Loading...
HomeMy WebLinkAbout1982 03-18 City Council PacketiN AGENDA Maplewood City Council 7:00 P. M. , Thursday, March 18 1982Ry Municipal Administration Bui l di nq k Meetino 82 -7 A) CALL TO ORDER B) ROLL CALL C) APPROVAL OF MINUTES 1. Minutes 82 -5 (February 18) D) APPROVAL OF AGENDA E) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one moi ti on in the form listed below. There will be no separate discussion on these items. If discussion i s de- s i red , that item will be removed from the Consent Aqenda and w i l l be considered separately. 1. Accounts Payable 20 Airport Partnership Watermain 30 Settlement: Project 78 -24 4. Settlement: Barkdol1 5. Vacation: Century Avenue E -A) HRA APPOINTMENTS F) PUBLIC HEARINGS 1. Preliminary Plat, Variances, and Lot Division: Keller Parkway (Dick a Anderson) (7:00) 2. Liquor License: Vitale - Chalet Lounge (7:30) 39 Liquor License: Clausen -2280 Maplewood Drive (7 :30) G) AWARD OF BIDS - None H) UNFINISHED BUSINESS - None I) VISITOR PRESENTATION J) NEW BUSINESS 10 Holloway Avenue - Sterling Street Project 20 Cash Connection Charges: Schouvel l er 3. Code Amendment: Definition of Family 40 Code Amendment: Accessory Apartment 5. Disbandment of Community Desiqn Review. Board L) ADMINISTRATIVE PRESENTATIONS M) ADJOURNMENT A Z MINUTES OF MAPLEWOOD CITY COUNCIL a ,7:00 P.M., Thursday, February 18, 1982 Council Chambers, Municipal Building Meeting No. 82 -5 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 7:04 P.M. by Mayor. Greavu, B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember Frances L. Juker, Councilmember MaryLee Maida, Councilmember C. APPROVAL OF MINUTES Present Present Present Present Present None. D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the Agenda as amended: 1. Agenda meeting - March 2, 1982 2. Water pipe freezing in street 3. Police Dispatcher 4. Traffic Problem - Pleasantview Park 5. Public apology 6. AFSCME Contract 7. Bingo - Lions 8. Mobile Homes 9. Visitor Presentation be placed after Item E, F and H Seconded by Mayor Greavu. Ayes - all. E. CONSENT AGENDA Council removed Item E -6 and 7 from the Consent Agenda to become Item J -5 and 6. Mayor Greavu moved, seconded by Anderson, Juker and Maida, Nay 1. Accounts Payable Approved the accounts (Part I - Check No. 006857 - $111 Part II - Payroll Check No. 028 of $240,801.32. Councilmember Juker, Ayes Councilmember Bastian to Fees, Services, Expenses, Check No. 012491 through 82 through check No. 03002 2. Nature Center Hours - Resolution Mayor Greavu, Councilmembers approve the Consent Agenda: Check No. 006110 through Check No. 012614 - $82 47,281.84) in the amount 1 - 2/18 Resolution No. 82 -2 -24 WHEREAS, Section 2 of the Ordinance relating to the Maplewood Nature Center in- dicates that the City Council of Maplewood shall designate the hours for the center; and NOW, THEREFORE, effective February 19,.1982 and thereafter, the Maplewood Nature Center shall be open to the public during the period from 30 minutes before sunrise and until 30 minutes after sunset. 3. Easement Acquisition: Hillwood Drive - Dorland Road Resolution No. 82 -.2 -25 WHEREAS, the City of Maplewood desires permission to use a portion of land owned by the Board of Water Commissioners for ponding purposes; WHEREAS, an agreement dated July 11, 1961 by and between the City of Maplewood and the Board of Water Commissioners provides permission for Maplewood to construct utility lines and works over and upon lands owned by the Board; WHEREAS, the Maplewood staff has reviewed the proposed Addendum to Agreement and staff recommends approval of said proposed subject to execution by all parties of the addendum to the original agreement that will authorize said permission to pond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Addendum to Agreement by and between the City of Maplewood and the Board of Water Commissioners is hereby approved and that the proper City officers be authorized and hereby directed to execute said addendum on behalf of the City of Maplewood. 4. English Street Improvement Resolution No. 82 -2 -26 WHEREAS, pursuant to an amended written contract approved by the City on October 3, 1980, Richard Knutson, Inc. of Burnsville, Minnesota, has satisfactorily completed Maplewood Improvement Project 79 -4 in accordance with said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for final payment on such contract, taking the contractor's receipt in full. 5. State Aid Transfers Approve transfer of $6,100 from the Street Construction State Aid Fund to the Special Assessment Fund effective December 31, 1981 to finance the following projects: 3,200 - Project No. 70 -5 2,900 - Project No. 71 -15 8. Interfund Transfers - Engineering and Administrative Charges Resolution 82 -2 -27 2 — 2/18 4 BE IT RESOLVED, that effective December 31, 1981 .transfers be made between the following construction projects and the General Fund for in- house engineering and administrative costs: PROJECT TRANSFER TO FROM) GENERAL FUND NO*ENGINEERING ADMINISTRATIVE TOTAL 77 -04 Maple Greens - Phase III 2 291 269 2,560 77 -09 Gervais - Germain to White Bear Ave. 3,749 760 4,509 77 -12 Maryland Avenue 19 714 627)19 77 -13 Car -Don Estates 2 452 2,835 78 -01 Gervais -East of Hwy. 61 22 020 653 22,673 78 -09 Water on East Shore Drive 8 811 9,017 78 -10 Hillwood drive 11,069 0_11,069 78 -12 Crestview 2nd Addition 1,524 508 2,032 78 -18 Condor Storm Sewer 3,793 0-3 793 78 -20 Brookview Drive -Storm Sewer II 3,642 387 4 029 78 -23 Crestwood Knolls 2nd Addition 1,370 356 1,726 78 -24 Beam - West of Hwy. 61 4 834 1 201 6,035 79 -01 Cope Connection 11 560 190 11,750 79 -04 English St. - Near County Road C 7,934 432 8,366 79 -10 Gall AVenue 600 100 700 79 -15 Maple Knolls 4,709 1 043 5,752 80 -03 Water on Ripley 981 0_981 80 -12 Crestview Forest Subdivision 308 617 925 80 -13 Goff's Mapleview Addition 28)0-28 ) 80 -14 Keller Parkway Sewer 3 891 0-3,891 80 -17 Hwy. 61 Water (Datsun)81 400 481 80 -18 Kennard Sewer 67 67 134 81 -03 Arcade Street Water 196 127 323 81 - -6 1981 Diseased Tree Program 0-204 204 81 -08 Carlton Club Water 557 123 608 81 -12 Sterling Street 5 511 0-5,511 3 - 2/18 81 -16 Acorn Greenhouse Development 3 1 4,979 81 -19 Chesterwood Addition 3 1,132 4,254 12Z_ 10,378 $138 9. Budget Transfer and Court Judgement Approved a budget transfer of $300 from the General Fund contingency account (101 - 199 -4910) to the judgements account (101- 199 -4970) to settle a lawsuit filed by Thomas J. Perzichilli, Jr., 2300 Linwood Avenue Apprvoed a budget transfer of $1800 from the Revenue Sharing Fund Contingency Account (203 -199 -4910) to'the subscriptions and memberships account (203 - 199 -4380) for the charge for the Cable TV Commission ($3,000 previously budgeted, $4,800 total charge). 10. Budget Transfer: Emergency Preparedness Approved the budget transfer of $400.00 from the Contingency Fund to Public Works for the purchase of 1,000 additional sand bags. I. VISITOR PRESENTATIONS 1. Richard Hagstrom, 2130 Arcade Street a. Mr. Hagstrom informed the Council of the problem he has encountered Since purchasing his home at 2130 Arcade Street from Voya Piletich. Mr. Piletich divided the property at 2130 Arcade Street and is building a home on the vacant piece. Mr. Hagstrom has had his property surveyed and found that the lot line goes through his foundation. Also, Mr. Piletich has located his new dwelling closer to the lot line than is stated in the code. b. Mr. Hagstrom requested Council to have staff monitor previous records and submit the information to him. He also requested Council also institute a code amendment to require more than a five foot setback on RE District zones. F. PUBLIC HEARINGS 1. Town Crier: Liquor License 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the appli- cation of Thomas Cory and Jack Maxwell for an On Sale Liquor License at Town Crier Restaurant, 1829 North St. Paul Road. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Mr. Cory and Mr. Maxwell, the applicants, spoke on behalf of their proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. 4 - 2/18 g. Councilmember Anderson moved to approve an On Sale Liquor License for Thomas Cory and Jack Maxwell to do business as The Town Crier, 1829 North St. Paul Road, subject to the followinE conditions: No dancing permitted No patron bar or lounge Liquor to be sold with meals only and introduced the following resolution and moved its adoption 82 - 2 - 28 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on February 18, 1982, an On Sale Intoxicating Liquor License was approved for Thomas Cory and Jack Maxwell, dba The Town Crier, 1829 North St. Paul Road; The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Mayor Greavu. I. VISITOR PRESENTATIONS None. G. AWARD OF BIDS 1. Rotary Mower a. Manager Evans presented the staff report. Ayes - all. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 2 - 29 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Langula Hardware, Inc. in the amount of $12,189.50 is the lowest responsible bid for one (1) Front - Mounted Rotary Mower and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Maida. UNFINISHED BUSINE 1. Minimum Dwelling Floor Area Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. a. Councilmember Juker moved to table this item until later in the Agenda Seconded by Councilmember Anderson. Ayes - all. 2. Amendment to Rules of Procedures 5 — 2/18 a. Councilmember Bastian moved to approve the following amendments to the Rules of Procedures: Section 10 Subsection A. Ordinances, resolutions and other matters or subject requiring action by the Council shall be introduced and sponsored by a member of the Council. The City Manager or Attorney may present ordinances, resolutions and other matters or subject to the Council. Subsection C. Every ordinance other than emergency ordinances shall have two public readings as provided in Subsection (b) of this Section and at least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. No ordinance shall be given its first public reading when introduced under "Council Presentations ". Any ordinance introduced under that order of business shall be placed under "New Business" at the next regular meeting of the ; Council. Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays — Councilmember Juker. 3. Legal Claim: Barkdoll a. City Attorney John Bannigan explained the lawsuit. b. Mayor Greavu moved to authorize the City Attorney to join in a proposed settlement up to $2500.00 with the Barkdolls. Seconded by Councilmember Anderson. Ayes — all. I. VISITOR PRESENTATIONS None. J. NEW BUSINES 1. Final Plat: Acorn Greenhouses a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the Acorn Greenhouse Final Plat with the understanding all conditions of the preliminary plat have been met. Seconded by Mayor Greavu. Ayes — Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays — Councilmember Juker, 2. Code Amendment: Quad and Double Dwelling a. Manager Evans stated that on February 4, 1982, the Council voted to reconsider this ordinance at the February 18 meeting. The Community Design Review Board recommended approval. Approval of the enclosed ordinance is recommended. b, - Councilmember Juker moved first reading of an ordinance regulating the desi n of Quads and Double Dwellings. 6 — 2/18 G Seconded by Councilmember Maida. 3. Resolution of Appreciation Ayes - Councilmembers Anderson, Juker and Maida. Nays - Mayor Greavu and Councilmember Bastian. a. Councilmember Bastian introduced the following resolution and moved its adopt- ion: 82 - 2 - 30 WHEREAS, Tom Morris became a member of the Housing and Redevelopment Authority of Maplewood, Minnesota in January of 1981 and has served faithfully in that capa city to the present time; and WHEREAS, he will not be available for reappointment after the expiration of his term in March; and WHEREAS, he has freely given of his time and energy without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maple- wood, Minnesota, and the citizens of the City that Tom Morris is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. Seconded by Councilmember Juker. Ayes - all. 4. M.T.C. Bus Rerouting a. Manager Evans presented a proposal from MTC to reroute the 9C Bus to serve Condordia Arms. As the map shows, the new route would be on Lydia Avenue and Ariel Street. These are permanent 9 ton streets with sufficient strength to carry bus traffic. b. Several of the residents of Concordia Arms spoke on behalf of the rerouting. c. Councilmember Juker moved to request the MTC to reroute the 9C Bus to west on Woodlyn Avenue to Ariel , south on Ariel to Lydia and then west to White Bear Avenue and to also request the M TC to have bus 9C pause at Concordia Arms. Seconded by Councilmember Anderson. Ayes - all. 5. Financial Transfers to Close Improvement Projects a. Councilmember Juker moved to approve the transfers to close nine projects_ and introduced the following resolution and moved its adoption: 82 - 2 - 31 RESOLUTION ABANDONING CERTAINIMPROVEMENT PROJECTS UNDERTAKEN PURSUANT TO MINNESOTA STATUTES, CHAPTER 429 AND 7 -2/18 PROVIDING FOR THE TRANSFER OF FUNDS IN CONNECTION THEREWITH WHEREAS a) The City of Maplewood has heretofore undertaken the following improvement projects pursuant to the authority granted in Minnesota Statutes, Chapter 429: Project '78-19 (Hillcrest Development - McKnight Water) and Project 79 -7 (Walter Street) (collectively, the "Projects "). b) The City of Maplewood has heretofore issued Temporary Improvement Bonds of 1980, dated August 1, 1980 (the "Bonds ") to finance all or a portion of the cost of the Projects. c) The City Council desires to abandon the Projects and provide for the transfer of the moneys held in the respective Construction Accounts attributable to the Projects as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City of Maplewood abandons the Projects for the following reasons: Project 78 -19 would be more cost effective to construct in conjunction with the county's reconstruction of McKnight Road sometime in the future; Project 79 -7 is not financially feasible. 2. The investment earnings accruing on the Bond proceeds held in the respective Construction Accounts, attributable to the Projects shall be used by the City to pay the cost of the Projects prior to the date of abandonment. 3. The $414,926.70 balance in Project 78 -19 shall be transferred as follows: 400,000.00 to Project 81 -4 Adolphus Street Sewer 14,926.70 to Project 79 -15 Southlawn Avenue Imp, 4. The $95,355.49 balance in Project 79 -7 shall be transferred as follows: 50,000.00 to Project 78 -20 Brookview Drive Storm Sewer 28,000.00 to Project 80 -14 Keller Parkway Sanitary Sewer 17,335.49 to Project 81 -6 Diseased Tree Program - 1981 1) 2) 4) 5) 6) Seconded by Councilmember Anderson. Ayes - all. 6. Carry Over of 1981 Appropriations to 1982 a. Councilmember Juker moved to authorize the following reductions in the 198.1 Budget and the following increases in the 1982 Budget for all of the above carry over requests 1982 Amount Account Code Function Purpose 1,230 101 - 110 -4730 City Hall Maintenance Ventilating Improvements 880 101 -112 -4640 Emergency Preparedness Refurbish and replace old warning siren electrical control boxes 1,460 101 -401 -4520 Public Safety Admn.P.O.S.S.E. computer rental 1,550 101- 401 -4630 Public Safety Admin.Office equipment 400 101- 402 -4240 Police Services Snowmobile suit, boots & gloves 8 -2/18 7)5 101 -402 -4640 Police Services 8)4,000 101- 403 -4390 Paramedic Services 9)390 101- 403 -4600 Paramedic Services 10)28,740 101- 403 -4640 Paramedic Services 11)8 101 - 407 -4480 Animal Control 12)1.50 101 -501 -4630 Public Works Admin. 13)150 101 -503 -4630 Engineering 14)5,500 101- 602 -4720 Park Maintenance 58,550 Total REVENUE SHARING FUND Bullet proof vests Emergency Medical Technician training Undesignated capital outlay Paramedic Gift Fund") East Metro E.M.S. Communication System To increase patrol hours (1982 Budget reduced patrol hours by 50 %) Office equipment Office equipment Repair of asphalt parking lot at Afton Heights Park Expenditures and encumbrances for the Revenue Sharing Fund were $117,715 under budget according to preliminary figures. Revenues were $7,554 less than budgeted because revenue sharing allotments were less than anticipated. However, there are sufficient monies available for the following proposed appropriation carry overs: Amount 1) $20,370 2) 880 3) 12,500 33,750 H. 203 - 403 -4610 Paramedic Services 203- 403 -4640 Paramedic Services 203- 506 -4640 St. Lights & Signals Total Seconded by Councilmember Anderson. UNFINISHED BUSINESS (continued) I. Minimum Dwelling Floor Area Purpose Replacement of paramedic patrol vehicles Paramedic equipment Opticom at I -94 and Hwy. 120 Ayes - all. b. Commissioner Lorraine Fischer presented the following Planning Commission recom- mendation: Commissioner Prew moved the Planning Commission recommend to the City Council amending Section 904.010 (6) as follows: 6) Minimum Floor Area Requirements a. The floor area of any detached single family dwelling, hereafter erected, shall not be less than the following: I. A one -story dwelling: 864 square feet 2. A tri -level dwelling: 975 square feet 3. Bi -level and 1 1/2 story dwellings: 1008 square feet 4. A two -story dwelling: 1056 square feet. b. Room size and number shall be consistent with the Uniform Building Code standards. 9 - 2/18 Also, amend Section 916.010 to include the following new subsections: 20) Single- family detached residence types are defined as follows: a. One story residence - single floor level, usually at grade level. b. One and one -half story residence- two floor levels; one at grade and one above grade, which does not have full ceiling height for the entire above- grade level. c. Two story residence - two floor levels; one at grade and one above grade, both with full ceiling height. d. Three -story residence - three floor levels; one at grade and two above grade, all with full ceiling height. e. Tri -level residence - three floor levels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. f. Bi -level residence - two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially exposed. 21) Floor area for single- family detached dwellings shall be calculated as follows: a. The total floor area of habitable levels at or above grade which have full ceiling height b. One -half the floor area of habitable levels partially below grade with full ceiling height. 22) Habitable floor area - as defined by the Uniform Building Code. 23) Grade - as defined by the Uniform Building Code. Commissioner Pellish seconded. Commissioner Fischer moved an amendment to change the minimum square feet for a one -atory dwelling to 800 square feet. Commissioner Hejny seconded.Ayes 5 Nays 3 Commissioners Whitcomb Pellish, Kishel) Voting on the motion as amended:Ayes 7 Nays 1 Commissioner Fischer)" c. Councilmember Maida introduced the followin ordinance and moved its adoption: ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 904 AND 916 OF THE MUNICIPAL CODE RELATING TO MINIMUM FLOOR AREA REQUIREMENTS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: 10 — 2/18 I A U Section 1. Section 904.010 (6) is amended to read as follows: 6. Minimum Floor Area Requirements a. The floor area of any detached single dwelling, hereafter erected, shall not be less than the following: 1. a one story dwelling: 950 square feet 2. a bi -level or a one and one -half story dwelling: 960 square feet 3. a tri -level dwelling: 765 square feet 4. a two- -story dwelling: 720 square feet b. Room size and number shall be consistent with Uniform Building Code standards. C. Floor area for single dwellings shall be calculated as follows: a. The floor area at grade for one- story, bi- level, 12 story, and two -story dwellings; or b. At and above grade for tri -level dwellings. Section 2. Section 916 -101 is amended to add the following new subsections: a) Single - dwelling types are defined as follows: a. One story dwelling: single floor level, usually at grade level. b. One and one half story dwelling: two floor levels; one at grade and one above grade, which does not have full ceiling height for the entire above -grade level. C. Two -story dwelling: two floor levels; one at grade and one above grade, both with full ceiling height. d. Tri -level dwelling: three floor levels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. e. Bi -level dwelling: two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially exposed. 21) Floor area: The sum of the gross horizontal area of the floor of a build- ing, measured to the exterior side of the exterior walls. Floor area shall not include garages, attics, or unheated spaces. 22) Grade: as defined by the Uniform Building Code Section 3. This ordinance shall take effect upon passage and publication. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Juker and Maida. lu i Nays - Mayor Greavu and Councilmember Bastian. Motion failed. (4 votes required) COUNCIL PRESENTATIONS_ 1. Agenda Meeting - March 2, 1982 a. Councilmember Maida requested that the March 2, 1982 Agenda Meeting be held on March 1, 1982 as she has a conflict that night. b. Councilmember Bastian moved to hold the Agenda Meeting at 4:00 P.M. March 1, 1982. Seconded by Councilmember Anderson. Ayes - all. 2. Water Pipes - Freezing in the Street a. Councilmember Anderson stated he had received a call from Mrs. Lipinski, Hazelwood Street, regarding her having to pay three times this year to have the water pipe in the street thawed. b. Staff stated that this is a requirement of the St. Paul Water Department Con- tract with the City. 3. Police, Dispatcher a. Mayor Greavu moved to authorize the Manager to fill the vacant position of the Police Dispatcher. b. Seconded by Councilmember Maida. Ayes - all. 4. Traffic Problems - Pleasantview Park a. Mayor Greavu stated he received a letter and petition from Dean Sherburne regarding the through traffic on Marnie Street. It has been proposed to move the fill dirt from the Hillwood Drive - Dorland Road Project to Pleasantview Park. The neighbors do not want any traffic on Marnie. b. Manager Evans stated this item is scheduled for the March 4, 1982 Council Meeting, 5., Public Apology a. Mayor Greavu apologized to the St. Paul Dispatch Winter Carnival Committee and the City of St. Paul for his statements pertaining to the medallion. L. ADMINISTRATIVE PRESENTATION 1. AFSCME a. Councilmember Anderson moved to the AFSCME contract for 1982 as pre- sented by the Manager. Seconded by Mayor Greavu. Ayes - all. 12 — 2/18 f` o I 2. Bingo — Lions a. Manager Evans stated the Maplewood Lions have requested to have a special bingo game on Saturday, March 13, 1982. According to the State Statutes any organization that holds weekly bingo games may have one special occasion game. The Lions would like to have bingo all day, but this is prohibited. b. Councilmember Bastian moved to approve a special occasion bingo permit for the North Maplewood Lions on March 13, 1982 and this permit be ar anted accordin to the State Statute. Seconded by Councilmember Anderson. Ayes — all. 3. Mobile Homes a. Manager Evans stated there is proposed legislation prohibiting cities to reg— ulate the placement of mobile,homes in residential areas. b. Councilmember Bastian moved to direct staff to draft a letter from the Council to the cities legislative representatives ex ressin our concern regarding the Proposed changes in Statute 462.351, Subdivision l eliminatin the cities ability to restrict manufactured homes in residential areas. He feels manufactured homes do not pay the normal frei ht and can be a "blight" on the environment and can result when grouped together in an area that requires more services. Seconded by Councilmember Anderson. Ayes — all. ADJOURNMENT 9 :54 P.M. City Clerk 13 - 2/18 1. ry,MAPLEWOCO A C C 0 U N T S, P A Y A 8 L E DATE 03,m1 P A G E_ C K A M C U N T C L A I M A N T P U R P 0 S E D CL 17 S 4, 243.11 MN MUTUAL LIFE INS CO CONTRI BUTIONS9 I NSURANCE 1560G 39773947 MN MUTUAL_LIFE INS CO A/R do INS CONTINUANCE 91E* 75 __1 5 T AT. E I &E A S. 0 R. -Zn R DEPQ mDEPUTY REIGISTe AND— HE INS*') PAY ABLE 39280075 MINN STATE TREASURER OEPOSITS =D PUTY REGIST• AND -LIFE INS OED PAVABLS 255* 4'0"0 MINN STATE TREASURER STATE D/L FEES PAYABLE ANC - DENTAL INS PAYABLE7 1 229.00 _...__...Jf1NN___STATE TREASURER EP0,%T_SmDEPUTY P-":GIST* AND — CONTRIBUTIONS, INSURANCO 156*00 237 JCM.A RETIREMENT POR.P.____FEPREQ_ COMP - PAYABLE AND — DEFERRED COMP.EENSATION D-00 18.1 fto MA_PLEWOOO STATE BANK FED INCOME TAX _ RAY AELE I j Co 183 200*00 MN STATE - RETIREMENT SYST DEFERRED COMP PAYABLE 0018 4 4,9942o57 STATE OF MN MINN INCOME TAX PAYABLE Doc 18 5 0 0018 6 O3C187 1000188 297P 43 AFSO ME_ LOGAL _Z725 249 0 0 ME. T. R C SU V 1S. - C R Y 127eCD. MN MUTUAL LIFE IN 10,9596*00 CITY CTY CRECIT 14.5,* 3-C __ ,_.RQS E MARY KA-N.E-.-.---- 0.UNION OU"S PAYABL;7 AND -FAIR SHARE FEES PAYASLI.. AS$ S co DEFERRED COMP PAYABLE UNION CPEDIT UNION OED PAYABLE WAGE DEDUCTIONS PAYABLE Doc 190 292. MN BENEFIT ASSOC MBA INS PAYABLE vac 0c 191 59*25 WISCONSIN OPT CF REVENUE MINN INCOM;7 TAX PAYABLCt IF0 -0 0. 2 F-i-I *-C.v A-f—f-AYABLE _ 9 s 2 91.7 0 __ . __ __ __ M tA. TE R t R . - F C_ 44 AND•DUE TO OTHER GOVT UNIT Fj0.0 ©x.9 3 .. __2090 v_0__MINN_TATZ__._TRxEASVR _DSTATE / FEES PAYABLE.. 10 BE 194 42*40 DENNIS S CUS11`CK FEES,9 SERVICE -Di spatch?_rs oral Board Review expense c GZJ 195 1560G TREE INSPECTORS WORKSHOP TRAVEL TRAINING 91E* 75 __1 5 T AT. E I &E A S. 0 R. -Zn R DEPQ mDEPUTY REIGISTe 000197 39280075 MINN STATE TREASURER OEPOSITS =D PUTY REGIST• 11 '01 C. 19 8 255* 4'0"0 MINN STATE TREASURER STATE D/L FEES PAYABLE 0 c 19 9 1 229.00 _...__...Jf1NN___STATE TREASURER EP0,%T_SmDEPUTY P-":GIST* ACO200 156*00 MINN STATE TREASURER STATE; D/L FEE-S, PAY AELE T OF MAPtIEWCOC A C C 0 U N T S CHECK* A H 0 U N T C im A 1 M A N T P A Y A 9 L E DATE 03w18'w82 P A G E 2 P U R P 0 S E a a 3C. 20 1 21e00 HILLCREST MIOAMERICA R E F U N 0 NEIRC—STATE—UNIV AINING 20 3 70.00 RAMSEY CO CLERK OF GIST CNTY - D /L FEES PAYABLE 000204 249922 MN UNEMPLOff COMP FUND DUE TO OT DER GOVT UNITS DIC. 20 -5.. __.__N -S-TAT-E- _TREikSUR=R,__.__. --1 -FEES 'PAY A 8L E' 00c 20 E 11 040 MINN STATE TREASURER DEPOSIT'.5.,wDEFUTY REGISTe VM 0 20 7 29596*00 MAPLELEAF OFFICIALS ASSN ci . alsFEES, SERVICE,-- Officials Basketball Volle PAYAEL."c 30 61,961.NECESSARY EXPENOITURES SINCE LAST COUNCIL MEETING 0 7._3557986 Richard Knutson Construction Contract 00160 209,00 Minn.State Treasurer State D/L Fees 00161 1 0 Minn. State Treasurer Deposit-Deput Re 00162 25, 00 MRPA Park & Rec.T _T r- -a- - -i n i n g 0 -258*00 Minn.State Treasurer State D/L Fees 00164 1,508*30 Minn.State Treasurer P.E.R.A.P.E.R.A. Ded. Pa 00,165 3,207.77 Minn-State Treasurer P.E.R.A.P.E.R.A. Ded. Pa 00166 8 Minn. State Treasurer P.E.R.A.P.E.R.A. Ded. Pa 00167 152900 Minn.State Treasurer State D/L Fees 0 016 8 19 Minn.State Treasurer Dep - Deput Re 0 016 9 10.0 00 Charles Reed _ Printing Supplies - Office 00170 2 Minn. State, Treasurer.Dep.- Deput Re 00171 634. 00 Clerk of Distr. Court Cnt D/L Fees Payable 0 0 2 495* 34 Minn. State Treasurer Surtax Surchar Tax Pa 00173 74e00 Minn. State Treasurer State"' D/L Fees 00174 4 Minn. State Treasurer Deposit Deputy Re , 00175 34950 Minn. State Treasurer Travel & Trainin 00176 285.00 Minn, State Treasurer State D/L Fees 12 53* 00 M * State Treasurer Mar De posit Deput Re 300178 80e 00 urelius Re un A Run 1641,64125.NECESSARY FX?FN1)TT1JRFR RTNrr TACT rr)TTMrTT. MPrTT'NTr_ j : T ' V OF MAPLE OCG A C C O U N T S ' P A Y A B L E DATE 03.18 -82 PAGE 3 t, CHECK* U A M 0 U N T C L A I M A N T P U R P 0 S E Q 12695 19.25 A BUSINESS MACHINES RE P. +A I T• s EQU 012 E.96 -- -259.20 ACC INC F -E E;jj_4ERV Temp. _ --Help 012 697 49. 37 ACE HARDWARE CAI NTE~NANCE MATERIALS AND_ - SUPFLIES, OFFICE AND- SUFFLIES, PROGRAM 1- 9.3 --AMERICAN NATICNAL . BANK SCND_ INTrFcEST AND :PAYING AG* NT FEES A- MERICAN NATICNAL SANK - - - - --NC INTEREST AN0- PAYING AGENT FEES 0.1 Z 7L -0- - - -_3__Q fl - -___AMERICAN - PLANNING ASSOC - - - -- -SUBSCRIPT_IONS+..MEM9 ERS HI P Q 1270 1 40. 00 ANNALS OF EMERGENCY MEOC SUBSCRIPTIONS *MEMS ERSHI F D12702 240.00 AGUAZYME FEES, SERVICc Chemical Toilets 012703 l E, 3 _BOARD _ OF - .WATER --C.CMM - - - - - - -- - --- --- -T .ITI SL - -- - _ -- - - -- - - - - - -- -- - -- 012704 243.53 FILL BOYER FORE SUPPLIES, V HICLE 01270 5 131. E1 BRAD RAG,EN INC REP. + MAINT. VEHICLES 011 _Z 70.1 -_5 0 AP L 1 N _ Pu 5L I S- .I N G __L_ SCAL _ -. 012707 6. 00 CLARK BOARDMAN CC LTD BOOKS 332.48 COLLINS ELECTRICAL GONS ----------BUILDING IMPROVEMENT 0.12 9 - --b5 52.-CTTNS. - - -- --SUP im VHI C. 012710 69.45 CENNIS S CUSIC K TRAVEL f TRAINING N D mU N I FO R M S -- } - -C L 0TH 012711 240.00 PAT DALEY FEES, SERVICE Plumbing_ Inspector 012712 35.00 DIAMOND RADIATOR REPAIR REP* + MAINT., VEHICLES Fire Protection 012714 19592958 EASTMAN KODAK CO DUPLICATING COSTS X012715 4,560.00 KBLAD PARDEE +SEwELL INC INSURANCE 012716 529858.75 GLADSTONE FIRE C£PT FEES,r SERVICE Fire Protection rV--0F tjApLE001r,A C C C U N T S F A Y A g L E DATE 03 -18- 82 PAGc- 4 HE CK A M 0 U N T C L A I H A N T P U.R P 0 S E 112717 82050 DUANE GRACE FEES, SERVlCt 12722 160* 22 KNOX..L-UMBER Temp. Inspector 112 at -12 0 * 9 0-R O-S-S ---INDUSTUAL. FEES SERVICE I'D 12 73 4 FI 444.68 NATIONAL BUSINESS SYSTEM AND-FEES, SERVICE 42724A.43*00 F M`hN CITIESLEAGUEOA. Ru Cleanin 111 719- 29. 60-NE V I N __j_,S I_NL A - -- ----TR TRAINING X1 12 72 0 955.07 HOWIES LOCK f KEY SERVIC FEES, SERVIC" KUWAY GARAGE Locks Replaced 12721 854o7&ITASCA EQUIPMENT CO SUPPLIESv VEHICLE 12722 160* 22 KNOX..L-UMBER AA_j..N_T;7NA.NC_Z -MATEKIALS4- 12723 169o5O LAKE SANITATION FEES SERVICE I'D 12 73 4 FI 444.68 NATIONAL BUSINESS SYSTEM Rubbish Removal 42724A.43*00 F M`hN CITIESLEAGUEOA.BOOKS 9 220 =01' 12725.___ 19 .. _0 12726 53.70 LINOLEUM SALES CO 312727 64.23 MAPLEWOOD REVIEW b1272_8 362.O0 F E k I T HE'V R0 L E T- C4 DUE TO OTH'R GOVT UNIT 0% Ins., Premium REP* + PAINT09 BLOG+GR.OS LEGAL + FISCAL AND - PUBLISHING 12 729 269*+00 --METROFOUTAN, C uN L __-- - - -UN.1 -,S.-x'0 __.G0VT__ T - -_ D12730 15.00 KUWAY GARAGE REP* + !! AINT*q VEHICLES 1 — 7 3 1 -1211 160938 NI-OW AY TRACTOR SUFPLIES,9 VEHICLE 1.2 .73.E 4 97.4 2 t-D TY-0-F-A 0 U N D_S_ _V IZ W FIES-_9 -SERVICE....- Data Processin f;D 12 73 3 541e25 MUNIC PRIVATE SERVICE R E F U N 0 AN 0- FEE -S Jan - Anima Control I'D 12 73 4 FI 444.68 NATIONAL BUSINESS SYSTEM EQUIPMENT* OFFICE FI D 12 73 5 44*20 NATIONAL BUSINESS SYSTEM F ESv SER VI CE Microfiche Processin NEW .-BRILAnN.-I U E _ 0 . T_#iER - - D 1t T lN T _ __- Data Processin x,01273 7 1,9708*64 CITY OF NORTH ST PAUL UTILITIc!S, P12738 30. 20 FORTH ST PAUL MELDING IN MAINTENANCE MATERIALS 12-739.-- f1 7 A. U+N0F.T.HERN___S_T_A_T1S --PD-WER.U ES__ 12 74 0 19*05 NORTHERN STATES POWER CO is TO UTILITIES Y,- OF MAP6'EWOOD A C C 0 U N T S P A Y A 8 L E A 03 -18 -803,mI882 PA 5 Lf HE A -M 0 U N T C L A I N A N T P U R P 0 S E h D12741 911,012 NORTHERN STATES POWER CO UTILITIES ii x;012 74 2 1,p107*14 NORTHERN STATES PO We CO UTILITIES 1274 3 6,463. b0 Nom""THER.N STATES POWER CO UT ILITI'S 012744 893*73 NOF..THERN STATES POWER CO UTILITIES D127454 3,553.44 KTHERN STATESNO—POWER CO UTILITIES DO 12746 23, 007.60 NW NATIONAL BANK OF MFLS BOND INTEREST Ph COUNTY THE SIB -Uk—FEES -2---SERVICE AND -wPAYING AGENT FEES p 12 747 81, 838.45 NW NATIONAL BANK OF MOLS BOND INTEREST RIDGEDALE ELECTRIC CONTRACTS PAYABL1.7. 4 12 75 9 63*35 RUGGED RENTAL RUGS AN.D-mPAYING AGENT FEES D12748 589836*95 NW NATIONAL BANK OF MP*,wS r.BONO INTERE 8 4-9.1 ----S-- AND-&PAYING AG-E7NT FEES 12 74 S 1 221.NOkTHWESTERN BELL TEL CO TELEFHCNE 1275 19228967 ESTERNNORTHWio 6ELL TEL CO TELEPHONE - -- f' 12 751 b. D LAV.ER-NE.NUTESCN---.,.-.-.--.-.----.---.---.4TRAVEL — --TRATRAIING 112 75 2 199* .10 OFFICE ELECTRONICS INC SUPPLIES, OFFICE p 12753 34,9101,*25 PA-"KSIDE FIRE DEPT FEES, SERVICE Fire Protection 12 75 4.--.-PE ERSONqBELLJ CONVERSE FE E.5j_.SERVICE March Retainer I'012 783*25 PERSCNNEL WORLC FEES, SERVICE Temp. Help X012 75 6 56*00 RAMSEY CSI INIC ASSOC P A FEES L9SERW"CE Ph COUNTY THE SIB -Uk—FEES -2---SERVICE Data Processin 0 75 8 17 9568.00 RIDGEDALE ELECTRIC CONTRACTS PAYABL1.7. 4 12 75 9 63*35 RUGGED RENTAL RUGS FEES, SERVICE Ru Cleanin 10-1 Z-7.6.0 8 4-9.1 ----S-- AND - SUPPLIES, PROGRAM AND- EQUIPMENT, OFFICE 12761 99999*14 SHORTmELL1OTT-wKN0RICKSN FEES, SERVICE AND-mOUTSIOL ENGINEERING FE ServicesJan. I 11,012762 33*50 CHRISTINE SOUTTER Owl- TRAVEL TRAINING AND -FOES, SERVICE Print 'Processing Y OF MQPLEWOOD HECK* . A M C U N T A C C 0 U N T S P A Y A B L DATE 03 18 - 82- PAGE 6 0 L A I M A N T P U R P O S E 19763 '67.00 ST PAUL } SUBURBAN BUS FE ES , SERVICE C A I N.T .. -,- - -V.E H I C L S 12772 Gals Getaway 1.27.6.4 sU_ERAMER...TCA VEHICLE 12765 lb• 50 TABULATING. SrERV BUREAU FEES, SERVICE JANITORIAL _ 12773 Data Proce 12 766 13.45 TARGET STORES INC SUPPLIES, OFF CE 4 06 0 -* 15.._..._TO . 2 .KI..N.G _* __ID.0 A-LL ES_s _ _C.O..N.S ULTI N 12 76 a 13611 TRUCK UTILITIES t MFG CO SUP PLI , V EHI C L E 12 76 9 _i99* 84 TURNOUIST PAPER CC SUFPLIES, JANITORIAL 20.00 UN- L- 1 .41 - TEC WAGES, P/T f 12 77 1 _-215.8 L __-V A-i S ___B 00Y___S_H 0 C A I N.T .. -,- - -V.E H I C L S 12772 45.94 r WARNERS TRUE VALUE HDWRt SUPPLI Et, PFOGRAM s JANITORIAL _ 12773 226.90 XEROX CORPORATION DUPLICATING COSTS 12774 431 9 4C _ --ZIEGLER INC SUPPLIES, VEHICLE 1277.35.62 _ --KU'.._A.iCERSQN _ --WAGE P /T_ --. _EMP• 12776 20.00 MI.CHELLE ANDERSCN WAGES, P/T f TEMP. 12777 37950 KATERI ASHTON WAGES, P/T *TEMP* 1-277.8 18_0 C.D_._------DE.NNIS ..BA.RT.H.OLCM•EW_T_EMP. 1277 27. G0 CAVID BEALKE WAGES, P/T +TEMP. 1278 48o00 GREGORY BOTHWELL WAGES, P/T f TEMP* s ` i 12 78 1—b 4 ..D Q . _ __.._L A -P, R Y_-B OT N W E L-L ._ _ _ __W_!4 G E_S j - I T.-TEMP*. t 6 12782 14. fl0 MICHAEL J BOTHWELL WAGES, P/T TEMP. 12783 18.OG THOMAS J BRENNAN WAGES, P/T TEMP. f 1 4 2.1 o 7 RI C H.A R 0 _._.3.U_N K.E_ - _ -WA .CE .5. :_ X11 _ . } _I_E M P -- - 12 78 5 28.00 DOUGLAS DE hLER WAGES, P/T TEMP. 12786 - t 2.8 -.00 JOHN BEHLER WAGtS P/T +TEMP. TY, OF MAPLEWOOD A .0 C 0 U N T S P A Y A 8 L E DATE 03 -18`82 PAGE. 7 IC HE C K A M C U N T C L A I M A N T P U R P 0 S E. E D1278T 100.00 GERALD DIEBEL WAGES P/T TEMP. - - - 10-12788 3 4 D 0 - _MATT N A A G _ - _ _ .._ ... _ _. _ _._ --A G S z P / 7 _T _E M P . 1012 27.00 MICHAEL KU EHN WAGES; P/T t TEMP, 012 7 9 Q 120 -JAMES M A G I L L -WAGES, P/7 TEMP. D 12 791_34.6 JUG I E MCC OL L U M WAGES PIT TEM 012792 12. 00 ROGER S NELSON WAGES, P/T TEMP. 12793 23.10 RONALD C NIELSEN WAGES* P/T f TEMP, D_ 12T94 9• _0 D R NYBAKKE - _-S P/WA G -MP.F - 012 ?95 26.00 MICHAEL JOSEPH PELTIER WA G S, P/T TEMP. ` 1012796 21.75 JEFF RASCHKE WAGES, P/T - -TEMPO Q_12T97 1• a0_ _KENNETH L RONSSERG WAGES, P /T TEMP. 012798 38.50 THOMAS W SCOLES WAGES, P/T f TEMP. D 12 T 9 9 n 16.0 0 RICHARD. STARK WAGES P/T -+9 TEMPO - - - - - - - -- - - D 12 80 fl _ - - - -_ _ - - 37 __PETER W AY N E T AT E- -- - - -- _ - ----- - ----WAGES , 012801 n 22900 JAMES TUCCITTO WAGES, P/T TEMP. 0 22 80 2 h 24000 WEND Y VIE TOR WAGES, P/T TEMPO 12 80 3 c 34. E5 RICHARD ALLEN WAR EKA WAGES, P/1 TEMP. 012 80 4 50.0u ROSS AND =RSON R E F U N D 012 80 5 4.50 BOOK DEPT TRAFFIC INST BOOKS D 128fl E 11.14- _-- - -S + SAN DEJAGER _ - -_ _ - --- -- _E F U N D 012807 n•5 0.00 RON LEHMA NN R E F U N D 012 80 8 108 G a SANDRA MARKFORT R E F U N D 1•97- --- --DER -S ONAk.O IPU ?ING SIIBSCRI MEMBESH -IP 115 30 CHECKS WRITTEN TOT AL OF -f45 CHECKS TOTAL _ -- 4589327947 INDICATES ITEMS FI BY RECR FE I 1 1 sl wl QTY OF HAPLSWOOD PAYROLL.REPORT PAGE i CERTIFICATION REGISTER CHECK DATE 03 -12 -82 v CHE C K_. _________NA S Q..S S__IC___ -____ 03251 EVANS BARRY R 29356.02 1,303.19 03252 LEWIS VIVA N R 931.59 569.• 57 2 P_ F.I.. QlauI AL.FR E.D - - - --J- -- 03254 SCHLEICHER 4OHN F 200081 20 0.81 03255 CVDE LARR J 191.54 144.7 8 03257 ZVFPCHE JOHN L ii x.39 115.21 03258 FAUST -DANIEL E 1 875.06 19120.05 0.3260 MATHEYS ALANA K 818.4 •582.12 03261 VIGOR EN OEL02ES A 744.74 475. 0 3 2- 62._____- _A -UR. -. LI U__ _._._._L:U L.LE_ _6 ! 9_- - - - 03263 SELVOG BETTY D 932992 557.22 03264 GREEN PHYLLIS C 961055 625.3 8 65_.S.CHA.0 T- --SEA NNE - -- - --L _2 5t 9__ -._-0.9- 03266 VIETOR LORRAINE S 685.88 452.28 03267 HENSLEY PATRICIA A 311.64 228.80 B A c .TYR- _ _._ - - -_ _.aE B 0 RA. H._A _6 T_ _ 03269 HAGEN THCMAS L 1, 714.01 448.55 03270,OMATH JOY E 681.41 449984 A F.-L _L 23 -al- 0-m 8e34 03272 SCHALLER RICHARD W 1, 856.00 1, 068.8 0 03273 SVENDSEN JCANNE H 993.21 583.88 i• 03275 ATCHISON JOHN H i, 0 36.15 60 064 1 - TY OF MAPLEWOOD PAYRCLL PEPORT PAGE 2 CERTIFICATION REGISTER CHECK DATE 03- 12--82 1; c K _ _ 0327E CAMANES ANTHONY G t 230.50 126.14 03277 C L A V S O N D K 1 0 36.15 146.0 0 03279 BELMONT DENNIS J 1026964 298 .40 03280 OREGER RICHARD C 1 703.34 2 8-1.-- .Ff_.P UC W - -A Y M 0 NQ . ___E -- -t 9 8 T_ -- - -4 D - - -- -- - -- - -- - .__ - - -- , 032fl2 GPEEN NORMAN L 1,195.85 636.76 03283 M A L W E G KEVIN R 1, 01 b. T 7_5 0 4 * 5 6 T_EP_ 03285 MEP9ERT MICHAEL J i, 064.43 628.53 03286 J DANIEL 692.84 438.60 ------------ ___.___ -- -.__ -- II3.2 MO AL- __..10 5 -A_.0 _ .__._ -___21 4 03288 LANG RICHAPG J 1, 084.60 578.90 03289 MCNULTY JCHN J 11195.39 1171.25 D 3.2.9 -a _M E E H A N * _J.P..-l .A M.E S -E 03291 METTLER DANIEL,B 1, 036.61 650.52 03292 MOFSCHTER RICHARD m 1, 093.03 156.62 03294 PELT IER WILLIAM F 1,194.72 660.85 03295 SKA LMAN DONALD W 1, 016.77 15 2. E 8 0 3131 S? N F __ _..._.GOF_ . np_ y l D1.51_? 03296 STILL VEFNON T 997.38 566.17 03297 STOCKTON DARRELL T 997.38 576.22 0 -32 98. Q A -- .J OS E_PH -.I.45.&5 b--_ -- - - - 03299 BECKER RONALD D 1.141949 25 ?.41 1 - OF MAPLEWOOD PA Y'Q C L L pE POP T PAGE 3 CERTIFICATION REGISTEf CHECK DATE 03 -12 -82 EiE C K SS 4 Y.. _ _ .N E.___PAC__ 03300 CUSICK DENN S 1 190b6.09 03301 GRAF DAVIC M 1, 065.23 49T - *66 0 . 3_ .L.E -C E ? ____- - --3 - 2 7 - ---6 5 _Q. - 03303 H .ELANDER JON A 1, 093.83 19.48 03304 NELSON CAFOL M 1,181.77 731942 op 03,106 PYA - N MICHAEL P 1, 141.49 496.29 03307 VOP WERK ROB* RT E 19 06 5.23 169.2 0 03309 EMSERTSON JAMES M 1.111.12 693.75 03310 SCMADT ALA'? ED C 1, 435.66 83 *61 93 i ,.t0 5-"-6 03312 FULLER JAMES D 755.12 535.b6 03313 NELSON ROBERT D 19219062 642.22 0 3 314__ - .__RUC M.R ------- 03315 WILLIAMS DUA.NE J 1, 055.54 453922 0 3 31E BAF TA MAC I E L 568017 397.9 0 D '30 312 _H Al K.ENN E.T -_G_ _________1, X81 - 5_.4__ 0 331 a WEGWERTH JUDITH A 603o42 417.15 03319 CASS WILLIAM C 1 706.39 3 32..E __RE.B ER G. --R O 1 - - --i., -Il4 6x.2 -6 - -- 03321 HELEY RONALD J 19039.46 639• ?2 03322 HOCHBAN JOSEPH H 955.93 619992 023 -KA NF____ —al .4________ - -- -- - 03324 KLA US ING HENRY F i, 09 5.19 51M.93 TY OF MAPLEWOOD PAYRCLL REPORT PAGE 4 CERTIFICATION REGISTER CHECK DATE 03-12-82 C "M E C _ _.A M E -GR O SS _PAY .. - -hE _ 03325 MEYER GERALD N 1,066.92 526.27 03326 P R F T T N E F JOSEPH 19410938 839.23 034327 _-R E..I NE RT __ --F.0 hlA D .A _ --4 T 0330 28 TEVLI HARRY J i 138.50 693s96 03329 EL %AS JAMES G 1,ZQ7.47 99 99- D 3.3 3 D -G E I S S L.E F. --- - 03331 GESS'ELE JAMES T 1, 098.34 687.21 03 332 PE DENNIS L 1.9 655. b2 0 3 30.33 -P.I L A T_Z K E 03334 WYMAN JAMES N 980.88 635.29 03335 LUTZ DAVID P 717.87 .`_4 79.82 2-"1* 03337 EOSON DAVID 8 1, 057.47 674.82 03338 MULWEE GEORGE W - -__9b4.24 5 7- - - - --8 8 03339. _N A D r A U _Qi A A_ ---1-.Il B-L e 22 6 9 2, g 03340 NVTFSON LAVERNE S i, 345.42 583.05 b 03341 GEPA Lp C i, 019.02 57800 --__ -- - - -- - 0 3 3 42 __C C. NALD 3 9_. 033 •3 MULVANEY DENNIS M i, 076.61 634.75 03344 BRENtvER LOIS J 910070 368.04 t. r; - - 4 3 34-5 --XR U MfO.-EL -- - --3 AR EIAR __ -A 1 1 03346 ODEGARD ROBERT D i, biT.38 3 .9 1 D2 03347 STAPLES PAUL INE M 1 819.59 03348 _BU A KE.,.._.._- r 03349 GFP MA IN DAVID A 19011941 s' 62rc. b 5 Y'' OF MAPLE WOOD PAY ROLL R PAGE 5 CERTIFICATION REGISTEP CHECK DATE 03- -12 -82 ItECK PA Y Y—._..___- 03350 GUSINDa MELVIN i, 328.05 696.74 03351 H El E Y R 0 L A N D B 9 8 8.1E 612.54 4_a 5 4: 03353 f RUSKA NA A 1,027.37 640.63 03354 SAMDflUIcT THOMAS 97.38 97.38 S.A.N T.A ._ _ 03356. CERNZ flA VI D 10 9.73 10 9.7 3 0 3 3 5 7 TAU 9 M A h DOUGLAS 1, 021.55 606906 03359 GREW JANET N 796080 49 0.61 03360 S 0 U T T E RCHRISTINE 84 -- - —90 49.48 03362 flLSUN GE 0'`#?EY W 1, 70 6.77 9x 0.2 1 03363 E ACS T R A N 0 -T C 99.75 569.36 0 .L_ - ---- -L - -- - -__0-2 __0 4z.43 03365 S S T P 0 M M A- R.JaIE 1,4f9.T8 850.2. 4 03366 WENGER ROBERT.J 1, 081.42 556 C Hf- X_K -_ _RfCj S T-ER_T Cr.A.L S 03130 Ne 1 s on Karen A 757.86 456.82 G 'n 7 Swan on -- --ji Ba J 2 6 8 5 25 0336.9 Horsnell Judith A 67,o36 62.85 CH REGISTER TOTALS 120 X493, 0 62,27J 84 z MEMORANDUM TO: City Manager FROM Director of Public Works SUBJECT: Airportort Partnership Watermain Agreement DATE: March 11,, 1982 s a private Ovate a gAttached • rm in agreement between Maplewood, St. Paul dBoardofWaterCommissionersan Airport Partnership. The agreement isp routine for the typ of watermain installation proposed. s recommended yIt • the City Council authorize execution of the attached agreement. c 0Z encl . A 1 T1 IL-TrX9VMfr 1, by and THIS INDENTURE,made this ICo day of ( e_ W\ hi partnership consisting of Craig Chittum, Clyde between Airport Partnership, a P Pemble and William Harrison in the State of Minnesota, hereinafter designated as a Minnesota Municipal Corporation, hereinafter Owners" , the City of Maplewood, designated as "Maplewood 1t and the Board of Water Commissioners of the City of Saint oration Paul, a Minnesota Municipal Corporation, hereinafter designated as "Board"; Board duri.n all times herein mentioned did and does manage, WHEREAS , The g control and operate, pursuant to the Home Rule Charter of the City of Saint Paul, primarily for the purpose of furnish - its water works and public water supply system p y ing an adequate supply of water for industrial commercial and domestic purposes to in its corporateresidentsoftheCityofSaintPaulwithorate limits, and incidentallyP PtoresidentsoftheCityofMaplewood for the same or similar purposes, pursuant to agreements by and between the Board and sai d last named City and I ordinances of O said Cit y of Saint Paul and City of Maplewood germane thereto; and WHEREAS, The Owners own the following described land situated within the corporate limits of said city of MaplewoodP in the County of Ramsey., State of Minnesota: Lots 11 and 12 except that part of said Lots lying. South of centerlineline of Highway 36, E. G. Rogers' Garden Lots, subject to Highway* and has made application to the Board for water supply service to be afforded from the above described premises according the Maplewood public water supply system to to the rates and chargeshar payable therefore by the Owners 90 their successors or P y assigns, to such munici pal1ty or the Board as the same may be established from time to time; and WHEREAS, Maplewood and the Board have made subsisting agreements, by an between th em germane to the extention of water service for the aforesaid purposes, g f rorn said publ is water supply system of said City of Saint Paul, by the Board, to said Cit y of Maplewood and the residents of the same within its corporate limits, and such extension oof water supply service has been and now is the subject of city ordinances germanema. e thereto duly enacted by said city of Maplew000d and said City of Saint Paul, this agreement to be deemed subject to said prior subsisting agree- meets and said ordinances; NOW, THEREFORE, RE in consideration of the mutual covenants herein contained, the parties , for themselves ,their successors and assigns, do hereby mutually agree as follows: and rant to Maplewood and the Board a perpetual 1. The Owners do hereby conve y g water main easement in under through and over and across the following portions of the of oredescribed parcel of land: A 30.00 foot easement for water main purposes over, under and across Lots 11 and 12, except that part of said Lots lying South of centerline of Highway 36, E. G. Rogers y g Garden Lots, subject to Highway, Ramsey County, Minnesota, the centerline of said easement is described as follows: Commencin g at the Northeast corner of said Lot 12; thence on an assumed bearing of West along the North line of said Lot 12, a distance of 20.00 feet to the point of beginning of the centerline to be described; thence South 0 degrees 28 minutes 18 seconds East, a distance of 478.78 feet; thence South 89 degrees to 31 minutes 42 seconds West, a distance of 544.00 feet point hereinafter referred to as "Point A"; thence North 0 degrees 28 minutes 18 seconds West, along a line hereinafterter described as "Line A ", a distance of 344.6 feet and said "Line A" there terminating. Together with a 40.00 foot easement for water main purposes over, under and across the above described Lots. Said easement being 15.00 feet to the left of and 25.00 feet to the right of the following described line: 2- Beginning at the terminus of the above described "Line A" • thence North 89 degrees 31 minutes 42 seconds East, a dis- tance of 544.00 feet and there terminating. Together with a 30.00 foot easement for water main purposes over, under and across the above described Lots, the center- line of said easement is described as follows: Beginninginnin at the point previously described as "Point A"; thence South 0 degrees 28 minutes 18 seconds East, along the Southerly extention of previously described "Line A", a distance of 10.00 feet; thence South 54 degrees 46 minutes 04 seconds West, a distance of 78.81 feet ; thence South 89 degrees 36 minutes 41 seconds West, a distance of 5.00 feet more -or -less, to the West line of said Lot 11 and there terminating. The sidelines of the above described easements are to be prolongeded or shortened to terminate at the sidelines of the adjacent easements* 2. Maplewood and the Board do hereby grant permission to the Owners to construct, water mains necessary for the furnishing of water service maintain, and repair private to the following described real propertyro subject to the terms and conditions con - y J tained herein: pLots11and12exceptthat art of said Lots lying South of centerline of Highway 36 E. G. Rogers' Garden Lots, subject to Highways 30 The Owners shall construct the private water main at their sole cost and approvedexpense, in strict accordance with appro laps and specifications on file with p the Board, under the supervision and to the approval of the Board and within the The private water main tap required to connect the easement described in Section 1. P private water main to the public water main in the street shall be installed at the Owner's expense by the Board. rd. The Owners may elect to have this payment made by his ree to accept responsibility for said payment with contractor. However, the Owners ag P the basis of charge being the amount shown in Appendix "A ", said Appendix "A" being attached hereto and made a part of this agreements All service connections from the 3- private main shall be constructed by the owners at their sole cost and expense,. in strict accord with plans and specifications approved and on file with the Board under the supervision and approval of the Board* 4 All necessary re Pmaintenance airs, operation and/or. replacement of the mains and service connections shall be borne by the owners at their sole cost and n strict accord p Pexpenseiwithplansandspecificationsications approved and on file with Maplewood and the Board and subject to approval by Maplewood and the Board. Maplewood and the Board, at the request of the owners, or i 5. P n case of default by the owners in relation to the construction, reconstruction, maintenance, private mains may enter upon said easement area and repair or operation of said pr , y construct, recon ,struct maintain, revair or operate said private main for the afore- said purposes of the same and all reasonable cost and expense thus incurred by the Board shall be chargeable by the Board to the owners and shall become due and payable upon presentation of an invoiceice therefor• and if such charges are not paid when due, constitute a lien utheyshallbecomeandcons on the real property served. In the event P of nonpayment, ment, the Board reserves the right to deny service. P 6. The Board agrees t o supply1 water service to the real. property described in Section 2 as the same have been or shall be developed for commercial purposes, sub - accordance with applicable rates of charges, rules and regulations as sect to and In acc PP they are or shall be established from time to time by the Board. It is understood and agreed howe ver , that the Board undertakes to supply such water supply only in case the pressure in its mains is sufficient to enable it so to do, and the Board assumes no res onsibility for failure to supply water resulting from acts or assn P conditions beyond its control . s agreed by7, It i and between the parties hereto that this agreement shall be subject to water service rates, rules and regulations germane to the subject of 4- now in force and hereinafter prescribed and promulgated by the this agreement Board or by Maplewood and further that there shall be and hereby is reserved to e right to change, revise, alter, and amend such rates, the Board and to Maplewood th g g rules and regulations as their discretion shall direct to the end that such rates, rules and regulations shall be reasonable* No extension of the private water mains shall be made without the prior Maplewood and the Board. All necessary service connection taps written consent of Map installed b from the private water mains shall be y the Board upon due application therefor on a form s11pplled by the Board and shall be installed by the Board at the cost and expense of the party requesting the same. 9. The Board reserves the right to shut of f the water service when necessary for the. extension, Preplacement, repair or cleaning of the private water main or hereto and the Board shall not be held liable for any apparatus appurtenant t , damage occasioned thereby. u10. This agreement shall be binding upon the Owners, their successors and p it rights and -obligations hereunder- without assigns. The shall not assign the g first obtaining the written consent of the Board, which consent shall not be unreasonably withheld by the Board. In the event that the Owners desire to transfer its title to all or a portion of the premises described in Section 2 hereof, if is expressly understood and agreed that the Owners and the transferees shall enter into an agre by which the transferees shall agree to pay all or a proportionate share of the cost of maintenance nd replacement of the private water mains and c e re P proportionatefurtheragreetoassumealloraroortionate share of the responsibility and maintenance, liability arising out of the operation, main , use and repair of the mains or service pipes. This agreement shall be in form as to be subject to recording with be subjecttheCountyRecorder, the form shall ect to the approval of the Board, and the Board shall be provided with an executed copy of the agreement* 5_ 11. That the owners in consideration of its being supplied water by the Board upon the terms and conditions herein outlined, shall comply strictly with all of the rules and regulations of the Board, and pay or cause to be paid unto the Board therefore according to all applicable rates and charges prescribed and promulgated therefore by the Board now in existence or as may be modified or amended, which are hereby incorporated herein by reference. The Board reserves the right to shut of f the water supply for nonpayment of applicable water charges and it is expressly agreed that such unpaid water charges and costs incurred by the Board pursuant to this agree- ment shall be and constitute a lien upon the real estate served pursuant to this agreement. 12. The owners, their successors and assigns, shall fully indemnify, defend and save harmless., Maplewood and the Board, its officers, agents, employees and servants from all suits, actions, or claims which shall arise from any injuries or damage caused by any break or leak in any service pipe, private main, other main or connection authorized by this agreement, except those arising from the negligence of Maplewood or the Board that may occur from the furnishing of a supply of water by the Board to the Owners, their tenants, successors and assigns or other persons, firms or corporations served and to be served by these private water mains; and further, that the Owners, their successors and assigns, shall save harmless, indemnify and defend Maplewood and the Board against any claim, action or lawsuit brought against Maplewood or the Board, except those arising from negligence of Maplewood or the Board, in connection with or as a result of the furnishing of such supply of water, by Maplewood and the Board, to the owners or other persons, firms or corporations served on said premises by such private water mains or service connections, IMe MINNESOTA VALLEY TA•V , SURVEYORS &ENGINEERS CORP. N 1001 EAST CUFF ROAD 809 NORTHEAST FOURTH STREET BURNSVILLE, MINNESOTA 55337 GRAND RAPIDS, MINNESOTA 55744 . Rls_E PHONE: (612) 890.7750 PHONE: (218) 326 -6528 EASEMENT SKETCH 0 0 AVENUEGERVAlS A .,, W w N (k 111 64 • t S IS cn > t t y tU cI N di N t ZI' Z d 544 .0 C> aD o M - p 6 f 519 4Z" w - s low STATE TRUNK HWY 36 SiLlool RECV-I\t/ t.NTWA. "T Z-Rl X14151"T k I DVVIS104 S 54 4Z st -R$.A. 4 i a: LA I S, BAN N IGAN & C 1 R ES I, P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND C[DAP SAINT PAUL. MINNESOTA 155iO1 March 8, 1982 Mr. Barry Evans City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 RE: Public Improvement Pro j. 78-24 City of Maplewood v. Shane, et al Dear Mr. Evans: E -3 AREA CODE 612 224.9781 Enclosed find a copy of the Commissioner's Report and Award of Damages as to Parcels 2, 3, and 5. As you can see, Parcel 3 was settled during the pendency of the proceedings by ion on the value of damageses e s tab 1 i shed by the City'sg independent fee appraiser, Mr. Winfield A. Mitchell* However, there was controversy over the damages arising of the taking of Parcels 2 and 5 wherein the owners were contending that there were damages far exceeding the City's appraisal. On the controverted matter, Parcel 2, the owners sought $9,000.00 and the City took theP osition that the damages were $3,750900* The Corunissioners Award of Damages was in the amount of $5,000.00. In the other controverted matter, Parcel 5, the owners sought $4,000-00 where the City took the position that damages were zero. The Commissioners Award of Damages was in the amount of $500.000 It must be noted that there was an of f er f rom staf f in the amount of $1,900eHe However, on our research, the City established a position that they had title in an undetermined right-of-ways Apparently the Commissioners sided with the City's position and PP y awarded $500900 for temporary damages and tree damage. It is our understanding that the attorney for the Shane landowner will accept the award of damages , and in addition Mrs. Zahn has contacted our office and will accept the award of commissioners* It is our considered opinion that the City should accept and tender payment of the Commissioner's Award of Damages in these two DONALD L. LAIS JOHN F. BANNIGAN. JR JEROME D. CIRESI PATRICK J KELLY Mr. Barry Evans March 8, 1982 Page Two instances. The amounts in controversy are relatively small as compared to the cost of proving a position. Therefore, if the City agrees, please cause, your check in the amount of $5,500.00 payable to Lads,, Bannigan & Ciresi , P.A. , Trust Account, for disbursement of damages from our account, If any of the owners claim interest on the unpaid amount, we will then advance that and bill the sum back to the City,, Sincerely, LAIS, BANNIGAN & CIRESI, P.A. tellyPatrickJ. PJK /sjh cc: Mr. Donald L. La is 1 t F D STATE OF MINNESOTA ,JAN 29 1988 DISTRICT COURT COUNTY OF RAMSEY L L GOCKOWSK1, CIerV JUDICIAL DISTRICT File No: 453728 CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, a municipal corporation, and by the CITY COUNCIL thereof , Petitioner, vs. JAMES P. SHANE; COUNTY OF RAMSEY; HARVEY E. ZUERCHER and MILDRED J. ZUERCHER; EUGENE F. ARNDT, EMMETT D. DOWDAL, JAMES ISTAS; DENNIS E. ZAHN - ROBIN L. ZAHN , husband and wife, COMMISSIONERS' REPORT AND AWARD OF DAMAGES AS TO PARCELS 2, 3, and 5 Respondents. IN. THE _MATTER OF THE CONDEMNATION - OF CERTAIN . LANDS - WITHIN THE -CITY OF - MAPL RAMSEY COUNTY, - MINNESOTA; FOR "PERMANENT.- JTILZTY EASEMENTS .AND TEMPORARY CONSTRUCTION EASEMENTS FOR PUBLIC IMPROVEMENT PROJECT NO: 78 -24 TO: The Honorable Otis H. Godf rey , Jr. Judge of District-Court Second Judicial District Ramsey- County, Minnesota NOW, THE UNDERSIGNED, Commissioners in the above matter duly appointed by the Court the Honorable Otis H. Godfrey, Jr._, Judge of the-District .Court., on_ the 2nd day of November, 1981, duly extended - to - and - including the -date of this Report and Award, to ascertain -daniages. suffered by the-:owners .of. the _real estate described in the Petition in Condemnation hereto - filed in ' the above entitled proceedings, occasioned by the taking of - said real property interest, and said - Commi-ssi -oners,;.having _qua1if mss.:-. required by the law,, viewed the premises taken; and -havi -heard.- testimony relative thereto, hereby assess and award -the following damages for the taking of real property which is more particularly described in said Petition in Condemnation, which damages include those resulting to any person, company or corporation having or claiming any interest therein. 1- Parcel No. 2 (1241 Beam Avenue, Maplewood, Minnesota) Damages for the taking of a permanent and temporary easement. 1 to the real estate more particularly described in the Petition i.n Condemnation, now on file herein, are assessed in the gross amount of Five Thousand Dollars . ($ -- 5 - '000.00 - ) Damages for the taking are awarded to the following owners: Names Interest Amount James P. Shane fee owner County of Ramsey tax lien holder Parcel No. 3 (City of Maplewood, State of Minnesota) Damages for the taking of a permanent and temporary easement to the real estate more particularly desc irbed in the Petition in Condemnation, now on file herein, are assessed in the gross amount of Two Thousand Six Hundred Dollars , ($ 2,600.00 ) . per Stipulation Agreement) . Damages for the taking are awarded to the following owners: Names Interest Amount Harvey Zuercher and fee owners per stipulation Mildred J. Zuercher, husband and wife County of Ramsey 1" tax lien holder Eugene F. Arndt, Emmett D. Dowdal, James Istas Contract Vendees - - Parcel No. 5 (1166 Beam Avenue, Maplewood, Minnesota) Damages for -the taking of a permanent easement to the real estate more particulary described in the Petition in Condemnation, now on file herein, are assessed in the gross. amount of Five Hundred. . Dollars - - ($ 500,DO • Damages for the taking are awarded to the following owners: Names Interest Amount Dennis E. Zahn and Fee Owners Robin L. Zahn, husband and wife County of Ramsey Tax Lien Holder 2_ Y Ti t We. the undersigned, duly appointed Commissioners, further in the per of our duties hereunder report that we were engaged for 10 days. IN WITNESS WHEREOF we set our hands this 25th day of Januar 1982. 1 Thoma J. Delaney E . Vincent Blake Davis 3- E - MEMORANDUM TO : City Manager FROM: Finance Director RE. Budget Transfer for Lawsuit Settlement DATE March . 9 , 1982 At the February 18th Council meetina, the City Attorney was authorized to negotiate a settlement on the claim of Howard Barkdol 1 for fl oodi nq damages. A settlement has now been reached for which a trwisfer from the contingency account of $2,500 is needed. Authorization is requested to make this transfer. l MEMORANDUM g- TO: City Manager FROM: Director of Community Development SUBJECT: Vacation of Century Avenue DATE: March 4, 1982 Background 1 Council conditionally authorized the vacation of CenturyOnFebruary. 5 , 198 81 near Tanners Lake. A revised resolution was a.pproved on December 4, 1981. Avenue, The substance was not changed. One of the conditions was that the property on ether side of vacated McLean Avenue,(enclosed map) was to be combined to form one parcel before February 5 1982, or conditional approval would become null and void. This • requirement was complied with prior to the deadline. To avoid any possible the satisfaction of the conditions of approval, it is future confusion regarding su 99 ested that a resolution be submitted to Ramsey County stating that the yFebruar 5, 1982 deadline (condition 4) has been complied with. Recommendation Adopt the enclosed resolution and submit it to Ramsey County for recording. Enclosures: - le Property Line Map ~" 2. Resolution of Conditional Vacation 3. Resolution of Vacation i f F t s1 t r y 1 1 1 ft f 1 3M , Donald &Philip Schoch PETITIONER and Council REQUEST Street Vacation Property Line Map U a t Ar I • . f Tob s f LA 1 1 3 Mf •- L+7 sc H 01 1 U-HAUL j dw 1 1iat.I V 15? .— rte r .. —.— .r..1 CL 1 3M , Donald &Philip Schoch PETITIONER and Council REQUEST Street Vacation Property Line Map U a Resolution. for Vacation of Century Avenue WHEREAS, on December 4, 1981, pursuant to the provisions of Minnesota Statues, Section 412.851, thereof, the Maplewood City Council, upon petition of a majority of abutting property owners, and after a public hearing preceded by two (2) weeks published and posted notice, approved the conditional vacation of the following described street that part of Century Avenue lying south of a l i n e 1175 feet north and parallel to the south line of Section 36, Township 29, Range 22 and lying north of the easterly extension of the south l i n e of Lot 1. Block 8, Tanner's Lake Outlots , Section 36, Township 29, Range 22. WHEREAS, a resolution of said conditional approval (Document No. 716800) was recorded oh December 17, 1981 with Ramsey County, and WHEREAS, a requirement of approval was that lots 15 and 16, Brock 5 and the N-1/2 of lots 1 and 2, Block 8, Tanners Lake Outl ots , together with adjacent vacated McLean Avenue, shall be combined to farm, one parcel before February 5, 1982, and WHEREAS, the land combination requirement was complied with prior to February 5,1982. NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to: 1. Retention of a utility easement along the entire right -of -way to serve NSP's transmission lines, described as follows: A. 75 -foot wide strip of land being 37.5 feet on each side of the following described centerline, excluding any land not contained within said right - of -way to be vacated: Commencing at the Southeast corner of Section 36, Township 29, Range 22, thence North along the East line of said Section 36 a distance of 330 feet, thence at a 90 angle to the left for a Distance of 46.8 feet, the actual point of beginning; thence Northerly for a distance of 367.1 feet to a point being 54.4 feet west of the East l i n e of said Section 36; thence continue Northerly for a distance of 477.9 feet to a point being 46:7 feet West of the East line of said Section 36, and there terminating. 2. For purposes of a permanent storm sewer easement, retention of that part of Century Avenue right -of -way lying north of a line 30 feet north of and parallel to the easterly extension of the north line of Lot 1 , Block 8, Tanner's Lake Outlots and south of the easterly extension of the south l i n e of Lot 16, Block 5, Tanner's Lake Outl ots , Section 36, Township 29, Range 22. lwrawwt 'to dw call and mot ice tbersof, , a regular meeting of the City Council of the city of N ap tie+ rood, KIMM so is , was duty c& l 1 *d and he to the Counc i 1 Chambers in said City oo the 19th day of amo r. 1981, at 7 :00 Pon w following mearbsrs were present: Mayor Greavu; Councilperson Juker, Councilmen Anderson, Bastian and Nelson. The following artiobe rs were absent: None. Mayor Greavu introduced the following resolution and moved its adoption: WHERW, pursuant to the provisions of Minnesota Statutes, Section 412.351, thereof , the Maplewood City Counci upon petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing preceded by two ( 2) weeks published and posted notice, proposes the vacation of the following described: that part of Century Avenue lying south of a line 1175 feet north and parallel to the south line of Section 36, Township 29, Range 22 and lying north of the easterly extension of the south line of Lot 1, Block 8, b'anner's Lake Out lots, Section 36, Townshi 29, Range 22 t wit ,& EXTUM fit "SFER RtC:*Lf PROPER AFFECTED 19PROPERTYECT`ED HY THE STREET VACATION L( XJCKENNA Lot 1, Block 8 , Tanner's Lake Out 1 o t s C. 1! wwwsoCt Lot 2 and 16, Block 5, Tanners Lake Out lots , WHEREAS, the Maplewood City Council finds that the vacation of the a ove desc ri e u street is in the interest of the public due to changing land uses and obsolete platting; I)T, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is vacated and the City Clerk is hereby directed to prepare a notice of complet ion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer recrods and the same shall be thereof ter filed vi th the Raasey County Recorder,. subject to: 1. Refitent ion of a utility. easement along the entire right of way to serve NSP's transmission lines, described as follows: A 75 foot wide strip of land being 37.5 feet on each side of the following described centerline, excluding any land not contained within said right of way to vacated: Commencing at the Southeast corner of Section 36, Township 29, Range 22 thence north along the East tine of said Section 36 a distance of 330 feet, thence at a 90 degree angle to the left for a distance of 46.8 feet, the actual point of beginninE; thence Northerly for a distance of 367.1 feet to a point being 54.4 vest of the East line of said Section 36; thence continue Northerly for a distance of 477.9 feet to a oint being 46.7 feetP8 West of the East line of said Section 36, and there terminating. 2. For purposes of a permanent storm sewer easemen of Century Avenue right of way lying north of a parallel to the easterly extension of the north Tannsr's Lake Outlots and south of the easterly line of Lot 16 , Block 5, Tanner's Lake out lots , Range 22. t, retention of that part line 30 feet north of and line of Lot; 1, Block S. extension of the south Section 36; Township 29, 3. This instrument shall not become effective until the day of simultaneous closings to the same buyer of (a) the north one -half (N ) of Lots One t) W 1 t N CUTIFICATE NUMBER PAGE - SIANO Clk 5 u 'Y C f ;0-%* *s Y O}Fit;E (.F M0. #- >;%- f; Art 4 TITLES TOO t the was tryt In t%6 04 M m. 00 t. Ell ,f IN E IL . k•4•t' K ""1 1:'K t.ty ASSURANCE FUND two UWNMS CWMA pol- dew z Is COUNYY fEc rirt ". - is : '^ MINN I A i MEMORANDUM TO: City Manager FROM Director of Community Development SUBJECT: HRA Appointments DATE: March 10, 1982 The Housing and Redevelopment (HRA) has completed its interviews, for the appointment of two new members. Commissioners Juker and Morris have resigned, creating the vacancies. On March 9, 1982, the HRA unanimously recommended that the Council appoint Gregory Schmi t and Ronald Smith to fill the two vacancies on the HRA. Copies of their applications are enclosed. Appointments are to be for one year and five years. No action was taken as to which appointee would serve the longer term. The shorter term is to fill out the remainder of Commissioner Juker's five year term. Commissioner Morris' term has expired. Recommendation Appoint Gregory Schmi t and Ronald Smith to the HRA, effective March, 1982. Enclosures: Two Applications This application will be reviewed b theY Commissioners and recommendations will beforvardedtotheCityCouncil. Thank you for your interest in our work. Pleasereturnthisapplicationto: Housing & Redevelopment Authority City of Maplewood 1902 E, Coun tY Road B Maplewood, Minnesota 55109 Nary t—r o, r A ..lam ,.f ,•-, . 'r- PHONE: Wome 7 3 annREss ZJ r 9 41 ZIPSS 9 (Work 770 AGE 3C> NUMBER OF YEARS RESIDENT OF I4A.pLEW00D ,3 EDUCATION Y.Ooex PRESENT OCCUPATION AND EMPLOYER PREVIOUS JOB EXPERIir"I. VC'E AND EMPLOYERS (List last three rs r r3 v remit' r Tv 4A1 r le - e - wool x •N, Ag r OpAvce C 4Ac7,ez;L77c)WX ORGANIZATIONS (Professional, civic, church, school etc, or esp8s' present, and anyofficesheldin .same ) AW Sr If / /C.'ew Z&' Alo COQ .oE' V C t ' •e.. e6 G'C a..v C G WHY I WOULD LIKE TO BE A MEMBER R OP THE H.R.A. (Please use the back of form foradditionalspaceasneededforyourstatement - and /or other commentstomake.) Y is you care wove To E 7 o A 4.0v 70P In submitting this appli for membership o the Ma lewPp ood Housing andRedevelopmentAuthority, I hereby state MW commitment to its alsdedicatethereuiretimeand " 8o s and further,, .9 capabilities to fulfill these goal .s, it selected, ZA DATE iT'UAE of APPLICANT - kk 7 This application will be reviewed b thee Commi s s i on a rs and recommendations Sri 11 beforwardedtotheCityCouncil. Thank you for our interestt in our work. Pleasereturnthisapplicationto: Housing & Redevelopment Authorityy City of Maplewood 1902 E. County Road B Maplewood, Minnesota 5510 NAME Ronald A. Smith 778 -9474 PHONE: (EFOme ADDRESS1708 Menemy Road 55117 ZIP (Work 224 -577 AG ... 3 n _ NUMBER OF YEARS RESIDENT •OF ilAPLt00D Ten yea previous address 1 9 rank treeEDUCATIONNorthSt. Paul Senior High Schoo I Undergraduate study: University of Minnesota Morris, uni Ted t o i ca 1 Seminary, Northwestern Bible Co I I ege PRESENT OCCUPATION AND EMPLOYER D i r e c t o r o f H o u s i n g t. P a u I U r b a n L e a9 g u e PREVIOUS JOB EXPERIENCE AND EMPLOYERS TAst last three) Housing St. Paul Urban League Coordinator District Eight P l a n n i n g Council Community Organizer Model Neighborhood P I ann i ng Counc i t ORGANIZATIONS (Professional, civic, church school, , e t c. , Pastor present, and anyofficesheldinsame) Pastor:Open Door Fellowship Church Cha i rman: Northern States Power Consumer Advisory 'Panel Chairman : New Beginning Center Chairman: N.A.A.C.P. Housing Committee Members# -i ps : _MN. vo I u n tee r Sery i ce s P I a n n i ng Comm] ttee , Low . ncome o u s i -ng - F-mpraenclaakEnrre_ tor Coalition and other housing groups WHY I WOULD LIKE TO BE A MEMBER OF THE H. R. A. "Please use the back of form foradditionalspaceasneededforyourstatementoand / to mak e. ) r any other comments you care Own i ng one's home rema i ns a h i gh I sou ht after oaY9g t -w1 th i n our soc i ety. Today, - because of rapidly rising cost, only- 1 out of 4 * househ olds can afford to_ p.urcha se - a - new home. We a i know - how economic - cond i -b ons have affected the housing market. The total number of - •housingsng ,permits issued In submitting this application for membership • Authority, P o the Maplewood Aous ing andRedevelopmentrity, I hereby state nor commitment to. its owls anddedicatethe ' require time and capabilities- 8 further, P to t'ulfill these goals, 1f selected. T)AW - -S T C;N T1 tR a 3 T .T r A iTT iin the first six months of 1981 , In the Metropo I i t i an Area was down by 39 percent compared to the same Der i od i n 1 980. The r e s i d e n t i a l co nstructior that has cheifly occurred is expensive single famil and market9Y rate apartment and condominium units unaffordable to tow and moderate income househo I ds. Last year for example the average price .of a new home was between $67,000.00 and $85,000.00. Some would to l I us that this kind of construction is enough. The would9y say the "tr i ck 1 e down" of un i is w i-1 I p r-ov i de su f f i c i ent hous i n g lower i ncome hous i ng. I persona l I y reject that not i on . e delude ourselves if we think for one moment that the- deve I o ment ofp high c o-s t hous -t n-9...- will solve the problem of low income households. For this reason and a _great many more I am extream l interested i n servingYing as a member of the Maplewood Housing and Redevelopment Author i t Y F MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Preliminary Plat LOCATION: 2830 Kel 1 er Parkway APPLICANT: Richard J. Anderson OWNERS: Richard J. Anderson and Frank Frattal one PROJECT: Gerva i s Overlook DATE: December 29, 1981 SUMMARY OF THE PROPOSAL r Approval of a preliminary plat for twenty detached single-dwelling homes CONCLUSION Analysis Several neighboring property owners have expressed concern that development of this site will intensify local water problems On the contrary, local flooding and drainage concerns are being addressed by the provision of an on -site storm water retention pond. This pond will also serve as an integral part of the County Ditch seven improvement project, scheduled for construction in the summer of 1982. The property owner to the north, Sanford Brink, is concerned that the proposed development would eliminate the future development of the southern portion of his property. (See Map two.) Little Canada reviewed the issue on December 9, 1981. Their response (enclosed letter) was that Mr. Brink would have to pay any costs that would accrue to Little Canada to develop an access feasibility study. To date, Mr. Brink has not contacted Little Canada to initiate such a study. Staff is opposed to creating a border street, requiring cooperative construction, maintenance and billing agreements, between the two . to provide Mr. Brink the opportunity to create only four lots. Since so few potential lots are involved, and it is in the public good to avoid the creation of border streets wherever possible, the issue should be settled between the two land owners. The appl i cant has offered to purchase the 500 by 150 foot parcel. Mr. Brink was not interested. The applicant has also offered to allow for a north -south street access to this property. In so doing, the applicant would lose one lot and add 180 feet of nonbenef i ti ng street and utility improvements to *hi s plat. Mr. Brink's response was to compensate the applicant for only the loss of one lot, expecting the applicant to extend the improvements at his own expense. The applicant declined the compensation proposal* Furthermore, Pp compliedrthermoretheapplicanticanthas with Staff's request to extend proposed Beam Avenue to provide access to the landlocked parcel abutting to the east. Recommendation I . Approval of the preliminary plat, subject to complying with the following conditions before final plat approval: 1. Remedial soils measures, based upon soil boring data and analysis, shall be submitted to the City Building Official for approval . These measures must provide that the lots proposed in areas wii th unstable soils can meet building code requirements. 20 Council awarding a construction contract for the extension of sanitary sewer to the site. 3. Final grading, drainage, and utility plans shall be approved by the Director of Public Works. These plans shall include, but not be limited to, the provision for all drainage to be directed to the interior of the plat. 4. Jhe City of Little Canada ordering the extension of water to the site. 5. A signed developer's agreement, with the required surety, is submitted to the Director of Public Works for public improvements, including a temporary cul -de -sac for proposed Beam Avenue, 6. Dedication of 30 foot wide storm sewer easements, centered on the following lot lines: a. the north line of lot fourteen b. the south l i n e of lot eight, and c. the northeast l i n e of lot six. 7. Submission of an erosion control plan, before building permits are issued, which considers the recommendations of the Soil Conservation Service. 8. Payment of deferred water assessments. 9. The name "Block 2" is to be placed on the lots located south of propose -d Beam Avenue. 10. Correction of the map scale reference. 1:200 is not correct. II. Council ordering a feasibility study for the extension of sanitary sewer to the applicant's property. The applicant shall pay for this study. BACKGROUND Site Description 10 Gross acreage: 8.56 2. Net acreage: 6.74 3. Existing land use: single-dwelling home 4. The site consists of six platted lots. SurroundingLand Uses Northerly: sin l e -dwel l i n homes on larger lots in Little Canada. This land g 9 is zoned and planned for single-dwelling residential. Easterly: a fourteen acre landlocked, undeveloped parcel* c outherly : undeveloped rear portions of a large, irregularly shaped single- family lots fronting on Keller Parkway and the proposed Ramsey County Ditch seven pond area. Westerly. three single -single-family lots two of which are developed, and Arcadey Street. Across Arcade Street are single-dwelling homes and Gervai s Lake, all in Little Canada. Past Actions The Planningn Commission considered a lot division proposalDecember1, 1980• . g ed and which would have created three parcels without frontage to a dedi cat maintained public street. (. See Ma pt Four) Denial was recommended on the basis that: 1. There appear to be othe r options available for better development of this area. 2. The proposal is not consistent with the spirit and intent of the ordinance. 3. Once the driveway would be developed, it would be difficult to upgrade it to a City 't street with City sewer and water and assess this upgrading. 4. A hardshipi has not been demonstrated to exist which is unique to this property. proposalTheapplicantwithdrewtheroosal to City Council consideration. DEPARTMENT CONSIDERATIONS Pl anni n 1. Land Use Plan designation: RL, Residential Lower Density. 2. Zoning. R 1, • Residence District (single - dwelling) 3 3. Proposed density: 12.2 persons /net acre 40 Permitted density,: 14 persons /net acre 5. Compliance with Land Use Laws: a . Section 1006 (c) of the Platting Code states that.: Before any preliminary plan is approved by the City Council under this chapter, the information furnished with said plan must show con- clusively that the area proposed to be subdivided is drai nabl a and that the land is of such nature as to make its intended use practical and feasible. If these features are not apparent, the owner shall be required to enter into an agreement guaranteeing that all adverse e will be accomplishedconditionswillbecorrectedandthatdrainag inP a satisfactory manner. The final decision in this matter shall be Council actin upon the advice and recommendati on of i ismadebytheCityCougp engineer and other authorized representative*" b. The lat is consistent with the DNR shorel and development gui del i nesP adopted by the Council on October 15, 19810 Pc.The plat is consistent with City Platting requirements. Pub Works 1. Sanitary sewer and water main are not ad jacent to the proposed plat, Extension off the Maplewood sanitary sewer system from Kohlman Lane and Keller Parkway is required. Extension of the Little Canada water system is required. 2. Storm drainage facilities must be provided with the plat. The pond on this site will serve a dual function: a. storm water control for the plat, and b. sedimentation control for County Ditch seven storm water, prior to discharge proposedcharetothe Ramsey County Open Space land located to the P southeast of the plat. These improvemeimprovements would prevent flooding and protect water quality. (See Other Agencies - Ramsey Coun ty Public Works for County Ditch seven information.) and analysiss will identify remedial measures for building sites. 3. Soil borings Y - This includes such items as high water table or insufficient bearing capacity. to the City's Transportation Plan Keller Parkway is adequate for 4. According the current traffic. The proposed plat will have little impac t o n the traffic situation. Financial assessment (project #75 -16) must be paid prior. the approval A deferred water as _ of the final plat. 4 other.Agencies 1. The Soil Conservation Service: Development of the Hayden - Kingsley soil area located at the plat's eastern sedimentationedge (See Map Seven) could result i n erosion and resultant t of the wetland east of the proposed plat area. Sedimentation of this wetland would in affect reduce its flood storage capacity which in turn will affect the hydrologyogy of Gervai s Lake. The . Hayden - Kingsley soils forming a ridge o approximately twenty feet in height, are subject to side slope seepage. They are otherwise suitable for development. Fourteen lots are proposed for development on Seeleyville muck, which presents severe limitations to development. This soil is unstable to foundations and streets and the water table is near the surface. If development does occur, all organic soil should be removed, replaced with suitable fill sufficient to rai the soil level above the water table, and allowed to settle' construction beings . Subsurface drainage will be moving toward Gervai s Lake and will need to be given particular attention. Homes th basements are not recommended. For on -site erosion control, the following procedures are recommended: a. Grading be done during the dry season. b. A filter blanket and sediment dike be established adjacent to the on site wetland. C The existing wetland to the southeast should be cut off from Gervai s Lake landlockin g site drainage. Some form of temporary basin may need to. be constructed to temporarily detain site waters. d. Gradingng of the knoll at the site's east side should progress from west to east to maintain a vegetative strip between the on -site wetland and the grading at all times. e. If fill is to be removed from the site, a gravel roadway should be installed to minimize transportation of soils onto roadways. pf.All exposed soils should be stabilized as soon as possible by vegetative measures. 2. Ramsey - Washington Metro Watershed District: a. A District permit for development of the plat is required. b. Relative to Gervai s Lake, the storm water holding capacity of the drainage P and required on this site is insignificant. The basin's principal function should be as a sedimentation basin. 3, Ramsey County Public Works: Considerable work i s being done to minimize the impacts;- of storm water a. Consi 9 runoff entering the Kohlman- Gervai s- Keller -Phal en chain of lakes. It 5 is extremel y important the developer consider des.i gns which do not in x crease the rate of runoff and nutrient loading from the given area. b Improvements to County Ditch seven are proposed for the summer of 1982. lonTheprojectwillconsistofpipingstormwatersouthalong the west side of Arcade Street then to a sedimentation pond on the applicant's site - dischae to the wetland to the southeast of the plat. (Map Fpriortog , An overflow for direct discharge. to Gervai s Lake would be provided to protect the applicant's site from flooding in the event of a. large storm. 4. Ramsey County Open Space: Ramsey County will initiate condemnation proceedings in the near future for the wetland area to the southeast of the plat. (Map Five) County juris- diction of this area must be gained before the County Ditch seven project can proceed. Ci tizen Comments Of thirteen propertyert owners surveyed, eight responded. Seven are opposed. Brink the abutting property owner to the north, requested that the Sanford 9 P appl redesign pedesintheplat to align proposed Beam Avenue with the Little boundary. Little Canada was notified of this request.Canada/Maplewood was that f he Canada's response letter to Mr. Brink, (letter encLitt1aCanap d to the issue he would have to pay the cost of the necessarywishePursueLittleCanadatoinitiate the studies. To date, Mr. Brink has not contacted Lit required study(s). Comments from gtheeight persons opposed to the development, brought up the following issues: 1. The unsuitability of a wetland for development. prop polluting2. Erosion and runoff from the prop y, p 9 the wetlands and the lake. 3. Affects on an existing 9h water table in the area, with regard to on -site sanitary facilities* 4. Affect on the existing Keller Parkway traffic problems. f eliminatingnatin the wetland on the storm water entering the 5. The effect o g chain of lakes, in terms of flooding and cost of storm w ater treatment through the St. Paul system. 6. Whether the developmentment will cause a need for storm sewers in the area, to be paid for by adjacent property owners. Z. g7Theaffectonneighborhood character, of twenty lots smaller than the pres -ent norm. a Enclosures Brink 12 -17 -81 Map 8 . Letter from Little Canada to Sanford 1. Locati on 2, Property Line Map 3. Preliminary Plat Map 4. The applicant's November 1980 Lot division Proposal 50 County Ditch Seven Drainage and Open Space 6 PExc from the Maplewood Drainage Pl 7. SCS Soils Map _ 6 19 VADNAIS HEIGHT S fit Q z:. . 0 0 J t J EAU AVE 22 V Koh !m o n Gervol Lake Lake KONLMAN AVE o 23 Z J -Q TY ROAD J W W d J Z z J 22 6 A M VIKrulJ 25 4A !lURKE 6A to h t E A BELMONT L 58 H .SKILLMAN W ll 2 c .=JCOUNTY R C ELELAN 25 ZoJUNTIONAVE. fURKEoc II A'T t+- ELDRIDG j pN BELMO S so MAS F 1 1 MAP 1 LOCATION MAP I A?* j i tlot AD NOT A SEPARATE PARCEL r. PL i C So 160 SO ism , O Ti _ -- o c - , vp opr PROPOSED RAMSEY COUNTY DITCH #7 PONDING AREA AND OPEN SPACE lu • c 6t eel mamw MAP 2 PROPERTY LINE MAP Parcel for ilihich street'access is desired b Sanford Brink Q LITTLE CAN Iowa TTT cl, MAPLEWOOD..., 690 47i nn • a, 4v 2 le, 3 .J 00/ 12-1, rvA c 4 6 4v I: N e" 6 ZS c PIOLC lz- ti I . r eye SO i C So 160 SO ism , O Ti _ -- o c - , vp opr PROPOSED RAMSEY COUNTY DITCH #7 PONDING AREA AND OPEN SPACE lu • c 6t eel mamw MAP 2 PROPERTY LINE MAP Parcel for ilihich street'access is desired b Sanford Brink Q LITTLE CAN Iowa TTT cl, MAPLEWOOD..., 690 47i nn • a, 4v 2 le, 3 .J 00/ 12-1, rvA c 4 6 4v I: N PARCEL 2 - CD r CID cy OD jjO VE-N u ln .o 350 o goo .e '/ I o3}p vo0 M 12 W11 ,o, 10 °. U JO PARCEL 1 2 joo Q / , Of eo , ASO z Af D MAP 3 PRELIMINARY PLAT 4 N xoL c. t _ qL La n o o Lj L LITTLE : - ANADA y - e f.. - _ .. .. ........ r :::::::; •. I_ - _ f* rD 14 r Z - :- .: :•::: zoo =,•• -' •:.::;::: - - Potentially landlocked l D r tit r ... • 5 t-: - : 5 :- +; - = _ ... •:: ' -: ti ::+:` =: :: s 0 : ••- _:tiff =::v:. ti•::•::; - .•:::: • f :: .:: . - _,':;;.- - ; c • o U n t DitchCpl 7 imss::::::• =:;ti:: :. Pro o s e d County # f:- %- `.-::;t;::,-- Pond ' n g Area Ramsey County A L 2 2 _ . tiff . ~ti:. : ; }y..ti : •: ; art -+ • 'L v GE R VA I S ,o # LAKE - , ° , ,.,1 awduc 160 NI iE O o f t . S 3' , ' Ail 12 j r • . . . f A. MAP 4 THE APPLICANT'SANT'S NOVEMBER 1980 PROPOSAL 4 N ARNOW e4b ice ~ / / - - , 6 9 Od' X N-1 OMN CPM44 1 emm) fifao c g4tjp*D nib 'I r. Vr- 4X*N&4T 2-PK o mr4i Plq&p&*0 P,71-5- x lk MAP 5 COUNTY DITCH SEVEN,DRAINAGt AND OPEN SPACE PROPOSAL n N DRAINAGE PLAN KOHLMAN LAKE MAJOR WATERSHED DIVIDE INTERIOR WATERSHED DIVIDES - - 4 2PROPOSEDSTORMSEWER ow owEXISTINGSTORMSEWER - - - - -- OPEN CHANNEL •mo STORM WATER STORAGE AREA INUNDATION. AREA STORAGE AREA VOLUME DISCHARGE IN CFS CITY LIMITS . ................. r es • 0 400 Boo 1200 SCALE IN FEE' 000:::0: .0.0. a 00 0 0 0 060 0 000.** as4 " 0.10 *see 0.0 000.0 00 a 0* 0 00 0 0 : 000-0 I I 0 MAP 6. EXCERPT FROM MAPLEWOOD DRAINAGE PLAN 0 I i T g as 85 L1J o / jjj GOD tL .!/ - . C%j 0 OD cc 85 5 cs IX O 0 cam) 12 o 0 / 1i0 Q 100 8 ° 100 cc 1 0 + Q 1/4 , - 80 0 ilA 8 GO/ V ) I - , 170 _ 1 i O soA j , r . 2d Wc i 6 - MAP 7 EXCERPT FROM SCS' S SOILS REPORT 4 N a NORTHWEST ASSOCIATED CONSULTANTS INC.00ef December 17 , 1981 Mr. Sanford Brink 2926 LaBore Road Li ttl a Canada, Minnesota 55109 Dear Mr. Brink: The City of Maplewood has recently asked the Little Canada City Council to comment on a rel i mi nar plat which has been proposed by Mr. Richard' Anderson.P Y Since the ro erty in question abuts the south side of your property locatedPP on LaBore Road, it is understandable that you would be concerned with its development. The City Council has directed our office, as the City's planning consultants, to inform Y ou that they are willing to review alternative roadway schemes for the area in question, but feel it would be i nappropri ate to spend City tax dollars to resolve one roperty owner's concerns. Past policy has been thatP potential beneficiaries of such City action should be responsi.bl e for the costs of the Y necessary istudy. Based upon this policy, you are advised that if you are iInterested n having the City study this issue, a request to the City Council is required on your part. Please contact Joe Chl ebeck at City Hall (484 -2177) if you wish to be placed on some future Council meeting agenda. If you have any questions regarding this matter, feel free to contact our office (925 -9420) at any time. Sincerely, NO THWEST ASSOCIATED CONSULTANTS, INC. Bradley .• Nielsen Senior Planner BJNInd cc: Little Canada City Council Joe Chl ebeck Cl a to Parks and Johnson - Maplewood 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925 -9420 5. Staff take into account the need for a pondi ng area on the applicant's property if and when a request for lot subdivision is made.P y Commissioner Prew seconded Ayes - Commissioners Axdahl, Barrett, El l efson, Fischer, He jny, Howard, Ki shel , Pel l i sh, Prew, S1 etten, Whitcomb B. Preliminary Plat - Gervai s Overlook Secretary Olson applicantsaidthe is requesting a prel i mi nary plat for twenty single-dwelling homes. Staff is recommending approval as outlined in their report. Richard Anderson, 2830 Keller Parkway, said he did talk to the City of Little Canada regarding extension of City water into the property. The sewer is adequate to be extended. to. service the property. The Commission discussed the location of the Maplewood water lines in the area. The applicant commented on the types of soils within his plat. He said some soil borings had been done on the property. Commissioner Ki shel -moved the Planning Commission recommend approval of the preliminary plat for Gervais Overlook subject to: 1 Remedial soils measures, based upon soil boring data and analysis, shall be submitted to the City Building Official for approval. These measures must provide that the lots proposed in areas with unstable soils can meet building code requirements. 20 Council order a feasibility study for the extension of sanitary sewer to the applicant'scant's p p y applicantroertThe shall pay for this study. Council awarding a construction contract for the extension ofsanitary sewer to the site. 3. Final grading, drainage, and utility plans shall be approved by the Director f Public Works., These plansans shal 1 include but not be limitedecfor to, the provision for all drainage to be directed to the interior of the plat. 4. The City of Little Canada ordering the extension of water to the site. 5. A signed pddevelo er' s agreement, with the required surety, is submitted to the Director of Public Works for public improvements, including. a temporary cul-de-sac for proposed Beam Avenue.P y 5. Dedication of 30 foot wide storm sewer easements, centered on the following lot lines: a. the north l i n e of lot fourteen 3 (Za) b. the south l i n e of lot eight, and c. The northeast line of lot six. 7. Submission of an erosion control pl an, , before building are issued,which considers the recommendations of the Soil Conservation Service, 8. Payment of deferred water assessments. 9. The name "Block 2" is to be placed on the lots located south of ro osed Beam Avenue. P P 10. Correction of the map scale reference. 1:200 is not correct. Commissioner Hejny seconded Ayes - Commissioners Axdahl Barrett E1 lefson, Fischer, Hejny, Howard, Ki shel , Pel l ish, Prew, Sletten Whitcomb C. Annual Report The Commission requested the annual report be forwarded to the City Council for consideration, D. Rules of Procedure The Planning Commission reviewed the Rules of Procedure, sug variances changes and asked staff revise the Rules and forward copies to the Commission. Commissioner Fischer moved the Planning Commission adopt the revised Rules of Procedure Commissioner Whitcomb seconded Ayes - Commissioners Axdahl , Barrett, El l efson, Fischer, Hejny, Howard, Ki shel , Pel l i sh, Prew, Sletten, Whitcomb E. Met Council Review of Plan Update The Commission reviewed the comments made by the Metropolitan Council on the Maplewood Plan Update . The Commission suggested a statement be prepared to give to the Physical Development Committee regarding their comments. 94, OLD BUSINESS 10. COMMISSION PRESENTATIONS A. Council Agenda 110 STAFF PRESENTATIONS 12. ADJOURNMENT Meeting adjourned at 9:25 P . M, 4 _A_Q AVOW 4 M E M O R A N D U M TO FROM: SUBJECT: LOCATION: APPLICANT /OWNER: DATE City Manager Director of Community Development Variances and Lot Division 2830 Keller Parkway Richard Anderson November. 26, 1980 Request Approval of two variances to allow the creation of three lots, which would not have frontage on a dedicated public street. Site Description Location: See enclosed maps Lot Size: An irregular shaped, 7.37 acre parcel Existing Land Use: A single family dwelling and accessory structures. The only access to the site is through a 60 X 150 foot corridor with frontage on Arcade Street. A 750 foot 1 ong L rt driveway serves the existing home. Proposal Create three separate lots accessed by a private driveway. Two homes, in addition to the existing dwelling, would be constructed. (See encl osed Property Line Map) Surrounding Land Uses North: Large l single fami residences located in the City of Little Canada, zoned and planned for single family residential East: A 14 acre land locked undeveloped parcel. Southerly: Undeveloped rear portions of large irregularly shaped single fami lots f rointi ng on Keller Parkway. Westerly: Eight single fmai ly lots, six of which are developed, --bisected _ by the subject property's frontage corridor to Keller Parkway (see Property Line Map) . Past Actions 1. October 20, 1977: a.- Board of Appeals and Adjustments indefinitely tabled a request. by Mark Kocourek Burr Avenue and Effingham Street) to develop a lot without = - frontage on a. dedicated public street and directed staff to investigate other alternatives b. Council ordered a feasibility for the possible construction of Effingham Street between Burr Street and Bradley Street. 2 . November 10, 1977: A preliminary f e a s i b i l i ty study, was presented to Council in- dicating that the constructi on of Effingham would be post - prohibitive. Council moved to refund $810.00 of a sanitary sewer deferred assessment paid by the Applicant. 3. 1- 26 -78: Council approved a lot area variance, but denied two s=treet access viari ances as requested by Mr. Richard Novak (Carey Heights -Drive) , based on the following 1 The street access variances do not meet the "spirit and intent" of the ordinance. 2. A. precedent would be set for similar lots in other areas of the City. 3. There may be times of the year when emergency services could not gain access to the property. 4. There is no hardship that is "unique to the individual property under consideration". 4. 5 -1 -80: Council conditionally approved a request by Keith Libby to subdivide and develop a parcel west o -' Carver Lake which does not have access to dedicated a public street, based upon: 1. There has been a hardship caused the applicant, because the acquisition of the abutting land to the south by Ramsey County Open Space, has substantially reduced the feasibility of developing a public street into the applicant's property; . 2. The spirit and intent of the ordinance will be ' met if the applicant provides a paved driveway along the existing right-of-way and agrees to maintain it. Approval was conditioned as follows: 1. The applicant shall install a paved driveway on the existing right -of -way to the specifications of the City Engineer. 2. The applicant shall sign an agreement to maintain the drive to the City stand- ards, including snow plowing. This agreement shall be recorded to run with the property. If applicant does not maintain the drive, he shall be assessed if City forces are used. If the drive is expanded to a City Street the appli- cant forgoes any previous agreement. 3. Construction of any a d d i t i o n a l . homes on this property must meet current requirements for platting. Planning 1. Land Use Designation: RL- Residential Low Density 2. Zoni ng : R -1 , Single Family Residential 3. Code Considerations: a. Section 1005.010(5) of the City Platting Code states that all lots shall abut on a publicly dedicated street. 2 b. Section 501.020 of the City Zoning Code states that, "No building permits w i l l be issued for any construction within the Village unless the building site is located adjacent to an existing street which is dedicated and maintained as a Village street, or unless provision for street construction has been made in full compliance with this Code and in no case until grading work as provided herein has been completed and certified to the clerk by the Village Engineer; except that in isolated instances the Council may enter an agreement with a property owner for special hndl i ng of an unusual situation Uhi ch agreement shall be recorded so as to run with the land affected". C,' Section 912.040 states that, "No building shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space at least as wide as the dwel'1 i ng and on the same 1 ot" . 4. Statutory Considerations: Section 462.357, Subdivision 6 (2) of the Minnesota State Statutes states that the Board of Appeals and Adjustments has the power to "hear requests, for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will -be in keeping with the spirit and intent of the ordinance". 5. Effect on Adjacent Properties: If the County purchases the proposed County Ditch #7 pondi ng area property (Item 6- Public Works) , the property to the east may become land locked unless access can be gained through the Appl i _cant' property. Some questi exi as - to whether or not the property to the east is developable. Public Works 1. No City water is available. 2. Little Canada maintains sanitary sewer in Arcade Street. 3. The Drainage Plan calls fora 3 acre foot pond in the south portion of proposed Lot 3 (see Excerpt of Drainage Plan) 4. Development of on -site septic f a c i l i t i e s may be a problem, due to high water table. 5. A deferred water assessment (Project X75 -16) is to be .paid prior to approval of a lot split. 6. on June 19, 1978 , . Ramsey County approved the acquisition of County Ditch #7 Pondi ng Area, as illustrated on the enclosed property line map. Public "4afety If al Towed to build on a private drive, deliver of emergency servi des is complicated by: I. address confusion _- 2. dirt' road surface subject to wash out and soft spots 3. no scheduled snow removal 4. no fire hydrant availability 3 Citizen Comment Staff surveyed the thirteen land owners with property within 150 feet of the Applicant's. Four responses were received. Three respondants (2776, 2786, and 2800 Keller Parkway) objected, on the basis that: a. A financial hardship to pay for sewer by my property to serve the Applicant b. Ramsey County would l i k e to buy some of my property for open space and the Applicant's project could affect this deal , because his property is also involved in the Ramsey County plans c. We already have drainage problems created by the "private driveway". When drainage to the lake occurs it carries heavy loads of sediment. Additional construction and increased drainage w i l l compound an existing problem. Further, what guarantee provides against further subdivision of the Lots 2 and 3 once the variance for the private driveway has been granted ?" d. "No sewer, more lake pollution because have a drainage problem from the upper already cut down a significant hill fo cliff right on my property line. This Is this legal - is there a code on the property ?" of low area and p for d r a i n a g e . We now levels down to the lake. He has r f i l l for his road and left a 20 foot bank is now eroding each time it rains. pitch of a bank next to someone el-se's Ana lysi s Approval of the requested ' vari ances would be inconsistent with the spirit and -intent of the Zoning Code. The intent of the Ordinance is to assure public access to each home in the City. Without a public street, there may be times when emergency public safety services could not be provided, such as police, fire, and ambulance, due to a lack of snow plowing, an unstable road surface, or a parked vehicle which blocks the access. Situations of this type could open the City up to potential law suits Secondly, there is no justification for a "circumstance unique to the individual property under consideration." To satisfy this requirement, a hardship must be proven to exist which is not self imposed and which runs with the land. The applicant's justification is based upon personal economic needs and as such is not sufficient justification for approval of a variance. A precedent for denial of the applicant's request was established by the Novak case in 1978. In both cases, opportunity exists for additional development if the variances were to be approved. Secondly, a hardship unique to the subject property, was /has not been established, Recently, , Council approved access variances for Keith Libby. However, the Libby case is to - be differentiated from both the Novak and the present applicant's requests. A hardship was established which ran with the land and =bras not self imposed. Secondly, no potential existed for future development of;- the Libby property. In the opinion of Staff, approval of the *applicant's request would not be consistent with past Council action. As a result, the Council may obligate itself to approve similar requests in the future and, in effect, lower its development standards. 4 0 Further, development of the subject property should not be allowed until a ublp is street is provided. Consideration should also be given to leaving options openforaccessngtheytoertroppheeast . in the event the property i s determined. tobedevelopable. i - Recommendation Denial of the two public street access related variances on the ba •f - s tha t . 1. The proposal is not consistent with the spiritrit intentpand ent of the ordnance. 2. Once the driveway would be developed, i t would be di ffi.p cult to upgrade ttoaCityStreetwithsewerandwaterandassessthisupgrading,9 3. A hardship has not been demonstrated to exist which is unique to the proper9 Enclosed: 1, Location Map 2. Property Line Map 3. Excerpt from the Drainage Plan 4. Applicant's letter of justification, dated 11 -10 -80 5 VADNAIS HEIGHTS 61 Q (`: L) o 4 J 0 EAM : mow'• ) AVE.60 it NN E Gervol. Loke op BURKE] Al E A BELMON KILLMAN ll V) KOHLMAN AVE. ROAD 61 cou Ift I L E L A N o - j JU AVE. u r 4 AN VE t--s a ELDRIDG B E L ft - 0*1 M IBKILLWA RICHARD ANDERSON PETITIONER V LOT DIVISION/VARIANCE REQUEST Coll Koh lmon Q 23 LOCATION MAP 4 f f i L 1 i LITTLE tA NA DA 0 Z a ;;:: tiff; ;.::ti- :v: :.• ; :;:;:;:ti ti•. .. . o f.... t _.. CD 1 Zoo 3 _ ::;ir;;: •:::•:: -: Potentially i . •': • . •'••landlocked1 / X r': r 1 •: := r MwAFL tiff :ti::::fi::;:= .ti ?S'::•:•:::;O ,: , .•;ale; t;:::.;;1' .. .ti ....v::'::.. j c i:: :- :•::•:•: ' .:off :. ::•: :: : %• f::: '.r .; •.• Proposed Coun #7 r• Pond'ng Area Ramsey County4LI D SE'eG D 2G r GERVAIS LAKE olri j SA 1 E 2d of w y Il S ' N 3 r _ D h O 160 Ao f ' RICiiARO ANDERSON PETITIONER i LOT DIVISION /VARIANCE REQUEST PROPERTY LINE MAP APPLICANT'S PROPERTY BOUNDRY OF PROPOSED PONDI NG AREA DRAINAGE rPLAN ... KOHLMAN Y 1LAKE ter MAJOR WATERSHED DIVIDE r,..,..,,_ :;; INTERIOR WATERSHED DIVIDES jam PROPOSED STORM SEWER 42 so* EXISTING STORM SEWER OPEN CHANNEL STORM WATER STORAGE AREA INUNDATION AREA STORAGE AREA VOLUME N ••• DISCHARGE IN CFS CITY LIMITS 4 00 800 1200 ••• SCALE IN -E' 1 0000 ..... ...............;.... ................. ............................. ... ................ 0 • 0 0 0.00...0000 ...................... ........•.. 4 jam 8 A F 4 KOHL AeAN L A fr,' i ZFR 10' L AXE CD ANDERSON PETITIONER YARIANCE /LOT DIVISION BEQUEST EXCERPT FROM MAPLEtJ00D DRAINAGE PLAN Q a ae 0 it 2330 Yeller Parkway st. 'a ul i -HN 55109 November 10, 1930 Maplewood Planner and,/or Planning Commaiss ion Ide seek a s use permit to divide 7.3 acres of landdescribedinourapplication so The hardships included in this case we feel is the fathatthe .rslandandhome evula t io n is ap to near 9 150, 000,00makingitimpossibletocontinuetosupporttwoorm a for FP morechildrenincollegethenextfouryears. The alternative to this is to seek the develo me nt ofhomesitesw 15which - if accepted, would mean at least 4 100 000.00outfront, and that seems totallF out of range in orcontinuetoliveonthisland, g der to Sincerely,.. Mr • and Mrs. Richard J. Andersen 484 -8770 j c.. variance Zb,30 Ke Parkway tAnderson) Secretary Olson said the applicant is requesting approvalroval of three variances to allow the creation of three lots, which would not have frontage on a dedicated public street. Staff is recommending denial as outlined in their report. f Commissioner Fischer asked what would be required to develop the ro ertPPYwithoutvariancesfromtheCodebeinggranted. Secretary Olson said the property would have to be 1 atted and a pavedPppublicroadwaywouldhavetobeconstructed. An ultimate development 1 an was resented b P p y the applicant which proposed about 15 lots. Commissioner Ki shel asked if the applicant did present a plat for theP property, would the Public Works Department suggest that an access be made available to the landlocked property to the east as art of a p . P p posed plat. Secretary Olson said yes, Staff normally reviews the plat with relation to a street system that will benefit all properties. Discussion may also be necessary with Ramsey County as to their proposed acquisition and the property to the east which may be land locked, Richard Anderson, said when he purchased this parcel he also urchased lots 2 through P g 6. He said the homes along Keller Parkway are not connected to sanitary sewer, therefore, their statement ' as to pollution of the lake by future development was not valid. He has started to construct a holdingbasinforthesedimenttobeheldso g t would not go into the lake. . Also , part of the problem was created by previous Councils by having the onlyaccessto7.3 acres a 60 foot right of way. Commissioner Ki shel said possibly Lots 2 through 6 could be combined with the larger parcel under consideration and then be re P 1 atted with the necessary streets and u t i l i t i e s off Arcade Street in an area where there would not be as much peat to go through. Mr. Anderson said that is a possibility However, if the P P Yroert - would be replatted, economically he could not provide for the construction of the necessary streets. Commissioner Whitcomb that the Planning Commission recommend to the Board of A 1s menu andADD 1s deniai - ,of on the basis of: 1. There appear to be other options available for better development of this area. 2. The proposal is not consistent with the spirit and intent of the ordinance. 3. Once the driveway would be developed, it would be di f fi cbl t to upgrade it to a City Street with City sewer and water and assess tM=Ts upgrading. 4. A hardship has not been demonstrated to exist which is unique to this property. Commissioner Kishel seconded Ayes - all. s i E F_ MEMORANDUP1 Tabled from February 4, 1982 TO. City Manager FROM: Director of Community Development = SUBJECT: Land Subdivision (Pl Versus Lot Division) LOCATION: 2830 Keller Parkway (see enclosed maps) OWNERS. Richard Anderson and Frank Frattal one DATE: March 9, 1982 REQUEST Approval of a twenty l plat or a l division and variances for three lotswithoutapublicstreet. BACKGROUND 1. Council tabled the plat on February 4 and directed staff to look into concerns expressed at the meeting by the neighbors. 2. Copies of the December 29, 1981 and November 26, 1980 staff reports are enclosed describing the two proposals. COMPARISON OF THE TWO PROPOSALS Advantages. of the Plat 1. Landlocked Parcel Avoided The landlocked parcel to the east would get access. The lot division would eliminate any future access from Ma 1 ewood.P 2. No Variances No variances are required. The lot division requires variances, because two of the lots do not front on a public street. The reasons for not approving the variances are described in the enclosed November 26, 1980 staff report. 3. Sanitary Sewer The plat would result in the extension of sanitary sewer. This would provide more protection for the lakes from potential pollution. The City'sSewerPlanstatesthat: "Therefore, the entire City of Maplewood exceptPforthatareasouthofFishCreekintheHighwoodneighborhoodshouldbe considered non - suitable for on -site disposal systems. Except that the City approve P y may pp ove on -site . systems on a temporary basis where lots on exist- i ng streets, where i t is not practical to extend sewer, an &= where soils are adequate to absorb the effluent. The City may -also all-ow on -site systems on a permanent basis for large, estate lot developments .31P ) I A requirement . of all plats is the provision of sanitary sewer. The City has not required the provision of sanitary sewer for lot divisions. If the lot division were to be approved, seven homes, in addition to the applicant's present home, could be, developed on the plat site. The site presently includes five undeveloped platted lots (Map fourl. Al 1 of these homes would be dependent upon on -site septic facilities. According to comments received from a neighborhood survey, some existing systems are operating marginally, at best. The addition of seven more on -site s stemsy i n thi' s area could lead to otherwise preventable water quality problems for Gerva i s Lake. 4. Public Water The plat would result in the extension of water. This would provide better fire protection. 5. Reduced Stormwater Problem The plat would help reduce storm water problems in the area at less expense to the public. If the plat were to be approved, storm sewer and pondingfacilitiestoservetheapplicant's property and a portion of the County Ditch 7 diversion project (scheduled for 1982) would be constructed by the applicant. All necessary easements would be dedicated to the public. If the lot division were approved, the net affect would be an- increase in the public cost of the County Ditch 7 improvement. Only the land controlled solely by the applicant (parcel two - map three) would be subject to easement dedication. Any other necessary easements may have to be acquired. Also, the applicant would not participate in the construction of the storm sewer and pond, as he would if the land were platted. In either case, local flooding problems would be reduced. 6. Traffic The plat would be accessed north of the presently hazardous intersection of Arcade Street and Keller Parkway. The lot division would access at the intersection, increasing the volume of turning movements and the potential for accidents. Advantages of the Lot Division 1. Larger lots and twelve fewer homes 2. Less traffic 3 No assessments to residents for sanitary sewer or water extensions RECO14MENDATIONS r I Conditional approval of the Gervai s Overlook prel imi nary P Tat to create twenty single - dwelling lots, as outlined on page two of the' enclosed December 29, 1981 staff report. 2- F I I Council ordering a feasibility study for. the extension of sanitary sewer to the applicant's property. The applicant, shall pay for this study. Enclosures 1. Applicant's letter of request, dated February 9, 1982 2. December 29, 1981 staff report - preliminary plat 3. November 26 1980 staff report- lot division and access variance 3- 1 2830 Keller Parkway St. Paul, , iii 55109 February 9, 1982 Mr. Geoff Olson Maplewood Public works Department 1 1908 County Road B Maplewood, I - IN 55109 Dear Mr. Olson: SUBJECT: GE0VAIS OVERLOOK PROPS . TY )EFEjL0?i ( -NT At the last Council meeting on February 4. 1982 we brou htbefore the Council the proposal for a 20 -home sub-division, Gerva is overlook, at 2830 Keller Parkway, Maplewood. At this time, we would like to express our appreciation for the supurb p lannin-and preparation of - this plot by the Staff headed by yourself. Ile would at this time request that the sub- div.is ion as presented before Council on February 4; both the 20 -home sub - division,and the prior submitted lot split of 1980, be placed on the A`enda for the Larch meeting for a decision by the Council as to how to proceed in the development of the land in question. Sincere I AI CH.LiD J . ANDERSEN Ai STAFF REPORT TO: City Manager, Barry Evans FROM: Chief of Police, R. W. Schaller DATE 17 February 1982 SUBJ: Background Investigation of On Sale Liquor License Application of John Mario Vitale for Chalet Lounge, 1820 North Rice Street As per application of John Mario Vitale for an On -Sale liquor license at the Chalet Lounge, 1820 North Rice Street, the usual background investigation has been made. Nothing was found to preclude Mr. Vitale obtaining the license he has applied for from the City. R. W. Schaller mn cc: City Clerk CN 82001080 Liquor File T. L. Hagen CITY OF MAPLEWOOD IN SUPPORT OF AN APPLICATION FOR ON SALE INTOXICATING LIQUOR LICENSE PART II - Personal Information erections: This form must be filled out in duplicate with typewriter or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other person with manage - ment responsibilities for the premises, by each person who by combined ownership or control has an interest in a corporation or association in excess of 5 %. Date: UE NAME (First) (Full Middle) (Maiden Name) (Last) r -,ESIDENCE ADDRESS: (Street, City, State) PHONE NUMBER: BUSINESS NAME: BUSINESS ADDRESS: (Street, City, State) PHONE NUMBER: LACE OF BIRTH:City, County, State)DATE Ul b 1 K I H: (Month, ua y, Years H IGHT: WEIGHT: COLOR OF HAIR: COLOR OF EYES:E U..S. CITIZEN? Yes No Naturalized? Yes If yes, give date and place: No rJAR ITAL STATUS: Married Single Divorced rnarried, true name, place and date of birth, and residence address of spouse: RUE NAME: (First) (Full Middle) (Maiden Name) (Last) GLACE OF BIRTH. ( City,, yCitCounty,, State) DATE of BIRTH: (Month,Day, Year) ESI DENCE ADDRESS: (Street, City, State) I f Y ou have ever used or been known by a name or names other than the true name given above, list such names) and 111 i ormation concerning dates and places used. r Personal Information Part 11 ( Sale Intoxicating) i Are - vo u a registered voter? Yes No If yes, where are you registered? i ; our spouse a registered voter? Yes No Y if yes, where is spouse registered? 1. Address(es) at w y 9whichyouhavelivedduring preceding ten years. (Begin with present or last address and work back.) NO. AND STREET CITY AND STATE DATES 2. Address(es) at which your spouse has lived during receding ten years. (Begin with present or last address and work back.) NO. AND STREET CITY AND STATE DATES in or occupation you have been enKind , name and location of every business pa aged in during preceding ten years. (Begin wigy9 present or last occupation and work back.) BUSINESS OR OCCUPATION STREET ADDRESS CITY,STATE DATES Kind name and location of every business or occupation your spouse has been engaged III UU1 in g thepreLed; ^g te. y °Mrs. Begin with present or last one f rst and work back.) BUS OR OCCUPATION STREE ADDRESS CITY, STATE DATES Personal Information - Part I I (On Sale Intoxicating) for the es of our employers and partners, if any, receding ten years. (Begin with present or last P J .Names and address Y one first and work back.) YERS OR PARTNERS STREET ADDRESS CITY, STATE DATES NAMES: EMPLO preceding ten years. (Begin with present or spouse employers and partners, if any, for th e p 9 Names and addresses of you r p Ouse s last one first and work back.) NAMES. EMPLOYERS OR PARTNERS STREE ADDRESS CITY, STATE DATES l ever been convicted of any felony, crime or parent, brother, sister, or chid of either of you, n as to the time, placeHaveyou, your spouse, p ; ? Yes No If yes, give information jioiation of any ordnance, other than traff c and offense for which convictions were had. f you, ever been engaged as an employee or in Ouse or a anent, brother, sister or child of ether o Y NoHaveyou, your spouse, parent, cafe tavern or other business of a similar nature. es operating a saloon, hotel, rest au nth of time. e give information as to the time, place and le i f yes, y . No If yes, was discharge(s)ever other than honorable? Have you been in military service. Yes Yes No (Copiesies of discharge papers may be required.) numbers of each person who is engaged in U j S t in Names, residence addresses, business addresses, and telephone num ; nearer of kin to you or n the busi of selling your spou manufacturing or distributing intoxicating liquor and who civil law, or who s a s r they - in -law omanuacgcomputedbytherulesofcblood, com i o r and cousin, whether of the whole or half P tridn sec sister -in -law of you or your spouse. Relationship 1. Full Name Phone Residence Address Phone Business Address Relationship 2. Full Name Phone Residence Address Phone Business Address ersonal Information - Part II (On Sale Intoxicating) 3. F u l l Name i Residence Address Business Address Relationship Phone Phone Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the owner - ship or operation of any such business? Yes. No 2. Are you directly or indirectly interested in other establishments in the Citv of MAPLEWOODto which a licenseofthesamekindhasbeenissued? Yes No If yes, list names, addresses, and interest. Are you the spouse of a person who would be ineligible for a license? Yes No 4 What is the amount of investment that you will have in the business, building, premises, fixtures, furniture,stock in trade, etc.? State the source of such money. (You must be prepared to furnish proof of the source of such money.) J .Have you had any interest in any previous intoxicating liquor license that was revoked, suspended or not renewed? Yes No If yes, explain in detail. Ha you ever individually, or with others, made application for an intoxicating liquor license and had such af denied? Yes No If yes, state circumstances. List the names, residences. and business addresses of three residents of your tate of , ood moral cnaracter not related to the a 1 i cant or fi n n i l 1 i n r 5wein h r mi racatoesteee Ses o businessapplicantYP vino may be reterred to as to the app charac Jame Residence Address Business Address Name Business Address Name Residence Address Residence Address Phone Phone Business Address Phone AN'Y FALSIFICATION OF ANSWERS TO THE ABOVE QUESTIONS WILL RESULT IN DENIAL 1 1 A 1 Al X Signature of Applicant)i t Esc, r i bed and sworn to before me a Notary Public this day of 19 Commission expires on Notary Signature) CITY ()r APLEWCCD)0 l:i t) I: l() '1' .1'I;N t 'E4 1.11'I.I;I'( NI I N ESO )'IAA ,55109 I)I:PAWYNI N'T OF PL` I3LIC SAF1'I Y -- OFI ICI; OF CHIEF OF POLICE February 2, 1982 Department of Public Safety State of Minnesota Liquor Control Division 480 Cedar Street St. Paul, Minnesota 55101 Gentlemen: T t would be 9 reat l y appreciated if you would check your records for the following name: John Mario Vitale DOB 11 -28 -28 Current - 2548 Glen Oaks White Bear' -Lake, MN 55110 Prior - 741 Carla Lane St. Paul, MN 55109 Thank you for your attention to this matter. Very truly yours. R. 1-1. Schaller, Chief of Police Maplewood Police Department RWS:is cc Liquor File City Clerk 82- 001080 Idlei%o t - iv MI v ' r CI'I'Z' OI MAPLEWCJOD H?( )S'i, .xx VIN I ' I: DETARTIM1 M` OF PUBLIC SAFI'TY OFFICE OF CHIEF OF POLICE February 2, 1982 Ramsey County Sheriff's Office 3401 North Rice Street St. Paul, Minnesota 55112 Gentlemen It would be greatly appreciated if you would check your records for the following name: John Mario Vitale u.1T D06 11 - 28 - 28 - - Current - 2548 Glen Oaks White Bear Lake, MN 55110 • Prior - 741 Carla Lane St Paul , MN 55109 Thank you for your attention to this matter. Very truly yours, L R. W. Schaller, Chief of Police Maplewood Police Department RWS: j s c Liquor File City Clerk 82- 001080 cirroF White Bear La Uru-r 3 1932 k.44. 1 17 Scl. aller, Cidef of roliccT - 2: 0 S V T A st_:arc'.i uf our rt:;-.curL!s Lio(..:s nut sl-iow an criminal record in perso-for t' folloi J(.)A'iii Vital c! D(Kj 1 Sincerel oorolchu] Chiuf of Police WT,illitu i;%.:ar Lake Pulicu 250 Miller Avenue • White Bear Lake, Minnesota 55110 • Phone (612) 429-8526 Police and Fire Emer Phone 429-3355 3 STAFF REPORT TO: City Manager, Barry Evans FROM: Chief of Police, R. W. Schaller DATE: 17 February 1982 SUBJ: Background Investigation of On Sale Liquor License Application of John Mario Vitale for Chalet Lounge, 1820 North Rice . Street As per application of John Mario Vitale for an On —Sale liquor license at the Chalet Lounge, 1820 North Rice Street, the usual background investigation has been made. Nothing was found to preclude Mr. Vitale obtaining the license he has applied for from the City. R. W. Schaller mn cc: City Clerk CN 81001080 Liquor File T. L. Hagen CITY or MAPLI-EWOOD 1:380 I: i ?( )S 'C .W1 N i ' I: \I.\ NI I.N.N I ` S( )1'1\ X51( DI'ePAk'1';11ENT" OF PUBLIC SAFETY -- OFFICE OF CHIEF OF POLICE February 12, 1982 DESERT HOT SPRINGS POLICE DEPT 11711 West Avenue Desert Hot Springs, California 92240 Dear Chief, Would you please check your files on a John Maria Vitale, D.0 B. 11- 28 -28. I would appreciate both a criminal check and also if Mr Vitale holds any type of liquor 1 i cense in California. I understand that Mr Vitale and his son Jeffrey own the Desert Holiday Motel in Desert Hot Springs, California. Mr Vitale also owns a winter home at 2903 Alta Loma, Palm Springs, California.. Per Vitale is applying for a liquor license in our area and I'm attempting to obtain any information on Mr Vitale' s background. Thank you for your attention to this matter. Very truly yours, Richard W. Schaller Chief of Police By N.L. Green, SGT RWS /NLG /kec a C11 OIL APT,=-,EWC lf I'It( )ti7' :W1;N 1'I; x1_11'1.1;1 \'(1OI ). X11 1\ x I;SO'C:1 :i.51t)9 1)14 .1'Atz'1 "1%1 EN 1' OF PLI BI,1C SAFf'OT ' --- OFFICE: OF C;H I EF OF POLICE February 12, 1982 RIVERSIDE COUNTY SHERIFF DEPARTMENT 82675 Highway 111 Indio, California 92201 Dear Sheriff, Would you please check your files on a John Maria Vitale, D.O.S. 11- 28 -28. I would appreciate both a criminal check and also if Mr Vitale holds any type of liquor license i n California. I understand that Mr Vitale and his son Jeffrey own the Desert Hol iday Motel in Desert Hot Springs, California. Mr Vitale al so owns a winter home at 2903 Alta Loma, Palm Springs, California. Mr Vitale is applying for a liquor license in our area and I'm attempting to obtain any information on Mr Vitale' s background. Thank you for your attenti to this matter. Very truly yours, Richard W. Schaller Chief of Police By N.L. Green, SGT RWS /NLG /kec CITY OF MAPLEWOOD APPLICAT10\ FOR L \TTO <l'IG:UING LIQUOR LICENSE THIS APPLICATION SHALL BE SUBMITTED IN DUPLICATE. Whoever shall knowingly and wilfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. In answering the following questions ``APPLICANTS" shall be governed as follows: For a Cor- puration one officer shall execute this application for all officers, directors and stockholders. For a part-nership one of the "APPLICANTS" sliall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED I I John: Mario Vitale as Individual Owner , individual owner, officer or partner) for and in behalf of myse hereby ap for an Or —__ Sale Intoxicating Liquor License to he located at 18 2 0_ Rice S ewood , :SIN, Ramsey County, Minnesota _legally described as: Lot s s-; Flo 5, Eisermenger ana Zaspal Lake Park, Sub to Highwa in the City of Give address and legal description) 11 :,jlc County of I ::msey, State of Minnesota, in accorllnce with the provisions of Ordinance No. i :lal,le% 'ood. 2. Give applicants' date of birth: John. Mar Vi t ale 28 _ November 192 Day) (Month) (Year) amed herein foe• the past five years is as follows:The residence for each of the applicants n Joan: Mario Vital -- 2548 Glen. Oaks, Whi Bear. Lake h;N 551 1980 - 1981 741 C Lane , St. Paul, MN 55109 ____ 1965 - 1980 4. Is the applicant a citizen of the United States ?_ -- -- -- If naturalized state date and place of naturalizatio -- --- If a corporation or partnersh state citizenship including naturalization of each officer or partner. 5. The person who executes this application shall give wife's or husband's full name and address. Bet Lou Vitale, 2548 Glen. Oaks Ave., White Bear Lake, MN 55110 o „ r 6. What occupations have applicant and associates in this application followed for the past five years'. Mobile Home Park Owneer, _ Office Buildin and Shopp Center Owner_ • CX a M Sno _Distri _ _ _ _ — C J ! r e i i . If l,:!•tner` hip, state nanie -md <<ddress of each partner. I r.c (3 u a 1 Uk r r. r Corporat to be formed after. if it cull r:ltiotl, d:ito of incorporation-approval of liquor li , state in 0licl il,cu!•hcl.aled _. _ _. _ - -. _ _ , amount of authorized cal)italization amount of paid in capital__ if :c subsidiary of any other corporation, so state_ dive: purpose of curl oration_ ------ -- - - -- - -- - - -- — - - - --- _ _ , _ -- name and : of all officers, directors and s and the number of shares held by each: tia:nv ) ` -_ .- ---.— (Addre: s) (City) if incorporated under the laws of another state, is corporation authorized to do lousiness in this State`' Number of certificate of authority 1i' this -,pplication is for :e new Corporation, include a certified copy of Articles of Incorporation and s. Ors ti }!at flofol is the establishment located, or to l)e located? .. (r ° - P ----• li' 1S cr :ttiri; ulelcl :1 : (Illllr ul ll()%v is the luc :itioll of the build classified? _u s 1 ne c s r.ci C:vm ni ' rc1a1 Is the building located within the prescribed area for such license? Yes to. Is the establishment located clear an academy, college, university, church, grade or high school? State the approximate distance of the establishment from such school or church__. l 1. State name antl address of owner of building Johr. Mario_ Vitale 254 G1 er. Oak H ._ r. ue , - Whit Bear Lake, M - - ; has owner of building any connection, directly or in- directly, with applicant ?__ _._Y - Same_ 12. Are the taxes on the above property delinquent? - _ -- - NO la. stnte whether a111livailt, or nny of his assoViates in this "pplication, have ev had an application for a Liquor License rejected by any municipality or State authority; if so, give date and details No_ -- -- _ _ - — - -- _ - -- ------ Ipplicant, nl any of his associates in this al)pliCatiotl, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for All%• Viol :otiorl c f suc•ll 1: or local ordinances; if so, give date and details. r State PPwhetherap or any of his associates in this application, during that past five years were ever convicted of any Liquor Law violations or any crime in this state, or any other state, or Federal Laws, and if so, give date and details-_ under e _ No _ r). I applicant or any of his associates in this al)l)licatiuli, in of the guverning bodN? of the municipality in which this license is to be issued? _- _No... If so, in what capacity? tute whether an Person other thin applicants has a»• right, title or interest in the furniture, fixtures, or equip ment in the premises foi• which license is applied, and if so, Five names and details No Is. Have applicants any interest wllAtsoe1 er, directly or indirectly, in any other liquor establis in the State of 'Minnesota? Give naive and address of such establishment ---- — ddresses of at least three business references, including one blank refer -11 . 0 . Furnish the names and a J H ' l r_om,_M_ap_lewood State Bank White Bear_ & Beam ence —_ yePa l e•eod Mir 55109 Lou IS P. _Gi_lbert -194 E. Kenwoocl _.Dr :% Robert Hai 1 , ?330 101st St . , White Bear Lake, MN 5 ossess a retail dealer's identification card issued by the Liquor Control Commissioner no you P December 31st of this year? Give number of same _ No which will expire Ile noes a licant intend to sell intoxicating liquor to other than the consumer ?. ___ _ _ No - - 21. PI Nether applicant intends to Possess, operate or Permit the possession or operation of, on 22. ct:te t.lhc. licensed premises or in any roam ndjoinin; the licensed premises, any slot machine, dice, gam- I ling device PPandapparatus, or permit any gambling therein _ -..__ N_ °_ - -- 2:3. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establishment?_- _..___-__ -Yes be used--- Ch Lounge 2.t . State trade name to-- -- -- - -- - - '- — -- Ronald James Vitale, Manager 25. State name of person that will operate -- -• -- - - - 2. Give Federal Retail Liquor Dealer's Tax StamP Number_ Perd i rg 7 - . -- If off sane- license is being applied for,- dayouu intend to_- to by vehicle? N A . If so, state number of motor • vehiele Permits issued by Liquor Control Commissioner for current year A. if •ou are building a new building for the purposes for which this application is being made, please submit flans and specifications with this application. Financing of the construction of this building will be as follows: Bu Existing Bui on Co fo D 3o. Furnish a personal financial statement with this application. If a partnership, furnish financial state- nient of each partner. 1. Give de`urihtion of tY Pe of operation if this is an on - salt: license application (i.e. whether cock tail lounge, Hite chit 2estzu2•ant, etc., cpecif•ino, capacit by number of customers and any other pertinent data). Cc-c ail Lounge _anal Restaura , Seating Eighty - Five (85 ) WI), have you had in the Operation of the type of business described in the 01SWel to 1o. 31 :11iov ___ -Part owner_ a one _time of the _ - Vene t iar. _ Ir.r a,,lil :,11t, :tnl leis . +11 ill this applicalil)n, %% strictly rc,tijj)lN• with ,ill the laws of the State Of M il,lw• o mta ^ote 1111it' the tax:lt ioll and the Sale of intoxicatill(y liquor; rules and regulations Pl otliul;vate(I h%• tltt• U1111ol. control C'onimissioner: anal :111 ordinances of the municil)ulity; and 1 hc•r1,• el-tify that 1 llave read the foregoing (j11Cstlot1a and flint the answers to said questions kre true• of m\• o\% kllowIedge. 1 7 signature of Applicant) Sub- cribed and swum to before me this ice ...i..o.. _.r++..•...,vr Z day of . ... r t 1.. + -• 14, t i x•11' .. ; .Slt' : A my • / AUY 1 ?, lion I&- ~ TI 11.9 APPLICATION MUST fir ACC'O1IfATIFI) WITH YOUR CHECK FOR THE FIRST LICENSE I'I:ItIOD. n A r Ii i REPORT ON APPLICANT OR APPLICANTS BY POLICE DEPARTMENT This is to certify that the applicant, or his asc,ciates named herein have not been convicted with- in the past five years for any violation of Laws of 11Ic State of 1Tinncsota, or Municipal Ordinances relating to Intoxicating Liquor, except as hereinaf ter stated. MAPLEWOOD POLICE DEPAR IlIENT Approved by: ItEPORT ON PREMISES BY hIl E I)ETOAIUMENT This is to certify that .the premises herein de have ht.eli inspected and that all Laws of the Stag of '_Minnesota and :Municipal Ordinances relat ill(I to Fire .Protection have been con Nvith. MAI'I.1:W001) FWE DEl'A1t1'tiI1:N7' Approved by:__ - — Title. 4K. To The Cit of Maplewood : 1, John Maria Vitale, at th',.F oc own 01 - have an interest ir. •--Ir!v Fps E,--license in the state ol stat ci Subscribed and sworr. 1(; me this LZ, d a y of ETHEL M. ARAABRUST LA. MSIY COUNly M U-Mrmasion •x Mery 17 , jigs 1,,'otar Public WHITE— Otlfee Copy YELLOW— Buyer's Copy. .,;';,ln. IQI7 GREEN— ."Ier's Copy ....; D[1LLEIt- DAM Co. PINK— Buyer's Receipt 11Llonestpotla PUR E AGREEMENT M--'7 ......... w.. ... .I. 0..... • ,.15. inn RECEIVEDOF.. - Vitale .... ............................,.............................................................. ...................... : :..;.:.' the sum of ..... . .One• aad••Other 0ood••ad• 'Valunble• .~ .. (t .xoot7nocscc Con•eideratioa ............ss racoon money and in pan payment for the purchase of property car A 1164 1820 -Street .. Meple~ci•;•• H1nneeeCa .............................. .......................situated in - : P. County of...... ftwey ....... ......»....... ..... »....«: :................., State of Minnesota, and legally described as follows, to -wit: Lots'24 througb 34, Block 5, Eisenmenger and Zaspel's Lake Park Addition, P.I.D.1. 57- 25500- 341 -05, consisting of one building housing the Chalet Lounge and Restaurant t th w{ th etiri lot on the INort and Sout euels ofid buildingx rneeIF a gar to bu s, plants, s ,, trees, storm gas , storm doors, sta a vestibu , screens, awnings, window shades, blinds ( including venetian blinds) , curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, : plumbing fixtures, hot water tanks and hearing plant (with 'any burners, tanks, stokers and other equipment used in connection there- r with), water softener and li uid gas tank and - controls (if the property of seller), sump pump, television antenna, inciner- tor, buiU;ia.disb.3yast = 8g 1i ovens, cook top stoves and central air conditioning equipment, if any, used aad located on said premises and including also the following personal property: all of which property the undersigned has this day sold to the buyer for the sum of: Tyra HundTed - • Wentz , - Tho%mand. g ..no' /' loo-" ..................... ............ :..... :...... :...,. ($...Z2490 © b DOLLABLS, which the buyer agrees to pay in the following manner: Earnest mood — a jaid = ....................... and $....................... c. th,.,,,, on ....:..... ... :.......... :....., :....... :, the date of closi e. by buyer assuming and ' agreeing -• to pay ' according to its terms that' certain Contract for Deed .dated'Octo'ber 19; 1979, and . running from Gary P. Cormicaa and Susan R. Cormicau, as contract vendore,. to Claussen, Inc. , as contract vendee, covering the , above described property. A copy. of skid contract ie °attached hereto and ' made., g; Darcy hereof. Zn the arvent the Contract for Deed balance to less ,than $220,000.004t time .: of closing, 'buyer''-shall. not be required to' pay to seller the , dif f erence between , ; 220,000.00 and the balance bf - the eoatract for deed, at closing: (Allocation:,' ' : `,Y 40 000.00 Land and ` 180, 000, 00 .Building) This Purchase Agreement is contingent ' upon' Seller Ataiafng the consent ragaired in that certain Contract . for, Deed (Paragrap'h ` 18) , to which said property,- is nub j ect` dated October 19th, 1979 .running from . Gary P. Cormican - and Susan .R." Cormican, r ' ; Sn3`deATfAC1MENT * As s i gntria D e Subject to performance by the buyer the seller agrees to execute a er a ... t !}ai ee d. 8n - .....l.G.._ tai be joined in by spouse, if anT) conveying marketable title to said premises s )ecr on to ollowing exceptions: T a) Building and zoning laws, ordinances, State and Federal regulations. .vendees .'i.iitete b) Restrictions relating to use or improvement of premises without effective forkiture proviskm in the • 4n t roc c) Reservation of any minerals or mi rights to the State of Minnesota. for. Decd. ,.d) Utility and drainage easements which do not interfere with present improvements. -= ., • , e) Rights of tenants as follows; ( unless specified, not subject to tenancies) • t . = The buyer shall pay the real estate cartes due in the year 19 and any unpaid insallmeots of special assessments payable,thik vizh and thereafter. Scher warrants that real estate taxes due in the yea3' .... will be .. .. ....... :. . classification'. tt d gg & 1r t 1Q+tg p ggeee C i '1: 8 S S e 5 . (full, partial or non•996tead -- sue which) - ; , • 11 S `O NLsadc s dr nir3tB eli"drTs agiJES r.Mresenmilon or warranty whatsoever tneceraing the amount of real estate taxes whicb shall be assessed against the property subsegeeot to the date of purchase. • ' _ w , ('• Seller covenants that buildings, if say, are entirely within the boundary lion of the property and agrees to remove all personal property' •, not included herein and all debris from the premises prior to possession date. SELLER WARRANTS ALL APPLIA'IC,5,,,dL&ZI.1 ,.COy. T21ZCt1' G.. SX1JBiAl. 1TZPL; il11Sf. tUl1. OCdTE. tSaIIFSF3l 3iPP.Y..u1G- oAOSIr ... AT„pOF CLOSING. " •: , . • • : , The seller further agrees to deliver possession not later than. Da t -• -{ ps ded that all conditions of that s moment have been complied with. Unless otherwise specified that iaTc closed oa or fie ore prvifrom the due hucof. In the event this property is destroyed or substantially damaged by fire or any other cause before the dosing date, this agreement sfnll become null and void, at the purchasers option. and all t000ies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pto • rata adjustments of tents, interest, iawrsnoe and city water, and, in the case of • income property. current operating expenses, shall be made as of .: ,. : net , sal ... Date "4'•' filoa ttg ..... . :...: .. : :. . :=; ..? .: The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Properrf- Abstract certified to due to include proper searches covering bankruptcies, and Sate and Federal iudgments and liens. The buyer shall allowed 10 days after receipt thereof for examination of said title and the making of my objections thereto, said objections to be made is writing or deemed to be waived. if any ob jectwas are so made the seller shall be allowed 120 days to -make such title marketable. f'endir%: +correction of title the payments hereunder required shall be postponed, but upon oorteet:on of title. and within 10' days after written nocico. to the buyer, the parties shall perform this agreemsent,acootdins to its terms. ; :• '' ; r • ; :• ; r .F',If said title is not marketable and is not amide so within. 120 days ftan ; the datie of written, objettioris thereto as above provided,cbissxreenwwshallbeau11andvoid, at option of the buyer, and neither principal shall be liable for damspy hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said.titoe. and said buyer shall default in any of the s4reements and continue in default for a period of 10 days, then and in that case the seller mapterminatethiscontractandonsuchterminationallthepaymentsmadeuponthiscontractshallberetainedbysaidsellerandsaidagent, astheirrespectiveinterestsmayappear, as liquidated damages, time bring of the essence hereof. This provision shall not deprive either pang oftherightofenforrinFthespecificperformanceofthiscontractprovidedsuchcontractshallnotbeterminatedasaforesaid, and provided actiontoenforcesuchspecificperformanceshallbecommencedwithinsixmonthsaftersuchrightofactionshallarise. 1!AJU. k!S!jtnod =nd r SrC.tbLt tylaaadc bt.tbtttrrcoezaf a.aid.psasrs+s+aiw.•w «iwrt: +acs rr- s+ ... tit ..awawwtr+r ,. * eevtno- f +vrthetat'ttttnatstpai3"under . The delivery of all papem and monies shall be made a else office of : - •906 - X1 d 1"a '•' ' *nk' • $tai ld ir1 g • • • • • • • ........... .... :.,- 4 . r -`- 354.01 1, the undersigned. owner of the above land, do hereby spptot e 1 hereby agree to purchase the said property for the pride andtheaboveAgreementandthesaletherebymade. upon the term Seller above anentiooed, and subject to all conditions : hem' xpre SEAL SlrAi. Buyer SEAL) ... ............................................................ ............................... (SEAL ) Iff as contract vendors, to Claussen, Inc., as contract.vendee, the property legally described as: Lots 24 through 34, Block 5 Eisenmenger and Zaspel's Lake Park Addition. This Purchase Agreement is also contingent upon the successful closing of that certain agreement entitled "Agreement for Sale of the Chalet Lounge and Restaurant ", hereinafter referred to as the Chalet Sale, which was entered into on December 11 , 1981, between Claussen, Inc., as seller and a corporation to be formed under the laws of the State of Minnesota by John M. Vitale, as buyer. The closing of this Purchase Agreement shall take place simultaneously with the closing of the Chalet Sale. In the event the Chalet Sale shall not close, this agreement shall be null and void. Said closing is scheduled to be held on March 1, 1982. To the best of seller's knowledge all applicances, heating, air conditioning, wiring and plumbing used and located on said premises are in proper working order at date of closing. Buyer will be given the opportunity to inspect the building and equipment contained.therein on the Sunday night prior to closing. The consideration for this Purchase Agreement is included as part of the 5,000.00 earnest money paid by the buyer pursuant to the terms of the Agree - vient for Sale of the Chalet Lounge and Restaurant dated the 11 day of December, 1981. .+ _ 7 G 9! b and bstws.;. . ^.. ormi.c,an, di. va r c d...and.n •1• 4 .N •..wN....M... . .. Li' J 1 . 9 usan K. PO rmi•c r , a s.L individual. part . . .e - the first part, and .. .11)"' - , a m i . Corpor, ation ., ............................ w..........:................. ............................... . .. ...... .... .., part .y...... of the srcuntt part, U itntggttb, Tha f the said Pa . .i e - tlc: i f..r•t i,i COIL ihZerution of tke, Covenants and ueree ti.trt.ts o ' said p.urt,..Y......`' of the second part, herrii.rLiter- e•andetincil, Hereby sell .. and agree . to convey ie.ntu ant t part . Y.... of the secucd Hart, ts .. tle.l.i: ,r .ul t, tc.,by it ........ ..................... ............................... De-rd, ,at winpani•ed by apt abstr•uc:t eviden food lit I trr t•r,,•t ' of the feast part at the date. Itei of. u, tAJ «r ownar's duplicate certificate of title, "/Poll tl,r: lo"oo"I't 4 -4d fall perfortuance by said p(trt iJeS uj t1ge it sand part, o :1 t;s . part of this a+re ent, tht- Irirrt.. . of land, lr i.ir d and bein in the Rams .......... . .. . . and Sttde of .ilircrre•-v)tu, described as follows, to - wit: - wit: (. uu,ity f . .............................. ... Lots .24 -34, Block 5, I? is tiger and Zaspals Lake Park Subject, to Highway 1lrrrl *ai part. ...Y. of the. secorul part, in, cOns;der,rlivnc Of ill preinises, hereby agree .s. to pay said of the first part, at. .a..place...es....cj.p,t. <<d icy t.hrn . as and for the purchase price of said prentises,'the .-test. of fCk'o Hund Fifty Thouszincl and T Qn1..hndre..... (.$ ?.50 QR. 4. . Q __ _ _ --------------- ....1)ol r t wit • T)l rty . 'I'hou:anct ($ 30, OOQ . 0 0 _ Dollar at thinnLannerandattimesfollowo- 1 time of execution of this conLrac:t, the receipt of which is hereby acknowledged, and the balance of Two Hundred Twenty Thousand 220,,000.00) Dollars upon terms and conditions as follows : Second party agrees to pay Parties of the First Fart One Thousand Seven Hundred Fifty ($1,750.00) Dol. tarsi on or before the 15th clay of November, 1979, and One Thouic; and , 'cvc!n Hundred Fifty ($1, 7 5 U . 00 ) Dollars, on or before the 15th duty of each and every month for the 1 succeeding 24 months,. and to include interest thereon at the rate of Nine and One -Half (9".5 A) percent per annum, computed monthly on the unpaid balance. commend. ncl can the 25th month after date of losing, Buyer shall pay to the-sum of Two Thousand P ive hundred and No fiundreths ($2.,,500- Dollars or more per month including interest thereon at the rate of Nine and One - tint L f M.5 percent per annum, computed r(ton thly on the unpaid balanct: , until th Eighty Five (85th) month, when the entire amount, togetht- r with interest thereon shall be du(! and payable in full. Buyer shall not have the right of prepayment until two yvars from nd after the date of closing, aL which time Buyer has th,2 absolute right to pay part .of all the balance in full. From each monthly payment sha L 1 first. be deducted the mUrt th L y accru interest,. the balance being i1PPl. i(: towards the reductiort of princi Interest is to accrue from tho date hereon, in addition to the mont payments provided for above, Party of the Second Part acjj: : :; to pay Party of the First Part an amount: equal to one- twelfth (1. /12) of th annual real estate taxes, specia). a. :cssments and fire nail extended coverage insurance premiums it:; hL :reinafter determined. IQ I.t pied toy sald iwrt..Y.. ».. uurlj•r the tertrta I1crr01, s41-11 III -I • I-c IIV first 1wrtI.CS. acid shall be tutthwath pay. uid, iutercat thu tau, as in adtlttiur al a-- 14•11411 clue ill -t 10.64 t :« ruler thi. contract 4 60"SU Ucl:•,I;t be ntadc in the ttient „ kl Y f Plil„,t• •,r il,r,• ,t .luc heie,tl,Jtrrundpart_..y paid should ..... ...,,. .. . or n! :+ry pact tltcrc. to be byOr ._....... ..f:lit t, t,.,y t •,c t., ., •. •,' :,•.t r1,c„Is upJll S:li. ! •SulUnce or to. performs any or `e1ther of the euvr.naf,ts t 1 .prcmiutt„ u(.v„ said1 , 1 .,i cun.lit.iul,s herein cu It, t: saidccond1);rj kept or performed. the said Dart. ,1t-'S 1 I.the li, t It"' t "'Ay at. .............optiits pn tvrittcrl noticedeclaretl.itl ' contract cancelled :rJ ecru, ;rtatcll, lard 111 1 l,t t. ,n,l irktcrest :ICyuir tlrcrt:unt . ..... , shill thereupon cctse 3114 tcrrrtinate, af,rl sll ir,ll.,,. ,,,c„t, 111.cic rr on tle er by .itl etrttlJ l,cl eutdet shall belun Y to said eS Y prr,ni :Inrl all jr;. made.p:ut. 1 .. of the hrst p ;,rl I.rtt, Itl• t•1) , l.lr,,:il;r.s ft bread, of tl,it'r• Y • -• • said notice to be ill accordance With the Statulc 1111 su, I, t•,sr rnade and provided. s 14fitraCt by :.;,ire beccond Net her the estcltsion of the time of payruent of any • I.i,, „r „nr, of ,r to be paid •••• • I,ercu „il,c hart..; QA of the first part .. tS der , t,or any %vaivcr brtbhtstotlL Ii c, .,t,.l.t f by reasotl of any breach tht,c111411n :r affect the tight of Said ttart.....y.. to c:l,tcel tl,i, •.r,tr.,r t I,•, au• t of tlrfa 1 u uf• >l,at) in r.1 tcr,siut of time shall be valid unless evidences! by duly ,i r,c,l i„st, ull,.l,t f set vice nuticcurther. after ,vic 11 m :jjI f :rilur rlg, : lur no r r :ltuve, r itllin the period allowed by law. the default there,,, : . . ii,,.tt ••1 ,:,rt L. aE ar,l to rccS, 1 • - I .... of tilt scct part herch i ,(r, il'ic1t1e ••. pott dernand. of said liar t - yofthefirstpart, '1.1.4 th ;tll 1r.,4'r to surrenderofs: tA.....Lunidprernisrs. and every Part thereof it hvin - ••' Pusses- Ill,c . :t.,,.1 Ih.tt tlntll such default, s ;lid part...y..... of Cllr secondtohavel3osscsSionofsaidUreuti; " AT: ACHED HERETO AND MADE A PART I11':kFOOE A!U:OF THIS CONTRACT FOR DEED. ADDITIONAL TERMS 311 'S :MUtU411p .9arterb, By and between, the / 141 1111-p hei tc, thine;,CRltQl dart of th. eontra and that lL11 the; ut.•.•ic.,ict` : ,11111 it ;,, ' the: " ,111C nj p,tJ> sJc,tll be an .& tl,4 ltrt and bind the 4eire, exe-cutors adr- olinistr,rt „, settcc,', /,, ntrlt(y jtr. rc , ticColttIL6liecl6t1Q1.! rc,n luith retu• antl assigns of the respecliuC parties Xn Teltinionp terel,f, Tltd Pay - tieshuc'o written. tf1's ru J j c:rettl, to set their hands the clay aruL year first Xe-, l ry Corin.ican t 1 C 9- - cormican - 1 J r Gj 1 tat e of trttieqotA,unde , ,Ityf .,.. {. w.S ••,. 1't, by affixedSignaturehereto, personallyl• /. ,.,.,; guzr-anty the terms and obligatio s J oilt itxtr .tr -ttt nw+ (rrk»lilt 14•t/}c tl It r Jates to the v} /ter du y U/ .Cc o jai v 1 , Ro r ! / T. T San r /. C1ausr C sus stn t e: l` A. .1 t ` ~ j p, Jo " e) v, . %^ .. r e rte 11.',• . w' It \1} •. I.ti • • •, , • i` ,It 1J) fW1t N Ai f• ,`I `ct+..J/ Cif .+.5 '"j 1sb •. ,,, t.iC`•- 1 •1• 111k! t! 1.11,111 7Al.I V Af. / y - - - .IfOGAtr't r vy/ jr ;tS INSTRUMENT WAS DRATTED BY •............ . P t - 1 i ck McCullough and Assoc, tr17f e />,. ,1„ . a r k W icA Drive I'j a 55106 +-1Addm>.s1 f Atate of 4"iiililego ta, RAPISEY Sal The hitA,odii rt.ltrciit.•rtl a•tv ftt' /If • 1..„ ! /tf :: / I'r/ ©.. /- lit. 1 ' r , • ' ot =r 'r. Claussen and Sandra J.c- l a usen Inc. .. Clauss rrt 11J1t1t;: ::Ut.c ........ht,ll 1Jac ViLlor t /Iulif/it. r•.rj.•t!•tltult, If -i11AMAN A. 1AN;D 1 k l .lv.;,: t SOU: iTY 1'•,ry trJ lip• .. ............. Wiry hfinn. Aly C'uccrcrrt+rt.1t f . rs :.. ....... ! J . - t. i i • ADDITIONAL T1LXIS iO 'Oi;'t'1 <,',t'';' !'(It ,^.L:D !3E'rtJLEt GARY P. COIU41CA14 AND SLISAAi. . C:cttr•1ICAN, SELLERS CLAUSSSN , 11W . , BUYE),S 1 . In addition to ( I:;.: CULL l estate being conveyed herein, Sellers colivzy tlcrt, i t h, al 1. as.,ets of. the business known as The Chalet Lounyt:, ; t t•1 ~s,:ii zI all fixtures, equipment to remain as viewed, trade: „,<<., Jcol will, lictuor licen:ae ll other personalandotherpermits,. furnishini_i, fixtures and aa f property owned by the Selle r !.; (end clsc a in the operation of the s business. •;a t a::courits , 2. This sale dear_; til )t inc L ude: st:l bans. lens' • : . cash on hand, accounts recc i v,,I)It or payable: whict are the property of sellers to date ul A.11 rents, utilities, premiums for unearned insur:irict: zts:iunied by buyer, employt:e wades, and fees for licenses assunit.-d by buy%!) shall be pro -rated to date of closing. Sellers shall be rt!:,ponsible for the pa of all levied and /or pendinc> j us tate assessments to (late of closing. Real estate: taxes j)ayabl u in the year 1979 sha 1 be pro -rated to date of c:los i ncj . 3. An inventory of 4,11 saleable merchandise belor.ging to the sellers shall be takt.„ and paid for in certified f un-A's by buyer at sellers' actual cu: t . Sellers warrant that said inven- tory will not exceed $3,000-00 aria said amount shall be pa L on or before the date of closilici. 4. Sellers agre:e t.o ass isr. buyer for a period of two weeks after the date of clasi 11cJ to cluiiiit buyer with t: operation of the business. :;aid assistance shall by withOUt compensation. 5`. Sellers herein warrant that all of the eyu pj%ent herein beiny conveyed is ii clood working order and will t t! so at time possession is delivered to buyer. 6. Sellers herein warrant that there are no c t r of repa of notices of violat. i c,n against the property or c e ration lzom the City, Cuu"ty, State or applicable Fedoral Ayeiic 7. Sellers hereit reprusent that there are nc Liens, mortgages or other emcumbritnt:c . -i against the property or iusiness operation herein being conve!.fc!,3 E:xce encumbrances of r(ecord. B. S1lould Belle, fail to make the payments rt!qu i red under said encumbrances, buy i!r <<t. i.ts option, may make :;uch , payments required and deduct tho same from payment requi izd under ' the Contract for Deed he re.i et . 9. . Sellers herein wt, c r4irit that there are no ei-.ipluyees who are under ally epiployl,t cunt riLCt. Sellers herein shell be responsible for a,y bent I i t :: which may have accrued 1.4) ::aid Sellers further warrant, employees prior Eo ..tc of. c. t.•.i .. . that all payments of :oeia t ::c c:sil: i. t1 • withholding and unewp loyinent compensation shall be currren t. at t..iwc_ of closing. t i 10. Sellers herein -1i ot, t furnish a complete list L c f suppliers to -Buyer and agent • c S I c further warrant that L. any amount owi to sal sul, : 1 : t<< 1 be Tully paid prior. Lo c r at time of clog il.g . 11. All monies rL ci:i vc d M' c•ul lec:ted from policies c vering loss or. damage by fir(.. , 1 tjli tri iiy or wind shall be deposited in the First Grand Avenue Stitte Bank of St. Paul of t ze City of Saint Paul Minrre , to th` credit of the Sellers and Sellers' obligators, and Lh` Buyer, jointly, and said monies hall be expended and used in the fallowing order: (a) for I epairing, restoring or recon:;ti cng prope1-ty lost, (b) for F 3ying to the Sellers any M0II ies over <<nd the Expendi n ade under ' (a) to the amours t c? u(f :3c' l I(-. r s from iiuyer, , if any s t zere be,' under the provi sion.3 0 f tl; i s contract which are past due and unpaid, and (c) for paying tlte surplus if any there be, ; to Buyer. 12. That Buyer shat t keep i r force: and e f feet, f rom the date of closing through the terin o1: the purchase Contract, public liability insurance cover i n:; !;aj d property legally described herein, with minimum limits of ! .i air i 1 i t y in rei ;pec.t of bodily injury of One Hundred Thousand ($1O(),u0u .00) Dollars for each person and Three Hundred Thousand ($ :su , u00.00) Dollars for each occurrence, .and in respect of property damage, Fifty Thoust - 50,000.00) Dollars for each occurrence; said insurance to be issued by an insurance company and in a form satisfactory to Sellers; and said insurance to provide that :yellers is a ntime insured. 13. That Buyer sha l 1 k(!L'1') in full forge and e f i _-c t , at Buyer's expense, ligilor liars lit.y .inl -urance wit minimul:l 1 units of Fifty Thousand ($50,000.00) DL)11 •:Irf;; and said insurance to provide that Sellers are naine d i ns u rede. . 14. That Buyer sliall prompt p<<y all claiins w::.ich shall accrue against the prom i :;cis for y«s , water,, se an"i electricity, and real estate ta>:r:5 .zild sisse.- is.nien is . 15. That Buyer sha 1 l keep tIIE: preini ses , building and equipment, plumbing, draict: _i, f i.xt;ures, furniture, applia,c:cs and machinery in, upon or ser v.i nth the : ;<<me, ill good condi t ic.)n and repair; provide that Seller:: or thoir agents be permitted to enter upon the premises pit all reasuriable tithes to inspect the -same for purposes of dertE• c i.nc) whether Buyer is complying with the provisions of the Purcht Contract; with forty-eight hours (4 8) notice by Sellers to tiuyer . • 16. That title: to all of : ;a Ld real estate shall be and remain in the Sellers or t hu i. r tray ! ;feror until the purchase ; price, with interest, shall havc ba:!n pzti.d in full, upon payir+ent of which title shall pass to t tie 13ciyc:r, - and the Sellers shall convey a marketable title to ! ;,+id 1-0&11 Estate by deed of warranty, ' " accompanied an abstract of t i t. lu ce r t:.i f ied to date of conveyance , showing marketable title in Sellers, free of encumbrances except such as may ' have been created or permitted to accure by Buyer. 17. Until final payme of the balance due undo i t contract, Sellers shall retain a security interest in all Eye i:: ;ortal property, 'including inventory sold hereunder. The Security Agreement shall be in form approved by counsel for the Sellers. buyer agrees to execute and del.i.ver at closing the Security Agreement and such Financing ! ;t.at emetiLs as may be necessary to Perfect of record the security in terns L of Sellers . v i 18 . If an y :;uc h as Liquor License and other licences Used in t1jL2 , _ ...+ ion t.hu business are trans- ferred to thy: Buyer, it i t.ltkt t tht. Buyer will no+_ sell or transfer its interest ill :)ltt h 1} C: t:t1:;C i separate: from thL. transfer of its interest undi • t t.1 j contract of sale witliDut Sellers' written consent, not: ! -ha l i ::zt id 1.icertses be transferred to any other location. I f , f c l :tjjv cectson , this contract is terminated for default oil th I,cl t. t of" the Buyer, the Buy agrees to inucediately execute ,111 %. ( li vLr to the Sellers an assignment of it %in t'r .s t i tl :.ai.;1 1 Liquor licences and othr: r an " eanci : r 1'u cill :•uch acts as may be reeiuiredensessuchlitJsu to have such licenses re i ssut2cl i ,i the name of the Seller:. alone* 19. LIABILITIES O l A. To pay, before Percc attaches thereto, all real estate taxes oil S0 t t? rc:il. estatc due and payable f in the year 1980, C sul)Ee _.junt years, and special assessments due adc! p.iyable in 1980, and subsequent years, together w.i th .t prorzi, a payment for the real , estate taxes due c.-n(4 pciydble in the year 1979. B. To }gay all persona t pt ta.x of said bu;irnL!ss payable in 1980, ttcc! t:o pay all personal proper t:y taxes due and payi&b 1 t7. it, SUbs;equent years f rott ,tttct after the date h`1 . C. Not to u_.e s.,i i d ,i .•t t i 1 c, r any ot:lie r than the operation ()1 a cr_! tfcurant and on - sa.le i zc.UUf establishment and t()r p1lrposes incidental ther<•L(_). D. To comply in all with all ordinances c t local governmentil.t .iii0ior it it.:: -; and the laws of State of Minnesota, jiit o t:lie United States applicable thereto. E. To promptly lay a.11 C l,t.t.tit:: which shall accrue the premises for tact sewer and electric: i t_. " . f'. To keep the pro_mi: ;c•.1#, l:t:ti l(tit)cl and equipment, pLttr1)inq , drains, f ixtures 1 01 ci L t.t,ir: , alipl icances and m,il- ttine.ry in, upon, or servin tht: :;,tnt?, in good repair. G. To keep the buildiii..1 :. ,tad 1- furniture, and f fixtures min said preinise:i cc )it 1 i i.10u:: l y insured for their f u t. l insurable value j)c, l Lc•ies shall be payab is to tle Sellers and t1i • 1:; •.:t ,j :. their interests m.iy apj,wa r , and dup 1 i 1_, of t.h%: policies shall bra c12- livered to the Sell -Oi 1i. ' To indemnify and Etc of ec:t the Sellers against any and all claims for wrottii l ul tic.:it:h of persons and for Lit - juz i es to property occurs i ni_t in or upon' the said premises, or any E. t-1 tlers and at Buyer's sole cost and expense t_( 111u i.It tit i -n in force public liability insurance (with :;E! I I t•t as named additional assured therein) indemnitytnoi aivl pcotecting both the Sellers anti the Buyer aq.t t;t .t dfly Ctitd all claiuls for wrojigful death of and injui• to, per ; -;on; or property occurring in or upon the W t:ij limits of not less than one Hundred Thctu:: -wd G)0 Dollars for c.:,tch accident, and l ic;it( it liability .insurance with 1 1mi t-S cif 1 'i fay `i'tt~uti:;:tt ci '"Al 000 .00) Dollars, and to cl:1. iv`r duplicates of all , .'Wh P(.)l .r ties to Sellers . 1 i. Not to make any strcct , Lit CtTi_1l1ge. or alterations, ill the physical St.rtict Ll Vt (If t!)u bui lding wi thout the consent of the Selle i t %•rr i t ink; . In the event any improvements, addiL i o w; or a l t:cra tions are made to or upon the premi wi I!! (Ile %.W i r. t• en consent of the Sellers , the Buyer sh t l l pay for the same. and no obligation to pay any >>.rt tia.-reof shell rest unor. Sellers, and any such i nit)rovernent!; , additions or alterations shall heccme a part of the reel estate, and shall belong to the 1 ley i. r this contract is terrain- ated for default. cover:nts to pa as they he- come due, all just r kl iir:; foi labor, skL11 and materials. For the further proton t. i on of Sellers, Buyer covenants, 'upon regL14::.:. Lhe re fore by Sellers, to secure and furnish a lond Stith surety or sureties thereon satisfactory to Sellers, inden`n ifying Sellers all such 10SS, costs inid expenses by reasonagainst of statutory or other Ii- a > •Zinst said nremise!3 , or said huildinl„ for or on account of such labor skill and materials il in makil'V improVeTP.ents, alterations or additi Consent shall not be L'' reasonably withheld by Sellers.. J. To use said property only for the Purposes for wl) i c!: the same was designed; t:ha t Buyer wi 11 not abandol the property; that liuye r will not remove any of t t« personal property from said pr( -raises or ot dispose of the same, unless huyQr replaces the rei property with property of equal value; that Bu ;er %.)i not suffer any injury or damage to the property, N.jc,:r and careful use alone excepted. K. To pay all expenses incurred by Sellers-in enforc ; n - any of the covenant_: Of this contract, including r c_ sonahle attorney's fees L. To permit Seller and it!; representatives to ente uoot: said Premises at all reasonal -, le times to inspect h• same for the ptirposc of (4-terMi.ninp. whether the l.y: is complying, with the v)r. ov i si ons of the contract_ M. In case Buyer shall def tits] t in procuring, and pay i t15'. for insurance, or in pCiyi my taxes, assessments oz other charges which i l• is, req«i.red to Pay hereunc t:r Sellers shall have t ht! - r. i OIt t•.c pay for such • insirt'inC -e , taxes, or other chaff - V t-S , and any. amount so raid l y Sellers shall, with inLel st Zit the rate of Nine :in,1 One (9. 5 ° ,J) per. c:c ur >>( .r nnutn from date ofpit •,w become immediately duii.- ;11cl oZy and shall be .idded to the amount clue utide Uhis contract. 20. TITLE T ASSETS. •5ellevt: havii., cr will have, at clot: in) , good and marketable title to << l 1 of the assets to be sold and pur- chased hereunder, suh j c ( t t.o tit) c•nc: umTr. ape e , mor t n c , c• c>>1- ditional sales agreement, secttrit y agreement, f inanc i.il.v, statement, pledge, lien, claim or charge of any nature whatsoever except as here i nbefore set Forth. 21. EXISTING LICENSES AP1 L I CA'I I' M FOR , smANSF L'R OF LI (;1M- Q1~;N . Said o -sae liquor and rest:i«rrit: 1 >it:. ness presently is icvnsed by the appropriate licensing, joit•!1ur i t i.es for the op cif E C in on - sale and rescaur,-nt. I tt . ! Iors shall cpoperat u a aSSiJt Bdye: in the pr'cp.tt .it l4'ti ( .:w-nl ic;ttior rtr nt1' licenses if so reauired or :tip;. t .:.tt 101 , Fur thu transfer of existing licenses, to the requested by Buyer; provided, however, all. .':.t ti:;c•:. incident to the iSSLIanc of transfer of such 1 icensc: s .: hzi l 1. no he contr i hated to or he the. responsibility of Seller.:;. 22.- COVENAIN'T N',OT TO COMPETE It is understood by the Parties niereto at the success of ticc• IIii:.itcc:ss of :.•e11ers i.s to a substantial extend based doll per.-. contacts crec and maintained by Sellers. In coil:; i cic -rat icon o E the e;.:ecut iorl and due observance by Buyer ( J 111C Add i t. i opal. Terms to Cont.ruet for Deed, Sellers ,jointly C ;c•v hei - E-by specificall.-Y covenant and agree that rhey v! 1 1 l tic) t: , for a period of five (5 ) years from and after the ci;1to of cl: „i.tl, individually or in concert, enter into or enpap(! i.0 the on -sale liOuor or restaurant business within three (3) mi Lu:; 4) 17 1920 Rice Street, Maple . Minnesota. Should this Agrotllcnt be terr:;inated due to Buyer' S default, said restrictive cuvenatlt: shal'i be of no further force and effect. 23. ACCOUNTS KN'ECE ? :. A.-; an accorwioda t ion to Seller, Liver will collect, in thu or. diniiry cour.sc cif. business thu account_ s receivable which are at tr. ibui. iihlt to - lers and are not t part of the sale contemplated he reundcr . Sellers shall f ul n ish to Buyer at elusing a list ()F said accounts receivable and c;cr amount due. Any payments by any t.ltt- c (mi:in.uiclv tcecun+ :; hal 1 he app] i c'd f irst_ apaj i1: ;t ` ai d occ outlt reC (_' 1 V:t1)1U_ t:1c1 the monies collected On such ('011t.i,l1t i lt;' UY nc>li -Cnnt irtuink'. :. ( :aunts shall be remitted to Sellers w i t ho ut illy deduc t i cans . Huy(: r without the consent of Sellers shaL l nor co mnrontise or set: 1e for less than the full value ()F ally such acc lnt receive ' . Buyer shall exert reasonable:' cli! i .cctcf: in ccuc.tint suet .iCs abut shall not incur any 1 iabi l.it ies ;1:; the result. cif any 1 ' lure to collect any such accounts roc•e ivabl e . 24 . NC )TI CESS. All not ices , of Fers , rUc}ues is , and ether octurluna.cations front any of the narti e. hereto to the othet hall be in writing and shall be consi cered to have been cli.tl Oven or served if sent by f i i c. las ctrl if ied or reY .ist •r:! nail, return receipt reCl , oost aoc' nrena id , to the n,t rt: y at As or its address set forth below, or to Sttc+h other addre IS uch Marty may hereafter desit),nare by written notice to th-2 ether arties: A. If to Sellers, to 1). Patrick McCull.ouh, 905 Parkway Drive, SL. Patll , Minnes.ota 55106 B. If to Buyer, to Donnis F. l-ecic, 11411-1 Rice Street , St. Paul, Minnesot,a 55117 5 IMPORTANCE OF FACH COVE. NANT. Each covenant and a )ire_4.- , nL.nt 1 the part of one pnrty is U11dCr. 'it_()()d ilnd agreed to consc it ute t.-) essential part of the cans i dcr:lt.i on for. each covenant .inn ti;reement on the part of the cat tier part ie:; . 26 . WAIVER 01 BREACH . One oi m o r e of any coveno>e t , terms or condition of this A .rc•( tr+,:nt Ily either r) (rlrty shall cic t be construed as a wCaiver of a :;111 - ;equ41nL breach OF the S. covenant, terms or condition . ' 1 he c:oii,ent: or approval of c i ; her party to or of any act by thc• slit hor ri;i rt v of a nature real it i ny. consent or approval shall not lac• dc-emod to waive ur redde L111 necessary consent c cir npi)rovz I tif any sith st- ctuent sim i. l.i r - act The failure or delay can the P.tr•t :if a Ll -hel party Lo enfork'%.' or excereise at any t:i.tne an Of clec provi,Joiis, rights or re+ +wdi #_"; in this Agreement shall In no way lit' con- A-rued to hc: a wa i vL'1• hereof , or the right o" the val•t.v l t hereaf ter enforce each and every such provision, r i rht or ro i-dy . r .. part c ) I t t: i. Aq ret:ment or any partZ7. • INVALIDITY . If any >J" - f any prc vi s.i.on herco f :shill 1 I w 1 j t.1(l i czitcd to be void or hereof not rv:lid, then the iem,tininc; j,, t.,t;n.. specific.tlly o adjudicatedudicatcd to 1 } ilival id !Jic l 1 L ex crut wi,t ref 9. to the part or portion so acl tit! i : .LCI, insular as such remaining provisions are capable of ex 2L: .t 101) . 28. GOVERNING LAW This shall be subject to and overned by the laws of t1le Stat c Of 1"lilir:ESOta, and all questions 9 icon c the terms of thi:; concerning the meaning* and i n t c Agreement and concerning tile- v Lt t i U i ty ire rc:o f and que s ti.on:i re- lating to performance hereundu r sh-11 1 l_ e- Adjudged and resol in accordance-with the laws of t h..t t state, notwi.th:; tandin.j i the tact that one or more of rtt ElrtiEs iiow is or may hereafter become a resident of a diffe) utlt_ State. 29 HEADINGS. The headings of the paragraphs and sub paragraphs of this Agreement are for coin tc1i (:nce of reference only ,ar,c a t. not form a, part hereof and ill ti() w interpret or contr Luch , paragraphs and sub-paragraph!;. - INTERCIIAN OF :(.:U: J0.1 -11 ' SID SEVERAL iJIitE IL L 1T' . 30. pronouns shall be s r, <<:rCllallq a1)1e with respect t.0 Words and pro. - gender, and singular or plural. , as the context or applic` ~d.()n requires. If two or more part.a:5 are referred to collectvly under one designation, the l l <<U it i ty of each shall be col c:t and several. 31 IN 11%. 1r ERES '1' ''h.i.: i nt shall be bindinc; upon Pr'' ,RTIS •j • and Insure to Lhc: bc:n f .i t c t- t ft. 1t r: e;;,cutors , admn1 E;+ tors , s ors and assigns of. tlt r c:t.se parties, arlc3. thc, successors . ive parties and their repz't'--t--i tat ='= will execute any and al instruments, releases, asst = Jrlll'( nt::> , (tnc3 consents whici ma's reasonably " e required in ocdt3r to carry out the pro.1isi:s of this agreement. i . 3? , E;Z'3RE AG1Zzr -IF" . 'I'lli i t,st rtic,<<.c contains the ent Z re agreement tof the parties. IL lltay lloi_' be. changed orally bum only by an agreenten t in writing :; i. (j1led l)y ' t.tle party against :l, enforcement of any waiver, c;llL rru)ctification, extension car da. scharge i s sought. 33. C0UJ4'TERP This Agi eeii-.ellt may be executed in and numb e. of ccunterFar ±: , each of wide) sha.1 l be deemed to be dc: o: i`, inal , but all of which Shall be cct)st i tutc:cl one and the same instrument. 34.A.ADDTTIONS A14D AME DM1:NT:-,- Cont:rary to the provision:; in above Contract for Deed, and /or pr 1 )v + 5 in the ADDENDUM here tr), Buyer ryas the right to eithe2' paY L11 i.tunurince, Real Estate 'r-l:-c_S and Assessments directly and shc)t-v l ro,)t: thereof or pay 1 /12til to Sellers each month. ' B. To of f ecuate tho-- provi tote; i ti Paragraph 1, herein, Gary P. cormican is hereby appoi.itt -Lets =;OIe dln( exclusive agent of SUSci.i K. Cormican, for determinittion of COnL;ent relative to additions and /or alteration. t. t 114 TESTIMONY WHERi OCo t 1 %- P, t i0,5 hereto have hereunto set their hander this 0.,%. tits yt :r t: ir wri.t.e. P,- 'Qormi can by its A. STATE OF 141N1JESn'1 A) 111he , under:;i gned , by a i• f i xed SS i (piature hereto, ;t• r,--ally COU11'rY Off' Rte'= .i•:5E1' ) quaranty the terns ul«: obli- Iations as it relat c- to the The foregoing instrument wa:: Buyer. acknowledged before me this 14 _5) , - day f October, 197 rZ,(': - C,^Y _Icoyel 7' C.l.a usen 6/11 Samba J 'CIauss`r, y c% r ( r /r. ti- at J . rte• -. _ • :, • . .. - _-. _ -. -.. -- ` ti i 1 i was d clfted 1>y D. Patrick McCullough and A:; -c)- . 905 Parkway Drive St. Paul, Minnesota 55106 STATE; OF MI iVIIJI:SOTA) ' COUNTY OF ItrV -1SEY The foregoing ins j tim. n_ wa,; -c:knowledcled hefor :iie this dc o f 1 ) j _ _ Y and Sari ra J. Claussert of C M i nllesUta corpora t - icon, on behalf of the corparati cm _ " " -- IL t / s 1 JOHN M. AND BETTE L. VITALE ST. PAUL, MINNESOTA FINANCIAL STATEMENTS November 1. 1981 UNAUDITED 1 CONTENTS PAGE Balance Sheet Exhibit -A 1 Nc,t es and Contracts Receivable Schedule 1 2 Y,5 able Securities Schedule 2 3 neo' Estate Owned Schedule 3 4 i-.us 1 n.ess Investments HI -Vue Est a t es - A Proprietorship Schedule 4 5 R; - JV Investment Company A Partnership Schedule 5 6 t r,(.!r Partnerships Schedule 5 f C1 and Gas Frogr ams Schedule 6 7 C)+, her Assets Schedule 6 7 Mc)r t g ages Payable Schedule 7 8 got es Pa yable Schedule 8 9 Annual Income Schedule 9 10 JOHN M. AND BETTE L. V I TALE BALANCE SHEET EXHIBIT A As at November 1, 1981 Unaudited ASSETS LIABILITI AND NET WORTH Bbl 1 hies e - 7 $ 856 , 200 $ 856 , 200 1cr tgages Pa'vable Schedule U04 t • Sc.hedule - 8 12,000 12, ores. Pa }able Income Taxes on Asset Appreciation. TOTAL LIABILITIES wURTH JOHN M. AND BETTE L. VITALE TOTAL LIABILITIES AND NET WORTH 120,000 868 $ 988,200 1,406 4 2,276 $ 5 1- Fair Cost Market Basis Value Cz:sh - Checking & Savings 1 153,004 492 000 153,000 492 f '' Contracts ReceivableCb Schedule -if f: d_ %, ' dual Retirement Account 137, 000 183 000 College Life Insurance Co. r4arketable Securities Schedule 2 99,525 47,950 Estate Owned Schedule 3 106141500 206321000 c :)s lress Inves PI-oprietorship tatehl - Vue £s Schedule 4 1.5 661 Partnerships RD - ' I Co.Schedule 5 430 275,500vestment tither Schedule 6 65 502 Lroaramsj11andGas _Schedule 6 6 68,600 90 59,000 90 Ass Schedule T '^AL ASSETS 2 74 0 -625 S 5 096 , i D LIABILITI AND NET WORTH Bbl 1 hies e - 7 $ 856 , 200 $ 856 , 200 1cr tgages Pa'vable Schedule U04 t • Sc.hedule - 8 12,000 12, ores. Pa }able Income Taxes on Asset Appreciation. TOTAL LIABILITIES wURTH JOHN M. AND BETTE L. VITALE TOTAL LIABILITIES AND NET WORTH 120,000 868 $ 988,200 1,406 4 2,276 $ 5 1- f 4 JOHN M. AND BETTE L. V ITA LE NOTES AN CONTRACTS RECEIVABLE SCHEDULE OF N As at November. 1, 1981 Unaudited NORDEY AND VIRGEL NORDSTROM interest in. 1982. Annual m, o rtizatior: of principal and interest In 55,604. FARM interestst _ maturing in 1985. Annual m crt i-Zation or principal and interest I LLI AM T AND THVMAS H. MC KEE I n t o r. est - maturing in 1983. Annual lzation cf principal and interest 1 51,Soo. T E,'RpR maturingin i n 19900 Annual r.t merest _ 9 o ,ort lzat on of interest and principal no0 Inter maturing in 2000. Annual c m C r t 1 zat cn of interest and principal is $4,250. CARL. LANE interest - maturing in 1985. Annual i Ic • T ` 12at ion. of principal and interest 9,900• rH.LEN PARK HALL interest - maturing in 1983. Annual Grnc,r tiz atior. of interest only is $11,8 TOTAL rro EXHIBIT - A 0 Cos t Basis 15,000 14,000 4 90,000 295,000 morellmel SCHEDULE - 1 Fair. Market Value 15,000 000 4,000 90,000 295,000 S1 111 840000 8-x,000 492 492,000 2- JOHN M. AND BETTE L. VI TALE SCHED OF M SECURITIES4 As at November 1, 1981 unaudited TOTAL TO EXHIBIT - A 3- SCHEDULE -2 Shares A: lc En , In .13 , 320 S . Er.er -Mark 6 666 ar. `acs t 5 , 000 a„ - Cr. , Inc .6 , 100 Man agemen t 1 , 500 rionmer•tal Tecnnologv Corp.r I • L 1.1, 700 ma ted Systems 600 E%lectro^.ics, Inc .3,100 7 000 rr Est own. Enterprise, Inc.400 Sievert Mf 200 apertech Corp.1 i is Serv. . Co. of lndi ana 100 Denney Co.110 Jude Meiical , Inc .200 TOTAL TO EXHIBIT - A 3- SCHEDULE -2 99 $ 4 7 , 950 Fair. Cost Market Basis Value 66 S 13,300 10,000 10,000 2 2,500 4, D75 575 800 1,12 850 850 1,575 600 2 3 000 1,250 1,000 400 3 00 200 200 1,000 1 000 2 1,600 2 2,800 2,900 4 99 $ 4 7 , 950 4 V TTALETTEL.JOHN M. AND BE., SCHEADULE-i CF Rr,-.,"-.L FSTATEJ OWNED As at November 1 tihlto Bear La'%'O, N r S In a.,L Res 1 t tie S t Fa u.' clC-na r o p e tVasn A-t a L 0 M. a pri.n. Cal irornia a n erc: 3 Res White Fear- Lalr'e#e r %9' 14. L r Re r. t a I Pro NF' a3, St PaulLecaP. Ej I t r pe r t Y rtfLC74 t 1 t t 1 e Car: !:3 0 ad, st. Paul, MN i-,:.:r t a Property R c a ar. I Labore Avenue r c- s f U r. C e eloped Land 1 n. g s ,e Z palm S r i 1a T A L E#.-#XH1B1T - A 1 V crinter0epreser. t s *1 i E, DUT 3 r C; t 180 b i 3 0 0 185 000 63 30 0 475 000 X5,1 ,j Ij 000 U j kj 490 000 d 50 j U 57 000 56 ez 614 4- I 1 JOHN M. AND BUTTE L. VITALE SCHED OF HI —VUE ESTATES SCHEDULE — 4 APROPRIETORSHIP As at November 1, 1981 Unaud 5- Fair Net Fair. Market Marke Value Liabilities Value Cass 8,000 8,000 cc ;ants Receivable 1,500 1,500 epa Exper.ses 12 , 200 12 , 200 r. Sul lrc ;5 1 , 000 , 000 430, 000 5'i0 , UUu 11L1 ment Trailers & Truck 75, 000 3, 500 71, 500 Accounts Pavable 2 2 0000 } TOTAL TO EXHIBIT - A 1 435,500 661 5- w • JOHN M.AND BETTE L. VITALE Net Fair. SCHEDULE OF RD--JV INVESTMENT COMPANY SCHEDULE - 5 Market A PARTNERSHIP Market As at November 1, 1981 Owned Value Una ud i t ed. 1 , 810, 000 25.0% Fair Net Fair Market Market r raer Hl l l s 4 50 , 000 Value Liabilities Value n 3 , 000 3 , 000 r.cract for Deed Receivable 205,000 205,000 eal Estate 502 seller Parkway 80,000 100,000 Acapulco, Mexico 30,000 30,000 i; eci Partnerships Ce ar Riverside 150, 000 150, U00 homrcck Court Apartments 63,000 63,000 TOTAL 531 -0-551,00u 50% INTEREST TO EXHIBIT A 275,500 SCHEDULE OF OTHER PARTNERSHIPS As at November 1, 1981 6- Vitale Fair Net Fair.Fair Market Market Percent Market Value Liabilities Value Owned Value 20 150, 000 $340 1 , 810, 000 25.0%452 , 500 Estates r raer Hl l l s 4 50 , 000 400 , 000 12.5%50 , 000 Development TOTAL TO EXHIBIT - A 502 6- JOHN M. AND BETTE L. VITALE SCHEDULE OF OIL AND GAS PROGRAMS SCHEDULE - 6 As at November 1, 1981 Unaudited den. t u r a Petroleum Fund 76 cn. tura Petroleum Fund 77 ln.ce Allen. Alpha 76 Program, Ltd. once tiller. Beta 7. TOTAL TO EXHIBIT - A SCHEDULE OF OTHER ASSETS As at November 1, 1981 Unaudited Fair Cost Market Basis Value rson.a 1 Prope $ 60 , 000 $ 60 , 000 r_ Automobile 25 25 Of r ice Furniture 5 , 000 5 TOTAL TO EXHIBIT - A $ 90 L. 000 $ 90,000 r Fair Cost Market Basis Value 8 700 14 15,000 9,000 19,900 22.000 25,000 14,000 68,600 59 SCHEDULE OF OTHER ASSETS As at November 1, 1981 Unaudited Fair Cost Market Basis Value rson.a 1 Prope $ 60 , 000 $ 60 , 000 r_ Automobile 25 25 Of r ice Furniture 5 , 000 5 TOTAL TO EXHIBIT - A $ 90 L. 000 $ 90,000 r a A 1 18 JOHN M.AND BETTE L. V I TA LE Real SCHEDULE OF ;MORTGAGES PAYABLE SCHEDULE - 7 2548 As at November 1, 1981 interest i White Unaudited 1?, - 00. Fair Bib. beau cost Market Pavable 7b Collateral Basis Value r st National Bar of St . Paul Estate - 5 Acres amort izat interest - maturing in 1988.Real Estate - Rd. "E" & Labor_e Rd. ta1 amortization cf pt ircipal 75 W. Little Canada Rd. St. a:. interest is S5, 060.St. Paul , ,Minnesota 24 , 000 $ 24 , G00 1 sc or s i n. Lif e Insurance Company i interest maturing in 2004.Real Estate - rrual amortizaticn of principal 93 W. Lit tle Canada Rd . interest is $28, 900.St . Paul , Minresot a 257,100 25 1 0 100 Cor. s j r. Lis e Ins ur anc e Company interest - maturing in Real Estate - 184 . Annual amortizatior. of 93 W. Little Canada Rd. pr ^c:l pat a~' interest is St . Paul , Mirr:esota 35 35 , 000 urltti rac;f Bark 8 -j /4 °0 interest - maturing in Real Estate - 2'. ju6 . A=.ual amortization of 2903 Alta Loma Pr_.:clpai and interest is Palm Springs, Calif.46 46, 000 crCC t . at e wan interest - maturing in Real Estate - An ual amcrtization. of 1 E. Little Canada Rd. V r :rca. pal and interest is St. Paul, Minnesota 384 , 500 384 , 500 C142 420* First Federal Savings & Lcan. I s r It 2_ in t zrest mat ur irg in Real Estate - 2025. ..nnual amortization. of 2548 Glen oaks Avenue pr a_ncypa1 and interest i White Bear. Lake, MN 1?, - 00. Bib. beau r. t ere ',t -maturing in 1981.Real Estate - 5 Acres amort izat icn. or principal co.Rd. "E" & Labor_e Rd. pryJ r. t e res t is S12 1500.St.Paul, Minnesota T'Cr.1'AL TO EXHIBIT - A 99 99 10,000 10,000 856 200 $ 8561200 i Y F: t \ JOHN M. AND BETTE L VITALE SCHEDULE OF MOTES PAYABLE As at November 1, 1981 Ur.. a ud i t ed F To 1 'r lr wst atfora Bar.: Df St. Paul SCHEDULE - 8 Fai Interest Cost Market Collateral Rate Basis Value Stocks 8.9% $ 12 $12 TOTAL TO EXHIBIT - A $12 ,000 9.. d JOHN M. AND BETTE L. V I TA LE SCHEDULE OF ANNUAL INCOME As at November. 1, 1981 Unaudited or.tracts Receivable 41 Carla Lane Nordby and Nordstrom Dupont i Farm Mc Kee Phalen Park Hall rep+ E n t e r p r i s e s esert Holiday Motel Partnership North Star Estates talVic.. .: i5 , . Little Canada Rd., St . Paul 5550 Centervi Rd, , White Bear. Lake 73 w . L i t t l e Canada Rd . , St . Paul i E . Li t t le Canada Rd. , St . Paul TOTAL ANNUAL INCOME 10- SCHEDULE -- 9 S 9 , 900 5,600 3 300 1,800 11,800 19 44,200 25 12,000 2,400 96,000 72,000 303,800 r f 2:5707: 2 B 0310100.009101 4& 0 PWj[,/q37wORl/MN0b - fv" El OOMN MARIO UR/E 21 MAP*LEWOOD Po NA MNITLAL / MoRAC/W*P ElOB/I 12829 ,SEX RICM4FED CMIEF RV/ SCHALLER? CIND I No CHR I EXIT S OR IS N Ez 61 10 0 oo I . o 0 40 00 I A I E W1CO 0 ]:ED) 4 0; 1 1380 1'tt ); "t .•l :. 1 ' t; I.1 1: VOO1). \I I '.' l: O'1.1 545109 t I)I I':k'1'.1I:.:'1' C)I PUBLIC SAI'I:TY OFFICI-: 01' CII I F OF POLICE77045. February 2, 1982 Ramsey County Sheriff's Office 3401 North Rice Street St. Paul, Minnesota 55112 Gentlemen: t would be greatly appreciated if you wound check your records for the following name: John Mario Vitale DOB 11 -28 -28 Current - 2548 Glen Oaks White Bear Lake, MN 55110 Prior - 741 Carla Lane St. Paul ., MN 55109 T n ank you for your attest i on to this matter. Very truly yours, R. W. Schaller, Chief of Police Maplewood Police Department cc Liquor File City Clerk 82- 001080 1380 1: S.I. AVEN I ' j: I.11'I.1:'( )t )1, \I I X N 1 .So )'I'.\ I)I• : }'.K "T'.11N:'I' C) } }'L'}iI,IC; .'}• :'I *Y OI~'1 ICI~: OF CNIFF OF POLICE February 2, 1982 Chief Peter Korol chuk Whi Bear Lake Police Department 250 Miller Whi Bear Lake, MN 55110 Ljf` jr Chii of }:orol ehuk it Would be greatly appreciated if you would check your records for the f o l l o w i n g n a;ne : John Mario Vitale DOB 11 -28 -28 Current - 2548 Glen Oaks White Rea 1 ake., MIN 55110 Prior 741 Carla Lane St. Paul, MN 55109 t r,. you .for your attention to this matter. Very truly yours, R. W. Schaller, Chief of Police Maplewood Police Department P.WS:js U liquor File City Clerk 82- 001080 CIT"r (')F X \ 11L I" J:;t) IIt ) "J' !•:.' t ' I: NI A J'1.1;W001). .\11X 1:S0 )'F.1 »I(y) 4'3U I)I:1':IZ "1'.11 I•:. "l' ( } }'l.' lil, l ' :'1 l: "1 ' ---- OF Y IC.'I•: (:)F L OF POLICE February 2, 1982 Department of Public Safety State of Minnesota Liquor Control Division 480 Cedar Street St. Paul, Minnesota 55101 jent 1 eriien : t would be greatly appreciated if you would check your records for tic following name: John Mario Vitale DOB 11 -28 -28 Current - 2548 Glen Oaks White Bear Lake, Mrs 55110 w Prior - 741 Carl Lane St. Paul, Mid 55109 Thank you for your attention to this matter. Very truly yours, R. W. Schaller, Chief of Pol ice Maplewood Police Department Rws:js cc Liquor F it e City Clerk 82- 001080 1. TIME PHONED R.C. CITY OF MAPLEWOOD 3. DAY MO. DATE YEAR 1 4. TIME 5. DISTRICT 9. OFFENSE RECLASSIFIED 12. ADDITIONAL PROPERTY TAKEN IN ORIGINAL OFFENSE 2. CN # SUPPLEMENTARY POLICE DEPARTMENT 6. SQUAD OR UNIT 17. OFFENSE ORIGINALLY REPORTED 1 8. OFFENSE CHANGED TO 10. TIME AND DATE OF THIS REPORT 11. MULTIPLE CLEAR UP YES NO 13. VALUE 14. DESCRIBE ARTICLES RECOVERED RECORDS CRIME LAB LOCKER 15. VALUE DISPOSITION CRIME LAB PROPERTY ROOM 16. NARRATIVE: SHOW CASE DEVELOPMENTS SINCE LAST REPORT. DESCRIBE PROPERTY RECOVERED AND VALUE. GIVE NAMES AND ARREST NUMBERS OF PERSONS ARRESTED.IF OFFENSE CLASS CHANGED, EXPLAIN WHY. IF MULTIPLE CLEAR UP LIST ALL ORIGINAL C.N. IF ARREST ARREST NUMBER LAST NAME FIRST MIDDLE ADDRESS D.O.B.AGE SEX .PHONE s 17. FURTHER ACTION AND REPORT REQUIRED 18. STATUS YES NO CLEARED BY ARREST NOT CLEARED UNFOUNDED EXCEPTIONAL CLEARANCE 19. REPORTING OFFICER BADGE REPORT ING OFFICER BADGE TYPIST SUPERVISOR 1. TIME PHONED R.C.2.CNil CITY OF MAPLEWOOD SUPPLEMENTARY POLICE DEPARTMENT Rx" 0 a/ p 8 3. DAY MO. DATE YEAR 4. TIME 5. DISTRICT 6. SQUAD OR UNIT 7. OFFENSE ORIGINALLY REPORTED 8. OFFENSE CHANGED TO 9. OFFENSE RECLASSIFIED 10. TIME AND DATE OF THIS REPORT 11. MULTIPLE CLEAR UP YES NO 12. ADDITIONAL PROPERTY TAKEN IN ORIGINAL OFFENSE 13. VALUE 14. DESCRIBE ARTICLES RECOVERED RECORDS CRIME LAB LOCKER 15. VALUE DISPOSITION CRIME LAB PROPERTY ROOM 16. NARRATIVE: SHOW CASE DEVELOPMENTS SINCE LAST REPORT. DESCRIBE PROPERTY RECOVERED AND VALUE. GIVE NAMES AND ARREST NUMBERS OF PERSONS ARRESTED. IF OFFENSE CLASS CHANGED, EXPLAIN WHY. IF MULTIPLE CLEAR UP LIST ALL ORIGINAL C.N. IF ARREST ARREST NUMBER _ LAST NAME FIRST MIDDLE ADDRESS D.O.B. AGE SEX PHONE og8:3 0831 a,& '00- r—'v 'I 'Joy a- A.— Av... ALe-ooz -A.V-*X a v 1 dwWgAtame 3 c > Mk4 .. Q it \ n r. I.Iw.0 X I.L./ 0.. /4.1.. 1.*A eoo" a- LAIL 24 xG I MAO & MA,---dAL 17. FURTHER ACTION AN EPORT R U1 Q 18. STATUS YES NO CLEARED BY ARHES T NOT CLEARED C7 UNFOUNDED EXCEPTIONAL CLEARANCE 19. REPORTING OFFICER HADGE REPORTING Ot-FICER BADGE TYPIST SUPERVISOR Q - MO,-, i Imo. . ; . X 12 MAPLEWOOD POLICE DEPARTMENT SUPPLEMENTARY REPORT DATE REPORTED TIME REPORTED CASE CONTROL NO. OFFENSE ORIGINALLY REPORTED OFt-ENSE CHANGED TO COMPLAINANTIV"ICTIM V ADD SS HE PORTING OFFICER BADGE # SQUAD MUST. CLEARANCE FURTHER ACTION /REPORT REQ.45ew — YES NO YES NO ATUS CLEARED BY ARREST NOT CLEARED UNFOUNDED CLEARANCE vNRRATIVE. SHOWCASE DEVELOPMENTS SINCE LAST REPORT. IF PROPERTY, EVIDENCE OR WITNESS IDENTIFIED, USE PAGE 2 OFFENSE/ INCIDENT REPORT. IF SOMEONE IS ARRESTED, USE ARREST /CITATION REPORT. IF OFFENSE CHANGED, EXPLAIN WHY. IF MULTIPLE CLEARANCE, LIST ALL ORIGINAL CASE NUMBERS. n coo H m n o Z o t1 f i F 3 March 12, 1982 STAFF REPORT To.: City Manager Barry Evans From: Chief of Police R. W. Schaller Subject: Liquor License Application of Roger Thomas Cl aussen for C1 aussen, Inc., dba Stagecoach Lounge & Restaurant, 2280 Maplewood Drive Mr. C1 aussen desires to operate an on -sale liquor license at the present Eddie Arnold's Chicken Shack location, 2280 Maplewood Drive (Keller Lake Shopping Center). He has sold his business premises on Rice Street to Mr. John Vitale, and Mr. Vitale has taken a new license for that location. There is no license at present for Eddie Arnold's Chicken Shack, so any license for that location will be a new license. This, it appears, w i l l also be our license number 18 and, according to law, appears to be the final license we can issue if it is issued. Our cursory background of Mr. Claussen reveals nothing to preclude his obtaining a license. RWS j s cc 82- 002221 Deputy Chief Hagen City Clerk Liquor File CITY OF MAPLEWOOD APPLICATION FOR INTOIICATING LIQUOR LICENSE THIS APPLICATION SHALL BE SUBMITTED IN DUPLICATE Whoever shall knowingly and wilfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. In answering the following questions "'APPLICANTS" shall be governed as follows: For a Cor- porution one officer, shall execute this application for all officers, directors and stockholders. For a part - nership one of the "APPLICANTS" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED pnid Individual owner, officer or partner) for and in behalf of Cl a u s s ell Inc. hereby apply for an Ur Sale Intoxicating Liquor License to he located at lrr ive p : -:a e ud 223.0 l aple%:ood? }riy Cpl tQ -f-oI I — in the City of Give address and legal description) Maplewood, County of Ramsey, State of Minnesota, in accordance with the provisions of Ordinance No. 95 of Maplewood. 2. Give applicants' date of birth: 11 i C"Olaus ______ -1 944-- - Day) (1- onth) (Year) z:ncLro J -'' Ulsuss 3. The residence for each of the applicants named herein for the past five years is as follows: 1 1 11-n g. of 1997 Clark St. Ea- plet;ood, 1 inn. 5511_ 2019 St. llaplewood, Minn. 55117 4. Is the applicant a citizen of the United States ?— YaR If naturalized state date and place of naturalizatio If a corporation or partnership, state citizenship including naturalization of each officer or partner. Sandra J. Claussan ...... ,citizen 5. The person who executes this application shall give wife's or husband's full name and address. Sandra J. C1ausioe 430 Belmon Ik:ne, tlaplP rood, Ttinn. 55117 Sandra J. Claussen---------- -- liousewige and waitress r'). What occupations have applicant and associates in this application followed for the past five years? r 7. if partnership, state name and address of each partner._ _._ If a corporation, date of incorporation__ 28t1i of 1'ebru, :.ry _ 19 , state in which incorporated_ i n es o .tfa _ , amount of authorized capitalization 4.20 00000 amount of paid in capital 0000.00 if a subsidiary of any other corporation, so state_ NI give purpose of corporation a nn e name and address of all officers, directors and stockholders and the number of shares held by each: er 1 CIC us a e 1 430lelLon Lane T •` Name) (Address) City) Se -ndra J. Claussen 430 Belmont Lane Vpaplewood, ?.",inn If incorporated under the hvvvs of another state, is corporation authorized to do business in this State? . Number of certificate of authority If this application is for a new Corporation, include a certified cony of Articles of Incorporation and By -Laws. S. On what floor is the establishment located, or to be located ?i' a F1QQr , 9. If operating under a zoning ordinance, how is the location of the building classified? Juisnesa Commerical , Is the building located within the prescribed area for such license? Yes Is the establishment located near an academy, college, university, church, grade or, high school? o • .State the approximate distance of the establishment from such school or churc 11. State name and address of owner of buildingWe True Value Hardware 1 570 }1-wv_ 101 Shakopee, 553 — ! _ ; has owner of building any connection, directly or in- directly, with applicant ? l y that I will be paying him rent. 12. Are the taxes on the above property delinquent? No 13. State whether applicant, or any of his associates in this application, have ever had ail application for a Liquor License rejected by any municipality or State authority; if so, give date and details one 14. Has the applicant, or any of his associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for r any violation of such laws or local ordinances; if so, give date and detail '' • Ll ; -, F 15. State whether applicant, or any of his associates in this application, during that past five years were ever convicted of any Liquor .Law violations or any crime in this state, or any other state, or under Federal Laws, and if so, give date and details --Nona _ - is applicant, or anNT of his associates in this npplication, a member of the governing body of the municipality in which this license is to be issued? If so, in what capacity? 17. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment in the premises for which license is applied, cand' if so, give names and details oS _Lit,, _. 1.)anh . _1.,cCa_rron Bills ?ranch in 1•;u_ple _ 1 s. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of 'Minnesota? _ . Give name and .address of such establishment Loun 1 1820 - Bic e S C .1sod,- Lirui - - - -- - 19. furnish the names and addresses of at least three business references, including one bank refer- ence esters , Jt. _ ,,, ounds rorj. Quick— ton 4 i nn. 1. ,• 11. i ebuild ins* 460 Rio. f or, Saul . i:inn. Do you possess a retail dealer's identification card issued by the Liquor ControlCommissioner. 11Ch exwill ire December 31st of this year? Give number of sameV p 1 21. Does applicant intend to sell intoxicating liquor to other than the consumer ?pia — State whether applicant intends to possess, operate or permit the possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice, gam- bling device and apparatus, or permit any gambling therein NO 23. Are the premises now occupied, or to be occupied by the applicant entirely separate and exeltisive from any other business establishment? Z 24. State trade name to be used 25. State name of person that will operate store._.13nge7- T.—B:- `-• -J — --- - 2 . Give Federal Retail Liquor Dealer's Tax Stamp Numbers 70— I27. If off sale license is bein applied for, do you intend to deliver li b vehicle? I ___ / A_, If sop state number of motor vehicle permits issued b Li Control Commissioner for current year S. If you are buildin a ne%%• buildin for the purposes for which this application is being made, please submit plans and specifications with this application. 2.) -ill be as follows: 11FinancinoftheconstructionofthisbuildinN% 0. Furnish a Personal financial statement with this alMication. If a partnership, furnish financial state- ment of each partner. 4"P1. Give des•riptiull of t of operation if this is an on-sale license application (i.e. whether cock- tail loun nite club, restaurant, etc., sI)ecifYin;,1, capacit b number of customers and an other pertinent data)-_-- sale liquor, beer and wine s',iort order food lull re ' ntals,, caterin O'eatin capacit in loun and eatin area 1509 ]!all rento.1 or dcance area 400. What previous expei •ience have you lead in the operation of the t of business described in the answer to No. 31 above "lave Wried and operated Waalet Loun; -e 1 C"i 2 0 IR i c e t since October 19, 1979 01.3. Applicant, and his associates in this application, will strictl compl with all the laws of the State of Alinnesota governing the taxation and the sale of intoxicatin li rules and re promul b the Li Control Commissioner; and all ordinances of the municipalit and I hereb certif that I hfive read the foregoing questions and that the answers to said questions ire true of m own knoNk-led 75 Signture of Applicant) Sulscri6ed and sworn to before me this da of THIS APPLICATION MUST BE ACCO'MPANIF,41) WITH YOV)'R CHECK FOR THE F111.1.411' LICENSE PERIOD. I is being applied for do you - intend to deliver liquor by vehicle? 1 .7. If off sale license g pp Ii so, state number of motor vehicle permits issued by Liquor Control Commissioner for current year 28. if you are building a ne«• building for the purposes for «•hick this application is being made, please submit plans and specifications with this application. Ol Financing of the construction of this building will be as follows: N/A 9(. rurnish a personal financial statement «•ith this application. if a partnership, furnish financial state- nient of each partner. Give descriptiun of tN'i e of operation if this is an on -sale licei)se application (i.e. whether cock- tail lounge, site club, restaurant, etc., specifying capacity by number of customers and any other pertinent data)'_ ._ . Sale-', liuuor, beer and wA e; wort orde food, 1. Ball r c S capacit in loun and eatinfr are ia11 rea tal or :'ante area AGO. -- -- - - -- -- - — What previous experience have you had in the operation of the type of business described in the T h d nd operatedaveowtneaop Chalet L 1 S2G n ; 0 answer to l~ o. 31 above _ _- n -- y c e t si Octob 19 197 - -- - - -- - — _--- -_ -- -- -- -- — -- _ __ -- - -- I)llir:nt, and his assc)c•i:itcls in this application, %%strictly comply v all the la% % of the - State of l\linne.s eta governing the taxation and the sale of intoxicating liquor; rules and regulations prc,naull,ated iiy the I.iiltior Control Commissioner; and all ordinances of the municipality; and 1 tier by certify that 111.1\•c read the foregoing questions and that the answers to said questions ire t1 of my own kno%viedge. / Signature of Applicant) - ub zc•rihed and sworn to before me this day of 19 . TIMS APPLICATION M1T:'T BE ACCOMPANIED WITB YOUR CHECK i Ult TIM i' MST LICENSE PE-MOD. REPORT ON APPLICANT OR APPLICANTS BY I'OI -I(;I: DEPARTMENT This is to certify that PIhtthea licchit, or his associates named herein have not been convicted with - five years for any violation of Ljaw•s of the State of :Minnesota, or Municipal Ordinances in the pas t relating to Intoxicating liquor, except as hereinafter stated. MAPLEWOOD POLICE DEPARTMENT Approved by: Title. REPORT ON PREMISES BY FIRE. DEPARTMENT This is to certify that the premises herein described have been inspected and that all Laws of the State of Mln nesota and Municipal Ordinances relating to Fire Protection have been complied with. 1N1A1'I,iJWO0D FIRE DEPARTMENT Approved by: Title. C LAU SSEN INC* BALANCE SHEET 6_30 -81 ASSETS 19218.03 Cash 8,069.9? Inventory 5 8 610.75uientEquipment Reserve for Depreciation 16 3!,9.27 42,261 o48 ImprovementImp Accumulated Amortization 3 ' 2 43,62 609.75 10 Licenses TOTAL ASSETS 62,159.23 LIA BI U TI ES & NET WORTH s Accounts Payable L408*10 52008930 Notes Payable 17, ?86.05 Loans from Stockholder 1 4O4 Capital Stock (16,L43o22EarnedDeficit TOTAL LIABILITIES & NET WORTH 62 51*23 See Compilation Report Revenue Cost of Goods Sold Gross Operating Income Rental Income Vending Income Total Gross Income Gen & Admin. Expense Supplies Wages Payroll Tax Maintenance Advertising Utilities Professional Fees Laundry Insurance License Music Office Supplies Rubbish Bank Charges Rent Real Estate Tax Equipment Rental State Income Tax Interest Depreciation Amortization Total Expenses Net Income CLAUSSEN INC PROFIT & IDSS STATEMDU 7 -14080 TKRU 6 -30 -$1 1 29, 918.24 2, 597, 22 9,826.00 17,637.56 8,138.31 1,590.00 792.54 b92.78 3,934•75 io,255.75 4b.65 990.00 195.18 31,200.00 41561*19 58,o2.5 ioo.o 5.9008 9,598.b5 See Compilation Report 201,263,23 80 327.82 120, 93 . 21,728.76 l 0 219 , 05 712 1L6 305.56 6.29577 066 MEMORANDUM TO: City Manager FROM: Assistant City Engineer DATE: March 8, 1982 SUBJECT: Holloway Avenue Sterl i.ng Street Joint Powers Improvement' Project No. 81 -12 Submitted herewith is the Engineering Feasibility Report for the above referenced project. This is a Joint Powers Improvement between the cities of North St. Paul and Maplewood and Ramsey County. The City of North St. Paul w i l l be conducting a Public Hearing for their affected residents on April 12, 1982 and Ramsey County Engineer will be presenting the report to the County Commissioner after the Maple- wood Public Hearing. We are therefore recommending that the Maplewood City Council establish a date for Public Hearing on April 15, 1982 during their regular meeting, RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Holloway Avenue and Sterling treet bg Y construction of street, storm sewer, sanitary sewer, watermain and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvements 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 Holloway Avenue and Sterling Street by construction of street, storm sewer, sanitary sewer, watermai n and appurtenances is feasible and should best be made as proposed, is hereby received. 2: The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.S. Chapter 429, at an estimated total cost of the improvement of $1,867,,174.00. 3. A public hearing will be held in the Council.Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 15th day of April, 1982, at 7:00 p.m. to consider said improve - ment. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. J00:0 G I N KEL & GALLAGHER ATTO R N EYS AT LAW 1210 COMMERCE BUILDING ST. PAUL, MINN. 5 51 O 1 ROGER L. GINKEL PATRICK J. GALLAGHER March 11, 1982 City 'of - Maplewood Attn: Lucille Aurelius 1380 Front Ave. Maplewood, Minn. , 55109 PHONE 612) 224 -4741 Re: White Bear Avenue -- 11th Avenue Herb S chouveller Dear Lucille: I am requesting that you reserve a place on the agenda for the next Maplewood City Council Meeting on March 18, 1982 for a presentation to be made by Mr. Schouveller and myself concerning the proposed cash connection charges to be made against the above referenced property. It is our position that Mr. Schouveller's property does not front on 11th Avenue and that it does not receive any benefit from the sewer and water improvements on 11th Avenue, and therefore his property should not be assessed these cash con - nection charges. I would appreciate receiving a verification of our place on the Council Meeting Agenda as well as the time and location of the meeting. Sincerely X_4 Timothy J. Jessen TJJ:DR y l ' O n 'ter ( . ......,... .. ...._ . .......... 100 2 am 46W MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Code Amendment: Definition of Family APPLICANT: Department of Community Development DATE. January 21 1982 Re 1. To amend the definition of "family" to limit the number of nonrelated members. 2. To establish definiti for rooming and boarding houses . Reasons for Chan e A Councilman and at least one Planning Commissioner have noted a concern by residents with an increase in nonrelated residents in single - dwellings. iTimeMaga ne rep a national trend involving unrelated buyers who double up z to beat the hi h costs of homeownership. This sharing may be done by singles, couples, .or senior ci ti zens . Houses i n some. part of the country are being specifical for these situations, with identically sized master bedrooms at opposite ends of the house. Objectives of the Amendment 1. Top qreservethequiet, family-oriented character of neighborhoods. 2. To limitt the problems of parking, traffic, congestion, and overcrowding in neighborhoods. 3. To allow a reasonable number of nonrelated individuals to live as a single housekeeping unit. 4. To allow a reasonable number of nonrelated individuals to reside as roomers with a family of related persons CONCLUSION Analysis To limit the number of nonrelated persons permitted to reside together in a singlee dwel l i n 9 zoning district, two issues should be addressed: a The number of nonrelated persons that should be permitted to reside 1 e housekeeping unit.together as sole occupants. of a sin g duals that should beb. The number of nonrelated indivpermitted to resideiP as roomers with a famil of related i n d i v i d u a l s * E the number of unrelated individuals necessary for status as a A related issue rooming or boarding house, should also be a.ddresse d . Nonrelated Persons as Sole Occupants of a Dwelling Unit e the sole occu dwelling unit, a limit ofantsofa When nonrel ated individuals ar p - • with nine ns should be established. shed . This policy would be cons stent w five Perso building of twenty-one metropolitan communities surveyed (attached), the uniform family Information - Other Agencies), and the code definition off y average size of paMaplewoodewood fami 1 y plus two nonrel ated roomers, as discussed bel ow. Related Households and Nonrelated Roomers ersons , no matter how large, should be permitted All households of related p to "take in" a reasonable number of nonrel ated roomers. Limiting the number with the requirements of nine of twenty -one surveyed to two would be consistent q metropolitan area communities (attachment) and Maplewood ' s def inition of rooming house,as defined in the Rental Housing Maintenance Code. Household of Two Related Persons and Nonrelated Roomers sons to two roomers would be unfair if five unrelated Limiting two related per individuals For consistency, were to be permitted as a singl housekeeping unit. - a household of two related personsersons should be permitted to "take n up to three nonrelated roomers. Definition of Rooming and Boarding House maintenance Code classifies a residence as a rooming house The Rental Housing ..a persons unrelated to the owner/ted to three or more pifaroomorroomsarere define roomi n or board i ng operator. The zoning code presently does not 9 - hem to Multi 1 e Residence and Business- tCommerci a.l house, but does restrict t p zoning districts. bl ems particularlToavoidanypossiblecodeinterpretationpro , for the single two related per household wishing to take in roomers, zoning person or P and boarding house should be established consistent code definitionstions of rooming a g with the p p Housingproposeddefinitionoffamily. Second, the Rental ou g Maintenance Code definition of roomingmin house should be replaced by a reference to the zoning code definition. Recommendation Ordinance Amendment redefining I. Approval of the enclosed Zoning Ordina family and pp • min and boarding houses* (Requires at least adding definitMons for rooming four votes for approval.) Rental Housingn Maintenancentenance Code Amendment revising I I . Approval of the enclosed g code the definition of rooming house to correspond to the zoning co e Q. Requires at least a simple majority.) 2 - REFERENCE INFORMATION Existing Ordinance 1 . Section 916.010 (3) of City Code defines "family" as., "Any number of persons living and cooking together as a single housekeeping unit." 2. Section 214.040 (4) (x) of the Rental Housing Maintenance Code defines Rooming House" to mean any residence building, or any part thereof, con- taining one or more rooming units, in which space is rented by the owner or operator ' to three or more persons who are not husband or wife, son or daughter, mother or father,si ster or brother of the owner or operator. Other Arc enci es 1 . State of Minnesota - Uniform Building Code Section 407, defines Family" as: an individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a . dwel 1 i ng unit." 2. National Fire Protection Association (NFPA) Section 22 -1 .1 of the 1981 Life Safety Code stipulates that: one- and two - family dwellings include buildings containing not more than two dwelling units in which each living unit is occupied by members of a single family with no more than three outsiders, if any, accommodated in rented rooms." The code does not define "family" or "outsider." Survey of Other Communities Nine of twenty -one communities surveyed, or 43/ l i m i t the number of nonrel ated persons who can l i v e i_ n a single dwelling to five. Blaine and Golden Valley, aside from Maplewood, have no limit. (See enclosed survey.) Among the surveyed communities, 43% also limit a family to two roomers. In two communities, Burnsville and Cottage Grove, a family with roomers can not exceed the number of permitted nonrel ated individuals, Group Homes State law exempts a state licensed group home or foster home servicing six or fewer mentally retarded or physically handicapped persons from local regulation in 'Single-dwelling zones. Le al The following evaluation of past court decisions in Zoning and P1 anni ng Law Report recommends that at least two unrelated persons be allowed to reside together (Vol. 1, No. 1., pp. 4 -5): 3 - The case for requiring a minimum of two unrelated persons to be allowed to reside in a single family zone seems a strong one , i n that: (1 ) two un- related persons, as opposed to a group of unrelated. persons , do not pose so much of a threat or disturbance to the prevailing "family" characteristics of a nei hborhood • (2) the claims of a need of companionship_ or housekeepingg assistance are greater for a single individual , particularly if elderly; and (3) gr eater rights f domestic privacy are implicated in the relationshipghtsPY of two individuals than in that of a group, cf. . Eisenstadt v. Baird, 405 J.S. 432 (1972). Pending decisional law on the question of whether even two unrelated persons barred from residingdin together i n a singlengla fami i y zone the guidelinesmaybebag9 . for restrictive single family zoning, for purposes of federal consti tuts onal law, appear to be as follows: groups of three or more unrelated individuals, may be barred from residing in single family districts, but groups of individuals related by "blood, adoption, or marriage" must be allowed to reside together without qualification as to their. degree of kinship. To be emphasized, however, is that the above guidelines serve for purposes of pass- gin federal constitutional muster; state cour interpreting state consti- family zon with a more criticaltutsons , may still review restrictive single fa y eye." Procedure 1. HRA: Recommendation 2. Planning Commission: 3, City Council: a. First reading b. Second reading Fnr_l osures 1. Proposed Ordinance 2. Survey Recommendation a-nd public hearing and adoption 4 - ORDINANCE NO. AMENDING SECTION 214 OANORDINANCEAME F THE MAPLEWOOD CITY CODE RELATING TO THE DEFINITION OF R HOUSE THE COUNCIL of THE CITY OF MAPLEWOOD DOES H EREBY ORDAIN AS FOLLOWS: _ amended as follows (language Section 1 .Section 916.040 (4) (X) is hereby ame Dosed language is underlined): to be deleted is crossed out and pro, 9 die -- past thefeef;Reuse shall- FReaR- aRy- res}deeee:bu* _ - the -ewserRees}p- wh4Eh- spaEe- S- reeted• y Eeetae }pg --8ee e ee 8 g - yet- hesbaed -e- wife;- see -e er epe rater -te- three- er- fere- persees _ -areare - ef- the- e _ 8 - ate:-aee ep dagte; etbe 8 the Ci Zoning Code. defined n Secton 196.010 (26) of X. Rooming House As a no st1nct1on ma a etween fo.r ur oses of th1 s or i nance, ere s a purposes house.rooming nnga boarding d be in force from and after 2. - This ordinance shall take effect an Section passage and publication . Passed b the Maplewood City Council Pass y 1982.this day of ' ATTACHMENT ONE SURVEY OF CITIES CLOSEST TO MAPLEWOOD IN POPULATION All cities surveyed allowed any number.of related family members. MAXIMUM NUMBER OF MAXIMUM NUMBER CITY NON RELATED RESIDENTS OF ROOMERS (a) Maplewood No l i m i t Coon Rapids 6 2 Roseville 4 2 Burnsville 4 b) Plymouth 5 2 Brooklyn Center 5 2 rooms may be rented) Fridley 5 Blaine No l i m i t South St. Paul 5 5 Ea gen 5 Maple Grove 4 1 or 2 depending on the zoning district Columbia Heights 3 or unlimited 2 if same sex Cottage Grove 4 b) West St. Paul 4 2 Shoreview 5 one room may be rented) Crystal 3 1 New Brighton 3 2 New Hope 5 1 Golden Valley No limit 2 White Bear Lake 5 2 Apple Valley 5 MEDIAN NUMBER 5 a) Owner Occupied Dwelling b) A family with roomers cannot exceed the allowable number of nonrel ated residents, B. Code Amendment - definition of Family the definition of "fami is proposal is to amend inSecretaryofsonsaidthPP sh definitions for room g ood Code and also establish as outlined i n the Mapl ew i anj boarding houses. The H RA review was summarized fo r the Commission val of n recommend appro i shel moved the Planningng Commi ss i o i ti onsCommissionersionerK, fami and adding de f i n Ordinance amendment redef nng the Zoning for rooming and boarding houses. ew seconded Aye s Commissioners Axdahl , Prew, Cioner Pr He • Ki shel , Howard Pel l i sh,Sletten, Whitcomb, Fischer, y i ssi on recommend approval of r Pel l i sh moved the Planning Corm ofComms one , endment revising the definition ntal Housing Maintenance Code am ecti on 214 )0theReninCodedefinition( S in house to correpond to the Zo 9 rooming Prew seconded- Ayes Commissioners Axdahl, Prew, Commi s s i oner e r Hny, Ki s hel , Howard Pellish, S letters, Whitcomb, Fisch TO: City Manager FROM: Director of Community Development SUBJECT: Zoning Code Amendment - Accessory ApartmentsAPPLICANT: Department of Comm.uni ty Development s DATf-: December 2, 1981 i i 1 Beg.ues . t Amend the Zoning Code to allow accessory apartments within single d w e l l i n g s , b. special exception permit. Y Probl em 1 . Several requests of this type have been received by Staff. Recently, a proposal was received to legalize an existing 300 square foot rental u n i t within a single dwelling which prompted this amendment ro osal .p P 2. With the increasing costs of housing, there is an increasing trend toward converti or adding a small apartment to single dwellings. So far, the number that Staff is aware of is small . This wi probably ncrease. Staff feels1 ' y e s that Council should address this issue before i t becomes a problem. 3. Eighty - five percent of U. S. families cannot afford the $904 monthly interest payment required for a typical mortgage of $60,000 at 18% interest, accordin9to .a study by the National Association of Home Builders, 4. The multi-family rental vacancy rate is only 5.4% in the metropolitan area and 4.5% in Maplewood. Objecti of the Amendment 1. To make it possible for homeowners with financial problems to stay in their homes despite rising property taxes, heating bills, and maintenance costs. 2. To allow people to help house other members of their extended family, or in some cases domestic employees or friends. 3. To increase the diversity of the community's housing stock in terms of price and availability of rental units, helping the City to meet local hous i n 9needs, and to provide its share of lower income housing to meet regionalneeds, without significant effects on the character of the community. 4. To provide security, especially when the owner is often away. 5. To provide regulations that are enforceable and, therefore, brfing illegalconversionsunderbettercontrolandmakeitpossibletoknowthenumber of accessory apartment conversions that are taking place. Issues Status /Property Values /Neighborhood Character In single - family zones, people may have bought their homes because they wanted to live i n a single family neighborhood. They may be concerned that intrusion of accessory apartments will decrease the status or value of their oven home, for them_. or for potential purchasers. However, if accessory apartments are provided i a7way that does not serious interfere with neighborhood cha- ra -cter., acce ory apartments could actually increase the property value of structures that include them; by providing a source of _ income to the oviner. Some residents may also be afraid that accessory apartments w i l l introduce a "different type of person" who w i l l not "fit into the neighborhood." But this may be more likely to occur if a house ends up being rented to a group of unrelated individuals, because the owner could not afford to stay in it without the income from an accessory apartment. Parking and Traffic Congestion The enclosed ordinance would not cause a parking problem or traffic congestion. The ordinance limi the number of occupants of both accessory apartment and principal dwelling to the definition of family. Visual Impact In most cases, it would be impossible to know from the outside that a house contained an accessory apartment. The accessory apartment ordinance would also limit the area and location of doors. In some cases, the addition of a rental unit m make it financially possible for the owner to fix up the outside of his house, resulting in an indirect positive visual impact of the accessory apartment. Too Many Accessory Apartments There may be a concern that legalizing accessory apartments may result in too many conversions. However, several communities in the Boston area that legalized accessory apartments were surprised at the small number of owners who have taken advantage of the provision. The City of Lincoln, in the Boston area, legalized accessory apartments a number of years ago and included a provision in its zoning bylaw restricting apartments to a maximum of 10 percent of the houses in the Town. This restriction was removed in 1978 because nothing even approaching that many apartments was created. There is simply not the demand. Permit to Property owner Rather than Location Members of the Council and Housing Authority have expressed a preference to issue permits to the property owner, if accessory apartments are to be per - mitted. The City Attorney's opinion (attached), i s that permi should be i -ssued to a Location not an individual, to avoid possible legal challenges and damage l i a b i l i t y regarding denial of equal opportunity. Issuance of a per-ini t , subject to conditions, will insure compatibility with the adjacent nei ghbo hood , no matter who owns the property. 2 - of Recommendation (At least four votes required for approval) Adoption of the attached ordinance, amending Section 904.010 of the Zoning Code to permit accessory apartments within single dwellings, by special exception permit. Enclosures 10 Resolution for Code Amendment T 2. _ July 1981 Planning Magazine Article 30 -Minneapolis Tribune Editorial 40 - - Letter from City Attorney, dated 1 -21 -82 i 3 - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 904 AND 916 OF THE MAPLEWOOD MUNICIPAL CODE RELATING TO ACCESSORY APARTMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: T , Section 1. Section 904.010 is hereby amended to include the following new subsection: z An accessory apartment, by special exception permit, subject to, but not limited to, the following requirements: a. The dwelling shall remain owner-occupied. b. An accessory apartment shall not exceed 600 square feet of floor area. The habitable area of the dwelling, less the accessory apartment, shall not be less than 600 square feet. c. The 'total area of the structure shall comply with Section 904.010 6) of City Code. d. There must be an off - street parking space for each resident's vehicle. e. No more than one entrance on the front of the dwelling shall be allowed, except by approval of the City Council, f. A deed restriction shall be recorded to run with the property stating that, "Accessory apartments within a single dwelling, are subject to the requirements in the Maplewood Zoning Code." g. The occupants _of an accessory apartment and attached single dwelling shall be considered as one family for purposes of determining the allowable number of residents. Section 2. Section 916.010 is hereby amended to include the following subsection: 23. Accessory apartment: An apartment with less than 600 square feet, which is attached to and physically separated from a single dwelling. Section 3. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this day of 91982. Mayor Attest: Ayes - C1 erk Nays - f _ _ '_ .s'w' s-. . -. _ _ Vii'.'• ..r.w•. I ; ' ' i - '?" f r ' . . - = s `•+ .- ' j .. i I_ i • ac_ ' L ' w r+t. _ : T• ^ ~- .. ,y _ a""w!'3`7' j-- .: - ,i -'i __ - _ ,_p,w : f ,. .•.` _, t . ,. #, _ '.3.. - y. •r7' - ' :, •a•: ?c*. _ iy. :. 2 'i. ;ii,_ 'i"_•"!'!'f'•,'...', i s , c . _ a" _ • - J -" _ S •-'_ --'- ..t -iii, _ ""' . Y . > .1r ,: +- _ F `- _ • 1'u Ta s X- e. er - .•i ^ {.. `: ! . 4 _ . -?-'a - _l '.i • :.r. '' - f' _'' . ' ;:.+, ` - ~ .. - .+'. -... 3 -. a 9.. 1 _.< - rt = y _ ,' .i t!' "`"t '., ;, v .*... ° •' . ..T. J•.- 'x - rter'' ' :_`•' - *+ .. j_ _,+. ._r.._ :___ _. ...... - r.,'..__ .•,"' .. 3- ` - v - ; tip __ _ . _ - j •.ir:# f.'S'r`'*``.. y = '' - .- - r _ - x= •• L - - -- _ _ " -# .3 _ ..: . ate. i •-•.A- • - .. }' " S_.._ , s _ -L _ ' R_ -_ . -:. .. r_ - u ",.. -. -fer n>•-v 3 -:' ...i". _ =' ` R "'r,.. s ? _ _ k. :' c.3! ^ s - _+-'i. L . ` - s:.' ' - • s.-i+ Zy _ .. _,. \ :,,,.+= s. - .. y` , • -_' a.•- r- i•.M ^St _. 4"-- - _a • a - -"• +' .• + _ 1 > +-r _ - ; . -r . .* 3 - ..'. t*..$ "'!s - _•f - : .a _ t • _i1r . _ - . i•••.. - 'S - .. - `i1; -• _ _ iY - - _ .. --a '- s "- - z4 i -.. .s +IC: A-' i°' • • `i2 -1 _. a ti ' ,At Y` - ' " .r ! - 'r te J L t Lam- _ .:. T .•^ i . - • -• t. - r.,/'"' _ .j+"'s - _ _. i+ _ .a - "a _ _ '_t ..1 . _ _ fa`i =./ !ar•-i. -•'• 1 _ _ -r yfir- J6 .. .".• • -'_' - w +i • _ .G.. a ' & . - _ -1 - 2 :_' _ __ _ ' . y, _ .. i -.:: •aa +, s'..+ e-" . ' _'` wasi .T r _ - 3 av sr'tef s `°j t . _ '_+s• _ a - - - - r - `= i1 i'. ;' •+-..:. R- r " - '- sf -moo; ' ' ' •'- i•.+__ T .i.- - • ¢ ais = •P ' .. a .sz _ a+i .a• t .. +.. as - s..r[`" Vi ' - _ _ i i"'.:' -siY .ate - *...s "'• i:L- .a. :r• -: -i : -"!'a - Y. r ><• .ar 5.: - - _ 1T : ' - .s _ _ - - _ • _ 11 -y-.- a• . -_7 _:s 4 ea .. ., s'nYE_ +,_ e.. i. -fe - g - .' _ _ • . L-; sq - i''!`-i• ' - -a ' . - .. # .,rY E _ ...• J - 2164 _ { ._ _ '3- - •' -y._ : 7. r _ . _ i-r- ' _ y r . -'s'i't- .r t - -. f .... _ _ :?."' .. - _ _ _ _.__ ' ;.' `. a,•'t '^ _ -- aw. - :r r•:. - "'' .. _y..+- -m . 'a'T' i j _ _ _ _ _• - E -= ` S +..4i. : c .' -.r' ! i. 1.4 mss. s` _ - c - -si• $' iiF'i -- -s _'f ._ . >_ . 's - '? j `3e=s _ s _ - - !1' - Y _ -N `trlG _ -aks s_ -'£ia ' = rte - _ _+ .. _ia ''T`" +7.• . T .c' - ''``• -a i a"''~ ' f. : :F"'f - -!_: "'`- r :.at_i •` a' -. _ i --' _.i "_ .. .. _ ? _.'` i- _ ,. ° - __sue- - -i Ts'."!j Z.L `.- •_.?.,..r -" =.< . avC -= ?T r -_ _ -. .;'a. -. _ _ _ _ . .3•'. -. r te_ _ - T r- _. _. sg s • F is is a s - - . _ ?a . r .. 3 i .ij -. -x. _ • c * :. -.. + i •r_ fir.''. ".. - 3.t+• -r' ' _y '• ' -a. ti. r _?*t: :rs . dam - _ _ Ti . -x - .. •a_ ~ - 'i, ':' ..:'4e "'T -.. '. :4 = .cam _ . _""', -ii'- M,ra -.4 - -s 1r: r - e_ • : ,- •_ .3: s #: =r:. •tt° -_ .: fi • _ '. -' - r. s T ' ,R .-i - a < i - +.a r y :. af_ S3 _: ;.o... i& •- - v • , y. sr .-cs - ' i- - T - __• r i d r ;' •. z= - r ' 'f - - • _ >. - _ .- _ ''mac ' : -ai ' _.a._ _ - s +, ?- _ . -w.'- ''E• ;.. _..-" t r -t nF <ra # _ - _ a_ : •m x.: -?'- A _ It -: it - as. e i . - : » 1 - ,. _ _- - rT'- _••.-i _ifTi'f4 _ wwt '- ` °' 9'a. = i,•er _ y . .a:{ : ri s '_•;a -3,- - _ :Y . - s _ - i..• -+ _ -. i. ._ _. . , rte Via• -r: _e. e•.l. -._ _ 4:- c.: -. _ _ = r 4 _ _. r _f - _ter _ .s _r4 ' 47 1a -s. -T, x : _:.- - - . r..a . _ - _ .. _ nc._'.r--.r _ - :_. * r :_. i': _ r;., d ac- i . _ _ - y... _ -•r 1 s -.'# -„' •, _ _ n..A } ^ _.3`. c _- r : zi • -° _ - - i - - ' - • ,-t- ' _.. _r _ s -'- _ . -z_". ... _ Tr -- T - z .. - _ji-- - _ ` (t i • i (* •'- ?a -ate, f .i.2 .Z '` , - ; - a'`T j . s _d - 3r rr.>_ s i__ - , - --' _ _ _ i P-r - - - - - - - '. -'L if . ;i 'l :.rr •' C•r "• r • ' _ _.:z. ` - 3 _ _ - - 4 . - ..• ._ T 1 j + +j s ` :._ X _S:• 3+_ J Imp 7 - t , ' - .•` -: -:' ;,• -.. . * .V J r.i t ! 3- _ . _ _ - •"r zz - ' - -y } f z O A 7' Wit y c. . v _ _at - _ sue_ _.. f. - ^'.• - _ _3-+_ T s j i 1 - - _ i . -:- • ` tr . i_'._.i _ ,fix - ma = a' r •-_ f 1 - __ IT11 a1''i#r' _ 3 -Ci • f•rt _. S.ar - _ _ •'•_. :'i - - a_ t'' _; i zTrrs :. 1 _s"'• -_ .'= s's m = - = - - - - _ _ -- =_ra.. _ii' 333 ifll )_i 1 .-:_i :=s _'•si -- _- _ a __ 'c ^_ i_ Y _ i;: -- t ' - / } T _ t' _ r . • .w + _ -_ ;j - _ _ may _ ; _ w s - _ _Y s f f5 iV '• ' • , 1 - " =a'as ^sr, - $"'_'t' - ir _ - _ _ .. 1 - - _ 7 Fa _t -^ -- - _s'"' _,. 4 ` F 'F ! i 1 ;` i - : ;_ •_ less=._ _ - / ~1 - - -.,"- "_ - s - -. _ s a i^ T- r __ .wr •. ,} ia- - - . +t `^-' `' =ir:p ....,.r f.StC f ..rye :. Yom ' •.. .,1 '+•., ` ..;.0 '•.'' 1 ' " C ,.. rY.• °' •.....t.+* - .:.'' { . _ -• ' ` -i _.: • +w• w'" afi.' -= "- +`a.. '^.-. - ' _ .I+ . . a. rM.f7f -. ; T w.. i .' w . _. f _ r -._. - -- - - -- - - -- - - •-- ... -._ _ _ _ -. -- - -_ - __ - - Carving up the American Dream By Patrick H. Hare Suppose a planner had a magic method of developing invisible rental units in single- family neigh - borhoods. Suppose the planner knew that a public proposal to per - mit development of the units would probably be opposed by neighboring homeowners. Suppose the planner also knew that if nothing were said, the units would be developed any - way —in violation of the town's zoning and building ordinances. Roughly speaking, this is the only course of action open to a planner who feels there are benefits to single- family conversions " —sub- dividing large, single - family houses to create small "accessory apart- ments," or "mother -in -law apart- ments." There is a catch, however. If nothing is done, illegal apartments may spread until they become so common they have to be made legal. But, if planners propose legaliza- tion, they may trigger strict enforce- ment, which could delay or even stop development of the units. It's clear, though, that interest is growing. Led by the articles of Andr Brooks in the New York Times, newspapers in Long Island, Connecticut. and New 1prcpv lknvo begun to follow the spread of ac- cessory apartments. Phyllis Santry of the Tri- State Regional Planning Commission in New York City surveyed the communities her com- mission serves and estimated that over 70 percent of them have noted the existence of legal or illegal conver- sions. =Many communities estimate that 1 to 20 percent of their single - family housing stock contains conversions. George Sternlieb of Rutgers Uni- versity says that accessory apart - ments are the wave of the future. In newspaper interviews, a as to ed 24 PLuvi tg r'E ' ` ,yam - I ~ ± _ •a: js".: A „ j t2' , SFr .. •^ _. ••- s •:''.'Z A Ile Q Ay 4 low 7 j I . 10 If Jr L7 40 40 r lv- lt` I ! 1`..' -. Y ••. ~.,. -.. mollr '.,2''' i is I w .` J_ u -. a v+*4 Jam' z.-.w T 1 - 7 `.l-+` . ; • + i° JAI _ f ! .e .r ,+ ,- „" S •-1 ;S.'_ i ... ° -r sT '.. t ' 3 M` • i i 1 .'! -r +' 0 r I N. 0 04P 49 16 ZI ale Yom. i •; Ci . • •• `S. S Z _ , V ` I - •:. ..+ . i - • - v " va. 1 rw J', ."- /'.'I`r a. Y• „ _y 'r. v ' Ti • 'q ''}y'+,,w`+Iti,d'.• i" z' ,.g..: 3. ._•. Lam_ /av ;;... _ f =• jy as •ta. + ;,i l i j' •a . _a. - '+- a 2c - yT . '' y a.2. `:w1 !'! S .• ' - !R r "K._. _•' ~ J •~ !'„ . - 1 _ - `'... - _ .,r „T.,., _ •_ - fly. r TI - : ^_ ` l .+. ~ % .3 - : •a ,] r.:t ' "'. - 7+ +"' 'r •. - ?: : ^ y.. - .. . 'Yf4w +. ^ '' R"far• -- y. .'- • - f`i ` r •' 1 +a• a ?+s ] " •„ •+• ;'i.;.+T. ' r ;: ,,.,. ...t „y _ > •+`_" -y! \ '7i - - + 1r:.. 1 ` - •.. .' f .a w - j MY • .arc K it r - - C • 4' . y. . ',_ ? „G'''' _ -.ri- 1 /^y' 'i... ` ?! . s: - 7{ - tirfr, . ir.,' ,C'+7 - - .. "+.+ -' J.rla - }""ct ` = .•, -.. "' -_•.L j ' ..C'.:.1. -Z+c Z .'` r,j ^.i.'i .`!.`- }}- -Jt ,'= _Y'l --. rr '... e .".'... • _._ - air °i' - _ . w...i 3:' ..1...•. ti,r.J.' =•1 a . rT ,.'•a•...!.. --t i - • G ti. v 1 i M 1_• • \ ,,\ya- a.'`'r.).+. . -may _ . >..,r - ..a. T.,,rR.+- K,, •`y'raw ..•." `... - ' _ Y ! + v.l '' •` _'.c..., .l - . ' ,t• - ' 'fir 'i. _..... " I a.' - • ' Z - ts,. .'' M - T .. 4 r w- •y. -7 Ir I± - \ - s.r A • . ^_-- ..: i...4 'i/ yj - S .3• - y 1 •... r •i . ..•• S :r. • 'w.r.r .i - 1 `fir r `Z1, 7CL- L A . - • `'k. . S + ' ^ • -' - aa; • •+ .ti Y ` J. ~.. y V 4-s ' T ri: o.rZ1 r 1 - j -- r _ ^!• 4 Y ' + s• 7 . '• :"-.. •,!:+ = " .7.': { :1..,.::rj -.i "'.'Yts.'- .:Jarary r -.•, :++'.y=': wu•-,+- M ".C.,::'Lcj,14::•.s;,,`'F -1"" . i .i '^ `- - •+. 1`" . r . y - 1. . w ^ Wit-. Z'r .` .. ' -a - _ % .';r' ; - iR 1 -t ~- !7 ~ ..•dW Short of such a regulation, there isn't much that can be done to stop a legal apartment from becoming il- legal. The homeowner has very little to lose by trying to rent an apart- ment that is already installed. As- suming the neighbors don't complain, the building inspector's only recourse is what one planner calls a "search and destroy mission." The resulting evictions are less than ideal from everyone's point of view. Also, as a study by the Metropolitan Area Planning Council in Boston points out, provisions restricting use to relatives or older people may inhibit homeowners from creating apart- ments. They fear that their in- vestment will become worthless if their relative no long_ er lives in the apartment. Going slow Nonetheless, regulations that subtly sow the seed of conversions may be the planner's only politcally feasible choice. When zoning to legalize accessory apartments was proposed to a midwestern planning director, his reaction was, 'It's hap- pening anyway, so let's just let it happen." Letting it happen, either by nonenforcement of existing regu- lations or partial legalization, may build a constituency for eventual legalization, if only to permit inspec- tion and correction of code violations. It also may build in a problem that has to be solved later. Now that con- versions are legal in Babylon, the town is considering offering low - interest loans to owners who are willing to legalize their two family arrangements; the loans would help pay for the upgrading now required before a two - family permit can be issued. Tax trouble One of the carrots of ten held out to taxpayers is the tax revenue that accessory apartments would provide. But this benefit may be illusory. In Babylon, the average assessment increase has been only $115, and a report on mother-in- apartments by the Portland, Oregon, Growth Management Task Force suggests that new revenue would, at best, be offset by administrative and enforce- ment costs. Clearly, advocates of legalization can't promise too much. Large tax increases will substantially reduce the incentive to create accessory apartments or even to bring existing illegal apartments under the auspices of the law. Closely related to the question of assessments is the possibility that families in accessory apartments will add to the school population, thus leading to an increase in property taxes to meet school costs. Barbara Dietz, a real estate agent and active member' of the North End Civic Association of Floral Park, Long Island, estimates there are about 500 accessory apartments in her town, 60 of them with children. She feels that it is particularly unjust that owners of houses occupied by school - age children don't pay increased as- sessments for their illegal apartments. On the other hand, the lack of children might make some older sub- urbs feel a sense of loss of commu- nity. These towns might bend over backwards to be lenient toward fam- ilies with children. How big? Chil4ren also raise the question of the siz& accessory apartments —an area in which regulations vary greatly. Boston's Metropolitan Area Planning Council surveyed 23 com- munities with accessory apartments. It found that only 10 towns regulated 26 PlanrdM 0 0 40 ft-I I dp I r'E ' ` ,yam - I ~ ± _ •a: js".: A „ j t2' , SFr .. •^ _. ••- s •:''.'Z A Ile Q Ay 4 low 7 j I . 10 If Jr L7 40 40 r lv- lt` I ! 1`..' -. Y ••. ~.,. -.. mollr '.,2''' i is I w .` J_ u -. a v+*4 Jam' z.-.w T 1 - 7 `.l-+` . ; • + i° JAI _ f ! .e .r ,+ ,- „" S •-1 ;S.'_ i ... ° -r sT '.. t ' 3 M` • i i 1 .'! -r +' 0 r I N. 0 04P 49 16 ZI ale Yom. i •; Ci . • •• `S. S Z _ , V ` I - •:. ..+ . i - • - v " va. 1 rw J', ."- /'.'I`r a. Y• „ _y 'r. v ' Ti • 'q ''}y'+,,w`+Iti,d'.• i" z' ,.g..: 3. ._•. Lam_ /av ;;... _ f =• jy as •ta. + ;,i l i j' •a . _a. - '+- a 2c - yT . '' y a.2. `:w1 !'! S .• ' - !R r "K._. _•' ~ J •~ !'„ . - 1 _ - `'... - _ .,r „T.,., _ •_ - fly. r TI - : ^_ ` l .+. ~ % .3 - : •a ,] r.:t ' "'. - 7+ +"' 'r •. - ?: : ^ y.. - .. . 'Yf4w +. ^ '' R"far• -- y. .'- • - f`i ` r •' 1 +a• a ?+s ] " •„ •+• ;'i.;.+T. ' r ;: ,,.,. ...t „y _ > •+`_" -y! \ '7i - - + 1r:.. 1 ` - •.. .' f .a w - j MY • .arc K it r - - C • 4' . y. . ',_ ? „G'''' _ -.ri- 1 /^y' 'i... ` ?! . s: - 7{ - tirfr, . ir.,' ,C'+7 - - .. "+.+ -' J.rla - }""ct ` = .•, -.. "' -_•.L j ' ..C'.:.1. -Z+c Z .'` r,j ^.i.'i .`!.`- }}- -Jt ,'= _Y'l --. rr '... e .".'... • _._ - air °i' - _ . w...i 3:' ..1...•. ti,r.J.' =•1 a . rT ,.'•a•...!.. --t i - • G ti. v 1 i M 1_• • \ ,,\ya- a.'`'r.).+. . -may _ . >..,r - ..a. T.,,rR.+- K,, •`y'raw ..•." `... - ' _ Y ! + v.l '' •` _'.c..., .l - . ' ,t• - ' 'fir 'i. _..... " I a.' - • ' Z - ts,. .'' M - T .. 4 r w- •y. -7 Ir I± - \ - s.r A • . ^_-- ..: i...4 'i/ yj - S .3• - y 1 •... r •i . ..•• S :r. • 'w.r.r .i - 1 `fir r `Z1, 7CL- L A . - • `'k. . S + ' ^ • -' - aa; • •+ .ti Y ` J. ~.. y V 4-s ' T ri: o.rZ1 r 1 - j -- r _ ^!• 4 Y ' + s• 7 . '• :"-.. •,!:+ = " .7.': { :1..,.::rj -.i "'.'Yts.'- .:Jarary r -.•, :++'.y=': wu•-,+- M ".C.,::'Lcj,14::•.s;,,`'F -1"" . i .i '^ `- - •+. 1`" . r . y - 1. . w ^ Wit-. Z'r .` .. ' -a - _ % .';r' ; - iR 1 -t ~- !7 ~ ..•dW Short of such a regulation, there isn't much that can be done to stop a legal apartment from becoming il- legal. The homeowner has very little to lose by trying to rent an apart- ment that is already installed. As- suming the neighbors don't complain, the building inspector's only recourse is what one planner calls a "search and destroy mission." The resulting evictions are less than ideal from everyone's point of view. Also, as a study by the Metropolitan Area Planning Council in Boston points out, provisions restricting use to relatives or older people may inhibit homeowners from creating apart- ments. They fear that their in- vestment will become worthless if their relative no long_ er lives in the apartment. Going slow Nonetheless, regulations that subtly sow the seed of conversions may be the planner's only politcally feasible choice. When zoning to legalize accessory apartments was proposed to a midwestern planning director, his reaction was, 'It's hap- pening anyway, so let's just let it happen." Letting it happen, either by nonenforcement of existing regu- lations or partial legalization, may build a constituency for eventual legalization, if only to permit inspec- tion and correction of code violations. It also may build in a problem that has to be solved later. Now that con- versions are legal in Babylon, the town is considering offering low - interest loans to owners who are willing to legalize their two family arrangements; the loans would help pay for the upgrading now required before a two - family permit can be issued. Tax trouble One of the carrots of ten held out to taxpayers is the tax revenue that accessory apartments would provide. But this benefit may be illusory. In Babylon, the average assessment increase has been only $115, and a report on mother-in- apartments by the Portland, Oregon, Growth Management Task Force suggests that new revenue would, at best, be offset by administrative and enforce- ment costs. Clearly, advocates of legalization can't promise too much. Large tax increases will substantially reduce the incentive to create accessory apartments or even to bring existing illegal apartments under the auspices of the law. Closely related to the question of assessments is the possibility that families in accessory apartments will add to the school population, thus leading to an increase in property taxes to meet school costs. Barbara Dietz, a real estate agent and active member' of the North End Civic Association of Floral Park, Long Island, estimates there are about 500 accessory apartments in her town, 60 of them with children. She feels that it is particularly unjust that owners of houses occupied by school - age children don't pay increased as- sessments for their illegal apartments. On the other hand, the lack of children might make some older sub- urbs feel a sense of loss of commu- nity. These towns might bend over backwards to be lenient toward fam- ilies with children. How big? Chil4ren also raise the question of the siz& accessory apartments —an area in which regulations vary greatly. Boston's Metropolitan Area Planning Council surveyed 23 com- munities with accessory apartments. It found that only 10 towns regulated 26 PlanrdM apartment size and five specified a maximum, usually 600 square feet. This inconsistency persists in ordinances in other regions. It reflects local residents' competing concerns alieut the quality of the apartments-to be created as opposed to the desire #o maintain the single - family character of the neighborhood. The Weston ordinance avoids the issue by using subjective language. It permits one accessory apartment in a "single family owner occupied dwelling. . . provided it is . . . clearly a subordinate part thereof." However logical it may seem to some, to others planning for the creation of. accessory. apartments seems to be planning for the subdivi- sion of the American dream. This may be the real cause of the contro- versy surrounding the legalization of accessory apartments, not practi- cal matters like apartment size. Such feelings may also explain the lack of enthusiasm in towns where accessory apartments have been made legal. Two months after Portland, Oregon, began its Add -a- Rental program, no applications to create legal accessory apartments had been received. When Lincoln, Massachusetts, legalized accessory apartments several years ago, it in- cluded a provision in its zoning bylaws restricting the apartments to a maximum of 10 percent of the houses in the town. This restriction was removed in 1978 because no- where near that number of apart- ments was created. And in Babylon, which legalized accessory apartments in February 1980, almost every one of the 900 applications received within the first 10 months were to legalize exist- ing apartments._ "Only five or six applications for new apartments have come in since the program started," says Ed Thompson of Babylon's building division. It's clear that simply legalizing accessory apartments wilY not neces- sarily result in the creation of large numbers of them. On the other hand, prohibiting them may not do much to keep them from spreading. Apparently, they involve a planning issue on which the curtain is only beginning to rise. Patrick Hare is a planning consultant in Washington, D.C. He is preparing a PAS report on accessory apartments for APA. Minneapolis Tribune, Established 1867 14. 1,Tappiong a source ofs A .. Minneapolis C s :De t i 4 Ons 4 ^t ahead Minneapolis needs more rental housing. Much of it will have to be provided by new construction. But city officials are becoming increasingly aware that a ready -built potential supply of rental housing lines the streets of the city's neighborhoods: Part of the city's stock of single- family housing could be converted to two-family use. Aldermen are seeking ways to make that possible without overcrowding or neighborhood deterioration. Those efforts de- serve support. The problem at which those efforts are aimed was outlined graphically at a Metropolitan Council housing conference earlier this year. James Solum of the Minnesota Housing Finance Agency told the conference that the metropolitan area, in the 198os, will need as many new housing units as it added in the fast- growing 1970s. But today's prices and inter- est rates dictate that fewer people will be able to buy housing, so a far greater proportion of those additional units must be for renters. Moreover, those same economic factors have pushed up build- ing costs. That makes it unlikely that new construc- tion will provide all the needed additional units. 'A lot of people — mostly renters — will have to be housed somewhere else. Making room for that •`somewhere else" in a city's existing housing stock would require relaxation of zoning codes, at least in selected areas. That would have to be done carefully, to maintain neighbor- hood quality and assure safe, sanitary housing. But the advantages could be twofold. U owners could divide their houses and share them With renters. they Would have added income for house pay - ments. For many, the added income could be what Charles W. Salley Editor Wallace Alien. Associate Editor Frank Wright Manama Editor Leonard Inskip Editorial Editor Donal R. Dwight Pubfther _ Thursday, October 15, 1981 rental housing makes home - ownership possible. And for renters, such changes could add significantly to the number and kind — of housing units available to them. Some specific. zoning changes are already beingconsideredforMinneapolis. Alderman Parker Trostel of the Seventh Ward, for instance, is inter- ested in an ordinance that would permit multi- family use of large houises — a so- called "mansion ordinance" — in some areas now restricted to single-family or two-family housing. Such a changewouldhave 'to be carefully drafted, she notes, to minimize impact on surrounding houses. Each con- verted property, for example, would have to pro- vide ample off - street parking for its residents. But such an ordinance could put an underutilized re- source to work to house more people. Another example: Both Trostel and Eighth Ward Alderman Mark Kaplan have looked into the possi-bilities of "cluster zoning," which would permit flexible ways to meet minimum lot -size standards in designated areas. Under that plan, housing could be clustered on smaller lots, and the rest of the required open space be clustered in another part ofthearea — where soil conditions make construc -. tion difficult, for instance, or where a buffer is needed alongside a railroad track or commercial zone. The aldermen say that other options Will be ex- plored in the months to come, both to provide more rental housing and to enable more people to buy or retain their homes. Kaplan notes„ for instance, that many senior citizens would like to convert their houses into duplexes, not only for the added in- come, but also for greater security and help in maintenance. Zoning c to make such uses . possible must be made wisely. U they are, theycouldcleartheWayformoreefficientuseof available resources to help meet tine housing needsofthe1980s. • s LAIS, BANNIGAN & CIRESI, P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL. MINNESOTA 33101 DONALD L. LAIS AREA CODE 612 JOHN F. BANNIGAN. JR. 224 -3781 JEROME D. CIRESI pPATRICKJ. KELLY January 21, 19 82 is City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Attention: Mr. Randall Johnson Associate Planner Dear Randy: In reply to your letter of January 7, 1982 concerning the issuing of special exception permits to the property owner rather than the property for home occupations and accessory apartments, I wish to advise as follows: After carefully reviewing the matter, it is apparent that granting of these permits to an. individual for a specific purpose neces- sarily includes granting the permit to the location. To subse- quently deny someone a continuance of the same home occupation or use of an accessory apartment would result in an arbitrary and capricious action on the part of the future Council and could render the City liable for damages for denial of equal treatment under the U.S. Constitution. It is, therefore, my opinion that the permits, regardless of how they are granted, have to run with the property and it would be better to so state right in the policy and in the granting of such special exception so as not to mislead parties into believing that such a special exception could be denied in the future. Very truly yours, P , BANNIG - CIRESI , P .A. ld L. Lays DLL /me From: Di of COMM. Develo'n . Referred t 1 Village Vilia e PI Fi Di_ ev Lc Dir. of Parks P : Dir. of Pub. Sa- .Ca :y,#.._._...._._ i Dir. of Pub. Vlor ka- Fire Marshall - Other „ Transmittal Date lz4 7F, iL c. Code Amendment - Accessory Apartments Secretary Olsonon said the proposal is to amend the Code to allow accessoryP apartments within single dwellings by special exception permit. The Commission reviewed the requirements: proposed to permit an accessory apartment as outlined in the ordinance. They also discussed the added density which couldd result in each ne i ghborh'ood !.from this type of use. Grant Hatley, 1569 E. County Road C said he was in favor of the proposed ordinance change. He thought it would be more desirable than having a duplex, as this would be owner occupied. Roger Cobb, 1559 E. County Road C, said he does favor the amendment. He say 9dthefinancialarrangement with the accessory apartment is favorable to both the landlord and the renter. Commissioner Prew moved the Planning Commission recommend the City Council P proposednciladottheroosed ordinance, amending Section 904.010 of the Zoning Code to permit accessory- apartments within single dwellings, by special exception permit. Commissioner Fischer seconded Ayes - Commissioners Prew, S1 etten, Whitcomb, Fischer, Hej ny, Ki shel , HowardPell sh, Nays Commissioner _ Axdahl t• Now MEMORANDUM TO: Mayor and City Council ' FROM: Tony Phi 11 i ppi Chairman of Community Design Review =Board SUBJECT: Joint meeting between Council & Community Design Review Board DATE : March 10, 1982 a i The Community Design Review Board requests the attendance of the City Council at their next meeting on March 23, 1982 to discuss the Council's reasons for considering the disbandment of the Board.