HomeMy WebLinkAbout1982 05-06 City Council PacketAGENDA
Maplewood C Council
7:00 P.M. Thursday, May ,6, 1 982
Admini tration BuildiMuni
Meeti nq 82 -11
A CALL TO ORDER
M
g ROLL CALL
OC 'APPROVAL OF MINUTES
1, Minutes 82 -10 (Ap 15)
APPROVAL OF AGENDA
E CONSENT AGENDA to be routine by
Co Agenda are
All matters l
consideredlistedundertheCo
orm listed below.
ill be enacted by one motion i the f
the City Council and w
s , If discussion is de-
be no se grate discussion on these item
There will •p a Consent Agenda and will be
d that item will be removed from th
sired,
considered separately.
1. Accounts Payable •
2 No Parking: East Shore Drive
l o Engineering Guidelines319Manua ..
4. F nal Plat ti nwood Avenue
Bol l ' man - Add- ti on.50 Fin l P a e . .._..
Ride MallFinalPlat: Map q - ...
Contra butt on :ooe Ledge S eci al i sts B1 d b7 ..Note Maplewood Dental P
g Cor r iail Development Revenue .:. - _
T.
l & Opticom o Funding _9, Traffi c Si.gna r ...a.
C NEARIF).--- P
jF6T .Ad ustments and App = Bo a r p
a (Va*Barc .ay St O' ry
Charter L e,el opment i , Inc
Variance: Maryland Ave. & F;.rnd «le St_2. Var -
Road3 :H-i,ghway 61 Frontage
J •
1
Lar enteur Ave. and Jackson
4. Plan Amendment Special Use Prr1t P
De yel op ent 9 I n. ) Stre et (REW . (7
stments and Appeal-s :5. Board of Adiu (
lopment5 Inc. t AeurAvee . & Jackson S REM Deve )
a. Variance: Larpent,
7-:45)..
W) NEW BUSINESS.
1. Special Exception: 931 County Road C (Howard)
2. Special Exception: Game Room (Maplewood Square)
3, English Street: D. Tucci
4. Maplewood Bowl: G. Anderson
50 Sewer Contracting: Delory Co.
6, Brookview Drive: Assessment Method
7. Tree Removal Program
8. RE Rezoning: South of Lower Afton Road
9. Plan Update
10. Richard Hagstrom: Request to appear before Council
M) ADJOURNMENT
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, April 15, 1982
Council Chambers, Municipal Building
Meeting No. 82 -10
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building and was called to order at 7:02 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 82 -7 (March 18, 1982)
Mayor Greavu moved that the Minutes of Meeting No. 82 -7 (March 18, 1982) be approved _
as submitted.
Seconded by Councilmember Bastian. Ayes — all.
2. Meeting No. 82 -8 (April 1, 1982)
Councilmember Bastian moved that the Minutes of Meeting No. 82 -8 (April 1, 1982) be
approved as submitted.
Seconded by Councilmember Juker. Ayes — all.
3. Meeting No. 82 -9 (April 6, 1982)
Councilmember Juker moved that the Min of Meeting No 82 - ( April 6, 1982) be approved
as corrected:
v
Page 2 — "work"
Seconded by Councilmember Anderson. Ayes — all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Home Occupation Permit — Hazelwood
2. Billboards
3. C.D.R.B.
4. Human Relations
5. Frost Avenue Plans
6. Arbor Day Program
7. Voting Requirements
8. 25th Anniversary
9. Winter Carnival
1 — 4/15
3. The double - dwelling would not exceed the maximum allowed density in the Land
Use plan.
The variance is approved with the condition that the metal storage shed be relocated
so that it is at least five feet from lot 11, before building permit is issued
for lot 11.
Seconded by Councilmember Anderson. Ayes — all.
E. ADJOURNMENT
10:54 P.M.
City Cie
2 — 4/15
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0 i3 ii C 2.72 TOUSLEY SFORT CENTER SUF FLIES, VEHICLE
013112 1949 f1 TRICK UTILITIES + MFG CO ESUPPLIES* VEHICLESV .
01211 Z 3..1.E 5 3 _ -i t-- TY -1117 E R _SERISER~1C _. N ._ - - _--FDES * SERVICE - _Filters cleaned
013113 130.40 UNIFCRPv UNLIMITEC N FUI CRMS CLOTHING
013114 iC1.25 CNIVERSAL MEDICAL SERV SUPPLIES, ECUIPMENT
CIT CF MApLO A C C C t; N T S F A Y A. 6 EL DATE 05•C6- 82 PA 9E
C KCK*A Mt C U N T C L A I M A N T F U FC F G S E
11311=4.20 DELGRE S A VIGCREN TRAVEL + TRAj NI NG
813 -1 t C
t:
l 3 2 . E 2 I_N C-E N T . B R -ASS - . * - A L .0 IR I I U.M S P f L I E S M I C . E
3
013117 80021 WARNERS TRLEVALUE DN MATERIALSMAINTENANCE
UFIE.S, EUIPEAT _
E1311s 36. SO WEBER t TRCSETF INC CUFFLIES VEHICLE
Ei3215 724.42 NEVERHAISER CCPFANV MAINTENANCE MATERIALS
252. 75 _ERDX CCRFCRAT l0N__ -_ . _ _ __.DUPLICATING COSTS
Jf 01312.1 c r* 4fl ZEP MFG CC SUFFLIE JAN3TCRI AL
pkp
013122 4 0 . 0 fl - --MICHELLE A' N C E F v C N NA GES t F/ T T EMF.
th C 1312 3 41.. fl __R.O BE R T A . D L S G N __._ ..- - - -__ -- _ -- _- -_ _ _ .WA GP.Sg F / -T + TE
013124 E.cfl Rit EC ecx E F
30 12 ..25. a BETTY ERFDEN S R E F U N D
i;
25, - 0.D .__F.RAN E RE GE M U S _ _ _.._ _ .
ii
013127 5 fl. flfl CARY L BENSON R E F U N O
2 5,9 O L M A E E L 8 C O G R E _ _- - - -- — - - - ---- -- - - - -- --R - - - -E F -- U _- N C
E 13IZIS 2 is 0 -0 _—tARI Ch CASTC -- - - - - -R f F U C
013130
s
50000 TERRY C+CNWAY R E F U N D
50 . fl 0 TO CRIER R _ - E - F _U O
C 13132 ZS LQ___..ILLIA t _GIEL R E F L N _. D
C13133 2c. flfl SUSAN GIEL R E F U N D
013134 5. CC MEN ~ 6UTtMAN R E F U N C
D 12 123 R .E fU N
01 3 13E 2E . CC HELEN INCHNINKEL E F U h 3
s• CC COLLEEN MATHI cEN R E F U h O
FE_A R L - C L S C N - - - -R _ -
01313 25000 FR €ACA PRIEBE R E F U N D
ITx CF NAPL0CCC A C C C lU N Y S F A Y A 8 L SATE 45 -Q , 82 'AC' 10
r
CHECK*A M.0 UN T C L A I A N11 P U F P C SE
CIU44 50900 KATHY . SFANNBA ER R E F U N 0
4.l 314_i IRAIR -I.N- SI "U
41314.5fl. 00 JAMES URIC K R E F U h 0
013143 25* 00 lARI AN WOJCI K R E F U N 0
Z. 44 R 0 Ui ARCT -- ELrECT RI C __ __ __ _. _ -- -R _ -E -F.U N 0
i2E 144 9 340.49 CHECKS WR ITTEIN
TCT AL CF 217 Cf-ECKS TOTAL 3359556018
INDICA ITEMS FINANCED BY RECREATIONA FEES
Y OF MArLEWOOC PAYROLL REPORT PAGE 1
CERTIFICATION REGISTER CHECK DATE 4- -u 23 d 2
CHECK.NAME GRO PAY NET Fm Y
N fl .MA 27 5 00 _---81 83
03611 BASTIAN GAPY w 2i 5 00 256.57
03612 GREAVU JOHN __.c 35 . 00 51.83
03613 ___JUK R. N C S _ --L .
03614 MATDA MAYLEE T'S.00 23fi.29
03615 E VA N S BA R Y 1v817*54 i, 0 66.6 0
0 _ _S - -r V. UA N _ _7 .3
03E17 PELOQUIN ALEItEO 747o23 173.83
0 3618 SCHLE OCHER JOHN -- - - -. - -F -- -176.50 ifi8.53
LARRY 1910 14-4 . 7
03620 DOHERTY KATHLEEN M 305000 214* C 8
03621 Z U E P C H E p J0141 i 111039 115.21
0 3-6-2 _P AU ST - - -- _ _DAN I .. - - -1 X4.4.6 -_4 6_ -
03623 HAGEN ARLI EVE J 688* 92 39d.i3
03624 M A T H E Y S A L A N A -67 fi 5 - ..470 -. - -- - - 8 __
0. 362 ___Y.IGON_._DELORES 5- 62 _ -- _396.69
03626 AURELIUS LUCILLE E 1 688.4D
03627 S E l V 0 G`8 E T T Y 711.23 444.71
a 3 6 2 8 - --GREEN P H) L. L S - -- --T S . 9 2 5 0 4.2
03E29 SCHADT JEANNE L 215.3E 176* 0
03630 V I E T OR L ORR A L_NE__S 561.69 3784121
P A T RI. C + A _a . _2 3 5.31
03-632 BJ STYR DEBORAH A 532.16 253.77
0363%3 H A G t N THOMAS 1 - Z _ -.... _ _ __t 4* 1 304.83
0 3 6 3 4 O MA T H J0X 15.3-9 39 3 6 5.4 0
I T uf- MAPLEWGQO PAYRCLL PEPGF
M L7
CHECK
CERTIFICAT
NAME
I0N REG 'r,
GROSS PAY
CHECK DATE 0423-8 2
NET ny
3 3-t C_KI-E— _Ajj Z
036-36 SCHALLER I HC Mow'. O w 1, 541.54
03637 SE N SEN JOANNE M 67'.5;42 -- - - _ - - -
03639 ATCHISCN JON'1 9 0 3 b .15
0364 0 C A H A N E c ANTHONY G 1 234, 26 127. _ 88
fl 364 2 COLLINS KENNETHH v i,24i.bb 125.5
03643 DEL MONT DENNIS 0 _-61e85
0 3 6 4: -k _.__.._D R E G E ____
5 ._
03E,5 PEA N0W RAYMONDNE E x+98.77 570
036 GREE NOR M A N 1 630.91
0 364.7 -M A L W-E C
03648 HEjN,Z STEPHENHEN J 8 0 3.50 5 0 9.
03649 HERBERT MICHAEL 1 035.83 635055
D365D _.JAQUTH -- --A:. d. . ---
r 7!A1.. _ 2
03652 KORTUS DONALD 666.3+477.18
0365
03653 MCNULTY _
RICHARD
JOHN i
1 05
1-926 2. 63
523. 3
3. 8 a .6 3
03654 MEEHA N, J?JAMES E 997.38 5 89.03
03655 METTLER DANIEL 8 1s 036.51 672.27
D3656
3365.7 MORELLI RAYMOND J 1#016.77 669.79
V.
E TIER WILLIAM F 1,151.54 631063
f 3 6 .5.9 -_ -- _ _S K A L -M AN
Y .OE MAPLEWOOD
i PAYROLL GE 3
a CERTIFICATION REGISTER CH CKT. p4 -23 -82
C WEC K GRO PAY NET P.AYPY
0 b6D ST Al GREGORY L 30_ ._ 6 642002
03661 STILL VE;ZNON T 997.38 5 87.92
03E62 STOCKTON DARPELL T If 076.86 684.7 8
03663 Z;A-PP -A -- --JOSEPH_A 1,.219 b9 .46.. 0_3.___
03664 8'EC KER BONA LO co 1 2Zb.44+
03665 CUSICK OEN N iS S 1, 414..50 8 bb. 8 9
03666 G?AP _ DAVID___ - - - --m 1 z _ Q b . 2 3 _ -5.0.1.5 6
03667 L €E ROGER W 1,15 3.4 8 E53.15
03668 MELANOER - _....___.JON ._.._._..___.Q 1,117.73 44.18
03669 NF_LSON_ - - - -- -__ - --CAROL -- -m 1 1 27 _.-7 3 4 * 6 - - -- -- - - - - -- --
03670 RAZSKA DALE E 1 0 64 bi 173.48
036 7 1 RYAN MICHAEL -P - -- -19065 . e2 3 8.77
0 3b 72 V0' WK__R OBE P?T .._._1 ib 2.73 2 2 9.15
0 3E 73 Y OUNGREN JAMES G i, 16 7.40 E75.96
03674 M 8 E A T S 0 N JAMES - . -- -- --M._9 44.31 6 06.18
03E7? .----SCH.A0T _ALFREC C 1 12'. •z . _ . _ . _ . _. ?_ _. _._____._.5 7.3.5
03E76 FLAUGHER JAMME L 677.54 x+32.72
03677 E U 6 L E R _J A ! E .S _-D 5 662 426.62
flit t . tiNi3 oER -V i(ATHRYNi_E 549 _ - Is
03679 NELSON KAREN A 634.44 391e79
03f-80 N E L S 0 N - -- --ROBERT - - - - --D -1, 17 5.54 613.b8
03681 R AS I N E_ _ _ _ _JANET .L 274.85 208.18
03682 TUCHNER MICHELE A 617.08 298. 78
WILLIAMS OUANE J 19055o54 47 , '0 7T
036.84 ---MA ?I b3 294 _._ o - - - -331
Y OF MAPLEWD.OE PAYROLL PEPORT PAGE 4
CERTIFICATION REGISTEr CHECK DATE 04 - - 82
G H `.G.K NAME --GROSS .PAY NET P A Y
0.36 _e H..... A ID E g._.._.KE E TH _.1. 91 • Q _ . _ -4 ' • . 8 - - __ - -- - _
03686 WEGWERTH JUDITH A 49 0.62 349 *.3 0
z; 03687 LASS WILLIAM G 1, 157.08 552.82
E
t ,
r
03689
t
NELEY RONA LO J 90 1925 560.4 0
03690 HOCHBAN JOSEPH H 756.80 5fl1.0T
036-91 K A ti.E _______.__ _ .G . .__8_U .. 3_ _3 8 8_• 31.
03692 KLAUS ING HENRY F 899.83 473909
03693 NEYEf GEgALD W 84 409.44
J G PH__.____ -
03695 REINERT EGWARC A 824 *00 518.63
J 03696 TEVL J'HARRY J 951.24 589.
0.3 e -E LI . A S . - - --X 8 . 69 589 * ?
03698 GEISSLEF WALTER M 935.08 543 .47
03699 GESSELE JAMES T 901s92 587. T 9
0 3 7-0.0. _P - - -- -D E R N IS -L--. --s b __ ___49 4 .0 5.
03701 PILLATZKE DAVID J 1, 157.08 771.89
03702 WYMA N - - - ---DAMES N 797.54 536.43
037-03 I UT Z _._._. __0 A-Y. _--_P .._f_7_. Q 4 b _- -- - - - - . - -- -
03704 SREHrIP ROGER W 798.45 486.12
03705 DSOH_A 8 0.00 5490
0 3:7 0.6__
03707 NADEAU EDWARD A 886.46 5" - . 07
D370 e NUTS ONS LAVERNE S 29128.80 x+73.89
0.3 ? 9 Oft N _ ___. _ _8_
OF MAPLEwooC PAYROLL DEPORT P;,G 5
52 8.3.8
4
CERTIFICATION REGISTEF CHICK DATE 04 -23 -$2
03720 LEMON JEFFREY S
HECK NAME
0 3721 L18 RA RDT
GROSS PAY NET PAY
lA L t - __- - - -...JOHiv 90 $_* $ -_4.84_* 0 8_ _
037 MUL VA NE Y DENNIS M 87 8.40 517.3 7
03712 8 R ENN E R 0 I S 1 726. 36 21.58
037,13 -------KRUMMEL 3Ac B AP A A _ .2 3. +6 - - _ - - --12 0 ._5 b.
03714 O DEG A RD ROBE RI D 1, 364.77 8 21.7 9
03715 STAPLES PAUL. INE M 1 - , 056.52 - --- -__644.67
03716 SUP10E _MYLES 824•0a 433 7
F103717 GERMA IN DAVI A 824.511s17
F
03718 - _--GUSINDA -MELYI J 1,.08.00 594.56
03719 HEEYL - _ O . A N fl 8 2 4 a 0 0 52 8.3.8
4
03720 LEMON JEFFREY S 77.40
0 3721 L18 RA RDT THOMAS C 170.00 148.21
0 3722 MARUSKA mA^ K A 824.00 5 0.68
03723 SANTA REED E 829.465.88
E,
X103724
A
TAURMAN -DOUGLAS J 804*00 497.14
f
1-0-3.7-2f w aR _ROY G 328.251.8 b
E
03726 GRE W JANET M 70 1.47.58
03727
r
SOiTTE.R ... - -. --CHRISTINE.684.92 4 {3.39
C EBECK JUDY 286.3
03729 OLSON GEOrFREY w 1, 34 0.31 801933
L
f.'.Ij ..
1 03730
ice_..___.
EKSTRAND
i _ _..r_. _.._... _ _.. ._- - _ •____ _
THOMAS G
w.
932.83 527.26
u
A3731 JOHNSON AN3A1.L L 9.1 0.74
1103732 OSIPOM MAFJORIE 1, 133.54 693o-48
0 37 33
t1
i { {
wENGER 08ER)J 857.54 482.74
Si
HECK. REGIS-TER-TOTALS 106,365.79 55,606.19
r
MEMORANDUM
TO City Manager
FROM: Director of Public Works
DATE: Apri.1 29, 1982
SUBJECT: No Parking - East Shore Drive
The residents in the
East Shore Drive have
County maintains this
restriction.
It is recommended the
post East Shore Drive
apartment building west of the Frost Avenue Connection on
requested a no- parking zone be' established. Ramsey
section of roadway and has no objection to the parking,
City Council adopt a resolution requesting Ramsey County
west of the Frost Avenue ' Connecti on no parking.
E _3
MEMORANDUM
TO City Manager
FROMO Assistant Ci Engineer
DATE: April 29, 1982
SUBJECT: Manual of Engineeri Gui l deli nes
Enclosed herewith is a "Manual of Eng Guidelines" h'9 g w ich we
recommend to the City Council for adopti
The City provides developers the option of retaining independentpg engineersandcontractorstoperformtheworkassociatedwiththedesignandconst 'g ructionofstreetsandutilitwithintheirsubdivisions. These systems. are eventuallyacceptedbytheCityforownershipandmaintenanceasartoftheCity's 'municipal system,
p y s overall
We sense the need for engineering standards to insure quality instalq • y ati onsanduniformperformancefortheexistingandfutureresidentsofMaplewood.
Therefore, to standardi engineerin requirements fogq r developers to meetthoserequirementsusedbytheCitystaffengineersandconsulitiimportantthatguidelinesnesbeado
s
g adopted.
This manual outl requirements, material •q s, performance specificationsandstandardsforthepreparationofplansandspecificationsandconstructiofstreets, sanitary sewers, watermaiens, and storm drai facilities.
mb
enclosure
1
E Ilk
MEMORANDUM
T0:
FROM:
SUBJECT:
LOCATION:
APPLICANT /OWNER:
PROJECT:
DATE:
Request
City Manager
Tom Ekstrand, Associate Planner
Final Plat
Linwood Avenue
Washington Service Corporation
Linwood Heights
April 19, 1982
Action b
tN. +w0.. .fR'TYe'yNiiRS
J '
i -. - •+•s yy ". A. - .RfsmlG .lef - a . _.r ... t r ... ...
Approval of a final plat fora 74 unit townhouse development (21 buildings).
Past Action
7 -2 -81: Council approved the preliminary plat for Linwood Heights, subject to
the following conditions:
1. The f nal . pl at shal 1 not be approved unl ess :
a. Council orders the construction of Hillwood Drive from the east side of
the Crestwood Knolls Plat to McKnight Road, including sanitary sewer,
water, storm sewer, and storm water retention ponds;
b. Council orders the construction of Dort and Road from proposed Hi 1 i wood
Drive to Linwood Avenue including sanitary sewer, storm sewer, and a
storm water retention pond.
c. The l split is approved by council and the property for Dort and Road
is deeded to the City
d. That lots 7, 12 and 24 be designated as outlots and that whatever changes
are necessary to meet the 30 foot setback requireme be made to the
agreement of staff and developer.
e. The City Attorney has reviewed and approved the by-laws and rules of the
proposed homeowners' association to assure all common areas are maintained.
f. Easements for public utilities to be approved by the Director of Public
Works
g. The applicant shall enter into a developers' agreement with the City for
on -si public improvements.
2. Approval of a final grading and drainage plan by the City Engineer.
3.. Submission of an erosion control plan, incorporating the Soil Conservation
Services recommendations to the Director of Community Development before
building permits are issued.
4. Approval of a Planned Unit Development.
Analysis
i
All conditions for final plat approval have been met. The final plat needs to be
revised to include an easement for public purposes over the Hill wood Drive
cul-de-sac in the northwesterly corner of the site.
Recommendation
Approval of . the final plat for Linwood Heights.. subject to the condition thattheapplicantshallprovideaneasementforublicpurposesforth
Drive cul-de-sac.
P P p e Hi N wood
jw
Enclosures:
1. Location flap
2. Site Plan
2
c
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V Rp.
t
LA. F
W
NO
V
4v t2
39 (2) o'
v (3) P(
cr
4) 0
4) -MAILAND RD. h <
Crestwoo oo d (2)
Knobs Vista Hills
Park
y Prop sed - n
L i nw d - a
H ei s -
Z z c9 > > c
0 o c
2 25}
LINW AVE.
3
A . wLr 72
CA HL z
CT o
T2•N W ~
1 I TR2tW
i
R21W ' 'Z
I• Q =PMYLIS
HI HW A
14 -L
MIE •vE.
0 ) EMTZ LAVEAw
SOUTHC S DOL
c
I
s1r
i
LOCATION MAP
LINWOOD HEIGHTS
IVorh hnif SOUhwe Qidarle' q,1hl SOufi), Quorl'r' C}' Se of) l: 70hr)rhr 7R, ti )pc 12
j (_bar • ,!;.• -7GS, G¢
A. HILLW000 1 pRIVE
w HH » . ; f. i " 'w •+ :1 M . t52 . ' gip_ •
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OUTLOT
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10.00 ` , o ` ° 3 'A -E °+ • '? ` ` ,, ;; 8
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4•
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fit ' °° 0 .
E. o o + "s 3 OUTLOT 6
0000
15 Io 1 • i! Ag , Y . / • . s u • ''!O'rnr - 410-0
MAGI# ( 4r,0) fot +nnen? 'I of ' o«+• . '` 1 g 10vaw rf r.r,,r •S. 61 51"10• W.Norlh inf lhe S 5001 d ol ' S k/% q ^Ifht SW Y, i See %on /. T wn ship 28, Ronder.
SITE-PLAN
LINWOOD HEI
4
N
E-S
TO
FROM:
SUBJECT:
LOCATION:
APPLICANT:
OWNER:
PROJECT:
DATE:
MEMORANDUM
City Manager
Thomas Ekstrand, Associate Planner
Final Plat
County Road B and Hazel Street
Castle Design and Development Co. , Inc.
Arthur W. Bollman
Arthur W. Bollman's Addition
April 20, 1982
Ac OP
L.t
Maa..
Re nest
Approval of a final plat for a four -lot single-family subdivision.
5-7-81: Council approved the preliminary plat subject to:
1 Payment of sewer cash connection charge for lots 1 and9 2.
2. Evidence of an adequate well water supply.
30 City Engineer approval of the final radi n and drainage9g p1 an .
A n a l y s i s
The following is in response to the conditions of final platting:
1. Cash connection charges have not been paid.
2. There is no reason to suspect that there is not an ade uate supply of well
water available.
q
3. The City Engineer has approved the final radin and drainage plan,9 9 9 P
Recommendation
Approval of the final plat for Arthur Boll man's Addition, subject to the
payment of sewer cash connection charges for lots 1 and 2 before the plat is
signed.
Enclosures:
1. Location-Map
2. Site Plan
in L,r: t
W
h H t
KOKLWAN AVE.
s
h
ROAD
C7 • W
Z 1w. U
W • Z
cr
EDGEML.L R0.
V
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WA
ai' - 'Z
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36
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AVE 7.
u
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L_--J VAIS
G A,Wf V71 E W AV
L Vt dR.
SHERe .EN AV
lVE
v Avg t n • , ., E 28
I Fl I n- I- I- 11 }W 4 -
LOCATION MAP
K 4t v A Ii AVE lid
h
t
3
A l i !1 AVE. _
AV
6
DvtaSTlE
S E;t : AYE.
COPE AVE.
29
T ^ AVE
PRICE z AV
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VAC.
17.5.0
74
175.0
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i
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MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT
PROJECT:
DATE:
City Manager
Associate Planner.- Johnson
Final Plat
Gervais and White Bear Avenues
OWNER:Stanley Wessin (Lecon Properties)
Maple Ridge Mall
April 29, 1982
OOOMJ514 /0
A c i 02,E b
r. •
Reque
Approval of a final plat to create six commerci lots and an outlot.
Proposal (See enclosed plat)
1. The outlot would be dedicated to Ramsey County Open Space.
20 Lots two through four would compri the Maple Ridge Mall site. Lots one
and three woul be developed separately.
3 There are no proposals at thi time to develop the remainder of the P 1 at.
A ,., 4 -X.,.
12- 17 -81: Council approved a preliminary plat for Maple Ridge Mall , subject 'ect to
the following conditions:
1. All easements. (Gervais Avenue, storm water, ponding, and sanitary sewer)
being described in the plat shall be the same as in previously recorded
easements of record. These easements to be approved by the Director of
Public Works
2. Outl of A is dedicated to Ramsey County .
3. Approval of final grading, drainage, and utility plans by the City En 9 ineer.
49 Submission of an erosion control plan, before a building permit issued.
5. The north twenty feet of block six, Maplewoodewood Addition lyingn west of WhiteP Y 9 hate
Bear Avenue, shall be included in the plat as part of lot one, block one
or . a deed shall be recorded with Ramsey Count prior to final plat tYYPP o
transfer title to . the property owner abutting to the north. -Said deed
shall contain a deed restriction stating, "This pro ert shall not bePY
considered a buildable parcel." :_
Analysis
The City Engineer has conceptually approved grading, drainage, and utilit
plans for this project. Final approval cannot be granted until the County and
Watershed District have completed their rovi ew, Final approval must be
granted before a building permit w i l l be issued.
A deed for the dedication of Outlot A to Ramsey County should be submitted
before tine plat is signed.
A deed was filed with Ramsey County last summer to transfer the north fortyfeetofblocksix, Maplewood Addition to the property owner to the north.
Recommendation
Approval of the final plat for Maple Ridge Mall, subject to the submission
of a deed for the dedication of Qutlot A to Ramsey County prior to signing
the plat,
jC
enclosures
Location Map
Property Line Map
Final Plat
2
o
rE •W
AVE.
c 23
J
h
E DGE HILL R0.
DE WONT AVE _
Itt OO+c AVE o
cr
ir
11 t AVE .m
SE XT
IS AV
0 AKDVIEW AV
2640 N.
2400 N.
ft I
2160 N.
H T a AVE. W 4i PUBLIC WV
R ll) STANiCN Cf.64 > eLDG. R
AVE. _to r m Ld.. ...
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E -7
MEMORANDUM
To: Barry Evans, City Manager
From: Robert D. Odegard, Director of Community Services
Subj : Acceptance of Co.ntri buti on from St. Paul Lodge No . 963-
Loyal Order of Moose
Date: April 9 1982
Our department is in receipt of a check from St. Paul Lodge
No 963, Loyal Order of Moose, in the amount of $25Q.00.,
They have requested that this donation be used for planting
flowers this spring in the parks.
I recommend that the $250.00 contribution from the Loyal
Order of Moose, Lodge No. 963, be recei pted to the General
Fund and also adjust the Park Maintenance Materials Fund
by the addition of $250.00.
The Community Services Department will acknowledge the con-
tribution with a letter of appreciation to the Moose Lodge,
f-
ROBERT L. JENSEN, D.D.S., M.S.D.
JANE HERMES JENSEN, D.D.S., M.S.D.
SPECIALISTS IN PERIODONTICS
MAPLEWOOD MEDICAL & PROFESSIONAL BLDG.
1812 NORTH ST. PAUL ROAD . MAPLEWOOD, MN 55109
PHONE: 770 -3014
WOODBURY OFFICE S.TILLWATER OFFICE
1937 WOODLANE DRIVE 13961 NORTH 60TH ST.
WOODBURY, MN 55125 STILLWATER, MN 55082
PHONE: 738 -9050 PHONE: 439 -8032
April 29, 1982
Mrs. Lucille Aurelius, City Clerk
Maplewood City Offices
1380 Frost Avenue
Maplewood, MN 55109
Re: Maplewood Dental Specialists Building
Dear Mrs. Aurelius':
This letter is to indicate our intention to pay connection
charges for our building on White Bear Avenue and 11th Avenue
at the time we close on our loan with the First State Bank
of St. Paul. We will not be proceeding with construction
of a building on Cope Avenue,
Please contact us if you need additional information. Thank
you.
Sincerely
1 !f
Roif`t L. Jensen, D.D.S,
RLJ /bh
CITY OF MAP LEWOO D
800, COMMERCIAL DEVELOPMENT REVENUE NOTE OF 19$2
MAPLEWOOD DENTAL SPECIALTIES PROJECT)
ADOPTED: 1982
s
NOTE RESOLUTION
This Table of Contents is not a part of this
Resolution, but is included for convenience only)
TABLE OF CONTENTS
ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION Page
ANDFINDINGS .....
Section 1 -1.f f
Definitions
Section 1 -2.Legal Authorization..............
1
3
Section 1-3.,Findings 3
Section 1-4.Authorization and Ratification
of Project 5
ARTICLETWO NOTE...6
Section 2-1.Authorized Amount and Form
Section 2-2.
of Note
The Initial Note
6
Section 2--3.f ................ .
Execution
14
14
Section 2 -4.Delivery of Initial Note.........14
Section 2 -5.Disposition of Note Proceeds....,15
Section 2-60 Registration of Transfer.........1 5
Section 2 -70 Mutilated, Lost or Destroyed
Section 2-8.
Note . . . . . . . . . . . . . . . . . . .. . • . . . . . . . .
Ownership of Note ................
15
16
Section 2--9.Limitation on Note Transfers.....16
Section 2-10*Issuance of New Notes.............16
ARTICLE THREE - GENERAL COVENANTS* 00 . . . . . . . . . . . . . . . . ...17
Section 3 -10 Payment of Principal and Interest.17
Section 3 -2.Performance of and Authority
Section 3 -3.
for Covenants.....................
Enforcement and Performance of
17
Section 3-4.
Covenants..........................
Nature of S ecurit ................Y
17
18
r
ARTICLEFOUR MISCELLANEOUS ..........................19
Section 4 -1.Severabilit Y ......................19
Section 4 -2.Authentication of Transcript......19
Section 4 -3.Registration of Resolution........19
Section 4 -40 Authorization to Execute
Agreements ........................19
SIGNATURES...........20
NOTE. RESOLUTION
BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1 .Definitions.
The terms used herein, unless the context hereofshallrequireotherwiseshallhavethefollowingmeanings, gs, and
any other terms defined in the -Loan Agreement shall have the
same meanings. when used herein as assigned to them in the Loana
Agreement unless the context or use thereof indicates anotherordifferentmeaningorintent.
Act: the Minnesota Municipal Industrial Development ActMinnesotaStatutes, Chapter 474, as amended;
P
Bond Counsel: the firm of Briggs and Morgan,. ProfessionalAssociation, of St. Paul and Minneapolis, Minnesota, . p sofa, and anyopinionofBondCounselshallbeawrittenopinionsignedb.such Counsel; g y
Borrower: Maplewood Dental Specialties, a Minnesota
general partnership, its successors, assi ns, and an
surviving, resultin
9 y
g • g . or transferee business entity which mayassumeitsobligationsundertheLoanAgreement;
CtY the City of Maplewood, Minnesota, its successorsandassigns;
Construction Loan Agreement the agreement to be executedxecutedbytheCity, the Borrower and the Lender, relating o thedisbursementandpayment
g
p yme t of Project Costs for the acquisitionoftheLandandtheconstructionandinstallationofthe
Improvements;
Equipment any and all machinery, equipment, furniture
and other tangible personal property purchased or to be
purchaed by the Borrower with the proceeds of the Note
including, without limitation, those items of machine equip-machinery, quip -ment, furniture and other personal property more particularlyPyprlylistedanddescribedonExhibitBtothisAgreement;
Guarantors: collectively, Dr. Dennis McMahon, Dr. Walter
B. Parsons, Dr. Robert L. Jensen and Dr. Jane H. Jensen;
Guaranty the Guaranty of Specific Indebtedness to be
executed by or on behalf of the Guarantors as of the date of
this Agreement;
Improvements the structures and other improvements,
including any Equipment, to be constructed or installed by the
Borrower on the Land in accordance with the Plans and
Specifications;
Land: the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Leases: all leases now or hereafter affecting the Land;
Lender First State Bank of Saint Paul, Ste Paul,,
Minnesota, its successors and assigns;
Loan Agreement the agreement to be executed by the CityandtheBorrower, providing for the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including anyYamendmentsorsupplementstheretomadeinaccordancewithits
provisions;
Mortgage the Statutory Mortgage, Assignment of Leases
and Rents, Security Agreement and Fixture Financing Statement
to be executed by the Borrower, as mortgagor, to the Lender, as
mortgagee, securing payment of the Note and interest thereon;
Note: the $800,000 Commercial Development Revenue Note of
1982 (Maplewood Dental Specialties Project) , to be issued by
the City pursuant to this Resolution and the Loan Agreement;
Note Register the records kept by the City Clerk to
provide for the registration of transfer of ownership f the
Note;
P
Plans and Specifications the plans and specifications
for the construction and installation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
2
Pledge Agreement the agreement to be executed by the
City and the Lender pledging and assigning the Loan Agreement
to the Lender;
P rincipal Balance so much of the principal sum on the
Note as from time to time may have been advanced to or for the
benefit of the City and remains unpaid at any time;
Project the Land and Improvements as they may at anytimeexist;
Project Costs the total of all "Construction Costs" and
Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution: this Resolution of the City adopted
1982, together with any supplement. or amendment
thereto.
All references in this instrument to designated
Articles, "Sections and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,,"
hereof" and "hereunder " and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1-2. Legal Authorization
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1 -3. Findings
The City Council has heretofore determined, and does
hereby determine, as follows:
1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as. more fully described in
the Loan Agreement and which will be of the character and
3
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the Pledge Agreement, the Note and the
Construction Loan Agreement, which documents specify the terms
and conditions of the acquisition and financing of the Project;
3) in authorizing the Project the City's purpose is, and
in its judgment the effect thereof will be, to romote the
ubl' P
p is welfare by: the attraction, encouragement and
development of economically sound industry and commerce so as
to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the develop-
ment of revenue - producing enterprises to use the available
resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the halting of the movement of talented,
educated personnel of all ages to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and . facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the cost of
governmental services, including educational services for the
school district serving the community in which the Project is
situated;
4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 of the Act, will require the
issuance of the Note in the principal amount of $800,000 as
hereinafter provided;
5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of partially financing the Project;
6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge9.
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or interest
thereon; and
7) The Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption subparagraphprovidedunder
A) of Section 103 (b) (6) of the Code with respect to an issue
4
of $1,000,000 or less provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objeects and purposesoftheProject,
P P
1 -4 Authorization and Ratification. of Project,
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03 (7) of the Act and subject to the terms and conditions
set forth in the Construction Loan Agreement, to p rovide for
the construction and installation of the Project pursuant to
the Plans and Specifications by such means as shall be
available to the Borrower and in the manner determined b the
Borrower, and. w • t
y
without advertisement for bids as may be required
for the construction and acquisition of municipal facilities;
and the City hereby ratifies, affirms , and approves all actions
heretofore taken by the Borrower consistent with and in
anticipation of such authority and in compliance with the Plans
oandSpecificatins .
5
ARTICLE TWO
NOTE
2--1 • Authorized ,Amount and Form of Note
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein with such
appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance
with the further provi s ions hereof; and the total rinci alPp
amount of the Note that may be outstanding hereunder is
expressly limited to.$800,000 unless a duplicate Note is issued
pursuant to Section 2 -70 The Note shall be in substantiallythefollowingform:
Co
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY - OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1982
Maplewood Dental. Specialties Project)
800,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the, "City ") hereby promises to pay to the
order of First State Bank of Saint . Paul, in St. Paul, Minnesota
the "Lender ") , its successors or registered assigns, from the
source and in the manner hereinafter provided., the principal
sum of EIGHT HUNDRED THOUSAND DOLLARS AND 00/100: DOLLARS
8 or so much thereof as may have been advanced to
or for the benefit of the City and remains unpaid from time to
time (the "Principal Balance ") , with interest thereon at the
rate of thirteen and twent .- ive hundredths percent (13.25 %)
per annum or at such other rate as hereinafter provided in
paragraphs l(c) and l(d) hereof, in any coin or currency which
at the time or times of payment is legal tender for the payment
of public or private debts in the United States of America, in
accordance with the terms hereinafter set forth.
1 • (a) From and after the date hreof and until the
Amortization Date" (the first day of. the calendar month next
succeding completion of the Project in accordance with the
Construction Loan Agreement hereinafter referred to, but in any
event no later than unless extended by theLender), interest on s a e pai Interest shall accrue
from and after the date of each and every advance so made under
this Note and shall be payable on the first day of the calendar
month next succeeding the date upon which the first. advance is
made, and on the first day of each and every month thereafter.
b) From and after the Amortization Date, the
Principal Balance shall be paid in 240 equal consecutive
monthly installments payable on the first day of each month
commencing on the first day of the calendar month next
succeeding the Amortization Date and continuing until the
Principal Balance shall have been paid (the "Final Maturity
Date"),
7
c) From and after the Amortization Date,interest accruing on the Principal Balance for any calendar
month shall be payable on the first day of each month
commencing on the first day of the calendar month next succeed
ing the Amortization Date and continuing until the accrued
interest on the Principal Balance shall have been aid. Unless
a "Determination p
of Taxability shall occur, in which event the
interest rate shall be governed b paragraph 1 (d) hereof, tYpgP e
i
h
rate of interest shall be adjusted every three years on January10untiltheFinalMaturityDate, beginning Janua 10, 1986.January
On each such January 10, the rate of interest shall be adjusted
to a rate equal to seventy -five hundredths percent (.75%) in
excess of the average of the rates published for the preceding
four weeks as the 182 day United States Treasury Bill yield as
such . rate is published each Tuesday in the Wall Street Journal
or in the event such rates are not published or are otherwise
not available, a similiar successor rate chosen b the Borrower
and
Y
approved in writing by the Lender, provided that if no such
successor rate can be agreed upon, Lender shall have the optionofcallingthisNote)*
d) If the interest on this Note should become
subject to f ederal income taxation pursuant to a "Determination
of Taxability" as that term is defined in Section 4.07 of the
Loan Agreement of even date herewith between the City and
Maplewood Dental Specialties (the "Borrower ") (the "Loan
Agreement"), and the Lender delivers to the Borrower a copyco of
the notice of the "Determination of Taxability", the interest
rate shall be imanediately adjusted to six percent (6 %) per
annum in excess of the average of the rates published for thep
preceding four weeks as the 182 day United States Treasury Bill
yield as such
i.
rate is published each Tuesday in the Wall Streety
Journal (or n the event such rates are not publishedrare
otherwise not available, a similiar successor rate chosen by
the Borrower and approved in writing by the Lender, provided
that if no such successor rate can be agreed upon, Lender shall
have the option of calling this Note) which rate shall be
adjusted on each succeeding January 10 and each monthlyY
installment thereafter payable shall be adjusted accordingly.In addition the Lender shall be entitled to receive upon demand
an amount equal to the aggregate difference between (i) the
monthly payments theretofor made to the Lender on this Note
between the "Date of Taxability ", as that term is defined in
the Loan Agreement, and the date of receipt by the Borrower of
notice of such "Determination of Taxability ", and (ii) the
monthly payments which would have been made during such eriod
if the adjusted
P
rate had been in of fect throughout such period .
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
8
service charge, at maturity, upon redemption, or otherwise.
Interest shall be computed on the basis of a 360 day year, but
charged for the actual number of days elapsed in a 365 day
year
3. If the Lender should not receive on the first day
of any month all of the principal and interest then due on the
Note, and if the City should continue to be in arrears through
the fifteenth day of such month, then, in addition to all other
sums due hereunder, the Lender shall be entitled to receive on
the sixteenth day of such month a service charge equal to. four
percent (4.00 %) of the delinquent principal and interest.
4. Principal and interest and premium or service
charge due hereunder shall be payable at the principal office
of the Lender, or at such other place as the Lender may
designate in writing.
5. This Note is issued by the City to provide funds
for a project, as defined in Section 474902, Subdivision la,
Minnesota Statutes, consisting of the acquisition of real
estate, and the construction of a 12,000 square foot
office /dental facility thereon, pursuant to a Loan Agreement of
even date herewith between the City and Maplewood Dental
Specialties (the "Borrower ") (the "Loan. Agreement"), and this
Note is further issued pursuant to and In full compliance with
the Constitution and laws of the State of Minnesota,
particularly Chapter 474, Minnesota Statutes, and pursuant to a
resolution of the City Council duly adopted on
the "Resolution ").
6. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender (the "Pledge
Agreement ") , a Statutory Mortgage, Assignment of Leases and
Rents, Security Agreement and Fixture Financing Statement, of
even date herewith between the Borrower, as mortgagor, and the
Lender as mortgagee (the "Mortgage ") Assignments of Life
Insurance Policies issuing the lives of Dr. Dennis McMahon, Dr.
Walter Be Parsons, Jr. and . Dr. Robert L. Jensen. Payment of
this Note is unconditionally and jointly and severall Y
quaranteed by Dr. Dennis McMahon, Dr. Walter Be Parsons, Dr.
Jane H. Jensen, and Dr . Robert L. Jensen pursuant to the terms
of a certain Guaranty of Specific Indebtedness in favor of the
Lender (the Guaranty) and the disbursement of the proceeds of
this Note is subject to the terms and conditions of a
Construction Loan Agreement of even date herewith between the
Lender, the City and the Borrower (the "Construction Loan
Agreement ") .
7. The Lender may extend the times of payments of
interest and /or principal of or any service charge or premium
due on this Note, including the Final Maturity Date, without
0
notice to or consent of any part liable he and Withoutlthoutreleasinganysuchparty. However, in no event may the Final
Maturity Date be extended beyond thirty ears r
date hereof .
y y y from the
8* Th Note may be prepaid in whole or in part at
any time without premium.
9. This Note is further subject to prepayment b theCity, at any time, without a premium,
y
p in whole or in part, upontheoccurrenceofcertaineventsofdamage., destruction or
condemnation of the property secured by the Mortgage, e, a s
specified in Section 2 of the Mortgage,, . In addition, - the
Lender shall have the option to declare the Principal Balanceandaccruedinterestdueandpayableonthefirstdayofthe
tenth (10th) Loan Year and the first day of the fifteenth15th) Loan Year upon ( ) days prior writtenypnoticetotheCityandtheBorrowTheterm Loan Year asusedhereinshallmeanatwelve (12) month period commencin g on
the Amortizat Date and on each anniversary thereof.
10. In the event of prepayment of this Note, the
Lender shall apply any such prepayment against the accruedinterestonthePrincipalBalanceandthenaainstthe
rin g final
principal amounts due under the Note. The monthly payments due
under paragraph 1 hereof, shall continue to be due and a able
in full until the entire P
y
Principal Balance and accrued interest
due on this Note have been paid regardless of any partial
prepayment made hereunder.
11. As provided in the Resolution and subject to
certain limitat ions set forth therein, this Note is
transferable upon the books of the City t the office of the
City lerk b
y
by hisy , y the Lender in person or s agent dulyauthorizedinwriting, at the Lender's expense,upon surrender
hereof together with a written instrument of transfer
satisfactory to the City Clerk, duly xecuted b the Lender
d
Y y or
his my authorized agent.
Upon such trans the City Clerk will mote the date of
registration and the name and address of the new registeredg.steredLendeintheregistrationblankappearingbelow. The City maydeemandtreatthepersoninwhosenametheNoteislast
y
registered upon the books of the City with such registrationnotedontheNote, as the absolute owner hereof, whether or not
overdue, for the purpose of receiving payment of or on the
account, of the Principal Balance, redemption P rice or interest
10
and for all other purposes, and all such Yrna ents so made toPtheLenderoruponhisordershallbevalidandoffectiveto
satisfy and discharge the yliabilit upon the Note to the extentofthesumorsumssopaid, and the City shall not be affected
by any notice to the contrary.
12. All of the agreements, conditions, covenants,provisions and stipulations contained in the Resolution, esolution, the
Mortgage, the Loan Agreement, the Pledge Agreement, the
Guaranty and the Construction Loan Agreement are hereby ade a
part of this Note to the Y
same extent . and with the same force
and. effect as if they were fully set forth herein.
13. This Note and interest thereon and any service
charge or premium due hereunder are payable solely from the
revenues and proceeds' derived from the Loan Agreement, the
Mortgage, the Assignments of Life Insurance Policies, the
Construction Loan Agreement, and the Guaranty, nd dy, o not
constitute a debt of the City within the meanie of anyYconstitutionalorstatutorylimitation, are not oaablefrom rpYachargeuponanyfundsotherthantherevenuesand
a
roceedspledgedtothepaymentthere
p
pym of, and do not give rise to a
pecuniary liability of the City or, to the extent permitted b
agents
Ylaw, of any of its officers, g or employees, and no holderofthisNoteshalleverhavetherighttocompelanyexerciseofthetaxingpoweroftheCitytoathisNoteortopaytheinterestthereon, or to enforce payment thereof against an
of the City, and constitute
g YpropertYy, this Note does not a
charge, lien or encumbrance, legal or equitable, upon anyYpropertyoftheCity, and the agreement of the City to performorcausetheperformanceofthecv • •covenants and other provisionsionshereinreferredtoshallbesubjectatalltimestothe
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
14. It is agreed that time is of the essence of this
Note If an Event of Default (as that term is defined in the
Mortgage, the Construction Loan Agreement or the Loan
Agreement) shall occur, then the Lender shall have the rightandoptiontodeclarethe
g
Principal Balance and accrued
interest thereon, immediately due and payable, whereupon thep
same, plus any premiums or service charges, shall be due and
payable, but solely from sums made available under the Loan
Agreement, the Guaranty, the Construction Loan Agreement, the
Assignments of Life Insurance Policies, and the e. Mort ag gFailuretoexercisesuchoptionatanytimeshallnot
constitute a waiver of the right to exercise the same at an
subsequent time. Y
11
15. The remedies of the Lender, as provided herein
and in the Mortgage, the Guaranty, the . Loan Agreement, the
Assignments of Life Insurance Policies, the Pledge AgreementandtheConstructionLoan. Agreement, are not exclusive and
shall be cumulative and concurrent and may be pursue singly,Y .p 9_y,successively or together, at the sole discretion.. of the sender,and may be exercised as often as occasion therefor shall occur;
and the failure to exercise any such right or remedy shall in
no event be construed as a waiver or release thereof.
160 The Lender shall not be deemed, by any act of
omission or commiss to have waived any of its rights or
remedies here
g
under unless such waiver is in writing and signed
by the Lender and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waiver
of any right or remedy as to a subseq event.
17. This Note has been issued without registration
under state or federal or other securit laws, pursuant to an
exemption for such issuance; and accordingly. the. Note may not
be assigned or transferred in whole or part, nor may a
participation interest in.the Note be given pursuant to any
participation agreement, except in accordance with an
applicable exemption from such registration requirements.
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required to exist happen and beqpp
performed precedent to or in the issuance of this Note do
exist, have happened and have been erformed in regularar andPg due
form as required by law.
IN WITNESS WHEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures of the
Mayor and City Clerk and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated
19 82 .
CITY OF MAPLEWOOD, MINNESOTA
Mayor
Attest:
SEAT.
City Clerk
12
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal Balance of this
Note and the interest accruing thereon is registered on the
books of the City of Maplewood in the name of the holder last
noted below.
Date of Name. and address Signature of
Registration Registered Owner City Clerk
First State Bank
of Saint Paul.
1000 Payne Avenue
St. Paul, Mn. 55101
13
2-2 The Initial Note
The Note shall be dated as of the date of del 'vshallbepayableatthetimesand
1 ery,in the manner, shall bear
interest at the rate, and shall be subject to such other termsandconditionsasaresetforththerein.
2-3* Execution.
The Note shall be executed on behalf of the Cityty bythesignaturesofitsMayorandCityClerkandshallbesealedwiththesealoftheCity. In case an officer 'y whose signatureshallappearontheNoteshallceasetobesuchofficerbeforethedeliveryoftheNote, such signature shall neverthelesstheless bevalidandsufficientforallpurposes, the same as if hadremainedinofficeuntildelivery* In they event of the absence
or disability of the Mayor or the City Clerk such officers oftheCityas, in the opinion of the City Attorney, may act intheirbehalf, shall without Y y •
h ut further act or authorization of theCityCouncilexecuteanddelivertheNote.
2-4. Delivery of Initial Note
Before delivery of the Note there shall be filed withtheLender (except to the extent waived by the Lender) the
following items:
1) an executed copy of each of the following documents
A) the Loan Agreement;
B) the Pledge Agreement;
C) the Mortgage;
D) the Construction Loan Agreement;
E) the Guaranty;
F) the Assignments of Life. Insurance Policies •
G) a Cost Certificate signed by the Borrower
certifying the use of the proceeds of the Note;
H) Leases now existing.
2) an opinion of Counsel for the Borrower as rescrib d
by Bond Counsel;p e
14
3) the opinion of Bond Counsel as to the validity and
tax exempt status of the Note;
4) a title commitment in form and substance satisfactorytotheLender;
5) such other documents and opinions as Bond Counsel mayreasonablyrequireforpurposesofrenderingitsopinion
required in subsection (3)above or that the Lender mayreasonablyrequirefortheclosing.
2 -5. Disposition of Note Proceeds
There is hereby established with the Lender a
Construction Fund to be held by the Lender as a separate
account of the City as provided in the Construction Loan
Agreement* Upon delivery of the Note to Lender, the P roceedsofsuchNoteshallbe, credited to the Construction Fund held b
the Lender on behalf of the City,,
Y
y, . at which time the entire
principal amount of the Note shall be deemed advanced, and the
Lender shall, on behalf of the City, disburse funds from the
Construction Fund for payment of Projectect Costs upon receiptJ fpPo
such supporting documentation as the Lender may deem reasonablynecessary, including compliance with the provisions of the
eConstructionLoanAgreement. The Borrower shall provide theh
City with a full accounting of all funds disbursed for ProjectCosts.
2 -6. Registration of Transfer
The City will cause to be kept at the office of the
City Clerk a Note Register in which subject ect to such reasonable
iregulationsas t may prescribe, the City shall provide for the
registration of transfers of ownership of the Note. The Note
shall be transferable upon the Note Register by the Lender in
person or b its agent dull authorized onorizedinwriting, asurrenderothe . Note toe her with a written instrument fgo
transfer satisfactory to the City Clerk, duly executed by the
Lender or its duly authorized agent. Upon such transfer the
City Clerk shall note the date of registration andg the name and
address of the new Lender in the Note Register and in the
registration blank appearin g on the Note.
2-7. Mutilated, Lost or D estro ed Note .
In case any Note issued hereunder shall become
mutilated or be destroyed or lost the City 'Y y shall, if not then
prohibited by law, cause to be executed and delivered, a new
Note of like outstanding principal amount, number and tenor in
exchange and substitution for and upon cancellation of such
15
Mutilated Note, or in lieu of and in substitutionbstitution .for such Notedestroyedorlost, upon the Lenders paying the reasonableexpensesandchargesoftheCitynconnection 'Y therewith, andinthecaseofa . Note destroy or lost,Y t, the with theCityofevidencesatisfactorytotheCitythatsuchNotewasdestroyedorlost, and furnishing the City ith indemnitytoit . Y itysatisfactoryIfthemutilated, destroyed or lost Notehasalreadymaturedorbeencalledforredemptioninaccwithits .terms it
P ordance
shall not be necessary to issue a new Notepriortopayment.
2 -8. Ownershi2 of Note
The City em and treat thema person in whose nametheNoteislastregisteredintheNoteRegisterandbnotationontheNote
g y
whether, or not such Note shall be overdue,as the absolute owner of such Note for the ur ose of receivingppeivingpaymentoforonaccountofthePrincipalBalance, redemptionpriceorinterestandforallother
p
purposes. whatsoever, andtheCityshallnotbeaffectedbyanynoticetothecontrary.
2-.99 Limitation on Note Trans
The Note has been issued without registrationgon understateorothersecuritieslaws, pursuant to an exemption forsuchissuance; and accordingly he Note may not b 'Y y e assigned ortransferredinwholeorpart, nor may a participationYpp interestintheNotebegivenpursuanttoanparticipationagreement,Y p p g Bement,except in accordance with an applicable exemption from suchregistrationrequirements,
p
2 -10 . Issuance of New Notes.
Subject to the provisions of Section 2 -9, the Cit
request and expenseshall, at the re q p se of the Lender issue new
notes, in aggregate outstanding principal amount equal to thatoftheNotesurrenderedand
q
of like tenor except as to number,principal amount, and the amount of the monthly installments
ther,
Y llments
payable eender, and registered in the name of the Lender orsuchtransfereeasmaybedesignatedbytheLender.
16
ARTICLE THREE
GENERAL COVENANTS
3 -1 Payment of Principal and Interest
The City covenants that it will promptly pay or cause
to be paid the principal of and interest on the Note at the
place,. on the dates, solely from the source and in the manner
provided herein and in the Note. The rinci al and interestPP
are payable solely from and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement, theg
Mortgage, the Constructi Loan Agreement and the Guaranty,which revenues and proceeds are hereby specifically pledged toYPYPg.
the payment thereof in the manner and to the extent specifiedintheNote, the Loan Agreement, the Pledge Agreement., the
Mort ` g •
Mortgage, the Construction Loan Agreement and the Guaranty; and
nothing in the Note or in this Resolution shall be considered
as assigning, pledging or otherwise encumberingg an other funds
or assets of the City.
Y
3-2* Performance of and AuthoritX for Covenants.
The City covenants that it will faithfully perform at
all times any and all covenants, undertakings, stipulationsg and
provisions contained in this Resolution, in the Note executed,
authenticated and delivered hereunder and in all roceedin s ofP9theCityCouncilpertainingthereto; that it is duly authorized
under the Constitution and laws of the State of Minnesota
including particularly and without limitation the Act to issue
the Note authorized hereby, pledge the revenues and assign the
Loan Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and theg Pledge
Agreement; that all action on its part for the issuance of theNoteandfortheexecutionanddeliverythereofhasbeenduly
and effectively taken; and that the Note in the hands of the
Lender is and will be a valid and enforceable special limited
obligation of the City according to the terms thereof*
3-3. Enforcement and Performance of Covenants .
The City agrees to enforce all covenants and
obligations of the Borrower under the Loan Agreement and
Construction Loan Agreement, and to perform all covenants and
other provisions pertaining to the City contained in the Note,
the Loan Agreement and the Construction Loan Agreement and
subject to Section 3 -4.
17
3-4. Nature of Security
Notwithstanding anything contained in the Note, the
Mortgage, the Loan Agreement, the Pledge Agreement or any other
document referred to in Section 2-4 to the contrary, under the
provisions of the Act the Note may not be Yaable from or be aP
charge upon any funds of the City other than the revenues and
proceeds pledged to the payment thereof, nor shall the City eYsubjecttoanyliabilitythereon, nor shall the Note otherwise
contribute or give rise to a pecuniary liability of the CityryyY
or, to the extent permitted by law, any of the City's officers,
employees and agents. No holder of the Note shall ever have
the right to compel any exercise of the taxing power of the
City to pay the Note or the interest thereon, or to enforce
payment thereof against any property of the City other than the
revenues pledged under the Pledge Agreement; and the Note shall
not. constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City; and the Note shall
not constitute a debt ,.of the City within the meaning f any' Y
constitutional or statutory limitation; but nothing in the Act
impairs the rights of the Lender to enforce the covenants made
for the security thereof as provided in this Resolution the
Loan Agreement, the Pledge Agreement, the Mortgage, the
Assignments of Life Insurance Policies, the Construction Loan
Agreement, the Guaranty and in the Act, and by authority of the
Act the City has made the covenants and agreements herein for
the benefit of the Lender provided that in any event, the
agreement of the City to. perform or enforce the covenants and
other provisions contained in the Note, the Loan Agreement, the
Pledge Agreement, the Assignments of Life Insurance Policies,
and the Construction Loan Agreement shall be subject at all
times to the availability of revenues under the Loan Agreement,ement,
the Mortgage, the Construction Loan Agreement, the Guaranty,and the Assignments of Life Insurance Policies sufficient to
pay all costs of such performance or the enforcement thereof,
and the City shall not be subject to any personal or pecuniaryliabilitythereon.
18
ARTICLE FOUR
MISCELLANEOUS
4 -1. Severability 0
If any provision of this Resolution shall be held ordeemedtobeorshall, in fact, be inoperative or unenforceable
as applied in any particular case in an 'urisdictionY7 orjurisdictionsorinalljurisdictionsorinallcasesbecauseitconflictswithanprovisionsofn 'YP any constitution or statute
or rule or public policy, or for any other reason, suchcircumstancesshallnothavetheeffectof 'rendering the
Provision in question inoperative or unenforceable in any other
case or circumstance,. or of rendering any other P rovision orprovisionshereincontainedinvalid, inoperative, or
unenforceable to any extent whatever. The invalidity f an
one or more hra s es sent
Y y
sentences, clauses or paragraphs in thisResolutioncontainedshallnotaffecttherem 'remaining portions ofthisResolutionoranypartthereof,
4 -2. Authentication of Transcri l2t
The of ficers of the City are directed to furnish toBondCounselcertifiedcopiesofthisResolutionandall
documents referred to herein, and affidavits or certificates astoallothermatterswhicharereasonablynecessarytoevidencethevalidityoftheNote. All such certified copies,certificates and affidavits, including n egyheretofore'
furnished, shall constitute recitals of the City as to the
correctness of all statements contained therein.
4 -3 Registration of Resolution
The City Clerk is authorized and directed to cause a
Copy of this Resolution to be filed with the
and to obtain f • Count Auditor ofRamseyCounty, from said Count AudHorY a
certificateicate that the Note as a bond of the City has been dulyentereduponhisbondregister.
4 -4. Authorization to Execute
The forms of the proposed Loan Agreement, the Pledge
Loan Agreement, the Guaranty andAgreement, the Construction Lo
the Mortgage are hereby approved in substantially he formheretoforeresentedo
Y
P t the City Council together with suchadditionaldetailsthereinasmaybenecessarydappropriatez'Y
19
r
and such modifications thereof del 'etions therefrom andadditionstheretoasmaybenecesaandaror
roved b Bond ' pP P lalipapproved and
P y Couns prior to the execution of thedocuments , and the Mayor and City Clerk of the CitauthorizedtoexecutetheLoan
are
Agreement, the Pledge AgreementandtheConstructionLoan. Agreement in the name of and onbehalfoftheCityandsuchotherdocumentsasBondCounselconsiderappropriateinconnectionwiththeissuanceoftheNoteIntheeventoftheabsenceordisabilityftheortheCityClerksuchofficersy, Mayo roftheCityas, in the opinionoftheCityAttorneymayactintheirbehalf ' thoutsteal1w3.further act or authorization of the City ouncil do 'and execute all instruments
all thingsrumentsanddocumentsrequiredtobedoneorexecutedbysuchabsentordisabledofficers. The executionofany .instrument by the appropriate oofficer or officers of theCityhereinauthorizedshallbeconclusiveevidenceienceoftheapprovalofsuchdocumentsinaccordancewiththetermshereof,
Adopted: 1982
Mayor of the City of Maplewood
Attest:
City Clerk
20
MEMORARDUM
TO: City Manager
the City Council
FROM: Director of Public Works
Aid
SUBJECT: Traffic Signal and Opti com Funding -
to fund the above installations.
DATE. April 30, 19.82
The Minnesota Department of Transportation is proposing to install several
signal systems this summer in Maplewood.The City is expected to fund a
portion of the cost when a City street is involved. When emergency vehicle
preemption equipment is installed, it will be totally funded by the City.
The following is a 'list of the locations and estimated costs:
Signal Opti com"
TH94 South Ramp, Burns Avenue at McKnight Road -12,000
TH94 North Ramp at McKnight Road 12,000
TH61 at Beam Avenue 4,500 12,000
TH36 at English Street 4,500 12
9,000 48,000
TOTAL... $57,000
It is recommended that the City Council authorize a transfer of up to
X57,000 from the State Aid Street Fund to fund the above installations.
7HILI,
v
e:
MEMORANDUM
Fdoo /
TO: City Manager
FROM: Associate Planner--Johnson
SUBJECT: Vari Area Width and FrontageontageLOCATION:Barclay Street, North of Ryan Avenue Action T ,s =-APPLICANT: O'Leary b `Terry
OWNERS: Terry O'Leary and Mark Rei l 1 i n g afaDATE: April 13, 1982
c d:t
SUMMARY OF THE PROPOSAL
Approval of 1 of area, l frontag and 1 '9 of width variances, to construct
a sin l a dwelling on an existing forty -foot wide interior l with5squarefeetofarea. '
CONCLUSICN
Analysis
Construction of a home on this parcel would be out -of- character with 'h exstngneighborhoodAevelopment. The smal 1 est built -u parcel i n the immediateponpediatevicinity, is at least 80 feet wide, twice the width of.the subject l (Map two).
The corner lot, abutting to the south i s sub •9 standard n width. The existingdwelling1sveryclosetothenorth .property line (Map three . y ). .Adequateseparationbetweentheexistingandproposeddwellingsmaybedifficulttomaintain, due to the
y
narrowness of the subject parcel.
Neighborhood density, at present, is 14.7 persons /net acre, slightly exceedingthe14persons /net acre maximum. The addition of another dwelling wouldincreasethedensityto15.6 persons /net acre.
Approval would be inconsistent with Council's 1973 denial of a similar
request by Marcel 1 o Trach . ( See past actions and enclosed legal opinion.)
Any hardship sustained by the applicant would be self-imposed, further
negating grounds for a variance. Apparently, the applicant contracted to
purchase this property before thoroughly checking out the potential for zoning
or building restrictions. The Ramsey Land Commissioner's office, routinely
advises perspective buyers to do so. Persons who purchase tax - forfeit property
for development, must do so at their own risk.
Recommendation
Denial of lot area, l frontage,, and lot width variances construction of9ancesforconstructisingledwellingonLot9, Block 27, Gladstone Plat 2 on the basiss that.
1. Development of this Lot would be inconsistent -with the intent of the zoningcode, resulting in a dwelling out -of- character with exis neighborhood9developmen
2. Approval would be inconsistent withth the previous denial of a s i mi 1 ar re quest,
c
3 . Neighborhood dens woulduld further _exceed the al l owab le max imum.
4. Strict enforcement would not cause an undue hardshi 'individual lot in question, p un que to the
5. The best use of the
bin
e property, i n the public interest wouldateonwtheparceltothe ul d be com-south to create a proper sized cainadequateseparationbetweendwellings
orner 1ofandtosust
6. The present owners urch •p ased thi property in 1982. The requirementswhichavarianceisrenestedequ cements from
hardship
q s have been in effect since the 1yincurredwouldbeself-imposed.fi0 s •An
mposed
7. The property is ma •ma by a n add a cent property ownereyesore. Y rand is not an
fi
i
E
ti
s - t
y
i
r
BACKGROUND
Planning
Lot Size: 40 x 135 feet, with 5,400 squareqre feet of area
Existing Land. Use: Undeveloped
Ownership: The parcel i in separate ownership 'P p from adjacent parcels
Surrounding Land Uses
North: Single dwell on an 80 x 1 35 foot lot
East: Barclay Street. Across Barcl Street,et,
dingle dwellings, on 100 x 135 foot lots
South: Single dwelling, on an 80 x 135 foot substandard corner lot
West: Single dwellings, on 80 x 135 foot lots
Past Actions
8-16-73: Council deni ed , 1 of area and width variances for a fort - 'lot owned b Ma forty -foot wide.
y M loo Tracy, .located on Gurney Street, north of Lar enteurAvenue, on the basis that: P
1* "the variances are so extreme as to not 'o to practicallycally allow theconstructionofahomeonthsiteinaccordancewithVillageCode dinconformancewiththehousingintheneighborhood
9 an
2. the property was acquired after the 75 -foot frontage requi forbuildingwasestablishedandalsobecauseofthedrainagritrelates problemem astothealley."ey.
DEPARTMENT CONSIDERATIONS
P1 ann i ng
1. Land Use Plan designation: RL, Residential Lower Den
2. Zoning: R-1, Residence District (single dwelli n g)
3. Permitted Density: 14 persons /net acre
4. Existing Density (Map two -- blocks 27 and 30 G1 adstone P 1 at 2 ). 14.7
persons /net acre
5. Proposed Density (Bloc 27 and 30 Glad •Gladstone Plat 2 }. 15..6 persons /net acre
6. Compliance with Land Use Laws
3 -
a. Statutory:
Section 462.357 Subdivision 6 (2) states that the Board of Appeals
and Adjustments is empowered to hear requests for variances from
the literal provisions of the ordinance in instances where:
1) Strict enforcement would cause undue hardship because of
circumstances unique to the individual property.
2) Where it is demonstrated that such actions will be in keeping
with the spirit and intent of the ordinance.
b. Ordinance:
1) Sections 904.030 and 1008 (f) (1) state that asingle- dwelling
lot must be no less than 10,000 square feet in area
Variance 1
This parcel contains 5,400 square feet requiring a lot area
variance of 4,600 square feet.
2). Sections 904.030 and 1008 (f) (1) state that asingle- dwelling
lot must be no less than 75 feet wide at the building setback
line.
I#- - -= - -- - - n
This parcel is 40 feet wide, requiring a 1 of width variance
of 35 feet,
3) Section 1008 (f) (1) states that a rectangular single - dwelling
lot must have at least 60 feet of frontage.
This parcel is 40 feet wide, requiring a lot frontage variance
of 20 feet,
Public Works
Sewer and water are avai 1 abl e.
Financial
At the time of forfeiture, there was an unpaid watermai n assessment in the
amount of $55.78. This has not been paid. If Council approves the variances,
a condition of approval should be the payment of unpaid past and levied
assessments plus interest.
Ramsey County Land Commissioner
This property went tax forfeit on August 15, 1967. Maplewood authorized
its sale in November, 1967. The applicant purchased it on February 12, 1982
4 -
fo $6,000 ($720 paid to date the remainderer due over a ten year period ).Mr. Eaves of th Land Commi office, indicates that their of i cistosuggestggestthatperspveb •
p •
p p uyers check with the individual cities for
any zoning or building limitations, before purchase.
mb
Enclosures:
1. Location Map
2 . Property Line Map ,
3. Applicant's Letter of Justification
4. Letter from John Banni gan
5 -
t
q9 C
Rojo M
J
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W '
4 t7 W if!
v W z EDGEHIU
J
OEMONT AVE. s
C ROOK 4YE. O
61 W
1 . • SE XT .
GERVAis AVE.VA 1
G ANDV1Ew AV
VIK! OR.
ke //t r
r:
A
y T! SHERREN AVE
1
OP E - AVE.
LARK AVE. ~ L LARK `VE, ~i f: LARK AVE.
L A R oUIER0 R0.
er LLA:U RI E MID = 0
25 d < Jv-
x
J 65
JUNCTION AVE. .. W r
n Q z 64
ac . AVE. n r -U RKE 8U KE A
T N ELORIOG . AVE
3
AN BELMON T avE. W W PU
64 > OLD
SKILL fit m AVE. NARNRf
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p RYAN -.jr _ r K AOS W000 AVE.
e
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500 r
27 w F W AVE.
g 3 p
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L < F-
3
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4
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low 30
AVE ~ : ' '' ; - — -
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ST. PAUL
LOCATION MAP 4
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MAP 13 LOCATION OF EXISTING DEVELOPMENT
Il
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4
Ile,
1
LAIS, BANNIGAN & CIRESI, P. A•
ATTORNEYS AT LAW
409 FIRST FEDERAL BUILDING
OTM AND C[CAR
SAINT PAUL. LASILIN ESOTA 55101
DONALD L. LAIS
JOHN F. HANNIGAN. JR. .
JEROME D. CIRESI
March 19, 1974
Mayor and City Council
City of Maplewood
1380 Frost Avenue a
Maplewood, Minnesota 55109
7
k6 6 V! T0 AREA. CODE 612
211a-o j 24.3791
Councilwo
Fin. D_.: Li. V0.
C 0 E
MEN
w a .. v •
Pub
A , vy
firs ~
0
DML
ATTENTION Michael G. Miller
RE: Marcella Tracy vs. Village of Maplewood
Honorable Mayor and Counci lmembers :
On August 16, 1973, Marcella Tracy appeared before the VillageCouncilsittingasitsBoardofAdjustmentsandAppppalsto
consider her Petition for a variance from the minimum lot
area and lot width requirements o f the Village code. Mrs.s.
Tracy owned a 40 foot wide lot which was latted as such 'p ch priortotheeffectivedateoftheCityzoningcode,
The City Council, sitting as the Board of Adjustmentsustments and Appealsdeniedtheapplicationforminimumwidthandarearequirement
Mrs. Tracy initiated legal action seeking a declaratory judgmentt-YinRamseyCountyDistrictCourt. At the trial of _ t-
0 ftftw_= the mater,the Ramsey County District Court intimated that if b matt er could
not be dis osed of, he would most likely findind that Mrs, Tracy'husband had purchased an . unbuildable lot but inasmuch as it
was an unbuildable lot, that two assessments for sewer and
water were therefore improperly assessed. Rather than go to
trial, the judge asked that we attempt to negotiatePg .ate a settlement
ereby the court would find that the Council action wa s not
unreasonable, arbitrary or capricious but thatat the lot was, • .nfact, unbuildable and therefore not benefit ed by the two a.Lore-mentioned - assessments* Rather than o throughgough lerthyproceedingstoarriveatthisend, the under s i neck indicatedcatdge
that he would recommend such a disposition to the C it Cy ounci3..
Mayor and City Counci
of, Maplewood -
March 19, 1974
Page 2 -
Z
Consider this letter as m r ecom~nendat •Y ion .that .the CityCouncilfindthatLot28, Block 12, St. Aubin Dion. RiceStreetAdditiontotheCityofSt. Paul Niinnes to a, was
improperly assessed and that the principal plus interest be
remitted. -
As an additional aside, an abutti rig owner, James Commander,will purchase the lot and incorporate it in his homestead.
Res f " Z .u7m i
ohn F. Bannigan, Jr.
1 ,
JFB : j mw
C. Variance: Barclay Steet (
Secretary Olson said the applicantuntilPp • t has requested this item be tabledtitMay3PlanningCommissionmeetingas -g he cannot attend this meeting,9
Commissioner Pe11 i sh moved the P1 •
until May 3, 1982
anni n Comma ss on table this item
r
Commissioner Fischer seconded Ayesyes - Commissioners Barrett, Fischer,Pet 1 i sh, Prew, S1 etten, Whitcomb
TO:City Mana erg
for the
FROM:
SUBJECT:
Tom Ekstrand, Associate Planner
placement of the
window Variance
wil not compromise the privac ofy
LOCATION:
APPLICANT:
Ferndale Street and Maryl and AvenueCharter
Action by
OWNER:Development, Inc.
Maple Greens Company`J` ~
PROJECT .
DATE •
beaver Creek HCarriageHome
A 1Pry 13 1982
SUM14ARY OF THE PROPOSAL
R
Approval of a variance to 1 ac •to p lace windows n the side elevations of thriageHomeunits. (Refer to the en
e BeaverCreekCarriageletterdated3- 25 -82.
Proposed Land Use
The development would connsist of eleven eight -unit condominium 'units total). buildings {88
CONCLUSION
Issues
Staff does not have any problem withth the proposed variance. Since theinha71ways , there would be no loss f ese w ndowswouldbe
proposed windows would
o privacy for any occupant. Thebenefitthebuildings1dngss • nce the w 'lighting to the hal l wa s . Fur y would provide naturalythermore, strict enforcement of thpermittingthewindowswouldresult Code by nottinalessattractivedevelopment.
Recommendation
Approva of the variance for the Beaver Creek Carriage Homes on the b 'asis that:
1. The placement of the windows wil not compromise the privac ofy t he occupants_
2. The windows will add to thee aesthetics of the development.
BACKGROUND
Si Description
I. Site Area: 5.25 acres
Existing Land Use: Undeveloped -
Surrounding Land Uses
Northerly: Undeveloped property Tanned f •P P y P or Rm, Medium Density Residential andzonedF. Farm Residential
Southerly: Maryland Avenue and sing •dwelling development
Westerly: Undeveloped property planned for Rm and zoned F
Easterly: Ferndale Street. .East of -Ferndal e Street is property being developedwithquadhomes
1- 26 -82: The Community Design Review Board approvedsubjectPpved plans for this development,t to conditions. One of the conditions.is that "the setback b 'between build-d-i ngs shall be increased to 36 feet where applicable unless the windows are eliminatedfromthoseendbuildingelevations. If the applicantican •PP t obtains a setback variancefromCouncil, the end building elevations shall be approved with windows."PP ws" .
PLANNING CONSIDERATIONS
1. Land Use Plan Designation: Rm, Medium Density Resi den iPlanYt al (Current PlanandP1nUpdate)
2. Zoning: F, Farm Residential
3. Section 906.311(6) of the City Code requiresres that hqthere be 36 feet betweenbuildingHowever, i f facing elevationsons are windowless, then the setbackack maybereducedbyInthisinstancetheapplicanthasproposeda24 -footsetbackbetweenmostbuildings, which would requirere a varia 'q ance because facingelevationshavewindows. . These windows, however, are hall windows and notforanydwellingunits,
If the variance is denied, the applicant would simplywindows,ply remove these side
A. State law requires that the fol 1 owi n fi ndi n s' be mbe -rant
g 9 ade before a variance cangranted:
a. Strict enforcement would cause undue ar •h dshi p because -Of circumstancesuniquetotheindividualndery ..
b. The variance would be in keeping with the spiritrit •9 p and intent of the ord
Enclosures:
1. Location Map
2. Property Line Map
3. Applicant's letter dated 3 -25 -82
4. Plans date - stamped 3 -26 -82
2
ARPENTE R AV
30 Z
IDAHO AVE. W Z
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o R
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r 'c7N i 9 ••,' E. MARYLAND • -' - - - - - s - - Av
a AF
31 x ST
6
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F-
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6$ 69 o
CASE HARVESTER
AVE. F - W AVE
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N
D CHARTER DEVELOPMENT, INCi.
1709 N. McKNIGHT RD, MAPLEWOOD, MN. 55109
612) 770 -2131
March 25,1982
TO WHOM IT MAY CONCERN
REQUEST:
A variance for placement of a small window in the entryhallsoftheBeaverCreekCarriageHomesunits. A varianceisrequiredbecausethebuildingsarelessesstha36feetapart.
1. The property is part of the Map Greens 'Development and i
P ens Planned UnitDevel .s approved for 110 units. The plan assubmittedandapprovedcontainsonlyimentofthesubject '
units* • Strict enforce-t ordinance would not reduce the planneddensityormodifyplacementofthebi 'u ldings , but would result .in a less esthetic project.
2. The apparent purpose of the subjectect ordi '
of the o
ordinance is to protecttheprivacyoccupants. The variance is sought for lace -
mernent of a small szn le P
g pane window in the entry halls of theitsforlightingtingandestheticpurposes . The la
compromise
P cement of thewindowsdoesnotcompetheprivacyoftheoccupantsandsgn.ifiacntly adds to the esthetics of the buildings,from inside the units a -
both
s well as the outside appearance of thebuildings.
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PATIO (OR BALCONY)
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TYPICA4, CARRIAGE HOME PLAN 1018 S.F.
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TYPICA4, CARRIAGE HOME PLAN 1018 S.F.
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FERNDALE STREET nau 2 r 1982
1
B. Variance: Beaver Creek Carriage Homes _
Secretary Olson said the. applicantcant i s requestingtin approval9gpp1 o f a
o place windows in the side elevations of the Beaver Creek Carriage HomeUnits. Staff is recommending approval as outli in their r1 eport.
The applicant was resent and indicatedca
staff report.
P ted he had nothing to add to the
Commissioner Barrett moved the Planning Comm recommend to theBoardofAdjustmentsandAppealsarovalofthevariancefortheBeaverarriaaHomesonthebasisthat:
1. The placement of the windows w' •will not compromise the privacy of the
occupants.
2. The windows will add to the aesthetics of the development.
Commissioner Sl etten seconded Ayes - Commi Barrett Fischer,Howard P el 1 i sh, Prew, S1 etten, Whitcomb ice -Z-
After a comprehensive municipal -pal plan or section .thereof has bendedbytheplanning-agency and
beenrecommended
body, interest i n real
a copy filed with the overn-i ng
cipal qty shall be acquired
Y publ ipublicly owned 1 r
g
muni p operty within the
or disposed of, nor shall an y capitalimprovementbeauthorizedbyhemunicipalityityorspecialdagencythereoforanyotherofiticaltact or
within the until having jirisdic-lionmunicipalityuntilafterthetanninatheproposedacquidisposal,
p 9 agency has rev* ewed
writing to the
or capital improvementreported. n wry t governing P t and
9 ng body or other special district oragencyorPoliticalsubdivisionconcerned,p the its findings are to com-lance of proposed acquisition, disposal or improvement •comprehensive ve muni ci pal plan." p ovement with the
Project Description
The enclosed feasi
east of
bi 1 i t stud 'y Y considers the construction of a frontageHighway61 , from Gervais Avenue ontage road,
sanitary sewer and
to County Road C. Storm sewerwatermainwouldalsobeinstalledr •efer to the maps intherearofthestudy
The improvements would be financed ed jointly by the Minnesota De arTransportatio (Mn /DOT) and the City p tment ofofMaplewood. Upon completion, etiyandutilitieswoubemaintainedp on theroadway
a pl ewooa
Reasons for the Project
To eliminate the existing frontaaccessest
road access and two .private drivewayothenorth -bound lanes of Highway y
County Road C. Mn /DOT g y 61 from Gerva i s Avenue toOThasgiventhisprojectahi •high priority.
Land Use P l a n
The -4a l i gnment of this r -
project i s consistent with th the frontage r -prd!Dsed for this area i n the La g road corm dorLanUsePlan (Map One).
Bi_tycl a Route and Trai 1 -Plan
An on - street bicycle `Y route i s planned along this corri dorrisproposedtobe3 t see Mdp Two) . The
one bike
6 feet wide w ch can accommodate •Y e lanes and two twelve -foot w'
a two six - foot wide
to permit on- de traffic, lanes. . There are noetparking, plans
MEMORANDUM elm
TO:City Manag
Acti on by Cou_b
FROM:
SUBJECT:
Associate Planner.-JohnsonJohnson E ,.nQr c,.
DATE:Highway 61
April 14,
Frontage Road
1982
godif-•
ra c kgro and
State law requires that the
improvement projects within
Planning Commission
the City• Section
review a 11 public capital
states that:462.356 of the SState law
After a comprehensive municipal -pal plan or section .thereof has bendedbytheplanning-agency and
beenrecommended
body, interest i n real
a copy filed with the overn-i ng
cipal qty shall be acquired
Y publ ipublicly owned 1 r
g
muni p operty within the
or disposed of, nor shall any capitalimprovementbeauthorizedbyhemunicipalityityorspecialdagencythereoforanyotherofiticaltactor
within the until having jirisdic-lionmunicipalityuntilafterthetanninatheproposedacquidisposal,
p 9 agency has rev* ewed
writing to the
or capital improvementreported. n wry t governing P t and
9 ng body or other special district oragencyorPoliticalsubdivisionconcerned,p the its findings are to com-lance of proposed acquisition, disposal or improvement •comprehensiveve muni ci pal plan." p ovement with the
Project Description
The enclosed feasi
east of
bi 1 i t stud 'y Y considers the construction of a frontageHighway61 , from Gervais Avenue ontage road,
sanitary sewer and
to County Road C. Storm sewerwatermainwouldalsobeinstalledr •efer to the maps intherearofthestudy
The improvements would be financeded jointly by the Minnesota De arTransportatio (Mn /DOT) and the City p tment ofofMaplewood. Upon completion, etiyandutilitieswoubemaintainedp on theroadway
a pl ewooa
Reasons for the Project
To eliminate the existing frontaaccessest
road access and two .private drivewayothenorth -bound lanes of Highway y
County Road C. Mn /DOT g y 61 from Gerva i s Avenue toOThasgiventhisprojectahi •high priority.
Land Use P l a n
The -4a l i gnment of this r -
project i s consistent withth the frontage r -prd!Dsed for this area i n the La g road corm dorLanUsePlan (Map One).
Bi_tycl a Route and Trai 1 -Plan
An on - street bicycle `Y route i s planned along this corri dorrisproposedtobe3 t see Mdp Two) . The
one bike
6 feet wide wch can accommodate •Y e lanes and two twelve -foot w'
a two six - foot wide
to permit on- de traffic, lanes. . There are noetparking, plans
rt
Disposal of Excess Right -of -way
Conner Avenue and Duluth Street, north of the proposed frontage road . Ma9t PThree), are proposed for vacation once the project is awarded. The lPJ and
area from these right-of-ways has been included with adjacent ro erti es forRPassessmentpurposes.
The right -of -way under the jurisdiction (Map - of Mn /DOT Three), i s expectedtobevacatedoncethefrontageroadiscompleted.
Status
A public hearing will be held on May 6, 1982, to consider the feasibility sudy.If accepted, construction i estimated to begin late' August or earlSeptember, 1982.9
Recommendat
That the Planning Commission make the following findings:
1. That the construction of the proposed frontage road, east of Highway 619y 'from Gervais Avenue to County Road C. is consistent with the Land Use
Plan.
2. At such time that this project is awarded, Council should initiate the
vacation of Connor Avenue and Duluth Street, lying north of the ro osed
frontage road.P
mb
Enclosures:
1. Feasibility Study
2. Hazelwood Land Use Plan
3. Bicycle Routes and Trails P l a n
4. Excess Right -of -Way Map
s
I
RH
L o
interchan Principal a
a nais Hei f
Ma
TB
B W
C
I ininor arterial
S
too#
Map One
11
IIV ER
R LF
Ili tll j "j :Si
mayor
IN
lo,
Crcoi tor.
B W M
@interchan munuminterc n ma rteria
collectojo6 .
Or;rte;ri'a
in IF, 0000
O
Hazelwood
NEIr,FBOIR?;QGO LAND USE PLP.!"I NI
r.
i
At
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s fit'
I
or
lei
L,iT!! Jtiplla
s
LO
x
now
A T
Swom
Lr' .1
1
Existing Bicycle Route (on street)
Existing Bicycle Route (off street)
Potential Bicycle Routes (on street)
Potential Bicycle Routes (off street
County Proposed Bicycle Routes
2 Proposed Regional Trail
3 City Proposed Off -Road Bicycle Routes
roolrM $ PA }
TT • ,t s
J7_j •
1 ` `
s •oo! •
to
0
0 %map
0
s
r • t
44
1
an +
rrrn,yr J
ZJ
awl s .,
ft
Map Two
bCY "cle' :routes /trails
WONA09 K» r µ. i j
7 • •• • ,—~ z
ri
r
ZP—x 4P-iLAZ db
1....._ .
f =.ms ' i ; •
1 •! ! • am too •t. kwalk
s ! • fit} s •...'
t ra
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isiS •
of
to
t .'N DOT R i h y - • ::: , ti • ,• •: • -:.; ,r.a•r.S•.:;;. r: : f_V, .....:•.. :.,.. f L -
g O f •. ,• . .: f:i ::'•r ::•• •: , :•f•y• : ,•,S•f 'Yiii•• ., -
r • rr.:} ••• • 1•; % '• :'•: r :'•••e • • % • w - p L• w O Rt
L• • ,. Ir r. ...• •:.:4• t O f Wa
OUTL
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it
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JLiI.RIA'M: iS _ f "i . ,
c. C C , /
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h•
15
AP_ r
Map-Three •PROPERTY LINE MAP
xE cess right-of-way N
4T
E. Highway 61 Frontage Road -
Secretary Olson said the Planningn Commission 'g ssion is required to make afindingonthecompatibilityofcapitalimprovementswiththPlan.e Comprehensi
Public Works Haider reviewed the trafficf c pattern for th proposedfrontageroad, in conjunction wi the existing roadways,oa ways.
Commissioner Fischer mo ed the Pl a •
f ndi ngs:
nni n Commissionon make the following
1. That the construction of the proposed r 'p p frontage road, east of Highway 61,from Gervai s Avenue to County Road C. is consistent with the Land UsePlan.
2. At such time that this project is awarded Councilcal should initiatethevacationofConnorAvenueandDuluthStreet1yi . n g north of th e
proposed frontage road.
Commissioner Whitcomb seconded Ayes - Commissioners Barrett, 'y rrett, Fischer,Howard, Pel l i sh Prew, S1 etten, Whitcomb
4
4- -19 -82
7
s
t
i
r
t
t
MEMORANDUM
TO: City Manager
FROM: Director of Public Works
DATE: April 28, 1982
SUBJECT: T.H. 61 Frontage Road
Public Hearing
Project No. 80 -10
The public hearing for the above referenced ro 'ect hp as been
scheduled for the May 6, 1982 Council meeting. We are herewith
returning the feasibility study to the City Council for 'Y their
reference. Also attached is a draft resol if the p 1 ans and
specifications are ordered.
jw
enclosures
1
Z
F_ 3
9
7 + j
RESOLUTION ORDERING IMPROVEMENT
AFTER PUBLIC HEARING
WHEREAS, after due notice of b •pu lac hearing on theconstructofstreet, storm sewer, sanitar sewer w 'atermaandappurtenanceson-T.H. 61 Frontage Road (Maplewood Dri Drive)from Ge rva i s Avenue to County Road "'C", a heari ng on said improve.ment in accordance with the notice duly1982, and the y g ven was hel on Ma y 6,Council has heard all persons desiring o beg heardonthematterandhasfullyconsideredthesame
NOW, THEREFORE, BE IT RESOLVED BY THEHE CITY COUNCIL OFMINNESOTA, as follows :
1. That it is advisable, expedient, and necessa1ewoodary .that the CiofMaplewoodconstructstreet, storm sewer, sanitary sewernandappurtenancesy 'watermai p on T.H. 61 Frontage Road (Maple-wood Drive) from Gervais avenue to Count Road " •County C as describedinthenoticeofhearingthereon, and orders the same to bemade.
2. The City Engineer is designated engineer f '9 or this improvementandisherebydirectedtopreparefinal1ansands 'p pecflca-tions for the making of said improvement.
s
y
T
1
TO:
FROM:
SUBJECT:
LOCATION:
APPL I CANT /OWNER :
PROJECT:
DATE:
City Manager
Associ Planner, Tom Ekstrand
Plan Amendment, Special Use Permit and V ar16nces
Larpenteur Avenue and Jackson Street
REN Devel I _
Greenwood North
April 28, 1982 -
SUMMARY OF THE PROPOSAL
MEMORANDUM
Request
1 . Approval of a Comprehensive P l a n amendment from RL Low D '
to RH High D Densitty Res dents a 1
g Density Residential.
2. Approval of a special use permit to construct a thirty
om
y x bed housingcforphysicallyandmentallyhandicappedpersons.
3. Approval of the following variances:
a. A variance to provide one -half of the required number of arki n s
36 r
P 9 paces18areproposed, a e required).
b. A variance for exemption from the garage requirement,
C. A floor area variance to provide rooms with less floor area than Code
requires (Code requires 880 square feet for a two - bedroom apartment.The applicanticant i s proposingn
p
p p p g 184 square foot units.)*
Proposed Land Use
Refer to the enclosed narrative and site plan.
CONCLUSION
There is one major problem with the proposed facility, The site plan •p will notaccommodatethethreeacre -foot holding pond proposed for the site b theMaplewoodDrainage. Plan. . Refer y
to the Topographic .Map.
Staff will be meeting with the developer •p to discuss alternatives in site design.Staff, therefore, does not have a recommendation at this time but will presentoneatthemeeting.
on bY
BACKGROUND
Site Description
1. Site size: 1.58 acres
2. Existing Land Use: undeveloped
Surrounding Land Uses
Northerly: Single d w e l l i n g s
Southerly: Larpenteur Avenue and singlee dwel l i sn99
Easterly: Jackson Street and single dwellings
Westerly: Unconstructed Beaumont Street and single dwellings
Pact Ar +inn
12 -28 -67 : Council approved the vacation of the north -south alley on the
subject property.
1 -3 -80: . Council approved three variances for the Concordia Arms senior citizen
building. These were
a. The garage requirement was waived.
b. The project would have 103 parking spaces instead of the requirediredq 245. How
iever, f a parking problem would develop within the first year, the arki nP 9lotwouldhavetobeexpanded. The applicant provided a letter of credit forthisparkinglotexpansion.
c. A floor area variance was granted for the one bedroom units which measured624squarefeeteach. This was a variance of 24 square feet or 4% of the
required floor area of 587 square feet.
DEPARTMENTAL CONSIDERATIONS
Planning
1. Land Use Plan Designation: RL (current Plan and Plan Update)P )
2. This land use classification allows for a maximum of 14 ersons per netpP
acre. The proposed RH designation would allow for a maximum of 34 P ersons
per net acre, or 53.72 persons for the 1.58 acre site.
3. To calculate the proposed density, Staff applied the bedroom mix averagesrequiredforelderlyhousing. This average assures two ersons per twoPPbedroomlivingunit. With eighteen two- bedroom units planned, the ro osed
density would bo 36 persons.
P P
4. According to the Plan Update, the RH classification is designatednated for such,
housing types as apartments, two - family homes, townhouses, nursing homes
dormatori es, or elderly housing. -
5. Zoning: R -3 Residence District (Multiple Family)
2
6. Compliance with land use laws:
Municipal Ordinance
a. Section 906.010(5.a ) will allow hospitals clini nursing homes andotherbuildingsusedfortreatmentofhumanaurnissuanceofaspecialusepermitgrantedbtheCiyCCounGil.
b. Section 911.050 rovides that _P at the C ty Council, i n granting a specialpermit, may attach to the permit such g use
t conditions and guarantees as may benecessaryotheprotectionoftheputherights
y
permit g of others and theCity. A11 special use p is which do not have a specific terminationateorprovis'i on for a t ondperiodicreview, shall be reviewed withinyearofthedateofpassageandpublicationcatio
one
five ears thereafter.
P n of the s ordinance and everyy
C. Section 906.030(1) requires that there b •e two parking stalls provided foreachdwellingshallbeenclosedina
unit, one -half of which
carport. Eighteens aces are garage orPproposed.
Statutory
a. Section 462.356 subdivision 6(2) of the Minnesota State Statutes requiresthatthefollowingfindingsbemadebeforeavariancecanbegranted:1. Strict enforcement would cause undue hardship because of circumstancesuniquetotheindividualpropertyunderconsideration.2. The variance would be in keeping with the spirit and intent of theordinance.
Publ Works
Based on the preliminary site plan the following 'l owl ng terns should be brought to thedeveloper's attention. g
1. Sanitary sewer and water are available in Jackson Street, but there may besomeconstructiondifficultiestomakeawaterconnection,on - The water connectionmeritsfurtherinvestigationbythedeveloper's engineer.
2. The .drainage plan s hows a 3 A •Ac. . Ft : pond on this property. The enclosed mashowstheshapeandsizeoftheexistinglowarea
P
3. The size of the proposed building and -9 the amount of fill proposed will notaccommodatethispond. The site plan must be revised,
Publ i c Safety
here is concern over the safetyy of residents because of the high traffic volbothLarpenteurAvenueandJacksonStregvolume
et • Supervision of t residents,when off of the grounds, should be assured at all times,
Parks
A-
f-
The Bicycle Routes/Trails Map in the Plan Update proposes an on- street ;bi c clroutealongJacksonStreet. y e
3
Community Service
r
D
Refer to the enclosed "Philosophy" of the Greenwood Residences,
Citizen Input
Staff conducted a telephone survey of the adjacent ro ert oWhers. Only threeppYy
persons were reached and had the following comments,
The traffic i s too heavy for this ty of facility. i t It w 'Yp y 1 d be potentiallylydangerousfortheresidents.
2. This type of facility is inappropriate to be located next to single-familyYdwellingsandaday -care home.
Procedure
1. Planning Commission public hearing and recommendation.
2. City Council public hearing and action on Plan amendment variances and special
use permit.
3,. Community Design Review Board review.
dw
Enclosures:
1, Location Map
2. Property Line Map
3. Topographic Map
4. Narrative Material
5. Site Plan date- stamped 12 -21 -81
4
8
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DENSITY STUDY AREA (10.33 ACRES)
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TOPOGRAPHIC MAP
I
i
6921 York Avenue South
Edina, Minnesota 55435
612/92:5 -5067
February 2, 1982
Thomas Ekstrand
Associate Planner
City of Maplewood
1902 E County Road B
Maplewood, Minnesota 55109
RE: Supervised Living Facility for Larpenter and Jackson
Dear Tom,
The Materials submitted to you earlier refer to 20 employees at one timehowever, that was a much larger facility (48 -50) and we feel that the19proposedparkingstallsismorethanadequateforafacilityfy36. _
Enclosed is the Board of Appeals and Comprehensive Plan Amendment.Thank you,
Sincerely,
Thomas Miller
Vice President
TM /lag
Enclosure
Comprehensive Plan Amendment '
Page 2
7. A The property has been zoned R ( multifamily) roi and wouldnothaveanyadverseeffectsontheComprehensive1 surrounding area, p an
The proposed use would eneratg e less traffic than any otherresidentialormultifamilyuse.
The characteristics of the area would dictate a •
rehe higher intensityusethantheComprehensivensivePlanindicates.
B Submitted
C Enclosed
D Submitted previously
J
Board of Appeals
Page 2
5. a. City has copies
b. The variance is requested from 36 to 19 because the onlypeoplewhodrivecarsareemployees (none of the residentsdrive) of the facility additional parking would be
unnecessary and unneeded,
Our request meets the spirit of the ordinance •finance since we wouldbeprovidingmorethananadequate.amount of parking for thetypeofuse.
C. Submitted previously
i
B & C HOMES, INC.
PROPOSED NEED, USE, STAFF, AND TRAFFIC EXPECTED AT NEW FACILITYITY
La
The need to build 'a new facility rises fromY the growing-waiting listofprospectiveresidentswhodesiretobelacedinonePofthetwoexistingGreenwoodResidences; namely, Greenwood East and Greenwood
1
West. ShouldthisfacilitybebuiltinMaplewoodewooditwouldbecalledGreenwoodNorth.Presently it is planned to be a 36 -bed home for mentallyphysicallyhandicappedyoung
retarded and
Pp y g adults who meet the criteria. attached. Thebuildingwillbedividedintothreeunitsof12bedseachandsubdividedintogroupsofsixforgreaterstaffeffectivenesswhilemaintainingahomelikeatmosphere. The staff - resident ratio will be close to 1;1consideringthethreeshiftsdaily. The established number of employeesincludingnon- direct care staff will be a F?roximately 48 at GreenwoodNorthwiththegreatestnumberworkingduringthegg6:00 to 9.30 AMshiftandduringthe3:00 to 11:00 PM shift. At these t'
should
Imes the maximumnumberofemployeesldtotalapproximately20.
There will be ample provision for off the street parking with accessonJacksonStreet. Greenwood North will- have 3 vans for transportingitshandicappedtoandfromcommunity .ty services. The residents are obligatedtoattendschoolorworkshopsonadailybasis. Present plans call forabout1/3 of them to leave approximate) 8:30 AM and returnturn around 3.30 P.M,via busses or vans which will load off street on the drive •v through drive-way. The other 2/3 of the residents will be provided an in -hoprograminthelower - level of the building.
use day
Building this facility iri Maplewood should be to the advantage of thecommunity. Besides increasing tax revenues it should leave considerableretailtradeinthearea. Emplo ent opportunities •Ym pp ies will be availableaswellasutilizationofcommunitychurchesvolunteerTonalactivities, etc. There should be '
groups, recreat-
no great need for increasedsecurityorconcernforthesurroundingareasinceresident •around the clock and are. constant) evaluated
s are supervised
y uated during their habilitationprograms. All operation of the facility will be strict) regulatedRules34and $0 of the Minnesota State
re g under
e Department of Welfare.
P
tH_L SCPh'Y
PURTOSE
PIRMR M
ORGA zzATION
NE'd FACILITY
NEM USE, STAFF)
c
BY
B do C HOI•TS , Z•;C.
i
B & C HOMES, INC.
PHILOSOPHY
Greenwood Residences . , administration and staff believe thatt everyindividualhashumanvalueandshouldbeaffordeddinibqSy, randthe. opportunity to pursue happiness. We believe that ever one iy a
capable to growth and has the right to an environment that is as close tn_brmal as possible. Our goal is to help each of our residents reach themaximumofhis /her physical, social, intellectual and vocationaoal function-ing. The environment and structure of Greenwood Residences will
pensive residential programs
P or -vide one alternative within the Minnesota comprehensiveformentallyretardedadults. Greenwood Residences, with its cotnrnun
will be a art of ityaccessibilitypaveryviablesolutionincombinationwithotheralternativesforprovidingmyriadlivingsituationsformentallyretardedadults,
We -proof de res ident is I facilitiescilities for _disabled _ persons that Will be locatedwithinthemainstreamofcoaaaunitylifeandwillbeaccessibletopublictrans-
portation, education, religious, recreational' and other community esources. -A living unit will consist of 1 Z. individualsals who are compatible in termsofageandfunctioninglevel. The living unit, bedrooms and lounges wi11befurnishedtobecomfortable, cheerful, practical and aestheticall pleasing.Residents have the opportunity to decorate their rooms and to help n decoatingallthecommonlivingareas. Each res d
P -r
S i ent wi 11 be afforded privacybyhavingatmostoneroanateandaccesstoallareasofthefacility, and
quiet private areas away from group involvement. We will -encourage an at ogm sphereofbelongingand "ownership" in the unit. Each resident as a memberoftheunit, will be involved in all household responsibilities. We believelievethisatmosphereofownershipfostersincreasedgrowthandindependence,g _
Careful selection of group composition is integral in rovidin meaningfulPSg1relationshipswithpeersandstaff. A unit of residents pr thepriopportunityforclose, meaningful relationships to be developed. P p ResidentsneedenoughindividualdifferenceanduniquenesstoProvidestimulationbutenoughcommunalitiestopromotegoodpeerrelationships. We wantp eachindividualtobepartofthegroup, but the foremost consideration is in '-dividualityoragoodconceptofself. We believe that each individual hasspecialneedsthatcanbestbehelpedbyaswithotherswhocancomplementtheseneeds.
Supervision and training will be provided on an individual need basis. Webelievethatthedevelopmentofskillsandbehaviorsisessentialto
increasing the individual's ability to control his /her environment. Ste -by -step training in such areas as hygiene, grooming,
P
Yg , g g, dietary needs, house -hold maintenance, use of communit resources conmzunicat ions, interpersonalY ,
relations, at each step increases the individual's knowledge and therefore,S , re ,his /her ability to choose alternatives.
r
Each resident has the right to be involved in all decisions coicernin his/her welfare. He /she has the right to be involved in the planning f goalsandprogramsandtheirimplementationande
g g
P valuation. We are advocates for
the client, support all his /her human and civil rights, and will P rovide any
atmosphere which encourages maximum growth and independence. :
1
i B & c HOrms , INC.
a
Greenwood Residences seek to provide a comfortable attractive,
community -based residential setting where multi-handicapped mentally
retarded adults may live with compatible comeeers. Res dpi ents JW' 11
primarily from the nearby area to promote continued meaningful, _ ningful, involvement
wi family and friends.
In addition to a comfortable living setting, 8 g, havi ors 1, developmental
and medical services will be provided to enhance the 'residents ability
to live as independently as possible. Highly qualified8yqfied residential staff
will serve as appropriate role mciels, fostering n attitudege and atmosphere
which promotes each resident's self-respect indep , pencence and growth.
Individualized programs will be developed for each resident to
teach and reinforce independent skills in an of they following areas.
ae personal and oral hygiene k. dressing skillsbomoneymanagement1. fine and gross motor skillsc. ,transportation mo dining skills and etiquette
no laundryd. room and. facility care ry skills and personale. interpersonal relationships clothing maintenancef . marketing and cost comparisons
g tfl
p on o. mobility traininggocommunicationanduseoftelephonep. respect for person andPP propertyh. street safety q. self imagei . recreation =. 'Coping skil
jJ . use of medications
If specialized training in these or other areas is needed by a resident,
it will be provided by facility staff ' or c unit consultants cYLack of
training by Greenwood staff in a particular skill area will not be considered.onsidered.
sufficient reason to omit that area from a pro ram plan.8 p
Comanunity -based medical, dental educations 1, vocational,. recreational,
and religious services will be used whenever os sible tp o promote the most
normal life style available for each resident
t
1
PROGRAM IMPLEM NTATI( V
An interdisciplinary team will develop n 'p individualized program
plan for each resident which will be designed to meet the resident's '
priority needs. _
Y
Program plans are carried out b instructors who have two to four
ykars of college and /or experiencepfence with mentally retard' ed ers ons andd
who participate regularl in workshopsshops and f nservf ce training to increase8se
their proficiency in teaching appropriate8 skills.
Methods of implementation are chosen to best fit the task skill or
behavior being taught and the personality . • i
p ality of the resident • learnin 8 the
skill. Some of the techniquesQ that may be used are;
1. behavior modification - Positive reinforcementnforcement, time out from positivereinforcement, token economies etc. An asy or deprivationprocedurewillbereviewedbyahumanrelatioinitiation. ns committee prior to
2. reflective and /or active listening
30 role playing
4. reality therapy - validation thera reality orientation
50 peen reinf orcement
6. developmental sequencedQ learning .
7. task analysis (content and or process)
8. analysis of individual strengthsg and weaknesses
9. relaxation therapy
10. problem - solving techniques
An individual resident may have program(s) ramPg (s) utilizing more than one
implementation method at any one time and /or methods may change _88 a
resident progresses throughg a hierarchy of needs
Continuous evaluation of individualized -program plans and of the
resident's progress, skills, and needs will be carried out by program staff,Sufficient staff ratios will be maintained to provide 24--hour supervision
of each resident.
t
ADMISSION POLICY -
Greenwood Res idence S will give equal consideration towithoutregardtorace individuals
creed, or national origin. Due to the fact thatresidentroomsareshared, residents of the same sexmatewillbeconsideredaxes
as the proposed room-
pt in the case of married couples who wish tosharearoom.
Ability to benefit from a community based -y sad developmental behavior andmedialorientedprogramwillbetheprimefactorinconsiderationforadmission.
Multihandicapped adults as defined in Rule 34 and Rule 80 of the MinnesotaDepartmentofPublicWelfarewillbeconsideredeligibleifthefollowingcriteriaaremet,8
A. Primary diagnosis of mental retardation,
B. Age 18 or older upon admission. Waivers must be obtained from theDepartmentofPublicWelfareifoutsidethese' limits.C.- Individuals who are mentally and /or h sicallPy y incapable of selfpreservationaregivenfirstpriority.D. Individuals with limitations such as cerebral palsy, sight impairments,epilepsy, brain damage, any other physical limitation such as fineandgrossmotorcoordination, or behavior roblems mildP ( , controllable) areeligible. Persons with hearing or speech impairment are 'p e also eligibleifhearingorspeechimpairmentisinconjunctionwithanother •E. .Individuals must have the
her disability.e potent i a 1 t o benefit from the program ofGreenwoodResidenceInc., and need training n an of the followinggyareas:
1. developmental skills
2. self -help skills
3. community orientation
4. social skills
S. behavior management
and /or require consulting ervicesg in any of the following areas; .1. physical therapy
2o occupa t i ona l ' therapy
3. speech pathology
4. audiology
5. psychological counseling
6. medical
Preference will be given to persons needing occupational8P1therapyand /or physical therapy to maintain or improvemobilityandindependance ) '
F. Avai Lability and participation in an on-going suitable d
lance of a contract
g g ay program.G. Mutual acceptance o tract between client and the agency as toprogramsandgoals,
Applicants with the following scondition will not be considered:
rrent self -
1. Individuals who have a history of and /or have a cu •
injurious behavior resulting in severe tissue damage, or8s a -ysevereantisocialordestructivebehavior.
DOLICy conEinL,.rDMISS1ON
20 Individuals who have a his to r of and/or currentl considered
ph agressive toward clients/staff to the extent that
severe tissue dama ma result.
3. Persons who are so severel hearin im airedp as to need Marival,
communicatio n will not be considered eli40- Persons with a disabilit onset at an a* later than durindevelopmentalperiodwillnotbeconsideredeli
All admissions are considered probationar for the first six monthsy
At
ft
13 r-C /
B & C HIES I INC.
ORGANIZATION
B & C Homes, Inc. was formed in August, 1978 specifically to takeovertheoperationofexistingresidentialfacilitiesforthedevelop -mentally disabled young adults known as Greenwood Residence Inc. Thiscorporationwasorganizedin1976andrentedspinProctPa
o Physically ' Fe Park tohouseandserve3pyllyhandicappedandmentallyetardedindiv -y idua1s. In August, 1977 the residents were moved to their present loca-tions at Greenwood West, 6019 West 39th St. St. Louis awoodEast160a
P and Green9JacksonSt. , St. Paul.
B do C Homes, Inc. is a Minnesota corptwo .local bus Fa on formed and controlled -by business men, Norman Bollinger and Clyde Chisholm togethewiththeirwiveswhichmakeuptheBoardofDirectors. The B oll fin
r
gersliveinAnokawhiletheChisholmsresideinGoldenValley,ey.
PROPOSED EXPANSION PLANS
Soon after the aquisition of the Greenwood properties B & CHomes, Inc. were faced with the need to build a new facility* y The
reasons being a growing waiting list from families that wanted to
admit their handicapped into Greenwood and the inadequate structures
for dealing with heavy care, non - ambulatory individuals.
The services of REM, Inc. were engaged to lan and construct - •P
a modern. Class B facility in Ramsey County to meet our needs. B doCHorseswillleasethisnewpropertytocarryouttheprogramsand
services of the State Deppaent of Public Welfare for as many new
residents as will be approved.
f-i
F. Public Hea -i g Date. REM Development
Secretary. Olson said Staff is recommending a hea ri n da t1982forthisplanamendment. 9 e of May 3,
Commiss Fischer moved the P1 a nn i ng Commi es tab 1 i sPlanAmendmentublishearinfor h a
Ma 3, 1982..
Commissioner Pel l i sh se •conded Ayes - C ommssoners B 'Howard, Pe11 ish, Prew . Sl etten W Barrett, Fischer,Whitcombtcomb
l
F
F
t
f,. _
May 3 , 1982
MEMORANDUM
To : City Manager Barr EvansFrom. p Police
y
Deputy Chief of T. L, Hagen p A
ContractSubject: Award of Tow C
g
Upon reviewing all bids and based •of the tow'
on the following criteri I recommendOngcontracttoRiceStreetTowin : award
9
1. Cumulative bid pri for all •types of tows s 1 west
2. Security is excellent,
3. Manned 24 hours daily for convyven ence of the public inreturningngvehicles . Use full employ
4. Excell equipment for all types of tows,
5. Insurance certificate 'and bid bond cash is in order.
6• Ri Street Towin '9 is located at 33 E. Acker.Streetnearfreeways, response time should be 8-15 minutes.
7. Meets all other specifications.
8. Will provide free tows to City •y police vehicles.
TLH :js
cc Towi ng Fi 1 e
April 26, 1982
P
MEMORANDUM
To Chief Hagen
From: Sgt Dreger
Subject: Tow CompanyY
As per your request, I went to 'and Inspected the 5 towingcompanieswhobidourtocontra •g ct • They were inspectedastothefollowingareasofinteresttothedepartment;security, fencing_, distance fromo P -D , equiptment available.They are listed and rated below.
Rice St. Towing
33 E. Acker
Andi's Towing
846 Earl
Twin City Towing
1280 Jackson
Schoonover Towing
1060 W. co Rd. E
Art's Towing
2384 English
Security Fencing Distance to PDexcellentexcellentl0min,
quip. Avai
4gcajleneRRiP g
poor X88r in 10 min. acceptablerea
excellent excellent 8 min a excellent
exceiient excellent 15 min, very good
very good I very good 15 min, ar i saiiiionailf8n
It is my consideration that Rice St. Towing be given theopportunitytohandleourtowin
Twin Art 's
City Towing Andi'S Rice
Storage - 1st Da
Street .SchoonoverDay $ 5.00 $ 6.00 5.00 $ 5.00 0.00Storage - Additional Days 5,00 6.00
Type I
5.00 5.00 5.00
28.00 28.00 25.00 26.00
Type II 3.00
33.00 35.00 ---25.00 26.OQ
Type III 30.00
75.00 55.00 -`-- --65.00 35.00
Type IV 45.00
25.00 15.00 25.00Add'
Add
1. Add'1. 9 20.00TypeV '1. Add'1.Add.'),35.00 400 00 35.00 35000 35.00CitySquads
15.00 00.00 00.00 00.00 00.00Cumulative
221.00 $185.00 $185.00 141.00 $165.00
MEMORANDUM
0.
FROM CityY
SUBJECT:
Tom Ekstrand, Associate PlannerlannexspecialExceptsonLOCATION:
APPLICANT OWNAPPLICANT/ OWNER:
931 Count Y Road C
WillPROJECT:
DATE:
R. Howard
The Howard AgencyAprililP9, 1982
SUMMARY OF THE PROPOSAL
Acti by Co ({y 31. 1 i, w • 1
1. f .
Re i `,
Itluest
Approval of a Speci Exception to operate the Howardofficeepti •from the Applicant'scant's hom Agency, an insurancee.
Pro osed Land Use
Refer to the Applicant'sicant'P s 1 etter dated 3.18-82,
CONCLUSION
Ana 1 s i s
The proposed home occupation complies with the cri toPlanningupati '
nng Commission Subcommittee re (See
ria as outlined on theport. enclosed..}
Recommendation
Approval of a sp ' •p ial exception for a home occupation
9
cupaton perms t to operate aninsuranceoffice, subject tot he following conditions
I. Compliance with all of the criteria as • thSubcommitteereport.
outl ned n e Pln Commission9 ssion
2 • The speci exceptio ma be renewed after threethatp . •
there has not been an nuis years f CouncilYsancescreatedbythebusiness.
i satisfied
3. The applicant shall install one five -pound fire exdetect
i '
ors with the dwell i n t .ngu sher and smobytheFireM9ThePlanoftheseshat •Ma , i be determined
BACKGROUND
Site Description
1. Lot size:
2. Exi
5 : 67 acres
Land Use: Singl •family dwelling and eara99
Surrounding
r
Land Uses
Northerly: _ y Kohl man LakeSoutherly:Count RoadCounty C. south of County Road C areBeverbrothersNursu
are singl farm 1y homesryEasterly:
Wester
Single farmfamily homes on large lotsSinglefamilyhomesomes
DEPARTMENTAL CONSIDERATIONS
Planni
1. Land Use P1 a n •Des i gnats on : Os. Op en S pace and RL, Low Density ResidentialCurrentntalPlanandPlanUpdate
2. Zoning:R -1, Residence •ence District (Single Dwelling) ) and F Farm Res3. Section 904.010 4 o f •the Zoning Ord •g Hance permits office of professionalpersonstobelocatedwithinthedwellingponaltheCityofthatCouncil, person upon approval by
4o Refer to the enclosed •Planning Committe Subcommitteetee report on homeoccupations. Each of the eight guidelines wouldwou be met b •Y thi proposalPublicSafety
1 . One five-pound a -p all purpose fire extinguisher -g er should be installed.
2. Smoke detectors should
sp
be i nstal i ed accordi n to the '9 e Fire Marshal
Enclosures:
1. Location Map
2. Property Line Mapp3. Applicant'ss letter dated 3-18-82824. Planning Commission Subcommittee Report
VADNAIS HEIGHTS 61
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60 - •'" AVE.
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LOCATION MAP 4
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PROPERTY LINE MAP -.-
e THE HOWARD AGENCY
Pioneer Building Telephone: 224 -9101
ST. PAUL, MI'11NESOTA 55101
1 h4 r ch 1982
Ceoff Olson, Dire-tor
Community DevelOPment
City of %niewood
1902 Bast Co, Road B
MaT)Iewood, Minn, 551
WILLIAM R. iiowARD
GERALDINE B. HURARD
Re: Ann7 ica t ion for Spec Use
Permit for Home occuDa t i on
Dear Ore off ,
For quite a number of years Mrs . Aot -ward and I have opera ted ourgeneralinsuranceapercyoutofanOfficeainthePioneerBldg.in downtown St. Paul Recently. the buildinp was sold aurdzaserManstousethefirstseven
and the
off i as. We therefore t
n f Dogs which includes oui're will have o mo to another locatio
We find th,a t it is rare that any of •our c] rents come to our officeastheQrAatmajorityofourcontactiourcallinsonthem
s with them are in the form ofattheirOfficeorhome , of our tele nh othem, or of ola.r wr i t ink them. A _
nines
downtown office, therefore, is oflittlevaluetous. In view of the above, it seems to btomoveourdesks, fit ins cabinet
a 0d sense
s, and ty:oswriters to an availableroominourhoneandtoo - ae,ra to from that location,
If a client should come to our h othereissilento
to see us about his insurer_ ae,y f off - street varkine by the house a nd in front ofthevarape.
fie have no e m")I Dye e s of any kind andnd do not anticiaate hiring any,y
Other than ma it , there mDu d be on del iveries to the house.
We have no intention of erecting• 'a s lrn on the ire m i s e r nor of dinpanyadvertizins. The oueratio n would not result in any c hanpreintheaoDearanmofthenronert .y
It would be a n - )rea is ted, Geoff, if You w .tion to the Coun 3r' would submit this _aopi ica-nc i and if you will advise me as toannearontheagenda, I woul d be glad to 3e
when wi]_1
present to mower anquestionsthatany . of the members mi ,&h t have y _
Thanks, a lot, and with `h best - )ers onal repards , I remain
T s
Z7aZ : r 'cWREPRESENTINGU ''U.S. F. & G. SINCE 1938
j
PLANNING COMMISSI SUBCOMMITTEE REPORT
The Planning Commission concursurs wi th the need for an appropriate definitionP n ti on of a homeoccupation. It is also felt that while certain Occupations requirereitiq the issuance of aspecialusepermit, other acti v
should be a
es such as those that do not have a •allowedowed without a perrini t: rlY o f the fo 11 owe ng
1. Employment of any person not residing in the dwelling unit
2. Customers visiting the premises
r
3. Manufacture of products on the -premi ses .
The Planning Commission -proposes the fo1 lowing guidelines for a Home Occupation:
Home Occupation requiringrin •q g a permit i s defined as that odwel1ngunitinvolvinthema ccupation conducted in a
to the g manufacture and /or sale of a rod -follow * ng l imi tations: product or serve ce, subject
T .Is conducted on a con - -continuing basis, that is, for moreyear. than 30 days out of the
2. - Not . more than one ersoP n other than members of the family - •
a
Y res d ng on thepremisesshallbeallowedtoengag9einsuchoccupation.
30 The use of the r 'p ems ses for the home occupation shal 1 andsubordinatetoitsuseforr
be clearly incidental
than es i den ti a 1 purposes by i_ts occupantsanareaequivalentto20% of the d unit
nts and no moredwellingunitfloorareashallbthehomeoccupation. a used n
the conduct of
4. There shall be no change in the outside appearance •pp a of the buildingd ng or premises,of the conduct of such home occu
or other visible evidence '
one sign, not exceeding twQ square pats on other than
ai q e in area, non - illflatagainst and mountedgnstthewalloftheprincipalPpalbulldng,
5. _There Shall be no retail sales of products produced •with such home occu ation. P off site n connectionP
6. No traffic shall be ener a ted bywould9 such home occupation idnorma1lybeexpectedin n greater volumes than
ar
a residential neighborhood, and tparkingshallnotexceedmore
e need for off-street
a than three off- street parkingthehomeoccupationonatanygiventimeinadd' P 9 spaces foradditionontotheparkingspacescesre 'pants; i n no event shall such P reqbytheresidentoccupants; number of Off parkispacesexceedatotaloffivesuch • spaces for the premises a
gofthestreetotherthaninandshall be offarequiredfrontyard.
70 No equipment or roc . n such home ono . -
processs shall be used i •se, v brats on, glare, fumes odors, occupationon why ch createsors , or electricalca ] interference desensesoffthelot, - if the occupation detecte
to the normal
T fami ly residence Qr outside , P t on s conducted i n a singlethe- dwelling1ing un t f cSingle - fami .ly res i Bence:_ -- n the- case of electrical irate
onducted -3r Dther than a
ment or •process -shall be used whi rferenc no equp-an radioo
ch creates visual or audi b •or television receivers of 1e. interference n1 * ne voltage f the p remi ses , o r ca euses -off the premises,fluctuationsons n
8. No fire, safet or exist fY health hazard shall ex -dont, customers, or employee,
or the residents of the dwellining
G. Special Exception: 931* E. Count Road C (Howard) y
Secretary Olson said the request -`q es t i s a special excepta on to operate aninsuranceagencyfromtheapplicant's home. Staff is recommendingapprovalasoutlinedintheir9
report .
Commissioner Howard vacated his seat on the Commission for thisagendaitem.
William Howard said he was satisfied with the staff report, he
now has fire extinguishers in the furnace room, laundry room s kitchen,and garage. They are 2 1/2 pound extinguishers He also has smokedetectors
Commissioner Whitcomb moved the Planning Commission recommend to tLityCouncilapprovalofaspecialexceptionforahomeoccuation ' tei
0 operate an insurance office, subject to the following conditions:
1. Compliance with all of the cri teri a as outlined in the PlanningCommissionsubcommitteereport.'
2. The ears . special exception may be renewed after three ' f CouncilyiCncil issatisfiededthattherehasnotbeenanynuisancescreatedbythebusiness.
3. The applicant shall install one five-pound fire extinguisher and
smoke detectors within the dwelling. The placement of these shall bedeterminedbytheFireMarshal,
Commissioner Sl etten seconnded
Pet l i sh, P rew, S1 etten, Whitcomb
Ayes - Commissioners Barrett, Fischer,
I/ -/F- e.12,
t
MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT:
OWNER
PROJECT:
DATE..::
A c i ol)
4a a.'rv4
City Manager
Tom Ekstrand, Associate PlannerSpecialException
3035 White Bear Avenue
Eugene Winstead
Maplewood Sauare Associat
Game Room
April 8, 1982
SUMMARY OF THE PROPOSAL
Approval to open an electronic •
i n Ce v deo -game room n the Maplewood Squareppgnter. There would be 24 machines q eShopping
full time supervision.
CONCLUSION
Issu
Staff's only concern i s •this facility has the potential for 'become ng a hangoutforteenagersandadolescentsifsupervisionbecomeslax. There should hePeriodicreviewsofthisfacility,ob1 ems. therefore, to determine i f there arep. any
Recommendation
Approval of a special exception .Square, p for the proposed game room n the MaplewoodqsitheusedoesnotappearthatitpewoodS
P would be ob to anadjacentbusiness.Approval is subject to: y
1.All required licenses for operationperation shad 1 be obtained from the City.y
2. This .permit may be renewed after onehave year of operation, providedbeennoproblemscreatedbthep there
Y facility.
A •-
BACKGROUND
Site Descri tion
1
1. Site Size: 3.6 acres
2. Total Building Floor Are •a . 1.03 acres
3. Proposed Game Roam Floor Area: : 1 square feet -
4. Existing Lane Use: Ma —plewood Square Shopping Center
Surroundinq Land Uses
Northerly: Dial Finance
Southerly: Sound of musisic
Eaterly: White Bear Avenue and the Plaza 3000
Westerly: Paylessy Shoe Source
Past Action
Council has approved special e •facilities: p exception n this area for these game room
1 . Pizza Time Theaterr (Maplewood East Shopping Center ) , approved 8-20-81 .
2. Th Circus (Maplewood Mall), approved 11-5-81,
3. Al laddin's Castl Maplewood Mal 1) , approved _pP d2_ 1 79.
DEPARTMENTAL CONS I DEF TA IONS
Planni ng
1. Land Use Plan Designation: -d CPlan °
n • DC Div fz eenter (CurreUpdate} Plan and
2. Zoning: BC, Business Commercial
3. Section 9O7.O10 2.c •of the Zoning OrdinanceHance requires that in BC districts,may only be permitted when authorized
places of amusement m
governing body as a special ex
ed by the lawfullypexception,
4. Parking requirements will b •e met since parking spaces for the aicalculatethesameasforgame room usedthepreviousretailuse.
City Clerk
Licenses must be obtained f •or all machines.
mb
Enclosures:
1. Location Map
2, Property Line Map3. Si P1 a n
vv" rlI j t c Q R L Kt
CUNTY RDQD "D" 19 -
C65' = r V
iT3G,tiR22W ) Q ,
34 ` ; WOODLYNN AVE.
4 FURNrSS
CT
T29NR221A 1i LYl AVE.
a c
z
cr
EEAM i > I
W
Y MAPLE tAVE. SEAM '
i .,r N 97B MGPL.E :nc AvE
R a..TZ LAVE
C
j .-x K4HLMQN aVE.
zi Mir `Z,
w` i La' z
E
f >
g L 3 +E DGEHILL RD.
W
HK4vE2 ,_._ o
UJI
I . 1p 7Bi I!! AVE.
ccCYTtNTAVv5 •
fa is
LA_vE
DR.3S
C AVt.
nE- `
LOCA TIoN MAP
it?.
sty • .at•r a: • 41r r.0 b
A 54
y
lt
r . -
ear . •v ear w...a, _ , r. rr -..- sa.
r .
f _
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a w tea. a_ mot. sw +
r ate _. i ' ..
tea• `. .t•
a -t of _ l' fir, Orr _.
We 4" r
f 610 3d :JO'E • t - - _.: _
ALA•
1 ?, • ` , s" B' - . sr • 1749 &8W. sir'
lk
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Q• 30.00 • . " - - ~{ •
Trip. J • G .._._. ' 5 E 9 Z
I Doe 1 T O 1 14..91x2 - 2.t, 79'IYE,T w xt`o•j -A 6 o : -
ZA
y
r _. _ _ - `.. •
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y "
r -- V - i.. 1• S `_mow• r • _r• j
etas' °..
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f ;. - • • • '., .
Alt ., '
L, * ` . ' - .• 1• . i •rte T ,• _' r .. • y S • _ •, .
7
PROPERTY LINE _ MAP
op
1 of t 1 •t t. .
1 fit' - •. !, { _ 1-
14i• ) 1
PROPOSED GAMEi ty •: 1
ROOM LOCATION
C.
ca
Jk
S' .` ' 1 Est - 1
1 •• f t '•.Zf , .!
lie
j 1
1
r wrlli nr r r Ifni •
SITE PLAN
C
A
A. Special Exception: Maplewoodpewood Square
Secretary-Olson said the applicant - is re uestinelectronicvideo, -game room Maplewood
9 9 apPrcra to open an
Staff 1 n the Square Sho isrecommendingapprovalDf PP +}g Center_
their report,
a special. exception as outlined in
Commissioner Slette -nn -m an ommi ss i n reroval - -City Council a ornrn dOf - S e c dl eX Ce t l On f 'n the Ma 1 ewood S ua - oes not a
or the ro osed ame r
it W-wild
e since the use d ear tha _d_be_ecti.onable to an ad'acen t business. Approval - i s sub ject 'to:
All required licenses for ope rat , on shall -be Obtainedned fro th .city.2. This permit may be renewed . a f to r one year o f operationonhavebeennoproblems , provided therecreatedbythefacilitP
Corsni ssioner toward seconded Ayes - Ca •Howard, Pel l ish, Prew uni ssi oners Barret -S1 etten, Whitcomb t F Scher,
Q f -7
Nk
3
April 28, 1982
Mr. Barry Evans
City Manager
City of Maplewood, Minnesota 55109
Dear Mr, Evans,
On December 8 1981, the Department of Public Works
submitted a Feas i bi 1 i ty study on the English
Street Extension, north of Kohlman. The study
recommended no action be taken unti an approved
preliminary plat is provided and that the financing
be the responsibility of the property owners. We
wer under the impression that our project would be
treated in the same manner as the English Street
Extension, south County Road C project.
With this in mind, please put .this subject on th
Agenda of the City Council for Thursday, May 6, 1982.
Thank you.
David E. Tucci
DET:bem
David E. Tucci and Mrs. John Tucci
1293 Kohlman Avenue Endo ..F._.._.
St. Paul , Minnesota 55109
Date
r
MA r LDIOOD BOWL , INCIIC
1955 English St
Nja pl ewo od. , 11n 55109
Fir Barry Evans April 23, 1982
City 1 %pager
City of I pl ewo od
1384 Frost Ave.
Maple - VTood, 14n. 55109
Dear 14r. Evans,
We would like to be put on the agenda, for the May 6th, 1982 City Council
meeting. We want to discuss any questions that the City. of 1J1apl ewood.
has concerning Maplewood. Bowl. 'lease advise us of the approximate time.
Thank you,
Sincerely, '
j ,,.. ( . . : ';_.. -•'- ' 'fir_
i
Gary And
An owner of i -a pl ewo od Bowl
ThQ Qlor Co. Y
Basement Waterproofin 2095 E. Larpenteur Avenue
Au St* Paul, Minnesota 55.109.
777-8720 777-8028
r4 P t V- P r7, V,I
t V of V a e
L
F r o s t v e,
0
JO
Lnn
IIV" 0:0 S
0W
Sewer & Water Installation
Realt Post & Si Installation
r
20 C"t r, c t rITrcrcr-! S. I C 0 Irt) C-N Y3 Y t In r-
t r t (1 u 1. 1tVc1rP, - tr I e, vv o ok':-i iv q S r f'c) rr?
C r r , I FIJrr
VC-1n 9- F! :1 n T; p 0 a r v ve,
rIA, 4" r : t p, yl Cr 'At r, T' C"' r r a
vi (-f f)T rltpro - 1 A
S 4r w f- t c, r J- e r e
1 ? 7 C4 4- C! f:1c4- tC - C r t c u tr r c L
C a r! r --I t C t -r c
4- 1,,1 4 - - 4--, P c co u n t o -r -n-
V - V c'rrLA
CrPSetCvC • 4- es
c runtcns, t -P 1.4, C, I z'- r a' t c S t
A,
7,
000 ,
T
MEMORANDUM.
TO City Managererg
FROM: Director of Public Works
DATE: April 27, 1982
SUBJECT: Brookview Drive Assessment Method,Project No. 78 -20
The assessment hearing for the Brookview. Drive Storm Sewer Improvement is anti-
cipated to be held within the next few months. The f e a s i b i l i t y study indicated
t ree options concerning alternate methods of assessments. At ,the time the
project was ordered, the method of assessment was not chosen. We are, there-
fore, requesting that the City Council make a determination as to the method
by which the project costs will be financed.
All properties benefited by the storm sewer reconstruction project have
been assessed under the 1975 Special Assessment Levy at the rate of $0.0125 /SF
for residential and $0.05 /SF for commercial property.
The estimated project costs and cost recoveries contained hereinafter, are
estimated based on costs known to date and may, therefore, not be actual asses-
sment costs.
The three alternatives, as explained in the feasibility, are as follows, along
with an alternate added at this time:
Alternate "A"
All residential properties would be assessed at one -half or the (at that time)
current rate ( x $0.045 /SF) _ $0.0225/SF. No credit is proposed for previous
assessments.
Alternate "B"
All residential and commercial properties would be assessed at the current
rates (at that time),of $0.045 /SF and $0.090 /SF respectively. The properties
would receive credit for assessments previously levied.
Alternate "C"
This alternate is to fully assess the cost of the project while maintaining the
2:1 ratio of commercial to residential rates. At the time of the feasibility
study presentation, the rates were estimated at $0.088 /SF for commercial and
0.044 /SF for residential. The project was considerably more expensive than
anticipated, resulting in actual rates of $0.077 /SF for residential and $0.154 /SF
for commercial. No credit was proposed under this alternate.
Alternate "D"
We have added this alternate to be consistent with current City Policy of asses-
sing at rates of $0.077 /SF for residential and $0.154 /SF for commercial and to
provide a credit for previous assessments for an inadequately designed system.
to
a
Project Assessment Assessment CityAlternateCostRatesRecoveryCredit.Participation
A 57,800 0.0225/SF R)3 54,000
C)
B 57,800 0.045 /SF R)7 1
0.090 /SF C)26,150 14,540
33,750 16,500 40,550
C -1 =57,800 R)7
0.088 /SF C)25,550
33 24
G -2 57,800 0.077 /SF R)13,000
0.154 /SF C)44,800
57
D 57,&00 0.077 /SF R)13,000 1
0.154 /SF C).44,800 14,540
57 16 169500
I
1111111.11111 ! 1 1 1 1 {{ I I I l l l f l l l Previously Assessed Residential
Previously Assessed Commercial
alp
J
n
1
Illf `Illlrl
mill 11
9
1 I
I
r
DR/vc
PROJECT 78 -20
BROOKVIEW DRIVE STORM SEWER N
Z
s
TO
FROM:
SUBJECT:
DATE:
City Manager
Public Works Coordinator
Tree Removal Program
April 22 , 1982
A, ctior,
DLI 1, e
HISTORY OF THE TREE DISEASE CONTROL PROGRAM IN MAPLEWOOD
V *7
Th & Ci ty of Maplewood has maintained a successful tree disease control program
since 1974. As Graph I shows, disease losses since 1977 have been declining.
In 1977 more than 4,500 elms were lost to Dutch Elm Disease. In 1981, elm
losses were down to 400, about 1.2% of the Maplewood elm population.
This decline in disease incidence is not due to a lack of elms, since an
estimated 33,000 elms remain within the City. The succes of our program
is due to a rapid and nearly complete removal of hazardous elmwood - -i.e.
sanitation. Hazardous el mwood is any wood that is a breeding site for elm bark
beetles, the main vectors for Dutch Elm disease.
Without continuing sanitation,and with such a large remaining elm population,
Maplewood can expect a tenfold increase in Dutch Elm disease losses within
three years.
We ci five benefits to the City of Maplewood if we continue the high quality
of our sanitation program:
1. By spreading our tree losses over a longer period of time, we facilitate
efficient and orderly tr removal.
2. Aestheti a sound Dutch Elm disease management program insures that
we will not lose all of our elm trees in a short period of time and become
a barren landscape.
3. We will gain time to develop a comprehensive tree management program that
will guide our tree planting efforts in an organized and agreed upon manner
in order to meet all our needs and to minimize the effect of any future plant
epidemics.
4. We will save the majority of our elm trees.
5. We will save money. Studies show that, depending on the level of control,
a community can save from 35 -75/ of total tree removal costs and property
value, over what it would cost without a control program.
In summary, disease incidence is declining, but the City should maintain a
minimum sanitation program for years to come.
At this time, several decisions regarding the 1981, 1982 and 1983 Diseased
Tree Removal Programs should be made.
1981 Program
The time for preparation of the assessment roll for the trees removed in 1981 is
upon us. The State Grant in Aid for trees removed will be approximately $3,430.00
or about 10.7/ of the total cost of $32,,183.00,
It is proposed to assess 90/ of the cost of the removals to the affected
property owners, and to pass on the 10/ received from the State. Boulevard
trees would be assessed at 50/ of the total removal costs (this is the maximum
allowed under State law).
Thp. City's total monetary burden wo.ul d be $ or $4,213.00 for trees
removed on City -owned property, plus $1,815.00 for the unassessed portion of
boulevard trees. The remaining $26,155.00 would be recovered from assessments
totaling $22,725.00, and the State Grant -in -Aid of $3,430.00.
1982. Program
State funds for the Shade Tree Program have been eliminated and the law requiring
Maplewood to have a shade tree program has been changed to allow us to decide
if we wish to have a program at al I. This would require reci nd i ng our ordinance.
If the City elects to have a program; it must be conducted in accordance with
our ordinance and the same State laws which were in effect in 1981.
Based on the facts presented in the History of the Diseased Tree Removal Program
in Maplewood, and. the disasterous conditions which would prevail -if the program
were to be dropped, it is recommended that the program for 1982 be authorized.
Funding the 1982 program should be decided this time. Three options appear
to be available to us. They are:
1, The City should pay all costs associated with the removal of all public and
private trees. Budgetary considerations weigh heavily against this option,
therefore, it has been eliminated from further consideration at this time.
2. The City should assess 100/ of the cost of all trees removed on private
property and 50/ of the cost of removing boulevard trees. This option would
place the least burden on the budget. It is estimated that the total cost
to the City would be about $7.234.00. However, this option is not in keeping
with the past practice of sharing part of the cost of tree removals on private.
property with the affected owner. It should be noted that over the years the
percentage of the costs paid by Grant -in -Aid has steadily decreased.
3. The City should continue to pay a portion of the costs for removal of trees
on private property. This places a heavier burden on the budget. If the
recommended assessment policy for 1981 removals were adopted and extended to
cover 1982 removals, the City's total cost is estimated to be . $9, 951.00 .
Option number two is recommended as it places the least burden on the City budget,
and is in keeping with the downward trend in Grants-in-Aid passed on to the
property owner.
1983 Program
In addition to the options presented above, another option is available
for 1983. We shall call it option four, which reads:
2-
f
4. The City shall impose a special levy for the removal of all diseased
shade trees on public or private lands. As allowed by MSA 18.023, this
levy is not restricted by general levy limits imposed by State law.
This option is recommended for the following reasons:
a. A special levy would be a more equitable method of financing a tree
program than special assessments. Everyone in a community benefits
from tree disease control., not just those that have trees removed.
Peoplee wi h healthy 'p t ea thy trees especially benefit from disease control and
yet they do not pay for it .
b. Special assessments for tree removal can be a great burden on individual
property owners. Assessments of $100 -$300 per tree are common. The cut-
off of State Grant -in -Aid money makes this more severe. A small levy
on every parcel has much less financial impact.
c. Special assessments are difficult to administer because of annual
hearings, billings and required notices. The 1980 assessment for project
80 -6 required approximately 60 n hours to prepare.
d. Public opinion and efficiency of a tree disease program should improve
if a special levy were imposed. People will be less reluctant to
report diseased trees since the City would remove them without additional
cost to the homeowners.
e. For people who homestead their property, a portion of a special levy
would be p a i d out of State funds through homestead credit. Assessments
are excluded from homestead credit.
The attached table is a comparison (and projection) , of the recommendations
made in this report. The 1983 projections a.re based on a 50/ i in the
number of trees marked, and a 20% increase in the overhead costs. These
increases reflect the expected tendencies of the public to report diseased
trees without hesitation, and to require the City to remove the trees at no
additional cost to themselves,
The special levy required to finance the expected $69,896.00 costs for the
project would be $3,15 per $10,000.00 of assessed valuation. A home with an
estimated market valuation of $70,000.00 would pay an additional tax of $4.64.
A portion of this additional tax would be offset by the homestead credit.
3-
3 -
ASSESSMENT 1981 ESTIMATED ASSESSMENT 1982 PROPOSED SPECIAL LEVY 1983
TREES M 400 (Actual) 6004.00 .
TREES REMOVED 242 Actual 242 600
BY CITY CONTRACTOR
PROPERTY
City Trees 4 5,056 60,000 (Contractor
CITY COST Boulevard
Trees 1,815 2,178 9,896 (Overhead)
6 7,234 69
Private Trees 20,91.0 25
ASSESSED Boulevard
COST Trees 1,815 2
229725 27
STATE AID K
3 430
@ 10 ..7 I
E
t+r
A
TOTAL COST 32 34 69,896
COST OF AVERAGE.
TREE ON PRIVATE 146 175 116
PROPERTY
4 50C
400C
1500
i
5 00
G 5A PH I
NLMBER OF TREES LOST TO DUTCH ELM AND OAK WILT DISEASES
3
19 T6 1977 1978 1979 15 8 0 1981
Y EAR
350C
w
ca
d 300C
w
0
w
250C
Z
2000
1500
i
5 00
G 5A PH I
NLMBER OF TREES LOST TO DUTCH ELM AND OAK WILT DISEASES
3
19 T6 1977 1978 1979 15 8 0 1981
Y EAR
J: am
TO: City Manager
FROM: Director of Community Development
SUBJECT: RE Rezoning South of Lower Afton Road
DATE: April 9, 1982
Request
pr ,
j
r
D e
The City Council, on February 4, requested that the Planning Commission
prepare a report of the property south of Lower Afton Road that could be
considered for RE districts and the report is to be presented by the
second meeting in May.
overall Purpose of the Request
To preserve the unique natural features of the area, without increasing
the price of lots any more- than necessary.
Objectives in Order of Importance (page numbers refer to the Plan Update)
1. Ordinances should be as specific and objective as possible (staff proposal) .
2. The City should continue to use planning principles for housing areas which
encourage . . . c. Preservation of natural and environmental features, such
as ponds, trees, wetlands,, shored ands, and fl oodpl ai ns (p. 12 -8) .
3. Where environmental limitations are present, the City shall encourage low
density housing or a Clustering of different housing types and styles to
protect natural features (p. 12 -9)0
4. Housing should be kept as affordable as possible for the widest range of
people (staff proposal).
5. The maximum allowed density should not be reduced solely for the purpose of
creating higher income or exclusive neighborhoods tstaff proposal).
6. Ordinances should be in a form that prospective developers can easily determine
what their rights are before buying the property (staff proposal)..
7. Environmental overlay-districts should be used to protect areas of the City
that may be subject to environmental limitations and have not yet been
developed (p. C -23).
8. The Planned Unit Development Ordinance should be revised to- able the
City to make better use of this mechanism for promoting hou-s y } g diversityy _
and environmental protection (p. C -23)0
i amenities through minimum grading and site pr`eparati on (p. 18-5)*9. _ Maximize site g 9
10. Ensure efficient utilization and conservation of land on both an individual
site as well as a community basis (p. 18 -3)0
11. Residential areas should be planned and designed with shorter street lengths
and with a minimum of land devoted to streets (p. 18 -11)0
12. The City land u se plan should be the guide i n determining population density
and distribution, although some flexibility for changing land use patterns
and densities should be maintained (p. 18 -8) . _
Decisions Needed in Priori t
1-. Decide on the area to be studied.
P2;.Decide on the specific natural features to be protected.
3. Decide h ow best to protect these natural features, based on the above
objectives.
Decision one Decide on the area to be studied.
Council originally directed staff to study, the area south of Lower Afton. Road.
C ounc i 1 however, has previously discussed larger lots or preserving natural
features in other areas of the City, such as:
p10southofLar enteur and north of the tracks
2, north of Kohlman Lane and Keller Parkway
If Council • is concerned with preservinginth natural features in other parts of theg
c i t y2 ythestud area should be expanded to comprise the whole City.
Decision Two Decide on specific natural features to be protected.
The following natural features should be considered for protection:
1, wetlands (see enclosed map)
2, slop es with a 12/ or greater grade (see enclosed map)
3, woodlands (see enclosed map)
4, shorel ands and fl oodpl wins( see enclosed map)
5 unique habitats
WETLANDS
The following objectivesfllowin should be used in deciding which wetlands to
p-reserve (in order of importance) :
1. Use existing wetlandsands to meet the ondi ng requirements of t - Maplewood
Drainage P 1 an" .
2. Protect the water quality of lands and streams b y usi nag weal (ands to remove
sediment and nutrients from run -off. Improved water quality:
f
increases property values around lakes and streams
improves fish and wildlife habitats
improves recreational opportunities -- swimming and fishing
reduces P ubl i c costs of storm sewer maintenance and lake renovation
projects
3. Maintain wetlands with significant fish and wildlife habitats.
4, Allow theh development of wetlands that serve no significant public purpose.
5. Existing wetlands should be used to meet open space requirements .
6. Preserve wetlands that aid in groundwater recharge, This could be
important,, but significant recharge areas have not been determined at
this time.
SLOPES WITH A 12% OR GREATER GRADE
Twelve P ercent is the grade used in our "Critical Area Overlay District
Ordinance"*
The purpose regulatingforreulatin steep slopes is to avoid ecological problems caused
siltation and pollution of lakes and streams due to excessive erosion and
by s,1
run-off. There is also benefit in preserving the natural character of steep
slopes.
WOODLANDS
The Metropolitan Council model environmental overlay ordinance uses the following
definitions:
Woodl and - -a rou of trees at least one -half acre in areaand with a crown
9 P
cover of fifty percent or greater.
Tree - -any ywood plant that has at least one trunk whose diameter four feet
above ground is four inches or greater.
Crown Cover--the ratio between the amount of .land shaded by the vertical .
projection of the branches and foliage area of standing trees to the total
area of land, usually expressed as a percentage.
SHORE LANDS AND FL00 DP LAI NS
Shorel ands are defined by the State as:
1. 1000 feet from the normal high water mark of a pond, lake or wetland
29 300 feet from a river or stre am , or the 1 andward side of a designated
floodplain, whichever is greater
Alp-
3
C
UNIQUE HABITATS
The only unique habitat is a virgin prairie owned by the City, west of Century
and south of the tracks, called "Jim's Prairie".
Decision Three: Decide how best to protect these natural
features, based on the above objectives.
Existing City Ordinances
I T" - In 1979, the City adopted an environmental overlay district for the area
south of Carver Avenue and west of I -494. This ordinance protects steep
slopes, wetlands, trees, and unique plant and animal species. This ordinance
has specific standards that could be applied in the study area. (See enclosed
ordinance.)
2. The City's subdivision regulations state that "In the subdividing of any
land, due regard shall be shown for all natural features, such as tree
growth, water courses, historic spots or similar conditions, which if
preserved will add attractiveness and value to the proposed development.
The City Council may require the clustering of lots, such as with a PUD, to
preserve natural features" (section 1008 -f -8) .
While this ordinance expresses good intentions, it is too vague and lacks
specific, objective standards.
3. Staff is working on a shorel and ordinance that must be adopted by September.
4. Section 1008 (e) (2) of the subdivision regulations protects streams and
drai nageways -- "Where a subdivision is traversed by a watercourse, drainage-
way, channel or stream, there shall be provided a storm water easement or
drainage right -of -way conforming substantial with the lines of such
watercourses, together with such further width or construction, or both, as
will be adequate for the stormwater drainage of the area".
6. Section 1006 (e) of the subdivision regulations states that "the City Council
may require that a reasonable portion of any proposed subdivision be
dedicated to the public as drainage and holding areas or ponds".
The City has required such dedications where, ponds are shown on the
Maplewood Drainage Plan".
Alternatives to Protecting Natural Features (In order of preference)
1. Environmental Protection Ordinance
Advantage: Specific natural features would be protected without raising l
costs by arbitrarily increasing l areas or reducing density.
w
Disadvantage: In order to be specific and objective, this or i nance would
be more complex and technical than the other alternatives, is would make
the ordinance harder to use. This type of ordinance, howeve F. 'has been
adopted for critical aopouseinthec t cal are south of Carver Avenue. ,
a
A P UD zone with the maximum allowed density reduced to eight people per net
Z ' sul t i f the site was edlevelo
acre. This i s the average density that would re P
with 20 000 square foot lots. The PUD zone would allow Council the discretion
w q ua ft undeveloped*oofdeterminingwhichareasonthesitearetobe1e p
Advantages _
1 u art of the site and preserve largeterhomesona. The developer could cluster p
areas of undevel oiled 1 and contai ni ng natural features .
b Clustering units 9 -would reduce grading and public improvement costs .
Disadvantages
a. Since there would be specificfic p redetermined requirements for whichp
natural features to preserve, Council would have to decide this on a
case by case basis.
i 1 reduci the density may unnecessarily raise lot costs
b. Arbitrarily 9
3. RE rezoning
Advant • This wld be the alternative to administer.
age
Disadvantages:
a. This would be the least effectiv alternative for preserving natural
features5 because of the grading required for street and homesites.
b. This alternative would raise the cost of lots more than the other
alternatives.
Comments
Alternative one best meets the overall purpose and objectives - -it would most
effectively preserve natural features, without increasing the price of lots any
The enclosed chart and drawi compare the relative costs
more than necessary. T and 40 000
dividing a fort acre parcel into 1020009 20 30,000,
per lot of 1 g y
square foot lots (alternative 3). The chart also shows the co of reducing
out increasingn lot areas (alternative 2) . If Counci 1 s mai n
the density, w th g 1 of costs
con i s reserving si gn fi cant natural features, without increasing
con p
any more than necessary, than alternative one is best.
concern i s al features with reducedreservingnaturalIf, however, Councs may n co preserving
density, with less concern for lot costs, then alternative two is best.
e lot with less concern forneighborhoods, w
if Council's main concern s 1 arg 9 •
d lot costs then alternative three i s best. Staff con -
natural features an
Road wi h lots of
ted a surveyY of property owners south of Lower Afton
r . Three fourths of them, favored an _ zone, wi th
20 0.00 square ..feet or mo e -
t lots.reference for 20,000, 30,000, and 40,000 square f
fairly equal p
See enclosed survey.) -"
5
A
Recommendation
Direct staff to prepare an environmental protection ordinance that would protect
the specific natural features recommended in this report.
is
Study area
Wetland map
Slope and soil map
Tree cover map
Floodplain map
Critical Area Overlay District Ordinance
Chart and site plans of alternatives
Survey
HRA minutes
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ORDINANCE N0. 461
1 °
CRITICAL AREA OVERLAY DISTRICT ORDINANCE
moon the Health SafetyAnOrdinancePromoting
and Welfare of the Citizens of Maplewood,
1innesota, by amending the zoning ordinance,
adopting new sections, creating a Critical _
Area Overlay District, and creating a Site _
r
Planning Requirement therein. -_
Zoning (lode of the City of Maplewood is amended to add Chapter 918.
Section 1. .The
GENERAL PROVISIONS
918..010. Fin din s. The City of Maplewood finds that the Mississippi River Corridor
the retrc ofitan Area and the river is a unique and valuable local,
within P
e Tl and national resource. The river' is an essential element in
state, r onag
regional, state and national transportation, sewer and water, and
the local, g ,
recre yatior. 1 system and serves important biological and ecological functions.
The pr and mitigation of irreversiblE damage to this resource and .
preservation and enhancement of its natural, essthetic, cultural, and historical
values is in furtherance of the health, safety, and general welfare of the city
A918.020.Pur ose a Intent. It is the purpose and intent of this ordinance to
gpreventandmitigate irreversible damage to this unique state, local, regional,
and national resource , to preserve and enhance its value to the public and pro -
tect and preserve the system as an essential element in the city's transportation,
sewer and water, and recreational systems in accordance with the following
policies:
Corridor shall be many ed as a multi - urpose public
The Mississippi River
y gresourcebconservi the scenic, environmental, recreational, mineral,
cultural, nd historic resources and functions of the river corridor
economic, ,
and providingvidin for the continuation of development of residential and open
space uses within the river corridor. .
River Corridor shall be managed in a manner consistent with
b) The Mississippi
its natural characteristics and its existing development a nd in accordance
with regional 3 ans for the development of the Metropolitan Area.
g p
c) The Mississippi River Corridor shall be managed in accordance with the Crit-
73 the Minnesota Environmental Policy Act of 1973, and
i cal Areas Act of 19 , .
the Governor s critical area 'disignation order$ Executive Order No. -130
dated November 19 1976, and other applicable state and fe
a
laws. ,
District. A critical area o
918, 030. Establishment of Critical Area Overl overlay
ulat ions is hereby est as part of the
district with its re g
a lewood Minnesota. This district shall overlay existing
zorr ordinance of lei P s district shall
atonin districts, so that any parcel of land lying in the ove
g
re of - the underl in established zoning orsytric -ts. Terri-
also lay in one or mo Y g
district shall be subject to the re quE.i ments establish
tory within the overlay 3
applicable ordinances and regulations of the Cit _ Maplewood.
ed by other aPP-
shall be permitted in accordance with the
within the overlay district, all uses P _
regulations for the underlying zoning district (s) provided, however, that such
uses shall not be entitled to or issued the appropriate development permit
until they have first satisfied the additional requirements established in this
ordinance,
918.040. District Boundaries. This overlay ordinance shall apply to the critical
areas district which is specially delineated on the official toning map of the
City of Haplewood for purposes of determing the application of this ordinance to
any-particular Parcel of land, the above - referenced map shall be on file in the
off-ice-.of the Director of Community Development and shall be available for in-
spebtion and copying.
918. Definitions.
1. Critical Area - the area knoim as the Mississippi River Corridor Critical
Area designs ;:ed by the Governor in Executive Order No. 130 dated November,
1976. -
Croum Cover - the ration between. the amount of land shaded by. the vertical
projection of the branches and foliage area of standing trees to the total
area of land, usually expressed as a percentage.
3. Dimensional Requirement - minimum and maximum setbacks, yard requirements,
or structure 'height or size restriction in the Zoning Ordinance Section.
4. Erosion - tb.! general process by which soils are removed by flowing surface
or sub -surfa =e water or wind.
50 Gross Soil Less - the average annual total amount of soil material carried
from one acre of land by erosion.
6. Lift Station - a facility, usually including pumping facilities, for the
lifting of sewage or stormwater runoff to a higher sewage facility or storm-g
water runoff facility.
7. ha tural Rate of Absorption - the amount of stormwa ter absorbed into the soil
during a storm of once in twenty year occurence.
8. Person - any individual, firm, corporation, partnership, association or
other privy to or governmental entity.
9. Pipeline - an underground line of pipe including associated pumps, valves,
control devices and other structures utilized for conveying liquids, gases,
sewage or other finely divided solids _ from one point to another.:--.- _
100 Retaining Wall - a structure utilized to hold A slope in - a position which
It would not naturally remain in.
11,. - Sediment- - suspended matter-carried by water, sewage or oth "liquids.
12 . Septic Tank - any device for_ the treatment and disposal of _ man waste
P -
whicb utilizes_ the . percolation of the liquid portion of -the "waste into the
soil including all portions of said system _which are not contained _inside
a building
Z
13. Slope - the inclination of the natural surface of the land from the hori-
zon-tal.
14. Soil - the upper layer of earth which may be dug or plowed; the loose sur-
face material of the earth in which veget`tion normally grows.
zs, s tructure -_ an thin s manufactured, construction, or_. erectesa which is normallyy
attached to or .positioned on land, including portable structures.
6 .substation _mot: iitili.ty structure .other than lines, pipe lines, holes or1 ._
toli rS .
17. Terrace - a relatively level area bordered on one or more sides by a retain-
ing wall.
180 Tree - an y wood plant that has at least ene truck whose diameter is four
y p
feet above the ground is four inches or greater.
Utility Facili physical facilities of electric, telephone, telegrap:,190 Ut y Y - P y sca
similar servicecabletelevision, water, sewer, solid waste, gas, and s
operations. -
20 Vegetation - all plant growth, especially tree, shrubs, mosses and grasses.
g
21. Water Body - any lake, stream pond, wetland, or river.
land which is seasonably wet or flooded including all marshes,2. etland any
bs, sk-amps, and floodplains.
918.060. Site Plan Contents.
A. Site P lans shall be prepared - to a scale appropriate to the size of the
project and suitable for the review to be performed.
B. The following information shall be provided in the site plan: - z
1) location of the property including such informat as the name and
numbei s of adjoining roads, railroads,' existing subdivisions, or other
landwards.
Z) the name and address of c•,aner (s) or developer(s) , the section, township
and range, northP pint, date an scale o g,d lf drawing, and number of sheets.
o ra i as indicated on a contour map having a contour
3) existing top g p y
inter no greater than 2 feet per contour; the topography map shall
delineate an bluffline, all streams, including intermittent
also cle a rly Y
swales waterbodies statement of _water_ qual -ity and a class-
streams and _ '
en t. . - t of - Natural
ification given to - the _waterbody by - the ii.nnesota Depart _
Minnesota PCB 3.f any. ~ The 'topographyrInap shall in-
Resources and the Min ,
dicate - the f loodway :-and /or -flood fringe lines.-
an delineating existing dra inage. of the water setting forth
e
the volume and t what rate stormwater is conveyedd from4) _
which - directs o n a
the site and setting those areas of the site where stormwater
collects and is gr adually percolated Into the ground or slowly released
to stream or lake.
3 -
SITE PLANNING REQUIr.DTENTS.4
9180010. Site Plan Required_ No building permit, zoning approval or subdivision
approval permit or certificate shall be issued for any action located in an,
area covered by this ordinance until a site, plan has been prepared and approved
In accordance with the provisions of this ordinance.
918.080. Exception _
A. No. site plan shall be required for an existing single - family dwelling nor
or the extension, enlargement, change or alteration thereof, nor accessory
structures thereto, provided that the dwelling remains a single- family
dwelling.
B. No site plan shall be required for any use permitted on a temporary basis
for a period not to exceed two years wher such use is established without
site preparation and makes no discharge on to the site. No extensions
shill be granted beyond the two -year temporary permit.
918.090. Site Plan Application. A written application for site plan approval shall
be filed with the Director of Co=unity Development containing evidence adequate
to show that the proposed use will conform to the standards set forth in this
ordinance. Three (3) sets of clearly legible blue or black -lined copies or
drawings and required information shall be submitted to the Director of Community
Development and shall be accompanied by an application fee of $30.00.
5) a description of the soils of the site including a map indicating soil types
by areas to be disturbed as well as a soil report prepared by a soil scien-
tist containing information on the suitalsility of the soils for the type of
development proposed and for the type of sewage disposal proposed and de-
scribing any remedial. steps to be taken by the developer. to render the soils
suitable. All areas proposed for grading shall be identified by soil type,
both as to soil type of existing top soil and soil type of the new contour.
The location and extent of any erosion area shall be indicated. The stabil-
ity of rock units along bluff lines shall be included in the soils descript-
ion.
b) a description of the flora and fauna, which occupy the site or are occasion-
ally found thereon, setting forth with detail those areas where unique plant
or animal species may be found on the site.
7) _a description of any features, -- buildings or areas which are of historic
significance.
8) az map indicating proposed finished grading shown at contours at the same
Intervals as provided above .or as _to « clearly ` indicate the relat-
ship of proposed_ changes to existing toppgrahy and_rema t ing features.
9 a landscape - plan drawn to an appropriate scale, including d'irexistingnsionsandP
distances and the location, type, size and description of
vegetation, clearly locating and . describing any vegetation proposed for re-
moval and all proposed -- landscape materials whic - h will be added to the site
as part of the - development.
4-
w
lQ) a proposed drainage plan of the developed site delineating in which direction
the volume, and at what rate stormwa ter will be conveyed from the site and
setting forth the areas of the site where stormwater will be allowed. to
collect and gradually percolate into the ground, or be slowly released to
stream or lake. The plan shall also set forth hydraulic capacity of all
drainage structures .to be constructed or existing structures to be utilized,
including volume of Bolding ponds and design storm,
11)an and sedimentation control plan indicating the type, location,
and necessary technical information on control. measures to be taken both
during and after construction including a statement expressing the calcu-
lasted- anticipated gross soil loss ea in tons/acre/year both during
and after construction.
12) the proposed size, alignment, height and intended use of any structures to,
be erected er located on the site.
13) a clear delineation of all areas which shall be paved or surfaced including
a description of the surfacing material to be used. "\
14) a description of the method to be providel for vehicular and pedestrian
access to tre proposed development and public access to the river and /or
public river-view opportunities both before and after development: a des -
cription of the development's impact on existing views. of and along the river.
x(15) a description of all parIcing facilities to be provided as part of the de-
velopment of the site including an analysis of parking needs generated by
the proposed development.
16) a delineation of the area or - areas to be dedicated for public use.
17) a delineation of the location and amounts of excavated _ soils to be stored
on the site during construction.
18) any other information pertinent to the particular project which in the
opinion of the Director of Community Development or applicant is necessary
or helpf ul f or the review of the pro j ec -t.
19) the Director of Community Development may waive any of the above require-
m3ents that are not applicable.
918.100. Site Plan Approval. The Director of Community Development shall approve
or deny all applications, except those that would normally need approval by the
City Council. If the applicant is - not. satisfied with the decision of the Dir-
ector of Community Development, the decision may be appealed to the City Council
after a from the Planning Commission.
918.110. Site Plan - Approval Standards. No site plan ' which fails to - atisfy the
following Standards shall be approved by the City Council or - Dire or of Cam-
unity Development.Ji
A. The applicant shall demonstrate that the proposed development "shall be _
planned, designed, constructed and maintained to avoid substantial probab-
ilities of:
5 -
1) accelerated erosion.
2) pollution, cant ,amination or siltation of water bodies, rivers and
streams.
damage to vegetation.
4 ) injury to wildlife habitats.
S) increased flood potential. -
i -
6) decreased ground water recharge.
Be The applicant shall demonstrate that the types and densities of land use
proposed shall be suited to the site and soil conditions and shall not present
a threat to the maintenance of the groundwater quality, a potential increase
in maintenancetenance cost of utilities, parking areas, or roads, and shall not be
subject to problems due to soil, limitations, including, ;but not limited to
sail bearing strength, shrink /swell potential, and excessive frost movement.
S
C No development shall be permitted on land having a slope before alteration
in excess of 12 percent unless the applicant shall prove that the follokr.ng
conditions are met:
1) The foundation and underlying material of any structure, including
roads., shall be adequate for the slope condition and soil type.
s exist uphill (2) Adequate controls and
is no danger of structures or roads bprotection ' hill from the proposed develop-
being struck
rnent su ch that there g
in rock, mud, uprooted trees, or other materials*
by fall
resents no danger of falling rock, mud, up-
3) The proposed development p
hill.
rooted trees, or other materials to structures down
developed slope from the river • and opposite riverbank
4) The view of the dev p p
is consistent with the natural appearance of the undeveloped slope,
consistent ywithan historic areas nearby, compatible with the view
and compatible withrom. historic areas a surrounding architectural feat-
p _
maximum extent possible, the use of natural devices, in
ures. To the rnax p
cludin 8 vegetation management shall be preferred over the construction
of artificial devices, including • ncludin culverts, holding ponds, walls, and
terracing.
than, buildings and roadway surfaces, but
5) All other structures other
requirements:retaining walls shall meet the following design q
including S _
terrace contours shall not exceed five feet in
a) retaining walls or t -
height; : -
subject to Commur y Design Review
b) -construction materials shall be j 3.
Board approval; -
and retaining walls shall be
c) the minimum space in between terraces 8
twenty feet. _
6-
slopea development with local
lift stations required to service the P (6) Any ordance wit1l local design standards
sewer systems are designed in acc
and approved
a sans
roved b the city engineer. The applicant shall furnis
a reenent b which the cost of maintenance and
factory arrangement or g y
station are borne by those serviced by the facility*
operation of the liftt s
laced on a' of greater than 12Z. The
X73 No septic tank shall be p is tank
natural slope may not be altered in any way where the septic
P y
f is to be located. The drain lines shall be
system or part thei eo
located P arellel to contour lines.
to ith a natural slope in excess of 45% be
8) In no case shall slopes w
developed.
3
ccom lished only in such a manner that on -site gross
D. Development shall be a P
acre per year during
soil loss levels shall not exceed five (5) tons P er P
0 (2) tons per acre per year when the site is
construction, but only tw
body or water co
P
urse and 0.5 tons per. acre per year
adjacent to a water y
a f ter construction activities are completede
ball diminsh the scientific, historical,
E. Development shall not substantially
ural areas and unique
onal. recreational or aesthetic value of nat
t1Veeducate
species, and shall not substantially alter the repro uc
plant and ailmal spec , _
cycle of thy: species. _
es shall make maximum use of natural in -place veg-
F, Erosion protection measur
w vegetation on site as erosion control
etation rat1er than the placing of ne
be refer red
of natural erosion control devices shall p
facilities. The use _
he construction of artif ical drainage devices
to the maxinum extent over t
din culverts, holding ponds, and ditcheso
inclu g
manner as to minimize the removal
The .develo rnent shall be located in such a rnan
Th PG. .
of vegetation and alteration of the natural topography.
a t there are no feasible or prudent alter
E, The applicant shall demonstrate th
a permitted only
trees on the site: development shall b P
natives to cutting No
that the maximum number' of trees shall . be preserved..
chinsuchamanner n which
those occupying the actual physical space
trees may be cut except
be erected. In t
a structure, drive or roadway is to he event that solar
sunlight to the
utilized, trees may cut to allow suffi
collection s u ,
demonstrate there are no f easib a or
solar collectors if the applicant can
o f trees shall be re-
prudent alternatives. If trees are cut, the denisty the
fore development, but in no case steal
stored to that which existed be ' Theacre.
applicant be required _ - aise - - _the; - e- ns -ity -- ._above - - 10 - -- trees- - - -- - -- - - _ _
all rasing which takes place will a con
s licant -shall demonstrate that - g
n and stability ofapp
a_ manner tha
adequate watering area equal to atehat _preserves the root zone aera
ast oneductedin. _ _ _. --
vides an adeq -_existing__ -trees and _pro - - - - - - - - _ _ _ - -- - _ -- _ - - - - -- - -
1alf -each tree' s crown cover.of-
educe the existing cro cover greater
Development in woodlands shall not _ reduce _ _ _ _ - t -= the understory
ercent and shalt be _conducted.n such a _manner _ _than - 50 p _
and litter is preserved.
nd nutr
J
ient -
wetland _shall not_ exceed the excess s torage a _
develop-Fishing in a w _ - .-. - - -iia - based on - the - ultimate proj ecte P
stri in capacities_ of the wetla
PP S _
a 7 -
NI
went of the wetland watershed. Flood storage and nutrient stripping capaci-
ties shall be calculated in accordance with . Appendix Be
Wetlands and other water bodies shall not be used as primary sediment traps
during or after construction.
The proposed development will not increase the runoff rate or decrease the
natural rate of absorption of stormwa ter.
The quality of hater runoff and water infiltrated to the water table or
q y
a q uifer shall be as high after development as it was before development of
the site.
When filling in a wetland, a minimum amount of filling may be allowed when
h—
necessary but in no case shall the following restrictions on total amount of
filling be exceeded. Since the total amount of filling which can be per-
mitted is limited, the city of Maplewood, when considering permit appli cat-
ions, shall con q PPconsidertheequalapportionment of fill opportunity Ito riF arian
land owners.
Total filling shall not cause the total natural flood storage capacity
of the wetland to fall below the projected volume of runoff from tLe
whole developed wetland watershed generated by a 6" rainfall in 2
hours. Any increase in runoff must be detained for on -site infiltration
through the soil to the water table.
i
1
2. Total filling shall not cause the total natural nutrient stripping
capacity of the wetland to fall below the nutrient production of the
wetland watershed for its projected development.
3, o nl y fill free of chemical pollutants and organic wastes may be used.
pNopartofanyseptic tanks rnyste shall be located closer than 150 feet
G
gfromthee of a water body or water ,course unless it can be sbown that
no effluent will directly or indirectly reach the water body, water course
or wetland.
The development is consistent with the reasonable preservation of the
w
view of the river corridor from other properties and by the public riglits-
of -way has been minimized.
Q The grades of any streets shall not exceed 10 percent.
control, stormwR. Any and all erosion coat , ater runoff, utility access, and
similar structures shall be designed to be maintained, cleaned out, and -
sim_ st _
operated without requiring the crossing of private - lands with or
otherwise p _
of motorized heavy maintenance vehicles and equipment, such as
The operation _ vY
back- -hoes on slo es in excess of 8 ercent. As used
bulldozers, trucks, and P
in this section, private lands . includes any out - lots.
ed develo went both vehicular c*d pedestrian, - 1 be adequate
S. The propos p
and ..consistent with local transportation and thouroughfar: anningo
hall not lessen public access to an -
T. The proposed developrrient s
d along the
P
river bluff s nor doed it lessen public opportunity to view the river from _ -
the corridor. _within
g -
U. The conduct of all grading, landscaping, structure placeme and street
routing shall be consistent with and to the maximum extent in furtherance
is of the goals and policies for the development of the river corridor adopted
f by the City of Maplewood on March 1, 1979.
CRITICAL AREA CROSSINGS.
918 - Utility Facilities: Utility crossirgs of the cri tfsal area corridor or
r
routing within the corridor shall meet the following standards:
A._. - Underground placing of the utility facility shall be required unless econ—
omic, technological and land characteristic factors make undergroun.3 place-
ment feasible. Economic considerations alone shall not be made the major
determinant regarding feasibility.
B. Overbead crossings, if required, shall meet the following criteria:
1) The crossings shall be adjacent to or part of an. existing utility
corridor, including bridge or overhead utility lines.
2) All structures utilized shall be as compatible as practicable with land
use, scenic views, and existing transmission structures in height,
material, color, and design.
3) Right of way clearance shall be kept to a minimum,
4) Vegetative screening shall be utilized to the maximum extent co:
with safety requirements.
5) Routing shall avoid unstable soils, bluf flines, or high ridges, the
alteration of the natural environment, including grading shall _')e
minimized. -
6) The crossings be subject to the site planning requirements set forth in
Article II.
C. Utility Substations. Utility substations shall be subject to the following
standards:
1) All substations shall be subject to the site planning requirements set
forth in Article II.
2) New substations or refurbishment of existing substations shall be com-
patible in height, scale, building materials, landscaping and signing
with surrounding natural environment or land uses. Screening by
T natural means is encouraged and sbould be compatible with the surrounds;
environment.-
Pipelines. Pipelines and underground utility facilitle . sball be subject
1W :.
to the following standards:
T
1) All pipelines and underground fac :.ivies shall be subj ect to the site
planning requirements set forth_ in Article 918.070. _
2) The facilities shall be located to avoid wetlands, woodlands, and areas
of unstable soils. -
3) All underground placing of utility facilities and pipelines shall be
g P g
followed by revege to t ion and rehabili to tion to the conditions which
existed on site prior to development providing the original conditions
were environmentally and aesthetically desirable.
918.130.Public and Private Roads. New roads crossing the critical area corridor
or routed within the critical area corridor shall meet the following standards:
A Roads shall be constructed to minimize impacts on the - natural terrain and
natural landscape.
B. Extreme cuts and fills are to be avoided.
C. All roads shall .be subject to the site planning requirements set forth in
Article 918.070.
D. e wN road- shall not utilize the river corridor as a convenient right -of -way
for new arterials.
E • New road: shall be restricted to those facilities needed to access existing
J
and planned residential uses.
918.140. Existing Structures. ExistingE •istin structures, the location, or the use of
which is inconsistent with this ordinance or the critical areas designation
order shall not be eligible for any Permit granted by the City for expansion,
change of use renewal of existing permit, or building permit, unless the
following criteria are met:
A. The applicantant shall provide and maintain adequate screening of the structur
from the water through the use of natural vegetative means.
B. The public's ytability to view the river and river corridor from existing
public streets shall not be further degraded by the proposed activity.
918.150. Signs,
A. All advertising signs permittederrmitted within the critical area shall conform with
the P rovisions of the Maplewood Sign Ordinance.
Be Views of the water from vistas and public roads shall not be impaired by
the P lacement of business or advertising signs.
signs, the location of which is not in conformance with
C. All advertising sig ,
this section are deemed non -- conforming uses and shall be removed within
three years of the effective date of this ordinance.
ON SITE SEWER DISPOSAL,
The following regulations are_ adopted to:
gl$ 'urpose and Intent. Th _ g g
s _
w
dis osal s stems as to prev contamination of
1.- ,Regulate individual_ sewer .p y -
of water•
underground bodies of water, streams or other surface = dies
i
B Prevent individual disposal systems. from creating a health hazar
i sewer p _
and/or a nuisance for the _ general public or for individuals.
10 -
rl
918.170. General Requirements. _
A. Location and installation of the individual sewage disposal system and each
eof shall be such that with reasonable maintenance it will fu
part ter :
nction
a sanitary manner and will not create a nuisance nor endanger the safetyiny
of any domestic water supply. In determining a suitable location for the
s stem consideration shall be given to the size and sb.ape of the lot, slope
y
of natural and finished grade, soil permeability, depth of ground water,
ggeology, proximity existi or future water supplies, accessibility for
maintenance, and possible expansion of the system. -
No part of the system shall be located so that it is nearer to any . , Hater
a from its location may reach any domestic
supply, or so that surface drainage
water supply.
a tic tank effluent, or seepage from a soi
sews gC. Raw P septic absorption system
gshallnotbedischarged to the ground surface, abondoned wells, or Bodies
or into any rock formation the structure of which is not
of surface water,
r into an well r other
conducive to purification of water by filtration, o Y •
round. This requirement shall not apply to the disposal
excavation in the g q
of sewage in ac Paccordancewitha recess approved by the State Board of ]Health
or the Water Pollution Control Commission.
D. The _lot size sh all be 3 acres or more to permit installation of the individ-
osal system in accordance with all the requirements pertainin
ual sewage disp y
thereto.
Installation of in sewageie disposal systems shall not be made in low
E. .
swamp areas or areas which may be sul -j ect to flooding.
ground-water table or where limestone or any geological
F. In areas with high g
f o rtna t i on ysimilarl faulty is covered by less than fifty t Sp feet or earth,
the - final disposal unit shall be a title field. The bottom of the trenches
shall be not less th an four (4) feet above the highest known or calculated
water table or the surface of the faulty rock formation.
a machine shall not be driven over the
G. Bulldozers, trucks, or other he vy machinery
system after installation.
R. The system or systemstems shall be designed to receive all sewage from the
ment served, including laundry waste
dwelling, building
gandbasementfloordrainage. Footing or roof drainage shall not enter any
Part of the system.Where the construction of additional bedrooms, the
equipment, or other factors likely to affect the
installation of mechanical eq P
on of the s stem can be reasonably anticipated, the installation of
op era t i y
adequate for such anticipated need shall be required.
a system q
din a septic tank, and a soil
X The system shall consist of a building sewer, - -
surface
absorption unit. -The soil absorption unit shall consia _ of a sub
shall be treated in the septic tank and the
disposal field. All sewage field. The septic
septic tank effluent shall -be discharged to the dispo s _
system shall be considered the only ar eptable .system °r
tank drain field
s
d that this system is not feasible
installation unless it can . be demonstrated
question and if it can be deomonstrated that the
j on the aprticular lot in q ollution problem*
system proposedmbeinroosed as an alternate will not create a p P
11 —
f
a _
a
J. Soil absorption systems for the disposalstalledonLandwhere ' of sewage waste shall not btheslopeexceedstwelvepercent
e
p cent (l2x).
918.170. Pia in tenance Re
A. At least once a ear they owner of any septic tank ormeasureorarrangeformeasurement
is agent siall
septic tank, then
nt of the depth of sludge and scumasaresultofsuchmeasurementtheto
in
coma - P of t sl uclayerinthetankoran
i
y P rtment of the_ .tan -is found to b (12) riches below the bottom a less tltwelve
or is the bottom of
of teh outlet baffle or submerthescumlayerislessthanthreeged F
ee {3) inches .abovebottomcftheseptictankoutletbaffleorsubmergedpipetheowner _ ner °_agent shall arrange for the removal afromthetank • ro
11d sanitary disposal of slud epvidedthatsuchrequirementformeasuring
nd
ic - tank which is surfing shall be JaforanySeptcleanedasindicatedatleastonceyear,each ca
B: At least once each year the otner of any system equipped with a distr'box shall arrange for the opening lb
y settled
P g of the distribution box and the Ternsolidstherein. Such raterial shall
v,of an
septic tank. or by other mean-
ll be disposed of to tlsacceptabletotheCity.
C. At least once _between May 1 any June 30 of each year the dep of li ' 'in each seepage pit shall be measure p 4u1cd • When, as a result of such measumerititisfoundththeliquidleveli z
n the pit is less than one footbelowtheinlet, a second measurement shall be made eight (8) to twelvehoursafterthefirstmeasurement •
ed to t , during which time no liq shallgheseepagepit, If as a result
bedischarged
it is found that the li quid le
t of the second measureQvetinthepithasnot3oweredat1east tca2Jfeetfaringtheindicated
acceptable
period of time, an additional seepage itotherPesoilabsorptionsystemshallbe
P
provided,ded.
D. Servicing of septic tanks and soil absorption units shall conform to theMinnesotaDepartmentofHealthandMinnesotaPollutionControlAgencyspEifications. Disposal of sludge andrid scum removed from the system shall bE
1) into a municipal sewer disposal .p 1 system where prac table.
2) in the absence of a ubli sewer, wer, at a disposal site approved b thePollutionControlAgency, y
3) sludge shall not be dischar e '
land g d into any lake or water - course nor u o;without burial. u o
Alternative . S stems.
A. Alternative methods of sewageg disposal such as holding tanks electricorgasincinerators. biological and tertiardisposalsystems, wherever req
3' treatment plants or land
q .red or allowed in iarcularcshallbesubjecttothestandardscrate
P _ rcumstances
criteria, rules a regulations of theMinnesotaDepartmentofHealthandMinnesotatoPollutiControlAgency, andshallb so require approval of the City Concil. -
W 12 --
rdinance shall take effect after its passage and publication.
t Section 2. Thi s o
Passed by the City Council
of the City of Maplewood,
Minnesota, this 1st day of
March, 1979.
Mayor
w -
r
Attest:
A
Ayes — 5
Clerk hays — 0
N •r • !• • • •• . . . ! • • • . 7' ... •/•
r M • w r i•
ORDINANCE N09 503
AN ORDINANCE AMENDING SECTIONS 918 AND 1004 OF THE
RELATING TO THE -MAPL£WOOD CODE RE CRITICAL AREA OVERLAY
DISTRICT AND FLATTING C ODE _
CITY COUNCIL OF MAPLEWOOD DOES HEREBY ORDAIN AS FOL LOWS:
THE _
od Code is hereby amended by adding
SECTI 1, SECTION 918.050 of the Maplewood
23 and 24, to read as follows:
new subparagraphs
of a slope with direct drainage
23. Bluff 1 ine - a line delineatinging a top
ct in the points at which
e Mi River or Fish Creek, connecting
to th P e than one bluff 1 ine may
be encountered proceeding
the slope becomes less than 18 percent. (More
ntered roceeding landward from the river )o
on 211.010 of the City Code.
Park Dedication Fee - as defined in Section
24. Pa
N 2. SECTION 918.110 of the Maplewoo Code is hereby amended to read
S
as follows:
site lan whic fails to satisfy
918.110 SITE PLAN .APPROVAL STANDARDS. No P
the following standards
Director of Corn -
ds shall be approved by the City Council o
munity Development
ter which
es of 18 percent or grea
shall be permitted on slop Fish Creek.
are in direc
A. No dev
t the Mississippidrainage
River Bluffs or .
Director of Community Development.
Refer to map on fil wi the
i s's i s s i i River Bluffs or F
B, In area not in direct drainage to the M PP
than 40 percents
Creek, no development Shall be allowed on slopes greater
Refer to map on file with the Director of Community Development.
drainage to the Mississippi River
whether or not in direct g
sl beforeCNodevelopments
shall be permitted on land having a P '
11owBluffsorFishCreek,
unless the applicant proves the fo
ionalterat , in excess of 12 percent
in conditions are met:
material of any structure, including
1 The foundation and underlaying mat
ion and soil type•t condition
roads, shall be adequate for the slope
exist u from the .proposed
de oats controls and protections P
ores or roads being2 A g
such that there is no danger of struct .
development s her materials*
struck by falling rock, mud, upro oted trees, or ot
dan of fall ing rock, mud,
3 _The _proposed development presents no ,
1 s to structures
uprooted trees, or other mater
dowihi 11.materials _
and - osite river-
he developed slope from_ the river
The view of t
he natural appearance of th undeveloped
bank is consistent with t
earb compatible with
consistent with any historic areas n •y' din architect-slope, 8compatiblewithsurroundi
1theviewfromhistoricareas, and compa
i
oral features. To the maximum extent possible, the use of natura
management shall be preferred over
devices,- including vegetati on mana g
udin culverts, holding
the construct
iartificialdevices, i c g
i of arti
ponds, walls, and terracing. -
I r
5) All other structures other than buildings and roadway surfaces, but
including retaining walls shall meet the following design requirements:
a) retaining walls or terrace contours shall not exceed five feet
in height;
b) construct materials shall be subject to Community Desyng
Review Board approval; -
c) the minimum space in between terraces and retain walls shg11
be twenty feet.
6) Any lift stations required to service the slope development with
local sewer systems are designed in accordance with local design stand-
ards and approved by the City Engineer. The applicant shall furnish
a satisfactory arrangement or agreement by which the cost of mainten-
ance and operation of the lift stat ion are borne by those serviced
by the facility.
7) No'septic tank`' shall be placed on a slope of greater than 12 %. The
natural slope may not be altered in any way where the septic tank
system or part thereof is to be located. The drain lines shall be
located parallel to contour lines.
D. The applicant shall demonstrate that the proposed development shall be planned,
designed, constructed and maintained to avoid substantial probabilities of:
i 1) accelerated erosion
2) pollution, contamination, or siltation of water bodies, rivers and streams
3) damage to vegetation
4) injury to wildlife habitats
5) increased flood potential
6) decreased ground water recharge
E. The applicant shall demonstrate that the types and densities of land use proposed
shall be suited the site and soil conditions an shall not present a threat
to the maintenance of the groundwater quality, a potential increase in maintenance
costs of utilities, parking areas, or roads, and shall not be subject to problems
due to soil, limitations, including, but not limited to soil bearing strength,
shrink /swell potential, and excessive frost movement.
F. All _ new - structures and roads shall be placed no closer than 40 feet from a
bluf line. Exceptions shall be:
1)_ 'Public recreation facilities, scenic overlooks, public "oh ervation"
platforms, or public trail systems
2) The construction of above— ground pumping stations for sewer lines such
stations shall be screened from view from the river.
C3 Other development, when the applicant can conclusively demonstrate that
neither construction of final development will negatively impact slopes
with a grade of 18 _ percent or greater.
Development shall be accomplished only in such a manner that on -site gross
soil loss levels shall not exceed five (5) tons per acre per year during
construction, but only two (2) tons per acre per year when the site is
Adjacent to a water body or water course and 0.5 tons per acre per year
after construction activit are completed.
H. Development shall not substantially dimish the scientifft, historical,
educational, recreational or, aesthetic value of natural .=areas and unique
plant and animal species, and shall not substantially alter the reproductive
cycle of the species. '
I: "Erosion protection measures shall make maximum use of natural inplace
vegetation rather than the placing of new vegetation on site as erosion
control facilities. The use of natural erosion control devices shall
be preferred to the maximum extent over the construction of artificial
drainage devices including culverts, holding ponds, and ditches.
J. The development shall be located in such a manner as to minimize the removal
of vegetation and alteration of the natural topography.
K The applicant shall demonstrate that there are no feasible or prudent
alternatives to' cutting trees on the site: development shall be permitted
only in such a menner that the maximum number of trees shall be preserved.
No trees may be cut except those occupying the actual physical space in
which a structure, drive or roadway is to be erected. In the event that
solor collection is utilized, trees may be cut to allow sufficient sunlight
to the solar collectors if the applicant can demonstrate there are no
feasible or prudent alternatives. If trees are cut, the density of trees
shall be restored to that which existed before development, but in no
case shall the applicant be required to raise the density above to trees
per acre. The applicant shall demonstrate that all grading which takes
place will be conducted in a manner that preserves the roof zone aeration
and stability of existing trees and provides an adequate watering area
equal to at least one -half of'each tree's crown cover.
L. Development in woodlands shall not reduce the existing crown cover greater
than 50 percent and shall be conducted in such a manner that the understory
and litter is preserved.
M. Fishing in a wetland shall not exceed the excess storage and nutrient
stripping capacities of the wetland based on the ultimate projected develop -
ment'of the wetland watershed. Flood storage and nutrient stripping capac-
ities shall be calculated in accordance with Appendix B.
ITT.' Wetlands and other water bodies shall not be used as primary sediment
traps during or after construction.
The development will snot~ increase ._ the - r_ un_ off _ rate or d_ ecrease •
the _natural - _rate of absorption-.of stormwatez. _
P. The quality of water-runoff and _ water infiltrated to the w _er table or
aquifersrhall be as high after development_ as it was befo.. development
of the site. -
When f illing ii " a wetland, s minimum amount of filling may be allowed
necessary - but in no cane shall the following restrictions on total
amount of filling be exceeded. Since the total amount of filling whicb
be permitted is limited, the City of Maplewood, when considering permit -
applications, shall consider the equal apportionment of fill opportunity
to reparian land owners.
1) Total filling shall not cause the total natural flood storage capacity
of the wetland to fall below the projected volume o runoff from
the whole developed wetland- watershed generated by -,a 6 rainfall
in 24 hours. Any increase in runoff must be detained for on -site
infiltration through the soil to the water table.
2)- Total filling shall not cause the total natural nutrient stripping
capacity of the wetland to fall below the nutrient production of
the wetland watershed for its projected development.
3) Only f it free of chenical pollutants and organic wastes may be used.
R.. No part of any septic tank system shall be located closer than 150 feet from
the edge of a water body or water course unless it can be shown that no effluent
will directly or indirectly reach the water body, water course or wetland.
S. The grades of any streets shall not exceed 10 percent.
T. Any and all erosion control, stormwater runoff, utility access, and similar
structures shall be designed to be maintained, cleaned out, and otherwise
operated without requiring the crossing of private lands with or the operation
of motorized heavy maintenance vehicles and equipment, such as bulldozers,
trucks, and back —hoes on slopes in excess of 8 percent. As used in this section,
private lands includes any out —lots.
I.
U. The proposed development, both vehicular and pedestrian, shall be adequate
and consistent with local transportation and thoroughfare planning.
V. The ro osed.development shall not lessen public access to and along the river
P P
bluff, nor does it lessen public opportunity to view the river from wilthin
the corridor.
W. Development proposed along the Fish Creek Corridor shall be subject to the
provisions of the City's Flood PLain Ordinance.
X. The conduct of all grading landscaping, structure placement, and street routing
shall be consistent with and to the maximum extent in furtherance of the goals
and policies for the development of the river corridor adopted by the City
of Maplewood on March 1, 1979.
SECTION 3 SECTION 918.170 is amended to read as follows:
SE TION 918.170 GENERAL REQUIREMENTS. The guidelines set forth in 6MCAR4080 0
f orme 1 y WPC 40) shall serve as the minimum `standards and cri terit, for the design,
location, .installation, use ._and maintenance of individual sewage-,,. eatment systems.
SECTION 4. SECTIONS 918.170 (Maintenance Requirements) and .180 (Alternative
Ys stems) are renumbered to Sections 918.180 and 918.190, respectively.
SECTION 5. SECTION 1004.080 of the City Platting Code is hereby amended by
Adding a new subsection (3), to read as follows:
e) Within the legal boundaries of the City's designated Critical Area the
City Council may require dedication for public open space or scenic ease-
ment, blufflands which are 18 percent or greater in slope and which are
in • direct drainagea to the Mississippi River 8.luffs or Fish Creek. The
g
release the developer iCitcouncilmay n part or in total from a park
dedication fee in lieu of the value of the above dedicated bluff lands.
shall take effect upon its passage and _publication.SECT10N 6. This ordinance
Pas7sed by the City Council -
of the City of Maplewood,
this - 21st day of May, 1981.
Attest:
C 1 rk .
ao
Ayes — S
Nays— o
sv.
1
f
I +
jG '7116A
COMPARISON OF COSTS AND-LOTS AT VARYING LOT SIZES
Is
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00
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4 /o
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i
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TCREFE AE EN LO ED MAPS
1
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32
32
34
35
is
lilm
1
10, 000 SQUARE F00T LOT 60NCEPT
s
Date:
1 N
40
ol
1
Y
20 SQUARE FOOT LOT CONCEPT Date:
mr i z-
30 SQUARE FOOT LOT CONCEPT
r
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s
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i
40 SQUARE FOOT LOT CONCEPT
Scole .
Dote:
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SPECIAL DENSITY LOT CONCEPT
r
8coi• '
Date:
I SURVEY OF ADJACENT CITIES FOR
ENVIRONMENTAL ORDINANCES OR ZONING DISTRICTS
Woodbury:
Any wetland over one acre must be dedicated to the City. -o
other environmental ordinances or zoning districts.
Newport:
No environmental ordinances or zoning districts
St. Paul:
Critical Area ordinance
Site Plan review is requi r,-ld for slopes over 18/.
No other environmental ordinances or zoning districts
Roseville:
The City has a strict shoreland ordinance. Environmental concerns
in other areas are taken care of through the site plan review
process -- no specific ordinance or zoning district for environmental
protection.
Little Canada:
Could not get an answer
Vadnais Heights
The City requires the preservation of wetlands shown on their drain -
age plan.. yThe have no other ordinances or zoning districts for
environmental protection.
White Bear Lake:
No environmental ordinances or zoning districts
North St. Paul
A developed city
x•
k
CITY OF
MAP] EWOOD
1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESO ?A 55109
OFFICE OF COMMUNITY DEVELOPMENT 7704560
April 2, 1982
The City Council1 i s considering raising the minimum lot area for new
developments PveloventsinMaplewood, ewood, south of Lower Afton Road, from 10,000 square
to 20,000 30,000, or 40,000 square feet. The enclosed map shows the
area being studied.
The purpose of raisingaisin the minimum lot area is to create large lot
neighborhoods with more open space,that preserve the unique natural
disadvantageTeaturesofsouthMaplewood. The d e i s that it would i ncrease9
the price of new lots.
In order yrtohelptheCity Council come to a. decision, would you please
answer the following questions:
1. d 0 you favor increasing the
I
minimum lot areas i n the area on the
enclosed map? Yes L No 26
2. If you favor the ,increase what should be the minimum lot area for
your neighborhood, including your lot?
20,000 square feet
Fee
zS 30 000 s uare feet -----q
41 Z- 40,000 square feet
urn this form i n the enclosed =-Th nk you for your asst stance. Please return _
en `elope by April 16.
Very truly yours,
Ge f Olson , AI CP
Director of Community Development
jW .
s
J
319 RYAN AVENUE ST. PAUL, MN. 55102 612 • 291.9 2799
April 12, 1982
Mr. Geoff Olson
Director of Commun Development
Maplewood, Minnesota
Dear Geoff,
I would like_to express my opposition to the change of lot specifications
South of Lower Afton Road in the strongest possible terms. This proposal
is diametricly opposed to the present thrust of planning practice and is
ver y ylikel the most far reaching step that the Council could take to render
i neffective the efforts that all of us in the housing industry are making
to produce residential units that are affordable for the average American
family.
We will oppose this proposal with all of the energies at our disposal.PP P
Yo r ru ; y ,
t
E a
ertiesSchwichtenbergop
t
I
MINUTES-OF THE MPLEWOOD
HOUSING AND REDEVELOPMENT AUTHORITY
April 13, 1982
1902 EAST COUNTY ROAD B, MAPLEWOOD -
l: Call to Order
Chairman Fischer called the meeting to order at 7:30 p.m.
2. Roll Call
Lorraine Fischer
Lucille Bryant
Guy Glover
Greg Sc hmi t
Ronald Smith
8D. Rez L o" th of Lower Afton Road to RE. Geoff Olson, Director of
ommuni t Devel o meet, n ca a tat the Counci l has requested the PlanningyP
CoCommission to consider the potential of estate lot zoning in the southern por
of the City. Council persons Mai da and Juker were in attendance.
s askingStaff • n for further direction from the Council as to whether the intent
f this request i s to protect the unique environmental characteri of this
9 P
area or to create el neighborhoods. The membership was opposed to the
f largea l districts for the primary purpose of creaestablishmentogPY elite
neighborhoods. The preferred approach is an environmental overlay di
w pwhichwould reserve natural features without arbitrarily increasing the cost
of housing.
Chairman Fischer motioned and Commissioner Schmit seconded to direct staff to
Prep Pareanenvironmentalprotection ordina that would protect the specific
natura features recommended i n the staff report. It i s felt the other al ter -
na
housing costs , twhi 1 e providing a lesser degree ofnativeswouldonlyaddtog _ __
rotection for the environment. •
was absent:otion carried unanimously. Commissioner Glover _
r
D. RE District in the South Leg
said the City Council requested the Planning CommissionSecretaryOlsony4.
prepare reportort of the property south of Lower Afton Road t -hot could bereare •
considered for RE districts. Staff is recommending an environmental
protection ordinance be prepared that would protect the specific natural
features as outlined in their report.
r proposedrctoreviewed lot layouts for property andPublicWorksDirector _
with
p P
the costs that would be involved with the various improvements for the
property.Approximately 40 acres of land were used in the development..PP
He gave the costs per lot for the various sized lots.
Commissioner Fischer said the HRA indicated they wished to have the
the leg of the City blit also thoughout the Ci tyfoalappliednotonlyingy
where appropriate.
Chairman P rew asked if there was anyone present who wished to comment
on the proposal.
Kurt Schwi chtenberg, 314 Ryan ' Avenue, owner of property on Linwood
Avenue. He did not think the RE zoning would apply to his property.
The Commission has approved a RLE zoning for his property, however the
plat was not approved because the utilities were not planned for the
complete parcel. Because of costs involved for the improvements, they
have to replan the townhouse area.
The Commission discussed with Secretary Olson how an environmental
protection ordinance would be enforced and what would be included in
the ordinance.
The Commission questioned how many large lots have been divided and
developed and also what type of development is presently under construction
in the southern leg.
Staff indicated that the majority of development has been townhouse
type development. r '
The Commission indicated they thought an environmental protection ordinance
could be applied throughout the They also said some indication shoul d
be made on zoning/planning maps to inform people of this ordinance when
they are requesting information on property with the intent to purchase i t.
Commissioner Pel l i sh moved the City Council : , di rest; staff to
re are an environmental protection . ordi nance for entire City that woul d
protect the' s eci fi c natural features recommended in staff's eDort da ed
A ri 1 9, 1982
Commissioner Barrett seconded Ayes - Commissioners Barrett, Fischer,
Howard, Pell i sh, Prew, S1 etten, Whitcomb.
TO
FROM:
SUBJECT:
DATE •
9
City Manager
Director of Community Development
Plan Update
April 23, 1982
Re
T _
La C ....... ..Y... W _.... .
Approval of the Maplewood Comprehensive Plan Update. to . (This ' p update includestheBartonAschmanTransportationStudyandthe1980SewerPlan.)
Past Actions ( See enclosed resolutions and minutes.
4-6-81: The Planning Commission approved the Plan Update.
8 -6 -81 : Council accepted the Plan Update with several amendments.
10-15-8l.- Council accepted several more additions,
2- .11 -82: The Metropolitan Council approved the Plan.
March -April 1982: The Planning Commission held hearingss 'g and made the followingamendmentstothePlan, (Land use designations are defined on pages 18 -28 to
18.32 ):
1. Cope Avenue park site: P to RL (p. 19 -15 )
2. Revisions to the trail map: (p. 15 -10)
3. Hill crest Development property: RM to RL on the northerly portion .19 -19p )
4. White Bear Avenue, Larpenteur Avenue to Frost Avenue: LSC to RL and RB (p .19-17)
5. Ryan Equipment property (White Bear Ave.).: OS to BW (p.19 -15)
6. Omit a minor collector east of Afton Heights Park ( 19 -23)
7. Amend the acreage charts to reflect changes in the land use maps. (p.19 -3)
Comments
Council is required by State law to adopt the Plan by November 11, 1982. No
further hearings are required. Council may adopt the Plan now, make revisions
a hearing should then be held) , or schedule a work session with the PlanningCommission.
Toe' green pages in the Plan Update are those with changes since-the joint meetinggmetangwiththePlanningCommii1980.
Recommendation
When Council is ready to approve the Comprehensive Plan Update, I recommend
adoption of the enclosed resolution (attachment one).
mb
Enclosures
1 Oesolution.
2. April 6, 1981 Resolution
3.. August 6, 1981 Minutes
4. October 15, 1981 Resolution
5. Letter from Met Council
2
Attachment One
RESOLUTION APPROVING THE COMPREHENSIVE
PLAN UPDATE.
WHEREAS, the Metropolitan Land Planning Act, Minnesota Statutes Section
473.851- 473.872, requires that the City of Maplewood prepare anni submit a
comprehensive plan to the Metropolitan Council ; and
s
WHEREAS, the Planning Commission approved the Plan pUpdateonA ri l 6 1981 ;andP
WHEREAS, the Pl anni ng Commission approved amendments on Jury 20, September 21,
and October 5, 1981; and
WHEREAS, the Planning Commission approved further . amendments on March 15, s
April 5 and April 19, 1982; and
WHEREAS, the Metropol i tan Council reviewed the Plan on February 1 1982 • andy ,
WHEREAS, all requirements of the Metropolitan Land Pl,anni ng Act have been
met;
NOW, THEREFORE, does the City Council approve the Comprehensive Plan Update
as amended, including the 1979 Barton Aschman Study and the 1980 Sewer Plan.
Adopted this day of 1982.
Mayo r
ATTEST:
Clerk
SEAL)
RESOLUTION ADOPTINGNG THE COMPREHENSIyF PLAN UPDATE BY THE PLANNING COplr, I S S I Oh'
WHEREAS, the Metropol i tan Land Pl anni n.. Act re
l a qui 1 oval governmentaplansandsubmitthem9menta uni
to prepare comprehensiv
review; and to the Metropolitan.Counci for
WHEREAS, - these - Plans en "t tl ed Ci of-MaplewoodCDrehensiveSewerP7anrepresent Comprehensive Pltheresponseto
an andto the requiremen ts o.f._the the Cit ofMetropMetropolitanLandPlanni 'Maplewood1ann Act; andWHEREAS, four neighborhoo .Public hea ri n snotice; wece; and 9 held with re ui.redq legal
WHEREAS, these Plans were Sent to all adjacent orfor _review and comment o affected jurisdictionsnOctober21, 1980.
Be it hereby resolved by the Maplewo •of the riapl ewood Com reh Pl ann ng Commi ss io -P ens 4 Ye Plan, including
n tha t the updatethebeadoptedwithallapprovedamendments, Sewer Plan
Adopted by the MaplewoodewPood Planning Commission •on th s 6th day of April.,1981.
Attested by:
Geoff 01 s on Secretary
Lester Axdahl, Chairman
3. Plan Update Review , ,
2 (
a. Manager Evans presented the staff report,
w b. Mayor Greavu introduced the followin resolug tion and moved its adoption:
81 -- 8 — 166
WHEREAS, the Metropolitan Land Planning Act requires ltocal overnmg entalunitstopreparecomprehensiveplansandsubmitthemtoth]e Metro oli • lforreview; and p tan Council
WHEREAS, - the Metropolitan Council has requested additionalqitlonal informationforthePlanUpdate; and
WHEREAS, these additions were adopted b the Ci of Maplewoodyy PlanningCommissiononJuly20, 1981, following a public hearing ith r Igqlegalnotice; and
WHEREAS, these additions were considered and accepted, but not adoptedbytheCityCouncilonAugust6, 1981; '
NOW, THEREFORE, does the City Council accept and the Planning CommissionssionadoptthefollowingadditionstotheComprehensivePlanUpdate:
10 Pages -41 -53 of the Planning Inventory, prepared b Midwest PlannngandResearch.
2. The information on wastewater flow projections in the June 29 1981memorandumfromEdwinA. Smith of Toltz, King, Duvall, Anderson and
Associates, Inc.
3. A number 6 is added to page 32 of the Sewer Plan as follows: 116. Requirepercolationtestsandsoilboringsbeforeissuingpermits."
40 "The City will comply with Mn /DOT rules concerning obstructionsgstructions toairnavigation."
5. "The Maplewood Transportation Plan, done by Barton- Aschman in 1979isadoptedaspartoftheP1an,Update, except that thee Plan Updateshallapplywhereveraconflictoccursbetweenthetwo."
In addition, the Director of Community Development is authorized and directedtosubmitthecommentsinhismemorandumofJuly7, 1981 and the' additionstothePlanUpdatetotheChairmanoftheMetropolitanCouncilforreview underSection473.175 of the Metropolitan-Land Planning Act.
Seconded by Councilman Bastian. Ayes — all.
Councilman Bastian moved to suspend the Rules of Procedures and ex 'tend the meetingpastthestateddeadline.
Seconded by Councilperson Juker. A _Ayes all._
Resolution Pertaining to Additions to the Plan Update
WHEREAS, the Metropolitan Land ' P1 anni ng Act requires 1 ocal 9 overnmentalunitstopreparecomprehensiveplansandsubmitthemtothetroo '
Or review; and p 1 i tan Counci 1
WHEREAS, the Metropolitan Council has requested additi ona4 information forthePlanUpdate, and
WHEREAS, these additions were adopted b the Citypyy of Maplewood PlanningCommissiononSeptember21andOctober5, 1981 following a public hearing9withrequiredlegalnotice; and
NOW, THEREFORE, does the City Council accept and the Planning Commission
adopt the followingping adds ti ons to the Comprehensive Plan Update:
1. -Del eti on of the I -494 and Century Avenue interchange,
2. Amending the Maplewood Heights Neighborhood Plan to designatetheareabetweenLydiaAvenue, Woodlynn Avenue, and Ariel
Street for Rm, Residential Medium use.
3. Establish a 1985 and 1990 phasing plan.
Adopted by the City Council this 15th day of October, 1981.
J n Greavue , Mayor Lester Axdahl , Chairman
Planning Commission
Attest:Attest:
y / 000, /
r V
Lucille Aurel i us, City Clerk GeoffI son, AICP
Direc or of Community Development
itaa
0 0
February 22, 1982 0 .
Geoff of son Director
Community Development
Ci of Map 30D Metro Square Building
Saint Paul, Minnesota 551011-3 80 Frost Ave Telephone 612
MN 55109 p /
Maplewood,
291- 8359
RE: City of Maplewood
Comprehensi Plan Review
Metropolitan Council Referr F i l e No. 8585 -
Dear Mr. Olson:
At its meeting on February 11, 1982, the Metropol i tan Council considered the
Maplewood Comprehensive Plan. This consideration was based on a report of the
Physical Development Committee, Referral Report No. 81 -247. A copy of this
report, which was adopted as presented, is attached.
The Council adopted Resolution No. 82 -34 which provides for adoption of this
report and the recommendations contained on pages 15 and 16 of the report.
These recommendations are as follows:
That the Ci of Maplewood be advised that:
A. This report constitutes the C o u n c i l ' s official review required under
the Metropol Land Planning Act (MLPA),
B. No Plan modifications are required pursuant to Minn. Statutes Sec.
473.175, Subd. 5.
C. The Plan is in conformance with metropolitan system plans for
transportation, parks, and airports, and sewers.
D. Maplewood should provide planned growth data for the eight sewer
service districts served by constrained flow facilities. This data
should be a part of their CS P and shoul include location and timing
of all local lateral and trunk sewers and projected volume of sewage
flow on an annual basis for at least the eight constrained sewer
service areas. Concerns of neighboring cities are to be addressed in
the CS P . On extent i ons of sewer service in a approved CS P will be
allowed in the eight constrained sewer service areas. Maplewood
should address the concerns of the MWCC letter of November 3, 1981 at
the time the CSP is submitted for approval,
The above information may be provi as a Comprehens-ive Plan
amendment at a later date if such information is not available today.
F. Comments provided by other jurisdictions are attached. The City of
St. Paul has raised some concerns about inter- comman i ty flows which
are addressed in the sewer sections of this review.
An Agency Created to Coordinate the Planning and Development of the 71win Cities Metropolitan Area Comprising:
Anoka County O Carver County O Dakota County O Hennepin County O Ramsey County O Scott County O Washington County
An Equal Opportunity Employer
0 it all
4o
cv -c
Geoff Olson, Director
February 22, 1982
Pang a Two
300 Metro Square Building
Saint Paul, Minnesota 55101
Telephone 612 /291- 6359
F. The Plan relates to other chapters of the Metropol Development
Guide chapters as follows:
1. Metropolitan Development Framework
a. The Plan's forecast for population, households and employment
are consistent with Development Framework forecasts.
b. The Plan's land use designations and land demand, estimates
are consistent with the policies applicable to an area of
planned urbanization.
c. The Plan does not show the timing and staging of land uses
expected to develop by 1990. The City should closely monitor
land development in those areas with both sewer constraints
and high development projections and provide land use timing
and staging consistent with regional plans either in plan
amendments or in the City's Comprehensive Sewer Plan.
2. Investment Framework
a. The capital improvement programs are in conformance with the
definition of a capital improvement program in MS A 473.852,
S 4. except that estimated amounts should be
included for each year and for each revenue source for
street, sanitary sewer and storm sewer improvements, and
information on the need and the financial impact should be
included for all projects
b. To improve the capital improvement program, the City should
add a schedule of annual principal and interest payments
necessary to retire the outstanding indebtedness in future
plan revisions.
c. At such time as the City amends its capital improvement
p ro ( at least biennially), it should send = copy to the9ram
Metropolitan Counci for - review and comment as required in
Minnesota Statutes 473.852, Subd. 4.
3. The Plan is consistent with the Housing chapter of the MDG and
the Counci Environmental Protection plans and policies. Any
new' ordinances should be submitted pursuant to MS 273.206 to the
Council for review prior to final adoption.
Am Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising:
Anoka County O Carver County O Dakota County O Hennepin County b Ramsey County O Scott County O Washington County
An Equal Opportunity Employer
An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising:
Anoka County O Carver County O Dakota County O Hennepin County O Ramsey County O Scott County O Washington County
An Equal Opportunity Employer
0 a
Qo
4
a c
WLLI) ".
Geoff Olson, Director 7
February 22, 1982
Page Three
308 Metro Square Building
Saint Paul, Minnesota 55.101
Telephone 612/291- 6359
The Land Planning Act requir that the City of Maplewood adopt its
Comprehensive Plan within nine months of the completi of the Metropolitan
C o u n c i l ' s review of the Plan. The Counc should be formal advised when such
action has occurred. If there are substantial changes made in the Plan before
adoption, please note these when you notify the Council of the Plan's adoption*
Sincerely,
METROPOLITAN COUNCIL
Charles R. Weaver
Chairman
CRW:vv
Attachment
cc: Barry Evans, Manager, City of Maplewood
Affected School Districts
Adjacent Communities
Ramsey and Washington Counties
Ray Odde, Metropolitan Waste Control Commission
Fred Tanner, Regional Coordi Mn /DOT
Mary Youl e, CPD Representative, HUD
Romi Slowiak, Metropolitan Council Staff
An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising:
Anoka County O Carver County O Dakota County O Hennepin County O Ramsey County O Scott County O Washington County
An Equal Opportunity Employer
C. Cope Avenue Park Site (P to Fin)
Secretary Olson read the. notice of public hearing. The request is
to revise the Plan Update to Rm. Associate Planner Johnson discussed
the proposal with the Commission.
John Kavanagh, owner, requested approval of the change to Rm.
Chairman Axdahl asked if there was anyone e l s e present who wis hed
to comment.
David O'Connor, 1575 E. Sandhurst Drive, questioned why the Ci ty
would not purchase the property at the price requested by the owner.
Public Works Director Haider said the property went through the
condemnation procedure, the price the Courts decided was more than
the City's appraisal was. The City, therefore, felt they could not
afford to purchase the property. The condemnation proceedings were
dropped.
Mr. O'Connor asked if there was another plan for a park in the
area to trade off the density.
Secretary Olson showed the City Park Plan to Mr. O'Connor,
Amos Haynes, 1625 E. County Road B, said he had a problem with drainage
for quite some time before it was corrected. He asked if there would be
high density structures constructed on the property if it is designated
to Rm. He also questioned if the development would cause additional
drainage problems for the neighborhood.
Secretary Olson explained what type of units are permitted in an area
designated Rm. Public Works Director Haider said the City has an overall
drainage plan for the City. There could be the p o s s i b i l i ty of a storm sewer
project as a result of complete development of the site.
Mr: O'Connor said when there is a heavy rain there is a water problem.
The following indicated - the would rather have the property remain as
open space_, .also questioned what was proposed for development on the
property, commented on. the drainage pattern in the neighborhood:
Mark Si gmundi k, 1613 Sandhurst
Joe Timmer, 1621 Sandhurst
Jim Wal strand, 1611 E. Sandhurst
Joe Whenni s, 1581 E: Sandhurst
Daryle Frear, 2255 Hazelwood
Steve Elias, 1467 Lark - - -_ - - -
Betty Smith, 2279 Hazelwood - -
Dennis Petersen, 1480 Lark
Patricia Crescent, 2209 Kennard
Charles Boyles, 1445 Lark
Paul Peltier, 1536 Lark -
Cary Fruth, 1453 Lark
Myrtle Hughes, 1546 Laurie
3 3 -15 -82
s
M ,
Jim Perrier, 1510. Cope
Betty Schmidt, 2239 Hazelwood
Philip James, Hazelwood and CopeP
George Moore, 2194 Hazelwood
Mrs. John Davis, 2210 Hazelwood -
Chairman Axdahl closed the public hearing portion of the meeting,9 P
r s
The Commission discussed the alternative uses suggested by the
neighborhood residents for the property.
Commissioner Kishel moved the Planning ommission recommend t9 o the
City Council that the site in question be redesignated for an Rm use
based on the recommendation of the City Attorney as it relates to the
litigation on the pro ertPy
Commissioner Pel l i s h seconded
The Commission reviewed the history y desastowtheRmdesina ' on was
appliedied to the property in the original Comprehensive Plan. Some of the
Commission members indicated what Land Use designation they would preferratherthanRm.
Commissioner Fischer moved the Planning Commission table this item
to obtain additional information on the litigationtiation and a opinion9n from
the Parks Commissionon regarding a partial park as opposed to a total
park in the area and also how close the Ci t was with theiry offer for
purchasing the property.
Commissioner Whitcomb seconded Ayes - Commissioners Axdahl
Barrett, Ellefson, Fischer, Howard, Pell ash, Prew, Sletten, Whitcomb.
Abstained - Commissioner Ki shel
A. Plan Amendment (continued): Cope Avenue Park Site
P
Associate Planner Johnson reviewed the proposal with the Commission,
Staff is recommending designating the property to RL, Residential Lower
Density.
i
Chairman Prew ask for comments from any interested P arti es .
John Kavanagh reviewed some of the history regardingn ki ro ert and99propertyy
the request. He reviewed the .letter he had forwarded to =the Planning
Commission dated February 7, 1981 which requested no change in the. Land
t Ilse designation for the property. He said there have been a nu of
changes made for the property in the Land Use designation... He thought
economics should be considered when making a land use desi gnat' ion on
property. as it would not be feasible to construct s.i ngl e - fami l y homes
on the property. He requests the property be redesignated Rm.
David O'Connor, 1575 E. Sandhurst, felt that multiple development
would cause additional traffic. There will be additional traffic with
the townhouse project presently under construction in the area. He
did not think there was sufficient park land in the area now. He wished
to have the property remain as park land,
Resident, 1510 Cope Avenue, indicated he was in favor of Low Density,
Chairman Prew closed the public hearing.
The Commiss questioned if this would be an area where a PUD could
be used in an RL area to preserve some of the natural features of the
property.
Secretary Olson said it could be possible to use a PUD to preserve
some of the open area around the pond as requested by some of the
surrounding property owners,
The Commission reviewed the land use designations of the surrounding
property in the neighborhood,
Commissioner Barrett moved the Planninq Commission recommend to the
City Council r d si nation of Blocks 8 9 and 10 of Smith and Ta for
Addition to North St. Paul from Park and Rm, Residential Medium Densit
to RL, Residential Lower Density
Commissioner Whitcomb seconded Ayes - Commissioners Barrett,
Whitcomb, Pel l i sh, Prew, Fischer Nays - Commissioners Howard, S1 etten
Motion a -M ion c rres 5 2
HLAKI NUS
A. Revisions to the Trail Ma ( Park and Recreati Commission )P
Parks Commissionon i s requestingn a revisi to thTheParq9 e trail map in the .
Plan Update, Staff's recommendation is included in their report.
S
k':
T
1
3 -15.82
Dean Sherburne, Parks and Recreation Commission, 1078 Marni a Street,
said the Commission ' sion has no problem with the two changes proposed. They have
also proposed an off street trail down Hi ghwood from the street in the
proposed Leonard's oak Hills Addition.
moved the PlanningnCornmiss oner Pel l i sh 9 Commission recommend approval
of the Parks and Recreation Commission trai map proposal with the following
changes.
1. omit the east - west trail between Kohl man Lake and Highway 61.
off - street bike path at the northwest corner o
2. Realign the proposed offs fp
Larpente ur Avenue and Sterling Street to run north of the pond and inter -
sect with Sterlingterlin Street. Also, there should be a north - south trail
added Pdddwhichwouldprovide a l i n k between Maplewood Junior H i g h School
and Larpenteur Avenue.
3. An off street trail to be designated from proposed Leonard's oak
Hills addition , down H i ghwood .
Commi Barrett seconded Ayes Commissioners Axdahl , Barrett,
E11 efson, Fischer,Howard, Ki shel , Pel l i sh, Prew, S1 etten, Whitcomb.
D Property (Rm to RL) o ment ProB . H 11 crest D p P
notice of ubl i c hearing. Associate _P1 annerSecretaryOlsonreadthep
he nest i s to change- the - land use designation to RL,Johnson said t request
Residential Lower Density.
m
Secretaryreta Olson read a letter received f rom the Mayor of the City of
relativeative to the proposed change.St. Paul e P P
Geoff Y -ff Jar e attorney representing Hi crest Development, reviewed
ous discussion with the P1 anni ng Commi and the history of
the previ
rt One of the reasons they object to the decrease in densitheproperty
rt i s that property in the neighborhood has been changed.
on the propertyy P P
from RL to Rm to permit higher density on that property. They feel a
corriprom sei between the R-3 zoning ,which was originally on the property,
and RLisRm.
The Commission and Secret a ry Olson discussed the land use designations
undi n ro ert , the zoning of the property and also what the
for the surrounding p P Y .
c was designated for in the 1973 Comprehensive Plan.
pr 9
with Mr. Jar the previous developmentTheCommissiondiscussedPe
osal s - -.zoni n and land use designations for-the property.prop 9
i stoner Prew moved the Planning -Commission recommend changingComms
Land Use Plan designation for parcel . - 3 to RL, parcels 1 and _2 to
the Lan 9 -- _-
be - Rm.
Pellish seconded Ayes - Commissioners Axdahl, Barrett,
Commissioneroner
El 1 efson, F i scher Howard, Ki shel , Pellish, Prew, Sl etten, Whitcomb
2
3 -15 -82
A. Plan Amendment - White Bear Avenue (Larpenteur to Frost )
Secretary Olson read the notice of public hea It is proposed
to amend t 'he Comprehensive Plan to change the land use designation from
LSC to RL. Staff is recommending changing to RB, Residential Business,
Chairman Axdahl asked if there was anyone present who wished to comment
regarding the proposed change.
Paul Holt, 1895 Whi Bear Avenue, asked when the
ed to LS C.P operty waschangedC•
Secretary Olson explained the difference between zoni rr9 a nd LandUsedesignations,
Mr. Holt said the would likeke t a •y o have the area remain residentdent al
Erin Martin, 1865 White Bear Avenue, also wished the rp ope rty toremainresidential. . They do not wish an office building . 9 next to them.
Mrs. Donley 1834 Flandrau also requested t -
resi 9 he property remai
Walter Pehoski , 1772 Flandrau, said if the property i s t
rn residential
P y o bebothcommercialalandresidentealitwouldpresentmorePr.obl ems forthepeoplelivionF1andrau.
Harry Johnson, 1717 White Bear Avenue, asked who initiated theproposedchange.
The Commission explained the procedure in establishing the hearing,n g.
Mr. Johnson said he is in favor of the proposed 9changeto o morecommercia
Mr. Donley, 1834 Flandrau, would 1 i-ke the property residential,He thought a survey of Flandrau residents should also be taken.
Larry Bothwell, 1922 Flandrau, he thought it is best to use a
street as a dividing l i n e between commercial and residential ratherthatatmidblock. Commercial develo would add more traffiis
to White Bear Avenue and also Frost and Larpenteur.
Mr. Johnson, 1726 Flandrau, not in favor of any commerc use oftheproperty. Thought commercial development would result in trashintheyards, additional traffic and so forth.
Mr. Bothwell said he thought the worst alternative would be to
have a mixture of commercial and residenti
Margaret Wal z, 1644 Flandrau, would rather have the area stayresidential.
Mike Carver, 1733 White Bear Avenue, indicated hew u0 1-d rather
have commercial building next to him than the rental ro erg which
is now there.P p y ,
Mr. Klein, 1741 E. Larpenteur Avenue, opposed to any chan a wants
residential. He also r
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presented a letter from the property owner of
1702 Flandrau who wished the property to 'remain residential,
Mr,,.Creczyba, 1812 Flandrau, wished the ro ert to re
resi deo ti al .
P P y a n
Mrs. Greczyba, 1812 F1 andrau, wished the property to remain residential .
She suggested the notice to property owners should be more descriptive.
Mr. Johnson, 1726 F1 andrau said they were not surveyed as to the
proposed change.
Councilman Anderson commented on the proposed Plan Ame- ndment and the
reason for requesting the Planning Commission to review the Land use
designation for this area of White Bear Avenue. He i ndi cated he had
surveyed the property owners three times. Each time the re nest for
residential use has been less.
Beverly Gustafson, her parents l i v e a:t 1753 White Bear Avenue, they
wish the property to remain residential,
Chairman Axdahl closed the public hearing portion of the meeting.
The Commission discussed the uses permitted in the RB district and
also where the Comprehensive Plan recommends transition from one type
of land use to another.
The Commission discussed with Staff the advantages and disadvantages
in using the Business Residential designation and what type of residential
uses would be permitted. They also reviewed the history of the various
zone changes proposed.
Comi ssi oner Barrett d the P1 anni nq Commission recommend
to they amend the Land Use Plan from LSC Limited
ervice Commercial to RL, Residential Lower Density for the are
1 west of White Bear Avenue between Frost and Lar enteur Avenues
based on the following
1. Preserve the existing single dwelling character of these properties
and those abutting to the west.
2. Reduce the potential for median being installed along White Bear
Avenue.
3. The storm sewer system in White Bear Avenue is inadequate for
further commercial development
4. Allowing individual commercial driveways, without median control,
would cause unacceptable traffic conflicts
5. The above traffic conflicts would further increase with the
higher anticipated volume of commercial traffic.
Commissioner Fischer seconded
Commissioner Ki shel and Prew indicated they believed the-property would
eventually be' developed as commercial, it may take 5 to 10 years. The
change will result from a zone change request. They also commented on
the purpose of a Comprehensive Plan .
Voting on the motion:
Prew, Whitcomb, Axdahl
Ki shel ,Pel 1 i sh, Howard
Motion fails for lack of majorit
Ayes - Commissioners Barrett, Fischer,
Nays - Commissioners El l efson, Hejny,
z
4 -5 -82
The Commissioners commented on what type of land use des i nafeltwasappropriateandthe.r 9 ton theyeasonswhy.
Commissioner Ki s hel moved theCit P1 ann1 n Comma ss ion recommenCouncilthatthelandalongWhid to htoBearAvenuefromFrostAvenueAvenueonthewestsidebede toLarenteur
for the reason that they
S na to Res i denti a 1 Bus Hess . RBesamixreofneeand 'Council an o ortuni t to co wi ve the Ci tns der than es that wi 1 i slow -take lace.
Commissioner Ellefson seconded =
Commissioner drew mendment to have tdanahelarenteurAvenuenorthto182 ro ert fromgW'hi to Bear Avenue be dBtroertfrom183 es Hate as
b 1 ,White Bear Avenue north tedesignatedPl - _ o Frost Avenue
Commissioner Fischer seconded Ayes - Comm ss i overEllefson, Fischer., . He j n How r
s Axdahl , Barrett,y, a d, Ki steel , Pe] 1 i sh , Prew, Wh
Voting _on the motion -n as amenued. Ayes - Cor.mi ss i onersEllefson, Fischer, Hein Ho a Axdahl, Barret,y, w rd, Ki s hel , Pel 1 i sh Pre w, w, Whi tcomb
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Chairman Axdahl closed the public hearing portion of the meeting.
The Commission asked if there was a proposal in the drainage plan to
have any of this property become public drainage.
Director Haider sand no, there is no need for addi ti onaT drainage if
the property remains open space. Pondi n* g would be reviewed -aPPY t the time
of the site review of any proposed development.
Commission indicated 'that one consi derati on in leaving the property
designated P ennatedas0 Space would be an indication to a potential developerP
that some kind of special conditions exist at the site, therefore,
requiringrin special designs during development planning.Q 9
Commi.ss ioner Prew moved the Planning Commi si n re nd o t
D. -ty - 1andl _ r dp a t the enti re R a E i me f M....
S ace and Limited Service Commercialal to BW Business War ousi
Commissionerioner Kishel seconded Ayes - Commissioners Axdahl, Barrett.,
E l l efson , Fischer, }fie jnY , }coward, Kishel , Pel 1 i sh, P rew, -Whitcomb.
D. Omit a Minor Collector East of Afton Heights Park
Secretary Olson read the .notice of public hearing. It is proposed
to eliminate the minor collector street designation. lying west of Century
Avenue and north of Upper Afton Road. Associate Planner Johnson further
explained the proposal,
Chairman Axdahl asked if there was anyone present who wished to
comment on the proposal.
Commissioner Pel 1 i sh moved the P1 anni n Commission recemrnend to remove9
the minor collector designation from Sterling Street Mayer Lane and
h i l l1l Road, lying in the neighborhood west of Century Avenue and north
of . Upper Af ton Road.
Commissioner Fischer seconded Ayes - Commissioners Axdahl ,
Barrett, El l efson, Fischer, Howard, Ki shel , Pel l i sh, Prew, S1 etten, Whitcomb
4 3 -15 -82
C. Plan Amendment - Acreage Chart
Secretary lson read the notice of public hearing. The proposaly
is to update the land use acreage chart. Staff is recommending t hat
this item be tabled until April 19 until action is taken on the Cope
Avenue Park Site.
Commissioner Barrett moved the Pl anni n Comm' ab •IeM__._
unti l A ri 1 194 -
Commissioner El l efson seconded Ayes - Commissioners A -cdahl , Barrett,
El lefson, Fischer, He j ny, Howard, Ki she l , Pel l i sh, Prew, Whitcomb
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B. Plan Amendment (continued): Acreage Chart
Associate Planner Johnson said staff has reviewedv ew ed the Plan amendmentsentsandrevisedtheacreagechartasshownintheirreport.
p
Commissioner Sl etten ni n CommTission recordmend the Ci t
a _ 15taff revise the acreag chart to include t -e 3 2 81 throw 5 2
s the redesi_ nati on of. the Coe Avp e ue rk St
d _
Commissioner Fischer seconded Ayes - Co -y mm ss i one rs Barrett, FHoward, Pellish, Prew, Sletten, Whitcomb
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