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HomeMy WebLinkAbout1982 07-12 City Council PacketAGENDA Maplewood City Council 7:00 P.M., Monday, July 12, 1982 Municipal Administration Building Meeting 82 -16 A) CALL TO ORDER B) ROLL CALL C) APPROVAL OF MINUTES 1. Minutes 82 -15 (June 28, 192) D) APPROVAL OF AGENDA E) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and w i l l be enacted by one motion in for form listed below. There w i l l be no separate discussion on these items. I f discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 1. Accounts Payable 2, Establish Hearing Date - Revenue Note - Emerald Inn 3. Final Approval - Revenue Note - St. Paul Business, 35E & Roselawn F) PUBLIC HEARINGS 1. On -Sale Liquor License - The Brothers -In -Law (7:00) 2. Small Kennel License - Patrick C. Rossbach (7:15) G) _ AWARD OF BIDS None H) UNFINISHED BUSINESS 1. Roof Sign: ICO Station 2. Specialpal Exception: 1770 Onacrest Drive (Beran) .. 3.Code Amendment: Minimum House Width & Foundation (2nd Reading) 4. Code Amendment: Metal Buildings (2nd Reading )___ 5. Code Amendment: Board of Adjustments and Appeals (2nd Reading) 6. The Del ory Co. Request V db I C I 1 r V V 1 1 1 I 1 i / 1\ . J)NEW BUSINESS 1.1 Radio Repeater Equipment 2. Forfeiture of Bond - Bodel l 's Liquors 30 Lot Survey Policy 4. Moratorium on House Moving 5. MiNDOT Beam Avenue Agreement K)COUNCIL PRESENTATIONS 1. 2. 3. 4 tik S 50 6. 7. 8. 9 100 M)ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, June 28, 1982 Council Chambers, Municipal Building. Meeting No. 82 -15 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, and was called to order at 7 :03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. D. E. APPROVAL OF MINUTES 1. Minutes No. 82 -12 (May 20, 1982) Councilmember Anderson move that the Minutes of Meeting No. 82 -12 (Ma 20, 198 be approved as submitted. _ Seconded by Councilmember Bastian. Ayes — Councilmembers Anderson, Bastian, Juker and Maida. Mayor Greavu abstained. 2. Minutes No. 82 -13 (June 14, 1982) Councilmember Anderson moved that the — Minut of Meeting No. 82 -13 (June — 14, - 1982) be approved as submitted. Seconded by Councilmember Bastian. Ayes — all. 3. Minutes No. 82 -14 (June 17, 1982) Councilmember Bastian moved that the Minutes of Meeting No. 82-14 (June 17, 1982 be approved as submitted. Seconded by Councilmember Maida. APPROVAL OF AGENDA Mayor Greavu moved to approve the 1. City Sign Vandalism 2. A.M.M. 3. Down Zoning Seconded by Councilmember Bastian. CONSENT AGENDA Ayes — all. da as amended: Ayes — all. 1 —6/28 Councilmember Maida moved, seconded by Mayor Greavu, Ayes all, to approve the Conse Age Item 1 thr 4 as re —^ 1. Accounts Payable Approved the accounts (Part I — Fees, Services, Expenses — Check No. 000537 through Check No. 000595 — $238,506.37; Check No. 013405 through Check No. 013567 — $266,103.35: Part II — Payroll Check No. 04158 through Check No. 04283 — $55,299.57) in the amount of $559,909.29. 2. Used Car License (McDaniels) Approved a Used Car Lot License for Maplewood Toyota at 2873 No. Maplewood Drive. 3. Easement Acquisition T.H. 61 Approved the payment of $13,600.00 for perpetual and temporary construction easements for Project 80 -10 to Patrick W. and Donna M. Goff owners of Outlot A,Goff's Maplewood Addition: Permanent 29,340 SF @ $.40 /SF — $11,736.00 Temporary 19,560 SF @ $.095 /SF 1,864.00 13,600.00 4. 1982 Assessment Hearings 1. Improvement 81 -6 Shade Tree Disease Control Program a. Resolution No. 82 -6 -66 WHEREAS, the City Clerk and City Engineer have presented the final figures for Project 81 -6 Shade Tree Disease Control Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall . file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -67 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for Project No. 81 -6 Shade Tree Disease Control Program and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the 2 — 6/28 proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 2. Tmprovement.79 -4 English Street Improvements South of County Road.0 a. Resolution No. 82 -6 -68 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 79 -4 English Street Improvements South of County Road C; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -69 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 79 -4 English Street Improvements south of County Road C and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk,and that written or oral objections will be considered. 3. Improvement 78 -20 Brookveiw Drive Storm Sewer a. Resolution No. 82 -6 -70 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 78 -20 Brookview Drive Storm Sewer; 3 — 6/28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -71 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 78 -20 Brookview Drive Storm Sewer and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. - 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 4. Improvement 78 -24 Beam Avenue West of T.H. 61 a. Resolution No. 82 -6 -72 WHEREAS,. the City Clerk and City Engineer have presented the final figures for the improvement 78-24 Beam Avenue west of T.H. 61; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against .every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -73 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 78 -24 Beam Avenue west of T.H. 61 and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 4 — 6/28 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 7:45 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 5. Improvement 78 -9 East Shore Drive Water Improvement a. Resolution No. 82 -6 -74 WHEREAS, the City Clerk and City engineer have presented the final figures for the improvement 78 -9 East Shore Drive Water Improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to spec — ially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment.in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Resolution No. 82 -6 -75 - WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No.. 78 -9 Water Improvements, East Shore Drive and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 8:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 5 — 6/28 6. Improvement 8 -14 Keller Parkway Sanitary Sewer a. Resolution No. 82 -6 -76 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 80 -14 Keller Parkway Sanitary Sewer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -77 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 80 -14 Keller Parkway Sanitary Sewer and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 8:15 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 7. Improvement 79 -15 Southlawn Radatz Improvements a. Resolution No. 82 -6 -78 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 79 -15 Southlawn -- Radatz Improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. 6 — 6/28 b. Resolution No. 82 -6 -79 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 79 -15 Southlawn -- Radatz Improve— ments and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 8:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, . the area proposed - to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. F. PUBLIC HEARINGS 1. Adolphus Street Assessments 7 :00 P.M. Continuation a. Director of Public Works Ken Haider stated this hearing . had been continued from June 17, 1982 to obtain more information pertaining to the 1/2 to 1 unit ratio being charged 1/2 unit for each apartment dwelling compared to 1 unit per single family dwelling. 'Following further investigation it is recommended the initial calculation of .50 to 1 be maintained. b. Mayor Greavu called for proponents C. Mayor Greavu called for opponents. None were heard. The following were heard: Jerome Bevy, 1839 Onacrest Loretta Looney, 1985 Jackson Warren Bauer, 453 Laurie Road Elizabeth Olson, 2129 McMenemy Road. d. Mayor Greavu closed the public hearing. e. Councilmember Maida introduced the following resolution and moved its adoption: 86 — 6 — 80 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the propsoed assessment for the reconstruction of trunk sanitary sewer as described in the files of the City Clerk as Project No. 81 -4, and has amended such proposed assessment as it deems just: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto 7 — 6/28 and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment for trunk sanitary sewer reconstruction shall be payable in equal annual installments extending over period of 19 years, the first of the installments to be payable on or after the first Monday in January, 1983, and shall bear interest at the rate of Thirteen (13) percent per annum from September 10, 1982. To the first installment shall be added interest on the entire assessment from September 10, 1982 until December 31, 1982. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota. Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes — all. 2. Cricket Inn — Industrial Revenue Note 7 :00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the application of Tanners Lake Partners for an industrial revenue note in the amount of $3,300,000.00 for the acquisition of land located at the northeast quadrant of the intersection of Interstate 94 and Century Avenue in the City of Maplewood and the construction and equipping a 115 room Cricket Inn Motel. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. A representative from Dougherty and Dawkins, financial advisors, spoke on behalf of the proposal. d. Representatives of Tanners Lake Partners also spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None . were heard. 8 — 6/28 g. Mayor Greavu closed the public hearing. h. Councilmember Maida introduced the following resolution and moved its adoption: 82 -6 -81 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; c) The City Council of the City of Maplewood the "City ") has received from Tanners Lake Partners, a Minnesota general partnership whose partners are Northco, Ltd. and Turnpike Properties, Midwest Inc. (the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; d) The City desires to facilitate the selec- tive development of the 'community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will 9 - 6/28 assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and surrounding area and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the cocmaunity; e) The Company is currently engaged in the business of real estate development and management and motel management. The Project to be financed by the Revenue Bonds is a 115 room Cricket Inn motel facility to be located in the City and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the employment of 30 additional persons to work within the new facilities; f) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; g) Pursuant to a resolution of the City Council adopted on , 1982, a public hearing on the Project was held on , 1982, after notice was published, and materialsmade available for public inspection at the Maplewood City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project; i) Minnesota Statutes, Section 474.01 has been amended, effective August 1-, 1982, so as to provide that municipalities within the metropolitan area as defined in Minnesota Statutes, Section 473.122 may finance motels and hotels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act Chapter 474, Minnesota Statutes), consisting of the acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the 10 - 6/28 principal of and interest on the Revenue Bonds in the total principal amount of approximately $3,300,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision.lb of Section 474.02 of the Act as amended; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within and adjacent to the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Energy, Planning and Development (the Commissioner "), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed after August 1, 1982 to submit the proposal for the Project to the Conunissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, Inc., investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to 11 - 6/28 consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The.Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. The City authorizes the issuance of serial or term commercial development revenue bonds only if such bonds are purchased by a financial institution(s) within the meaning of Minnesota Statutes, Section 80A.15 and subject to such other conditions as the City may impose prior to the issuance of such bonds; 9. In anticipation of the approval by the Commissioner, the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company con- siders necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 10. If construction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn. Adopted by the City Council of the City of Maplewood, Minnesota, this day of , 1982. 12 - 6/28 s/ John C. Greavu Mayor Attest: s/ Lucille E. Aurelius City Clerk Seconded by Mayor Greavu. Ayes — all. 3. Bodell, Inc. — .Hearing Liquor License Violation — 7:15 P.M. a. Mayor Greavu convened the hearing for a public hearing regarding the revocation of the Off Sale Liquor License for Bodell, Inc., 1690 White Bear Avenue for violation of the liquor license ordinances. The Clerk stated the notice of hearing was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report and presented a letter from Bodell's stating they were surrendering their license and going out of business. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to revoke the Off Sale Liquor License of Bod Inc. - -- Seconded by Councilmember Juker. Councilmember Anderson withdrew his motion. g. Councilmember Bastian moved to forfeit t bond of Bode I based on the — findings of a long history of viola of City Ordinances and State Statutes. ^ Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Anderson moved to revoke the Off Sale intoxicating liquor license held by Bodell, Inc., 1690 White Bear Avenue, based on repeated violations of sta statute and City ordinance. Seconded by Councilmember Juker. Ayes — all. G. AWA OF BIDS 1. Insurance a. Manager Evans presented the staff report and stated he concurred with the recom— mendation of the Agents Insurance Committee that the present insurance policies be renewed for one year with the League of Minnesota Cities Insurance Trust. A representative of the committee will be at the Council meeting to answer questions. b. Mayor Greavu moved to renew for one year the present insu policies for 13 — 6/28 wor compensation, auto and liability coverages- with the League of Minnesota - Cities Insurance trust for the f - amounts: Property $11,046 Liability 21,002 Auto 19,359 Bond 640 Sub Total 52,047 Worker's Comp. 77,305 129,352 Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS 1. Rescinding of Diseased Shade Tree Ordinance a. Manager Evans stated Ordinance No. 358 of the City of Maplewood requires certain actions on the part of staff, as well as residents of the City. Lack of funding for the 1982 program prevents proper conduct of the program, therefore, placing staff in the position of not complying with the ordinance. It is recommended that the ordinance be rescinded. b. No action taken. 2. Plan Update a. Manager Evans stated that the Council had voted to reconsider the action to approve the Comprehensive Plan Update. b. Following discussion, Councilmember Anderson moved that the west side of White Bear Avenue from Larpenteur Avenue to Frost Avenue remain residential. `^ Seconded by Councilmember Joker. Ayes - all. c. Councilmember Bastian moved to approve the Comprehensive Plan Update as amended. Seconded by Councilmember Maida. Ayes - all. F. PUBLIC HEARINGS (continued) 4. a. Special Use Permit - Frattalone Excavating, Inc. b. Variance - Frattalone Excavating, Inc. 7:45 P.M. 1. Mayor Greavu convened the meeting for a public hearing regarding the request of F.M. Frattalone Excavating, Inc. for a special use permit and three variances to excavate dirt from the site at Highway 61 and Beam Avenue. The Clerk stated the hearing notices were found to be in order and noted the dates of publication. 2. Manager Evans presented the staff report with the following recommendations: I. Approval of a special use permit for mineral extraction, subject to the following conditions: 14 - 6/28 A. Adherence to the requirements and standards set forth in Section 9.17 Mineral Extraction) of the City Code. - B. County Road D or Highway 61 be used exclusively for access to the subject site. C. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the City Engineer. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, quantity of material to be removed, and specific erosion control measures. D. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the City Engineer.. E. There shall be no explosive detonations of any kind on the site. F. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right —of —way. G. A variance be granted allowing operation beyond the 30 —foot zone established in Section 917.070 (2 D) of City Code. If the variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property liners. H. The permit holder is responsible for acquiring any permits from other agencies. I. All grading shall be in accordance with the approved grading plan prepared by Harry S. Johnson Companies, Inc., received April 28, 1982. II. Approval of the three variances on the basis that: A. The site is not adjacent to developed property with established grades. B. The owners intend to construct energy efficient earth — sheltered structures. The steeper slopes (2:1) are necessary for this type of development. C. Erosion control techniques will be required to stablize soils during and after mining operations. 3. The following Planning Commission recommendation was given: Commissioner Kishel moved the Planning Commission recommend to the City Council the approval of a special use permit for mineral extraction, subject to the following conditions: 1. Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of the City Code. 2. County Road D or Highway 61 be used exclusively for access to the subject site. 3. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's 15 — 6/28 operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, quantity of material tobe - removed, and specific erosion control measures. 4. All excavation shall be in accordance with each years approved plan. No deviations shall be allowed without prior approval from the Director of Public Works. 5. There shall be no explosive detonations of any kind on the site. 6. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right—of— way. 7. A variance be granted allowing operation beyond the 30 —foot zone established in Section 917.070 (2 D) of City Code. If the variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property lines. - 8. The permit holder is responsible for acquiring any permits from other agencies. 9. All grading shall be in accordance with the approved grading plan prepared by Harry S. Johnson Companies, Inc. received April 28, 1982. Commissioner Sletten seconded. Ayes — Commissioners Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson. Abstained — Commissioner Barrett Commissioner ICishel moved the Planning Commission recommend approval of the three variances on the basis that: 1. The site is not adjacent to developed property with established grades. 2. The owners intend to construct energy efficient earth — sheltered structures. The steeper slopes (2:1) are necessary for this type of development. 3. Erosion control techniques will be required to stabilize soils during and after mining operations. Commissioner Sletten seconded. Ayes — Commissioners Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson Abstained — Commissioner Barrett" 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson m to a the special use permit as requested by Frattalone Excavating, I for mineral excavation subject to the conditions given by staff and the Planning Commissio Seconded by Councilmember Maids. Ayes — all. 8. Councilmember Bastian moved to approve the three variances as requested by Frattalone Excavat Inc. — For miner — al — excavation subject to tFe conait'i 16 — 6/28 iven by staff and the Plannine Commission. Seconded by Councilmember Anderson. Ayes — all. 5. PUD /Plat— Adrienne's Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Castle Design and Development to revise the Linwood Heights Planned Unit Develop— ment to include the proposed Adrienne's Addition preliminary plat for (10) ten townhouse units. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report C. Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Fischer moved the Planning Commission recommend the City Council revise the Linwood Heights Planned Unit Development to include Adrienne's Addition, subject to the Community Design Review Board making a finding that the proposed townhouses will be of a scale, design, and location that is compatible with single dwellings located on adjacent property. Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson. Commissioner Fischer moved the Planning Commission recommend the City Council approve the Adrienne's Addition Preliminary Plat, subject to: 1. Revision of the Linwood Heights PUD to include Adrienne's Addition. 2. Revision of the Linwood Heights homeowner's association bylaws and rules, as appropriate, to include Adrienne's Addition. These changes shall be approved by City staff to insure that all common areas will be maintained and that access can be gained to all public improvements. 3. Footings shall be pinned by registered surveyor before the foundation is laid to assure that party walls will be constructed exactly on common lines, or foun— dations must be constructed and surveyed before submitting a final plat. 4. City engineer's approval of an erosion control plan before building permits are issued for Adrienne's Addition. 5. The developer's agreement for the Linwood Heights Development shall apply to Adrienne's Addition, with specific regard to soil stabilization following the completion of Dorland Road. Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson" d. Mr. Ken Gervais, Castle Design and Development Company, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. 17 — 6/28 h. Mayor Greavu moved to appr Development to include Adrienn to the following conditions: the revision of the Linwood Hei Planned Unit Addition of th ten (10) t units subject I. Revise the Linwood Heights Planned Unit Development to include Adrienne's Addition, subject to: The Community Design Review Board making a finding that the proposed townhouses will be of a scale, design, and location that is compatible with single dwellings located on adjacent property. II. Approve the Adrienne's Addition Preliminary Plat, subject to: A. Revision of the Linwood Heights PUD to include Adrienne's Addition. B. Revision of the Linwood Heights home owner's association bylaws and rules, as appropriate, to include Adrienne's Addition. These changes shall be approved by City staff to insure that all common areas will be maintained and that access can be gained to all public improvements. C. Footings shall be pinned by registered surveyor before the foundation is laid to assure that party walls will be constructed exactly on common lines, or foundations must be constructed and surveyed before submitting a -final plat. D. City Engineer's approval of an erosion control plan before building permits are issued for Adrienne's Addition. E. The developer's agreement for the Linwood Heights Development shall apply to Adrienne's Addition, with specific regard to soil stabilization following the completion of Dorland Road. Seconded by Councilmember Bastian. Ayes - all. 6. Mobile Homes - R -1 Zone 8:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to amend the zoning code to establish a minimum building width and permanent foun- dations for structures constructed in an R -1 zoning district. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Duane Prow presented the following Planning Commission recommendation: Commissioner Barrett moved the Planning Commission recommend to the City Council approval of the proposed ordinance included in the staff report dated June 2, 1982, which restricts building width and has a foundation requirement. Commissioner Kishel seconded. Ayes - Commissioners Ellefson, Fischer, Howard, Barrett, Kishel, Prow, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents: None were heard. f. Mayor Greavu closed the public hearing. 18 - 6/28 g. Councilmember Juker moved first readin - of an ordinance amending the zoning - code to establish building width and foundation requirements in an R -1 Zoning District Seconded by Councilmember Bastian.. Ayes - all. I. VISITOR PRESENTATIONS None. J. NEW BUSINES 1. Code Amendment -- Metal Buildings - 1st Reading a. .Manager Evans stated the City Council on May 20, 1982 directed staff to prepare an ordinance amendment prohibiting the erection of any new metal pole buildings in Maplewood and to restrict the construction of buildings with metal exteriors to M -1, Light Manufacturing, M -2, Heavy Manufacturing and B.C. Business Commercial districts. b. Board Member Tom Deans, Community Design Review Board, presented his views on the proposal. C. Councilmember Anderson moved first reading of an ordinance regulating the construc ion of metal pole buildings. Seconded by Councilmember Juker. Ayes - all. 2. Soo Line Abandonment a. Manager Evans stated - a committee of staff people, representing Maplewood, St. Paul, Oakdale, North St. Paul, Ramsey County, Washington County, DNR, MnDOT, and Metropolitan Council, have been meeting over the last few months to discuss the feasibility of acquiring all or part of the Soo Line Railroad right -of -way for a bike trail. A task force is needed to negotiate with the railroad and develop a financing plan to pay for the right -of -way. The first meeting of the task force will be on June 30 from 4:30 to 6:00 p.m. A representative from Maplewood should be appointed. b. Councilmember Maida moved to appoint City Manager Barry Evans to the task force to negotiate with the Soo Line railroad to develop a financing plan to pay for the right -of - way. Seconded by Mayor Greavu Ayes - all. 3. Code Amendment - Board of Adjustments - First Reading a. Manager Evans stated the Council, on May 20, directed staff to prepare an ord- inance amendment replacing the Board of Appeals and Adjustments with the City Council. b. Councilmember Bastian moved to approve first reading of an ordinan replacinRthe - Board of Appeals and Adjustme with the City Council. Seconded by Councilmember Anderson. Ayes - all. 4. H.R.A. Housing Program 19 - 6/28 a. Manager Evans presented the staff report. b. Mr. Stan Keel, Holmes and Graven, spoke and answered questions from the Council. C. Councilmember Bastian mov c approval of the HR program as pre— sented t assist moderate income older adults and first time home buyers secure__ ho t meets t needs an to authorize — a market fea study for the — proposal subject to the following — recommendations: I. Concept approval of housing program which includes the following elements: A. Construction of from 100 -125 new housing (condominium or cooperative) for moderate income older adults through tax increment financing. B. Study the possibility of relying on theMHFA's tax exempt housing revenue bonding authority to assist first —time home buyers purchase homes in Maplewood which are presently occupied by moderate income older adults. If not feas— ible to rely on MHFA monies, pursue the feasibility of Maplewood sponsoring the issue. II. Authorize a $4000 expenditure from the City's contingency fund to Gary Solomonson Associates for the preparation of a market feasibility study for the HRA's seniors/ first —time home buyers housing proposal, subject to: A. Confirmation that Gary Solomonson Associates' work is recognized by Standard and Poors. B. An agreement being secured with each developer that, if selected, they will pay the costs of both phases of the feasibility study. C. Written confirmation from Gary Solomonson Associates that both phases of the market feasibility study can be completed by August 2, 1982. III. City Manager or Finance Officer shall contact the School District for joint contributions. Seconded by Councilmember Anderson. Ayes — all. K. COUNCIL PRESENTATIONS 1. City Sign Vandalism a. Councilmember Bastian questioned what had happened to the City's Maple Leaf on the front of City Hall. b. Staff stated the sign is being repainted and is not finished yet. 2. .Association of Metropolitan Municipalities a. Councilmember Bastian questioned if the City had paid the annual dues for this organization.. b. Staff will investigate.. 3. Down Zoning 20 — 6/28 a. Councilmember Bastian stated at the corner of Larpenteur and Jackson the property is zoned high density in the middle of residential zoning. He questioned if there are other areas such as this one in the City, if so can these properties be down zoned. He also is concerned about the use of school property which are being closed at this time, particularily Harmony School. b. Councilmember Bastian moved that the Plann Commission begin to investigat the down zone questi and report back to the Counc regarding this and also new zones that the Planning Commission would find desirable. Seconded by Councilmember Anderson. Ayes — all. L. ADMINISTRATIVE PRESE None. M . ADJOURNME 9:40 P.M. City Clerk 21 — 6/28 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly called and held in the Council Chambers in said City on the 28th day of June, 1982, at 7:00 P.M. The following members were present: Mayor Greavu Councilmembers Anderson, Bastian, Juker, Maida The following members were absent: None Councilmember Bastian introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE COMPREHENSIVE PLAN UPDATE 82 -6 -81A WHEREAS, the Metropolitan Lan Planning Act, Minnesota Statutes, Section 473.851- 473.872, requires that the City of Maplewood prepare and submit a comprehensive plan to the Metropolitan Council; and WHEREAS, the Planning Commission approved the Plan Update on April 6, 1981; and WHEREAS, the Planning Commission approved amendments on July 20, September 21, and October 5, 1981; and WHEREAS, the Planning Commission approved further amendments on March 15, April 5 and April 19, 1982; and WHEREAS, the Metropolitan Council reviewed the Plan on February 11, 1982; and WHEREAS, all requirements of the Metropolitan Land Planning 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. Seconded by Councilmember Maida Ayes all Adopted this 28th day of June, 1982. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, beinq the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 28th day of June, 1982, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the Comprehensive Plan Update. Witness my hand as such Clerk and the corporate seal of the City this 29th day of December, 1982. City Clerk City of Maplewood, Minnesota C T Y OF MA PSI- WOO 0 A C 0 U N T S P A Y A 8 L E MATE 07 - 12 - 82 PAGE 1 CHECK f A M O U N T C L A I M A N T U R P O S c OOuSgf 1! 894.18 NN STATE TREASURER -PER'A C-ONTRIBUTIONSt PERA 97X 3, 963.50 MN STATE TREASURER - PERA P. E.R.A. DEO PAYA;3LE 0 J. b11 ZO 3.00 MN STATE RETIREMENT SYST DEF =BRED COMP PAYABLE r--- J0 612 AND - CONTRIBUTIONS, PERA D0098 8! 563.61 MN STATE TREASURER -wPIRA P. E.R. A. OED PAYABLE. AN O CONTRI BUTT O NS PERA 03u 599 14.75 MINNESOTA STATE DOCUMNTS BOOKS E0 D 3 9438.50 MIwN ST TREASURER MV LI FE;-IM' S PAYABL D 00 E01 282000 t STATE TREASURERMINN STATE D/L FEES PAYABLE 0 0 C 60.2 76.5D R AMSE.Y CO CLERK OF DIST CNTY O/L FEES - PAYABLE. 2,434.MINN STATE.TREASURER MV LICENSE FEES PAY 00x60 4 123. OD MINNIN M LTi EMENT CORPICHARR TREASURERT STATE O/L FEES PAYABLE n0006 22,235. 5 MiNN STATE TREA MV LICENSE FEES PAYABLE 312* JO MINN STATE TREASURER STATE D/L FEES PAYABLE f 60u 76o 13 KENTUCKY FRIED CHICKEN SUPPLIES, PROGRAM 3 60 8 X33. 15 M LTi EMENT CORPICHARR OEFE.RRED COMP PAYABLE u WAGE DEDUCTIONS PAYABL DOOb1T MPENSAT.AN Q DEFERRED C O U 9 3 7, Td6. fl9 MAPLEW003 STATE SANK FED INCOME TAX PAYABLE 0OC613 7 149. 85 STATE OF MN STATE INCOME TAX PA VA8 0 J. b11 ZO 3.00 MN STATE RETIREMENT SYST DEF =BRED COMP PAYABLE r--- J0 612 2T T. 00 DE - F E CPC E D C 0 ! F PAYABLINSCOMNMUTUALLIF n n 6 13 297.43 AFSC ME LOCAL 2725 UNION DUES PAY BLEW AND -FAIR SHARE FEES PA 0 -3 61 +2 . 0 0_METR SUPERVISORY ASS UNI CN OU PAYA 000615 10 871• CO CITY + CTY CREDIT UNION CREDIT UNION OED PA Y 03061b fl4.ROSEMARY KANE WAGE DEDUCTIONS PAYABL DOOb1T T279. 0 MN BENEFIT ASSOC MBA INS PAYA86E f- r pbi8 141.x,2 WISCONSIN D PT OF REVENUE STATE INCOME TAXAYAE i..s_(:.? 7wcallIII! illllllllllll 11": 1111 u'':: ;`' -w.;rr tr t t +. '"' .. Y OF MA PL 6W OOD A C C O U N T S P A Y A B L E DATE 07-m P AG CHECK*A M O U N T C A I M A N T P U R P O S E 03 E19 14, 378• 66 3N STATE TREASURER F• I • C•A. PAYABLE AND- DUE TO OTTER GO 0 )C 620 3, 205.00 MINN STATE TREASURER Mil . LICENSE FEES PAYABL 169. JQ MINN STATE TREASURER STATE D/L FEES .PAYABLE 000 622 105. 00 LEAGUE OF MN HUMAN RIGHT TRAVEL. TRAINING 0 }00623 265.00 MINN STATE TREASURER STATE O/L FEES PAYABLE E2 - -- -------29 x 69.70 NI NN STAT c REASURER M - M LjIC FEE PAY A SL 000 625 2945 MINN STATE TREASURER MV LICENSE FEES PAYABL 000 18 2. u0 MINN STATE TREASURER STATE O/L FEES PAYABLE 0 C C 62 7 8. 00 METRO ARC. A MGT ASSOC TRAVEL * TRAINING 0 0 62 74 RAMSEY CO CLERK OF G CNTY O/L FE PAYAB C 0 52 9 2, 314. 45 C STATE T REASUR R M11 LICENSE FEES PAYABL 0 b30 - - -1120 t 5TAT T'.AJURR -- -- - --STATE 0/, FE - PAYABL; 0 00 631 1 , 01 20 MINN STATE TREASURER MV LICENSE F PAYABL 000 632 233•MiNN STATE TREASURER STATE D/L FEES PAYABLE 0 d 3 3 - -11.. 7 G BOARD --- - - -W A T = R COMM - __ __._ - -- -- - ---UTILITIES C:i b 15.00 MINN STATE TRE ONR LICENSE FECS PBL 00 b 5 227. 0 MI NN STATE TREASURER ONR LICENSE FEES -PBL 00 ; 636 - - ---2 0• 6 MINN STATE TREASURER - - --STATE 0%L FEES PA A_Ii.: 0u06 3 MINN S TREAS MV LICENSE FEES PAYABL 030 638 229 . nyU MINN STATE TREASURER STATE O/L FEES PAYABLE 3,60 • _j MILAN STATE T- EASURER MV Ll ENSt .cS PAY 0 00'640 199111 C4 MN STATE TREA SURER -PERA CONTRIBUTIONS, PERA 0 0 641 39963.29 MN STATE TREASURER -PERA P.• E.R. A• DED PAYABLE AND - CONTRIBUTION PER 00642 89353•lO MN STATE TREASURER -PERA P•E•R•A• OEO PAYABLE AND -CONT RI BUTI ONS s PER CIT OF M Pl.EW00p A C C 0 U N T S P A Y A'8 L E DATE 07.12 - PAGE CNE CK *A M 0 U N T C L A I M A' N T P U R P O S E 0 643 13, 6013.00 PATRICK W GOFF ANO LAND EASEMENTS u3 644 375 * 00 TWIN CITIES MUSICIANS FEE5, SERVICE 4th of July Celebrat1 0 0 645 i62. 00 MINN STAT TREASURER S / L FEES PA A SL 000E46 4t971*75 MINN STATE TREASURER MV LICENSE FEES PA'YAB 0306 2,966. 70 MINN STATE TREASURER MV LICENSE F "'S PA YAB 5 i 32, 51 . 5. _?5_N EX SINCE LAS COUNC MEE 0CITYOFM4 PLEWOOL A C C 0 U N T S P A Y A 3 L E DATE 07 -w12-82 PAGE C HE CK A M 0 U N T C L A I M A N T P U R P 0 S E 01350" 8 75.AMERICAN PUBLIC TRA TRAINING 5Co FEES, SERVICE511. 5 AQUAZYME MIDWEST Chemical Toilets 013573 299* 70 ARBOR PLASTICS PRODUCTS MAINTENANCE. MATER"*ALS 013 00071 12e E6 BOARO OF WATER COMM UTILITIES. 2 5 E's 54 ATaaARDOFW -R COMM OUTS E. N G I E i:.7RING F- 0135,73 114*41 30AR0 OF WAT:-R COMM OUTBID ia*wENGINEERING F, 00574-7*22 BILL BOY=R FORD SUPPLIES* VEHICLE 135T5 3 R A 0 - kkGE N INC284918 SUPPLIES, V Hl"%LE 013576 23#90 3ROWN PHOTO MAINTENANCE MATERIALS 013-0077 3*05 CAPITOL RU3BER STAMP Co SUPPLIES, OFFICE 013573 101 COLLINS m: "-CTRICAL CONSTOLLINSwo MAI J4 tEWk_NfL_ - _k'Tj ik I A L S 0. 57 c.64*96 COPY EQUIPMENT SUPPLIES, EQUIPMENT 013583 10080 01 SPATCHmPP ION EER PRESS SU BS CR I FT 10 NS E m B'E"'R S Q 1 - 3 - 1 . - -1 466.52 EASTMAN KODAK CO 0UPLI _A_Tl COST 2 T2.1 15 3ARRY EVANS TRAVEL + TRA ANO-wVEHICLE ALLOWANCE Ir i C m 1 58 1 2 J 0 FLEXIBLE PIPE TOOL CO SU PPL 44, St V 013 58 4 113* 57 FOX VALLEY MARKING SYST S.MALL TCOLb 13 58 24*72 PETCER GANZEL 013.8 6 313587 2, 112 013 58 013589 336*58 0 13 590 109 57 TRAVEL + TRAINING GENERAL '%E'NERAL MOTORS CORP SUPPLIES, VEHICLE GEOTECHNICAL 4E7NG CORP OUT SIOE ENGINEE'RING F. GLADSTOWE LUMBEOR MART MA I NT.E. NANCE MATERI JUANE GRACE FEES, SERVICE iemp, bici inspector JANET GREW SUPPLIES, OFFICE AND-PSUPPLIES• PROGRAM 013591 40 00 HAND-Y HITCH + WELDING CO SUPPLIES, PROGRAM. CITY OF MAPL.EWOOD 879938o93 A C C 0 U N T S p A Y A 3 L E 0 AT 07,wI2-82 PAGE CHECKS A M 0 U N. T C L A 1 4 A N T P U R P 0 S E 01359.2 460 43 HARWOIN GLASS SUPPLIES q VEHICLE 013593 23*45 HILLCREST CHAMPION AUTO SUPPLIES, E.QUIPMENT 13 594 9*77 H I HFIELOS SUPPLIES, OFFICE 60595 b. 3i H LOCK + K&+'".*Y SERVIC SUPPLIES t OFFICE ANDmSUPPLIESt EQUJ.rPME 0 350 ou INTER ASSN OF CHIEFS SUBSCRIPTIONS+ MEMBER! 13 5 9 T ---i6 . b_i 1 T L - C IT Y ! G tT A S S ______ __________._BOOKS 13 $59 8 INTERNATIONAL HARVO"STER SUP FLIES, VzHICLE 013 59 9 138.3 INTO. TOW:'LmLINEN COm MAINTE.MNANCE MATER—ALSI 8 NOX LUMBER CCMPANY 023601 013602 3 MAINTENANCE MATERIAL$ 32 .50 RICHARD J LANG SUPPLIES, PROGRAM 15jo4u MA P _WGO0 REVIEW PUBLISHINGLE 127,e60 ME14S IOR - I NOUS TRIES SUPPLI"ESq VEHICLE 013EO4 879938o93 METRO WASTE CONTROL COMM SEWAGE. TREATMENT 3w 13 60 5 32. 5 JANICEL 4" j6. RMETT, E SUPPLIES9 PROGRAM 0 i 3 EO 6 T . b 6 rN N S 0 T SuPPLIESq VEH'A'r.CLE _ ___ _ _ ._ 013 E07 0 i3o EG 8 0 13 co ci 4*66 STATE OF NN 7o50 MINN STATE TREASURER 875*10 MOTOROLA INC REP* + MAINT99 EQUIPM FEES, SERVI"Cr Certification P* t. MAINTs RA l05o 00 MUNIC* FINANCE OFFICERS TRAVEL + TRAINING 013 E11 2j* aj NATICNAL BUSINESS SYSTEM FEES, SERVIC Microfiche 313612 17.90 NATICNAL WILDL.IFE FED SUPPLIES, PROGRAM 013 ROBERT 0 NELSON TRAVEL + TRAINING j 13 U 4 16,9 311s 50 CITY OF -NORTH ST PAUL OUE TO OTHER GOVT UNIT Street improvements013El5NDf'%+ T H E R-N S P 0 W E R -- Cd --- - I L_ I T I S 3057 013 6440 6 618*72 NORTHERN STATES POWER CO UT ILITI'S CITY OF m #Ap EW 00 A C C 0 U N T S P A y A 13 L E 0ATm— 07,m12.w P A G C H Lo"K A N 0 U N T C L A 1 4 A N T P U R P 0 S E 013 Ei 7 442. TO NORTHERN STAT POWER CO UTILITIES 013 63-7 578*27 NORTHERN STATES POWER CO UT I L I T I E,-'34, 619 x+NW SERVICE STATION EQUIP FEES ScPVIC-Amm % t rlu e umps01362068Woo23NORTHWESTERNBELLTELCOTELEFHON*-- 013621 832.49 NORTHWg'STERN BELL TEL CO TE LIE'PH ONE 013 C-22 31*70 NOm-T hWEST!',ffoRN BELL TEL CO TE L I. PH 0 N E 00623 199. 23 NO KT H.W EST ER BELL TEL CO TEL'PHONZ 013624 1, L81. 85 N Or"11 H WE S T E RN BELL 3t L CO TE L PH ON 013625 49 3 .18 _..____PARK MACHINENE INC R EP M A "Ar. N T V E H I C L AND-nSUPPLIESo VEHICL 013E26 95*50 PETROLEUM MAINT CO FEES 9 SERVICt 013627 39369985 RAMSEY COUNTY TWEASUPE'k 1 k-s-ump fiTa- FEES, SER AN D-POUTSIOE ENGA"".NEERI, 8 Streets- .- .-_- ' - - -__. -- 13 62 26*55 REEDS SALES + SERVICE 40-1SUPPLIESqVEHICLr. G.1 -d7 1 AftR - Ij G FZ 5 9 t Ru Cleanin013-630 197,s15 S T OFFICE PRODUCTS SUPPLI"ESv OFFICE 108483 A t; 5%,CHAOT TRAVEL + 'r,RAINING 013 032 X81. — E - J T A SCHIFSKY f SON:"O)' INC M A I IN T -:-M'N A N C E MA 01 ` -3y1 . 65 SPECIALTY RA010 SERVICE REP* + MAINT99 RAOIC 013634 PAULINE' STAPLES SUP LIES, PROGRAM 013635 ltcv,20*92 00 STREICHfERGUNS ---SUP.PLIESq RANGE ___ 013-036 296*72 TAF,GET STORES 'L'*NC SUP LIES, PROGRAM AND SUPPLIES9 ANO- MAINTENANCE MATER] 013 63-7 U 013E38 37.50 TWIN CITY FILTER Sr-.7RV IN F E E 15-1,9 S ;bR V I C cleaned 013639 131.TivA'.N CITY TESTING OUTSIDE ENGINEERING FE CITY OF MAPLEWOOC LYLE DUCKi:..OW A C C 0 U N T S P A Y A 8 L E 04' T - 07..12..82 PAGE CHECK A M 0 U N T C L A I M A N T P U R P 0 S E 0.13040 F 17.50 UNIFORMS UNLIMITED UNIFORMS CLOTHING 31364" BARBARA KRUMMi."-.7L R * 1E F U N 0 183*89 WARNERS TRUE VALUE HOW MAINTENANCE M4 AN-0-mSUPPLI;E.Sv PROGRAM AND-SMALL TOOLS ANO-mSUPPLIES9 OFFICE 01 . 3042 72*53 WINDSOR LANOSCAPING INC MAINTENANCE MATERIALS 013 E43 25 .15 ZEP MFG CO SU PPLIc"t JANITORIAL LYNN A ANDERSON WAGES, P/T + TEMP** 01 - 3 645 237943 DAVID BAIR WA G#" Sq P/ T t T EM 013 361* 250 PAUL ALAN HAGSTROM WAGES, P/T TEMP U13647 87930 JULIE MCC OLLUM WAGES v P/T + TEMP* 013 - E48 264o Ou"JEFFERY RASG `HKE WAG: Sq P/T TEMP* 013 E49 164*S Ki3 '"AN SH;7RSURNE WAGES, P/T + T E. M P 013650 369o37 C GARY TEWINK&E-L wA G E S .. 9 /T+ TEMP* 013 E5 1 332. 8c0 THOMAS TH'ELL WAGES, P/T + TEMP* N --'-AND TRAVEL T?A" I NG - 13 6501, - 21 Oi3E53 376*65 23 • 00 MAURICE WEINBLATT WAGES, P/T + TEMP. OAWN MARIE SFANNSAUER 0 WAGES, P/T T;bmrmmpo 013654 10.0 LYLE DUCKi:..OW R E F U N 0' 013E55 li-je ji JACOB HAAE.&ELE R E F U N 0 013 65 6 12*00 BARBARA KRUMMi."-.7L R * 1E F U N 0 013E57 I i a c i ROBERT MI NAR R E F U N 0 013 013 05 9 13. 10 PAUL MORRIS R E F U N 10.00 DAI"R 6 RU001GK R Em F U N 0 013660 1 GU'* KATHY UR3ANSKI R E F U N 0 9000 10AM"Y ZIERHUT R E F U N 0 013 E62 72. 49 GAK"RETT FRE.IGHTL11WES INC MAINTENANCE MATERIALS M 'CITY F A L W 00 AO C C 0 U N T S P A Y A "g L F GATE 07.12 -82 PAGC C HE C K A- M G U , N T C L A I M A N T P U R P 0 S E 01 3 06 3 12.'30 NEELIMA KINIKAR R E F U N 0 i3 P--jUCITH PETt SON R E F U N 0 31. 3665 10 J01 NANCY KOLLER R. E F U N 0 _ 013666 12, 3 3 CA ROL YN V R E F U N 0 9,0 3u E. P. H1SNI K R E F U N 0 12. 00 T JU R E F U N 0 313 E6 9 143. 30 INOIANHEAO TRUCK LINES FEES,SERVICE D Fuel Tra O13E70 0 • 5 3 ---A N CC 0 OIL C 0 FUEL OIL 013671 Ui - -- - ---UN V 0 iSC A 2i- --- -- -F .. _...__ _ - -- -__ -__ _-SU3CRL T,IONS*NcM3ER 1.04 CHECKS WRITTEN TpT _r _ -1 ,o - CHECKS TOTAL 263,655.6E - INDICATES ITE FINA BY RECREATIONAL FEES 1 sTY OF MNPLEW000 REPORT PAGE 1 CERTIFICATION REGISTER CHECK DATE' 07.. 82-82 Co H E.L N ._ RITA M 5 . P Y NET . - A f d 42 5.0 t BEMM i.01S N 586.62 407.44 04286 EVANS BARRY R 1 1, 089.09 0 E i_4 2. Z .v iv + N T. •,3 i 4 8 9 • 1, 424.31 04288 PELOQUIN ALFRED J 747.23 193.39 0429 SLN Eii:HEk JOHN F 127050 127.50 A_s_Y r r J 54 45. 44 46i.48 04291 JOHERTY KAT NLEEN M 305000 Zi.56 04292 Z U E K HE k JO L L15039 115.1 3 0 4 2i-3 - - --F N U T- _ -_--D N.I-E F 4b_ 0 4214 HAGEN ARLINE J 888.92 404.43 04295 MAT H E Y5 Nip NA K 677.54 473. y3 . 0 4 2 9 6 _ __._.I G ORE - -- -- ._____.E._rS__b2 3 9 9 • ? 04297 AUkEL1U:S 6,UG ILLS E 1, 350.46 705.29 042 i8 oE . V 0 G B £TTY I 7 .1 2 3 4 b 3.7 0 0 4 2 9 9 G E_E N. 04300.SCHAOT JEANNE L 107.68 88.62 043 01VIE i 0R i.OkC %AINE S 561.69 386.08 43 2 __8 0 Hl-W .BEY PAT K Col 4-A_340 *2 248.78 - 04303 FREj" EKICKSON RITA M 68.00 b8.Os 04304 - --STOi TL£MYER EOI TH G 143.00 43•8 iST_Yt_t ,AH A_-53.2 . i6.2 - 04306 MAGEN THOMAS L 1, 424.31 331.08 04307 OMHTH SOY E 553.39 381.01 0-.4 0 8-LAI kK L L 4 8 -d . 31 04305 5WE u - 'EN JOANNE 706.12 46i.48 l I Y OF MH PEE W00D PH YKOLL KE POKT PAGE 2 04315 C LL 1 NS 04316 DREGER 04317 GzEEN KEN NET Ki(; HARZ) v _ -- _--i_, . 7 5._5 4 _ _ 4 7 C 1v 301.7 5 7 44.16 NOi MAN L 1,195 650.92 0431d------HALWE _ CERTIFICATION itEGISTER CHECK DATE 07 02 2 CHE C K_-- - - -N..HE _GROS PAY NET PAY STEPHEN 04310 ARNOLD DAVID L 19171639 1430.51 04311 RAYMOND MICHAEL J 1, 016.77 622.84 ---- ATGHISON JOHN H 1, 036.15 678.37 - 04312...80 K 3 2RIG _ _ 04313 GAHANES ANTHONY G 1 133.65 04314 156.73CL4USONDALEK1, 036.15 04315 C LL 1 NS 04316 DREGER 04317 GzEEN KEN NET Ki(; HARZ) v _ -- _--i_, . 7 5._5 4 _ _ 4 7 C 1v 301.7 5 7 44.16 NOi MAN L 1,195 650.92 0431d------HALWE _KE R 1, 01 506.64 NE T T j. cK UAN IEL 0431y HEINZ STEPHEN J 774.46 490021 ' 04320 HtkOE 1 0432 3 Moor -L-LI RAYMOND MICHAEL J 1, 016.77 622.84 ---- 0 4321 _JAQ TH OAN lEi.774 489.45 04322 KORcTUS.DONALD 588.40 325.84 04323 LANG IRIGHARU J` _1, 056.00 518094 -- - --- 04324 _ ._ M N U T Y JOHN J _ _._. _ 1 2 5 5 ._ 04325 MEEMAN,JR JAMES E 997038 506.64 04326 NE T T j. cK UAN IEL 6 1 0 36.61 665.26 - -- 0 327 M0E3(;HT rt rt I L HA 0 m _l1016 77 1 0432 3 Moor -L-LI RAYMOND J 1, 016.77 671.99 04-329 PE L T I ER +WILLIAM F li 151..54 655.35 D4330 _ SK46MAN _ D M 1 , 0 Z 6 5.46 04331 STAFNE GkEGORY L i, 026.30 649.90 04332 STILE.VERNON T 997.38 576.91 04333 S T O KT ONaKELI T 1, 016 649.95 ` 0,4334 ZAPPA JOSEPH A 1'9197023 76 S. 07 1TY OF raP,.Eaoa NAMENE -.. _.. 04335 BEDKER PAYROLLOii R POD TY ERT iFI%AT ION REGISTEK G.R_0 PAY RON A`t3 D 1, 065.23 PAGE 3 CHE ,K DATE 07 02- 82 NET PAY -- 2'56.23 rt 04336 TCUSCK DENNISI S i, 332.80 854.12 04337 GRAf A DD -I M 6 23 5io.i2 04336 LEE ROGER w i, 104.00 625.47 04339 MELANDER JON A 1 20057 043.Q__.__NEN Ar4 M 1 41 b T 7 6 6 0.0 6 _ --- 04341 KiZK,iZ OFF DALE E 149.59 04342 RYAS!M "IC N A E L P i* 0 6 5.2 3 4 7 0.11 i E K._ &Q. E &E 1 . ; 06 * 23 182_029_ i _ 04344 Y OUNGcEN JAMES G It .111.29 652.0 0 04345 EMDERTSON JA N ES M 3 4 •3.6 31.5 6 04346 S G N A._ ;__- - - - - -- -__ _FEO C 1112754 685.x. 04347 F L UGNEK A`NE L 67'.54 445.27 04344 FULLER JAMES D 5 8 b• 62 428.16 0 4 3 4'1-- ----N 645923 _408.46 - -- - - -- 44350 ONNtLS R03ERT 0 1,175.54 635.72 04351 biNEK JANET 549.69 380.43 HE A,6 51.2 8_-3 2 7 .. 83 04353 WILLIAM DDA NE J 1 855.54 472.42 04354 8ATA MAnIE L 453.59 326604 Q 43 5 5 H A I.UE .__KENNET N_,6 1 39.1.08 2293 - - -- - -- 0 4356 iEGWET H TNJDL A 496.54 355.50 04357 CASS W C 1, 157.08 573.03 E MON ADD 510.54 04359 HE L EY RONALD -J 624.00 538. -88 ITY OF MAPLEWOOJ V H E(;K _ U4360 HOCHBAN PAYROLL CERTIFICATION N JOSEPH H REPORT REGII STEM G PAY 790. PAGE 4 CHECK DATE Q7-w02-w8282 NET PAY 527.58 04361 KA NL MIL HA R 82 4. DD 370 0 362 KLAU HEN _f 829 .04 453 04363 M €YEt GERALD M 859094 439.20 04364 Pw.ET T NEK J05 EPH B 1,124. d0 712.72 04365 RE_iNE T ECWA A 538.$8 U4366 TEV6IN,JR HAi%RY J 835.65 524.95 04367 E, A S JH M ES 6 9 81. b9 609001 04364 - -GENIE ,PE 440.00 386 .87 04369 GEISSLER m o 7 4 ba1.7Q 04370 GES Ei.E JAMES T 853.54 fiO3.83 04371 . - - -_PF.. c_JENNI L --1, 05 5.544. 04372 PILIOATZKE DAV J 1s 157.08 792.12 04373 A Y Mm N JAMES N 79 7.5 4 5 -- -- - _ . . - - -- --55.69 04374 U T Z - - - --DA V I D P 5 6 2 • b2 3 8 4. 04375 BKEHEIM ROGER w 769.60 490.07 04376 EJSON JAV ID 8 840.08 569.32 04377 MUL' WEE_GEO W 769 .60 493 04370 NADEAU EDWARD A 853.60 568.47 0437y NUTESON LAVERNE S i, obb.00 4_2 0400 3 EN DE .G . ER c 840oOO 5001686 04361 MACiONALD JOHN E 908080 4.59076 04302 MULVANEY OENNIS M 67d.40 536 25 04383 ----8ENNE OIS _715 .65 293088 04384 K+' UMMEL BARBARA A 283.92 135.91 I T Y OF MNPLEWOOCJ PAYROLL REPORT P AGE 5 CEnTIFIGATION REGISTER CHECK DATE 07 02 - 82 HE M M E &0 P A Y _N_U PA Y 04385 00EGA* - W Ro ERT 0 it 364.77 842083 04386 STAPLES PAULINE M 1 056.92 686.35 - 0438 7 GJ OAV-10 A 624o O8 535.20 04388 GUST N Dpi MEL WIN J 19 020 620.57 04369 Ht6EY RO6.ANu 8 839029 557010 04 3 9_0_LE 10 JEFFR S 11 113. 40 04391 MAiGA MATTHEW 288.00 240.76 04392 MA;*U HAR A 824.00 541.03 04393 A "A S L h KE __..A L 6 ER T F 2 0 5. 0 _18 3. 6 . -- 04394 SANDQUIST THOMAS J 30988 30.88 04395 SANTA REED E 834.20 487.76 A U F MAR . _ _3 0. 0 0 _ 3 2 0. 0 04397 STALK RIL:HARD E 04398 WFiRU TROY G 04399.- - -. WA_i- ZE- KH rtIt; 0'4 Rc _a_ 32 ©.00 320000 320000 320.00 399 * 00 332.80 04400 SPANNBAUEk KAT HLEEN G 80000 76.73 04401 TAUBMAN aOUGLAS i 804s00 517.20 _ -- 04402_Iw ROY _G 32 253.25 U 44 0 3 GREW JANET N 684.92 448.59 04404 SOUT TER GHm IST I NE 710.60 485.48 04405 GHLE e_EGK JULY _M 711.2 300. 04406 04407 ULS ON GEOFFREY w 1 340.31 822.75 EKSTRANJ THOMAS G 932.83 573.49 0 44.08_J0HN_a4 RANIDALL E 932. 83 597.83 04409 OSTM ON MAKJORLE 19133.54 716.38 L T Y OF MAP EWOOLi PAYROLL REPORT PAGE 6 GERTIFiVATIOM REGISTER CHECK DATE 07-O2 -82 NAME GROSS PAY MET PAY j' 06 ERT J 85 7.54 497.580441.0 wENGER L` Hr.%OK REG14"Tt" R TOTALS 103, 126.59 56,428.79 Y0428BurMyles R 824.00 451.39 CHECK REGISTER TOTALS 103,950, 5 6, 8 8 0.18 I CHARLES W. B=IOOS (1"T - 1970 ) J. NEIL MORTON COLE OERLER A. I.AuzzwcE DAvis Fa.Lwa HAxxoxv LEONARD J. KETES B. C. HART JOHN M. SULLTVAn BERNARD P. Fz ;zEL BURT E. SWASSOx M. J. GALVIN,JR• DAVID C. FORSasao JOHN J. MCNsELT GsaAim R.SwANSON McNEIL V. SEYMOUR,J=. TERE'NCE N. DoTLS RICHARD R. KYLE JONATHAN H. MOROAX JOHN L. DEVXET R. L.SORENSON PETER H. SEED PHILIP L. BRUTtER SAMUEL L. RAxsoN RONALD E.OscRARD JOHN R. KExzrzc: JoHN R. F=ITpDriAN DAVID J. SPENCER DANIEL J. COLE, JR. PETIT; W SIP=INS DovoLAs L. SEoR MICHAEL H. JSROXIMVS R. Scorn DAVIES JAMES W. LITTLMZLD JOHN B. VAN DE NORTH. JR. STEVEN Z. F.&PL.N RIcamm 0. MADE AxDREw C. BaceaR JEROME A. Gszs STzva A.BRA" LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 2452 I D S CENTER MINNEAPOLIS, MINNESOTA 55402 612) 291 -1215 July 6 , 19 82 MASH W. WESTRA ALAN H. MACLIN JEFFREY F. SHAW DAVID G. GREEwINO DAVID B. SAND BETTY L. Hum CHARLES R . HATNOS ROCCO J. MAPPEI, J B . ANDREA M. BoND MARTIN H. FISH JOHN BIILTENA ROBERT L. DAVIS RICHARD H. MARTIN TRUDY H. ScHaorn MARY L.IPPEL DAVID J. ALLEN ROBYN L. HAxsEx MARGARET K. SAVAGE JEANNE.M.FORNERIS BRIAN G. BELISLE TONY R. STEMBEBOER MARRY SCHAFrNER EVIKGER MICHAEL H. STREATER STEVEN T. HAL%'EBSON RICHARD D. ANDERSON SALLY A.SC000IN JAMES F. CHRISTOFFEL DAVID C. McDoNALD BBLcE W MooTY VIaGINIA A. DkTER TaUDY,R.GASTEAZORO ELIZABETH J. ANDREWS PETER C. HALLS CHARLES B. ROGE$S OF'COUNSEL RIcHAaD E. KYLE SAMUEL H. MORGAN FRANK N. GRAHAM Mrs.Lucille Aurelius REPLY TO Saint Paul City Clerk City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Re: city of Maplewood - Commercial Development Note of 1982 (Emerald Inn Project) Dear Lou: Enclosed in connection with the above referenced matter are the following documents: 1. Application to the Commissioner. of Energy, P1 nning and Development together with the exhibits required by the application 2. Resolution Calling for a Public Hearing 3. Preliminary Resolution It is my understanding that the Resolution Calling for a Public Hearin g will be acted upon at the Council meeting on July 12. In the Notice of Public Hearing I set the hearing date for August 9, 1982. If this is not acceptable or if you have any other questions, please do not hesitate to contact me . Very truly yours, 7Z44 Mary L. Ippel MLI:jat Enc. APPLICATION /AGREEMENT FOR TAX EXEMPT MORTGAGE REVENUE NOTE FINANCING This Agreement is hereby entered into .between the City of Maplewood, Minnesota, beret nafter called the "City and Emerald Inn of Maplewood hereinafter called the "applicant". The applicant is requesting financing for a development project and desires that the City issue notes according to the terms of the Municipal Industrial Development Act of 1967 as amended. In order for the application to be considered by the City, the applicant hereby agrees to pay all costs involved in the legal and fiscal review of the proposed project and all costs involved i n the issuance of said notes to finance the project. It is further agreed and understood that the City reserves the right to deny any application for financing in any stage of the proceedings prior to adopting the resolution authorizing the issuance of notes. 1. APPLICA4T: a. Business Name - Emerald Inn of Maplewood b. Business Address - 771 WE Harding Street, Minneapolis Mn 55413 c. Business Form (corporation, partnership sole proprietorship, etc.) - d Authorized Representative - Chayton Corporation, 771 WE Harding, g, Mpls, Mn e. Telephone - 612/378 -2563 2. NAME(S) OF MAJORITY STOCKHOLDERS, OFFICERS & DIRECTORS, PARTNERS PRINCIPALS: a.Judson Dayton b Duncan Dayton C,Edmund Chute d.Fred Chute, Jr. e. David Chute f. Arthur B. Johnson 3* INCLUDE A PROPERTY LINE MAP SHOWING EXACT LOCATION OF PROPERTY, NAMES OF ADJACENT STREETS, AND DIMENSIONS OF PROPERTY, 4. NATURE OF BUSINESS . a. Briefly describe the project proposal: 66 -unit Emerald Inn econommotelsimilartotheNorthridgeEmeraldInnat694 & Lexington in Arden Hills. - • OVER) b. the project associated with an existing Maplewood Business?Is P J . Yes No x If yes: Relocation Expansion Rehabi 1 tati on S. AMOUNT OF CITY FINANCING BEING REQUESTED: $ 19500- t000 b. PURPOSE OF RERP QUESTED FINANCING: To construct economy motel a Business ur pose to be served To provide modern, attractive, economicalPP sleeping rooms, and to provide jobs to the area. b. Public purpose to be served. 7. BUSINESS PROFILE: a. Number of employees in Maplewood: Before this project After this project b. Projected annual sales: $ 400, c. Projected annual payroll: $80,,000 Full Time Part Time 8. NMIE S OF: a. Financial consultant for the business Don Zibell, of Boulay, Heutmaker, Zibell & Company, Edina, Mn. b. Legal counsel for the business Dorsey & Whitney c. Corporate counsel Dorsey & Whitney 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start: October 1, 1982 b. Construction completion April 15, 1983 Chayton Corporation, for Emerald Inn of Maplewood Name f Applicant Signature of AuthorifeA Representative S ah Cap cry tU1ree Title Date the following items must be submitted with this application to the Community Development Department. 1. A $500.00 filing fee 2. A resolution setting a hearing date 3. An application to the Commissioner of Securities for approval of Municipal Industrial Revenue Bond project If you have any questionsons on items 2 or 3 call the City Clerk, Lucille Aurelius, 770 -450 MORTGAGE REVENUE NOTE CRITERIA Adopted 10- A. Definitions 19 Existing Business shall 'be defined as a presently operating industrycommercialenterprisewithat1YoP9ustry or the Cit east one year of operation al hi stor withinyythin 2. New Business shall be defined as any industrial or c •which does . as an commercialal enterpr senotqualifYexistingbusiness. B. Project Eligibility Guidelines 1. The project shall be c with the overall develoicompatiblewi mentCty, including the Comprehensive P plans of thePlan, Zoning, and Commune t Design 'Board Standards Y g Review 2. The project shallll not require a significant am • improvements such unt of public expendituresforCihasroads, sewers , and waterma i ns 3. The project shall involve an • exand or ex sti r9 business that the wishes tpanewbusinesswhichtheCitywish °y es to attract: a . Existing Business Criteria Any expansion, relocation, •or rehabilitationitation of an existing businessS b. New Business Criteria 1. Offers significant new em p 1thenatureofthe oyment, opportunities, based uponuse, on a year around basi 2. The project involves the rehabilitationbi1 to t on of a vacant or .scheduledtobevacatedstructure, or 3. The proposed location i 's within n a des i gnated develop or rementtargetarea, and p develop- 4. Possesses a low Potential f -or creating Pollution.ut or. 40 The number of businesses of h •of t he same general nature n the area oproposedprojectshallbeconsidered f the n determing the need for commercialrevenuenotefinancing, 5. The note shall be for an i ss ue of not less than $300,000 6. Construction must beging within one year of prel imi nar aY pproval. g I A. 1 C. Application Processing Guidelines 1. City financing of the project shall be limited to the issuance of a single mortgage revenue note, to be marketed as a provate placement, 2. Final approval shall not be granted . by the City Council until the project has received approval with respect to zoning, s i t e design, building design, or platting. 3. The applicant shall sign a memorandum- of agreement providing that they will pay all costs involved in the legal and. fiscal review of the proposed project and all costs involved in the issuance of notes to finance the project. 4. The City reserves the right to deny any application for financingn at an 0* y stage of the proceedings pr to adopting the resolution authorizingissuanceofthenote. The purpose of the above date is to evaluate your proposal under City laws and policies. You may refuse to provide this data. Refusal, however, may jeopardize approval of your application. The above information will be made public to all who request it. 2 CM-00424-01 This Application must be submitted to the Commissioner in duplicate, STATE OF MINNESOTA DEPARTMENT OF ENERGY, PLANN.I NG AND DEVELOPMENT BUSINESS SERVICES Application - For Approval of Municipal Industrial Revenue Bond Project •= Date To: Minnesota Department of Energy, Planning and Development Business Services 480 Cedar Street St. Paul , 61N 55101 The governing body of Maplewood ,County Of Ramsey Minnesota, hereby applies to the Commissioner of the State of Minnesota Department of Energy, Planning and Development, for approval of this community's proposed muni ci pal Industrial Revenue Bond Issue, as required by Section 1, Subdivision 7 Chapter 474, Minnesota Statutes. - ' I We have entered into prelimi discussions with: Corporation or partnership to be formed consisting f the Firm followin eo le: J g Judson Da ton Chute, Dr.Ed Chute , David Chute and Arthur B. JohnsonAddressR . City Minneapolis State Minnesota State of Incorporation. Minnesota Attorne Dorsey & Whitney Address Minneapolis, syP Minnesota Name of Project Emerald Inn Pro ect This firm is engaged primarily in (nature of business: real estate developmen The funds received from the sale of the Industrial Revenue Bonds will be used to general nature of project) • acquire. land.* construct and equip a 66 unit Emerald Inn }1AtPl It will be located i n Maplewood The total bond issue will be approximately $ 1 0 0 000 to be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acquisition and Site Development 225000 _ Construction Contracts 91.5 r 000 Equipment Acquisition and Installation 1521000 Architectural and Engineering Fees 27,000 Legal Fees 5 0, 000 Interest during Construction 40,000 • Initial Bond Reserve o- Contingencies Commitment and Letter of Credit fees 50,000 Development Fees 25 , 00 Utility Hook -Up Charges 16,000 It is presenti i y L.,,u L- %,. %a .. don or about Apri 1 1 1982. When completed , 19 ,and ti 11 be complete • ______ approximately. 25 new fobs created by the project at an annual there • w 11 be app r • y currently prevailingin wag es.f a roximately $ 0 0 based upon cu y, 9 y payroll o pp he f is 10 years, commencing The tentat ve term of 9 19 82 October 1 , furnished with this application and are incorporated The fol.1014 in exhibits a r e herein by reference: 1. An opinion of bond counsel that the prop osal constitutes a project under Minnesota State, Chapter 474.020 givingn2, A co of the city council resolution g g approval for thepreliminaryPy issuance of its. revenue bonds* ci alit indicating hove the project 3.. A comprehensive statement by the muny satisfieses the publc • • pu of Minnesota State Chapter 474.010 4. A letter of intent to purchase the bond .'issue or a letter confirming the feasibility of the project from a financial - standpoint. re resentati ve of the issuing. 5. A statemo ..> >t, signed by the principal p - ffect that upon entering into the revenue agreement,author ity, to the e P Will berequiredredbMinn. States Ch. 474 Subd . 8 Wi the information ea y submitted tot Department of Energy, Planni and De vel o pment. alAstatement, signed by the principalp representative of the issuingP includeude anauthorit , that the project does not any property to be sold orPy production of propertyffixedtoorconsumedintheproductn for sale, and doesPP not i any housing facilit to be rented or used as a permanent residence representative of the issuing authority, A statement, signed by the principal represe 1. Subd . 7b.7 ' pursuant to Minn. Stat. 474. that. a publicc hearing was conducted p -p time and lace of the meeting and that The statement shall include the. date, P . afforded an op portuni ty to express their vie all interested part were 8. A co of the notice of publication of the public hearing. elected representativesves of Maplewood Ie the unders gned , are duly P so • approval of this project at your earliest convenience Minnesota, solicit your app that are may carry it to a •final conclusion. s of Issuingn . Principal Off i cers or Representative 9 Authors ty S9ned by . approval b the Commissioner or the State Wom approval shall not be deemed to be an y This app or the terms of the leasse to be executed or the of the feasibili of the project . bonds to be issued therefore Date of Approval Commissioner ' Minnesota Department of Energy, Planning and Development v nnv, , . "` _ _ w a 7 . f 3 ZO. B• ! 3Z t-C ^ : - c .,a '' 1 2. r---- Z031 51 28.27• 11- 14 .61 - t o 330 19 4' Qo• 04 IfO ' Appo III N n tM e-- -- 2.. 5 2 a c ' " 5 5 c: • ) ti yL 080 ' o v `t 2..34 2.1 , 1 J A NA/F • a t.,Rv' • s. 070 1 4Q4a r _ TO , Alp ww 1s °5 ,,713 070 I 1. 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RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOT -ICE OF SAID HEARING WHEREAS, a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives muni- cipalities power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; . b) The City Council of the City of Maplewood (the "City ") has received from Judson Dayton, Duncan Dayton, Dr . Edward Chute, David Chute and Arthur B. Johnson, who propose to farm a corporation or partnership the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the Note ") pursuant to the Act; c) Before proceeding with consider - ation of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 10. A Public Hearing on said proposal of the Company. will be held at the time and place set forth in the Notice of Hearing hereto attached . 2. The eneral nature of s9theproposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the . form of Notice of . Hearing hereto attached, 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached, 4. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of* the project, together with ro sed forms of all p attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The City. Clerk is hereby authorized and directed to cause noticeof said hearing tobeiven one publication' ingP the-official newspaper and a newspaper of general circulation available in the City, not less than 15 . days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the C of Ma P1 ewood Minnesota, this day of 1982. Mayor ATTEST: City Clerk NOTICE OF PUBLIC HEARING ON A PROPOSAL FORA COM14ERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota will meet at the City Hall in the City of Maplewood, Minnesota at : 10o o' clock *,,'*me on Monday, August 9, 1982, to consider the proposal of Judson Dayton, Duncan-Dayton, Fred Chute, Dr . Edward Chute, David Chute and Arthur Be Johnson, who propose to form a corporation or partnership (the " Company ") , that the City assist in financing a project hereinafter described by the issuance of an industrial development revenue note. Description of Project Including general location) A 66 unit Emerald Inn hotel to be located next to the Perkins restaurant and fronting on County Road D in the southeast guadrant of the intersection of I -694 and White Bear Avenue The ' estimated principal amount of bonds or other obligations to be issued to finance this project is $1,500,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable f roan sums to be paid by the Company pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspectPnbeginning - from W-"P o' clock .m. to o cloc Monday through Friday, at the office of the City Clerk. A As At the time and. place fixed for 'sazd Public HearintheCityCounciloftheCity g , whoa l ty of Maplewood wi 11 give a l 1 eappearatthehearinganostun , p rsons e P 1tY to express their viewswithrespecttothproposal. Dated this d --ay ° f 1982* BY ORDER OF THE CITY COUNCIL) By City Clerk U ji t CSA'BLES W BRIGGS (1867 - 1978) J. NEIL MORTON k COLE OEHLER A. LAURENCE DAVIS FBAxx E AMxoND LEONARD J. KaYEs B.C. HART JOHN M. SULLIVAN BERNARD P. FBIEL BURT E. SWANSON M -J. GA.LVIN,JR. DAVID C. FORsBERG JOHN J. MCNEELY GERALD H.SWANSON MCNEIL V._SETMOUH,JR. TERENCE N. DOTLE RICHARD. H. KYLE JONATHAN H. MOaoAx JOHN L. DEvNET R. L.SORENSON PETER H. SEED PHILIP L. BRUNER SAMUEL L. RANSON RONALD E.ORCHARD JOHN R. KExzricE JOHN R. FRIEDMAN DAVID J. SPENCER DANIEL J. COLE, JR. PETER W SIPHINS DOUGLAS L. SHOR MICHAEL . H. JEaoxIMUS R. SCOTT DAMES . JAMES W. LITTLEPIELD JOHN B. VAN DE NORTH, JR. STEVEN Z. KAPLA.N RicHARD G. MARH ANDREW C.BECHER JEROME A. GEIs STEvE A. BRAND i LAW OFFICES BRIGGS AND MO:RGAN P80FESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANH BUILDING SAINT PAUL, MINNESOTA 55101 2452 I D S CENTER MINNEAPOLIS, MINNESOTA 55402 612) 291 -1215 July 6, 1982 MASH W. WESTRA ALAN H. MACLIN JEFFREY F. SHAW DAVID G. GREENING DAVID B. SAND BETTY L. HUM CHARLES R. HAYNOR ROCCO J. MAFFEI, JR. ANDREA M. BOND MARTIN H. FISH JOHN BULTENA ROBERT L. DAVIS RICHARD H. MARTIN TRUDY H. SCHROER MARY L.IPPEL DAVID J. ALLEN ROBYN L. HANSEN MARGARET K. SAVAGE JEANNE M. FORNERIS BRIAN G. BELISLE TONY R.STEMBERGER MARY SCHAFFNER EVINGER MICHAEL H. STREATER STEVEN T. HAI.VERSON RICHARD D. ANDERSON SALLY A.SCOGGIN JAMES F. CHEISTOFFEL DAVID C. MCDONALD BRUCE V4 MOOTY VIRGINIA A. DWYER TRUDY R.GASTEAZORO ELIZABETH J. ANDREWS PETER C. HALLS CHARLES B. ROGERS OF COUNSEL RICHARD E. KYLE SAMUEL H. MORGA_*t FRANH N. GRAHAM Mrs. Lucille Aurelius City Clerk City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Dear Lou: REPLY TO Saint Paul Re.* City of Maplewood. - $3,200,000 Commercial Development Revenue Note of 1982 St. Paul Business Center Project) In connection with the above referenced matter are two copies of the Final Note Resolution which is scheduled to be acted upon at the July 12 Council meeting. Prior to the Council meeting I will forward to you the following documents: 1. Loan Agreement 2. Pledge Agreement 3. Combination Mortgage, Security Agreement and Fixture Financing Statement 4. Assignments of Rents and Leases 5. Construction Loan Agreement t 6. Guaranty If you have any questions please do not hesitate to contact me. Very truly yours, MLI:jat Mary Ippel Enc. FINAL NOTE RESOLUTION CITY OF MAPLEWOOD 3,200,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 198 ST. PAUL AUSINESS CENTER PROJECT) Adopted: 1982 M 1 The cover sheet and this table of contents are not a part of the attached Resolution, but are included by Bond Counsel for convenience manly.) TABLE OF CONTENTS Pale ARTICLE ONE DEFINITIONS,LEGAL AUTHORIZATION ANDFINDINGS 1 Section 1 -1.Definitions ......................1 Section 1 -2.Legal Authorization.*****.****...3 Section 1 -30 Findings .........................4 Section 1 -4.Authorization and Ratification of Project.......................5 ARTICLETWO NOTE 6 Section 2 - .1.Authorized Amount and Form of Note ..........................6 Section 2 -2.The Note .........................16 Section 2 -3.Execution ........................16 Section 2 -4.Delivery of Note .................16 Section 2 -5.Deposition of Note Proceeds......17 Section 2 -6.Registration of Transfer.........17 Section 2 -69 Mutilated, Lost or Destroyed Note .............................18 Section 2 -7.Ownership of Note ................18 Section 2 -8.Limitation on Note Transfers.....18 ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY...19 Section 3 -1.Prepayment.......................19 ARTICLE FOUR GENERAL COVENANTS .....................20 Section 4 -1.Payment of Principal and Interest .........................20 Section 4--2.Performance of and Authority for Covenants ....................20 Section 4-3.Performance of Covenants...*.**..20 Section 4 -4.Nature of Security...............21 ARTICLEFIVE MISCELLANEOUS .........................22 Section 5 -1.Severability .....................22 Section 5 -2.Authentication of Transcript.....22 Section 5130 Registration of Resolution.......22 Section 5 -4.Authorization to Execute Agreements .......................22 t NOTE RESOLUTION RESOLVED by the City Council of the City of Maplewood, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of Rents and Leases: the agreement to be 0executedbytheBorrowerassign ng all the rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereon; Bond Counsel the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, or any other firm of nationally recognized bond counsel, and any opinion of Bond Counsel shall be a written opinion signed bpgy such Bond Counsel; Borrower St. Paul Business Center, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City the City of Maplewood, Minnesota., its successors and assigns; Construction Fund: the fund established by the City pursuant to this Resolution and into the Proceeds Account of the Construction Fund the proceeds of the Note will be deposited; t f Construction Loan Agreement the agreement to be executed by the City, the Borrower and the Lender, relating to the dis- bursement and payment of Project Costs for the construction and installation of the Improvements and the refunding of the outstanding principal amount of the Prior Note; Guarantors: collectively, William S. Rei ling and Donald Bachmeier ; Guaranty the guaranty of the payment of , among other things, the principal of and interest on the Note to be executed by the Guarantors as of the date of this Agreement; Improvements the structures and other improvements, including any tangible personal property, 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 right describedescribed in Exhibit A attached to the Loan Agreement; Leases: leases of space in the Project between the Borrower and various tenants, including any amendment thereof or supplement thereto, entered into in accordance with the provisions thereof; Lender: First National Bank of Minneapolis, in Minneapolis, Minnesota, its successors and assigns; Loan Agreement the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Mortgage:a the Combination Mortgage, Security Agreement and Flxture Financing Statement between the Borrower a, mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon including any mortgage supplemental thereto entered into in accordance with the provisions thereof; Note the $3,200,000 Commercial Development Revenue Note of 1982, (Sto Paul Business Center Project) to be issued by the City pursuant to this Resolution; Note Register the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; 2 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; Pledge Agreement: the agreement to be executed by the City.and the Lender pleding and assigning the Loan Agreement to the Lender; Principal Balance so much of the principal sum on the Note as remains unpaid at any time; Prior Note: the Commercial Development Revenue dote of 1981 St. Paul Business Center Project; 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 and all costs to refund the. outstanding principal amount of the Prior Note; Resolution this Resolution of the City adopted 1982, authorizing the issuance of the Note, together with any supplement or amendment thereto. All references in this instrument to designated Articles," "Sections" and other subdivisions are to the desi -g nated Articles, ;Sections and subdivisions of this resolution as originally adopted. The words "herein," "hereof" and "hereund- er" and other words of similar import refer to this Resolution as a whole not to, any particular Article, Section or subdivis- ion . 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. 3 1-39 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 accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and the execution of the Loan Agreement, the Pledge Agreement, the Note and the Construction Loan Agreement, which documents specify certain terms and conditions of the acquisition and financing the Improvements to be included in the Project; 3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the pub - lic 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 development of revenue- producing enterprises to use the available resources of the community, in order to retain the benefit of the commun- ity's existing investment in educational and public service facilities helping to provide necessary health care facilities to the end that adequate health care services be made avail- able to residents at reasonable cost) ; the halting of the movement of talented, educated personnel of all-ages to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facil- ities; the provision of accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and 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 aggregate principal amount of 3,200,000 as hereinafter provided; 4 5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of refunding the outstanding principal. amount of the Note and to complete the financing of the Improvements to be included in the Project; 6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within- the meanin g of any constitutional or statutory limitation and do not consti- tute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City are pledged for the payment of the Note or interest thereon; and 7) the Note is an industrial development bond within the meaning of Section 10 3 (b) of the Internal Revenue Code and is to be issued within the exemption provided under ,subpara ra hgpD) of Section 10 3 (b) ( 6) of the Code with respect to an issue of $10,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemptio if, and to the extent, such exemption is permitted by law and consistent with the objects and ur osesPP of the Project. 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 provide for the acquisition, construction and installation of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids , as may be required for the construction and acquisi- tion 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 authorityandincompliancewiththePlansandSpecifications. 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 appropri- ate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to 3,200,000 unless a duplicate. Note is issued pursuant to Sec- tion 2 -6. The Note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY C ITY OF MAPLEWOOD Commercial Development Revenue Note of 1982 St. Paul Business Center Project) 3 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota (the "City ") , hereby promises to pay the First National Bank of Minneapolis (the* "Lender ") , its succes- sors or registered assigns (the Lender and any such successor or. registered assignee being also sometimes hereinafter referred to as the "Holder ") , from the source and in the manner hereinafter provided, the principal sum of THREE MILLION TWO HUNDRED THOUSAND DOLLARS ($3,200,000) or so much thereof as re- mains unpaid from time to time (the "Principal Balance"), with interest thereon at the rates specified in paragraphs 1(a) and 1(b) hereof (the "Tax Exempt Rates ") or at such higher rate as provided in paragraph 1(c) hereof (the "Taxable Rate ") , in an 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 10 (a) From and after the date hereof through and including January 1, 1983, interest only shall be paid at the rate of $ per annum. Interest shall accrue from the date hereof and shall be payable on the first day of the calendar month next succeeding the date hereof and on the first day of each and every month thereafter through and including January 1, 19839 b) . Commencing on February 1, 1983 and on the first day of each calendar month thereafter, the Principal Balance shall be amortized in.equal consecutive monthly installments of principal and interest the amount of each of which is to be calculated on an assumed thirty-year amortization with interest from January 1, 1983 at the rate of per annum and a final installment on July 1, 1992 the."Final Maturity Date ") which shall be equal to the unpaid Principal Balance and accrued interest thereon. Any payment shall be applied first to accrued interest and thereafter to reduction of the Principal Balance. 7 c) (i) In the event. that the interest on this Note shall become .subject to federal income taxation pursuant to a Determination of Taxability (as hereinafter defined) , the interest rate on this Note shall he increased, retroactively effective from and after the Date of Taxability (as hereinafter defined) to percent ( %) per annum (the Taxable Rate ") , provided, however, that in no event shall the Taxable Rate for any period be less than the Tax Exempt Rate otherwise in effect for the same period. The City shall immediately upon demand pay to the Holder and to each prior Holder affected by such Determination of Taxability an amount equal to the amount by which the interest accrued retroactively at such increased rate from the Date of Taxability to the date of payment exceeds the amount of interest actually accrued and paid to the Holder and any such prior Holder during said period. (Such obligation of the City shall survive the payment in full of the principal amount of this Note) . Commencing on the Payment Date next following the date of payment of such additional interest and continuing on each Payment Date there- after (unless the Holder shall accelerate the maturity of the Note pursuant to clause (ii) of this paragraph (c)), this Note shall be payable as follows: A) if , amortization of the Principal Balance had not theretofore commenced under paragraph (b) hereof , the monthly payments of interest only hereunder shall be increased to ref lest the accrual of interest at the Taxable Rate and the monthly installments of principal and interest payable commencing with the February 1, 1983 payment shall be recomputed on the basis of the Taxable Rate on an assumed thirty year amortization; or B) if amortization of the Principal 'Balance had theretofore commenced under paragraph b) hereof, the Principal Balance shall be payable in equal monthly installments in amounts sufficient to amortize the Principal Balance over the period ending on the Final Maturity Date, and accrued interest at the increased Taxable Rate shall be payable with each principal installment. ii) Upon a Determination of Taxability, the Holder may declare the entire Principal Balance of this Note together with accrued interest thereon at such retroactivelyincreasedTaxableRatetobeimmediatelydueandpayable,together with the prepayment premium, if any, specified in paragraph 8 hereof. iii) The Holder shall give notice, as soon as practicable, to the Borrower of an Notice of Taxabi 1 it • Y y' as hereinafter defined, received by the Holder and permit the Borrower to contest, litigate or appeal the same at its sole expense. In the event any such contest, litigation or appealisundertaken, the increased interest provided in paragraphb)(i) shall neverthel P nevertheless, be payable to the Holder and shall be held by the Holder in escrow (without paying interest thereon) pending final disposition of such contest, litigationorappeal, provided that the Borrower shall indemnify and hold harmless the Holder and each prior Holder from any and all penalties, interest or other liabilities which they Yma incur on account of such contest, litigation or appeal. iv) The terms "Determination of Taxability,"Date of Taxability" and "Notice of Taxability" shall have the meanings ascribed to such terms in the Loan Agreement, dated the date hereof (the "Loan Agreement"), between the City and St. Paul Bus Center (the "Borrower " . 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 penalty, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but chargedfortheactualnumberofdaysprincipalisunpaid. 3. Principal and interest and any premium due hereunder shall be payable at the principal office of the Lender, or at such other place as the Holder may designate in writing. 4. This Note is issued by the City to refund the outstanding principal amount of the Commercial Development Revenue Note of 1981 Paul Business Center Project) and to complete the financing of a Project, as defined in Section 474.02, Subdivisions la, Minnesota Statutes, consisting of the construction and installation of an office complex of four buildings containing office /warehouse s ace pursuant to tp . p he 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 1982 (the "Resolution "). 9 5. This Note is secured by- a Pledge Agreement of even date herewith by the City to the Lender (the "Pledgeg Agreement ") , a Combination Mortgage, Security Agreementreemen.t and Fixture Financing Statement, of even date herewith among the Borrower and Daniel W. Fourre, James D. voigt and Robert L Re i 1 ing and their respective souses as mortgagor,P , and the Lender as mortgagee (the "Mortgage. ") by an Assignment of Rents and Leases, of even date herewith, from the Borrower to the Lender (the "Assignment of Rents and Leases ") and a GuarantyfromWilliamS. Reilin and Donald F3g achme ier to the Lender . (theGuaranty"). The proceeds of this Note shall be placed in the Proceeds Account the Construction Fund established pursuant to the Resolution and the Construction Loan Agreement hereinafter ref erred to) and disbursement of the roceedproceeds of this Note from the Construction Fund is subject to the terms and condit ions of a Construction Loan eherewithanion Agreement of even date - g t g the Lender, the City and the Borrower (the Construction Loan Agreement ") . 60 The Holder may extend the times of payments of interest and /or principal of or an penalty or premiumYpYP due on this Note, including the date of the Final Maturity Date, to the extent permitted by law, without notice to or consent of any party liable hereon and without releasing any such art GpyHowever, in no event may the Final Maturity Date be extended beyond thirty (30) years from the date hereof, 7. The Borrower may pre ay the Principal Balance inwholeorinpartinincrementsofF100,000 on any Paymentent Date upon at least 30 days advance written notice to the Holder (or such lesser period of notice as the Holder may approve) and upon payment of an amount equal to the principal amount being so prepaid, plus accrued interest hereon to the date of prepayment, plus the prepayment premium calculated in accordance with paragraph 8 hereof. This Note is also subjecttomandatoryprepaymentinwholeorinpartpursuanttoSection 2.1 of the Construction Loan Agreement in the amount of any sums remaining in the Proceeds Account of the Construction Fund at the Completion Date (as such terms are defined in the Construction Loan Agreement) , in which event a prepayment premium shall also be payable in accordance with ara rah 8pgphereof, and the time of such prepayment may not be extended pursuant to paragraph 6 hereof. Upon the occurrence of certain 10 Events of Default" under the Construction Loan Agreement and /or under the Mortgage, and as provided in paragraph 12 hereof, the Holder may declare the Principal Balance and accrued interest on this Note to be immediately due and payable any such action and any similar action pursuant to paragraph 1(c) (i i) hereof being hereinafter referred to as an acceleration" of this Note) , in which event a prepayment premium shall also be payable in accordance with paragraph 8 hereof, Upon the occurrence of certain events of damage, destruction or condemnation, the Holder may, as provided in the Mortgage, apply the net .proceeds of any insurance or condem- nation award to the prepayment, in whole or in part, of the Principal Balance in which event a prepayment premium may beY payable in accordance with paragraph 8 hereof. 8. (a) If at the time of any prepayment on or prior to July 1, 1987 or acceleration of this Note occurring prior to July 1987, the Borrower shall pay, together with premium, if any, set forth in paragraph (b) hereof an amount equal to 1-1/2% of the amount of principal so prepaid notwithstanding the foregoing, no such prepayment premium shall be payable with respect to a prepayment made at the option of the Holder pursuant to Article Five of the Mortgage or Section 5.02 of the Loan Agreement unless an Event of Default had occurred under the Loan Agreement or the Mortgate at or P rior to time such prepayment is made, b) If at the time of any prepayment or acceleration of this Note, the yield on U.S. Treasury securities (as published by the Federal Reserve Bank of New York) having a maturity date closest to the Final Maturity Date the "Government Yield "), as determined by the Holder as of the date of prepayment or acceleration, is less than $, the Borrower shall pay a premium calculated as follows: (a) The amount of principal so prepaid shall be multiplied by (i) the amount by which % exceeds the Government Yield as of the date of prepayment or acceleration, times (ii.) a fraction, the nuerator of which is the number of days remainimng to the Final Maturity Date and the denominator of which is 360. (b) The resulting product shall then be divided by the number of whole. months then remaining to the Final Maturity Date, yielding a quotient (the "Quotient ") . (c) The amount of the prepayment premium payable under this paragraph shall be the present value on the date of prepayment or acceleration (using the Government 11 Yield as of the date of prepayment or acceleration as the discount factor) of a stream of equal monthly payments in number equal to the number of whole months-remaining -to the - - Call Date, with the amount of each such hypothetical monthly payment equal to the Quotient and with the first payment pay- able on the date of prepayment or acceleration notwithstanding the foregoing, no such prepayment premium shall be payable with respect to a prepayment made at the option of the pursuant to Article Five of the Mortgage or Section 5.02 of the Loan Agreement unless an Event of Default had occurred under the Loan Agreement or the Mortgate at or prior to time such prepayment is made. 9. The payments due under paragraph 1 hereof shall continue to be due and payable in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transfer- able upon the books of the City at the off ice of the 'City Manager by the Holder in person or by his agent duly authorized in writing, at the Holder's expense, upon surrender hereof together with a written ins rument of transfer satisfactory to the City Clerk duly execute ,by the Holder or his duly authorized agent. Upon such transfer the City Clerk will note the date of registration and the name and address of the new registered Holder in the registration blank appearing below. The City may deem and . treat the person in whose name the Note is last.registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 11. This Note and interest hereon and any premium due hereunder are payable solely from the revenues and proceeds under the Loan Agreement pledged to the payment thereof pursuant to the Pledge Agreement, except as the same may otherwise be payable in accordance with, the Mortgage, the Guaranty and the Assignment of Rents and Leases, and do not 12 constitute a debt of the City within the meaning f anyYconstitutionalorstatutorylimitationarenotpayable from orachargeuponanyfandsotherthantherevenuesandroceedspledgedtothepaymentthereofP P Ym , and do not give rise to a pecuniary liability of the City or, to the extent permitted blaw, of any of its officers, agents or m y g employees, and no holderofthisNoteshalleverhavetherighttoancompelexercisePYofthetaxingpoweroftheCitytopaythisNoteortheinterestthereon, or to enforce a ent 'P yrn thereof against anypropertyoftheCity, and this Note does not constitute a charge lien or encumbrance, legal or equitable, i table upon aq , P anypropertyoftheCity, and the agreement of the City to performorcausetheperformanceofthecovenantsandotherprovisionsherereferredtoshallbesubjectatalltimestothe 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, 12. It is agreed that time is of the essence of thisNote. If the City defaults in the payment when due of an or in yinstallmentofprincipalinterestoranypremiumorpenaltyduehereunderandif. said default shall have continued for aperiodoften (10) da s , or i f an Event of DefaultYeault shall occur as set forth in the Mortgage, the Construction Loan AgreementortheLoanAgreement, then the Holder shall have the right and option to declare the Principal Balance, and accrued interest thereon, ratogetherwiththepremiumspecifiedinparagraphh 8 hereof, immediately due and payable but solely from the sources specified in paragraph 11 hereof. Failure to exercise suchoptionatanytimeshallnotconstituteawaiveroftherighttoexercisethesameatanysubsequenttime. 13. The remedies of the Holder, as provided herein and in the Mortgage, the Assignment of Rents and Leases the Guaranty, the Loan Agreement and the Construction Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or togetheratthesolediscretionoftheHolder, and may be exercised asoftenasoccasionthereforshalloccur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof, 13 14. The Holder shall not be deemed, by any act of omission or. commission, to have waived any of its rights or remedies • g e s hereunder unless such waiver is in writing and signed by the Holder, and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. IT IS HEREBY CERTIFIED AND RECITED that all condi- tions, acts and things required to exist, happen and be erform- ed r p precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law, IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor, City Clerk, and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated 1982. CITY OF MAPLEWOOD, MINNESOTA Mayor ATTEST: City Clerk SEAL) 14 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, Minnesota, in the name of the holder last noted below. Date of Name and.address Signature of Cit Registration Reglst.ered owner Clerk First.National Bank of Minneapolis First Bank Place East Minnea olis , .NAT 55480 15 2 -2. The Note. The Note shall be dated as of the date of delivery and shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor, City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall Cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Clerk or such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without. further act or authorization of the City Council execute and deliver the Note. 2 -40 Delive of Note The offer of the Lender to purchase the Note upon the terms recited herein and in the Loan Agreement, at a p rice equal to the total principal amount of the Note, is found to be reasonable and advantageous to the City and is accepted. Before delivery of the Note there shall be filed with 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 Assignment of Rents and Leases; E) the Construction Loan Agreement, F) the Guaranty; and G) a cost certificate signed by the Borrower certifying the use of the proceeds of the Note. 16 2 -7. Mutilated, Lost or Destroyed Note In case any Note issued hereunder shall become muti- lated or be destroyed or lost, the City shall, if not then prohibited by Taw, cause to be executed and delivered, anew Note of like outstanding .principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that . such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in I accordance with its terms it shall not be necessary to issue a new Note prior to payments 2 -8. ownership of Note The City may deem and treat the person in whose name the Note is last registered in the Note Register and by nota- tion on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal ' Balance, redemption price or interest and for- al.l other purposes whatsoever, and the City shall not affected by any notice to the contrary. 18 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3 -1. Prt2ayment The Note may be prepaid in accordance with the provi -- sions of the Note. 19 ARTICLE FOUR GENERAL, COVENANTS 4 -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, from the source and.in the manner provided herein and in the Note. The principal and, interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty and the Assignment of Rents and Leases, which.revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Pledge Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage and the Assignment of Rents and Leases; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 4 -29. Performance of and Authorit for Covenants The City covenants that it will faithfully perform at all times any and all of its covenants, undertakings, stipula- tions and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota -including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note and the Loan Agreement and Assignment of the Loan Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable obligation of the City according to the terms thereof. 4 -3. 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 4 -4. 20 4 -4. Nature of Security Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Rents and Leases, the Loan Agree- ment, the Pledge or any other document referred to in Section 2 -4 to the contrary, under the provis .ions of the Act the Note may not be payable from or be a charge upon . any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall not constitute a. charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment of Rents and Leases, the Construction Loan Agreement, the Guaranty and the Act, and by authority of the Act the City has made the covenants and agreements 1ierein for the benefit of the Lender; provided that in any event, the agreement of the City to perform the covenants and other provisions contained in the Note, the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement shall, be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance, and the City shall not be subject to any personal or pecuniary liability thereon . 21 ARTICLE FIVE MISCELLANEOUS 5 -1. Severability If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or juris. dietions or in all jurisdictions or in all cases because it conflicts with provisions of any constitution or statute or rule or public policy, or for any other reason, suc'n circum- stances shall not have the effect of rendering the P rovision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other rovision or provisionsPPos herein contained invalid, inoperative, or unenforceable to anyextentwhatever. The invalidity of any one or more hrases sentences, P nce , clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 5 -2. Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all docu- ments referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 5-3* Registration of Resolution The City Clerk is authorized and directed ' to cause a Copy of this Resolution to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 5 -4. Authorization to Execute Agreements The forms of the proposed Loan Agreement, the Pledge Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage and the Assignment of Rents and Leases are hereby approved in substantially the form presented to the City Council,. together with such additional details therein as may be necessary and appropriate and such modifications thereof, 22 deletions therefrom and additions thereto as. may be necessary and appropriate and approved by . Bond Counsel prior to the execution of the documents* The Mayor and the City Clerk of the City are authorized to execute the Loan .Agreement, the Pledge Agreement, and the Construction Loan Agreement in the name of and on behalf of the City and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do . all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof* Adopted: 1982. Mayor of the City of Maplewood Attest: City Clerk 23 i June 21, 1982 MEMORANDUM To City Manager Barry Evans From: Acting Chief of Police Thomas HagenSubject: On -Sale Liquor License A l i cati on of Jeffreyey Scott Schwartz,Supervisor of Brothers, Inc., Restaurant, dba The Brothers -In -L a w ,Inc. A background investigation of Mr. Schwartz has been completed. We f'which would p endnothingdprecludeJeffreyS. Schwartz from 9obtaining an on -salelicense. F "..' I A further check reveals Brothers -In -Law, Inc., was recently incorporatedporatedi.n Minnesota, listing Sherman Richter and Charless R. Schwartz as directors.The Minnesota Liquor Control Commission advises the have no licensessesissuedtoBrothers-In-Law, Inc., nor to Sherman Richter or Charles R. Schwartz. TLH: i s cc City Clerk Liquor F i l e 82- 005614 CITY OF MAPLEWOOD JUN 31982 APPUCATION IMOXICATING 01DOR41 : E ISIS APPLICATION SHALL BE SUBMITTE Whoever `hall knowingly IN DUPLICATE. deemed gull lY lad Wilfully falsify the answers to the followitypenuryandshallbepunishedaccordingly . ng questionnaire shall be In answering the ,follow Poration one officer shall inS questions KAPPLICANTS" shall be governed asexecutethisapplicationforallofficers, directors and oc follows: Fora Cor-aership one of the "APPLICANTS" shall ex kholders. Fora art-execute this application for st all inembers of the partnership.P EVERY QUESTION MUST BE ANSWERED - l. 1 Jeffrey Scott Schwartz as Su ervi sor Individual owner, officer or partner) for and in half nf himself hereby apply for as On 'Sale Intoxicating_ Liquor License to be located at a Shoppin Centpr _ i n i c *.,L 2__ k 1. Maplew Give address and 1e9a1 description) in the City of Maplewood, County of Ramsey, State of M'95 of Maplewood, lnnesota, in accordance with the provisions of Ordinance No. 2. Give applicants ' date of birth: 14th day of April, 1957 Day) (Month) (Year) t The residence for each of the applicants named he treinforthepastfiveyearsisasfollows868EastThirdStreetSte, Paul Minnesota qqi Pa kwa , Minneapolis Minnesota.51.6 Hillcrest 7 T1T . 4. Ia the applicant a citizen of the United States?Yes. If naturalized state date and place of natu •2'8112 atlo If a corporation or partnership state ' ' .cituenshlp including naturalization of each officer or artn rpe. r b. The person who executes this application shall eve wffe s or husband's full name and address.Stephanie Ann Schwartz 868 East Third Street St. Paul f MN 5510 66• What occnp`ations have pplicant and associate ,s in this application followed for the past five years?a ounsel r at Gui d of tholi Women, St. laul; (bl Mailing Of Bernie's, Inc., a restaurant. romotion clerk - -Ja s —Olson Pri ng. Minneapolis; and (c) Manager G t 7. If partnership, state name and address of each partner Not appl i c ah 1 P = If a corporation, date of incorporatio state in which incorpora ., amount of authorized capitalization amount of paid in capi if a subsidiary of any other corporation, so stat give purpose of corporatio name and address of all officers, directors and stockholders and the number of shares held by each: Name) (Address)City) If incorporated under the laws of another state, is corporation authorized to do business in this State? Number of certificate of authority I If . this application is for a new Corporation, include a certified copy of Articles of Incorporation and By -Laws. 8. On what floor is the establishment located, or to be located? _ a r n u n ti..I eve l 9. If operating under a zoning ordinance, how is the location of the building classified? _ In L-QM rrr i A 1 . . Is the building located within the prescribed area for such license? s 10. Is the establishment located near an academy, college, university, church, grade or high school? JNQ.- - State the approximate distance of the establishment from such school or churc 11. State name and address of owner of building— Maplewood Square Associates, 2125 DeSoto, St, Paul, MN 55117 has owner of building any connection directly or in- directly, with applicant ? 12. Are the taxes on the above property delinquent? No. 13. State whether applicant, or any of his associates in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so, give date and details No. 14. Has the applicant, or any of his associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details No. 15. State whether applicant, or any of his associates in this application, during that past five years were ever convicted of any Liquor Law violations or any crime in this state, or any other state, or under Federal Laws, and if so, give date and details No . 16. Is applicant, or any of his associates in this application, a member of the governing body of the municipality in which this license is to be issued? No. If so, in what capacity? 17. State whether any person other than applicants has any right, title or interest in the furniture, tinctures, or equipment in the premises for which license is applied, and if so, give names and details 1, The Brothers -in -Law, Inc. -- owner. 2. Gelco Leasing, security interest in furniture, fixtures and equipment, pursuant to lease purchase transaction. Gelco Rental an Leasing, 1 Gelco Drive, Eden Prairie, 14N 55343. 8. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? No *.. Give name and address of such establishmen 19. Furnish the names and addresses of at least three business references, including one bank refer - enc Mr. Stan Gaffin, Vice Pres, ident Zapp National Bank, St. Cloud, MN; Mr. Robert Ryan, Administrator, Guild Ha11, 286 Marshall, St. Paul, MN; Mr. Thomas Holm, Director of Management, Minnesota School of Business, 11 South Fifth Street, Minneapolis, MN. 20. Do you possess a retail dealer's identification card issued by the Liquor Control Commissioner which will expire December 81st of this year? Give number of sam No _ 21. Does applicant intend to sell intoxicating liquor to other than the consumer? No. 22. State whether applicant intends to possess, operate or permit the possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice, gam- bling device and apparatus, or permit any gambling therei No . 23. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establishments _____ Restaurant premises are separate from other businesses within the shop iM - c_e_nter. 24. State trade name to be u The Brothers—in—Law 25. State dame of person that will operate store._._. Applicant. ftc • .:::; : - s `: ~ .' • • ` 26. Give Federal Retail Liquor Dealer's Tax Stamp Number None at',present time 27. If off sale license is being applied for, do you intend to deliver liquor by vehicle? -N A t . state number of motor vehicle permits issued by Liquor Control Commissioner for current year. 28. If you are building a new building for the purposes for which this application is being made, please submit plans and specifications with this application. 29. Financing of the construction of this building will be as follows: Not Ap (ex i .9 fi na L 30. Furnish a personal financial statement with this application. If a partnership, furnish financial state- ment of each partner. 31. Give description of type of operation if this is an on -sale license application (i.e. whether cock- tail lounge, nite club, restaurant, etc., specifying capacity by number of customers and any other pertinent data) Sit -down family rest with approximately 208 seats with cocktail lounge seating aparoximately 35. 32. What previous experience have you had in . the operation of the type of business described in the answer to No. 31 above Applicant is cu graduating from the Minneapolis Business Colleg in the field of business management,ge ent, supplementing three years of art -time employment in the restauran field and three years as manager of Bernie's, Inc. 2reviously loca in Minneapolis, Minnesota. 33. Applicant, and his associates in this application, will strictly comply with all the laws of the S fateofMinnesotagoverningthetaxationandthesaleofintoxicatingliquor; rules and regulationsPromulgatedbytheLiquorControlCommissioner; and. all ordinances of the municipality; • andIherebycertifythatIhavereadtheforegoingp ' ' g g questions and that the answers to said questionsaretrueofmyownknowledge. Subscribed and sworn to before me this J_ .1-A- 1 - S,"gnatu a of Applic t) J L r e Schwart JLday of 19.2. % fto A F-tt f,7i1 UL IAABLICA N MUST BE ACCOMPANIED WITH YOUR CHECKN0T/1Ar puC HENNEPIN COUNTY OR THE FIRST LICENSE PERIOD. 14COffOANWOn ExPres A^ 31. VIM JEFFREY SCOTT SCHWART Z Balance Sheet May 26, 1982 ASSETS: Cash on Hand:100000 Home - Market Value:70,000000 Home Furnishings 31500.00 Automobiles:3 , 00.0.00 TOTAL ASSETS:76 0 0.0 0 LIABILITIES: Home Mortgage 48,000.00 TOTAL LIABILITIES:48,000900 EQUITY:281600.00 TOTAL LIABILITIES & EQUITY:76,600.00 Applicant is one of five recipients of certain emergency maintenance and school funds from a spend thrift trust held at the Zapp National Bank, St. Cloud, Minnesota. At approximately age 35, applicant may demand and receive his distributive share of trust balance, approximately $200,000.000 v . wnr ;rr•• .. f . . +rte • ., Vr 1. f . Affidavit of Jeffrey Scott Schwartz AFFIDAVIT OF NOinapplicationforon -sale Liquor MULTIPLE OWNERSHIPLicenseinMaplewoodSquareShoppingOFLIQUORLICENSECenterintheCityofMaplewood. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) JEFFREY SCOTT SCHWARTZ, being first duly sworn, deposes and states as follows: I. That he is the named applicant for an on -sale liquor license in Maplewood Square in the City of Maplewood. 2. That he is at least 21 years of age. 3. That he has not been convicted with the past five years of a criminal offense, save parking violations, within the State of Minnesota or elsewhere. 4. That the license, if granted, would be used in the operation of a sit -down restaurant and cocktail lounge to be known as The Brothers -in -Law. 5. That he does not hold, directly or indirectly, and has no interest in, another intoxicating liquor license within the City of Maplewood or the State of Minnesota. FURTHER AFFIANT SAITH NOT_ Subscribed and sworn to before me this ` day of , 1982. NOTARY PUBLIC F, WILLIAMS 1 NOTARV PUBLIC — &4WNESOTA HENNE COUNTY My ComwswW+ Expel" Jon 31 1 "7 0 pop FREQ BURSTEIN BRUCE J. DOUGLAS B - tiRSTEIN & DOUGLAS ATTORNEYS AT LAW PARKDALE 3, SUITE 300 5354 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 June 17, 1982 AREA CODE 612 TELEPHONE 546 -6S61 Mr. Thomas Hagen Acting Chief of Police 1380 Frost Avenue Maplewood, Minnesota 55109 Dear Mr. Hagen: Pursuant to your request, we enclose herewith the Articles of Incorporation and Certificate of Incorporation for The Brothers -in -Law, Inc. Thank you very much for your most expeditious handling of this investigation. Should there be any further information or data that would be necessary for you to review, do not hesitate to contact us. Again, thank you for all your services hopefully expediting this matter to the Council agenda for the 21st. Yours very truly, BURSTEIN & DOUGLAS Frances Williams, L.A. FW: j lw Enclosures s IefPAIjf • y OF f a _ill LR Whom LTh Prr!Mits khall tin Cctn ,:t•M:: =-f hFr Art I of n , 1.uly sinned and acnowiedg und_r oath - have beer, filed for record in the office of the ar•' f State 2Scc , e r o on the is t day o f 1• __ _ _ _ ` . _ . .D. 19_ 82 '0r trE jnCOr orat*on f .. .. THE BROTHERS P I A11 under and in Staccordancevvnththeprc`sik cif .inncsot a es 3_o 2A aW li rrrf nrf b virtuei , , y of the pc v. e r s and du ties vested r, me b law, as Secretary of State f th Sl.aie v M n •sct -jYoet , I do hereby ctfKthatthesaid THE BROTHERS— IN—LATH I N C . is a leplly or anima ed Corp on nJer t' g u the ld \ . f . r1S S, t t \X/it r c m• I , i :E'' ss y otiCd ina.r -, r 'Uno sib- ::• . t ,J l ,' ' I t r l C' r 1 ? j scrikc (3 n0 if1E' \ :r ('c,. -)% ?Ol th D 'Itc o" t. =.t • . • " her unto aIiix Twentf ! i' y F''1 r s t J o I fit s ,t M III thP y ar 01 cu ord , 7 w 2 _ w 1:'.. one tErusarit nine Il,ncjr arse 'AI g _ :t•1 —Two Kz, 7rj: • ' Secretary of Stat a`` sc •00009 03 nI• •mow. w '' `• w '-' h. .. /. II• •' M • \\• •w/ /' 110 N' ; W/ \ v Y ,• W ` \ \• Nom ••`' ' . • 'M; :;• iii' •• i•^• `•" /, i ~ .•~ Mme• .i•. •N / • /. 1 - :i, •••. / •.'•••.... t .,•• :. { •.' •. r . •••,` j• ..•ii• •.• Z.1 • 1 ''•: !', •.. .:•... • J •w •.. l ' .::•• iii 'tI. , •. ':. j:: l. , t:. :: iii:. t.. ' •• \' ••: ' •jii,.J • 4 t:• :;•:t::t ilt :::s: i: ;t••. , i••... .• i` • ! ,. :•. ::•.::.••: • .. ; .. ...., r•;;....• 1 ;••:::• :.:.: ' •;:t.i1'..• t'" •:' :;;;:• .. t.. :.•. .! :• ,,l• ,;• ,;;....• .;'' t' .. .. i,. !1 ittlr 1 . it! .3 = •.s. (!t ,;.• • .•• „=1•r .!:! :.t %i+ ::. tj't:•:'j i ::••itsi .... !,.! ,i f,t = =;. .i ,Ij•i ..j •'.s . s , •. 1,.t ,. t: .. ,; •• ;,• t . ; :'• i;.s f ., .: tj 't: . , •1 r• 'r •_l::: {. •..•:et •, , r : ;;: .E , .. 1 ... t• ti t {• ;t A' ';. :: \ ... 1: : '! . \. tl 1. ''. 1• 11 tr. 1! t ; :! !.T.r: ; i--- '•'--,. _ .. '+--tip . --:.' -`i `/•--- +•' -• .-- . ;!'•, , ` , . :'L.ti• , \• --'- _ t / — •l +a- . \r— ' --.i /•tom-- L— _ ^ _• —_- - •'%• /- ---\fit v ARTICLES OF INCORPORATION OF THE BROTHERS -- IN -LAW , INC . We, the undersigned incorporators, for the purpose of forming a corporation under and pursuant to the P rovisions of M.S.A. Chapter 342A, known as the Minnesota Business CorporationAct", do hereby adopt, sign and acknowledge the followin g Articles of Incorporation. ATzvr TrT_r• T The name of this corporation is "THE BROTHERS- 121 -LAI- 7 I114C, " ARTICLE II The purposes of this corporation are as follows : To own, hold, rent, control, lease, operate, conduct and engage in the restaurant business, To such extent as a corporation organized under the Minnesota Business Corporation Act of the State of Iinneso a t rya} now or hereafter lawfully do, to undertake, conduct, manage, assist promote-and to engage or participate in every kind of commercial,industrial, manufacturing, agricultural, scientific or other enter- prise, business, undertaking, venture operation of9P every kind and description. To acquire by purchase, exchange, lease, devise or otr.er- wise, and to hold, own, maintain, manage,_ improve, develop and operate, and to sell, transfer, convey, lease, mortgage, exchangg or otherwise dispose of or deal in or with, re, proper t.- , whereso Ever situate, and any and all rights, interests or privileges therein; and to erect, construct, make, improve and operate, or to aid or subscribe toward the erection, construction, making,, im- provement and operation of offices, warehouses, plants, mills, stores, laboratories, studios, workshops, buildings and other establishments and installations, and equipment, machinery, apparatus and otherPP facilities, of every kind and description. To acquire by purchase, exchange, lease, bequest or otherwise, to import, manufacture, produce, to hold, own, use, manage, improve, alter, develop and to mortgage, pledge, sell, export, assign, transfer, lease, exchange or otherwise dispose of or deal in or with goods, commodities, wares, machinery, supplies, merchandise and all other personal property of every kind and des - cription, tangible or intangible, wheresoever situate, and any and all rights, interests or privileges therein. ARTICLE III This corporation shall be perpetual in duration. ARTICLE IV The location, post office and registered office of this corporation in Minnesota is 754 Twelve Oaks Center, Wayzata, ITV 55391* ARTICLE V The total authorized number of snares which the cor- poration shall have authority to issue is 250,000 shares, each having a par value of 1 per share. The Board of Directors shall have authority to provide by By -laws as to the restrictions on the sale, assignment, transfer, pledge, mortgaging of any of the shares of this corporate stock, as well_ as the redemption of such stock in the event of the death of any stockholder, ARTICLE VI The amount of stated capital with which this corporation shall begin business shall be one thousand dollars. ARTICLE VII The names, post office addresses and terms of office of the first Directors are: Name Address Sherman Richter, 754 Twelve Oaks Center, Wayzata, M11 Charles R. Schwartz, 626 Armstrong, St. Paul, MN The term of office of such Directors shall be for one year, or until the next annual meeting of the shareholders of the corporation. 2- ARTICLE VIII The name and post office address of the incorporators of this corporation, who are of full age, are as f of lows : Name Address Sherman Richter, 754 Twelve oa };s Center, Wayzata, MN Charles R. Schwartz, 626 Armstrong, St. Paul, M14 ARTICLE IX The Board of Directors may from time to time, by virtue of a majority of its memb make, alter, amend or rescind anyoftheBy-laws of this corporation subject to the power of the shareholders to change or repeal such By -laws, IN TESTIMONY WHEREOF, we have hereunto set my hands this day of -r 19a.. In the Presence of: STATE OF MINNESOTA } ss. COUNTY OF HEiIvEP IN } 1 S erman Richter I C , It OL Z ; u Vii `.•., ar les R. Schwar-tz On this day of / 1982 personallyPY appeared before me, a Notary Public - in and for said County,Sherman Richter and Charles R. Schwartz, to me known to be the person *named in and who executed the foregoing Articles of incor- poration, and acknowledged this to be of their own f ree act and deed for the uses and purposes therein expressed. Not y'laic •- J . • opt. 24,1 LJ t MO R IA RTY & JAN Z EN , P . A . 750 Twelve Oaks Center 15500 Wayzata Boulevard ; Wayzata, MN 55391 C011SENT Ift The undersigned hereby consents to the formation of a corporation to be named "THE BROTHERS -IN -LAW I "NC. in the State of Minnesota, Dated.* May 19 8 2 THE BROTHERS RESTAURANTS, INCORPORATED B Its / •'< M z. N O T I C E O F H E A R I N G atric C. Rossbach 2229 Hazelwood Avenue Maplewood, Minnesota 55109 PROPOSAL: To provide housing or three 3g ( ) pets (two (2) poodles and one (1) hunting dog). Not for commercial purposes. LOCATION: 2229 Hazelwood Avenue NOTICE IS HEREBY GIVEN that the Maplewood City Council at its meeting of Monday,July 12, 1982, at 7:15 P.M. in the Council Chambers of the Maplewood Municipal Build- ing, located at 1380 Frost Avenue, Maplewood, Minnesota, will consider and publiclyheartherequestforaSmallKennelLicensefor: APPLICANT: p 4 k ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA Publish: Maplewood Review — June 30 and July 7th, 1982. APPLI CAT? ON FOR DOG KENNEL LICENSE U VAME i ADDRESS a w , .9 u • TELEPHONE NUMBER NA14E OF KENNEL 'E z A) L? A,' ._R PRESENT ZONING OF PROPERTY ON IMICH KENNEL IS LOCATED S l it '' /, -11 LEGAL DESCRIPTION OF PROPERTY ON IMICH KENNEL IS LOCATED DATE CAPACITY OF KET ELS (BY NI BER OF ANIMA.LS) KIND OF SERVICES PROVIDED .A,,' QUALIFICATIONS AND EXPERIENCE OF APPLICANT FOR OPERATING KENNEL BUSINESS ',ti The undersigned applicant makes this application ursuant to alI theP laws of the State ofMinnesotaandsuchrulesandregulationsastheCityCounciloftheCityPofMaplewoodmafromtimetotimeprescribe. DATE 19 • SIGNED 1 j Approved by the City Council on the day of 19 Approved by the City Clerk on the day of 19 Fee Paid $Date Receipt No. J List of persons notified for dog kennel license: Charles & Betty Smith 2239 Hazelwood Paul & Constance Pelletier 1536 Lark Ronald & Gloria Ronquist 1534 Lark David & Nancy Seagren 1512 Lark Joseph & Bonnie Lou Miller 1517 E. Laurie Road Robert & Kathleen Albert 1521 E. Laurie Road Billeigh & Olga Riser 2205 Hazelwood Avenue Hubert Schacht 1526 E..Laurie Road John Hoschka 1520 E. Laurie Road Myrna Kane 1512 E. Laurie Road Eldred & Judy Baier 2240 Hazelwood John Davis 2210 Hazelwood Patrick Rossbach 2229 Hazelwood Avenue MEMORANDUM TO:City Manager FROM:Thomas Ekstrand, Associate Planner SUBJECT:Roof Sign Review LOCATION:VanDyke Street and North St. Paul Road APPLICANT:Inter City Oil of America OWNER:K -Mart, Inc. PROJECT:ICO Station Roof Sign DATE:May 26 , 1982 P -- I SUMMPARY OF THE PROPOSAL Request Approval to place a six by five foot roof sign on top of the I CO station. Proposal Refer to the enclosed sketch and maps. CONCLUSION Issues Staff feels that there is basis for this request. In order to locate a pole sign to meet code, the sign pole would have to be placed ion the parking lot. This would decrease the v i s i b i l i t y of the sign, interfere with traffic and look out of place. Furthermore, a pole could not be placed on the grass in back of the building since it would interfere with the overhead power lines and also be on public right -of -way. Recommendation Approval of the roof sign for, Inter City Oil at 1760 Van Dyke Street, based on the findings that: 1. A pole sign will not work due to the buildings proximity to the property l i n e and interference of overhead power lines. 20 The proposed sign would meet size requirements as outlined in the ordinance and would meet the intent of the ordinance compared with any other permitted method of signing. 1 - 9 9 W BACKGROUND Site Description 1. Site Size: The gas station site covers approximately 7,000 square feet of the 14 -acre K -Mart property. 20 Existing Land Use: K -Mart Store and gas station _ Surrounding Land Use Northerly: North St. Paul Road and A and W Rootbeer Southerly: K -Mart Parking Lot Easterly: K -Mart Store Westerly: VanDyke Street and First Federal Savings and Loan f w Z w .l... w w 6-23-81: The Board approval plans for ICO to install a canopy is subject to the following conditions: 1. Applicant to obtain all necessary City licenses and permits. 2. Lighting from the canopy shall be directed or screened so not to cause any undue glare onto adjacent properties or roadways. 3. Approval by the Community Design Review Board does not constitute approval of a building permit. 4. Some plantings to be added along the North St. Paul Road frontage to help decorate the site. Plan to be submitted for review and approval by staff. The canopy has not been installed yet, but all applicable conditions have been met so far. DEPARTMENTAL CONSIDERATIONS Planning 1. Land Use Plan Designation: SC, Service Commercial 2. Zoning: BC, Business Commercial 3. Section 9. 818.090 of the Sign Ordinance states the following regarding roof signs: a. Roof signs shall only be permitted upon review and approval of a special permit by the City Council. All roof signs in exi steace at the time of adoption of this ordinance shall be considered as 1 egil non - conforming signs. 2 - b. The allowable height of a roof sign shall in' no case exceed a height above the roof equal to the height of the elevation of the building upon which the sign is located. The height above the roof may be equal to the height from the grade of the. access street to the top of a parapet wall or the highest point of the roof. Regardless of the height of the building, no roof sign shall exceed a he' ht of 20 feet without approval of a variance as provided for i n Secti-on 818.040, Subsection 10. c. All roof signs hereafter erected, placed, altered or moved, shat l be reviewed by the Community Design Review Board prior to consideration by the City Council, In order to recommend to the Council approval of a roof sign request, the Board must find that because of terrain, location and /or configuration of adjacent development and similar considerations that such a sign best serves the property and public and secures the intent of this ordinance as compared with any other permitted methods of signing. mb Enclosures: 1. Location Map 2. Property Line Map 3. Sign Plan ROAD •c J c1 i . w F-z 0 z EDGEHILL R0. ,- t Z DE IwONT Q = 6S V < A V E. R 0 JK _ '4VE. O cccc 04 0 AV It to AVE. CD SExT T A AV E.J VA t S AV G .ANDVIEM EAV • 3fi V IK I E ySTLE av L SHERREN AYE 2640 No 2400 N. OPE AVE. SEER EN AvE. vE. COPE AVE. AV q LARK I AVE vs > sm R LAURIE. =RD. crc LAURIE RD aO 25 Q x :• AVE @ W W try cr - - - U RKE AVE. >-6v.2 1 O N.KE7 t` ELDRIDG LAVE _ -_J_ 1P,.,E W6OD R TSELmoNTAVE. r 4i PUBLIC WORKS .: CI) S .ANKH CT. 6 a BLDG. yE SKILLMA k -Aci _ v AVE. ++A R t s ' V # - . SOO q R0 0Op R AN h AVE - t ti ,F su _ R q ' E -- W wo k e 1i a /d cro ; ` 49 Z J SOP A,'E LOk c z Q J ° Z zzPRIEAVGJ z W AVE. Q w I W 2 9 3 IF nnroiii '"„' ST. CAUL 1 29 c cr - Z acJVrpLE7 L E K'N AVE PRICE =AVE cr O T2QHRttw sue' LOCATION MAP Q N i i 1 t 1 11 1 1 , r 0 Liri cv 21V J y -- 1 1 Is 11 Jp 1 • 4 ` , 1 t i - fr • f - Y S r 1 i PROPERTY LINE MAP 4 N Proposed internally lit roof sign at Inter City Oil. Company station a-t 17 6 0 Van Dyke Street,, Maplewood , Minn. at K -Mart Store, Sign color will be black and yellow. I C- I i Not sir. '?w L ROAD View looking northeast. Scale ap 'proximately 1/4 = 11 Drawn by Ken Wingard May 24, 1982 6 B. Inter -City Oil- -Sign Review Ken Wi ngard, general Manager for* Inter -City Oil was present at the meeting9indicatedthesignwouldbeinternallyilluminated. It will be situated just above the roof line. Board Member Hedlund mov the Board recommend approval. of the roof signfoInte - CityOJI—At-j766 Van Dk street bas on the fi ndi n s that 1. A pole sign will not work due to the buildings proximity to the propertyPY line and interference of overhead power lines. 2. The proposed sign would meet size requirements as outlined in the ordinance and would meet the intent of the ordinance compared with any other permitted method of si gni rig. Board Member Phillippi seconded Ayes - all. r -z MEMORANDUM TO- City Manager FROM: Associate Planner--Johnson SUBJECT: Special Exception- -Home Occupation _ DATE: July 1, 1982 On June 14th, Council person Mai da asked that this request be tabled to July 12. Tabling was to permit staff to survey the adjacent property owners with regard to the proposed limited retai 1 sales of painting equipment produced off-site. All five abutting neighbors have indicated they have no objection to the applicant's proposal, Tabling was also because the applicant was not in attendance. Upon checking, it was found that the meeting notice contained the wrong hear- ing date - -June 21 rather than June 14. Recommendation Approval, subject to the conditions listed on page two of the attached report. jw Attachment MEMORANDUM TO: City Manager FROM: Associate Planner -- Randall Johnson SUBJECT: Special Exception- -Home Occupation LOCATION: 1770 Onacrest Curve APPLICANT /OWNER: Diane Beran DATE: May 28, 1982 SUMMARY OF THE REQUEST Req A special exception permit to operate a decorative folk art painting business (Diane's Designs) from the applicant's home. Proposal 1. The business area would be located in a 10 x 12 foot room on the main level of a one -story dwelling. 2. No advertisement is proposed for the premises. 3. The applicant teaches fol k art painting in conjunction with the school district's adult education program. The classes are not taught at the applicant's home. Nearby students occasionally (one or two times per week) purchase painting supplies from the appl i.cant at her home. 4. All sales on the premises are by appointment only. 5. The applicant's husband and son make the wooden items that are painted by the applicant. 6. The applicant relies upon word -of -mouth advertising for product sales and students. 7. The paints stored on the premises are water -based acrylics, which do not constitute a fire hazard. CONCLUSION Analysis The Planning Commission's home occupation guideline number five does not permit the retail sale of . products produced off-site. Council has however, recently instructed the Planning Commission to amend this guideline to permit limited sale of such products. _ The occasional 'sale * of P ai nti ng supplies to students,, by appointment only, would be consistent with C o u n c i l ' s desired policy. The proposal is consistent with the remainder of the Planning Commission's home occupation guidelines. Recommendation Approval of a special exception permit to operate a folk art painting business, as a home occupation, at 1770 Onacrest Curve, subject to: 1. Compliance with the criteria outlined i -n the Planning Commission Sub- committee Report, except guideline number five. 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. A smoke detector shall be located on the main and basement levels of the dwelling. 4. A five- pound ABC fire extinguisher shall be wall mounted and readily available to the kitchen area. 2 BACKGROUND Site Description 1. Lot Size: A 17,500 square foot lot 20 Existing Land Use: A single dwelling with an attached garage Surrounding Land Uses North: Single dwelling East: Adolphus Street. Across Adolphus Street, apartment buildings. The applicant's rear yard drops off steeply to Adolphus Street. South: Single dwell i ng West: Onacrest Curve. Across Onacrest Curve, single dwellings Past Actions 5- 20 -82: Council approved an electronic equipment repair and retail sales business for Todd Peterson at 2169 Arkwri ght Street. Retail sales of the products produced off -site were permitted so long as they remain secondary to the service portion of the business. Council instructed the PlanningCommissiontopermitlimitedsalesofproductsproducedoff-site. DEPARTMENT CONSIDERATIONS Planning 4 1. Land Use Plan Designation:RL, ,Residential Lower Density 2. Zoning: R1, Residence District (Single Dwelling) 3. Section 904.010(5) of the Zoning Code premits an art , studio, photographystudio, or other artistic pursuants conducted in a residence or accessory building when authorized by the City Council. Public Safety 1. A smoke detector should be installed on the basement and main levels of the dwelling. 2. A five-pound ABC fire extinguisher should be wall mounted and readily accessible to the kitchen area, lCi ti Zen Comments A11 five abutting property owners were surveyed as to the a lIcant' 'Y pp s intentions for limited retail sales of products produced off -site. Each returned a responseindicatingnoobjectiontotheproposal. jw Enclosures: 1. Planning Commission Home Occupation Guidelines 2. Location Map 3. Property Line Map 3- PLANNING COMMISSION SUBCOMMITTEE REPORT The Planning Commission concurs with the need for an appropriate 'deft ni ti on of a homeoccupation. It is also felt that while certain occupations require the issuance of aspecialusepermit, other activities such as those that do not have a of tallowed lY he followishouldbewapermit: 1. Employment of any person not residing i n the dwelli 'ng un1 t 2. Customers visiting the premi 3. Manufacture of products on the premises, The Pl_aoni ng Commission proposes the following guidel •g nes for a Name Occupationon Nome Occupation requiring a ermi t i s defined as •P that occupation conducted n adwellingunitinvolvingthemanufactureand /or sal of a rodu t • limitations:P c or service, stothefollowingmitations: I. Is conducted on a continuing basis, that is for more t h an 30 days out of the year. 2. Not more than one person other than members of the family residingy on the premises shall be allowed to engage in such occupation. 30 The use of the premises for the home occupation shall 'p h l 1 be clearly incidentaldental andsubordinatetoiuseforresidentialpurposesbi_ts occoyP and no morethananareaequivalentto20,E of the dwelling unit floor area shal be used itheconductofthehomeoccupation. n 4. There shall be no change in the outside appearance of the buildingpp1Ong or premises,or othe visible evidence of the conduct occupationofsuchhome o Cher than ionesign; not exceeding twQ square feet n area, non-illuminated, andd moue tedflatagainstthewaloftheprincipalbuilding, 5. There shal be no retail sales of products roduced off sit 'with such home occupation. P to n connection 6. No traffic shall be generated by such home occupationon i n greaterp volumes thanwouldnormallylybeexpectedinaresidentialneandthen -need for offstreetparkingshallnotexceedmorethanthreeoff - street arks a ti on a t any P ng spaces forthehomeoccupationygiventimeinadditionontotheparkingspacesrequiredbytheresidentoccupants; in no event shall parkingh11suchnumberofoff - streetspacesexceedatotaloffivesuchspacesforthepremisesandshallbe offofthestreetothethaninarequiredfryard. 7. No equipment or process shall be used in such homee occupat on which createsnotse, vibration, glare, fumes, odors, or electrical interferenceence detectabletothenormalsensesoffthelot, -if the occupationon family re , p s conducted i n a singleaysidence, • or outsi the dwelling unit i f conducted i n oftingleiefam.i residence.- her than a9Yesidence. - - In the case - of electricalcal interference no equip -ent or process shall 'be used which creates visualansual or aud bl e_ nterference -nanyradioortelevisionreceiversofftheremisesora - •P c uses= _fluctuations 1 nlinevoltaggeoffthepremises, - 80 No 'fire, .safety, or health hazard shall exi for the residents of the dwell inunit, customers, or employee, g C& 36 ti C 49 LITTLE CAN ADA 35 25 UNT ROAD « LoA e iKILLWA AV1- MT W C VER AVEr J I DOWNS 28 W ROSELAWN d 3 ISELLwoon AV. cr 11 H MER AVE.t FEW TONI AVE La r1T C r Z On 46 661 KINGS.2 W O W 30 < m 3 lit LARK V E. -1 N AURIE RD. - D a EL DRIDGE i ~ lSELlONT EA, SKI MA v AVE. c 58 t 3 Y o KT VERNON AVE. V O o AVE. W ILWO OD IAVE. i t O H VIKING D$_ W C J C Q c 25 SURKE AV. I E jAv SEL WOWT < 4 F , ; SKILLWAN & an i ;W W cc W r CD MT. Z VEW 604cccILS26o ! AL ISELLY 1 s MPL AV EW h J Z n h p Q c;j KING DITON AVE. PR ICE AVE W ..::. ST. PAUL LOCATION MAP Q N I r t 01 ol 71 j I { I 1 p E PROPERTY LINE MAP .-4 N Z '1 p E PROPERTY LINE MAP .-4 N j ij y MEMORANDUM TO: City Manager FROM: Director of Community Development z SUBJECT: Code Amendment: Mobile Homes in R -1 Zones DAVE: June 2, 1982 INTRODUCTION H Reques Councilmember Juker requested on November 5 that the Code be amended to p rohibit single -wide mobile homes in R -1, Residence Districts (single dwelling), Comments Counci lmember Juker feels that single -wide mobile homes should not be allowed in R -1 districts for the following reasons: 1. Most mobile homes are not compatible in design with other types of single dwellings, 20 Mobile homes may devalue other types of single dwellings. Because of recent state legislation, cities may not prohibit mobile homes, but they may regulate width and type of foundation. The enclosed ordinance requi a on y e feet and a permanent foundation. Most =s rminimumwidthoftwent 1 e -widemobilehomesare12to14feetinwidth, with a few at sixteen feet. Aost conventional homes have a width of 24 to 28 feet. Recommendation Approval of the enclosed ordinance, jc BACKGROUND 1. The existing code allows mobile homes in all zoning districts. 2.. Section 91 2.140 states that, "Special permits shall be required for the placing of a house trailer or mobile home on a property for temporary use as a dwel 1 i ng . Said temporary use permit shall not exceed 90 sda from the date of issuance." y ance. This secti restricts temporary use, but r not the permanent use of mobile homes in residential districts, 3. Modular homes are similar in design to conventional homes, but most of the work is done in factories. The house is then shipped to the site in sections. 4. In 1979, the Metropolitan Council surveyed sixty metropolitan communities and found that 51 or 85% of them restrict mobile homes to mobile home parks, except for emergency situations. 50 The State recently changed the Municipal Planning Act to prohibit the exclusion of mobile homes from cities. (Refer to the enclosed "Action Alert" from the League of Minnesota Cities.) Enclosure: proposed ordi nance Action Alert" ORDINANCE NO a AN ORDINANCE ESTABLISHING MINIMUM WIDTH AND FOUNDATION REQUIREMENTS IN R -1 ZONES THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN: SECTION 1. Section 904.100 is hereby added as follows: 904.100. BUILDING WIDTH AND FOUNDATION REQUIREMENTS. 1. The minimum building width on any side shall be at least twenty-one feet. The building width shall not include entryways or other appurtenances that do not run the full depth of the building, 29 All buildings shall provide a permanent foundation with perimeter frost footings or a "floating" slab that meets the State BuildingCode. SECTION 2. This ordinance shall take effect and be in force from and after its passage and publication as provided by law. Passed by the Maplewood tity Council, this day of , 1982. Mayor Attest: Clerk Ayes - Nays - 1•• s L ,A . .: ... ,,fl" +. % . '7• Ise .. y - w , S;,, .. ' -`w rTr ..y4 . . ' C .'.. . - .i.r y a .. Y" . ... *. ... .._ .• ... _ y:" ` -. ,.7. y ".. 'S' w .d"s'Xr.y J .. _ . ' 'yo"rr `C. a «,.., - .t. '.•.rA ; y.. .. <cL +r _ - Aii. rS. s '" . i • f.. ..+ a. . r _: •^: d' ,P: fi+. ,t:_ ^ ?^ 'F. ,t a '- ' ;' ' . J • ` "e .. c ,.. _3 , . .T t,. / .xi. : 3' ..• . k','rc: .'fir: - : .. .+• •- .q.. •'„X l w' - .'" .. +' ''. .. Tf.,.k a [.. l. . ... . J• .< Jam.J },-}_, .,. .. y • , ,,,, y ` .{y' !y r yr. t . llitliC'L •,. - +.,_- -. Ye. i4 _RR • ''° ' :4'- .1+'.7iR'!. 3.:1YS.. +475 O_. '3 [,'`. 7J' iW - ' st'a1 •'..1.Y . ° a s'4'AC._'. R i_ .. w r!''- ._ . r v rn 4'_ -. r ± x . Alh r Uni . ,,;;+ Y S . II league of minnesota cities_Jj April 15 1982 TO: City Managers, Administrators, Clerks Please pass ' a copy along to your city planner or zoning administrator9 ) FROM Duke Addi cks , Legislative Counsel Cathy Quiggle Research Assistant ` RE: Mobil e /Manufactured Housing Minnesota Laws* 1982, Chapter 490 amending M.S. 462.357, Subd. 1 changes the Municipal Planning Act to prohibit the exclusion of mobile/manufactured homes from cities. (The complete *text of the law as amended is enclosed. New language is underlined, old language is stricken.) These new provisions are not effective until August 1 1982, Unti then,* any manufactured homes are subject to the zoning ordinance presently in effect in a city. Pursuant to this new legislation, by August 1, 1982, cities may wish to amend their zoning ordinances to establish the following: 1 c design standards for dwellings in residential districts such as: minimum width, minimum square footage, siding material , roof lines, type of foundation requirements; 2, residential •district(s) in which only dwellings meeting the Uniform Building Code are permitted; 3. residential district(s) in which manufactured homes as defined by M.S. 327.31 - 327.35 not required by law to meet the Uniform Building Code) are permitted as well as site bui homes which meet the Uniform Building Code, i.e. a mixed district; 4. mobile home park district(s) for those mobile homes unable to meet design standards in--residential districts . There is some confusion over whether the establishment of the above mentioned design standard -s is now the only legal method of regulating the location of- manufactures homes within a city. The Michigan Supreme Court held in Robinson Township v. Donald Knol 1 , 302 NW 2d 146 (Mi ch. 1981) , that a ' muni ci pal i ty I s excl us on of- mobi 1 e homes OVER) 300 hanover building, 480 cedar street, saint Paul, minnesota E55101 (6123 222 -2861 APD I Z1% cr/ 2 SO from all areas not designated as mobi home parks had no reasonable basis ender the pol ice power and was. therefore unconstitutional. The Court stated, however, that amobi1ehomecouldbeexcludedifitfailed - to ' sati sfy reasonable starards designedtoassurefavorablecomparisonswithpermittedsitebuilthousing. rT -hus , re des ul ati nbydesignstandardsapplicabletobothsbuiandmanufacturedhou' 9sin seems tobethepreferred. approach. It pan be argued, however, that under the city authori. o rauthorittregulate by class of building (M.S. 462.357, Subd. 1) it can establish some residential districts which permi t manufactured homes and some which do not. The fact that manufactured homes are subject to a different building code than site built homes would seem to be a recognition that they are, in fact, a different -class of building. It can also be argued that the intent of the legislature in passing the new law wastoprohibitonlythetotalexclusionofmanufacturedhomesfromacitttyLir.. 24 ofthebioriginallyread, "No regul or single family zoni n ordinance mayygyprohibitmanufacturedhomesbuiltinconformancewithsection3s2731, Subd. 6, or any other s i nql a family dwel l i ngs that co m 1 with all other zoning ordi cnan pursuant section." --- 9 espromulgatedtothisItwouldseemthatifthelegislatureintended to prohibit the exclusion of manufactured homes from all single family districts itwouldhavepassedthebillasoriginallywritteninsteadofpassingtheamended version which deleted the phrase "single fami zoning ordinance". T if thecityweretoestablishsomedistrictpermitting_ manufactured homes within the ci tY9twoul - dseef tb - - be - i n compliance with -the - int f , law. - -e n t o the . Aga these changes in t-he Municip Plann Act do not become effectiveP9efectve unt11 August 1, 1982. Because the appli of the law is unclear we will ass alongP9furtherinformationasitbecomesavailable. If you have further questi P l easecallCathyQuiggleattheLeagueoffice. Through April 23rd our phone number w i l lbe (612) 222 -2861; thereafter, it will be (612) 227 - -56000 DA: CQ:rmm Attach. Sec. 2. Minnesota Statutes 1980, Section 462.357, Subdivision 1, is amended to read Subdivision 1. (AUTHORITY FOR ZONING.) For the purpose of promoting the public, health, safety, morals and general welfare, a municipality may by ordinance regulate the location, hei ght, width, bulk, type of ' founda ti on number of stori -s , size of buildings and other structures , the percentage of lot which may be occ_ta i ed , the sizeP of yards - - and other open spaces, the density and distribution of population, the uses of bui l di ngs and structures for trade, industry, residence, recreation =; public acts vi tips , or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation water supply1 conservation conservation of shorel ands , as defined in section 105.485, access to direct sunlight for solar energy systems as defined in section 116H.02, flood control or other purposes and may establish standards and procedures regulating such uses. No regulation may prohibit earth sheltered construction as* defined in section 116H.02, subdivision 3, or manufactured homes built*. in* conformance with sections 327.31 to 327.35 that eefp iies comp] with a other zoning ordinances p gated pursuant to this section. The regulations may divide the municipality into districts or zones of suitable numbers, shape and area. The regulations shall be uniform for each class or kind of buildings, structures or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regul ati ons shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits i n any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipali- ties have boundaries less than four miles apart, each is authorized to control the . zoning of band on its side of a line equidistant between the two noncontiguous muni - . Cipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations i n . the area to-the same extent as if such property were situated within its corporate limits, unti 1 the county or town board adopts a comprehensive zoning regulation which includes the area. rmm 4/15/82 i ! i t . s MEMORANDUMUM TO': City Manager T FROM: Thomas Ekstrand-- Associate Planner SUBJECT: Ordinance Amendment - -Metal Buildings July 2DATE: Jul 1 198 - 4- On June 28, 1982, the City Council gave fir •y g first reading to an ordinanceamendmentregulatingtheconstructionofmetalpolebuildings. Thi proposed ordinance amendment s labeled I) reflects the Community DesignReviewBoard's motion which Staff endorses.9 jW Enclosures F MEMORANDUM TO: City Manager. FROM: Thomas Ekstrand-- Associate Planner SUBJECT: Ordinance Amendment- -Metal Buildings DATE: June 15, 1982 Request The City Council, on May 20, 1982, directed staff to prepare an ordinance amendment prohibiting the erection of any new metal pole buildings in Maplewood, and to restrict the construction of buildings with metal exteriors to M -1, Light Manufacturing, M -2, Heavy Manufacturing and BC, Business Commercial districts, Comments The reason for prohibiting metal pole buildings is simply esthetics. M;eta1 pole buildings, which are also referred to as "pole barns" and "agri - bui 1 di ngss'. are appropriate for rural areas because of their design, but are not well suited for urban locations where they would be highly visible . Examples of this style of metal building are the Keller Golf Course maintenance building and Blake Excavati ng's garage. For purposes of definition, the term "metal pole building" should not be used. Not all metal buildings which have the "pole building" appearance are structurally supported by vertical poles or columns. Able t4i ni Storage and Big A Auto Parts are examples of metal bui 1 di nas which are not considered pole bu_i l di ngs since they are not physically supported in this fashion. Alternatives (From most to least restrictive) I. Pro . hi bi t metal pole buildings altogether. This would eliminate the chances of any new such buildings being built in areas where a higher degree of design is being maintained or desired, The disadvantage is that metal pole buildings would then be prohibited from areas where they would not adversely impact the surrounding neigh- borhood. I I . Leave the decision of a metal building's design and compatibility to the Community Design Review Board. The ordinance could be amended to s fi cal ly state the City's concern with this type of structure and to give the Board specific authority to deny a proposal if it is found to be incompatible with the area. Alternative II is the proposal previously considered by Council on 5- 20 -82. - Staff has i ncl uded two ordi nance amendments for the Counci l 's rev i ew and comparison. Recommendation Both proposals appear to be effective. for approval. a. r' T Either one, therefor -e, is recommended jw Enclosures 2 REFERENCE INFORMATION Existing Code I. The existing code does not restrict metal ole buildings, except fP9p or Building Code requirements. 2. Section 202.200 of the Community Design Rev.i ew Board Ordi nafice states the following: The Board may, from time to time at its discretion, recommend to the Planning Commission that certain special community design review areas and that specific criteria to be considered in reviewing applications for development within said areas be established. The Planning Commission shall review such recommendations and shall recommend approval , modification or denial of same to the Village Co The Village Council shall take the final action on all such recommendations and may designate said areas by resolution." Sury Staff surveyed twenty surrounding metropolitan communities." (See enclosed survey.) Of the cities surveyed, four prohibited metal pole buildings and sixteen permitted them. The majority of those cities which permit metal polebuildings, though they do not prohibit them by ordinance, discourage their use. Inventory Refer to the inventory of existing metal pole buildings in the City; and the enclosed pictures of seven or these structures. The photographs have-been numbered and correspond to this key: 1. Big A Auto Parts 2. Able Mini Storage 3. Quality Cabinets 4. Don's Paint & Body Shop 5. Keller Golf Course 6. Carver General Repair 76 Residential Garage 47 So. Century Avenue 1800 Gervais Court 2672 Highway 61 2732 Highway 61 2166 Highway 61 2730 Highwood Avenue 1240 So. Sterling Avenue Procedure 1. Community Design Review Board recommendation. 2. City Council hearing and first reading 3. City Council hearing and second reading, Mb Enclosures: 1. Proposed Ordinance I 2. Proposed Ordinance II 3. Survey 4. Metal Pole Building Inventory 3 - I ORDINANCE NO. AN ORDINANCE AMENDMENT REGULATING THE REVIEW OF METAL POLE BUILDINGS t The: City Council of the City of Maplewoodewood does hereby ordain as fo11 w •P y o s. Section 1. Section 202.240 of the Maplewood Code is hereby added to read as fol lows 202.040 SPECIAL AREAS 1. It shall be unlawful to erect a metal buildingding i n the City of Maplewood which is of a design commonly referred to as a "metal pole bui 1 d ng, pole barn" or "agri -bui 1 di ng," unless such building would be located in a F. Farm Residence District or unless such building is a metal storage building commonly used as a back yard storage shed. Should any disputeariseovertheclassificationofaproposedmetalbuilding, the Director of Community Development shall determine whether the proposed metal building fits into the "metal pole building" category. Appeals of the Director's decision shall be made to the City Council for a determina- tion of building type. 2. Buildings having metal exteriors, but not being of the typi cal P of e building design,. may only be allowed in areas zoned F, Farm Residence, BC, Business Commercial, M -1, Light Manufacturing and M -2, HeavyManufacturing . Special architectural design and nonmetal decorative modifications may be required to assure compatibility with community development. Section 2. This ordinance shall take effect from any after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota this day of , 1982. Mayor Attist: Cl erk Ayes - Nays - II ORDINANCE N0, AN ORDINANCE AMENDMENT REGULATING THE REVIEW OF BUILDINGS 1TheCounciloftheCityofMaplewooddoesherebyrdainasf (additionsyoflowlare_ underlined): i Section 1 Section 202.180 of the Maplewood Code is hereby m follows:y ended to read as 202.180 SUBMITTAL EVALUATION The Community Design Review Board shall review' the material's submittedwiththeapplicationwithrespecttothefollowingaspectsoftheprop 1. General site utilization. 2 General architectural considerations, including a review of: a. The height, bulk and area of all buildings on the site. b. The colors and materials to be used. c. The physical and architectural relationship of the proposed wi th exi and proposed structures in the area, d. The site, layout, orientation and location of all bu'i 1 di n 9 s and structures and their relationship with open areas and the . to o ra hp9p. Y e. Height, materials, colors and variations in boundary walls fences screen pl anti n 9 s. or f. Appropriateness of sign design and exterior lighting.g 3. General landscaping considerations. 4. Graphics to be used. To recommend approval of an application the Board shall make the followingg 1. That the desig and location of the proposed- develodevelopment and its relationshipptonshiptoneighboringorexistingorproposeddevelopmenand. traffic is such thatitwillnotimpairthedesirabilityofinvestmentoroccupationinthe neighborhood; that it w i l l not unreasonably interfere with the use and enjooy -ment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion 20 =That the design and locationon of the r •proposed development s i r keepingng withthecharacterofthesurroundingneighborhoodandisnotdetrimentaltohtoharmonious, orderly, and attractive development con tem 1 aced Ly thi s i p ordnanceandtheVComprehensiveMunicipalPlan, 3. That the design and location of the proposed - development would providepeadesirableenvironmentforitsoccupants, as well as for its neighbors,and that it is aesthetically of good composition, materials, textures and colors. r 4. That metal bui 1 dins must be compati bl e wi th the character and qua 1 i ty of surrounding develo ent. S eci al architectural desi and non- metal decorative modificati shall be requirecT to assure compati bz 1 i ty . Metal b u i l d i n g s may be prohibited when found not to be compatible with surroundin development.w The_ Board in its recommended actions for approval may: 1. Recommend any conditions that i t deems reasonable to i action of approval. 20 Recommend that the applicant, as a condition, provide guarantees that the conditions of approval will be complied with. Section 2. This ordinance shall take effect from and after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this day of 919 Attest: Clerk Mayor Ayes - Nays - 2 - METAL POLE BUILDINGS Survey of surrounding Metropolitan Communities Being Closest to Maplewood in Population November 2, 1981 13. city 14. I.'Marpl ewood r 20 St Louis Park 3 .Minnetonka 4.Richfield 5.Coon Rapids 6.Burnsville 7.Plymouth 8.Brooklyn Center 9.Fridley 10.Blaine 11.Crystal 12.New Brighton 13.New Hope 14.Golden Valley 15.Apple Valley 16.Roseville 17.South St. Paul 18.Eagen 19.Maple Grove 20.Columbia' Heights 21.White Bear Lake Prohibit x x x (Commercial Dis- tricts) x Permit x x x x front elevations must be arch i tectual ly treated. x x X x (Farm &Industrial Districts) x x Building elevations facing streets and residential /and must be architecturally heated. x x x x By Special Use Only allowed in Indus- trial zones. x x x x c INVENTORY OF EXISTING METAL POLE BUILDINGS a March 16, 1982 Busin or Use 1.Qual-ity Cabinets 2. B14ke Excavating - Maplewood Auto Clinic r 30 Mogren Brothers Sod 40'' Able Mini Storage 50 Sparkle Auto 60 Keller Golf Course 7. Sabota Landscaping 9. Capitol City Adventist School 10. Carver General Repair 11. Roger Fulk - Machine Shop 12. Resident's personal garage 13. Country 'Side Vol kswa en /SAAB used car department 14. Don's Paint and Body Shop 150 Big A Auto Parts 160 City of Maplewood Public Works facility storage) 1 7 0 Truck U t i l i t i e s 18. Berg- Torseth 19. County Department of Parks and Recreation 200*' Yocum Oil 21, Res i denti al Garage 22, Group Health garage /shop 23. Oxford Disposal Service Location= 2672 Highway 61 =+ 1201 Frost Avenue 2600 White Bear Avenue 1800 Gervais Court 3065 Highway 61 2166 Highway 61 2036 English Street 1220 South McKnight Road 2730 Highwood Avenue 1810 County Road B 1262 McKnight Road 1180 Highway 36 2732 Highway 61 47 Century Avenue 1902 E. County Road B 2370 English Street (building on Highway 36; 2354 English Street (building on Highway 36; 2020 White Bear Avenue (Fairground) 2729 Stillwater Road (building on Geranium Avenue) 1240 South Sterling" 2165 White Bear Avenue 2305 Linwood Avenue V 240 Del ory . Waterproofing 10 2095 E. Larpenteur Avenue 25.Larry's Western Store 2205 E. County Road D 26.Beaver Brothers 934 County Road C T 27.Sport City 2210 White Bear Avenue 280 SchWi nn Bicycles 2250 White Bear Avenue 29.Quabsut Hut at Old Jordon Farm McKnight Road south of Upper Afton Rd. 30.Construction Center Incorporated 2050 White Bear Avenue 31.Town and Country Trailer Park 2557 Highway 61 32.Ethan Allan Gallery 1111 E. Highway 36 330 Midwest Mobile Homes 1081 E. Highway 36 34.Farm Residential Agri- Building 2480 Linwood Avenue 35.Residential Garage 873 So. Century Avenue 36.Ron 's 66 2086 Edgerton Street 37.Farm Residential Agri-Building 2445 Carver Avenue 38.Farm Residential Agri - Building 2413 Carver Avenue 39.Schroeder M i l k Company 2080 Rice Street 40.Structural Wood Corporation 1175 Highway 36 41.Art's Towing 2384 English Street MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD TUESDAY, JUNE 22 1.982, -7:30 P. M. 1380 FROST AVENUE, MAPLEWOOD, MINNESOTA 1. CALL TO ORDER Vice Chairman Lydon called the meeting to order at 7:30 . . t-9 P 2 ROLL CA - r Victor Lydon Tony Phi l l i ppi Tom Deans Dean Hedlund Robert Fol l ey Donald Moe 3. APPROVAL OF MINUTES Present (Vice Chairman) Absent Present Present Present Present A. June 8, 1982 Board Member Hedlund moved approval of the minutes of June 8 1982 as submitted. ' Board Member Deans seconded Ayes - all. 4. APPROVAL OF AGENDA Secretary Ekstrand informed the Board the appl i cant for item 6 A Doug Berends withdrew his application. Board Member Hedlund moved approval of the agenda as amended. Board Member Folley seconded Ayes - all. 5. UNFINISHED BUSINESS 6*. DESIGN REVIEW B. Metal Building Ordinance The Board discussed with. Secretary Ekstrand the different types of metal buildings that can be constructed that would give the "pole building" appearance. They also reviewed the metal buildings that have been constructed in Maplewood. The Board discussed what types of treatments can be applied to metal buildingsdings to make them more compatible to the surrounding develop-o p ment. The Board and Secretary Ekstrand commented on the zoning districts a metal building should be permitted in, Board Member Hedlund moved the Board recommend the following additiontotheMaplewoodCode:g 202.040 Special Areas It shall be unlawful to erect a metal building i n thee C i ty of Maplewood iwhich s of a design commonly referred to as a "metal pole building."pole barn" or 'b ri -building," di n - - i9g , unless such buildingding would be located 'in a F. Farm Residence District or unless such building is . e buildingdin metal storagecommonlyusedasab - g 9 y back yard storage shed. Shod d any disputeariseovertheclassificationofaproposedmetalbuildzn9 , the Director of Community Development shall determine whether the proposed metal building fits into the "metal pole building" category. Appeals of the Director's decision shall be made to the City Council for a determination of building type. 2. Buildings having metal exteriors, but not being of the typicalcal9yp polebuildingdesign, may only be allowed in areas zoned F, Farm Residence,BC, Business Cosy merci al , M-1, Light Manufacturing and M -2, Heavy Manufacturing. Special architectural design and nonmetal decorative modifications may be required to assure compatibility with communityydevelopment. Board Member Deans seconded Ayes - all e 7. VISITOR PRESENTATIONS 8. BOARD PRESENTATIONS 9. STAFF PRESENTATIONS A. Discussion of Board Self - evaluation The Board discussed what information should be included in the evaluation report to the City Council. They also reviewed the function of the Board. 10. ADJOURN Meeting adjourned at 8:49 p.m. MEMORANDUM TO: City Manager FROM: Director of Community DevelY opment -SUBJECT: Board of Appeals and Adjustments =DATE: June 1 1982 i. -s The City Council, on May 20 •Y , directed staff to prepare an ordinance nanceamendmentreplacingtheBoardofACouncilPPandAdjustmentswiththeCitY Background In reviewing the State 1 anning law, itfortp appears that it i not nheCounciltoconveneastheBoardo necessaryfAppealsandAdjustmentstoconsidervariances. Council can act on -them as the City462.354, sub. 2 of State law states y Sectionatesthatthegoverningbodymr ' ar Y Y providedealternativelthattherebease e P ate board of appeals and ad 'ustment planning commissi on governing body or the planning ommis sorthatth the pl ann g s on or a committee ofserveastheboardofappealsandadjustments...J ts... The cities of White Bear Lake Mapleofcitieswhere P e Grove, Eagan and Woodbury are exampleserevarlancesarehandledbtheiraboardofadjustmentsanEliminating y c tY councils , rather thandappeals. the boardfollowingadvantages:would have the 1. Less confusion for the audience2. Separate minutes would not have to be done3. Simpler agenda Recommendation Approval of the enclosed ordinance jw Enclosure Proposed ordinance t f t i f s i ORDINANCE NO. BOARD OF APPEALS AND ADJUSTMENTS REPLACED WITH THE MAPLEWOOD CITY COUNCILHEREBYORDAINSASFOLLOWS: Section 1. The City Code i s hereby amended as followsows (dtfletions .crossed out and adds ti ons underlined): 282:118: -- HARP- 8F - APPEALS- ANID- ABOYSTMENT- ESTABL ;SHED - -A- Beard -of Appeals - and -Ad justfeRts - }s- hereby - established -fer -the- a ese -ef -hePp ar4Rgand- deterfIRIRg- appeals - €ref -deeps ieRs- ef- adRi4Rstratae- effie4als -e-f a;apleweed -iR- Patters- relat}Rg -te -the - eRfereemeRt- of -zeRRg - erdnanees= and fer hearing- and- deterf4RiRg- pettieRs - fer -ad jestfeRt ef- eeRdlt 4sipesed - by EaRRg- er- plaRRRg- erdRaRees 292 - - MEMBERSHIP -BF- APPEALS - BOARD - -- The -Beard -ef -Appeals -andAdjestfeRtsshall- eeRsst -:ef- the - Mayer- and- feer- k44- fefbers -ef -the V }Iage- EebRE: 202.112. POWERS -AP B DUTIES- BF -TH €- BOARD -8F- APP €ALS -AP B- ADJUSTMENTSAPPEALSANDVARIANCES. The Bea rd -ef -Appeals - and- AdjestfeRts City Councilshallhearanddecideallappealsfromallegederroneousdecisionsofany-administrative or enforcement officer of Maplewood in matters relating totheadmi_ni stration and enforcement of the zoning ordinances of Maplewood.,ewood.the Beard Council shall also hear r P • requests for variances from the literal provisions.. of the zoning ordinance in instances where their stri ct enforce - ment. would cause undue hardship because of circumstances unique to the individual property under consideration and to rant such variancesgaances onlywhenitisdemonstratedthatsuchactionswillbeinkeepingspiritwiththeandintentoftheordinance. Such grants shall not provide for a use hpwhichchisnotpermittedunderthezoningclassificationinwhichtheroertisPPylocated. The Beard Council may impose conditions in granting variances toinsurecomplianceandtoprotectadjacentproperties. In matters relatingtoplanning, the Beard -ef -Appeals - and - justRieRts City Council shall have the powers set forth in Minnesota Statutes, Section 462.359, Subd. 4. 202.113 PROCEDURES. Appeals may be brought before the Beard -ef Ad jwstRients- and - Appeals City Council by any affected person. AppearancePppce before the Beard Council may be in person. or by agent or attorne y ' . The Beard Council shall schedule a hearing within th4rty s i xt days after an appeal is submitted in writing. All notices of appeal must be filed withtheV411age -Elerk Director of Community Development within the time pre-scri bed by applicable law, ordinance or regulation. The decision of the Beard -ef- Appeals- and -Ad jestFReRts C_i ty Council shall be final and no further action shall be required or allowed by the municipality, exce t that tp he V411age Council may in accordance with the decision, rescind or otherwise alter any decision previously made which may have been subject of the appeal.Further appeal may be taken to the District Court of Ramsey Count providingnCountyP9suchappealismadewithintwenty (20) days after the date of the decision oftheBeard -ef- Appeals- and- AdjestRieRts Ci Council 4 The Beard -ef -Appeals -and- Adjustments City Council shall render its decision on any appeal within ninety (90) days after the date of the end of the hearing, 292:114: -- RULES - AND- RE6dEATIGNS - -- The -Sea rd -ef- Appeals- ae4 -Ad jastfeets ray- adept- and - prefalgate - pules - and- regulatleRs - geverning- *ts - REtleR -and such- rules- and- regulatlens- shall -be- published- fer -at- least- s *X't -y- 694 -days befere adeptleR . - -Sueh- rules -and - regulatleRs- shall- beeefe- effeet *ve -8Rly efter-appreval-by- the - Village- Geumell;- preylded- that - the- Eeumel -shall -have s4xty -4594- days- fref- the-tlfe -such -rules - and- regulatleRs- are- subf4tted -te the- EeuREll- wlthiH- wheh- te- appreve -er -re feet- aHy - er- all - such- .rul-es ; - a*nd prey *ded - further - that - *f- the- Eeu Fie ll- falls - to -aet -w }thin- said -59 -days -the rules- shall -take- effect- wltbeut- EeuHelj- appreyal -- -Such -rules - fay- preylde -for Baths - to -be- taken- by- wltpesses -and- may -alse -prey de- fer- wrltteR- br4efs 2927 115 7-- REE8RPS- 8F- TNE- BBARB: - -The -Beard -ef -Appeal s- aed -Ad justfeRts shall - keep- a- reeerd -ef- its - aetivlties -and - preeeed figs - +Meludl mg - but- Hot T4fl,ted -te,- the- Ffl1Hutes -ef- its- feetlRgs and- alse- 4s- flAdings the - aet4en taken; -and- the- f}Ral- girders -1,H- all - hear *Rgs -ef -appeals - er- fer -ad justFRests- A- eepy -ef- every- erder- lt- Hiakes -shall - be- ferwarded -te- the - Village- Eeunell -by del verlmg- saHie -te -the -V }Ra ge -Elerk : Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the Council of the City of Maplewood this day of 1982. Mayor Attest: Ayes - Nays - Clerk The Delory Ca Basement Waterproofing Augering May 21, 1982 Mr. Barry Evans Maplewood City Hall 1380 F 'rust Ave. St. Paul, MN 55119 Dear Mayor and Members of the N - 2095 E. larpenteur Avenue *Sewer a water Installation St. Paul, Minnesota 55109 •Realty Post a Sign Installation 777 -8720 777 -8028 c. ti awrrn• ra I ar • C ' , Puy .;S f ty Pu V'v .,l J Person File City Council: Other Date -- Z - L...._ We met before your group on May 6. 1982 to request a change in licensing for Sewer and Water Contractors. .ctor As the Ordinance now exists, , a licensedcensed pl umber must pullthepermit, and we as a licensed, bonded and insured sewer and water contractor are left to his discretion. In many cities there are two licenses, one for plumbinginsideand. a separate one for outside sewer and water. . This procedure i s morere de - si rable to us , as most sewer and water in Maplewood is now in except for new con- struction, Often we put the outside system in weeks or even months before the inside plumbing is started. In most all cases separate bids are given by plumbers and sewer and water contractors and we don't even know -who the plumber is going to be. Our work is main to openthetrenchtieseweraThisandwatertostreetstubsandruntounderfoundation. . Thy s of course is always tested and inspected by' Maplewood before we backfi 11. We do no inside plumbing. In effect, no plumber will ever see our work except for the twoTinest 1 P e t a a the inside o f the wall, 4ost plumbers sublet all outside work as they do not have the equipment to do this . We have in the .past 20 years installed thousands of sewers in the seven Count guess our yMetroArea, I think we should have the right to do our work w g u point i s that we are i n two different businesses and thi ithout having to pay a fee or o throu h the problemsems and expense g g p pe se of having someone else pull a permit for a he will never see, It is no different than requiring a roofer to have a carpenter pull hispermitbecauseheispoundingnailsintoawoodenroof, Our livelihood depends entirely on someone else. If a plumber is out of town mad at us or doesn't renew his license (as I believe is the case of our plumber), we cannot even start our fobs. We normally have bid these long before we start, andunlesstheplumberpullsthepermit, our bid cannot be honored, If I were a p 1 umberIwouldbeveryhesitanttoputmylicense, insurance, etc. on the l i n e for a con- tractor I didn't even know. As the City Managers' secretary stated, probably the only advantage withthe exist- i ng system is that one permit is pulled instead of two and it takes less bookwork and filing. Even your inspector and license clerks .don't think the existingng systemisright. We have over $100,000 invested in equipment and feel this is a verseriouspoint. How would you like to have a neighbor who may or may not be arounlikeyou, etc. sign a sheet every day so you could go to work and then have to athemforitbeside_. In a- to p ay our case we have a letter on file from a plumber to pullpermitsinhisname. What do we do if he retires, dies, moves away, r as I believey ,in this case, lets his Maplewood license expire. We have no one else and will have to quit working in Maplewood. page 2 All of our business is on bid and it is obvious we would not be getting as much workifwewerenotlowbidderonwhatwedo. This could result in thousandsouands of dollars infuturelosstoMaplewoodresidentsinhavingtopayhigher. pri ces . For the sake of alittleextrafilingandbookkeepi wa ng for Maplewood, I think this uts all sp ewer and ter contractors in a very uncomfortable position. Sincerely. Ron DesLauri es DELORY COMPANY RD : bes j MEMORANDUM TO: Mayor and City Council FROM: City Manager SUBJECT: Radio Repeater Equipment DATE: July 2, 1982 Attached is a letter from John Zuercher which was necessary to forward on June 23 in order to meet a rather arbitrary Federal - deadline. I discussed this with three of you on that date. In order to finally authorize this, we will need a transfer from the contingency fund of 9,150 in'order to purchase and install the equipment. This amount is 50/ of the cost, with the rest being supplied by the Federal Government. There may also be a contribution by . the fire companies, which may then reduce our cost. y 9 r f BRE :1 nb 0 n 1 A CITY OF MAPLEWO OD 1380 I' IZOST A11• "I;h t' I: NI:1I'I,I «'OOI). MI 11 L'SO "I :1 5,5109 DEPARTMENT OF EMERGENCY PREPAREDNESS 770 -4547 June 23, 1982 Mr. Howard Strabala State Regional Coordinator State Emergency Services Division Griggs- Midway Bldg. Room 180 1821. University Avenue St. Paul, Minnesota 55104 Subject: Project Application for the City of Maplewood Dear Mr. Strabala: Please consider this letter confirmation that the City of Maplewood has committed $9,150 for the purpose of the purchase and installation of radio repeater equipment and the associated telephone line installation. Sincerely, John Zuercher Deputy Director JZ :kd cc: John Kennedy bcc: ry Evans Tom Hagen Dennis Cusick' a wo 700 June 29, 1982 MEMORANDUM To: City Manager Barry Evans From: Acting Chief of Police T. Hagen Subject: Forfeiture of Bond - Bodel 1 ' s Liquors The Counci 1, on prior occasions, has dedicated bond forfeiture to: 1. Youth Service Bureau - 1980 2. Police armor vests - 1980. Because of cut- backs in funding to the East Communities Family Center, I would recommend the Council consider donating the receipts of the June 28, 1982, bond forfeiture to the East Communities Family Service Center. TLH:js cc City Clerk Liquor F i l e 82- 001603 3 3 A MEMORANDUM I TO: City Manager FROM: Director of Community Development SUBJECT: Survey Requi rements DATE: July 1, 1982 Request The Ci ty Counci 1 , on May 20, requested that staff i nvesti gate whether to require lot surveys. with various city approvals for construction. Past Action Previous to 2 -2 -78: Staff had been requiring a survey or enough property stakes to verify a questionable lot l i n e with a building permit. This - requirement was wraived where common sense indicated that a proposed structure was not near a lot line or minimum setback line. 2 -2 -78: Council directed staff to discontinue the above policy. 10 -4 -79: Council adopted the following policy: Lot lines must be verified by a certificate of survey or enough visible stakes. in place to determine the lot line'. The proposed structure shall be shown on the survey with setbacks indicated. This requirement may be waived where common sense indicates that a proposed structure is not near a* lot l i n e or minimum setback line. The Inspector wi l 1 make a visual* check of the building's setback lines. i n the field. If the Inspector feels that there may be a violation, the builder or contractor shall be responsibleforverifyingthelotlineinthefieldtotheInspector. Survey of Other Cities. The enclosed survey of other cities shows that most cities surveys for lot divisions and bui.l di ng permits. Warren Forsberg, a surveyor, indicated that a survey for an average 75' x 135` lot would cost $250- $300.. Ana 1vsis The current city policy of requiring a survey or property stakes for building permits has been effective. This policy should be extended to lot divisions and other city approvals when setbacks to existing buildings or lot lines are .at issue, such as variances and Design Review Board approvals. Such a Policy would have avoided the Pi 1 eti ch- Hagstrom dispute that Council recently went through. Recommendation Extend the 1979 policy requiring a survey or stakes for building permits to i ncl ude lot divisions, variances, Design Review Board approvals, and other city approvals where setbacks to existing buildings or lot Tinesnes are at issue. SURVEY OF OTHER CITIES CITIES B3 CLOSEST TO MAPLEWOOD IN POPULATION Survey Requi red Lot D i v i s i o n s Building Permits Coon Rapids Yes (before a deed is Yes Y 'recorded) Roseville Yes No Burnsville No Yes Plymouth Yes Yes Brooklyn Center Lot Divisions not Allowed Yes Platting Only Fridley Yes Lot Stakes or Survey B l a i n e Yes No Crystal Lot D i v i s i o n s not Allowed Yes Platting Only New Brighton Yes Yes New Hope Yes Yes Golden Valley Yes Yes White Bear Lake No No Apple Valley Yes Yes South St. Paul Not Available Eagen Yes No Maple Grove Yes Yes Columbia Heightsg No Yse Cottage Grove Yes No West St. Paul Not Available Shoreview Yes Yes ADJACENT CITIES - St. Paul Yes No,unless unplattE White Bear Lake No Must have stakes Survey of Other Cities continued - a North St. Paul Oakdale Woodbury Newport Roseville Little Canada Vadnai s Heights Lot Divisions Bui1din Permits Yes Yes No No Yes Yes Yes Yes Yes No Yes Yes No No MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: July 6, 1982 SUBJECT: MnDOT Beam Avenue Agreement The City Council has previously approved the installation of a signal ssystemytematBeamAvenueandHighway61. This is the agreement for cost sharingproposedbyMnDOT. g It is recommended the City Council approve the agreement as submitted.