HomeMy WebLinkAbout1982 08-23 City Council PacketAGENDA
Maplewood City Council
7:00 P.M., Monday, August 2.3 , 1982'.V :'
Municipal Administration Building
Meeting 82 -23
A) CALL TO ORDER
B) ROLL
C) APPROVAL OF MINUTES
1. Minutes 82 -20 (August 9, 1982)
2. Minutes 82 -21 (August 11, 1982)
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 the form listed
below. There will be no separate discussion on these items. If discussion
is desired, that item will be removed from the Consent Aqenda and will be
considered separately.
1. Accounts Payable
2. Acceptance of Donations
3. Final Approval - Industrial Revenue Note - Maplewood East
4, Change Order #1 - Dorland Rd - Hillwood Dr.
F) PUBLIC HEARINGS
11 Special Use Permit: 1960 Ide St. (7:00)
2. Rezoning, Street Vacations and Variance:Frost Ave. (7:15)
3.
4.
5.
6.
Rezoning: Lower Afton & Century (7:30)
Rezoning: Upper Afton & McKnight (7:30)
Rezoning: McKnight & I -94 (7:30)
Special Use Permit: Denny's Restaurant (7:45)
G) AWARD OF BIDS
1. Employee Group Insurance
2. Sale of Old Vehicle
H) UNFINISHED BUSINESS
1. Code Amendment: Home Occupation (4 Votes)
I) NEW BUSINESS
1. Plan Amendment: 2696 Hazelwood
2. Special Exception: 1735 Kennard
3. Plaza 3000
40 HRA /Council Meeting
5. "No Parking ", Larpenteur (Aschenbrener)
J) VISITOR PRESENTATION
M) ADJOURNMENT
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 9, 1982
Council Chambers, Municipal. Building
Meeting No. 82 -20
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:00 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. Joker, Councilmember Present
MaryLee Maids, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes No. 82 -18 (July 26, 1982)
Councilmember Anderson mov to approve the Minutes of Meeting No. 82 -18 (July 26, 1982)
as submitted.
Seconded by Councilmember Maida. Ayes — all.
2. Minutes No. 82 -19 (July 29, 1982)
Councilmember Anderson moved to approv the Minutes of Meeting No. — 82_19 — (July — 29, 1982)
as submitted.
Seconded by Mayor Greavu.
D. APPROVAL OF AGENDA
Mayor Greavu moved to
Ayes — all.
the Agenda as amended:
1. Plan Review Authority
2. East Community Family Services
3. Shirts — Bumper Stickers
4. Park Dance /Dinner
5. Plaza — 3000
6. Meeting Moratorium
7. Vacancy — Park and Recreation Commission
8. Police Department
Seconded by Councilmember Juker. Ayes — all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Joker, Ayes all, to approve
the Consent Agenda Items 1 through 5 as recommended: —
1. Accounts Payable
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Approved the accounts (Part I, Fees, Services, Expenses, Check No. 000705 through No.
000758 — $99,069.18; Check No. 013822 through Check No.- 013953 — $260,741.65; Part II
Payroll, Check No. 04540 through Check No. 04667 — $70,761.89) in the amount of
430,572.72.
2. Final Plat — Schwichtenberg Addition
Approved the final plat for Lot 1, 2 and 3, Block 1 of the Schwichtenberg Addition
3. Final Approval — Industrial Revenue Note — Cricket Inn
Resolution No. 82 -8 -107
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 executed by the Tenant assigning
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 by such Bond Counsel;
Borrower Tanners Lake Partners, 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 the Resolution
adopted August 9 authorizing the issuance of the Series B Note and into the Proceeds
Account of the Construction Fund the proceeds of the Note and the Series B Note will
be deposited;
Construction Loan Agreement the agreement to be executed by the City, the Borrower,
the Tenant and the Lender, relating to the disbursement and payment of Project Costs
for the acquisition, construction and installation of the Project.
2 — 8/9
Guarantors Dr. Arvid Johnsen, Detlef Stroh, James W.
Beck, William M. Bracken, Bruce M. Carlson, John D. Maney, Fred
H. Chute, Timothy Adams, William M. Driscoll, Newell P. Weed,
Jr., and William B. Cash;
Guaranty collectively, the guaranties of the payment of,
among other things, the principal of, premium, if any, 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
rights described in Exhibit A attached to the Loan Agreement;
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 the Combination Mortgage, Security Agreement
and Fixture Financing Statement between the Borrower as
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 $3,000,000 Commercial Development Revenue Note
of 1982, (Tanners Lake Partners Project) to be issued by the
City pursuant to this Resolution;
Note Register the records kept by the City Clerk to s
provide for the registration of transfer of ownership of the
Note;
Plans and Specifications the plans and specifications
for the construction and installation of the 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 pledging 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;
Project the Land and Improvements as they may at any
time exist;
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Project Costs the total of
Loan and Carrying Charges," as t]
Loan Agreement;
Resolution: this Resolution
1982, authorizing the issuance of
supplement or amendment thereto.
all "Construction Costs" and
lose terms are defined in the
of the City adopted August 9,
the Note, together with any
All references in this instrument to designated
Articles," "Sections" and other subdivisions are to the desig-
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.
1 -3. Findings
The City Council has heretofore determined, and does
hereby determine, as follows: ,
1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
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
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; 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 facilities; the provision of acces-
sible employment opportunities for residents in the area; the
4 - 8/9
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
3,000,000 as hereinafter provided;,_
5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Project;
6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not consti-
tute or give rise to a pecuniary liability or a charge agaihst
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 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
D) of Section 103(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 exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
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 authority
and in compliance with the Plans and Specifications.
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note
5 - 8/9
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
3,000,000 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
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1982
Tanners Lake Partners Project)
3,000,000
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
DOLLARS ($3,000,000) or so much thereof as remains unpaid from
time to time (the "Principal Balance "), with interest thereon
at the rate specified in paragraphs 1(a) and 1(b) hereof (the
Tax Exempt Rate ") or at such higher rate as provided in
paragraph 1(c) hereof (the "Taxable Rate "), in any coin or
currency which at the time or times of payment is legal tender
for the payment of public or private debts in the United States
of America, in accordance with the terms hereinafter set forth.
1. (a) From and after the date hereof through and
including August 1, 1983, interest only shall be paid at the
rate of 14% 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 August 1,
1983.
6 - 8/9
b) Commencing on September 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 fran August 1, 1983 at the rate of
14% per annum and a final installment on August 1, 2012 (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.
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 be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) to 19% per annum (the "Taxable Rate "). 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 first day of the month next following the date of payment
of such additional interest and continuing on the first day of
each month thereafter (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 reflect the accrual of
interest at the Taxable Rate and the
monthly installments of principal and
interest payable commencing with the
September 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 monthly installments of
principal and interest payable commencing
with the next succeeding payment shall be
recomputed on the basis of the Taxable Rate
and amortization over the remaining portion
of the original assumed amortization.
7 - 8/9
ii) Upon a Determination of Taxability, the
Holder may declare the entire Principal Balance of this Note
together with accrued interest thereon at such retroactivelv
increased Taxable Rate to be immediately due and payable, plus
the prepayment premium, calculated in accordance with paragraph
8 hereof.
iii) The Holder shall give notice, as soon as
practicable, to the Borrower of any Notice of Taxability, as
hereinafter defined, received by the Holder and permit the
Borrower to contest, litigate or appeal the same at its sole
expense, provided that any such contest, litigation or appeal
is, in the reasonable opinion of the Holder, being undertaken
and carried forward in good faith, diligently and with reason -
able dispatch. In the event any such contest, litigation or
appeal is undertaken, the increased interest provided in
paragraph (b)(i) shall, 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,
litigation or appeal, 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 may 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
Tanners Lake Partners (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 charged
for the actual number of days elapsed.
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 provide funds
for a Project, as defined in Section 474.02, Subdivisions lb,
Minnesota Statutes, consisting of the acquisition, construction
and equipping of a Cricket Inn Motel, pursuant to the Loan ;
Agreement, and this Note is further issued pursuant to and in
full compliance with the Constitution and laws of the State of
Minnesota, particularly Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on
August 9, 1982 (the "Resolution ").
8 - 8/9
5. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender (the "Pledge
Agreement "), a Combination Mortgage, Security Agreement and
Fixture Financing Statement, of even date herewith between the
Borrower as mortgagor, 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 Guaranties from Dr. Arvid Johnsen,
Detlef Stroh, James W. Beck, William M. Bracken, Bruce M.
Carlson, James D. Maney, Fred H. Chute, Timothy Adams, William
B: Driscoll, Newell P. Weed, Jr. and William B. Cash to the
Lender (collectively, the "Guaranty "). The proceeds of this
Note shall be placed in the Proceeds Account of the
Construction Fund established pursuant to the Resolution and
the Construction Loan Agreement (hereinafter referred to) and
disbursement of the proceeds of this Note from the Construction
Fund is subject to the terms and conditions of a Construction
Loan Agreement of even date herewith among the Lender, the City
and the Borrower (the "Construction Loan Agreement ").
6. The Holder may extend the times of payments of
interest and /or principal of or any penalty or premium 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 party.
However, in no event may the Final Maturity Date be extended
beyond thirty (30) years from the date hereof.
7. The Borrower may prepay the Principal Balance in
whole or in part in increments of $100,000 on the first day of
any month 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 subject
to mandatory prepayment in whole or in part pursuant to Section
3.1 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 paragraph 8
hereof, and the time of such prepayment may not be extended -
pursuant to paragraph 6 hereof. Upon the occurrence of certain
Events of Default" under the Construction Loan Agreement, the
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 l(c)(ii) 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.
9 - 8/9
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 be
payable in accordance with paragraph 8 hereof.
This Note may be called for redemption and
prepayment, in whole, at the option of the Holder, on September
1, 1992 (or at any time within six months following September
1,1992), on September 1, 1997, on September 1, 2002 and on
September 1, 2007, (the "Call Dates "), upon at least thirty
30) days advance written notice to the Borrower (or such
lesser period of notice as the Borrower may approve). The
Borrower has the right under this Note on any Call Date of
which the Holder has given the required notice, in lieu of
redemption of this Note, upon five (5) days advance written
notice prior to such Call Date, to purchase the Note from the
Holder or give notice to the Holder that it has secured a
purchaser for the Note. The Holder agrees, in lieu of
redemption of this Note at a purchase price equal to the
Principal Balance and accrued interest to sell the Note to the
Borrower or such purchaser on such Call Date.
8. (a) If at the time of any prepayment on or prior
to September 1, 1987 or acceleration of this Note occurring
prior to September 1, 1987, the Borrower shall pay, together
with the premium, if any, set forth in paragraph (b) hereof, an
amount equal to 1 -1/28 of the amount of principal so prepaid.
Notwithstanding the foregoing, no such premium shall be payable
with respect to the following prepayments:
i) prepayment made at the option of the
Holder pursuant to Article Five of the Mortgage or
Section 5.02 of the Loan Agreement,
ii) prepayment pursuant to Section 3.1 of
the Construction Loan Agreement in the amount of
any sums remaining in the Proceeds Account of the
Construction Fund at the Completion Date,
iii) prepayment made at the option of the Borrower
upon a Determination of Taxability resulting from a change
in any applicable federal statute, or
iv) prepayment made at the option of the Holder
pursuant to paragraph (1)(c)(ii) hereof,
unless an Event of Default thad occurred under the Loan
Agreement, Construction Loan Agreement or the Mortgage and
remains uncured at the time such prepayment is made.
b) If at the time of any prepayment or
acceleration of this Note, occurring prior to August 1, 1992
the yield on U.S. Treasury securities (as published by the
Federal Reserve Bank of New York) having a maturity date
closest to September 1, 1992 (the "Government Yield "), as
10 - 8/9
determined by the Holder as of the date of prepayment or
acceleration, is less than 16 -1/48 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 16 -1/48
exceeds the Government Yield as of the date of prepayment or
acceleration, times (ii) a fraction, the numerator of which is
the number of days remaining to September 1, 1992 and the
denominator of which is 360, (b) the resulting product shall
then be divided by the number of whole months then remaining to
September 1, 1992 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 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 September 1, 1992, with the amount of
each such hypothetical monthly payment equal to the Quotient
and with the first payment payable 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 Holder pursuant toparagraphl(c)(ii) hereof or 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, Construction
Loan Agreement, or the Mortgage and remains uncured at the 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 office 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 instrument of transfer satisfactory to
the City Clerk duly executed 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 - 8/9
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
constitute a debt of the City within the meaning of any
constitutional or statutory limitation, are not payable from or
a charge upon any funds other than the revenues and proceeds
pledged to the payment thereof, and,do not give rise to a
pecuniary liability of the City or, to the extent permitted by
law, of any of its officers, agents or employees, and no holder
of this Note shall ever have the right to compel any exercise
of the taxing power of the City to pay this Note or the
interest thereon, or to enforce payment thereof against any
property of the City, and this Note does not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City, and the agreement of the City to perform
or cause the performance of the covenants and other provisions
herein referred to shall be subject at all times to the
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
S
12. It is agreed that time is of the essence of this
Note. If the City defaults in the payment when due of any
installment of principal or interest or any premium or penalty
due hereunder and if said default shall have continued for a
period of ten (10) days, or if an Event of Default shall occur
as set forth in the Mortgage, the Construction Loan Agreement
or the Loan Agreement, then the Holder shall have the right and
option to declare the Principal Balance, and accrued interest
thereon, together with the premium, if any, payable under
paragraph 8 hereof, immediately due and payable but solely from
the sources specified in paragraph 11 hereof. Failure to
exercise such option at any time shall not constitute a waiver
of the right to exercise the same at any subsequent time.
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 together,
at the sole discretion of the Holder, and may be exercised as
often as occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no event be
construed as a waiver or release thereof.
14. The Holder shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed
by the 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.
12 - 8/9
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required
to exist, happen and be performed precedent to or in the issuance of this Note do'exist,
have happened and have been performed in regular and due form as required by law.
IN WITNESS WHEREOF, the City has caused this note to be duly executed in its name
by the manual signatures of the Mayor, 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
s / Sohn Greavu
Mayor
Attest:
a/ Lucille E. Aurelius
City Clerk
SEAL)
4. Cancellation of Assessment *See Page 13a
Approved the cancellation of the assessment in the amount of $309.17 for Diseased Tree
Removal Improvement 80 -6 for Frank Cincotta, Code No. 57 01710 020 67.
5. Tax Forfeited Property
Resolution No. 82 -8 -108
WHEREAS, the City of Maplewood has determined that the following described tax for-
feited land is required for pending purposes:
Subject to road and easements, the North One -half of vacated alley adjoining and
Lot 1, Block 8, Smith and Taylor's Addition to North St. Paul (Code No. 57- 68800-
012-08)'
NOW, THEREFORE, BE IT RESOLVED, that the proper City officials be and hereby are
authorized to make an application for conveyance of said tax forfeited Land for ponding
purposes; and
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file
a certified copy of this resolution and application for conveyance of said tax forfeited
land in the Office of the Land Commissioner.
F. PUBLIC HEARI
1. Preliminary Approval - Industrial Revenue Note - Emerald Inn 7:00 P.M.
a.. Mayor Greavu convened the meeting for a public hearing regarding the request
of Emerald Inn (Judson Dayton, Duncan Dayton, Fred Chute, Dr. Edward Chute, David Chute
and Arthur B. Johnson) for a $1,500,000.00 Industrial Revenue Note to construct a 66
unit hotel to be located next to the Perkins Restaurant and fronting on County Road
D. The Clerk stated the hearing notice was found to be in order and noted the dates
of publication.
13 - 8/9
82 — 8 — 108A .,
WHEREAS, pursuant to resolution No. 81 -7 -143 of the City Council of Maplewood, Minnesota
adopted July 16, 1982, the special assessments for the removal of Diseased Trees Improvement
No. 80 -6 were levied against the property described as 57 01710 020 67; and
WHEREAS, the above described assessment was levied in error and should be cancelled;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the
assessment for Diseased Tree Improvement 80 -6, in the amount of $309.17 be, and the same
hereby are, cancelled and that any payments made by the owner for this assessment will
be refunded.
13a— 8/9
b. Manager Evans presented the staff report.
C. Mr. Fred Chute, representing Emerald Inn, spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption:
82 -8 -109
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 Judson Dayton, Duncan Dayton,
Fred Chute, Dr. Edward Chute, David Chute and Arthur B.
Johnson, who propose to form a corporation or partnership (the
Company ") a proposal that the City undertake to finance a
Project hereinafter described, through the issuance of revenue
bonds in the form of a single debt instrument ( "the Note ")
pursuant to the Act;
14 - 8/9
W 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
assist the City in achieving those objectives. The Project
will help to increase assessed valuation of the City and help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community;
e) Company is currently engaged in the
business of real estate development. The Project to be
financed by the Note is an Emerald Inn hotel 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 em-
ployment of 25 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 July 12, 1982, a public hearing on the
Project was held on August 9, 1982, after notice was published,
and materials made available for public inspection at the
office of the City Clerk, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
I. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development ActChapter474, Minnesota Statutes), consisting of the acqui-sition, construction and equipping of facilities within theCitypursuanttoCompany's specifications suitable for theoperationsdescribedaboveandtoarevenueagreementbetweentheCityandCompanyuponsuchtermsandconditions-with
provisions for revision from time to time as necessary, so astoproduceincomeandrevenuessufficienttopay, wtien due, the
15 - 8/9
principal of and interest on the Note in the total principal
amount of approximately $1,500,000 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 Note; and the City hereby undertakes preliminarily to issue
its Note 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; 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 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 Note as to the ultimate
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 to submit the proposal for the Project to the
Commissioner 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
will be paid by Company;
16 - 8/9
6. Briggs and Morgan, Professional Association, acting as
bond counsel, is authorized to assist in the preparation and
review of necessary documents relating to the Project, to
consult with the City Attorney, Company and the purchaser of
the Note as to the maturities, interest rates and other terms
and provisions of the Note 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 Note 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 Note shall never have the right to
compel any exercise of the taxing power of the City to pay the
outstanding principal on the Note or the interest thereon, or
to enforce payment thereof against any property of the City.
The Note shall recite in substance that the Note including
interest thereon, is payable solely from the revenue and
proceeds pledged to the payment thereof. The Note shall not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation;
S. In anticipation of the approval by the Commissioner
and the issuance of the Note 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 advance$ toward payment of that
portion of the costs of the Project as Company considers
necessary, including the use of interim, short -term financing,
subject to reimbursement from the proceeds of the Note if and
when delivered but otherwise without liability on the part of
the City,
9. 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.
Attest:
Mayor
City Clerk
17 - 8/9
Seconded by Councilmember Maida. Ayes - all.
2. Preliminary Approval - Industrial Revenue Note - Health Resources - 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Health Resources, Inc. for a $4,500,000.00 Industrial Revenue Note to construct
an ambulatory care center and on the request of Health Resource Assistance Corporation
to construct a medical office building project. The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Manager Evans stated that since the adoption of the preliminary resolution Health
Resources, Inc. has determined to combine the ambulatory care center and the medical
office building into one facility and to change the ownership of the facility.
Hazelwood Properties, Inc. will own the land and Maplewood Professional Limited
Partnership will own the facility. (Hazelwood Properties, Inc. and Maplewood Pro-
fessional Building Limited Partnership are related entities to Health Resources,
Inc.) Because of these changes, Briggs and Morgan, bonding consultants, advised
Health Resources that it was necessary to hold a rehearing on the project and to
amend the preliminary resolutions that were adopted on January 21, 1982. Hazelwood
Properties, Inc. and Maplewood Professional Building Limited Partnership are request-
ing final approval at this time.
c. Mr. Jerry Willcox, representing Health Resources spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -8- 110
AMENDED 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 SECURITIES
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;
18 - 8/9
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 on January 21, 1982 held a
public hearing on the proposal of Health Resources Assistance
Corporation and Health Resource Center, Inc., related
corporatiors,that the City assist in financing a medical office
building and an ambulatory care and related health care center
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) It is now proposed that the medical office
building and ambulatory care center be housed in one facility
and that Hazelwood Properties, Inc. and Maplewood Professional
Building Limited Partnership (the "Company "), related entities
to the original applicants,undertake the project.
e) 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
assist the City in achieving those objectives. The projectwillhelptoincreaseassessedvaluationoftheCity -and helpmaintainapositiverelationshipbetweenassessedvaluationand
debt and enhance the image and reputation of the community;
f) Company is currently engaged in the
business of health care services. The project to be financed
by the Revenue Bonds is a medical office building and an
ambulatory care center including a pharmacy, ambulatory
surgery, physical medicine, urgent care and laboratory and
other related support facilities (the "Project ") 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 em-
ployment of 90 additional persons to work within the new
facilities;
g) 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 significantlyreduced, 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;
19 - 8/9
h) Pursuant to a resolution of the City
Council adopted on January 17, 1982 a public hearing on the
Project was held on January 21, 1982 and a rehearing held on
August 9, 1982, after notice was published, and materials made
available for public inspection at the 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;
i) 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 benefitfinanciallyfromtheProject;
j) The preliminary resolutions adopted on
January 21, 1982 for the ambulatory care center and the medical
office building are hereby amended and this resolution which
follows is meant to be substituted in its entirety for the
preliminary resolutions adopted on January 21, 1982.
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
principal of and interest on the Revenue Bonds in the total
principal amount of approximately $4,500 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 la of
Section 474.02 of the Act; 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
20 - 8/9
marginal land, to help prevent chronic unemployment, to helptheCityretainandimprovethetaxbaseandtoprovidethe
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 the City and
eventually to increase the tax base of the community;
3. The Project is
the City subject to the
missioner of Securities
approval by this Counci
Revenue Bonds as to the
the Project;
hereby given preliminary approval by
approval of the Project by the Com-
and Real Estate, and subject to final
1, Company and the purchaser of the
Ultimate details of the financing of
4. In accordance with Subdivision 7a of Section 474.01MinnesotaStatutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner of Securities and Real Estate, requesting her ap-
proval, and other officers, employees and agents of the CityareherebyauthorizedtoprovidetheCommissionerwithsuch
preliminary information as she 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 carriedtocompletionandwhetherornotapprovedbytheCommissionerwillbepaidbyCompany;
6. Briggs and Morgan, Professional Association, acting asbondcounselandFirstCorporateServicesactingasinvestment
banker ate authorized to assist in the preparation and review of
necessary documents relating to the Project, to 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 fundsoftheCityexcepttherevenueandproceedspledgedtothe
payment thereof, nor shall the City be subject to any liabilitythereon. The holder the Revenue Bonds shall never have the
21 - 8/9
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; _ _
B. In anticipation of the approval by the Commissioner of
Energy, Planning and Development and 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 considers 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;
9. 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 hereingrantediswithdrawn.
Adopted by the City Council of the City of Maplewood,Minnesota, this day of , 1982.
Attest:
Mayor
City Clerk
Seconded by Councilmember Suker. Ayes - all.
h. Councilmember Bastian introduced the following resolution and moved its adoption:
82 - 8 - 111
RESOLVED by the City Council of the City of
Maplewood, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions
22 - 8/9
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 ' agreement to be
executed by the Borrower assigning 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 bysuchBondCounsel;
Borrower Maplewood Professional Building Limited
Partnership, a Minnesota limited 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 and the Series B
Note will be deposited;
Construction Loan Agreement the agreement to be executed
by the City, the Borrower, the Lessor and the Lender, relatingtothedisbursementandpaymentofProjectCostsforthe
acquisition, construction and installation of the Project;
Ground Lease: the lease of the Land between HazelwoodProperties, Inc., as lessor and the Borrower, as lesseeexecutedonandevidencedbyaShortFormLeasefiledasDocumentNo.
Guarantors Health Resources, Inc, and St. John's
Lutheran Hospital Association;
Guaranty collectively, the Guaranties of the PerformanceoftheLeasestobeexecutedbytheGuarantorsasofthedateofthisAgreement;
Improvements the structures and other improvements,including any tangible personal property, to be constructed orinstalledbytheBorrowerontheLandinaccordancewiththePlansandSpecifications;
23 - 8/9
Land the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Lender First National Bank of Minneapolis, in
Minneapolis, Minnesota, its successors and assigns;
Lessor Hazelwood Properties, Inc. and its successors and
assigns under the Ground Lease;
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 the Combination Mortgage, Security Agreement
and Fixture Financing Statement between the Borrower and the
Lessor as mortgagors, to the Lender, as mortgagee, securing
payment of the Note and the Series B Note and interest thereon
including any mortgage supplemental thereto entered into in
accordance with the provisions thereof;
Note the $ Commercial Development Revenue Note
of 1982, (Maplewood Professional Building Limited PartnershipProject) to be issued by the City pursuant to this Resolution;
Note Register the ,records kept by the City Clerk to
orprovidef the
he
of transfer of ownership of theNote;
Plans and Specifications the plans and specificationsfortheconstructionandinstallationoftheImprovementson
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonablydeterminedbytheBorrowertobenecessaryordesirableforthe
completion of the Improvements and are approved by the Lender;
Pledge Agreement the Pledge Agreement to be executed bytheCityandtheLenderpledingandassigningtheLoanAgreementtotheLender;
Principal Balance so much of the principal sum on the
Note as remains unpaid at any time;
Project the Land and Improvements as they may at any -time exist;
Project Costs the total of all "Construction Costs" and
Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution this Resolution of the City adopted August 9,
1982, authorizing the issuance of the Note, together with anysupplementoramendmentthereto;
Series B an Agreement the agreement to be executed bytheCityandtheLessor, providing for the issuance of the
Series B Note and the loan of the proceeds thereof to the
Lessor, including any amendments or supplements thereto made in
accordance with its provisions;
24 - 8/9
Series B Note the $ Commercial Development
Revenue Note (Hazelwood Properties, Inc. Project) to be issued
by the City pursuant to the Resolution;
Series B Pledge Agreement the agreement to be executed
by the City and the Lender pledging and assigning the Series B
Loan Agreement to the Lender.
All references in this instrument to designated
Articles," "Sections" and other subdivisions are to the desig-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.
1 -3. Findings
The City Council has heretofore determined, and does
hereby determine, as follows:
1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
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
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
25 - 8/9
available to patients 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 issituated;
4) the amount estimated to be necessary to partiallyfinancetheProjectCosts, 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
3,000,000 as hereinafter provided;
5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Improvements;
6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning ofanyconstitutionalorstatutorylimitationanddonotconsti-
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 arepledgedforthepaymentoftheNoteorinterestthereon; and
7) the Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
D) of Section 103(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 exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
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
Improvements by such means as shall be available to the
Borrower and in the manner determined by the Borrower, andwithoutadvertisementforbidsasmayberequiredforthe
construction and acquisition of municipal facilities; and theCityherebyratifies, affirms, and approves all actionsheretoforetakenbytheBorrowerconsistentwithandin
anticipation of such authority and in compliance with the PlansandSpecifications.
26 - 8/9
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
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
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1982
Maplewood Professional Building Limited Partnership Project)
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, RamseyCounty, Minnesota (the "City "), hereby promises to pay theFirstNationalBankofMinneapolis (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
DOLLARS ($ ) or To much thereof as
remains unpaid from time to time the "Principal Balance "),
with interest thereon at the rates specified in paragraphs 1(a)and l(b) hereof (the "Tax Exempt Rates ") or at such higher rateasprovidedinparagraph1(c) hereof (the "Taxable Rate "), in
any coin or currency which at the time or times of payment is-
legal tender for the payment of public or private debts in the
United States of America, in accordance with the terms
hereinafter set forth.
1. (a) From and after the date hereof through andincluding , 19 , interest only shall be paid at therateof $ 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 including19
27 - 8/9
b) Commencing on , 19 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 -year
amortization with interest from , 19 at the rate
of 138 per annum and a final installment on August 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.
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 be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) to % 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 first day of the month next following the date of payment
of such additional interest and continuing on the first day of
each month thereafter (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 reflect the accrual of
interest at the Taxable Rate and the
monthly installments of principal and
interest payable commencing with the `
19_ payment shall be
recomputed on the basis of the Taxable Rate
on an assumed year amortization; or
B) if amortization of the Principal Balance
had theretofore commenced under paragraph
b) hereof, the monthly installments of
principal and interest payable commencing.
with the next succeeding payment shall be
recomputed on the basis of the Taxable Rate
and amortization over the remaining portion
of the original assumed amortization.
28 - 8/9
Upon a Determination of Taxability, the
Holder may declare the entire Principal Balance of this Note
together with accrued interest thereon at such retroactively
increased Taxable Rate to be immediately due and payable, plus
the prepayment premium, calculated in accordance with paragraph8hereof.
iii) The Holder shall give notice, as soon as
practicable, to the Borrower of any Notice of Taxability, 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 appeal
is undertaken, the increased interest provided in paragraphb)(i) shall, 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, litigation
or appeal, 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 may incur
on account of such contest, litigation or appeal.
iv)
Date of Taxability"
meanings ascribed to
the date hereof (the
Maplewood Profession,
Borrower ").
The terms "Determination of Taxability,"
and "Notice of Taxability" shall have the
such terms in the Loan Agreement, dated
Loan Agreement "), between the City and
it Building Limited Partnership (the
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 charged
for the actual number of days principal is unpaid.
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 provide funds
for a Project, as defined in Section 474.02, Subdivisions la,
Minnesota Statutes, consisting of the construction and
equipping of a combination medical office facility, ambulatory
care facility and related health care facilities, pursuant to
the Loan Agreement, and this Note is further issued pursuant to
and in full compliance with the Constitution and laws of the "
State of Minnesota, particularly Chapter 474, Minnesota
Statutes, and pursuant to a resolution of the City Council dulyadoptedonAugust9, 1982 (the "Resolution ").
29 - 8/9
5. This Note and that certain $ Commercial
Development Revenue Note of 1982 (Maplewood Professional
Building Limited Partnership Project) (the "Series B Note ") are
secured by two Pledge Agreements of even date herewith by theCitytotheLender (collectively, the "Pledge Agreements "), a
Combination Mortgage, Security Agreement and Fixture FinancingStatement, of even date herewith between the Borrower and
Hazelwood Properties, Inc. (the "Lessor ") under that certain
ground lease betwen the Lessor and the Borrower, as tenant, as
mortgagors, 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 two Guaranties of Performance of Lease from Health
Resources, Inc. and St. John's Lutheran Hospital Association,
respectively, to the Lender (the "Guaranty "). The proceeds ofthisNoteshallbeplacedintheProceedsAccountofthe
Construction Fund established pursuant to a resolution adoptedAugust9, 1982 by the City and the Construction Loan Agreementhereinafterreferredto) and disbursement of the proceeds of
this Note from the Construction Fund is subject to the terms
and conditions of a Construction Loan Agreement of even date
herewith among the Lender, the City, the Lessor and the
Borrower (the "Construction Loan Agreement ").
6. The Holder may extend the times of payments of
interest and /or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date, totheextentpermittedbylaw, without notice to or consent of
any party liable hereon and without releasing any such party.However, in no event may the Final Maturity Date be extended
beyond thirty (30) years from the date hereof.
7. The Borrower may prepay the Principal Balance in
whole or in part in increments of $100,000 on the first day of
any month 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 subject
to mandatory prepayment in whole or in part pursuant to Section
2.1 of the Construction Loan Agreement in the amount of anysumsremainingintheProceedsAccountoftheConstruction Fund
at the Completion Datet(as such terms are defined in the
Construction Loan Agreement), in which event a prepayment
premium shall also be payable in accordance with paragraph 8
hereof, and the time of such prepayment may not be extended
pursuant to paragraph 6 hereof. Upon the occurrence of certainEventsofDefault" under the Construction Loan Agreementand /or under the Mortgage, and as provided in paragraph 12hereof, the Holder may declare the Principal Balance and
accrued interest on this Note and the Series B Note,_to be
immediately due and payable (any such action and any similaractionpursuanttoparagraphl(c)(ii) hereof being.hereinafterreferredtoasan "acceleration" of this Note), in which event
a, prepayment premium shall also be payable in accordance withparagraph8hereof.
30 - 8/9
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 be
payable in accordance with paragraph 8 hereof.
S. 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 8, the
Borrower shall pay a premium calculated as f_o_1_1_o_w_s_-___Fa7 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 numerator of which is the number of days
remaining 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 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 Final Maturity Date, with the
amount of each such hypothetical monthly payment equal to the
Quotient and with the first payment payable 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 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 Mortgage and remains uncured at the 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 office 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 instrument of transfer satisfactory to
the City Clerk duly executed by the Holder or his dulyauthorizedagent. 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
31 - g/9
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
constitute a debt of the City within the meaning of any
constitutional or statutory limitation, are not payable from or
a charge upon any funds other than the.revenues and proceeds
pledged to the payment thereof, and do not give rise to a
pecuniary liability of the City or, to the extent permitted by
law, of any of its officers, agents or employees, and no holder
of this Note shall ever have the right to compel any exercise
of the taxing power of the City to pay this Note or the
interest thereon, or to enforce payment thereof against any
property of the City, and this Note does not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City, and the agreement of the City to perform
or cause the performance of the covenants and other provisions
herein referred to shall be subject at all times to'the
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
12. It is agreed that time is of the essence of this
Note. If the City defaults in the payment when due of any
installment of principal or interest or any premium or penalty
due hereunder or the Series B Note and if said default shall
have continued for a period of five (5) days, or if an Event of
Default shall occur as set forth in the Mortgage, the
Construction Loan Agreement or the Loan Agreement, then the
Holder shall have the right and option to declare the Principal
Balance, and accrued interest thereon, together with the
premium specified in paragraph 8 hereof, immediately due and
payable but solely from the sources specified in paragraph 11
hereof. Failure to exercise such option at any time shall not
constitute a waiver of the right to exercise the same at any
subsequent time. '
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 together,
at the sole discretion of the Holder, and may be exercised as
often as occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no event be
construed as a waiver or release thereof.
32 - 8/9
14. The Holder shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed
by the 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 perform-
ed 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)
Seconded by Councilmember Juker. Ayes - all.
i. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -8 -112
RESOLVED by the City Council of the City of
Maplewood, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions
33 - 8/9
The terms used herein, unless the context hereof
shall require otherwise shall have the following meanings, andanyothertermsdefinedintheLoanAgreementshallhavethesamemeaningswhenusedhereinasassignedtothemintheLoanAgreementunlessthecontextorusethereofindicatesanother
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
executed by the Tenant assigning all the rents, issues andprofitsderivedfromtheProjecttotheLendertosecuretherepaymentoftheNoteandinterestthereon;
Bond Counsel the firm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, or anyotherfirmofnationallyrecognizedbondcounsel, and anyopinionofBondCounselshallbeawrittenopinionsigned by
such Bond Counsel;
Borrower Hazelwood Properties, Inc., 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 the Resolution adopted August 9 authorizing theissuanceoftheSeriesBNoteandintotheProceedsAccoun£ oftheConstructionFundtheproceedsoftheNoteandtheSeries B
Note will be deposited;
Construction Loan Agreement the agreement to be executed
by the City, the Borrower, the Tenant and the Lender, relatingtothedisbursementandpaymentofProjectCostsfortheacquisition, construction and installation of the Project;
Ground Lease the Lease of the Land between the BorrowerasLessorandtheTenantaslesseeexecutedonasevidencedofrecordbyaShortFormLeasefiled _
Document No.
Guarantors Health Resources Inc. and St. John's Lutheran
Hospital Association;
Guaranty collectively, the Guaranties of the Performance
of the Leases to be executed by the Guarantors as of the date
of this Agreement;
Land the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Lender First National Bank of Minneapolis, in
Minneapolis, Minnesota, its successors and assigns;
34 - 8/9
Loan Agreement: the agreement to be executed by the CityandteBorrower, providing for the issuance of the Note andtheloanoftheproceedsthereoftotheBorrower, including anyamendmentsorsupplementstheretomadeinaccordancewithits
provisions;
Mort a e: the Combination Mortgage, Security Agreement
and Fixture Financing Statement between the Borrower and theTenant, as mortgagors, to the Lender, as mortgagee, securingpaymentoftheNoteandtheSeriesBNoteandinterestthereonincludinganymortgagesupplementaltheretoenteredintoin
accordance with the provisions thereof;
Note the $ Commercial Development Revenue
Note of 1982, (Hazelwood Properties, Inc. 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;
Pledge Agreement the Pledge 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 asremains — Si nod at any time;
Project the Land and Improvements as they may at any
time exist;
Project Costs: the total of all "Construction Costs" as
that termis fined in the Loan Agreement;
Re'sol'ution: this Resolution of the City adopted August 9,
1982, authorizinghorizing the issuance of the Note, together with any
supplement or amendment thereto;
Series B Loan Agreement the agreement to be executed by
the City and the Tenant, providing for the issuance of the
Series B Note and the loan of the proceeds thereof to the
Tenant, including any amendments or supplements thereto made in
accordance with its provisions;
Series B Note the $ -Commercial Development
Revenue Note of 1982 (Maplewood Professional Building Limited
Partnership Project) to be issued by the City pursuant to the
Resolution);
Series B Pledge Agreement the agreement to be executed
by the City and the Lender pledging and assigning the Series B
Loan Agreement to the Lender;
Tenant Maplewood Professional Building Limited
Partnership and its successors and assigns under the Ground
Lease.
35 - 8/9
All references in this instrument to designated
Articles," "Sections" and other subdivisions are to the desig-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.
1 -3. Findings
The City Council has heretofore determined, and does
hereby determine, as follows:
1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
2) The City has made the necessary arrangements with the
Borrower for the acquisition of the Land 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 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
available to patients at reasonable costs), 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;
36 - g/9
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 theissuanceoftheNoteintheaggregateprincipalamountof
as hereinafter provided;
5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Land;
6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not consti-tute or give rise to a pecuniary liability or a charge against
the general credit or taxing powers of the City and neither thefullfaithandcreditnorthetaxingpowersoftheCityare
pledged for the payment of the Note or interest thereon; and
7) the Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and istobeissuedwithintheexemptionprovidedundersubparagraph
D) of Section 103(b)(6) of the Code with respect to an issueof $10,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under adifferentexemptionif, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1 -4. Authorization and Ratification of Project
is
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such appropri-
ate variations, omissions and insertions as are permitted or
required by this Resolution, and in accordance with the further
provisions hereof; and the total principal amount of the Note
that may be outstanding hereunder is expressly limited to
unless a duplicate Note is issued pursuant to Sec -
tionn2 -6. The Note shall be in substantially the following
form:
37 - 8/9
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 19Q2
Hazelwood Properties, Inc. Project)
FOR VALUE RECEIVED the CITY OF MAPLEWOOD# Ramsey
County, Minnesota (the "City "), hereby promises to pay the
First National Bank of Minneapolis (the "Lender "), its succes .
sors or registered assigns (the Lender and any such successor
or registered assignee being also sometimes hereinafter
referred to as the "Holder "), from the source and in the manner
hereinafter provided, the principal sum of or so muchDOLLARS ($ )
thereof as remains 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 any coin or currency which at the time or
times of payment is legal tender for the payment of public orprivatedebtsintheUnitedStatesofAmerica, in accordance
with the terms hereinafter set forth.
1. (a) From and after the date hereof through and
including , , interest only shall be
paid at the rate of 8 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 andonthefirstdayofeachandeverymonththereafterthroughand
including
b) Commencing on , and on the
thereafter, first day of each calendar month thePrincipal
Balance shall be amortized in equal consecutive monthlyinstallmentsofprincipalandinteresttheamountofeach of
which is to be calculated on an assumed -year
ar the rateamortizationwithinterestfrom
of % per annum and a final installment onAugust 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 andthereaftertoreductionofthePrincipalBalance.
38 - 8/9
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 be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) to A per annum
the "Taxable Rate ") provided, howeveF, 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 retroactivelyatsuchincreasedratefromtheDateofTaxabilitytothedate
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 first day of the month next following the date of paymentofsuchadditionalinterestandcontinuingonthefirstdayof
each month thereafter (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 reflect the accrual of
interest at the Taxable Rate and the
monthly installments of principal and
interest payable commencing with the
payment shall be
recomputed on the basis of the Taxable Rate
on an assumed year amortization;
or
B) if amortization of the Principal Balance
had theretofore commenced under paragraph
b) hereof, the monthly installments of
principal and interest payable commencingwiththenextsucceedingpaymentshallbe
recomputed on the basis of the Taxable Rate
and amortization over the remaining portion
of the original assumed amortization.
ii) Upon a Determination of Taxability, the
Holder may declare the entire Principal Balance of this Note
together with accrued interest thereon at such retroactively
increased Taxable Rate to be immediately due and payable, plus
the prepayment premium, calculated in accordance with paragraph
8 hereof.
39 - 8/9
iii) The Holder shall give notice, as soon as
practicable, to the Borrower of any Notice of Taxability, 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 appeal
is undertaken, the increased interest provided in paragraph
b)(i) shall, 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, litigation
or appeal, 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 may 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
Hazelwood Properties, Inc. (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 charged
for the actual number of days principal is unpaid.
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 provide funds
for a Project, as defined in Section 474.02, Subdivisions la,
Minnesota Statutes, consisting of the acquisition of Land to be
leased to Maplewood Professional Building Limited Partnership
to construct thereon and equip a combination medical office
facility and related health care facilities, pursuant to the
Loan Agreement, and this Note is further issued pursuant to and
in full compliance with the Constitution and laws of the StAte
of Minnesota, particularly Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on
August 9, 1982 (the "Resolution ").
5. This Note and that certain $ Commercial
Development Revenue Note of 1982 (Hazelwood Properties, Inc.
Project) (the "Series B Note ") are secured by two Pledge
Agreements of even date herewith by the City to the Lender
collectively, the "Pledge Agreements "), a Combination
Mortgage, Security Agreement and Fixture Financing Statement,
of even date herewith between the Borrower and Maplewood
Professional Building Limited Partnership (the "Tenant ") under
that certain Ground Lease between the Tenant and the Borrower,
as lessor, as mortgagors, 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
4o - 8/9
Rents and Leases ") and two Guaranties of Performance of Lease
from Health Resources Inc. and St. John's Lutheran Association,
respectively, to the Lender (the "Guaranty "). The proceeds of
this Note shall be placed in the Proceeds Account of the
Construction Fund established pursuant to the Resolution and
the Construction Loan Agreement (hereinafter referred to) and
disbursement of the proceeds of this Note from the Construction
Fund is subject to the terms and conditions of a Construction
Loan Agreement of even date herewith among the Lender, the
City, the Tenant and the Borrower (the "Construction Loan
Agreement ").
6. The Holder may extend the times of payments of
interest and /or principal of or any penalty or premium 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 party.
However, in no event may the Final Maturity Date be extended
beyond thirty (30) years from the date hereof.
7. The Borrower may prepay the Principal Balance in
whole or in part in increments of $100,000 on the first day of
any month 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 subject
to mandatory prepayment in whole or in part pursuant to Section
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 paragraph 8
hereof, and the time of such prepayment may not be extended
pursuant to paragraph 6 hereof. Upon the occurrence of certain
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
l(c)(ii) 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 be
payable in accordance with paragraph 8 hereof.
41 - 8/9
8. If at the time of any prepayment or acceleration
of this Note, the yield on U.S. Treasury securities (aspublishedbytheFederalReserveBankofNewYork) having amaturitydateclosesttotheFinalMaturityDate (the
Government Yield "), as determined by the Holder as of the date
of prepayment or acceleration, is less thanBorrowershallpayapremiumcalculatedas follows: (a) the
amount of principal so prepaid shall be multiplied by (i) the
amount by which 8 exceeds the Government Yield as
of the date of prepayment or acceleration, times (ii) a
fraction, the numerator of which is the number of daysremainingtotheFinalMaturityDateandthedenominator ofwhichis360, (b) the resulting product shall then be dividedbythenumberofwholemonthsthenremainingtotheFinal.Maturity Date yielding a quotient (the "Quotient "), (c) the
amount of the prepayment premium payable under this paragraphshallbethepresentvalueonthedateofprepaymentoracceleration (using the Government Yield as of the date ofprepaymentoraccelerationasthediscountfactor) of a streamofequalmonthlypaymentsinnumberequaltothenumberofwholemonthsremainingtotheFinalMaturityDate, with theamountofeachsuchhypotheticalmonthlypaymentequaltotheQuotientandwiththefirstpaymentpayableonthedateofprepaymentoraccelerationnotwithstandingtheforegoing, nosuchprepaymentpremiumshallbepayablewithrespecttoaprepaymentmadeattheoptionoftheHolderpursuanttoArticleFiveoftheMortgageorSection5.02 of the Loan AgreementunlessanEventofDefaulthadoccurredundertheLoanAgreementortheMortgageandremainsuncuredatthetime 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 office of the CityManagerbytheHolderinpersonorbyhisagentdulyauthorized
in writing, at the Holder's expense, upon surrender hereof
together with a written instrument of transfer satisfactory to
the City Clerk duly executed 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 NoteislastregistereduponthebooksoftheCitywithsuch
registration noted on the Note, as the absolute owner hereof,whether or not overdue, for the purpose of receiving payment oforontheaccountofthePrincipalBalance, 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.
42 - 8/9
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 Agreements, 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
constitute a debt of the City within the meaning of any
constitutional or statutory limitation, are not payable from or
a charge upon any funds other than the revenues and proceeds
pledged to the payment thereof, and.do not give rise to a
pecuniary liability of the City or, to the extent permitted by
law, of any of its officers, agents or employees, and no holder
of this Note shall ever have the right to compel any exercise
of the taxing power of the City to pay this Note or the
interest thereon, or to enforce payment thereof against any
property of the City, and'•this Note does not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City, and the agreement of the City to performorcausetheperformanceofthecovenantsandotherprovisions
herein referred to shall be subject at all times to the
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
12. It is.agreed that time is of the essence of this
Note. If the City defaults in the payment when due of any
installment of principal or interest or any premium or penaltyduehereunderortheSeriesBNoteandifsaiddefaultshallhavecontinuedforaperiodoffive (5) days, or if an Event ofDefaultshalloccurassetforthintheMortgage, theConstructionLoanAgreementortheLoanAgreement, then the
Holder shall have the right and option to declare the Principal
Balance, and accrued interest thereon, together with thepremiumspecifiedinparagraph8hereof, immediately due andpayablebutsolelyfromthesourcesspecifiedinparagraph11
hereof. Failure to exercise such option at any time shall not
constitute a waiver of the right to exercise the same at any
subsequent time.
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 LoanAgreement, are not exclusive and shall be cumulative andconcurrentandmaybepursuedsingly, successively or together,
at the sole discretion of the Holder, and may be exercised as
often as occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no event be
construed as a waiver or release thereof.
14. The Holder shall not be deemed, by any act of
omission or commission, to have waived any of its rights orremedieshereunderunlesssuchwaiverisinwritingandsigned
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.
43 - 8/9
IT IS HEREBY CERTIFIED AND RECITED THAT all conditions, acts and things required
to exist, happen and be performed precedent to or in the issuance of this Note do
exist, have happened - and - have been performed in regular and due form as required
by law.
IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its
name by the manual s- ignatures 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 OFMAPLEWOOD, MINNESOTA
s/ John C. Greavu
Mayor
ATTEST:
s/ Lucille E. Aurelius _
City Clerk
SEAL)
Seconded by Councilmember Juker. Ayes - all.
AWARD OF BIDS
None.
H. UNFINISHED BUSINE
None.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Code Amendment - House Moving
Tabled to later on the Agenda.
2. Special Exception: Beam and Highway 61
a. Manager Evans presented the staff report.
b. Commissioner Bill Howard presented the following Planning Commission recommend-
ation:
Commissioner Fischer moved the Planning Commission recommend the City Council approve
the special exception permit for the operation of a used car lot at the northwest
corner of Beam Avenue and Highway 61, subject to:
1. The requirements of Section 805 of City Code, pertaining to issuance and renewal
44 - 8/9
of licenses for the operation of used car lots. License issuance and renewal
shall be subject to any conditions to be imposed under the Community Design
Review Board Ordinance. If a license has not been obtained within six months,
special exception permit approval shall- be null and void unless extended by
the City Council.
2. Special exception permit approval is subject to renewal one year following license
approval.
3. No development occur on the 100 by 100 foot area in the northwest corner of
the site without prior approval of the City Council.
4. Dedication of a ten —foot wide storm sewer easement along the western boundary
of the property.
5. Payment of a deferred water assessment of $782.95 plus interest for Project
75 -16.
6. Before an occupancy permit will be issued, an off — street twelve —foot wide trail
easement shall be dedicated if State Highway right —of —way cannot be used, and
an eight —foot wide asphalt trail shall be constructed, subject to the approval
of the Director of Community Services, along the easterly frontage of this
property.
Commissioner Ellefson seconded.
Voting on the motion: Ayes — Commissioners Barrett, Ellefson, Fischer, Howard,
Kishel, Prew, Sletten, Whitcomb"
C. Mr. Tim Geck, attorney representing Fred and Frank Macalus, spoke on behalf
of the proposal.
d. Councilmember Bastian moved to approve the special exception permit for the
operation of a used car lot at the northwest corner of Beam Avenue and Highway E
as .requested b Fred and Frank M subject to the following conditions:
1. The requirements of Section 805 of City Code, pertaining.to issuance and renewal
of licenses for the operation of used car lots. License insurance and renewal
shall be subject to any conditions to be imposed under the Community Design
Review Board Ordinance. If a license has not been obtained within six months,
special exception permit approval shall be null and void unless extended by
the City Council.
2. Special exception permit approval is subject to renewal one year following license
approval.
3. Dedication of a ten —foot wide storm sewer easement along the western boundary
of the property.
4. Payment of a deferred water assessment of $782.95 plus interest for Project
75 -16.
5. The 100 foot x 100 foot area in the northwest corner shall not be developed.
6. The Community Design Review Board is to use the Sparkle Auto conditions as a
guide line for use with this application.
45 — 8/9
7. Owner and occupant shall agree to above conditions in writing.
Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers Bastian
and Maida.
Nays — Councilmembers Anderson and Juker.
F. PUBLIC HE (continued)
3. Code Amendment — Home Occupation 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing on amendment to the zoning
code to define a home Occupation, establish home occupation operational requirements
and provide for annual renewal by license. The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Commissioner Bill Howard presented the following Planning Commission recommendation:
Commissioner Kishel moved the Planning Commission recommend that the City Council
adopt the zoning code amendment which
1. Defines home occupation
2. Establishes home occupation operational requirements
3. Retains the special exception as the vehicle for approval
Also, adopt the code amendment which authorizes staff to annually renew home occupat—
ions by license.. Authorize staff to reinstate a $30.00 fee for home occupation
applications.
Commissioner Fischer seconded Ayes — Commissioners Axdahl, Barrett, Fischer,
Hejny, Howard, Kishel, Pellish, Prew,
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.
g. CouncilmemberJuker moved first re of a zoning code amendment as revised `
which:
1. Defines home occupation
2. Establishes home occupation operational requirements
3. Retains the special exception as the vehicle for approval.
ed a code amendment whic authorizes staff to annually (in January) renew home
ation by license , incl all previously approve request and m to
rize staff to reinstate a $30.00 fee for home occupation applications.
Seconded by Councilmember Bastian. Ayes — all.
46 — 8/9
4. Kennel License — 366 Lark Avenue 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Richard Lang, 366 Lark Avenue, fora kennel license - to_house three (3) dogs (1
police department German Shephard, 2 house pets). The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans stated Mr. Lang is one of the City's Police Department Canine
Officers. He currently has the police dog at his home plus a family pet. He proposes
to obtain a pup to train to become a future pot -ice dog. Since that would be a third
dog on the premises, he was advised to obtain a kennel license. Investigation by
the animal control officer indicates no reason that a license can not be granted.
It is recommended that the license be granted and the fee for this license be waived..
C. Mr. Richard Lang, 366 Lark Avenue, the applicant, spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
I. Mayor Greavu closed the public hearing.
g. Councilmember Anderson moved to appro the request of Mr. Ri Lang, 366
Lark Avenu for a smal ke l to ho three (3) dogs (one po depar
dog) and to waive the fee.
Seconded by Councilmember Bastian. Ayes — all.
5. Variance: 2588 Stillwater Road 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Dennis Joseph, 2588 Stillwater Road, for a variance to locate a pool in a front
yard setback area. 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 Bill Howard presented the following Planning Commission recommendation:
Commissioner Kishel moved that the Planning Commission recommend to the City Council
the approval of the swimming pool setback variance for Dennis Josephs of 2588 Still—
water Road, on the basis that:
1. The proposed pool would not hinder drivers' visibility at the intersection.
2. Strict enforcement of the Code would cause undue hardship because there is no
other feasible location for the pool due to trees or a high water table.
3. The intent of the Code would be satisfied since there would not be any neighbor —
ing homes with a clear view of the pool.
Commissioner Sletten seconded. Ayes — Commissioners Barrett, Ellefson,
Fischer, Howard, Kishel, Prew, Sletten,
Whitcomb."
d. Councilmember Anderson moved to table this item until the next Counci meet
as the applicant is not in attendance at the meeting.
47 — 8/9
Seconded by Councilmember Juker. Ayes — all.
e. Mrs. Vern Samuelson, owns property to the east of the Joseph's, asked questions
about the proposal.
J. NEW BUSINESS (continued)
1. Code Amendment — House Moving
a. Manager Evans presented the staff report.
b. Mr. Floyd Nelson, 3017 No. Chippewa Court, stated he and his neighbors support
the proposed regulations.
C. Mr. Herman Johnson stated he hopes the moratorium on house moving is lifted
as he wishes to move a house onto property on Southlawn Drive.
d. Councilmember Bastian moved first reading of an ordinance regulating the mov
of houses and ag rage in the City of Maplewood as amended.
Seconded by Councilmember Anderson. Ayes — all.
3. H.R.A. - Housing Program
a. Manager Evans presented the staff report with the following recommendations:
1. Request that the developers of sites three, four, six and seven submit prelim—
inary site plans and project narratives prior to August 27.
2. Authorize staff to secure letter of understanding, with the firm of Holmes
and Graven, effective September 14, to serve as bond cousel for the -HRA's housing
proposal, subject to Council ratification on September 13.
3. Authorize staff to secure a letter of understanding, effective September 14,
for: a) the firm of Juran and Moody, to serve as bond underwriter and financial
adviser for the HRA's housing proposal, and b) the firm of Miller and Schroeder
to serve as bond underwriter and Juran and Moody as financial adviser, subject
to Juran and Moody's fee being paid by the chosen developer.
Council would ratify one of these agreements on September 13.
4. Authorize a budget change of up to $4,000 to prepare the application for tax —
exempt bonding authority, subject to repayment if the application is approved.
This expenditure shall be funded by the $4,000 to be reimbursed for the feasibil—
ity study.
b. Mr. Stanley Kehl, attorney, and Andrew Merry, Juran and Moody, explained the
specifics of the proposal.
c. Councilmember Bastian moved to a recommendation No. 1 to approve sites
three, four and six.
Seconded by Councilmember Anderson. Ayes — all.
48 — 8/9
d. Councilmember - Bastian to approve recommendation No. 2 to authorize staff
to secure a letter of understanding, with the firm of Holmes and Graven, effective
September 14, to serve as bond counsel for the HRA's housing proposal, subject to
Council ratification on September 13..
s
Seconded by Councilmember Anderson. Ayes - all.
e. Councilmember Bastian moved to appro recommendation No. 3 an 4 and authorize
staff to secure a letter of understanding, effective S 14, for a) the firm
of Juran an Moody, to serve as bond underwr an finan advis for the HRA
housing proposa and b th firm of Mil and Schroeder to serve as bond underwrit
and Juran and Moody as financial adviser, subject to Juran and Moody's fee being -
paid by the chosen devel Authorize a budget chan of u to $4,0 to prepare
the application for tax - exempt bonding authority, subject to repayment if the appli-
s expenditure
itv studv.
000 to
Seconded by Councilmember Anderson. Ayes - all.
4. Adoption of Codification
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved first reading of an ordinance to adopt the codification.
Seconded by Councilmember Maida. Ayes - all.
C. Councilmember Bastian moved to waive the Rules of Procedures and hea second
reading of the o to adop the codification.
Seconded by Councilmember Juker. Ayes - all.
d. Councilmember Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO. 519
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF
MAPLEWOOD, MINNESOTA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL
OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;
PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE;
AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE
THE COUNCIL OF THE CITY OF MAPLEWOOD, -DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.. That the Code of Ordinances, consisting of Chapters 1 to 36, each
inclusive, is hereby adopted and enacted as "The Code of Ordinances, City of Maple-
wood, Minnesota," which Code shall supersede all general and permanent ordinances
of the City adopted on or before February 5, 1981, to the extent provided in section
2 hereof..
Section 2. That all provisions of such Code shall be in full force and effect
from and after August 9, 1982, and all ordinances of a general and permanent nature
of the City of Maplewood, adopted on final passage on or before February 5, 1981;
and not included in such Code or recognized and continued in force by reference
therein, are hereby repealed from and after the effective date of such Code.
49 - 8/9
Section 3. That the repeal provided for in section 2 hereof shall not be construed
to revive any ordinance or part thereof that has been repealed by a subsequent ord-
inance which is repealed by this ordinance.
Section 4. That any person convicted of violation of such Code shall be pun-
ished by as prescribed in section 1 -18 thereof, or as provided in any other applicable
section of such Code.
Section 5. That any and all additions and amendments to such Code, when passed
in such form as to indicate the intention of the Council to make the same a part
of such Code, shall be deemed to be incorporated in such Code, so that reference
to such Code shall be understood and intended to include such additions and amendments.
Section 6. That in case of the amendment of any section of such Code for which
a penalty is not provided, the general penalty, as provided in section 4 of this
ordinance and in section 1 -18 of such Code shall apply to the section as amended,
or in case such amendment contains provisions for which a penalty, other than the
aforementioned general penalty, is provided in another section in the same chapter,
the penalty so provided in such other section shall be held to relate to the section
so amended, unlesssuch'penalty is specifically repealed therein.
Section 7. Any ordinance adopted after February. 5, 1981, which amends or refers
to ordinances which have been codified in such Code, shall be construed as if they
amend or refer to like provisions of such Code.
Section 8. All ordinances or parts of ordinances in conflict herewith are,
to the extent of such conflict, hereby repealed.
Section 9. This ordinance and the Code adopted hereby, shall become effective
after passage and publication.
Seconded by Councilmember Anderson. Ayes - all.
5. On Sale Intoxicating Liquor License
a. Manager Evans presented the staff report.
b. Councilmember Joker moved to plac on the ballot of the nextjeneral election
th followin question:
Shall the City Council be allowed to issue On Sale Licenses for the sale of intoxi-
cating liquor at retail in excess of the number now permitted by law ?"
Seconded by Councilmember Anderson. Ayes - all.
Councilmember Juker withdrew her motion.
Councilmember Anderson withdrew his second.
C. Mayor Greavu moved to plac the followi question on the ballot for the general
election to be held November 2. 1982:
Shall the City Council of Maplewood, Minnesota be allowed to issue seven (7) On-
Sale Licenses for the sale of intoxicating liquor at retail in addition to the number
now permitted by Law ?"
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson,
Bastian and Maida.
50 - 8/9
Nays — Councilmember Juker.
6. Council Procedures
a. Manager Evans stated that at the meeting of July 26, Council indicated they wished to revise
the agenda to have Visitor Presentation later on the agenda.
b. Councilmember Bastian moved to place Visitor Presentation after New Business.
Seconded by Mayor Greavu. Ayes — all.
7. Maplewood Disaster Plan
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to accept the Emergency Action Plan as prepared by the
Director of Emergency Preparedness.
Seconded by Councilmember Anderson. Ayes — all.
K. COUNCIL PRESENTATIONS
1. Plan Review Authority
a. Councilmember Juker questioned if the Council should not be more involved in the building
and site plan reviews.
b. No action taken. Councilmember Juker will compile a recommendation of what building and
site plans the Council should become involved.
2. East Community Family Services
a. Councilmember Juker stated the East Community Family Services had received less money
from the City this year and was low on funds. It was suggested a letter be sent to Maplewood
churches asking for donations to the organization.
3. Shirts/Bumper Stickers
a. Councilmember Juker suggested T- shirts with the Maplewood Maple Leaf and Bumper
Stickers be sold year around to help advertise the City.
b. Councilmember Bastian
Seconded by Mayor Greavu. Ayes — Mayor Greavu and Coumncilmember
Bastian
Nays - Councilmembers Anderson, Juker and
Maida.
c. Staff stated an article should be placed in the Maplewood in Motion to see if there is an
interest in a committee to look into the possibility of the City selling such items year around.
4. Park Dance /Dinner
a. Councilmember Juker reported on the arrangements for the park dance to be held on
Saturday, August 14, 1982 and questioned what progress was being made with the
51- 8/9
Past Mayor and Councilmen Dinner on Sunday, August 15, 1982.
b. It was stated the plans for the dinner on Sunday are completed.
5. Plaza — 3000
a. Councilmember. Bastian stated that the conditions of the PUD for the Maplewood
Plaza have not been met as yet. Is there anything that can be done?
b. Staff will investigate.
6. Meeting Moratorium
a. Councilmember Bastian reported on the League of Minnesota Cities meeting that
is scheduled for August 10, 1982. If there is anything the Council wishes to have
discussed let him know. He reported on the AMM meeting held on August 5, 1982.
b. Councilmember Bastian stated the North Suburban Chamber of Commerce Annual Picnic
will be held August 19, 1982 and there will be a meeting regarding the proposed
race that will be held August 16, 1982.
L. COUNCIL PRESENTATIONS
1. Park and Recreation Department — Resignation
a. Manager Evans stated the City had received a letter from Marvin Mahre indicating
he was resigning from the Park and Recreation Commission.
b. Councilmember Anderson moved to a the resignation of Marvin Mahr with
regrets and forward a letter of thanks.
Seconded by Mayor Greavu. Ayes — all.
2. Police Department
a. Manager Evans stated Lt. Dennis Cusick will be leaving September 1, 1982 and
requests permission to ask the Civil Service Commission to provide a list for the
lieutenants'position..
b. Councilmember Anderson _mov to authorize the Manager t proceed — with — the hir
of a replacement for Lt Cusick.
Seconded by Councilmember Anderson. Ayes — all.
C. Councilmember Bastian moved to
gen Fund to proceed with the hir
Seconded by Councilmember Anderson
M.ADJOURNMENT
10:45 P.M.
rove a budget transfer of $5,000 from the Contin—
Df a lieutenant and a Director of Public Safety.
Ayes — Councilmembers Anderson, Bastian,
Juker and Maida
Nays — Mayor Greavu.
City C
52 8/9
MINUTES OF MAPLEWOOD CITY COUNCIL
4:15 P.M., Wednesday, August 11, 1982
Council Chambers, Municipal Building
Meeting No. 82 -
A. CALL TO ORDER
A special meeting of the City Council Of Maplewood, 'P Minnesota, was held in the CouncilChambers, Municipal Building and was called to order at 4 :17 P.M. by Actin Mayoryor Juker.
B. ROLL CALL
John C. Greavu, Mayor
Norman G. Anderson, Councilmember
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
MaryLee Maida, Councilmember
Arrived at 4:26 P.M.
Present
Present
Present
Present
C. PUBLIC HEARINGS
1, Variance: 2588 Stillwater Road
as Acting Mayor Juker reconvened the meeting or a public 'request_ for a variance to locate
g P is hearing regarding the
a swimming pool in a front yard setback area at2588StillwaterRoad. The hearing s continuedd from August 9, 198219
b. Manager Evans presented the staff report withith the following recommendation:
Approval of the swimming pool setback variance for D 'water Road, on the basis that:
ennis Josephs of 2588 Still --
11 The ro osed •P p pool would not hinder drivers' visibility t the in •y intersection;
2. Strict enforcement of the code would cause undue hardship because thereisnootherfeasiblelocationforthepoolduetotrtable; ees or a high water
3. The intent of the Code would be satisfied since there would not be anyneighboringhomeswithaclearviewofthePool.
c. Mrs. Dennis Josephs, 2588 Stillwater Road the a litheproposalandansweredquestionsfrom '
PP cant, spoke on behalf of
m the Council.
d. Acting Mayor Juker called for proponents, Noneone were heard.
e. Acting Mayor Juker called f-or opponents. None were heard.
f. Acting Mayor Juker closed the ublic hearing.g.
g. Councilmember Bastian moved to the variance as requested b Dennis Joseph,2588 Stillwater Road, to locate an in—ground swimmingimmin pool within the thirty footfrontyardsetback (pool would be sixteen feet from front lot line) subject to thefollowingconditions:
1 — 8/11
1. A 6 foot high solid privacy fence be constructed on the north and west sides.
Seconded by Councilmember Anderson. Ayes - all.
Mayor Greavu arrived at the meeting at 4 :26 P.M.
D. ADJOURNMENT
4:31 P.M.
City Clerk
2 — 8/11
000772 1,904.94 GREA WE LIFE ASSU CONTRIBUTION- .INSURAN .
w „i. _ LIFc",._ R C G'4 T I N U A N C E-
ANDm HEALTH INS PAYABLI
AND -LIFE INS )ED PAYA
AND CONTRIBUTIONS ,I NSl
000 774 4, 333. 94 MN MUTUAL LIFE INS CO CONTRIBUTIONS INSURAN'
0;00775 3 +560.65 MN MUTUAL LIFE INS CO A/R - INS CONTINUANCE
AND- MEALTH INS PA Y' A BLi
AND•LIFE . INS Do 0 . PA YA:
PftANO- DENTAL INb PA YA BL
AND - CONTt?I SUTI ONS , I NSi
0 00 776 7, 093.60 MINN STATE TREASURER MV LICE -. -- -- - - - --F*E S PA YAB1
T REA SURER - STATE._ - D1L. FEES PA YABL
000 333.15 I CMA RETIREMENT CORP DEFERRzO COMP PAYABLE
A.Na1 DEFFRREC COMP =NS
000779 15 14 MAPLEWOOD STATE BANK FED INCOME TAX PA YA BL
00078 7 , 3 T 5.51 STATE OF M N - - -- -- -` - - - - - -- - - -- -STATE INCOM TAX MAYA
78 _ 2 Q Q*. OA____ H iii. - ETA. T E._ - R E T Z REM E. UT- S`.Y-ST -- _ _D E F E RR£ Il 0 M P P A Y, BC LE
000782 293,. 68 AFSC ME LOCAL 2 UN CN DUES PAY AS: = .S ..
AND -m FAIR.. SHARE FEES P
000783 277. 00 MN MUTUAL LIFE INS CO
000784 24* 00 METRG SUP£RVI SGRY ASSOC UN I CN DUES PAYABLE'
BA ! A G E` flE t U G T 13 N 3 P A Y A B
000786. 222936 WISCONSIN DPT OF REVENUE STATE INCOME TAX OAYA
i
0 00 787 22907 . 5048 MM STATE TREA SURER A -- ----
i - - - --
C F• I. C. A. PAYABLE
AND =CUE TO OTHER GOVT
DEFERRED COMP PAYABLE
CIT OF
t
MAPLE WOOD A C C O U N T S P A Y A B L E DATE 08-23 -82 Pa GE
CHE'A M 0 U N T C L A I M A N T P U R P 0 S E
000769 1, 923. 22 MN STATE TREA SURERMOPE RA CONTRI BUTTONS + PnA
000770 3068923 MN STATE TREASURER - PERA P.E. A : --R• DED PAYABLE
AND - CONTRIBUTIONS + PEF
D OOT7i 8 +504. 16 MN STATE TREASURER - PERA P. E. R. A. of PAYABLEAYABLE
AND- CONTRISUTIONS, PEF
000772 1,904.94 GREA WE LIFE ASSU CONTRIBUTION- .INSURAN .
w „i. _ LIFc",._ R C G'4 T I N U A N C E-
ANDm HEALTH INS PAYABLI
AND -LIFE INS )ED PAYA
AND CONTRIBUTIONS ,I NSl
000 774 4, 333. 94 MN MUTUAL LIFE INS CO CONTRIBUTIONS INSURAN'
0;00775 3 +560.65 MN MUTUAL LIFE INS CO A/R - INS CONTINUANCE
AND- MEALTH INS PA Y' A BLi
AND•LIFE . INS Do 0 . PA YA:
PftANO- DENTAL INb PA YA BL
AND - CONTt?I SUTI ONS , I NSi
0 00 776 7, 093.60 MINN STATE TREASURER MV LICE -. -- -- - - - --F*E S PA YAB1
T REA SURER - STATE._ - D1L. FEES PA YABL
000 333.15 I CMA RETIREMENT CORP DEFERRzO COMP PAYABLE
A.Na1 DEFFRREC COMP =NS
000779 15 14 MAPLEWOOD STATE BANK FED INCOME TAX PA YA BL
00078 7 , 3 T 5.51 STATE OF M N - - -- -- -` - - - - - -- - - -- -STATE INCOM TAX MAYA
78 _ 2 Q Q*. OA____ H iii. - ETA. T E._ - R E T Z REM E. UT- S`.Y-ST -- _ _D E F E RR£ Il 0 M P P A Y, BC LE
000782 293,. 68 AFSC ME LOCAL 2 UN CN DUES PAY AS: = .S ..
AND -m FAIR.. SHARE FEES P
000783 277. 00 MN MUTUAL LIFE INS CO
000784 24* 00 METRG SUP£RVI SGRY ASSOC UN I CN DUES PAYABLE'
BA ! A G E` flE t U G T 13 N 3 P A Y A B
000786. 222936 WISCONSIN DPT OF REVENUE STATE INCOME TAX OAYA
i
0 00 787 22907 . 5048 MM STATE TREA SURER A -- ----
i - - - --
C F• I. C. A. PAYABLE
AND =CUE TO OTHER GOVT
DEFERRED COMP PAYABLE
A
C OF.MAPLE M000 A C C 0 U A T S P A Y A B L E DATE 08 -2 3- PAGEPAG_M
CHECK*A M 0 U N T C L A I 4 A N T P PUR 0 S =
000788 145.75 PAUL HAAG WAG P ESQ /T TEMP.
000 789 4 MINN STATE TREASURES - --MV - - L - -- - --LICENSE F_E S PA Y A $4
z_ __T RZ AS ER I' A I £.-- D lL FEES P A Y Ar3L.
000791 3, 699.50 MINN STATE TREASURER N - --V LICENSE FEE PAYASt
000792 180. 00 MI STATE TREASURER ST D/L F A. FA Y A ZL.
006193 r _ 2 j Y II r P aS T M AS T:. + ---- -P O S 1 A jG
000794 74.59 RAMSEY Co CLERK OF DIST CNTY D/L FEES YSA AgL
080795 10 0. 4 0 MN ZOOLOGICAL GARDENS _._
I F c'FC t SERVICE
Youth Special Events
030796 1, II 0 D. IIII -- -MPi. 0 YEE- 3ENEFI T CLA 1 MS~-- - - - -- - --DEPOSITS WITH P A Y NG
000797 181. 00 MINN STATE TREASURER STATE a/ F'T . FEES PA Y A 3L.
00079 2, 956.50 MINN STATE TREASURER _ ^ -V LICE NSE F__S PA Y A9,
0 00 793--.C O N T R I a U T i O N Tai A1Sl R
0.00800 37T. 9T CONN GENERAL LIFE INS CO A/R - INS CONTINUANCE
AND CONTRIdUTI0NS, INS(
000801 2, 276. T9 MINN STATE TREASURER MV LIC S% CtNSE FE` MAYA St
00080 203. OD MINN STATE TREASURER - -S ATE D/L FEES PAYA3L!
080883 SUPPLIES*OFFICE
AND - TRA VEL } TRAINING
00080 o. U ----COUNTRY CLUa MARS. ANC- -_ -- -- --- - --SUPPL QLIDS, P ..GRAM!
000305 1501600 MN REC f PARKS ASSOC FEES • SERVICE
State Tournament
030806 253. 00 MINN STATE TREASURER STATE 6/L FED PA A Y 31. .
DOD 80 T 3, 04d-e 25 - --xlt4M - -S- TATS- .- TtcEASU - - - - --MV LIC =KSL F,:.S PAYAB
000803 600 VOID CHECK VOIDED CHEx s
000809 198.00 STORM WATER CCNSULTANTS -- -...TRAVEL T
4 -10 3, 7 82 74 --- --NECESSARY- - EXPEND -IT UKES -- SINCE- LAST_-COUNCIL MEETING- - - - --
CITY of MAPLE h000 A C C 0 U N T S P A Y A 8 L E DATE 48 - 23 -62 PAGE
CHECK*A M O U N T C L A I M A 14 T P U R P 0 5
013954 S ARI MECHANICAL SERVICES REP. NA NT.
013955 1 fl. b3 A CRO -MI NN ESOTA INC
BL DGt 4
SUPPL IES, OFF
fl l3 95 2 b- -95- - F U C Z & -1 REP- -NAINT -- VE01395783037AMERICANTOOLSUPPLYCOSMALTCQLS
013 95 8 91.50 EA RL F ANDERSON } ASSOC M IN MAA -- MA013959 ___._462 Ofl~AGUA Y ft",I3 w E.fi t
013960 1, 059.83 RN LS AUTO SERVICEAAA
F ES _
C emica -- -- -of ets
RE . * PAINT., VEHICI013961172970AU _ -INOUSTRIES INC REP.TMAINT., UTA.LII
013962 111-x' -.8AI1 _
013963 96.56 SATT£RY } TIRE wHSE INC SU PPLI £ -S, VEHI LLE
013 964 8$. 5b 3E _ -RG TCRSTH INC SUPPLIES, VEHI
Zt,._. -.A.._ A UTD- _ PART SUPPLIES VHl
013966 1, 084.97 S0A F0 WATER COMM OUT SIDE ENGINEERING F
013967 2 0 7. T 2 BOAR
T
o RD OF WATER CQMM UTILITIES
A^ "AGEblLY N r-Q ....__ -I NSUkAN =
AN04WREP. * MAINT., VE
8 RE 0 E .MU.S- .. H -ARO WAS__HAI NTENAN -CE MA T ARIA LS
013970 237900 CAPITOL C -CITY LAWN '10 WE.K MA INTENA MATERIALSCEMATERIAL
013971 CASE POWER EQUIPMENT2UIMENT SUPPLIES • VEHICLE.,
61,3.9- - -25.25 ___ _C + aPP SPRINGS - C -CES: ER S
a er - - - - -013 9T 3 220.00 COPY DUPLICATING PFCOO
oo er
DUPLICATING COSTS
013974 7 6.37 C EQCOPY QUI PMt SU ,PPL I E S, EQUIPMENT
013975. _....__.4t. 88 - -- —iFkN
SUPPLIE cQUIPMENT
013976 330900 PAT DALEY
c E S, S E R V I C E
013977 10.80 DISPATCH - PIONEER PRESS
Plumbing torInspec - . _
SU 85CRIPTI ONS +HEM SERS
013974 -157* 45 -- -F Q$ T_ -- C Q._ - _L Z H_ F . fly, p I _ __- _-____ -_F U E_L --CI L .
CIT OF M APLEWOOfl A C C O U N T S P A Y A 8 L E DATE 08 -23 -82 PAGED
CHECK*A M O U N T C L A I M A N T P U R P 0 S E
013979 680 0 40 EASTMANAN KODAK CO DUPLICATING COSTS
013980 11 593.97 EAST K ODAK CO DUPLICATING COSTS
M
low
013982 484.20 FEDERAL, LUMBER CD MAINTENANCENTENANCE MATER I AL S
013983 27, 67 GENUINE PARTS CO
1 - --
SUPPLIES9 VEHICLE
II 13 98 38-5. An a-- F GOD SUPP LI E t- -
013985 1, 6 0 0. O 0 GOPHER FI R' WO RKS SUPPLIES, PROGRAM
013986 2 6 2.5 0 C U A N -GRACE FEES 9 SERVICE
0 13 98 1 - - --27- t 5 JAN --- GRE W
Temp . Inspector
SUPPLIES #-- PROGRA.K. -_ -
ANO.800 KS
AND -m TRAVEL + BRAINING
013988 14 d . 40 GROSS I NO U StRIAL UNIFORMS f CLOTHING
813 399-48 5*-2 GRCL NaUSTRIAL --_ ____--U_tIPQRMS -_ -}._ C&-0Th1 G___
013990 16 39 85 MARM ON GLASS REP. * MAINT., VEHICLE;
013 991 7970 70 HIGHWAY 51 80CY SHOP REP. } MAINT., VE
24-.--9 & M T 1.L.ZRFS.T- _- .iA I.4N.._MF --U - .SiJPPI.IFS, VEHICLE -. ----
013993 1 #* 09 HOWIES LOCK + KEY SERV:iC SUPPLIES, EOUI PME*T
013994 13.43 J QLL Y Y,T M FAVCRS SUPPLIES, PROGRAM
013 995- -__ - -- - -- L? .132. AL1 ---U Uj kX__+ _A 0 aa.f_._.jNC`LEGAL- + - FI S C A.,_ - - -- - -
013996 2210.95 KNOX LUMBER COMPANY MAINTENANCE MATErcZALS
013 997 11200 00 LAKE SANITAT
CITY OF M.A P L E i O O D A G G O t1 N T S P A Y A 9 .E DAT 08 -23 -d2 PA G
CHECKS A M 0 U N T C L A I M A N T P U R P 0 -
014003 242.72 HANDO PHOTO FEES , SE'RVI P=EPhotoRefznis h in g0140048934MAPLEW000BAKERYSUPLI ..S, PP OGRA M
014 005-AP E. OD
01400 6 273994 MAPLEW003 FOODS SUPPLIES, PROGRAM
014 00 7 13 . d 4 M A P L E W Q 0 D - F -- - -- - - - -- - . ---- - - - -__ - - - -.--OOGS SUPPLIES, PFOGRAM
014 00d 334.54_.-tfA?LZ.'_WOQa - -- £.1t _ _R It ___ _ _—PUSLZSNING
AND -LEGAL + FISCAL
014009 28.2Q-MAPLEWOOD REVIEWI W _ .. _- -- _ -_ __.._._._PU 9 L I S H I N G
0140 , 10 1, 863.72 METROPOLITAN INSP'T'z lON c -cF_S, $ERVICt
Electrical Inspect i on:0 i4 01 i 300.6.1 METRO WASTE CONTROL COMM A/R SEWER 6ILL SVGS
01 157 ___N. AT T- Pu.C._. - --RENTAL EQUIPMENT
014013 6,197, 38 MN UHEMP' OY C0NP FUND UNEMPLOYMENT .COMP.
014 014 18412 STATE OF MM REP, PAINT., EQUIPM:
014 015 1,271s CO.MUNIC _ t. PRIVATE FEES, SERVICEE
Animal, Control
0 14016 39. 95 CAROL NELSON TPA TRAV TRAINING
D 14 0117 i , 68 4. 44 CITY 0 F N ORT H ST PAUL UT IL ITI ES
014 018 25.97 -NORTH ST PAUL PLB G +HT G . -._.__MAINTENANCE MATERIALS
014 019 24.54 NORTHERN AUTOMOTIVE CO SUPPLIES, VEHICLE
014020 b, 645.35 NORTHERN STATES - POWER CO UTILITIES
014 021 713.53 -N d RT HE RN. S T A TES _ P 0 WE ,; - CO.. . - . - . - . -UTILITIES
014 022 324. d9 NORT STATES PO WER CO UTILITIESES
014023 19, OS NORTHERN STATESS POWER CO UTILITIES
C14324 1.196.29 NORTHERN STATES POWER CO.U T I L I T i t.SE
014025 6.00 LAVERNE Nt1TESCN TRAVEL TRAINING
014026 2 2 7.5 9 OLD' - 0 0 M N I O N BRUSH SUPPLIES, VEHI
014027 2, 075.00 - ---. - .PETE RSON SELL_ - t CONVERSE__._..._ _F - c Aug. ReEES: S V1C g
Prosecuting Attorney
CITY OfMAPL£W000 A E G 0 U N T S P A Y A8 LE DATE 08 -23 -82 PAGE
0 HE CK+'A M 0 U N T C L A I AM N T P U R P O S E
014 028 5. 95 DAVID J PIL Ai. TIKE TRAVEL $- TRAINING
014029 170 PROM ACC --I SMALL TOOLS
014 . 03 8
Q FF I C.£ - --
0 i4 031 6000 RAMC 0 PUBLISHING SUPPLIES. PROGRAM
014032 17*83 c S SALES + SERVICE SMALL TOOL,*)
014
MA I NTENANCE MA
014034 91010 RUGGED RENTAL RUGS FEES, SERVICE
014035 1,155 --- -00 Rugs Cleaned
SCM SUPPLI =S, RANGE
OUTSIDE HGIERIiG F
0140 ' - 3 7 279.,.03 S } T OFFICE PROD SU OFFICE
AND - SUPPLIES, PROGRAM
014 0 8 1 9 64 D. 40 T Q S H F fCISKY SONS INC MAI NT NANCE MATERIA
014039 16,315.70 SC £ , - _HO L MADSON INC OUTSIDE ENGINEERRi F
014 0411 89.6 -SEARS- FLOE allCK _t_ Cam.PROGRAM _
014 041 35, 58 CHRI STI N= S 'OLTT£c SUPPLIES9 PkOGRAM
Attn _ TrZA 1IE1, f TRAINING
O 14042 45.50 CITY OF .S T PAUL REP* + MA I NT. , RADIO
014 04 3 37000 S T PAU - ---DISPATCH PUBLISHING
S Erb V I C = _ .
014 045 15. QO PAUL INE STAPLES
Engraving
SUPPLI PROGRAM
014046 T4. 25 STAT •ME I - -- ---D CAL IyC SUPPLIES, E QUIPMENT
014 t34 3 5.- 7T ---.5 MEN SUPPLIES VEHICLE.- _
014 04 8 65.61 S U PE RA MER I C A SUPPLIES, VEHICLE
AND- FUEL OIL _.
014 049 398.33 TAKGET ST ORES CIN SUPPLI PROGRAM
AND - SMALL T OOL. S-- - - - -
AND OFF +
511* 96L - - --T O L I • KI N C D U 1l A Ll___ - - -- _ . _ . - - - - --OUTSIDE ENGINEERING F
CIT OF MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE 08 -2 -8 2 pAG=
C.HE C '`A M 0 U N T C L A I M A N T P U R P O S E
014 051 83. 25 HERB TOUSLEY FORD INC REP. MAINT. , y£ HI CL=
014.052 1, 553.59 TRUCK UTILITIES + MFG CO -REP. * M -AINT., y =MICE_
D 14 05"A 16 T_ URN QU 1ST-- PAPER - -- anSAP L-I £ S -- Aftl i TOR JAL--
014 054 814. 00 TWIN CITY TESTING OUTSIDE E GI "' NcRI.G FE
014055 231.41 UNIFORMS UNLIMITED UNIFORMS CLOTHING _
014 0 5 b I:r- 0- --F U F L- } -
014057 429.40 VIKING IAOUST RIAL Cc NTER SUPPLIES E 0 PU MENT
014058 122.75 VIRTUE PRINTING CO X11 - BL._ _SNI ING
ANG- SUPPLIES, OFFICE
014059 0. bZ WARNERS TRUE VALUE HON - - -- ---- .- -SMALL TCOLS
ANDlaSUPPLIE.S, VEHICLE
AND- SUPFLIES, OFFICE
ANN- SUPPLI EQUIPMEN
0 i4 06 264 Ofl __WEBER - f_.; R CS T H--- Z NC-- -- —F E ES -- S ER v 1 G E •Fire
0140611 34.32 WESTINGHOUSE ELECTRIC Extingguishers RechargESUPPLIESAJANITORIAL
014062 24. a0 WHITE BEAR OFFICE PRo0 SUPPLIES _. --FI C
400E P U_A_._.Z APP A U CLOT KING - - -
014064 38050 ZEP MFG CO SUPPLIES, JANITORIAL
014065 162.00 LYNN A BcRENS WAGES, - - P/T + TEMP
014066 sk- --6,12 -_r.L.IZAHETHL.- CASS..EOA-Y.-WAGES,_P1 T } TEMP.. - --
C 14 067 175.77 LISA MARIE DELMONT WAGES, P/T + TEMP.
014068 171. 00 GERALD DIESEL __.WA GE5 ` F + -T TES! P
014 06 S w.LI ND A. -_ 0 U G H_ Y WA = Ss_ - -- P / T * TEM __ - -- -
014070 171032 MARY FOWLcR WAGES, P/T + TEMP.
014071.258.62 JUNE FR =iMAN Refund
ANU- WAGES, P/T * TEMP.
014072 191.25 CHRIS GAL WAGES P/T - - + T MP. - --E
014073 112. _ .-MATTHEW M AA G __ _ ---__. _N A GE S s- P/T I- TEMP •
CITY OF Mi4Pl.EwooD A C C O U N T S P A Y A 8 L E OATS Og•23• ,82 PAGZ
CHECKS A M 0 U N T G A I N A N T P U R P O S E
014074 227.00 KARL N J HERB"R W A G E S, P/T f- TEMPO
014075 9 5.62 PAUL ALAN H AGSTROM WAGES, P/T TEMP
19.25. - _ CARQIr .tEAU He
MP
014077.*194.43 KAKI JO KI" AELS WAGES, P/T TE
014078 252. b4 KATHRYN J K R CF'TA WAGES 9 P/T + TEMP.
ANN mT 4- TRAI NI N
024 079 146.30 MICHELE ANN MlAHRE AW GES 9 P/T TEMPOt
0 14080 - _ -.662..76_.______JULIE_ MCC D __. _L . U . - -- - -- -- - - -- . -- . ---1 A G E S P t TEMPO -.
ANO•TRAVEL TRAININ
195. -5 JULIE- M T --
014082 202. i2 CRISTIN A NN NOESEN WAGES, P/T TEMPO
C14O83 196087 DA BRIAN -OOzN WAGES. P/T F TEMP
014 08 1 - • ___18 4.-5 a ----
TEMP -_ _.
Q..i5_ V 0 ID An -AG__S..s_ F TEM. P_w -
AT4 mlR A zj } 7 A71 N N C
014086 7.02 ALBERT RA -SC HKF TRA + TRAININGING
014087 334. 08 JcFPE YR RASCHKE WA G£S s /T TEMP.
014 08& -- _ _-80, 9.) -
W AG`S -p PIT- TE _MP
014 08 9 355. 24 BRIAN' rSH`RBURNE WAGES P fT TEMP.
AN3- TRAVEL _ + TRAIN144G
014 09 0 268. 11 GWE -H S NER 3 UR N E WAGE # -T TEMP.
014 091 iii, 43 KA _ --SPAVNSAUzK BUFFET £ - S P'c0GRAM
ANO•TRAVEL f TRAINING
014 092 214.52 ANN STRONMER WAGES. P/T } TEMP.
a i4 X19 3. _ --__108.14_THOMAS- THE LL_ L_WAGES P/T TEMPO
D 14 094 374. 85 A tDWNMARIESPAhN9AUER 1AG ES, P/T TEMP.
014095 21000 VIRGINIA LEACH R E F U H O
014 396 -- _ _4,_314.0 &___MCCA _ A'NH S 0 FEES SERVICE
Police Chief Assessmei
5.00 YUG ;NIA REOMAN R E F U N 0
II l4 1i9 a 2 f 95 H;0Ml? 11 lr8 IC AT
014 10 0 5 0. NELS CONCREE CaNsTRuCTN R E F U N a
014101 8.00 JOHN rSS SANS I - -- _ -_ - -_ --NC R E F U N D
04--_____TI N—.._ CA LL1,V A N-
149 97,692.02 CHECKS WRITTEN
TOTAL OF 200 C NECK S TOTAL 213.223.38
Direc uExendit from e -Expendit en of July not included on A/P LiE0007597 , 6 2 Y6ann - - -- - - -- -- - - - ___ _. _Postage
00 3 102,2 M __- - - -- - - ---_ _- -- z - - - - -- _ Mi State Tre MN License Fees _ _ _ Payar
000761 142.00 Minn. State Treas, State D/L Fees Pa y abl
0007-62 .. -- io o o xcBA _.__..._ Tra ,___Travel ining
3 _ _ 7 9 5 0 Clerk of Di str_ . Cour _ _ Cnty D/L Fees Payable
000764 3 MN State .-e Treas. MN License Fees Pa aby
000765 - 131.0 0 Minn . -State Treas. State D/L Fees Pa y abl
000766 6 Gov . Traini S •e T & _ Training_
000767 4 Minn. .State •Treas. MN License Fees abPaY
000768 - -- - -- 232.00 rMinn. tr f/LSateTreas. State Fees Pa Y abl.
NECESSARY EXPENDITURES ESINCELASTCOUNCILM115 , 5 31.3 6 - -- - -- . _ - _ MEETING
Ck# 000759 thru 000809
A C C 0 U N T S S A Y CITY OF MAPLEw000 A
0 HE CK* AA M 0 U N T CC L A I M A N T
q.
84. NNE RESIDEONCE INC RR E F U N
014 0 9 8
CITY of MAPLEWOOD PAYROLL REPORT PAGE 1
CERTIFICATION REGISTER CHECK DATE 08 -i3 -82
CHECK.NAME GROSS PAY NET PAY
0 4 66 8 -- -SEHM -- - -- - - - --L,0 IS- - _ __N 5 86.62 -4 7.44
0 46 69 EVA NS BAPPY R 1, 817.54 19089009
04670 PELOQUIN ALFRED J 747.23 193.39
04671-SCHLEICHER - _JOHN F..._ -.ii 6.88_
04672 -CUPF LARRY J 191.54 14 5.44
04673 DOH ERTY KATHLEEN M 305000 217.56
04674 ZUE PCHER -JOHN _ .._.L 115.39 -115.-13
04675 FAUST DANIEL F 1,446.46 950.94
04676 HAGEN ARLINE 888.92 404.43
04677 MATHEYS ALANA _.K... --677.54 473093
04678 VIGCREN CELORES A 586.62 399979
04679 AUPELIUS LUCILLE E i, 350.46 70 5.29
04680 SEL.VOG BETTY_O 711 ,023 463.70
04681 GREEN PHYLLIS C 738.92 511.71
04682 SCHAOT JOANNE L 215.36 178.28
04683 VIETOR _ _ .-LORRAINE S-683* 40 _-459.53
04684 HENSLEY PATRICIA A 238.80 182.02
04685 FREDERICKSON RITA h1 48.00 48.0 0
04686 STOTTLEMYER ECITH 6 87000 STOOD
04587 8ASTYR DEBORAH A 562009 279.69
04688 HAGEN THOMAS L 1•331e08
04689 OMATH -JOY E 553039 381001
04590 RICHIE CAPOL L 501.23 315.48
04691 SVENDSEN JOANNE M 785.52 501.57
04692 AR N OLD DAVID -L-1 182 .92 -- -43 6.8 5
CITY OF MAPLEWOCD PAYROLL REPOR PAGE
CERTIFICAT REGISTER CHECK DATE 08 -13-
CHECK NAME GR PAY N PAY
04693 ..AT CH I S ON--JOHN --1, 0 36.15 --67
04694 BOWMAN RICK A 629.54 432.8 0
4695 CA MANES ANTHONY G 1 2 i6. i5 139.72
04696 CLAUSON DALE - - --K - -- -1,036.15 -- - - - - -t5 6.73
04697 COLLINS KENNETH V 1 71953
04698 DRE GER RICHARO C 1, 212.00 698.06
4699 GREEN NORMAN t, - .-11207. -3a - -_ _ - -..__657.26 - - - -- -- - --
04700 HALWEG KEVIN R 1, 016.77 5i8639
04701 HEINZ STEPHEN 774.46 49 0.21
04702 HER EER?MICHAEL J It 016.77 - - -- -5 82.84 .._
04703 JAQUITH DANIEL R 774.46 48 9.4 6
047 KOR T US DONALD V 4 06.72- - - - -- - --Z82.7T
04705 LANG RICHARD J It 056.00 - -518.94
04706 MCMULTY JOHN J 1 196.58
04707 MEEHANOR JAMES E 19'053* 50 534.09
04708 METTLER DAn. IEL - -..B .__._1, 036.6f
04709 MOESCHTER RICHAPO M l,016.77 333.83
04710 MOPE LLI RAYMOND J l l 016.7?671.99
04711 PELTIER WILLIAM f _____1,ib3.08 - _...___ . _.._66168
04712 SKA LMA N DONALD W i, O i 6. 77 16 5.46
04713 STA FNE GREGORY L i 016.77 62 8.42
04714 STILL- . - _VERNON T
04715 STOCKTCN DAROELL T 997.38 640.81
04716 IAPPA JOSEP#f A 1 744.03
04717 BECKER - _RONALD 0 -i 065.23 - _218.23 - -- __
CITY OF MAPLEWOCQ PAYROLL REPORT PAGE
CERTIFICATION REGISTEP C „ .wHECKCATSD8i f
CHE SAME GLOSS PAX MET PA Y
CU S ICK ---GENNI S_i,--33 2 t 8
04719 GRAF CAVI0 M 1 510.12
04720 LEE ROGER W it 1040II0 625047
0 4 T 21 --ME L Q NO FR b - - --2 a* 5 7 -
04722 NELSON CAPGL M i+ 090.85 T00.T6
04723 RAZSKAZOF'F DALE E II84.62.121.59
0 4724--.--RY A k _ -- -- -. _..MICHAEL---.--.P _ __--_1 0b . 352 4TQ.3r _
04725 VOFWERK ROQERT E 1 097.34 235.94
04726 YOONGREN JAMES G 19 045.84 621.86
0 4727 EM 8 ER T SO N _. _.:.Jai M£ S - - -.944 Fz-- _--- --
04728 SCHAGT ALFRED C 1 9 127.54 685912
04729 FL A UGHER.l ;A YPIE -L 67 T. 54 44 5.2 7
04730 FU L L E R- - -- -- -- -J Q H ES - - -- -C -443 .24 - - -- _33 1 *2
04731 NELSON KAFEN A 645.23 408.46
04732 NELSON ROBERT 0 1009e50 707042
0 4733_JANET. - - - -- - -----L 5 4g. fig.
04734 TUCHNER MICHELE A 64.5.23 324.4 b
04735 W I t t I A PS D U A N E J 1+ fl55.54 472942
0 4736.8 A R T AA. _- - -M a R IE- - - - - -L 495.69 . _ .
04737 HA IDER KENNETH G 19391008 D8 229.34
04738 WEGWERTH JUDI A 505.42 360.99
04739 --CASS - - - - -- .-WILLIA i f 15 7. Q8 --573. Q _._.
04740 FREEEPG RONALD L 824.00
04141 HE LEY RONALD J 24e80 53 8.8 8
04742 HO C H B AN J OS E PH - - - _824. -- _
CITY OF MAPLE WOOD PAYROLL REPORT PAGE
CEQTIEICATION REGISTER CHECK C-ATE 08-13 -8
CHECK NAME GROSS PAY NET PAY
04743 CANE MICHAEL R 824.00 - - --370.60
04744 KLAUSING HENRY F 836.60 457.55
04745 MEYER GERALD W 834.08 42 5.0 4
04746 PR ETTN ER JOSEPH.B i, 0 88.00 -698.9 5
04747 REI NERT EONARD A 824.00 538088
04748 TE NLIN,JR HARRY J 851.64 533.74
04749 ELIAS -JAMES G 1 *018.50 629018
04750 GEISSLER WALTER M 970615 582.8 i
04751 GESSELE JAMES T 893.54 603.03
04752 PECK - - -DENNIS L 981.69 485.24
04753 PI LLAT ZKE DAVID J 1, 157.08 79 2.12
047 WY" AN JAMES N 797.54 555.69
04755 LUTZ DAVID P 562.62 384w i8
04756 SREHEIM ROGER W 769.60 490.07
04757 EDS Oil DAVID 8 850088 575o28
04758 MULNEE _. _GEORGE W -769.60 493003 -
04759 NADEAU E0WAR0 A 848.16 565.24
04760 NUTESON LAVERNE S ilf 088.00 482.40
04761 OW EN GERALD -C 845*44 S0 3.86
04762 MACDONALD JOHN E 908080 459.78
04763 MULVANEY DENNIS 878040 536.25
04764 OR E WNER _LO I S J. __677.54 -262.0 2
04765 KR U t MEL BARBARA A 273.78 129.22
04766 ODE CARD ROBERT 0 19364077 842.8 3
04767 STAPLES PAULINE M 1, 0 56.92 - -686.35
CITY OF MAPLEWflQL PAYROLL REPORT PAGE
CERTIFICATION REGIST CHECK DATE
CHECK NAME GROSS PAY HET PAY
04769 -BU R K E_...___.. -- _ _.N Y L E S R 824900----46 0.8 2 - -- -_
04769 GERPAIN OAVIO A 834.25 540.83
04770 GUS INCA MEL YIN J 19149020 642081
04771 HELEY -- - - - - -- - ----ROLAND _.8 829.04 - --551.44 - - -
04772 LE MCN JEFFREY S 102.80 10 2.6 0
04773 MA IC A MATT HER 1 96000 8 8.72
0 47 74 MA RUSK! - -- - - -.. - - _MARK -A 834.08 546.57
04775 PAFENTEAU THOMAS J 3200 320.00
94776 RA SCHKE ALBERT F 284.95 254.46
04777 SANDCUIST _ - .- _ -_THOMAS- -- -J --377.63 - -_333.83 - - - -- - -_
04778 SANTA REEL E 862.38 503.46
04779 SPANNSAUE MAPTIN J 223 .13 22 3.13
04780 STARK _. - . _ _ _ _..__._RICHARD E 256.Ofl - -_ - _256.00
04781 WAP.0 TROY G 248900 248000
04782 WApZEKA RICHARD A 321ot3 274.99
0 4 7 8 3 S PA NN BAU ER __ .___ --KATHLEEN
0 47 84 TAU PMAN DOUGLAS J 804.O0 517.2 0
04785 WAR C ROY G 328962 -2534925 -- - - - -. ---- -__ --
0 47 8 6 GR E y __ .._ _ _ . _.. _... _._..._- -JANET-- _ . -M -- -684092.-- -- -__44 8.5 9
04787 SO UTTER CHF IST INE 684.92 47 0.0 4
04788 CHLEBECK JUDY M 711.23 300e63
04789 OLS CN _ _._ - -.__. - ._ - _GE OFFREY N _.to 340.31. _ --822. T 5
04790 EK'S TR AND THOMAS G 932.83 57 3.49
04791 JOHNSON RANDALL L 9180 590010
04792 OSTROM _.MARJORIE i *133.5&--- -- - - --716.30
ow
L
C;TY OF MAPLEWOOD PAYROLL REPORT PAGE
CERTIFICATION REGISTER CHECK DATE 08 -1v-8
CHECK NAME GROSS PAY NET PAY
04793 -. -- WENGER- ROBERT 857a5 - 4979 5 - __ - - --
4
CHECK REGISTER TOTALS 1039.591.46 56
i
S ?yri
t
t
4
Y
J
MEMORANDUM
Barry Evans, City Many agerFrom: Ro D. OdQgard, Director ofRe: Donations Communi ServiA -'
Date : August 9, 1982
The following donations have been received:
The Maplewood Co has donated $100.00 for theCenter. The money has been d
e Hers tage
parking designated for improvement of thepglot.
Loyal Order of -Moos e, Lodge No. 963, has donated $200.be _used for the Ha 00 toHappyWandererPuppetWagon.
I recommend the City ' •y Counc•i l accept the donate ons and 'staff to forward .letters. of thank instruct
s and appreciat
e
8 t vsMA jh WL;C)V 1380 FROST AVE. MAPL MINN. 551M N° 3454li612770
RECEIVED 0 DATE
DESCRIPTIO PERM/LOC. AMOUNT FUND DEPT. ACT. PR
00 0
TOTAL AMOUNT CHECK _L D CASH
REC O BY
ORIGINAL COPY
CITY OF 1380 FRO AVE. MAPLEW59/13.. ST A MAPLEWOOD, MINN, 55 109
70-4 0 N 454
DATE I r
MAPLEWOOD COIN O LU8
PAY TO THE O
ORDER OF
nud mer"w.;
OF MA
HILLCREST MID AMERICA STATE BANK Ir D1et3N. ST. PAUL ROAD / OAAPLEWOpp Op
SOTA 35M
Mf p
8096000 7510 70. . -1.4406662001110
1047
19 x22 -97
660 •
Co
D6CI - ARS
4e.5-Or`
MEMORANDUM
TO: CITY MANAGER BARRY EVANS
FROM: CITY CLERK
REGARDING: FINAL APPROVAL — INDUSTRIAL REVENUE NOTE — SCHREIER'S MAPLEWOOD EAST
Final approval of the $950,000 Commercial Development Revenue Note for the Maplewood
East Shopping Center is requested. The shopping center is located at the northeast
corner of Beam Avenue and White Bear Avenue and is completed.
i
MEMORANDUM
TO: CITY MANAGER BARRY EVANS
FROM: CITY CLERK
REGARDING: FINAL APPROVAL — INDUSTRIAL REVENUE NOTE — SCHREIER'S MAPLEWOOD EAST
Final approval of the $950,000 Commercial Development Revenue Note for the Maplewood
East Shopping Center is requested. The shopping center is located at the northeast
corner of Beam Avenue and White Bear Avenue and is completed.
r
i
1
CERTIFICATE OF MINUTE950,000 COI'IER
S RELATING TOCIALDEVELOPMENTREVENUEMaPleoodEastAsAssociates
UE -NOTE
rates Project )
Issuer: City of Ma lewp ood, Minnesota
Governing Body: • .Y City Council 1
Kind, date, time andheldon
place of meeting AAugust1982, at r
regular meeting,Maplewood, Minnesota, o clock P.M., at
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages)
RESOLUTION RELATING TO A $950,000COMMERCIALDEVELOPMENTREVENUENOAUTHORIZINGTHEISSUANCE TE '
TO MINNESOTA. NCE .
4
THEREOF PURSUANTTA. STATUTES, CHAPTER 74
a
T the undersigned beingctingrecordingOfficerhepublic corporation '
zng the duly qualifiedtheobligationsCerof and
9 s referred to in the • issuineztleofthis gcertificate, certify that the documents a ttached heretodescribedabove, haVe been ,original records o f
n carefully compared withSakicorporationinm
the
which they have been transcribed; a
legal custody.
from
area correct and co that said documentmpletetranscriptoftheheminutesofameetingofthegoverningaidcor .correct and g body of o ra 'complete copies of al
p , floe, and1resolutionsandotheralldocumentsanrove
actions taken and o f
governing body at said mee
P d by the
atio tang, so far as the rgns, and that said meeting
elate to
said obli
at eting was duly held b
throughout Y the time and place an
Y
the governing body
g out by the members in
d was attendeddicatedabove, pursuantnoticeofsuchmeetinpant tocalland
g given as required by law
WITNESS my hand Officially asOfficerthis such recordingdayofAugust, 1982, g '
Signature
SEAL)
Lucille Aurelius, C it v Clerk
Name and Ti
0
Member introduced the
following resolution and moved its adoption:
RESOLUTION RELATING TO A$ 9 5 0, 0 0 0
COMMERCIAL DEVELOPMENT REVENUE NOTE;
AUTHORIZING THE ISSUANCE THEREOF
PURSUANT TO MINNESOTA STATUTES,
CHAPTER 4 74
BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
Section 1. Definitions
1.01. In this Resolution the following terms
have the following respective meanings unless the context
hereof or use herein clearly requires otherwise:
Act: the Minnesota Municipal Industrial
Development Act, Minnesota Statutes, Chapter 474, as
amended;
Assignment: the Assignment of Rents and Leases
to be given by the Partnership to the Lender;
City: the City of Maplewood, Minnesota, its
successors and assigns;
Guarantors : Richard J. Schreier and Patricia A.
Schreier , individuals residing in the State of
Minnesota;
Guaranty the Guaranty to be given by the
Guarantors to the Lender;
Holder any holder of the Note;
improvements the approximately 33,460- square
foot shopping center and related facilities and
improvements acquired and constructed on the Land by
the Partnership in accordance with the terms of the
Loan Agreement;
Land: the real estate located in the County *of
Ramsey, State of Minnesota, and legally described in
Exhibit A to the Mortgage;
Lender: Unionmutual Stock Life Insurance Co. of
America, a Maine corporation, its successors and
assigns;
Loan Agreement the Loan Agreement to be entered
into between the City and the Partnership;
Mortgage the Combination Mortgage and Security
Agreement and Fixture Financing Statement to be
entered into between the Partnership, as mortgagor,
and the Lender, as , mortgagee;
No te: the $ 950, 0 00 Commercial Development
Revenue Note (Maplewood East Associates Project) to be
issued by the City pursuant to this Resolution;
Organizational' Documents : the following
documents, each of which shall be in form and
substance acceptable to the Lender:
i) A copy of the Partnership Agreement of the
Partnership, certified by a partner,
ii) An opinion or opinions of counsel reasonably
acceptable to the Lender indicating that
each of the documents referred to in Section
3.03 of this " esolution have been duly
executed and delivered and are legal and
binding obligations of the Partnership, the
Guarantors and the City, as the case may be,
enforceable in accordance with their terms*
Partnership : Maplewood East Associates, a
Minnesota general partnership, and its permitted
successors and assigns;
Pledge Agreement the Pledge Agreement to be
given by the City to the Lender;
Pr of ect the Land and the Improvements, as they
may at any time exist;
Project Costs those costs defined as Project
Costs in Section 1.01 of the Loan Agreement;
Resolution this resolution of the City; and
Title: Commonwealth Land Title Insurance
Company, through its agent, Title Services, Inc.
Section 2. Findings . It is hereby found and
declared that:
a) based upon representations made to the City
by representatives of the Partnership as to the nature
of the Project, the real property and improvements
ft-2-
described in the Loan Agreement and the Mortgage
comprising the Project constitute a project authorized
by the Act;
b) the purpose of the Pro.j ect is, and the
effect thereof will be, to promote the public welfare
by the attraction, encouragement and development of
economically sound industry and commerce so as to
prevent the emergence of or to rehabilitate, so far as
possible, blighted and marginal lands and areas of
chronic unemployment; the retention of industry to use
the available resources of the community in order to
retain the benefit o its existing investment in
educational and public service facilities; halting the
movement of talented, educated personnel of mature age
to other areas and thus preserving the economic and
human resources needed as a base for providing
governmental services and facilities; and more
intensive development of land available in the
community to provide an adequate and better balanced
tax base to finance the increase in the amount and
cost of governmental services;
c) the Improvements when completed. will add to
the tax base of the City, and will accordingly be of
direct benefit to the taxpayers of the City as well as
those of the County of Ramsey and the school district
in which the City is located;
d) the Project has been approved by the
Department of Energy, Planning and Development of the
State of Minnesota;
e) the financing of the acquisition and
construction of the Project, the issuance and sale of
the Note, the execution and delivery of the Loan
Agreement and the Pledge Agreement, and the
performance of all covenants and agreements of the
City contained in the Note, the Loan Agreement and the
Pledge Agreement and of all other acts and things
required under the Constitution and Laws of the State
of Minnesota to make the Notts.., the Loan Agreement and
the Pledge Agreement valid and binding obligations of
the City in accordance with their terms, are
authorized by the Act;
f ) it is desirable that the Note in the amount
of $950,000 be issued by the City upon the terms set
forth herein, and that the City p ledge its interest in
the Loan Agreement and grant a security interest
3-
therein to the Lender as security for the payment of
the principal of, premium and late charges, if any,
pursuantp to the PledgeandinterestontheNoteu
Y
Agreement;
g) the loan payments contained in the Loan
Agreement are fixed, and required to be revised from
time to time as necessary, so as to produce income and
revenue sufficient to provide for rom t payment ofpppYprincipalof, premium and late charges, if any, and
interest on the Note when due, and the Loan AgreementalsoprovidesthatthePartnershipisrequiredtoaPYallexpensesoftheoperationandmaintenanceofthe
Project, including, but without limitation, adequate
insurance thereon and all taxes and special
assessments levied upon or with respect to the ProjectandpayableduringthetermoftheLoanAgreement; and
h) under the provisions of Minnesota Statutes,Section 474.10, the Note is not to be payable from nor
charged upon any funds of the City other than the
revenue pledged to the payment thereof; the City is
not subject to any liability thereon; 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, nor to enforce oa Ym en t thereof
against any property of the City other than those
rights and interests of the City under the Loan
Agreement which have been pledged to the Lender by the
Pledge Agreement; the Note shall not constitute a
charge, lien or encumbrance, legal or equitable, Iupon
any property of the City other than those rights and
interests of the City under the Loan Agreement which
have been pledged to' the Lender by the Pledge9
Agreement; and the Note shall recite that the Note,interestnterest thereon, is payable solely from the
revenue pledged to the payment thereof and shall not
constitute a debt of the City within the meaning of
any constitutional or statutory limitation.
Section 3. Authorization and Sale
3.01. Authorization The City is authorized bytheActtoissuerevenuebondsandloantheroceeds
thereof to business
p
enterprises to finance the acquisitionandconstructionof "projects" , as defined in the Act , and
to make all contracts, execute all instruments and do all
things necessary or convenient in the exercise of such
authority, •
a-
3.0 2. Preliminary City An - proval . By preliminaryresolutiondulyadoptedbytheCouncilonOctober11981
after a public hearing held on that date this Council
approved the sale of a revenue obligation pursuant to the
Act and the loan of the proceeds to the Partnership for
the acquisition and construction of the Project suitable
and designed for use as a shopping center and authorizedpPg
the preparation of such documents as may be appropriate to
the Project.
3.03. Approval of Documents Pursuant to the
foregoing, there have been prepared and presented to the
Council copies of the following documents, all of which
are now, or shall be, placed on file in the office of the,
City Clerk:
W (a) Assignment;
b) Guaranty;
c) Loan Agreement;
d) Mortgage; and
e) Pledge Agreement,
The forms of the documents listed in (a) through (e) above
are approved, with such variations, insertions and
additions as are deemed appropriate by the parties and
approved by the City Attorney,
Section 4. Authorizations Upon the completionw
of the Loan Agreement and the Pledge Agreement approved in
Section 3.03 hereof and the execution thereof by the
Partnership and the Lender, as the case may be, the MayorandtheCityClerkshallexecutethesameonbehalfofthe
City and shall execute the Dote in substantially the form
approved in paragraph 5.01 hereof on behalf of the City,and shall execute such other certifications, documents or
instruments . a s bond counsel or counsel for the Lender
shall reauire, subject to the approval of the City
Attorney, and all certifications, recitals and
representations therein shall constitute the
certifications, recitals and representations of the Ci't ,YExecutionofanyinstrumentordocumentbyoneormore
appropriate officers of the City shall constitute, and
shall be deemed the conclusive evidence of, the approval
and authorization by the City and the Council of the
instrument or document so executed,
5-
Section 5 . The Note
5.01. Form and Authorized Amount The Note
shall be issued substantially in the form presented to the
Council and set forth as Exhibit A to this Pesolution with
such appropriate variations, omissions and insertions as
are permitted or required by this Resolution, in the total
principal amount of $950,000. The terms of the Note are
set forth therein, and such terms, including but not
limited to provisions as to interest rate,, dates and
amount of payment of principal and interest and prepayment
privileges, are incorporated by reference herein.
5.02. Execution The Note shall be executed on
behalf of the City by the signatures of the Mayor and the
City Clerk and shall be sealed with its corporate seal.
In case any officer whose signature shall appear on the
Note shall cease to be such officer before the delivery
thereof, such signature shall nevertheless be valid and
sufficient for all purposes.
5.03. Mutilated, host and Destroyed Note. In
case the Note shall become mutilated or be destroyed or
lost, the City shall cause to be executed and delivered a
new Note of like outstanding principal amount and tenor in
exchange and substitution for and upon cancellation of the
mutilated Note, or in lieu of and in substitution for such
Note destroyed or lost, upon the Holder's paying the
reasonable expenses and charges of the City in connection
therewith, and, in case the Note is destroyed or lost, its
filing with the City evidence satisfactory to it of such
loss or destruction.
5.04. Registration The Note shall be
registered on the books of the City, subject to the
conditions set forth in the form of the Note attached
hereto as Exhibit A.
5.05. Delivery and Use of Proceeds Prior to
r
delivery of. the Note, the documents referred to in Section
3,03 hereof shall be completed and executed in form and
substance as approved by the City Attorney and an
original, executed counterpart of each such document shall
be delivered to the Lender, together with the
Organizational Documents. The City shall thereupon
deliver to the Lender the Note in the total principal
amount of $950,000, together with a copy, duly certified
by the City Clerk, of this Resolution and such closing
certificates as are required by bond counsel,
Upon delivery of the Note and the above items to
the Lender, the Lender shall, on behalf of the City,
disburse the proceeds of the Note to the Partnership in
reimbursement of, or to its order for payment of, Project
Costs pursuant to the provisions of the Loan Agreement,
The Partnership shall provide the City with a full
accounting of all funds disbursed for Project Costs.
5.06. Limitation on Note Transfers The Note
shall be issued without registration under state or other
securities laws, pursuant to an exemption for such.
issuance; and accordingly the Note may not be assigned or
transferred in whole or part, nor may a participation
interest in the Note be given pursuant to any
participation agreement, except in accordance with an
applicable exemption from such registration requirement
5.07. Construction Fund There shall be
established - with Title a Construction Fund to be held by
Title as a separate account of the City as provided in the
Loan Agreement, Upon delivery of the Note to Lender, the
undisbursed proceeds of the Note shall be credited to the
Construction Fund held by Title on behalf of the City, at
which time the entire principal amount of the Note shall
be deemed advanced, and the Lender shall, on behalf of the
City, disburse funds from the Construction Fund for
payment of Project Costs upon receipt of such supporting
documentation as the Lender may deem reasonably necessary,
including compliance with the provisions . of the Loan
Agreement,, The Lender or Partnership shall provide the
City with a full accounting of all funds disbursed for
Project Costs.
Any surplus in the Construction Fund shall be
applied towards the prepayment of the Note as provided in
the Loan Agreement and shall not be invested to produce a
yield greater than the yield on the Note, as required by
Internal Revenue Service Revenue Procedure 79-5, Revenue
Procedure 81 -22 and 26 CFR 601.201 (and any subsequent-
amendments, modifications or replacements thereof) ;
provided that, if the Lender receives an opinion of bond
counsel that the exemption from federal income taxation of
interest on the Note will, not be jeopardized, the surplus
funds may be invested at a yield greater than the yield on
the Note.
Section 6. Limitations of the City's
Obligations . Notwithstanding anything contained in the
Note, the Loan Agreement or the Pledge Agreement or any
other documents referred to in Section 3.03 hereof , the
MrM
Note shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and
shall not be payable from nor charged upon any funds other
than the revenue pledged to the payment thereof, and the
City shal 1 not be subject to an liabilityit thereon and
a
Y Y no
Holderer of the Note shall ever have the right to compel anyexerciseofthetaxingpoweroftheCitypaytoatheTote
or the interest thereon, or to enforce payment thereof
against any property of the City other than those rightsandinterestsoftheCityundertheLoanAgreementwhich
have been pledged to the Lender by the Pledge AgreementandtheDoteshallnotconstituteacharge, lien or
encumbrance, legal or equitable, upon an property of the1CityotherthanthoserightsandinterestsoftheCityundertheLoanAgreementwhichhavebeen . pledged to the
Lender by the Pledge Agreement. The agreement of the Cit YtoperformthecovenantsandotherprovisionscontainedInthisPesolutionor. the Note, the' Loan Agreement or the
Pledge Agreement and the other documents listed in Section
3.03 hereof shall be subject at all times to the
availability of revenues furnished b the Partnershippsufficientcienttopaya,ll costs of such performance or the
enforcement thereof, and the. City shall not be subject to
any personal or pecuniary liability thereon other than as
stated above.
Adopted: August , 1982*
Mayor
Attest:
City Clerk
The motion for the adoption of the foregoing
resolution was duly seconded by Member ,
and, upon vote- being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted and was signed by the Mayor which was attested by
the City Clerk.
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note
Maplewood East Associates Project)
No. R -1 950,000
The City , of Maplewood, Minnesota, a municipal
corporation and political subdivision of the State of
Minnesota ( the City) , for value received, hereby promises
to pay to Unionmutual Stock Life Insurance Co. of America,
a Maine corporation, or its registered assigns ( the
Holder) , at its principal office in Portland, Maine, or
such other place as the Holder may designate in writing,
from the source and in the manner hereinafter provided,
the principal sum of NINE HUNDRED FIFTY THOUSAND DOLLARS
950 or so much thereof as may be advanced from
time to time in accordance with the Loan Agreement
hereinafter referred to, with interest on the unpaid
principal balance at the rate of thirteen and
three -- fourths percent (13 3/4%) per annum, as such rate
may be adjusted as hereinafter provided, in any coin or
currency which at the time or times of payment is legal
tender for the payment of public and private debts in the
United States of America, and, at the option of Holder
exercisable in the event the loan evidenced hereby is
serviced directly by the Holder, by bank wire transfer or
other immediately available funds. The principal of and
interest on this Note are payable in installments due as
f ollows:
1) on or before the first day oL September,
1982, there shall be paid an interest only payment
equal to accrued interest between the date hereof and
September 1, 19820r and
2) on or before the f it st day of each and every
calendar month thereafter to and including August 1,
2007, principal and interest shall be payable in equal
monthly installments of Eleven Thousand Two Hundred
Fifty -five and 00 /100 Dollars ($11,255.00), with a
final payment of all unpaid principal and interest
hereon on September 1, 20070
Notwithstanding the foregoing in the event that
any funds placed in the Construction Fund (as defined in
the Loan Agaeement) are used to ore this Note the
monthly installment payments or principal and interest
provided for in clause (2) above on the f irst day of the
calendar day following any such prepayment and the first
day of each month thereafter shall be adjusted such that
such monthly installment payments are sufficient to
amortize the then unpaid principal balance of this Note,
together with interest at the rate of interest per annum
then payable under this Note, in full, in equal monthlyinstallmentpaymentsofprincipalandinterest, by
September 1, 20070
The rate of interest per annum payable under t h i s
Note and the amount of the monthly installment payments of
principal and interest provided for in the first raoara p'gLnofthisNotearesubjecttoadjustmentashereinafter
provided in this Note, and are also further subject to
adjustment i - o n the event tha the premises covered by the
Mortgage hereinafter referred to are leased, sold
ajsigned, transferred, conveyed or otherwise alienated, or
mortgaged, pledged or encumbered, as more fully provid zd
in Section 1.11 of the Mortgage. All pa of
principal and interest pursuant to clause (2 of the first
paragraph of this Note shall be applied f irst to interest
due on the outstanding principal balance and thereafter in
reduction of said principal balance. All interest hereon
shall be computed on the assumption that each year
contains three hundred sixty ( 360) days and is composed of
twelve (12) thirty -day months.
If the Holder should not receive on or before the
f if teenth day of any calendar month all of the principalandinterestdueonthisNoteonthefirstdayofsuch
month, then, in addition to all other sums due hereunder
the Holder shall be entitled to receive on the sixteenth
day of such month a service charge for its uncovered
administrative costs in handling late payments equal to
three percent (3%) of the del inquent `ror incipal and
interest. In addition, the Holder shall be entitled to
receive an additional service charge equal to three
percent (3 %) , of the delinquent principal and interest for
each additional period of fifteen (1 5) days that such
payment remains delinquent.
Determination of Taxability
If the Holder receives notice of a Determination
of Taxability (as defined in the Loan Agreement) , the rate
of interest then payable under this Note shall
automatically be increased to sixteen and one- fourth
2-
percent (16 1/4%) per annum (or, if the rate of interest
hereunder has previously been increased pursuant to thesectionhereofcaptioned "Optional Increase of Interest
Rate ", or pursuant to Section 1.11 of the Mort a e to thggr erateofinterestperannumequaltotwoandone -half
percent (2 1/2 %) in excess of such increased rate
effective as of the date of receipt by th Holder of the
notice of such Determination of Taxability, •the monthly
y, n which event
onthly installment payments of princ.lpal andinbytheCityrequiredhereunderinclause (2 ) of the f 'first
paragraph of this Note shall be increased, effective as of
the first day of the calendar month followin g such date of
receipt, to an amount sufficient to amortize the then
gunpaidprincipalbalanceofthisNote, together with
interest at the rate of interest per annum then payableunderthisNote, as increased in accordance with the
provisions of this paragrap
installment
h, in full, in equal monthly
payments of principal
Y
P Y p c opal and interest, , by
September 1 , 2007. Except in cases where such
Determination of Taxability is due to an change in
applicable la
Y g
a laws or regulations, the City shall also pay to
she current and any previous Holder of this Note, in
addition to the other amounts set forth in this paragraphwithinithinry ( 34 ) days o receipt of a noticesetting-forth such amounts, the amounts of additional federal and
state income taxes, including penalties and interest
thereon, which such Holder or Holders estimate they will
Incur by reason of such Determination of Taxability for or
with respect to their current and past tax aers for the
period of time between •
Y
the Date of Taxability (as definedintheLoanAgreement) and the date of increase in
interest rate on this Note. In cases where such
Determination of Taxability is due to any change in
applicable laws or regulations the City hall alsolso pay to
the current and any previous Holder of this Note, in
addition to the other amounts set forth in this paraara h
and within ten (10) days of rece int - of a notice sett
1 l
L n gforththeamountofsuchdifference, the difference
between (i) the amounts actually paid hereunder between
the Date of Taxability and the date of such Ya ment andPii) the a: ou nts which would have been due during such
period if the increased t- -
e- •ln.erest ate provdd for in this
paragraph had been in effect. The provisions of this
paragraph shall survive the payment of this Note.
The Holder shall notify in writing the City and
the Partnership, as soon as practicable after the recei tthereof, of its receipt of a Determi
P
P natzon of Taxabilityandoftheconsequentincreaseininterestrateand
monthly installment payments required 'hereunder.
3-
In addition, the Holder, at its option, may, at
any time within six (6) months after receipt of notice of
a Determination of Taxability, declare the unpaid
principal balance of this Note, together with accrued
interest thereon and any other indebtedness due hereunder, ,
due and payable in full, upon at least six (6) months'
prior written notice to the City and the Partnership, in
which event the City shall pay to the Holder on the date
specified in said notice an amount equal to the entire
unpaid principal balance of this Note, plus accrued
interest thereon and any other indebtedness due hereunder,
plus a premium equal to five percent (5 %) of such unpaid
principal balance, if such payment occurs prior to the
expiration of the tenth Loan Year (as defined in the Loan
Agreement)., or the premium that would be payable by the
City upon 'n optional prenayment, as described in the
first paragraph of the section hereof captioned "City's
Right to Prepay Note", if such payment occurs on or after
the commencement of the eleventh Loan Year; provided,
however, that if such Determination of Taxability is due
to any change ind applicable laws or regulations, no such
premium shall be payable,
Optional Increase of Interest Rate
At the option of the Holder, the rate of interest
payable on the unpaid princi - oal balance of this Note may
be increased as of the beginning of the sixth, eleventh,
sixteenth and twenty -first Loan Years, upon no less than
one hundred twenty (120) days' prior written notice to the
City and the Partnership, subject to the limitations set
forth Jin the section hereof captioned "Minimum and Maximum
Interest Rate". In the event of any such increase in the
rate of interest hereunder, and provided that the City
does not prepay this Note as hereinafter provided in this
paragraph , the monthly installment payments of principal
and interest by the City required hereunder in clause (2-)
of the first paragraph of this Note shall be increased,
effective as of the first day of the second calendar month
of the Loan Year in question, to an a,z ount sufficient to
amortize the then un - Daid principal balance of this Note,
together with interest at the rate of interest - oer annum
then payable under this Note, as increased in accordance
with the provisions of this paragraph, in full, in equal
monthly installment payments of principal and interest, by
September 1. 20070 In the event the City and the
Partnership receive written notice from the Holder of, any
such optional increase in the rate of interest on this
Note pursuant to the provisions of this paragraph, the
City shall. have the right to prepay this Note in whole,
4-
0
but not in past, at any time within one hundred eighty
80) days o L receipt of said notice, without any penal t Y
or premium.
Minimum and Maximum Interest Rate
Notwithstanding anything in this Note to the
contrary, in no event shall the rate of interest at an
time na• able - on this thirteenL
Y
Note be less than and
three- fourths percent (13 3/4%) per annum, nor exceed i
the lesser of forty percent (40 %) per annum or, for the
periods beginning with the sixth, eleventh sixteenth and
twenty -first Loan Years, ralspectively, the rate of
interest per annum equal to one hundred ten percentrP {il0o)
o the average of the yields ref lected in The Bond Buyer
30 - year Revenue Index of 25 Revenue Bonds as p
g
ublished in
The Daily Bond Bu yez (or, if said index is no lon er
published, the rate of interest per annum equal to one
hundred twenty percent (120 %) of the average of the yields
ref lected in The Bond Buyer Index of 20 Municipal Bonds as
published in The Daily Bond B or, if neither of said
indexes is published, to the rate of interest per annum
based on a comp index selected by the Holder) du r ngthelastthree (3) full calendar months prior to the
Holder's writ-ten notice of increase of the interest rate
hereon, given in accordance with the provisions of the
previous paragraph, with respect to such period, provided
that a Determination of Taxability has not occurred, or
ii) forty percent (40%) per annum it a Determination of
Taxability has occurred.
Holder's Right to Call Not e
At the option of the Holder, the unpaid principal
balance of this Note, together with accrued interest
thereon and any other. indebtedness due hereunder, may be
declared due and payable in full as 'of the end of the
tenth, fifteenth and twentieth Loan Years, upon six (6 )
months' prior written notice to the Partnership and the
City, provided that in the event the Holder exercises such
option, and this Note is paid in full by the City on or
before the date specified in such notice, no prepaymentIV
penalty or preen ium shall be payaile with respect to such
payment,
city's Right t Prepay Note
Except as_ otherwise expressly provided in this
Note or in the Loan Agreement, this Note may not be
prepaid prior to the expiration of the tenth Loan Year.
5-
Beginning with the eleventh Loan Year and thereafter, upon
sixty (60) days' prior written notice to the Holder, the
City may prepay the unpaid principal balance hereof, in
whole or in part, on any installment payment date, upon
payment of a premium of five percent (5%) of the amount of
such. prepayment during the eleventh Loan Year, The
premium for such prepayment shall decrease by one --half of
one percent (312A) for each Loan Year thereafter, until a
premium of one percent (1 %) is reached, which premium
shall be applicable until September l , 2007 at which time
no premium shall be payable. The Holder shall apply any
such prepayment against the applicable prepayment premium
and then against the unpaid principal amounts due
hereunder, if the entire unpaid principal balance and
interest thereon is not paid in full, and no partial
prepayment shall postpone, defer or reduce the amount of
the monthly installment payments otherwise due hereunder.
To the extent permitted by law, (i) said prepayment
premium shall be payable regardless of whether this Note
is prepaid voluntarily or involuntarily, and (ii) if the
principal sum is prepaid prior to the expiration of the
tenth Loan Year following an acceleration of this Note
after default, the premium pay able in respect thereof
shall be an amount equal to five percent (5 %) of the
principal sum prepaid.
In the event the Holder applies
of insurance or condemnation awards upon
certain events of damage, destruction or
the property subject to the Mortgage to
this Note, as provided in Sections 1.06
Mortgage, such application shall be made
prepayment penalty or premium.
Purpose and Security
the net proceeds
the occurrence of
condemnation of
the payment of
and 1.07 of the
without any
This Note is issued by the City for the purpose
of providing funds to be loaned to Maplewood East
Associates a Minnesota partnership ( herein called the
Partnership) , pursuant to the terms of a Loan Agreement,
of even date herewith ( the Loan Agreement) , between the
City and the Partnership, to be used to pay the cost of a
project, within the meaning of Minnesota Statutes, Section
474.02, Subdivision la, consisting of the acquisition and
construction on certain land in the City of an
approximately 33,060 square foot shopping center and
related facilities and improvements,
This Note is secured by a Pledge Agreement, of
even date herewith, by the City to Unionmutual Stock Life
IMe
Insurance Co, of America, a Maine corporation (together
with its successors and assigns, the Lender) , b y a
Combination Mortgage and Security Agreement and Fixture
Financing S totemen ' , of even date herewith ( the Mortgage) ,
between the Partnership, as mortgagor, and the Lender, 'as
mortgagee, by an Assignment of Rents and Leases, of even
date herewith ( the Assignment), from the Partnership to
the Lender, and by a Guaranty, of even date herewith ( the
Guaranty) , from Richard J. Schreier and Patricia A.
Schreier to the Lender. The disbursement of the proceeds
of this Note is subject to the terms and conditions of the
Loan Agreement,
This Note is issued pursuant to and in full
compl fiance with the Constitution and laws of the State of
Minnesota, including Minnesota Statutes, Chapter 474, and
pursuant to a resolution duly adopted by the City Council
on August 23, 1982 ( the Resolution) , and, together with
interest hereon and any premiums, penalties, late charges
or other amounts paya hereunder, however designated,
are special obligations of the City payable solely f rom
payments to be received by the City pursuant to the Loan
Agreement, f roan payments under the Guaranty and from
disposition of the property which secures payment of this
Note. This Note, the interest hereon and any premiums,
penalties, late charges or other amounts payable
hereunder, however designated, shall never constitute a
debt of the City within the meaning of any constitutional
provision or statutory limitation and shall never
constitute or give rise to a charge against its general
credit or taxing powers, and are not payable from nor a
charge upon any funds of the City other than the revenues
pledged to the payment thereof. This Mote, the interest
hereon and any premiums, penalties, late charges or other
amounts payable hereunder, however designated, do not
constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City, except the
revenues to be received by the City under the Loan
Agreement, and the agreement of the City to perform or
cause the performance of the covenants and other
provisions herein refer red to shall be I im ited at all
times to the availability of revenues from the Loan
Agreement, the Assignment, the I'vrortgage and the Guaranty
suf.f is Tent to pay all costs of such performance or the
enf orcement thereof. The provisions of. this paragraph
Shall, for all purposes of this Note, be controllin g and
be given full force and erfect, anything else to the
contrary in this Note notwithstanding.
7-
All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution,
the Loan Agneemen -, the Mortgage, the Assignment and the
Guaranty are hereby made a part of this Note to the same
extent and with the same force and effect as if they were
fully set forth herein.
It is agreed that time is of the essence of this
Note. If a default occurs in any payment due under this
Note and is not cured within ten ( 10) days after the date
such payment is due, or if any rvent of Default shall
occur under the Mortgage or the Loan Agreement,, then the
Holder may at its right and option declare immediately due
and payable without notice the principal balance of this
Note and interest accrued thereon, and, to the extent
permitted by law, the applicable prepayment penalty,
together with any reasonable attorneys' fees incurred by
the Holder in collecting or enforcing payment thereof,
whether suit be brought or not, and all other sums due
hereunder or under the Mortgage, the. Loan Agreement, the
Guaranty or the Assignment, anything to the contrary
therein notwithstanding, and payment thereof may be
enforced and recovered in whole or in part, at any time,
by one or more of the remedies provided in this Note, the
Mortgage, the Loan Agreement, the Guaranty or the
Assignment, The Holder may extend the time of payment of
interest and /or principal of this Note, without notice to
or consent of any party liable hereon and without
releasing any such party, provided that in no event shall
the maturity date of this Note be extended beyond
September 1, 2007
The remedies of the Holder, as provided herein
and in the Mortgage, the Loan Agreement, the Guaranty and
the Assignment, shall be cumulative and concurrent; may be
pursued singly, successively or together an3 at the sole
discretion of the Holder; and may be exercised as often as
occasion therefor shall occur. The failure to exercise
any such right or remedy shall in no event be construed as
a waiver or release thereof.
mhe City, for itself, its successors and assigns,
hereby waives diligence, demand, presentment, protest and
notice of dishonor and suretyship defenses generally, and
agrees that, except as otherwise expressly provided herein
or in the Loan Agreement, without an y notice, the Holder
hereof and any present or future owner or owners of any
property and interests covered by the Mortgage or any
other document given to secure this Note, or executed in
connection with this Note, may, to the extent permitted b
law, from time to '1 otherwise
y
time extend, renew, or mod zfy
the date or dates or amount or amounts of payment above
recited; or, the Holder hereof may from time to time
release any part or parts of the property and interests
subject to said mortgage or to any such other document
from the same, with or without consideration. In an such
case he r
Y
t City, subject to limitation o the City's
liability, shall, to the extent permitted by law, continue
liable to pay the unpaid balance of the indebtedness
evidenced hereby as so extended, renewed or modified and
notwithstanding any such release.
Negotiation and Registration
The City shall register this Note upon its
books. Upon such registration, thi Note shall be
transferable only by the Holder hereof in person or by its
attorney duly authorized in writing by registration hereon
and on the books of the City kept for that purpose at the-
off ice of the City Clerk and upon surrender hereof
together with a written instrument of transfer
satisfactory to the City Clerk, duly_ executed by the
Holder or its duly authorized attorney. Upon such
transfer, the City Clerk will note the date of
registration and the name and address of the new Holder
upon the books of the City and in the registration blank
appearing below. The City may deem and treat the person
in whose name this Note is last registered upon the books
of the City, with such registration also not on this
Note, as the absolute owner hereof, whether or not
overdue, for the purpose of receiving payment of or on
account of the principal hereof, interest hereon or any
other sums payable hereunder, and for all other purposes,
and all such payments so made to the Holder or upon its
order shall be valid and effectual to satisfy and
discharge the liability on this Note to the extent of the
sum or sums so paid, and the City shall not be affected by
any notice to the cc Crarye The service charge shall be
made for such transfer, but the City may require payment
of a sum suf f icient to cover any tax, fee or governmental
charge or other expense incurred by the City each in
connection with such transfer,
Separability
If L any term of this Note, or the application
thereof to any person or circumstances, shall, to any
Z
extent, be invalid or unenforceable, the remainder of this
Note, or the application of such term. to persons or
circumstances other than those as to which it is invalid
or unenforceable, shall not be affected .thereby, and each
term of this Note shall be valid and enforceable to the
fullest extent permitted by law.
Successors in Interest
This Note applies to, inures to the benefit of,
and is binding not only on the parties hereto, but on
their respective heirs, legal representatives, successors
and assigns. The term `Holder" shall mean the registered
holder and owner of this Note, whether or not named as
Holder herein.
Modifications
This . Note may not be amended, modified or changed
nor shall any waiver of any provision hereof be effective,
except only by an instrument in writing and signed by the
party against whom enforcement of any waiver, amendment,
change, modification or discharge is sought.
4 :
It is intended that this Note is made withf
reference to and shall be construed as a Minnesota
contract and governed by the laws thereof,
This Note has been issued without registration
under state or federal or other securities laws, pursuant
to an exemption for such issuance; and accordingly this
Note may note be assigned or transferred in whole or part,
nor may a par tic ipation interest in this Note be given
pursuant to any participation agreement, except in
accordance with an applicable exemption from such
registration requirements,
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required to exist, happen and
be performed precedent to or in the issuance of this Note
do exist, have happened and have been performed in regular
and due form, time and manner as required by law.
IN WITNESS WHEREOF, the City has caused this Note
to be duly executed by its duly authorized officers and
CK1Z
its corporate seal to be affixed hereto, all as of th ise
day of August, 1982,
CITY OF MAPLEWOOD , MINNESOTA
i'
By V - -..
John Greavu, Mayor
And
Lucille Aurelius,
City Clerk t
SEAL)
11-
a
Certif icate of Registration
It is hereby cer t i f ied that the City of
Maplewood,. Minnesota, has this day registered the within
Note as to principal and interest, in she name of the
party set forth in the registration blank below, on the
books kept by the undersigned for such purpose:
Dame of
Registered
Owner
U n i onmu to al Stock
Life Insurance Co.
of America
Date of
Registration
August , 1982
Authorized
Signature
of City Clerk
12-
I
MEMORANDUM
TO: City Manager
FROM: Assistant City Engineer
DATE: August 16, 1982 __-
SUBJECT: Dorl and Road - -Hi 1 lwood Drive YTU
Project No. 78 -10
Contract Amendment No. 1 -
Attached is information concerning additional work and amendments to the con-
struction contract for the above referenced project. The changes are a result
of the inferior quality of the street subgrade material on Linwood Avenue,
Hil lwood Drive and Dorl and Road. The nature of the requested changes are as
f o 1 lows:
1. Soil borings taken during the design phase indicated that the i npl ace material,,
within the roadway limits, were inadequate for purposes of supporting the
street structures. Design specified subgrade correction consisting of
removal of the unstable materials and replacement with a common borrow.
During the course of the construction, it became apparent that the subsoi l
conditions contained very high moisture contents and that a better than
common grade borrow would have to be used. The design was therefore changed
to utilize a granular borrow which will provide for increases stability.
The estimated cost for the granular borrow will increase the contract by
21,013.65.
2. Linwood Avenue is owned and maintained by Ramsey County, therefore, replace-
ment of the street facilities was under the direction of the County
authorities. One of their requirements was to provide a seal coat applic-
ation over the new street surface within one year after completion of the
surfacing. We consider this type of surface treatment to be ineffective
on a new street surface. The County concurred and then deleted the seal
coating requirement. The effect of the deletion results in a decrease of
3,870.00.
The composite effect of this amendment increases the original contract amount
by $17,143.65. This amount is not a true respresentation of the overall effect
of the change in design. The granular borrow results in a higher quality sub -
grade and, therefore, the gravel thickness has been decreased. This reduced
quantity of gravel and the omission of the common borrow results in an overall
increase of $2,,335.67, In estimating the project cost, we added sufficient
funds for construction contingencies of off set this amount.
We recommend that the City Council approve the requested change in contract as
delineated under Contract Amendment No. 1
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
JACK E. GILL
THEODORE D. KEMNA
JOHN W. EMOND
KENNETH E. ADOLF
WILLIAM R:. ENGELHARDT
R. SCOTT HARRI
GERALD L. BACKMAN
R. MARK KOEGLER
SCHOELL & MADSON. INC.
ENGINEERS, SURVEYORS, PLANNERS,
AND SOIL TESTING
612) 938 -7601 • 50 NINTH AVENUE SOUTH * HOPKINS, MINNESOTA 55343
August 9, 1982
City of Maplewood
c/o Mr. David J. Pillatzke, P.E.,
Assistant City Engineer
1902 East County Road B
Maplewood, Minnesota 55109
Subject: City of Maplewood, Minnesota
Hillwood Drive /Dorland Road
Improvement Project No. 78 -10
Contract Amendment No, 1
Our File No. 10018
Gentelmen:
Herewith is Contract Amendment No. 1 for subject project.This amendment involves the deletion of the sealcoat constructionlon
on East Linwood Avenue and the addition of granular borrow for
roadway stabilization. The granular borrow is required due to
a lack of adequate material available within the project limits.
The gross affect of this Amendment will show an increase
to the original estimated contract amount of $17,143.65.
However, the net increase will be approximately $2,335.67. The
breakdown is as follows:
Add:
Granular Borrow 6,671 Tons @ 3.15 /Ton 21,013.65SubgradeExcavation5,486 C.Y.@ 1.42 /C.Y.7,790.12
Total Add 28,803.77
Deduct:
Class 5 Modified
Gravel Base on
East Linwood
Avenue 2,253 Tons @ 7.70/Ton 17,348.10BituminousSealcoat4,300 S.Y.@ 0.90 /S.Y.3,870.00CommonBorrow5,000 C.Y.@ 1.05 /C.Y.5
Total Deduct $26,468.10
Net Add to Overall Project Cost = $2,335.67
4 SCHOELL & MADSON, INC.
City of Maplewood
c/o Mr. David J. Pillatzke, P.E.,
Assistant City Engineer
Page Two August 9, 1982
This Amendment, in the amount of $17,143.65, is recommended
for approval.
RSHarri:mkr
enclosure
Very truly yours,
SCHOELL & MADSON, INC.
R
AN . 1
CITY OF Mpk-FLEWOOD
1N.G4t1EaR tN
CONTRACT AMENDMENT NO. 1
JULY 30, 1982
0
PROJECT; HILLWOOD DRIVE /DORLAND ROAD
IMPROVEMENT PROJECT NO. 78 -10
OWNER: CITY OF MAPLEWOOD , MINNESOTA _
TO: MUELLER PIPELINERS, INC., P. 0. BOX 268 PERHAM MINNESOTA 56573
You are directed to make the changes noted below in the subject contract.
OWNER : City of Maplewood BY:
YA
DATE:
John Greavu, Mayor
Barry R. Evans City Manager
DATE:
Nature of Change: For the deletion of the sealcoat construction on East
Linwood Avenue and the addition of 6671 tons of select
granular borrow for road stabilization purposes.
Original Contract Price
Total of Previously Authorized C
Net Increase Resulting from this
Current Contract Price Including
This Change Order results in the
677,840.25
hange Orders $ 0.00
Change Order $ 17,143.65
All Change Orders $694,983.90
following adjustment of Contract Time:
No Change
The above changes are approved:
SCHOELL & MADSON, INC.
ENGINEER '
BY: /Z 14AAA-ice
R. Scott Harri
DATE:
CITY ENGI EERC DATE
MUELLER PIPELINERS, INC.
CONTRACTOR
DATE:
CITY ATTORNEY
July 30, 1982
PROJECT: H I LLWOOD DRIVE / DORLAND ROAD _
IMPROVEMENT PROJECT NO 78-10
CITY OF MAPLE WOOD , MINNESOTA
CONTRACTOR: MUELLER P I PEL I NE RS , INC.
P. 0. BOX 268
PERHAM, MINNESOTA 56573
CONTRACT AMENDMENT N0; 1
CURRENT ESTIMATED CONTRACT AMOUNT: 677 84 0 2 5
THIS AMENDMENT:
For the deletion of the seal coat on `East Linwood Avenueeue
and the addition of select granular borrow for street
construction,
ADD:
Select Granular Borrow 6, 671 Tons @ $3.15/Ton = $21 013.65
DEDUCT
Bituminous Sealcoat 4 , 300 S.Y. @ $ o.go/S.y,= $ 3
TOTAL ADD: 17)143-65
TOTAL ESTIMATED CONTRACT AMOUNT
WITH CONTRACT AMENDMENT NO. 1 $6941P983.90
N
M1
a
T0:
FROM:
SUBJECT:
LOCATION:
OWNER /APPLICANT:
DATE:
MEMORANDUM
F I
City Manager
Randall Johnson--Associate Planner
Special Use Permit -- Non - Conforming Use ExpansionP _
1960 Ide Street _
John Mastel .Action by Cco,.ma 1 ;
July 27, 1982
iri n i s d .,.......te e...
1! F 4 4
SUMMARY OF THE PROPOSAL ±
n
Late.
Request
Approval of a special use permit to expand a residential use located in a
limited business commercial zoning district.
Proposal
Moe garagea20x22e onto the property for residential use.9
CONCLUSION
Anal ys i s
The intent of the code is to prohibit expansions to non - conforming uses or
structures that would discourage eventual development of an area as planned
and zoned.
The applicant'sicant`s re uest to move a modest -sized garage onto a property, where
no garage exists presently, would have little effect on a developer who wanted
to convert this property to a commercial use*
would also be i n the public interest in that the appl i cant ` s cars,
Approval i rove
yard equipment, bikes % etc. could be placed under cover. This would improve
the aesthetics of the area and reduce the opportunities for vandalism and theft.
Recommendation
Approval of a special use permit to allow the non - conforming single -dwel 1 i.ng use
at 1960 Ide Street to be expanded to include a garage. The basis for approval
is that the expansion of this use will not be significant enough to discourage
development of the parcel as zoned and planned.
b
BACKGROUND
Site Description
Lot Size: 120 x 124 feet, with 120 feet of frontage on Ide Street
Existing Land Use: A 672 square foot, single dwelling. No accessory
structures exist.
Surrounding Land Uses
North: An undeveloped 80 x 124 foot parcel, abutting unimproved portions of
Ide Street and Ryan Avenue, planned and zoned for limited service
commercial use.
East: An unimproved twenty foot wide alley right -of -way and the Gladstone
School property.
South: An undeveloped 80 x 124 foot parcel, planned and zoned for limited
service commercial use.
West: Ide Street. Across Ide Street, undeveloped land planned and zoned
for limited service commercial use.
7-3-80: Council approved the expansion of a - non - conforming single dwel 'l i ng
in a commercial zone for Mr. Elwood Lyn.g at 1960 Clarence, on the basis that
the expansion w i l l not be significant enough to discourage development of
the subject as zoned and planned."
DEPARTMENT CONSIDERATIONS
Planning
1. Land Use Plan Designation.- LSC - Limited Service Commercial
2. Zoning: LBC - Limited Business Commercial
3. Compliance with Land Use Laws: Section 912.010(5) states that "no
non - conforming building or premises devoted to a use not permitted in the
district in which such building or use is located shall be enlarged, re-
constructed, or structurally altered, unless
a. required by law or government order, or
b. there would not be a significant effect, as determined through a
special use permit, on the development of the parcel as zoned."
jw
Enclosures
1. Location Map
2. Property Line Map
3. Applicant's Letter of Request, dated 7 -26 -82
2-
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ST. PAUL
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A. Special Use Permit:t:1960 1 de Street P'pastel)
SeCretar Olsony said the a 1 i cant s requestingusepermittoexpand
pp
a
Con P nd a residential us approval of a s eci alercialzoningistr. located in a Limited B
p
in their report.
ct. Staff i s re use Hesseport. endi ng approval as Outlined
Karen P9astel ,, 1960 Id e Street, requested threcommenda •approval of the request
e Pl ann ng Commission
Commissioner Barrettofasecia moved the PI anni n Commission recolusepermittoalto
mi ss i mend aIdStreettobe
w the norconformi n sin royal
Xpande to _ include 9 ____91 e- dwellingthat Use athattheeX.._pans i on of - _ - '_9e • The bass s
1960
this use wil 1 not for appro i s1mentofthearc
be s 1 ni fi enou -- .- — . - -- -el as zonedand l a
n z a scou epnned. 9
Commissioner Kish
Fischer , Howard, Kishe Ayes -- Commissioner1, Prew, Slette-n Wh s Barrett, Ellefso ntcomb
a-
MEMORANDUM
T0: City Manager
FROM: Associate Planner -- Randall JohnsonSUBJECT: Zone Change, Street Vacations and •Lot Frontage VariaanceLOCATION: Walterter Street and Frost AvenueAPPLICANT: Mi chi al Mul aroni
f OWNERS: Frank Si 1 berbauer and 4 TEdithHagstromrti CrDATE: July 29, 1 982 =
Endo,.. r ,l; :
v
r
En
L,
SUMMARY OF THE PROPOSAL
Request
I. A zone change from R - ResidenceBence Di stri ct (.Single Dwelling) to R -3ResidenceDistrict (Multiple Dwelling). Refer to map three for the 'boundaries of this request.
2. Vacation of Walter Street from Fenton Street to Frost Avenue,
3. Vacation of Fenton Street from Adele to Walter Streets.
4. A thirty -foot lot frontage variance for Mr 'Mrs Edith Hags trom s propertyat1096FrostAvenue (map three),
Proposal
1. Construct two quad structures •containing four units each. The bedroommixturewouldbesixtwo - bedroom and two one-bedroom units*
2. Refer to the developer's letters of request.
CONCLUSION
Analysis
The applicant's request to vacate Walter Street requires approval of a lotfrontagevariancefor1096FrostAvenuesas •
three not to land lock th parcelmap ) The question is whether a lot frontageontage vary ance for this parcelisanacceptablremedyforthe ' resent lackP of frontage on an improved street.
The Hagstrom home at 1096 Frost Avenue has existed •to an improved ted for many years without frontagepdstreet. The present access is from Frost Avenueenue by way oftheunimprovedalleytoftheproperty (map three). _
It would not be cost - effective to construuct Walter Street to serve this property.Other properties in the area have frontage onMr. Si 1 berbauer at
g an improved str except1078FrostAvenue. If Walter Street were fo be vacated, thispropertywouldalsohavefrontageonanimprovedstreet (map three , )
Other than combination with property to the north or south, the requested variance
is the only means for 1096 Frost Avenue to gain frontage on an improved street.
Approval of the variance would perpetuate the present house - behind -a- .house
situation. However the public interest would be served if a_ driveway and
property address off Fenton were required as a condi ti o of the variance
for property visibility. Such v i s i b i l i ty does not presently .exist which hinders
the provision of public safety services.
Vacation of Walter Street and Fenton Street would 'also bring Mr. S l berbauer s
property (.1 0.78 Frost) into conformance with l frontage requirements. At P resent,
only the southeast corner of this property abuts a maintained public street.
Recommendation
I . Approval of a thirty -foot l frontage vari for Mrs. Edith Hagstrom,
1096 Frost Avenue) to permit only thirty feet of frontage on Fenton Street,
subject to:
A. Deed restrictions being recorded to run with lots 14 -17, Block 3,
Kavanagh and Dawson' s Addition to Gladstone stating that:
Effective upon Mrs. Edith Hagstrom ceasing to reside at this property,
presently known as 1096 Frost Avenue,-,
1. A driveway shall be constructed and maintained to Fenton Street
wh i ch meets the requi rements of Secti on 10.207 of the Uni form
Fire Code.
2. A Fenton Avenue address shall be assigned by the City Clerk and
be clearly identifiable from Fenton Street."
B. Submission to the City of a deed from the Anderson's (1101 Fenton
Avenue) to Edith Hagstrom (1096 Frost Avenue) plus any necessary
recording costs for the east thirty feet of vacated falter Street.
This deed will be recorded by the City once the resolution vacating
Walter Street has been recorded.
Approval is recommended on the basis that:
I. The dwelling was in existence prior to City Code requirements for
frontage on a maintained public street.
2. Improvement of Walter Street to serve this property would be
cost prohibitive.
3: The proposed frontage on Fenton Street is the only alternative,
short of eliminatin the existing dwelli and c theg. 9 9 - 9
property with an abutting property with proper frontage.
4. A paved drive access to Fenton Street for 14.9.6 Fr6s'"t is more
desirable for the provision of public safety services than the
present unimproved access to Frost Avenue.
n
II. Approve the vacation of Walter Street between Fenton Street and Frost Avenue,subject to (at least four votes for approval):
A. Approval of the requested .lot frontage variance for 1096 Frost AvenueRecommendationI).
B. Retention of utility and storm water easemen'ts as follows:
r
1. Ten feet along the west side of the centerline.
t
2. Twenty feet along the east side of the centerline, =- north of the
westerly extension of the north line of Lot 16 (map two) .
3. Ten feet along the remainder of the east side of the centerline.
4. The north seven feet of the right -of -way.
Approval is recommended on the basis that:
1. Walter Street is not necessary to the local street network.
2. It would be cost - prohibitive in terms of construction and maintenance
costs to improve all or a portion of Walter Street to serve the only
existing dwelling (1096 Frost Avenue) which does not have frontage
on an improved street.
3. The owner of 1096 Frost Avenue does not prefer to develop. the north
eighty feet of her property,,
III. Approval of the enclosed resolution, approving a zone change from R-1,
Residence District (Single Dwelling) to R -3, Residence District (Multiple
Dwelling), on the basis that:
A. The zone change is consistent with the land use plan.
B. The proposed use would not substantially detract from the use of abutting
properties.
IV. Approval to vacate Fenton Street between Adele and Walter Streets, subject
to retention of the westerly forty feet of right -of -way for a possible future
cul-de-sac on Adele Street.
Approval is recommended on the basis that:
A. None of the abutting properties requi re access from Fenton Street.
B. Improvement of this right -of -way would be cost - prohibitive and not in
the public's interest, due to the lack of accessibility of adjacent
properties.
C. On May 1, 1980 Council approved a variance for Peter Di' ke on the basis
that "there is no reason or public purpose for construc i ng Fenton Street.
3 -
BACKGROUND
Site Description
1. Proposed Rezone Site (map three)r
Size: 1.21 acres -
Existing land use: Undeveloped land and an undeveloped 60p x 25.1 foot portionoftheWalterStreetright -of - way,. pl armed for residential
medium density use.
2. Proposed Street vacations (South of the rezoning site)
a. An undeveloped 60 x foot portion of Walter Street lyingn nor.y g th of
Fenton Street.
b. An undeveloped 60 x 300 foot orti on of Fenton 5 'P Street lying- west of
Walter Street.
Surrounding Land Uses
1. Rezone site
North: Frost Avenue. across Frost Avenue, Fl i cek Park
East: Single dwelling
South: Single dwelling
West: Single dwellings
2. Fenton Street right -of -way -- unimproved
North: Single dwelling and undeveloped property planned for
single-dwelling use
South: Single dwelling and undeveloped property planned for
single-dwelling use
East: An improved portion of Fenton Street
West: An unimproved portion of Adele Street
3. Walter Street r ght -of- way -- unimproved (lying south of the ro osed rezone sitepP )
East: Single dwellings
South: An improved portion of Walter Street
West : A single dwellinlin9
Past A `cti ons •
3 Council tabled a request b Peter Dicke for lot frontageontage and access
var to build on lots 19 and 20, Block 4, Kavanagh and Dawson' s Addition to
Gladstone (map two) "until a feasibility study for streets and utilities in the
area is completed."
4-
Past Actions - conti.nued
5 -1 a. Council approved the construction of W.al ter Street. Improvement of
the - -
p
cul de sac for Adele Street, wou th of Frost Avenue, was con-
sidered but not approved.
Construction of Walter Street did not proceed because of a disagreementwithMr. Si l berbauer as to assessments and required easements,
r If a Project proceed within one ear, it -must be reorderedy _
by Counci if it is to proceed. No requests have - been received to
reconsider this project.
b. Council approved lot frontage and access variances for Peter Dicke
see 3 -1 -79 action) on the basis that "there is no reason or ubl i c
ur ose for didpconstructingFentonStreetandbecauseCouncildid not
order the Adele Street improvement."
A dwelling has not been constructed on this P arcel .
DEPARTMENTAL CONSIDERATIONS
Plan ng
1. Land Use Plan designation: Rm. Medium Density Residential
2. Permitted densi 22 people /net acre
3. Proposed d -ens i ty : 19.5 people/net acre
4. Present zoning: R-1 Residence District sin 1 e dwelling)i ng 9)
5. Policy c.ri teri a from the Plan page 18 -4: All properties shall have safe
and adequate access.
6. Compliance with Land Use Laws:
a. Statutory
1) State law requires that the foll findingsns beg made before a
variance can be granted:
a Strict enforcement would cause undue hardship because of cir-
cumstances unique to the individual property under consideration.
b) The variance would be in keeping with the spirit and intent of
the ordinance.
2) Section 412.851 of State Statute allo •ows a City to vacate any publiclandinterestafterahearingprecededbytwoweekspublishedand
posted notice.
b. Ordinance
z
1) Section 915.030 of the Zoning Code states that: "In an y instance where
the governing body is require d to consider an exce;ti on or chan 9 einthezoningordinanceormapinaccordancewiththeprovisions of
this ordinance, it shall, among other things:
5 -
a) Assure itself that the proposed change is consistent with the
spirit, purpose, and intent of the zoning ordinance.
b) Determine that the proposed change will not substantially change,i or detract from the use of neighboring property or from
the character of the neighborhood and that the use of the ro ertPPYadjacenttotheareaincludedintheproposed= change or plan is
adequately safeguarded.
c) Determine that the ro osed change wi serve - hPP9the best interest
of the Village, the convenience of the community a licableYapplicable)and the public welfare."
2) Section 1 -08 (f) (.1) (b) requires single-dwelling ots to have not
1
9
le than sixty feet of width at the front lo line. ne. Mrs . Hagstrom's
property at 1096 Frost Avenue would have only thirty feet of frontage
on Fenton Street, requiring a vari of thirty feet.
Public Works
1. Walter Street is not necessary for, access or traffic circulation in this area.
2. It would not be in the public's interest, in terms of initial capital or
long -term maintenance costs, to improve only the southerly portion of Walter
Street to provide an improved access for 1096 Frost Avenue (map three) .
Utility and storm water easements should be restored if vacated. Fenton
Street would serve no rovepubicpurposeandwouldbecost-prohibitive to improvePduetothelackofaccessfrontage. If vacated, the west forty feet
of right -of -way should be retained for the possible future construction of
a cul -de -sac on Adele Street.
City Clerk
1 Mrs. Edith Hagstrom' s address should remain 1096 Frost until she ceases toliveatthisaddress, unless she wishes to change it. A deed restrictionshouldrequireanaddresschangetoFentonStreetonceshenolongerresi des
property,at this
Public Safety
The driveway from Fenton Street to 1096 Frost Avenue (present address), whenconstructed, should meet the requirements of Section 10.207 of the Uniform FireCode. This code requir an "all weather, 5 ton, twelve foot wide ac 'access withinn150feetofthefarthestpartofadwellingorinstallmentofafire '
System."protectiony
IV mb
Enclosures
l .Location Map
2. Property Line Map
3-Site Plan
4-Letters of Justification
T
5 . Rezone Petition
6 . Vacati on Petition
7.Resolution -- rezoning
o --- 23 r -H z
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60 L f GERVAIS AV E. ERVAIS
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VIKI DR.
SH£RREN AVE
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Kell
LARK yAvE h LARK AVE, : ~ LARK AVE. __
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Lake F- R LAURIE RD. LAURIE }0 0 Z RO I0
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ST. PAUL
Map 1 LOCATION MAP 4
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SITE PLAN
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rL i " . icy E ` " aY ,r 6 Q F mod' ' L iC _ -
t
June 22, 1982
Mr. Geoff Olson
Director of Community Development
City of Maplewood =
1902 Edst County Road B
Maplewood, Minnesota 55109
Re Vacation of Walter Street and Fenton Avenue.
Dear Mr. Olson and Staff,
The purpose of these street vacations is to provide for an alternative to installin
Walter Street between Frost and Fenton. I have been advised of the unusual high
cost of the construction of street,, curb and gutter and water by the engineeringg
staff. All the neighbors signing on the petition including myself, are not in favor
of such improvements.
The city staff has informed me of the necessity of finding solutions to two non-
conforming uses in the affected area if a street vacation were to be granted,
One non - conforming use is the parcel owned by Edith Hagstrom at 1096 Frost
Avenue She informed me that she was discussing the ossibili of providing aptyAg n
easement to her property from Fenton with city staff as a solution to her access
problem, thus paving the way to allowing the Walter Street vacation to take place
Also, city staff and I discussed the second non - conforming use solution which
is at 1078 Frost Avenue and owned by Frank and Patricia Silberbauer. If Fenton
Avenue were to be vacated, Mr. Silberbauer would gain .30 feet of the Fenton north
R. O. W,; he would also gain 30 feet of the Walter west R.O.W. upon its vacation
thus having a total of 60 feet of frontage on existing public streets, This is a
permissable front width for cul -de -sac lots in the City of Maplewood. Mr. and Mrs.
Silberbauer are under the impression that Fenton is already vacated. However
City records show this is not the case so, this is also part of the reason to follow
through with the Fenton Avenue vacation between Adele and Walter.
Enclosed with this letter is a map of the area in question. Also indicated on the
drawing are desired easements needed by The City for-both existing sanitrY sewer
in the center of the Walter R. O. W, and an additional 10 foot easement for a distance
of 200 feet off Frost Avenue for future Storm sewer. The necessary driveryy
needed - by Edith Hagstrom will be provided-in the east 1/2 of the vacated Walter Street.s_
If you have any. questions or require additional information , please corftact me
a
Sincerel
r
Mi hia 1 Mularor
Property Owner
4721 14th ave.so. minneapotis, minnesota 55407 (612) 823 -7136
June 21 82
Mr. Geoff Olson
Director of Community Development
City of Maplewood
1902 East County Road B
Mapld Minnesota 55109
michial mularoni design &planning
Re; The re- zoning of the Frost Avenue/Walter Avenue parcel.
Dear Mr. Olson And Staff.
The parcel in' question located at the intersection of the unimproved Walter Avenue
and Frost Avenue, is currently proposed medium density residential in the Maplewoodpod
Comprehensive Plan. It is intended to develop this site for condominiums, not toexceed22netpersonsperacre. This parcel, including the vacated alley o the west,st,is 150 feet by 250 feet or 37,500 square feet. A feasible development for examplewouldbetwofour -plex buildings with a total of six -two bedroom units and two -one
bedroom units which totals 17.8 persons . This is less than the maximum of 18,9
persons for this 86 acre site.
This type of development provides for transition planning from low - density residential
to medium density residential to the non - residential across the collector street Frost
Avenue. From a "neighbor" perspective, the 2 50 foot deep lot fronts on Frost Avenue .
This will provide for at least 100 feet of distance between the single family home for
sale to the south and any future construction. There will also be at least that same
amount of distance to the east and west neighboring structures.
There is excellent vegetative cover to the east and the west to visually separate
any new construction from existing single family homes; Sewer and water are in the
Frost Avenue R.O.W, Necessary water service is installed to the ro ert line.P P Y
Sewer connections in the unimproved Walter Avenue are also available to this site.
The existing 60 foot R. O. W, for Walter Avenue will provide for needed stormwater
sewer easements in the future. The future proposed construction will have an excellent
view of Keller Golf Course and City park across the street.
If you have any questions or require additional information, feel free to contact me at
anytime
Re spe stful s mitte
i
ichial ula ni --,.
Property Owner
43 south lake street forest lake, minnesota 55025 612-464-2291
ADJOINING PROPERTY WIN
REZONE PETITION
PET1TIOh
M$V-9 woof
We, the undersigned property owners collectively represent 50% or more of the
adjoining property owners within 200 f eet of the requested rezcane property described1
on the attached application in accordance with Section
P
PP ce , ecion 915.010 Hof the 'Alaplewood
Municipal Code.
W petition the I':aplewood City Council for a change in official zonin c1 zssif Teat:
on the attached described property from grrry z to 3
zoning. -
Our names can be verified, as legal constituted land owners, on the certif yed abstrac
listing owners of land within 350. feet of' the requested rezone area) which is r.e q uir(to be filed in conjunction with the rezone application and this petition.
The written signature of any person's nam on this petition is indication df that
person's understanding of the proposed zo e, the proposed location and an endorse-
ment for approval .of such change,
ABSTRACT CERT.
SIGNATURE PRINT NAME L1ST NOo
v
I Z
400 - e. f A
t
T >.L
k 7 hAA1rj4E IE
C
0 S Ar goo ,
T
f
PUBLIC VACATION PETITION
We the undersigned, being a majority 'of the owners of land abutting on_the (street)Salley), or (public easement) described as: -
WA UTE 4 T
FEVIrAi AVENUG I AvetE c w,q c, S Te EATS
do hereby petition the City Council of Maplewood, Minnesota, to vacate the above described ar°ek
Signature Name
PI ease print or type) YP ) Abstractor's List No
e
s
L 1
a
y
RESOLUTION NO.
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
RESOLUTION MAKING FINDINGS OF FACT AND A ZONE CHANGE
WHEREAS, a - rezoning procedure has been i ni ti ated b Phi chial = Mul ar 'y oni for.
a_ zone change from R 1, Residence District (Single Dwelling) to ]R -3, Residence
District (Multiple Dwelling) for the following described property:
Lot 4, except the South 22.08 feet thereof and all o f -Lots 5-9. Lot10excepttheNorththreefeettakenforFrostAvenue, the East of
vacated alley accruing thereto in Block 4, Kavanagh and Dawson' s
Addition to Gladstone and the North 250 feet of the West 112 of the
vacated Walter Street accruing thereto. i in Block 4, Kavanagh and
Dawson' s Addition to Gladstone, and the North 250 feet of the East
1/2 of the vacated Walter Street accruing thereto, in Block 3
Kavanagh and Dawson s Addition to Gladstone, Ramsey County, Minnesota,
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by Mi chi al Mul aroni , P ursuanttoChapter915oftheMaplewoodCode;
2. That said rezoning procedure was referred to and reviewed by the MaplewoodCityPlanningCommissiononthedayof , 198 ,
at which time said Planning Commission recommended to the City Council that
said rezone procedure be approved;
3 That the Maplewood City Council held a public hearing to consider the rezoning9procedure, notice thereof having been published and mailed pursuant to law;and
4. That all persons present at said hearing were given an opportunity to be
heard and /or present written statements, and the Council considered reportsandrecommendationsoftheCityStaffandPlanningCommission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA that the above - described rezoning be granted on the
basis of the following findings of fact:
1. The requested zone chang is consistent with the Land '9 Use Plan for this area.
2. The proposed use would not substantially detract from the use of abutting
properties.
Adopted this
ATTEST:
day of 198
Mayor
Manager
City Clerk
8. NEW BUSINESS
C. Rezoning, .Street Vacations and Variance: Frost Avenue (Mularoni)
Secretary Olson sai the applicant i s requesting a zone change,of Walter and Fenton 'and -
g . n 9e, vacation
a variance. Staffs recommendater on i s includedintheirreport. The applicant has purchase agreements from adjoiningowner h . g the ado n ngpropertysforttheir1/2 of vacated Walter Street.
Mike Mularoni , 4721 14th Avenue South Minneapolis, 'said the staff hadpresentedtheproposalquitewellintheirreport. He had nothingPothng to add.
Chairman P rew asked if there was anyone else presentypent who wished tocommentontheproposal.
No one else was heard.
Commissioner- Ki lshe moved the Planningn Commission recommend to thenci1approvalofathirty-foot lot f
on Fenton Street, subject to:
frontage var'ance for Mrs.Edith Ha strom 1096 Frost Avenue, to ermi t onl thi rt feet _ v o f f ro n t a qe
1. Deed restrictions being recorded to run with lots 14 -17, block 3,Kavanagh and Dawson ' Addition to Gladstone stating that:
Effective upon Mrs. Hagstrom ceasing to reside at this
property, presently known as 1096 Frost Avenue:
a. A driveway shal be constructed and maintained t Fenton StreetwhichmeetstherequirementsofSection10.207 of the UniformrmFireCode.
b. A Fenton Street address shall be assig b the Cigyy C]erk andbeclearlyidentifiablefromFentonStreet.
2. Submission to the City of a deed from the Anderson's 1101 FeStreettoEdith
Fenton
i th Hagstrom, 1096 Frost Avenue, plus any necessaryrecordingcostsfortheeastthirtyfeetofvacatedWalterStreet.This deed will be recorded by the City once the resolution vacaWalterStreethasbeenrecorded.
Approval is recommended on the basis that:
a. The dwelling was in existence prior to City Code requirementsrements fyq orfrontageonamaintainednedpublicstreet.
b. Improvement of Ulalter Street to serve this ro ert would be cppycost
prohibit
c. The proposed frontage on Fenton Street is the Whernative,e onlyshortofeliminatingtheexistingdwellingandcombi n the propertygroppwithanabuttingpropertywithproperfrontage,
6 8 --2 -82
d. A paved drive access to Fenton Street for 1096 Frost is more
desirable for the provi of public safety sf rvi ces than the
present unimproved access to Frost Avenue.
Commissioner Fischer seconded Ayes -- Commissioners Barrett,
Ell efson, Fischer, Howard, Ki s hel , Prew, Sl etten, Whitcomb
Commissioner Fischer moved the P1 an n Commission recommend the Cit
Counci approve the vacation o 1a ter Street between Fenton, Street and
Frost Avenue, subject to: r
1. Approval of the requested lot frontage variance for 1096 Frost Avenue,
2. Retention of utility and storm water easements as follows:
a. Ten feet along the west side of the centerline.
b. Twenty feet along the east side of the centerline, north of the
westerly extension of the north line of lot 16.
c.Ten feet along the remainder of the east side of the centerline.
d.The north seven feet of the right -of -way.
Approval is r.ecoi mended on the basis that:
1. Walter Street is not necessary to the local street network.
2. It would be cost - prohibitive in terms of construction and maintenance
costs to improve al or a portion of Walter Street to serve the .
only existing dwelling, 1096 Frost Avenue, which does not have frontage
on an improved street.
3. The owner of 1096 Frost Avenue does not pefer to develop the north
eighty feet of her property.
Commissioner S1 etten seconded Ayes--Commissioners Barrett,
Ell efson, Fischer, Howard, Ki shel , Prew, S1 etten, Whitcomb
Commissioner S1 etten moved the P1 anni ng Commission recommend the
City Council approve the resolution fora zone chang from R -1 Residence
District (Single Dwellin to R -3 Residence District Multi le Dwell ,
on the basis that:
1. The zone change is consistent with the Land Use Plan.
2. The proposed use would not substantially detract from the use of
r -abutting properties.
Commissioner Barrett seconded Ayes- -Commi ss i one's Ba rrett,
Ell efson, Fischer, Howard, Ki shel , Prew, S1 etten, Whitcomb
ii_
Z 46
7 8-2-82
Commissioner Ki she) moved the P1 anni •n Comma ss on recorzend to theCiteCouncil - approval to vacate Fenton Streettreet betwe- e oel e an Waltersub 'ect to retention of the wester) forforaPossiblefuture -
t feet of right-- of -waculde -sac on Adele Street, on the ba s1 s that:
None of the abutting properties -"g p perties require access from Fenton Street
2. Improvement of this right-of-way would be cost-prohibitive and n 'the public interest due to the lack of accessibilit of adjacent
t 1 n
properties.
3. On May 1, 1980 Counc approved '
tha "-
pp a earl ance for Peter Dicke on the basistc,here 1 s no reason for public ur ose •p p for construct) ng Fenton Street ".
Commissioner Fischer seconded
Sandra Dicke, 174 Frank Street, questionedusedforthe. _ q oned how much property would becul - de - sac,
Secretary Olson indicated that it wouldbeusedn
be dust right-of-way that rouldoprivateproperty.
Voting on the motion: .
E11 efson Fischer, ayes - - Corrri ss1 oners Barrett,Kowa rd, K1 shel , Prew, Sletten Whitcomb
r
Ei
dA
Action by Council
Enders ed
od'
RE j 2 tcd
Request
To rezone the corner of Century Avenue and Lower Afton Road from BCbusinesscommercialtoF, farm residence, '
Proposal
1. This rezoning i s art of -p the city - downzoni ng" programauthorizedbytheCitCouncilP9 that wasY1onJune28th.
2. There is no development ro osepp d for this property.
CONCLUSION
Comment
The site is not used or proposed for 'or Count P r comrerc al development by the Ci tY. Y
Recommendation
Approval of the enclosed resolution •basis that: rezoning the site from BC to F, on the
1. The site is shown as open space on the Comprehensive Plan.2. The site iis owned by Ramsey Countyunty for a workhouse.3. Ramsey County does to intend to develop the -p e s to commerc ly
MEMORANDUM
TO:City ManagergFROM:
SUBJECT:
Director of Community DevelopmentRezoningLOALOCATION:
APPLICANT:.
Lower Afton Road and Centurytury AvenueCityofMaplewoodOWNER:Ramsey CountyyDATE:July 28, 1982
SUMMARY OF THE PROPOSAL
Action by Council
Enders ed
od'
RE j 2 tcd
Request
To rezone the corner of Century Avenue and Lower Afton Road from BCbusinesscommercialtoF, farm residence, '
Proposal
1. This rezoning i s art of -p the city - downzoni ng" programauthorizedbytheCitCouncilP9 that wasY1onJune28th.
2. There is no development ro osepp d for this property.
CONCLUSION
Comment
The site is not used or proposed for 'or Count P r comrerc al development by the Ci tY. Y
Recommendation
Approval of the enclosed resolution •basis that: rezoning the site from BC to F, on the
1. The site is shown as open space on the Comprehensive Plan.2. The site i is owned by Ramsey Countyunty for a workhouse.3. Ramsey County does to intend to develop the -p e s to commercly
BACKGROUND
Site Description
Gross acreage to be rezoned: 20 acres
Existing land use: Farm land for the Ramsey County Workhouse
Surrounding Land Uses
Northerly, southerly and westerly: Ramsey Count Workhouse rYproperty
Easterly: Century Avenue. There are singlee dwel l i n s and f '9 g arm land nWoodburytotheeastofCenturyAvenue.
DEPARTMENTAL CONSIDERATIONS
P1 anni ng
Comprehensi Plan Designation:
Zoning.- BC, business commercial
OS, open space
Legal
There is a deed restriction that if this ero rt is n
W p p Y o longer used for theCountyWorkFarm, i t must be used for recreation or it reverts to 'St . Paul.the city of
ADMINISTRATIVE
Procedure
Planning Commission Recommendati on
City Council: First reading and ubl i c hearipgCityCouncil: Second reading and adoption
mb
Cr Oft 1 mow.. - - -
Location Map
property Line Map
Resolution
AW ki I WATLR LA
JAPES D
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16)
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LOWERCwER AFTON an I
owc d
cr
44AILAND F
3)
CL CST
1) LAKEWOOD DR.
2) TEAKWOOD DR.
3) CRESTVIEW DR.
44) OAKRIDGIE Dot.
5) MILLWOOD DR.
LINWOOD— AVI
AML AVE
D4 HL
CT
P YLI
HIGHWOOD
Z
494
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LOCATION MAP'0C
N
0
RESOLUTION NO.
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF ACHANGE ZONE
r
WHEREAS, a rezoning procedure has been i Citynztlatedbythe of
Mapl ewood, for a zone change from BC businessnes '9 s commerce al to F, Farm
residence for the following described .ed property.
The east 660 feet of the south half of the north half12Town1 of SectionTownship28, Range 22.
WHEREAS, the procedural history of •y this rezoning procedure i s as follows:
1. That a rezoning procedure has . 9 P been initiated by the City CouncilpursuanttoChapter915oftheMaplewoodCode;
2. That said rezoning procedure was9rP . referred to and rev• iewed by theMaplewoodCityPlanningCommissiononthesecondd1982atw
ay of August,which time said Planningng Commission recommended to theCityCouncilthatsaidrezoneprocedurebeapproved;
3. That. the Maplewood City ouncil h -y held a publicc hears ng to considertherezoningprocedure; notice thereof havin been 'mailed 9 published and
pursuant to 1 aw; and
4. That all persons present at said hearing were i •g given an opportunitytobeheardand /or present written statements, and the CouncilconsideredreportsandrecommendationsoftheCityStaff
C y a f andPlanningCommission.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD,RAMSEY COUNTY MINNESOTA that the above - described rezoning e ranted
findings
g 9 on thebasisofthefollowingndingsoffact:
1. The site is shown as open space on the Comprehensive Plan.
2. The site is owned by Ramsey County for a *workho use.
3. Ramsey County does not intend to develop he sitee commerce al ly.
Adopted this day of
ATTEST:
198
T
Mayor
Manager
City Clerk
E.. Rezoning: Lower Afton Road and Century Avenue
Secretary Olson said the proposal is to rezone the corner of AC ntu ryandLowerAftonfromBC .to - F,
No one was present to discuss this matter
Commissioner Barrett moved the Plannin Commission recommend to theCityCounciapprovaloftheresolutionrezoningthesitefromBCtoF
on the basis that: '
1. The si is shown as open space on the Comprehensive Plan,
2. The site is owned by Ramsey County for a workhouse.
3. Ramsey County does not intend to develop the site commerciall
Commi ss i oner S1 etten seconded Ayes -Commi ss i onery s Barrett,El l efson, Fischer, Howard, Ki shel , Prew, S1 etten, Whitcomb .
M
t
t
Q
MEMORANDUM
TO: City Manager
bFROM: Director of Community Development Actioncur3:
SUBJECT: Rezoning.
LOCATION: McKnight Road and Upper Afton Road ndcti --
APPLICANT: Ci of Maplewood = 1 di C .
OWNER: Ramsey County ReJ6C U
T DATE : July 28, 1982 e
SUMMARY OF THE PROPOSAL
Req
To rezone the southeast corner of McKnight Road and Upper Afton Road from9PPom
BC, business commercial and M -1, 1 i ght manufacture ng to F, farm residence.
Proposal
1. This rezoning is part of the city -wide "downzoni ng" program that was
authorized by the City Counci on June 28,
2. This property is part of the Battle Creek Regional Park. No other
development is proposed.
RECOMMENDATION
Approval of the enclosed resolution rezoning the site from BC and M -1 to F.
on the basis that:
10 The site is shown as open space on the Comprehensive Plan.
2. The site is owned and planned by Ramsey County for park use.
BACKGROUND
Site Description
Gross acreage to be rezoned: 158 acres =`
Existing Land Use: Undeveloped Park Land
Surrounding Land Uses
Northerly: County park land, except for a smaller parcel that was approvedforaracquetballclub
Southerly: County park land
Easterly: County park land and work farm ro ertPPY
Westerly: McKnight Road and mixed residential uses in St. Paul
Past Actions
12- 12 -63: The portion of this site now zoned M -1 was rezoned from F to M -1foranindustrialpark. There is no record of the , commerci al rezoning.
DEPARTMENTAL CONSIDERATIONS
Pi anni ng
Comprehensive Plan designation: OS, open space
Zoning: BC and M -1
ADMINISTRATIVE
Procedure
1. Planning Commission recommendation
2. City Council: First reading and public hearing
3. City Council: Second reading and adoption
Enclosures
1. Location Map
2. Property Line Map
30 Resolution
2 -
h N
N
3M .j
0 p W
or
Q cr r--
68 MATCH LINE' 6. '
S
FLU
CON WAY r r• A V ( SERVIC RDt U
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94 12
120
HUDSON RD
HUDSON
OQ .PLAC
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j > R w
aR
Cott Creek
w MAYS R L A.
JAMES
cr35
UPPER
u
WAFTONRD. _
16
T2aNR22W !
2A4 '
LOWER AFTON RD.
39
LOND LA F
N N p O ' V
v p i2 tI
6E Q cI) , 39
cr c3
S (,
r. MAILAND RD. y (4)
c2 c3) t 25i )
l) LAKEWOOD DR.
2) TEAKWOOD Wt. }- }-
3) CRESTVIEW DR. }— f—
K) OAKRIDGE DR . Z Z
D D -
LOCATION MAP
c
N
F 4
BC T.1
BC F
If BC
ml . ..
BC
A. r- ===LAS a.~
RESERVED- FO PARK
kk
APARTMENT OWNERSHi'
4 AftRYMENT OWNERSHIP NO. 14 P1
NO 50
LONDI
U
PROPERT LINE MAP
RESOLUTION N0.P
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
RESOLUTION MAKING FINDINGS OF FACT AND PPA ROYAL OF _
A ZONE CHANGE
WHEREAS, a rezoning procedure has been initiated b te Cs of Maplewood
for a zone change from BC, business Commercial and M -1 light manufacturinggnufacturing
to F. Farm residence for the following descri bed ro ertPPY
The southwest quarter of Section 1 Townshi 28, Range 22, exceptthatpartofthenorthwestquarterofthesouthwestuarterfSection28Range22qo
g ,descri bed as follows
Commencing at the northeast corner of the said no. "rthwest ua r
quarter q ter of thesouthwestqandthencerunningsouthalongtheeasterlylinethereofadistanceof415feettoapoint; thence west and aral l e 'P l with the northlineofsaidnorthwestquarterofsouthwestquarteradistanceof285feettoapoint; thence north and paral with the east l i n e of said northwestquarterofsouthwestquarteradistanceof415feet, more or less,to thenorthlineofsaidnorthwestquarterofsouthwestquarter; thence eastalongthenorthlineofsainorthwestquarterofsouthwestquarterto thepointofbeginning; subject to the Upper Afton Road.
WHEREAS, the procedural history of this rezoning procedure 'g p ce ure is as follows:
1. That a' rezoning rocedure has been 'P int ated by the Ci of Maplewood,pursuant to Chapter 915 of the Maplewood Code;
2. That sai rezoning procedure was referred to and reviewed by theMaplewoodCityPlanningCommissionontheseconddayfAugust,y 9 '1982, at which timee said Planning Commission recommended to the CityCouncithatsaidrezoneprocedurebeapproved;
3. That the Maplewood City Council held a public hearing to considerPgder therezoningprocedure, notice thereof having been P ubl i shed and mailed
P ursuant to la and
4. That all persons present at said hearing ere given an o99opportuni tobeheardand /or present written statements, and the Counci considered
reports and recommendati of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAP WRAMSEYCOUNTYMMAPLEWOOD,MINNESOTA, that the above - described rezoning be ranted on thebasisofthefollowinfindingsn
g
9 gs of fact:
1. The site is shown asoen .p space on the Comprehensive Plan.
2. The site is owned and planned by Ramsey County-for park use.
Adopted this day of 198 -
i
Mayor
Manager
ATTEST:
City Clerk
Lk
M
F. Rezoning: McKnight Road and Upper Afton Road
Secretary Olson said the proposal is to rezone the southeast corner of
McKnight Road and Upper Afton from BC -and M -1 to F.
No one was present at the meeting to discuss this matter
Commissioner Whitcomb moved the Planning Commission recommend to the
Cit Council approval of t resolution rezonin the site from BC and M -1toF, on the ba — "" - - - ---- --si s that:
1. The site is shown as open space on the Comprehensiveve Plan .P .
2. The site is owned and planned by Ramsey County for P ark use.
Commissioner Fischer seconded A es-- Commission rye s Barrett
E1 l efson, Fischer, Howard, Ki shel , Prew, S1 etten, Whitcomb
TO:City Manager
FROM:Director of Community Development
SUBJECT:Rezoning
LOCATION:McKnight Road and 1-94
APPLICANT:City of Maplewood
OWNER:Ramsey County
DATE:July 28, 1982
SUMMARY OF THE PROPOSAL
o t-1 or -, ,,.,,. ,1 i . .
E_nn
Da -`
Reque
To rezone the site from BC, business commercial to F, farm residence.
Proposal
1. This rezoning is part of the city -wide "downzoni ng" program that
was authorized by the City Council on June 28th,
2. There is no development proposed for this ro ert .p p y
RECOMMENDATION
Approval of the enclosed resolution rezoning the site from BC to F, on the
basis that:
1. The Comprehensive Plan designates this site for open space use.
2. The si is not used or planned to be used for commercial development.
BACKGROUND
Site Description
Gross average to be rezoned: 40 acres
Existing Land Use: PUndeveloped ark landP
Surrounding Land Uses
Northerly: I -94
Easterly: Single Dwellings
Southerly: County Park Land
Westerly: McKnight Road and apartments i n St. Paulaul
DEPARTMENTAL CONSIDERATIONS
Planning
Comprehensive .Plan Designation: OS, Open Space
Zoning: BC, Business Commercial
ADMINISTRATIVE
Procedure
Planning Commission Recommendation
City Council: First reading and public hearing9
City Council: Second reading and adoption
mb
Enclosures
1. Location Map
2-. Property Line Map
3-. Resolution
M- ~
h N? E-
V3
W
O
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3 M w
Q a
R68 MATCH LINE S
CONWAY ' U AV SERVIC RD —.
T28N R22W
2 4l
LOWER AFTON RD.D
39 =•
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ac
MAILAND RD. h
2) 3) 77i
it
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i
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4)
25 )
y
LOCATION MAP
C
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M2.
1-84
9 I
BC
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B C
L
me ;0050001.00
0-op
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PROPERTY LINE MAP '4
RESOLUTION NO.
COUNTY OF RAMS EY
CITY OF MAPLEWOOD
RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL OF A ZONE CHANGE
WHEREAS, a rezoning procedure has been initiated by the City of Maplewood
for a zone change from BC, business commercial to F, Farm residence for the
fol l owi ng . descri bed property: T
The northwest quarter of the northwest quarter of Section one (1),
Township Twenty -eight (28),, Range Twenty -two (22)
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by the City of Maplewood,
pursuant to Chapter 915 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the
Maplewood City Planning Commission on the second day of August,
1982, at which time said Planning Commission recommended to the
City Council that said rezone procedure be approved;
3. That the Maplewood City Council held a public hearing to consider
the rezoning procedure, notice thereof having been published and
mailed pursuant to law; and
4. That all persons present at said hearing were given an opportunity
to be heard and /or present written statements, and the Council
considered reports and recommendations of the City Staff and Planning
Commission.
NOW, THEREFORE, BE -IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA, that the above-described rezoning be granted on the
basis of the following findings of fact:
1. The Comprehensive Plan designates this site for open space use.
2. The site is not used or planned to be used for commercial development 4,
Adopted this day of 198 .
Mayor
Manager
ATTEST:
City Clerk
T 4
G. Rezoning: McKnight Road and I -94
Secretary Olson said it is proposed to rezone the site from BC to F.
No one was present at the meeting to discuss this matter
Commi ssi.oner Ki shel moved the P1 ann ng Co ssi on re to the
Ci Council approval of the resolution re n q the site fro aC to o _
e basis that:
1. The Comprehensive Plan designates this site for open space,
2. The site is not used or planned to be used for commercial development
Commissioner S1 etten seconded Ayes -- Commissioners Barrett,
Ei l efson, Fischer, Howard, Ki shel , Prew, Sl etten, Whitcomb
6
MEMORANDUM
TO: City Manager
FROM: Thomas Ekstrand-- Associ ate P1Planner A
SUBJECT: Special Use Permit =
LOCATION: Century Avenue North of I -94 ^rsE
APPLICANT: Denny's Restaurant
OWNER: Tanner's Lake Partners - PL- LejPROJECT: Denny's Restaurant --DATE: August 11, 1982
SUMMARY OF THE PROPOSAL
Request
Approval of a special use permit for a Denny's Restaurant on propert y zoned
M -2, Heavy Manufacturing.
Proposed Land Use
The following is a description of the proposed use and operation as submitted bytheapplicantppsicant
Denny's Inc. headquartered in La Mirada, California, near
Los Angeles, is on the New York and Pacific Stock Exchanges
and has a national and. international reputation for succ
ful operation. All of their restaurants - now numbering
over 900 - haveae a menu which caters to middle America with
a wholesome variety of foods priced moderatel y for fami
consumption.
Denny's Inc. will own thi restaurant and staff it with
local people as it does for most of their facilities. Thi s
building wi be of their latest design and will seat 120
customers at individual dining rooms and at the coffee
bar. Ten to twelve employees w i l l serve these customers
in three shifts, during a 24..hour operation, seven days a
week. Deliveries will be made by one semi- trailer once a
week and by smaller local vans during varying hours, every
day, while trash will be picked up by local concern on a
weekly basis.
RECOMMENDATION
Approval of a special use permit for a "sit-down" restaurant, based on thefindingsthattheusewouldbecompatiblewiththeLandUsePlanandsurroundingdevelopment,r g
Approval is subject to the following conditions:
L The applicant. shall obtain written permission from Oakdale to connect totheirutilities.
I •
2. The applicant shall obtain a building permit within one year of approval
unless the Council extends the special use permit.
3. Once the building is erected no further reviews of the special use P ermit
shall be required.
4. approval of the special use permit does not include a PP roval of the site
plan.
2_
BACKGROUND
Site Description
1. Lot size: 36,000 square feet
2. Existing Land Use: An old vacant single dwelling and gara: §e
Surrounding Land Uses
Northerly: The proposed Cricket Inn site
Southerly: American Family Insurance
Easterly: Vacated Century Avenue and Tanner's Lake
Westerly: Highway 120
Past Actions
8- 20 -81: Maplewood City Council granted a Special Use Permit for the Cricket
Inn, subject to the following conditions:
1. The applicant. shall obtain written permission from Oakdale to connect to
their utilities.
2. The applicant shall obtain a building permit within one year of approval ,
unless Council extends.the special use permit.
3. The vacation of Century Avenue shall be filed with Ramsey and Washington
Counties and all conditions of the vacation shall be met.
4. Approval of site and building plans.
Council tabled action on the proposed restaurant use.
The vacation of Century Avenue has been filed.
10- 15 -81: Council adopted DNR' s Shorel and Management Standards as an interim
shoreland development guideline. This restaurant would be affected by these
guidelines.
11- 10 -81: The Community Design Review Board approved the Cricket Inn, subject
to twenty -one conditions.
8-10-82: The Community Design Review Board approved Denny's Restaurant, subject
to eighteen conditions.
r
DEPARTMENT CONSIDERATIONS
Planning
1. Land Use Plan Designation: SC, Service Commercial
2. Zoning: M -2, Heavy Manufacturing
3-
3. Section 910.010 (1) of the Zoning Code requires that a special u.c permit
be obtained from the City Council for BC, Business Commercial developments
in a M -2 district.
Parks
On August 9, 1982, the Parks and Recreation Commission moved that Denny's be
required to provide an on -site bike trail along the westerly side of their
property, since the Comprehensive Plan proposes a north south frail along
Highway 120. The Parks and Recreation Commission, however, did not make the
same requirement of the Cricket Inn when they reviewed that proposal on
July 13, 19810
Public Works
1. Water and sanitary sewer should come from the City of Oakdale.
2. Permission must be obtained from the Minnesota Department of Transportation
to cross the MnDOT drainage easement with the proposed Denny's culvert.
3. All curbing should be concrete.
Other Agencies
Department of Natural Resources
The DNR has prepared a model ordinance dealing with development a1 ong shorel ands .
This model ordinance was submitted to the City of Maplewood to serve as a guide
in establishing a Shorel and Protection Ordinance by September 21,'1982. The
criteria which affects the Denny's proposal is: a) parking lots and buildings
must be set back 50 feet from shorelines and b) no more than 30/ of the site
shall be covered with impervious material.
city of Oakdale
The provision of water and sanitary sewer service has been approved by the City
of Oakdale.
jw
Enclosures:
1. Location Map
2. Property Line Map
1. Site Plan date- stamped 7 -21 -82
r
4-
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3M
MATCH LI NE u
CONWAY U l AV S E Etvl RD '
gn
35
LOCATION MAP'
16
f
1) ainR
2) Oros
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T
4
N
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Del V,
1 4r ` ` "~
CRICKET INN SITE
ut
DENNY'S SITE
Si
t : AMERICAN ^ FAMILY • -
i •_• - ' INSURANCE 1
t
de i
ar
INTERSTATE 94
11 Is 0 op
vt
r - r
PROPERTY LINE MAP 4
N
S i
MEMORANDUM
TO: City Manager
FROM: Finance Director r
RE: Award of Bids - Employee Group Insurance
DATE: August 16, 1982
PROPOSAL
It is proposed that:
G -/
A c l l o i1 - ,, ,, C
E na or-
Ir c _
1. A four -year contract for life insurance coverage be awarded to
Minnesota Mutual Life Insurance Company based upon the terms of
their bid.
2. A four -year contract for health maintenance organi zati on coverages
be awarded to Coordinated Health Care, Inc. based upon the terms
of their bid.
3. Renewal of the current contract with Great West Life Assurance
Company for medical and life insurance be delayed until September 13th
pending further study of a limited self - insurance plan.
RArKr.pni 1Nn
Presently for medical coverages, City employees have the option of obtaining
a health insurance policy -from Great West or of bei a member in Group
Health Plan (which is a health maintenance organization). Currently, life
insurance coverage is provided by Minnesota Mutual except for those employees
that have health insurance with Great West also have the first $10,000 of
their life insurance with Great West. (This is an underwriting requirement
of Great West.) Optional dental insurance is available to employees under a
self - insurance plan which i-s administered by Employee Benefit Plans Incorporated.
However, employees that are members of.Group Health Plan have the option of
obtaining dental benefits directly from Group Health Plan. These coverages and
the premium rates are listed in the attached Exhibit A. The portion of the
premium paid by the City varies among bargaining groups and is outlined in
Exhibit B.
State law requires that group insurance be rebid at least once every 48 months.
The City Attorney has interpreted that the requirement also applies to coverages
provided by health maintenance organizations (HMOs). Thus, bids were solicited
for HMO coverage and life insurance as Group Health Plan and Minnesota Mutual
obtained their current contracts through bids submitted in 1978. Bids were
also solicited for medical insurance as the rates in effect for Great West are
considered excessive, some l i f e insurance coverages are required by them, and
there have been administrative problems deal with this firm.
f
BID SOLICITATION PROCESS
2-
An attempt was made to do everything conceivable to ensure that a large number
of bids were received. Steps taken were:
1. The last version of the specifications was improved by
provisions used by Hennepin County and its suburbs.
2. The specifications included a provision for a four -year contract
subject to annual increases based on claims experience) rather than
a one -year contract.. Generally, insurance companies do not want to
prepare bids each year. The language used in the specifications was
as follows:
Bidders are asked to submit their proposals based on the
City's intention of writing a fours -year contract subject
to: 1) the right of the underwriter to revise rates annually
based on the actual group experience of the plan selected
the retention formula remaining the same); 2) the riqht of
the City to exercise an option of cancellation if in the
determination of the City Council the continuation of the
policy is contrary to the interest of the City; and 3 )
subject to any legislation governing group insurance for
political subdivisions of the State of Minnesota."
3. A draft of the specifications was reviewed by two different insurance
agents and revised as they recommended to eliminate any provisions
that would discourage bids.
4. A bid notice mailing list was prepared that included:
a. Companies and agents that had previously bid on City insurance.
b. Companies that had ads for group insurance in the yellow paces
of the telephone directory.
c. Companies that insured other suburbs (all suburbs over 10,000
in population were surveyed).
5. Over 50 letters were sent to insurance companies and agents inviting
them to bid.
6. To ensure that insurance agents would make a special effort to find a
comaan y gwillin to insure the City, the preceding letter indicated a
preference for a contract through an agent rather than directly with
an insurance company.
7. The lenally required bid notice was published in the Maplewood Review.
8. After the release of specifications, over two months was allowed for the
preparation of bids.
These steps were successful as 22 companies and agents requested specifications.
3-
BIDS RECEIVED
A total of eight bids were received: six for l i fe insurance and two for H.M.Q.
coverages. No bids were received for medical insurance. The attached Exhibit C
is a tabulation of the bids that were received. It should be noted that the bid
from Group Health Plan was received late. The City Attorney has indicated that
legally this bid cannot be considered. However, the City has the option of
rejecting Coordinated Health Care's bid and re- advertising for bids which, in
effect, would give Group Health Plan a second chance to submit their bid on time.
This option is not recommended as the Coordinated Health Care bid is the lowest
and substantially conformed to the specifications.
Exhibit D lists the agency and agent for each of the bids that were submitted.
The City's current agent of record for Minnesota Mutual is Floyd Johnson of the
Harry R. Ochs Agency. The City's current optional H. M.O. coverage provided by
Group Health Plan is not through an
I
agent.
LIFE INSURANCE
Four of the six l i fe insurance bids submitted included a minimum participation
requirement in excess of the percentage of employees presently participating in
optional employee and dependent life insurance. The two bids that did not have
excessive participation requirements were from Minnesota Mutual and Unigard Olympic.
Of these two bids, Minnesota Mutual submitted the low bid. In addition, this firm
indicated they would be willing to allow employees to insure their spouses for an
anount equal to 50/ of the optional insurance carried by the employee. It is
recommended that a four -year contract for life insurance coverages be awarded to
Minnesota Mutual based upon the terms of their bid (including the provisions for
rate changes and the cancellation rights contained in the specifications and
referenced on page two of this report).
H.M.O. COVERAGE
The premium rates bid by Coordinated Health Care were, less than the rates bid
by Group Health Plan (see Exhi bi t C) . The benefits provided by Coordinated Health
Care are similar and in some cases better than Group Health Plan benefits. Benefi t
differences are outlined in Exhibit E. Both C.H.C. and G.H.P. have a clinic in
Maplewood; (at 1774 Cope Avenue and 2165 White Bear Avenue, respectively).
Hospital services in St. Paul are provided to C.H.C. members at the St. Paul
Ramsey Medical Center. For G.H.P. members, hospital services are available at
Bethesda and Children's Hospitals. G.H.P. has more clinics outside of Maplewood
than C.H.C., but this is not a significant factor as the vast majority of
employees presently covered by G.H.P. live within a reasonable distance to a C.H.C.
cl -inic.
C..H.C. does not provide dental services like G.H.P. does at some of their clinics.
Thus, the employees which presently have dental coverage through G.H.P. would have
to transfer their coverage to the City's self - insurance dental plan which is
administered by Employee Benefit Plans, Incorporated. The coverages under both
plans are almost identical. Also, with the E.B.P. coverage, employees have the
option of going to a dentist of their choice. Under G.-H.P., employees can only
obtain services from their dentists which are located in downtown St. Paul. Also,
the City's self- insurance plan will be strengthened by the addition of employees
presently covered by G.H.P. as the potential for adverse selection will be
eliminated.
4-
Based upon the preceding, it is recommended that a four -year contract for H.M.O.
coverages be awarded to Coordinated Health Care as outlined in their bid (including
the provisions for rate changes and the cancellation rights contained in the
specifications and referenced on page two of this report).
MEDICAL INSURANCE
No bids were received. Consequently, several companies and agents were contacted
to determine their reasons for not bidding. The following are the responses
received:
Blue Cross /Blue Shield and Traveler's - will not bid when more than 50% of
the employees are covered by a H.M.O.
Wisconsin Employers, Connecticut General and St. Paul Fire - no longer insure
cities.
Guardian Insurance - will not insure police officers,
Hartford Insurance - no reason given to agent.
Currently 62% of our employees have H.M.O. coverage. Blue Cross /Blue Shield
believes that there often is a tendency for healthy employees to have H.M.O.
coverage which leaves the "bad risks" for the insurance company.
Our current carrier, Great West Life Assurance Company, has indicated that their
premiums will change as follows if our contract is renewed with them:
Current
Rate
Medical coverage:
Employee
Dependents
Total
Life insurance coverage:
59.25
100.29
159.54
57 per $1,000
New Rate
10 -1 -82
75.25
127.00
1202.25
57 per $1,000
Great West has indicated that the large premium increase is needed because there
is a deficit to make up for which was caused by excessive losses in the past.
The cumulative incurred loss ratio is currently 88% and should be 82% to break even.
The following alternatives for medical insurance coverage have been researched:
1. Coverage under the League of Minnesota Cities group plan for member
cities has been reviewed but is not a v a i l a b l e as more than 50% of our
employees have H.M.O. coverage.
2. The possibility of participating in the Ramsey County group plan has been
considered, but their current premium for family coverage under Blue Cross/
Blue Shield is $240.93 and will be increasing in January, 1983.
3. Joint insurance with the Maplewood -North St. Paul school district has
been discussed with their business manager who has indicated this would
be too complicated to implement.
4
5
4. A limited self - insurance plan with stop loss insurance after a $500
deductible may be practi However, a premium rate quotation is
not available at this time. If this option is determined to be viable,
more detailed information will be supplied for the September 13th Council
meetinq.
Based upon the precedi nq, it is recommended that renewal of the current contract
with Great Kest Life Assurance Company for medical and l i f e insurance be delayed
until September 13th pending further study of a limited self-insurance plan.
f
EXHIBIT A
City of Maplewood
Employee Group Insurance Rates
Monthly Premiums
Medical coverage:
Existing
Rate
New Rates
10 -1-81
Great West:
Employee 36. 53 X59.25
Dependents 61.53 100.29
Total 97.88 15934
Group Health Plan:
Employee 3.4.47 41.00
Dependents 65.82 78.50
Total 100.29 119.50
Dental coverage:
Employee Benefit Plan:
Employee 10.35 11.40
Dependents 21.85 24.00
Total 32.20 35.40
Group Health Plan:
Employee 10.00 10.50
Dependents 19.05 18.60
Total 29.05 29.10
Long -term disability coverage:
Rate per $100 of coverage (based on
employee's payrate)1.22 1.22
Life insurance coverage
Basic employee life:
Great West*
1st $5,000 2.85 2.85
2nd $5,000 2.85 2.85
Minnesota Mutual:
1st $5,000 2.05 1.50
2nd $5,000 2.05 1.50
Optional employee l i f e - maximum
30,000 - rate based on age. -
cost per $10,000 of coverage
Under age 30 2.40 2.40
30 - 34 2.40 2.40
35 - 39 2.90 2.90
40 - 44 3.40 3.40
45 - 49 4.40 4.40
50 - 54 6.90 6.90
55 - 59 9.90 9.90
60 - 64 14.90 14.90
Optional dependent life
2,500 coverage on spouse and children 1.58 73
Applies only to-those employees that have medical coverage with Great West.
r
EXHIBIT B
3 -5 -82
INSURANCE BENEFITS
Paid by City for Full -Time, Employees
1932
Employee
Benefit
Group
HHealth Insurance
Employee De endents
Dental
Insurance
L.T.D.
Insuran c e
Life
Insurance
Provided
1)A. F. S. C. M. E. Clerical -
Technical Unit Citty pays $100 per month 100/10
toward heal th and dental
insurance.
2)Metro Supervisory 100/50%lo oloop 10Associationplus
15
or) $85 towa em 10 eepY
health and family dental
insurance
3)A. F. S. C. M. E. Maintenance Unit City pays $100 per month 100/10
toward health and dental
insurance
4)Police Local 320 Unit City paysypy $105 per month toward L.T.D., health,and
5,000 of life insurance.Employees may utilize 10
of the 105 maximum toward dental insurance.
5)Sergeants 100%500 10 0100/105000
plus
10
6)All other empl 100%50%10 100/20,000
plus
15
EXHIBIT E
H.M.O. BENEFIT DIFFERENCES
BENEFIT DESCRIPTION GROUP HEALTH OORDINATED
A.. Hospital Inpatient Coverage:
PLANN HEALTH CARE
1 • Room and board
2. Nervous and mental illnessHess
365 days per confinement Un 'lmted
1.04% for 30 days Member copayments:
1st - 25th day -
15 /day
26th - 73rd .da -Y
25 /day
74th and over -
3. Alcohol and chemi cal dependency 80% for 73 days
No coverage
B. Hospital Outpatient Covera •eg.
Same as A2 above
I. Diagnostic X-ray ndY lab fee
charges outside of servi area
o80% of U.C.R.o100/ of scheduled
20 Exams and treatment within 100%
benefi t allowances
service area coverage 100% coverage but
member pays $10
emergency room charg(
3. ExamExams and treatment out side 8.0% of U.C.R.
waived if admitted )
oservicearea100% of scheduled
C Surgery and Medical Benefits
benefi t allowance's
1. Surgery during emergency -y non H.M.O.h 9 y b .
cephysioroutsideservi
80/ of U.C.R.o100/ of scheduledarea
2. Anaesthesiolog obstetricaltrical care 80% of U.C.R.
benefit allowances
and physicians fees outside service 100% of scheduled
area benefit allowances
D. Outpatient Services:
1. Nervous and Mental Care Covered for up to 20 Covered for up to 25visitspercalendaryear
with a $10
visits erp calendar
copayment per
visit.
year. Member copay -
ment per visit: is t.t
5th = None; 6th -15th=
15; 16th -15th- $25
25th & over = No
dependency2. Alcohol and chemical de p Y 100 / coverage
coverage.
Same as DI above.3. Allergy tests and treatment 100/ coverage l0 co a mentpy each
6 months for
E. Miscellaneous:injections.
1. Kidney dialysis and organ transplantp 90/ of U.C.R.100%2.. Nursing services in hhome 90% of U.C.R.
Covera eg
50 deductible for
special services,
then 100% coverage
MEMORANDUM
City Manager -FROM: Publi Works CoordinatorSUBJECT: Sal PoliceeofSurpl VehicleDATE •August 16 1982
At 1 a.m, on Thursd
one ayq August 12 sealed bids were1979Bu ck LeSabre , opened for the sale of
Nine bids were received ranging from a low of $501.00 to a high of $1401..51.Disposal to the highest bidder is recommended.
MEMORANDUM 4- 1
TO: City ManaManagerg
jC Lys 1,,T C.,
FROM: Thomas
SUBJECT: Nu tuber
Ekstrand - -A •ssocate PlannerofCurrent
En _o r rl
DATE: August
Home Occupations91982
2J C C 4 ..
Da
Re uest
CounCounci 1 person Juker requestedqted that Staff research the numberpateonpermsiswhicharestill of homeeffective.
Research Resul is
The following are thee results obtained after researchingearch ngspecialexceptionsforhome the fi 1 es onOccupations:
YEAR TOTAL PERMITS ISSUED PERMITS STILL CURRENT
1968 1
1969 1
1971 1
1
1972 2
1973 1
1
197 4 1
1
1976 2
19 77 3
1
197 8 3
2
197 9 4
3
1980 7
2
1981 7
6
1.98 2 7
3
TOTAL 40
27
LI
MEMORANDUM
TO City Manager
FROM: Associate Planner -- Johnson
SUBJECT: Code Amendment —Home OccupationDATE: p
June 11, 1982
Background
At the May 20th Council meeting, Counci 1 erson Juk 'P er directed Staff to evaluatewhethertoauthorizehomeoccupationsbylicensetotheapplicant,ti on er
pp cant, rather thanbyspecialexceptionpmit, which runs with the land,
Staff Proposal
1. Retain the present zoning code requirementrement for 'q a home occupation to beauthoriedbyaspecialexceptionpermit,
2. Annual monitoring and licensing Staff, for - •
permit
g y complianceance w th special exceptionpconditions, ons. All home occupation licenses would be subject to renewalinFebruary, u
3. Appeal to the City Council of licenses that Staffaf would revoke.
Analysis
The City Attorney's opinion is that the special 'he land use involved, should be retained as the
exception permit process, duetotecompatibilityquestionsi
vehicle for initial home occupation ap . (See ' on. )
cens
PP attached opinThereafter, permit renewal by len i s permissible,,b9P le.
A license is a .right that is difficultcult to deny, if conditions for approval aremet. The special exception permit on the other hand i s privilegea that maybedeniedonthebasoflanduseconsiderations, even though the eneralrequirementsforaroyalcanb
g 9PPeet. Thus, the specs al exception gives theCitymorecontrolthwouldlicensin
Staff renewal of home occupati following i ti a •1 Council approval, srecommendTherearegenerallynoproblemswithcomplianceiance 'P that require Councilattention. Staff renewals would also reduce Council's work load and eliminate1icam HateunnecessaryreportsandapplicantntappearancesbeforetheCouncil. where Staffwouldrevokeapermit, the applicant would have the right of appeal before theCouncil,
The most important element in assuring hat home o -
w g o will be compatibleehsurroundingg1anduses, i s the adoption and continuing enforcement fo soundoperationalrestrictiTheZoningCodeshouldbeamendedtoincludesuchrestrictions, based upon the present Planning Commis 'g sson s gudelines. (Seeattachment.)
The Council should also consider reinstating an application fee. The fee waspreviously $30.00. A few home occupations are presently being renewed by license.See reference information.) The charge for renewal is $25.00.
Recommendation
I. Adopt the enclosed zoning code amendment which:
A. Defines home occupation
B. Establishes-home occupation operational requirements
C. Retains the special exception as the vehicle for approval
H. . Adopt the enclosed code amendment which authorizes Staff to annuallyy
renew home occupations by license, including all previously approved requests.
III. Authorize Staff to reinstate ' a $30.00 fee for home occupation applications.
2 _
REFERENCE INFORMATION
Existing Code
Section 904.010 (4) and (5) of the R -1, Residence District iCodepermitsS n1e Dwelling)
4• Offices of rofes-sional. persons •P p s when located i n the dwelling of thatprofessionalpersonorpersons, and when authorized b the lawul govern i ng body,
5. Art Stud photograp studio or other •P artisti pursuits conducted n theresidenceoraccessorybuilding, but only upon the securing of a permit to bissuedbtheVillagelaeC
g p e
y g ouncil.
Past Actions
l .In 1973, a subcommittee of the Planning Commission developed a home occupationordinance. (See enclosed report.) This report was sent to the Citty Councilforcomment, without Planning Commission approval. Council sent the reporttotheStaffforstudyandpossible. ordi structure." No further actionwastaken.
2. August 21, 1978: The Planning Commission considered another home occupationordinancedraftedbyStaff. No further action was taken. (See enclosedreport.)
3. May 20, 1982: Councilperson Juker directed Staff to evaluate whether toauthorizehomeoccupationsbylicense, rather than special exception permit,P p p t.
City Clerk
Counci has authorized the licensing of busi nesses, i ncl udi n home occupations,resolution. I gbynthepast, a few home occupations have received license renewals.License renewal for all approved home occupations has not occurred at thee Council sdirection. (A list of past renewals iis attached.
Prnrarii,rne
Planning Commission: Recommendation
City Council: First reading and a public hearing (at least three votes)Second reading and adoption (at least four votes)
mb
Enclosures:
1. 1973 Planning Commission Subcommittee Report - Present GuidelinesP2ProposedOrdinanceAmendment - Zoning Code
3. Proposed Ordinance Amendment - Licensing Code
4. Attorney's Opinion
3 -
PLANNING COMMISSION SUBCOMMITTEE REPORTThePlanningCommissionconcurswiththeneedforana •occupation. It is also felt tha ppropr ate definitiontwhilecertainOccupations
of a homeP ons re ui re t ishoutsuchasthosqhe
f the
of a
special use permit, other activitiesdbeallowedwithouta
e that do not have apermst: RY of the following
1 • Employment of any person not residi i the dwell unit2 . Customers vis -the premi . .
3• .: -Manufacture Of products on the remi --P ses.
The P ] anni n g Commission proposes the following gu de l nes for a Home Occupation:Nome Occupation requiringrin •q g a permit i s defined ael1 ng unit involvingvin the sdw that occupatio con •9 manufacture and/or sal ducted n atothefollowing1imitat - a of a product or 'ns: serve ce, subject
Is conducted on a continuingn basis, that iyear, s for more than 30 days out of they
20 Not more than one person other than members of the familypremisesshallbeallowed r '1 owed to engage in y esi d n9 on the9suchoccupation ,3 • The use of the premises for the h .sub
P home occu a 'subordinate to is use f P t on shall be c1 earl i 'than an area resi dente al put oses b Y nc dental andeaequiva]ent to 20 P y -ts occupants, and notheconductofofthedwellingunitfl morethehomeoccupatioorareashallbeused in
4. There shall b -e no change z n the outside aorothervisibleevidence PPearance of the buildin •of the conduct of su 9 or premises,
two home occupation offlataaigsquarefeetinareas than
one sign, not exceeding
g nst the wall of the rin non ]luminated, and mountedPcipa1buy1d ng ,
5 • There shall be no -reta sales of productwithsuchhomeOccup produced off site i •P ion, n connection
b. No traffic sha be generated b swouldnormallybey uch home occupation inYexpectedinaresidential greater Volumes thanstreetparkingshallnoneighborhood, and ttexceedmorethanthree he need for off -the home occupa ti on a h ee off - street . parkingbt
t any given ti me in add • P k n9 spaces foryheresidentOccupants; ton to -the parking •i n no event shall P 9 spaces
parking
redsuchnumberofOff-strofthestreetVesuchspacesforther
eet pa rk1 ng
spaces exceed a tot o f fiv
other than i n a requiredr
pses and sha] ] be offqedfrontyard_
7. No equipment or Process shall be used inotse nvibrationon, glare f such home occupation whiumes, odors, or e ch createstothenormalsensestrycaliinterferencedetectableoffthelob, i f th occupation ifamilyresidence, or s co •outside the dwel1i conducted n a sLsinglefarmlren9unitifconducted9Ys Bence. In the case ucted n other than aDfelectra) nterfer - •e used whi creates vi su
ence
ment or process shall b ,- no equip.al or audible _ i •line vol to ce i vers off premises, l uctua ions
i n
any radio or television re thevoltagoffthepremises.P ses, or causes fluctua •ons n
8. No fire, safety., or health hazard exist for th
o
u customers or shall exie residents of the dwelliemployeeoyee . es
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 904 AMAPLEWO ND 916 OF THEODMUNICIPALCODERELATINGTOHOMEOCCUPATIONS
THE .CITY COUNCIL OF THE CITY OF MAPLEW o0D DOES HEREBY ORDAIN AS- - FOLLOWS
SECTION 1. Section 916.010 ( Definitions) •i s hereby amend _the following subsection: y ec# to include
21. Home Occupation. Any gainful occupationcupation engaged in by an occupantofadwellingunit, where the occupatiopn i s secondary to the m a i nuseofthepremisesasaresidence. Such occupation may bewithinadwellingunitoraccessorystructure
y conducted
SECTION 2. Section 904.010 is here amended as follows (language to becrossedout, language to be added is underlined):
47-- 8f#' 4Ees - a €- prefess4ena4- esees- -p whey 4eEated- 4n-- tbe- dwe4l4e -of -thatprefess }eeal - persen er pe and - whe g
e abthered -by- the- 4.awfaIgevereeg -bevy-
Art- stde;- pbetegrapb - stde -er- _ •ether artstE prsats- EeedEtedtbe .resdeEe e- aEEessery_ -- _ _ _ •the- seEr }eg-p t to be ssaed by- tbe }age EeE }-
4. a Home occupations shad 1 re ui re a s eci •
of al exceptionon ermi t forAnythe - l owi n activities which would occur more than
y
1. Emp of an erson not residingn on the premises
2. Customers visitin the r '9 p emi ses
3. Manufacture of Dro on the rp emises
4. A vehicle(s) used in the home occupation, and parked on thepremises, which exceeds aone -ton payload capacity
Home occupations which do not involve a •n of these activitiesmaybeermittedwithoutaermit.
b. Home -occu ations re iu rl n a ermi t shall be subject to, but notlimitedto, the fol l owi n re ui rement •s.
1 Not more than an members of the faoneerson, other than •mlresidingonthepremises, shall b allowed to 'cupation.en a e i such0
2. An area a ui val ent to no more than °20/ of each level of thedwEll:i7n fl oar area shal 1 be used i
occu a ti •n. the conduct of a home
30 There shat b e no h •
buildi or remises
1 n
P
DD n
that would indicate the condoomeoccupation, other thanone '
condu of a
OT the city sign code,
signn meets n the re u rements
4 • Limited reta i 1 sal es -of products rodued ocff =siteermitted, but only when subor ma be
anti vi d3 Hate to the ri nci altesofthehomeoccuation.
N No a ui ment or rocess shall •which be used 1 n such home. Occupationcreatesnoise, vibration, fare fume electrical interference fumes odors ordetectabletothenormalsensesInthecaseofelec offthelot.tri cal i nterference, no a ui menorprocessshallbeusedwhichcreatesferenceinanatesv sual or audible inter.radi o or television receivers •or causes f1 uctuati ons off the preminlinevoleofftheremises
7. fire, safety or health hazard shall ex
8. A home occupation shall •not includeode the re air of internalcombustionengines, b • . ...............................................................Ibodys, machine sho S. wel di n .manufacturn or other objectionab ammunition
ci t . Ma l e uses as determined b the.Y, chine
fabr
s are defined as licated, usi n m
aces where raw metal smachinesthatoperateonmorethanofcurrent. n 120 volts
9. Any violation of these requirements shall result in the denialorrevocationofthehomeoccupation,
10 The City ma waive any of these re uirements if the homeoccupationislocatedatleast350feetfromanadjoininresidentialuse.
11• .Approval shall be for a period not to exceed one year. RenewalshallbesubjecttotheProvisionsof
ng Section 826 of thelicensicode Cit
SECTION 3. Section 904.01 ' s hereby amended to7tos
0 i renumber •subsections 5 and 6, subsections 6 and
SECTION 4. This ordinance sh all take effect and be in forceitspassagegeandpublication, as provided from and afterPbylaw.
Passed by the Maplewood CityY Caunclthisdayof919820
Attest:
Clerk
5• No traffic shall be enerated b a home occupation in restervolumesthanwouldnormallybeexpectedinaresidentialneighborhood. The need for off - street parking shall notexceedmorethanthreeoffstreetparkingspacesforhomeoccupationatanygiventime, in addition to the parkingSpacesrequiredbytheresidentoccupants.
Mayo r
Ayes -
Nays -
El
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERATER 826 OF THE MAPLEWOOD MUNICIPALCODERELATINGTOLICENSINGHOMEOCCUPATIONS
SECTION I. The licensing od -
Chap e of the City of Maplewood is amendedp82.6, to add
826• HOME OCCUPATIONS =
826.010 ORIGINAL APPROVAL. OriginalOr, gi nal approval of a home ograntedbyspecialexceptionpermit, ccupa t on shall bePm, t, i n accordance with the r •904.010 (4a and (4b of the provisionss, onsofSection
e Zon, ng Code.
826.020 RENEWAL. 'A license shall be secured from •month of February,
m the C, ty Clerk, annually i nthe
r .
y, to continue operation of a homeoignalapproval ,s granted, including occupation, once
enactment of this ordinan
9 approval s granted prior to the
826.030 LICENSE REVOCATION.The City Clerk may revoke or rhomeocculicenserefuse to renew arethereisevidenceofnoncompliheconditionsonsoforiginalPancewithttheapproval.
826.040 APPEAL. The •owner or his assign of a home Occupation • •a renewal, may appeal
P n who ,s denied
C, t y PP al the C, ty C1 erk s decidecisionon toyCounc, l . To request an appeals the
PP 1 the owner of this home Occupationtawrittenletterofrequesttoupatonmustsubmit
q the Cit Clerk, , w th, n thirtyrtrevocationornonrenewal , ydaysofthelicense
SECTION 2. This ordinance shall take effect and be in force f •Passage and publication, as provided by law,
rom and after i
Passed by the Maplewood Ci t 'Y Councilthisdayof91982.
Mayor
Attest:
Clerk Ayes -
Nays -
I
LAIS, BANNiGAN & CIRESi, P. A.
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
5TH AND CEDAR
SAINT PAUL. MINNESOTA 35101
DONALD L. LAIS
JOHN F. BANNIGAN. JR.
JEROME D. CIRESI
PATRICK J. KELLY
June 9, 1982
Mr. Panda ll Johnson
Associate Planner
City of Maplewood
1902 East County Road B
Maplewood, M 55109
Dear Mr. Johnson:
This i s in reply to your letter of June 2, 1982 c one ern ing licensing
of home occupations,
AREA CODE 512
224 -5781
You first asked whether or not licensing home occupations would present
any legal problems that authorization by special exception permit would
not. It is ny o inicn that the City loses some control over the operation
of these businesses within homes or residential distracts by oin to the
1 icen sing system as opposed to granting special -permits,
Under the special permit we can impose specific controls of the spec if is
site and 1 uni am=tthea =t of titre that the use can proceed including the
hours of operation. We can also call in the permit and cancel it under
the existing ordinance if there are violations.
As I read the proposed ordin;res, there isn't any provision in here for
revoking the license in case of violations of the conditions and I
believe that it would be well to include a provision in the ordinance which
would allow the Council to impose additional conditions on any specific
licensee in the event of difficulties arising in the future. In other
words, we can probably take care of some of the legal problems cn control
by putting in a little additional language in the proposed ordinances.
2-
On the other hand, I believe that the licensing •t it's "admin asexpectittobeunderthislicensingAct, that is indiscriminately
1 would
request of a , imznatelyuponrperscnsmeetingtherequirements, then it would resentfewerlegalproblemsthanarepossibleunderthe
p
have
PQ e spal exception permittiaye , a set of standards and it would be no claim of arbitrarindl- scrimination as is possible when the Council den,i , .
ess or
denies 'a spec 1 exception permit,
r I believe that the requirements for a 1 icen se should b
er, I
be a of thelicensingcode, howev would suggest an amendment to your proposedordinance916.010 'I believe that it should read as follows:
4 . That any home occupation, meanin an of the following 'g Y w1.ng criteria shallrequirethe1icenseandbesubjecttotheadditionsofChapter826oftheCityCode.
Then, I would go doun cn the item' that ou have a b
would
Y , , c and d are okay,however, item e. w ld require licensing uhere any individual conducts hisorherbusinesswithinthehomeforporethanthirty •days a year. . 'Ih iswouldseemtobecounterproductiveandthatitthenwouldrequirethelicensintfromther
gofallthoseotherpeoplewetendtoex
b the equirerneit of thelicensingyothercriteria, I wonder whether or not it was intendediteme. come into play when items a b that
an thirty . ,
c or are involved for a period ofmorethdaysper. year. This does seem to be ambi us and shoulclars..f ied. Variances to the requirements
o • d be
ements would be possible if adopted as partofthelicensingcode, however, it would require an amendment to
code provided
the code,unless the licensing p vided within its conditions a neems of grantingavariance* Perhaps that' s what. I am alludingg to the f first part of myopinionconcerningadditionalconditionsthattheCouncilcilmightsnpose can aPartyoperatingundera1icense . It seems to me that some ro .
code for
v1sion should bemadeinthelicensinggsomeadjustmentstoparticularccnditionsorPeculiarsituations,
Sincerely,
S BAMI MZ- P.A.
i
ald L. Lai.s
i
E. Code Amendment - -Home Occupations
Secretary Olson said Council directed staff to evaluate , home occupationtiopn
permit procedures. He reviewed the proposed amendments to the code.
The Commission questioned if this would provide for automatic renewal
of home occupations.
Secretary Olson indicated they would be reviewed on a yearly basis
to make sure there is compliance. Staff would do the review.
Commissioner Ki shel moved the Pla:nninq Commission recommend that the
Ci ty__ Counci 1 adopt the zoning code amendment which
1. Defines-home occupation
2. Establishes home occupation operational requirements
3. Retains the special exception as the vehicle for approval
Also, adopt the code amendment which authorizes staff to annually renew
home occupations by license. Authorize staff to reinstate a $30.00 fee
for home occupation applications.
Commi ss i oner Fischer seconded Ayes - Commissioners Axda hl Barrett
Fischer, Hejny, Howard, Ki shel , Pel l i sh, Prew, Whitcomb
4 7 -19 -82
MEMORANDUM
TO: City Manager
FROG": Associate Planner--Johnson pct n h;- ur . - .SUBJECT: Plan Amendment and Time Extension AP
LOCATION 2696 Hazelwood Avenue Endorsedr
APPLICANT: Health Resources, 'Inc. 11 di ? crORNER: Health Resources, Inc. - Re , eDATE : August 11, 1982 _
c -.
Date
SUMMARY OF THE PROPOSAL
Reque
I. Approval of a plan amendment from SC 7.- Service Comm _ •
B u s i n e s s .Commercia to RB Residental
2. Approval of a time extensi for the Health Resource •Resources' special use perm
Proposal
1 Construct a - 100+ unit condominium or cooperativev r •p e es dence for senior citizens.tens .
2. The existing building would continue to be used •ed for the applicant'ss offices ,communitytS health. education, and outreach ro rams . This ftheseniors
P g facility would alsobeusedbyenorsfordining, ng, gymnasi conveni enCe shops and meeti nroomfacilitires. g
3. See the applicant's letter of request.
4. This site is one of the two best sites among four sites presently beingconsideredbytheHousingandRedevelopmentAuthorityforaseniors' residence.See Planning section.)
CONCLUSION
Analysis
The present service commercial designation for this sito would pe.rmi t overlyintensiveusesrelativetothesurroundinganduse
nati g sand should be changed.Designationon as residential business would permit the ap to cont
as seniors'
t nue to usetheex- school facility well as construct a seni ors residence of from 104 two -bedroom to 208 one- bedroom units on the remaining •9 s x acres. This density s con -si s tent with the applicant's request and would not be out of character wisurroundilanduses. No objections were received from property owners within358feetofthesite.
This site is desirable for a seniors' ' -niors residence because of the residential neighborhoodatmosphereandopportunitiesaffordedbthearkfori •
area youth. Bus
y p nteracto, among seniors andyservicewilleventuallybeconvenient, when extended thospitalsiteonBeamandH
o the futureHazelwoodAvenues. Because of these attributes thissiteisconsideredbytheHousingndRedevelopment 'two g opment Authority to be one of thetop • choices among four sites (Map Five resents -- -be -i- _ - -- - _ --- - - --residence.p y ng considered for a senors
Recommendation
I . Approval of the enclosed resolution amendingmending the Land. Us Plan from SC_Service Commercial to RB- Residential BusinessusHess for 26.96 Hazelwood Avenue.
I I .Approval of a three-year _year t me extension for the Special Use -' PermiCommuniservecEprogramsat2696since' there
to conduct.Hazelwood sincebeenanyproblemscausedb there have notythisfacilitduringthepasttwoearsoperation. y of
2-
J
BACKGROUND
Si Description
1. Size: 6.13 acres - seni ors residence =3.88 acres - existing bulding 9
21_ Existing Use:
a . Parcel one ma three): p Two ba 1 i .
ani zed s f el ds, leased by the C t f9softballandtee - This lease Y oror
providing
dSe permiis the use oftheballdiamond,P g said use does not conflict wiuseofthepropertybytheapplicant . th the
b• Parcel two m ap three): Ex1 sty n b •g u 1 d ng presently being used fofficesandcommunityserviceincluding
g, -
patient treatment for chime
theapplicant
programs, out -cal dependence, home health carecommunityhealtheducation, e, and
Surrounding Land Uses
North and East: Hazelwood Park
South: A single dwell i ng on a 4.4 acre parcel , planned for •density, residentialdentsal 1 owes
Test: Hazelwood Aven ue, West of Hazelwood Avenue sev 'larger lots. s era1 single dwellings on
Past Actions
8-7-80: Council approved a sspecial use permit for the applicantyserviceprograms, with the following
to operate thecommunity
owing conditions:
1 . The permit shal be o0g d for one year. It may be renewed •that the use had no adverse .y ewed i f Council determines
parking affect on the neighborhood. Thpgspacescanbediscussedatt
e concerns forthattime
20 Striping of the parkingpg 1 of for 52 spaces
3. The City sha have a continuedhued use of the bal 1 diamondnotconflictwiththeuseoftheapplicant. providing it does
4. The City shall si n a hoe d harmless agreement absolvinofg.
1 t es for Cianyinjury1 ab 9 Health Resources, Inc.Cit use of the facilit
5 The applicantecant shal 1 appear before the Counpp •
Park stal 1 s be on
Council1 i f an increase of the numberbeyond52spacesisneeded ' = of
renewal of their special use
with one year preceding thepermit
8 -6 - 81: a. Council renewed the special use permit for ht e Hea't Resources Centerforoneyearsincetherehadnotbeenanyroblems •facility after one year of
p caused by thisYoperation.
3 -
tv b. Council approved a 'parking lot expansion for •the facility. This expansionpans on
has been completed,
DEPARTMENT CONSIDERATIONS
Plannin 7
1. .Land Use =e P1 an Designation : SC-Service -v ce Commerci a1
2 - Policy Criteria from the Plan:
a. The Servi Commercial classification is oriented to falocalor -communi ty -wi de scale. Whi 1 c l ti es which areeaful1rangeof ,commercial .district, certain types of facilitie
uses spermittedinthisdi
high - intensi nature s
c l t es which may besuchasfast -food restaurant y °f a
s discount sales -1 ets , gas stations , and light i ndustri al uses sh outtospecificperformanceguidelines. , , out d be permitted subjiTheobfi
ect
ct s to p for a wide o establishi thvarietyofcommercialusesco '
di str
and development of the nei mpa ti bl e
With the character
located. ghborhoods in which the are
b• The Residential Business includes hiand
ess cl ass i fi cats on i 'officeCe uses , and should r 9h density residential
use that en hi
provide some transition between •
3
gene a high amount of traffi.
a commercialandresidentialuses, c, such as a Diversified Center
C. 21 -5: Housing withi community should be fMi9nthecommune •e of people n all housin lexble to permit a9areasregardlessofage, ethniccultural, or socioe r •conomi c backgrounds. racial ,
d. Page 18 -8: housi n
persons
g should be provided which mPsychologicalneedsofall eets the physical and
e • Page 18-9: Locatee multiple fami housin in .generally used for convention g, areas not i °r to thosealsingle - fami hous9
f. Page C - 37: 1 } An e1 d erly housing project shouldd str ct bu be located in a res i dentstwithgoodommaccesstoc
al
services, such as grocer
commercial facilities t1 eS and
clini 9 ry
cs
stores , drug stores, medicalandpass ve recreational areas,are more than one •
Then these servicesqasterorone -half milee from a s'access becomes a problem,site,acre
2} Access to
ro
which are not i n . •communi ty services ytothesiteshouldbe close proximitypvidedbyanadeadequatoprivatetransportationsystem
q public or
3) The housing facility —should be located so that 'emergency servic ( i.e . quick responseofemer •
medical , ambulanfire) can be provided, es ..
ce, Police, and
on -site. especial when these are not provpvided
4 } whenever Possi
should b , open spaces for gardens or recreatieprogrammedintoanelderlyhousingproject.
on
4 -
3. Zon i ng : F -farm rIs esidence
4• Density: 34 eoP pl a /net acre Would b •e the maximum permissiseniors' reside with 104 two-bedroom ] e density. Aedto208one -be •ed on the undevelooe Broom units
could be constructParcelone -ma d ports on of = •p three),this site
5••_ Plan Update:
a. Amendments to t he Land Use Plan a •March 15, 1982, re authorize from Marchsresultedtedinanetioss 3 1981, todensityacreagecit - of 61 ac o f hi •y wide. gh and medium
b. 39 acres of hi -higher density .land wneighborhood. were el imi nated in the Ha zelwood
60 HRA Housing Proposal:
a. A feasibili study is currently being condsitealternatives ' rnati ves for the development cted to recommend amoSeemapfour, elopment of a senior condominium n9 seven
o r coope ra t i ve
b. The applicant 's •s i to is i n a vi rtuaand 1 ti •location analysis e for first choice
e n conducted by Car Sol omon ,based on a siteHousgandRedevelopmentAuYsonandAssociatesfortheAuthorit
C. Final site selection
must be sub
is scheduled for September 13submittedbyAugust27p - Prel i mi na r s iY to plans
d • To ensure that -
ntheHRAshousing rapplicant'scant's plan amend
g p ogram can meet re ui red •
no tat amendm request. should on b
9 deadl nes, thlaterthanAugust23, be decided the City CouncilYCi
e. This site is well1 suited for seniors' .hous 1 ng beca
1 The ex scho •facilities ( gymnasium5couldresultinasign congregate dining, and m •cost savingss r meeting rooms)being considered. 9 el a ti ve to the •other sues
2) The vistas • ty to open spaceoproximity r •opportunity for interacts resident al neighborhood settinforseniors' on with youth,are attribu l
andhouseng. utes highly desirable
Public Works
1 • :Sewer and water linesines have adequate •capacity for a lar e -20 fount Ro
9 resI dente al structure.Y ad C and Hazelwood are •e deSgnated as minor arterialteral roadways,Parks and Recreationn
lo +Ai
Development of this
tee -balll site would result i n thePlayingngfeldscurrently
a loss of one, i f not both, leased of thetheappli
5 -
20 On August 9, the Parks a •and Recreation Commissionoftheplayfieldsbutmade discussed the po.tenti al 1 osnorecommendation. s
3. The applicant acknowledgesedges that the northerl field -a goal of planning seniors' y geld would be= lost. Howeverresidencesistoensureoortuer,interaction of . youth and the seniors. PP n ties for the
r
T
4,= The feasibility _ ..of the southerly s • . 11 bplansareconsidered, y i to w e evaluated when siteto
Citizen Comments
Staff ,surveyed the property .e s p y owners residing. wi thin 350 feet •a ns were received to the de
t of this si Noobj
pment of a seniors' residence. Tasketobeincludedinthis he landownertothesouth
agreement was reached and • Plan amendment request. No
alone the applica has asked tha the present request stand
mb
Enclosures:
I. Location Map
2 . Property Line Ma p3. Site Plan Map4. Land Use Plan Ma5.; Sites Considered for Seniors' Re '60 Appl i cant' s L etter of R
s deuce
Request7. Resolution
s --
BE
w
V j .
t -w
Lake
AVE.
IJ
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ROADC
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2
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W I) 3 Q t
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v D
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l
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t - lift,
CD
Q
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AVE.GERVAIS ' AVE.
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t', , G ANDVIEW AVE. .7IVIKINGJFDR.
SHERREN AVE
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RY AN h QRVE5
J _
A 60 N 28L --- ;PA %
a
4c a d: LCLF150
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t RADATZ
Map 1
LOCATION MAP
61
GERVAIS
N -
D LARK AVE.
J - -
OU TY 0 R
JUNCTION AVE
l
AVEPEJ COPE AVE
LARK AVE. LARK IVE. y -
i 1
2
LLAURIE I RD. _ L
25 AN H RST l AVE. 55 I
Z P .• cc W Q C
tr AVE. ?- BU RKE AvE
c o
ELDRIDG [ E — -i AVE C ham.
J 1
BELMON L kc]r > AVE. W 64 >
VE v SKILL MA N m AvE. _ HAR
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A
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2666 ;
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flap 2 PROPERTY LINE MAP 4
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33
Map 3 SITE-PLAN 4
N
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o
interchan n nc ipa arteriaTa g e
ma tatcollec
IV '
Ilec
RB
I
BW DC
rob
lot
0
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Os .
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ma
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mommumm interchan
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00
Hazelwood
Map 4 NEIGEBvR'.'Qu7 LAND IISE P
N
f
P
1-694 i wH T[ 8E AR LAOvaDfrarSa[ r GM T S .. _ - _ ---- - _ Ci
o.• • .i _
Sit `e _ Sil
aj , C) I
asr
ai a• - aa' 1 - `
ate ...
Ir/ •.
fus
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i fit=1_
Site .;
iT IUI
f
Map 5
v
Ev
a....~ Won
an
S e 4 rA_=7 dot ,
s •
t 1
t Site
x -ri•" .,' =, - fir=— 2 4 00 N. •
ghwa 36lrJ1tef
mil
aI mD&ym ST PAUL
0-00W4 Wae
IN ILKWWII
6 110
Ohl
PAUL
F-•• ••.• Ir` i-- '..1 _ r - --••, ..• . - ' ••, a •. .. w• ITS
Ir11 . ' i -.• .. N ' X
CITY OF
MAPLEWOO
SITES BEING CONSIDERED FOR A CONDOMINIUMFORSENIORCITIZENS (,initially)
SITES RECOMENDED FOR FURTHER CONSIDERATIONBYTHEHRAON7 -28 -82
SITE ` DEVELOPER -
3 Woodmark, Inc.4
Site
1!
n
c
i
ill R' _ t .r "_'It._.
rte:
a -; : •
Z.. C 1
a •• -•1 •' •• =LEI 1
1
Wa
Isr
Hea 1 th Resources, Inc./Ebenezer Socie -6 6or -Son
P.J. Gaughan
1 4
it
ro •, .'
Health
Resources, Inc.
s"" A Holding Corporation for Medical, Health & Hospital Services
12 July 19.82
Mr Randall Johnson
Associate Planner
City of Maplewood
1902 East County Road B
Maplewood, Minnesota -55109
Dear Mr Johnson
Health Resources, Inc. is interested in designinghousingprojectinconjunction
fining a senior
on with its Hazelwood Schoolsite. At the present time'therehens'it high density
p ive Plan wouldprohibgtyhousinginthatithasacommercialclassification.
Our intention would be to.blend high densitysupportiveofficesy residential.with su pp ices and shops. In our preliminary plan-y pningstageswefeelthatb
high r'
Y physically attaching the seniorgrisetoabuildingwhichhousesawideYvarietyofsupportiveprogramssuchasshops, food, recreational ser-vices, and educational programs in health and wellness, wecouldenhancethelifeofthoseinandaroundthero ' ect.
wouldWecertainlydonotfeelthis in any. way havee
J
anadverseaffectonthesurroundingommunityortheCompre-hensive Plan. Many of the services would be '
outside
available topeoplelivingdethehousingproject.
We therefore request a change in the ComprehensivefromSCtoR.B. p ive Plan
If you have any questions, please contact me
Sincerely
James B Swanson
Vice President
Senior Services Divi
os
Health Resource Center • 2696 Hazelwood Avenue • Maplewood, Minnesota 55109
612) 770.9133
RESOLUTION NO
COUNTY OF RAMSEY
CITY OF MAPLEWOOD "
RESOLUTION APPROVING A LAND USE PLAN AMENDMENT
WHEREAS, a proceedings for the amendment f •o the Maplewood ComprehensiveveMunicipalPlanentitled '.'Plan for Maplewood" has been initiated b Health
PlannedResources, Inc. for a change of
y
g ed Use from SC- Service Commercial to RB-Residential - Business, for the following generally described area:
Except Hazelwood Park, all that ro ert lyingPPyyg of the south 510 feet
in the Southwest quarter (SW 1/4) of the Southeast uarter (SE 1 4 of Se iq / } Sectionthree (3), Township 29, Range 22.
WHEREAS, the procedural history of the proposed amendment is as follows:
1. The City of Maplewood has a Comprehensive Muni Plan en i tl edPlanforM
t •
Maplewood" adopted pursuant to the provi of Minnesota
Statutes, Chapter 670, Laws 1965 (the Muni ci pal Planning Act Minnesota
Statutes Annotated 4 'Sections .62.351 to 462.. -364 thereof);
2. Minnesota Statutes, Section 462.355 Subdivision 2 and 3 thereof, provideforamendmentoftheComprehensiveMunicipalPlanorofansectionthereof •y ,
3. An amendment of the Comprehensive Municipal Plan hass been proposed by Health
Resources, Inc. and referred to the Maplewood Planning Commission whichheldapubliche 'p hearing on the 16th day of August, 1982 pursuant to Minnesota
Statutes, 462.355, Subdi"vi sion 2 thereof, notice by mail and ubl i on
having
ati
been i Pggve_n, heard all who wished to be heard, cons all writtenandstaffreportsandanalysis.
WHEREAS, the Maplewood City Planning Commission, having considered the
testimony of those present, all written submissions to it and staff reports,P 'approved the amendment on the following findings of fact
1. The present designation of SC- Service Commercial is overl y intensive
and out -of- character with adjacent planned uses.
2. The resultant density would not be inconsistent i 'w th the surrounding land
uses.
3. The site is well suited for a seniors' residence.
4. Six of 39 acres of higher density residential land would regained which
had been lost in this- neighborhood during the Plan Update P rocess .
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Ct l herebycertifiestheabove- descri bed amendment to its Comprehensive t4unicipal Plan
entitled "Plan for Maplewood.". =-
Adopted this day of 19
e - 1u,) v
ATTEST:
Manager
Clerk
a
r
7 MEMORANDUM
TO: City Manager
FROM: Associate Pl anner -- Randall Johnson
SUBJECT: Special Exception Permit--Day Care
LOCATION: 1735 Kennard
APPLICANT /OWNER Presentation of the Blessed 11ary ChurchDATE: August 11, 1982
0 d.
Da
SUMMARY OF THE PROPOSAL
A special exception permit to operate a Childhood Center for day car
Proposal
1. Twenty preschool children, ages 2% to 5, and twenty school- e chi l dryg en,ages 6 through 12, would be provided for*.
2. The hours of operation would be Monday through Friday, between 6:30 a .mand6:00 p.m.
3. The program would be in addition to the grade school K throu h 8 whichg } hhasapresentenrollmentof415students.
4. The facility would be located in a 3000 square footoot area on the groundflooroftheschoolbuilding,
CONCLUSION
Analysi s
The request is consistent with the requirements of the Zoning ode. All Life
Safety ode deficienciesenci
g
y es should be corrected before the program is initiated,
Recommendation
Approval of a special exception permit for one ear to operate a ChildhoodyPCenterfordaycareatthePresentationoftheBlessedMaryChurch, 1735
Kennard Street, subject to:.
1. Correction of all Life Safety and Building Code deficiencies, p rior to
program start -up.
2. If no nuisance conditions exist at the end of one year, the ermit may be
renewed by the City Council.
P y
Approval is recommended on the basis that:
1. The request is consistent with the intent of the Land Use 0 and Zoning Code.
2. The change would not substantially detract from the usey of adjacent properties.
3. The proposal is in the best interests and convenience of the community.y
BACKGROUND
Site Description
Size: 9.4 acres
Existi Land Use: Church
z
and grade school =
Surrounding Land Uses
North: Single dwelling
East: Kennard Street.Across Kennard Street sin •single dwellings
South: Larpenteur Avenue.Across Larpenteur Avenue townhomes
West: Prosperity Road •Y Across Prosperi P ark
Past Actions
Council has recently a ved s' ' 1 ar requests for HLutheranpproimiol Rede emer Church andChurchofPeace. Y
DEPARTMENT CONSIDERATIONS
Plannin
1. Land Use Plan De •s 1 gnatsion: Church and School
2. Zoning: R_1 Residence9 District (Single Dwel ling)
3. Compliance with Land Use Laws:
a. Section 904.010(3) of City Code states that "churches, public orandprivates
Y o
P schools (or other schools b s parochial,,
be Y special permit from the lawfulgoverningbody }" may located i n R -1, Residential Distri cts.
b. Section 915.030 of Ci ty • Code states that when the o •an exception to the Zoning Code i t 9 vern ng body considers
s shall , among other things:
1) Assure itself that thee proposed change i s consistentstent with the 'purpose and intent of the zoning ordinance;s p ri t,
2) Determine that the proposed change w i l l not substantially change,injure or detract from the use of neighboring property or from ththeneighborhoodandthatthe
echaracterof
to the area included in the
use of the property adjacenteproposedchangeorplanisadequatelsafeguarded;
3) Determine that the-proposedvillage
P oposed change w i l l serve the best inlage, the convenience of the terests of the
public welfare. community (where apt i cabl e } , and the
2-
0
4.
1. No less than two remote exits2. Emergency lighting z
30 Exit signs and illumination4. Ceil -wall and floor finish to be Class A or BS,Smoke detection (single station)6 -Protective receptacle covers on all •el ectrl cal outlets7. Portable fire extinguisher by kitchen area8. No enclosed usable space under •P stai i n an exit enclosure, west stairtair tower
Other Agencies
1. Department of Public Welfare
a. Operational requirements for nursery school licensing (children from22to5years ) ;
1) At least 35 square feet per child. (This facility contains 3000 square,feet or room for 85 children.)
2) A staff to child ratio of no greater than 1:10.
3) Approval by the local Fire Marshal.
2. Department of Education
Public Safety /Building Official
The following items shall be corrected before the program is initiated:
There are no licensing requirements •q for a private k ndergarten .
jw
Enclosures:
I. Location Map
2. Property Line Map
3. Applicant's Letter of Request
3.
in 6f a% I
OhImon
Lake u 0 >
or
0 w
KOHLMAN AVE. w XOHLMAN AVE.
cr
z
cr.
a.
EDGEHILL RD.
z 65
V) -
R
ONT A
OK O AVE. A E. 2
cr
w . w 11 th AVE.49 0
AV Li
de
XTTA. . LN I A V
AV E. E7_1 F----]Il QSRVAIS AV
G
36 [VIKING CASTLE
fE_ .......
SHERREN AVE
R EN AVE.--*.COPE AVE.
COPE AVE. ,
E:L:A:R:K:_AVE. LARK [AVE.25 z
0 NTY ' f- 0
Cl d 'g LAURIE
z cc LLAURIE] Ro.
0 4c — —
O W acw [ L E :L:A;D 2 x 49 zE;;=] 'ql
Z
Q f- z A ° :'
EiEj @ zJUN64 r5 •t > L
U RKE SU K E AYE,
ELD RIDG AVE.
M APLEt,4 7w8m
W PUBLIC WORKSELMONTcr
pq 64 > fILDG.
S
VE. =
1
AVE. WAD . 10I .-
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0 RYAN
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Lw 28.FROST u AVE two)
L I
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27 F N IT.. 0 N AVE.
d:
WSUOWW, R A62
0 or FRISSIE AVE.
449
1 --IL
31:FKIPLE]Yl AVE L
wokefig
Lake $0 PH JA ftv E
X:Lo,SOP
phalen z
49
K PRI
62
IL A OP ULNTE
rinnlo64
28
j
29
vs [KINGS T ^ AVE
PRICE X AVE J
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LO CATI QN MAP'
L -ROAD S. 01 c
S
GERVAIS
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PROPERTY' LINE MAP
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N
CHURCH OF THE PRESENTATION OF THE BLESSED VIRGIN MARY
I?, Kennard Screef - N.::, ., -i, .:nn.._.d _Sov
July 21, 1982
z
w
City of Maplewood
Planning Department --
1902 E. County Road B
Maplewood, MN 55109
Gentlemen:
The Church of the Presentation of the Blessed Virgin Mar
is applying for a - Special Use Exception that will permit
us to provide and operate a Childhood Center in space
that. is available in our grade school facility.
The Childhood Center Would initially be licensed for 20
preschool children aged 2 1/2 through 5 years and for
20 school age children aged 6 through 12. It Would be
open Monday through Friday between the hours of 6:30
a.m. and 6:00 p.m.
Presentation Parish has a membership of 1700 families,
many of Whom are either single parent families or
families in Which both spouses Work. In addition, We
operate a grade school, K through 8, With an enrollment
of approximately 415 students.
We feel there is a need among our parishioners, as Well
as non — parishioner families in the area, for a quality
Childhood Center to pperate Within an educational struc—
ture at a reasonable cost. Many families Would Welcome
the peace —of —mind feeling of having their young school
age children in a supervised learning environment be—
tween the time When school lets out in the afternoon
and the parents return home from Work.
Our Childhood Center Will be located in the g round
floor of the Wing of our school building that runs
parallel to Larpenteur Avenue. The area consists of
continued
City of Maplewood Pla 'nning Dept. - 2
three rooms totaling approximately zPPately3, 000 square feet.The three rooms are a self— contained unit that isfromtherestofthera - +
excellent. 9 de school. We feel it is a-nentfacilityforaChildhoodC --enter.
Thank you f cons ' •
l
or Y our lderation that hopefull Willeadtoafavorableresponsetoour
Y
application.
Sincerely,
Ed Fef er
Parish Administrator
EF /rk
i MEMORANDUM
TO:
FROM:
SUBJECT:
LOCATION:
PROJECT:
DATE:
City Manager _
Director of Community Development
Review of Plan Approval Conditions
3000 White Bear Avenue
Plaza 3000 Shopping Center
August 16, 1982
A L.Qit y C0 k.i .
E
r
Request
Councilman Bastian, on December 19, 1981, requested that Staff contact the
Plaza 3000 management to:
1. See that the del api tated roof top equipment screening above Jerry's Foods
be repaired;
2. See about getting an "entrance" sign placed above the rear entrance to the
building so the residents of Concordi Arms would be aware that this door is
there for public access;
3. Request a sidewalk from Lydia Avenue to the Plaza 3000 parking l for
Concordia Arms residents to cross the boulevard safely and easily in the
er,n .wi t
y
CONCLUSION
Analysis
There are five problems to be corrected at the Plaza 3000:
1. Screening the roof top equipment
2. Screening the dumpsters
3. Construction of a sidewalk along Lydia Avenue
4. Regular clean up of Jerry's Foods trash compactor.
5 Removal of the curbing at the Larkin Dance Studio.
Staff has been trying to get the first four problems corrected for some time.
The fifth problem is more recent. The result has been a letter from the Plaza's
attorney stati that, "any. unfulfilled requirements the City had in 1974 have
been waived". (See enclosed letter.)
The manager of Concordia Arms informed staff that a sign over the rear entrance
to the Plaza is not needed.
3
Recommendation
Any of the following items that are not completed by December 1 1982. shall bey .
referred to the City prosecutor for legal action:
1. Roof mounted equipment protruding above the ara et wall shat 1 be screened
from view with a wood screen.
P P
2:. All .exterior dumpsters shall be screened from view with a ma -teri al that is
compatible with the main buildi
3 Construction of a five foot wide concrete sidewalk along dogLy z a Avenue., from
Ariel Street to White Bear Avenue, including the two foot berms shown on
the approved plan.
4. Keep the area around Jerry's Foods compactor clean.
5. Removal of the curbing in front of the east door to Larkin Dance Theatre and
rechannel i ng of the water from the roof drain away from the door.
P
BACKGROUND
Past Actions
8 -2 -73: Council rezoned the site from F, Farm Residence to SC, Shopping Center,
9 -5 -74: Council approved the Maplewood Plaza site plan as i t :^el ates to the
buildings only, subject to the parking, traffic and 1 andscapi r' being referred
to the Community Design Review Board and the Pl Commi ss for further
study. -
rl 0- 17 -74: Council approved the general site and buildindin9g pl an, based on the
Planningng Commission review, sub to the fol 1 owi ng 'conditions:
1 Pedestrian and bicycl traffic on Lydia from developments south and easterlyerlyofsubjectpropertycouldbeextensive. Public sidewalk and an accesswaytotheshoppingcenterfromtheintersectionofLydiaandArielshouldbe
provided. Sidewalks on Lydia between White Bear and Ariel and also on the
westerly side of Ariel between Lydia and Woodlynn be improved and the
developer would agree in writing to said improvements.
2. Eight foot wid planter be provided' along front of building and along the
adjacent parking area thereof and eliminate angle parking.
3. That portion of the overall site northerly of Wood1 nn an additional accessy
drive to Ariel should be prov approximately 150 feet northerly of
Woodlynn.
4. It is suggested that the island extended westerly of the grocery pickup
station be widened to provide for tree well,
12- 19 -74: Council approved a dotai l ed plan, based on the Community Design
Review Board recommendation, subject to several conditions. (See enclosed
minutes of 12-19-74,)
Compliance with 1974 Conditions
1. Condition one of the 10 -17 -74 approval requires a sidewalk on Lydia Avenue,
between Whi Bear Avenue and Ariel Street. Condition B. 1. of the 12 -19 -74
approval approved a berm and sidewalk No sidewalk or bermin 9 YonLydiaa
Avenue has been done.
2. Condition A. 3. of the 12 - 19 - 74 approval requires that "roof mounted equipment
protruding above parapet wall shal be screened from view vi th wood screen."
This screening was installed, but has partially fallen down.
3. Condition B. 5. of the 12 -19 -74 approval requires "an enclosure constructed
of materials compatible with the main structure and screened from view."
There are fifteen unscreened dumpsters behind the southern b u i l d i n g and
five behind the northern building. (See enclosed site plan) .
3
Recent Problems
14P The Building Official has noted that the rear emergency exit to the Larkin
Dance Studio on the east side of the southerly b u i l d i n g , is obstructed by an
asphalt curb built around the door. The purpose of this curb is to keep
parking lot run -off from collecting in front of the door. This curbing must
be removed, since it can cause tripping, especially in an emergency evacuation
from the studio.
J41
27. Another problem at the Plaza 3000. is the decaying remnants 6f food waste
which squeeze out from the Jerry's Foods trash compactor. This i s an on-
going problem that is a visual and smelly problem. The only solution is a
regular and frequent clean up.
ic
Enclosures:
I. Location Map
2. Site Plan
3. Council Minutes 12-19-74
4. Letter from. John Waters
MI A. MG 1 Cpt Sol.
3) BRENWOOD CURV
4) E. BRENNER A%
E BE A is) N CHIPPEWA C1RLAKE (6) N. BA U68L7) N. MARY CT.
r.:.. ,. _ ,
C I LkOUNTYROADT` p` "". I - ...
t
T30NR22M' , WOODL A (4) (4)
3 -
t3
U )
1 F URNE SS } t2 }
S) !6} 7
3 CT
4 LYDIALY
T29NR221M C
AV E .
RID }, >
ate,, wi
STAND o
4i L !
11 t2 t3}
Y 1L
r BE AM AVE
r FmAPLEV VA.
RA AT -
9.0 (
L) MAptE LANE
68 (2 .) CHI PPE wA C I ioA (3.) CHIPPEWA AVE.
o W NORTH ST. PAUL
W
N
W KOHIMAN AVE.
c Q 23 2.640 N
EDGEHILL NO.
s
DEMONT AVC. _
ROOK AVE • _
3
W A , Itth AVE.
a
de ;
SE INT AV t
ar
U VA1 + AV 2400 No
TV I Ew AVE.
1Nt; i DR- ASTLE AV '
i AVE
5 a EN AvE•
VE OPE AVE. .
LOCATION MAP Q
N
r
Lydia Ave.
t
UNSCREENED TRASH DUMPSTERS
EXISTING SIDEWALKS
SITE FLAN °4
N
y
c. Y3plewood Plaza - ='hite Bear Avenue and Woodl ,pn ` 'lUe
I, Manager: llLr Psented the s :afi - -report and .sL eco ins.
M 2. Chair ;nan Spencer Arndt presented the foil r • t Designowing c:n.nuni y Jes. ReviewBoardrecommendaticns :
Board Member Howard :roved that the Baird " reco rnend to the- City Council that Lhepreposal . fog Naplewood Plaza - Whitc Bear A %venue and Wood1 n b e approved asitisfoundtobeinconformancewiththeCoy ;; -unit Design Review Board Ordznancsubjecttothefollowingconditions: r
I. 'Southerly Site
L" shaped builningA
1 South and east * exterior building elevations bett ' -een Jerry s endMinnesotafabricsshallbewi.thiield fror. approvaY. Plans sh "all berestudiedbNapplicantwithtbeintent *of relieving the mono tonofthelongelevationandresuomitteoforBoardacval •PP r
9 - ??I19 7
4
t ^
l
X
2 . Stuccru ' f ascli a un nll. skies of t hu bu it d - In "11 *Shnl ] Lave •cr _ 1 cl
scor.inj cyl; a] 1 c on:,ist en n. Od lle in a S'MOL2 ,M 0 b-0j.hIsing
Ie.;i.;... -
1 _
3. Roof mounted equipment pr_otrudin" abo>>e parapet grill' shall be
screened f role viet• with wool screen,
C aloz.;. iuil -r i.n1; r:tcr3.a.ls;. des3. ,n %az3 ie]_at;ad arcitc•rcttlrai •
e3.elr:cnts as shown on submitt:ed Plans or as modif b; cro, di.rions shall
a - not he ch.-:nocd •in anv manner - without revievi and aP roval Iro - tire City'. .7d -
Council Any cilasZCI e Mz_lde contrary to the above 1.; 30 result in revocation
of the buildi.r,U;'site plan n::ld /or occuI)MICY permits
5. Lntr: nee and z: inflow f ra -mes shall. be bronze tone alum. - inum
Itc
1•. revii ed bcm and side-0, .i: i ur: is alp •o1cd as presented at t1;e
November 26, 1974 3Ioard 2rce:ti_nv in lieu of perimeter sidewalk •1a n snm-ni1
or, Sheet I,?_ o{ 3, dzi ted 11-1.t--74, .of thn plans subiliitt - ed .
a_ •' .•. - •- - , •• - • • -• '• - • /7 . .- l.. • i \ • ` ?,a J. • - C • V. - -'t c" .•L • 111 - •. • -- - j. r• -• - • .• -- -• • •.• • .ham. •- ••.
li cn t r•:.ce - c-i : ? , r. • .3•• L 3 f c_et: x d e at pro rUr t ]_ i n
s .. ov d •na: - scU:i_r ed.. - •t'1.o : ' • ccii €li on + • ' : •.: .
a. ..all Ii ht mou::t e r-:; south and cast elevation shc:l.1 not c jilse
glare beyond 3,i: oiler ty • line,
b. Lig;nts to be- exLinnUi sired after bu iness hours eaccpt for securi t_:
lighting,
C. The City retain the r. ij;lit= to re c and modify, sulhscc,vcn
to co '.t ion of the bC) I any e__ ?:t'er i _or lighting v hi.cii causes
any undue rjar. e an /or ref l.ec t i on
5. All trash ball be stored inside u prohibited by- Code Cyr Fi.rc}
Mar i.:i which case trash sba]_1 be stored-in an cnclosur•e construct
of materials compatil)le with tine main structure and screened from vicu).
C. 5.,ns
1. Sign for Mli s -ne ;ota Fnbvics siia Z 1 be j13 *Aced on 'test: elevation masonry
wall (nut on f as%cia) as 5i,ouva on SI)c:ct: Ii dated 3.0 15 -74, of i;] zsns
submi_tted,• Colcr simll be alp proved by str'li .
2. Jerry s signs Clre approved as on north and vies - 9 elcyaticns
Sheets j -b .'n 5,• clated 10 -2` `4, - of •.th labs SlIb it t_ed._ .
3. Ten-.nn si_ / ns arc approved }per sign cr ;_t_e i a sub ; - jiit ted and aonu-?id ed
as fol_?o: -:s:
i0 - 12I?9
a. Section B, paragraph /j, add non -lumi nvus plastic background panels
b. .,Sc:ctj'on C, para €;raph . G, is deleted. .. -
4. 25 fo ii g1: free standing project sign is approved as shot•.Tn on Sheet
dated 10-25-74, and site Plan i.2 of 3 dated 11-1-2-74, of Plans
submitted. _ - •,
A_.
fir
or
OW
50 foot by 90 foot Firestone Building -
1, Color, bild1_n; materials, design and rc3_at c3 rc'.ij.tcctur::1 cicrcts
r - as r- l -o\:Tn on siib- mittcd plans or as modified by conditions sliall not be- •
char.ped in any *:anne - x it3 ut 1'eici• .:end appro«1 by the City Coiinci3_.
fin- , chan-pe - s- m, -ide cdn Lrary• to • the' ahov meRy ;TCSDIt- 'iii rcvocatiolf of• the
buildir.r, /site elan and /or occimancy
2. Roof mounted equipment pr. oti-1iding above parapet tall. shall be screene •
froiF vie,ti z,Tit1j wood screen.
1 ' .. .•. .•- L• -- SQL e f 3sc a .cz,._ nt f% V.on .S 1,11 1z,E' ' ze).i= a scor;.no on • a . • _ •.
co s LS t i - t moc3 -e in proport ) can' to
is • _
R
1 . ..7 • • • •5 irct ljy 25 fccit.' re-ta -I b:1i.3._ng. - -
J ' ]. '
SCU L'l C] _'1't ! !:D Ise" tl.telc' • )- ,.;) •-p-p ova 1 Sl.i ]. Ue - •1 1
1
s restiidi.(.d xgit?j 0 _3tent c) f r(lie:1 n11 the rionsotony of the
el .end tL ed for I -) oar a 1)p .-o =a
r - n
L •:all siiz]_l be scr ee:nedt - 2. Roof. mount l d e9miJ ,m._j: protrijdin, 1ovc' a 3 e
f r. om vie tq - with wood sci een .
3. Color, huildin ; mLaterials, dcsi n and related arch" tectlz) _]. •elc:•ts
as shown on sihini pla r as modified by coic t i r.;s S11201 not • e
ch2nged in any ra»nc f •yit ho.t reva ei and app1 . 1. by the City Cocnc i .
Any clianges zade contrary to the Bove may result in 1 -evor 10 of t:ht
r _Imildinn /sit e ' Plan a /or occupancy permi :-s •
building tester 1 not submitted shall. be arcIiitect 's1r
C. 70 foot. by 130 foot bui
j t ar>>cr h:ii.ldinbs oil icrthel . y site and will be sub-
ally co 11.,•_-t ible h
mi tted - :oi - Board ap,rovzl.
3 ' D. Site
t' a
1.3:evised - berm and Bidet: all lz n is app'o »ed as preSCr,tcd at. the
No Ve;.Iv,r ?.6 1 74 3o?)-d eet:in in lice of Peri. tcr :: o• t;cl_l: Plan s ;c.::z
c n sheet 1. dat 10- 25 -ii,, or the plc: sb ttcd.
n , o t j _
11 -2, All. ::idc_7a1. =:s s)ia be r f ect ,i. e.. .•.
3k
py
3.1.].]. entr ancc! dr iTcs shall be a rife] :: :un of 32 feet wide .tom j;i-c t
3. -
E
19
z
1 .
4. I,ip,htii; plan }.-11 be ::tt..t :tc•z fvr I_,oard a))n•ovYal. The Cit
the do r CViC'::' ; 2;tJLI] j'y, SuI)SOU(Illoot to
the bui] dine, any cxtcryor ].. }ti.n, tAlich causes an } undue glare .end /or
r_ cflectio2z•
5. 1111 trash shall i)e stored inside - unless prohibited b)7 Code or
Fire Mmrs,1a1 ill which case tras shall be t:oi in an c closure construct `
yofmateial - . -C]?3't'_: kilt }1 tlle•.•i1Fi12 . 5.1:1"t':C.III "(_ - r. -
6 I'm i Le' .auc}.Jc. a .lt'it -.c bc.317 A cnt }c, 'and tae'ste, 1j" end' - •
Vcoci3.yn sha11 be j.nstelled at the : .IIIX'_ t'i me as 3. nd SC: '? in ad jacen t to
Fi1-cstone and Retail_ build ina ,.
7. Landscaping simil to hnt aloVzg hri.cl., vii S }tent T,3_ of 3 dateds _.
11 - -74 of -th p_ 31iS sub:i'Lted , Sh be provi_deil on the nortpropertyPsty1 ' e }li1ci - the r•etaY end T'il e;to)ie b . = -- - •: .
E. Si.Zns. -
1. Sigr'IS on L'hcp north and sou 11 e] cva io =ns of Lhe 50' by 90'.
r
0 -2Fi3 :_estart. ..C ...Fly; ' : : hall : be- •pj)rc v'cd -as _:Il :i oil- . 3•a teal 5 =74. _N •• tom.. ter••.,• :.• `• r• • -: • L • . :`• . •
a • • ..c.11s i, u l.'t.. LC6 • .'• • •. .. '•.• • • • t .• ,. ,,; -..• '•• -• :. •
a =.ti• Imo . •lJ! . r t - :•0 .• `i .. _ .
i • • • - . . - . f
2•. The f4 high f r- ce t Firestone :;i ;Ii s11C ?; -m on S}.cct 15 .3tzd -
sit c 1-1 S11CC't 1 ;. - da%aJ This ssn.) c, - ? _t cap %1 :(.3V£'_ti . i on noJ. ,r, • .c
Cb LSt :C ::t.- 't•)J :t:12•: S1'`i17.1?•n• Yi -O .SC'.G •It Z . ' - sue- `• , • 'I Pn a ,;_ r6 : -c.d . c'r..,•- te:.•z.c - ji cd c_r -off - th _ • .
pro j ec t ,in be th- s 1) d me thod of i1lu.-ain3 t -I can - . -
3. The free standil.g ., Ii pylon for the 7.1 b T 255' retail bu ildin^
sho::?n on the site pl_3.i sheet ) dated 10 25- -74, of the plans submitted',
is not approved,
4. Tenant sll;ns for the 75' by 255' retail buildin
4v are approved per
the sign cr i t" aria sub i t tcd zu :1d alrend eel as f oll—mus :
At Section L', paraglapb 4, add non-luminous plastic background
b. Section C paragraph G,' is deleted.
C. Section D, paragraplf h, i not aj)proved -
TI I. General Conditions '
A Te,:porary signs acre appro :red as !;howl on sh 14 , dated 10 - 25 -
of the plans stibmi_tted. The f irestcne serviee cnt:eT• si_on is trot a P, )rovet3.
L: 7f pr.apeI-ty i.s deve.3.6ped before cc- :; }ic.ti r_t1 of t: ^;• i_11s e c{= t.nr •sc•t-t't
scbvagc' ::.t :`ori; cz >>ar_i -th rmi at:' -bc - r.'o • dt • -
1 '
c - .p v3 -L-d . c?n .alt :e. f.c:r ptir,p1<n__.ei f luc utsLa_ - S(Y sr on - OI_. -- le.-I: hours -
C. The ippl.icc :nt : ii:0_1 ngrce to the Cs :oe cnafri.tj
w 12 1q j iS
Bob C representing Inland Construction and Mr. Willis A. Richards, _ 3. Mx. P
f they ro osal.architect, Dou&las Moe Associates, spoke on behalf o , p
C j,Iie art moved to ap rove buildincr plans f Mg - '
uni t D es i n
Plaza, White Bear Avenue and Nood?vn avenue -sub ec to the Comm
Review Board recommendations as amiended
d D -2 -• Sidewalks on j•:hite .ear Avenue to be 6 feet, wide; all -
i_B-2 an
s feet -vi d conditions -D•-6 and request the- aev- elopersother
building - and the
to return to the southern elevation of the southern
southern elevation of the northern building.
G
Seconded by Councilman Anderson. Ayes.- all,
A
Bob C representing Inland Construction and Mr. Willis A. Richards, _ 3. Mx. P
f they ro osal.architect, Dou&las Moe Associates, spoke on behalf o , p
C j,Iie art moved to ap rove buildincr plans f Mg - '
uni t D es i n
Plaza, White Bear Avenue and Nood?vn avenue -sub ec to the Comm
Review Board recommendations as amiended
d D -2 -• Sidewalks on j•:hite .ear Avenue to be 6 feet, wide; all -
i_B-2 an
s feet -vi d conditions -D•-6 and request the- aev- elopersother
building - and the
to return to the southern elevation of the southern
southern elevation of the northern building.
G
Seconded by Councilman Anderson. Ayes.- all,
A
5
JOHN J. WATERS
ATTORNEY AT LAW
8120 PENN AVENUE SOUTH
MINNEAPOLIS.. MINNESOTA 55431
612) 884 -:5231
July 8, 1982.
JW
rY
City of Maplewood
1902 East County Road B
Maplewood, MN. 55109
Attention: Thomas Ekstrand,
Associate Planner.
Re: Plaza 3
Dear Sir:
Jean Murdock of Major Financial Corporation has re-referred our letter ofy June 30 , 1982 , to me for reply. Firstofall, my client is concerned b the referencetoaCityCouny in your letter
y t Meeting that was held on Decembe 19 1982.If you intended this to be December 19 1981 we
Hearing
were not ad-wised of any g that was held on that date. If there wassuchameetingperhapsyoucouldfurnishmewithNoticeacopyoftheandtheMinutesoftheMeeting.
Also, we have reviewed the Minutes of what appears tobeaCityCouncilMeetingofDecember191974Weareencoun -tering some difficulty in obtaining he Plans refer •g red to intheMinutesastheCorporationthatbuiltthero•ect is nolongerviable. If you have p
y ve a copy of any of the Plans we wouldappreciategettingonesothatwecanlookatthemaswell. Itwouldseem, however, at the outset that an unfulfilledyflfilled re-quirements the City had in 1974 have been waived
My client informs me that the roof - mounted equipmenthasbeenscreened.
I shall wait to hear from you on the other item
J JW : mrm
CC: Jean Murdock
Sincerely,
4
John Water
JUL 9 1982
4
MEMORANDUM
TO: City Manager
FROM: Associate Planner--Johnson
SUBJECT: HRA Housing Proposal
DATE : August 11, 1982
Re uest
e
Council attendance at the HRA' s September 2 meeting (7:30 p.m, at the City
Hall, Council Chambers -Jury Room),
Background
On August 9, Council authorized the further consideration of sites three
four and six (enclosed map) for the possible development of a seniors'
residence, The developer of each site has been requested to submit a site
plan, financial data, and a program narrative by August 27.
The HRA has chosen September 2 to interview each developer regarding his
proposal. Council participation in these interviews is requested by the HRA.
The September 2 meeting would provide the Council with valuable background
for h
g
o the September 13 decision of whether to proceed with the seniors' residence
and first -time home buyer .'proposal s.
Recommendation
Council attendance at the Housing and Redevelopment Authority's September 2
meeting,
jw
enclosure
mm • ' •f•• V
V . 40 .40 !•
f. 4r.•w.40• W w•.+.w fI
I -694 JL _
4040
otTE BEAR ', : "" 1KI1i • . • n
I
4040 - M •r 1•
S i t e 6 't....
77
Site 5;. :.... •~
two ! .
V o
i _ , IA
VV
4 [ - •4• -4040. 4040: `'
I , ..e..n...
q
spat" ST. au
0.site 4
p _ • If 1. 4040 __ / 4040 . 7? {2640 N.
s -l
r , • : 7 l '. L' • 4r 4040. w y40e• )rC% t e 3
2400 N .
E{ i g hway 36
fJ ... Io'- •... ..,,,; - - "air .j • _ 4040. 4040.- -
IftIl •d aI•• w ' •
4040.4040 ..,L Site 2
41
4040 .•.__ 4040.
QV OWNS
1a 1. _ «• ,lY • • . •w •4040 «
b„ `rte Soo
all 11 rN •: : ..
4 .f1 • •. • 'i .
me +.
V •4040 .w MORTM Si ,ay`
L..
4040 ..4.t . 4040 r- . • - •1 - 11 71
at ' • ' a I •,__ y s 1 in
7I •• LJi l •l - • 1 40.40... 4040 4040•
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ST. PAUL ti .-• ZrST avL 'N
CITY OF
APLiz OOD
SITES BEING CONSIDERED FOR A CONDOMINIUM
FOR SENIOR CITIZENS (initially)
Site. 71
SITES RECOMMENDED FOR FURTHER CONSIDERATION ®
r
BY THE HRA ON 7 -28 -82
S - ITE ~DEVELOPER '
3 Woodmark, Inc.
4 Health Resources, Inc./Ebenezer Society
6 Bor -Son
7 P.J. Gaughan (Withdrew 8-9-82)
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K
August 5, 1982
Mr. Barry Evans
Maplewood City ManageMaplewoodCouncil
138.0 Frost Avenue
Maplewood, MN 55109
Dear Mr. Evans:
Enc
ej e
As was suggested by you in our phone conversation of1982 I am ,.
Y
writing a letter of August 2,19 2, g tt protest concerning •parking" sign on Zar enteu g the installationprAvenueinfrontofourhouseJuly26, 1982, seduringtheweekof
In .1968, when Lar enteurp Avenue was improved, ut i lsewersinstalled, and widen roved sties and storm
assured b
widened t° it's present widthyboththeMaplewoodCouncil we were
Department
l and the Ramsey Countpentthatbecausethestreet yEngineeringDe
on the Maplewood side than the was widened more
allowed to ark
st • Paul side, we would alwaysPonthe . MaplewTood side of Lar.
aYs be
penteur .
Because the street was widened to that extent our
extremely driveway, as a
result ended up beingJ emely steep. In the winter. •prevail, it is sometimes hen icy
driveway, and so have t
possible to get up ourtoonthestreetuntilthe 'salted etc, drivewabeshoveledy can
Maplewood has a city ordinancence which prohibits overni ht •on it's streets, making g parkingtimpossibletoparkoverni
gsidestreet (Kennard) wi dho ght on our
Count ut gettingtting a parkinging tickety, on the other- hand, has no such RamsyWayneJanitschkeof
h ordinance according otheRamseyCountyEngineersg
allows overnight parkin ng Department, and
have taken ad
g on it s streets, and up until novantageofthisifnecessary
w we
We would like to requesthavethe that the Maplewood Councilsignsremoved, as it was the take action to1967or1968thatMaplewoodCouncilthatinguaranteedinstalledonour
g nteed that "no parkin " sisideofthestreet .
g gns would not be
The street was not des nmakeitong ed to be a four -lane roadenowwould, in my opinion ma
and to try to.lem, not to mention pedestrians
make more of a traf f i c prob-p estrians and bicyclers, p b
Thank ou very much
Albert and I one As chenbre
en
ner1673EastLarpteur
Maplewood, MN 55109
777 -5850