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1982 09-13 City Council Packet
AGENDA Maplewood City Council 7:00 P.M., Monday, September 13, 1982 Municipal Administration Building Meeting 82 -25 A) CALL TO ORDER B) ROLL CALL C) APPROVAL OF MINUTES 1. Minutes 82 -22 (August 19, 1982) 2. Minutes 82 -23 (August 23, 1982) 3. Minutes 82 -24 (August 25, 1982) D) APPROVAL OF AGENDA E) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routing by the City Council and will 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 Agenda and will be considered separately. 1. Accounts Payable 2. Budget Transfer - Severance' Pay 3. Termination of 3M Agreement for Fire Protection 4. Renewal - Employee Disability & Dental Coverage 50 Public Hearing - 1983 Budget 6. Budget Transfer - Highview North Judgement 7. Approval of Election Judges 8. Time Extension - Stillwater Ave. & Stillwater Rd. (Gaughan) 9. Time Extension - Crestview Third Addition 10. Time Extension - Goff' s Mapl evi ew Addition 11. Final Payment - 1982 Overlay & 1982 Seal Coating 12. Commercial Revenue Note - Emerald Inn - Final Approval 13. Change Order - Brookview Drive 140_ Final Payment - Brookview Drive 15. Donation - Trinity Baptist 16. Change Order - Adolphus Street EA) SPECIAL HEARINGS 1. Plan Amendment - Health Resources 2. HRA Housing Proposal F) PUBLIC HEARINGS 1. House Moving: 2, Sign Variance: 3. Code Amendment: 4. Code Amendment: 2799 Southlawn Drive (7:00) Denny's Restaurant (7:15) Setbacks to Residential Zones (7:30) Environmental Protection Ord. (7:45) G) AWARD OF BIDS 1. Holloway Ave. H) UNFINISHED BUSINESS 149 Employee Medical Insurance 29 BC Cons. Moratorium 3. Billboard Moratorium 4. "No Parking" - Larpenteur Avenue I} NEW BUSINESS 1. Increase in Permit Fees 2. Jon Belisle - Sewer Fees 30 Bellaire Sanitation.- Automated Refuse Removal 4. 11th Ave. Right of Way- Tax Delinquency MINUTES OF MAPLEWOOD CITY COUNCIL j 7:00 P.M., Thursday, August 19 1982 Council Chambers, Municipal Building Meeting No. 82 -22 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C..Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Reconsideration. 29 Dental Associates 3. Plaza - 3000 4. McKnight Road 5. Police Dispatcher Seconded by Councilmember Juker. Ayes - all. D. UNFINISHED BUSINESS 1. Code Amendment: Building Relocation a. Director of Community Development Geoffrey Olson presented the staff report. b. City Attorney John Bannigan reviewed the proposed ordinance and informed the Council of what conditions could be legally adopted. c. Councilmember Bastian moved an amendment to the ordinance as follows: Section 202.252 delete subsection l; Section 202.253 be changed to read "approval of the City Council" and delete the last sentence; Section 202.254, subsection 1 - Council not Board; subsection 1 add "and the health safetywelfare of the community"; add subsection ld - "Public streets can be protec from dama e "; subsection 2 - a "Cash escrow, an irrevocable letter of credit of up to $1,000.00 or an equi- valent quality of security as approved by the City Council to guarantee any street repair that may be required resulting from damages caused by moving the buildi Seconded by Councilmember Anderson.Ayes - all. d. Mr. Mike Fahey, representing Herman Johnson, (who wishes to move a house into Maplewood), requested Council not delay taking action as his client has deadlines to meet. e. Mr. Floyd Nelson, 2017 No. Chippewa Court, spoke in favor of the proposed ordinance. 1 - 8/19 t f. Councilmember Bastian moved to table second reading of the ordinance until the meetin of August 23, 1982. Seconded by Councilmember.Juker. Ayes - all. Mayor Greavu recessed the meeting at 7:50 P.M. to reconvene as a "Fact Finding Board" regarding the 1982 assessment appeals. Mayor Greavu reconvened the Council meeting at 9:35 P.M. E. COUNCIL PRESENTATIONS 1. Reconsideration a. Councilmember Anderson moved to reconsider the motion passed August 9, 1982 authorizing the Manager to proceed with advertising for the position of Direct of Public Safety. Seconded by Councilmember Maida.Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. 2. Dental Associates a. Councilmember Bastian questioned the access on White Bear Avenue for the Dental Associates. b. Staff stated the access is for right turn only onto White Bear Avenue. 3. Plaza - 3000 a. Councilmember Bastian requested the questions regarding Plaza 3000 conditions be placed on the Agenda for August 23, 19820 4. McKnight Road a. Councilmember Bastian stated he had questions regarding the County's plans for the upgrading and realignment of McKnight Road. b. Council requested staff contact Ramsey County engineers and Ramsey County Commissioner Hal Norgard to invite them to attend the Council work shop session on Thursday, September 9, 1982 at 4:00 P.M. F. ADMINISTRATIVE PRESENTATIONS 1. Police Dispatcher a. Acting Manager Ken Haider stated one of the Police Dispatchers was leaving City employment and requested the moratorium on hiring be removed to fill this position. b. Mayor Greavu moved to remove the moratorium to allow hiring of a Police Dispatcher. Seconded by Councilmember Anderson. Ayes - all. F. ADJOURNMENT 10 :14 P.M. 2 —8/19 t Yt MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M.,. Monday, August 23, 1.9 Council Chambers, - Municipal Building Meeting 82 -23 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 7:01 P.M. by Mayor Greavu, B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 82 -20 (August 9, 1982) Mayor Greavu moved to approve the Minutes of Meeti No. 82 -20 (August 9, 1982) as corrected: _ -- - - - - -- Page 51: Item K -lb - Councilmember Juker will compile a recommendation of what building and site plans the Council should become involved. Page 6 and 51 "Meeting Announcement" Seconded by Councilmember Bastian. Ayes - all. 2. Minutes No. 82 -21 (August 11, 1982) Councilmember Anderson moved to approve the Minutes of Meeting No . 82 -21 (A ust 11, 1982) as submitted Seconded by Councilmember Bastian. Ayes -,all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Lower Afton and McKnight Road 2. Brookview Drive 30 Reconsideration 4. 25th Anniversary 5. Mayor /Council Dinner 6. Maplewood 25th Anniversary Race Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed item E -4 to become Item I -6. 1 - 8/23 rs Mayor Greavu moved, seconded by Councilmember Anderson Ayes - all, to approve the Consent Agenda Items 1 through 3 as recommended: 1. Accounts Payable Approved the accounts (Part I - Feels, Services, Expenses, Check No. 000769 through Check No. 000809 - $103,782.74; Check No. 013954 through Check No. 014102 - $97,692.02; Check No. 000759 through Check No. 000768 - $11,748.62: Part II - Payroll - Check No. 04.668 through Check No.04792 - $46,473.36) in the amount of $269,686.74. 2. Acceptance to Donations Accepted the following donations and forwarded a letter of appreciation: Maplewood Coin Club - $100.00 for the Heritage Center improvement of the parking lot. Loyal Order of Moose Lodge No. 963 - $200.00 to be used for the Happy Wanderer Puppet Wagon. 3. Final Approval Resolution No. 82 -8 -110 RESOLUTION RELATING TO A $950,000 COMMERCIAL DEVELOPMENT REVENUE NOTE; AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 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, a Chapter 474, as amended; Assignme the Assignment of Rents and Leases to be given by the Partnership to the Lender; City: the City of Maplewood, Minnesota, its successors and asigns; 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 33,060 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; 2 - 8/23 Loan Agreement: the Loan Agreement to be entered into between the City and the Partnership; mortQ,ac e : the Combination Mortgage and _=Security Agreement and Fixture Financing Statement to =be entered into between -the Partnership, as mortgagor, and the Lender, as mortgagee; Note: 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. ipPrtnersh : Maplewood Fast Associates, a Minnesota general partnership, and its permitted successors and assigns; P1 edoe Aq reeme t : the Pledge Agreement to be given by the City to the Lender; Pr oj the Land and the Improvements, as they may at any time exist; Project Coasts 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 t Company, through its agent, Title Services, Inc. Section 2. Findings. It is hereby found and declared that: i r a) based upon representations made to City by representatives of the Partnership as to the nature of the Project, the real property and improvements 3 - 8/23 described in the Loan Agreement and the Mortgage comprising the Project constitute a project authorized by the Act; b) the purpose of the Project is, and the effect . thereof will be, to promote the public welfare by the attraction, encouragement and developrent 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 of 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 g 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 Notr , 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 pledge its interest ".in the Loan Agreement and grant a security interest therein to the Lender as security othe. pr inci a premium r the payment o fp1of, premium and late charges ifandinterestonthemotepursuant - any, P t to the Pledge y 4 - 8/23 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 prompt payment of principal of, premium and late charges, if aRy, and interest on the Note when due, and the Loan Agreement also provides that the Partnership is required to pay all expenses of the operation and maintenance of the Project, including, but without l imitation, adequate insurance thereon and all taxes and special. assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement; and h) under the provisions of Minnesota Statutes, Section 47 4.10, the Note is not to be payable from nor charged upon any f ands 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 payment 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, upon any property of the City other than those rights and interests of the Citv under the Loan Agreement which have been pledged to the Lender by the Pledge Agreement; and the Note shall recite that the Note, including interest 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 by the Act to issue revenue bonds and loan the proceeds ' thereof to business enterprises to finance the acquisition and eons truction of "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, 3.02. Prel imin_ary City Approval By preliminary resolution duly adopted by the Council on October 1, 1981, s after a public hearing held on that date, this Cotinci. l 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 &uitable and designee] for use as a shopping center and authorized the preparation of such documents as may be appropriate to the Project. 5 - 8/23 3.0 3. 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: 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 completion 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 Mayor and the City Clerk shall execute the same on behalf of the City and shall execute the Dote in substantially the fgrm 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 reouire, subject to the approval of the City Attorney, and all cer ti f i ca t ions , recitals and representations therein shall constitute the certifications, ications recitals and representations of the City . Execution of any instrument or document by one or more 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. 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 s such appropriate variations, omissions and insertions asPP . t are permitted or required by this Pesolution, i.n -. the total P r incipa 1 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, r ivile es , are incorporated by reference herein. 6 _ 8/23 5.0 2. 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, Lost and Destroyed Note In case the Note shall become mutilated or be destroyeded 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. Pr for to 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 Vote and the above items to the Lender, the Lender shall, on behalf of the City, disburse the proceeds of the Dote 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, 5.0 6. Limitation on Note Tr ansf ers The Note shall be issued without registration under state or other securities laws, pursuant to 'an exemption for suc'b issuance; and accordingly the Note may not be assigned or transferred in whale 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. 8/23 5.07. Construction Fund There shall be established with Title a Constru - ction 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 behal. f 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 Pevenue Service Revenue Procedure 79-5, Pevenue Procedure 81-22 and 26 CFR 6 01.2 01 ( and any subsequent amendments, modifications or replacements thereof) ; provided that, if the Lender receives an opinion of bond counsel that the exemption from feberal 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 Note shall not constitute a debt of the City within the meaning of any constitutional or statutory 1 irritation, and shall not be payable from nor charged upon any funds other than the revenue pledged to the payment thereof, and the City shall not be subject to any liability thereon, and no Holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property' of the City other than those rights and interests of the City under the Loan Agreement which have been pledged to the Lender by the Pledge Agreement, and the rote shall not constitute a charge, lien or encumbrance, legal or equitable, upon 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 Pled Agreement. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Note, the Loan Agreement Qr the Pledge Agreement and the other documents listed *n Section 3.03 hereof shall be subject at all times to the availability of revenues furnished by the Partnership sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon other than as stated above. 8 - 8/23 F. PUBLIC HEARINGS I. Special Use Permit: 1960 Ide Street 7 :00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. John Mastel, 1960 Ide Street, for a special use permit to expand a residential use by moving a garage onto property zoned Limited Business Commercial. The Clerk stated the hearing notice was in order and noted the dates. of publication. b. Manager Evans presented the staff report. C. Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Barrett moved the Planning Commission recommend approval of a special use permit to allow the nonconforming single - dwelling 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. Commissioner Kishel seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mr. John Mastel, the applicant, spoke on behalf of his request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve the request of Mr. John Mastel for a spec use 2e mit to allow the non - conforming sin dwelling use at 1960 Ide Street to be expanded to include a garage. The basis fo the approval is that the expan- sion of this use will not be significant enough to discourage development of the ar as zoned and planned. Seconded by Councilmember Maida. Ayes - all. G. AWARD OF BIDS 2. Sale of Old Vehicles a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 82 -8- 111 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Walter Geissler in the amount of $1401.51 is the highest responsible bidder for the purchase of one 197.9 Buick LeSabre (Surplus Police Vehicle) and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS 9 - 8/23 1. Code Amendment: Home Occupation a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 520 AN ORDINANCE AMENDING CHAPTERS 904 AND 916 OF THE MAPLEWOOD MUNICIPAL CODE RELATING TO HOME OCCUPATIONS THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 916.010 (Definitions) is hereby amended to include the following subsection 21. Home Occupation. Any gainful occupation engaged in by an occupant of a dwelling unit, where the occupation is secondary to the main use of the premises as a residence. Such occupation may be conducted within a dwelling unit or accessory structure. Section 2. Section 904.010 is hereby amended as follows (language to be deleted is crossed out, language to be added is underlined): PeEses- err- PeEs one 3 - s- ahes -ae he $ed -b - the - as e -ge e s sg- bed} = - sede;- pheegahy- seds- s- ehe- see- peses- eesdeeed - }- the - yes }deee- e-eeeseey-bed}eg3-bi-ey-ep8e- the- eeeeg- e- e- pex }- e -be- reseed- by -he- ge- Geese. 4. a. Home occupations shall require a speci exception permit for any of the follow- ing activities which would occur more than thirty days each year: 1. Employment of any person not residing on the premises 2. Customers visiting the premises 3. Manufacture of 2rojects on the premises 4. A vehicle(s) used in the home occupation, and parked on the premises, which exceeds a one -ton payload capacity Home occupations which do not involve any of. these activities may be permi without a permit. b. Home occupations requiring a permit shall be subject to, but not limited to, the following requirements: 1. No more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than 20% of each level of the dwellin unit floor area shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the building or 10 - 8/23 remises, that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the city sign code. 4. Limited retail sales of products produced off- site may be permitte d, but only when subordinate to the principal activity(ies) of the home occupati 5. No traff shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off- street parking shall not exceed more than three offs_treet parking. spaces for home occupation at any given time,.in addition to the parkin spaces required by the resident occupa 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detect able to the normal senses off the lot. In the case of electrical inter- ference, no e quipment or rocess shall be used which creates visual or audible interference in any radio or television receivers off the premis or causes fluctuations in line voltage off the premises. 7. No fire, safety or health hazard shall exist 80 A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, weldin , ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than 120 volts of current. 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. 10. The City may waive any of these requirements if the home occupation is located at least 350 feet from an adjoining residential use. 11. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Section 826 of the City licensing code. Section 3. Section 904.010 is hereby amended to renumber subsections 6 and 7 to subsections 5 and 6. Section 4. This ordinance shall take effect and be in force from and after its passage I and publication, as provided by law. Seconded by Councilmember Juker. Ayes - all. C* Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE N0, 521 AN ORDINANCE AMENDING CHAPTER 826 OF THE MAPLEWOOD MUNICIPAL CODE RELATING TO LICENSING HOME OCCUPATIONS 826. Section 1. The licensing Code of the City of Maplewood is amended to add Chapter 826. HOME OCCUPATIONS 11 - 8/23 826.010. ORIGINAL APPROVAL. Original approval of a home occupation shall be granted by special exception permit, in accordance with the provisions of Section 904.010 (4a) and (4b) of the Zoning Code. 8 26.020. RENEWAL. A license shall be secured from the City Clerk, annually in the month of January, to continue operation of a home occupation, once original approval is granted, including approvals granted prior to the enactment I f this ordinance. 826.030. LICENSE REVOCATION. The City Clerk may revoke or refuse to renew a home occupation license where there is evidence of noncompliance with the condit- ions of the original approval. 826.040. APPEAL. The owner or his assign of a home occupation who is denied a license renewal, may appeal the City Clerk's decision to the City Council. To request an appeal, the owner of this home occupation must submit a written letter of request to the City Clerk, within thirty days of the license revocation or nonrenewal. Section 2. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Seconded by Councilmember Juker. Ayes - all. d. Councilmember Anderson moved to authorize staff to reinstate a $30.00 fee for home occupation applications. Seconded by Councilmember Juker. Ayes - all. I. NEW BUSINESS 1. Plan Amendment: 2696 Hazelwood Street a. Manager Evans presented the staff report. b. Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Sletten moved the Planning Commission recommend to the City Council approval of the resolution amending the Land Use Plan from SC, Service Commercial to RB, Residential Business for 2696 Hazelwood Avenue. Commissioner Howard seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." C. Mrs. Christine Stone, 2727 Hazelwood Street, stated she had understood this item would not be brought up until 7 :45 P.M. She is expecting more of her neighbors to attend. d. Councilmember Bastian moved to table this item until later in the agenda. Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS (continued) 2. Rezoning, Street Vacation and Variance - Frost Avenue (7:15 P.M.) _ 12 - 8/23 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Michael Mularoni for a zone change from R -1 to R -3 property located south of Frost Avenue west of Walter Street and north of 1078 Frost Avenue; vacation of Walter Street from Fenton Street to Frost Avenue; vacation of Fenton Street from Adele to Walter Streets and a thirty foot lot frontage variance for the property at.1096 Frost Avenue. 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. Director of Community Development Geoff Olson presented the specifics of the proposal. d. Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Kishel moved the Planning Commission recommend to the City Council approval of a thirty —foot lot frontage variance for Mrs. Edith Hagstrom, 1096 Frost Avenue, to permit only thirty feet of frontage on Fenton Street, subject to: 1. 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: a. A driveway shall be constructed and maintained to Fenton Street which meets the requirements of Section 10.207 fo the Uniform Fire Code. b. A Fenton Street address shall be assigned by the City Clerk and be clearly identifiable from Fenton Street." 2. Submission to the City of a deed from the Anderson's, 1101 Fenton Street, to Edith Hagstrom, 1096 Frost Avenue, plus any necessary recording costs for the east thirty feet of vacated Walter 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: a. The dwelling was in existance prior to City Code requirements for frontage on a maintained public street. b. Improvement of Walter Street to serve this property would be cost prohibitive. C . The proposed frontage on Fenton Street is the only alternative, short of eliminating the existing dwelling and combining the property with an abutting property with proper frontage. d. A paved drive access to Fenton Street for 1096 Frost is more desirable for the provision of public safety services than the present unimproved access to Frost Avenue. Commissioner Fischer seconded. Ayes — Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb. Commissioner. Fischer moved the Planning Commission recommend the City Council 13 - 8/23 approve the vacation of Walter Street between Fenton Street and Frost. Avenue, subject to: 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 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. Commissioner Sletten seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb. Commissioner Sletten moved the Planning Commission recommend the City Council approve the resolution for a zone change from R -1 Residence District (Single Dwelling) to R--3, Residence District (Multiple Dwelling), 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 abutting properties. Commissioner Barrett seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb. Commissioner Kishel moved the Planning Commission recommend to the City Council 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, on the basis that: J 1. None of the abutting properties require access from Fenton Street. 2. 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. 3. On May 1, 1980 Council approved a variance for Peter Dicke on the basis that there is no reason for public purpose for constructing Fenton Street." Commissioner Fischer seconded. Sandra Dicke, 1742 Frank Street, questioned how much property would be used for the cul -de -sac. 14 - 8/23 Secretary Olson indicated that it would be just right —of —way that would be used, 4 no private property. Voting on the motion: Ayes — Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb." e. Mr. Michael Mularoni, the applicant, spoke on behalf of his proposals. f. Mayor Greavu called for persons who wished to be heard for or against the proposals. The following persons voiced their opinions: Mrs. Rudolph Anderson, 1101 Fenton Mr. Jim Youngren, representing his father, Gordon Youngren, 1082 Fenton Mr. Frank Silberbauer, 1078 Frost Avenue Ms. Ellen Hagstrom, representing her sister, Ms. Edith Hagstrom, 1096 Frost Avenue. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian introduced the following resolution and moved its adoption: 82 -8— 112 WHEREAS, Michial Mularoni has initiated these proceedings to vacate the public interest in the following described real property: That portion of Fenton Street in Section 16, Township 29, Range 22, West of the Southerly extension of the centerline of Block 4, Kavanagh Dawsons Addit— ion to Gladstone and East of a North —South line, forty feet East of the East line of Adele Street. WHEREAS, the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by Michial Mularoni on the second day of July, 1982; 2. That a majority of the owners of property abutting said street have signed a petition for the above described vacation; . 3. That said vacation has been referred to and reviewed by the Maplewood Planning Commission on the second day of August, 1982 and referred back to the Maplewood City Council with the recommendation of approval; 4. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 23rd day of August, 1982 preceded by two weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Planning Commission recommendation and staff reports. WHEREAS, upon vacation of the above described street, public interest in the property will accrue to the following described abutting properties: Lot 20, Block 4 and Lot 11, Block 5, Kavanagh and Dawsons Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that . it is in the public interest to grant the above described vacation on the following findings of fact: 15 — 8/23 1. None of the abutting properties require access from Fenton Street. 2. Improvement of this right -of -way would be cost prohibitive and not in the public's interest, due to the lack of accessbility of adjacent proper- ties. 3. On May 1, 1980, Council approved a variance for Peter Dicke on the basis that "there is no reason or public purpose for constructing Fenton Street." BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 and shall cause the same to be presented to the County Auditor for entry in his transfer records and that the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Maida. Nays - Councilmember Anderson. i. Councilmember Bastian moved to approve the zone change from R -1 (Single Residence District) to R -3 (Multiple Residence District) for the property located south of Frost Avenue, west of Walter Street and north of 1078 Frost Avenue 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. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Maida. Nays - Councilmembers Anderson and Juker. Motion failed. 3. Rezoning- Lower Afton and Century 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a zone change from BC (Business - Commercial) to F (Farm Residence) the property located north and south of Lower Afton Road west of Century Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Barrett moved the Planning Commission recommend to the City Council approval of the resolution rezoning the site from BC to F, on the basis that: 1. The site 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 commercially. Commissioner Sletten seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. 16 - 8/23 e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the followinE resolution and moved its adoption: 82 - 8 - 113 WHEREAS, a rezoning procedure has been initiated by the City of'Maplewood, for zone change from BC, business commercial to F, Farm residence for the following described property: The east 660 feet of the south half of the north half of Section 12, Township 28, Range 22. WHEREAS, the procedural history of this rezoning procedure is as follows: 1. That a rezoning procedure has been initiated by the City Council 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 site 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 commercially. Seconded by Mayor Greavu. Ayes - all. 4. Rezoning: Upper Afton Road and McKnight Road - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a zone change from BC (Business Commercial) and M -1 (Light Manufacturing) to F (Farm Residence) the property located at the southeast corner of McKnight Road and Upper Afton Road. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommendation: 17 - 8/23 Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the resolution rezoning the site from BC and M -1 to F, on the basis that: 1. The site is shown as open space on the Comprehensive Plan. 2.. The site is owned and planned by Ramsey County for park use. Commissioner Fischer seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 82 -8- 114 WHEREAS, a rezoning procedure has been initiated by the City of Maplewood for a zone change from BC, business commercial and M -1, light manufacturing to F, Farm residence for the following described property: The southwest quarter of Section 1, Township 28, Range 22, except that part of the northwest quarter of the southwest quarter of Section 28, Range 22, described as follows: Commencing at the northeast corner of the said northwest quarter of the southwest quarter and thence running south along the easterly line thereof, a distance of 415 feet to a point; thence west and parallel with the north line of said northwest quarter of southwest quarter a distance of 285 feet to a point; thence north and parallel with the east line of said northwest quarter of southwest quarter a distance of 415 feet, more or less, to the north line of said northwest quarter of southwest quarter; thence east along the north line of said northwest quarter of southwest quarter to the point of beginning; subject to the Upper Afton Road, 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. 18 - 8/23 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 site is shown as open space on the Comprehensive Plan, 2. The site is owned and planned by Ramsey County for park use. Seconded by Councilmember Bastian. Ayes — all. 5. Rezoning: McKnight Road and I -94 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a zone change from BC (Business Commercial) to F (Farm Residence) the property located at the south- east corner of I -94 and McKnight Road. The Clerk stated the hearing notice was in. order and noted the dates of. publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend — ation: Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the resolution rezoning the site from BC to F, on the 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 Sletten seconded. Ayes — Commissoiners Barrett, Ellefson, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 82 — 8 — 115 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 follow— ing described property: 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 siad 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 thatsaid rezone procedure be approved; 19 - 8/23 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. Seconded by Councilmember Maida. Ayes — all. b. Special Use Permit: Denny's Restaurant 7:45 P.M, a. Mayor Greavu convened the meeting for a public hearing regarding the request of Denny's Restaurant, Interplan Practice, Ltd., for a special use permit to construct a restaurant on property zoned M -2, Heavy Manufacturing. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C* Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of a special' use permit for a "sit down" restaurant based on the findings that the use would be compatible with the Land Use Plan and surrounding development, Approval is 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 the Council extends the special use permit 3. Once the building is erected, no further reviews of the special use permit shall be required. 4. Approval of the special use permit does not include approval of the site plan. Commissioner Kishel seconded. Ayes — Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mr. Lewis Narcisi, architect representative for Denny's, spoke on behalf of the request and stated they would comply with the conditions as stated. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. 20 - 8/23 h. Councilmember Anderson moved to a rove the Sp ecial Use Permit for a "sit down" restaurant to be constructed on prop zoned M -2, Heavy Manufacturin , as requested by Denny's, to be located on Century Avenue north of I -94, subject to the followin 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. 30 Once the building is erected, no further reviews of the special use permit shall be required. 40 Approval of the special use permit does not include approval of the site plan. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS 1. Employee Group Insurance a. Manager Evans presented the staff report with the following proposals: 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 organization 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. b. Sgts. John McNulty and Arnold spoke in favor.of remaining with Group Health Plan. C.* Ms. Rita Sobie, Group Health Plan, stated facts about Group Health and why their bid was not received by the deadline. d. Councilman Bastian moved to table the Employee Group Health Insurance bids until August 25, 1982, Wednesday, 4:30 P.M. at City Hall. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS (continued) 1. Plan Amendment: 2696 Hazelwood Street (continued) a. Councilmember Bastian moved to discuss Health Resources request for a time extension for their special use permit. Seconded by Councilmember Anderson. Ayes - all. b. Manager Evans presented the staff report.. c. Commissioner Duane Prew presented the following Planning Commission recommendation: Commissioner Sletten moved the Planning Commission recommend to the City Council approval of a three year time extension for the special use permit to conduct community service programs at 2696 Hazelwood Avenue, since there have not been any problems caused by this facility during the past two years of operation. 21- 8/23 Commissioner Whitcomb seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mr. James Swanson, Vice President, Senior Services Division Health Resources, Inc., spoke on behalf of the proposal. e. Mayor Greavu asked if anyone in the audience wished to be heard regarding Health Resources request. The following expressed their opinions: Ronald Erickson, 2673 Hazelwood Street Pat O'Brien, 2759 Hazelwood Street Louis Eckl, 2767 Hazelwood Street Clarence Nelson, 2736 Hazelwood Street Paul Caldwell, 2666 Hazelwood Street Phyllis Erickson, 2673 Hazelwood Street Christine Stone, 2727 Hazelwood Street Steve Samuelson, 2747 Hazelwood Street James Weinberg, 2661 Hazelwood Street. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Mayor Greavu.Ayes - all. f. Councilmember Bastian moved to approve a time extension for the Health Resources, 2696 Hazelwood Street special use permit for one year. Seconded by Councilmember Anderson.Ayes - all. g. Councilmember Bastian introduced the followin resolution and moved its adoption: 82 - 8 - 116 WHEREAS, it is deemed necessary, expedient and proper that the City Control on street parking for purposes of general safety; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that a no parking be established on east side of Hazelwood Street from County Road C to 300 feet north and on the west side of Hazelwood Street 500 feet north of County Road C to 1300 feet north of County Road C. Seconded by Councilmember Anderson.Ayes - all. h. Councilmember Bastian moved to table the Plan Amendment request of Healt Resources until such time as the proposal for senior citizen housing comes before the Maplewood Housing and Redevelopment-Authority. Seconded by Councilmember Anderson. Ayes - a11. 2. Special Exception: 1735 Kennard a. Manager Evans presented the staff report. b. Commissioner Duane Prew presented the following Planning Commission recom- mendation: Commissioner Kishel moved the Planning Commission recommend to the City Council 22 - 8/23 the approval of a special exception permit for one year to operate a Childhood Center for day care at the Presentation of the Blessed Virgin Mary Church at 1735 Kennard Street, subject to: 1. Correction of all Life Safety and Building Code deficiencies, prior to program start -up. 2. If no nuisance mayconditionsexistattheendofoneyear, the P ypermit be renewed by the City Council. Approval is recommended on the basis that: 1. The request is consistent with the intent of the Land Use Plan and Zoning Code. 2. The change would not substantially detract from the use of adjacent properties. 3. The proposal is in the best interests and convenience of the community. Commissioner Hejny seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." c. Mr. Ed Feffer, Parish Administrator Presentation Church, spoke on behalf of the proposal. d. Councilmember Anderson moved approval of the special exception permit for one year to operate a Childhood Center for day care at the Presentation of the Blessed Vir in Mar Church at 1735 Kennard Street, subject to 1. Correction of all Life Safety and Building Code deficiencies, prior to program start up. 2. If no nuisance conditions exist at the end of one year, the permit may be renewed by the City Council. Approval is recommended on the basis that: 1. The request is consistent with the intent of the Land Use Plan and Zoning Code. 2. The change would not substantially detract from the use of adjacent properties. 3. The proposal is in the best interests and convenience of the community. Seconded by Mayor Greavu. Ayes.- all. K. COUNCIL PRESENTATIONS 5. House Moving Ordinance a. Councilmember Anderson wished to discuss the house moving ordinance. The ordinance was placed on 1st reading. b. Mr. Herman Johnson, an applicant who wishes to move a house into Maplewood, spoke asking the Council to allow him to proceed. He has a deadline of October 1 to move the house. C. Mr. Richard Hoffman, owner of the property where the house is located now, also apoke. 23 - 8/23 d. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE N0, 522 AN ORDINANCE REGULATING THE MOVING OF HOUSES AND GARAGES IN THE CITY OF MAPLEWOOD THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article IV Section is hereby added to the Maplewood Code to read as follows: BUILDING RELOCATION Section 9.61. PERMIT REQUIRED TO MOVE BUILDING. No person shall move a house or garage over any highway, street or alley in Maplewood, without first receivingapprovalfromtheCityCouncil, Section 9.62, APPLICATION. An applicant shall submit a building relocation application form and the following materials: 1. A certified abstractor's list, listing all property and their mailingaddresseswithin350feetofthepropertytowhichthebuildingisto be moved. 2. A legal description of the property to which the building is to be moved. 3. Photographs showing all four sides of the building and a dimensioned site plan showing the proposed placement of the structure on the new site. 4. An application fee to be set by City Council resolution. 5. A cash escrow deposit of $100.00, which shall be used for defraying costs incurred by the City in inspecting the building and property. The inspectors,P , and any other officials whose inspection is required, shall inspect the building and be reimbursed at a rate of $15.00 for each hour involved in making their inspection. If any of the escrow payment required is not used, the amount remaining shall be returned to the applicant. Section 9.62. PLAN REVIEW AUTHORITY. All applications for building locations shall be subject to the approval of the City Council. The Council shall hold a public hearing on any application for building relocation, after notice of such hearing has been published in the official newspaper at least ten days before the hearing. Notices shall also be mailed to each of the owners of property within 350 feet of the property for which the building relocation is petitioned, such notices shall be mailed at least ten days before the hearing. Section 9.64. SUBMITTAL,EVALUATION, 1. To recommend approval of an application, the Council must make the following findings: a. The proposed building is compatible with those in the neighborhood it would be moved to. A,, determination of compatibility may be based on com- paring the structure's exterior siding, height, mass, age and style of construction to the average home in the neighborhood to which the house is to be moved and the health, safety and welfare of the community. 9& - Q /7'2 b. That all City Code requirements can be met. c. That water runoff from the site will not cause an adverse effect on sur— rounding properties. d. Public streets can be protected from damage. 2.. The City, in its action for approval, may require compliance with any or all of the following conditions, or any additional conditions that are deemed ncessary: a. Cash escrow, an irrevocable letter of credit of up to $1,000.00, or an equivalent quality of security as approved by the City Council to guarantee any street repair that may required resulting from damages caused by moving the building. b. Lot lines shall be verified by the applicant by survey pins. c. The petitioner shall furnish an irrevocable letter of credit or cash escrow 1 -1/2 times the estimated cost of remodeling, refinishing, or otherwise constructing or reconstructing such building in accordancd wilth the plans and specifications. With this surety, it shall be further conditioned that the work will be completed within ninety days of the issuance of the permit. d. All rubbish, materials, extra fill, dirt, debris or left —over material shall be removed from the property within seven days after a building is removed from a site in Maplewood. e. Any excavation or basement left after a house is moved from or within a lot in Maplewood shall be filled in within 48 hours, unless a permit is approved to move another house onto said excavation. ANy uncovered basement or excavation shall be fenced. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Seconded by Councilmember BAstian. Ayes — all. I. NEW BUSINESS ( continued) 3. Plaza 3000 a. Manager Evans presented teh staff report. He also stated a letter had been received from Plaza 3000 making reference to the five problems that had been brought to their attention. They have made arrangements to complete 4 of the conditions, but do not feel they are responsible for constructing a sidewalk on Lydia. b. Councilmember Bastian moved to approve the following recommendation: Any of the following items -that are not completed by December 1, 1982, shall be referred to the City prosecutor for legal action: 1. Roof mounted equipment protruding above the parapet wall shall be screened from view with a wood screen. 2. All exterior dumpsters shall be screened from view with a material that is compatible with the main building. 25 — 8/23 30 Construction of a five foot wide concrete sidewalk alon g LydiaL Avenue from Ariel Street to White Bear Avenue, including the two foot be shown on the approved plan by October, 15, 1982. 4. Keep the.area around Jerry's Foods compactor clean. 50 Removal of the curbing in front of the east door to Larkin Dance Theatre and rechanneling of the water from the roof drain away from the door. Seconded by Councilmember Maida. Ayes — all. 4. HRA /Council Meeting a. Manager Evans stated the HRA has invited the Council to attend their meeting on September 2, 1982, at 7 :30 P.M. at City Hall. b. Councilmember Anderson moved to accept the HRA's invitation to the Council to attend their meetin on September 2, 1982 at 7:30 P.M. at City Hall. Seconded by Councilmember Juker. Ayes — all. 5. "No Parking" Larpenteur Avenue (Aschenbrenner) a. Councilmember Juker moved to table this item until the meeting of September 13, 1982 as the Aschenbrenners were not notified of tonig meeti n Q. 5.2. b Seconded by Councilmember BAstian. Ayes — all. 6. Change Order ,#1: Dorland Road — Hillwood Drive a. Director of Public Works Ken Haider explained why the change order is needed. b. Councilmember Anderson introduced the followi resolution and moved its adoption 82 -8 -117 WHEREAS, the City Council of Maplewood has heretofore ordered made Improvement Project No. 78 -10 and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project No. 78 -10, Contract Amendment No. 1; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Contract Amendment No. 1. Seconded by Councilmember Juker. Ayes — a11. I. VISITOR PRESENTATIONS - 1. 'Mr. Mark Fenner, 2128 Arcade Street a. Mr. Fenner stated he purchased a house from Mr. Voya Piletich in 1979. Mr. Piletich is now building a home next to his and he has found the lot line has been changed and is right next to his front door. Mr. Fenner is in litagationwithMr. Piletich at the present time over this problem. Mr. Fenner is requesting 26 — 8/23 It! the Council to investigate the problem as he feels there is a zoning violation. b. Referred to staff for investigation. K. COUNCIL PRESENTATIONS 1. Lower Afton /McKnight Road a. Councilmember Maida, stated there is nothing provided in the "leg" of the City for senior or retired citizens. She feels there should be interaction in neighbor— hoods between the young and elderly. One of the reasons is because there is no property established as Service Commercial. She requested Staff to review the property at the southeast corner of McKnight Road and Lower Afton Road for a plan amendment to service commercial to see fi it would be compatible with the area. 2. Brookview Drive a. Councilmember Maida questioned as to what is happening with Mr. Spencer regarding replacement of a tree that was removed during the construction of Brookview Drive storm sewer. b. Staff will investigate and contact the contractor. 3. Reconsideration: Public Safety Director a. Councilmember Anderson moved to retract the motion to authorize the City Manager to hire a Public Safety Director and the spending of $5,00 and that a meetin be establi with the Ci Manag City Attorney, Council and the Police Civil Service Commission. Seconded by Councilmember Maida. Ayes — Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays — Councilmember Bastian. b. The date set for the meeting is 5:00 P.M., Wednesday, August 25, 1982. 4. 25th Anniversary a. Councilmember Anderson stated he wished to honor the people that worked so hard for the 25th Anniversary. b. Tabled until a later date. 5. Mayor /Council Dinner a. Councilman Anderson questioned how the past Mayor and Council dinner was paid for. b. It was paid for from the money that the Councilmembers have been paying each month. At this time there is $45.00 left in the fund. C* Consensus of the Council stated they were discontinuing the fund and the balance should be applied to any up and coming flowers, etc. that Council usually pays for. b. Approval of Assessments 27 - 8/23 1140 a. Mayor Greavu introduced the followin resolution and moved its adoption: 82 -8- 118 WHEREAS, pursuant to provisions of Minnesota State Statutes, Section 429.061Subsection1, a hearing was held July 29, 1982 at which all interested partieswereheardandtheassessmentrollforMaplewoodProjects81- 6,.78 -9, 78 -20 78-79 -15 and 80 -14 was adopted by unanimous vote; and WHEREAS, pursuant to provisions of Minnesota State Statutes Section 429.061Subsection2andadjournedmeetingwasheldonAugust23, 1982 at which all obJect-ions of the adopted assessment roll were heard; and WHEREAS, the City Council sitting as a committee of the whole made certainainfindingsoffactsandconclusionsonsaidobjections; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTAthatthefactsand.conclusions are hereby adopted and incorporated wtih said assessment roll as adopted. 7E Seconded by Couricilmember Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 12:17 A.M. City Clerk 28 -- 8/23 MINUTES OF MAPLEWOOD CITY COUNCIL s 4:30 P,M., Wednesday, August 25 1982g , Lunch Room, Municipal Building Meeting No. 82--24 A. CALL TO ORDER A special meeting of the City Council of Ma lewo 'p od, Minnesota, was held in the MunicipalBuildingLunchRoomandwascalledtoorderat4 :30 P.M, by Actin.. Mayor J p Acting y Juke r. Be ROLL CALL John C. Greavu, Mayor AbsentNormanG. Anderson, Councilmember PresentGaryW. Bastian, Councilmember PresentFrancesL. Juker, Acting Mayor PresentMaryLeeMaida, Councilmember Present Co AWARD OF BIDS 1, Employee Group Insurance a. Manager Evans presented the staff report, b. A representative of Coordinated Health Care 'explained the program. c. Councilmember Anderson moved that a corganizationcovera terms of their bid. es be awarded four ontract for health maintenancetoCoordinatedHealthCare, Inc. based on the Seconded by Councilmember Maida. Ayes - all. d. Councilmember Anderson moved to approve on •with Grou Healh Inc pp the option of employees remainintP _ , subject to atleast five em to ees 'oin' l p y ing the CoordinatedHealthCarePlanandsubjecttotheempoyeeswhoremainwithGroupHealthayinthedifferencebetweentheCoordinatedp -g-__Health Care Plan cost and Groupcost, Health Seconded by Councilmember Maida.Ayes - all. e. Councilmember Bastian moved that a four ear caebeawardedtoMinnesota. Mutual L• y contract for life insurance cover -ife Insurance Company based upon the termsoftheirbid. Seconded by Councilmember Anderson.Ayes - all, D. ADJOURNMENT 4: 43 P ,M. City Clerk 1 — 8/25 CITY OF MAPLEWOOD a C C O U N T S P A Y A S L E DATE 09 -i3- 82 PAGE CHECK A N C J N T C L A I M - N t P U R P 0 S E 0008 10 5, 03Z. 00-MINN STATE T REASURER MV LICENSE FEES PAYI 000811 00 M S .. -_ REASURER Ot! FEES PAYAI 000812 9 b, 57 M UELLER PI FE LI NERS INC AWARDED . D CONST CONTRA 000813 200,1000 BARRY E1/A NS -- _ _._ - - -_ - . -VEHICLE ALLOWANCE 0 0 8i4 --2 00_MINIM STATE TREASURER M1i LICENSE FEE PAY A 000815 166.00 MINN STATE TREASURER STATE D/L FEES PA YA E 000816 75.0 JOHN REYNOLDS ..._ _ _ _ _ .. _-FEES, SERVICE -- - -- 00817 coo08 M COUNTY ATT Cities 25th Aniv. TTRAVEL fL TRAINING 0 0 0 818 5 9. 8 5 FRANCES JU KER SUPPLIES,LIES, PROGRAM 000819 1; 854. Q3_S TATE TR AE SURER PERA CONTRIBUTIONS PE RA 0 00 820 .3, 918.60 MN STATE TREASU ..RER PERA _.......P. E. R.A. DEB PAYA8LE AND-_CONTRIBUTIONS, E 0 00 821 8, 490. i2 MN STATE TREASURER PERA Pe E.R.A. flEfl P AYABLE AND CONTRIBUTIONS, E 0 00 822 11 MINN STATE TREASURERSURER STATE D/L FEES PA YA 000823 6T. 50 RA MSEY C© CLERK OF DIST CNTY D L FEES PA YA E 000824 25.00 PIZZA NUT ---- -.. - -- -SUPPLIES,. PROGRAM . ._. 0 00825 3 75_STATE TREASUREREASURERlil LICENSE FEES P AYA 000826 261. 0Q JOHN REYNOLDS FEES SERVICERVICE 000827 252.00 ---- 'MINN _ --STATE TREASURER ities 25th Aniv. STATE D/L FEES PAYAE 000828 _1 ,9947.75 __...__MINN STATE TREASURER LICENSE FEES PA 000829 42* 00 RA MSEY CT Y CONCILIATION A/R - PARAMEDIC 000839 263088 IC RETIREMENT CORP DEFERRED COMP PAY ABt AND—DEFERRED COMPENS 0 0083 i 15, 707052 ypl.EROOQ STATE A NK FED INCOME TAX PA YAE 00832 7,431.89 STATE OF NH STATE INCOME TAX PAY 000833 200.00 MN STATE RETIREMENT SYST DEFERRED COMP PAYAB f CITY OF MAPLEWOOD A C C O U N TS P A Y A 8 L E DATE 09— i3— 82 PAGE CHECK*A M 0 _U N T .C- L _ _ I M A N T P U R P Q S -- -.E 000834".303.18 AFSC ME LOCAL 27 25 UNION DUES PAYABLE AND -FAIR SHARE FEES 0 DO 835 24.00 METRO SUPERVISORY _ _R ASSOC UNION DUES PAY ABLE 000836 . _ _2T7. Qfl MN MUTUALUAL LIFE INS CO DEFERRED COMP PA YA 8t 000837 Il 024. 00 CITY f CTY CREDIT UNION CREDIT UNION DEO PA` 000838 145s00 ROSEMARY !CANE __-WAGE DEDUCTIONS PAYS 000839 608.50 MN TEAMSTERS _ E MSTERS LOCAL. 320 UNION DUES PAYASL 000 840 2 , 9889970 MINN STATE TREASURERER NV LICENSE FEES PA Yi 00084 214.00 __.MINN STATE TREASURER STATE D/L FEES PAYA[ 0 00 842 3, 666.08 M APl.ELEAF OFFICIALS ASSN FEES, SrERY ICE 0 00 843 2 918.0 0 MINN STATE TREASURER MAA Summer Softball MV LICENSE FEES PA Yi 00084 - 4 213.00 MINN STATE TREASURER _STATE D/L FEES PAYAf 000845 5 469.75 _METRO WASTEE CONTROL COMA S.A.C. .PAYABLE 000846 23000 RU13Y SCHU T SUPPLIES OFFICE 000847 69s09 RAMS YE CO CLERK OF D I S T CN TY fl /L. FEES PAYA# 000848 126.MINN STATE TREASURER - _STATE D /t, FEES PA YA f 000850 -- -455.94 MINN STATE TREASmSURTAX SURCHARGE TAX PAY ABt 000851 1,359.00 _.MINN STATE TREASURER MY LICENSE FEES PA 000852 309. 00 MINN STATE TREASURER DNR LICENSE FEES PBi 000853 4. Oa MINN STATE TREASURER DNR LICENSE FEES PBS 0 00 854 276.20 SAFWAY STEEL PRODUCTS EQUIPMENT, OTHER 000855 500.00 MINN STATE TREASURER STATE DAL _ FEES PAYAF 000856 3, 8 93.2'S MINN S TATS TREASURER LICENSE FEES PAY1 000857 3 239. 25 _MIND STATE TREASURER.MV LICENSE FEES PAY/ 000858 233000 MINN STATEE T EASURER STATE 01L FEES PA YA f CITY . OF MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE 09 i3 -82 PAGE CHECK*A M. O U N T C L A I M A N T P U R P 0 S E _ ...._ - 000859 46.00 W ISC CHAPTER APA TRAV t TRAINING 000860 43o68 THE CONCOURSE RAVEL TRAINI 0 00 861 111.00 GRAYSAR ELECTRIC CO NCI MA MA TER IAt 0008 . 62 242.9+8 LAURIE JO PO SSIN MIA } -GES, PJT TEMP. ANDow TRAVEL f TRAINII 000863 234.08 MINN STATE TREASURER STATE D /L. FEES P VAA I 000864 3, 589.50 MINN STATE TREASURER MV LICENSECNSE FEES PAYS 000865 1, 891.27 MN STATE TREA SURER —PERA CONTRIBUTIONS, PERA 000866 39 951. 03 i N STATE TREASURER --PERA Po E.R.A. DEO P AYA DL( AND — CONTRIBUTIONS, F 000867 8, 477.72 _MN STATE TREASURER PERA _PoEeR*A* DEB PAYABLI AND — CONTRIBUTIONS, F 000868 8.08 METRO AREA CT ASSOC -TRAVEL }' TR .AIN I IG 0 00869 49 303,w 33 MINN SPATE TREASURER!V LICENSE FEES PAYi 000870 286. 00 MINN STATE TREASURER AST TE D/L FEES PA YA 000871 105.50 RA MS EY CO CLERK OF DIST -CNTY D/L FEES AP YAK 0 00 872 2 :7D8, 5fl MINN STATE TREASURER MV LICENSE FEES PAYS 0 175. 00 MINN STATE TREASURER STATE 0/L FEES PAYAE 000 5. 50 .__S ITATE F MN -SU PPL IES, PROGRAM 146.00 MINN STATE TREASURER STATE D /. FEES PAPA F 000876 3, 330.45 MINN STATE TREASURER MV LICENSE FEES PAYS 000877 333.15 ICMA RETIREMENT CORP CD OMP PAYABI AND- mDEFERRED3 C O MPENS. 000878 16, 030.91 MAPLEWOOD STATE SANK - - -_. __ ._ _-.._ _-FEDE INCOKE TAX PA YA E 000879 200 .00 MN STATE RETIREMENT SYST DEFERRED COMP PAPA 8 i 000880 7, 549.39 STATE OF RN STATE INCOME TAX PA) 000881 297.43 AFSC ME LOCAL - - - --UN I CN DUES PAYABLE AND —FAIR SHARE FEES CITY OF MAPLEWOOD A C C 0 U N T S P A Y A 8 L E DATE 09-m13"082 PAGE CHECK*A M 0 U N T C - L` A- -.I M A N T P U PR 0 S E 00D8$2 24.00. _-METRO- SUPERVISORY ASSOC UNION DUES PAYABLE8LE 0 0 0 88 3_277000 MN MUTUAL LIFE INS CO DEFERRED 81COMPPAYA 000884 187.50 NAP LENOOi STATE SANK NAG E DEDUCTIONS PAYi 000885 283090 N BENEFI . -M8A INS PAYABLE OQ086 152.1t WISCONSIN 0 .. ... P3 OF REVENUE STATE INCOMEME TAX PA) 000887 145. QO ROSEMARYMARY KANE WAGEF DEDUCTIONS PAYA 0 10, 985.00 _CiTY t CT Y CREDIT -UNION CREDIT UNION DED PAy 000 889 14,334. 80 MN STATE TREASURER -FI F. i. C. A. PAYABLE AN Q :DUE 3'O OTHER GO 0 60. 00 NORTNCENT RAL A TRArEL f T RAINING 000891 237.00 CAPITOL SUPPLY COMAINTENANCE MATERIAL 179 MIEN STATE TREASURER STATE D/L PEES PA YA f 000893 4,969.75 MINK TS ATE TREASURER _NY LICENSE FEES PA 000894 5, 5b 0.25 MINK STATE TREASURER MY LICENSE FEES PAYS 00 895 299 00 MINN STATE TREASURER STATE D/L FEES PA YA F 8 49147 1, 895. 05 MINN STATE TREASURER _ - -- -MV LICENSE FEES PA YA 86 2 81, 972.79 NECESSARY EXPENDI SINCE LAST COUN MEETING CITY OF MAPLEWOOD A C C 0 U N T S P A Y A 8 L E DATE 09 -i3 -82 PAGE HE CK A N 0 U N T C L A I K A N T P U R P O S E 01410 3 69. 01 ACE HARDWARE MAINTENANCE MATERIAL AND- SUPFLI£S, £QUIPt 014104 17o94 ADVANCE LIGHTING INC St1PPLIES EQUIPMENT 01410 5 309 ALLIED BLACKTOP CO CONSTRUCT ION OTHER0E 014106 71,000 EARL F ANDERS f ASSOC MAINTENANCE MATERIAL 014107 570.00 AQUAZYME MIDWEST FEES: SERVICE Chemical Toilets 01 4108 415.20 AUTOCQN INDUSTRIES INC REP. t MAINT., UTILI 014109 135.50 BSN CORP.SUPPLIES, PROGRAM 14110 1, 681.50 JAMES BAHT FEES SERVICE Htg. Inspector 014111 37034 BATT t TIRE WHS£ INC SU PP LI E,S, VEHICLE 014112 45.00 CITY OF BLAINE FEES, SERVICE- Plan Tornado Shelters 014113 3 261.28 BOARD OF WATER COMM OTHER CONSTRUCTION 014114 205.56 BOARD OF WATER COMM UTILITIES 014115 103 :44 BILL BOYER FORD SUPPLIES, VEHICLE 014116 19. T5 BROWN FHOTO FEES, SERVICE AND-- SUPPLIES, OFFICL Photo Ref inishi.ng 014117 30000 BURLINGTON NOR IHERN INC FEES, SERVICE Permit Fees 014118 72076 CHAPLIN PUBLISHING PUBLISHING H4119 6061 CHEYENNE COPY CTR FEES f SERVICE Enlargements 014120 32.75 COLLINS ELECTRICAL. CONST FEES, SERVICE Connection on pipes 014121 220.00 COPY DUPLICATING PROD DUPLICATING COSTS 014122 2. E5 COPY EQUIPMENT SUPPLIES, OFFICE 014123 4, 525. 12 DA VI ES WATER EQUIP CO CONSTRUICTION OTHER 014124 1011.00 DAVID V UOODS SUPPLIES, OFFICE 014125 200000 BARRY EVANS VEHICLE ALLOWANCE C14126 25.95 FEDERAL LUMBER CO MAINTENANCE MATERIAL CITY OF M APLEWOOD A C C O U N TS P A Y A B L E DATE 09-w13-m82 .PAGE CHECK *AMOUNT CL PURPOSE 014127 25.76 GLADSTONE LUMBER MART -- -MAINTENANCE MATERIALERIL 454.52 GOODYEAR SERVICE STORE SUPPLIES, VEHICLE AND -w REP. t MAINT01 V 014129 18000 HI SDAHL TROPHY VIKING SUPPLIES„ OFFICE 014130 20.70 INTL BUS MACHINES CORP SUPPLIES, OFFICE 014131 23. 75 JOLLY TYME FA VORS SUPPLIES PROGRAM1R 014132 209090 XOKESH ATHLETIC SUPPLY SUPPLIES, PROGRAM 014133 653.11 KNOX LUMBER COMPANY MAINTENANCE MATERIAL AND -SMALL TOOLS 01404 T, 981.14 KUNZ OIL. Co INVENTORY OF PPSU LIL 0 14 135 6 LAIS BANNIGAN + KELLY FEES, SERVICE AND -LEGAL + FISCAL July Services 014136 32.50 RICHARD J LANG SUPPLIES, PROGRAM 014137 87.75 LEAGUE OF MN HUMAN RIGHT SUBSCRIPTI N +M MOSE BE F 0 1413 8 14.65 LES SUPERETTE SUPPLIES s PROGRAM 014139 65. 97 LONG LAKE FORD TRACTOR _SUPPLIES, VEHICLE 014140 120.75_HA ASSOCIATES INC CHEM ICALS 014141 326.70 M. R. SIGN COMPANY INC SIGNS f SIGNALS 014 14 2 19183000 MAPLELEAF OFFICIALS ASSN FEES, SERVICE - NJCAA Summer Softball 014143 257.26 MAPLEWDOD FOODS SUPPLIES. OFFICE n AND - SUPPL P RO G RQ 014144 21. 95 lAPLEWDOD FOODS SUPPLIES, PROGRAM* 0 14145 19.55 MERIT CHEVROLET CO SUPPLIES, VEHICLE 014146 8T, 939.93 METRO WASTE CONTROL COMM SEWAGE TREAT4E4T 0141 DANIEL METTLER SUPPLIES, PROGRAM 014148 155.76 MPLS STAR t TRIBUNE CO PUBLISHING 0141+9 125. DO MN DEPARTMENT PUBLIC RENTAL. EQUIPMENT bw CITY OF MAPLFWC3t30 CHE AM 0U N T A C C 0 U N T S P A Y A 8 L E C L A I M A N T - DATE 09"013 PACE PvRQO SE 014150 014151 4, 210. 00 5• 58 DEPARTMENTHT PtBLIC STATE AGENCY REVD LVI NG EQUIPMENT s OTHER AND-EEES, SERVICE Computer modificatic FEES, SERVICE .. 014152 -2 ,v576.00 YINFIELD M ITCHEL EES, SERVICE 014153 014154 014155 014156 01415 7 41. 00 10. 08 3,530.27 2$• 60 289.38 MON ROE CACALCULATORTOR CO CITY .OE MOUNDS VIEW . CITY of MOUNDS VIEW NATIONAL BUSI NESS SYSTEM NATL EIRE PR CT ASSN AND- 1.EGAl + FISCAL' July Appraisal REP. + MEAINT., EQUIP SUPPLIES, PRQGRAN EES, SERVICEataProcessing Z=EES, SERVICEMicroficheprocessir, SUPPLIES9 PROG 014158 014159 _ 014160 0.0 ^ 257.59 i :340.55 NATL REC + PARK ASSN _. .- _ NORTH STAR WATERWORKS NORTHERN STATES POWER CO SUBSCR I PT I ONSf MENBEF MAINTENAN MATERIAL UTILITIES 014161 s 028. 9161428991 'NO RT HERN STATES POWER CO UTILITIES 014162 21.20 NORTHERN STATES PO CO UT ILITIES 014163 553.28 N ORTHERN STATES POWER CO UTILITIES 01416 19411.78 NORTHERN -R HERD STATES POWER CO UTILITIES 014165 96, 205.98 NORTHWEST ASPHALT INC C O NSTRUCT ION OTHER 014366 367*32 NORTHWESTERN BELL TEL CO TELEPHONE 014167 980.40 NORTHWESTERN BELL TEL CO TELEPHONE 02416 $2, 270.68 _.__..,NORTHWESTERN BELL TEL CO TELEPHONEPHONE 014169 532.40 NORTHWEST ERN BELL TEL CO 11 - _ -___ TELEPHONE 014170 935.52 _NORTHWESTERN BELL TEL _ CO TELEPHONE- 282e93NORTHWESTERNBELLTELCOTELEPHONE 014172 "362.75 NORTHWESTERN BELL TEL CO TELEPHONE 014173 6. Ofl YERNE NU TES QN TRAVELEL TRAINING CITY OF MAPLE•OOD ACC TS PAY ABLE DATE 09-m13-w82 PAGE CHECKS A M 0 U N T C L A I ...... H A N __. T P U R.P 0 S E 1i. 50 CFFICE PRbD_U OF SUPPLIES, OFFICE ai4i75 15* 00 OSWALD FIRE HOSE TE AN CE MATERIAL 014176 63e75 H. Ro PETERSON CO SUPPLIESp VEHICLE 014177 2i. 84 DAVID J. PILLATZKE TRAVEL + TRAINING 014178 0 45 --- -J PRE TRAVEL + TRAINING 014179 37o84 RADIO SHACK SUPPLIES, EQUIPMENT 014180 506*85 RAMALEY 'PR_ INTI'NG SUPPLIES* EQUIPMENT 014181 10. 00 RAMSEY CO CHIEFS OF PO SUBSCRIPTIONS+ MEMBEF 014182 49.42 RAMSEY COUNTY Datei Processin '.. 014183 459.58 RAMSEY COUNTY TREASURER FEES, SERVICE AND-wOUTSIDE ENGINEER OJL4184 37030 REEDS SALE S + SERVICE Data Processin BUFFET ES PROGRAM 01418-5 49.50 - ' - ' -- 'RICE STREET CAR WASH REP* + PAINT*.* VEHIC 014186 RICE STREET CAR WASH REP* + PIAINT, VEHrc 014187 98004 ROONEYS NURSERY MAINTENANCE MATERIAL 0 18 8 12. 75 RYCO SUPPLY CC SUPPLIES, JANITORIAL 0X418 9 529e29 S + T OFFICE PRO DUCTS SUPPLIESw EQUIPMENT AND-nSUPPLIESt OFFICE AND-w SUP FLIES, VEHICL 014190 3,9522,*60 T A SCHIFSKY+ SONS INC-MAINTENANCE MATERIAL 014191 31. Si SCIENCE MUSEUM OF MINN 8 0 OK S ANO-mSUPPLIES* PROGRA 0.14119 2 4 6* 22 SELECT SERVICE + SUPPLY MAINTENANCE MATERIAL 014193 931.94 J L SHIELY CO MArNTENANC -E MATERIAL 014194 273*50-SPEC IALTY__-RAD10 SERVICE SUPPLIES9 EQUIPMENT 014195 330 91 CHRISTINE SOU TIER FEES9 SERVICE AND—TRAVEL + TRAININ Film Processing. clrY OF MAPLEw000 A C C 0U H T S P A Y A g CHEC . K DATE 09 -13 -82 PAGEE 0 C L A I H A N T - --P U R P Q S E 9 602419 211090 CITY Of ST PAUL 014197 1, 928.70 CIT O F STI - Y PAUL FEES SERVICE Crime Lab Servic REP • + M A I N T . , E Q U I AND -REP. f NAINTo g 014J98,* AND - SUPPLIES, EQUIP 214. 32 ST PAi1l DI SPA TC#j FEES, SERVICE AND PUBLISHING01419995. 08___T PAUL + SUBURBAN 8_u Adult Spec. Eve nts 014200 "'RENTALS EQUIPMENT 1$- 52 P AU L I NF STAPLES TRAVEL ; TRAINING 01420 i AMD-w SUPPLIES, PROGRI 24.75 STA MEDICAL INCT 014.202 SUPPLI ES 9 EQUIPMENT 38058 ST D SPRING + ALIGNMENT REP. f MBA I NT. VE H.I(014203 780. 00 STEW ART PAINT NF G Co 014204 MAINTENANCEE MA TERIAI RA MER I CASUPE FUEL CIL 014205 111e50 TA BULATING SERV BUREAU FEES, SERVICE01420663.87 _Data Processing 014 2D T SUPPLIES, PROGRAM 23.97 TE S SMAN SEED - f CHEMICAL MAINTENANCE MA TERIAt01420825,18 8.22 Tp LZ,KING DUVALL OUTSIDE ENGINEERING AND-FEES CONSULT IN(014209 i 9. b4 ME R8 TOUSLEY FORD INC SUPPLIES, VEHICLEOi421014* 50 F --TRIA RCO ARTS } CRA TS 014 21l SUPPLIES PROGRAMGRAM THIN CITY FILTER SE RY IN SERF IC E 014212 117 TWININ CITY HARDWARE CO ilters Cleaned 14213. MAINTENANCE MA TERIA ! s 542.30 TWIN C ITY __ TES T I kG UT SIDE ENGINEERINGE 014214 -_ - -_ - ------x.48.40 UNION ,N OIL CO 0142.15 INVENTORY OF SUPPLIE 456. 82 VALS BODY SHOP 014216 245. Ott_ _____._. REP, f MA NT. s VEHI VIKING INDUSTRIALL CENTER EQUIPMENT - - _s OTHER014217391+* 83 VIRTUETUE PRINT iNG CC SUPPLIES, OFFI CITY OF MAPLEW400 A C C 0 U N TS - P A Y A B L E DATE 09 -13 -82 PAGE CHECK A H 0 U N T C L A I N . A N' T P U R P O S E C14218 82.53 WARNERS TRUEVALU HE DW MAINTENANCE MATER IA1 AND -SMALL TOOL S Qi4U9 28. . -WEBER f.__R TROSETM INC REP. f MAIN'. EQUri 014220 825.00 WHITE 1EA R 1.K SPORTING SUPPLIES, PROGRAM 0 14 22 1 157.40 WINDSOR LANDSCAPING INC MAINTENANCE MA TERiAl 014222 50.00 WOIFES --SUPPLIES. PROGRAM 01422 3 7, 331.00 W OODBURY MECHANICAL REP. + MAINT. UTIL. C14224 292. 05 XEROX CORPORATION DUPLICATING COSTS 014225 8, 183. OQ YocuM flip CO INC INVENTORY OF SUPPLIl D 14 22 b 11.38 2 I EG LER INC _.- --SU PPL i ES, VEHICLEICLE 014227 i2b. 75 ELIZABETH CASSEDAY WAGES, P/T f TEMP 4228 223. iT LISA MARIE DELMONT WAGES, P/T + TEMP. 0.1422 9 224. ©t GERALDD DIESEL WAGES, P/T + TEMP. 014230 .,219.78,LINDA R DOUGHTY WAGES, P/T + TEMP.. AND-TRAVEL TRAINIJ 014231 249.28 MARY FOWLER WAGES, P/T f TEMP. 014 232 331.85 JULIE FREEMAN -SUPPLIES, PROGRAM AND - WAGES, P/T f TES AND TRAVEL + TRAI NIA 014233 ::19/.81 CHRIS GAL DRA IT WAGES, P/T f TEMP. 014234 „132.32 T HEW HAAG WAGES, P/T f TEMP. 014235 290. 00 KARI N J WERSER - -_- -._ _ -- - --WAGES, P/T f TEMP. 0.14236 229915 CAROL JEAN HE I MERL WAGES, P/T TEMP, ANDm TRAVEL t TRAINI 014237 246.50 KART JO KIELSA RAGES, P/7 + TEMP. 014238 351.00 -KATHRYN J.._ KROFTA WAGES, P/T #TEMP. AND- =TRAVEL + TRAINIt 014239 267. 90 -MICHELE ANN MQHRE _ - __RAGES, P/ 7 + TEMP. CITY OF MAPLE-WOOD A C C 0 U N T S 'P A Y A B L E 0 TE - -A 09 13 S2 PAGE K CHECK*A M 0 U N T C L A I N A N TP U RPO S E 014240 JULIE MCC OLLUM WAGES, P/T }TEMP. 014241 268.49 JULIE MOT2 PROGRAM ANO- -TRAVEL + TRAINII AND- WAGES P/T + TEt 014242 240*62 CRISTIN ANN NOESEN WAGES, P/T #TEMP. 014243 138.75 DAVIO BRIAN OD EN WAGES- P/T + TEMP. 014244 216e27 NANCY A PERSON .WA GES v P/T + TEMP. 014245 60.00 PAUL PETERSON' ERSOM WAGES, P/T } TEMP. 014246.240000 LAURIE JO POSSI N WAGES, P/T + TEMP. 014247 9088 ALBERT RASCMKE TRAVEL } TRAINING 014248 4 08.00 JEFF ERY RASCH KE WA GES P/ T +s TEMP. 0.14249 167.81 VINCE ROTHTH WAGES, P/T } TEMP. 014250 283.12 GWEN SHERBU RNE WAGES, P/T + TEMP. 014 37.18 KATHLEENLEEN SPANNBAUER TRAVEL + TRAINING 014 25 2 214.96 ANN R MST0 MER WAGES, P/T f TEMP. AND - .TRAVEL + TRAININ 014253 3 84.97 _DAWN MARIE S PANNBA UER WAGES, P/T + TEMP. 014254 6.05 TARGET SUPPLIES, PROGRAM 014255 38. 08 -WATER ENGINEERING f MGM _-SUBSCRIPT I ONS+ MEMBER 014256 11000 CAROL MARTIN ONS R E FU N D 154 332-9403e54 CHECKS WRITTEN TOTAL OF 240 CHECKS TOTAL Indicates items financed by-recreational fees TY OF MAPLEWOOD PAYROLL REPORT PAG_ 1E 3 CERTIFICATION REGISTER CHE DATE 08 -27 -82 CHICK NAME GROSS PAY NET PAY 04794 ANDERSON NORMAN G 275900 181.95 04795 BASTIAN GARY W 275.00 256.57 04796 G R E A V U - _ _ -- --J C H N - -- ..3 5 0. 0 0 2 54 61.. 04797 JU KER FRANCES L 275.0 0 230o20 04798 MAIDA MARYLEE T 275.00 239.04 04799 Bt HM LOIS --N 586.62 _407,o44 _- - 0 48 00 EVANS BARRY R 1,1 89 0 09 04801 P.T.LQQUIN ALFRED J 747.23 193.39 0 48 02 S C HL E IC HE R JOHN F __117,@ 117.94 0 48 03 CURE LARRY 1 191.54 145.44 04804 DOHERTY KATHLEEN M 323930 229.66 04805 Z UEPCHER JOHN L 315.39 115.13 048 FAUST ANIEL F 1, 446.46 950.94 0 48 07 HAGEN ARLINE 888.92 398.58 0 48 08 4A THE Y S AL A NA K 677o54 4 73 a 93 _ 04809 VIjGOREN DELORES A 586.62 399.79 04810 AURELIUS LUCILLE E 1, 350.46 705.29 04811 SELVOG 8tTTY _.D -711.23 457.85 04812 GREEN PHYLLIS C 7 3 8.92 511.71 0 48 13 SCHADT JEANNE L 215.36 178, 28 04814 V ET OR L ORRA I NE S _561.69 381088 04815 HENSLEY PATRICIA A 252.68 197.88 04816 BASTYR DEBORAH A 532. i6 257919 04817 H AGEN - -_ _ -THOMAS it 424. 31 -3 24.08 04818 OMATH JOY L 553039 3.69.01 ITY OF M A P L E W O C D PAYROLL R c P 0 R T CHECK 04819 RICHI 04820 sNOSEN 0 48 21 -_ - A R N OL 0 0 A TCHI SON 04823 3CWMAN 04824-- . rCAHQNS ._ 0 48 25 CL A USON 0482^0 C CLL LNS 04827 OREGER -- 04828 GREEm N 0 48 29 HALWEG 048,30 HEINZ _ 04831 HE'RBERT 04832 JA QUI TH 194833 KORTUS _ 84834 LANG 0 48 35 MCNULTY 04836 MEEHAN, 0 48 37 ME TTL£R 04838 MOESCHTER 048 39 X10 R c L L I 04840 PELTI£R 48 41 SKALMAN 04842 SMITH 04843 STAFNE C N AM = _.._ --___ CAR CAL L QA NN 1 DA VID , .. - -- - --------- J QHN H RICK A ANTHONY - G . -. _ _ _.. _ D --ALE K KE ENE TH RICHARD C NORMAN L K E I I t R S T - MICHAEL DANIEL R DO V . _... RICHARD . HJOHN AM -_ - -..c S = DANIEL 8 RICHA m RAYMOND -- j. - - -- -- - __ WILLIAM F DONALD W S _ - -COTT G --RE GORY L RE G IS T#E R GROSS PAY - 501.23 677.54 1 180.32 11 D 3 6, 15 629 5 4 1 216 -1 .15 1,036 • 15 1 46 6 .43 li 12 .OD 1 207 1, 016.77 . 774; 46 1 016. T7 774.46 692,970 1, 0 5 6.0 0 19 28 6.12 1, X016, 0 8 i036.b 1 1, 0 6 4, 43 1 , 9 p 16. T 7 1, 16 3 . 08 i, 016.77 102. 1,9016e77 PAGE 2 CHECK DATE 08- 27 82 NET PAY 325.48 440.97 433,83 7 02.12 1+32.80 13 9.7 2 16 8, 48 190.02 693.86 - 651e41 1 5 3 7.94 606„59 508.71 48995 538.49 221.18 5 39.54 689.01 175.98 689.89 - 654.69 1 77.21 - 10.2.18 - - - - 647.97 ftop ITY OF MAPLEWOOD PAYROLL RE PORT PAG:.3 CERTIFICATION REGISTER CHECCK DATE CHECK ..h AM .-- __...._ .GRu SS .PAY . _.N E T P A Y 04844 STILL V RIN T 9.97.38 b40.66 04845 S T OC KT ON DA RRE LL T 799 .38 664956 - - 0 4846 -Z A P PA _ .___. _ _ __Dos LPN.. _ ._.._V 2 (189 77 - - -- --7 33a 53 04847 8ECKER RONALD 0 1 s 06 5. 23 2 33.98 04348 CUSICK DENNI S 1, 401.24 882o77 04849 G R A F - - -A I D - - - --0 6 5 2 3 . D 2 04850 LEE ROGER W i iO4 Da 640.02 04851 MELANDER .i, O b 5.2 3 35,i2 . 04852 NELSON.-, _-CA RC) L 1 058. 32 706..64 04853 RAZSKAZGFF 0ALQ t 1.908496 142.04 04854 RYAN M p 1, 06 5.23 493, 0 4855 V O R WE RK RO BERT _E_ _.__I 0 9 4. 32 246.04 04856 YOUNGRE JAM'G 19045 .84 540.61 04857 EMBERTSON JAMES N 49 4,31 627.36 04868 SCHADT ALFRED ----C is 127.54 b74.62 _ 0 48 59 FLAUGHER JAYME L 7 28.36 471.51 0 48 60 FULLER JAMES D 586 .62 428.16 048 NELSON KAREN _...AV. _645.23 408.45 0 48 62 NELSON ROBERT D is 231.60 6609666 D 48b3 RAD INE JANET L 549.69 380 048 64 TUCHNER -MICHELE --A - ..___v 645.23 _-3 24 46 - 04865 WILLIAMS DUAhE 1 055.54 491.97 04866 BARTA MARIM L 481.29 317.65 04867 -. - --HAIDER - __ ._. _._KENNET## --•--C - -1 391 08 - - -22 9.34 04868 WEGWERTH JUDITH A 493.58 353.6E i T Y of MA PL` W Goo CH -. __ PAYROLL C'RTIFICATION NAME—— _ __ -. R.E.PORT REGISTER GROSS PAY PAGE 4 CH = DAVE 08 -2T -82 NET PAY - _.... _ _.__. 04819 CASS W ILLIAM G 1 573.03 04870,FRFBERG RONALD L 842.60 5 20.76 048 71 HELEY R-ONALD .. __.___824.00 048 HOCHBAN JOSEPH H 830.93 560 960 04873 KANE MICHAEEL R 824.00 37 0.60 04874 KLAUSING -fENRY F 844.16 _461990 - - 04875 MEY GE.RALD W 824.00 439.50 04876 a.RETTNER JOSEPHH it 088o 00 6 9 3 .10 04877 REINERT IAR A 824.00 538.88 04878 TEVLIN,JR HA RRY J 871* T 544#39 0 ELIAS JAME.S G 981. b9 609.01 04880 GE.ISSL`R WALTER 970915 -5 8 2.81 04881 GESSELE JAM.S T 893.54 603903 04882 PECK DENNIS L 982.69 4 85.2# 04833 PILLATZKE -DAVID J _ _ ._1, 157. 08 - -792012- _ 0 48 84 W YMAN •JAM=S N 827.45 572.18 04885 L U T Z DA VID p 562. bZ 384.x.8 04886 BREHEIM ROGERc _. --W ._784: 03 s 498.ag 04887 OSON DAVID B 840000 569.32 04888 MUL WEE GGEORGE W 769.60 493.03 . 0 4889 NADEAU - - - --EDWA _RD --A_--887.25..596.43 _ 0 48 90 NU TESON LA YcR Nt S 1, 169. fi0 514936 4891 OWLN ERALDGERALD C 840000 500.$6 0 48 92 -MACDONALD - _.JOHN 908980 459.78 0 48 93 M U L V A N E Y OcNNIS m 878.40 T 536925 QpTYOFMAPLEW D PAYROLL REPORT pAG= 5 CERTIFICATION REGISTER CHECK DATE 08.27 -82 CHECK NAMEN GRO SS PAY NET PAY 0489+BRENNER LOIS J 7,5.65 293.88 04895 K R U MMEL BARBARA A 310.96 153.77 48 9b ODEGARD - - - - - - --ROBERT a.-lit 364 7T 842s 3 _ 04397 STAPLES PAULINE 1 686.35 04898 BURKE MYL S R 824.00 453.82 04899 GrRMAINt DAwIO p 824.0 ..531000 04900 GUSINDA IIELVI N J 1, 088.00 616.11 04901 N t - L`Y ROLAND 8 824.00 548e63 49 200 LE JEFFREY -S 97.97.29 _ 0 49 03 MARUSKA MARK A 829904 531.80 04904 RARENTEAU THOMAS J 320e00 320000 0.4905 RASC HKE -ALBERT F 241.99 216.01 __. _.._ ... 0.6..tVOID T ' - - - --5.8.8.05. . 3 . 1on._ 0 4 9 07 S ANT A REED E 824.00 472981 04908 STARK RICHARD E 256.00 256.00 0 49 09 WARD TROY G 256.00 256.00 04910 WARZEKA RICHARD A 304.50 261.88 04911 SPANNBAUER iCATHLE - N G 563.85 -437. 6 0491.2 ATAUBM N DOUGLAS J 8 04.00 517.20 04913 WARD ROY G 328062 253.25 0.4914 G R W JANET _684* 92 448.59 - -- 04915 SOUTTER CHRISTINE 7 17.03 489934 04916 E B CKCH1.t E JUDY M 7 x.1.23 296.43 0 49 17-OLSON. __ -- - -- --GEOFFREY N --1 340.31 822.75 04918 EKSTRAND THOM -AS G 932.83 673.49 1 ETY OF MAPL= W00D PAYROLL REPORT QAG= b CERTIFICATION R Ulm CHECK DATA, 08.27 -8Z GRDSS PAY _ -- -_NAT PAY 049 JOHNSON RA NDA LL L 932.83 597#83 0492020 OSTROM MARJORIE 1,133.5+709030 04921.WtNGER __..__ _RBRT - J _ _._8 57. 5 497.58 CHE'CK RGISTtR TOTALS 105, 769. 17 58, 355.55 04922 i tSandqus Thomas J 372.88 330.22 CHECK REGISTER TOTALS 1050553.27 58,175955 A MEMORANDUM TO: City Manager FROM Finance Director RE: Budqet Transfer - Severance Pay DATE: September 2, 1982 44"" - ). A budget transfer is needed to finance the severance payment to.be made to Lt. Cusick and to provide monies for possibl additional severance payments during the balance of the year. The attached excerpt (Note #4) from the City's 1981 Annual Financial Report provides background informa- tion regardinq severance paymen The initial and subsequent 1982 appropriations for severance pay total $54,750. Expenditures. to date total $54,513. Estimated expenditures for the balance of the year are 25,000. Normally a transfer from the contingency account would be recommended to finance these unanticipated expenditures. However, the contingency account balance will be zero if the Council approves the recommended budget transfers for the Hi ghvi ew North Judgement (see memo dated 9 -1 -82) . An analysis of the budget status for other accounts indicates th there is a S urplus available in the account for full-time wages i n the Police Services Division of the Public Safety Department (101-402-4010). Therefore, it is recommended that the Council authorize a $25,000 transfer from this account to finance the estimated severance payments for the balance of 1982. CITY OF MAPLEWOOD, MINNESOTA Exhibit A -6 Pa ge 5 of 13 NOTES TO FINANCIAL STATEMENTS December 31, 1981 No 3 CONTINUED) 3) a City contributes to the Maplewood Fire Fighters Relief Asso ion whi is an independent body that administers a pension p for a PP roximatelymembers. These members are .volunteer fir n but are not employees of City. Instead they are employe of three separate fire departments, which - are organized under sta aw as independent non- profit corporations. ftr., 1980, incom the pension fund consiste _d of 58,946 state -aid, $34, 085 env s nt interest and $30,170 from the CityofMaplewood. In 1981, the y tributed $32,000 according to a stat- utory certification_ of nding require is dated .July 24, 1981, the P ro-jetted unfunded ac ed liability for Dece. 31, 1981 of the pensionfund` was $275 Accor g to State law, the City Attorney has indicated tha a relief a ciation cannot legally force the City to fund the association en- s ion benef its . Note 4: UNPAID EMPLOYEE BENEFITS Accrued liabilities for unused vacation leave, sick leave, and compensatorytimeofftowhichemployeesareentitledarenotreflectedinthefinancialal statements ' of the individual funds. However, the City's annual budgetincludesanappropriationeachyeartofinanceestimatedseveranceapymentsequalto10% of the previous year's accrued liability. On December 3 iY , 1981and1980theseemployeebenefitswerevaluedat: December 31, 1981 December 31, 1980 Portion Portion Payable As Payable As Value Severance Pay Value Severance Pa Vacation $ 158,221 $158; 221 $130, $130,461 Sick leave 834 341,150 701, 454 240,718 Compensatory time off 17,635 17,635 26,323 26,323 Totals $1,010,583 $517,006 $858,238 $397,502 Vacation and compensatory time off is payable when used or upon termination of employment• Sick leave is payable when used and in some cases upon ter - urina of employment. For sworn police officers, sick leave is payable upon retirement or termination under satisfactory conditions after at least ten years of service at a rate of 50% times accumulated sick leave up to 300 days. All other permanent employees are eligible to receive severance aP Yforsickleaveuponterminationatarateof50% times accumulated sick leave up to 100 days* In 1978, severance pay for sick leave was discontinued for certain new employees hired. State law provides that severance pay may not exceed one year's pay. Hsu Lof2Act.ilo-LNL I--,. Co MEMORANDUM End Rr- j c TO: Cit Mana Dat FROM: Finance Director RE: Termination of Aqreement With 3M Compan for Fire Protection DATE: September 2 1982 The attached memo from the Fire Marshal indicates that there is no need to continue the a with the 3M Compan for fire protection. I have reviewed this matter and concur with the Fire Marshal's recommendation. The a presentl in effect has been somewhat of a "nuisance" item for the Finance Department for budgetin billin and pa The estimated amount to be received each year from 3M is included in the bud as an estimated revenue item (Account 3622). The same amount is included in the bud as an estimated expenditure item in the Public Safet Department, Fire Fi Divisionion {'Account .4480). When a bill . is received from the Cit of St. Paul for fire protection services at the 3M Compan the Cit bills the 3M ComDan the same amount throu the accounts receivable process., When the 3M Compan pa the bill,. their check is recoipted and deposited. At that time, the Cit processes pa of the bill from St. Paul throu the accounts pa process. Approximatel a half-dozen bills are processed each year under this a Since the Fire Marshall has indicated that there is no need for this agreement, it is recommended that the Cit Council authorize termination of the a cc: Police Chief Fire Marshal cssxsrs 8 , t.d• and .nt card iato this 1,6 1967, br sod brt AND XMWAMMM ttPJfY, a Del.axare c orpo' rstl aa, bar U wed ltiaaso ta, and the cw mmmpw, a a=i c3 peel catporat aa, ssd and *:dst .8 vender the lave of the Ststa: ' of Dies ota, called WITNIa82TR gnaw .w I (k y / 196T maan ' Af A , g e'+rood and the City of ft Paul 't Kime sots, aatwed into sa t, a CO of vbich is attsch`d bereto mar the ttrw a viiicb the Ci t''r Of St. PWa agreed to bleb and provide llre ' pratoc service for the protecrti ca of . rt1 deis cribsd as ! I Owg X11 of the Scmth one -halt of Sic ti °° 36, Toga ship 29,R a 22 W*st of the 4th P3a c i iPal dsaa except thoseA-L- =a tak en for roads sod of (Phrt saidSmthcae - hal! (B 1/2) betrg platted IntoOutlatsPlatat Tuaaer • IceUstbitesaidIOUeQgrove, Ta=er'sLakeA!ld,i ti aas .) Zbe greater portl bowaded .t, said 1.ard, beiabythe -Om I i.re cd G .as the die s t by the Dia ' -« - _ . , . Q...:are t osd; an ,•BUt by COO" Ay ue rtd its relooati cm novasTtab erect220 ), and geasi%U v on the South bTicDO. 12, and WlREAB, The aba* described P'j'oPat'ty ie vrned by ltinaM&,a, TRWUWMo The Paorties ,bereto egree v llwtoe: . ARTIQL.i 1 lElaaesota agteea to reiaburse laRla+rood tar or py m balt o *apizsraoQ all amouatm Di31ed by the City of 8t. Paul ion lire prouctioa sc• wader the Leru of the above watiaoed agreemaot aad w ameodmecte tberee, talirg to kianNOu'• rtY is the Vilyge of Maplerood. IIRTICLa 20 !linaesota haby .W*es to sBnume and to Dcame bauid Y alI of the other obllgatians aasmed b .Y KaPk+ood under the ann aS the saiQ aforedentionad agreemct Detveea ;MV1w+Ood and the City of 8t. Awl covering the llitnishirag Of firs protoct3an for Miaaosota'• porcPet'C7, lacludia but not limited to Lbe 1aQow1t sud "To ,les• prw3aiaos; "low 2Ag the City of Ht. Yiul, its cfticers, ag R and am lhm s tam cc lw9 re rut ing from Y f the failure to twniab or delay is fhrn 1 shing am or a to s o'=" t'r'y fr lu re t Prevent, caotrol, or mtiDSuish Y a or contlagfttfam vllether reauIt ;'uc the nag Ligeace of the Ci t r, its ciffi c er s agents or employees cor cotberwis e; reiar- tursezer:t for the city fy st. P La ror all loss or e to the cit o evi Pmedn t Vi ile be'.ag used to furnish fire porotection sarvice to kianesdtal s Property. t AMULZ escta eesa6i' that a tl claims against lewood and the City of St. Paul aari sing in an inner3' from the nagligGm ce of the Cit of 8t •Y Paul, its offic agents or empI oyree s or otherwise, in the ?1urtli shiJig or failure to ftmish or defy in fumishitg fire otetF' i orn see -vice to arsd for the protects an Of Mimesota s poPer -ty includi •ng Y ri of s•sb rcagat i as by Mi nnee ata s in sur- aace carrier are bereby Vaired b Minnesy ote and M1 naesata shall p'tty so noti its insur" ce carrier. Thi s Agreement shall be for a continuaia teak rubject, barever, to can c a11a i on by ei th+e r party by the i8 viog Of thirty (30) days prior vrittan notice to the other peat -tJ • IN The Partle s hereto have set their hands and s 1 I .F day " Y"&1' first Above Witten, In Pre•amca x i r ynIAAGs OF PAPLRWooD By BY ,s. ! • dF MOMMOOMM C L 90TA M' I4G AKD lUINIJFACIRZC &An s f _ By r .. Vice Fretident FIV • - MEMORANDUM Ac t L n jr S TO: City Manager ate FROM: Finance Director RE: Renewal of Employee Disability and Dental Coveraaes DATE September 3, 1982 PROPOSAL It is proposed that the following one -year contracts be renewed effective October 1, 1982: Lone -term disability insurance with Connecticut General Self- insurance dental plan with Employee Benefits Plan The renewal of the Connecticut General contract without bidding is in accordance with State law that requires employee group insurance be rebid once every 4 years unless there is a premium rate increase of 50 percent. Bidding is not required for self-insurance plans. CONNECTICUT GENERAL Bids were taken on lone -term disability insurance in September, 1979 at which time Connecticut General Life Insurance Company was awarded the contract. This firm has indicated that there will not be an increase in the premium which is presently $1.22 per $100 of coverage. EMPLOYEE BENEFIT PLANS The Ci has had a self- insurance dental plan administered by Employee Benefits Plan since October 1, 1978. This plan has been an option to the dental coverage provided by G.H.P. (as medical coverage with. G.H.P. is required in order to recei G.H.P. dental coverage), Employee Benefits Plan has indicated that it will administer the City's self - insurance dental plan at the same cost as the past three years, which is 8/ of the claims paid. The annual consulting fee i being raised from $300 to $400, which is the first increase in three years. The premium rates for this plan are set administratively at a rate to ensure adequate funding and based upon the consultant's recommendation. RECOMMENDATION N It is recommended that the existing. one -year contracts for employee insurance be renewed (as outlined above) with Connecticut General and Employee Benefits Plan. DFF :1 nb MEMORANDUM C + r IT i , ,-+ rz f 3 e:z TO: City Mana Re FROM: Finance-Di rector RE.: Public Hearinq - 1983 Budget DATE: September 2, 1982 Federal revenue shari nq regulations require that the City publish a notice of its budoet hearinq no later than 10 day beforeefore the meetinq.It is recommended that the City Council schedule this heari n for 7.00 .m. Thursday, 9 p y October 7th as the city must certify its 1982 tax levy (payable i n 1983 ) to Ramsey County no later than October 11th, OFF :1 nb MEMORANDUM T0: City Manager FROM: Finance Director RE: Budget Transfer - Highview North Judgement DATE: September 1, 1982 Act - b .1 According to John Bannigan's August 30th letter, the City's share of the above judgement is $78*,377.83. Of this amount, $32,868.70 w i l l be covered by insurance. It is recommended that the $45,509.13 balance be financed by budget transfers from the following accounts: 42,760 101 -199 -4910 General Fund Continqency 1 203- 199 -4910 Revenue Sharing Fund Contingency 755 203- 111 -4360 Revenue Sharing Fund Newsletter Publishing 45 Total The first two transfers above will reduce the balance in these contingency accounts to zero. The last account listed has a surplus due to Maplewood In lotion being published quarterly rather than bi - monthly, Wit. z: 7 RESOLVED, that of Election Judges the City Council of Maplewood,p for the 1982 Primary Election, Minnesota, accepts Tuesday, the following list September 14 1982: Precinct No. 1 Eleanor Mathews, Chairman Lorraine Schneider Maryls Hartman Mike Wa s i luk Precinct No. 2 Pat Thompson, Chairman Evelyn Ax dah 1 Kathleen Dittel Bea Hendricks g Precinct No. 3 Barb Leiter, Chairman Charlotte Wasiluk Lynette Leonard Betty Emerson Precinct No. 4 Caroline Warner, Chairman Joyce Lipinski Marjory Tooley Elsie Wiegert Precinct No. 5 Jeanne Hafner, Chairman Emma Klebe Sibbie Sandquist Phyllis Erickson Precinct No. b Kathy Supan, Chairman Linda Prigge Joanne Houghton Joyce Schmidt Precinct No. 7 Betty Haas, Chairman Myrtle Malm Wyman Hageman Judy Widholm Precinct No. 8 Jean Myers, Chairman Lorraine Fischer Rita. Frederickson Edith Stottlemeyer Precinct No. 9 Ida Szczepanski, Chairman Mary Johnson Dolores Mallet Betty Berglund Precinct No, 1Q Anne Fosburgh, Chairman Mary Lou Lieder Dorothy Arbore Pat Werden Precinct No. 11 Dolores Lofgren, Chairman Maxine Olson Shirley Luttrell Margaret McDonald Precinct No. 12 Mary Libhardt, Chairman Deloris Fastner Mildred Dehn Audrey Duellman i Act. Y Ci.MEMORANDUM 71nE .r-r TO :City ManagerFROM: Associ ate Planner--Johnson eJohnsonSUBJECT: Time Extension Planned ........_..__. OWNER: Unit DevelopmentAPPLICANT - ....ER: P. J. GaughanDATE: August 31, 1982 Request Approval of a one -year time extenss on for a planned unit development onStillwaterRoadandStillwaterAvenue. Proposal A 192 unit development, 'p ,comprised of two primary structures. Status Due to difficulties in securing financin •g 9 as well as a seriously depressedhousinggmarket, the developer has not been able to •The developer anticipates ge this project underway.p • c pates that the housing market will improve durinextyearpermittngthedevelp the p nt to proceed. Recommendation Approval of a one-year time e Y extension for P.J. Gaughan ' planned unit develo -ment at Stillwater Road and Stillwater Ave p conditions have on the bass s that marketvenotpermittedthisprojecttomoveforwardduringyearandtherehave .9 the pastbeennochangedconditiowhichwouldjustifyadenial, I r BACKGROUND Past Actions 9- 13 -79: Council approved thepp subject planned unit development with thefollowingconditions: 1. Approval is for the use only and does not include s i to 1 an approval.p 2. This approval expiresres building -p within one year i f a permit has nott been 9 -4 -80 and 8- 20 -81: One -year time extensions were approved by Council. ZZ Enclosures: 1. Location Map 2. Property Line Map 3. Site Plan 4. Applicant's letter 'of Request M A RYU KE ItD. f G - Ewavwr Lake Estates - > - LL cc KHART r-DOLPHin DR. = cCOY07 - F LA. BOBG4T LA. W14Y 8150N DR. Q 1 BISO/V DR. / M)GER L.A. O Q AA(BER D EERRELD DR E. MARYLAND AV EERC•4LE East County Line I ZO 3I ROAD Fire Station 69 Btover Q ^_ MAGN AVE. AVE W P C o k e Ekm. scl. cr S N W PL CASE .69 o z HARVESTER v AVE + — W ~ AYE..: c m 2 > b 7ivnsfi9ur&i0n C A £L, LA. BRAND AVE=3 - RD cr ST. x 8 Sc% a A/rhor/ Lane Sily E. ST. z Er7 TH T; T29N A , BUS 5 AVE. Q R22W 2l -- S R21w 36131 t W Q m ? - Yt N MAMA AVE. 70, q P. J. GAUGHAN, INC. 1. LOCATION MAP E TITlONER SPECIAL USE PERMIT = ] EQUEST - N Ili d ' •i 1 f 1/ S + iiAq ? (Jn rs 6 too = u C A5 E AV E i ra AV P-2.. ? v X16 M — —O 1 1s ) tOi.9 1Z lit s7 AC4 .5b+.... t _ _ 0 u:j$0C ' Z. Z , O y - 121. b s 4 OIL• v sj o l0 L a 24 '04O O1S55 o -v si 1 C r r. x Z I^ V : f ( u. 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E-TITIONER SPECIAL USE PERMI - PUD ZEQUEST ci Construction 464 -7400 Management 464. -4600 The Gau CompaniesGaughanLandIncorporated, P.J. Gaughan, g , Inc., Gaughan Management, Inc.1068 So. Lake Street, Suite 210 Forest Lake Minnesota 55025 August 25, 1982 Geoffrey Olson Director Community Developpent City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Dear Mro Olson F P. J. Gaughan, Inc. has unit .development for ' an approved multi- family plannedtheSoutheastintersectionofStilRoadandStillwaterAvenue. The lwater expire unless an extenti approval for this PUD is toonisrequestedandgrantedfortheplannedunitdevelopmentaroyalPpDuetodifficultiesinsecuringfinancingforthisproasseriouslydepressedhousing well as due to the ng market, P. J. Gaughan, Inc. hasnotbeenabletogetthisprojectunderway.. Therefore,Gaughan is requesting a one year P. J' a Y extension in the PUD approval.It 15 anticipatedted that the housing market will be improving overthenextcalendaryearandwewillhavethisprojectunderconstructionwithinthenexteyar. If you have any uestion to call me q s on this request please feel freat464 -7400. e Sincerely yours, Alan J. Hamel, Director of Planning and Development P. J. Gaughan, Inc. AJH /bg Land Development, Construction, Propert M _p rty anagementEqualOpportunityEmployer AUB 2 F W i MEMORANDUM TO: City Manager FRO -M• Thomas Ekstrand -- Associate Planner SUBJECT: Preliminary Plat Time Extension LOCATION: South of Londin Lane Ac - tionOWNER /APPLICANT : Mary Anderson Constru CompanyPROJECT: Crestview Third Addition Erc?o,:. - 7 DATE • Au 982gust2.6 1 1 ; SUMMARY OF THE PROPOSAL`' Request Approval of a one year time extension for the Crestview T ' 1 imi nary plat. Third Addition pre - Proposed Land Use A planned unit development to construct 86 single dwellings and ten doubledwellings (twenty units). BACKGROUND Site Descri . Existing Land Use:Undeveloped Surrounding Land Uses Northerly: Londi n Lane and the Connemara Condominiums Southerly: Mai 1 and Road and single dwellings Easterly: Single dwellings Westerly: Hi ghvi ew Townhouses 11- 1 -79:. Council approved a planned unit development permit for thP e project,with the condition that the first building permit must be issued withinn one year or the PUD shall terminate, unless renewed by the City Council, Council also approved a preliminary plat, subj to the followingwi •d o ng condo ti ons . 1. A signed securi agreement shall be filed with the City Enygeer, assuringconstructionofthefollowingitems: a. All internal improvements, including the two drainageainage ponds b. That part of the pond on the adjacent townhouse ro cart to the westPP_ y t c. An outlet pipe from the southeast and to the Mai landpand Road storm sewer d. A ten foot wide asphalt ath betweep n lot 12, block 2 and lot 1, bl o.k 3 e. A five foot wide concrete sidewalk on the south s i d e of the plat f. The ten foot wide asphaltp path on the north -south easement that wasrequired-by Council with the Crestview First Addition 2. Approval of a revi sed radi • AgnganddrainageplanbytheC ty Engineer 3. Recording of 'a drainage easement for 'o that _portion of the northwest pondontheadjacenttownhousepropertytothewest 4. Deed restrictions shall be approved b thPPy e .City Attorney and fled witheachofthedoublefrontage1ots , restricting drive acce •street ess to the interior 5. The developers agreement shall co •9 contain the erosionon control proceduresrecommendedbytheSoilConservationServiceintheirreportofMtforcondition P arch 26,1979, except on one on page th 6-5-80: Counci approved a ninety -day time extension -far the Crestview ThirdAdditionpreliminaryplat, subject to' the on 'ginal conditions. 10- 16 -80 Council approved another ninety-day •n i nai timeme extens on , s u b ect to theogconditions, ons , and also renewed the PUD for one Y ear. 1 - 22 -81 4 -16 -81 and 8 -6 -81: Council •i 1 again _ approved ninety-day time extensionsonsforthepreliminr'ary plat, subject to the originalnal9 conditions, DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: RL, Residential Lower D •Medium Density Densitty and Rm, Residentialdentia1 2. Zoning: F, Farm Residential 3. Section 1005(e) of the amended Platting Cod - for. estates that the approval periodapreliminaryminaryplatisoneyear. Recommendation Approval of one -year time extensions for the ref i mi nar 1PYplat and for the PUDfortheCrestvieThirdAdditiononthebasisthatnoconditionshavechanged extension or PUD renewal which would justify denial of the time g iw Enclosed: _ 1, Location Map 2. Site Plan 3. Applicant's letter dated August 16, 1982 2- 11 fi UPPER .FTOk RO. N UL-; j UL:3 ] 28NRZZW - Z 41 - I - L r 7 ON RD _ tO,tDtN L A. -- 2 p v ( 1) LJAR7 LA PtUloV • L - i:_ 39 - : -) D - DAY L AH 68 vp Po_ AVE cr o - (4) p DAY CtRC o c arty • h J AKE w0c. _ t AKW00L. LR -E v1 w DRJ E } - m Z Z p O 0 0 , z 25 L IIVW AVE. 23 L Z 0 z En a- 494 LOCATION MAP SITE PLAN 4 N ts4 t'' es I<s d'60 eS Its 1 1• —_ a i O.L. A O O M Aw oti '.. E.PRESCOT R E 11 Ib M 11 110Q 16 'a 3%as as 12 Its 14 e tti 10 log tit It ISr t...10 0 lb I)r C r 11 r w 14 b t 1i 1 6 1b 13o r S b a 0 30 0 11 'ISc 13 M « !1 `"1213 CIS y S tic I M 12 4 Or 8 g r• Its I'L 11 P °O 2 t.at t : at 1jr q5 1 C R E S'T V ._.10 ., o ISo 60 c 4 O 142 1,iW Uji 1 i as ! 9 13 w b = a d 1so (, 10 3 N3 1fr Ise Ito j ID Ci2 Ito 3 3o LO to Ib3 l . j dft 11LU ts1p3o I.sb Its 3a E. Its k o .,31 e 8 3 o — V s 0 AV E. 0 t so 1i, Its Ii w Q i 8 t.o Uo 0 S 113 t tto LF Ll 1 0 o S 3 2 t s 9 O L• 8 It0 1S 0 0 10 10 10 S •'ISS Z • S y 1 1 -• 1 !? •• 1 I ora i SO I I &So i Li a SITE PLAN 4 N nderson BETTER HOMES FOR BETTER LIVING MARVIN H. ANDERSON CONSTRUCTION COMPANY 8801 LYNDALE AVENUE SDUTH MINNEAPOLIS, MINNESOTA 55420 TELEPHONE Be1-2661 1977 AAtftFkSlj1' August 16 1982 Mayor John Greavu City of Maplewood 1902 East Co. Road B c/o Thomas Ekstrand Maplewood,; Minnesota 55109 Dear Thomas: I would like to take this opportunity requestuest from theQ City of Maplewood an extension of 90 days for our preliminaryyplat. of Crestview Third Addition. This preliminary plat was approved by the City Council on November 1, 1979.. ` With the economic conditions which this county is ey at this time, regarding interest rates, mortgage availability,and unemployment.., we have decided not to proceed in developingpgCrestviewThirdAdditionuntilSpring1983. Our sales are improving at this time and we do have lots still available in our Crestview and Crestview Second Addition. vo We feel confident that sales will improve in the last half of 19 -82. We are able to offer both single family and townhomes in Crestview. We thank the City of Maplewood for their continued support and cooperation in regards to our Crestview developments, Sincerely, MARVIN DERSON CONST UCTION COMPANY Frederic E. Haas Vice President Land Development FEH:mg i a r TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: Request MEMORANDUM City Manager Act i on b C Associate Pl anner-- Johnson Endorsed_ Time Extension--Preliminary Pl _ - r, d. English Street, South of County Road C - ,., n Patrick Goff R ` Rehbei n -Husni k Development Company Date Goff's Mapleview Addition August 18, 1982 Approval of a one year time extension - for the Goff's Mapleview Addition pre l imi nary plat, except the three lots fronting on County Road C which have received final plat approval. Proposal A planned unit development for 22 double dwellings (44 units), _ Phase I (Maptwo) consisting of three of the double dwellings received final plat approval on 11- 20 -80.. Status The City's construction plans for the Highway 61 frontage road project are being reviewed by the State. This road is necessary for the applicant to proceed to final platting. The project is expected to be ordered later this fall. Recommendation Approval of a one year time extension for the Goff's Mapleview Addition pre- liminary plat, on the basis that _final platting cannot occur until the Highway 61 frontage road is ordered by the City. A decision is expected later this fall. 0 BACKGROUND Code Requirements Section 1005 (e) of the Platting Code states that preliminary- pp saroyalshallbeauthorizedforaperiodofoneyear, after that time the City m extendyperiodbyagreementwiththesubdividerandsubjecttoaliapplicableperformanceconditionsandrequirements, • •P or i t may require submission of a new application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved a licationPPpp .and the subdividerwillsuffersubstantialfinancialdamageasaconsequenceofarequirementtosubmitanewapplication." Past Actions 8 -7 -80: Council approved a PUD and preliminary plat for Goff' s Ma 1 evi ew Addition, subject to a building' P permit being taken out for the first unit with-in two years of PUD approval. Council may renew the PUD if no substantial changes have occurred that would have a negative impact on the 'ro ect theP City, or the surrounding area. The Council also approved the rel i mi nar platforblock1withtheoptionon P y P p of platting lots 1 - 3, block 1, i n the first phase,subject to the following conditions: 1. The final plat shall not be approved, until: a. A signed. developer's agreement is submitted to the Director of Public Forks for any platting south of lots 1 - 3, block 1. The agreementshallincludethededication g ion of a 12 -foot wide trail easement and construction of a ten -foot wide asphalt trail or such other suitable methods as the Director of Community Servi approved on both sides,between lots 15 and 16, block 1 and six -foot wide trail easement from the northern -most corner of lot 16 to a point 81 feet south. The n of-the trail is sub designsubjecttothe 9 approval.-of the Director of CommunityServices. b. Approval of the final grading and drainage plans by the Director of Public Works giving special attention to recommendations of the Soil Conservation Service, c. Council reordering the English Street project, except for lots 1 -3,block 1. 2. The proposed frontage road right -of -way and sewer easements shall be dedicated along - with the first phase of development. 30 The land south of the drainage easement l i n e shall be designated as an out - T lot and deeded to the City. 11- 20 -80, 2- 19 -81, and 9- 17 -81: 90 -day time extensions were approved for.Goff's Mapleview Addition which had not received final plat approvals jw enclosures: 1.. Location trap 2. Prel i mi nary Plat 3. Applicant's letter of request 2- E A r;. i O Koh /mon VE BE -- C= LaAt - o Q v> 39 v' K O H L tit A Nf A 23 = ROA -- J t J C — h 2 El Z = V - DE MONT AVE C R Q _ o22 •OOK AVE . 2 0 Q61C4J m f S E X T INT AY LF j `GEFtvA.. , AVE. 9 vtVA* • G L AVE, r - 36 V {KI r LDR SHERREN AV Keller COPE AVE. LARK AVE. ~ - J DIRK AVE, { LARKJ AVE. LO 25 o Ci't T H- lAUR1E. RD. Rp z LAURIE RD o ILE AN < p 25 i tr tL!1 13 z LAVF.j 6 N M (J v o JUN TIONJ E . YA O U RKE _ AVE• }' BU KE AY J z ELDRIDG J AVE. a lsN EL r10N T cr AVE. N 64 W s < .` SKILL WA N m AVE, = MA Rt3JDLA. H +.: J W A Pt +OOO AVE.RYAN RY AN 28 >~ a~ .. ~'FROST ' *' ,,, 4 28AVEnoA 50 i I or 27 w FF M AVE. t -W4 • tl d SU R A t dW .- it LOCATI MAP i PROPOSED PLAT GOFF'St . 645 S. OWASSO BLVD, ST, PAUL MINNESOTA 55113 zoo WC 1 , f , q r' _., .• r + J. 1 r*.w ..wrrrrwr _..ar..rwwr. .... 1 • / pip Ny,. 1 w •- - of I ae - I I I I I w ) I es 1w7 416 so OfAv I 1 . 000 Y •of M' r r J 40 ' on Rb 6 1 if if If 11 i 1 i w • I • 1y1juy Its Of oel) JI 1 10r AOAK map /tMM/1fN9 N AN• • _ . • "1 Ja. • 111tt, n Otacowry a -'ou .. . o 1011.4oi I I1 •I /It 1!1 1111 1 SITE DATA saw &. LEGAL 0 SCRIPTION Yid 1 " • 1' C LOCAT1pNtatAllNwlYIMIIITIAt, AA[A aosf tt.ft Aa. " •-••- CAILw1t #m IK Al Ill 0 %#1 11 M U.A Now" / 1 +. • '' 1- t -- i0 1t......__......A AAM Kt 11.11 Ail, Wuta talk, WIS11 CUM, also) 01A.rr.r.•.•. OYIO Lei 14i1 «'rli:l....Ar .•1., w W" k44 ~ 1 • - .. 4 1 ..... w MUMS Aui "" LNt W. CWM LiK I0101104111 w volts N , DtAIIIT Atl , Aa irAGl 11K • • • • • l if 0M NK 1 I . N IAl 113/x. • • + •wrrr • KAIl1/ t'rhA++lltttll 1 ).WWII • - 11.1 /Ai. _ , A twultan Im 0-fto'r"'`+ 1,41 wu IIIXI+AI1 Ii.t1o0 30.11. . • .tr - . / Fauna^"Ltt11t11Ai IAt 111tt Lot 111014 11lAllaw l3 fil . MO /MlA1M0 WHIMS UAAHAA1 IN4 jCf%W lt6LtA11M tiK , lOAtAG AGOIi M Al I • - ' • + r• •.•.. • .. •1Y1YIM11AAAM •••"••w.r.r•••'•••.. YIIl11U1 AAItN1,3 ,• ' I • •..• •..... w•. tl dt it 1 •. •. .. . r • , ; oil" -. ..N r I' x,. r 1 - j f , .i f /,/, v C i JUL ' 3 1981 L MEMORANDUM _ 1 TO • City Managere u e FROM: Public Works Coordinator = Date. SUBJECT: Final Payment--Bituminous Seal Coat, Project 82 -1D Bituminous Overlay, Project 82 -11-_` DATE: September 7, 1982 Contractors for the above referenced projects have successfully completed the Y p work as specified. Final payment in the amount of $30,570.22 for the Seal Coat Project and 96,105.98 for the Bituminous Overlay Project is recommended. These figures are approximately $42,000 less than the original estimated cost. City forces completed all street sweeping operations following the seal coat application. A Change Order reducing the contract amount by $1000.00 to reflect this reduction of work by the contractor is attached. Approval is recommended. j The appropriate resolutions are attached. r/r jw attach. t FINAL PAYMENT WHEREAS, pursuant to a written contract signed with the City on August9y916, 1982, Allied 'Blacktop Company, Inc. has satisfactorily completed Project 82 -10 in accordance with such contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the work completed under such contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are herebyydirectedtoissueaproperorderforthefinalpaymentonsuchcontract, taking the contractor' s receipt in full. FINAL PAYMENT WHEREAS, pursuant to a written contract signed with the City, on July 7, 1982, Northwest Asphalt, Inc. has satisfactorily completed Project 82 -11 in accordance with such contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the work completed under such contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. v i CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS 1902 EAST COUNTY ROAD B. MAPLEWOOD, MINNESOTA PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Estimate 'To. Final Period Ending August 27, 19 82 Sheet- 1 of 1 P rod . No.82 10 ProD ect 1982 Bituminous Seal Coating Original Contract Amount 27,301.60 Contractor Allied Blacktop Company Total Contract Work Completed 27,301 .60 Total Approved Credits $ 11000.00 Total Approved Extra Work Completed $ 4, 268.62 Approved Extra Orders Amount Completed 4,268.62 Total Amount Earned This Estimate 312570.22 Less Approved Credits $ 12000.00 Less 0 Percent Retained $ 0.00 Less Previous Payments $ 0.00 Total Deductions 1 Amount Due This Estimate 30 570.22 Contractor LLtEp RLACA — Ibp C_10 . ? 7,Pate- city Date Engineer Date City Engineer ,Date Z_. i CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA St. Paul Minn. Au Changergust27, 19 82 Project No. 82 -10 orderder No . 1 To Allied Blacktop Company - for elimination of street sweepingn followingpgoflowing placement of seal coat . for You are hereby directed to make the following change to your contract dated August 16, ,19 82 The change and the •g work affected thereby is subjecttoallcontractstipulationsandcovenants. This •h Change Order well 9KXMMiXK qX (decrease) XKMX,XiX C k,3 the co t act sum by One Thousand no /100ths Dollars 1 000.OQ Amount of original contract Additions approved to date JNg4 4Xr XMXMXMXMXMXAX Deductions approved to date Xt4)ffUtl,XMXMXMXMXM }xrxMxMxM4Mx Contract to date Amount of this Change Order (Add) (Deduct) (Not Chan Revised Contract Amount Approved Mayor Date htjC AiC:r 6 0Approved r yr 18 0 Contractor Date 9— l - g? 275301.60 4,268.62 0.00 31,570.22 1,000.00 309570.22 Approved Engineer Date 9/7 AQ 7 y VE CITY OF MAPLEW00D 1982 7 3; DEPARTMENT OF PUBLIC WORKS 1902 EAST COUNTY ROAD B Lry OF MAPLEWOOD , MINNESOTA 3 D PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Estimate No Final Period Ending August 27, 19 82 Sheet 1 of i P 'ro No . 82 -11 Proj 1982 Bituminous Overlay Ori Final Contracct Arnoun t 86,304.00 Contractor Northwest Asphalt, Inc. Total Contract Work Completed Total Approved Credits $ 0.00 Total Approved Extra Work Completed $ 9 , 801 Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits - $ 0.00 Less 0 Percent Retained $ 0.00 Less Previous Payments $ 0.00 Total Deductions Amount Due This Estimate Contractor City Engineer z City Engineer 86 95801-98 96 ,105.98 0.00 96 Date Date Date Date 2._._ MLI 8/31/82 FINAL NOTE RESOLUTION CITY OF MAPLEWOOD I Action by Council: Endorscd 4 o d_ 1 f 1 ° d...._... Rejected — Date COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1982 EMERALD INN OF MAPLEWOOD PROJECT) Adopted: September 1982 MLI 8/31/82 The cover sheet and this table of contents are not a part of the attached Resolution,. but are included by Bond Counsel for convenience only .Y ) TABLE OF CONTENTS Page ARTICLE ONE DEF IN IT IONS , LEGAL AUTHORIZATION Section AND FINDINGS 1 -1. Definitions...................... 1 1 Section 1 -2.Legal Authorization...............3 Section 1 -3.Findings 3 Section 1 -4.Authorization and Ratification of Project .......................5 g ARTICLE TWO NOTE ....6 Section 2-1.Authorized Amount and Form Section 2-2. ofNote .......................... The Note 6 Section 2 -3.Execution 17 Section 2 -4.Delivery of Note .. . .............. 17 17 Section 2-5.Deposition of Note Proceeds......18 Section 2-6*Registration of Transfer..........18 Section 2-7*Muti 1 ated, Lost or Destroyed Note .,........... ................19 Section 2-8,Owner ship of Note ................19 ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY..,20 Section 3-1.Prepayment......................,20 ARTICLE FOUR GENERAL COVENANTS 21 Section 4 -1.Payment of Principal and Interest.........................21 Section 4--2.Performance of and Authority Section 4-3. for Covenants.................... Performance of Covenants • . , , , . , , , 21 21 Section 4 -4.Nature of Security...............22 ARTICLE FIVE MISCELLANEOUS . . . . . . . . ......... . .......23 Section 5 -1 •Severabll.lty , , , , , , , , , , , , , , , , , , , , ,2 3 Section 5-2.Authentication of Transcript.....23 Section 5-3.Registration of Resolution.......23 Section 5 -4.Authorization to Execute s Agreements .......................23 SIGNATURES............ r 24 MLI 8/31/82 NOTE RESOLUTION RESOLVED by the City Council of the City of Maplewood, as follows: _ ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS Definit ions. The terms used herein, unless the context hereofshallrequireotherwiseshallhavethefollowingmeanings., eanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assig to them '9 in the .LoanAgreementunlessthecontextorusethereofindicatesanother or different meaning or intent. _ Act the Minnesota Municipal Industrial Development ActMinnesotaStatutes, Cha ter 47 P ' p 4, as amended; Assignment of Rents and Leases: the agreement to be executed by 'the Borrower assigning all. the rents, issues profits and leases derived from the Projectect t o the Lender to secure the repayment of the Note and interest thereon; Bond Counsel the firm of Briggs and Morgan, ProfessionalAssociation, of St. Paul and Minneapolis, Minnesota, sota, or anyotherfirmofnationallyrecognizedbondcounselanda opinion of Bond Counsel shall b ny e a written opinion signed bysuchBondCounsel; Borrower: Emerald Inn of Maplewood, a Minnesota partnershi eneral its successors g P assigns, and any surviving,resulting or transferee business entity which may assume iisobligationsundertheLoanAgreement; Cif the City of Maplewood, Minnesota, its successorsandassigns; Construction Fund the fund established by the CityYpursuanttothisResolutionandintotheProceedsAccount oftheConstructionFundtheproceedsoftheNotewillbe deposited; MLI 8/31/82 Construction Loan Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating o the di s.s bursement and payment of Project Costs for the acquisition, construction and lnstallation.of the Project; Guarantors: [to come] Guaranty collectively, the guaranties of the a ent ofPYm , among other things, the principal of premium, if any, and interest on the Note to be executed by the Guarantors as of thedateofthisAgreement; 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 scribed in Exhibit A attached to the Loan Agreement;g ment, Lender: First National Bank of Minneapolis, in Minneapolis, Minnesota, its successors.and assigns; Loan Agreement the agreement to be executed by the CityandtheBorrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including anyYamendmentsorsupplementstheretomadeinaccordancewithits provisions; Mortgage: the Combination Mortgage, Security AgreementandFixtureFinancingStatementbetweentheBorroweras mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon including n mortgage usupplementalgYsPp1 thereto entered into in accordance with the provisions thereof; Note: the $1, 100 , 000 Commercial Development Revenue Note of 1982, (Emerald Inn of Maplewood Project) to be issued b theCitypursuanttothisResolution; Y Note Register: the records kept by the City Clerk to provide for the registration of transfer of ownership f thee Note; 2 MLI 8/31/82 Plans and Specifications the plans and specificationsfortheconstructionandinstallation P bons of the Improvements ontheLand, which are approved by the Lender, together 'og they with . suchmodificationsthereofandadditionstheretoasarer_ easonabdeterminedbytheBorrowertobeneces y y or desirable for. thecompletionoftheImprovementsandareaapprovededby - the Lender; Pledge Agreement: the agreement t bgo e executed by theCityandtheLenderpledgingandassigningthe to the Lender; g g Loan Agreement Principal. Balance : so much of the rinci al sumPP on theNoteasremainsunpaidatanytime; Project: the Land and Improvements as the maytimeexist; Y y at any Project Costs: the total of all "Construction Costis andLoanandCarryingCharges," , " as those •9' a terms are defined in theLoanAgreement; Resolution: this Resolution of the City adopted September13, 1982, authorizing t y P P tuber g he issuance of the Note, together with any supplement or amendment thereto. All references in this instrument to designatedArticles," "Sections" and of g her subdivisions are to the desig-nated Articles, Sections and subdivisions of this resolut'ion asoriginallyadopted. The words "herein, " "hereof" 'a "nd hereund-er" and other words of similar import refer to thiss ResolutionasawholenottoanyparticularArticle, Section or subdivis-ion. 1 -2. Legal Authorization. The City is a political subdivision of the State ofMinnesotaandisauthorizedundertheeActtoinitiatetherevenueproducingprojecthereinreferredto, and to issue andselltheNoteforthepurpose, in the manner and upon thehe termsandconditionssetforthintheActandInthisResolution. 1 -3. Findings The City Council has heretofore determined, and doesherebydetermine, as follows 1) The City is authorized by the Act to enter into aLoanAgreementforthepublicpurposesexpressedinthe - z P Act, T L 3 MLI 8/31/82 2) The City has made the necessary earrangementswiththehBorrowerfortheestablishmentwithintheCityofa. Projectconsistingofcertainroertppyallasmore .fully described intheLoanAgreementandwhichwillbeofthecharacterand accomplish the purposes provided by the Act, and the_ City hbythisResolutionauthorizedtheProjectandtheexecution oftheLoanAgreement, the Pledge Agreement, the Note ajid the Construction Loan Agreement, which documents s eci • npfy . certa terms and conditions of the acqui and financing heProject; g 3) in authorizing the Project the City's purpose isPp andinitsjudgmenttheeffectthereofwillbe, to romote the pub-P pliswelfareby: the promotion of tourism in the state the attraction, encouragement and develo ment of economicaplly soundindustryandcommercesoastoprevent, so far as ossiblep the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue - producing enterprisestousetheavailableresourceso p f the community, in order toretainthebenefitofthecommunity's existing investmentnt ineducationalandpublicservicefacilities-* the halting f the movement of talented educated g 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 forYmPPresidentsinthearea; the expansion of an adeq tax base tq ofinancetheincreaseintheamountandcostofovergnmental services, including educational services for the school district serving the community n which the P situated; Y Project is 4) the amount estimated to be necessary o partiallyypyfinancetheProjectCosts, including the costs and estimated costs permitted by Section 474.05 of the Act, will require theissuanceoftheNoteintheaggregateprincipalamounto 1,100,000 as hereinafter provided; 5) it is desirable, feasible and consistent with theobjectsandpurposesoftheActtoissuetheNote, 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 meaningeaning of any constitutional or statutory limitation and do not consti- tute or give rise to a pecuniary liability or a charge againstthegeneralcreditortaxing g g ing powers of the City and neither thefullfaithandcreditnorthetaxingpowersoftheCity payment of the are pledged for the p ym a Note or interest thereon; and A L 4 MLI 8/31/82 7) the Note is an industrial •development bond withintheme -aping of Section 1O3(b) of the Internal Revenue Code and istobeissued .within the exem tionD } of Section 10 P provided under subparagraph3 (b) (6) o f the Code with respect t ` provided ° an issueOf $10,000,000 or less; prevent p ded that nothing herein shallp • the City from hereafter qualif in tdifferentexempt ` if Y g he Note under a s , P , and to the extent, such exemption iPermittedbylawandconsistentwitht _ P s of t he objects and purposesheProject. _ P 1--4. Authorization and Ratification •ion of Project, The City has heretofore an •d does hereby authorize theBorrower, in accordance wi the rov ' •P .sions of Section474003 (? ) of the Act and subject to the terms and condi doset .forth in the Construction Loan Are ftheacquisitioncon g ement, to provide forconstruction, and installation of the Pr o ' ecbysuchmeansasshallbeavailablet t manner determined ,by o the Borrower and in theytheBorrower, and without advertisementfor .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 theBorrowerconsistentwithandinanticipationofsuchauthorityandincompliancewiththePlansandSpecifications rlty k MLI 8/31/82 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 - 't such appropri -ate variations, omissions and insertions as are ermitted wired b this P or required y is Resolution, and in accordance with the further provisions hereof; and the total rind al amount of thePP Note that may be outstanding hereunder is expressly limited to 1,100., 00.0 unless a duplicate Note is issued pursuant to Sec tion 2-.60 The Note shall be in substantially he ' form:y follow.ng MLI 8/31/8 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1382EmeraldInnofMaplewoodProject) _ Z. 11100 FOR VALUE RECEIVED the CITY OCounty, Mi "Ci F MAPLEWOOD, Ramseynnesotaherebr •y promises to pay to theorderofFirstNationalBankofMinneapolis (the "Lender"successors or registered assigns ) itsns successor g Lender and any suchorregisteredassigneebeinglhereinafterreferredt "Holder"gso sometimes o as the ) , from the source andinthemannerhereinafterprovided, -the principal s of ONMILLIONONEi[UNDRE D T ETHOUSANDDOLLARS ($1,100,000aidf or so muchthereofasremainsunpaidfromtimetotime (the "PrinciwithinterestthereonBalance" a a at the rate specified inparagraphs1C ) and 1(b) hereof (the ' s h Tax Exempt Rate orsuchhighererrateasprovidedi ) at n paragraph 1(c) hereof (theTaxableRate"), in any coin or currencycy which at the time ortimesofpaymentis. Legal tender for the •private debts in the United Sta payment ° public ortesofAmerica, in accordancewiththetermshereinaftersetforth. 1 (a) From and after the dateate hereof through andincludingSeptember1, 198 3 , interest only 1 brateof ° per annum. Inte y e paid at theIntershallaccruefromthedatehereofandshallbeopayablemonthnextsucceeding n the first day of the calendscceedingthedatehereofandon r each and every month thereafter through and including the first day of 1, 1983* g Se ptember b) Commencing on Octoberfirstdayofeachcalendar 1, 1983 and on the ereafter, the Princi d ar month th a1Balanceshallbeamortizedinpequalconsecutivemonthlinstallmentsofpandinteresttheamountofwhichistobecalculatedonana each ofwhi assumedumed thirty -yearamortizationwithinterfromSeptember1, 1983 at tof $per annum and a fi he ratenalinstallmentonSeptember1th ; efinal Maturity ate" be e 2012 Principal } Which shall equal t •cipal Balance and accrued interest o the unpai shall be applied first to accrued interest and therereductionofthePrincipalBalance.al Bala after to 7 MLI 8/31/82 c) U) 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"),, = The CityshallimmediatelyupondemandpaytotheHolderandtoeach YpriorHolderaffectedbysuchDeterminationofTaxability 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 October 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 Rateandamortizationovertheremainingportion 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 MLI 8/31/82 increased Taxable Rate to be immediately due and payable, plustheprepaymentpremium, calculated in accordance with .paragraph8hereof. The Holder shall give notice apracticable, to the Borrower of an Notic s soon as Y ice of Taxability, ashereinafterdefined, received by the Holder and ermit thBorrowertocontest, litigate P - e g e or appeal the same a its soleexpense; provided that any such contest,litigation' o opinion g r appealis, in the reasonable o p of the Holder, being undertakenandcarriedforwardingoodfaith, diligently adispatch. In t g Y nd with reason-able dis P he event any such contest, litigation orappealisundertaken, the increase g • d interest provideded inparagraph (b) U) shall, nevertheless, be and shall be he a a lepYb to the HolderheldbytheHolderinescrow (without payinginterestthereon) pendin final dis litigation g Position of such contest,g ion or appeal, provided that the Borrower shallindemnifyandholdharmlesstheHolderandeachprior Holderfromanyandallpenalties, interest or otherr llabil itie s whichtheymayincuronaccountofsuchcontestlitigationorappeal. iv) The terms "Determination of Taxabil ' "Date of Taxability" nd "Notic Taxability,11 e of Taxability" shall have themeaningsascribedtosuchtermsintheLoanAgreement, dthedatehereof (the "Loan g dated Agreement"), between the City andTannersLakePartners (the Borrower") . 2 • In any event, the payments hereunder shall a all principal interestsufficienttopaypncipalandinterest due, as suchprincipalandinterestbecomesdue, and to a an rem'penalty, to p ay Y premiumum orPy, at maturity, upon redemption, or otherwise, Intereshallbecomputedonthebasisofa360dayyear, but chargedfortheactualnumberofdayselapsed.Y p 3. Principal and interest and an premium duhereundershallbepayable Y p e P y le at the principal office of theLender, or at such other place as the Holder may •writing.y designate in 4. This Note is issued by the City o provideYp fundsforaProject, as defined in Section 474.02, Subdivisions lb,Minnesota Statutes, consisting f the acquisition, g quisition, constructionandequippingofanEmeraldInnMote , ursuantp to the LoanAgreement, and this Note is further issued pursuant to and infullcompliancewiththeConstitutionandlawsoftheStateofMinnesota, particularly Chapter 474P Minnesota Statutes, andpursuanttoaresolutionoftheCityCouncilduiadSeptember13, 1982 (the "Res olution ). r Y _ oadopted on E MLI 8/31/82 5. This Note is secured b a PledgeYg Agreement ofevendateherewithbytheCitytotheLender (the "PledgeAgreement ") , a Combination Mortgage Se g Fixture Financing Security Agreement and g S to tement, of even date herewith between tBorrowerasmortgagor, and the Le he Lender as mortgagee (theMortgage ") by an Assignment of Rents -and Leases, cif even dateherewith, from the Borrower to the Lender •the As aignment ofRentsandLeases") and Guaranties from [to come] y Lender c- ollectivel th to the Y, a Guaranty The proceeds of thisNoteshallbeplacedintheProceedsAccountoftheConstructionFundestablishedpursuanttotheResolutionandtheConstructionLoanAgreement (hereinafter referred to) anddisbursementoftheproceedsofthisNotefromtheConstructionFundissubjecttothetermsandconditionsonsofaConstructionLoanAgreementofevendateherewithamong9theLender, the CityandtheBorrower (the "Construction Loan Agreement"),; 6. The Holder may extend the times ofinterestand/or Payments of including / principal of or an penaltythisNote, Y p Y or premium due onthedateoftheFinal 'Maturity Dateermittedblaw, without Y ' totheextentpYthoutnoticetoorconsentofanypartyliablehereonandwithoutreleasingn t g Y such party,However, in no event may he Final Maturity Date be extendedbeyondthirty (30) years from the date hereof. 7 • The Borrower may prepay the Principal ' •art in i Y ipal Balance inwholeorinpincrementsof $100, 000 on the first day fanymonthuponatleast30daysadvancewritten Y Y itten notice to theHolder (or such lesser period of notice as the Holder mayapprove) and upon payment of an amount e Y equal to the principalamountbeingsoprepaid, plus accrued interest hereon to thedateofprepayment, plus the prepayment premium calculatedaccordancewithparagraph8hereof, in This Note is also subjecttomandatoryprepaymentinwholeorinart •p pursuant to Section3.1 of the Construction Loan Agreement in the amount of ansumsremainin • in the Proceeds Account of Y at the Com 1e io the Construction FundPnDate (as such terms are defined in theConstructionLoanAgreement) , in which event a prepaymentpremiumshallalsobepayableinaccordancewithparagraph 8hereof, and the time of such prepayment ma Y not be extendedpursuanttoparagraph6hereof. Upon the occurrence of certaiEventsofDefault" under the Constructionction Loan Agreement, theLoanAgreementand /or under the Mortgage, a •and as provided in 10 MLI 8/31/82 paragraph 12 hereof, the Holder may declare the PrincipalBalanceandaccruedinterestonthisNotetobeimmediately due and payable (any such action and any similar action pursuant to paragraph 1(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 ara rapgph 8 hereof. Upon the occurrence of certain events of dams e destruction or condemnation,n, 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 art of thee 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 October 1, 1992 (or at any time within six months following October 1,1992) , on October 1, 1997, on September 1, 2002 and on October 1, 2007, (the "Call Dates ") , upon at least thirty sdaYyadvancewrittennoticetotheBorrower (or such lesser periodofnoticeastheBorrowermayapprove)* 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 to sell the Note to the Borrower or such purchaser on such Call Date at a purchase price equal to the Principal Balance and accrued interest. 8 (a) If at the time of any prepayment on or priortoOctober1, 1987 or acceleration of this Note occurring priortoOctober1, 1987, the Borrower shall pay, together with the premium, if any, set forth in paragraph (b) hereof, an amount equal to 1-1/2% of the amount of principal so prepaid. Not - withstanding the foregoing, no such prepayment P remium 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, Construction Loan Agreement or the Mortgage and remains uncured at the time such prepayment is made. 11 MLI 8/31/82 b) If at the time of any prepaymentrepayment . or acceleration of this Note, occurring prior to ,ct 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 October 1, 1992 (the "Government Yield ") , as determined by the Holder as of the date of preps Ym Ent or acceleration, is less than % the Borrower !hall pay a premium calculated as follows: (aY the amount of Principal so prepaid shall be multiplied by (i) the amount b which t y exceeds he Government Yield as o f the date of prepayment or acceleration, times (ii) a fraction, the numerator of which is the number of days remaining to Octob 1, 1992 and the denominator of which is 360, (b) the resultin g product shall then be divided by the number of whole months then remaining to October 1, 1992 yielding a quotient (the "Quotient "), (c) the amount of the prepayment premium payable under this paragraphshallbethepresentvalueonthedateofprepaymentor 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 October 1, 1992, with the amount of each such hypothetical monthly payme 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 paragraph 1(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, thip 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 p g ther with a written instrument of transfer satisfactory to the City Clerk duly executed by the Holder or his duly ent .authorized a will notegUponsuchtransfertheCityClerkwi the date of registration and the name and address of the new registered Holder in the registration blank appearing below. 12 MLI 8/3 The City may deem and treat thislastre e •registered up the Person 1n whose name trnobooksoftheCit he Note whether noted on the Not , a y with suchrornotoverdue, f s the absolute ownerorthepurposofr hereof,or on the account of the Prin al eceivi payment oandforallotherBalance, redemption finterest made to the Ho r Purposes, and al payments s p n price orHolderoruponhislsucheffectivtosatisfordershallbev °y and discharge the slid and9eliabil• _ not be a the sum or sums s i ty to the extent of upon the Not eaffectedbyanno o paid, and the Cityynoticetothecontraty shallcontrary. 11 ' This Note an d interest hereonhereunderanPayablesolelyfromt and any premium dueundertheLoanAgreeherevenuesandProceedspursuanttpledgedtothothePledgeAgreement a payment thereofotherwisebent, except as the sGuarspayableinaccordance ame mayGuarantyandtheAssinmewith, the Mortgage,constit a g nt of R and Le the debt of the City w . Leases, and do notconstitutionalorstatutory within the meanie oachargeupon1 .mi tation g f anygponanyfunde , are not payable frompledgedtotherthantherevenue orsoch Payment thereof, and do and procePecuniaryllabllit not glue rlaw, of a y °f • the City or, to i se to a ny of its officers the extent PermittedOfthisNoteshag , agents or employees by Of the 1 ever have th r . y s , and no holdertaxingighttoCompelany9PoweroftheCittoPYexerciseinterestthereon, or f , payment thereof a y pay this Note or tpropertyfenforce he y the City, and againstcharathisNotedoesno g any9lienorencumbrance, t constitutee, 1 egal or equitablePropertyoftheCity, a ty and the a reeme upon aorcausetheperformance9nt °f the Cityhereinreferred e °f the covenants y to performedtoshallbe he and other provisionsubjectatalltimes s revenues or other fund tO theavailabilityofrev „ • s furnished fPayallcosts with the Loan Agreement. or such Purpose in accordance f such performance sufficient tnceortheenforce ° 12* ment It i s agreed that time is o f th thereof . Note, If the Cityy defaults in the a essenc o f thisinstallmentprincipalorinterest Pa entprincipayment when due o f an or an rem' or YduehereunderaperiodofifSaiddefaults y P 1um penaltyfive (5) days, hall ha continue Y a s Set forth i Y or i f an Event o f d for antheMortgage, th Default shall occuortheLoanAgreementeConstructionLoaOptiontodethentheHoldershallAgreementClarethePrincipallhavetherightthereon, together P Balance, an a andgherwiththrem d accrued intereparagraph8hereof, i P 1 um, if any, payablethesomanedistolyduean under s specified in ar d payable but solelyexerciSesuchoparagraph11hereof. lY fromOptionatanytimeshallFailuretoOftherighttoexercisconstitthestituteawaiversameatanysubsequent 't one . r L 13 MLI 8/31/82 13. The remed1eS Of the Holder, a sandintheMort r •gage• the Assignment o provided hereinOfRentsandLGuaranty, the Loan Agreement and the Construction Leases.. the. uctionexclusiveandshall LoanAgreement, are not ex u be cumulative anatthsole. discretion p rsued singly, succes d concurrent and may be of the Hold slvely or together,on therefor shall Holder, and mayoftenasocd ,iall Y be exercised asexerciseanysuchri. h ccur; -and the failureconstrueda right or remedy shall in ure tosawaiverorrelease no event besethereof. 14. The Holde r shall not be deemedomissionorcommission by an acremediesheretohavewavedan Y t of under unless such waiver ° f its rights orbytheHolder, a aiver is in writiforthithenonlytothea ng and signednthewriting. A wa xtent specifishallnotbeiverwithreference set construed as continuin tO one eventgorasabartremedyastoasubue to or waiver o f any right or rem se q nt event. IT IS HEREBY Cbons, acts a ERTIFIED AND RECITEandthingsrequired D that all condi-ed precedent to or q to exist, happeinthelssuanCeof and be perform_this Note d required b 1 been performed in regular u exist, have happened and ha y aw, . 9 r and due form as 14 MLI 8/31/82 IN FITNESS WHEREObedulyexec F, the Cit Ma uteri In its name Y has caused this Note toMayor, City Clerk by the manual s •affixed here and has caused the co of theto, and has cause corporate seal t 1 and d this Note to b ° be e dated CITY OF N[ApLEWOOD, MINNESOTA mayor ATTEST: City Clerk ---- -- sit,) 15 MLI 8/31/82 PROVISIONS AS TO REGISTRATIONTRATION The ownership f tNoteandthe p he unpaid Principal Balanceinterestaccruingthereoni e of thi s books of the Ci t o f s registered on the holder Y Maplewood , Minnesota, in thLastnotedbelow. a name of the Date of Name and address Si naturRegistration* ReRegiste g e of Ci tredOwnerClerk First National Bank of Minneapolis First Bank Place East Minneapolis, MN 55480 16 MLZ 8/31/8 2-29 The The Note shall bandshallbea e dated as of the datepayableatthetimesan e of deliveryinterestatthdinthemannerate , and shall be sub ' r • shall. bearandconditionsasarejecttosuch " Othersetforththerein. _ er terms 2-3 • Execution. The Note shthesina all be executed on bgturesofitsMayor., hal f o f the City bwiththesealo Y city Clerk and shat Y yOfthecity, In cas 1 be sealedshallappearonthaanyofficerwhoseNoteshallceasetobSignaturee the delivery of the N e such officevalidands Note, such signature s r beforesufficientforallhallneverthelessbremainedinofficeunpurposes, the same as if e or disc tie delivery. In t he had blllty of the Mayor he event of the absenceOfftheCityas Y or the City. Clerk or nc e the' Y In the opinion of t city Attorney such officerstheirbehalf.. shall wit he Ci • bout further act or Yl may act Inauthor •execute and deliver the Note. authorization of th City Council 2-49 Deliver Of Note The offer of t he Lender to purchasetermsrecitedse the Note upon the ed herein and in the Loan Agreement, at a reasonable principal amount of the N pr equal to the total iceandadvantageoustooisfoundto betheCityandisacce found Before delivery of ththeLender -the follow' a Note there shall be f •following items: sled with C1) an executed copy of each of the following doctunents:A) the Loan Agreement; B) the Pledge Agreement; C) the Mortgage; D) the Assignment of Rents and Leases; E) the Construction Loan Agreement; F) the Guaranty; and G) a cost certificate •th ficate signed b thgeuseoftheproceeds y e Borrowercertifying a Of the Note. 1 MLI 8/31/82 2) an opinion of Co unsel for the Borrower in scopesubstancesatisfactorytoBondCounsel and authority of th Borrower to enter into the transaction andmatters;tl 3) the opinion _tax exempt P °ri ° f Bond Counsel as to t .mpt status of the Note;he validity and 4) such other -documents and opinions areasonablyrequireforpurposes s Bond Counsel mayPPosesofrenderingitsopinionY subsection (3) a required in s above or that the Lender may requirefortheclosing,q 2 - 5 • Dis ostion of Note Proceeds There is hereby establishedConstructionFu with the Lender a th nd to be held by the TitleCityasprovidedinthe a as a separate fund ofdeliveroftConstructionLoanAgreemenYheNote, the proceeds f t • UponcreditedtotheProceedtheNoteshall - beProceedsAccountoftheConstructiobyLenderonbehalfthenFund heldbprincipalth of the City, at which tamountoftheNoteshallb time the entireLenderandorthetitleadeemedadvanced. Th Constr insurance company identified •Constru Loan Agreement steal Y ntlfied In theshall, on behalf of the. CitorthepaymentofprojectCo disburse funds f cos upon receipt ofsuchsupportingdocumentationastheLenderorsuchtitleinsurancecomparemayYyreasonablynecessary,Y- including com-pliance with the provisions of the Construction Loanr, said title insurance c Agreement.The Lender, upon company, or the Borrower shallprovidetheCityPrequest, with a full accou nting of allfundsdisbursedforProCosts. 2-6• Registration of Transfer, The City will cause to be kept a t the office Of tCityClerkaNoteRegisterinwhich, subjecte he regulations as it may prescribe, ct to such reasonable registration P be' the City shall provideonoftransfersofowners P de for thehipoftheNote . The Notepersonorbitsa upon the Note Register b the Le e shall be transferable Y gent duly authorized in nd su rwriting, upon surrenderoftheNatetogetherwithawritteninstrumentofrytotheCityClerkduia transfersatisfactor e Y executed by the Lender or its duly authorized a shall not agent. Upon such transfer the C'e the date of .registration a ity Clerkndthenameandaddress of the new Lender in the Notblankappearing e Register and in the registrationontheNote. 18 MLI 8/31/82 2 -7. Mutilated, Lost or Destro ed Note In case any . Note issueddestroyed hereunder shall becoYorlost,prohibited by l - the Cit shall me muti- aw c y if not tausetobeexecutedan henNoteoflikeoutstandusddelivered, a neexchangeandsubstitutionprincipalamount, number a w titution for and Upon c nd tenor inmutilatedNote, or in 1 , p ancellat On- Of suchdestroyedorto leu of and.in substitutionlost, upon the Lender's for such Note es o paying the reasonablegftheCityinconnect..• expenses and char in the case of 'a Not ion therewith andNotedestroyedorlost., thCityofevidencesatis destroyed or lost, and e filin withisfactorytotheCit9h th e y that such Note waffurnishingingtheCtw •satisfactory to it, if t y with indemnityhasalreadhemutilated, destro e Y y matured or been called Y d or lost NoteforredemptioinaccordanceshallnotbenecessarytoNote with its terms it prior to payment,rY issue anew Note 2 -80 Ownersh 0 LPO of Note. The City may deemtheNotes1 , Y m and treat the per son 'ast registered in the Not in whose nametionontheNotewhetherRegisterandbnoerornotsuchNoteshall Y ta-the absolute owner of s ll be overdueuchNoteforthepurpose a spaymentoforonaccountofp° of receivinpriceorinterthePrincipalBalance ginterestandforallotherredemptiontheCityshallnotbpurposeswhatsoevereaffectedbyanynoticeand to the contrary, 19 MLI 8/31/82 . ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY Pre payment The Note may be prepaid insionsoftheNote. P accordance with the provi- y 20 i MLI $/31/82 ARTICLE FOUR GENERAL COVENANTS 4 - 1• Paym of Princip and Interes t . - The City covenants that it will promptly ipay or causetobePprincipalofandinterestontheNoteaplace, on the dates, from the s t the source and in the manner rovidedhereinandintheNote. The rind P from a principal and .interest are payablesolelyandsecuredbyrevenuesandproceedsderivedtheLoanAgreement, the Pledge from ge Agreement, the Mortgage, theConstructionLoanAgreement, the Guaranty •y rid the Assignment .gnment o fRentsandLeases, which revenues and rocee led P ds are herebyspecificallypledgedtothepaymentthereofinthemanner andtotheextentspecifiedintheNote, the LoP1edgeAgreement, the Con an Agreement, thestructionLoanAgreement, theGuaranty, the Mortgage and the Assignment of in the Rents and Leases,;and nothing Note or in this Resolution shall beconsideredasassigning, pledging •9 P g, ty, 9 or otherwisee encumbering ansorassetsoftheCity,yotherfund 4 -2. Performance of and Authorit fory Covenants The City covenants that it will faithfully perform atalltimesanyandallofitscovenants, undertakings, stipula-tions and provisions contained in this •Resolution, in the Noteexecuted, authenticated and delivered hereunder s of the rider and in allproceedingsCityCouncilpertainingthereto; that 'duly authorized under the Constitution t 1 s nand laws o f the State ofMinnesotaincludingparticular) and without •Act, to is Y thout limitation thesuetheNoteauthorizedhereby, pledge the rev Agreement i g revenuesandassigntheLoanAgnthemannerandtothe, extentsetforthinthisResolution, the Note and the .Loan AgreementandPledgeAgreement; that all action on itissuanceofthetotea s part for the and for the execution and deliver thereofhasbeendulyandeffective) taken; delivery that the Note In thehandsoftheLenderisandwillbeavalidandenforceablobligationoftheCityaccordingtothetermsthereof. e 4 -3 • Performance of covenants. The City agrees to enforce. all covenantsobligationsoftheBorrow and Borrower under the Loan Agreement andConstructionLoanAgreement, and to erformp all covenants and 21 MLI 8/31/8 other provisions pertaining to the CitytheanAgreementandtheCo P taini contaiY ned in the Note,.subject to Sectio nstructlon Loan Agreement andSection4 - . 4 - 4 • Nature of Securit Notwithstanding n ything contained in theMortgage, the g : No9AssignmentofRentsan - No the ment, the Pled e Agreement- d Leases, the Loan Agree.g to the contrary, g ment or an other document gSection2 -4 ent referred t iunderthe ntheNotemaynotbepayableprovisionsoftheAcpYlefromorbeachargCitotherthantherevenue g upon any fund s of the Ci Payment thereof, nor shall s and proceeds pledged t t11theCit hethereon, nor shall the Note be sub ' ec t3 to any liabilitytoaPecuniary ° te otherwise contributeparyliabilityoftheCit or give rise permitted by law, an of the y °r to the extent agents . N Y e City'. s officers, employeesoholderoftheNotesteal andleverhavetherighttOfthetaxinggocompelanyexercise g Power of the City to pa theNoteortheinterestthereon, o enforceeonore a en y of t City; and the Note shall paymentt thereo fagainstanypropertyyheC. a charge, lien or encumbrance, not ance 1 egal or equitable,upon any Property of the CittY % and- the. Note shall nodebtoftheCitywithin tconstitutea constitutional or statutory he meaning of anutorlimitation; but n yimpairstherightnothingin thegoftheLendertoenforce Act the covenants madeforthesecuritythereofasProvidedinthisRe •Agreement the Pledge Agreement, solution, theAsslgnmentofRentsLeases, g t, the Mortgage, theandtheConstructiLoanAgreement, the Guaranty and the Act, and by authorityCithasmadethecovenants of theActtheCi and agreements herein forthebenefitoftheLender; ; provided that in an eventtoeY theagreementoftheCity • n the Note, th perform the covenants andcontainedI otherprovisionsc Loan Agreement , thePledgeAgreementandthe subject Constructi Loan Agreement7atalltimestotheavailgnt shall be.availability of revenues undersufficienttopayallcost theLoanAgreement and the City. shall not be s of such performancesubjecttoanypersonaloliabilitythereon. 'r Pecuniary 22 MLI 8/31/82 ARTICLE FIVE MISCELLANEOUS 5 -1. Severabilty If any provision of this Resolution shal> be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or juris-dictions or in all jurisdictions or in all cases-be cause it conflicts with any provisions of an constitution or statute rule Y or r e or public .policy, or for any other reason, such circum- stances shall not have the effect of rendering the p rovision in question inoperative or unenforceable in any other case or circumstance, or of rendering an other provision or provisionsYPpons herein contained invalid, inoperative, or unenforceable to anyextentwhatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 5-2* Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all docu- ments referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified , co ies certif i-p cates and affidavits, including any heretofore furnished, shall constitute recitals of the City s to the correctness of alll statements contained therein. 5 -3. Registration of Resolution. The City Clerk is authorized and directed to cause a copy of this Resolution to be filed with the Count Auditor of Ramsey ount and t • Y Y y, o obtain from said County Auditor a certificate that the Note as a bond of the City has been dulyentereduponhisbondregister. 5 -4. Authorization to Execute Agreements The forms of the proposed Loan Agreement, the Pledge Agreement and the Construction Loan Agreement are hereby approved in substantially the form presented to the CityCouncil, together with such additional details therein as maybenecessaryandappropriateandsuchmodificationsthereof, Y L f 23 MLI 8/31/82 deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents. IThe Mayor and the City Clerk of the City are authorized to execute the Loan Agreement, the Pledge Agreement, and the Construction Loan Agreement in the name of and on behalf of the City and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note. In the event of the absence =or disability of the Mayor or City Clerk such officers of the City y as , in the opinion of the City Attorney, may. act in their behalf, shall without further act . or authorization of the CityY Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers.The execution of any instrument b the appropriateY officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof . Adopted: 19820 Mayor of the City of Maplewood Attest: City Clerk 24 3 MEMORANDUM TO: FROM: DATE: SUBJECT: z City Manager Assistant City Engineer September 2, 1982 Brookview Drive Storm Sewer Replacement Project No. 78 -20 Date During construction operations, extra work was performed which is consideredtobeadditionaltotheworkcontemplatedundertheoriginalcontracttoConstruction.Deluxe The force account work performed under the proposed Change Order. No. 1 is asfollows: 1. Reconstruction and insulation of an i npl ace sanitary sewer service to 2667 Brookvi ew Drive due to a conflict with the proposed Catch Basin No. 4. The cost to repair the UNIT is: ITEM QUANTITY PRICE AMOUNT 8" DIP Casing 11 LF 10.81 118 6 PVC Service Pipe 16 LF 1.30 20.80 Fernco Coupl i ngs 2 ea .16.00 32.00 Insulation - - -2 -inch thickness 80 SF 0.76 60.80 Concrete 33 CY 40.00 13.33 Crew time 4 hours 250.00 1TOTAL1,245.84 2. Debris consisting of crushed metal, car bodies and trash were encountered in the easement area during the installation of the storm sewer. The contractor was advised to remove and dispose of the material. The cost of the removal was not contemplated under the original contract and, therefore results in an additional cost of thre truck loads @ $65 /TR.. $ 195.00 ' 3. An additional section of manhole was placed on the existing manhole located in the southern portion of the easement. This provided for raising the adjacent ground line, resulting in a more gradual slopewhichwillbeeasiertomaintainforthepropertyowner. 4 LF @ $60.00 /LF a 0 0 $ 240.00 40 During construction of the storm sewer, within the easement,a drain t i l e system for 2656 Brookvi ew Drive was destroyed.The cost to repair the system is: s UNIT ITEM QUANTITY PRICE AMOUNT 4 PVC pipe (installed) 40 LF 4.00 1600.00 Sod d ing 15 SY 1 .50 -22.50 TOTAL 182.50 The total increase to the contract amount as a result of the work involved with Change Order No. 1. is $1, RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the .City Council of Maplewood, 'p ood, M1 nnesota has heretofore orderedIrrprovementProjectNo. 78 -20 and has ]et a construction pursuant to Minnesota contract thereforeStatutes, Chapter 429. AND WHEREAS, it is now necessary and expedientient that a designated ' p s d contract bemodandasImprovementProject78 -20 Contract Amendmentenmerit #1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COthattheCOUNCIL OF MAPLEWOOD, MINNESOTA,e Mayor and City 'Clerk are hereby authorized and directed 'existi contract b ex to modify thegyexecutingsaidContractAgreementfl, CHANGE ORDER Sto Pau Minn. November 1 Change18981 , Project No-78-20 order N o. _ 1 To' Deluxe Construction Incor orated for Brookview Drivee Storm Sewer for The City of Maplewoodood M•innesota DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA You are hereby directed to "'makee the following change to your contract datedJune10 ,19,81 The change and the work affected thereby is sub • ecttoall - contract stipulations and covenants --enants. This Change Order will inc.rease) (the contract sum by Eighteen Hundred S ixtyThree and 3.4/1-00 Do $1863llars $ Force account work on a time and materials basis for items listbdbelowanditemized -on the attached sheet. 1. Reconstruction and insulation of an inplace sanitary sewerserviceduetoconflictwiththenewlyconstructedstormsewer; 2. Removal of debris not contemplated -1,245.84 3. Addition of Cone Section on an ex' '4. Repair of 4 istin manhole;P 195.00 240.00r0 f p, perty owner's drain tile;182.50 TOTAL AMOUNT ... 1,863.34 Amount of original contract 39,030.50 Additions approved to date (Nos* Deductions approved to date (Nos., -- 0.00 Contract amount to date 39,030.50 Amount of this • Change Order (Add) ( Sz&nz:it) ( )11863.34 Revised' Contract Amount T L 40, 893.84 Approved Mayor Date Approved PreS ontr or Date__ &) Approved - -- E i'z"g i ne e r Date ti -Z -gi M1 , t MEMORANDUM TO: Ci Manager FROM: Assi City Engineer DATE: September 2, 1982 SUBJECT: Brookview Drive Storm Sewer Replacement Project No. 78 -20 i 4- E_T *)d Sawa I-L I Re j Pied . Da u -- The contractor, Deluxe Construction, Inc., has completed all work associated wi ' ththeabovereferencedproject. The final contract amount is $5,453.84 or approximately.' 14% higher than thY9 e original contract amount. This increase in construction cost is principallyallPpytotheextrasdetailedunderChangeOrderNo. 1 and the additional thickness ofaggregatebaseandbituminoussurfacingusedtobridetheunstablestreet -grade soils,9 eet sub A summary of the construction costs is as follows: Original contract amount s39 030.50 Change Order No. 1 + 1 Adjustment of quantities from pl -an quantities to quantities actually installed + 39590,50 TOTAL WORK COMPLETED 9' Recommendat We recommend that the City Council accept and approve the work performed by the contractor and authorize final payment. The remaining monies due to the contractorisintheamountof $5,829.49. RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT WHEREAS, pursuant to a written contract approved b the Citppyy_on June 18,T981, . DeLuxe Construction, Incorporated, has satisfactorily om feted MaplewoodyppewoodImprovementProjectNo. 78 -20 in accordance with said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD MINNESOTA r , theworkkcompletedundersaidcontractisherebyacceptedandapproved, and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, takingn the contractor's recei pt i n ful l . CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKSRKS 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA PERIODICAL ESTIMATE FOR - PARTIAL PAYMENT • stimate -- Igo. 3 Peri Ending eptember 2 82 3 Tina 1 g 19Sheet Of.. 3 Pro j. No. 78-2 roj ect Brokview Drive . Ori g in a 1 Contract Amount Storm Sewer 39,030.50 ontractor DeLuxe Construction, Inc. otal Contract Work Completed 42,621900 otal Approved Credits $ .0.00 _ otal Approved Extra Work Completed $ 13863.34 pprov ed Extra Orders 'Amount Completed otal Amount Earned Estimate ess Approved Credits $ 0100 Bess Percent Retained $ 0.00 ess Previous Payments $ 38, 654.85 otal Deductions mount Due This Estimate mtractor L ty lgineer ty Engineer 1,86.34 44,484.34 34,6.54.85 5,829.49 Date Date Date Date August 30, 1982 MEMORANDUM T :) - c` City Manager Barry Evans From: Chief of Police Kenneth V . Collins Subject: Donation to City b Trini BYypo Church The Trinity Baptist Church, 2220 Edgerton Street h 'J as given us the attachedcheckintheamountof $225. They make this contribution annuallylieuoftaxes,y n the I recommend that the City accept this •y P is generous donation and send the churchaletterofappreciation. KVC: js cc City Clerk Fin Director Gift File MEMORANDUM TO: FROM: DATE: SUBJECT: City Manager Assistant City Engineer September 2, 1982 Adolphus Street Sanitary Sewer Replacement Project No, 81 -4 Contract Amendment No. 1 hcd; f Rej D.te Attached, herewith, is Change Order No, l , for amendment of the originalcontract. The Change Order represents the substitution, of MnDOT 2332baseandbindercoursemixturesforthespecifiedfiedMnDOT2331pbaseandbindercoursemixtures. The substituted mixture i s commonly known " y own as recycled bituminnous MnDOT 2332isameansofreusingsalvagedbituminousmixturebyaddingapproximately25%g pp 1y ofoldbitumitothenewbituminousduringtheplantcrushioperations. Thequalioftherecyclededmixturyeisequaltoavirginmixtureandalsohastheadvantageofrequiringapproximately25;0 less asphalt cement s can b p Thins, a costsavingserealizedzedfromthismethodofconservationatnoreductioninquality. The Change Order No. 1 represents a reduction in the original contract of351.13. RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Mapi ewood, .Minnesota has heretofore ordered Improvement Project No. 81 -4 and has let a construction contract therefore pursuant-to Minnesota Statutes, Chapter 429, AND WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 81 -4, Contract Amendment #1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Contract Amendment #1 CHANGE ORDER, T OLT Z, KING, DUVALL, ANDERSON AND ASSOCIATES, INC. Engineers and Architects St. Paul, Minn. Aug, 2 5 To - 19 82 Comm. No 76.47 Change Order No, 1 Orfei and n-n s _ Tr,t for Adolphus Street Trunk Sanitary Sewer Replacement for Ma. lewood Minnesota You are hereby directed to make the followin change to your contract dated July 26 _ , 19 82 , The change and the work affected thereby s subject to all con.c ntractstipulationsandcovenants. This. Change Order will 'g ( ) (decrease)the contract sum.by Three Hundred Fif -one and --- - -- .._ 131100 Dollars $ 351,13 The purpose of this Change order is to alto the Contractto to supply RecycledBituminousMixture, MnDOT Spec 233 for case and - binder courses, where MnDOT Spec..2331 was specified. This will result in a decrease of $9. 00 per ton for the AC Bituminous Material used in the base and binder course mixtures. The estimated decrease in the contract amount is computed below. The actual decreaseGse Will be calculated ba s-ed upon actual quantities used. 55 tons Base -1- 112 tons Binder) x 4. 5°Jo AC x $9.00 /ton = $351.13 Amount of original contract 206 025.6 Additions approved to date (Nos .0000 Deductions approved to date {Nos,0.00Contractamounttodate -206, 0250 69AmountofthisChangeOrder (Dedu 1351,13RevisedContractAmount20205v674o56 T OLT Z, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED A Man innes Owner By Date By 6 Larr Bohr er, P. E. Approved Orfei and Sons, Inc. Contractor BY 7 D White Owner Pink Contractor Blue Office Yellow Field Goldenrod Municipal MEMORANDUM To: City Manager . PActs_ by C Qunc IFROG": Associ ate . P1 anner -- Johnson SUBJECT: Plan Amendment and Time Extension Endorsed.._...LOCATION 2696 Hazelwood Avenue -- APPLICANT: Health Resources, Inc. Mod ied OWNER: Health Resources, Inc. Rejected.,. _11111.... DATE: August 11, 1982 Date - - -.. SUMMARY OF THE PROPOSAL RReec uest 1. Approval of a plan amendment . from SC'., Service Commercial to RB -- Residential Business. 2 Approval of a time extension for the Health Resources' special use permit. Proposal 1 Construct a 100+ unit condominium or cooperativeve residence for senior citizPens . 2. The existing building would continue to be used for the applicant's offices, community health_ education, and outreach programs. This facility woul also be used by the seniors for dining, gymnasium, convenience shops and meeting room facilities. 3. See the applicant's letter of request. 4. This site is one of the two best sites among four sites presently being considered by the Housing and Redevelopment Authority for a seniors' residence. See Planning section.) CONCLUSION Analysis The present service commercial designation for this site would permit overly intensive uses relative to the surrounding land uses and should be changed. Designation as residential - business would permit the applicant to continue to use the ex- school facility as well as construct a seniors' residence of from 104 two - bedroom to 208 one - bedroom units on the remaining six acres. This density is con- sistent with the applicant's request and would not be out of character with surrounding land uses. No objections were received from ro ert owners within 350 feet of the site. P P Y This site is desi for a. seniors' -residence because of the residential nei 9 hborhoo( atmosphere and opportunities afforded by the park for i nteracti 'n among seniors and area youth. Bus service w i l l eventual be convenient, when ex to the future hosp site on Beam and Hazelwood Avenues. Because of these attributes, this site is considered by the Housing and Redevelopment Authority to be one of the top two choices among four sites (Map Five) presentl y 9bein considered for a seniors' residence. Recommendation L. Approval of the enclose resolution amending the. Land Use Plan fromServiceCommercialtoRB- Residential •' Se Busy Hess for .2696 Hazelwood Avenue. 11. Approval of a three •ree year time extension .for the Special Use =fie 'communi service pro rams at _ rml to conductg2696HazelwoodAvenue, since =there havebeenanyproblemscausedbtve notyhisfacilityduringthepasttwoyearsoperation. of 2 - BACKGROUND Site Description l . Size: 6.13 acres - seniors' residence = 3.88 acres - existing bui'ldi'ng 2.= Existing Use: a. Parcel one (map three Tw • ) o ball fields, ds, 1 eased by the C for organized softball d y 9 and tee -ball This lease permits the "use oftheballdiamond, providingng said use does not conflict with the use of the property by the applicant." b. Parcel two (_map three): Existing buildi presently99 p tly bey ng used for. the appl offices and commu service programs, includin out - h gpatienttreatmentforcemica1dependence, home healthth care , andcommunityhealtheducation. Surrounding Land Uses North and East: Hazelwood Park South: A single dwellin on a 4.4 acre •9 parcel, planned. for residentialdentsal 1 ower densi Jest: Hazelwood Avenue, West Hazelwood Avenue s 'several s ngl a dwellings on larger lots. Past Actions 8 -7 -80: Council approved a special use permit for the applicantPpplcant to opera the community servi programs, with the following conditions: I. The permit shall be good for one year. It may be renewed if 'Y Council determinesthattheusehadnoadverseaffectontheneighborhood. The concerns for parking spaces can be discussed at that time 2. Striping of the parking lot for 52 spaces 30 The City shall have a continued use of the ball diamond rovi di n it doesP9notconflictwiththeusoftheapplicant. 4. The City shall sign a hold harmless agreement absolving Health Resources Inc.of any injury liabilities for City use of the facilities 5. The applicant shall appear before the Council1 i f 'c an increase of the number of parking stalls beyond the 52 spaces is needed within one ear- recedi n theYpgrenewaloftheirspecialusepermit = 8 -6 -81: a. Council renewed the special use permit for the Health Resources Center for one year since there had not been any problems caused b this face 1 i t after y y one year of operation. 3 - b. Council approved a parking lot expansion for the f a c i l i ty . This ex pansionhasbeencompleted. DEPARTMENT CONSIDERATIONS - Planning 1. Land Use Plan Designation: SC- Service Commercial 20 Policy Cri teri.a from the Plan: a. The Service Commercial classification is oriented to facilities which arelocalorcommunity -wide scale. While a full range of commercial uses is permitted in this district, certain types of facilities whichpc may be of ahigh-intensity nature, such as fast -food restaurants, discount sales out-lets, gas stations, and 1 i.ght industrial uses, should be permitted subjectpub ecttospecificperformanceguidelines. The objective of establishing thisdistrictistoprovideforcompatiblepawidevarietyofcommercialuses,with the character and development of the neighborhoods in which they arelocated. b. The Residential Business classification includes high density residentiadentia9Y1andofficeuses, and should provide some transition between a commercial use that generates a-high amount of traffic, such as a Diversified Centerandresidentialuses. c. Page 21 -5: Housing within the community should be flexibleYlexble to permit a mixture of people in all housi areas regardless of age, ethnic, racial,cultural, or socioeconomic backgrounds. d. Page 18 -8: Housing should be provided which meets the p h Y sical and psychological needs of all persons. e. Page 18 -9: Locate multiple family housing i n areas not inferiorYg to those generally used for conventional single - family housing. f. Page C-37: 1) An elderly housing project should be located i n a residential district, but with good access to commercial facilities and services, such as grocery stores, drug stores, medical clinics and passive recreational areas. When these services are more than one - quarter or one -half mile from a site, access becomes a problem. 2) Access to community services which are not in close roximitPYtothesiteshouldbeprovidedbyanadequatepublicor pre vate transportation system. 3) The housing facility should be located s that ui ck responseof q emergency services (i.e. medical, ambglance, police, and fire) can be provided, especially when tKese are not provided on -site. 4) Whenever possible, open spaces for gardens or recreation should be programmed into an elderly housing project. 4 - 3 . Zoning: F -farm residence 4. Density: 34 people /net acre would be •the maximum permissible density. Aseniors' residence with 104 two - bedroom to 208 unitscouldbeconstructedontheundevelopedportionof_ this siParcelone. -map three) 5: Plan Update: a. Amendments to the .Land Use Plan 'a utho r Zed from March .3 , 1981, toMarch15, 1982, resulted in a .net loss of 61 •acres of high and mediumdensityacreagecity -wide. b. 39 acres of higher density land were e ' neighborhood.eliminatedm1nated n the Hazelwood 6 . HRA Housing Pro a. A feas.ibi'l i ty study is currently beingeing conducted to recommend among sevensitealternativesforthedevelopmentofas • ma fo enior condorn ni um or cooperati ve.See p four.) b. The appl -icant' s site is in a virtual ti f •e or first choice, based on a siteandlocationanalysisconductedbGarSolom • and y y onson and Associates for theHousinggRedevelopmentAuthority. c. Fi na1 ' si te'sel ecti on is scheduled for September 13. Preliminary s i to l ansmustbesubmittedbyAugust27. p d. To ensure that the HRA's housing program •applicant's 9 p gam can meet required deadlines, theappsplanamendmentrequestshouldbedecidedonb ' August y the City CouncnolaterthanAugt23. e. This site is well suited for seniors' housingg 1) The ex- school facilitiesitie (gymnasium, •s . congregate dining, and meeting roomcouldresult n. a s g s )gni f i cant cost sav reve to the other sitesbeingconsidered. 2) The vistas, proximity to open space, r 'p p residentialdential nee ghborhood setting andopportunityforinteractionwithyouth,are attributes highl 'for seni ors' housi g ly des rabl e ng. Public Works 1. _Sewer and water linesnes have adequate capacityt •q p y far a large ral structure. 216 =County Road C and Hazelwood are d •designated as minor arterial =roadways. Parks and Recreation 1. Development of this site would result in the loss of one, if not both, of thetee -ball playing fields currently being eased from '9 the applicant,cant. 5 - 2. on August 9, the Parks and Recreation Commission di •discussed the potential. . lossoftheplayfieldsbutmadenorecommendation. 30 The appli acknowledges that the northerly 'fieldd .would be lost. However,a goal of pl anni seniors' residences is to ensure o or - ' •interactionon of pp turd t es for theyouthandtheseniors. The feasi b.i l i ty. of retaining the southerly *site w' •1 ans r y ill be evaluated when sitepareconsidered. Citizen Comments Staff surveyed the property owners residing*esi di n within 350 f 'objections were g feet of this site. Noobjereceivedtothedevelopmentofaseniors' residence. The l andownertothesouthaskedtobeincludedinthisplanamendmentrequest. Noagreementwasreachedandtheapplicanthaaskedthattheresentrealone. P quest stand mb Enclosures: 1. Location Map 2. Property Line Map 3. Site Plan Map 4. Land Use Plan Map 5. = Sites Considered for Seniors' Residence 6. Applicant's Letter of Request 7 Resolution 6 - 9L . J l- T BEAM Ko h' / on Loke .: 1 _ AVE. / _ BEAM AVE RADATZ o W11 3 KOHLMAN AVE. + Y I KC!lLMANwr.w+. I.I.....r.w . ,.. COUNTY " ROAD > J Iy U J , J W J i W . a z u ? w 3 EDGE HILL RD. w fv a jox 1 v t Z DEMONT AVE.W ,_. W - Q IBROOKS A JE 2 I ~ o = i ,s 011? Keller 61 GERVAIS i u _ 11tr +ir W - S TA NT AVE. AV E. Q L G ER VA I S AVE. r G ANDVIEVY FAVE. / r36VIKINvIEiR.• 1 SHERREN AVE COPE ' AVE. - == - " _ COPE AvE LARK AVE. v> LARK AVE. F' 2 LAURIE I RD. Z ¢ LAURIE R0. / I ' D 25 = AN j[ HURST cZ ... .. ¢ W 6-' a AVE. BU RKE AvE, s J-J o LDRIDG AVE I W BELMON AVE . N > LARK AVE. SOU TY O -L ? FLEL AND IRE. o JUNCTION qvEE. P BU RKE w 21 v% N m AvE. MAR RfS '' J ¢ AVE o N m I Q4. ROSE WOOD AVE. RYA VE SiR R R. Q Q avPQ o ir 28 N o ..: N P 28FROSTchAVEN ;- vt 7 ,,. w22 p° F : JFF ` 1 sSa >- }- ` . 27 "t NM.ON AVE. a a Q H PF l IL c. .... v 4 % ... - Map 1 LOCATION MAP 4 N f i t r r r f f P f j Lxr- 00 Lli oza o 1 t` s r ` L7 • •tw k6!6mwr 1559 - 1585 a • TI 4-1 %a Ma z PROPERTY LINE MAP 4 N t i 1 P f j Lxr- 00 Lli oza o 1 t` s r ` L7 • •tw k6!6mwr 1559 - 1585 a • TI 4-1 %a Ma z PROPERTY LINE MAP 4 N 0 0 1 1 1 D N ' m r O O o i r i 1 0; 1 D m. Z C m 33 0 0 0 o Map 3 SITE-PLAN 577.70 N 01b.ly , R-H S C O interchan -p rincipal arterial 0-tv-Z."Al i n e r h a n g eVaWnassei -_ ma collector R B A _ DCBW A fsoft 114 E2 W L-a La K'*J minor arterial Os S , I 1 i + T . -T-Rni lOsi RIRM r 0 0 l _ S ( ad S C rb OP L I ;- Rol l vinterch n I major irteriar _ L ma or interchan a IF-71 r---1 r-- Al Map 4 Hazelwood NEIGFBORE LAND IISE PLRi 0&0 MmJ-694 JIWPG T E CIE AP LAK E) VsDftAIS @*EIGNTS 10 Site '" Stt 11 re6IrrL.L I LAO L • I LAC 4A w... a . /=!)! _._ _ -• _ / _- •------ - --- - .« om e 14.a 2640 N. LO Sit e 3 2 4 00 N.tX! 9CA 9 wa36rt.-475-:: Sit e L4Iqwo% I mu-IL ?Isom. jr ro A." LM Ir A -'C 1g .J1 : - * . ' I x•11 - •• --' • • . • r «' S i t e MF ST 1P& UL Map 5 - r-M b of va fftoo* 0 0 40 kL—J!W MO ST. awe Z! qLCITYOF -we 3! A Ij h SITES BEING CONSIDERED FOR A CONDOMINIUMFORSENIORCITIZENS (initiall SITES RECOMMENDED FOR FURTHER CONSIDERATIONBY ..THE HRA ON 7.28-82 4L doe* 46 1W Site. 7 o It 'DEVELOPER 3 Woodmark, Inc. 4 Health Resources, Inc./Ebenezer Societ6Bor-Son 7 P,J, Sau 12 Ps Health Resources, Inc. sM A Holding Corporation for Medical, Health S Hospital Services 12 July 1982 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 designing a senior housing project in conjunction with its Hazelwood School site. At the present time the Comprehensive Plan would prohibit high density housing'in that it has a commercial _ classi.f ication . Our intention would be to blend high-density residential with supportive offices and shops. In our preliminary plan - ning stages- feel that by physically attaching the senior high rise to a building which houses a wide variety of supportive programs such as shops, food, recreational ser- vices,.and educational programs in health and wellness, we could enhance the life of those in and around the project. We certainly do not feel this would in any way have an adverse affect on the surrounding community or the Compre- hensive Plan. Many of the services would be available to people living outside the housing project. We therefore request a change in the Comprehensive Plan from SC to RB. If you have any questions, please contact me. Sincerely James B Swanson Vice President Senior Services Division os r Health Resource Center • 2696 Hazelwood Avenue • Maplewood, Minnesota 55109 612) 770 -9133 A RESOLUTION NO COUNTY OF RAMSEY CITY OF MAPLEWOOD RESOLUTION APPROVING A LAND USE PLAN AMENDMENT . WHEREAS, a proceedings for the amendment of • al the Maplewood ComprehensiveMunicipalpPlanentitled "Plan for Maplewood" has been initiatedResources, Inc. fora t ated by HealthchangeofPlannedUsefromSC- Service CommercialResidential- Business, for the fold to RB- owi ng generaliy descri bed area: Except Hazelwood Park, all that r 'p operty lying north of the south 510 feetintheSouthwestquarter (SW 1/4) of the Southeastthree (3)5 t quarter (SE 1 /4} of Sects onTownship29, Range 22. WHEREAS, the procedural history of the ro osedpp amendment is as follows: 1. The City of Maplewood has a Comprehensive M •p Municipalpal Pi an entitlededPlanforMaplewood" adopted pursuant to the rovi si ons ofStatutesChapter6p Minnesotap70, Laws 1965 (the Munipal Pl anni n Act MinnesPlanningaStatutesAnnotated, Sections 462-351 to 462.364 thereof); 2. Minnesota Statutes, Section 62 - •4 .355, Subdi 2 and 3 thereof, provideforamendmentoftheComprehensiveMunicipalPlanr 'o of any section thereof; 3. An amendment of the Comprehensive Municipal Plann has been proposed by HealthResourcInc. and referred to the Maplewood Planning Commission, 'on, whichheldapublichearinggonthe16thdayofAugust, 1982 pursuant to MinnesotaStatutes462.355 Subdivision 2 thereof, notice b ' b y mail1 and pcationhavinggeengiven, heard all who wished to be heard, considered all writtenandstaffreportsandanalysis. WHEREAS, the , Mapl ewood City Planning Commission, having 'of those g considered thetestimonyosepresent, all written submissions to it and staff repapprovedtheamendmentonthefollowigndingsoffact: n fi ' 1. The present designation of SC -Se '9 SC-Servicece Commercial i s overly i.ntens i veandout - character with adjacent planned uses. 2. The resultant density would not be inconsistent i uses. w th the surrounding land 3. The site is well suited for a senior 's residence. y 4. Six of 39 acres of higher density residential land woulduld be regained whichhadbeenlostinthis. neighborhood during the Plan Update process,p p s. 11 , 1 NOW, THEREFORE, BE IT RESOLVED that the Maplewood City - Gouncil.herebycertifiestheabove-described amendment to i Comprehens i ve Muni ci pal Plan entitled "Plan for Maplewood. Adopted this day of 19 Mayor Manager ATTEST: C1erk' SI L-f - 16 - 50 PUBLIC HEARING t A. Plan Amendment: 2696 Hazelwood (HRI) Secretary Olson said the applicant is requesting approval for a Plan amendment from SC, Service Commercial to RB, Residential Business. Staff is recommending approval of the request. He indicated the Mari ng notice was properly published. Bill Knutson, Health Service Development, 2696 Hazel wood, the proposal is to construct - residential restructures for seniors in Maplewood* Chairman Prew asked if there was anyone else present who wished to speak regarding this proposal, Ron Erickson, 2673 Hazelwood Avenue, said he was originally informed the site may be too small and possi would not be considered for senior housing development. He basi..cal objects to the proposal, does not wish further_ development in the area. He is concerned with the added traffic in the area. James Love, 2661 Hazelwood, also concerned with added development in the area and additional traffic. The Commission explained the difference between the Plan designations and what type of use is permitted in the categories and also the differ ence between the -Phan and the zoning districts. i' They discussed with the applicant the type of units to be constructed, and also the phasing scheduled for the hospital development at Beam and Hazelwood. Chairman Prew closed the publi hearing portion of the meeting, Commissioner Fischer reviewed the process site, selection for the seniors residence. _ Commissioner S1 etten moved the Planning. Commission recommend tot CJ.ty__CounciJ..approval_o the resolution amending the Land Use Pl . from SCSem -ce- simme i al to RB Residential Business for 2696 Hazelwood Avenue, Commissioner Howard seconded Ayes- -Commi ss'i oners Barrett, Fischer, Hej ny, Howard, Ki shel , Prew, S1 etten, Whitcomb Commissioner S1 etten mowed the P1 annig Commission recom to the_ Cj t.. ..Counci.l _appr of a three -year time extension for the s a c ' use ermi ts_CQ m uni t service orog at 2696 Hazelwood Avenue since there have not ben an,V Drob d by this facilitv du r ' _e of oDerati on. Commissioner Whitcomb seconded Ayes -- Commissioners Barrett, Fischer, He j ny, Howard, Ki shel , Prew, Sl etten, Whitcomb 6. VISITOR PRESENTATIONS 7. COMMUNICATIONS MEMORANDUM t , TO: City Manager tA.c icn bFRAM: HRA Staff Liais Johnson - SUBJECT: HRA Housing Proposal DATE. September 3 19 8 2 ,.,. Da. lu e Re The Housing and Redevelopment Authority (HRA) recommends that 'Counci 1 approve ofthefol:1 awi ng actions on September. 13: T . Pursue develop of seniors r •re on two s (HRA sites three and four 2. Apply to the Minnesota Housin Fiance Agency f ' program 9 g y or the first-time home buyer 3. Authorize staff to execute letters of agreement 'g ent w th bond counsel, thedevelopersandbondunderwriter. DISCUSSION Senior Residence Sites On September 2, the HRA unanimously supported the recommendations of the feasibilstudyforthedevelopmentoftwositesforseniors' residences. Siteses three andfour (enclosed map) are recommended for 75 units each. Site three should bedevelopedintownhomestyledwellingsfortheounerempty-nesters.Y g Site fourshouldbedevelopedinapartmentstyle /cooperatives for the more frail elderly.Y- On August 9, Council narrowed the field of oss i bl a sites down three f p n to four- our, six, and seven. Subsequently, sites six and seven were withdrawn b ers : The two remaining ' ytherespectivedeveloPsitestes (three and four} have beendeterminedbyGarySolomonsonAssociatestobegoodsitesforseniors' developments. The development proposals presented by WoodMark, Inc. (site three and HealthResources, Inc. (site four) are consistent with the HRA's recommendationos.Concept plans are enclosed. Detailed site plans must be ap b CouPpYci1 foreachsitebeforeCouncilauthorizationonwillberequestedtopreparethedocumentstoestablishtax-increment finance districcts - p Counci 1 action is pending on a Land Use Plan amendment from Service CommercialecialtoResidentialBusinessforsitefour. The P1 anni n Commi ssioh and '9 y HRA are i nunanimoussupportofthechange. In the event the-request - 'wou d be den by _Council, site three should be considered for all 150 units. ffowever thissituationwouldbeundesirableintermsof: _ ' 1. The per unit costs to the frail elderly development would increasese rel at i ve tositefour,and 2. The competitiveness of first -time home buyer program would be reduced, as explained below. 1 First -Tim Home Buyer Program Both developers view the program as an important marketing advantageoftheirseniors' 9 ntage for the. saleunits. Gary Sol orionson Associates has determined that this rro am ca •Maplewood. A - P g, can successful inMapsevenmillionliontax - exempt mortgage bonding i ssue i s. recommendedAssuminganaverageof $ this equates to about 100 mortgagesforfirst-time that would beavailablest -time home buyers. - A__seven million dollar issue is about as small as can be successfully made,according to the bond counsel and bond underwriters,. Thus it i s ithata150unitsofr - - mpo rta nt p seniors housing be given consideration to supportthemajorityoffirst - time home bu er mort a theseyggemonies. A secondary use Of thesemoniescouldbetoassistthesaleofexistingMaplewoodhomesto9ppersonswhowouldnotrelocatetothesenior's residence or for new construction. The de-tails of how these monies would be targeted are scheduled •g e to be establshed at theHRA' September 22 mee Permitting two developers to participate in the construction of the seniorsresidenceswouldresultinadecidedadvantageforthefirst -tim e home buyer pro-gram. A minimum of three percent of the first -time home buyer bond iabout $210,000) must be u - y • ssueup -fronted i n cash by the developers. ers . R ers allows this p Retainingng twodevelopersptisrisktobeshared. Where one developer could contributethethreepercent, two could contribute a total of four to fi rpe cent , which wouldmaketheMaplewoodapplicationmorecompetitive. To meet the December-13 1982 application deadline, the first -time home pro-buyergrammustbecompletedbnecessitates bu mid-October. y p y Thiss deadl i ne the retentionoftheseniors' developers }, bond counsel and bond underwriter effectiveect ve onSepteriiber13, , or shortly thereafter. The December 31 deadline also requires Mapl ewoodt Housing Plan to be a r 9 adopted onOctober25underChapter462c(Tax- exempt housing revenue bonds) of State Statutes.This public hearing date should be set on September 13. Letters of Understanding On August 9, Council authorized staff to negotiate contracts to retain a bondcounsel (Holmes and Graven, Chartered), bond underwriter (Miller and SchroederMunicipalsorDuranandMoody), and financial advisor (Duran and Moody). The objective in negotiating these contracts has been to commit the developer(s)f - e elopers}o the seniors residences to all project costs, whether the amror proceedsexectin p g p s or not. The only p o , as authorized by .Council on August 9. that theC_i ty would pay $4,000 for the preparation of the first -time home bu 'uye acatson ysubjecttoreimbursementonlyiftheapplicationisapprovedbtheMinnesotaHousingFinanceAgency, pp y s Agreement on these contracts, as well as a contract to retain each of the developersisexpectedduringtheweekofSeptember6. The' C'p e City AttorneyhasbeeninvolvedinthepreparationofthosecontractsExecutionofall contracts should occur not later than September 17, to ensure that the first -timehomebuyerprogramdeadlinescanbemet. 2 Recommendations I. Approve the enclosed resol utio n, authorizing the conditional preparation ofapplicationstoobtaintax - exempt mortgage f o nanc 0n tax- incrementfinancinggandtaxincrementgauthortes. I I . AuthPrize staff to execute lettersrs of and •understandingtond ng with : - A. WoodMark, Inca forthe recommended seniors development on s te. three; B. Health Resources, Inc. for the recommend ed senior's Bevel opment on s i tofour; C. Holmes and Graven, Chartered to serveve as bond counsel, D. Juran and Moody, Inc. to serve as financial advisor; E. Bond underwriter (a recommendation to be offered on September 13) . III. Approve the enclosed resolution setts •setting a publicc hea r ng for October 25 toadopttheCity' Housingng Plan under Chapter 462 cP (Tax - exempt mortgageebondsng) of State Statutes, ic enclosures: 1. Map of Senior Residence Sites 2. Concept Site Plan for Site Three (WoodMark, Inc.)3. Concept Site Plan for Site Four (Health Resources In4. Resolution Authorizing Preati on of Applicationication DocumenpP is5. Resolutioon for October 25 Public Hearing s 3 pr • 7 ti aI Tar - ' f t 11 ,.E Site 57 Site 6. y ^ _ - -_ _ z ^ ._.. ' • - , . 3. iS t e _ jr j ZI t t e - PD law Owa 36 t e 2 ZI 2 1 6 O N. 3 x W. or t e R_ P.vi 0 3 IL J.. Ibis f i CITY OF _ WO 1 - -mMA.P21,1 , ter •`• 8 -9 -82) IT. " • DEVELOPER - 3 wo dma rk, Inc. 4 - Health Resources Inc. b _E ene SocietyC °e= -7 & - (Withdrew 8 -24 -82 SITES BEING CONSIDERED FOR A CO FOR SENIOR CITIZENS (initiall - SDI f l = = -'' _ r S e. SI TFS RECOMMENDED F OR FURTHER CONSI DERAT10N BY - SHE HRA ON 7 -28 - ,- -o Z ,. I _ f s ate •r = N _ .i ,p, A VIP 11 `fig' yip •, rte. NOW CsF.RVAIS _ MAPLEWOOD ELDERLY HOUSING PROGRAM SITE P SITE THREE NMTM 0 It Nona N AA t,A' -gip ' ' . • ` "'rt -l° _.__.__ a City Tra ` -- v fit z • . r ' ' r",..' , - _ ``ice— - — - _ - __.,.: 4 1y ' ref' _ --' •t K. '. , • s _ • ,.:•! . ! . _ Mott interior SDSCe -_ L • 4 T ; , J• Muth- purpose Community Roots ---± Ty ---A% Cirds 3 Story ; Apartment •2 • -ice Building - =; 72 Units Over Parking Garage A72Cars units Designed To Orient. Either To South Sun Or -i To Northeast views ARd TO Bu"or Winter wjncer_j Wood Frame. ` Constrw0lor... ')-ZX.. Hazelwood Ave. Proposed -- LandscapWg Oriented South Or Northeast d - sR eR \ Srte / Buildng Schematic — OR K 2 Bedroom Unit t eao SW FL p e ST s No Scale I BodroR 710 Sq. FL 0 1: Dwelling Unit Schematic Site Size 10.6 Acres Building Coverage 44,000 Sq. FL Exist Building 24,000 Sq. FL Housing Project 68,000 Sq. Ft. Total/ 15% Of Sit. Open Space 6.0 Acres /57% Of Site Density S.1 People /Acre Genei Dwelling Units 47 - 1 Bedroom At 710 Sq. FL Ea 25 2 Bedroom At 850 Sq. Ft. Ea. 7.2 Units Paiking 136 Exist Building 72 Garage 18 Surface Proposed 226 Total Spaces Apartment Building Areas Garage - 24,000 Sq. FL Aparbrwd Building - 3 Levels At 24,000 Sq. FL Ea : 7 2,000 Sq. FL 66,000 Sq. Ft. Total al Data MILLE HANSOS WESTERBEQ BEL. ARCH - y* surtt C M/TIER A W'"'.APOLIS yM, SW3 612- 336-77 Brauer& Associates Ltd.lnc.7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 SITE FOUR Senior Homes Proposer Health Resources, Inc. 2696 Hazelwood Ave. Orient Eith South Maplewood, MN For Passive Solar Meat Or Northeast For Views 55109 i Buttsr Against Winds Genei Dwelling Units 47 - 1 Bedroom At 710 Sq. FL Ea 25 2 Bedroom At 850 Sq. Ft. Ea. 7.2 Units Paiking 136 Exist Building 72 Garage 18 Surface Proposed 226 Total Spaces Apartment Building Areas Garage - 24,000 Sq. FL Aparbrwd Building - 3 Levels At 24,000 Sq. FL Ea : 7 2,000 Sq. FL 66,000 Sq. Ft. Total al Data MILLE HANSOS WESTERBEQ BEL. ARCH - y* surtt C M/TIER A W'"'.APOLIS yM, SW3 612- 336-77 Brauer& Associates Ltd.lnc.7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 SITE FOUR RESOLUTION No, Setting Public Hearin on Housi PlanHearingg rs . WHEREAS, the City of Maplewood (the " • fi - .. p -City" ) is interested in developing attimehomebuyer /senior citizen housin program; and p ggP ' , WHEREAS, the C is interested in sellingng housing revenue bonds pursuantto . ,Minnesota Statutes Chapter 462C (the "Act's in o 'order to provide loans to thepurchasersofhousingunitssoldbyseniorcitizensintheCit •y, and WHEREAS., the Act requires the ad • 9 - option of a Housing Plan -the "Plan ")after the holding of a public hearing, after ublished notice at 1 • the date of the public p east 3 0 -days prior topchearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECIYTOFMAPLEWOOD: 1. That a public hearing on the proposed Plan is set for Octoberctober 25, 1982atp.m, in the Council Chambers. 29 That the City Clerk is directed to publish the following noticepublicbearingonceatleastgce of 30 days prior to the public hearin in a news acirculatinggenerallintheCit : g p perYy NOTICE OF PUBLIC HEARING GENERAL HOUSING PLAN NOTICE IS HEREBY GIVEN that the City •y ouncil will meet in the City Hallatp.m1 October 25, 1982, and conduct a public bearingrequirementsofMinns p g pursuant to thereqMinnesota • Statutes, Section 462C.01, et se as it relates tadoptionofaGeneraousingan. This lan will descri etheCity o and will p e housing needs of y ll describe a plan to meet said needs and other matters rMinnesotaStatutesChapter462C. required by Persons desiring to be heard on the proposed plan may address the Council.Further information regarding the lan will be avail •P able at the office of the CityManagerafterOctober11, 19820 Adopted this 13 day of September 1982., Attest:Mayor Secretary f 1 TO: FROM: SUBJECT: LOCATION: APPLICANT: NNER: DATE: SUMMARY OF THE PROPOSAL Action by t E rss,: r . Date Request The applicant. is requesting approvalval RosevillePPtomovehishousefrom toSouthlawnDrive. Descripti of the House The house is a traditional rambler. The original 'part i s 25 yadditionwasaddedin1965. The house has a walk -out basement withcargarage. The basement would be a singlereconstructedatthesitewithadoublecargaragefacingSouthlawnDrive. CONCLUSION . Comments The house is compatible with the neighborhood and shouldd be allowed to be movedin.. The surrounding land is undeveloped. The close are mixed styles p close homes on Radatz Avenueyesand Drive, of singlengla There are two new doubt -i ngs on Southlawn Dri north o e dwell- s f Radatz Avenue. Recommendation Approval to move the applicant's house onto 2799 Southlawn Drive, based on thefactthatallthefindingsundersection820.040 (1) would be met. Approvalissubjecttocompletingthefollowingbeforeamovingpermitisissued: 1. Payment of delinquent taxes and assessments 2. Payment of a $100 application fee 3._ Provide a cash escrow, an irrevocable letter 'of credit, or equivalentof $1,000.00 to guarantee any street repair that 'from damages p may be requiredresultinggscausedbymovingthebuilding. 4. Lot lines shal 1 be verified b the applicanticant b 'y pp y survey pi ns r 5. Furnish an irrevocable letter of credit, cash escrow, or equivalent security 1112timestheestimatedcostofremodeling, refinishing, or otherwise construc •n9t g or MEMORANDUM City Manager Director of Community Development Hose Moving Approval 2799 Southlawn Drive Herman Johnson - Anderson -Frei tag, Inc. September 1, 1982 reconstructing such building in accordance with the 1 ans and 'p specscations. With this surety, -ety i t shall be further conditioned that theworkwillbecompletedwithinninetdayofyytheissuanceofthepermit. 6. All rubbish, materials, .extra fill, -dirt, or i eft over materialshallberemovedfromthepropertywithinsevenrdaysafter 'y a buildingis- removed from a siteto i n Maplewood _ 7: Any excavation or basement left after a house is moved from or withalotinMjaplewoodshallbefilledinwithin48hoursunlessapermitisapprovedtomoveanotherhouseontosaidexcavationAnyuncoveredbasementorexcavationshallbefenced. jw Enclosures location map property 1 i ne map applicant's letter petition k 2- BACKGROUND Site Description Acreage: 100' x 877' = 2 acres _ i Existing land use: Undeveloped Surrounding Land Uses Undeveloped. The properties to the south and west-are being. acquiredred byRamseyCountyOpenSpace. q DEPARTMENTAL CONSIDERATIONS Planning Land Use Plan designation.- OS, open space Zoning: F, Farm residence Section 820.040(1) requires that the following findingsns must be made t9 o approveabuildingrelocation: 1. The proposed building is compatible with those in the neighborhood it would be moved to. A determination of compatibility may be based on com ar,i n theP9structure's .exterior siding, height, mass, age and style of construction to the average home in the neighborhood to which the house is to be moved and the health, safety and welfare of the community. 2. That all City Code requirements can be met. 3. That water runoff from the site will not cause an adverse effect on surround- ing properties, r 4. Public streets can be protected from damage. Public Works Water and sanitary sewer are available. Financial Taxes and assessments have not been paid since 1977 on this site. 3- VADNAIS HEIGHTS AVE. f 0 w 0 >16-dp CIO j KOHLUAN AVE. VE w K O'H L WAN AVE.WA c 0 UNTY ROAD c ., Y a 23 :., E DGEHILL RD, cr A[ 65 J U) DEMONT AVE. Q i u ROOK AVE, 0 61 t W AVE. 11 th AVE. • SEX L GERVAIS AV GERVATS E PVA I AVL 2 G 6NDVIEW 36 IVIKING o R. 36 ASTLE AV SHERREN AVE A E IN AV E. 0 OPE AVEx .—]COPE AVE. LARK LARK ILAVE.U) 25 ZCMTYIAURIE90FLccRD LELAND 2 x I SANDI ZI 0 w w z @ z 490JUL4096449x ;j 25 I > L U RKE ou /Z AVE,ti F r LOCATION MAP* WHITE BEI wl 4 I fn r C Sr Lo 17 t • (} - C 33 - 5 C•C. 1.3 mac i 3 I., w TWO DOUBLE DWELLI GS Co.r r wow ws r_ 1 ate T Z i Z 77 75 1 t MAPLE KNOLLS' ti.::.::'•.:• TQWN HOMES t t .ti .....; ....:...., .: :. .: •.: :..... ::::.:::.. 30 20 I i a - ! I or 1 r „N Dd a+ EE -i -AV ,.. o" t t V c F. t0 IL PROPERTY LINE MAP J 4 i k t V SINGLE DWELI.INGS i 1 11-7 9 RADATZ t i Z 77 75 1 t MAPLE KNOLLS' ti.::.::'•.:• TQWN HOMES t t .ti .....; ....:...., .: :. .: •.: :..... ::::.:::.. 30 20 I i a - ! I or 1 r „N Dd a+ EE -i -AV ,.. o" t t V c F. t0 IL PROPERTY LINE MAP J 4 i k t A i 'Ii J MICHAEL 1. FAHEY August 13, 1982 TO THE CITY COUNCIL OF THE CITY OF MAPLEWOOD: I have no objection to the site in Exhibit A.single- family home pictured below being moved onto the NAME DDRESS 3) 4) 5) 6)Ta B DECtDED 7)WaN-t- ' CaMMRQ.1,4L DEVELoPAA E t[ TNOf([ TS oMM T L0 P T 10)o wit R ,. o tit vA 11) 12)a & 01% $- lie 13)OWNEk ON CAT to N 14)C P! N OT LO CT, ply N E 15) 16), 17)OWNER 0 VA I ON MEMORANDUM TO:City Manager FROM:Thomas Ekstrand-- Associ ate Planner SUBJECT:Sign Variance LOCATION:Century Avenue North of I -94 APPLICANT:Denny s Restaurant OWNER:Tanner's Lake Partners PROJECT:Denny's Restaurant DATE:August 19, 1982 SUMMARY OF THE PROPOSAL Request lid G ? YadiY R ect ;>, Da. G e 1. Approval of a sign height variance to erect an eighty foot tal 1 PY l on sign,At the ten foot setback proposed, Code would allow a maximum height of twenteighteightfeet. The variance, therefore, would be for fifty-two 2. Approval of a sign area variance for a 350 square foot sign. The maximum Code would allow is 200 square feet, Proposal • I . Refer to the enclosed site plan, - si gn plan and the applicant'sicant's letter datedted August 10, 19820 2. Since the Cricket Inn's pylon sing would be displayed from the Denny's Restau- rant site they Y ey would not _ be proposing an additional on -site Cricket Inn rpylonsign. CONCLUSION Ana lys i s Staff agrees that there is a need for a taller sign than Code would P ermi t for v i s i b i l i ty from the Interstate , There has not been any evidence provided, however, to justify that a sign as tall as eighty feet is needed. Staff feels that a fifty -foot tall sign would best meet the intent of the sign code as well as provide the applicant with a readable sign from the Interstate. Presently, the only obstacle preventing the noti cabi l i ty of a fifty -foot tall sign are the trees on the Denny's site, and these are all to be removed. It should be noted that the American Fami Insurance sign is fifty feet tall,and permitted to be that high, due to its large setback. Approval of this variance would •also help to control sign clutter, since theCricketInnwouldnotbeerectingaseparatelonsignonhPYgtheirsite. Recommendation Approval of this sign plan s _ _ .._Hgtamped81082forasigngnheightand• si n areavarianceforDenny's Restaurant and the Cri cke . g t Inn, on the bas . . that: 1 . Strict enforcement to h -eight limitations woul cause undue hardshipsincethesignwouldnotbereadablebtheyinterstatetraffic. 2. By combining the signs on one fift g tall .pole, Denny "s an theCricketInnwouldhaveminimizedthelutterc •that multiple signs createontheenvironment. Th ordinance presently would allow one 200footsignforeachpate .polesbusinessifonsear square Approval is subject to the following. conditig 1. The maximum hei ht of the •9 s shall be fifty feet. 2. Each of the two sign faces s h a l l n exceed 175 square feet. 30 No additional free - standing signs shall be9 allowed on ether site. 4 No additional sig shall •9 be allowed on this sign pole. BACKGROUND Site Description 1. Lot size: 36,000 square feet 2. Existing land use: An old vacant single-family d9y welling and garage. 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 11- 10 -81: The Community Design Review Board conditionally •Inn. approved the Cricket J 8- 10 -82: The Community Design Review-Board 'Y 9 and conditional 1y approved plans forDennysRestaurant. The appli at that meetin , requested thconsiderther g q at the Boardpsignvariance. The Board took no action on this. 8- 16 -82: The Planning Commission recommended •s , o ended approval of a special use. permitforarestaurantattheDenny's site. 8- 24 -82: The Board recommended approval of the sign height 'g g t a nd sign areavariancerequestbyDenny's Restaurant, subject to the following •conditions: I. The maximum height of the sign shall be fifty feek9try t .2 Each of the two sign faces shall not exceed 175 square feet.3• No additional fre q ee standi nq signs shall be allowedowed on either site.4. No additional signs shall be allowed on this sign9 pol Approval is recommended on the basis that: 1. Strict enforcement to height limitatiotoi •g tons would. cause undue hardshandthesignwouldnotbereadablebytheinterstatetraffic.c2. By combining the signs on one fifty -foot tall of a Dennp ny s and theCricketInwouldhaveminimizedtheclutterthatsignscreateonthevisualmultiplep environment. The ordinance presently would allowone100squarefootsignforeachbusinessifonseparatepoles. 3 PLANNING CONSIDERATIONS 1. Land Use Plan designation: -SC, Service Commercial 2. Zoning: M -2, Heavy Manufacturi nr 3. Sign Code requirements - -M -2 District: a. The total area of a freestanding sign shall not exceed two- hundred 200 square feet. _— f, b. In no case shall the height of a freestanding sin as otherwise permittedgg - p by this section, exceed a height of twenty4ive(25) feet at property line. The hei ght may be i ncreased by one (1 } foot for each addi tional three 3 feet the sign is setback from the front property line. Measurements shall be to the column or columns nearest the street front.' The height shall be measured vertically from the average street and /or lot grade nearest the supporting columns to the highest point of said sign, but in no case will this- exceed fifty (50) feet to the top of the sign. 4. Statutory: State law requires that the following findings be made before a variance can be granted: a. Strict enforcement wou*l d cause undue hardship because of circumstances unique to the individual property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance, i ic enclosures: 1. Location Map 2. Property Line Map 3. Site Plan 4. Applicant's letter of justification date stamped 8 -10 -82 5. Sign Plan date stamped 8 -10 -82 4 3Mgr or 68 MATCH LINES C O N 1AY !____ I A V SEKVI _RD x, Q 3M 3 r Ra:' j 94 12 i 120 T " HUDSON HUDSON RD. tIACE 4v R Y / Creek . MAYER L JAMES 35 U )"PER AFTON 16 TZBN RYZW t r• N N f LOWER AFTON Rp A. MAM rte f= 68 39 dom pow t f O'DA" LOCATION MAP CA 464 pr A Jj 1 A Now/ I O vc CRICKET INN SITE f I 67-1LIZ' DENNY'S SITE AM E R I CAN FAMILY T Ncl mAmrr I J 1 III Z1 t Ae 14. Ir A 4L IK- 4 " r3 cnk a 0-4 INTERSTATE 94 ot 4,1 vt L A 11 PROPERTY LINE MAP 4 ti 1 t 1 t a 8 _ 1 1 r. 1 1 r k t 1 TA rn 4 Cope T go Y I• 1 I V • f1., r * r I SITE PLAN AUG i interplan practice ltd architects/ planners route 83 at route 171 south lemont township, illinois 60439 telephone 312 - 257 -7736 BOARD OF APPEALS APPLICATION Denny's Inc. and Cricket Inn would meet the following criteria asoutlinedbelow: 1• Strict enforcement would .cause undue hardship because of circumstancesrcumstancesuniquetotheindividualpropertyunderconsiderataton. This property is located approximately 600 feet North of 1- onCenturyAvenuewithagradelevedistanceofapproximateland25feetbetweenthe.property the Highway elevation. Denny's Inc. and Cricket Inn feel strict enforcement to a twenty -five foot height 0 square foot total size would cause-unduehardshipinthatthesignwouldnotbereadablebtheInterstatetraffic . They are asking that the sign be given a va r i ence '80 feet and a - to a height of size o f 175 square feet for each of the two s onthesinglepole. 2. The varience would be in keeping with •p g th the spiritr t and intent of theordinance. r By combining the two signs on one high ole Denny's anwihaveminimized p Y d Cricket Inn the clutter that multiple signs may create on thevisualenvironment. NOTE: See our certified abstract's list in our Special 'p Use Application. ray chocholek a.i.a. louis narcisi a.i.a. terry lee williams a.i.a. craig podalak a.i..a. Objectives 1. Provide enough space between single dwellings i n s and larger er b ' d . g g buildings on a . acent. 1 ots to prevent the average homeowner from feeling intimidatedmi dated b larger building, ythetarg ; 2. Prevent the larger building from casting a shadow on an adjacent home. 3. Avoid being anymore restrictive than necessary. CONCLUSION To achieve the Council ' s objectives, the following changes should be made in the Zoning Code. Minimum Setback Minimum side and rear yard setbacks from farm, single and double-dwelling zoning gdistrictsshouldbeestablishedforallmultipledwelling, commercial and industrial structures. Twenty feet is suggested for a multiple e dwel l i n withP9lessthanseventeenunits, and a limited business commercial structure. Fiftyfeetissuggestedformultipledwellingswithmorethanseventeenunits1all commercial,other than limited business commercial, and industrial structures. Where a residential structure is a non- use (i.e. sin l eg dwelling in A business zone), these setback requirements would not apply. y. Re u i ri nPRequiring a restrictive setback in these instances would constitute an unnecessary hardship Pforthedevelo.per -- resulting in larger setbacks than would eventually be required s as zoned,o .wben the area develops z n Y re q Building Mass to Setbac A maximum of 2000 square feet of exterior wall area should be ermitted at theminsideorrearand P y setback for multiple dwellings, i ngs , commerce al and industrial r I MEMORANDUM TO :CityCity Manager fLion - 1, FROM:Director of Community Development En . ,SUBJECT:Code Amendments -- Setbacks to R -1 and R -2 Zones DATE:August 11, 1982 p:fodl.f ``' -- e ect erg Date R q u e t The City Council , on May 6, directed staff to recommend minim u m setbacks foralltypes-of buildings from R -1, residence district (si n 1 eg dwel 1 i n z ones,g)that are based on the height of the building, Problem Counci 1 fel t that the Code al l ows tal 1 , massi ve bui l di ns to be burl t tooo closetosingledwellings. The proximi of Concordia Arms to the homes to the eaisanexample. Council also wanted to consider increased screeni tandards .9 Objectives 1. Provide enough space between single dwellingsins and largerer b ' d . g g buildings on a . acent. 1 ots to prevent the average homeowner from feeling intimidatedmidated b larger building, ythetarg ; 2. Prevent the larger building from casting a shadow on an adjacent home. 3. Avoid being anymore restrictive than necessary. CONCLUSION To achieve the Council ' s objectives, the following changes should be made in the Zoning Code. Minimum Setback Minimum side and rear yard setbacks from farm, single and double-dwelling zoninggdistrictsshouldbeestablishedforallmultipledwelling, commercial and industrial structures. Twenty feet is suggested for a multiplee dwel l i n withP9lessthanseventeenunits, and a limited business commercial structure. Fiftyfeetissuggestedformultipledwellingswithmorethanseventeenunits1all commercial,other than limited business commercial, and industrial structures. Where a residential structure is a non- use (i.e. sin l eg dwelling in A business zone), these setback requirements would not apply. y. Re u i ri nPRequiring a restrictive setback in these instances would constitute an unnecessary hardshipPforthedevelo.per -- resulting in larger setbacks than would eventually be required s as zoned,o .wben the area develops z n Y re q Building Mass to Setbac A maximum of 2000 square feet of exterior wall area should be ermitted at theminsideorrearand P y setback for multiple dwellings, i ngs , commerce al and industrial buildings, when abutting property is zoned for residential use. For every 1000 square feet, or part thereof, of wall area i n excess of 2000 square feet, the minimum setback should be increased by five feet to a maximum of 75 feet. Concordia Arms is set back 56 feet, with an east wall mass of 8128 square feet. The suggested code would require a similar structure to be at tie maximum setback of 75 feet. The Mapl ewood Dental Specialist (11th and White Bear Avenues) i s set back twenty feet, with 2160 square feet of mass facing north, as measured from the top of the roof line. Under the proposed code, a similar structure would have to be setback at least 25 feet. Building Height to Setback At the minimum side and rear yard setback, the maximum bui l.di ng height should be limited to 25 feet. Structures that wo.ul d exceed 25 feet in height should be required to be set back an additional two feet for each one foot of building height above 25 feet. The present code requires a one foot setback increase for each foot over 36 feet of height, with a minimum of fifteen feet. The purpose of the setback to height ratio is to reduce the apparent mass of taller structures and to l i m i t shadowing of nearby residential dwellings, If this provision would have been imposed on the Concordia Arms structure, a setback of 64 feet would have been required, as compared to the existing setback of 56 feet. Screening The community Design Review Board presently requires landscaping plans , but standard requirements for screening do not exist. The commercial office zoning di str'i ct is the only district in which landscaping i s specifically required to buffer adjacent residential uses. This requirement, however, is limited to the provision of a 25 foot landscaped area." No Tnernt.ion is made as to the type of landscape materials to be provided. The zoning code should be amended to require a landscaped area of not less than twenty feet wide where a multiple residential, commercial, or industrial structure would abut a single or double dwelling zoning district. Within the landscaped area, screening should be provided to a minimum of six feet in height and be at least eighty percent opaque. Subject to Community Design Review Board approval, berms, fencing, plant materials, or any combination thereof could be used for screening. Recommendation Approve the enclosed ordinance proposals to establish screening and minimum setback requirements, based upon building height and mass, for multiple dwelling, commercial and industrial structures that would abut F- Farm Residence, R -1 Residence District (Single Dwelling), and R -2, Residence Di strict (Double Dwelling) . 2- REFERENCE INFORMATION 1. Apartments and town houses with less than seventeen units are limited in height to 36 feet. The minimum setback is fifteen feet. 2. Apartments with seventeen units or more have the s ame heig:bt and setback requirements, except that for each foot of height increase -= above 36 feetthesetbackmustbeincreasedby. one foot to a maximum of 100 feet front yard setback and 75 feet side yard setback. _ 3. There are no height or setback limits in the commercial zones exce t for the CO, commercial office - p zone. The CO district has a height limit of five stories or fifty feet. The CO district also requiresres a minimum setbackack of fifty feet or twice the building height, whichever is greater from anypropertylinewhereadjacentpropertyiszonedforordevelopedtoresidential uses. 4. 2TheM -1, light manufacturing district and the M - - heav ' have • , y manufacturing district ave no height or setback limits. The M -1 district, however, requiresres a rovalbythecitycounciltobuild • q pp Y d within 200 feet of a residentialal district. TheM -2 district. requires council approval to build within 250 feet of a residen-tial district. Concordia Arms Concordia Arms is 56 feet at its closest point to the east ro ert line. It isppY32feetinheighta.nd 254 feet in length along the east elevation. Bui 1 di n Official and Public Safet Y 1. Special building and fire requirements must be met for any structure to exceed three stories. Buildings that would exceed 36 feet in height should requireapprovalbyspecialusepermit.. 2. A minimum of twenty feet of side and rear yard setback should be requiredredq for all multiple residence and commercial structures when adjacent to residential structures. Survey of Metropolitan Area Communities Of twenty -six metropolitan area cities surveyed, sixteen have setback requirementsthataremorerestrictivethanMaplewoodformultipledwellings. Only two of the twenty -six communities rely on the UBC, as does Maplewood, to regulate set - backs for commercial structures. (See Attachment A.) Cottage Grove i s the only community presently stun the possibility1itPYYgPy of establish - ng setback requirements that would be specifically designed to protect solar access. Procedure Planning Commission Recommendation City Council: First reading (at least three votes) Second reading and adoption (at least four votes) 3- jw Enclosures: 1 Survey 2. Proposed ordinances .r a. Minimum Setback Requirements _= b. Landscaping and Screening Requirements 4 4- Ci t 1.' Apple valley 2 . B tki ne a 30 Brooklyn Center 4. Burnsville 5. Columbia Hei 6. Coon Rapids 7. Cottage Grove 8. Crystal 9. Eagan 100 Fridley 11. Golden valley 12. Li -ttle Canada 13. Maple Grove Maximum Height ATTACHMENT A SURVEY OF.METROPOLITANAREA COMMUNITIES BUILDING SETBACK FROM SINGLE DWELLING DISTRICTS TYPE OF BUILDING Multiple Commercial Industrial Uses 40 feet 40 feet = 60 feet 50 feet 30 feet 100 feet 25 feet or at 35 feet 100 feet least twice the height 40 feet 30 feet 50 feet Uniform Building Code 35 feet plus one 50 feet 50 feet foot for every one foot over 25 feet in height _ 50 feet 50 feet from RM buffer requi red) 75 feet from Rh Solar access studies to determine any special height limitations 15 feet Uniform Building Code Screening required) 30 feet 30_ feet LBC 100 feet Planting buffer 50 feet BC required) 6 stories (SUP to go over 3 stories) maximum Uniform Building 50 feet 100 feet Code Screen- ing is required. 50 feet ` 50 feet 100 feet Maximum 3 to 8 stories depending . (over 3 stories or forty feet on zoning district, requires a vari ence) unless a variance is approved 50 feet 100 feet - 100 feet UBC 30 feet 30 feet 35 feet 40 feet mss- 40 feet 22.. South St. Paul Height limitations: 23. vadnai s Heights 24. West St. Paul Height limitations: 25. Whi Bear Lake Height Limitations: 26. Woodbury Mul ti pl aC 14.New Brighton 15.New Hope 160 Newport 17.' No-rth St, Paul 18.Oakdale 19.Plymouth 20.Roseville 210 Shoreview 50 feet Height limitations 22.. South St. Paul Height limitations: 23. vadnai s Heights 24. West St. Paul Height limitations: 25. Whi Bear Lake Height Limitations: 26. Woodbury Mul ti pl a Commercial Industri a1 sU es 30 feet 30 feet 60 feet 20 feet 25 feet 75 feet 5 feet 5 feet 5 feet 15 feet 12 feet 75 feet UBC 50 feet 50 feet 25 feet*75 feet 75 feet UBC UBC 30 feet 50 feet with 20 feet of screening35feet40feet40feet A SUP is required for a higher structure) 15 feet -side UBC UBC 35 feet —rear Screening is required 3 stories or 35 None None feet, unless a variance granted 30 feet or height 50 feet 50 feetofthebuilding, whichever is greater 30 feet 100 feet 50 feet Screening with a 6 -foot; If 50/ opaque fence eorhedge)gover35feet, set- backs must be 3/4 the None 45 feet height UBC 35 feet 75 feet Screening is required)SUP required for any structure over 35 feet in height 10 feet 10 feet 10 feet Z r i Where buildings are within 150 feet of a r `residential zone, such buili`ngs shall belimitedto . the average height of existing residentiali • om t al buy 1 d ngs withinn 150 feet ofthecommercialbuilding. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 100, 906 907908, 909 AND 910 OF THE MAPLEWOOD ZONING CODE RELATING TO SIDE AND REAR YARD SETBACKS BE IT ORDAINED BY THE CITY - =OF MAPLEWOOD AS FOLLOWS (l anguage underlined Ap s to be added, language crossed out is to be deleted • _ Section 1. Section 906.210 (Multiple dwel l i p s ' is her .9 with less than seventeenunits) hereby amended to read as follows:ows : f) SIDE AND REAR YARD REQUIREMENTS 'Q This space shall be no less thanf}fteep- 15 twent feet in width. Buildings 25 feetshallbesetb - 9 and h gheracktwoadditionalfeetforeachonefootinheihtabove25feetParkinglots, carports garages, or the `g g e 1 i ke shallbenolesssthanfivefeetfromthesideorrearpropertyline. g) HEIGHT REGULATION.No mul t. i pl a dwelling shall hereafter be erectedorstructurallyalteredtoexceedaheightof36feetfromrdlevelmeasuredfromthefrontorstreet a e eet side of such h) EXTERIOR WALL AREA buil -Where a elevation would face a F.Farm Residence_;,_ R-1,_ Residence District (Single Dwel 1 ' i n or R-2.Residence Distri Double Dwel l i n _ q), the minimum twentyent foot sideand •rear yard setback shall be increased five feet for ever 1000suarefeetorartthereofofexteriorwallareainexcessof2000squarefeet i) Where .a conflict exists between subsections (f) and (h), the mostrestrictiverequirementshall "pl Section Section 906.310 Multi l e dwellings 'p el l ings i n excess of seventeen uniisherebyamendedtoreadasfollows : f ) FRONT Aa8 -918E YARD REQUIREMENTS. Q TS. The front aed -s }de yard - require-ments shall -be the - safe -as- these- set -fert 'h p SeEtses 986_ 21.8 -ke4apd- 986:218 -f4 - emeept- that- fer -each -fee t - of -be4 ht- 36 - feet -- _ _ 9 perease -- abovetbtpty -slx-3 these set backs shall - be -4nere - - _aced bar eee 414feet - te - a - max liflem ef - a - eee - hundred - 41994- feet- freet - -yard setbackaed- a- maxlfflem-of seveety f4ve 4 feet -s4de- yard- setbaek -regardlessef- belgbt: as set forth in Section 9 06.210 (e }, exceQt that foreachonefootofbuheihtabove25feet, the setback shallbeincreasedbtwofeet, not to exceed 100 feet g) SIDE AND REAR YARD RE UIREMENQ TS, The- rear - yard - setback- shall -be -thesame- as- previded- 4e - Seet 906 : 218494- emeept- that- fer -be} bt -abetblPty - slx -4364- feet - the - setback - e all - be - treated - tfie- sage - as -thes4dyard - setback -4 paragraph- 4f4- ef= tb4s- seet4eR The side and rearandsetbacksshallbeasrequiredinSection906.that • 2 f except 1. Where adjacent to property zoned for F -Farm Residence, e, R -1,esi ence ,strict i ng a we i ng , or - Res ence Distri Doubl a Dwel 1 i n ) , side and rear yard setbacks shall be nolessthanfiftyfeet 20 Regardless of the hei ht the maximum required setback shallnotexceed75feet. = h) HEIGHT REGULATION. No R -3B multiple dwelling shaT1 hereafter beerectedorstructurallyalteredtoexceedaheightfethreestories, 9 _ er _4orforty -f4ve -4454 35 feet, whichever i s reatermeasuredfromthe .front or street 9 ' side of such building, di ng, uni essgrantedaspeciusepermitbytheV441aaCi9 _ ty Council. EXTERNAL WALL AREA. Where a buildin elevation would face aF -Farm Residence,R -1, Residence District (SiSin le Dwellin , orR -2 Residence District Double Dwellin the minimum fifty footsideandrearsetbackshallbeincreasedfivefeetforev - ery 1000squarefeetorpart. thereof of exterior wall area in excess of2000squarefeet. J) Where a conflict exists between subsections (h) and (i), the mostrestrictiverequirementshallapply. Section 3. Section 906.400 (Town houses) is hereby amended to read asfollows: f) SIDE YARD REQUIREMENTS a:-- Slallar- te -See tlee- 995. - 218 -exec t- th *s- sbaII" - - -p refer to the total5 *te deyelepfeet- regw4 reRieets 1. As applied to the total development si the side yard shall benolessthantwentyfeetinwidthaed- eaeb- dwellle -ae' - lred- - 9 t sbalhave- -re q f +re rated party wall: OW b 2. Where two or more buildings of S eight units occur on lot,the side yards between buildings shall be a minimum of twentyX294feetapart, g) REAR YARD REQUIREMENTS a7 SlHillar- te- Seetlep- 995:219kg4 1.As applied to the total devel o men 't site the rear yard shall be a minimum of twent feet in width b 2. Where two or more buildings occur on one l their combinednod totalrearyardsshallbenolessthanfiftyX594feetfrombuildingtobuilding. _ Section 4. Section 907 (Business Commercial •al , Business Commercial Mod.f ed,and Limited Business Commercial) is hereby amended to add the 'subsection :foow ng new 907.060 ADJACENT TO RESIDENTIAL. Where a commercial structureadjacenttoaFFarmR would be Residence; dence ; R -1, Residence District (Single Dwelling);R -2 Residence or ence District (Double Dwelling), i ng) , the fol l owi n shall be r9 2- - 1. Setback Limited Business Comm uses shall have side and rear Yard setbacks of no le than twenty fe Busi C _ setback _ an Business Commercial - Modified uses shall have side and rear Yard - .__o.f _ -._Y no less t an fi ft eet. These minimum setbacks shaTi be increased by feet fo each one foot the building exceeds 25 feet in 2. Exterior Wall Area The minimum setbacks required in Section 907.060(1 ') sh be incr d_by five feet for every 1000 square feet, or- part thereof,_ i n__ex.c_e_s_s r Pf 2000 square feet of wall area facin a resid zoning district. Where a conflict would exist between Sections 907.060 1 and (2), the most restrictive .requirement shall apply. Section 5. Section 100 (Commercial Office District ) is here enumberedYtoSection920andisamendedtoreadasfollows: A. Change Sections .100 to 105 to 921.010 to 921.050 B. 194 921.040 ADJACENT TO RESIDENTIAL. Bald4m - shall- be- setbaE -g k a M of -59- feet -er- twee- the- build4Rg- he *ght- wh *eheyer - greater fret -aRy- property -T *Re- where -ad jaeert- property- *s- aeRed- fer -er deveTeped- te- res *deet *aT - bses: A- 25- feet- w *de- Tapdseape- area -s 'halI be pre" ded- adiaeeet- te- aey- res }deptaT -area- 1. Setback Where a building would be adjacent to a residentially zoned property,the minimum setback shall be fifty feet Bui 1 di n s 25 feet and hi her shall be set back two additional feet for each one foot i n height above 25 feet 2. Exterior Wall Area The minimum fifty foot setback shall be increased by _five feet to a maximum requi red setback of 75 feet for ever 1000 square feet or part thereof, in excess of 2000 square feet of wall facing a residential zone Section 6. Section 908 (General Shopping) is hereby amended as follows: 6(a) No building er- sere *ee -area shall be located within twenty -five 25 feet of a side or rear property line. Where adjacent to a residen tially zoned ro ert , the fol l owi p requirements shall appl 1. Setback Where a building would be adjacent to a resideffltially zoned property, the minimum setback shall be fifty feet. Buildings 25 feet and higher shall be set back two additional feet for each ine foot in height above 25 feet 3- 2. Exteri o Wall Area The minimum fiftY foot setback shall be increased 'b flue feettoamaximumreuiredsetbackof75feetforevery . 1000 squarefeet, or Dart thereof, in excess of 2000 s ua r-e feet of wallfacinga . residential zone.. Section 7. Sections 909 Li ht Man.ufactu9 rings and Sectidn 910 (Heavy ianufacturi n -Manufacturing) are hereby amended to add a new subsection a s fol lows 909.040 and 910.040 ADJACENT TO RESIDENTIAL Where an. industrial buy 1 di nwouldbeadjacenttoresidentiallyzonedroertthef1 •shall a 1 g 0 1 owe n re u remenisppy 1 _ SAtharl Where a build woul. d be adjacent to a residentially zoned property,the minimum setback shall be fifty feet. Buildin 25 feet and highershallbesetbacktwoadditionalfeetforeachonef , '25 feet.oot ,n hei ht above 2. Exterior Wall Area The minimum fifty foot setback shall be increased 'by f ve feet to amaxirequiredsetbackof75feetforevqry1000suarefeetorartthereof, in excess of 2000 square feet of wall ' • zone. •.facing. . a rdentsal Section 8. This Ordinance shall take effect upon its ass •p p age and publication,catl on. Passed by the City Council of the City of Maplewood, Minnesota , this day of 1982. Mayor Attest: 3 City Clerk 4- f p ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 912 OF THE MAPLEWOOD ZONING CODE RELATING TO SCREENING BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 912 is hereby amended, to add a new subsection as follows: 912.180 LANDSCAPING AND SCREENING 10 A landscaped area of not less than twenty eet in width shall beY prove dedwhere: _ a. A non - residential use 'would be within 100 feet of a residentiallyy zoned property. b. A multiple dwelling abuts property zoned for single or double dwellings. 2. Screening shall be provided where : a. The light from automobile headlights and other sources would be directed onto residential windows* b. 1 There woul d be exterior storage of goods or -material s which cowl d unreasonably annoy or endanger surr_ oundi ng property owners. c. Except for mobile homes town houses, single and double dwellings,all mechanical equipment on the ground or roof shall be screened on all sides so as not to be visible from public streets or adjoining property. Such screening shall be designed and constructed of a materials) that is compatible with the principal building and subject to Community Design Review Board approval. 3. Screening shall be satisfied by the use of a screening ence planting9 P 9 screen, berm or combination thereof. If the topography, natural growth of vegetation, permanent buildings, or other barriers meet the standards of Subsections (a) and (b) below, they m be substituted for all or p artofthescreeningfenceorplantingscreen: a. A screening fence shall be attractive, compatible with the principal s building and surrounding land uses, at least six feet in height, and provide a minimum opaqueness of eight percent. b. A planting screen shall consist of evergreen plantings. Trees shall be a minimum of two and on -half inches in trunk &i two feet above grade. Shrubs may be used in combination with a berm and shall be a minimum of two feet in height. Spacing of trees_ and_ shrubs shall be so as to create an eighty percent opaque screening at least six feet in height. ce Berms shall have mowable side slopes. Slopes greater than 2.112 to .1 ma be used if the slopes are stepped with retainin walls. siPlantmaterialsre *stant to erosion ma y be substituted for sod when approved b the CDRB, do Screenin fences sh-all be painted or stained wheneverver necessar so as not to fade, chip or discolor. Broken or knocked down fences shall be repaired. Tl anti n shall be' mal -ntained in a neat and healthy condo tio'n. Plan tin that. have died shall be promptl replaced, 4. Trash stora containers shall be constructed on three sides with break- off block, face by-tick, or masonr A gate that provides 100 percent opa shall be provided where a'dumpster would be visible to the public or from an adjoinin propert Section 2 This Ordinance shall take effect upon its passa and publication. Passed b the Cit Council of the Cit of Maplewood, Minnesota, this da of 1982. Ma Attest: cit Clerk 2- F. Code Amendment: S Residentiaetbacksto . Zones Secretary Olson said the City d `directed staff to recommend minimumsetbacksforalltypesofbuildingsfromR - 1 zones that are based on theheightofthebuing. Al so, screening requirements are ro osedpp The Commission indicated some con - r tern with locate ng parking areas withinfivefeetofpropertylinesnextto - residential zones . Chairman Prew asked i f *th * - _ on the prop ere was anyone present who wished to commentPP . Commi ss i ora_ er Barrett moved the P1 anni n ' Counci g Comm1 ss on ,recommen to theityi1approvaloftheordinanceamendment • e uirem - t to establish minimum -setbac r g eats, based upon building heig .anal mass f 'dwlhi n, comm rc i a l and i ndus o r mu l t l etrialstructuthatwouldabutFFaRes_i dence_,_g, Res L Bence District s n - r . ......... R e s i d - j.. a Dwe l l i ng)_a n d R_- 2,Residen Di strict Doub Dwel 1 i n as outlined in Staff s reportAugust11 $ . p dated Commissioner Whitcomb seconded The Commi ss i'on discussed what t •typ of conditions would warrantapprovalofavariancefromthissectionofthecode. Voting: Ayes- -Commi ssi one Barrett •Hd'wa rd, K shel , Prew, S1 etten, WhitcombNays—Commissioners Fischer and Heiny.y The Commission questioned if the Communi Design Review Board hadreviewedtheproposedordinance, Secretary Olson said they would be reviewingng t. Commissioner Whitcomb moved the P1 an Commissi recommend to then n.9_. Corrn ss Ci t Counci 1 a royal. of the screening ordinance as outlined in StaffreportdatedAugust11 , 1982 Commi ssi over Ki shel seconded - Fisch AyeS- -Comm ssi oners Barrett,Fischer, Heiny., Howard, Ki shel , Prew, Sletteng Whitcomb 4 4 4 1. t MEMORANDUM ActLCi TO. City Manager = En d .., FROM: Director of Community Development Jj f yCIy ,..,, 1 ;, riSUBJECT: Environmental Protection Ordinance DATE: September 1, 1982 '`°- Date The Ci ty 'Counci l , on June 14, 1982, requested that Staff prepare an environ- mental protecti ordinance for the September 13th City Council meeting. This is one of the most significant ordinances regulating land use that this Council has considered. This ordi is designed to preserve steep slopes, significant wetlands and woodl ots . This ordinance also regulates the affect of erosion control, utility c -rossi ngs, streets and on -site sewage disposalosal9 ,psystemsontheenvironment. This ordinance is based on the Metropolitantan Council's model ordinance for environmental protection and the City's critical area ordinance, which applies to the land south of Carver Avenue and west of I -494. The main advantage of this ordinance would be to preserve the character of significant natural features. This ordinance would have the greatest effect on the south "leg" of the City. The City has few specific standards for preservin * g environmental features that can be consistently and uniformly enforced on each 'new development. The City negotiates with each developer on a case -by -case basi While clustering of units with townhouses, quads or apartments is encouraged, there is little 1 egal or policy basis for requiring less than the maximum density to save natural features. Most current developments are at or close to maximum density.. Environmental features are usually an important, but secondary consideration to density. r Reduced density may also save some costs. Storm sewer and curb and gutter may not be needed or may be significantly reduced. Less streets are required if dwellings are clustered. . The merits of environmental preservation must be weighed against its costs. The main cost is reduced land values for property owners in environmentally sensitive areas, caused by a reduction in allowed density. If this ordinance was adopted relatively quickly, it would be parti cul ari ly hard on developers who have purchased land at a premium, with the intent of developing it at the allowed density. This problem is further compounded where property owners have accepted assessments based on current density requirements. The com- bination of having paid a premium price for land and accepting higher assess- ments based on current density standards may make it difficult to make a profit on a development. The enclosed ordinance offers a solution by delaying the effective date until one year after adoption. This would put future land purchasers on notice and allow current owners one year to gel a preliminary plat approved. There may also be future assessment costs to the City. In cases.where development is limited, i t could become difficult for the City to establish benefit for the total installation cost of public improvements. If total benefit cannot be established for needed improvements, the City would be responsible for the remaining cost. Another important consideration is that this ordinance would probablresultintheconstructionofhigher - valued homes, because of the increased environmental amenities and reduced density. This could be an advantage or a disadvantage, depending on personal view. While the Compr ve Plan promotes affordabl housing, it does not do so at the expen&O of significantnaturalfeatures. Page C - 23.-of the housing chapter of the P3an states that,Environmental overlay districts should be used to protect areas of th City that may be subject to environmental. limitations and have not yet been developed." The Plan does not propose that the whole City be reserved for low and moderate income housing. On the contrary, the Plan proposes a variety of housing types and styles: Residential areas should be encouragedplannedandguidedtoprovideavarietyofhousingtypeswithinneighborhoods"18 -8 Pa e 1 - • (p. ) 9 8 9 of the Plan states that Low and moderate income projects shall be dispersed throughout the community, and not concentrated n one area or neighborhood. Such housing should be in close proximity to related serVi ce needs . " The enclosed ordinance tries to find a fair balance between environmental protection, land values, developer's profits and affordable housing. Council can change this balance in several ways, including varying the minimum allowed density in section 202.260, the size of a wood) of or tree in section 202.2 or the maximum slopes in section 202.259 (B). Council may also adopt onlypartofthisordinancedealingwithspecificnaturalfeatures, such as wetlands or erosion control. The Planning Cbmmi ssi on approved this ordinance i n concept on August 16 'but f P 9feltthatthespecificrequirementsshouldbestudiedmore. Because of the importance of this ordinance and its impact on ro ert values the characterPpyoffuturedevelopmentandtheremaininaturalfeaturesintheCity, this ordinance should be thoroughly studied and understood. Recommendation Refer this ordinance back to the Planning Commission for study, with anyrecommendationsthatCouncilhasrevisions. mb y' Incl osure - -- proposed ordinance _ cc: Fred Haas Mary Anderson Construction Ken Gervai s Kurt Schwichtenberg Stan Wendland, Soil Conservation Service George oxford Chris Soutter, Maplewood Naturalist 2 - ORDINANCE NO ENVIRONMENTAL PROTECTION ORDINANCE _ An ordi nance protecti ng . the heal th, safety a6b welfare of the citizens of Maplewood, Mi nnes by amending City Code to adopt new sections, + , creatibg site planning requirements. Section 1. Chapter . 202 of the City Cod of the C f 'y ty o Maplewood s amended as follows: GENERAL PROVISIONS Y 202.255 Purpose The purpose of this ordinance is to protect significantficant natural features which: 9 , 1. Preserve the natural character of neighborhoods 2. Protect , the health and safety of residents 3. Protect water quality M 4. Prevent eros on or flooding 202.256 Applicability This ordinance shall apply to any.new subdivision, development or buildingtobeapprovedbytheCityCouncilorCommun.i ty Design Review Board. This ordinance shall not apply to any use permitted on a temporary basis for a period not to exceed two years, when such use is established without site preparation. 202.257 Definitions Bluffline - -a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than eighteen percent. (More than one bluffline may be encountered proceedingypc9landwardfromtheprotectedwater.) Critical Area- -the area bounded by Carver Avenue, I -494 and the Ci t limiy T Crown Cover- -the ratio between the amount of land shaded by the vertical pro- jection of the branches and fol i age ' area of standing trees - .Pto the total area of land, usually expressed as a percentage - Erosion - -the general process by which soils are removed by owi ng surface or sub - surface water or wind Gross Soil Loss - -the average annual total amount of soil material carri ed from one acre of land by erosion 3 -- N Lift Station - -a facili including pumping facilities, for the 1 fti n g of sewageorstormwaterrunofftoahighersewagefaciorstormwaterrunofffacility Person- -any i nvi dual , firm, corporation, partnership, associ ati on or otherprivateorgovernmentalentit - N pel i ne - -an underground l i n e of i e includinudinPpg as soci ated pumps valves,' controldevicesandotherstructuresutiliforconveyingliquids, ui ds , ases sewage9g9 g orotberfinelydividedsolidsfromonepointtoanother Protected Water -- formerly referred to as publ is waters, means 'an water definednedinMinnesotaStatutes, Section 105.37, subsection 14 Retaining Wall--a structure utilized to hold a slope. in position which it wouldnotnaturallyremainin Sediment -- suspended matter carried b water, sewag 'y ge or other liququads Slope--the inclination 'of the natural surface of the land from the horizontalntal Structure anythi ng manufactured, constructed or erected which is normally attachedtoorpositionedonland, including portable structures y Substation- -any utility structure, other than lines pipelines, . p pelnes, holes or towers. Terrace - -a relatively -level -area bordered - - -tin --one - or , more sides b a retai ni ny g wall Tree -any woody plant that has at least one trunk whose diameter i 's four inches or greater, four feet above the ground Utility Faci 1 i ty-- phys cal facilitiesities of electric telephone, honp e, telegraph, cable television, water, sanitary and storm sewer, sol waste, 9 as or similar service operations Vegetation--all pl ant growth, especially trees, shrubs, mosses or 9 rasses Water Body - -any lake, -stream, pond, wetland or river Wetland--any land which' is seasonably wet or flooded, including all marshes , bogss , swamps or fl oodpl ai ns Woodl of - -a group of trees at least one -half acre in area and with a crown coveroffiftypercentorgreater. SITE PLANNING REQUIREMENTS 202.258 Site Plan The applicant shall submit a site plan and any other i nformati on= needed todeterminecompliancewiththisordinance. Specific ure irements- shal l bestatedontheeapplicationformsintheofficeoftheDirectorofCommunity Development. 0 4 - 202.259 Site Plan Approval Standards No site plan which fails to satisfy the following standards shall be approved; A. General Standards ' I. The conduct of all grading, landscaping-, structure- placement and street routing shall be consistent with and to the extent in the furtherance of the City's Comprehensive Plan, and for develop-PmentintheCriticalArea, the Maplewood Critical Area Plan. 2. The proposed development shall not 1 essen ubl i c access to and alongPang a protected water. 3. The proposed development shall be designed, constructed and maintained to avoid causing: a. Accelerated erosion b. Pollution, contamination or s i l t a t i o n of water bodies, rivers, streams or storm sewers c. Flooding or increasing the storm water - run -off rate d.- Ground water contamination 4. Devel opment shal l not substanti al ly dimi ni sh the sci enti f c, hi stori cal , educational, recreational or aesthetic value of unique natural areas and unique plant and animal species, and shall not substantially al ter the reproductive cycle of the species, 5. Views of protected waters from bui 1 chi ngs or public roads shall not be impaired by the placement of advertising signs. B. Slopes - 1. No development shall be permitted .on existing slopes of eighteen percent or greater which are in direct drainage to a protected water. 2. In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than forty percent. 3. No development, whether or not i n .direct drainage to a protected water, shall be permitted on land having an existing slope, in excess of twelve percent, unless the applicant proves the following conditions are met: a -- a. Controls and protections exist uphill from the proposed developmentmentp such that _there is no danger of structures or roads being struck by falling rock, mud, uprooted trees or other -uteri al s . b. The proposed development presents no danger of falling rock, mud, uprooted trees or other materials to structures downhill, 5 _ c. The view of a developed slope within the Critical Area from theMississippiriverandoppositeriverbankiconsistentwiththenaturalappearanceoftheundevelopedslope, consistent with an s '-- • Ystateregisteredhistoricareasnearby, compatible .ith the view fromhistoricareas, and compatible with surrounding architecturalfeatures. d. The City engineer may requirere the developer -• q eve oper to provide a soils engineertocertithestability1ityofpotentiallyunstableslopes. 4. All new nostructuresandroadsshallbelacedp closer than forty .feetfromabluffline. Exceptions shall be: a. Public recreation facilities, scenic overlooks,ooks, public observationplatformsorpublictrailsystems b. The construction of above- ground pumping stations c. Other development, when the applicant can concl: us i vel deImonstraY tothatconstructionorfinaldevelopmentwillnotnegativelyvelimpacteswitha g Yslopesgradeofeighteenpercentorgreater d. All other structures, other than buildings and roadway surface bYces , utincludingretainingwalls, shall meet the following design requirements: 1) Retainin walls or t r9e race contours shall not exceed three feetinheight, without a fence 2) Construction materials shall be subject •ect to Community DesgnReBoardapproval 5. The City Council may waive the requiremeots of this section and allowdevelopmentofanyslopethatCouncilfindstohavebeensubstantiallyalteredby y prior excavation of fillingling or too small to be significant. Erosi Control and Soils 1. All erosion control, storm water run -off, utilitty and structuresshallbedesignedtobemaintainedandoperatedwithoutrequiringrintheq9crossingoroperationofheavymaintenancevehiclesandequipment, 'suchasbulldozerstrucksandbackhoes, on slopes i n excess of eight percent.This requirement may be waived by the City Council where there is notheralternative. 2.. Construction shall not be allowed where there are soil problems, i limited to, soil bearing p ., ncludng,but not 1 i stre9g shrink /swellnk /swel 1 ..potent al or a excessive frost movement, unless effective soil correctwn measures or building construction methods area roved b the b i iofficial.PP y u 1 sd _ng 3. Development shal be accomplished only in such a manner that on -site gross soil loss levels shall not exceed five tons oer acre earBurin er construct P y 9 on, but only two tons per acre per year when the site is adjacent to a water body or water course and 0.5 tons earafterconstruction r acre erPP Y on activities are completed. 4 . A development shall be located to minimize the removal of vegetationandalterationofthenaturaltopography. 5. Erosion protection measures shall make maximum use of natural i n 1 eapc vegetation, rather than the placing of new vegetation of the site. Wetlands 1. Wetlands and other water bodies shall - not be used as P Yrimar sediment traps during construction. 2. Filling or construction shall not be allowed i n areas proposed fPp or pondi ng in the Maplewood Drainage Plan, as determined by the City Engineer. 3. Filling shall not cause the natural nutrient strippingn capacityt of hePP9PYt wetland to fall below the nutrient production of the wetland watershed for its projected development. 4. F i l l must be free of chemical pollutants and organic wastes. 5. The adjoining property owners should be given the opportunityt for anPPY equal apportionment of fill, E. Trees + 1. Trees in a woodl of may not be removed without a permit from the City,unless such trees are diseased. 20 Development shall be permitted only in such a manner that the maximum number of healthy trees shall be preserved. This requirement shall not apply to diseased trees or where a forester certifies that thinning is needed for the specificoverallhealthofthewoodlot. I n which case, a tree removal plan must be approved by the City. 3. In the event that solar collection is uti i zed, trees may be cut to allow sufficient sunlight to the solar collectors, if the applicant can demonstrate there are no feas.i bl a alternatives for the location of the collectors. . 4. Development in woodl ots shall not reduce the existing crown cover greaterthanfiftypercent. 5. If trees are cut, the density of trees shall-be restored to that which existed before development, but in no case shall the applicant be T required to raise the density above ten trees per acre. Any trees requiredtobeplantedshallbevariedinspecies, shall maximize the use of species native to the area, shall not include any speci ds under disease epidemic and shall be hardy under local conditions. TrCe diameters` shall be at least two inches. 6. The applicant shall demonstrate that all grading which takes place9P will be conducted in a manner that preserves the root zone areation and stability of existing trees and provides an adequate watering area equalq9qtoatleastone -half of each tree's crown cover. 7 - 202.260 Minimum Devel oDment Allowed No requirement . in this section shall prevent the developme-nt of property to a minimum density of one dwelling for .each acre of . 1 and or= -one single dwellingforaparceloflandlessthanoneacreinarea. The City may requi re the cl usteri ng of dwel 1 i ngs i n the form of townhouses quads or apartments to preserve natural features. The City Council-= may require a PUD or rezoning of . property to assure a density or style of housing based on this9 ordinance. UTILITIES AND STREETS 202.261 Utility Facilities A. Underground placing of a utility facility shall be required, unless economic, technol ogi cal - - and land characteristic c factors make underground placement unfeasible. Economic considerations along shall not be the major determinant regarding feasibility, B. Overhead crossings, if required, shall meet the following criteria: 1. The crossings shall be adjacent to or part of an existing utility corridor, including bridge or overhead utility lines, whenever possible. 2. + All structures utilized shall be as compatible as p ractical with land use and scenic views. 3. Right -of -way clearance shall be kept to a minimum. 4. vegetative screening shall be utilized to the maximum extent consistent with safety requirements, 5. Routing shall avoid unstabl a soils, bl uffl i nes, or high ridges, the alteration of the natural environment, including grading shall be minimized. 6. The crossings shall be subject to the site planning requirements set forth in this ordinance. C. Utility substations 10 All substations shall be subject to the site planning requirements set forth in this ordinance. a 2. New substations or refurbishment of existing. substations shall be compatible in height, scale, building materials, landscaping and signing with surrounding natural environment or land. uses. Screening by natural means is encouraged and should be compatible with the surrounding environment. g _ D. Pipel 1. All pipl Ines and underground facilities shall be subject to the siteate p1 anning requirements set for in this ordinance. 2. These facilitiesities shall be located to avoid wetl ands woodl ands and areas of unstable "soils, 3. All underground placing of utility facilities and i 1 i nes shall bp e followed by turf establishment. -= 202.262. Streets A. The grades of any streets shall not exceed seven percent, unless thereP is no feas alternative as determined by the City Engineer. B. Roads shall be constructed to minimize impacts on the natural terrain and natural landscape, C, All roads shal be subject to the site rerequirements seq t forth in this ordinance, ON -SITE SEWAGE DISPOSAL 202.263. General Requirements A. The guidelines set forth in 6MCAR4.8040 (formerly WPC 40) shall serve as the minimum standards and criteria for the design, location installationg , use and maintenance of individual sewage treatement systems, B, No part of any i ndi vi dual sewage treatment system shall be located closer than 160. feet from the edge of a water body or water course unless it can be shown that no effluent will directly or indirectly reach the water body, water course or wetland. 202.264 Servi ci nq Requirements Servicing of individual sewage treatment systems shall conform to the Minnesota Department of Health and Minnesota Pollution Control Agency specifications. Dis- posal of sludge and scum removed from the system shall be at a ' disposal site approvedbythePollutionControlAgency, 202.265 Alternative Systems Alternative methods of sewage disposal such as holding tanks, electric or gas incinerators, biological or tertiary treatment plants or land disposal systems wherever required or allowed in particular circumstances, shall be subs ect to all applicable standards, criteria, rules and regulations of the Minnesota DepartmentofC-. Health and Minnesota Pollution Control Agency OrSection2. This ordinance shall take effect one year after adopt-ion. Passed by the CitY Counci of the City of Maplewood, Minnesota, this day of , 1982 Attest: Mayor Cl erk 9 - Ayes-- Nays-- of 1 G. Code Amendment: Environmental Overlayy Dstrict 0 Secretary Olsonson said the City Council1 requested that staff arre an environmental protection p p e p on ordnance. Chairman Prew asked if there was anyone present who wi stied to speak on the proposed ordinance. Fred Haas, Mary Anderson Construction Co. , said he does= agree the proposed ordinance is good for the environment. However, he fel t the proposed ordinance does restrict developers. Some of the areas of Maplewood could not be developed at all if the qu i deli nes are followed. He thought the ordinance would just permit estate type lots, The Commission discussed how many dwel l i.ng units would be permitted on the 1 and, whether the ordi nance would. be too restri cti ve to devel opers ,and if it also -would protect surrounding development in the neighborhood as far as compatibility with e*xi sti ng structures. Commissioner Ki s hel moved the Planning Commission recommend to the Ci ty Counci 1 approval of the. ordi nance, i ncl uded i n staff's report dated August 12, 1982, on the basis that it would protect valuable natural resources and preserve the character of environmentally sensitive areas i.n the City. Commissioner Barrett seconded f Some of the Commissioners said though the concept in general was good, they wished to further study the criteria and what effects the ordinance would have on development. Voting on the Motion: Ayes— Commi ssi oners Barrett, Howard, Ki shel Nays. Fischer, He j ny, Whitcomb, S1 etten, Prew Motion fails. Conmi ss i over Fischer. moved that while the Commission approves the concept there are some questions with the document as presente and does not feel ready to endorse it at this time Commissioner Whitcomb seconded Motion carries: 4 -2 Ayes -- Commissioners Fischer,Whitcomb, S1 etten, Howard Nays -- Commissioners Barrett and Prew Abstained--Commissioners Ki shel & He j ny 11, f MEMORANDUM e c fJ e:x..wn, aaR:rs:.- a.v-crnxaa s.*. TO: City Manager FROM:Assistant City Engineer DATE: September 2, 1982 _ 81 -12 SUBJECT. Holloway • wa Avenue - -Joint Powers Improvement Project No Bids were received an d on August 18 1982 for the above- referencedalopenedg project as follows: Ranking Bidder Bid Bond Amount and SonsT. A. Sch fsky a 5% o5 . 845,032, 78 8565201.05 2 C. S. Mc Cros so n. Inc . 5% 3 4 tinShaferContracting9 Alexander C onstructi 05 916 ,857.52 5 tractor`Progressive Con 5/ 05 962, 981129.60 6 Ashbach Constru 998,885.00 Engineer Estimate public hearing $15077,470-00timeofEstimateatp estimated cost at the time of The overall bid was lower than the public hearing, e However, the decrease was all within the street portion and the u t i l i t i e s were actually higher than the estimate. se Count Board o The Minnesota Department of Transportation, Ramsey Y f Commissioners • l have reviewed the bid and have given their and North St. Paul Ci Counc authorization. for Maplewood to enter into a construction c ontract in their behalf. Schifsk and Sons, Inc., and believe We have had prev ious experience with T.A Y ent. ability and experience to complete said improvement* they have the financialal Y lowest re Accordingly, we recommend the contract be awarded to the orated, for the amount of $845,032.78. bidder, T.A. Schi fsky and Sons, I n c or p mb RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that rated in the amount of $845,032..78, the bid of T.A. Schi fsky and Sons; Incorporated s the lowest responsible bidd for the constructi of street, watermai n, a Avenue, .Proj No. - 81 -12, star sewer and drainage improvements on Hollowsanitary and the Mayor and Clerk are hereby authorized and directed to enter into a contract with saidd bidder for and on behalf of the City. P-/ MEMORANDUM TO.City Managerer action by Counc. FROM: Finance Director RE : Employee Medical Insurance Endoosed. DATE: September 3 1982 Modi fied..v.a... Rejected Date. PROPOSAL It i • s proposed that a one-year contrac t with Blue Cross /Blue Shield for medical insurance be authorized. BACKGROUND s The renewal of the current policycy with Great - tie , t Life was tabled at the T endi n p from u ust 23rd meeting to allow study of a p g B1 ue Cross/P P •g imi ted self -i ns'urance plan. Initially, when Bl Shield (BCBS) for a 1 decided City's speci f i ons for medicalcal i nsurance they BCBS reviewed the were covered not to su bmi t .a bid because more than 50% of our empl • he City, BCBS insurance bids were received by t by an HMO. .Since no medical insu d the indicated that there was a possibility for a was contacted an Y in the process of pre - ited self- insurance plan with their firm. DuringlamBCBSconducted a more detailed paring a proposal for. a self- insurance plan stud BCBS s claims experience data. Based upon this y, study of the Ci insurance instead of a self- decided to submit a proposal for " medical insurance plan. upon those .presently in The BCBS medical insurance provides coverages based p • e following is a comparison of the BCBS effect .through Great -West Life. Th g premium rates with those of Great -West Life : BCBS Great West Rates Rate Current 10 -1 82 Employee $55.43 $ 59.25 $ 75.25 Dependents 92.14 100.29 127.37 Total $147.57 $159.54 $202.62 rates will save the City t is estimated that the BCBS premium ra and its Since no 0 durn the next twelve (12) months. employees over $30,00 g the City Attorney ol received for medical i nsurance, Y bids were oriq Y vertising has indicated that a contract can be mad e with BCBS without -re- ad for bids. RECOMMENDATION = be authorized with Blue Cross/ s recommended that a one -year contract received onIt nce based upon their proposal rece Blue Shield for medical insurance September 340 c c: Employee Insurance CommitteeP MEMORANDUM Action by Co;dnc:L. TO: City Manager 'Endorsed FROM Associate Planner, Johnson R1 Moratori um lv.o- ified SUBJECT: BCC DATE: Augustst 23 , 1982 e ct e ,....._.,...,,_.,.,._ D g Dat rriirrs.r , Request A two -month extension o pfthemoratoriumonspecial use permits for restaurants and recreation facilities in the Business Commercial 44odi f i ed zoning d istrict. Background ill expire before Council can act on Unless extended, this moratorium w P consider changes tot he * code. The Planning Commission was scheduled to c • ins - the first meeting in September. This meeting the proposed revo at . was cancelled due to the Day holiday* To ensure adeq time for Planning i consideration, an extension to November 8, Planni Commission and City Council i n re no pending o is recommended._ There a p 9 requests for . restaurantrestaurant or recreation facil approval in the BC(.M ). zone. Recommendation special use permits recreationisfo Extend the moratorium on the issuance of spec p or restaurant uses in the Business Commercial-Modified zoning district from September 17 to November 8, 1982. Action by Coun TO: City Manager E.14 d o r l FROM: Director of Community Development, f e' SUBJECT: Billboard Moratorium u cvt e... . DATE: August 27, 1982 Da Council enacted a two month moratorium on billboards on July 26, 1982. The moratorium expires on September 26. \ Recommendation Extend the moratorium for three months or until a revised ordinance is adopted. jW cc: Julianne Bye Naegel.e Outdoor Advertising z f 1 tj Of1AO- qt4, Mr. Barry Evans Maplewood City Manager Maplewood Council 1380 Frost Avenue Maplewood, MN 55109 Dear Mr . Evans: August 5, 1982 Action by Coldreil: rl Reje As was suggested by you in our phone conversation of August 2, 1982, I ar.1 writing a `letter of protest concerning the installationrg of "no parking" signs on Larpenteur Avenue in front of our house during the week of July 26, 19 8 2 . In 1968, when ' Larpenteur Avenue was improved, utilities and storm sewers installed, and widened to it's present width, we were assured by both the Maplewood Council and the Ramsey County Engineering Department that because the street was widened more g g P on the Maplewood side than the St. Paul side, we would always be allowed to park on the Maplewood side of Larpenteur. Because the street was widened to that extent, our driveway, as a d u being extremely steep. In the winter when icyresultendedgY conditions prevail, it is sometimes impossible to get up our driveway, Pandsohaveto ark on the street until the driveway can be shoveled, salted. etc . Maplewood has a city ordinance which prohibits overnight parkingP • impossible to ark overnightonit's streets , making it imposs ht on ourpg side street (Kennard) without getting a parking ticket. Ramsy County,,. on the other hand, has no such ordinance according to Wayne Janitschke of the Ramsey County Engineering Department, and allows overnight parking on it s streets, and up until now we have taken advantage of this if necessary We would like to request that the Maplewood Council take action to have the signs removed, as it was the Maplewood Council that in 1967 or 1968 that guaranteed that "no parking" signs would not be installed on our side of the street. The street was not designed to be a four-lane road , and to try to make it one now would, in my opinion, make more of a traffic prob- lem, not to mention pedestrians and bicyclers . Thank ou very much, Albert and I one As chenb rene r 1673 East Larpenteur Maplewood, MN 55109 777 -5850 r CITY OF A I E_A-AP WOOD 1380 FROST AVEN U I M A PLEWOOD. MINN hSO'I'A 55109 OFFICE OF CITY MANAGER 770 -4525 XRICXXXX August 24, 1982 Mr. & Mrs. Albert Aschenbrener 1673 East Larpenteur Maplewood, MN 55109 Dear Mr. & Mrs. Aschenbrener : Your letter concerninq parking on Larpenteur Avenue was placed on the agenda of the Council meeti na of Auaust 23rd. Unfortunately, I left on vacation and neqlected to advise you that it would be on that agenda. Consequently, it will be placed on the next aqenda at the Council meeting of September 13. If you wish to come to that meetina, you may enter in the discussion and present your views. The Council meeting starts at 7:00 p.m. If you call my office after September 7, we may be able to tell you the approximate time it will be heard. Sincerely, Barry R. Evans City Manager BRE:1nb r t August 5, 1982- Act,_i ,CY y 1PI Mr Barry Evans Maplewood City My Maplewood Council 1380 Frost Avenue Maplewood, MN 55109 Dear Mr . Evans: As was suggested by you in our wr hone conversation1982, I am wr p nversation of August 2, t g a letter of protest concerning he i •of "no parking signs on Larpenteur g installation the week p Avenue in front of our houseduringof, July 2 6, 1982 In 1968, when Larpenteur Avenue was •sewers installed and Improved, utilities and stormwidenedtoit's present width weassuredbyboththeMaplewoodCouncilandtheRamseyCounty ,Engineering Department that because the street was widened moreontheMaplewoodsidethantheSt. Paul ' ark o side, we would always beallowedtopntheMaplewoodsideofLarpenteur, Because the street was widened to that extent, our driveway, as aresultendedupbeingextremelytee •conditions prevail, y p- In the winter when Icyconpail, It is sometimes impossible to etdriveway , and so have to ark on t g up • our be shove led p he street until the drivewasaltedetc, y can Maplewood has a city ordinance which prohibits overnight parkingonit's streets, making it impossible •si p le to park overnight on ourOdestreetKennard) without getting parkingtheotherha g p ing ticket. RamsyCounty, on hand, has no such ordinance accordingWayneJanitschkeoftheRamseyount to ht , y it's Engineering Department, andallowsovernightparkingonitsstreets , and u until nhavetakenadvantageofthisifn p ow we necessary. Wewould like to requestWe •that the Maplewood Council take actinethesignsremoved, as it was the Maplewood n to 1967 or 1968 that guaranteed p ewood Council that ingranteedthatnoparking" signs wouldinstalledonoursideofthestreet, g not be The street was not designed bemakeitonenow a four -lane road, and tot towould , in my opinion, make more oflem, not to mention pedestrians a tra f f i c prob-and bicyclers. Thank ou very much Albert and I one As chenb rene r 1673 East Larpenteur Maplewood, MN 55109 777 -5850 TO: CITY MANAGER FROM: CITY CLERK REGARDING: INCREASE IN PERMIT FEES DATE SEPTEMBER 7, 1982 _ In 1979 several of the permit and license fees were increased. At that time it was under— stood that periodically the fees would be reviewed. Attached is proposed changes in fees. The largest'lar g increases are for cigarette licenses and coin operated amusement devices (Video Machines). In comparison to other cities, if the proposed fees for coin operated amusement devices is adopted, Maplewood's fee would still be less. In researchin g the various fees charged by surrounding municipalities it seems the increases which are proposed are below the average. A Zone Change SUP and PUD Special Exception Comprehensive Plan Amendment Variances: R -1 All other zoning districts Street, Alley, etc. vacations Lot Divisions Subdivision Application Lot - minimum maximum Commercial Revenue Note On Sale Liquor License Tavern or Display Home Occupation Permit Coin. Operated Amusement Devices PROPOSED CHANGES IN FEES Now Charging 100.00 100.00 30.00 100.00 Cigarette Bingo (one night per week) Lodging Establishments - 1 - 15 19 - 35 36 - 100 101 - Food Establishments Special Food Handling Establishments Signs 1 - 10 s q. ft. 11 25 sq. ft. 26 -100 sq. ft. 100 - over Billboards (per sign - annual) Design Review Board Plan Approvals 15.00 50.00 30.00 20.00 /lot 3.00 /lot 30.00 150.00 500.00 f i l i n g fee 3,500.00 120.00 0- 10.00 /location 5.00 /machine 12.00 50.00 /year 23.00 45.00 60.00 75.00 100.00 30.00 3.00 5.00 10.00 26 20.00 51 100 25.00 0- Proposed Charge 125.00 125.00 50.00 125.00 35.00 75.00 40.00 25.00 /lot 5.00 /lot 50.00 175 .00 750.00 3,850.00 200.00 35.00 /year 100.00 /location 25.00 /machine 25.00 100.00 /year 40.00 60.00 100.00 125.00 110.00 35.00 5.00 10.00 5.0 sq. ft.20.00 100sq.ft.50.00 over 100.00 50.00 50.00 CITY TYPE OF LICENSE /SERVICE CHARGE FOR LICENSE /SERVICE Blaine On Sale Liquor License 5,000.00 Tavern 200.00 Burnsville On Sale Liquor License 10,000000 Restaurant License 100.00 Special Food Handling License 30.00 , Crystal Bingo 30.25 /year Amusement Devices 104.50 each Restaurant 110.00 /year On Sale Liquor License 5,500.00 .(pro— rated) Tavern License 5.22.50 (pro — rated) Fridley Bingoo 250.00 /year Restaurant 45.00 Hotels /Motels 125.00 -1st unit —$5 each add'1. Goldenden Valle y PCoinOperated Amusement Devices 50.00 each Hotel /Mote l 5.00 /unit Restaurant 150900 New Hope Restaurant 125900 Special Food Handling License 24.00 Plymouth Bingo 100000 On Sale Liquor License 51500.00 Shoreview Coin Operated Amusement Devices 60.00 /machine On Sale Liquor License 4 Bout h St. Paul Operated Amusement DevicespCoin0 200.00 /machine (pro —rated quarterly) Restaurant 25.00 CITY TYPE OF LICENSE /SERVICE CHARGE FOR LICENSE /SERVICE Vadnais Heights Bin - -oS 50.00 /year 35.00 /machineCoinOperatedAmusementDevices 2,000.00 up to 1,000 sq. ft. On Sale Liquor License 3,000.00-1001 to 2000 s q. f t. 4,000.00 -2001 to 3000 sq. ft. 5,000.00 -4001 and up Fees to be higher in each category in 1983) Tavern 150.00 Variance 35..00 in R -1 District 75.00 in all other zones Site Plan Review 50.00 /acre Minimum of $100 /Maximum of $500) White Bear Lakee Coin Amusement Devices 85.00 /machine On Sale Liquor License 2 Woodbury Coin Operated Amusement Devices 60.00 /machine On Sale Liquor License 109000.00 ZWOW7 -2 9/2,4> /8a F • r by Mr. & Mrs. Jon Belisle 2594 Brookview Dr. St. Paul, Minn. 55119 D at 7t, 14CkAA-P Pt&e 4w 4* c coo 1-000146, Cl/VO a . .e wr, p q0 e.2....Z-1 q7l000t- Cit 0.1.1erk Cit of 1.aplewood Ir1380 ost Ave aplewood 5 _') 1091 rear 'ouncil; Au 26, 1Q/72 A cti o_n b ij This let-ter confirms 4-j phone call on Au 26 _,0v? r-1.1he purpose of m call was to discuss the , ordinance on T .. _ -,plewocd.refuse removal for the city 1 e- I 'f ! 4-was you that *r should re an a--, e 4- o the or,*n re-i. n c e which would allow auto-!-,iate.,1.-1. servicl- -1 n T .apin uod w which ould re a c1an in the size of 7, J-container -to be used b residents En us in the autorna-Ced servic L iwould1--,a-Tre to be chan 0 01 0 "L; 90 gallon container --'L'or 6gallon container for three orwk, J. iw a nerthesizeothecon a 1, "0 ga17 on c n-4- si-L,- , 2:--ec.-3idents a2rld a o ' A_ .residents .C) U Y. T have established thin t of servlice in the cl-i-ea,2z, 3-1 r- on 'ahome (1 ' 7) n L ,':'oCuPBrg " _)Jr102V.,N1'2:1V1eW Roseville , i L ay d al o I.:h t .1"a -1-;, 1 , ]La k c 1 a r. d , C-:3. n d Lake L, nn o tUticandCIL - I P con+alner is made of molded plast C Y rna]..ntain. -Y't has a hin lid, hand-le, and whee Iz:.:, T fj 6- have found that it has b 'tirds, rodents, and smal-1 and mal-,-in-,, a The c= use of our bucket, and we have them of the curb b a 11 e v 12:1 t e d tl?.,,. e pl_- c b 1, e rM. o _f d o fr s a n 1 r, s get -'U- -;A-jn lnt o -- t h e rb a. e St of our serv*ce includes the Gus 4- o - -- - t 0would . enforce our ff; e,.,- d 11.1 1`%k If there are an questions re our service, o--,^ if we can be of an assist EJmce in your re_-, usev L_ i CL plea,.--.e do not hesitate to contact this off ice . l-incerel 9 S.ue Johnson 3ales Tl,:-ana J/ 1 in ;I'd .&- tj BELLAIRE SANITATION, INC. 8678 75TH STREET NORTH STILLWATER, MINNESOTA 55082 612) 429-6766 LAIS, BANNIGAN & KELLY, P.A. ATTORNEYS AT LAW. 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 DONALD .L. LAIS AREA CODE 612 JOHN F. BANNIGAN, )R. 224 -3781 PATRICK J. KELLY September 3 , 19 Action yID i The Honorable Mayor and Councilmembers 1 aC - k--t City of Maplewood 1380 Frost AvenueR Maplewood, Mi. nnes o t.a 55109 D at e Re: 11th Avenue Right.-of-Way Dear Mayor and' Councilmembers: In checking the Title of the 11th Avenue Right -of -Way immediately East o f White Bear Avenue, the former Rad property, we find that. j the property is on the Tax Delinquent Rolls for the County of Ramsey. j In order to protect the Right -of -Way and t.o keep the title clear, it is necessary to obtain a State Use Deed for street. purposes. I have prepared the at.t.ached Resolution upon instructions from the Ramsey County Land Commissioner as the appropriate way to s obtain such a deed. I recommend passage of the Resolution as drafted. Very truly yours,. L , BANNIGAN & KELLY, P.A. onald L. Lais DLL /me Enc. RESOLUTION NO, STATE OF MINNESOTA COUNTY ORRAMSEY CITY OF MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, the City of Maplewood wishes to continue using certain property hereinafter described for street purposes, to -wit, 11th Street; and WHEREAS, said premises are listed as tax forfeited lands known as Parcel No. 57-01110-010-39; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City of Maplewood hereby requests that the County Land Commissioner and /or other appropriate officials obtain for the City of Maplewood a Minnesota Use Deed for City Street purposes for llth Avenue the property described as follows, to -wit.: The South 165 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, except the West 60 feet thereof which is held by Ramsey County for . White Bear Avenue right -of -way. The appropriate city officials are hereby authorized and directed to forward a copy of this Resolution to the Land Commissioner of the County of Ramsey and proceed to obtain said deed. Adopted this day of 1982. Mayor ATTEST: Clerk RESOLUTION NO. STATE OF MINNESOTA COUNTY, ORRAMSEY CITY OF MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows WHEREAS, the City of Maplewood wishes to continue using certain property hereinafter described for street purposes, to -wit, 11th Street; and W'PREAS, said premises are listed as tax forfeited lands known as Parcel No. 57- 01110- 010 -39; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City of Maplewood hereby requests that the County Land Commissioner and /or other appropriate officials obtain for the City of Maplewood - a Minnesota Use Deed for City Street purposes for 11th Avenue the property described as follows, to-wit: The South 165 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29 , Range 22 except the West 60 feet thereof which is held by Ramsey County for White Bear Avenue right -of -way. The appropriate city officials are hereby authorized and directed to forward a copy of this Resolution to the Land Commissioner of the County of Ramsey and proceed to obtain said deed. Adopted this day of 1982. Mayor - ATTEST: Clerk RESOLUTION N0,xxl# STATE OF MINNESOTA COUNTY ORRAMSEY CITY OF MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, the City of Maplewood wishes to continue using certain property hereinafter described for street purposes, to -wit, 11th Street; and WHEREAS, said premises are listed as tax forfeited. lands known as Parcel No, 57- 01110- 010 -39; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City of Maplewood hereby requests that the County Land Commissioner and /or other appropriate officials obtain for the City of Maplewood a Minnesota Use Deed for City Street purposes for 11th Avenue the property described as follows, to-wit: The South 165 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, except the West 60 feet thereof which is held by Ramsey County for White Bear Avenue right -of -way. The appropriate city officials are hereby authorized and directed to forward a copy of this Resolution to the Land Commissioner of the County of Ramsey and proceed to obtain said deed. Adopted this day of 1982, Mayor - ATTEST: Clerk RESOLUTION NO. STATE OF MINNESOTA COUNTY ORRAMSEY CITY OF MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, the City of Maplewood wishes to continue using certain property hereinafter described for street purposes, to -wit, 11th Street; and WHEREAS, said premises are listed as tax forfeited lands known as Parcel No. 57- 01110 - 010 -39; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City of Maplewood hereby requests that the County Land Commissioner and /or other appropriate officials obtain for the City of Maplewood a Minnesota Use Deed for City Street purposes for 11th Avenue the property described as follows, to -wit: The. South 165 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, except the West 60 feet thereof which is held by Ramsey County for White Bear Avenue right -of -way. The appropriate city officials are hereby authorized and.directed to forward a copy of this Resolution to the Land Commissioner of the County of Ramsey and proceed to obtain said deed. Adopted this day of , 1982. Mayor ATTEST: Clerk RESOLUTION NO. STATE OF MINNESOTA COUNTY ORRAMSEY CITY OF MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, the City of Maplewood wishes to continue using certain property hereinafter described for street purposes, to-wit, 11th Street; and WHEREAS, said premises are listed as tax forfeited lands known as Parcel No. 57- 01110 - 010 -39 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City of Maplewood hereby requests that the County Land Commissioner and /or other appropriate officials obtain for the City of Maplewood - a Minnesota Use Deed for City Street purposes for 11th Avenue the property described as follows, to-wit: The South 165 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22, except the West 60 feet thereof which is held by Ramsey County for White Bear Avenue right -of -way. The appropriate city officials are hereby authorized and directed to forward a copy of this Resolution to the Land Commissioner of the County of Ramsey and proceed to obtain said deed. Adopted this day of 19820 Mayor ATTEST: Clerk t RESOLUTION NO, STATE OF MINNESOTA COUNTY ORRAMSEY CITY OF.MAPLEWOOD BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, the City of Maplewood wishes to continue using certain property hereinafter described for street purposes, to-wit, 11th Street and WHEREAS, said premises are listed as tax forfeited lands known as Parcel No. 57- 01110- 010 -39; NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: That the City of Maplewood hereby requests that the County Land Commissioner and /or other appropriate officials obtain for the City of Maplewood a Minnesota Use Deed for City Street purposes for llth -Avenue the property described as follows, to -wit: The South 165 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, Township 29, Range 22., except the West 60 feet thereof which is held by Ramsey County for White Bear Avenue right -of -way. The appropriate city officials are hereby authorized and directed to forward a copy of this Resolution to the Land Commissioner of the County of Ramsey and proceed to obtain said deed. Adopted this day of 1982. Mayor ATTEST: Clerk