HomeMy WebLinkAbout1982 10-07 City Council Packets
AGENDA
Maplewood City 'Counci 1
6:00 P.M., Thursday, October 7, 1982
Municipal Administration Building
Meeting 82 -26
A) CALL TO ORDER
B) ROLL CALL
C) APPROVAL OF MINUTES
Minutes 82 -25, September 13, 1942
D) APPROVAL OF AGENDA
E) CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine
by the City Council and w i l l be enacted by one motion in the form listed
below. There will be no separate discussion on these items. If discussion
is desired, that item will be removed from the Consent Agenda and will be
con separately.
11 Accounts Payable
EA) SPECIAL HEARINGS
1. 1983 Budget (6:00 P.M.)
2. Plan Amendment - Health Resources (6:30 P.M.)
F) PUBLIC HEARINGS
11 Commercial Development Revenue Note - Emerald Inn (7:00)
2. Rezoning - 2669 & 2677 E. 7th St. (7:15)
3. Code Amendment - B C M (7:30)
G) AWARD OF BIDS
H) UNFINISHED BUSINESS
1. Planning Fees
2, City Council /Planning Committee Meeting
I) NEW BUSINESS
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MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 13, 1982
Council Chambers, Municipal Building
Meeting No. 82 -25
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the CouncilChambers, Municipal Building and was called to order at 7:00 P.M. by - Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes No. 82 -22 (August 19, 1982)
Councilmember Juker , moved that the Minutes o Meetin No. 82 -22 (August 19 1982gg )be approved as submitted.
Seconded by Councilmember Anderson. Ayes all.
2. Minutes No. 82 -23 (August 23, 1982)
Councilmember Anderson moved that the Minutes of Meetin No. 82 -23 (Au ust 23 1982beapprovedassubmitted.
Seconded by Councilmember Juker. Ayes — all.
3. Minutes No. 82 -24 (August 25, 1982)
Councilmember Juker moved to approve the Minutes of Meetin No. 82 -24 (A ust 251982) as submitte ----
Seconded by Councilmember Anderson. Ayes — Councilmembers Anderson, Bastian Juker
and Maida.
Mayor Greavu abstained.
D. APPROVAL OF AGENDA
Mayor Greavu moved to _approve the agenda as amended:
1. Amend Comprehensive Plan,
2. McKnight Road
3. Assessment Policy Review
4. Reconsideration for Clarification
5. 25th Anniversary Run
b. Rezoning on Frost
7. Engineering Technician
Seconded by Councilmember Bastian. Ayes — all.
1 — 0/ q
E . UONKE - NT AGENDA
Council removed Consent Agenda Item 8 and placed it as Item E - A3,
Councilmember Anderson moved, seconded by Councilmember Juker, Ayes - allY , to approvetheConsentAgendaItems1through7, 9 through 11 and 13 through 16 as recommended:
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses, Check No. 00810 throughCheckNo. 000895 g281972.79: Check No. 014103 through Check No. 014256 - $332,403.54:Part II, Payroll - Check No-, 04794 through Check No. 04922 - $58,175.55) in the amountof $672,551.88.
2. Budget Transfer - Severance Pay
Authorized a $25,000 transfer from account 101- 402 -4010 to finance the estimated sever-
ance payments for the balance of 1982.
3. Termination of 3M Agreement for Fire Protection
Authorized termination of the agreement with the 3M Company for fire P rote ction.
4. Renewal - Employee Disability and Dental Coverage
Authorized renewal of the existing one year contracts for long term disability insurancewithConnecticutGeneralandselfinsurancedentalplanwithEmployeeBenefitPlan.
5. Public Hearing - 1983 Budget
Resolution No. 82 -9 -119
NOTICE IS HEREBY GIVEN, that the Maplewood City Council will hold a public hearingtoconsiderproposedusesoffederalrevenuesharing y City of MaplewoodduringrelationshipofsuchfundstotheCity's entire 1983 Budget.The hearing will begin at 6:00 p.m. on October 7, 1982, and will be held in the CouncilChambersat1380Frost•Avenue. All citizens will have the opportunity to P rovidewrittenandoralcommentsonthepossibleusesofrevenuesharingfundsandtoask
questions concerning the entire budget and the relationship of revenue sharin g funds
to the entire budget.
The following is a summary of the proposed budget:
The revenue sharing funds are proposed to be transferred to the General Fund and used
9/13
Proposed Proposed Revenue
83 Budget Sharing Portion
General Government 6 0-
Finance 174 0-
City Clerk 320,290 0_
Public Safety 2 307 000
Public Works 3 0-
Community Services 801 O-
Community Development 239,8 0-
Totals 13 307,000
The revenue sharing funds are proposed to be transferred to the General Fund and used
9/13
to partly finance the contracts between the City and its three fire departments:
Gladstone, Parkside and East County Line. A detailed breakdown of the above will
be available' for public inspection during normal business hours at the City Hall
1380 Frost Avenue.
ANY PERSONS HAVING INTEREST in this matter are invited to attend and be heard.
Senior Citizens are encouraged to attend and comment. Handicapped persons needingassistanceoraidsshouldcontacttheCityClerkbeforethemeeting.
6. Budget Transfer — Highview North Judgement
Authorized the following budget transfers to finance the Highview North judgement:
42,760 101 -199 -4910 General Fund Contingency
1 203- 199 -4910 Revenue Sharing Fund Contingency
755 203 -111 -4360 Revenue Sharing Fund Newsletter Publishing
45,510
7. Approval of Elect -ion Judges
Resolution No. 82 -9 -120
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the followinglistofElectionJudgesforthe1982PrimaryElection, Tuesday, September 14, 1982:
Precinct No. 1
Eleanor Mathews, Chairman
Lorraine Schneider
Maryls Hartman
Mike Wasiluk
Precinct No. 2
Pat Thompson, Chairman
Evelyn Axdahl
Kathleen Dittel
Bea Hendricks
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
Precinct No. 7
Betty Haas, Chairman
Myrtle Malm
Wyman Hageman
Judy Widholm
Precinct No. 8
Jean Myers, Chairman
Lorraine Fischer
Rita Frederickson
Edity Stottlemeyer
Precinct No. 9
Ida Szczepanski, Chairman
Mary Johnson
Dolores Mallet
Betty Berglund
Precinct No. 10
Anne Fosburgh, Chairman
Mary Lou Lieder
Dorothy Arbore
Pat Werden
Precinct No. 11
Dolores Lofgren, Chairman
Maxine Olson
3 — 9/13
Sibbie Sandquist
Phyllis Erickson
Precinct No. 6
Kathy Supan, Chairman
Linda Prigge
Joanne Houghton
Joyce Schmidt
Shirley Luttrell
Margaret McDonald
Precinct No. 12
Mary Libhardt, chairman
Deloris Fastner
Mildred Dehn
Audrey Duellman
8. Time Extension - Stillwater Road and Stillwater Avenue (Gaughan)
See EA -3
9. Time Extension - Crestview Third Addition
Approved a one year time extension for the Crestvie Third Addition preliminaryy
10. Time Extension - Goff's Mapleview Addition
Approved a one year time extension for the Goff Is Mapleview Addition preliminaryYplatexceptthethreelotsfrontingonCountyRoadCwhichhavereceivedfinal
plat approval,
11. Final Payment - 1982 Overlay and 1982 Seal Coating
a. Resolution No. 82 -9 -121
WHEREAS, pursuant to a written contract signed with the City on August 16,1982, 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 MINNESOTAthattheworkcompletedundersuchcontractisherebyacceptedanda roved•P Pp and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby diyytoissueaproperorderforthefinalpaymentonsuchcontract, taking the con-
tractor's receipt in full.
b. Resolution No. 82 -9 -122
WHEREAS, pursuant to a written contract signed with the City on July 7, 1982NorthwestAsphalt, Inc. has satisfactorily completed Project 82 -11 in accordancewithsuchcontract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTAthattheworkcompletedundersuchcontractisherebyacceptedandapproved; and
BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed
t-o issue a proper order for the final payment on such contract, taking the contractor'sreceiptinfull. ,
12. Commercial Revenue Note - Emerald Inn - Final Approval
Remove from Agenda.
4 - 9/13
13. Change Order - Brookview Drive
Resolution No. 82 -9 -123
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered Improve-
ment Project No. 78 -20 and has let a construction contract therefore pursuant to Minn-
esota Statutes, Chapter 429; and
WHEREAS, it is now necessary and expedient that said contract be modified and desig-nated as Improvement Project 78 -20, 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 existinggcontractbyexecutingsaidContractAgreement #1.
14. Final Payment - Brookview Drive
Resolution No. 82 -9 -124
WHEREAS, pursuant to a written contract approved by the City on June 18, 1981,DeLuxe Construction, Incorporated, has satisfactorily completed Maplewood ImprovementProjectNo. 78 -20 in accordance with said contract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completedundersaidcontractisherebyacceptedandapproved; 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 receiptinfull.
15. Donation - Trinity Baptist
Accepted a donation of $225 from Trinity Baptist Church, 2220 Edgerton Street, with
appreciation.
16. Change Order - Adolphus Street
Resolution No. 82 -9 -125
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered ImprovementProjectNo. 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 de-
signated 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 existingcontractbyexecutingsaidContractAmendment #l.
E A SPECIAL HEARINGS
1. Plan Amendment - Health Resources
a, Mayor Greavu stated this hearing was continued from the meeting of August23, 1982. Health Resources, Inc. is requesting approval of a plan amendment from
SC Service Commercial to RB - Residential Business to construct a 100 plus con-Pdominiumorcooperativeresidencefor'senior citizens.
5 — 9/13
b. Mayor Greavu opened the meeting for anyone who wished to express their opinions.p ns.The following persons expressed their views:
Mrs. Christine Stone, 2727 Hazelwood Street (against the proposal)
Mr. Jim Swanson, Health Resources, Inc. spoke in favor
Mrs. Phyllis Erickson, 2673 Hazelwood Street (against the proposal)
Mr. Don Wiegert, 2119 Duluth Place (in favor)
Mr. Ronald Erickson, 2673 Hazelwood Street (against the proposal)
Mr. Gerald Glazer, Ebenezar Society, one of the committee who reviewed this
site for senior citizen housing, spoke in favor
Mr. Grant Haffely, 1559 E. County Road C (against the proposal)
Mr. John Riley, Health Resources, Inc., spoke in favor.
c. Mayor Greavu moved t approv the Plan Amendment from SC, Service Commercial,
to RB, Re Business, as requested by Health Resources, Inc. to construct
seni citiz housing on Hazelwood Street north of their faciliti at 2696 Hazel -
wood.
Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmember Maida.
Nays - Councilmembers Anderson, Bastian and
Juker.
2. HRA Housing Proposal
a. Manager Evans presented the staff report with the following recommendation:
I. Approve the enclosed resolution, authorizing the conditional ""'preparation of
applications to obtain tax- exempt mortgage financing and tax - increment financingauthorities.
II. Authorize staff to execute letters of understanding with:
A. WoodMark, Inc. for the recommended seniors development on site three;
B. Helth Resources, Inc. for the recommended senior's development on site
four;
C. Holmes and Graven, Chartered to serve as bond counsel;
D. Juran and Moody, Inc. to serve as financial
E. Bond underwriter (a recommendation to be offered on September 13).
III. Approve the enclosed resolution setting a public hearing for October 25 to
adopt the City's Housing Plan under Chapter 462 c (Tax- exempt mortgage bonding)of State Statutes.
b. Mr. David Briggs, WoodMark, Inc., 1707 Cope Avenue, spoke on behalf of the
proposals.
c. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -9 -126
WHEREAS, the Maplewood Housing Plan, adopted June 28, 1982, calls for the
creation of 620 housing opportunities for low to moderate income persons between
6 - 9/13
M
1980 and 1990- -195 of these units for the elderly and the remainder for families;
WHEREAS, on May 11, 1982, the Maplewood Housing and Redevelopment Authority
recommended to the City Council that the feasibility of a seniors' condominium
residence /first -time home buyer housing program should be evaluated;
WHEREAS, a listing of developers with expertise in seniors housing iwas re-
quested from the Metropolitan Council;
WHEREAS, four of the twelve developers contacted by Staff indicated that theyhadsitecontrolinMaplewood;
WHEREAS, seven sites were submitted for consideration by the four interested
developers (Bor -son, Health Resources, Inc. /Ebenezer Society, P.J. Gaughan, and
Woodmark, Inc.);
WHEREAS, on August 9, 1982, Council:
1. Requested site plans for the three best senior resident sites, as recom-
mended by the HRA on July 28, 1982, and
2. Authorized City participation of up to $4,000 for the preparation of the
first -time home buyer application, subject to repayment by the developer
of the seniors' residence, if the application is approved;
WHEREAS, on September 2, 1982, the HRA and City Council jointly interviewed
the developers of the proposed sites for the seniors' residences;
WHEREAS, Gary Solomonson Associates' feasibility study concluded that there
is a market demand for both the proposed seniors' residence and first -time home
buyer's program;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,that the following actions are hereby authorized:
1. Preparation of an application to the Minnesota Housing Finance Agency
for authority to issue tax- exempt housing revenue bonds, at a cost to
the City, not to exceed $4,000, subject to repayment by the chosen devel-
opers(s) of the seniors' residence, if this application is approved.
2. Preparation of a tax - increment financing plan to construct a seniors'
condominium /cooperatives subject to *site plan approval being granted bytheCity. All costs to be paid by the chosen developer(s).
Seconded by Councilmember Juker. Ayes - all.
d. Councilmember Bastian moved to direct staff to review other sites for the senior
residents roposal and authorized staff to execute letters of understanding with:
A. WoodMark, Inc. to review senior resident development sites.
B. Holmes and Graven, chartered to serve as bond counsel.
C. Juran and Moody, Inc. to serve as financial advisor
D. Miller and Schroeder Municipals as bond underwriter.
7 - 9/13
Seconded by Councilmember Juker. Ayes - all.
e. Councilmember Bastian introduced the folloiwng resolution and moved its adoption
82 -9- 127
WHEREAS, the City of Maplewood (the "City ") is interested in developing a
first -time homebuyer /senior citizen housing program; and
WHEREAS, the City is interested in selling housing revenue bonds pursuant
to Minnesota Statutes, chapter 462C (the "Act ") in order to provide loans to the
purchasers of housing units sold by senior citizens in the City; and
WHEREAS, the Act requires the adoption of a Housing Plan (the "Plan "). after
the holding of a public hearing, after published notice at least 30 days prior
to the date of the public hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD:
1. That a public hearing on the proposed Plan is set for October 25, 1982
at 7:00 p.m. in the Council Chambers.
2. That the City Clerk is directed to publish the following notice of public
hearing once at least 30 days prior to the public hearing in a newspaper circulating
generally in the City:
NOTICE OF PUBLIC HEARING
GENERAL HOUSING PLAN
NOTICE IS HEREBY GIVEN that the City Council will meet in the City Hall at
7:00 p.m., October 25, 1982, and conduct a public hearing pursuant to the requirementsofMinnesotaStatutes, Section 4.62C.01, et seq., as it relates to adoption of a
General Housing Plan. This plan will describe the housing needs of the City and
will describe a plan to meet said needs and other matters required by Minnesota
Statutes, Chapter 462C.
Persons desiring to be heard on the proposed plan may address the Council.
Further information regarding the plan will be available at the office of the City
Manager after October 11, 1982.
Seconded by Councilmember Juker. Ayes - all.
3. Time Extension - Stillwater Avenue and Stillwater Road. - Gaughan
a. Councilmember Bastian moved approval of a one year time extension for P.J.
Gau han's planned unit development at Stillwater Road and Stillwater Avenue, on
the basis that market conditions have not permitted this project to move forward
during the past year and there have been no changed conditions which would justif
a denial,
Seconded by Councilmember Anderson. Ayes - all.
F. PUBLIC HEARINGS
1. House Moving: 2799 Southlawn Drive - 7:00 P.M.
8 — 9/13
y a. Mayor Greavu convened the meeting for a public hearing regarding the requestofHermanJohnsontomoveahouseontopropertyat2799SouthlawnDrive. The Clerk
stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Mr. Herman Johnson, the applicant, spoke on behal - f of his proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Bastian moved to approve the request of Herman Johnson to move
a house onto roperty at 2799 Southlawn Drive subject to he followgconditions
bei met before a moving permit is issued: '
1. Payment of delinquent taxes and assessemnts
2. Payment of a $100 application fee
3. Provide a cash escrow, an irrevocable letter of credit, or equivalent securityof $1,000.00 to guarantee any street repair that may be required resultingfromdamagescausedbymovingthebuilding.
4. Lot lines shall be verified by the applicant by survey pins.
5. Furnish an irrevocable letter of credit, cash escrow, or equivalent security1 -1/2 times the estimated cost of remodeling, refinishing, or otherwise construct-
ing or reconstructing such building in accordance with the plans and specificat-ions. With this surety, it shall be further conditioned that the work willbecompletedwithinninetydaysoftheissuanceoftheprmit.
b. All rubbish, materials, extra fill, dirt, debris or left over material shall
be removed from the property within seven days after building is removedfromasiteinMaplewood.
7. 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 ermit is approvedP
to move another house onto said excavation. Any uncovered basement or excavationshallbefenced.
2. Sign Variance: Denny's Restaurant' 7:15 P.M.
a. Mayor Greavu convened the meeting for a' public hearing regarding the requestofDenny's Inc. for a sign height variance to erect an eighty foot tall PY lonsign (a variance of 52 feet) and a sign area variance for a 350 nsquarefootsigngvarianceis150squarefeet). The Clerk stated.the hearing otice was in orderreandnotedthedatesofpublication.
b. Manager Evans presented the staff report.
C . Board Member Dean Hedlund presented the following Community Design ReviewBoardrecommendation.
9 - 9/13
Board Member Hedlund moved the Board recommend approval of the sign variance as
presented to the Board with a maximum height of 50 feet, each sign not to exceed
175 feet--one s ign for Cricket Inn and one sign for Denny's. No additional free
standing signs would be permitted on either site. The variance is recommended
on the basis that the sign would not be readible at 25 feet by the interstate traffic
and also, by combining the two signs on one 50 foot pole, it will minimize the
clutter that multiple signs may create on the visual environment. The ordinance
presently would permit each sign to be 200 square feet if on different poles.
No, additional signs shall be installed on the approved 50 foot pole.
Board Member Deans seconded. Ayes - all."
d. Mr. Jack Lawrence, Signcrafters, explained the specifics of the p r oposaI
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. Councilmember Anderson moved approv of this sign plan stamp d 8 -10 -82 for
a si h i t and sign area variance for Denny's Restaurant and the Cricket Inn,i 1
1. Strict enforcement to height limitations would cause undue hardship since the
sign would not be readable by the interstate.traffic.
2. By combining the signs on one fifty -foot tall pole, Denny's and the Cricket
Inn would have minimized the clutter that multiple signs create on the environ-
ment. The ordinance presently would allow one 200 square foot sign for each
business if on separate poles.
Approval is subject to the following conditions:
1. The maximum height of the sign shall be fifty feet.
2. Each of the two sign faces shall not exceed 175 square feet.
3. No additional free - standing signs shall be allowed on either site. ,.
4. No additional signs shall be allowed on this sign pole.
Seconded by Councilmember Juker. Ayes - all.
3. Code Amendment: Setbacks to Residential Zones - 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing concerning establishingminimumsetbacksforalltypesofbuildinginR -1 and R -2 zones that are based
on height of buildings. 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
10 - 9/13
approval of the ordinance amendment to establish minimum setback requirementheightandmss sbaseduponbuildingheigs, for multiple dwelling, commercial and industrialstructuresthatwouldabutF, Farm Residenceing) and R -2, Residence D'
R Residence Districtt (sin le Dwell -District (Double Dwelling) g
August 1 g) as outlined in staff's rg1, 1982, reportdatedAu
Commissioner Whitcomb seconded. Voting: Ayes-Cog Barrett, Howard, KishelPrew, Sletten, Whitcomb
Nays- Commissioners Fischer and . He'nJ Y
Commissioner Whitcomb moved the Planning ornmi 'approval of the screenin ordi
g ssion recommend to the City Council
11, 1982,
g Hance as outlined in staff's report dated Augustg
Commissioner Kishel seconded. Ayes- Commission ers Barrett, Fischer, He jny, Howard,Kishel, Prew, Sletten, Whitcomb.'
d. Mayor Greavu called for proponents. None were heard,
r e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing,g
g. Councilmember Bastian moved to table this
Seconded by Mayor Greavu. A
item -_.- m until October 7, 1982 meetin .
Ayes - alY
4. Code Amendment: Environmental Prot •Protection Ordinance 7 :45 P.M.
a. Mayor Greavu convened the meeting or a ubl'merit for an environmental r g P is hearing concerning a code amend-p otection ordinance. The Clerk stated the hearinwasinorderandnotedthedatesofpublication. g notice
b. Manager Evans presented the staff report
c. Commissioner Duane Prew presented the following •ing Planning Commission recommendation:
Commissioner Fischer moved that while the Commission approves the conce t taresomequestionswiththedocumentaspresentedand
P , here
does not feel ready toitatthistime. endorse
Commissioner Whitcomb seconded. Ayes-Commissioners Fischer, Whitcomb, SlettenHoward,
Nays- Commissioners Barrett and Prew
Abstained- Commissioners Kishel & He'n ,11JY
d. Several area residents and developersproposal.voiced theer opinions regarding the
e. Councilmember Anderson moved to refer theordinancetothePlanninCommis
oposed environmenta prCommissionandtheHousingRedevelopmentAuth 'for further study and that the deve oritlrersbecontactedfortheirinput,
Seconded by Councilmember Juker.Ayes - all.
G. AWARD OF BIDS
11 - 9/13
I. Ho Avenue
a. Manager Evans presented the staff report,
b. Mayor Greavu introduce d the fol resolution and moved its ado ti on:
82 - 9 - 128
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA, that the bid ofT.A. Schifsky and Sons, Incorporated in the amount of $845,032.78, is the lowestresponsiblebidfortheconstructionofstreetwat
Avenue '
ermain, sanitary sewer and drain -age improvements on Holloway Project No. 81 -12, and the Mayor and Cleareherebyauthorizedanddirectedtoenteri rkintoacontractwithsaidbidderforandonbehalfoftheCity.
Seconded by Councilmember Anderson.Ayes - all,
H. UNFINISHED BUSINESS
1. Employee Medical Insurance
a. Manager Evans presented the staff report,
b. Mayor Greavu moved to authorize a one- dy ar contract with Blue Cross /Blue ShieldformedicalinsurancebasedupontheirrPpoposalreceivedonSeptember3, 19820
Seconded by Councilmember Anderson,n. Ayes - all.
2. BC(M) Moratorium
a• Manager Evans presented the staff report,
b. Councilmember Anderson moved to extend the moratoriusepermitsforrecreationorrestaurantusesin
um on the issu of s ecial
the B --- -zoning district from Se tember 17 usiness Commercial- Modifi dr1982toNovember8198241 --
Seconded by Councilmember Juker.Ayes - all.
3. Billboard Moratorium
a. Manager Evans presented the staff Pre ort.
b. Councilmember Juker moved to extend moratoriumatorium for three months or untilanordinanceisadopted. " _._,
Seconded by Councilmember Anderson.Ayes - Councilmembers Anderson, Bastian
Juker and Maida.
Nays - Mayor Greavu.
4. "No Parking" Larpenteur Avenue
a. Manager Evans presented the staff report,
b. No action taken. The applicants were 'not in attendance at the meeting.
c. Council directed the Police Department to check this area for parking problems.
12 - 9/13
I. NEW BUSINESS
1. Increase in Permit Fees
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved to table _the permit fe until the next regular
meeting and that Council discuss these a the work shop session.
Seconded by Mayor Greavu. Ayes - all.
2. Jon Belisle - Sewer Fees
a. No action taken. Applicant was not in attendance at the meeting.
3. Bellaire Sanitation - Automated Refuse Removal
a. Manager Evans presented the staff report. '
b. Councilmember Bastian moved to direct staff to prepare an ordiance r e.ulatin
Seconded by Mayor Greavu. Ayes - all.
4. Eleventh Avenue Right of Way Tax Delinquency
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved it adoption:
82 - 9 - 129
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 herein -
after 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 purposesfor11thAvenuethepropertydescribedasfollows, to wit:
The South 165 feet of the Northwest uarter of the Southeast RQQuarterof
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 officals are hereby authorized and directed to forward a
copy of this Resolution to the Land Commissioner of the County of Ramsey and proceedtoobtainsaiddeed.
Seconded by Councilmember Bastian. Ayes - all.
11 13
J. VISITOR PRESENTATIONS
1. Andy Zuercher
a. Mr. Zuercher stated he formalized plans to build a pole. building in April,
1982. He received approval from the Planning Commission at that time. He applied
for a building permit some time later and was told the Council had passed an ordinance
prohibiting,pole buildings.
b.- Council stated he could apply for a variance.
K. COUNCIL PRESENTATIONS
1. Amend Comprehensive Plan
a. Councilmember Juker stated she wished to amend the Comprehensive Land Use Plan
for the Gladstone area. She outlined the area that should be changed.
b. Councilmember Juker moved to initiate an amendment to the Land Use Plan for
the Gladstone area.
Seconded by Councilmember Anderson. Ayes — Councilmembe Anderson, Juker
and Bastian.
Nays — Mayor Greavu, Councilmember Maida.
2. McKnight Road
a. Councilmember Anderson requested a feasibility study be made for McKnight Road.
b. Staff stated a feasibility study has already been completed. and previously
presented to Council.
3. Assessment Policy
a. Councilmember Anderson requested the City assessment policy be reviewed.
4. Reconsideration for Clarification
a. Councilmember Anderson stated he would like to reconsider a motion made at
the last meeting on the Frost Avenue rezoning for clarification purposes only.
b. Manager stated if requested it would be placed on the next agenda.
5. 25th Anniversary Run
a. Councilmember Bastian stated the 25th Anniversary Run will be held October
17, 1982. It will start at noon at Plaza 3000 and will be 5 miles. There will
be applications available at City Hall.
L. ADMINISTRATIV PRESENT
1. Engineering Technician
a. Manager Evans stated one of the Engineering Technicians resigned and requested
authorization to replace him.
b. Mayor Greavu moved to authorize the Manager to Droceed to fill the Pnoi noor-i no
14 9/13
technician position.
Seconded by Councilmember Maida,
M. ADJOURNMENT
11:40 P.M.
Ayes - Mayor Greavu, Councilmembers Bastian,
Juker and Maida.
Nays - Councilmember Anderson
City Clerk
15 —9/13
1U -CITY OF MAPLEWOOD
CHECK* A M 0 U N T
do
1
000941
000942
000943
000944
000945
000946
84, 062.42
i 3. 20
3 s 46
298. 00
66. 00
3,786.75
A C C 0 U N T S P A Y A B L E DATE 10 -07 -82 PAGE
C L A I M A N'T U R P 0 S E
MUELLER PI PELINERS I AWARDED CONST CONTRA
JUDY CHL.EBECK TRAVEL +' TRAINING
MINN STATE TREASURER _. NV _. LICENSE FEES PAYP
MINN STATE. TREASURER STATE D/L FEES PAYAS
RAMSEY CTY CONCILIATION A/R - PARAMEOIC
METRO WASTE CONTROL COMM SoA.C, PAYABLE
000947 5,829.49 DELUXE CONSTRUCT
000948 2 7. 30 MINN STATE TREASURER
000949 237* 00 MINN STATE TREASURER
000950 83050 RAMSEY CO CLERK OF GIST
000951 3, 031.65 MINN STATE TREASURER
000952 1100 00 MINN STATE TREASURER
000953 1, 393.51 MINN STATE TREAS- SURTAX
000954 100. 00 LOIS DEH14
090955 88, 858. 0:1 OFFE I SONS INC
000956 1, 872. 60 MINN STATE TREASURER
000957 291,. 00 MINN STATE TREASURER
008958 30.00 GOVT TRAINING SERVICE
000959 180. 0D L.AVERNE NUTESON
0+00960 1007.25 .MINN STATE TREASURER
0 00 961 187* 00 MINN STATE TREASURER
090962 8. 00 SPRINGER COLLECTIONS
000963 3, 208,* 25 MINN STATE TREASURER
000964 286.00 1NN STATE TREASURER
CO NT P SL - PET PCT
AND - AWARDED C04ST Cr
NV LICENSE FEESS PAY I
STATE D/L FEES PAYAE
C TY D/L FEES PAYA E
MV LICENSE FEES PAYA
STATE D/L FEES PAYA.
SURCHARGE TAX PA YA SL
Change - League of T
Re ionaZ
DE leet ' YO%TRAAlfi1CONS
MV LTCENSE FEES PAYA
STATE D/L FEES PAYA R
TRAVEL f TRAINING
TRAVEL + TRAINING
MV LICENSE FEES PAYA
STATE D/L FEES PAYA 0
FEES, SERVICE
Paramedic Collectior
Mai LICENSE FEES PAYA
STATE 0/3: FEE'S PAYA 8
CITY OF MAP L E WOOD A C C 0 U N T S P A Y A B L E DATE 10-w07--82 FADE
i
CHECK*A M 0 U N T C L A I N A N T P U R P 0
000965 1,898* 4b MN STATE TREASU RER --PERA CONTRIBUTIONS, P£RA
000966.39962.28 NN STATE TREASURER -PERA P. E *R.A. BED PAYABLE
AND - CONTRIBUTIONS, P
0 00 9b 7 8, 690. Sir MN STATE TREA SURER`p ERA P.E. R.A. D PAYABLEAYABLE
AND - CONTRIBUTIONS, P
000968 as 00 METRO AREA MGT - ASSOC TRAVELEL TRAINING
0 00 96 9 267.07 STATE OF MN __ -- _ ._. ___ -..._ _DUE FROM OTHER GOVT
AND - INVENTORY OF SUP
000970 204* Off MINN STATE TREASURER STATE D/L PEES PAYAS
000971 2r 773. 75 MINN STATE TREASURER MV LICENSE FEES PAYA
000972 1 v 000. 04 EMPLOYEE BENEFIT CLAIMS DEPOSITS WITHI PAYING
000973 75. 00 RA MSEY CO CLERK OF DIST TCN Y D/L FEES PAYA 3
000974 12000 HEALTH ED UCA T I ON SERVICE DO 0 KS
000975 2, 039.50 MINN STATE TREASURER MV LICENSE FEES PAYA
00097 158. 00 NINN STATE TREASURER STATE D/L FEES PAYA 8
000977 12 031. 04 ORFE I + SONS INC Construction Develop,
0 0 0 97 8 3, 672. 72 SLUE CROSS f BLUE SM I E LO
Sent to City in error
PREPAID EXPENSE
000979 219000 MINN STATE TREASURER STATE D/L FEES PAYA 9,9
0009.80 1,670. 54 MlAPLELEAF OFFICIALS ASSN FEES i SERVICE
Fall S of tbal l L
000981 5.95 METRO AREA MGT ASSOC TRAVEL fL TRAINING
000982 2 , 606. 15 MINN STATE TREASURER MV LICENSE FEES PAYA
000983 332. 38 ICMA RETIREMENT CORP DEFERRED #CGMP PAYA9L,.
AN £3- DEFERRED C OM PENS {
000984 15 670. 40 MAPLEW003 STATE SAW FED INCOME TAX PA YA Oi
0009-95 7, 358.22 STATE OF MN STATE INCOME TAX :A Yi
000985 200.00 MN STATE RETIREMENT SYST -DEFERRED YDCUMPA ABLE
000987 291* 68 AFSC ME LOCAL 2725 UN I CN DUES PAYABLE
AND- -FAIR SHARE FEES I
CITY OF MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE LO -07 -82 PAGE
CHECK A M 0 U N T,C L A I! A N T P U R P O S E
000988 24. 00 METRO SUPERVISORY ASSOC UNION DUES PAYABLE
000989 277. 00 MN MUTUAL LIFE INS C0 DEFERRED COMP PAYABLE
000990 10.898. 00 CITY t CTY CREDIT UNION - _ .__..hR£DT UNION DED PAPA
000991 145.88 ROSEMARY KANE WAGE DEDUCTIONS PAYAE
000992
r
187.50 MAPLEW000 STATE BANK WAGE. DEDUCTIONS PAYAE
000993 276.90 HN BENEFIT ASSOC -t4gA INS PAYABLE
000994 160,009 WISCONSIN OPT OF REVENUE STAVE INCOME TAX PAYA
000995 14, 063.9+6 PAN STATE TREASURER -FICA F, I. C. Ao PAYABLE
AND-DUE TO OTHER GOVT
000996 68 MINN STATE TREASURER MV LICENSE FEES PAYAr
030997 142,. 00 MINN STATE TREASURER STATE D/L FEES PA YASL
000993 30. 00'GUVT TRAINING SERVICE TRAVEL } TRAINING
000999 4 881. X75 MINN STATE TREASURER MV LICENSE FEES PAYAE
5q 297,7 .6* 15 NECESSARY EXPENDITURES SINCE LAST COUNCIL MEETING
I ,,w
CITY OF HAPL£WOOD A C C 0 U N T S R A Y A 8 L E DATE 10 -07 -82 PAGE
CHECK*A M 0 U N T C L A I M A N T P U R P 0 S E
014 37 9 9. 96 ACE HARDWARE SUPPLIES, OFFICE
014380 11. 34 ADVANCE LIGHTING INC SUPPLIES, EQUIPMENT
014 381 68.58 ADVANCE SHORING CO _._ . _ _..._SUPPLIES, JANITORIAL
D14382 16.45 ALBRECHT LANDSUPING MAINTENANCE. MATERIAL
0 14 38 3 i, 4 79. 01 JAMES BAH T FEES, SERVICE
Bldg. Inspector01438410BOARDOFWAT£R COMM _UT ILIT I£S
AND- -OTHER CONS TRUCT.I
D 14385 23. 10 AVA BURK£R E F U N U
014385 129* 96 CHAPLIN PUBLISHING LEGAL + FISCAL
014 38 7 39 3. 00 COAST TO COAST SUPPLIES, RANGE
0 I4 38 a 352.55 COLLINS ELECTRICAL CONST REP. + MA TNT. , BLDG+
014389 64.95 RICHARD C OREGER UNIFORMS + CLOTHING
014390 1, 515.53 EASTMAN KODAK CO DUPLICATING COSTS
014391 400.00 EMP BENEFIT PLANS 'INC FEES, CONSULTING
014392 200.00 BARRY EVANS VEHICLE ALLOWANCE
I
014393 39* 24 DANIEL F FAUST TRAVEL # TRAINING
014394 86068 13 F GOCDR ICH CO SUPPLIES, VEHICLE
014 395 5 02. 08 GOODYEAR SERVICE STORE SUPPLIES, VEHICLE
ANC -RCP. + MAINT. v V#
014396 201. 39 DUAN E GRACE FEES, SERVICE
Temp. Inspector01439721.18 HALE COMPANY INC MAINTENANCE MATERIAL*
014 398 42.25 HEJN Y RENTALS INC RENTAL, EQUIP4ENT
014399 60.00 HILLCREST GLASS CO MAINTENANCE MATERIAL;
014400 1,110. 36 HOLIDAY INN R E F U N D
AND - A/R M ISCELLANEOU`.
AND -m TRAVE -L + TRA INI N(
014401 35.00 INTER ASSN OF CHIEFS SUBSCRIPTIONS +MEMBER!
CITY OF MAPLEWOOD A. C C 0 U 41 T S P A Y A B L E DATE 10 -Q7 -82 PAGE
CHECK*A M 0 U N T C L A I M A N T P U R P O S E
D14 90000 JONES CHEMICALS SUPPLIES, EQUIPMENT
014403 172. 66 KNOX LUMBER COMPANY MAINTENANCE MATERIAL!
014 40 4 125,L 2 CO INC _ _._._.._ _._ . '---'----REP. } MAINT., VEM
0.14 40 5 4, 675.75 LA IS BANK I GA N +- K ELL Y FEES, SERVICE
AND -LEGAL + FISCAL
Aug. Services
014406 32. 50 RICHARD. J LANG SUPPLIES, PROGRAM
014407 51,543000 NN CITIES INS TRUST INSURANCE
014408 5.00 DAVID LUTZ SUPPLIES, OFFICE
014409 194559 MACQUEEN EQUIPMENT INC SUPPLIES, VEHICLE
014419 29.30 MAPLEWOOD REVIEW PUBLISHING
014411 87 93 METRO WASTE CO , COMM SEWAGE TREATMENT
014412 32.50 DANIEL METTLER SUPPLIES, PROGRAM
014413 70.00 MN CHIEFS OF POLICE ASSN SU BSCRIPT I ONS +MEMBER
014414 165.00 MN DEPARTMENT PUBLIC RENTAL, EQUIPMENT
014415 174 MN MINING + MFG Co SUPPLIES, OFFICE
0144i 6 148.22 MN U NEMPL OY COMP FUND UNEMPLOYMENT COMP.
014417 23.25 STATE OF MTV BOOKS
014418 460* 00 W A MITCHELL LEGAL + FISCAL
014419 2,055.00 MOL PRINTING PUBLISHING
014420 875010 MOTOROLA INC REP* + SAINT. q - RADIO
014421 1, 050* 25 MUNIC + PRIVATE SERVICE FEES, SERVICE
Animal. Control.
014422 1 MUNIC + PRIVATE SERVICE FEES SERVICEAnima. Control
33.80 NATIONAL BUSINESS SYSTEM FEES, SERVICE014423
Microfiche Proce s s in j
014424 102.51 NORTHERN STATES POWER CO UTILITIES
014425 613e 35 NORTHERN S'TA `tES POWER CO UTILITIES
014426 687.56 NORTHWESTERN BELL TEL CO TELEPHONE
CITY OF MAPLE-WOOD
C HECK *A M 0 U N T
014427 1, 375. 00
D 14 42 8 48.25
014429 8 X3.95
014430 159 *90
014 431 148. 00
014432 1, 964. 88
014433 397.50
0 14 43 4 7 2. 0 0
014435 81402
014436 78'9 38
014437 212. 64
014438 13065
014439 1 65
014440 9, 9 00..06
014441 1 4 4 0.45
014 44 2 68o95
014443 38.50
014444 19011
014445 i2. 50
0 t4 446 21900
014447 "1
014448 43.43
014449 220.00
A C C 0 U 4 T S P A Y A B L E DATE 10° -07 -82 PAGE
C L A IM A N T P U RP0 SE
POSTMASTER POSTAGE
POWER BRAKE EQUIP CO SUPPLIES, VEHICLE
E K QUEHL CO _.._SUPPLIES OFFICE
RADIO SHACK SUPPLIES, EQUIPMENT
AND - SUPPLIES, OFF ICE
RA MS'EY CLINIC ASSOC P A f E ES SERVICE
Physical
RAMSEY COUNTY TREASURER OUTSIDE ENGINEERING
AND -MI SC CONTRACTUAL
A N D- FECS , , SERV ICE
Microfilming
RICE STREET CAR WASH REP. + MAINT. l VEHIC
RICE STREET CAR WASH REP. + MAINT.. VEHIC
ROAD RESCUE INC SUPPLIES, EQUIPMENT
SMI TESTING OUTSIDE ENGINEERING
S + T OFFICE PRODUCTS SUPPLIES, OFFICE
SAFE WA Y SLING CO MAINTENANCE MATERIAL
T A SCHIFSKY + SONS INC MAINTENANCE MATERIAL
SCHOELL + MI ARSON INC OUTSIDE ENGINEERING
CITY OF ST PAUL REP. + MAINT, q RACTC
AND --REP, + MAINT. , E
CITY OF ST PAUL FEES SERV XCE
Photo Service
STO SPRING + ALIGNMENT REP* + MA1NT., VEHIG
SUPERAMERICA SUPPLIES, VEHICLE
AND -FUEL. + OIL
SUPERINTENDENT OF DOCUM BOOKS
SUPERINTENDENT OF DOCU"SUBSCRIPTIONS +MEMBER
J THOMAS ATHLETIC CO SUPPLIES, PROGRAM
TRUCK + MFG CO REP. + MAINT., BLDG+
TURNQUIST PAPER CO 00PL.ICATING COSTS
CITY OF MAPLE WOO D
CHECK* A M 0 U N T
014 45 0 37.50
014451 94. 25
014 452 13.69
014453 58068
014454 55.39
014 45 5 282.98
014456 2 5 5, 3 0
014457 41. 25
01445e 1* 28
014459 214. 90
014460 Jo 138.9 3
0 14 461 8 4. 0 0
014462 57.75
014463 bG. 00
014 464 66. 00
014 465 61o90
014
S
7410 00
014467 64o00
014 46 8 G 8. 00
014469 65.0 0
014470 68006
0 1 4 471 6 8. X30
014472 bb. 00
014 47 3 7 0. 12
014474 70. 00
A C C O U N T S P A P A 3 L E DATE 10- 07!-82 PAGE
C L A I M A N T P U P P 0 S E
TWIN CITY FILTER SERV IN FEES, SERVICE
Filters Cleaned
WAGERS SUPPLIES,OFFICE
WARNERS TRUEVALUE HOW MAINTENANCE MATERIAL`
AND - SUPPLIES,EQUIPM!
WESTINGHOUSE ELECTRIC SUPPLIES JANITORTAL
WHITE BEAR DODGE iNC REP. +MAINT,,VEHIG.
DONNA BORASH WAGES,P/T +TEMP.
SANDRA DEMARS WAGES,P/T +TEMP.
PAUL HAAG WAGES,P/T +TEMP.
ALBERT RASCHKE TRAVEL TRAINING
JEFFERY RASCH KE WAGES,P/T +TEMP.
DENISE RYDEN WAGES,P/T +TEMP.
NANCY J SULLIVAN WAGES,P/T +TEMP*
SON THOMAS WALLACE WAGES,P/T +TEMP.
MARY ALBRECHT WA GES P/T +TEMP.
DOROTHY ARSORE WAGES,P/T +TEMPO
EVELYN I AXD AHL WAGES,P/T +TEMP.
BETTY MAE BERGLUND WAGES,P/7 +TEMP.
MILDRED OEHEN WAGES,P/T +TEMP.
AUDREY DUELLMAN WAGES,P/T +TEMP.
BETTY L EMERSON WAGES,P/T +TEMPO
PHYLLIS J ERICKSON WAGES,P/T +TEMP
DELORIS FASTNER WAGES,P/T +TEMP.
LORRAINE FISCHER WAGES,P/T +TEMP.
ANN FOSSURGM WALES,P/T +TEMP.
RI TA FREDERICKSON WAGES,P/T +TEMP.
City OF MAPLEWOOD b C C 0 U N TS P A Y A 8 l E
CHECK* A M 0 U N T C L A I h A N t
DATE 10 -07-82 PAGE
P U RP D SE
014475 78* 62 ELIZABETH HAAS WAGES.P/T TEMP.
014476 76.50 JEANNE A HAENER WAGES,P/T TEMP.
0144T 70000 WYMAN HAGEMAN .. _WAGES,P/T TEMPO
014478 64. 00 MARL YS HARTMAN WAGES,P/7 TEMP.
014479 68. 00 BEA HENDR I CKS
m
WAGES,P/T TEMP .
014480 74.50 JOANNE HOUGHTON __.. _ _._ ....WAGES,P/T TEMPO
014481 82.87 MARY JOHNSON WAGES,P/7 TEMP.
014482 72.00 EMMA KELSE WAGES,P/T TEMP.
0 14483 81* 81 BARBARA LEITER WAGES,P/T TEMP.
014484 73e00 LYNETTE LEONARD WAGES P/T TEMP.
0144$5 72.25 MARY LIBHARDT WAGES,P/T TEMP,
014486 68000 MARY LOU LIEDER WAGES,P/T TEMP,
C14487 72. 00 JOYCE LIPI NSKI WAGES,P/T TEMP.
014 48 3 78* 62 DELO RES LOEGREN WAGES,P/T TEMP*
014489 74. 00 SHIRLEY LUTTRELL WAGES P/T TEMP.
014490 74. 00 DELORES MALLET WAGES,P/ T TEMPS.
014491 70000 MYRTLE HALM WAGES,P/T TEMP.
014492 76.50 ELEANOR MATHEWS WAGES,P/ T TEMP,
014493 66* 00 MARGARET MCDONALD WAGES,P/T TEMP.
014494 78.62 SEAN MYERS WAGES,P/T TEMP.
0 14 49 5 72000 MAXI NE, OLSON WAGES,P/ T TE "P, _ ..
014496 73000 LINDA PRI GGE WAGES,P/T TEMP.
01+497 689 00 SIBBIE SANDQUIST WAGES,P/T TEMP.
01449 8 60000 AMY SGHAD T WA GE S,P,/ T TEMPO--
0 14 499 73* 00 JOYCE SCHMIDT WAGES,P/T TEMPO
CITY OF MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE 10 -0 7 -82 PAGE'
CHECK*A M 0 U N T C L A I M A N T P U R P 0 S E
014500 72000 LORRAINE SCHNEIDER WAGES* P/T +TEMP.
0 14501 700 00 EDITH STUTTLEMEYER WAGES, P/T +TEMP.
01 4 1502 KATHY SUPAN'-1AGEwS',-P---- Pt T--+-TE"Fv_&-
014 50 3 8* 00 IDA SZCZEPANSKI WAGES, P/T +TEMP.
014504 75e43 PATRICIA M THOMPSON WAGES, P/T TEMP*
014505 PZ_ 0 INARJORY- T DOLE WA IGESIV- Pf T- 4 T-Ei4.P-*—
014506 76* 50-CAROLINE WARNER WAGES, P/T +TEMP.
014507 77. 00 CHARLOTTE P WASILUK WAGES, P/T +TEMP*
014508 72000-MICHAEL WASILUK WAGES-V - P/T +
014 50 9 70*00 PATR,ICIA WERDEN WAGES* P/T +TEMP*
014510 70* 08 JUDITH WIDHOLM WAGES9 P/T +TEMP.
014511 72* 00 ELSIE WIEGERT WAGES-* P/T +TE"-e------
014512 10409 MARCIE ES BOLD T R E F U N 0
014513 6.00 MARY FINNEGAN R E F U N 0
814514 6060 ROBERT DICKERSON SURCHARGE TAX PAYASL
AND-wR E F U N 0 -Bld
Permit
01'4 15015 a* go MRS GARY GERKE R E F U N D
014516 6*00 TERRY KASIANOU R E F U N 0
014517 6* 013 VICKI WELLER R E F U N D
014518 14e09 PATRICIA ZOLLINGER R E F U N 17
014519 58020 THE TRAFFIC INSTITUTE SUPPLIES, EQUIPMENT
014520 120* 00 CARLETON RACQUET CLUB FEES, SERVICE
Adult Special Events
014521 5*00 FRIENDS OF MEEK -SUBSCRIPTIONS+MEMBER
014522 61000 MRS EDWARD LUOKE R E F U N D
014523 10000 VA MEYER R E F U N 0
014524 95*50 MAPLE HILLS COURSE SUPPLIES, PROGRAM
r CITY OF MAP EW00'D A C C 0 U H T S P A Y A 3 L E DATE 10--07-=82 PAGE
CHECK`A H 0 U N T C L A I M A N T P U R P 0 S E
014525 T.24 EDWARD acMARA
Telephone Expense
014526 25.00 STATE TREAS SURPLUS PROP SUBSCRIPTIONS +MEMBER
148 1951 (123* 63 C BE C K S WRITTEN
TOTAL OF 207 CHECKS TOTAL 492, 73 9.78
I T Y OF NA PLE W OOD
A CHECK
05285
05286
0
05,288
0 52 89
05290
0 52 91
05292
0 52 93
0 5294
05295
05296
05297
05298
0 52 99
05300
0 53 01
05302
05303
05304
05305
05306
05307
053-08
0 53 09
NAME
ANDERSON
BASTIAN
GjREAVD
JU KER
NAIDA
9EHM
EVANS
PELCQUIN
SCHLEICHER
CUDE
OOHERTY
ZUERCHER
FAUST,
HAGEN
NATHEYS
VIGCREN
A URE LI US
SELVOG
GREEN
S CHART
SCHAOT
Y I ETOR
HENSLEY
BASTY'R
COLLINS
PAYROLL REPORT
CERTIFICATION REGISTER
CROSS PAY
ORMAN G 275.00
ARY W 275.00
OHN C 350000
RA NCES L 275.00
ARYLEE T 215.00
OIS N 586.62
ARRY R 1,817e54
LF'RE D J 79 6.27
OHN F 116.88
ARRY i 191.54
ATHLEEN H 31..10
OHN L 115.39
ANIEL E 1, 446.46
RLINE O 888.92
LANA K 677.54
ELORES A 536.62
DCILLE E 1, 35 0.46
E TT Y D 811.25
HYLLIS C 755.59
MY L 6.50
EANNE L 215.36
OKRA INE S 592.12
ATRICIA A 25
EBOR AH A 532.16
ENNETH v 1, 504.62
PAGE 1
CHECK DATE 09 -24 -82
NET PAY `
18
256.57
254.61
230.20
239.04
407.44
1, 210.87
220.72
11 -6.88
145.44
221.61
115.13
950.94
398.58
473.93
399.79
7 05.2 9
5 08.3 5
5 21.75
6.5 0
178,28
408o49
193.94
257.19
209.9b
eITY CF MALE WCOD
CHECK
0 5310
05311
05312
0 5313
05314
05315
0 53 16
0 5317
05.318
05319
0 53 20
0 53 21
0 53 22
i
0 53 23
0 53 24
05325
05.326
0 53 27
0 53 28
05329
05330
05331
0 53 32
0.53 33
05334
NAME
HAGEN
a?lATH
RICHIE
SVENDSEN
A R N CLO
ATCHISON
BOWMAN
CAHANES
CLAUSON
O REGER
GREEN
HALWEG
HEINZ
HERBERT
JAQUITH
LANG
MCNULTY
NE E HAN , JR
METTLER
MOESCHTER
M CRE LL I
PEL TI ER
S KALMAN
SMITH
S TAFNE
PAYROLL REPORT
CERTIFICATION REGISTER
GROSS PAY
THOMAS L 1, 424. 31
JOY E 553039
CAROL L 501023
JOANNE N 709039
DAVID L 1,182.92
JOHN H 19 036.15
RICK A 629.54
ANTHONY G 1, 27 3.15
DALE K 1, 036.15
RICHARD C 1, 272.60
N GRMA N L 1, 207* 38
KEVIN R 1,056.00
STEPHEN 3 774* 46
MICHAEL J 1, 016. 77
DANIEL R 784.14
RICHARD i 1, 056.00
JOHN J 19206.92
JAMES E 1.9047e26
DANIEL B 1, 0 36.61
RICHARD M 1 , 9 016.77
RAYMOND J 1, 016; 77
WILLIAM F 1,163.08
DONALD W 1 016. 77
SCOTT A 53.60
GREGORY L 1, 016.77
PAGE 2
CHECK DATE 09 - 24 -82
NET PAY
324.08
369.0,
300.48
457.59
429.85
702.x.2
4 24.4 0
167.30
168,48
725.18
651.41
550.70
509.46
606.59
5i3.87
581149
181.08
554.79
689.01
157.58
689.89
654.69
177.21
53.6 0
637.97
ITY GF MAPLEWGQD
CHECK
0 53 35
0 53 36
0 53 37
05338
0 53 39
05340
05341
0 53 42
05343
0 53 44
0 53 45
0 53 46
05347
0 53 48
0 53 49
05350
05351
05352
05353
05354
05355
05356
05357
05358
053 59
NAME
STILL
STCCKTON
Z APPA
B F C KER
GRAF
LEE
NELSON
RA ZSKA Z OFF
RYAN
V OR JERK
Y OO NGRE N
EMBERTSON
S CHAD T
FLAUGHER
FULLER
NELSON
NELSON
RABINE
WILLIAMS
BARTA
HAIDER
WEGWERTH
LASS
FRESERG
PAYROLL REPORT
CERTIFICATION REGISTER
GROSS PAY
VERNON T 997.38
OARRELL T 1,084.67
JOSEPH A 1, 208077
RONALD D 1* 065.23
DAVID M 1, 065.23
ROGER W 1
JON A 1, 0 6 5.23
CARGL 4 1
DALE E 1, 142.89
MICHAEL P 1.
RJBERT E i, i72.04
JAMES G 1 0 39.49
JAMES m 9 44.31
ALFRED c I 12 7.54
JAYME L 711.42
JAMES D 6.3 0.62
KAREN A 65 7.33
ROBERT D 1, 231.68
JANET L 549.69
D U A NE 1* 0 5 5.54
MARIE L 477.69
KENNETH G 1, 391.. 08
JUDITH A 490.62
WILLIAM c 1, .157.08
RONALD L 824.00
PAGE 3
CHECK DATE 09 -24 -82
NET PAY _
600 *66
707.26
7 33.53
2 33.9
523.12
640.02
35.i2
850.73.
169.05
509.58
288.74
6 61..44
627.36
674.62
462.94
455.32
415.21
660.66
380.43
4 91.97
3.15.34
229.34
3 51.73
573.83
48'5.54
CITY OF MAPLEWOOD
CHECK
05360
05361
05362
053£3
05364
0 53 65
05366
05367
0 53 68
0 53 69
05370
05371
05372
fl 53 73
05374
0 53 *75
05376
05045
05377
05378
05379
05380
05381
0 53 82
05383
HEL.EY
HOCHBAN
KANE
KLAUSING
MEYER
PRETTNER
RE I NERT
TEVLINtJR
ELIAS
GE ISS LER
GESSELE
PECK
PI LLAT ZKE
WYMAN
LUTZ
SREHEI M
ED SON
NUL WEE
N ADEAU
NUTESON
OWEN
MACDONALD
MULVANEY
SRE NNER
KRUMMEL
PAYROLL REPORT PAGE 4
CERTIFICATION REGISTER CHECK DATE 09- 24-82
NAME GROSS PAY NET PAY
RONALD 824* 00 538 *88
JOSEPH H 824.00 547.65
MICHAEL R 939.88 424.43
HE NRY F 24.0 0 450e22
GERALD W 824 *00 439.50
JOSEPH B 1, 241.00 7.6 8 *53
EDWARD A 824.00 538x"
HARRY 824.00 518,50
JAMES G 981 *69 609 *01
WALTER M 935* 08 563.58
DAMES T 893.54 603.03
DENNIS L 981 *69 485,20
DAVID 1,157.08 792.12
JAMES tai 1v172.7'8 747 *72
DAVID P 562* 62 384* i8
ROGER W 769 *60 490.07
DAVID 8 918o75 612 *50
GEORGE W 769* 60 493.03
EDWARD A 8 95.41 6 00 * 92
LAVER NE S 1, 088000 476o55
GERALD C 840.00 5 00 x.86
JOHN E 908* 80 459978
DENNIS M 878.40 553.95
LDIS J 725e18 299.2 0
BARBARA A 27 0* 40 126.98
CITY OF MAPLEWOOD
J
CHECK
PAYROLL REPGRT PAGE 5
CERTIFICATION REGISTER CHEEK DATE 09-m.24-32
NAME - GROSS PAY NET PAY
0 53 84 DDEGA RD ROBER T D 1 3 64.77 842.83
0 53 85 STAPLES PA ULI NE M 1,6 86.3 5
0 53 86 BURKE MYLES R 824.00 453.82
05387 GERMAIN UAVID A 824.00 531.00
05388 GUSINDA MELVIN J 110088000*616.11
05389 HELEY ROLAN D 8 824.00 548.63
05.390 LEMON JEFFREY S 88.20 88028
05391 MARUSKA MARK A 8 26.52 5 30.42
05392 RASCHKE ALBERT 172.28 153..77
85393 SANDQUIST TH0MA.S J 38.00 38.00
04924 SANTA REED E 824.0:0 472.81
05394 TAUBMAN DOUGLAS J 804.00 517,20
05395 WARD RoY G 328.62 253.25
05396 GREW JANET M 684.92 448e59
05397 SOUTTER CHRISTINE 68+4.92 47 0.04
0 5398 CHLEBECK JUDY N 711e23 296e43
05399 JLSUN GEUFF RE Y W 1 34 0.31 8 22.75
0 54 00 EKSTRAND THOMAS G 932.83 573.49
0'5a401 JOHNSON RANDALL L 910.x'4 6$6.22
05402 JSTROM MARJO RIE 1, 133.54 709e38
0 54 03 WENGER ROBERT J 857.54 497.58
CHECK REGISTER TOTALS 101, 725.86 55,321.96
0
l..e
MEMORANDUM
TO: City Manager
FROM: Finance Director Er
RE: Public Hearing and Resolutions - 1983 Budget --
DATE: September 30, 1982
c;
Federal revenue sharing laws require that a public heari nq be held concerni nq
the City's proposed 1983 Budget and the use of revenue sharing monies. A cop
of the public hearing notice is attached for informational purposes (Exhibit A) .
Adoption of the 1983 Budget requires passage of a resolution. The expenditure
amounts listed i n the proposed resolution are based upon the proposed 1983
Budget delivered to the Council on August 25th after the adjustments itemized
in Exhibit B. The. following is a summary of the General Fund adjustments made:
Original Current
Proposed Exhi'bi t B Proposed
Budget Adjustments Budget
939,139 939,139 Beginning Fund Balance
5 50 5,241,250 Reven
307 272 , 740 Transfers in from the
Revenue Sharing Fund
5 50,790 5 Expenditures
30,000 30 Transfers out to Special
Assessment Fund
176 34,260 141,740 Transfer out to Capital
Improvement Fund
731 731 Ending Fund Balance
The proposed resolution for adoption of the 1983 Budget is attached as Exhibit C.
As in past years, this resolution provides that all budget changes require City.
Council approval except for minor chanqes which can be approved by the City
Manager. In the past, the City Manager was authorized to implement budget
changes of up to $1,000 without Council approval. For 1983, the resolution
increases this limit to ,1, 500 - The last paragraph of this resolution implements
the new procedure of transferring revenue sharing monies to the General Fund for
expenditure in order to simplify accounting and auditing.procedures.
A second resolution (Exhibit D) must be adopted that levies taxes payable in
1983 that will provide an. amount sufficient enough to support the 1983 Budget.
The second part of this resolution adjusts the tax levies previously certified
for all existing bond issues. It should be noted that these previously
certified bond issue tax levies were initially established at the time bonds
were sold and equal the estimated unassessed improvement project costs. The
scheduled tax levies have to be adjusted annually to finance the debt service
requirements based upon the special assessments actually levied and investment
interest earnings. •
Adoption of both resolutions is recommended.
DFF:inb
0
EXHIBIT A
NOTICE OF PUBLIC HEARING
PROPOSED 1983 BUDGET
NOTICE IS HEREBY GIVEN, that the Maplewood City Council will hold a
public hearing to consider proposed uses of federal revenue sharing funds
by the City of Maplewood during 1983 and the relationship of such funds to
the City's entire 1983 Budget. The hearing will begin at 6:00 p.m. on
October 7, 1982, and will be held in the Council Chambers at 1380 Frost
Avenue. All citizens w i l l have the opportunity to provide written and
oral comments on the possible uses of revenue sharing funds and to ask
questions concerning the entire budget and the relationship of revenue
sharinq funds to the entire budget.
The following is a summary of the proposed budget:
Proposed Proposed Revenue
1983 Budqet Sharinq Portion
General Government 6 0.
Finance 174 0-
City Clerk 320 0-
Public Safety 2 307
Public Works 3 40
Community Services 801 40
Community Development 239,880 40M
Totals T1 307
The revenue sharing funds are proposed to be transferred to the General
Fund and used to partly finance the contracts between the City and its three
fire departments: Gladstone, Parksi de and East County Line. A detailed
breakdown of the above w i l l be available for public inspection during normal
business hours at the City Hall, 1380 Frost Avenue.
ANY PERSONS HAVING INTEREST in this matter are invited to attend and be
heard. Senior Citizens are encouraged to attend and comment. Handicapped
persons needing assistance or aids should contact the City Clerk before the
meetinq.
e-exrs. Aurelius
City Clerk
Publish: September 22, 1982
Post: In City Hall for public display
EXHIBIT B
CHANGES MADE TO THE PROPOSED 1983 BUDGET
50 1. For the General Fund on page 18, the estimates revenues for
Account 3622 should be reduced from $50,790 to $0 due to
termination of the 3M Company fire protection contract.
50,790 2. For the General Fund on page 47, the appropriation for Account
4480 should be reduced from $614,660 to $563,870 due to
termination of the 3M Company fire protection contract.
34 3. For the Revenue Sharing Fund on Page 69, the estimated revenues
should be revised from $230,180 to $195,920. Also, the transfer
out to the General Fund should be revised from $307,000 to
272,740.
34 4. For the General Fund on Page 20, the transfer in from the Revenue
Sharing Fund should be revised from $307,000 to $272,740. Also ,
the transfer out to the Capital Improvement Fund should be
revised from $176,000 to $141,740.
6 50 For the General Fund on page 25, the appropriation for Account
4480 should be reduced from $74,660 to $68,500 in order to hold
legal .costs at the 1982 level.
1 6. For the General Fund on page 46, the appropriation for Account
4480 should be reduced from $54,500 to $52,580 in order to reduce
the Fire Departments requested contract increases from 9% to 5%
for paramedic assistance services.
19,270 7. For the General Fund on page 47, the appropriation for Account
4480 should be further reduced (see #2 above) from $563,870
to $544,600 in order to reduce the Fire Department's requested
contract increases from 9 to 5% for fire fighting services.
27,350 8. For the General Fund on page 34, the appropriation for Account
4910 (contingency) should be increased from $290,730 to $318,080
i norder to offset the decreased appropriations itemized i n the
preceding changes #5 #7.
EXHIBIT C
RESOLUTION ADOPTING A BUDGET FOR 1983
BE IT, RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA,
that the budget for 1983 is hereby adopted with the following appropriations
for each department and fund:
General Fund:
General Government $ 680
Finance 174
City Clerk 151
Public Safety 2
Public Works 939
Community Services 687
Community Development 239
General Fund Total 5
Hydrant Charge Fund:
Public Works 61
Sewer Fund:
City Clerk 169
Public Works 1
V, E. M. Fund:
Public Works 299,470
Park Development Fund:
Community Services 114,000
Debt Service Funds 221
Special Assessment Fund - -Debt
Service Accounts 5
Total 13
BE IT FURTHER RESOLVED, that all budget changes shall require City
Council approval except for budget transfers of up to $1,500 between
accounts which shall be implemented upon approval by the City Manager.
BE IT FURTHER RESOLVED, that authorization is hereby given to transfer
307,000 of revenue sharing monies to the General Fund to partly finance
the contracts between the City and its three fire departments: Gladstone,
Parks i de and East County Line.
SCHEDULE A
BONDS & INTEREST LEVIES COLLECTIBLE 1983
BOND ISSUES
Water Main Extension Improvement
Consolidated Improvement
Municipal Building
General Obligation Improvement
General Obligation Improvement
General Obligation Impr. Sanitary Sewer
General Obligation Improvement
General Obligation Improvement
General Obligation Improvement
General Obligation Improvement
General Obligation Improvement
State Aid Bonds
General Obligation Improvement
General Obligation Improvement
General .Obligation Improvement
General Obligation Improvement
General Obligation Improvement
General Obligation Improvement
General Obligation Improvement - Series 1
Public Works Building Bonds
General Obligation Improvement- Series 2
General Obligation Bonds - 1979
Fire Station Bonds
Prin.Code Per Bond Amount.
Amount Date No.Regis Levied
600M 9/15/64 509 54 364
975M 12/1/64 509 20
175M 5/1/65 301 16 16
835M 12/1/65 509 27
750M 12/1/66 509 24
645M 7/1/67 503 12 9
450M 12/1/67 504 12,000 3
380M 12/1/68 505 6
1 12/1/69 514 45
605M 12/1/70 521 10 13
1 8/1/71 514 65
540M 8/1/71 302
1 5/1/72 510 30,000 28
670M 12/1/72 511 30,000 28
2,175M 7/1/73 513 95,000
1 11/1/74 521 45 45
1 12/1/75 521 75 75
1 5/1/76 521 128,600 128
3 4/1/17 519 12 128,300
995M 4/1/77 303 78 72
3 10/1/77 520 65
825M 8/1/79 522 53 43
470M 8/1/80 304 84
979,248 591,000
TAX LEVIES PLEDGED TO REDEEM G. 0. REFUNDING IMPROVEMENT BONDS 1974
TAX LEVIES PLEDGED TO REDEEM G. 0. REFUNDING IMPROVEMENT BONDS 1977
M
MEMORANDUM
TO: City Manager
FROM: Associate Planner--Johnson
SUBJECT: Plan Amendment (Reconsideration)
LOCATION: 2696 Hazelwood Avenue
APPLICANT: Health Resources, Inc.
OWNER: Health Resources, Inc.
DATE: October 1, 1982
SUMMARY OF THE PROPOSAL
Request
r
4.
Action b7r Courc 4 I
tdow
M U G 1 fJiL 0 d ...._. _- M........_..
Ea cd_
Date
Approval of a plan amendment from SC- Service Commercial 'to RB- Residential
Business.
Proposal
1. Construct a 72 unit cooperative residence for the more "frail" senior citizens .See Map five.) .
2. The existing building would continue to be used for the applicant's offices,
community health education, and outreach programs. This facility would also
be used by the seniors for dining, gymnasium, convenience shops and meeting9
room facilities.
3. See the applicant's letter of request.
4. This site is one of two sites recommended for a split site seniors' residence
development in conjunction with the Housing and Redevelopment Authority's (HRA)tandem senior citizen /first -time home buyer program proposal. (See Pl anni n 9section.)
CONCLUSION
Analysis
The present service commercial designation for this site would permit overlyintensi.ve 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 densit isyconsistentwiththeapplicant's request and would not be out of character with
surrounding land uses. Neighborhood objections have been raised on the basi s , of
increased traffic, property devaluation, and loss of recreation opportunities. The
HRA felt these arguments are unjustified.
Th4 s site is desirable for a seniors' residence because of the residential neighbor-hood atmosphere and opportunities afforded by the park for interaction amon 9seniorsandareayouth. Bus service will eventually convenient, when extended to
the future hospital site on Beam and Hazelwood Avenues. Because - of these attributes
this site is considered by the Housing and Redevelopment Authority to be an 1
i y a excel ent
choicece for the proposed seniors' residence,
Recommendation
Approval of the enclosed resolution amend-ing the Land Use Plan from SC -Sre viceCommercialtoRB- Residential Business for 2696 Hazelwood Avenue.
BACKGROUND
Site Description
I . Si ze : 6.13 acres - seniors' residence
3.88 acres - existing building
20 Existing Use:
a. Parcel one (map three) : Two ball fields, leased b the Ci for oyy
softball and tee -ball. This lease permits the "use of the bale diamond,
providing said use doe not conflict with the use of the property by the
applicant."
b. Parcel two (map three) : Existing building, presently being used for the
applicant's offices and community service programs, including out - patient
treatment . for chemical dependence, home health care, and community health
education.
Surrounding Land Uses
North and East: Hazelwood Park
South: A single dwelling on a 4.4 acre parcel, planned for residential lower
density.
West: Hazelwood Avenue. West of Hazelwood Avenue, several single dwellings on
larger lots.
Past Actions
8-7-80: Council approved a special use permit for the applicant to operate the
community service programs, with the following conditions:
1. The permit shall be good for one year. It may be renewed if Council determines
that the use had no adverse affect on the neighborhood. The concerns for
parking spaces can be discussed at that time.
2. Striping of the parking lot for 52 spaces.
3. The city shall have a continued use of the ball diamond providing it does not
conflict with the use of the applicant.
4. The City shall sign a hold - harmless agreement absolving Health Resources, Inc.
of any injury liabilities for City use of the facilities.
50 The applicant shall appear before the Council if an increase of the number of
parking stalls beyond the 52 spaces is needed within one year-preceding the
renewal of their special use permit.
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 by this
facility after one year of operation.
2
b. Council approved a parking lot expansion for the facility. i t . Thi sy
expansion has been completed,
8-23-82: Counci renewed the applicant's special use ermi t for the HealthealthResourcesCenterforoneyear. ;..
9-12 -82: a. Council rejected the applicant's resent request.'! ! The mPq ot' ion for
approval failed for a lack of support.
b. Council authorized the HRA to proceed with the ro osed tandemPPseniorresidence/first-time home buyer program, less the applicant'ssite.
9- 27 -82: Council moved to reconsider the applicant's ro osal on October 7PP .
DEPARTMENT CONSIDERATIONS
Planni
1. Land Use Plan designation: SC- Service Commercial
2. Policy Criteria 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 which may be of a
high- intensity nature, such as fast -food restaurants, discount sales out -
lets, gas stations, and lightht industrial uses h •
z
9 shouldd be permitted subjecttospecificperformanceguidelines. The objective of establishing this
district is to provide for a wide variety of commercial uses compatiblewiththecharacteranddevelopmentpmentoftheneighborhoodsinwhich. they arelocated.
b. The Residential Business classification includes high density residentialandofficeuses, 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 flexible to P ermi t a
mixture of people in all housing areas regardless of age, ethnic, racial,cultural, or socioeconomic backgrounds.
d. Page 18-8: Housing should be provided which meets the P h Y s i cal and
psychological needs of all persons,
e. Page 18-9: Locate multiple family housing in areas not inferior to those
general used for conventional single - family housing.
f. Page C-37: 1) An elderly housingn project should - - -Y g p be 1 orated i n a res 1
dential district, but with good access to commercial
facilities and s'ervi ces , such as grocer 'stores dru
stores, medical clinics and passive recreational areas.
When these services are more than one - quarter or one-half
m i l e from a site, access becomes a problem.
l
0
J
2) Access to community services which are not in close
proximity to the site should be provided by an adequatepublicorprivatetransportationsystem.
3) The housing facility should be located so that 'quick
response of emergency services (i . e. medical , ambul ance ,
police, and fire) can be provided, especial when these
are not provided on-site.
4) Whenever possible, open spaces for ardens or recreation9createon
should be programmed into an elderly housing project.
3. Zoning: F -Farm Residence
4. Dens i ty': 34 people /net acre would be the maxi mum ermi ss i bl e density. p ensity. Aseniors' residence with 104 two - bedroom to 208 one - bedroom units could beconstructedontheundevelopedportionofthissite (parcel one - -ma three).
5. Plan Update
a. Amendments to the Land Use Plan authorized from March 3 1982 to Marchch I5 ,1982, resulted in a net loss of 61 acres of high and medium densityacreagecity-wide.
b. 39 acres of higher density l and were eliminated in the Hazelwoodhood.neighbor-
6. Housing and Redevelopment Authorit .p o ,ty (HRA) Housing Proposal.
a. On September 2, the HRA accepted the findings and recommendations of a
feasibility study conducted by Gary Sol omonson Associates for the HRA's
proposed tandem senior residence /first -time home buyers program and
approve the conceptrecommendedthattheCouncil
g
A split site seniors' residence is recommended. The former Hazelwood Schoolsiteisrecommendedforthe "frail elderly" component and the Woodmark sitoGervaisAvenue, west of White Bear Avenue) is recommended for the youngeremptynester" component.
b. On September 22, the HRA :
1) Reaffirmed its September 2 recommendation to ursue a split siteppto
seniors' development, including the applicant's site. The applicant'ssiteisthe _referred 1palternativeve for a frail elderly development on
the basis that:
a) The former school facilities (gymnasium, congregate di ni n andg,meeting rooms) could result in a significant cost -,Savings relative
to development of hpthe facility on the Woodmark site.
b) The vistas, proximity to open space, residential neighborhood 'settingandopportunityforinteractionwithyouthareattributeshighlydesirableforseniors' ho
g y
2) Indicated that it (HRA) would probably not desire to ursuep a seniors'
residence development if there would not be a "frail pelderly" component.
4
The only alternative available would be to construct both
components ('frail and younger empty nesters residences) on
the Woodmark site, The developer, however, is skeptical
about the marketability of such a development_.
c. if the fi rst -time home buyer component of the HRA' s tandem program is to
z remain as an option, the application must be initiated no-later than
October 8. A decision on the Hazelwood School site must be made on
October 7.
Public Works
1. Sewer and water lines have adequate capacity for a large residential structure.
2. .County Road C and Hazelwood are designated as minor arterial roadways.
Parks and Recreation
1. Development of this site would result in the loss of one if. not both, of the
tee-ball playing fields currently being leased from the applicant.
2. On August 9, the Parks and Recreation Commission discussed the potential loss
of the play fields but made no recommendation.
3. The applicant acknowledges that the northerly field would be lost. However,
a goal of planning seniors' residences is to ensure opportunities for the
interaction of youth and the seniors. The preliminary site plans indicate the
southerly site will be retained and enhanced for youth as well as seniors'
recreation.
Citizen Comments
Neighboring property owners have expressed opposition to the appl i cant's proposal
on the basis that the development would increase traffic on Hazelwood, devalue
residential property, and reduce recreation opportunities in the neighborhood for
children.
jW
Enclosures:
1. Location Map
2. Property Line Map
3. Site Plan Map
4. _ Land Use Plan Map
5. Proposed Site and Building Schematic
6. Applicant's Letter of Request
7. Resolution
5
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Map 4
Hazelwood
NEIGRBORHO"D LAND USE PLA.4 4
N
RESOLUTION NO.
COUNTY OF RAMSEY
CITY OF MAPLEWOOD -
RESOLUTION APPROVING A LAND USE PLAN AMENDMENT
WHEREAS, a proceedings for the amendment of the Maplewood ComprehensiveMunicipalPlanentitled "Plan for Maplewood" has been initiated by Health
Resources, Inc. for a change of Planned Use from SC- Service Commercial to RB-
Resi denti al - Business, for the following generally described area:
Except Hazelwood Park, all that property lying north of the south 510 feet
in the Southwest quarter (SW 1/4) of the Southeast quarter (SE 1/4) of Section
three (3), Township 29, Range 22.
WHEREAS, the procedural history of the proposed amendment is as follows:
1. The City of Maplewood has a Comprehensive Municipal Plan entitled
Plan for Maplewood" adopted pursuant to the provisions of Minnesota
Statutes, Chapter 670, Laws 1965 (the Municipal Planning Act., Minnesota
Statutes Annotated, Sections 462.351 to 462.364 thereof) ;
2. 'Minnesota Statutes, Section 462.355, Subdivision 2 and 3 thereof, providepvde
for amendment of the Comprehensive Municipal Plan' or of any section thereof;
3. An amendment of the Comprehensive Municipal Plan has been proposed by Health
Resources, Inc. and referred to the Maplewood Planning Commission, which
held a public hearing on the 16th day of August, 1982 pursuant to Minnesota
Statutes, 462.355, Subdivision 2 thereof, notice by mail and publication
having been given, heard all who wished to be heard, considered all written
and staff reports and analysis.
WHEREAS, the Maplewood City Planning Commission, having considered the
testimony of those present, all written submissions to it and staff reports,
approved the amendment on the following findings of fact:
1.. The present designation of SC- Service Commercial is. overly intensive
and out -of- character with adjacent planned uses.
2. The resultant density would not be inconsistent with the surrounding land
uses.
3. The site is well suited for a seniors' residence.
4. Six of 39 acres of higher density residential land would te regained which
had been lost in this-neighborhood during the Plan Update process,
t
NOW, THEREFORE, BE IT RESOLVED that the Mapl ewood - Ci ty Counci 1 hereby
certifies the above-described. amendment to its Comprehensive -Municipal Plan
entitled "Plan for Maplewood."
Adopted this day of 19
Mayor
Manager
ATTEST:
Clerk
s
X /& - J .
5. PUBLIC HEARING
4 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 hearing notice
was properly published. _-
Bill Knutson, Health Service Development, 2696 Hazelwood, - 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 possibly would not be considered for senior
housing development. He basi-cally objects to the proposal , does not wi sh
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 al the difference
between the-Plan and the zoning districts.
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,
low
Commissioner Fischer reviewed the process of site selection for the
seniors residence, _
Commissioner S1 etten mo ve d the P 1 a nn i ng _Commission recommend to the_
Ci.ty__Council. _approva.1 o the resolution amendi n the Land Use Plan from
SC- _Sei_osm_eroi al to RB, Residential Business for 2696 Hazelwood Avenue.
Commissioner Howard seconded Ayes -- Commissioners Barrett, Fischer,
Hej ny, Howard, Ki shel , Prew, S1 etten, Whitcomb
Commissioner S1 etten moxed the P1 anni na Commission recom to
Ci t Counci 1 a roval of a three- ear time extension for the c' u -se —pey.. p
t_LO unit sere c e ro rams at 2696 Hazelwood Avenue since there
b not been any -prgbl ema caued by t i s f ' tv dur' WQYe
9 operatio
Commissioner Whitcomb seconded Ayes- -Commi ssioners Barrett, Fischer,
He j ny, Howard, Ki shel , Prew, Sl etten , Whitcomb -a
6. VISITOR PRESENTATIONS
7, COMMUNICATIONS
is A F .. /
GHARLES W BRIGGS (1887-1978)
J. NEIL MORTON
GOLE OEHLER
A. LAURENCE DAVIS
FRANK HAMMOND
LEONARD J KEYES
B. G. HART
JOHN M. SULLIVAN
BERNARD P. FRIEL
BURT E. SWANso.x
M. J. GALVIN, J R .
DAVID G. FORSBERG
JOHN J. MCNEELY
GERALD H. SWANso
MCNEIL V. SEYMOUR, JR.
TERENCE N. DOTLE
RICHARD H, KYLE
JONATHAN H. MORGAN
JOHN L. DEVNEY
R. L. SORENSON
PETER H. SEED
PHILIP L. BRLNER
SAMUEL L. HANSON
RONALD E. ORCHARD
AvRON L. GORDON
JOHN R. KENEFICH
JOHN R. FRIEDMAN
DAVID J. SPENCER
DANIEL J. COLE, JR.
PETER .W. SIPHINS
DOUGLAS L. SHOR
MICHAEL H. JERONIMUS
R. SCOTT DAVIES
JAMES W. LITTLEFIELD
JOHN B. VAN DE NORTH, JR
STEVEN Z. KAPLAN
RICHARD G. MARK
ANDREW G. BECHER
JEROME A. GETS
STEVE A. BRAND
MARK W. WESTRA
ALAN H. MACLIN
LAW OFFICES
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANH BUILDING
SAINT PAUL, MINNESOTA 55101
2452 I D S CENTER
MINNEAPOLIS, MINNESOTA 55402
612) 291 -1215
October 1, 1982
Vii_ .. ... m. . w+•..b..oY
Ms. Lucille Aureliva
1380 Frost Avenue
Maplewood, MN
RE: City of Maplewood $1,140,000 Commercial
Development Revenue Note of 1982
Ernerald Inn of Maplewood Project)
Dear Lu:
REPLY TO
MARK R. MILLER
JEFFREY F. SHAW
DAVID G' GREENING
DAVID B. SAND
BETTY L. HUM
GHARLES R. HAYNOR
Rocco J MAFFEI, JR.
ANDREA M. BOND
MARTIN H. FISH
JOHN BULTENA
ROBERT L. DAVIS
RICHARD H. MARTIN
TRUDY H. SCHROER
MARY L. IPPEL
ROBYN L. HANSEN
WILLIAM J. JOANIS
MARGARET K. SAVAGE
JEANNE M. FORNERIS
BRIAN G. BELISLE
TONY R .STEMBEBGER
MARY SCHAFFNER EVINGER
MICHAEL H. STREATER
STEVEN T. HALVERSON
JOHN H. LINDsTRoM
RICHARD D. ANDERSON
SALLY A.SCOGGIN
JAMES F. GHRISTOFFEL
BARBARA JEAN D'AQUILA
DAVID G. McDONA.LD
BRUCE W. MOOTY
VIRGINIA A. DWYER
ERIC N
TRUDY R.GASTEAZORO
ELIZABETH J. ANDREWS
PETER G. HALLS
GHARLES B. ROGERS
OF COUNSEL
RICHARD E. KYLE
SAMUEL H. MORGAN
FRANK N. GRAHAM
St. Paul
Enclosed in connection with the above referenced
matter are copies of the following:
11 Final Note Resolution
2, Loan Agreement
3, Pledge Agreement
4, Combination Mortgage, Security Agreement,
Fixture Financing Statement
5, Construction Loan Agreement
6, Assignment of Rents and Leases
7. Guaranty Agreement
8. Various closing certificates and opinions
The reason that it is necessary that we have the rehearing
on this matter is because the Notice of Public Hearing for
the preliminary hearing was not published 15 days prior to
the public hearing. The Commissioner of Energy, Planning and
Development will not approve an industrial revenue bond
project unless a minimum of 15 days published notice is given
prior to the public hearing.
U
BRIGGS AWD MORGAN
Ms. Lucille Aurelius
October 1, 1982
Page Two
In addition the adoption of the f final Note
Resolution is scheduled for October 7,. 1982 after the
public rehearing. Because of the necessity for a re-
hearing the purchaser of the Note is requiring that this
Note be closed as soon as possible.
If you have any questions, please do not hesitate
to contact me.
Very truly yours,
Mary L. Ippe 1
MLI /jw
Enclosures
e
rtd <
c :ion by Cov -
rMEMORANDUM , r c s t? r?
TO: CITY MANAGER BARRY EVANS
Y
FROM : CITYCITY CLERK. e
REGARDING: PRELIMINARY APPROVAL - INDUSTRIAL REVENUE NOTES - EMERALD INN
DATE: AUGUST 3, 1982
Developers of the Emerald Inn Project are requesting approval for a $1,500,000 In-
dustrial Revenue Note to construct a 66 unit Emerald Inn economy motel on County Road
D east of White Bear AVenue.
Representatives of Emerald Inn will be at the meeting to present their ro osal.P P
APPLICATION /AGREEMENT
FOR TAX EXEMPT
MORTGAGE REVENUE NOTE FINANCING
This Agreement is hereby entered into between the City of Map ewood ,
Minnesota, hereinafter called the "City" and Emerald Inn of Maplewood
hereinafter called the "applicant".
The applicant is requesting financing for a developmentgent project and
desires that the City issue notes according to the terms of the Municipal
Industrial Development Act of 1967 as amended. In order for the application
to be considered by the City, the applicant hereby agrees to pay all costs
involved in the legal and fiscal review of the proposed project and all costs
involved in the issuance of said notes to finance the project.
It is further agreed and understood that the City reserves the right to
deny any application for financing in any stage of the proceedings prior to
adopting the resolution authorizing the issuance of notes.
1. APPLICANT:
a. Business Name - Emerald Inn of Maplewood
b. Business Address - 771 NE Harding Street, Minneapolis, Mn 55413
c. Business Form (corporation, partnership, sole proprietorship, etc.) -
d. Authorized Representative - Chayton Corporation, 771 NE Harding, Mpls , Mn
e. Telephone 612/378 -2563
2. NAME (S) OF MAJORITY STOCKHOLDERS, OFFICERS & DIRECTORS, PARTNERS, PRINCIPALS:
a. Judson Dayton
b Duncan Dayton
c. Edmund Chute
d . Fred Chute, Jr.
e. David Chute
f. Arthur B. Johnson
3. INCLUDE A PROPERTY LINE MAP SHOWING EXACT LOCATION OF PROPERTY, NAMES OF
ADJACENT STREETS, AND DIMENSIONS OF PROPERTY.
4_. NATURE OF BUSINESS
a. Briefly describe the project proposal : 66 -unit Emerald Inn economy
motel similar to the Northrid e Emerald Inn at 694 & Lexin ton in
Arden Hills.
OVER)
v
b. Is the project associated with an existing Maplewood Business?
Yes No x If yes: Relocation Expans
Rehabilitation
5. AMOUNT OF CITY FINANCING BEING REQUESTED: $ 1, 5001000
6. PURPOSE OF REQUESTED FINANCING: To construct economy motel
a Business purpose to be served To provide modern, attractive, economical
sleeping rooms, and to provide jobs to the area.
b. Public purpose to be served.
7. BUSINESS PROFILE:
a. Number of employees in Maplewood:
Full Time Part Time
Before this project
After this project 20
b. Projected annual sales: $ 400,000
c. Projected annual payroll: $
8. NAMES OF:
a. Financial consultant for the business: Don Zibell, . of Boulay, Heutmaker,
Zibell & Company, Edina, Mn.
b. Legal counsel for the business Dorsey & Whitney
c. Corporate counsel: Dorsey & Whitney
9. WHAT IS YOUR TARGET DATE FOR:
a. Construction start October 1,'1982
b. Construction completion: April 15, 1983
Chayton Corporation, for Emerald Inn of Maplewood
Name f 'Appl i cant
6 / , Utz ,
Signature of Authori ed Representative
S 4 ticc.1ieeh av r ,
Title
6 -
3
the following items must be submitted with this application to the Community Development
l Department:
1. A $500.00 filing fee
2. A resolution setting a hearing date
3. An application to the Commissioner of Securities for approval of Municipal
Industrial Revenue Bond project
If you have any questions on items 2 or 3, call the City Clerk, Lucille Aurelius, 770 -4500
IL
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Northridge Emerald Inn
1125 Red Fox Road
Arden Hills, MN 551
Phone 612/484-6557
After over 40 years of travel all over the world, I always look for
lodging that meets my three "C" test; Clean, Comfortable and Courteous. The
Emerald Inn rates very high in each category, Plus, it's convenient, it's
economical and QUIET, which after a hectic business day I appreciate."
S.H. Fischer, Control Data Corporation
The Emerald is a quiet, clean Inn where the traveler is treated in a
friendly manner. It is adjacent to I -694 providing good access to the
Minneapolis or St Paul business districts. Room rates are reasonable and the
rooms are attractively furnished. I heartily recommend this Inn to all
travelers."
Charles Lyons, Land O' Lakes
I have stayed at rooms ranging two to three times the cost of Emerald
Inn's rooms. These more expensive rooms have been smaller, older, and not
as clean as at the Emerald Inn. I wasn't paying for just a room; I was
paying for a grand lobby, a swimming pool, and Other recreational facili-
ties - none of which I would use and enjoy. I'm a businessman, and I use
a motel for bed and bath, not for a vacation resort. If someone has the
same needs and wants, I would highly recommend the Emerald Inn."
Paul Skrip, Trane sentinel
My reason for staying at the Northridge Emerald Inn? Quiet, clean
rooms. Polite personnel. Location is close to our home office. And, their
rates are the most reasonable I've found."
Wes Oppegard, R.L. Gould Co.
Our family's stay at the Emerald Inn for three months was lovely. The
warmth and total cooperation we received from all the staff, including the
owner, was so appreciated. We will never forget how accommodating everyone
was during our troubled times.
The "extras" the Emerald offers made it seem like home - free coffee
all day and night, free ice, color television, and not to forget our rooms
were kept immaculate. All I can say is, when it was time to leave, my son
did not want to go, and neither did I!
Our family has no question regarding where we would recommend other
family members and friends to stay but at the Emerald Inn."
Mr. & Mrs. Jim Kooy & Ricky
home damaged by 1981 tornado)
0
FINAL NOTE RESOLUTION
CITY OF MAPLEWOOD'
1,100 COMMERCIAL DEVELOPMENT
REVENUE NOTE OF 1982
EMERALD INN OF MAPLE4VOOD PROJECT)
Adopted:f 1982
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.)
TABLE OF CONTENTS
Page
ARTICLE ONE -DEFINITIONS, LEGAL AUTHORIZATION
AND FINDINGS ..............1............1
Section 1 -1.Definitions .....••••• *••• *•••1
Section 1 -2.Legal Authorization.......... • 0 . •3
Section 1-3.Finding.s .........................3=
Section 1-4.Authorization and Ratification
ofProject . ......................5
ARTICLE TWO -NOTE 6
Section 2-1*Authorized Amount and Form
ofNote ..........................6
Section 2 -2.The Note ..............•••••••••••1
Section 2 -3.Ex eeution............••&•••••o•••17
Section 2 -4.Delivery of Note......••••••••••17
Section 2-5.Deposition of Note Proceeds ......18
Section 2-60 Registration of Transfer* 0 0 0 0 .. • .18
Section 2-7.Mut i 1 ated , Lost or Destroyed
Note.............................19
Section 2 -8.Ownership of Note 9 0 0 . 9 94.06.. 0 • * •19
ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY...20
Section 3 -1,Prepayment ........•••••• **0•00000 20
ARTICLE FOUR GENERAL COVENANTS......•••.•• go* ••••••21
Section 4 -1.Payment of Principal and
Interest .........................21
Section 4 -20 Performance of and Authority
forCovenants..6.900.900*1•0696964 21
Section 4-39 Performance of Covenants* 0 0 0 6 . . . .21
Section 4 -49 Nature of Security . 0 0 0. 0 0.00. 0. 0 0 22
ARTICLE FINE MISCELLANEOUS .........•.• *••O••• *00000 23
Section 5 -1.Severability .......••••••*•••• *•0 23
Section 5 -2.Authentication of Transcript. 0 0 6 0 23
Section 5-3o Registration of Re solution .......23
Section 5 -4.Authorization to Execute
Agreements .......................23
SI GNAT U RE S 0 0 0 0 0 0 0 0 0 0 . 0 . 0 0 0 . 0 0 0 0 0 . 0 0 0 . 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 24
NOTE RESOLUTION
RESOLVED by the City Council of the City of
Maplewood, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions .
The terms used herein, unless the context hereof
shall require otherwise shall have the following meanings, and
any other terms defined in the Loan Agreement shall have the
same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intents
Act the Minnesota Municipal Industrial Development Act,
Minnesota Statutes, Chapter 474, as amended;
Assignment of Rents and Leases the agreement to be
executed by the Borrower assigning all the rents, issues,
profits and leases derived from the Project to the Lender to
secure the repayment of the Note and interest thereon;
Bond Counsel the firm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, or any
other firm of nationally recognized bond counsel, and any
opinionpon of Bond Counsel shall be a written opinion signed by
such Bond Counsel;
Borrower Emerald Inn of Maplewood, a Minnesota general
partnership, its successors, assigns, and any surviving,
resulting or transferee business entity which may assume its
obligations under the Loan Agreement;
Cam the City of Maplewood, Minnesota, its successors
6
and assigns;
Construction Fund the fund established by the City
pursuant to this Resolution and into the Proceeds Account of
the Construction Fund the proceeds of the Note will be
deposited;
Construction Loan Agreement the agreement to be executed
b y thCity., the Borrower and the Lender, relating to the di s-
bursement and payment of Project Costs for the acquisition,
construction and installation of the Project;
Guarantors [to come]
Guaranty collectively, the guaranties of the payment of,
among other things, the principal of, premium, if any, and
interest on the Note to be executed by the Guarantors as of the
date of this Agreement;
Improvements the structures and other improvements,
including any tangible personal property, to be constructed or
installed by the, Borrower on the .Land in accordance with the
Plans and Specifications;
Land: the real property and any other easements and
rightsdescribed in Exhibit A attached to the Loan Agreement;
Lender First National Bank of Minneapolis, in
Minneapolis, Minnesota, its successors and assigns;
Loan Agreement the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mortgage the Combination Mortgage, Security Agreement
and Fixture Financing Statement between the Borrower as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note and interest thereon including any mortgage supplemental
thereto entered into in accordance with the provisions thereof;
Note.* the $1,100,000 Commercial Development Revenue Note
of 1982, (Emerald Inn of Maplewood Project) to be issued by the
City pursuant to this Resolution;
Note Register the records kept by the City Clerk to
provide for the registration of transfer of ownership of the
Note;
2
Plans and Specifications the plans and specifications
rrr.r i
for the construction and installation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
pledge Agreement the agreement to be executed by the
City and the Lender pledging and assigning the Loan Agreement
to the Lender;
Principal Balance so much of the principal sum on the
Note as remains unpaid at any time;
Project the Land and Improvements as they may at any
time exist;
Project Costs the total of all
Loan and Carrying Charges., is
as those
Loan Agreement;
Resolution this Resolution of
44 , 1982, authorizing the issuance of
any supplement or amendment thereto.
Construction Costs" and
terms are de f ined in the
y u
the City adopted Septemb e
the Note, together with
All references in this instrument to designated
Articles," "Sections" and other subdivisions are to. the desig-
nated Articles, Sections and subdivisions of this resolution as
orlginally adopted . The words .herein, " "hereof" and "hereund-
er" and other words of similar import refer to this Resolution
as a whole not to any particular Article, Section or subdivis-
ion.
1 -2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1 -3. Findings
The City Council has heretofore determined, and does
hereby determine, as follows:
t 1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
3
2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan.Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and the execution of
the Loan Agreement, the Pledge Agreement, the Note and the
Construction Loan Agreement, which documents specify certain
terms and conditions of the acquisition and financing the
Project;
3) in authorizing the Project the City's purpose is, and
in its judgment the effect thereof will be, to promote the pub-
lic welfare by: the promotion of tourism in the state, the
attraction, encouragement and development of economically sound
industry and commerce so as to prevent, so far as possible, ; the
emergence of blighted and marginal lands and areas of chronic
unemployment; the development of revenue - producing enterprises
to use the available resources of the community, in order to
retain the benefit of the community's existing investment in
educational and public service facilities; the halting of the
movement of talented, educated personnel of all ages to other
areas and thus preserving the economic and human resources
needed as a base for providing governmental services and facil-
ities ; the provision of accessible employment opportunities for
residents in the area; the expansion of an adequate tax base to
finance the increase in the amount and cost of governmental
services, including educational services for the school
district serving the community in which the Project is
situated;
4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 of the Act, will require the
issuance of the Note in the aggregate principal amount of
1,100,000 as hereinafter provided;
5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Project;
6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not consti-
tute or give rise to a pecuniary liability or a charge against
the general credit or taxing powers of the City and neither the
full faith and credit nor the taxing powers of the City are
pledged for the payment of the Note or interest thereon; and
0
7) the Note is an industrial development bond within the
meanie of Section 103(b) of the Internal Revenue Code and is
g
ion provided under, subparagraphtobeissuedwithintheexemptpgraph
of Section 103 (b) (6) of the Code with respect to an issue
of $10, 000, 000 or less ; (
D)
provided that nothing herein . shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1 -4. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize the
Borrower.,in accordance with the provisions of Section
474.03 (7) of the Act and subject to the terms and conditions
set forth in the Construction Loan Agreement, to provide for
the acquisition, construction and installation of the Project
by such means as shall be available to the Borrower and in the
manner determined by the Borrower, and without advertisement
for bids as may be required for the construction and acqui s i -
tion of municipal facilities; and the City hereby ratifies,
affirms, and approves all actions heretofore taken by the
Borrower consistent with and in anticipation of such authority
and in compliance with the Plans and Specifications.
5
ARTICLE TWO
NOTE
2-1. Authorized Amount and Form of Note.,
The Note issued pursuant to this Resolution shall be
in substantiall the form set forth herein, with such appropri-
ate variations, omissions and insertions as are permitted or
re b this Resolution, and in accorda with the further
provisions hereof; and the total principal amount of the Note
that ma be outstandin hereunder is expressl limited to
1,100,000 unless a duplicate Note is issued pursuant to Sec-
tion 2-6. The Note shall be in substantiall the followin
form:
100
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1982
Emerald Inn of Maplewood Project)
1,100,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Rams
County Minnesota (the "City ") , hereby promises to pay to the
order of First National Bank of Minneapolis (the "Lender ) , its
successors or registered assigns (the Lender and any such
z
s g
successor or registered assignee being also sometimes
here inafter referred to as the "Holder ") , from the source and
in the manner hereinafter provided, the principal sum of ONE
MILLION ONE HUNDRED THOUSAND DOLLARS ($1,100,000) or so much
thereof as remains unpaid from time to time (the "Principal
Balance"), with interest thereon at the rate specified in
parag and 1(b) hereof (the Tax Exempt Rate") or at
phs 1 ( a
ahigherrte as provided in paragraph 1(c) hereof (thesuchgp
Taxable Rate"), in any coin or currency which at the time or
times of payment \ is legal tender for the payment of public or
private debts in the United States of America, in accordance
with the terms hereinafter set forth.
1. (a) From and a f ter the date hereof through and
including PludinSeptember 1, 1983, interest only shall be paid at the
rate of % per annum. Interest shall accrue from the date
hereof and all be payable on the f it st day of the calendar
month next succeeding the date hereof and on the first day of
each and every month thereafter through and including September
1, 1983e
b) Commencing on October 1, 1983 and on the
first day of each calendar month thereafter, the Principal
Balance shall be amortized in equal consecutive monthly
insinstallments of principal and interest the amount of each of
which is to be calculated on an assumed thirty -yeas
amortization with interest from September 1, 1983 at the rate
per annum and a final installment on September 1 2012
f "
Final
p be ( Final Maturity Date") which shall equal to the unpaidq
Principal Balance and accrued interest thereon. Any payment
shall be applied first to accrued interest and thereafter to
reduction of the Principal Balance.
VA
c) (i } In the event that the interest on t1lis
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 City
shall immediately upon demand pay to the Holder and to each
prior Holder affected by such Determination of Taxability an
amount equal to the amount by which the interest accrued
retroactively at such increased rate from the Date of
Taxability to the date of payment exceeds the amount of
interest actually accrued and paid to the Holder and any such
prior Holder during said period. (Such obligation of the City
shall survive the payment in full. of the principal amount of
this Note) . Commencing on the first day of the month next
following the date of payment of such additional interest and
continuing on the first day of each month thereafter (unless
the Holder shall accelerate the maturity of the Note pursuant
to clause (ii) of this paragraph (c)) , this Note shall be
payable as follows:
A) if amortization of the Principal Balance
had not theretofore commenced under
paragraph (b) hereof, the monthly payments
of interest only hereunder shall be
increased to reflect the accrual of
interest at the Taxable Rate and the
monthly installments of principal and
interest payable scommencing with the
October 11 1983 payment shall be recomputed
on the basis of the Taxable Rate on an
assumed thirty year amortization; or
B) if amortization of the Principal Balance
had theretofore commenced under paragraph
b) hereof, the monthly installments of
principal and interest payable commencing
with the next succeeding payment shall be
recomputed on the basis of the , Taxable Rate
and amortization over the remaining portion
of the original assumed amortization*
ii)Upon a Determination of Taxability, the
Holder may declare the entire Principal Balance of this Notey ' retroactivelytogetherwithaccruedinterestthereonatsuchrey
increased Taxable Rate to be immediately due and payable plus
the prepayment premium, calculated in accordance with paragraph
8 hereof.
iii) The Holder shall give notice, as soon as
practicable, to the Borrower of any Notice of Taxability, as
hereinafter defined, received by the Holder and permit the
Borrower to contest, litigate or appeal the same at its sole
expense; provided that any such contest, litigation or appeal
is, in the reasonable opinion of the Holder, being undertaken
and carried forward in good faith, diligently and with reason--
able dispatch. In the event any such contest, litigation or
appeal is undertaken, the increased interest provided in
paragraph (b)(i) shall, nevertheless, be payable to the Holder
and shall be held by the Holder in escrow (without paying
interest thereon) pending final disposition of such conte st ,
litigation or appeal, provided that the Borrower shall
indemnify and hold harmless the Holder and each prior Holder
from any and all penalties, interest or other liabilities which
they may incur on account of such contest, litigation or
appeal.
iv) The terms "Determination of Taxability, 11
Date of Taxability" and "Notice of Taxability" shall have the
meanings ascribed to such terms in the Loan Agreement, dated
the date hereof (the Loan Agreement ") , between the City and
Tanners Lake Partners (the "Borrower ").
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
penalty., at maturity, upon redemption, or otherwise. Interest
shall be computed on the basis of a 360 day year, but charged
for the actual number of days elapsed.
3. Principal and interest and any premium due
hereunder shall be payable at the principal office of the
Lender, or at such other place as the Holder may designate in
writing.
4. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivisions lb,
Minnesota Statutes, consisting of the acquisition, construction
and equipping of an Emerald Inn Motel, pursuant to the Loan
Agreement, and this Note is further issued pursuant to and in
full compliance with the Constitution and laws of the State of
Minnesota, particularly Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on
September 13, 1982 (the "Resolution ") .
W
5. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender (the "Pledge
Agreement ") , a Combination Mortgage, Security Agreement and
Fixture Financing Statement, of even date herewith between the
Borrower as mortgagor, and the Lender as mortgagee (the
Mortgage ") by an Assignment of Rents and Leases, of even date
herewith, from the Borrower to the Lender (the "Assignment of
Rents and Leases ") and Guaranties from [to come3
to the
Lender collectively, the "Guaranty"). The proceeds of this
Note shall be placed in the Proceeds Account of the
Construction Fund established pursuant to the Resolution and
the Construction Loan Agreement (hereinafter referred to) and
disbursement of the proceeds of this Note from the Construction
Fund is subject to the terms and conditions of a Construction
Loan Agreement of even date herewith among the Lender, the City
and the Borrower (the "Construction Loan Agreement ") .
6. The Holder may extend the times of payments of
interest and /or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date, to
the extent permitted by law, without notice to or consent of
any party liable hereon and without releasing any such party.
However, in no event may the Final Maturity Date be extended
beyond thirty (30) years from the date hereof 4i
7. The Borrower may prepay the Principal Balance in
whole or in part in increments of $100,000 on the first day of
any month upon at least 30 days advance written notice to the
Holder (or such lesser period of notice as the Holder may
approve) and upon payment of an amount equal to the principal
amount being so prepaid, plus accrued interest hereon to the
date of prepayment, plus the prepayment premium calculated in
accordance with paragraph 8 hereof. This Note is also subject
to mandatory prepayment in whole or in part pursuant to Section
3.1 of the Construction Loan Agreement in the amount of any
sums
theremainiomlNngg , ion
in the Proceeds Account of the Construction Fund
at C p Date (as such terms are defined in the
Construction Loan Agreement) , in which event a pre, payment
premium shall also be payable in accordance with paragraph 8
hereof, and the time of such prepayment may not be extended
pursuant to paragraph 6 hereof. Upon the occurrence of certain
Events of Default" under the Construction Loan Agreement, the
Loan Agreement and /or under the Mortgage, and as provided in
10
paragraph 12 hereof,. the Holder may declare the Principal
Balance and accrued interest on this Note to be immediately due
and payable (any such action and any similar action pursuant to
paragraph 1(c) (ii) hereof being hereinafter referred to as an
acceleration" of this Note) , in which event a prepayment
premium shall also be payable in accordance with paragraph 8
hereof.
Upon the occurrence of certain events of damage,
destruction or condemnation, the Holder may, as provided in the
Mortgage, apply the net proceeds of any insurance or condem-
nation award to the prepayment, in whole or in part, of the
Principal Balance in which event a prepayment premium may be
payable in accordance with paragraph 8 hereof*
This Note may be called for redemption and
prepayment, in whole, at the option of the Holder, on October
i 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 (30) days
advance written notice to the Borrower (or such lesser period
of notice as the Borrower may approve) . The Borrower has the
right under this Note on any Call Date of which the Holder has
given the required notice, in lieu of redemption of this Note,
upon five (5) days advance written notice prior to such Call
Date, to purchase the Note from the Holder or give notice to
the Holder that it has secured a purchaser for the Note ,§ The
Holder agrees, in lieu of redemption of this Note 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 prior
to October 1, 1987 or acceleration of this Note occurring prior
to October 1, 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-
withstandingg the foregoing, no such prepayment premium shall be
payable with respect to a prepayment made at the option of the
Holder pursuant to Article Five of the Mortgage or Section 5.02
of the Loan Agreement, unless an Event of Default had occurred
under the Loan Agreement, Construction Loan Agreement or the
mortgagee and remains uncured at the time such prepayment is9
made.
11
J
r
b) If at the time of any prepayment/or
acceleration of this Note, occurring prior to 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 prepayment or
acceleration, is less than t the Borrower shall pay a
premium calculated. as follows: (a) the amount of principal so
prepaid shall be multiplied by (i) the amount by which %
exceeds the Government Yield as of the date of prepayment or
acceleration, times (ii) a fraction, the numerator of which is
the number of days remaining to October 1, 1992 and the
denominator of which is 360, (b) the resulting product shall
then be divided by the number of whole months then remaining to
October 1, 1992 yielding a quotient (the "Quotient "), (c) the
amount of the prepayment premium payable-under this paragraph
shall be the present value on the date of prepayment or
acceleration (using the Government Yield as of the date of
prepayment or acceleration as the discount factor) of a stream
of equal monthly payments in number equal to the number of
whole months remaining to October 1, 1992, with the amount of
each such hypothetical monthly payment equal to the Quotient
and with the first payment payable on the date of prepayment or
acceleration. Notwithstanding the foregoing, no such
prepayment premium shall be payable with respect to a
prepayment made at the option of the Holder pursuant 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, this Note is transfer-
able upon the books of the City at the office of the City
Manager by the Holder in person or by his agent duly authorized
in writing, at the Holder's expense, upon surrender hereof
together with a written instrument of transfer satisfactory to
the City Clerk duly executed by the Holder or his duly
authorized agent* Upon such transfer the City Clerk will note
the date of registration and the name and address of the new
registered Holder in the registration blank appearing below.
12
The City may deem and treat the person in whose name the Note
is last registered upon the books of the City with such
registration noted on the Note, as the absolute owner hereof,
whether or not overdue, for the purpose of receiving payment of
or on the account of the Principal Balance, redemption price or
interest and for all other purposes, and all such payments so
made to the Holder or upon his order shall be valid and
effective to satisfy and discharge the liability upon the Note
to the extent of the sum or sums so paid, and the City shall
not be affected by any notice to the contrary*
11. This Note and interest hereon and any premium due
hereunder are payable solely from the revenues and proceeds
under the Loan Agreement pledged to the payment thereof
pursuant to the Pledge Agreement, except as the same may
otherwise be payable in accordance with, the Mortgage, the
Guaranty and the Assignment of Rents and Leases, and do not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation, are not payable from or
a charge upon any funds other than the revenues and proceeds
pledged to the payment thereof, and do not give rise to a
pecuniary liability of the City or, to the extent permitted by
law, of any of its officers, agents or employees, and no holder
of this Note shall ever have the right to compel any exercise
of the taxing power of the City to pay this Note or the
interest thereon, or to enforce payment thereof against any
property of the City, and this Note does not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City, and the agreement of the City to perform
or cause the performance of the covenants and other provisions
herein referred to shall be subject at all times to the
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof .
12. It is agreed that time is of the essence of this
Note . If the City defaults in the payment when due of any
installment of principal or interest or any premium or penalty
due hereunder and if said default shall have continued for a
period of five (5) days, or if an Event of Default shall occur
as set forth in the Mortgage, the Construction Loan Agreement
or the Loan Agreement, then the Holder shall have the right and
option to declare the Principal Balance, and accrued interest
thereon, together with the premium, if any, payable under
paragraph 8 hereof, immediately due and payable but solely from
the sources specified in paragraph 11 hereof. Failure to
exercise such option at any time shall not constitute a waiver
of the right to exercise the same at any subsequent time.
13
13. The remedies of the Holder, as provided herein
and in the Mortgage, the Assignment of Rents and Leases., the
Guaranty, the Loan Agreement and the Construction Loan
Agreement, are not exclusive and shall be cumulative and
concurrent and may be pursued singly, successively or together,
at the sole discretion of the Holder, and may be exercised as
often as occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no event be
construed as a waiver or release thereof.
14. The Holder shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such.waiver is in writing and signed
by the Holder, and then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waimer
of any right or remedy as to a subsequent event.
IT IS HEREBY CERTIFIED AND RECITED that all condi-
tions, acts and things required to exist, happen and be perform-
ed precedent to or in the issuance of this Note do exist, have
happened and have been performed in regular and due form as
required by law.
14
IN WITNESS WHEREOF, the City has caused this Note to
be du1 Y executed in its name by the manual signatures of the
Mayor, City Clerk, and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated
1982.
CITY OF MAPLEWOOD, MINNESOTA
Mayor
ATTEST:
City Clerk
SEAL)
15
PROVISIONS AS TO REGISTRATION
The ownership of th unpaid Princip Balance of this
Note and the interest accruin thereon is re on the
books of the Cit of Maplewood, Minnesota, in the name of the
holder last noted below.
Date of Name and address Si of Cit
Re Re Owner Clerk
First National Bank of
Minneapolis
First Bank Place East
Minneapolis, MN 55480
16
2 -2. The Note.
The Note shall be dated as of 'the date of del ivery
an P Ydshallbepayable at the times and in the manner, shall bear
interest at the rate, and shall be subject to such other terms
and conditions as are set forth therein.
2 -3. Execution.
The Note shall be executed on behalf of the City by
signaturesnatures o f its Mayor, City Clerk and shall be sealedtheg
with the seal of the City. In case any officer whose signature
appear on the Note shall cease to be. such officer before
shall pp nevertheless be
the delivery of the Notre, such signature shall neve
valid and sufficient for all purposes, the same as if he had
remained in office until delivery. In the event of the absence
or disability Ybilitofthe. Mayor or the City Clerk or such officers
o f the City
i
as, in the opinion of the City Attorney, may act n
their be ,half shall without further act or authorization of the
city Council execute and deliver the Notes
2 -4. Delivery of Note
The offer of the Lender to purchase the Note upon the
terms recited herein and in the Loan Agreement, at a price
equal to the total principal amount of the Note, is found to be
reasonable and advantageous to the City and is accepted.
B Yeforedeliver of the Note there shall be filed with
the Lender the following items:
1) an executed copy of each of the following documents:
A) the Loan Agreement;
B) the Pledge Agreement;
C) the Mortgage;
D) the Assignment of Rents and Leases;
E) the Construction Loan Agreement;
F) the Guaranty; and
G) a cost certificate signed by the Borrower
certifying the use of the proceeds of the Note.
Y g
17
2) an opinion of Counsel for the Borrower in scope and
substance satisfactory. to Bond Counsel and Lender as to the
authority of the Borrower to enter into the transaction and
other related matters;
3) the opinion of Bond Counsel as to the validity and
tax exempt status of the Note;
4) such other documents and opinions as Bond Counsel may
reasonably require for purposes.of rendering its opinion
required in subsection (3) above or that the Lender may require
for the closing.
2 -5. Disposition of Note Proceeds
There is hereby established with the Lender a
Construction Fund to be held by the Title as a separate fund of
the City as provided in the Construction Loan Agreement, Upon
delivery of the Note, the proceeds of the Note shall be
credited to the Proceeds Account of the Construction Fund held
by the Lender on behalf of the City, at which time the entire
principal amount of the Note shall be deemed advancedW The
Lender and or the title insurance company identified in the
Construction Loan Agreement shall, on behalf of the City,
disburse funds for the payment of Project Costs upon receipt of
such supporting documentation as the Lender or such title
insurance company may deem reasonably. necessary, including com-
pliance with the provisions of the Construction Loan Agreement.
The Lender, said title insurance company, or the Borrower shall
provide the City upon request, with .a full accounting of all
funds disbursed for Project Costs.
2-6. Registration of Transfer
The City will cause to be kept at the of f ice of the
City Clerk a Note Register in which, subject to such reasonable
regulations as it may prescribe, the City shall provide for the
registration of transfers of ownership of the Note. The Note
shall be transferable upon the Note Register by the Lender in
person or by its agent duly authorized in writing, upon surrend-
er of the Note together with a written instrument of transfer
satisfactory to the City Clerk duly executed by the Lender or
its duly authorized agent, Upon such transfer the City Clerk
shall note the date of registration and the name and address of
the new Lender in the Note Register and in the registration
blank appearing on the Note*
W
2 -7. Mutilated, Lost or Destroyed Note
In case any Note issued hereunder shall become muti-
1 ated or be destroyed or lost , the City shall., if not then
prohibited by law, cause to be executed and delivered, a new
Note of like outstandin g principal amount, number and tenor in
exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note
destroyed or lost, upon the Lender's paying the reasonable
expenses and charges of the City in connection therewith, and
in. the case of a Note destroyed or lost, the filing with the
City of evidence satisfactory to the City that such Note was
destroyed or lost, and furnishing the City with indemnity
satisfactory to it. If the mutilated, destroyed or lost Note
has already matured or been called for redemption in accordance
with its terms it shall not be necessary to issue a new Note
prior to payment.
2 -8. ownership of Note
The City may deem and treat the person in whose name
the Note is last registered in the Note Register and by nota-
tion on the Note whether or not such Note shall be overdue, as
the absolute owner of such Note for the purpose of receiving
of or on account of the Principal Balance, redemptionpayment .
price or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the contrary
19
ARTICLE THREE
PREPAYMENT OF NOTE BEFORE MATURITY
3 -1. Prepayment
The Note may be prepaid in accordance with the provi-
siotis of the Note.
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ARTICLE FOUR
GENERAL COVENANTS
4 -1. Payment of Principal and Interest
The City covenants that it will promptly pay or cause
to be paid the principal of and interest on the Note at the
place, on the dates, from the source and in the manner provided
herein and in the Note. The principal and interest are payable
solely from and secured by revenues and proceeds derived from
the Loan Agreement, the Pledge Agreement, the Mortgage, the
Construction Loan Agreement the Guaranty and the Assignment of
Rents and Leases, which revenues and proceeds are hereby
specifically pledged to the payment thereof in the manner andpY
to the extent specified in the Note, the Loan Agreement, the
Pledge Agreement, the Construction Loan Agreement, the
Guaranty, the Mortgage and the Assignment of Rents and Leases;
and nothing in the Note or in this Resolution shall be
considered as assigning, pledging or otherwise encumbering any
other funds or assets of the City.
4 -2 Performance of and Authority for Covenants*
The City covenants that it will faithfully perform at
all times an and all of its covenants, undertakings, ngs , stipul a-
tions and provisions contained in this Resolution, in the Note
executed, authenticated and delivered hereunder and in all
proceedings of the City Council pertaining thereto; that it is
duly authorized under the Constitution and laws of the State of
Minnesota _including particularly and without limitation the
Act, to issue the Note authorized hereby, pledge the revenues
and assign the Loan Agreement in the manner and to the extent
set forth in this Resolution, the Note and the Loan Agreement
and Pledge Agreement; that all action on its part for the
issuance of the Note and for the execution and delivery thereof
has been duly and effectively taken; and that the Note in the
hands of the Lender is and will be a valid and enforceable
obligation of the City according to the terms thereof*
4 -3. Performance of Covenants
The City agrees to enforce all covenants and
obligations of the Borrower under the Loan Agreement and
Construction Loan Agreement, and to perform all covenants and
21
other provisions pertaining to the City contained in the Note,
the Loan Agreement and the Construction Loan Agreement and
subject to Section 4-4*
4 -4. Nature of Security
Notwithstanding anything contained in the Note, the
Mortgage, the Assignment of Rents and Leases, the Loan Agree-
ment the Pledge Agreement or any other document referred to in
Section 2--4 to the contrary, under the provisions . of the Act
the Note may not be payable from or be a charge upon any funds
of the City other than the revenues and proceeds pledged to the
payment thereof , nor shall the City be subject to any liability
thereon, nor shall the Note otherwise contribute or give rise
to a pecuniary liability of the City or, to the extent
permitted by law, any of the City's officers, employees and
agents . No holder of the Note shall ever have the right to
compel any exercise of the taxing power of the City to pay the
Note or the interest thereon, or to enforce payment thereof
against any property of the City; and the Note shall not
constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the City and the Note shall not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation; but nothing in the Act
impairs the rights of the Lender to enforce the covenants made
for the security thereof as provided in this Resolution, the
Loan Agreement, the Pledge Agreement, the Mortgage, the
Assignment of Rents and Leases, the Construction Loan
Agreement, the Guaranty and the Act, and by authority of the
Act the City has made the covenants and agreements herein for
the benefit of the Lender; provided that in any event, the
agreement of the City to perform the covenants and other
provisions contained in the Note, the Loan Agreement, the
Pledge Agreement and the Construction Loan Agreement shall be
subject at all times to the availability of revenues under the
Loan Agreement sufficient to pay all costs of such performance,
and the City shall not be subject to any personal or pecuniary
liability thereon.
22
ARTICLE FIVE
MISCELLANEOUS
5 -1. Severabili .
If any provision of this Resolution shall be held or
deemed to be or shall , in fact, be inoperative or unenforceable
as applied in an articular case in any jurisdiction or juris-
dictions or in all jurisdictions or in all cases because it
conflicts Yctswithan provisions of.any constitution or statute or
rule or P ublic policy, or for any other reason, such circum-
i
stances shall not have the effect of rendering the provision n
question inoperative or unenforceable in any other case or
circumstance, or of rendering any other provision or provisions
herein contained invalid, inoperative, or unenforceable to. any
extent whatever. The invalidity of any one or more phrases,
nces clauses or paragraphs in tPsentehis Resolution contained
shall not affect the remaining portion s 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 yvalidit of the Note* All such certified copies, certif i-
cater and affidavits, including any heretofore furnished, shall
constitute recitals of the City as to the correctness of all
statements contained therein.
5 -3. Registration of Resolution.
The City Clerk is authorized and directed to cause a
copy of this Resolution to be filed with the County Auditor of
Ramse y YCount , ' and to obtain from said County Auditor a
cer ti f icate that the Note as a bond of the City has been duly
entered upon his bond register.
5 -4. Authorization to Execute Agreements.
The forms of the proposed Loan Agreement, the Pledge
Agreement and the Construction Loan Agreement are hereby
approved in substantially the form presented to the City
Council, gtogether with such additional details therein as may
be necessary and appropriate and such modifications thereof,
23
deletions therefrom and additions thereto as may be necessary
and appropriateroriate and approved by Bond Counsel prior to the
execution of the documents. The Mayor and the City Clerk of
the City are authorized to execute the Loan Agreement, the
Pledge gA reement, 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 Notes . In the event of the absence or
disability yoroftheMa or City lerk such officers of the CityY
as, in the opinion of the City Attorney, may act in their
behalf,shall without further act or authorization of the City
Council do all things and execute all instruments and documents
requiredired to be done or executed by such absent or disabled
officers. The execution of any instrument by the appropriate
officer or officers of the City herein authorized shall be
conclusive evidence of the approval of such documents in
accordance with the terms hereof .
Adopted:19820
Mayor of the City of Maplewood
Attest:
City Clerk
24
J
t
i
MEMORANDUM
TO: City Manager
FROM:Director of Communi Development Action by oa
SUBJECT: Rezoning
LOCATION: 2669 and 2677 E. 7th St. E-n d or SC,
APPLICANT: City of Maplewood`. f - --
OWNERS: William Basler (26.69 E. 7th St.)
Robert Basler (2677 E. 7th St.)
DATE: August 25, 1982
SUMMARY OF THE PROPOSAL
Re uest
Rezone the two lots -from M -1, light manufacturing to R -1, residence district
single dwelling ).
Proposed Land Use
Both lots are occupieded with sin 1 e dwellings . No further development is
p 9
proposed.
CONCLUSION
Comments
The cit y initiated this rezoning as part of its "downzoni ng" program. Thi s
is where the zoning allows a greater intensity of land use than is proposed
by the city 1 and use plan.
These two lots were rezoned to M -1 for a small shop at 2669 E. Seventh Street
i n 1961. The shop burned and was not replaced. The owner is now in a nursing
home. Because of the M -1 zone, the existing homes are non - conforming uses
and cannot expand without a special use permit. Rezoning to R -1 would resolve
this problem.
Recommendation
Approval of the enclosed resolution rezoning the two lots from M -1 to R -1.
BACKGROUND
Site Description
Acreage: 1.37 acres
Existing land use: two single dwellings
Surrounding Land Uses
Northerly and Easterly: single dwellings
Southerly: Union Cemetery
Westerly : Maplewood Nature Center
Past Actions
5 -4 -61: Council rezoned the site from R -1 to M -1.
Planning
gLandUsePlandesignation: RL residential lower density
Zoning: M -1
ADMINISTRATIVE
Procedure
1. Planning Commission -- recommendation
2. City Council- -1st reading
3. City Council--2nd reading (requires at least four votes for adoption)
Enclosures
location map
property line map
Beaver Lake Land Use Plan
resolution
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19-21
P
RESOLUTION NO.
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVAL OF A ZONE CHANGE _
WHEREAS, a rezoning procedure has been initiated by the city council
for a zone change from M -1, light manufacturing to R -1, residence district
single dwelling) for the following described property:
lots 19 and 20 block 4, Midvale Acres
Such above property being also known and numbered as Number 2669 and 26.77
E. Seventh Street, Maplewood, Ramsey County, Minnesota;
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 20th day of September,
1982, at which time said Planning Commission recommended to the
City Council that said rezone procedure be approved;
z
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 con -
sidered 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 rezoning is consistent with the Land Use Plan.
2. The property is used for single dwellings,, rather than light manu-
facturing.
Adopted this ` day of 1982.
Mayo r
ATTEST: Manager
City Clerk
I
a '44
ONO
D. Rezoning: 2669 -and 2677 E. 7th Street
Secretary Olson said the proposal is to down zone from M -1 to R-1.
The. owners of the property were not present at the meeting. No other
commehts were received.
Commissioner Fischer mov the Plan Commission recommend to_ the
j_ty Council approval of the propose zone chang re for - 266 - 9 - and
2677 E. 7th stre fr M -1 to R - 1.
Commissioner Whitcomb seconded Ayes- -Commi ssi oners Axdahl ; Barrett,
El l efson,* Fischer, Hejny, Howard, Ki shel , 'Prew, Sletten, Whitcomb.
A
MEMORANDUM
TO City Manager
FROM: Associate Pl anner -- Johnson
SUBJECT: : Code Amendment: - BC (M) District
APPLICANT: City Council
DATE: August 30, 1982
INTRODUCTION
EndorE~c
Dat_ C.. : ..i...w.....- .w.«..r >- tee±-- T,...,t. -..,,. o. .. .
Re nest
Ame nd the Commercial _ Modified zone to exclude restaurants and
BC(M) Business
places of amusement, recreation or assembly, other t han a theater.
Reasons
recreation orientated businesses .
Council believes restaurants and .
al than is desirable when abutting
recr
s generate
residential
nuisance potentialmoretrafficandnutsp
uses.
Objections
h single dwelling residential
rict BC (M) zone uses to those compatible wit
1. Rest ( }
IL development.
than necessary to protect our assessments.
2. Avoid being any more restrictive
CONCLUSION
Analysis
continue to be permitted in the
Certainn restaurant and recreation uses should
B C(M) zone.
would have the appearance of a typical
Where a restaurant or recreation facilityity w to
i t should be permitted, subject to restrictions
office or retail structure,
co bi 1 i ty with adjacent residential property.
ensure
Carlton Racquet Ball Club and Chester's
s such as the Europe q
Structure an Health Spa, Carl
sidential uses than would be a walk -
Restaurant are no less compatible with re
zone.
presentlytheaterormotel., both of which are presen y erm1tted uses in the BC(M) p
he ordinance to indicate that restrictions
An intent secti should be added to t locati o r
t limited to,building height, parking lot
may b imposed on,but no
lus the newly proposed set-
s n of building .entrances. Th restrictions,p
usesTocatosetbackwithscreeningfarcommercial
back ordinance requiring a fifty -foot se
tin
residential s *
butting uses .
adjacent to uses, would ensure compatibility with
eliminate ambiguous chusterms, su
definition of restaurant should be revised to
leThedeand "customarily developed as a. sing
as "heavily oriented to the automobile" franchises
se terms were intended to prohibit restaurant
purpose building. The
patrons were served food in their
such as the 1960's style A & W restaurants, p
automobiles.
The resent interpretationon of these terms is to prohibit restaurants with drive-in
p ' 980 the Ramsey County District Court felt that
order facilities* ' However, i n 1
include most all types . of restaurants being that it was so ,
the definitnition could
Vague.
hou d be retained
gue. The City attorney recommends that restaurant uses s
n the BC(M) gone to support yrttheCity's ' s case to uphold the assessments for Beam
Avenue.
Recommendation
to clarifyf the type of restaurant and
Approve the enclosed ordin amendment ,y i ed zoningPpwouldbeprohibitedfrombusinesscommercial -modif 9
recreation uses that wou p
districts.
2
REFERENCE INFORMAION
Existing Zonin Code Provisio
and -laces of amusement, recreation
1. Section 907.050 (2) allows restaurants a • p _
assembly, other than a theater, by special use permit. -or y
specificallyl prohibi drive-in restaurants and drive-in
Section 907.050 (3) spec y
theaters..
drive-in ants as: "restaurants , due to their
3. Section 907.050 (4) definesnes dri ve i n resta ur
related activity patterns, or similar factors, as having
particular nature,
the potential for creating special problems. Restaurants which are heavil
a which customarilyefortheircliental , restaurantsorientedtotheautomo designed and con -
singlee r ose buildings or buildings physically • g •
ew todevelop9 upurposeP particularar revs
structed to provide specialized indentification p
with existing and proposed uses proper relationship to
assure compatibility g
area trafficc and access systems, compatibility with the c ommunit 's Compre-
hensive Plan and to a , P
y
void where ossi bl e, problems of potential subsequent
use of the property and its improvements."
Past Actions
zoning code to establish the BC(M)zoning district.
3- 11 -76: Council amended the z 9
nue between
created specifically for the area south of Beam Ave ,
This di stri -ct was c
Hazelwood and White Bear Avenues.) The purpose was to allow a wide variety of
s that are heavily oriented to the automobile
commercial uses, while prohibiting u se
and therefore, not compatible with adjacent homes.
change from F -Farm residence to BC {P-7 }Business
5- 25 -76: Council approved the zone c g
Commercialal - Viodi f i ed, for the property south of Beam Avenue*
a special use permit to locate a Pizza Time Theater
8 -20 -8i : Council approved P
zoningrestaurantinthe . BC (r) 9 district, south of Beam Avenue (Hirschfield'
Building) subject to condi ti ons .
specialal use permi in the BC -M zoning
9- 17 -81: a. Council enacted a moratorium on p P
districtit for - a period of up to one year or until the Planning
Commission makes a recommendation.
the 8 -20 -81 special use permit approval for Pizza
b. Council. recinded P est for
Time Theater. (The applicant had asked that their requ
reconsideration be withdrawn.)
Lec al
for Beam Avenue, the City Attorney recommends
Due to pending assessment appeals
that
o south side
further restrict the uses to which property on the
tyre City Council not fu • existing restrictions
e can be put, but rather specifical define the e g • •
of .Beam Avenue P
uses ) so as to relieveieve any doubt for ambiguityty as
on restaurants and recreation oriented to the
e of uses prohibited. ted. Making reference to 'heavilyly •to the type P
ons envisioned i n the early
automobi 1 e' i s too inclusive. The fast -food operat
1970's are no longer marketed or franchised."
3 -
El
ADMINISTRATIVE
Procedure
1. Planning Commission Recommendation =
2. City Council
a. First reading (requires a simple majority for approval)
Second reading and final adoption (requires at least four votes for
be
approval)
mb
4 -
ORDINANCE N0.
An Ordinance Amending Chapter 907
Maplewood Muni cipal Code Relati to
Restaurant and Recreation Uses
BE IT ORDAINED BY THE CITY OF MAPLE4JOOD AS FOLLOWS:
Section 7. Section 907.050 is amended to read as follows (language crossed
out is to be deleted, language underlined is to be added):
1. INTENT. The BC M) ,Business Commercial-Modified District is
untended to provide for the order l transitio between more
and low medium densi t resi denti al
intensive commercial uses a
areas.Restrictions on , but not 1 i mi ted to , building he ht , setbacks
lot location, on, or loc of buil norentaton, parking - -
entrances ma be re ui red to ensure com ati bi l i ty with abutt in
residential uses*
i l di n may be erected or used, and a lot
2 . USE REGULATIONS. Abu g Y
may be used or occupied, for any of the following purposes, and
no other:
Retail Store • professionalonal admi ni strati ve offices; bank or
a. Ret
savings and loan; personal service, craftsmen's sho
9 p,
mortuary
b. Hotel or motel
c. Theater; - walk - }e Walk-in theatre
d. Job printing shop
e.Bakery or candy shop producing goods for err- -f'efrH-6-& on- premises
retail sa ;e- sa_ es •
A n y use of the same general character as any of the above
f.
permitted uses as determined by the City Council, provided
that no u s e which is noxious or hazardous shall be permitted.
2 3. The fol l owi nq uses when authori zed by the }awfu ;- geyernueg -belly
City Council by means of a special use permit:
uses permitted in R -3 ResudeeEe- 14 ti pl e Dwelling Di stri cts,
a. All u p .
except the construction of dwe4l}eg- houses permitted in 984,R -1
and 905, R -2 districts
b. Laundromat or similar automatic self - service Taundry
c ,Restaurant where there are no drive-up order windows or serv n
of food to patrons i n their automobiles.
d. Place of amusement, recreation, or assembly, other than a theater,
where there are no outdoor activities.
3- 4. Prohibited uses:
a. Drive-in theaters or drive-in restaurants
b. Commercial or fee parking lots where such use is the only use of
a given parcel or where such use provides for general rather than
specific use parking.
4- 5. Definiti
a4 Drive -in restaurant. The- £ +ty- £eune}l- hereby - }eds that eertain
restaur ants - due- te - the4r- part4ealar- nature; re4 aet patterns s
er- s4H41ar- f aetor9 have- the- patent4a4- der- ereat4eg spee pre6;eHis
Restauraets- wh4eh- are- heaY4ly -e r4eeted -te- the- a uteffieb4 ;e- fer -the4r
e ;4ental restaurants- wh4eh- eusteFflar4 ;y- deve ;ep s ;e purpese - bu } ;dregs
er -bu } jd4ngs- phys4ea ;Iy- des} geed- ayd- eeestrue te prei spee
4teet}feat}ee -re acre -part 4 eular - rev }ew - assure eeflipat - w } th -
ex49 t4 ng - and- prepesed uses; - peeper- re ;at4eesh4p - te - area traff - and
aeeess -s steHis ; - eefpat b}l *ty -w4th- the- ee,ifue}ty= s- £efprebees4ye - Rlapy .
and- te- ave4d where pess4ble ,- preb ;efs- ef peteet}a ; subsequent use - ef
rethe- erty- and- 4ts- 4fprevefeets. A restaurant with a drive- u orderpp
w or serving of food to patrons in their automobiles*
Section 2. This ordinance shall take effect upon its passage and publication.
Passed by the City Council of the
City of Maplewood, Minnesota, this
day of 5 19 -
Mayor
ATTEST:
Clerk
G. Code Amemdment--BC (M) District. i
Secretary Olson said the proposal is to amend the BC (MI district to exclude
r
restaurants and places of amusement, recreation or assembly, other than 'a
theater.
Chairman Axda hl asked if there was anyone present who wished to comment on
the proposal.
Norman Anderson, 1 603 Frost Avenue, said when the BC (M) district was
established, the prime concern was restaurants abutting residential property.
The cooking -odors from restaurants are objectionable to people living by
them. He asked if the Com-aission could possibly suggest an amendment that
would prohibit restaurants completely from BC (M) districts.
The Commission suggested additional restrictions for setbacks, regulations
to have restaurants install filtering equipment .
Commissioner Whitcomb moved the Pl a nn i ng Commiss recom t the
Ci ty_Counci 1 approval_ of the ordinance amendment to clarify the type of
re-sta u.rant.4nd_ recreation uses that would be_proh bi ted from Bu
Con, nmer_c_i alA Modi fi ed) _ zoni ng _ di_stri cts .
s Commissioner Fischer seconded Aves - -Comma ss ioners Axdahi , Barrett,
Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb
9-20-82
4
s
t
MEMORANDUM
TO: City Manager _
FROM: Director of Community Development
SUBJECT: Planning Fees
DATE: October 1, 1982
c ti
Re c, c - }
Dat e
State law requires that planning fees be passed by ordinance. Counci 1 9 ave
first reading to fee increases on September 27, except for the Community
Design Review Board and electronic games. The Community Design Review Board
ordinance is not part of the Zoning Code and, therefore, does not have to be
passed by ordinance. Council should, however, establish a fee.
Recommendation
Approve the enclosed ordinance setting planning application fees and approve
a Community Design Review Board fee of $50.00.
ic
enclosure:
Ordinance
ORDINANCE NO.
PLANNING FEES
Section 1. The Zoning Code of the City of Maplewood is hereby amended 'to
add Chapter
Fees. The following nonrefundable application fees shall
be required:
Zone Change 125.40
Special Use Permit 125.00
Planned Unit Development 125.00
Special Exception 50.00
Comprehensive Plan Amendment 125.00
Variances:
R -1 35.00
all other districts 75.00
Vacations 40.00
Lot Divisions 25.00 for each lot created
Preliminary Plat 5.00 for each lot, with a minimum
of $50.00 and a maximum of $175.00
Home Occupation Permit 35.00 for the initial permit and
10.00 for an annual renewal
Section 2. Section 818.040 (c) of the sign code is amended as follows:
818.040 (c) . Permit Fees: (1) A sign permit fee (except for billboards)
shall be paid in accordance with the following schedule:
Square Feet Fee
1 -10 5.00
11 - 25 10.00
26 - 50 20.00
51 - 100 50.00
over 100 100.00
r
2) The fee for. bi 1 l boards shall be $7.00 for the first five square feet,
plus 40¢ for each additional square foot.
Section 3. This ordinance shall take effect after its passage and
publication.
Passed by the Maplewood City Council on October 4, 19820
Mayor _
Attest:
Clerk Ayes--
Nays--
N,2
1EMOR,4NDUM
u
I
TO: _Ci Manager -
Director of Community Development
SUBJECT: City Council /Planning Commission Study Meeting
DATE: October 1, 1982 -
The City Council , on September 13, deci ded to set a date on October 7 for
a study meeting with the Pl anni ng Commission and Staff to discuss the
proposed environmental protection ordinance and the proposed ordinancePP
regul setbacks to R -1 zones.
Recomme
Set a study meeting for Ocrober 21.
mb