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HomeMy WebLinkAbout1980 11-06 City Council PacketAGENDA Maplewood City Council 7:30 P.M., Thursday, November 6, 1980 Municipal Administration Building Meeting 80 - 25 (A) CALL TO ORDER (.B) ROLL CALL (C) APPROVAL OF MINUTES 1, Minutes 80 -22 (October 2) 2. Minutes 80 -23 (October 9) (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 de- sired, that item will be removed from the Consent Agenda and will be con - sidered separately. 1. Accounts Payable .2. Property Divisions 3. Application for Gambling License: Hill-Murray High School 4. Final Plat: Valleyview Estates 5, Budget Changes: V.E.M. Fund Rent 6. Court Lease: 1981 7. Petition: Utility Improvement- _Ke-ll - -r - -Parkway 8. Petition: Sanitary Sewer - Linwood Avenue 90 Speed Zone Study: Larpenteur Avenue 10. State Aid: Gerva i s Avenue ill Cancellation of Amount Due: County Ditch 17 12. Budget Adjustment: V.E.M. Fund (F) PUBLIC HEARINGS 1. Revenue Note: Datsun Dealership (7:30) 2. Off -Sale Liquor License: 1740 VanDy ke (7:30) 3. Off -Sale Liquor License: MGM Liquor - 1 975 East County Road D (7:45) 4. Preliminary Plat: Ti 1 sen' s Maplewood Heights No. 11 (8:00) 5. Code Amendment: Double Dwellings in R -1 Zones (8:15) 6. Rezoning: 763 N. Century (R -1 to LBC) (8:30) 7. Bodell Liquor License: Revocation (8:45) 8. Rezoning: North of Roselawn, west of Sloan Place (McDonald's) (continuation) (9:00) / Y I i f I (G) AWARD OF BIDS - None (H) UNFINISHED BUSINESS 10 Tax - Exempt Mortgage Note: Carl Racquet Club) 2, Code Amendment: Residential Estate District (I) VISITOR PRESENTATION �- (J) NEW BUSINESS 11 Special Exception: Elm Street and Kohlman Avenue (Lehman) r 2. Date for Joint Meeting with Planning Commission: 30 Petition on McKnight Road 4. George Ostrand: Special Use Permit Discussion 5, Opticom Installati (K) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. (L) ADMINISTRATIVE PRESENTATIONS (M) l _l ADJOURNMENT .r MINUTES OF MAPLEWOOD CITY COUNCIL 7 :30.P.M., Thursday, October 2, 1980 Council Chambers, Municipal Building Meeting No. 80 -25 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7 :30 P.M. by Mayor Greavu. B* ROLL CALL " 7 John C. Greavu, Mayor Present Norman.G. Anderson, Councilman Present Gary.W. Bastian, Councilman Present Frances L. Juker, Counc ilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 80 -21 (August 21,1980) Councilman Anderson moved to approve the Minutes of Meeting No. 80 -21 (August 21., 1980) as submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the.Agenda as amended 1. 5% Limitation on Commercial Revenue Notes 2. Minutes and Council Actions 39 Request from Attorney General 4. McKnight Road 5. Gambling Permit - Hill Murray Seconded by Councilman Bastian. Ayes - all. E. CONSENT AGENDA Council removed Consent Agenda Item 4, 7 and 9 to become Items J 3, 4 and 5. Mayor Gr ea-vu moved, seconded by Councilman Nelson, Ayes - all, to approve Items 1, 2 3 5 6 8 of the Consent Agenda as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check No. 004710 through -Check No 004678 $508,920.31; Check No. 006960 through Check No. 007136 - $98,931.33: Part II - Payroll - Check No. 25598 through Check No. 25731 - $52,010.29) in the amount of $659,86.1.93,' .. 1 _ 10/2 2. Time Extension - Linwood Heights Approved a 90 day time extension for the Linwood Heights Preliminary Plat subject to original conditions. 3. Tax Abatement: City Owned Property Resolution No. 80 -10 -186 .WHEREAS, the City of Maplewood, Minnesota, acquired the above coded property described as follows: Lot One (1), Block Five (5), Crestview, as per attached statement of delinquent assessments pursuant to records in the office of the Director of Property Taxation, Ramsey County, Minnesota. FURTHER, the above described property was acquired by the City of Maplewood from Marvin R. Anderson Construction Company for park expansion purposes. It formerly was owned by J.R. Walker & Sons, Incorporated who conveyed title to Marvin R. Anderson Construction Company by deed dated March 7, 1977. FURTHER, Warranty Deed from Marvin R. Anderson Construction Company to the City of Maplewood was inadverdently missp laced and was not recorded in the office of Ramsey County Recorder. Property was used in 1977 and is presently used.by the City of Maplewood for Park Purposes. �t NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, Minnesota, that the assessments as above recited, identified by the above code number (57 20000 010 05) in the total amounts of $3,217.38 levied for 1978 and $3,051.92 for 1979, Be Abated and Cancelled form the records of the Director of Property Taxation, Ramsey County, Minn- esota, 5. Final Payment: Lif t.Station No. 7 Resolution No. 80 -10 -187 WHEREAS, pursuant to a written contract signed with the City on June 5, 1980, E.F. Jedlicki, Inc. has satisfactorily completed the Remodeling of Lift Station Number 7 in.accordance with such contract; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the wor completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full for the sum of $39,902.00.. 6. No Parking Zone - Frost Avenue Connection - Resolution No. 80- 10 - 187B WHEREAS, the County has, planned the improvement of Frost Avenue Connection from East Shore Drive to Frost Avenue. WHEREAS, the County will be expending County State Aid funds on the improvement of said street; and - 2 - 10/2 WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such County State Aid streets and that approval of the proposed construction as a County State Aid street project must, therefore, be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a County State Aid project in the City, has been determined. NOW,.THEREFORE, IT IS HEREBY RESOLVED, that the City requests the to restrict the parking of motor vehicles on the East side of Frost Avenue Connection from East Shore Drive to Frost Avenue at all times. $. Final Payment - Street Resurfacing Program Resolution No. 80 -10 -188 WHEREAS, pursuant to a written contract signed with the City on August 6, 1980, Hardrives, Inc. has satisfactorily completed the Bituminous Resurfacing Improvement Project 80 -11; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MINNESOTA, the work completed under said contract is hereby accepted and approved; anO 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 contractors receipt in full for the sum of $56,051.88. F. PULBIC HEARINGS 1. Street Vacation - Lark Avenue and Kennard Streets - Ristrom - 7:30 P.M. as Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. and Mrs. Reuben Ristrom to vacate Lark Avenue between Kennard Street and Germain Street and Kennard Street between Cope Avenue and Lark Avenue. The Clerk noted the dates of publication of the hearing notice and stated it was in order. b. Acting Manager Schaller presented the staff report with the recommendation of denial of both street vacations, on the basis that: 1. The vacations have not been shown to be in the public interest; 2. Both streets may be needed for the proposed Cope Avenue park site or private development. C. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend to the City Council denial of both street vacations, as being premature at this time on the basis that: 1. The vacations have not been shown to be in the public interest; .2. Both streets may be needed for the proposed Cope Avenue park site or private development. Commissioner Whitcomb seconded. Ayes 10, Nays - 1 (Commissioner Prew)" .: 3 10/2 a d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr- Jobn Kavanagh, 758 E. 4th Street; (opposes =vacation until the City acquires the property that is under condem- nation)., f. Mayor Greavu closed the public hearing. g. Councilman Nelson moved to deny the re ast of Mr. and Mrs. Reuben Ristrom to vacate Lark Avenue between-Kennard and Germain Streets and Kennard Street between Cope Avenue and Lark Avenue, based on the staff recommendations, Seconded by Councilman Anderson. Ayes -- all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS None. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Housing Code Amendment - Second Reading a. Acting Manager Schaller presented the staff report. I b. Councilperson Juker presented a proposed ordinance pertaining to a single family dwelling housing code. co Councilman Bastian moved to refer the proposed Housing Code to the Housing and Redevelopment Authority for ' review. Seconded by Councilman Nelson. Ayes - all. F. PUBLIC HEARINGS (continued) .2. Alley Vacation - Block 5, Gladstone Addition - 7:45 P.M. a. Mayor Greavu convened. the meeting for a public hearing regarding the request of Thomas Mathisen to vacate alley right of way west of Clarence Street, between Summer and Ripley Avenues. The Clerk noted the dates of publication of the hearing notice and stated it was in order. b. Acting Manager Schaller presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: - 4 - 10/2 "Commissioner Pellish moved the Planning Commission recommend to the City Council vacation of the alley right of way west of Clarence Street between Ripley and Summer Avenues, subject to retention of a foot wide utility easement, located on the east 1/2 of the subject right of way. Approval is based upon the following findings: 1. The alley does not, and is not, proposed to serve a public purpose other than as a corridor for overhead utilities; 2. The right of way has been established as rear yard space by adjacent land owners; 3. It is in the public interest to vacate the subject alley right of way. Commissioner Whitcomb seconded. Ayes all." d. Mayor Greavu called for proponents. The following were heard: Dan Hokinson, 1851 Clarence Street, questioned how the vacated alley property will be divided. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 10 - 189 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the north -south alley right of way proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described alley right of way located in Block. 5, Gladstone Addition to wit: Property abutting alley to be vacated: Lots 1 thru 30, Block 5 Gladstone Addition. WHEREAS, the Maplewood City Council finds that the vacation of the above described alley right of way are in the interest of the public due to changing land uses and obsolete platting. NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described alley right of way be and hereby are, vacated subject to retention of a 10 foot wide utility easement located an east 1/2 of the subject right of way and the City Clerk is hereby directed to prepare a notice of com- pletion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilman Bastian. Ayes - all. J. NEW BUSINESS (continued) 2. Report on Franchise Liquor License Request --5 - 10/2 as Acting Manager Schaller presented the staff report. b. Mr. Gary Gandrud, attorney representing M.G.M. Liquor Warehouse, explained the proposed off -sale liquor license for 1975 E. County Road D. c. Mr. Carmen Sarrack, 1694 Ruth Street, spoke against having a franchised liquor operation in Maplewood. d. No action taken. F. PUBLIC HEARINGS (continued) 3. Rezoning - Century Avenue - Burton - 8 :00 P.M. at Mayor Greavu convened the meeting for a public hearing regarding a request of Mr. Warren V. Burton to . rezone 763 No. Century Avenue from R -1 to BC. The Clerk noted the dates of publication of the hearing notice and stated it was in order. b. Acting Manager Schaller presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved that the Planning Commission recommend to the. City Council approval to rezone the subject property to LBC Limited Business Commercial on the basis that: 1. The rezoning is in compliance with the Land Use Plan; 2. The rezoning would be a continuation of the adjacent commercial property to the south; 3. The applicant has submitted a petition signed by over 51% of the adjacent land owners agreeing to the proposed commercial zoning; 4. The LBC zoning would provide a saf eguard f or the . adj acent residential develop- ment to prevent the construction of a possibly objectionable commercial busin- ess; 5. The City may consider rezoning the property to BC in the future, providing there is a specific development proposal for the site. Commissioner Fischer seconded. Ayes all." 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. Councilman Anderson moved to deny the request of Warren Burton to rezone 763 No. Century from R -1 to BC and to Council to initiate a hear to rezone the property in question from R -1 to LBC, Seconded by Councilman Bastian. Ayes - all. 4. Special Use Permit - Gervais Avenue - Schreier a. Mayor Greavu convened the meeting for a public hearing regarding the request of Richard Schreier for a special use permit to construct a mini - storage warehouse facility with a live in caretaker. The Clerk noted the date of publication for - 6 - 10/2 the hearing notice and stated it is in order. b. Acting Manager Schaller presented the staff report. J c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved that the Planning Commission recommend to the City Council approval of a special use permit for the proposed mini- storage warehouse development, based on the findings that: _ 1. The proposal is consistent with the City's Land Use Plan 2. The development will be compatible with the existing surrounding land uses Approval is conditioned on the building permit being taken out within one year. Upon approval of a building permit the special use permit is valid for the life of the building. Approval is also subject to the conditions as outlined by the Community Design Review Board on September 8, 1980. Commissioner Barrett seconded. Ayes all." d. Mr. Richard Schreier, the applicant, spoke on behalf of the request. He also requested that the Fire Marshal make the decision of where the fire hydrant should be located. e. Mayor Greavu called for proponents or opponents. The following were heard: Mr. John Kavanagh, 758 E. 4th Street, questioned the location and type of building was to be constructed. f. Mayor Greavu closed the public hearing. g. Councilman Bastian introduced the following resolution and moved its ado tion: 80 - 10 - 190 WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the owners of property within 200 feet of the property described as follows: The E 132 feet of the West 305.0 feet of the NW 1/4 of the SW 1/4 of Section 11, Township 29, Range 22 lying loo, of STH 36 (1800 E. Gervais Avenue) which. - been proposed for Special Use Permit. WHEREAS, a public hearing was held on October 2, 1980 at 8:15 P.M. in the City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for Special Use Permit to construct a mini- - storage warehouse facility with a live -in caretaker; and WHEREAS, the City Planning Commission has made its recommendations; and N --7 - 10/2 WHEREAS, it appears for the best interest of the public that said petition be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MA.PLEWOOD, MINNESOTA, that the petition for the above described Special Use Pemrit for construction of a mini- storage warehouse facility with a live in caretaker be granted, subject to all conditions contained in the staff report as follows: 1. The Building Permit be taken out within one year; 2. Upon approval of a building permit, the special use permit is valid for the life of the building; 3. The Fire Hydrant will be located as directed by the Fire Marshal. Seconded by Councilman Nelson. Ayes - all. J. NEW BUSINESS (continued) 3. Final Approval - Metro Self Storage - Highway 36 - Commercial Revenue Note a. Councilman Anderson questioned portions 'on giving f inal approval to the Commercial Revenue Notes for Metro Self Storage. J b. Mayor Greavu introduced the following resolution and moved its ado tion: 80 - 10 - 191 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended: Assignment of Leases and Rents the agreement to be executed by the Borrower assigning all the rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereon; Assignment of the Loan Agreement the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; Bond Counsel the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; - 8 - 10/2 Borrower FED Investments, a Minnesota general partnership consisting of iff Robert G. Davis, Oliver Erickson and Ronald Flanagan, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City the City of Maplewood, Minnesota, its successors and assigns; Construction Loan Agreement the agreement to be executed by the. the Borrower and the Lender, relating to the disbursement and payment -of Project Costs for the acquisition of the Land and the construction and installation of the Improvements; Guaranty the personal guaranty to be executed by Robert G. Davis, Oliver Erickson and Ronald Flanagan, in favor of the Lender; Improvements the structures and other improvements, including any tangible personal property, to be constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications; Land: the real property and any other easements and rights described in Exhibit A attahced to the Loan Agreement; Lender The Midway National Bank of St. Paul, St. Paul, Minnesota, its success- ors 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 Borroweri: including any amendments or supplements thereto made in accordance with its provisions; Mortgage the Mortgage, Security Agreement and Fixture Financing Statement to be executed by the Borrower as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; Note: the $950,000 Commercial Development Revenue Note of 1980 (Metro Self - Storage ' Proj ect) , to be issued by the City pursuant to this Resolution and the Loan Agreement; Note Register the records kept by the City Clerk to provide for the regi.s- tration of transfer of ownership of the Note; Plans and Specifications the plans and specifications for the construction and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Principal Balance so much of the principal sum on the Note as f rom . time to time may have been advanced to or for the benefit of the City and remains unpaid at any time; Project the Land and Improvements as they may at any time exist; - 9 - 10/2 Project Costs the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution this Resolution of the City adopted October 2, 1980, together with any supplement or amendment thereto. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and " here - under" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1 -2. Legal Authorization The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purpose provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Assignment of Loan Agreement, the Note and the Construction Loan Agreement, which documents specify the terms and conditions of the acquisition and financing of the Project; (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce sous 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 thus preserving the economic and human resources needed as a base for pro- viding governmental services and facilities; 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 474005 of the Act, will require the issuance of the Note in the principal amount of $950,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of partially financing the Project; 10 - 10/2 (6) the Note and the interest accruing thereon do not constitute an indebted- ness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit or taxing powers of the City is pledged for the payment of the Note or interest thereon; and (7) The Note is an industrial development bond within the meaning of Section 103(b) of the Internal Revenue Code and is to be issued within the exemption pro- vided under subparagraph (A) of Section 103 (b) (6) of the Code with respect to an issue of $1,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if , and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1 -4. Authorization and Ratification o 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 con- struction and installation of the Project pursuant to the Plans and Speicif ications 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 rej'uired for the con- struction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specif- ications. ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note. The Note issued pursuant .to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be out standing hereunder is expressly limited to $950,000 unless a duplicate Note is issued pursuant to Section 2 -6. The Note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1980 (Metro Self- Storage Project) $950,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ") hereby promises to pay the Midway National Bank of St. Paul, St. Paul, Minnesota (the "Lender "), its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of Nine Hundred Fifty Thousand and no /100 Dollars ($950,000), or so much thereof as may have been ad- --11- 10/2 vanced to or for the benefit of the City and remains unpaid from time to time (the "Principal Balance "), with interest thereon at the rate of eleven percent (11 %) per annum or at such higher rate as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hereof and until the "Amortization Date ", (the first day of the calendar month next succeeding completion of the Project in accordance with the Construction Loan Agreement hereinafter ref erred - to, -:but in any event completion shall be no later than October 31, 1981 unless extended by the Lender), interest shall accrue from and after the date of each and every advance made under this Note and shall be payable on the first day of the calendar month next succeeding the date upon which the first advance is made, and on the first day of each and every month thereafter. (b) From and after the Amortization Date, the Principal Balance shall be amortized on the basis of a 20 year amortiation schedule and shall be paid in 120 equal consecutive monthly installments of $9,806.00 each, payable on the first day of each month commencing on the first day of the calendar month next succeeding the Amortization Date and continuing until the tenth anniversary of the first payment of principal and interest hereunder, on which date the Principal Balance and accrued interest thereon shall be due and payable in full 01 "Final Maturity Y Date "). Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. (c) If the interest on this Note should become subject to federal income taxation pursuant to a "Determination of Taxability" as that term is defined in Section 4.07 of the Loan Agreement hereinafter referred to, and 'the Lender delivers to the Borrower a copy of the notice of the "Determination of Taxability ", the interest rate shall be immediately increased to two and one -half percent (22%) per annum over the yeild on 8 3/8% United States Treasury Bonds of 8/15/00/95, which rate shall be adjusted each month according to the yeild quoted on the first business day of each month by the Chase Manhattan Bank, N.A. (or if such Bank ceases to exist, or ceases to quote such yield, by such other Bank as the Lender shall choose). Each monthly installment thereafter payable shall be adjusted and shall be equal to the amount necessary to amortize the remaining Princcpal Balance with interest at said increased rate on the basis of a twenty year amori- tzation schedule from the date of the first payment of principal and interest hereunder with the final Principal Balance due and payable on the Final Maturity Date; and in addition the Lender shall be entitled to receive an amount equal to the aggregate difference between (i) the monthly payments theretofore made to the Lender on this Note between the "Date of Taxability ", as that term is defined in the Loan Agreement, and the date of receipt by the Borrower of notice of such "Determination of Taxability". and (ii) the monthly payments which would have been made during such period if the increased rate had been in effect throughout such period; all as provided in Section 4.07 of the,.Loan Agreement. 2. In any event, the payments hereunder shall be sufficient to pay all prin- cipal and interest due, as such principal and interest becomes due, and to pay any premium, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 30 day month and a 360 day year, but charged for the actual number of days principal is unpaid. 3. If the Lender should not receive on the first day of any month all of the principal and interest then due on the Note, and if the City should continue to be in arrears through the f if teenth day of such month, then, in addition to all WW 12 - 10/2 other sums due hereunder, the Lender shall be entitled to receive on the sixteenth day of such month a service charge equal to four percent (4.00%) of the delinquent principal and interest. 4. Principal and interest and any premium due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 5. This Note is issuedby the City to provide funds for a Project.; as_ defined in Section 474.02, Subdivision 1, Minnesota Statutes, consisting of the acquisition of real estate, and the construction of a self - storage warehouse facility thereon, pursuant to a Loan Agreement of even date herewith between the City and FED Investments, a Minnesota general partnership consisting of Robert G. Davis, Oliver , Erickson and Ronald Flanagan ( the "Borrower") ( the "Loan Agreement ") , and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on October 2, 1980 (the "Resolution "). 6. This Note is secured by an assignment of the Loan Agreement by the City to the Lender, a 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 Leases and Rents, of event-date herewith, from the Borrower to the Lender (the "Assignment of Leases and Rents ") and by a Personal Guaranty executed by Robert G. Davis, Oliver Erickson and Ronald Flanagan. The disbursement of the of the proceeds of this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewith between the Lender, the City and the Borrower (the "Construction Agreement ") . 7. The Lender may extend the times of payments of interest and /or principal of or any penalty or prrmium due on this Note, including the date'of the Final Maturity Date, 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. 8. This Note may be prepaid at any .time, either in whole or in part, but in case of prepayment of any amount or amounts in any calendar year the total of which exceeds 20% of the original Principal Balance as of the Amortization Date, then there shall also be paid, over and above the interest accrued under the terms of this Note, a premium in an amount equal to the interest for 180 days, at the rate of interest charged on the Note at the time of such prepayment on that portion of such total prepayment which is in excess of 20% of the original Principal Balance. 9. This Note is further subject to prepayment, at any time, without a premium in whv-le or in part, upon the occurrence of certain events of damage, destruction or condemnation of the property secured by the Mortgage, as specified in Section 5.02 of the Loan Agreement and Section 3 -1 of the Resolution, or, at the option of the Lender, within days after the Lender receives a notice of a "Determination of Taxability" as that term is defined in Section 4.07 of the Loan Agreemento 10. The monthly 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. - 13 - 10/2 11. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of the City at the office of the City Clerk, by the Lender in person or by his agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender 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 Lender in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last reg- istered upon the books of the City with the Note is last registered noted the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account, 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 Lender 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. 12. All of the agreements, conditions, coveenants, provisions and stipulations contained in the Resolution, the Mortgage, the Assignment of Leases and Rents, the Loan Agreement and the Construction Loan Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 13. This Note and interest thereon and any penalty or premium due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement, the Mortgage and the Assignment of Leases and Rents, 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 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. 14. It is agreed that time is of the essence of this Note. In the event of failure by the City to pay when due any monthly installment of principal or interest within fifteen (15) days after the due date, or any premium or penalty due hereunder, or if an Event of Default shall occur, as set forth in the Mortgage, the Assignment of Leases and Rents, the Construction Loan Agreement or the Loan Agreement, then the Lender shall have the rifht and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, but solely from sums made available under the Loan Agreement and Mortgage. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 15. The remedies of the Lender, as provided herein and in the Mortgage, the Assignment of Leases and Rents, 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 Lender, 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 - 10/2 16. The Lender 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 Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 17. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance;-'and accord- ingly the Note may not be assigned or transferred in whole or part, nor .may a participation interest in the Note be given pursuant to any participation agreement except in accordance with an applicable exemption from such registration require- ments. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the .issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has cuased this Note to be duly executed in its. name by the manual signatures of the Mayor and the City Clerk and has caused the corporate seal to be affixed hereto, and has cuased this Note to be dated October 2, 1980. CITY OF MAPLEWOOD, MINNESOTA Attest: /s/ L ucille E. Aurelius /s/ John C. Greavu City Clerk Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen Bastian and Nelson. Nays - Councilman Anderson. Councilperson Juker abstained. 4. Final Payment - Howard Larpenteur Storm Sewer a. Councilman Anderson questioned if the project was completed and why the price of construction is more than the contract award. Staff explained the cost.differ- ence. b. Councilman Anderson introduced the followin resolution and moved its ado Lion: 80 - 10 - 192A WHEREAS: A. The City Council 'of the City of Maplewood has heretofore ordered made Improvement Project No. 75 -6 and has let a construction contract therefor pursuant to Minnesota Statutes Chapter 429. B. Said construction contract was awarded on a unit price basis for a total contract price of $44,497.50. . C. It is necessary and expedient that said contract be modified so as to - 15 - 10/2 include additional units of work designated as Improvement Project No. 75 -6, Supplemental Agreement #1, at the same unit price at a cost of $2,938.50, which additional amount does not exceed 25% of the original contract price. D. A Supplemental Agreement, attached hereto and incorporated herein by reference, has been presented to the Council for the purpose of effecting such modification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,. MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract with respect to Project No. 75 -6, Supplemental Agreement #1, by executing said Supplemental Agreement. Seconded by Councilman Nelson. Ayes - all. C. Councilman Anderson introduced the following resolution and moved its adoption: 80 - 10- 192B WHEREAS, pursuant to a written contract signed with the City on May 28, 1980, C & H Contracting, Inc. has satisfactorily completed the Howard. and Larpenteur Storm Sewer Improvement Project 75 -6 in accordance with such contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the con- tractor's receipt in full in ' the amount of $12,765.70. Seconded by Councilman Nelson. Ayes - all. 5. Construction Agreement: Frost Avenue Connection - Project 78 -9 a. Acting Manager Schaller presented the staff report. b. Councilman Anderson moved to amend the Frost Avenue Connection agreement to clearly indicate that the City of Maplewood would have complete control of the detache bike path once construction is completed by the County. Seconded by Councilman Bastian. Ayes - all. c. Councilman Anderson introd the fo resolution and moved its adoption: 80 - 10 - 193 WHEREAS, the City Council of the City of Maplewood, Minnesota, on July 3, 1980 approved an amended agreement with the County of Ramsey, Minnesota, concerning the Frost Avenue and East Shore Drive Improvements, City Improvement Project 78 -9; and WHEREAS, the Council now deems it necessary and proper to further amend the agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD$ MINNESOTA 16 _ 10/2 That the City Clerk and the City Manager are henceforth empowered to execute the attached amended agreement. Seconded by Councilman Bastian. Ayes - all.. L. COUNCIL PRESENTATIONS 1. 5% Limitation on Commercial Revenue Notes a. Councilman Nelson moved to reconsider the recent Council action to limit the Commercial Revenue Notes to 5% of the Cit 's assessed valuation. : Seconded by Councilman Anderson. Ayes - all. b. Council instructed the City Attorney to investigate the question as to the Council's responsibility to Commercial Revenue Notes that have had preliminary approval some time ago, but never had final approval. c. Staff will investigate. H. K. 2. Minutes and Council Actions a. Councilman Anderson stated that the motions reflected in 'the minutes are not. always clear. In the future perhaps the Council could be more detailed in their motions. UNFINISHED BUSINESS (continued) 1. Mr. Frank Yoch, formerly of 1826 Radatz Road .a. Mr. Yoch requested clarification of pending assessments. b. Staff stated a pending assessment was from the time an improvement that would affect the property was ordered by the Council. COUNCIL PRESENTATIONS (continued) 2. Police Reserves - Request from Attorney General a. Mayor Greavu requested an Attorney � General's opinion if reserve officers are covered under Workman's Compensation. 4. McKnight Road a. Mayor Greavu reported on meeting at Maplewood Junior High regarding the McKnight Road improvements. 5. Building Construction Regulations a. Mayor Greavu questioned if when building and using 2 x 4's they have to be 16' on center; if 2 x 6's are used, can they be 24' on center. b. Staff will investigate. l e ADMINISTRATIVE PRESENTATIONS ,1. Gambling Permit - Hill Murray -17- 10/2 a. Acting Manager Schaller presented the staff rpeort. b. Mayor Greavu moved to ap rove the gambling permit as requested by Hill Murra for November 2, 19800 Seconded by Councilman Anderson. Ayes -- all. M. ADJOURNMENT 10:05 P.M. City Clerk 18 - 10/2 i MINUTES OF THE MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, October 9, 1980 Council Chambers, Municipal Building Meeting No. 80 -23 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present Co APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended:` 1. Commissioner Party 2. Welfare Recipients 3. Water Hookups Seconded by Councilman Nelson. Ayes - all. D. CONSENT AGENDA Councilman Anderson moved, seconded by Councilman Nelson, Ayes all, to prove the Consent Agenda Items 1 and'2 as recommended: 1. Certf ication: Delinquent Sewer Rental Accounts Resolution No. 80--10 -194 RESOLVED that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and fire protection charges said list made a part herein, for certification against the tax le vy of said P ro ert owners for the year 1980, collectible in 1981, and which listing P y includes interest at the rate of eight (8%) percent on the total amount for one year. T amount to be certified: $30,432.40. 2. Gambling Permit: Presentation Rosary Society A roved the application from the Presentation Rosary Society for a temporary PP PP gambling permit for October 12, 1980 at Presentation Church. E. PUBLIC HEARINGS 1. 1981 Budget - 7:00 P.M. - 1 - 10/9 r0 i 1 a. Mayor Greavu convened the meeting for a public hearing regarding adoption of the 1981 Budget. The Clerk noted the dates of publication of the hearing notice and stated it was in order. b. Manager Evans presented the proposed 1981 Budget. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. The Fire Chiefs from the Maplewood Fire Departments were in attendance to explain and speak on behalf of their budgets. f . Mayor Greavu closed, the public, hearing. g. The Council went thru the proposed budget item by item. 1. Fire Department Councilperson Juker moved to reduce East County Line Fire Departments Budget by $15, 000.00. erson Juker Council - es Seconded by Councilman Anderson® Ayes P Nays - Mayor Greavu, Councilman Anderson, Bastian and Nelson. 2. Travel and Training Councilman Anderson moved to reduce Account 4390 Travel and Training by $2200.00. Seconded by Councilman Bastian. Ayes - Councilperson Juker, Councilmen Anderson and Bastian. Nays - Mayor Greavu, Councilman Nelson. Councilman Anderson moved to authorize the City Manager to approve all travel and training applications_. Seconded by Councilman Nelson. Ayes Councilperson Juker, Councilmen Anderson and Nelson. Nays - Mayor Greavu, Councilman Bastian. 3. R.C.L. Dues Councilman Bastian m oved to delete the Ramsey County League dues from the 1981 Budget and withdraw rt'from that organization. Seconded by Councilperson Juker. Ayes - all. 4. Overlay Program Councilman Bastian moved to increase the tax leyy to finance the $130 added to the Bituminous Overlay Program Account 4480 not to exceed 90% le limitation. Seconded by Councilman Anderson. Ayes - all. -2 - 10/9 5. 1978 Pontiac Councilperson Juker moved to delete replacement for 1978 Pontiac in the Engineering Department budget. Seconded by Councilman Anderson. Ayes - all. 6. Emergency Preparedness Budget Councilperson Juker moved to eliminate the Emergency Preparedness car from the budget_ and sell it plus decrease the following accounts 4210 - $440.00 4370 - $500.00 4420 - $560.00 Seconded by Councilman Anderson. Ayes - Councilperson Juker and Councilman Anderson. Nays - Mayor Greavu, Councilmen Bastian and Nelson. g. Councilman Nelson introduced the following resolution and moved its ado Lion: 80 -10 -195 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the Budget for 1981 is hereby adopted with the following appropriations for each department and fund: General Fund: General Government $ 97,045 Administrative Services 302,925 Public Safety 2, 290,165 Public Works 1, 093.324 Community Services 649,235 Community Development 237 Non- departmental 295,100 General Fund Total 4,966 Revenue Sharing Fund: General Government 84,620 Public Safety-,. 144,900 Public Works 133 Community Services 1,500 Non- departmental 122,470 a Revenue Sharing Fund Total 487,090 Hydrant Charge Fund; Water Maintenance 54,180 Sewer Fund: Sewage Disposal 1 V.E.M. Fund: Central Equipment Services 367 Park Development Fund: Community Services 132,500 Debt Service Funds 224 - 3 - 10/9 Special Assessment Fund -- Debt Service Accounts 2,700 Total $10 BE IT FURTHER RESOLVED, that all budget changes shall require City Council approval except for budget transfers of up to $1,000 between accounts shall be implemented upon approval by the City Manager. Seconded by Councilman Bastian. Ayes - all.. h. Councilman Nelson introduced the following resolution and moved its adoption: 80 - 10 - 196 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 1980, payable in 1981, upon the taxable property in said City of Maplewood, for the following purposes: General Fund Park Development Fund Bonds and Interest Total Levy $ 2 080 113,960 666,700 $ 3,273,740 2. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shall be used to pay on the appropriate obligations of the City: Description 1961 Sanitary Sewer and Street Improvement Bonds 5 1962 Sanitary Sewer, Water & Street Improvement Bonds 10,000 1962 General Improvement Bonds, Series B 43 1964 Water Improvement Bonds 15,000 1964 Consolidated Improvement Bonds 17,000 1965 Building Bonds 2,287 1965 General Obligation Improvement Bonds 17 1966 General Obligation Improvement Bonds 14 1967 General Obligation Sanitary Sewer Bonds 1 1967 General Obligation Improvement Bonds 7 1968 Improvement Bonds 6 1969 General Obligation Improvement Bonds 3 1970 General Obligation Improvement Bonds 11,000 1972 General Obligation Imp. Bonds - Series 1 1,000 1972 General Obligation Imp. Bonds - Series 2 2 1973 Improvement Bonds 86 1974 Improvement Bonds 40 1975 Improvement Bonds 13 1977 General Obligation Imp. Bonds - Series 2 82 1979 General Obligation Imp. Bonds 10,000 $ 387,187 In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a), (b) , (c) and Chapter 297a and Chapter 162 of Minnesota Statutes, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the amounts above mentioned the tax that would otherwise be included in the rolls 4 _ 10/9 for the year 1980 and collectible in 1981. 39 It has been determined that the following bond issue has insufficient projected assets to meet projected liabilities, as required by State Statute, and the original resolution levying ad- valorem taxes must be increased in the following amount: Description Increase in Levy 1977 General Obligation Improvement Bonds - Series 1 112,900 In accordance with Minnesota Statute 475.61, Subd. 2, the County Auditor of Ramsey County is hereby authorized and directed to increase by the amount above mentioned the tax that would be otherwise included in the rolls for the year 1980 and collectible in 1981. 4. Changes setforth in sections one (1) and (2), above result in a net reduction of $274,287 and are summarized and hereby adopted as Schedule "A ". Such amounts shown are the total amounts to be spread on the rolls in 1980 and collectible in 1981 for each of the bond issues shown, including. the reductions and increases in levy amounts setforth in section one (1) and two (2), above. 5. The City Clerk is hereby authorized and directed to furnish a copy of this resolution to the County Auditor of Ramsey County forthwith. BONDS & INTEREST LEVIES COLLECTIBLE 1981 Prin. Code Per Bond Amt. BOND ISSUES Amount Date No. Register Levied Sanitary Sewer & Street Improvement $ 300M 6/1/71 .509 $ 5 - Sanitary Sewer, Water Imp. & St. Imp. 405M 3/1/62 509 10 - General Improvement Ser. B. 365M 10/1/62 509 43 - Water.Main Extension Improvement 600M 9/15/64 509 15 - Consolidated Improvement 975M 12/1/64 509 17,000 - Municipal Building 175M 5/1/65 301 17 15 General Obligation Improvement 835M 12/1/65 509 17,000 - General Obligation Improvement 750M 12/1/65 509 14 - General Obligation Imp. San. Sewer 645M 7/1/67 503 12 11,000 General Obligation Improvement 450M 12/1/67 504 7,000 - General Obligation Improvement 380M 12,1/68 505 6 - *General Obligation Improvement 1 12/1/69 514 45,000 42,000 * *General Obligation Improvement 605M 12/1/69 521 11,000 - *General Obligation Improvement 1,740M 8/1/71 514 65,000 65,000 State Aid Bonds 540M 8/1/71 302 - - General Obligation Improvement 1,090M 5/1/72 510 20 19,.000 General Obligation Improvement 670M 12/1/72 511 30 28 General Obligation Improvement 2 7/1/73 513 86,700 - .. 5 10/9 * *General Obligation Improvement 1,240M 11/1/74 521 40,000 - 4* *General Obl'gati.on Improvement 1 12/1/75 521 65,000 51,700 * *General Obligation Improvement 1,990M 5/1/76 521 129,300 129,300 General Obligation Improvement 3 4/1/77 519 18 131 General Obligation Public Works Facility 995M 4/1/77 303 75,600 75 2 600 General Obligation Improvement Ser. 2 3 10/1/77 520 82 - General Obligation Bonds - 1979 82.5M 8/1/79 522 - 54 44 Fire Station Bonds 470M 8/1/80 304 54 54 $940 $666 *TAX LEVIES PLEDGED TO REDEEM G.O. REFUNDING IMPROVEMENT BONDS 1974 * *TAX LEVIES PLEDGED TO REDEEM G.O. REFUNDING IMPROVEMENT BONDS 1977 Seconded by Councilman Bastian. Ayes - all. F. COUNCIL PRESENTATIONS 1. Commissioner's Party J . a. Councilperson Juker commented on Council providing a party for the Commissioners. Instructed staff to proceed with plans. 2. Welfare Recipients a. Mayor Greavu commented on a possible ordinance regarding the number of persons or familys living in one dwelling. 3. Water Hook Ups a. Mayor Greavu questioned water hook -ups for the property at Harris and Kennard. b. Staff will investigate. G. ADJOURNMENT 9:36 P.M. City Clerk _ 6 10/9 A C C 0 U A T S P A Y A 8 L E DATE ii- 06 -80 P A GE I C H E CKS A M 0 U N T C L A I. I A N T P U R P 0 S, E DEPOSIT S�mDEPUTY REGIST* 004823 0082*50 V11NN STATE TREASURL K 004824 7750 MINN STATim".* TREASURE"R via ___'STAT`_'D'lL FEES PAYABLE t ,104825 -3 1 2 1 s 50 Mh MUTU LIFE INS CO ---------- CONTRIBUTIONS 9 IN SU5'�*'AN_C_E__ 00 4826 4ip458o73 MN MUTUAL LIFE INS CO A/R INS CONTINUANCE AND — HEALTH INS PAYABLE _ AND —LIFE INS 0 :' D PAYABL E AND - -DENTAL INS PAYABLE AND -CON Tip IBUTIONStINSURA 0 0 827 4 6, 00 RAPSEY CO CLERK OF OIST COUNTY D/L FEES, PAYABLE 004828 16 7 2 0 S8 - -_ _*,'N T ATE" TR*'m.ASURL'R' F"CA PP,PAID EXPENSE - -- ;: AN sCoAs PAYABLE 304829 5E*50 low MINN STATE TRI:ASURER "S PAYABLE L r. t STA F 304830 1 0 3 9 0 0 MINN STATE TREASURER DEPOSIT SwDEPUTY REGISTO 3.04831 100.00 C IoUR C H OF THE RENTAL, PROPERTY I TRANSFIGURATION .304832 125*00 F . R L ­ PiYOR S`MINARS 7 R A_V_E_L__ T R A I N I t4. .1 0 833 364.00 LA DC,:.R INC RPo + MAINTov VEHICLEST, REP. 30483 1 4 129950 MINN STATE. TREASURER STATE D/L FE;,,r.S PAYABLE 13 0 4 8 3 5 5'90 o 91 PINK S- DEPUTY REGISTO , 004836 2 21 7*50 MINN STATUE TREASURER DEPOSIT S— DEPUTY REGIST9 004837 77*50 MINN STATE TREASURER STATE O/L FEES PAYABLE -304838 200981 AFSCMiz,. LOCAL 2725 - ---- - -- - -- -- - - -- U N 1 0 N­D U E S P A Y A B L AND —FAIR SHARE FEES PAY► 00 4 834 4,00 A 3-. 'UNION 'DUES' PAYABLE— ANO-wFAIR SHARE FEES -PAYj r . I T O F M A ;. t w 0 O G - - -- -- —. --- 0 U N T S P A Y A B L t A G - C -- - - - -- _ ._. - -- - -- — - - - - - -- — fl 1E ii— 06-m 80 PAGE - - - - -2 ti - — - --- - -- - CH ECK { A M O U N T C L A I M A N T P U R P O S E -- -- - - - - -- 004840 8 : 607.50 CITY t CTY CREDIT UNION CREDIT UNION DED PAYABLE _ 00 41 _-- _15.00 - -- - - - -- — -- - - - -- . _ _ - - - - - - -- -- FCSEMARY KAhE - - - W A G c D E 0 U C T I 0 N S PAYABLE - 30+842 15,215.76 N '� FED INC OME TAX PAYABLE . _ __._-.-_---- -- - -� -- 048 +3 :, 765 .97 r sTaT� OF ;v MINN INCOME TAX PAYABLE 004 844 E1.�8 COMM OF REVENUE IC �, � R�TY = ErT- CO,P ----- __________ 0EFERRE c CcMP PAYAB LE j 49 1. 75 M� TtaMsTERs LcC AL 320 UNION DUES PAYABLE - -- - - -- 0 0 4 846 5 00.00 S PCS TMA ST �. PREPAID EXPENSE -- - -- - - -- -- 004847 - -- ---- -• - -- - - 15. 00 . _ _ _ M AS T� R- - - -- -- - - -- --------- .- - -• - PCST -_ __ POSTAGE-_. - -- - -- - - - -- . - -_ --- - - - - -- - - -- . _ 30 38 .25 1 T OL COMM METRU MAST_ - - CCN R - - -___ _ -- S •: PAYABLE -- -- ___ - -- - - - - -- -- 304'4 126.00 ,� MINK S TRE STATE D /L FEES PAYABLE - -- - - -- •304850 1,319.70 MINK STAT� THE ASURE 3EPOSITS REGIST. - -- -- -- - - ---. -_ -. - - OD+851 - -- -- - - - -- - - - - _ - -- 39.00 - - -- - - - -- r _... - -` _ PCAMS�Y CTY CONCILIATION PARAMEDI ._ _ - - -- I 0 0 4 85 - 80000 J C S E P N P I T Z L A/R P ARAMED 304853 42.50 �'RK OF DIST RAN,. c u.Y CO CLt COUNTY D/L FEES PAYABLE I X00 4854 20.00 �. - - - T ERI NF RflTH - - - -- A - R - -�.. P - AR A ME D IC_ . 1046 E 5 b 0 0 M S TAT E A T E T H E ASURE R DEPOSIT S DEPUTY REG IS . -- -__ __ -- - - - - -- - - - - -- -- ._ - -- ---- - - - - -- J:D 4856 59.50 MINK STATE TREASURER STATE D/L FEES PAYABLE - - - - - -.`. ----- 10 857 4 - - - -_- - - - -- - _ - -- - - - �.,7b9.03 -- -- - -- - - -- -- -- -M - hN - TAT - TRAS —SU ZAX I - - -- - - - -- - - -- PAY L E ! SURCHARGE TAX D FA - - - -- 0.0 4 8� 8 -- - - -- �. 16 .00 _ - _A T R I -- CIA - - - - M 0 R G — ---�- __ R . E - -- -N - D - - -- AFTER SCHOOL PROGRAMS a 00 4859 -- — __ - 1 b 0. 0 0 M YERS W I LLI AM _ EXTRICATING FEEcS, SERVICE — I IN G INS'TRUC'T 0 R 00 4 860 717.30 • MINN STATE TREASURER 'POSIT S— DEPUTY REGIST. { Dt M�Nh �T �Fc' -- S'TA T E_ _U L FEES - P A Y A B — x 3 a O 0 4861 159.00 C I l Y CF MAPLEWOOD A C C 0 U N T S P A Y A B L E D A T E i i- 06- 8 0 PA GE 3 H E C { A M 0 U N T C L A I M A N T P U R P 0 S E 304862 46*17 JAMES G E.LIAS TRAVEL + TRAINING 0 0 4 863 _7 2 49 86 6 - 0 5 A A (; --- - - c N c 0 4 ST R - WARDED ­CONS T CONTRACTS 004864 44,021*33 C + H C04TRACTING INC AWAROED CONST CONTRACTS 0 0 4 80E 5 105.50 MINN STATE TREASURER STATE O/L FLEES PAYABLE 6.' 10 4 06 T A T E 't R E A -S U RE K - -- 01E P 0 S I T S DE P U T Y R E G I S T 3 0 4 857 IjE59*00 MINN STATE. TREASUR R DE POSIT POSIT S-w DEPUTY REGISTO 00 4 8- 8 78.50 MINN STATE TREASURER STATE D/L FEES PAYABLE 00 0NR­ LIC ENSE'FEES PAYABLE ;104870 lt730996 MN STATE TREASURER- PERA CO RIB UTIONS "P ERA J 0 4 817 1. 3,j'.5 61.03 MN STATE TREASURER-- PERA P*toR*Ao DE.0 PAYABLE AND -CON TRI BUT IONS, PERA 0 04 872 7, 6 0 7.51 M STATE TREASURERwP!*,_'RA P*EoR*Ao DED PAYABLE AND-wCON TRI EUT IONS, PERA 104873 794m50 MINN STATE TREASURER STATE O/L FEES PAYABLE 0 0 __'i 192 7 7.70 -1 N V _'S T A E _T R E -A S-URE R___ i- - DPO SIT S -0 EPU TY" REGI ST. 304875 40s,00 WALTER NIEDEROSKI A/R PARAMEDIC 004876 50*00 UNIVERSITY OF MINNESOTA TRAVEL TRAINING 4 7— _0 T'A_T­ F__M F UEL--+"- 0 IL-- COMM OF TRANSPORTATION TAX 5 5 .00 RA�SEY CO CLERK OF DIST COUNTY D/L FEES PAYABLE 0.04879 5.00 IDAKCTA COUNTY DIST COURT A/R, INSURANCE 0­0 4 - - --------- 8 7 0 -' 9 ­3 0 ­-_------H JN't�__ST AT E____TREA_SUR#w --- FZ DEPOSIT S-DEPUTY REGISTO 004881 72*50 MINN ZS%TATE TREASURER STATE D/L FEES PAYABLE 304882 22*50 B LINE SUPPLIES, PROGRA M .3 b 6 3 f 4 Rl kh __STA_T___E___TR_E_A'S'U_RE_R --DEPOSIT'S 'DEPUTY '- REG-ISTO is F. ,CI OF MAF LE WOOD A C C O U N T S P A Y A B L E CA TIE ii- 06- 80 PA GE 4 ;HECK* A M O U N T C L A I M A N T P U R P 0 S E 004884 102.00 MINN STATE TREASURER STATE D/L FECS PAYABLE 7 0 4 885. . 7 3 0, 8 -- - P C S T M A S T 4 q __ _- - - - -P 0 ST A GE______­___­ MAPLEWOOD IN MOTION J0 4885 140,15 S CONTRACTIN CO IN AW A R CE O CONST CONTRACTS 704887 1,721.20 MINN STATE TREASURER C3EPOSIT S- DEPUTY REGIST. -M I N Ni STATE T R E + S F c E S PAYABLE 3 0 4889 290. AFSCMIE. LOCAL 2 725 UNION DUES PAYABLE -- - - -_ ------ - - - - -- - ANO -FAIR SHARE F E c S - PAY -t 304890 4 5.13 MET SUPE ASSO UNION DUES PAYABLE _ SHARE PEES PAY 0 04 89 1 61 .48 I. CMA RLTIR COR D E.F;.ERREO CCt�P PAYABLE 904892 5, 794.60 STATE OF MN MINN INCOME TAX PAYABLE COMM OF REVENUE � $9 - -__ 1 -5; 37 941 _� SST - - M IDAM'ER'I % _____�____ FED - -- INCOME TAX PAYABLE 004894 8 C + CTY �C REGIT UNION CRED UNION 0E.0 PAYABLE', 304895 145.00 FCSEMAnY KANE WAGE D DUCTIONS PAYABLE --* EtNE" FI T ASSOC — __- _— ___.MBA- - INS PAPA B L E - - - - -- 004897 200.00 HILLCREST MIDAM WA GE OE PA YABLE 004893 109914 WISCONS OPT OF FL VENUE MINN INCOME TAX PAYABLE 4 89 9 -� 1 U ,' , 1. � - - - M �v S T A T t T R - E A S R E R .FI -C ____.. ---- PRE PAID EXPENSE - - - -- A ND -F.I .C. A. PAYABLE 0 0 490 0 _ — 1,+c 2.00 -- --- N - _ ..- AT DEPOSIT S- DEPUTY REGIST: 304901 92000 MINN ST ATE TRE STATE 0/ FEES PAYABL 79 3 80 989.57 NECESSARY E XPENDITURES SINCE: L AST COUNCIL MEETING tT Y C F M P LE WO 0 0 A C C 0 U A T S P A Y A 13 L E DA EM 11.06— 80 PA GE 5 H 'EX K A M 0 U N T C L A I M A N T P U R P 0 S J 0 7 333 18*12 F, PAULINZ. ACAMIS SUPPLIES, PROGRAM 0 O7 *303 29595* b TO- _SERVIC;`_____ ARNALS AU + MAINTo' VEHICLES J 0 7340 358* 02 ARMSTRONG INDUSTRIE'S E QUIPM �w NT OTHER t %-. 307341 32*27 LUCIL.LE-7 AURELIUS SUPPLIE.St OFFICE' COPY OUPLICATING PROD -------- 102*E4 AND — TRAVEL + TRAINING 007342 ----- 87 4.2 JAMES dAHT F'_ EES SERVICE t AND —SUP PLIES, OFFICE HEATING INSPECTIONS 307343 9. 31 RUDY R SARANKO T rl "e" A V iEWL + TRAINING I a 7 3 4 2 4 1 2 BAT T _8 + T H;7 MICA LS___'___­___________'______' 007345 67086 BERG T%)R.'>E.THj INC R;"::Pop-+ MAINT*,t VEHICLES u c, 0 10 7346 54*61 BCARD OF WATER COMM 007347 16*50 6CHN MELDING J -0- 7 34x_ 104*18 BILL 3 Nu f6m t. L r rl r. 1,4 1 It v T OTHER ACQUISITION COSTS - COPE - AVE CONNECTION LAND IMPRkOVEMENT S U P P L 1 S VEHICLE A ND —SUP PLIESq EQUIPMENT SIDE' ENGINtE.RING FEES MAINTCEN ANC E MATERIALS S UB SCRI P T I ON S + M E_ MB:&,-.R SHI P RA V EL'-'--+ T RA I N I N 0THr_2 CONSTRUCTICN COSTS BEAM AVE WEST FEES, SERVICE, WATER COOLER TRAVEL' +_ TRAINING ­­­­­ DUPLICATING COSTS SUPPLIES, OFFICE 1004*0 -----BRAUN __E.NGINEERING­ TESTIN____ 4. .307350 18o9D SRcCEMUS HARDWARE .0 07351 27o60 BUREAU OF BUSINESS lPR'ACT .3 0 7 3.5 2 5 �0' A __C M- AS S 0 07 353 22954 CHAPLIN PUBLISHING .0073564 25.75 'mWA SPRINGS. CO CHIFPM 0­0 7 *3.-,) -- 9 50 4-6 KENNE..Tiq___V c c L,L� s ---_- 507356 22 0.00 COPY OUPLICATING PROD 00 7 357 102*E4 CCPY EQUIPMENT INC. Nu f6m t. L r rl r. 1,4 1 It v T OTHER ACQUISITION COSTS - COPE - AVE CONNECTION LAND IMPRkOVEMENT S U P P L 1 S VEHICLE A ND —SUP PLIESq EQUIPMENT SIDE' ENGINtE.RING FEES MAINTCEN ANC E MATERIALS S UB SCRI P T I ON S + M E_ MB:&,-.R SHI P RA V EL'-'--+ T RA I N I N 0THr_2 CONSTRUCTICN COSTS BEAM AVE WEST FEES, SERVICE, WATER COOLER TRAVEL' +_ TRAINING ­­­­­ DUPLICATING COSTS SUPPLIES, OFFICE Y CITY F MA A C C 0 U 4 T S P A Y A B L E CA 7E Itm 0 6m 80 P A GE 6 CHECK* A M .0 U N T C L A 1 4 A IN T P U R P 0 S E 007358 19*95 CCRN%-.R MARKING CO SUPPLIES, EQUIPMENT - --- SERVICE -- F Et"m S -g ,007357 8030 DAN F FAUST PLBG & SEWER INSPECTION 007360 1,9963*02 EASTMAN KODAK CO DUPLICATING COSTS 307369 3*00 1ST NATL BANK OF ST PAUL -JULY BILLING 10 7 361 19629938 EASTMAN K03AK CO DUPLICATING COSTS 007370 14 .•60 F C REMAN CLARK AUGUST BILLING 6 --1 -H tCO NOMIC SU SCRIPT IONS +M E- MSERSHI i :107363 89244*50 EKBLAD PAR0EE+6c"mWtLL INC INSURANCE & BONDS 0 0 - 3E ��4. � - ' - + - . - A SSO FEES11 C ONSU LT ING-- 0 7 3650 6000 BARRY !�'VANS TAVEL + TRAINING 30736ot" 160*16 FARWELL CZMUN XIRK + CO MAINTENANCE MATERIALS ANOqwSMALL TOOLS ,007357 8030 DAN F FAUST TRAVEL + TRAINING 05 0 0 738 70o 8 7 I G OR F+ C. -JDA _ __- — - -_ _ ____ - -- -- — -- 0 L TH'"R CONSTRUICTIOW DISEASED TREES(MILEAGE) 307369 3*00 1ST NATL BANK OF ST PAUL F._.Sv SERVICE. COUPON -CHARGE------- ' 007370 14 .•60 F C REMAN CLARK UNIFORMS CLOTHING OR '.3` E C 1 A L T Y C G EN 10 s -----EQUIPMENT u PPLlE S 142*18 007372 19 .12 GLAGSTONr L UMBER MART MAINTENANCE MATERIALS rt 007373 3E7,076 G C 0 C Y Em A R SE S T ORE RE.Pe + MAINT9,9 VEHICLES AND - -SUPPLIES, VEHICLE 307374 36975 G C P h up;w R SEAR ING CO SUPPLIES, EQUIPMENT 1 17 GR4-CE -"-'-'S E R V I C E Fr`S9 BUILDING INSPECTIONS 007376 7 'COO ARLINE J HA TRAVrEL + TRAINING ;a 007377 3E5*93 H A NCc DISTRIBUTING INC SUPPLIES, EQUIPMENT I r1l I CITY 'OF MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE li-wO6-80 PA GE 7 ___ -� C HECK* A M 0 U N T C L. A I M A IN T P U R P 0 S E 007378 JUDITH HORSNELL TRAVEL + TRAINING 0 + MAINT*'__9___BLCG+GRDS 007380 3 CO i< A I_NT E " S, S N 0_F C H I F_S SUBSORI PTIONS+MEMBEK""SHIP 0 0 7 381 114*00 INTL .3US, MACHINES CORP SUPPLIES, OFFICE JC L L — Y -T'Y!l --FAVORS— — SUPPLI;r S 9 PROGRAM—— 007383 91*46 KwMART SUPPLIES, PROGRAM 907384 13o97 LABELLES SUPPLIES, PROGRAM . 4-8 �8_ __'__L_A I S__ BA NN IG A + - - - C IR E S I— - - - - - - F M S E R V I CEm_____ AND,,&LEGAL + FISCAL UPPLI.ES­9____PR0GRA_t4__ 007387 4 9.80 LAW NFORC"MENT EQUIP CO E E UNIFORMS + CLOTHING 30+7388 9 3.00 LEAGUE OF MINN HR COMM SU3 SCRI PT I ONS +ME_M8ERSHI P 30 38 9 30 JCH . N .__ MA C, 30 _. N - A - LD U P-LIE SP----'V E H I 'C'L-E 3-- -*'o 0 390 252.86 M A C 0 U ...—..N EQUIPMENT INC SUPPLIES, EQUIPMENT 0 07 391 122*32 MAPLEW300 FCODS SUPPLIES, JANITORIAL AND —SUP PLIES, PROGRAM ---A NO SUP P L I ES, F FIC'E_ 007392 5 3 71.E.27 AST' CONTROL COMM METRO W___ RENTAL, SEWER 307393 32*50 CAME ME 1T L ER SUPPLIES, PROGRAM 007394 N 6 56 H 0 SUPPLIES t QU I P MENT AND-mSIGNS + SIGNALS 5 4 0 7--h K P T N I N ---"--'-'REP ---�-- -+'-'MAINT-'*--19."_'EQUIPMENT 007396 132*00 MN RE"C + PARKS ASSOC TRAVEL + TRAINING 0.07397 7,0 MINNESOTA TORO SUPPLIES, EQUIPMENT AND LAND IMPROVEMENT y, CITY OF MA F L.EWOOD A C C 0 U N T S P A Y A 8 L E DATE 11- 06 -80 PAGE 8 CHECKS A N 0 U N - T C L A I M A N T P U R P 0 S E 30739 STATE OF MINN D _1160_.00 - - DEPT OF ADMINISTRATION 007399 3 *85 STATE OF MN BOOKS DOCUMENTS SECTION _ - 4 - - - -- _007 4�0 - - - -- - - - X05. ?T -- _.. -STATE _.. ... - -- - - - - - -- --- ._._.. - - - - - -- - ------- - - K.P; - +-- -MAINT �- E4�IPMENT COMM OF TRANSPORTATION AND- OUTSIDE ENGINEERING 7 0 7 01 16 1 50 - -- �t C i . - A ' _ M I "T C H E L --- -__ --- -- -- -- - - -L E G A'L'- - -+ - ' - F I S C 007402 1,937.00 MUNI + PR S FEES, SERVICE ANIMAL CONTROL- AUG &SEPT ]07 L03 22.55 ROBERT 0 N TRAVEL + TRAINING 0 070 - — - - -, 15.53 CITY - O� - . N�_ - ERIGHTON ~ - - -__. FEES; - -- S ERVIC__ - -- - -- - -- _ _ DATA PROCESSING 3 0 7 x,05 x:2.22 N CRTHEKN S TA T ES P CW ER C o U T''LITi ES 307406 115931 NCRTHERN STATES POWER CO UTILITIES 40 7 - -- ___ _ -- - -- 10 .94 - - -- - �►� CC T H E N - - S T A T *E S --- -- P - ON . E - R - - C . � -------- 'UTILITI E S - 307 408 394.83 NCtRTHER ST PCW ER CO UTILITI ES 007409 625.82 NCRTHERN STATES - PCWEK CO UTILITI ES - - - -1 �$- .CRTN ERA STATES PDWR__Ct3 �__.._ __— UTI LITI ES - - - - - _ 007L1 2 N CRT H RN S P CO UT 007412 268037 NCRTH BELL T EL CO TEL EO PHO NE - EL Tr "w - L O EL �PHO NE_ 007 L14 8.50 LA .4 UT ES ON TFcAVE. L + TRAININ . J 07415 15.97 F AKC Fi LM SERVICE SUPPLI` S, OFFICE AND -FEES, SERVICE AND •SUP PL IES , - -- PROGRAM 00 14. PA FIL S SUPPLIES, EQUIPMEN - ___ _._ __... -_�__ _.._ ____: - -A N0 -FEES ,_ SERVICE � - C,TTY OF MAPOI.Ew000 "HECK* A M 0 U N T 007417 46*50 7- _1504-4-6 A C C 0 U 14 T S P A Y A B L E C L A I M A N T WILLIAM F FELTIE-R L + COMPANY DATE 11-06,w80 P U R P 0 S P AG E 9 TRAVEL + TRAINING 00 KS 007419 1, 790.00 RAIvS', CLINIC ASSCC P A F,;,-:;7St SERVICE HENDRICKSON— PHY S I CAL __ E XAMI NAT I ONS ___ _ -307420 186.00 RAPSri.-Y CO CHI-FS CF POLI TRAVEL + TRAINING -0 7­4Z.F_ Y__ __C 0 U N T Y -- T R t E+R -A S U FRI S;- SE 51 .4 007436 6*00 ASSESSMENTS&RP STRIPING 007422 140. 15 RICE STRE.'T CAR WASH RE P* + MAINTot VEHICLE 307423 6E*00 RCAC RE -SLUE INC SUPPLIES, VEHICLE i4Z TD— SP R I G- —+ —A _LTGNM_ ENT P I I N T E'---S H 0 F P'E---- _'P 0 S T A __5 7--o-M—S ANO—FEES, . SERVICE E- - A — 'S OAS F St S E R V I GE ELECTION USE 30 7426 185- o 03 S + T OFFICE PR0DU;'o.%oTS 'K-%'EP* + MAINT*,t EQUI PMENT NO 4w SUP PLI ES 0 F F XE 0-07427 194*90 A C SCHADT TRAVEL + TRAINING 107 42 8 81*95 RICHARD d SCHALLER UNIFORMS + CLOTHING —S-^H U S KY + _S 0_NS ANC MAI NTEN'ANCE"- MATE R'IA__L_S7_i 219 -3 0 7 429 ,107430 69383*83 SCHCE.LL + MADSON INC OUTSIDE ENGINEERING FEES 007431 168o75 L J Sk"J"HUSTER CO SUPPLIES, OFFICE L£ U P P L I E 0 G R A To i43 --S-C*I"E-N*k'qd�'.'O.- 007433 279063 SHORT, ELLICT9 & OUTSIDE ENGINEERING FEES HENDRICKSON— -007,434 2 0.80 DCNALO J SKALMAN UNIFORMS + CLOTHING a 0 7 435 S­T_FAUL .IS. ATE DI -- PUBLISHI IG 51 .4 007436 6*00 ST PAUL DISPATCH SUBSCRIPTIONS+M6r.MBERSHIF 007 437 21*00 ST PAUL RENT -ALL RIENTAL# EQUIPMENT. TD— SP R I G- —+ —A _LTGNM_ ENT Rfp--o ATNT__*_t__V_E`H I_CL 007438 __5 7--o-M—S CITY OF MAPLEW00C 22 A C C 0 U. N T S P A Y A B L E DATt 114m 06-80 PAGE io C H EC K'S A M 0 U N T C L A I M A N T P U R P 0 S E J 0 7 43 89*22 SUPiLRAMEiICA SUPPLI;7S, VE HICLE 30 7 45 1.9714921 VIKING STEEL PRODUCTS AND –FUEL + OIL x.1 440 4 8.75 SWANK MOTION PICTURES FEES, SERVICE- HALLOWEEN MOVIE 00 7il000 TABUL ATING SERV F .ES S E R V I C Em J 0 7 442 18.5 TAR GET STORES INC 007 40 1 t . 2 5 H R TOLL CO 0 07 44;-+ 109*84 TGUSLE.Y 5PORT CENTER DATA PROCESSING SUPPLI OFFICE MAI OJT i*;.7NANCE MATERIALS REMP& + HAI NT" 0 07 445 22 TWIN CITY FILTER SERV IN F'$:St SERVICE 307450 2, 059.70 VALS BODY SHOP AIR FILTER CLEANING 307446 469*50 TYIN CITY TESTING i- OUTSIDE ENGIN.E.-ERING FEES 30 7 45 1.9714921 VIKING STEEL PRODUCTS MAINTENANCE MATERIALS J 0 7 447 238991 TWIN CITIES TREE TRUST F t s - ,I - - DE V -1 C Em AND -LAND IMPROVEMENT ]0 7 45; 3 i_ ___ '_W_A 145* 0 'Rt;_"A_S_ '_T UE'VA'L_UviiD_`4 C. R t RE ` TREE MAINTENANCE 0 257. 80 U KI F G_R 14 S UN LIMI ED— UNIFORM 5 - -- CLOTHING---I, 07 449 5*45 UKIV6`.'R`SITY CF MINNEWSOTA SUPPLIES, OFFICE 307450 2, 059.70 VALS BODY SHOP A/R INSURANCE AND -&REP * + MAINTsq VEHIC 30 7 45 1.9714921 VIKING STEEL PRODUCTS MAINTENANCE MATERIALS _ --- 007 - x+52 - - - - -- - .. 4E3*95 VIRTUE _S_U P P LI --OFFICE AND – PUBLISHING ]0 7 45; 3 i_ ___ '_W_A 145* 0 'Rt;_"A_S_ '_T UE'VA'L_UviiD_`4 C. R t RE ` SUPP _,q E Q U I P M" ENT—,—' A 'O*PMAINTENANCE MATERIAL; AND –SMALL TOOLS - SUP , ' -_ JA NIT ORI A L 3 0 7454 58*10 WEBER + TROSETH INC SUPPLIES, PROGRAM 007455 48.46 WESTINGHOUSE ELECTRIC MAINTENANCE MATERIALS CITY OF MA;LEWOOD A C C 0 U N T S P A Y A B L E SATE ii 0 6— ._ 80 PA GE ll .. C HECK* A M 0 U N T C L A I M A N T P U R P 0 S 0 0 7 456 413927 WHITE BEAR CFFICE SUPPLY SUPPLICE S OFFICE AND - -SUPPLIESg PROGRAM 10 7 457 2 6 E 3 6 X E K G X CO.:ZPORATION DUPLICATING COSTS y -- c - c um oi L L t S � - E Q. U I P M E N T '-'--- 8.00 0 0 7 �51 9 2 1 11 2 0 Z I E G L;b:MR - I N SUPPLIES,q E tQUIPMENT --- --- 007460 50o 75 FREC A383TT SALARI%".oS, + WAGES9 TEMPO 3E*25 NARK �38DTT + WAGES , T EMP* 007462 7 a 2t5 RCBERT ABBOTT SALARIES + WAGESj TEMPO - --- _ -�.__ ._____.� 0 D 7.1,63 21*75 — KE NN imp TH ANORESEN SALARIhES + WAGES9 TEMPO A 36 9 CO -'S A L A R. I it S +: W A G i.:W'S T E. M P 0 0 7 A5 5 94*25 SCOTT ART S A L A R PE S + W AGES v T E- M --0 .307466 14o50 EUGENE BEARTH SALARIES + WAGtSq TEMPO 0 0 7 45' 7 p 58000 TONY BLI4KH0.RN SALARI—S + WAGE40. S T tv- to, P�e 13 0 7 45" 8 12.4 0 M I C 3 U H L SALARIES + W AGES T E M P 007459 10*85 ELIZA3LTH CASSEDAY SALARIES + WAGES9 TEMPO 10*85 t-1 K --S A LA RI AGES* T rmp' 470 0 0 7 471 29*00 CAN DIXON SALARIES + WAGES TEMP. 007472 2990.0 BILL DODGE SALARIES WAGES TEMP 72950 ...... S A' S AL A R I E S + . WAGES11 - TEMP 007474 '� 65*25 A EASTWOOD JACGUiELI'l S A L ARI Em S W AG ES T Em m P 0 007475 TIMCTHY r.ASTWOOD SALARIES WAGES T EMP 0 io *75 AY 0 EL L 'SALARIE -W AGES - ; --T M P 30747 87000 CRAIG ETHER I SALARIES + WAGESq T EMP 007478 i23o25 TH I ER DOUGLA SALARIES WAGESq TEMP C ITY OF M P L r-'.' W 000 A C C 0 U N T S P A Y A B L E CATS i i- 0 6-m 80 P A GE 12 C H Em CK A M 0 U N T C L A I M A N T P U R P 0 S E 007479 10985 FENNY FA3ITNER SALARIES + WAG,'.'-'Sg TEMP* 1 3 . 0 7 0 '--L I S two _F Ll G Al ARIES WAGES' TEMP 0071-81 101. E CHRIS GAL3RAITH SALARIES + WAGES, TEMP* 007482 125950 TCDC Gt�0V%'ow*R SALARIE + ES WAG`- TEMP. - 7 - .aa 483 10 A R I 'H OX A N*SC- W SALAR.Ic".- S WAGES p TEMP-*'-- 007484 12*40 ANN KIANEY SALARIES + WAGE"St TEMP* 0 0 7 485 13*95 KATHRY14 KRITTA S A L A R I;%I:M S + W GE S v T rE M P 4 . 4 2 *"--0+----'-- ___KRI ST IN to - 'w* - KU SALARIES WAGES TEMP-*-- - 007487 7 2 . 5 0 PAUL LEDIN SALARIES + WAGES TEMP. ,307488 72e50 R EN EE LEO IN SA + W A G E- S TEMP 10 7 48 9 i 6 6 e 7 5 - C _'_L0WENBERG__ M 1 ' A iEo lm S ALARIE S WAGES T E E -0-07490 ' 5 6.00 CENNIS LJNOEEN S A L A R I'Em S + W AGES, T Em M Pa .307491 29*00 IAN MAvKI,4NCN SALARIES + WAGES9 TEMP* 7 4 3 _'TE_VE'__i4CDER_M0TT SALARIE S*---+ WAGESIP- TtMPS- 0 07 +93 12*40 JEANNE MAZANEC SALARIES + WAGES-9 'EMPs 0 0749+ 3E. JEFFREY MEYER SALA + WAGES, TEMP. S A L A R I E S'--+' WAGES It E M P 0 0 7 496 13,* 95' CAWN MICHELS - S ALARI ES + WAGES TEMP* 0 07 497 108.75 SHELDON MIL BRIDGE S A LARIE S + WAGES, TEMP* 04- - Pi A R­Y _Ml 1"C'M E 1 L __'S A L'A R I E _S_ -WAGES TEMP7;- 007499 7e25 TCDC NORMAN SALARIES W A G E S E MP 007500 108.00, MICHAEL ODEN SALARIES WAGES, TEMP* _. __--- 0 T X01 - _ 2 - 9 - . D0 �� l K E R So ALARlE­S}_ - W AGES 9­7 _EM'P+ 007502 7*75 CHARLES PLANTE SALARIES + WAGES, TEMP* CIT.TY CF MAFLEWOOD A C C 0 U A T S P A Y A B L E GATE llw 06 -80 PA GE 13 H E' C K A M 0 U N T C L A I M A N T P U R P 0 S Em 9 0 7 5, 0 3 1 MICHAEL iADA SALARIES + WAGE'Sq TEMP. 3 0 7 5-1 8 7 - o -- 0 0 GARY SAN) AL ALARIE S WA G;E.S T Empo 007505 * 12*40 CENIZSE RYDEN SALARIE-S + WAGESw TEMP. 007.,06 * 140#00 JESSICA RYOEN SALARIES + WAGES, TEMP,* 007 107 L E S -' S A 0. t4 -R + WAGES SALARI� - TEN R—o 007 --0 7 r--O 8 58000 FRED SIE.LZER SALARIES + WAGES, TEMP* 0 7 5., 0 9 12*40 E VA S PA N,4 BA UDR SALARIES + WAGE.Sq TEMP* -- ------ 007=.i 1 2 4 -3 T A'R S A L A R I t-S­+' WAG'S­ TEMP-0- 0 7 51 14950 RCMAN ST.-w'w&PCHUK -S S4.LARI'-S + WAGr. TEMP. 007512 29900 CANIEL STEWART SALARIE.S + WAGES, TEMP. 0 1 2 3E + -WAG49.'S--- '-- TEMPS 107514 13*95 WENCY STUCYNSKI SALARIES + WAGESq TEMP. 0071=0015 12*40 AMY SUTH:`.RLAND SALARIES + , WAGES TEMP, 0 7 -KURT- THl'r.`L-E'N --'S'A LA R Il" "mw S -4;'-'--W A G E S _9 T a 0 7 5517 29s00 J HN MARLING SALARIEMS + WAGESq TEMP. 007 29*00 TAMMY WAYNE SALARIES + WAGE'S ,9 TEMP. s4 o iAT�c�IA tiO ENR�� t ---'-T EMP-* 007520 2 7 0 S-, 0 A R I m. SERVICE R �, P• + MAINT s 9 B LDG+GRE 0 0 7 2 1 5 THE ASPHALT INSTITUTE BOOKS 00 .Z s 'D 'E 8 C a -AH--- 3RO-WN— '-U---- -N D AFTER SCHOOL PROGRAMS 30 7 52 3 131*65 BRIGHTON AUTO ELECTRIC REP* + MAINTov VEHICLE: 007 524 8. CO THOMAS FLETCHER R E F U N 0 YOUTH SOCCER JUD Y _ - - -GA: A 'R--- E--'-F--U--N --D— AFTER SCHOOL PROGRAMS 00 7 5.2 6 28,50 KEHNEw, ;ELE.CTRIC REP* + MAINTes UTILITY SURCHARGE TAX PAYABLE RE-FUND OVERPAYMENT T OT AL OF 271 CHECKS TOTAL 5tl,914le79 INDICATES ITEM PAID FOR BY RECREATION FEES ' | -----'- | m CITY OF MAPLF wf)n0 CHECK RFG ISTER PAYROLL CATER 10 -24 -80 DATE 10-- 24 - CHECK Wo CLAI GROSS NE • 15858 NORMA'`1 G ANDERSON 250900 227e17 25859 GA W BASTIA A 2. 0,00 217.50 2 JOH``4 C GR EAVL 32_S1*00 22645 25861 FRANCES L JUK�R 250000 224,42 25862 EARL L NE -LSON 250* 00 250.00 25863 BARRY R EVANS 1, 536. 42 973,26 25864 V I V 1 AN R LEWIS 625 . 31 417.5 9 25865 LAURIE L BERG'S TECT 322.00 .343.28 25866 CA141 EL F FAUSI 19 222,,89 , 855933 27867 ARL I NF J HAGEN 751. 3 _320..53 25868 ALAIIA K MATHEYS "722. )0 421 :96 25869 LUC I LL E E AURELI US 1, 142.00 606.73 25870 PHYLLIS C ORE! - I% 772.65 2_2 .19 25371 BE=TTY D SELVC.. 584, i1 378.41 25872 LOUR A I INE S V I F T O R 478 o 15 296 * 77 25873 JEA7 L SCHA!` T � 2. )6 7.68 25,974 ALFRED J PELC(w U I N 601. 35 6.3. 97 25375 JAMcS G KLEIN 11410 103.07 258 76 FERR:ANCE C R IL t: 119,000 114928 25877 DAVID L ARNOLO )66*46 305.48 2?878 JJH. H A TCH I Soo, 848.31 '397.96 2587 AA THONY G CAHA`1E S 969.69 5 32.8 7 2588U CALF- K CLAUSC`v 848.31 50*68 25831 KENNETH V COLLINS 970.15 65.31 2. 5__82 GISF:L T CROWIP 525.23 557.82 25883 1, v I S J 0ELPON 1, 126.23 15 ': lb 25884 RIt"' C DREGER 1 6-1 .5T 25885 RAYMCND E FERNCW 848* 31 301 .52 25886 NORMAN L GREEN 986o77 509*40 25887 TH0i L HA 1.2.04.31 167.47 - 258 �.8 KFV I N R HAL 848. 421 .65 25889 STE ?IAEN J HEINZ 525.23 356 o 89 25890 MICHAEL J HERDERT 848,1 486 *68 25891 RICHARD J LANG 387,o 507969 25892 JOHN J MC NULTY 986.31 544.43 25893 JAM E MEEHAN Jet 32.7.89 457*08 25 394 1. AN I EL 3 MET TLER 871.33 568.26 25895 RICHARD M MGE SCH TER 922.51 5 7 5.06 25896 RAYMOND J MOR ALL I 332 * 15 558.13 25 397 ROBERT D NELSC 996, 86 634.15 2ti893 W I L L I A M F PELT IER 949. X35 *323.22 2589') RICHARD W SCHALLER 1 303. 31 797 *86 259CO 00AALr W SKALMAN 849* 31 18,64 25901 GREGORY L S TAFNE 975951 591.72 25902 VECAGN T STILL 832.15 49 3.10 25901 CARRELL T STCCKTON 832.15 561,69 25904 CUA J d I LL I AMS 880.62 452.22 25905 JOSrPH A ZAP.PA 988.15 631482 25906 TJ'EB RAH A BA S TYR 413.08 197 090 25907 JAYME L FLAUvHER 583 95 3 32, 79 25908 GEOiw - E W MULwEE 5 ?0.95 328.87 15909 KAREN A 14ELSCN 520.95 326.55 25910 JOY E , CMATH 468.00 317910 25311 JULIE K SCOTT 533.70 350.45 25912 JDA1 M SVENCSEN 556.15 368.60 25913 If I CHELE A TUI.H` 496* 15 267.3E 25914 RONALD D BECKER 906.62 217e26 25915 CEN*4 I S S CUS I CK 1 1 .2.6.2 3 716.20 25916 DAVID M GRAF 887* 54 414.85 25917 ROG CR w LEE 903.69 52 3. 13 25918 JON A MELANDER _ 846,32 25914 25919 CAROL M NEL S0*4 849. 52 3.29 25920 MALE E RAZSKA1_Cf F 887 .54 126.44 25921 CAROL L R ICH IE 392 .77 259..71. 25922 MICHAEL P RYAN 933:78 437.27 25923 ROBERT E VORWERK .9 29o94 178.53 259 24 JAM; S G YOUNGEN 1, 014.90 591.04 25925 JAMtS M EMBER TSON 740.77 496.77 25926 ALF=RED C SCHADT 95 3.54 573.63 25927 LARRY J CUDE 138.46 107.82 _25928 WILLIAM L B1T UNER 19 264*23 , 907,92 CHECK NUM HER 25858ThRU 25984 40 9 15 * 09 50, 539.70 PAYROLL DATED 10- 2.4 -80 CITY OFF MAPLEWOOD s CHECK R -G I S TER - PAYROLL LA TED 10- 24--80 DATE 10 -24 -80 CH, ECK y0. CLAIMANT GR0` EVE T 25929 JAWLS G EL IAS 790.02 439.'-34 25 330 V.A:RY A NEMETL 472.32 3150(46 25931 CEN'I I S L PECK 710. 62 451.25 25932 JUU I TH A WEGWl* RT H 105.47 164o66 25933 n03r_RT F WILLIAMSO'3 730.77 462.24 25 )34 U ;04 V FF-JU'A 797.60 525.14 259 35 WAL T cR M Gr I SSLER 8350 517 .'48 259316 JA,Mi-S T GESSELE 674.31 451.87 25937 KE- A:l'ETH G HA ISEk 458.e62 366 *40 25938 JAN' S y WYMA'` 617.54 438.613 25 939 y: I LL I 1 M C CASE -478.46 494 904 25940 0Ae'ALD L FRE3#:- G 696o!30 X145.51 25'j4 1 RON ALC J HELFY 696, 80 445.51 2 5 13 2 I CH �E L R KANF 69b. 8�3 298 .52 25943 HE ti4Y F KLAUS 1'14 696.30 390.03 25 344 GE C ALC W VEYE S 696.80 :648 . 25945 AR � LD PFARR 724.. X36 411,w56 25946 JOSFI PH B PRETT DER 920 *00 617.53 25947 E DWARD A RE INr_RT 696.80 445.51 2594 E O's E J K I CI- :ARD 696. 428.72 25 y49 1 -4 AR�Y J TEVL J 756.56 531.69 159 .5 C FR I CK 0 OSWALO 96000 96.00 25`51 I L i T C LAROCHE 504.92 335.87 ?5`52 �4 PA UL IN ADA "S 679,035 4 33,'71 25953 ��110 0LPH R 8AR 89"3..54 5b 1 44. 25954 LO I S BREN L 577.{90 19 X93 25 EA! �.ARA A KRUI,". CL 232.65 137.35 25956 RGBH3 T C CGE�2ARC 1, 153.85 724.44 25957 ROY WARD 2.77.65 217.23 25`58 MYLES R 3URKE 696.80 360.27 2595 DAVID A GERMAIN 696680 43 25`60 "'EL V IN J GUSINDA 963.1 3 535 #43 25961 ROL.ANIC 8 HELEY 119.15 470.90 2'5962 VA4K A VARUSKA 636.50 405.03 25963 RE:EU E SANTA 141.46 407.88 2.' V l t. r.hAEL L JU tiKF1t 288.00 235.45 21965 GARY P JGHNSCN 61 e 20 59.06 25 BAR�3ARA 1 Si J BRU "ALL 198.79 155.59 259.61 JAA T Mt GREW 519.20 :347.82 25968 JUCI TH A HOR ,.-*4 L 234.00 179 *87 25969 CHRIST FIE SGT; T TtR 519,.20 347. X32 25970 JUDY M CHLEB.f-CK 584.31 267.15 25971 1 h!OIr'.AS EKS TRAND 664* 15 394.91 15'372 RA L JOH'JSO v 672.28 425.39 2597.3 AAAZO J IM I SKELL 194 * 00 148. 6F; 25974 GFOFFREY W OLSON 1, 133.69 628,94 2`5` 75 V44JOR I E OSTROV 958* 62 610.60 25916 ROB RT J WENGER 696662 454.79 25477 RI`HARC J BARTFOLOMEW 777.00 437950 25 DAV 8 EDSON 754.`- 9 478.15 25979 EDW.AI�D A NADEAU 816. 539,18 25980 LAVERNE S AU TE= S0N - 1, 049.38 406.70 25981 1; RALD C OWEN 710.40 472.33 2598.2 w 1 LL I AM S THGAF 150* 36 508058 2 >983 JOHN E MACDONALD 768. X30 491.69 25984 DE A S M. MULV ANEY 743.20 458.82 CHECK NUM HER 25858ThRU 25984 40 9 15 * 09 50, 539.70 PAYROLL DATED 10- 2.4 -80 C � MEMORANDUM .tic ��. �r� :; C TO: CITY MANAGER BARRY EVAN S FROM: CITY CLERK REGARDING: PROPERTY DIVISIONS DATE: OCTOBER OCTOBER 29 1980 Resolutions ' are needed to process the attached property assessment divisions. The majority of them resulted from lot divisions and plats approved by Council. There is no loss of assessments* 1. Division No. 55221 1278 County Road B 2. Division No. 55582 2155 Prosperity Road 3. Division No. 55781 Howard Avenue 4. Division No. 55785 Radatz and Beam Avenue 5. Division No. 55790 Edgerton and Payne Avenue 6. Division No. 55796 Birmingham Avenue 7. Divis ion No. 55797 Gervais Avenue 8. Division No. 55812 ) - 10. Division No, 55298 ) Voya Peletich, Arcade Street 11. Division No. 55976 ) 12. Division No. 55816 County Road B and Leland Road 13. Division No.\55834 East Viking Drive 14. Division No. 55862 Linwood Avenue 15. Division No. 55881 1127 E. County Road B 16. Division No. 55915 1715 Howard 17. Divis No. 55916 1737 Howard Avenue 18 Division No. 55957 Germain Street and Demont Avenue 19. Division No. 55978 2241 Birmingham Street 20. Division No 56034 Hanover, 1290 E. County Road C 21. Division ion No. 56037 Brooks Avenue and Barcley Street 22 Division No. 56039 Carlton Street and Minnehaha Avenue 23. Division No. 56 Leland Road and Junction Avenue t` t� ` 24. Di vision N 0 . 56053 Maple Greens 3rd Addition 56089 Frank McGinley - Prosperity and Harris 25. Division No 26, Division No 56093 Mogren Brothers, White Bear Avenue 27, • Division No. 56 108 2081 Prosperity Road _ ell, *7S 14- ltJ'T'J�• T d Li �', ' ma c ��• -.. .. -� .1 7 f 1 I - . • • 'F^ ... • 21 -0 .�• K Iz F �• _I c> �) _ H _ ` 1 • � - I� .' ice It . 4 AV E. 3 040. ( •, t mom -on. -oft -ftft. 1 s I l Ir MA- �. •�i 1• t 1 1� 1 � � • ; A, _ _mss• �•r_ _ 'r ► r waft �_. �-�_ •.l _ _ C 0 I � v aftft r" nv . g .1 �C1(• �r fie * • oe- o .:� CIP 0 w44, mom ... wm---� lei ?L SA E RV t 4 V � v 7p Q 4 _ ' ' - r C n • N ' a r - ._ _.._- 1i 1 � 1 � A t t f Of I • •I � .I 1 1 1 b 1 dr �. ta 041 I-N IV .� i 1 � � ,f `- � / / r a, 7 �r -- -- •• 1 Or Gf JL �•■ 4@WMMMWMWM� rte.• �Gc. -1 S 50 ioo• A ne T7 AVE_ 12.1 • e- . t'O r6S� Ai P r 49 5 9.5 • c• a 50 f t J �! 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I 12 0 Soo 100 Ioo goo A L. • o .,����t••u•*c• k!•jtr*t.•S'� Jj. ♦ _ . -, - 1 '"' :','�F'�1'__" ` . w1 71 ' '.:. iY' 1• S`' r'! r' 1t'•' r/ lMp f:, r,. ryTf, 7Kiy' RFIt! #V..r:trn` •'i!?7Y•►...,"t't:?r.ry+' a`T7•$Jlctl,?•7' 'S�bb�` �Y`.'}T t•'iY a I• 1 ��• . •i 1 \ . <. 7 r _ • now vl, .. r ;•- - ....... - CITY of I�,�APLEk'OOD C p ♦ .. ..• •• _ �: v :i •._..•r .C. fl Y + i _ •' -- M R• C ,. .. - _ ` b Lin License .,' ;._.. Application €or Gambling hereby made under Maplewood Municipal Code Chaper 822 whit AP Application is y _ reads in part: _ . ' . - :. • `. , Chapter 822 of the Maplewood Code is hereby adopted governing S,CTION 1 p licensin and regulating of gambling as approved by the State { L��re and is to read as e follows: ... "8229010* PROVISIONS OF STATE LAW ADOPTED. The provisions of Minnesota • Statutes, G id l ter 349 and Laws of Minnesota, 1 0 78 9 Chapter 507, relating to. p of terms licensing and restrictions of gambling are adopted the definition , , P and made a art of this Ordinance as if set out in full." _ ; - ._ •. . - • " TU No person shall directly or indirectly $22.020. LICENSING REQ„IKF?�ENTS. p . operate a gambling amblin device or conduct a raffle without a license to do so as - - •. -• .- ' - - p rovided in this Ordinance." t 822.030. PERSONS ELIGIBLE FOR A LICENSE. A license shall be issued only to. .. fratern relinious and veterans' organizations, or any corporation, trust, of association organized - r for exclusively scientific, literary, charitable, ur club whicb i - crga•iized and*operated educational or artistic p or any exclusively for. Leasure or recreation as distinct from prof - i"t making purposes* ek y p - r Such organi zation nation must have been in existence for at least three ee (3) years in -� d and shall have at least thirty (30j active the 6ity of M members.' - 4plewoo . for -a gambling license _ :. Hill- N;urra High School Fathers C lub _ 1. Name of Organization: y + - 262 East Larpenteur Ave. - \ Organization: 5 E 2.. Address of Orga .. _ . , • September 26, 1980 ;. 3. Date of Application. _ • �t' ' '. f 40 Date of first xneetin that has regularly continued to date iti ^ leptember 1 ?0 Ma lewood Organized 9 - 3. List Officers of organization: - ADDRESS PHONE . TITLE _ - .- -_ .. r., ,.t. .. i 1 :y- .• - r' �r '{ r. .:• - J e. a ds_ - ♦ - • aS li 1 •.a.. .. e' .. .• ( s ee attached lisp • \. i ti. �f � °.i • .r fir•• ,y._.• • r r •-t -.. • •♦ •. :•• •• - •• -• •• . ., _ - • - 'a.'• •w. .4 iy.s.•-� - : -• - •. . _ i 'j .i_..i 'i yr ► 1 - - fr•• •' 't r J• • ..• ` ~ 1.' i• ..•. '• L .'. '' ,. • • _�' , . . .. _ .' y -,+ ,.a / ' ti ' i \r .. -• • t •, •.r• . - r, Sr i r ^ . •a r' . . J 1. . Couna .1.. or .. .. w .y�• '• • ., • S y •r r . ..,•..•y- • J• ' 't ' ,•.' a `•\ • - . < - • . • . :•. • .. _ [/.'� sus �/v , •`, + ; : C.. >, y ` r •>r if _ ... ...,•, _:u • >• a: < r•�•L, s - a • J ' _. _ .•. • .. • . . • M'+ .. I -' .. `' - ' . y r ^r ' ty • ..•. jp• ♦r ' . r ,/~ • '•• i , _• , ♦ 1 r ti , ..' ♦r r i. •:..• • .\ 'i •, •• .1 _. .. .. - • 1. ... . t - - . .. •' . ^ . 1 • 1 •,` •• '•; -. ••'. .. • . � r - .. ' • . ♦. •• • r. -. � . r �+�� • •. .. •. .. .. «.+... .•.... • . . .• w+ w• w•. �• �.. ti. r�.•. ff�r ►..i•.ti.N «.•w•M.+..lr••-•.►•. ••,. ...._.r. v. • -.. •_ •. f t 'v •. w , •. -• +• T. � �•' s r , Yt Vat a now ' _ ,. a • • .. r . . _ . .. _.... -. . - . 1 _ ••... _ _ ..ra • 1, __a.c • ..!•.. \ , v ...........�. Y.. 1L_ . _ , _ _.. ' • — ..•a....f_'`d. v � •.__ � ."t�'.t•�.tl: �.s,•ac�.a.L.l•L D' '.i�S.a.rb..•• �r.n.n[]►a'i' .. a.•+► iC.:i. H ILL- MURUAY HI HOUL EDUCAT ASSOCIATION , INC: Boar MIX8i;R5 19&)-o'81 y h y {f M E pikZoS OFFICE HO�IL Philip McCauley, Chairman June •1983 1808 Kennard Street :it. Paul , Mn. 55lug 'Ij3 - 1'l15 'lTl -> David Thurston, Vice -Chrm. June 1982 2.853 North Second Street North St. Paul, Mn. 55109 482 -9277 Joseph Ste jskal s Finance Comm. June 1982 2561 East Poplar Avenue North St. Paul, YAn. 55109 733 -6023 777-3453 Daniel Bernish June 1981 1963 Birch Street White Bear make, Mn. 55110 221 -4371 429 -2592 Clyde Klosner June 1981 6288 --43rd Street • North St. Paul, Mn. 55109 777 -6801 777 -6801 Edward Flesher June 1983 1433 Primrose Curve St. Paul, Mn. 55113 644 -1344 633 -69' 5 Sister Marie Fu jan, OSB 1531 Summit Avenue Ste Paul, Mn. 55105 ,1 647 -5180 645 -5303 Reverend John Higgins St. Jude's Rectory 700 Mahtomedi Ave. Mahtomedi, Msn. 55115 426 -3245 426 - 3245 Sister Duane Moes, OSB 2675 East Larpenteur Ave. St. Paul's Priory St. Paul, Mine 55109 777 -8i81 7 77 -8181 Paul Koller, Father's Club June 1981 2701 E. 18th Ave. North Forth St. Paul, Kn. 55.09 733 -6328 777 -4277 Yvonne McComber, Mother's Club June 1981 3431 Emerald Drive White Bear Lake, Mn. 55110 777 -1376 K 777 - -47+3 Catherine Piccolo Recording Secretary 777 -3411 776 -2170 Robert. D. Burke Catholic education Center High School Finance & 328 West 6th Street Planning Coordinator St. Paul, Mn. 55102 291 - 4497 Frank Asenbrenner Principal 777- 1376 rxt. 17 James Rohlik Assistant Principal 777- 1376 l xt• 1 9 Brother Francis Carr Assi otant Principal & Athletic Dire ctor 777 001376 Exte, 31 James Johnson Director of Dev el opMent & Student Affairs 77? -1376 Ext. 30 Sla P atrick Callus Dire ctor of Gu idanc e ??74376 Ext. 21 Paul Hemmelgar-n Faculty Senate ??? -13 r Student Council c/o Teresa Brown 7774376 dF 1 r I MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Final Plat - Val l eyvi ew Estates DATE: October 29, 1980 Request Approval of a final plat creating 5 buildable lots. Past Actions PY J. 4 -3 -80: Council approved the preliminary plat for Val l eyvi ew Estates with the following conditions: • 1. A signed developer's agreement shall be submitted to the City Engineer before final plat approval. Such agreement shall include a letter of credit for the future construction of a five foot wide asphalt or concrete trail on I Hi ghwood Avenue right -of -way, from the east line of lot 4 to the west 1 i ne of lot 1. 2. A final grading and drainage plan shall be submitted to the City Engineer for • approval before final plat approval. Analysis The developer is planning to meet the above requirements in the next several weeks. Due to the small scale of the project, Staff recommends that the plat be approved, subject to compliance with the above conditions. Recommendation Approval of the final plat, subject to complying with the conditions of the preliminary plat. Enclosures 1. Location Map 2. Plat Map .NEW LIFE LANG DEVELOPMENT CO. P ETITIONER TIME EXTENSION REQUEST 25 T. CL r •- 25) rlop (1) LAKrvv0W DR. ~ •= cc - }' (2) TEAKWOM DR. CD L �• :. t 3) CJVC STY 1rw OR. z - z o WO OD &K. f 14) aAARI DR. D p (3) MILLWOO DR. 0 0 o �r�rrr_1� y - r 25 ) y CAIrVER • �: 72 .. HL 12 .: cwHL ct .. �- O ;.•: �• 1t R t1w ` 13 1I e N == 72 4 494 .NEW LIFE LANG DEVELOPMENT CO. P ETITIONER TIME EXTENSION REQUEST 25 T. r •- 25) rlop ~ •= _i L � -- • • C arrtr Lake WO OD &K. N c 494 �r�rrr_1� r L�JVY CAIrVER • �: 72 .. .NEW LIFE LANG DEVELOPMENT CO. P ETITIONER TIME EXTENSION REQUEST • PROPOSED PLAT Olt VALLEYVIEW ESTATL., 00 \ .A� '1 1 1 r '. • , r Deer Il.eel us �. . •' `�, i i i i I � i ; i •� ti , 111• rots 301 r..l o f its S „viii )11 /t►” • i 1 .1 Ili. %$$ $I111 *011 ` wl Ilto 11 «11loseaI `1010POSLn �' �SOUfi t { 0/1K9 .w111,ii1 11, Ii1e11u1t1,1 1r wit 1, (Wil o ♦ % 1 I I ' t 111 sir, *.@$opt the Sovlh 4 • % I I , .} I !.1 reel ar it,* ♦ lost ISO refi lit• well 11 ?•j feel of ths� / i i 136 1 t i 1 ••. J �....... sovlh its rest of told Settle" 13 �. i 1 ► i 1 Owner �•• 1 • �J r ., Lloyd Schaeffer • » 1 J .111 ghireed Avsnvo ' r r 1 St, Pout, Mn I •••w•••� r• Goo •or goo .•r� 1 +.gym• 1 , •• ••....� 1 Developer • I ,��•••� N ILe 1 d 09val6pmenl Company 1 "ttl I / T L O �• • > 31 • s » 0 r �,.........- •..�. / Proposed Use I i •�• . �, or 5 Single family Lets I.•mv •••so ••� r • .� I / r r• I / • • Clvtlei •.�• I y•_.,.•..,�:.•.• e s � � % Total Are f ! Acres I •J h i 40 10 of • s0 t0 00 s0 g, ass �4 r l � tvr Nr �.. ...... Mbgtl • oA'1 s ir 0 s .0 Qm 41b 40 61 1 N • 1 I �E' tr1t1A0M INr Vo V1 • s0 90 s0 10 295 1 wAtIMMAIN r � A • .� rw . •rr •w•+_ w w.+ - -ter.. r A � ....w •.r HIGHWOOD be _AVENUE V v.C.0 811w1ft ON CiNTtw�INt � p ARK. I I 1 p t,E � I• � � VA I I, 11G 111 LlN w000 AVENUE II TYPICAL • : o j�i 1W �,,� �, �'Iul' eCALE: 1 • 100 11 ,1 1 •IDlLOT iETIACK W of I z Q` I I II W I I 1> l I 0 --. I 1 1 • � Fit f• /110rW000 z•_` � AYE " - 1 `A9 F U ' E — Marron h Forsberg. -- Registered lend Surveyor � � I I i f 10 i , Y D s A , X / /�('' LAKE ANO t+ANO SURYE COMPANY JL. ! �l_1._ t ,�,' G , �� ` t• �� I icc 1105 foil. Nlnnshoho Avenvo 139•4341 A YI +� �i O � I n S Pev1 'Yn S3111 OWNS MOO i t 2 1 ►• • v i I g 1 1 J °j � �, '/,v I'W 1 her•.by certify that this svrvor was prepared • TYPICAL ' �, t IW �f �• , u by me er. under my direct tvpervl• ten end that I f110NTLOT GETOACK 11 I *!#� 1 am a duly Aeplstersd Land Surveyor wader thi laws �1 1 se! or the stile of Minnesota. Now VICINTY MAP 3tgnodr • Dole Aso. No. 4140 • • • •• .........t.. of mo.•.w. • .• . • .�...•.r... mmummmmmmow MEMORANDUM TO City Manager ' FROM Finance Director ` RE Budget Changes -- V.E.M. Fund Rent DATE October 22, 1980 p Rnpncni - It is proposed that transfers between accounts be approved to adjust the budgets for vehicle and equipment rentals from the City's V. E.M. Fund. BACKGROUND _ Effective January 1, 1980, the rental rate structures for vehicles was revi sed from a fl at rate per month to a rate based upon mi 1 eage to more accurately allocate vehicle costs. Consequently, the 1980 Budget for the General Fund needs to be revised to reflect the new rental rate structure. Overal 1 the re— estimated 1980 Budget amounts are $8,000 1 ess than the original budget amounts. The following is a 1 i sti ng, of the current 1980 Budget amounts for Equipment Rental (account 4520) , the 1980 Re- estimates, and the amount for each transfer needed: Surplus Division Current Less 1980 (Deficit) Code Division Title 1980 Budget Re -Est. Transfer 102 Manager's Office 2,600 4 , 240 ( 1 640 ) 131 Engineering 7 3 4 132 Project Engineering 2 8 ( 5 133 Street Maintenance 176 s OOO 160. 15 134 Drainage 5 600 4 142 Park Administration 5,100 11 ( 6 143 Park Maintenance 68 66 1 152 Planning Admini stration 2 3 ( 1 9 340) 155 Environmental Health 2,110 4 ( 2 Totals 271, 780 263,780 8 It is proposed that the $8,000 left over after the above changes be transferred to the Contingency Account within the General Fund. RECOMMENDATION It is recommended that the Council approve the budget changes itemized above. ,fiction 'bar Co,11cil :. L :. � y �' is .+�y s.:a.�- "--- .•- "r -. iv �! M.� ,...,s�- wvww.► r,w� as � ,.:s�v.0 �,i....rw..:, i d � -G TO : City Manager FROM : Finance Director SUBJECT: Court Lease - 1981 DATE October 22, 1980 MEMORANDUM Re quest A representative of Ramsey County has requested ,a lease proposal from the City to allow the Municipal Court to remain in the City Hall during 1981. Background When the City's Municipal Court was abolished effective January 1, 1975, a two year lease was entered into with Ramsey County at $10,320 per year. This amount was based upon a rate of $5.00 per square foot determined by a comparison of market rental rates for comparable office facilities. This . rate of $5.00 per square foot was also used by the cities of New Brighton, North St. Paul, and White Bear Lake in their court leases. Beginning in 1978, the rental rates charged the County have increased each year as follows: Other Cities Maplewood Percent Percent Year Rate Increase Rate Increase Basis 1978 $5.30 6.0% $5.00 - Cost analysi 1979 5.62 6.0/ $5.62 12.4/ Other cities 1980 6.01 790/ $6.09 8.4/ Cost analysis It should be noted that the rates listed under Other Cities above are for New Brighton, North St. Paul, and White Bear Lake. Roseville also rents court space to the County but has been excluded from the comparison as their rate is based upon their new city hall. Analysis Continuation of the Court lease requires an analysis of the City costs associated with the Court in, order to set a fair lease rate. This analysis involves cost accounting calculations and was based upon guidelines used by Hennepin County for their leases of court facilities. A breakdown of the costs is found in Exhibit A and indicates total costs are estimated at $13,07 for 1981. Relating this amount to the court rental area of 2,070 sq. ft. yields a square footage rate of $6.32. Other cities in Ramsey County were surveyed to determine the rate that they are charging the county for court space. This survey indicated the following rates per square foot: Actual Proposed 1980 1981 Roseville 7.21 7.79 New Brighton $ 6.01 $ 6.61 No. St. Paul $ 6.01 $ 6.61 White Bear Lake $ 6.01 $ 6.61 The rate charged by Roseville has always been higher because they have a new City Hall. Proposed rates for 1981 are 10/ greater than 1980 except for Roseville which is 8/ greater, Maplewood increased its rental rate for 1980 from $5.62 to $6.09 based on a cost analysis similar to that in Exhibit A. The 1981 Budget includes estimated court lease revenue of $13,870 which represents a 10% increase over 1980 and $6.70 per square foot_.. - , .. - ."Thi s was based upon a guesstimate that inflation wil-1 be about 10/ fore 1981.. Alternatives 1. Increase the lease rate by 3.8/ from $6.09 to $6.32 per square foot to recoup the estimated actual costs of the City for leasing the court space. This would generate $13,076 per year. 2. Increase the lease rate by 8.5/ from $6.09 to $6.61 per square .foot in order to match the rate charged by other cities. This would generate $13,683 per year. 3, Increase the lease rate by 10/ from $6,09 to $6.70 per square foot in order to match the percentage rate i ncrease /proposed by other cities and to generate the revenues estimated in the 1981 Budget. This would generate $13,870 per year. Recommendation Staff suggests the first alternative because this would produce revenues equal to the costs for the space leased. Therefore, it is recommended that staff be authorized to execute a lease agreement with Ramsey County for court space during 1981 at $6.32 per square foot. E� jec , D"L� __ !1 Exhibit A Supporting Calculations for 1981• Court Lease* Annual Costs Variable Costs: Building maintenance (1981 Budget) TOTAL CITY COURT Fixed Costs (Amortized over 20 years .: $10,719 $ 9,044 :.. $ 1 9 .715 Interest on City Hail bonds 4 3 552 676 Parking lot expansion completed in 1978 2 1 320 Total Fixed Costs 16,947 14 2 Supporting Calculations for 1981• Court Lease* Annual Costs Variable Costs: Building maintenance (1981 Budget) 42 35 6 U t i l i t i e s 14 11, 995 2 Insurance 2 1 331 Grounds and parking lot maintenance 2 2 475 Building management 3 2 546 Total Variable Costs 64 54 10 Total Fixed and Variable Costs $ 81 9 722 $ 68,646 $ 13,076 *The percentage allocation of the above costs is based upon the pro -rata share of the City Hall used by the Court which amounts to 16 %. L-- — 1 MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: October 30, 1980 SUBJ UTILITY IMPROVEMENT - KELLE R PARKWAY The City is in receipt of the attached petitions requesting the construction of sanitary sewer and watermain in the 2500 block of Keller Parkway. The attached map in &icates the properties involved and the location of the existing sewer systems in the area. The petition for sanitary sewer requests the extension of the Little Canada system. The petition has been signed by representatives of the six affected lots. However, most of the properties are held in join ownership and the sign- atures are not sufficient to represent a valid petition under State Statute 429. The petition sponsor has asked that the City Council initiate the project. Construction of watermain to serve this area is requested by four property owners. To provide municipal service will require construction of a substantial waterworks improvement. The City has previously encountered considerable opposition to major improvement in the area. The existing demand does not appear to warrant an improvement of this extent. It is recommended the City Council initiate an improvement project to provide sanitary sewer service on Keller Parkway from Palm Court to Leola Road. FA 1 #...' s. R . z' r: • � • - Count Road C -- Existing Mapl ood - Sanitary Sewe DISTANCES TO WATER MAINS _ Connection no feasible due to eleva ion. _ Gervais Avenue via Leola Road and proposed Forest Street - 3,000 feet. County Road C - 4,00.0 feet. r - Q North of : Gervais Lake to � - d ac d � . n- "- 7 Palm Court"" --�- Little Canada ani ary Sewer. 4- Invert e leva i 53. • 1r 2620 2540 aC 25 2 5 AF w J . 252 AAJ Y - Little Cana a - 9,000 feet. South of Gervais Lake to _ Little Canada - 10,000 feet. Ir N-1-4 i 2514 4000" � 2508 I AF SEXTANT AV E. E. W Q V Q W cr- ROAD 0 BF f - • JC 00 Proposed future Lift a "on • Nearest existing == * Water ?in 8 AF •�': � �!�• :!: :!:': % :•i r k. `'•�:.i :' .�; ob We, the undersigned, do hereby petition the Council of the City of Maplewood to: pooKw C %TA N ! T q /Z y S TEO AA . and'that the said improvement be undertaken by the Village Council in accordance with the provisions of Minnesota Statutes, Chapter 429; and 'that the cost thereof be assessed against benefitted property as provided by said Chapter-.429, -- OWNER STREET ADDRESS LEGAL DESCRIPTION FRONT- DATE A nt- I certify that I have witnessed the above signatures, and the pro-posed improvements were discussed with the sig rs ( DATE) P TION SPONSOR n l7 /'.t(3. � L Y z7e-if� '/ f U OG 07� I certify that I have witnessed the above signatures, and the pro-posed improvements were discussed with the sig rs ( DATE) P TION SPONSOR n t a s �!e the enders i gntn'd, coo hereby petition the Council of tale City of Maplew io • O)v and that the said iirpY'e1eili be ( rtaken by the Vi11age Council in ac- ordance with the provisi of TM i �,;,ec.ota Stu , Chapter 429; and that the cost thereof -U - assessed ac�a:f�st hp�,e: t. �cu c:p �� ..y as prc��r� Ved by s a i d d Gt�C'. ���r 429. P 'N' ER SITI).." A DDRESS 014 • J 5 �O ol!r3 Z LEGAL DESC��I F'U011 FROA ;'-� D .`�E AGE &Ot .1 z C-C/ S 97 Id I certify that I have witnessed the above signatures , and the propose improvements were discussed with the sign rs. /D Oeo (DATL) ONSORY t r\ dt - OFFICIAL r S i n, r« -''�� + RAMSEY COUNTY �TTv . •,.., f s 1 • John G. t7ooldri): and Carol= T. Tool d r ar-a o f to Pktn� f thE: "' ., 103 o_. S 15n.1 n2/110 1 ^0 F •, �_ of. T• 57'1 Ft. of M." 1/4 of Sec. 9 7V .. 29, Rm . 22 . 25�! x ;ell w� p� . n4- Paul, fir-, • • = - • • 2 • tiicha i;1 fi. Parish is tip, o �.._ ar of : :� 15 Ff. 09 S I1Qr 9 ?. /. 1 . -0�3 I'±. of 1 2 ?0 Ft. 1 M- asured nu- r' and T•7 of + S ? �/4 Of Fe = ll r Pk ry in Sc. • i �f ' r 9, nor. 29,. 22 . 250 y s t• Paul, I' - • 3• Slaud J, ?agar1a ar.d Claudia J, "a -aria p + to TT�llE -:r Pktpf. thtz 77 100 Ft. of S 11292 02/100 Fes_, of r 151 F ±. of Z. 470 Ft. of I -n7 1/4 of Sec. Q, " a 29, R S • 2 2514 Pk�� St. Paul, Mn. 4 • Ja i-s A. Bowditch and Carol P.. B0116i tch are •�h= o;•rr : rs of: c. h to I;rll�r Pk:iry t,h *? 130 Ft. of S 1393 Q2 /110 Ft, of F ASn. of V 47o rt. of ITT7 1/4 of Sr-c 9, T%,!r_. 29, 22. 2524 1Gr Pf:wy. St. Paul, Mr. 5 • nar iel S,--)adir o and *•Iarc9 -r;:- Floe ar^ ' h- !.jr � Of: ' � o - .rs .pub to • K iller Pkc•r.? the 11 100 F� o �. S 1698 _2/100 F t, of r 450 F±, of t' 470 Ft. of rn l/4 -. 9, Twn • 2q F, 22. 2F20 Pkw. %; St. Paul, It" . , 6 • ' sit Timothy 1 =7. Ga llivar Gallivan are the f o:rr �:rs - Sub to t: ^ll�r Pk�:1� h�:�F . • of S 1495 92 100 rt of * " 7 � / 7 !1 O f Try Ft. o+ ' 1/4 of S ;-. �� r .!��- Rg• 22. 2532 T;ck1 Z --r Pkv - " St• Paul, 1 - in. .. i MA i ISSUED BY - COUNTY ABSTRACT CLERK 152 COURT HOUSE ST. PAUL, MINNESOTA Form ABC-IM OFFICIAL RAMSEY COUNTY ABSTRACT OF TITLE L R 8 121 L F R ir. F C R ..T S t a tl-e cp : :,finnesoz,., Of i C ss C^...utitv of Rarrisev• a u. n't y J- i -.0 S 4' :.7 1 71 A- The Ab.s 0 0 - leek of RE-7-tse.- Covn­v- ',%crf-.bv C r -C.* rl appRrant owr)arsl • the preen i_..:-,^,QL e r -,'-ce. o izi ro thc- recalr, tlw- Off A. R e- r! 31 2 11 ox.?:i b% and num-lbern-d One (1) G,_: sa r a 1L. S Patil v _j Cl 4.4, . 7, --,. da of • e t & 0 t CA ock A.�I,, lciab-i-li t ur.d,,--,r this %00 e r t.-L - A r . i c. 2 o. I S to $25e009 Wi ;mess e tiv? liond and semi of Off-*cc.. Ab s t r R c t C I r1t. o P. a ;r= e 0 1 2 tl. �.-�' bvo_ De ti- A7 3 3 ISSUED BY COUNTY ABSTRACT CLERK '152 COURT HOUSE ST. PAUL, MINNESOTA Form ADC•150 MEMORANDUM TO: City Manager FROM: Assistant City Engineer DATE: October 30, 1980 SUBJECT: PETITION FOR SANITARY SEWER ON LINWOOD AVENUE The attached petition for sanitary sewer along Linwood Avenue 1020 feet east of McKnight Road is in Order. More than the required 350 of the affected property owners have signed the petition. less duplicate facilities that This project would more or le p are part of the Hillwood Drive and Dorland Road project. However, since there are still some uncertainties as to whether or not the latter project will be constructed the petition sponsor wishes to proceed with consideration of this sanitary sewer extension. The sewer extension is a Council condition for final approval of the petitioners plat south of Linwood Avenue. It is recommended that the Council order a feasibility study be prepared with the condition that the petition sponsor guarantee the cost of the study in advance. We, the undersigned, do hereby petition the Council of the City of Maplewood to: 1�:. AST l.t tic Y4, S and that the said improvement be undertaken by the Village Council in accordance with the provisions of Minnesota Statues, Chapter 429; and than the cost thereof be assessed against benefitted property as provided by said Chapter 429, OWNER STREET ADDRESS LEGAL DESCRIPTION FRONT- DATE AGr Ire& 7e� Mvot.' d../V i 0 !� t in c31� �� 46f s 5 oj' or zm- s I certify that I have witnessed the above signatures, and the proposed improvements were discussed with the signers. DATA P TITION SPOT S0R :6 i (0117) • I A 0 -14f ran '' - ( 4 C ~ • i� '. �� �� 1 090 a ! , 0 •� , ; � J Lli LP .l.l � . r�. ►1�1 1 4• , � P4! ,••'' 14 .:p zko z o o j r j F 17 _ r L. V ?� I 07.416 �r.it Is0 7s.z1a ;� V A DA L AD D • .�0 5 4 3 Z , Ldj1 ' ►O0 8 r ? a ►s ►19.9 �• . ohm' 00 Q L. v Q IL �• i DAHL' � OF Q � 1 1 1 '� 1 r t IS � e N 0 4 3 � ►�o �s ►os.�i ,1�1. �; � Ito Ir I�w. �e N r -.r i 1 �'h -- � - 1 04 j TO: City Manager FROM: Director of Public Works Z0001AP DATE: October 30, 1980 SUBJECT: SPEED ZONE STUDY - LARPENTEUR AVENUE It is recommended the Council request a speed zone study on Larpenteur Avenue from Rice Street to Parkway DAve. u � d Ramsey County DEPARTMENT OF PUBLIC WORKS 3377 North Rice Street Saint Paul, Minnesota 55112 (612) 484 -9104 October 8, 1980 Mr. Bill Bit tner Maplewood City Engineer 1902 West County Road B Maplewood, Minnesota 55109 Larpenteur Avenue - T.H. 49 to Parkway Drive Divisions of: Engineering Maintenance Mobile Equipment Environmental Services We have received some inquires regarding the speed limit on Larpenteur Avenue from T .H. 49 to Parkway Drive in your city. The subject of the inquires include the existing speed Limit. As you know, speed limits are established by the Commissioner of Highways upon a request by the local government having jurisdiction over that road, in this . case, Ramsey County. County board policy requires a request to review this or other areas of concern prior to their making the necessary request to the Commissioner. Will you please review the area and take whatever action you feel necessary. I look forward to your prompt respond. � Paul Kirkwold, P.E. Traffic Services Engineer Px /iat REcEWED OCT G 81980 55 MEMORANDUM TO: City Manager _ FROM: Assistant City Engineer DATE: October 30, 1980 s SUBJECT: GE RVAI S AVENUE, M . S . A . S . RE DE S I GNAT I ON Since it is the City's intention to apply for State Aid Funds for the construction of Gervais Avenue from White Bear Avenue to Kennard Street a redesignation.of the system must be made. The designation for the east end of Gervais must be removed and the new part of Gervais connecting to llth Avenue must be added. It is recommended that the City Council approve the attached resolution. LIN � I W W ► , z > ► ► + -' EDGE D Ht ° a0• , LL , : o a Z. ' a 2 i cr Uj ►-: ►-- ► VW' H OD e > cn E. DEMO T LA' E I t Area to be add I a I to M.S .A.S , sys em co I E. BROOKS AVE. I , I a i cr cn t I 7-7 _ FOUR ---- - - - - -- ► SEASONS 000 PARK ' p <. >- O J N l l w SE X T N MON T GOMERY w J O WARDS V ^� CENTER N 1 i I►I / i t I t z 1 1 1 + GE RVA IS AVEi x (; GERVAIS AVE. - - --- L --------- - - - - -j %. - - -- - - --� r------------- ,r----- - - - - -- 1 Zi 1 a + Are to be d lete CITY OF MAPLEWOOD MINNESOTA GRA OVf w AVE �' 1 fro M S .A. S. s s e Y GERVAIS AVENUE IMPROVEMENTS (KENNARD ST. TO WHITE, BEAR AVE.) _ r I STREET IMPROVEMENT PLAN SERVICE 0 IVE PROPOSED CURB 9 GUTTER - PROPOSED STREET PROPOSED RIGHT OF WAY LINE STATE HWY. N 36 VIKING AVE. SCHOELL & M ADSON INC. -` 'Engineers 8 Surveyors Hopkins , Minnesota SCALE' I "s 300' OAT E . AUGUST 1979 3 10044 -1 w MEMORANDUM TO: City Manager. A 'y FROM: Public Works Director Finance Director 4 DATE: October 30, 19 8 0 SUBJECT: CANCELLATION OF AMOUNT DUE, COUNTY DITCH 17 Tn T r'1 T /'1 Cr T T It is proposed that the $11,500 due from Ramsey County for supplemental piping at the Goodrich Golf Course Maintenance Yard be cancelled as a credit for repair work on the Ditch 17 system. BACKGROUND J une 16, 1977 J Council approved a supplemental agreement for the County Ditch 17 Project to provide piping and a manhole requested by Ramsey County for the Goodrich Golf Course Maintenance Yard, February 16, 1978 Invoice No. 1468 in the amount of $11,500 sent to Ramsey County March 24, 1978 Date of letter from Bernie Edmonds which indicated that the storm sewer was not properly installed and that payment would be withheld until the work was corrected. April 24 1978 Date of letter to Bernie Edmonds which indicated that $11,500 of work had been completed and that County had misunderstood the extent of work to be done May 19, 1978 Unpaid bill referred to City Attorney for collection. Oct ober 16, 1978 _ Council advised at work session meeting that Ramsey County still hadn't paid the bill and that repairs were needed to the piping. June 1, 1979 At the Council's request, Ramsey $11,500 plus $1,006.25 interest 2/16/78 thru 5/16/79 June 5, .1979 Date of letter from Anthony Crea would be withheld until the work County was rebilled the at 7% f or the period of which indicated that payment was completed. October 30, 1979 Date of letter to Anthony Crea which indicated that City would make the necessary repairs if the County would pay the $11,500 bill. November 5, 1979 Date of letter from Ken Weltzin which indicated that con- sideration was being given to a complete reconstruction of the drainage system because of the new nursing home and re -: pairs would not be needed in this case. October 15, 1980 Date of correspondence from Ken Weltzin requesting Maplewood to cancel the billing to Ramsey County to allow the County to utilize the money for reconstruction of portions of the Ditch 17 system. ANA T.V.q T.q The payment of this bill has been in dispute for some time. The situation was brought about by a misunderstanding during construction of the County Ditch 17 project. Ramsey County officials anticipated a substantially different imbrovement than was actually represented by the $11,500. To further complicate the situation, the drainage ditch in the park maintenance.yard and the overflow structure located on the fairgrounds failed and are in need of reconstruction. The estimated cost of this work is $20,000. In 1979 a tentative agreement was reached which called for the County to pay the $11,500. Maplewood acknowledged its responsibility to repair and maintain the Ditch 17 system. Since that time, the County has decided to construct a storm water piping system to service the nursing home. As part of this project, the failed portions of the Ditch 17 system will be reconstructed. Thus eliminating the need for the City re- pair project. The County Ditch No. 17 construction project fund is still open as their are legal costs pending due to special assessment appeals. (The current cash balance in this fund is $11,940.) The f inancial impact of "writing of f " the $11,500 due f rom Ramsey County would be an increase in the tax levy for re- tirement of the bonds that were issued to finance the project. RECOMMENDATION It is recommended that the $11,500 due from Ramsey County for supplemental work on the Ditch 17 project be cancelled as a credit for repair work. A '' � - " RA MSEY COU NTY October 15, 1980 KENNETH E. WELTZIN Director and County Engineer PHYLLIS F. SPECKER Administrative Assistant RECEIVED 0C'T � s �sao Ramsey County DEPARTMENT OF PUBLIC WORKS 167 Courthouse St. Paul, Minnesota 55102 (612) 298 -4127 Kr. William L. B i ttner Director of Public Works City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 Request for Cancellation of Maplewood Billing County Ditch 17 Storm Sewer System At the time the City of Maplewood constructed the County Ditch 17 project, that portion of County Ditch 17 through the Goodrich Golf Course maintenance yard was an open ditch. Because the open ditch was qui deep, and we believed it presented a safety hazard within the maintenance yard, the County requested Maplewood to revise its plans and specifications to include an underground sewer through the maintenance yard. This revision was estimated to cost Ramsey County $11,500. On October 25, 1977, the County Board established the funding for this work. The work was completed, but I bel i eve there was a misunderstanding as to the extent the pipe would be constructed. In a letter from Berni Edmonds to the County Board dated November 14, 1977, Bernie states he had recommended the installation of the underground pipe through the entire maintenance yard. In reality, it was constructed only halfway. In the spring of 1978 and 1979, severe erosion occurred in the open ditch through the maintenance yard and at the outfall structure adjacent to the race track. This occurrence led to several .meetings , and in your letter of October 30, 1979, you indicated that as a result of these meetings, the Maple- wood Public Works Department "intends to proceed with measures to repair these faciliti incl uding the drainage overflow structure in the fair grounds and the aspha-Vt ditch in the maintenance yard." On November 5, 1979, I informed you that we had been evaluating the drainage from the Nursing Home site and were preparing a proposal to resolve the drain- age problems, I also indicated that we would be negotiating a credit to apply towards the new construction. CITY C: O apa I request the City of Maplewood to cancel the billing to Ramsey County for $11,500 and allow Ramsey County to use that money for the reconstruction and construction of the Ramsey Nursing Home storm-sewer system. Kenneth E. Weltzin, P.E. Director and County Engineer kew : j s CC: Anthony J. Crea, Director Parks and Recreation Department James H . VanHoudt, ' Di rector Budgeting and Accounting rF • CITY 0 Al AF T-L.,EN • y • r 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 •r`• - - `mil DEPARTMENT OF PUBLIC WORKS 770 -4550 October 30, 1979 Mr. Anthony Crea Ramsey County Recreation Department 2010 White Bear Avenue Maplewood, Minnesota 55109 Dear Mr. Crea: This is to confirm our previous conversations concerning County Ditch #17 in the area of the Ramsey County Parks MaintenAnce Shop. It is my position, that the physical condition of the drainage improvements as they now exist are unacceptable. The Public Works Department intends to proceed with measures to repair these facilities, including the drainage overflow structure in the fair grounds and the asphalt ditch in the maintenance yard. At our last meeting on the site, which involved yourself, Commissioner Norgard, B. Edmonds, K. Weltzin and myself, there appeared to be a consensus that it was impractical to make any major changes in the design of the system. Additional improvements, such as adding sub- stantially more piping, would add substantial cost. It was also my understanding that if the City indicated it intended to repair the facilities, a recommendation would be made to the County Board to pay a bill which is currently outstanding for the project. This bill represents changes that were made to the . project at the time of construction. It is unfortunate that there were misunderstandings concerningr this charge and what services it represented. If you have any questions, please contact me* Sincerely, .;_ William L. Bit tner Director of Public Works WLB : o cc: K. Weltzin B. Edmonds b c: D. Lais B. Evans i r i CITY 0 MAPLEWOOD t�3�i() I' lZt )S'I' :��'I;.� t' I: I;S0 5510 DEPARTMENT OF PUBLIC WORKS 777 - 8131 April 24, 1978 Mr. Bernard L. Edmonds Director Ramsey County Park and Recreation Department 2010 White Bear Avenue Saint Paul, Minnesota 55109 Re: County Ditch #17 Maplewood Project No. 74 -18 Dear Mr. Edmonds: With regard to your correspondence of March 24, 1978, 1 have reviewed the City of Maplewood's file concerning the County Ditch #17 project in detail. The exis situation regarding the installation of storm sewer in the Ramsey O County Park maintenance yard appears to have developed from a communications p rob lem . Correspondence from your department indicates that you requested and understood the changes to the Ditch #17 plan to include installation of piping the entire l ength f the maintenance y ard. The City of Maplewood, however, proceeded with g th the understanding that a less extensive change from the original plan was in o P order and obtained rice estimates and eventually changed the contract accordingly. The City's interpretation of what was to be done is reflected by the final project ject and is detailed in the attached supplemental agreement No. 2 to the contract,. It is more than obvious that $11, worth of work has been added to the original contract at the request of Ramsey County and that work in that amount has been accom lished. Had a more extensive plan been implemented in this area, P . the cost would certainly have increased. There is also some q uestion as to whether or not the work could have been completed as you had requested and still provide adequate drainage capacity. I am available to discuss additional work in the area and its financial impact* invoice for $11,500.00 at our earliest convenience would be Processing of the Y appreciated. WLB:o cc: Donald L. Lais, City Attorney •R.. --- Daniel Faust, Finance Director aincereiy� William L. Bittner Director of Public Works - - CITY OF MAPLEWOOD -- - -_ - SUPPLEMENTAL AGREEMENT NO 1 Contractor: Orfei & Sons, Inc. City Project No. 74 -18 Address: 1156 Homer Street M.S•A.S. Project No. S t• Paul, Minnesota 55116 Job Location: _ Storm Sewer - County Ditch 17 -. Watershed This contract is hereby amended as follows: . 1. Addition of approximately 190 linear feet of 48" reinforced con- crete pipe including two (2) long radius bends and one (1) Design J manhole with flat slab" and stool. casting in the open ditch along _ the west fence line of Goodrich Golf Course. Payment for the accepted quantity under this supplemental agreement of Item _ 25039511 48" RCP, 0-8f, CL 2 at the price per linear foot indi- cated in this agreement, shall be compensation in full for all costs for furnishing and installing the 48" RCP complete in place, - backfilling and other resotration work and for the performance of all other work of a special nature that may be necessary. Payment for the accepted quantity under this supplemental agreement of the - Item 2506.508 MH,. Design J, 0-8' at the price per each indicated = In this agreement shall be compensation in full for all costs for furnishing and installing the Design J manhole complete in place, backfilling and other restoration work and for the perfor mance of all other work of a special nature that may be necessary. .�„ Ahe followi letters are hereby referred to and trade a part of this supple,_ vental agreement: - f '. -•�. :Noe '.---�.� _ - - - •. ,�.w. _ _.. •.• , -��. • _ -. - • • •` ` ESTIMATED CHANGE IN COST Unit Item No. Item Unit Price 2503.511 48" RCP, 0-8',, CL 2 L.E. 54990 2506.508 MH, Design J, 0 -8' - Ea. 1117.17 QuantitX Amount 190 10, 431.00 1 1.117.17 ___. - -- -_ -. - --- - • - ^ $11,548.17 ACCEPTED BY: - ISSUED BY: • By: . _. _ _ _ , : __ _ B . or - Title a Date: -- -- RECOMMENDED FOR APPROVAL: CITY DF MA.PLEWOOD CITY OF MAPLEWOOD • • 4 6e Title:- - _ Title:: - - Date: 1 _ - ._ D ate - : APPROVED AS - TO -FORM: _ _ _ _ : _• _: _ _ _ APPROVED BY CITY COUNCIL: • ► r _ _ _ . -. •. -7 r . _r. - _ _ • .• -_ _ -- -- -city . ____.__ __. __ _- • _ - - -- - - Attorney - _ t ... ...__ - - - • -- - - - - Resolution No. • _ es_ - • y • �. r. it - i ..� • _. �..� _ MEMORANDUM TO: City Manager FROM: Public Works Coordinator DATE: October 29, 1980 SUBJECT: BUDGE A DJUSTMENT The approved 1981 Budget contains the sum of $10,000 for-rebuilding brakes and re- bushing the CAT 930 front -end loader. Failure has occurred sooner than expected. The brake system has completely failed rendering this piece of equipment unsafe. The loader is essential to the winter operations of the Street Department. Therefore, repairs should be made as rapidly as possible. It is recommended that the sum of $10,000 be added to Vehicle and Equipment Maintenance Budget, thus reducing. the year -end carry over by a. like amount. It is further recommended that-monies identified for this purpose in the 1981 Budget be deleted.. BC /man Endorse.. ,..�...�, .._ . Moaif2� Red S �. S MEMORANDUM lil� NO& I TO: City Manager FROM: Director of Community Development SUBJECT: Preliminary Revenue Note - - LOCATION: Highway 61 APPLICANT: Hess Kline (Royal Datsun, Inc. - Lesee) Action by . Co ;. PROJECT: Datsun Dealership DATE: October 29, 1980 Endorsop, Ifs. ` V L x Date Re ues t Preliminary approval for tax exempt mortgage revenue note financing. Proposal - .0' 1, The proposal is to construct a D atsun dealership, sel and servicing new and used automobiles. 2. Amount of financing being requested: $600,000 3. Number of employees planned: 52 full time and 3 part -time. 4.- Projected annual sales: $12,000,000 5. Projected annual payroll: $1,230,000 6. Target date for constructi November 7, 1980 7. Target date for completion: April 30, 1981 Past Actions 7- 22 -80: The Community Design Review Board approved the project pla with conditions. !T 8 -7 -80: Council approved a special exception for the Datsun Dealership, with the following conditions: - 1. Water being extended to the site a Z. The drive to Highway 61 shall be closed and access limited to the proposed frontage road at the owner's expense upon completion of the frontage road is I> ■ C o u n c i l ' s Criteria Council adopted the following criteria on October 16, 1980 for - approving tax exempt mortgage revenue notes: 1. The project shall be compatible with the overall deve 1 opmen.t plans of the City, including the Comprehensive Plan, Zoning, and Community Design Review Board standards 2. The project shall not require a significant amount of public expendi tures for City improvements such as roads, sewers, and watermai ns 3. The project shall involve an existing business that the City wishes to .. expand or a new business -which the City wishes to attract: a. Existing business Criteria Any expansion, relocation, or rehabilitation of an existing business b. New Business Criteria 1. Offers significant new employment opportunities, based upon the nature of the use, on a year around basis, or 2. The project involves the rehabilitation of a vacant or scheduled to be vacated structure, or 3. The proposed location i s within a designated development or redevelopment target area, and 4. Possesses a low potential for creating pollution. 4. The number of businesses of the same general nature in the area of the proposed project shall be considered in determining a need for commercial revenue note financing. 6. The note shall be for an issue of not less than $300,000 6. Construction must begin within one year of preliminary approval. Analysis The only concern in meeting Counci 1.' s criteria is with the requirement that there not be "a significant amount of public expenditures for City improvements such as roads, sewers, and watermai ns ." This project will require the extension of water. It is Staff's understanding that the developer will be paying for the water l i n e extension. This was not stipulated, however, in previous approvals. This requirement should be included now to avoid future misunderstandings. 2 P Recommendation Approval on the basis that this proposal is consistent with the . City's e l i g i b i l i t y criteria. Specifically, the proposal would: 1. Be compatible with the planned use and zoning for the site 2. Be a new business that the City wishes to attract. It offers significant new employment opportunities and possesses a low potential for creating pollution. j 3. Provide a service not now available in the area. Approval is subject to the developer paying all significant costs to extend water to his site. Enclosures: 1.. Location Map 2. Property Line Map 3 O • Z : V E 'o W t � --� 16 EAU r J .•: TSONK22w 3 T29NR22W AVE. Xohlmon� / ! o Loke R' 4, Q � � V J r w J e ON I O s o v 0 h � KOHL W AN AVE. i ROAD C s � � _ J W }.� � V Z Z �L Q 1 DE MONT AVF- S. ROOK a V E 61 ?' W ID _ SE XT NT A GERVAI AVE. L.JI�J- ERVAIS •� t. G AKDVIEW Av 36 1 1 VI K INC; Dtt. ce "` r SHERREN AVE OPE AVE. LKRK AVE. LARK AVE ♦; ~ LARK AVE. - J � TY Q C � R LAURIE R0, cc LAURIE RO j Z Z 0, O t = 1 LEIAN l Ign- ZS IS A ff Z AVE. �p JUN TtON AVE. "O" x 64 U RKE cc AYE- �' 8U � KE A qr? ►z ELDRti,G -1 AVE 8 pN DEL MON FT cc AVE. N Y dc < S KILL wt M m AVE. _ MAR Otis • t� ROS WOOD AVE. . - - HESS . KLINE PETITIONER DATSUN DEALERSHIP REQUEST LOCATION MAP r 1 f A 1 : • • r 1 HESS KLINE PETITIONER DATSUN DEALERSHIP REQUEST 2. PROPERTY;) LINE MAP s • ••i •� toy 7 • t _ . ` q /20 - - r 161 12% 040 tr s •• ci , t C G _- J "b.T� c o Ao C• -' J �► •jam b �� � � � G , w 1 t :1J J - ' So t .► ` t •,; ! _ - i _ [/� ••fit r• S ,J �' � `. p • L ' Li ' vC Gtr! N OR AVE :.....-.. •t: ::•:. :.• .•• .• t A • ::...• .. � ... .: :. ::_:_:: •:•:•::= ;: :: ' = ::fit; •: ; 3 �� X. � ' • zt .' • tJ t , 1 HESS KLINE PETITIONER DATSUN DEALERSHIP REQUEST 2. PROPERTY;) LINE MAP r '. a. October 30, 1980 o STAFF REPORT To: City Manag Barry Evans - From: Chief of Police R. W. Schaller Subject: Background Investigation of Off -Sale Liquor License .Applicant.= Marvin Charles Koppen for Mary - Eater, Inc., 1740 Van Dyke Road, dba Party Time Liquors This department has made a background arrest investigation of Marvin Charles Koppen, Box K, LeRoy, Minnesota. We have located nothing that would preclude his obtaining an off -sale liquor license. For your information. RWS : j s cc Liquor File 80- 012278 - City Clerk Deputy Chief Hagen J t > � ♦ s '. !. ; .. fit �J � � ...1 t . �..�.� • � � NOTICE OF H E A R IN G NOTICE IS HMY GIVEN THAT PURSUANT TO ACTION BY THE CITY COUNCIL OF THE CITY OF f"IAPLEV400D, A PUBLIC HEARING WILL 13E HELD ON THE 6TH DAY OF NOVEMBER, 1%O STARTING AT 7:3G P.M. IN THE CITY HALL, aO FROST AVENUE, TO CONSIDER THE APPLICATION OF THE FOLLOWING INDIVIDUAL FOR OFF -SU INTOXICATI11G LIQUOR LICEME NkRVIN CHARLES KoPPEN Box K LEROY, M1NNESOTA 55951 SUCH LICENSE TO BE LOCATES AT 1-740 VANDYKE AVENUE PARTY TIME LIQUORS). f THE COUtVCIL IS PROCEEllING IN THIS MATTER AS OUTLINED UNDER THE PROVISIONS OF CITY ORDINANCE. SUCH PERSONS AS llESIRE TO BE HFARi7 IN REFERENCE TO THIS MATTER WILL BE HEARD AT THE TIMES AND PLACE AS INDICATEU$ DATED THIS 30TH DAY OF SEPTEMBER, 1W. I CLERK CITY OF MAPLEWOOD, ["IINNESOTA PUBLISH: MAPLEWOOD REVIEW - OCTOBER 22 , 1�.' K"R.."ONAL DAVi SITE ET OF N� ^-...x V IN CIL�x ES KOPi'EV Pc=^anent a.,.-'A a ress: .UL1. Leyc)y,T,, _i 55951 T" I�, 1 5 : Bite of e�rz',. , ........•� :1 4 W E.h • • • .. • • • • • . • • • • ♦ • ��� Height . ............. • ..5 -10 Health••s•s••••••••••.•good Marital status , .. • single Occupati.on...up to 5 - 1 -80. • • self employed (hardware store) Educati anal Background: 1971 graduate of LeRoy - Ostander High school 1973 graduate of Austin Jr. College 1975 graduate of Ya.nkato State University f • YTembershlps LeRoy Comercial Club LeRoy A cti on Group LeRov Rod.&Gun Club D. ,) efferson Forum Z 7 L f �:{4 ­ ` s Catholic church �.ct'Vi tj.i "12 president Mower County Mental Health Association rresident LeRoy Comercial Club ]�.'. L. _ , _hc : .tvities 1971 -- present Precint Chairperson of Lelioy 1; 1 -t =resent Mower County Central Committee 19` 2- present Second Congressional Distric Central Committee 19* 2- present State Central Committee 19'16 present Mower' - -County Executive Committee 1976- present Senate Distric 35 Chairperson 1980 Second Congressional Distric Executive Committee Brief Background: I was born in a small 12 bed hospital at Buffalo Center, Iowa, My first six years was spent on the family farm at. Lakota Iowa. In 1959 My F ather bought the Gamble Hardware Store in LeRoy where 1 have resided to.:present • I took over operation of the business after completing college in 1975. The business was then wi�h my brother and father and myself. In june of 1979 my father passed -away. At that point my Mother, brother, and my self - )pperated the business untill June of 1980, At that point my brother took sol,� cvership of the business. Affidavit to City Clerk City of Maplewood, Minnesota - V I do not now, nor have I ever had an interest in a liquor license or a liquor establishment anywhere; nor have I ever had business interests with anyone who has. Wz Marvin C. Koppen State of Minnesota ss. Irw County of iv On th s day of _ A.D. 1980 before me , n a within and f or said County and State, personally appeared UVf ,41 . W 9 to me known, and acknowledge that he executed the foregoing statement as his free act and deed. Notary Public My commission expires MANCS / / /" \ _ !`.01 "..Y PUBLIC / IT H P�l'�' �.�,� �r�o1 RE 1P.N W'iRY 9, 1935 0 + - -- ft'a ,..t ,t FEDERAL REsERYE BANK of MI NNEAPous Form No. CR-6 INDIVIDUAL a /v NAME............ ...... f 7 ......,,1...! ...... .....0 ::....................... ..................................................................................................................................... ............................... ADDRESS ........... ............ .. ................................:................ .................................................................................................................................. ............................... TYPE BUSINM .......................................................................................................................... ......................... .................... 0.0.00000000000.0.0.0 ....................0000....... TO ................ ............................................................................................................................................................................................. ............................... 0.0.............00... For the purpose of obtaining loans and discounting paper with you, and otherwise procuring credit from time to time, I furnish the following true and accurate statement of my financial condition. I agree to and will notify you immediately in writing of any materially unfavorable change in my financial condition, and in the absence of such notice or of a new and full written statement, this may be considered as a continuing statement and substantially correct; and it is hereby expressly agreed that upon application for further credit, this statement shall have the same force and effect as if delivered as an original statement of my financial condition at the time such further credit is requested. s� e 6 FINANCIAL CONDITION AS OF ........................./............... .....................19........ (Fill all blanks, writing "no" or "none" where necessary to complete Information.) ASSETS II LIABILITIES %I - 10 4 7/0 A16 CASH O HAND AND IN BANK ......... ............................... ACCOUNTS RECEIVABLE (less than 90 days old) ........... :MUTES RECEIVABLE (less than 12 months maturity) INVENTORY Finished = Unfinished 2 Raw Material INVESTMENTS (Government bonds and listed securi- ties. See schedule.) ................. ............................... Ifir . V 4j" - e. i �C.. . .. � ~. ................................................... 000...0 .................... TOTAL CURRENT ASSETS REAL ESTATE AND BUILDINGS (Used in business. Seeschedule) ......................... ............................... 'MACHINERY, EQUIPMENT AND FIXTURES ........................ ACCOUNTS RECEIVABLE OR NOTES RECEIVABLE OTHER THAN ABOVE ............................. ............................... INVESTMENTS (Securities owned other than above. See schedule) ........................... ............................... LIFE IN SURANCE: Cash Surrender Value.... .................. PREPAID EXPENSES (Insurance, etc.) ............................ OT ER REAL ESTATE (See ...... 7 1,4 V4 7Z/`"(?J.0/.. /7 14(4 #. 0 40 & . . . . . . ........... ............................... ....00.0...0................... 0........... USANDS HUNDREDS CENTS ! 920 0 0 NOTES PAYABLE To BANK ............... ............................... NOTES PAYABLE OTHER........ ........... ............................... ACCOUNTS PAYABLE ......................... ...........................0000 OWING TO RELATIVES, FRIENDS AND EMPLOYEES............ RESERVED FOR, AND ACCRUED INCOME TAXES ................ �.. RESERVED FOR, AND ACCRUED EXPENSES, OTHER............ ........................................................... ............................... ............................................................ ............ ............ ._... ........................................................ ............................... �o ono r� �o TOTAL CURRENT LIABILITIES MORTGAGES ON REAL ESTATE (Used in Business) ........ M ORTGAGES ON OTHER REAL ESTATE ............................ RESERVES: .........• ................ 1 .. ..........f.................... ..0...0.....................00. TOTAL LIABILITIES NET WORTH ....................................... ............................... 6 poI o 6 TOTAL ASSETS TOTAL LIABILITIES AND NET WORTH DS { HUNDREDS I CENTS .Z/9 X40 6 0 -.0 - --- a D ESCRIBE ANY OF THE ABOVE ASSETS PLEDGED AS COLLATERAL. ....................................................................................................................................... ............................... DESCRIBE ANY OF THE ABOVE LIABILITIES SECURED BY COLLATERAL .............................................................................................................. ............................... . .................. DESCRIBE CONTINGENT LIABILITIES Notes Receivable of Customers Discounted or Sold and Not Included in Assets Enumerated Above, Litigation, etc..................... .................... . ...... .....,..................s ......................................... .............................. so* ... ..,.................... . ....... . ..................... . ...... .... ....... . ........ . ...... ....................................................... PROFIT AND LOSS ACCOUNT RECONCILEMENT OF NET WORTH FOR PERIOD FROM ................................................ To.... .......... 0000. NETS AN. ES........................................................................ COST OF GOODS SOLD.... ................. ............................... GRossPEOnT ................................. ............................... OTHER INCOM ................................. ............................... PROPRIETOR'S COKPENSATION ... ........ ............................... BAD DEBTS CHARGED OFF ................. ............................... DEPRECIATION CHARGED OFF........... ........ ....................... ALL OTMM ExprxsEs.. ..................... ............................... NETPRo OR LOSS ......................... ............................... FOR PERIOD FRoM . ................ ............................To...................... NET WORTH -- Beginning of Period. ..... .......................... N ET PROFIT FOR PERIOD ................ .......................... 0000. OTHER ADDITIONS ............................. ............................... ............................................................. ............................... WrrHDRAWALs other than salary ....... 0 ...................... ............................................................ ............................... OTHER DEDucnoNs ......................... ............................... ............................................................ ............................... NET WORTH AS SHOWN IN THIS STATEMENT ................ (OVER) a if REAL ESTATE --Used in Business and Other DESCRIPTION VALUE II MORTGAGES AMOUNT TERMS &MORTGAGEE U INVESTMENTS DESCRIPTION FACE VALUE MARKET VALUE GENERAL INFORMATION •Where kept, etc.. ...7.... L�, :S 4 ..... ........................... ............................... Bank accounts. p , ., • � ••••••••••••• Accounts receivable less than 30 days =... ...................... 60 days 8......................., 90 days $ .................. over 90 days =......................... Time of year when accounts receivable are generally inaximum. ........................ ............................... minimum............................. ............................... 0 . Inventory: Is statement based on actual or estimated inventory ? ... .........................Priced cost or market?. ............................... ,Amount of consigned goods included _ _ in inventory ... ...................Fire insurance � ....................... Other insurance (describe) .......................:............................ ............................... ........................... Ti me of year when inventory on hand is generally maximum ......... ............................... minimum......... ............................... Describe payable to other banks .............................................................................................................................................................................. ............................... .............................. ................................................................................................................................................................................................................... ............................... Describe payable other ................................................................................................................................................................. ............................... .......................... ...• .......................... ...... ...........•..........•.........•..•.......•.....................................................................•.............•......•.•.......••........................................................ ............................... Describe amounts owing to relatives, friends and employees.. ...................................................................................................................................... ............................... ...................................................................•..................... ............................... 0.............. ............................ ..... ...................... .............. r. r....• 1 ... ....... . ............................... 0 ............. Amount of accounts payable not due S................................ past due =..... ............................... Time of year when liabilities are maximum.................. ...... ............................... .....minimum................... .............................. Are machinery, equipment and fixtures modern ? ........................In good condition? ........................ Insurance: Fire =. ................ .I.............. Other insurance (describe) . ...................................... .......................•......• ...................................................... ..................•............ ..•............•...............•....•......... .............•................. _ ................................ In whose name is title to above real estate held? .......................................................................................................................................................... ............................... Is real estate held in fee simple or leasehold ? ........................... ......................Insurance on buildings: Fire = ............................... Windstorm $ ...................... • -- Other insurance (describe) ............................. .................... ...................... ..... ............... _............................... ...... ................ ... ...................... ........ ............ Remarks and other information:......... ....... ....... •� •••• ••••••• •••• ••••••••• •• .... ... . .... e ........... ........ A ................ . .......... 71.1.4f ....... ........ F. -* Id.. ., . �► ..�`. f f .....� ............. ..�....�' .�" ..:�,�:.�.... ..U....�.�..Q 1. �. �'"...,��.�....,�".� fy �` ..T•........t..........� ...... ............................... ..................................................................... ............................... r. ...... .. ....... ............................. .............. .................................... ..................... .............. ................. 0 ................... ....................... . ................................................ I ........ . .................. . .................. . ........ . ........................... . ..... ........................ .......... ...................... ...................................................... .................................................................................................................................................................................................................... ............................... ............................................ 1............................................................ ............................... ............................................................................................... ............................... ........ ....... 1./ ............................................................................•................. ............................... ....................................•......................................•........................ ............................... . I, the undersigned, hereby certify and declare that the foregoing statement and representations constitute a true and correct account of my financial con- dition as of the date first above given. ��-- �j'' Date sign .... /... . . ..... ... ..... 19 Q (Signature) .... ............. .... ..... .........:................................ ........ ............................... gn ...... Statements submitted to Federal Reserve Bank must either be signed originals or certified copies. If copies are furnished, following certificate must be officially signed by member bank: WE HEREBY CERTIFY THAT THE FOREGOING 18 A TRUE AND CORRECT COPY OF A SIGNED FINANCIAL STATEMENT OF THZ ABOVZ MENTIONED INDIVIDUAL NOW ON FILE IN THIS BANS. (rtAXE OF l[El[BEA BANK) ................... ..................................................................................... ............................... (OFFICIAL SIGNATURE) .............................................................................. ............................... .......... (Title) ( Statements certified by chartered public accountants may, in the discretion of the Discount Committee of the Federal Reserve Bank, be accepted.) (OVER) e 46 i� VILLAGE OF MAPLEWOOD APPLICATION FOR 07O�ICATING LIQUOR LICENSE THIS APPLICATION SHALL BE SUBMITTED IN DUPLICATE. Whoever shall knowingly and wilfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. _ In answering the following questions "APPLICANTS" shall be governed as follows: For a Cor- poration one officer shall execute this application for all officers, directors and stockholders. For a part- nership one of the "APPLICANTS" shall execute this application for all members of 'the partnership. EVERY QUESTION MUST BE ANSWERED 1. I, Marvin C Koppen as Officer = (Individual owner, officer or partner) for and in behalf of MARV - EATER INC . hereby apply for an OFF Sale Intoxicating Liquor License to be located at LT of C) 0 _ A ll) PI VV00 D /�'I /•rim. vy e 40 Z?-1AZJrr%b Al 14 /? T 0 6 in the Village of (Give address and legal description) Maplewood, County of Ramsey, State of Minnesota, in accordance with thet�provisions of Ordinance No. 95 of Maplewood. JP ,0 2. Give applicants' date of birth: 15 July 1952 (Day) (Month) (Year) 3. The residence for each of the applicants named herein for the past five years is as follows: Marvin C Koppen Box K LeRoy, Minn. 55951 f 4. Is the applicant a citizen of the United States? YES If naturalized state date and place of naturalizatio If a corporation or partnership, state citizenship including naturalization of each officer or partner. b. The person who executes this application shall give wife's or husband's full name and address. -- Applicant is single 6. What occupations have applicant and associates in this application followed for the past five years? ,_______Operated the Gamble Hardware store in LeRoy, Minn. the past five years 7. If partnership, state name and address of each partner. If a corporation, date of incorporatio " S .� Q - state in which incorporate ! Nu r S o TA , amount of authorized• capitalization &C-T AC5 S i'H A amount of paid in capital & /n' 7'!�/�sL_ Of if a subsidiary of any other corporation, so sta iv purpose of co oratio �' �./= � &Slves PvPP —C.St give P P rP - flame and address of all officers, directors and stockholders and the number of shares held by each: (Name) (Address) (City) vtol/ CP Ko E4:57 X IfIX-'e4v A! -5tJW'C-' Sir-A-14- rri c e e '4111D tllox 0-9 b 2, � If incorporated under the laws of another state, is corporation authorized to do business in this State? Number of certificate of authority If this application is for a new Corporation, include a certified copy of Articles of Incorporation and By -Laws. 8. On what floor is the establishment located, or to be located? - $ 9. If operating under a zoning ordinance, how is the location of the building classified? Cc� /11 *0 ESC IA �. _ Is the building located within the prescribed area for such license? 10. Is the establishment located near an academy, college, university, church, grade or high school? /1 State the approximate distance of the establishment from such school or churc 11. State name and address of owner of building— K . A 1 has owner of building any connection, directly or in directly, with applicant? 12. Are the taxes on the above property delinquent? �✓� -- 13. State whether applicant, or any of his associates in this application, have ever had an applicatio for a Liquor License rejected by any municipality or State authority; if so, give date and details i NO - - -- l 14. Has the applicant, or any of his associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and detail NO t i i ;a lb. State whether applicant, or any of his associates in this application, during that past five years were ever convicted of any Liquor Law violations or any crime in this state, or any other state, or under Federal Laws, and if so, give date and details NO 16. Is applicant, or any of his associates in this application, a member of the governing body of the municipality in which this license is to be issued? NO . If so, in what capacity? 17. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment in the premises for which license is applied, and if so, give names and details r 0 R/�i F�c' a �v �y�c �2 �y� [ l H.�9 YE �1 �' •r --�.i 18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? NO . Give name and address of such establishmen 19. Furnish the names and addresses of at least three business references, including one bank refer- enc Russell Nobel - .Of the First National Bank, LeRoy, Minn. 55951 one. office 7-324-5481 ame - - Grant H awki_nc. of the First State Rank_ T.eRoy — Minn, 55 -9_51 Phone office 507- 324 -5260 home 507 -324- 5687 Lu Martm of Martz E urnitlire, LeRo Minn. 55951 Phone office 507 -324 -5250 home 507- 285 -1064 20. Do you possess a retail dealer's identification card issued by the Liquor Control Commissioner which will expire December 31st of this year? Give number of sam 16✓a 21. Does applicant intend to sell intoxicating liquor to other than the consumer? NO 22. State whether applicant intends to possess, operate or permit the possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice, gam- bling device and apparatus, or permit any gambling therei NO 23. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establishment? E; 24. State trade name to be us Party Time Liquor's Marvin C Koppen 25. State name of person that will operate store.._ a 26. Give Federal Retail Liquor Dealer's Tax Stamp Number MA IM Fe R s 27. If off sale license is being applied for, do you intend to deliver liquor by vehicle? YE S_-. If ao, state number of motor vehicle permits issued by Liquor Control Commissioner for current year i9 P0. FAR 28. If you are building a new building for the purposes for which this application is being made, please submit plans and specifications with this application. 29. Financing of the construction of this building will be as follows: _ 30. Furnish a personal financial statement with this application. If a partnership, furnish financial state- ment of each partner. 31. Give description of type of operation if this is an on -sale license application (i.e. whether cock- tail lounge, nite club, restaurant, etc., specifying capacity by number of customers and any other _ pertinent data). ------ F F 514 © I V' s y 32. What previous experience have you had in the operation of the type of business described' in the answer to No. 31 above N one 33. Applicant, and his associates in this application, will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner; and all ordinances of the municipality; and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. G (Signature of Applican Subscribed and sworn to before me this d THIS APPLICATION MUST BE ACCOMPANIED WITH YOUR CHECK * FOR THE FIRST LICENSE PERIOD. • N RUSSEII Nps E f OTAP,r P PLrc . ff Sete --- $200.00 - On Sale—$2,000.00) f.0111VTyN��s A afes •v�'•.:1,�^titiwyyhulY 3. 1983 'vtititivyyW ...ter � ♦ - T " .� �.F�Mrr� +41 -_� r a PS 9021 (01) STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BOND NO 4130835 LIQUOR CONTROL DIVISION S URETY COND OFF SALE Nnow all IltPtl bg t4PSP prrunts That We' larvin Konpen dba !4 ry— Eater, Inc. as principal, and Safeco In Comva of America _ , a corporation organized and existing under the laws of the State of W ashine ton and duly authorized to transact a corporate surety business in the State of Minnesota, as surety, are held and firmly bound unto the T (Insert City) o f Tfaplewood County of f State of Minnesota, in the penal sum of One i�lOUS and no/1 00s—(1,000-00)-- dollars, good and lawful money of the United States to be paid to said City o f T --sa nle:vood , 4 innesota (Insert City) for which payment we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our hands and seals this 2 7th day of October , 19 80 . Whereas. The above bounden principal desires to carry on the business of handling intoxicating liquors as an "Off Sale" dealer, in the said Ci tv of Maplewood , !4innesota , and is Insert City) 01 about to be granted a license for that purpose in pursuance with the provisions of Minnesota Statutes, Chapter 340 as amended. •• NOW THEREFORE, The condition of this obligation is such that if the principal shall com with the terms of said license or any modifications, extensions or renewals thereof, and with the provisions of the above entitled act of the legis- lature of the State of Minnesota, and as it may at any time be amended and supplemented, and all other acts and laws of the State of Minnesota, and with the rules, regulations and decision lawfully made and issued by the proper authorities of the State of Minnesota relating thereto, and that if the said principal shall further ay to the said city when due, all taxes, license fees, penalties and other charges provided by law, and that in the event of any violation of the provisions of any law relating to the retail "Off Sale" of intoxicating liquor, such bond shall be forfeited to the said city as in said act provided, and that if the said principal shall pay to the extent of the principal amount of this obligation any damages for death or injury caused by or resulting from the violation of any of the provisions of this act, then this obligation shall be void, otherwise to remain in full force and effect. The surety company consents to be bound by this obligation, notwithstanding any informality in its execution. This bond is for the license period commencing January 1, 1981 and ending December 31 , 1981 Witness our hands and seals this 27th day of October 9 19 80 , Signed, sealed, and delivered in the presence of — olarvin Konpen dba "Marv- Fater, Inn (Seal) BY: (Seal) as to princip (Seal) Safeco ; urance comparty of (Seal) ) �( BY : 0014, as ` °Surety a ce Schrenk, Attorney -in -Fact ACKNOWLEDGMENT OF PRINCIPAL For Individual STATE OF MINNESOTA County of On this __ day of ,19-. 9 before me, a notary public within and for said County appeared to me known to be the person signed as principal herein, and stated that -he signed the same of his own free will and accord. Notary Public U 17 PS 9021 101) STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BOND NO. �1308�5 LIQUOR CONTROL DIVISION S COND OFF SALE _ Wnaw all nice It ti rir prPornts That we Na in unr, ,�Et - - as principal, and Safe T rlauranc Con of America a corporation organized and existing under the laws of the State of Washin and dul authorized to transact a corporate surety business in the State of Minnesota, as surety, are held and firmly bound unto the Cltv (Insert City) of lklaolewood County of Rwzey State of Minnesota, in the penal sum of ione _ -- dollars, good and lawful mousy of the United States to be paid to said City o f Ma plewood s 1 (Insert City) for which payment we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents 27th October 80 Sealed with our hands and seals this day of , lg , Whereas. The above bounden principal desires to carry on the business of handling intoxicating liquors as an "Off Sale" dealer, in the said City of Maplewood , vlirinesot ,and is (Insert City) about to be granted a license for that purpose in pursuance with the provisions of Minnesota Statutes, Chapter 340, as amended. NOW THEREFORE, The condition of this obligation is such that if the principal shall comfy with the terms of said license or any modifications, extensions or renewals thereof, and with the provisions of the above entitled act of the legis- lature of the State of Minnesota, and as it may at any time be amended and supplemented, and all other acts and laws of the State of Minnesota, and with the rules, regulations and decision lawfully made and issued by the proper authorities of the State of Minnesota relating thereto, and that if the said principal shall further pay to the said city when due, all taxes, license fees, penalties and other charges provided by law, and that in the event of any violation of the provisions of any law relating to the retail "Off Sale" of intoxicating liquor, such bond shall be forfeited to the said city as in said act provided, and that if the said principal shall pay to the extent of the principal amount of this obligation any damages for death or injury caused by or resulting from the violation of any of the provisions of this act, then this obligation shall be void, otherwise to remain in full force and effect. The surety company consents to be bound by this obligation, notwithstanding any. informality in its execution. This bond is for the license period commencing I:oyerrber 1. 1980 and ending Deceirber 31, 1980 Witness our hands and seals this 27th day of October ,1980 Signed, sealed, and delivered in the presence of — Marvin Koppen dba . %ry— Eater, Inc. (Seal) B (Seal) ;eal) ;eal) STATE OF MINNESOTA ss. County of On this day of 9 19_ before me, a notary public within and for said County appeared t k t be th A - - o me mown o e perso signed as principal herein, and stated that he signed the same of his own free will and accord. (SEAL) Notary Public County, Minnesota. My Commission expires ACKNOWLEDGMENT OF PRINCIPAL For Individual :i �s F -3 October 30, 1980 _ STAFF REPORT To: City Manager Barry Evans _ From: Chief of Police R. W. Schaller Subject: Background Liquor Investigation for Proposed MGM Liquor Fr_ anchise and Of f -Sale License Applicant Dwight G. Chesnut Please refer to previous Staff Report of September 29, 1980, regarding proposed franchised liquor operations at 1975 E. Co. Road D. The applicant for the proposed liquor license, Dwight G. Chesnut, 215 So. McKnight Road, #106, has no arrest record that would preclude his obtaining an off -sale liquor license. Deputy Chief T. L. Hagen has conducted a further investiga- -tion of this application. A copy of his report is attached. For your information.` RWS : j s cc Liquor File 80 011365 City Clerk T. L. Hagen Director of Community Development L N1 � September 29, 1980 STAFF REPORT To City Manager Barry Evans From: Chief of Police R. W. Schaller Subject: Proposed Franchised Liquor Operations Currently Staff is reviewing a liquor license application for the County Road D and White Bear Avenue area. In the process, we have developed that while an individual is applying, he plans to enter into a franchise agreement with M.G.M. Liquor Warehouse International, Inc., and to operate under that name. This franchise would involve the licensee using M. G.M. Liquor Warehouse name, business counseling and training, purchasing power and similar things in exchange for four per cent of the gross sales fee. The police Staff has met with several of the M.G.M. owners, Patrick Maglich and Terry Maglich, along with their lawyer. They have furnished us with their form of franchise agreement, a copy is attached. �k In inquiring in several communities that they presently have agreements in effect, it appears they have good grades for clean, efficient and acceptable operations. The experience in Bloomington, where Maglichs owned and.operated a successful liquor store operation for a number of years, has been very good according to their officials. Staff checked their store, which is located about a mile west of City Hall, and found a large, clean, neat and well - stocked store. The question arises about the impact this type of operation will have on the present licensed off -sale stores. In Bloomington, within a block of the M.G.M. franchise, there are two small competitors, one of which opened after M.G.M. opened. Bloomington officials .inform us that they all seem to be able to survive in.the same market area. This matter is called to your attention in view of the fact it is ' a new approach to "off- sale" liquor operations, not only to Maplewood but to the industry. Y Within several weeks the City Council will have to consider the license applica- tion involving this approach. RWS: js cc City Clerk Deputy Chief Hagen 80- 011365 Liquor File Action by Council: Endorse Modified Rejecte Date Water Service Location On _ Street NOTE! For finished lot elevations see plot plan. Minimum elevation at top of basement block to be two courses above street grade. THIS PERMIT DOES NOT INCLUDE ANY L (Signed) Engineering Dept. ELECTRICAL, HEATING OR PLUMBING DETAILS OR REMARKS r APPLICATION The undersigned hereby makes application for a permit to do agreeing to do all work in strict accordance with the Unifo m B Applicant's Signature BUILDING INSPECTOR uildi g Work as herein specified, ildi Code. PLOT PLAN PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS OF BUILDING CODE: FINE OF FROM FIVE DOLLARS TO ONE HUNDRED DOLLARS OR IMPRISONMENT FOR FROM FIVE TO NINETY DAYS. IMPORTANT! This permit is issued subject to the following regulations: 1. Building inspector to be notified when foundation forms are completed. 2. Inspectors are to be notified when plumbing and wiring are completed. No plastering, etc., to be done before 2nd insoection. CITY OF MAPLE Permit Fee Double'Fee 1902 East County Road B Surtax MAPLEWOOD, MINNESOTA 55109 a' Plan Check Occupancy .� .:- BUILDING PERMIT N- o 18683 i • /C D r t vewa y `' -! SAC WAC ZONING Sfructure 41� c' � -Y, —Z �, �-' ) Used As_� % :.,1� � �. PAC Date , – TOTAL PERMISSION IS REBY GRANTED RECEIPT NO. Owne �- '� 1 � _ _�►. _ _Address Phone Address - "' l��'�� �� Phon �-" •--� /- — ";� ;' To carry out the work speciried in this permit on the following described property, upon the express condition that said persons and their agents, employees and workmen, in such work done, shall conform in all respects to the provisions of the Building Code. This permit may be revoked at any litre upon the violation of any of the provisions of said code. Excavator BUILD ADD ALTER REPAIR Masonry Contractor Plumber Electric Heating MOVE DEMOLISH Sewer - P lasterer /Drywal{ NUMBER STREET - -- - SIDE �- BETWEEN WHAT STREETS - - L j AREA of LOT ' LOT BLOCK I ADDITION OR TRACT _ - -_ - -- I i . f t 1 FRONT or WIDTH SIDE or LENGTH ! HEIGHT j NO OF `1 CONTENTS CUBIC or - MATERIAL IN FEET IN FEET ,} IN FEET S TORIES I S UA FE ET F N ESTIMATED VALUATION P O CO UCTION -.,/, �c, 3�p 7-5 7 ENGINEERING DEPARTMENT ` Type of Basement: Standard ❑ Walk -out ❑ Split Entry ❑ Other (specify)❑ Sanitary Sewer Wye Locafion on _ Street /Station - ___Inv. Elevation Minimum Basement Slab Elevation Water Service Location On _ Street NOTE! For finished lot elevations see plot plan. Minimum elevation at top of basement block to be two courses above street grade. THIS PERMIT DOES NOT INCLUDE ANY L (Signed) Engineering Dept. ELECTRICAL, HEATING OR PLUMBING DETAILS OR REMARKS r APPLICATION The undersigned hereby makes application for a permit to do agreeing to do all work in strict accordance with the Unifo m B Applicant's Signature BUILDING INSPECTOR uildi g Work as herein specified, ildi Code. PLOT PLAN PENALTY FOR VIOLATION OF ANY OF THE PROVISIONS OF BUILDING CODE: FINE OF FROM FIVE DOLLARS TO ONE HUNDRED DOLLARS OR IMPRISONMENT FOR FROM FIVE TO NINETY DAYS. IMPORTANT! This permit is issued subject to the following regulations: 1. Building inspector to be notified when foundation forms are completed. 2. Inspectors are to be notified when plumbing and wiring are completed. No plastering, etc., to be done before 2nd insoection. PERSONAL STATEMENT Total Current Liabilities: Mortgage on 4 Plex ( see schedule) X93,000.00 X153,$00.00 $245, 800*00 Total Liabilities & Net worth: Name: Dwight G. Chesnut 7 3 9- 7 Slb P.O. Box 315 Uptown Station St-Paul, Minnesota Residence: 215 South McKnight Aprt. # 106 St.Paul, Minnesota Occupation: Project Manager for: (p y3 7 d Construction 70, Inc. 1130 W. Co. Rd. C St.Paul, Minnesota 55113 636 -4394 Birth date: April $, 1943 Armes 37 years old Marital Status: Married to Penni Jo Chesnut— Spouse Mary Chesnut — daughter age 15 Mike Chesnut —son age 12 Assets: Cash on hand and in the banks: $13,000.00 Listed securities— see schedule: $10,$00.00 Chris Craft— 42 Boat $30,000.00 Total current Assets Contract for deed $25,000.00 Real Estate $140,000900 Personal Property $25,000.00 Bonds Series E $ 2,000.00 TOTAL ASSETS: $215,$00.00 Liabilities Accounts and bills due miscellaneous charges: $1,000.00 Subtotal: $ 1 Total Current Liabilities: Mortgage on 4 Plex ( see schedule) X93,000.00 X153,$00.00 $245, 800*00 Total Liabilities & Net worth: Source of annual income: Estimated annual exenses: p Salary $24, 960.00 Bonus & Commissions $15,000.00 Dividends 600.00 Realestate income $13,920.00:.-` Penni Chesnut- (N.W. Bell) $1$,200..00 TOTAL $72,6$0.00 Income taxes: $ $,000.00 Other taxes- realestate: $00.00 Insurance: 1 Mortgages: 9,156. Rent: 3,600.00 All other: 6 TOTAL $29,056.00 N.W. Bell Telephone employee stock plan Penni Chesnut— approx.$ 5,000.00 1400 Astro Com Corp. $ 4, 550.00 100 Contech Corp. $ 1,250.00 4. Plex 3 Bates Ave. St.Paul, Mn. Value: $110,000.00 Rent received: $ 13 Mortgage: To $ 9.1 Guaranty State Bank St.Paul, Mn. Maker: Dwight Chesnut Buyer: Rolland J. Robertson Property covered: Bald Eagle Lakeshore Terms: $300.00/ month 3 year balloon Amount: $25,000.00 Schedule of Insurance: Surety Life: X35,000.00 Term Benef iciary: Penni Chesnut- Spouse Hospitalization: : Blue Cross -- Blue Shield Dental: Delta Dental Income replacement: Surety Life Banks & Credit references: Eastern Heights State Bank St. Paul, Mn. Northwestern National Bank St . Paul , Mn.- American National Bank St . Paul , Mn. Guaranty State Bank St . Paul , Mn. 0 The above statements and schedules are true and correct to the best of my knowledge. Date: September 15, 19$0 Dwi g t G. Chesnut Arrived .Cleare MAP Police Department MISCELLANEOUS REPORT Grid 3. Squad: 5. 4 • Report Received By: T. -Hagen_ 7 1330 Hrs. g � - �� �� � y � 7 Time • ~ i 1 10. How Received: Inv sti ¢ ti • Place of Occurrence: MGM Liquors 6. Phone No.: Time and Date of Occurrence: . Hrs . 120 19_____ 13. Div. Assigned To: 14. Reported By: 15. Address: 16. Name App - Dwight G. Che snut, 215 So. McKnight, #106 17. Name Company name and address -- MGM Li quors , 19 75 E. Co. Rd. D 18. Name Upon reviewing application and personal statement of applicant it was noted liquid assets were not adequate to stock the business. Furth reviewing City of Maplewood Building Permit #18683 it is noted owner is MGM Liquor Lexington and Larpenteur. Furt cost of $75, 000 seems low for amount of work. I invited Mr. Chesnut to office to explain. He adv�s.ed he is securing financing from 1st National Bank of St. Paul for stocking and supplying. Further advised permit w secured by an emp who d not list pro o of property through error. He also stated he no longer -plans the addition at this time. His plan are now to only remodel existing building to enable business to get started, then will add to bu inspring. Chesnut ' is advised to the following 1. G us letter advising where he is obtaining cash as to start up, 2. S ubm it a l etter from Min nesota Teachers Retirement Association over t e' thei bu�,l din�g and c osts, _ 3. Obtain a new build permit — properl ex [] COPY ST. PAUL POLICE COPY TO SHERIFF [] COPY TO STATE CRIME BUREAU Complainant: Victim: 1 . Case dumber 80 -0 1�6 2. Nature of Report Background Liquor Investigation i -HVL L �,lV" V11..�VJ 4 . Outline his plans for mana ement since applicant laps to remain in construction business. Applicant a grees to above . T. Hap, en h . 'X ti t {� t t r F t i t i • 1 i i E } r 1 7 N OT I CL OF H L A R ING (dOTICE IS hLkffiY GIVbi THAT PURSUANT TO ACTION BY THE CITY COUNCIL OF THE CIN OF HAPLEMOD, A PUBLIC HE4R I NG WILL BE HAI.D ON THE 6TH DAY OF NovEMBER, 1980, STARTING AT x :45 P .M. IN THE SIN HALL, 1360 FROST AVENUE, TO CONSIDER THE APPLICATION OF THE FOLLOVrING INllIVIDUAL FOR AN UN SALE Itfl'OXICATING LIQUOR LICENSE: DWIGHT GENE CHESNUT 21.5 SOUTH 1 "ICKIVIGHT RW SUCH LICENSE TO BE LOCATED AT 1y75 EAST COUNTY ROAD D, THE COUNCIL IS PROCEEDING IN THIS MATTER AS OUTLINED UNDER THE PROVISIONS OF CITY ORDINANCE. SUCH PERSONS AS DESIRE TO BE HEARD IN REFERENCE TO THIS MATTER WILL BE HEARD AT THE TIME AND PLACE AS INDICATED. DATED THIS 6TH DAY OF OCTOBER, 1980. �IIY CLERK IN OF lvl LE1WU0D, MINNESOTA PUBLISH: tlApLawi) REv I Ew - OCTOBER 7Z, J.�.�CiO Legal Description Proposed Maplewood Site White Bear Avenue and 1694 That part of the Southeast quarter of the Southwest quarter of Section 35, Township 30, Range 22 described as follows: Commencing at Southeast corner of the Southwest quarter -of Section 35; thence West along the South line of the Southeast quarter of the Southwest quarter a distance 'of 578.12 feet to the center l i n e of White Bear Avenue as now laid out- and constructed, said point being the actual point of beginning of the land to be described; thence continuing West along the South l i n e of said Southeast quarter of the Southwest quarter a distance of 306.80 feet; thence North at right angles a distance of 244.0 feet, more or less, to t he Southerly l i n e of Interstate Highway No. 694 has described in the notice of 1 i s pendens filed as Document No. 1676468) ; thence Southeasterly along said Southeasterly l i n e of Interstate Highway No. 694 a distance of j 298.17 feet, more or less, to the center line of White Bear Avehe, as now laid out and constructed; thence Southeasterly along said center l i n e a distance of 207.90 feet, more or less, to the actual point of beginning except those parts taken for County Road D and for White Bear Avenue. •' i •-�� •f L •�• • • ,. .` 1 •• • . • • • • •:• • . V • •, •. 1 •2 . •�••�•f,••• . r r M•��I,•�l• • • . , -WIND 6 tj JA f4 > fir = .., � ,.. py< <r 1 i� Seem. I • 7� NEW i Qo .: 7 �o Sri '• i 0 . 4f 1 AD 4 ► w a► •mm-•/Ai %Mumm .. . _t • �.• , Aar . .�.�.. . . . . . . { • +..�• Ao- «. •� -• 4 7 g T u. Nt 10 am 1 • .. .._ ....... —... • r a . E... �� DD � N . d• t 1 • 1 FS .—A-0 5 2,. Fo TO TA Le • - - --- S TRY• S 7-7. O TA... • w ` •• • • •• i' •• L �. 7 ••• • mum e • • . • . • •• 1 t 0 r CITY OF MAPLEWOOD APPLICATION FOR E\TOXICATING LIQUOR LICENSE THIS APPLICATION SHALL BE SUBMITTED IN DUPLICATE. Whoever shall knowingly and wilfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. In answering the following questions "APPLICANTS" shall be governed as follows: For a Cor poration one officer shall execute this application for all officers, directors and stockholders. For. a part- nership one of the "APPLICANTS" shall execute this application for all members .of the . partnership. EVERY QUESTION MUST BE ANSWERED 1. I Dwight G. Chesnu as Individual owner (Individual owner, officer or partner) for and in behalf of a • M • L- '`-� hereby apply for an off Sale Intoxicating Liquor License to be located at 1975 E. County Road D in the City of ( Give address and legal description) Maplewood, County of Ramsey, State of Minnesota, in accordance with the v of Ordinance No. 95 of Maplewood. .2. Give applicants' date of birth: �.�� wt. 6 n �'11. w ter..` � I- • A (Day) (Month) (Year) S. The residence for each of the applicants named herein for the past five years is as follows: 215 South McKnight Apt. #106 St. Paul, MN 2 years 1420 Birmingham St. Paul, MR 5 years 4. Is the applicant a citizen of the United States? Yes If naturalized state date and place of naturalizatio ._ If a corporation or partnership, state citizenship including naturalization of each officer or partner. s b. The person who executes this application shall give wife's or husband's full name and address..... Penni Jo Chesnut 215 South McKnight St. Paul, MN 6. What occupations have applicant and associates in this application followed for the past five years? Gener Contractor - Co mmerc i a l Construction 1 ..J r- . t*' A+ v+ 9'' xrr+ihmfCd'a�la»nrRdY.+oe+.. r 1 . it a 7. If partnership, state name and address of each partner. N / A If a corporation, date of incorporatio N A — , state in which incorpora , amount of authorized capitalization amount of paid in capital - if a subsidiary of any other corporation, so sta - give purpose of corporatio name and address of all officers, directors and stockholders and the number of shares held by each: Dwight G. Chesnut 215 South McKnight Apt. #106 St. Paul, M (Name) (Address) (City) �f If incorporated under the laws of another state, is corporation authorized to do business in this State? N /A . Number of certificate of authority If this application is for a new Corporation, include a certified copy of Articles of Incorporation and By -Laws. 8. On what floor is the establishment located, or to be located? f i r s t 9. If operating under a zoning ordinance, how is the location of the building classified? B 3 Yes - . Is the building located within the prescribed area for such license? 10. Is the establishment located near an academy, college, university, church, grade or high school? NO State the approximate distance of the establishment from such school or churc h��___- ...._ Minnesota Retirement_ - Tea ' A s s o c i a t i 11. State name and address of owner of building ; has owner of building any connection, directly or in- directly, with applicant? N o 12. Are the taxes on the above property delinquent? _ - 18. State whether applicant, or any of his associates in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so, give date and details No 14. Has the applicant, or any of his associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and detail N o Y } l 15. State whether applicant, or any of his associates in this application, during that past five years were ever convicted of any Liquor Law violations or any crime in this state, or any other state, or under Federal Laws, and if so, give date and details None 16. Is applicant, or any of his associates in this application, a member of the governing body of the municipality in which this license is to be issued? No -- If so, in what capacity? ~ 17. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment in the premises for which license is applied, and if so, give names and details First Bank St. Paul 18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? N o - Give name and address of such establishmen 19. Furnish the names and addresses of at least three business references, including one, bank refer- en ce Construction 70, Inc. 143 W. County Road C St. Paul, MN 5 5113 Hunt Electric Bob Ti ler President 2300 Territorial Rd. St. Paul 55114 Eastern Heights State Bank 2100 Wilson Avenue S.t. Pau1,MN 55119 20. Do you possess a retail dealer's identification card issued by the Liquor Control Commissioner which will expire December 31st of this year? Give number of sam N o 21. Does applicant intend to sell intoxicating liquor to other than the consumer? No 22. State whether applicant intends to possess, operate or permit the possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice, gam - bling device and apparatus, or permit any gambling therei N o 23. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establishment? NO F 24. State trade name to be u sed - r Dwight G. Ch esnut 25. State name of person that will operate store.. M ~ 26. Give Federal Retail Liquor Dealer's Tax Stamp Number. To be applied for. i N• ♦ 1 .- 9. h'�.` S�•�J4'7 +3i" < r 27. If off sale license is being applied for, do you intend to deliver liquor by vehicle? N° If so, � tate number of motor vehicle permits issued by Liquor Control Commissioner for current year 28. If you are building a new building for the purposes for which this application is being made, please submit plans and specifications with this application. 29. Financing of the construction of this building will be as follows: Minnesota Retirement Teacher Associati t 30. Furnish a personal financial statement with this application. If a partnership, furnish .financial state - ment of each partner. 31. Give description of type of operation if this is an on -sale license application (i.e. whether cock - tail lounge, nite club, restaurant, etc., specifying capacity by number of customers and any other pertinent data) N/A — - r r 32. What previous experience have you had in the operation of the type of business described in the answer to No. 31 above N/A 33. Applicant, and his associates in this application, will strictly comply with all the laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner; and all ordinances of the municipality; and I hereby certify that I have read the foregoing questions and that the answers to said questions . Kok W � ROTARY PU13LIC— MINNESOTA pAMSr COUNTY 1 M �:. E ^mac T Aiy 3. In? , t v •.ti' ••titi * (Signature of Applicant) Subscribed and sworn to before me this � day a of 19 � THIS APPLICATION MUST BE ACCOMPANIED WITH YOUR CHECK FOR THE FIRST LICENSE PERIOD. - - -- --- - - - -,-- --- - -- - -- .- - - --- - -- -- - - -- - - - -- � - - - - --- - -- -- - - --- - - -. - -- - - -- - - ---- POWER OF ATTORNEY (Irrevocable) N2 2 166816 R t� Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes .executed, but may be detached by the approving officer if desired. That Western Surety Company, a does hereby make, constitute and appoint p ''.� in the City of E. "'' State of r`' l'='= `� TA with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, one of the following bonds. An ORI GINAL b ond required by Statute, Decree of Court or Ordinance for: MAXIMUM PENALTY (A) AWMINISTRATOR CONSERVATOR CURATOR EXECUTOR PERSONAL REPRESENTATIVE GUARDIAN TRUSTEE -- (Testamentary Only) $1,0009000.00 SALE OF REAL OR PERSONAL PROPERTY —When this company has qualifying bond or when it is a separate bond for accounting of proceeds of sale only COMMISSIONER TO SELL REAL ESTATE REFEREE IN PARTITION , TRUSTEE OR RECEIVER — In Bankruptcy (Excluding Chapter 11) (B) N OTAR Y FIICiAL AND DEPUTIES o , $ 50,000.00 RECEIVER — (In State Court Only) (C) PLAI COURT BOND. except bonds prohibited by "Note" Below $ 10,000.00 (D) COST ON APPEAL ) EXCLUDING OPEN PENALTY, REMOVAL OF CAUSE) STAY, SUPERSEDEAS OR $ 2,000.00 GUARANTEE OF A JUDGMENT (E) LICENSE A PERMIT Except bonds where the state is the obligee $ 10,000.00 SPECIAL FUEL USE $ 1 (F) ANY BOND OR INDEMNITY provided there is attached to this Power of Attorney, written authority in the form of an endorsement, letter or telegram, signed by the Chairman of the Board, President, Vice - President, Secretary, Treasurer or Assistant Secretary of Western Surety Company specifically authoriz- ing its execution. DOTE: SU PERSEDEAS, OR OPEN PENALTY OR STAY BONDS ON APPEAL OR GUARANTEE OF JUDGMENT, OR BAIL BONUS OR CONSTRUCTION BID Olt CONTRACT BONDS, OR BONDS FOR DEFENDANTS ARE NOT AUTHORIZED BY THIS PO«'ER OF ATTORNEY, except as provided in Section (F). WESTERN SURETY COMPANY further certifies that the following is a true and exact copy of Section 7 of the By -Laws of the Western Surety Company, duly adopted andd now in force, to -wit: "Section 7. All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice President~ Secretary, any Assistant Secretary. or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies. or bonds, undertakings in the name of the Company. The corporate seal is not necessary for the validity of any policies. undertakings or other obligations of the corporation." Dated this 30th day of November. 1979. WESTERN SURETY COMPANY ATTEST Assistant Secretary By STATE OF SOUTH DAKOTA President County of Minnehaha I as On this 30th day of November, 1979, before me, a Notary Public, personally appeared JOE P. KIRBY. who being by be duly sworn, acknowledged that be signed the above Power of Attorney as President of the said WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act t►nd deed of said corporation. My commission ",AM � May ZO ig 6b Notary Public, South Dakota - I. the undersigned officer of the Western Surety Company. a stock eorporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is Irrevocable; and furthermore. that Section 7 of the By -Laws of the company as set • forth in the Power of Attorney. Is now in force. ll,th In testimony whereof. I have hereunto set my band and the seal of the Western Surety Company this • day of September , 19 80 WESTERN SURETY COMPANY *IMPORTANT: This date must be filled in before it is attached to the bond and it must be the same date as By the bond. i President -------------------------------------------------- - - - - -- ----- - - - - -. i -:a s N y PS 9021 > STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BOND NO. LIQUOR CONTROL DIVISION SURETY COND OFF SALE w naw all turn b t for prornta we _ Dwight Chesnut as principal, and W estern Surety Company _ , a corporation organized and existing under the laws of the State of Minn.e..so a and duly authorized to transact a corporate surety business in the State of Minnesota, as surety, are held and firmly bound unto the • (Insert City) of Maplewood County of Ramsey State of Minnesota, in the penal sum of Once Tho /_1 0..----------- dollars, good and lawful money f the United States to be paid to said city of Maplewood y (Insert City) for which payment we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 11th September ,19 8 0 Sealed with our hands and seals this day of • Whereas. The above bounden principal desires to carry on the business of handling intoxicating liquors as an "Off Sale" dealer, in the said c i ty of , and is (Insert City) sib - that purpose in pursuance with the provisions of Minnesota tt;tutes, Chapter 340, as am cja� w C.nr.`rr tsewes t Q ERtT/4;1j;ie ~Eondition of this obligation is such that if the principal shall comply with the terms of said lic s� o'ff i > ifiaatio extensions or renewals thereof, and with the provisions of the above entitled act of the legis- lat e'i�� St4te- it may at anytime be amended and supplemented, and all other acts and laws of the thorities of the sassotu *. n St * s 4-mu . , with •thevuies, regulations and decision lawfully made and issued by the proper au State of Minnesota relating thereto, and that if the said principal shall further ay to the said city when due, all taxes, license fees, penalties and other charges provided by law, and that in the event of�any violation of the provisions of any law relating to the retail "Off Sale" of intoxicating liquor, such bond shall be forfeited to the said city as in said act provided, and that if the said principal shall pay to the extent of the principal amount of this obligation any damages for death or injury caused b or resulting rom the violation of any of the provisions of this act, then this obligation shall be void, otherwise to remain in full force and effect. The surety company consents to be bound by this obligation, notwithstanding any informality in its execution. This bond is for the license period commencing September 11 th, 19SO and ending continuous Witness our hands and seals this I Itl da of . 'R Pr t amber - -- ,19 $Q• Signed, sealed, and delivered in the presence of — (Seal) ]Tw ightrNChesnut (Seal) C�C *_ , b V (Seal) as to print• al (Seal) 022 as to we 9 ff Western Surety Attorney In Fact Brigitte M. Kalland ACKNOWLEDGMENT OF PRINCIPAL For Individual STATE OF MINNESOTA a . County of Anoka On this 11th d o f September , 19 gQbefore me, a notary public within and for said County appeared Dwight Chesnut -- to me known to be the person signed as principal herein, and stated that he signed the same of his own free will and accord. 17Ya&IMd 3 +N Notary Pu c �3rt! a• .1. KALLAND �► F NO t AR r r �.eC • MiNNE�OTA County, Minnesota. ANO, :A COUNTY 1 9. (SEAL My Commission Expires Fab. 17. IM'► My Commission expires i i vi M E M O R A N D U M TO: City Manager - FROM: Director of Community Development �Act T, SUBJECT: Preliminary Plat :a LOCATION: G a l l Avenue and McKnight Road��' APPLICANT /OWNER: Ti 1 sen Homes , I nc.j..�:, PROJEff : Robert Ti l sen' s Maplewood Heights No. 11 DATE: October 1, 1980 •W , Request Approval of a preliminary plat to create four new lots on Gall Avenue. Site Description 1. Refer to enclosed maps for Tocati on, existing property lines, and proposed l dimensions. 2. The existing parcel is bounded by Gall Avenue on the north, Mckni 9 ht Road on the west, and Lydia Avenue on the south. The Applicant is proposing to pl four lots onto Gall Avenue. The balance of the property would be a buildable l with frontage on McKnight Road and Lydia Avenue. 3. Gross acreage of plat: 1.7 acres 4. Net Acreage.- 1.5 acres 5. Existing Land Use: Undeveloped 6. Easements: The north 25 feet of an NSP transmission easement runs across the south end of the pl at. Surrounding Land Uses Northerly: Gall Avenue and the back yards of homes fronting on County Road D Easterly: A single - dwelling home Southerly: The remainder of the existing parcel Westerly: McKnight Road and undeveloped land Past Actions 5- 26 -77: Council approved the preliminary plat for Robert Ti 1 sen's Maplewood Heights No. 9, which included the south hal f of the subject property. 10- 13 -77: Counci 1 approved a l division for the parcel adjacent f-b propos ed Lot 4. 5 -1 -80: Council held a hearing on the construction of street, watermai n , and sew on Gall Avenue. Council ordered only 360 feet of watermain easterly from McKnight Road, Pl anni ng 1. Land Use Plan Designation: Rm, residential medium density 2. Density: 11.3 people per net acre 3. Zoning: R -1, residence district (single- dwelling) 4. The meets all City Code requirements. There are no significant environmental limitations to development. A problem may develop during construction if site grading is extensive and erosion is not controlled. This could cause sediment damage to the wetland south of property, resulting in decreased s tormwa ter • • storage capacity i n the basin and dimi shed flow capacity i n the outlet. • Public.Works 1. Sanitary sewer is available. 2. Water must be extended from McKnight Road, 3. Drainage of the site is southward by overland flow, to a small wetland located south of the power l i n e and east. of McKnight. This wetland outlets via storm sewer to a stormwater storage pond north of Beath Avenue and east of White Bear Avenue. Flows, again via storm sewer, then go to the Hazelwood park pond and on to Kohlman Lake. 4. Gall Avenue is a 16 foot wide paved street - substandard in width and condition. Comments from other Agencies 1 The Soil and Water Conservation District recommends ap of pp the plat, subject to implementation of the erosion control measures recommended in this, report. 2. The engineer for the Ramsey - Washington Metro Watershed District s tates , that, "It appears that the plat w i l l be consistent with the District's hydrologic and hydraulic concerns." Recommendation Approval of the preliminary plat, with the following conditions ons to be m f et be final approval 1. Approval of a final grading and drainage plan by the City Engineer. Such l an . shall b in . p general. conformance with the following l owing gu i del � nes . a. Areas opened by grading and to remain disturbed longer than one week should be covered with a straw mulch applied at the rate of 70 -80 bales P er acre. b. If the area is to remain open longer than 60 days, a tem orar seedi should Y � p y g. be applied prior to mulching as follows: early spring to Ju 1: 1 bu of oats /acre July 1 to October 15: 12 bu of rye /acre October 15 thru winter: use mulch only . i c. Permanent vegetation should be established immediately upon rompl eti on of final grading. This can be done by seeding or sodding . If areas of sand and gravel are encountered, topsoil should be mixed into the stop 8 - 0 inches of this material prior to establishment of permanent vegetation..- - 2. Submission of a signed developers agreement for the extension of _ v►later to be approved by the City Engineer. Enclosures 1. Location Map 2. Property Line Map 3. Plat Map (6- 18 -30) 3 I'OAD MAPLE LANE IlEk iL MAPLEVIEW AVE FIF--] 0 F C7 (I.) MAPLE LANE 68 (2 .) CHI PPE WA CIRCLE (3.) CHIPPEWA AVE. cc NORTH ST. PAUL W JJA > KOiiLMAN VE. '3 � 23 { 2640 No EDGEHILL RD. 65 A V E_� _ AV �� Ilth AVE. t AV AIS AVE& 2400 N• ASTLE av C 5 ER EN AVE OPE AVE. AVE c= W 0 Y Q U X20 ROBERT TILSEN PETITIONER PRELII+IINARY PLAT REQUEST (1) N. LAKEWOOD DR � (2) N. MEYER CT. (3) BRENWOOD CURVE (4) E. BRENNER AVE WHITE BEAR LAKE (s) N CHIPPEWA CT. 68 (6) N. BARTELMY LA. (7) N. MARY CT. -�n 1. LOCATION MAP , T 3 Ow 35i3� 0 z R22W 1 6 R2t* V 0 T2�N Z I � Q1 Q cn 19 3 69, r. IV O U N T �- ---:- "blf- T ct '13 Af - - I m S4 1; fir e, "Ito I V4 l P E T ITI ONER ROBIERT'TILSEN PRELIMINARY PLAT [REQUEST___ >' ?_ 6 i -,ROAD lw 17 7.9 5) ESMT m r - • . � ` " _ . � • — -- — GALL • . _ _ _ " —• -- — 4 t 2 . Q 9 -- -- — A VL /V tl E . • - • 44; • 1 & 4 T BA4-i • • -�.r • '+t - •j f w - ' ' _ ' • - ; v - ' • ' Z . -- - •. ..... �..rc3 .r�' i ' i�,�'i �T � ?�`• ..-� _ _ ..J.r..•.....rr� i ... "/ ce u s c _ ► ++r. +�A.- .'iii _ ' .+ ^ ' - • _ '"1'•`: •' _ et_.: = O _ a - __ - _ s - __ J► "' .U. •ar. i.. ,. rJ�= +•'�� v'�.:T..s w '1�: Z .._ � � ._ �� t _..._ - . _• 71r3. 1''.. � .. . '. — •�'�� • j.,. ` - -�". e'er -u. ti ♦ - w6'`� - ate"` Q � - _ _ • - - . � ' r NOR EJw R I cs r 00" WAY L /Al OF 1 _ .V. S. P. TRAnt'SM/SSIoN i.AS MFJVT _ 1 Z ,ao 91 9t 91 J N 88 6 50� W - W -- N _ g •. .•. _ 4O. vViDE RcAb .EASE lit ENT 5WTNEAN RIGHT OF Wgl( LINE OF N.S.P. TRIu►SMiSSION G�sEMEJVT 1MEST LINE eF SEL t , T, 29 , It.'Z • i 40' vwlbE ROAp EASEMEN - r I EAST LYDIA AVENUE a i Yfl'E� : _ . Q TOTAL LAN& AREA - 1.7 Ac rr4. { Z.) TOTAL /Y dEft OI: UN - • 3) 4LL Lor DIMENSIeNS ARE SCALED TO T►f tit F.A RE'ST ONE FOOT. 4•) W#OVA1wE ANC &f riL/T'r EASEMENTS WILL BE PJR/*V'oED wJI4(.*JL RE46J "4N& AlEGlSSARY. MAPLEWOOD CITY COUNCIL NOTICE OF PUBLIC HEARING REGARDING A PROPOSED SUBDIVISION OF LAND 1 1 Notice is hereby given that the Maplewood City Council has decl ared a public hearing for November 6, 1980 at 8:00 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue, Maplewood. The purpose of said hearing is to consider all public remarks regarding a proposed land subdivision plat proposed by: SUBDIVIDER: Ti 1 sen Homes, Inc. DESCRIPTION: NUMBER OF LOTS PROPOSED: 627 S. Snelling Avenue St. Paul, Mi nnesq'ta 55105 A 1.7 acre parcel located at the southeast corner . of McKnight Road and Gal 1 Avenue. Four dwelling lots ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD ,y B. Preliminary Plat: Ti 1 sen's 11th Addition Secretary Olson said the applicant is requesting approval of a preliminary plat to create four new lots on Gall Avenue. Staff is recomrnendi ng approval as outlined in their report. The Ci =ty Clerk, has indicated the deferred • assessment has been levied on the tax r o l l s , Chairman Axdahl asked if Gall is actually considered an approved street for development. r Secretary Olson said it is a paved street, the Council di d- have :_'a: feasibility study prepared on the upgrading of Gall, they chose not to do the work, Robert Tilsen discussed the staff's recommendation with the Commission. Commissioner Prew moved that the Plannin Commission recommend to the City Co un c il a ro yal o f the re imi na ry_ plat, wit the fol lo wi nq_ conditions to be met before final ap oval: 1. Approval of a final grading and drainage plan by the City Engineer. Such plan shall be in general conformance with the following: a. Areas opened by -gradi ng and to remain disturbed longer than one week should be covered with a straw mulch applied at the rate of 70 -80 bales per acre, b. If the area is to remain open longer than 60 days,, a temporary seeding should be applied prior to mulching as follows: early spring to July 1: 1 1/2 bu o.f oats /acre July 1 to October 15: 1 112 bu of rye /acre October 15 thru winter: use mulch only c. Permanent vegetation should be established immediately upon completion of final grading. This can be done by seeding or sodding. If areas of sand and gravel are encountered, topsoil should be mixed into the top 8 - 10 inches of this materi or prior to establishment of permanent vegetation. 2. Submission of a signed developers agreement for the extension of water to the site be approved by the City Engineer. Commissioner Kishel seconded Ayes - all . MEMORANDUM �r: �' TO: - City Manager FRO_ M: Director of Community Development � y Y � ,� - i R - 1 Zones .�� G c��. �sl � ,� �. � � SUaJECT: Code Amendment Double Dwellings n DATE: September 15, 1980 ✓ r '! ..r �.•.C'li .r.+C.it►'� faSJar'1QY?!:.aw - iRf: II. Tho Drnhlom The City Council has asked the Planning Commission for a recommendation on the location of double dwellings, in R -1, Single Dwelling Residential zones. City Policies 1. The Comprehensive Plan states that the Low Density Residential classification is "designed for a mixed variety of single family housing styles with an occasional interspersing of double dwellings" (p. 143) 2. The Planning Commission is recomrlendi ng that this section be revised in the Plan update to read as follows: "An occasional double dwelling may be allowed by special use permit, where specific criteria listed in the zoning ordinance are met for location and design" (p. 151)* 3. The R -1 and F, Farm Residence sections of the Zoning Code state the following. "Two - family uses including all structures and l and .elements that meet R - double dwelling district standards, may be permitted by a special use permit. Al property owners withi 350 feet shall be notified of the public hearing. It being the intent of this procedure to allow an occasional intersp of the double dwellings in R - 1 and Farm Residence dis tricts that are con- sistent with the Comprehensive Plan". Other Ci Policie The majority of Cities in the enclosed survey require a rezoning to build a double-dwelling in a single-dwelling neighborhood. The rest allowed them by special use permit. Only two of the five cities using special use permits had written criteria. These criteria, however, were for special use permi in general and do not specifically apply to double -dwellings. Past Actions Prior to 10 27 - 77, the City Counci allowed double dwellings in R -1 zones only by rezoning to R -2 Double D w e l l i n g . Thirty —three double dwellings have been constructed in R -2 zones.. One additional building is under construction. F 10- 27 -77: Counci 1 P assed an ordinance allowing double dwellings in Farm and R -1 zones by special use permit: . 4 "9 USE REGULATIONS. In this R-1, re.s i dence di s ti rct, no building or land shall be used and no . bui 1 di ng shall be erected, converted or structurally altered unless otherwise provided Kerei n except for one or more of the following uses: 8. Two-family uses 1 ncl udin 9 all structures and land elemenis that meet R -2 double dwelling district standards, may be permitted by a special use permit. All property owners within 350 feet shall be notified of the public hearing. It being the intent of this procedure to allow an occasional interspersing of the double dwellings in R -1 and farm residence districts that are consistent with the Comprehensive Plan." The special use permit was approved for three reasons: 1. It avoids "spot zonings" for double dwellings 2. It allows the City to attach conditions to the permit that may ensure compatibility with single - family homes 3. It is easier to process, in that a petition is not required and it can be approved with a majority vote, rather than the 4 -1 vote required for a rezoni ng 12-8-77: Council approved a special use permit for a double dwelling north of 1774 McMenemy Street, subject to the following conditions : 1. Approval by the City of a lot split 2 . Submission of a survey verifying that the new-lot l i n e will not violate minimum required setbacks 3. Compliance with all Building and Fire Codes 4. Construction of driveway turn- arounds 5 Agreement to ' the above in writing There was no neighborhood objection. The double dwelling has not been built. 12 -7 -78: Council approved a special use permit at 1899 Phalen Place for one year to maintain a double dwelling in a single., residential zone. There were two neighbors in opposition. Staff has delayed bringing this to the Council for renewal, until the moratorium is lifted and new guidelines established. There were two neighbors in opposition. 1=18 -79: Council approved special use permit to construct a double dwelling PP a on Larpenteur Avenue, west of Clarence Street. There were four residents in opposition. 2 2 -1 -79: Council approved a special use permit to construct a double - dwelling at Mi nnehaha Avenue and Ferndale Street, subject to the condition that, "The ' Natural drainage channel not be obstructed or modified in any manner without the approval of the City Engineer. A grading plan with sufficient flowage easements shall be required to be submitted for approval, before issuance of a building permits" - There were three neighbors in opposition. The building has not been constructed. 3-1 -79 : Council approved a special use permit to convert a single -dwel 1 i ng home i nto a duplex at 1644 f4yrtl e Street, with the condition that the house be brought up to Building Code standards. There was-no neighborhood opposition. 4- 19 -79: Council approved a special use permit to convert a single family dwelling into a duplex at 2607 N. Ari el Street, with the condition that four off- street arki n spaces be provided. There was no neighborhood opposition. P 9 . 8-2-79: Council approved a special use permit to construct a dou.bl e -dwel 1 i ng at Mi nnehaha and Mayhi l l Road, with the condition that driveway turn arounds be constructed. There was no neighborhood opposition. The building has not been constructed. 9-20-79: Council approved a special use permit to expand and continue use of an existing duplex . at 865 N. Century Avenue, subject to: 1. The provision of a driveway turn around 2. Meeting fire and life safety codes Two neighbors were in opposition. 12-6-79: Council rezoned 486 -488 Eldridge Avenue from R -1 to R -2 to allow the construction of a double dwelling. There were six neighbors in opposition. 1 -3 -80: Council established a moratorium on the construction and issuance of building permits for double d w e l l i n g s i.n R -1 zones for a period not to exceed one y ear. The moratorium was established after considering a special use permit for the construction of a double dwelling at Payne and Rosel awn Avenues. There were mainy neighbors in opposition. 2 -7 -80: Council referred the special use permit at Payne Avenue and Rosel awn Avenue to the Planning Commission. 8 -7 -80: Council referred the moratorium to the Planning Commission. Al terna ti ves 1." Amend the R -1 and F districts to delete the section allowing double dwel 1 i ngs y b special al use permit. t. Double dwellings could then only be permitted in R -1 or _ P F districts by rezoning. - 2. Continue to allow double-dwellings by - special use permit, bui add specific- criteria for location and design. 3 Analysis Past history in Maplewood has shown that double-dwellings have a place in R -1 zones. Some act as a buffer, between single-dwelling homes and apartments. Other double dwellings are located in the middle of single - dwelling neighborhoods. They appear to be compatible with. these neighborhoods and in some cases are better maintained than the average single - dwelling house in the area. Enclosed is - a list of the double dwellings in the City and a map with their locations. Coynci l should try to vied' some or all of these homes -to get a fi=rst hand look at the situation, The two alternatives for approval of double-dwellings in R -1 zones are rezonin and special use permit. A rezoning would require a petition by neighboring property owners or Council initiation and at least a 4 - l vote for approval. A special use permit does not require a petition and may be approved by a simple majority. The rezoning would, therefore, make it more difficult to put a double dwelling in an R -1 zone and would, therefore, be less desirable for future double dwelling builders. The petition would be an advantage to Council in giving an early indication of neighborhood support or opposition. An advantage of a rezoning is that it is easier to defend a denial in court, than a special use permit. (See enclosed memo from the City Attorney) . Developers, however, may not go to court, since court costs and lost time may not justify the increased profit from a double -dwel ling. A disadvantage of a rezoning is that Council could not control the design of the building to assure compatibility with the neighborhood, unless the Community Design Review Board ordi.nance was amended to include double-dwellings, Most of the cities in the enclosed survey require a rezoning. Although, those cities using special use permits have not had any difficulty. The previous Council that adopted the special use permit procedure felt that an occasional double- dwelling in an R -1 zone was acceptable. This Council 1 seems to want more control based on their reaction to the request for a double - dwelling at Payne and Rosel awn Avenues. Substituting a rezoning procedure for the special use permit procedure would, therefore, be the best solution. I would, however, encourage Council to approve rezoni ngs- for individual double dwellings where they would be compatible with the neighborhood, Recommendations I. Rescind Sections 903.010 (8) and 904.010 (8) of City Code allowing double- dwellings in R -1 zones by special use permi t.- I I . Rescind the moratorium on double dwellings in R -1 zones* III . Amend Section 202.150 (1) of the Community Design Review Board ordinance to include the review of double - dwellings Enclosures: Survey of other cities - Coon Rapid's criteria Woodbury' s criteria l i s t t and map of existing double dwellings City Attorney's opinion 4 Survey of Selected Cities Double Dwellings i'n R -1 Zones The -following cities do not allow double dwellings in R -1 zones. ndi vi dual 1 ots must be rezoned Brooklyn Park Maple Grove Minneapolis Mot mn ds v i ew Plymouth St. Louis Park St. Paul South St. Paul West St. Paul The following cities allow double dwellings in R -1 zones by special use permit: Bloomington - No specific criteria. Approval is on a case by case basis, They encourage a mix of units. Coon Rapids - The City has eleven criteria for approving special use permits in general (See a ttachmen t) They also review building plans for doubles in R -1 Zones Fridley - No specific criteria. Approval is on a case by case basis. White Bear Lake - All multiple dwellings must be approved by special use permit. There are no multiple zones. They do not have specific criteria for special use permits. Approval is on a case by case basis. Woodbury - The City has nine criteria for approving special use permits in general. (See attachment) Coon Rapids' Special Use Permit Criteria 11 -316 Standards for Special Uses Certain uses, while normally not suitable in a zoning district due to nuisance characteristics or in- compatibility with permitted uses, are suitable under special circumstances. A use may be permitted as a special use in a zoning district if the following findings are made: _ (1) The special use is in conformity with the City's Future --Land Use Plan; with its Goals and Policies and with the purpose,. intent. and applicable stAda rd s of this Title; i (2) The establishment or maintenance of the special use Shall not be detrimental to the public health, safety or general welfare; .(3) The special use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district, (4) The special use shall not depreciate property values; .e - (5) The special use shall not be hazardous,* detrimental Cr disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness, electrical interference or other nuisances; (6) The special use shall generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause inconvenience to the adjoining properties; (7) The special use shall be served adequately by essential public services such as streets, police, fire protection, utilities, schools and parks; (8) The special use shall not create excessive additional require- ments at public cost for public facilities and services; and shall not be detrimental to the economic welfare: of the City; (9) The special use shall preserve and incorporate the site's important natural and scenic features into the development design.; (10) The special use shall cause minimal adverse environmental effects; and (11) The City Council may waive one or more of the above require - ments upon receipt of an application for a special use permit for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between political subdivisions of the state would be best served by such waiver. v 11-317 Supplementary Conditi Repealed Rev. 6 -6 -78 11 -16 Woodbury' s Special Use Permit Criteria "5.03 (B) Criteria for .Granting Special Use Permits Iii granting a special use permit, the City Council shall consider the advice and recommendations-of the Planning Commission and shall make written findings regarding the effect of proposed use upon the Eealth, safety, morals, and general welfare of occupants-, . surrounding lands, existing and anticipated.traffic conditions including parking facilities on adjacent streets and lai and the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the comprehensive plan. If it shall determine by resolution that the proposed use will not he detrimental to the health, safety, morals, or general welfare of the City of Woodbury, nor will cause serious traffic conjestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the 5jeneral purpose and intent of this ordinance and the comprehensive plan, the City Council may grant such permit. In the review of the application, the Council shall make ad:litional written findings that satisfactory provision and arrangement has been made concerning the following, where applicable: 1. Ingress and egress to property and proposed structures thereon and with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; 2. off- street parking and loading areas where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; 3. refuse and service areas,- with particular reference to the items in (1) and (2) above; 4. utilities, with reference to locations, availability and compatibility; 5. screening and buffering I with reference to type, dimensions and character 6. signs, if any, and proposed exterior lighting with refer- ence to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; 7. required yards, ratios and other open .space requirements; .8. general compatibility with adjacent properties and _ 9 P Y 7 P P other property in the district; 9. general compatibility with the land use plan and development policies of the city. The written findings of the Council shall be filed with the application for the special use permit." EXISTING- DOUBLE DWELLINGS PAP KEY 1 • s 2 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -23 24 25 26 27 28 29 ADDRE 1681 East County Road C 2800 -02 White Bear .Avenue 2835 -37 Frederi ck 2512 -14 Woodlyn 571 -3 East County Road B 1110 -20 Leland 2607 Ari el Street (converted s.i ngl e) 177-75 Larpenteur 163 -65 Larpenteur 1712 -14 Jackson 1700 -02 Jackson 1724 Abel 1710 -12 Gurney ) 1709 -11 Gurney) A 1713 -15 Gurney } 8 doubles on Bradley and ) Eldridge, north of Skillman ) B Units are split ) 486 -88 Eldridge (see 16 -23) Unit is split 2049-51 DeSo to } C 439 -41 Skillman 1731 -33 Duluth - nonconforming ) } D 1745-47 Duluth ) 1899 Phalen. Place converted single ZONING TYPE R -2 R -2 R -2 R -2 R -2 R -2 SUP R -2 R -2 R -2 R -2 R-2 R -2 .R-2 R -2 R -2 SUP R -2 R -2 _R-2 SUP 30 1718 English R =2 31 1970 -74 Dieter R -2 32 1945 -47 Maryknol1 R -2 33 R 2115 Hazelwood - R -2 34= 2116 Barclay R -2 35~ 1474 =76 Eldridge R -2 36 1894 Manton - nonconforming 37 1938 -40 Clarence - nonconforming 38 1333 -31 Larpenteur SUP 39 2176-78 Ripley R-2 40 1644 Myrtle - converted single dwelling SUP 41 1630 McKnight R-2 42 1197 -99 Glendon - split ) Maple Greens PUD 43 } 2565 -63 Geranium - split ) Maple Greens PUD 44 } 2599 Geranium - split ) E Maple Greens PUD 45 1165 -69 Ferndale - split } Maple Greens PUD 46 } 1111 -13 Ferndale - split } Maple Greens PUD 47 865 N. Century - addition to nonconformi ng SUP 48 964 -966 McKnight South SUP k W1 j A I C 0 Il E 0 i F 0 N �+ i of J $! K g! • . L 4 � .. TRANSPORTATION PL 14NING � MMiI �t •11 Lit[ j.. ..... a1.A n . ,,,w• „ r•.• e �. MUN1C1�'AL.1TY OF . 1 dsl.. fllli/t1t ,. 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Atl•/r• Yw r• ..YAM � tw1wr11 ft eam ' ' 1111 Yr...1/. .. ....•,•...•�t fa.w• w . +..+r 911.0101 ... �. t! t 01"01........ 7.411171 Aw M • y� 01 .w w w ♦eos • O � i on. • e 1 :........ � tw.•.w r � r r• 16 a R , A + • t A •nw.r . - � r ...r 01 / ! � ` s v a AMr 10101 ' ' Q � (� •� pp 01,014 •w I •-� • I 119 / •• 12002, t low ) 20 1 3 f wA Ia11 1111E © �.. A ♦•� J to logo$, ar•a� ►O CO V K 1��►plfT K L � . a "a -p -amUr �_... ......�. ..� ...�. 1101 as wommomA - w" 1111401 tMwllrwr 01114111• aR] MAP OF EXISTING DOUBLE DWELLINGS DONALD L. LAIS JOHN F. BANNIGAN. JR JEROME D: CIRESI PATRICK J. KELLY LAIS, BANNIGAN & CIRESI, P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL. MINNESOTA 35101 August 26, 1980 Mr. Geoffrey Olson G_ity of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Dear Mr. Olson: s AREA CODE 612 224 -5781 In your letter of August 12, 1980, you request that I take into account the case of Luger vs . - Ci.ty of Burnsville in answering your question stated as follows: "Can the City Council deny or approve a rezoning from R--1, Single Family Residence, to R-2, Double Dwelling Residence for the construction of a double dwelling based on the approval or disapproval of neighborhood residents, if such approval or disapproval is written into the ordinance as a requirement for rezoning "? An analysis of the case and of the cases ci it is my opinion that ' if such language were requirement for rezoning, the Court would, case, finally have to answer that question, in the Luger case and I refer you to page 7 where the Court says: ted in the Luger case included as a in an appropriate It is not answered of the opinion "We have not stated whether the desires of surrounding property owners may be dispositive of the question of whether a variance may be granted ". and to the final page where the Court held that since the Burns- ville City Council had voted unanimously in favor of the grant of the variance subject to the approval of every abutting property_ owner and where the property owners did not approve of it-that the City had, nevertheless, granted the variance and had to'-issue a building permit. It seems to me that upon a careful reading of this case we find the Court making some very fine distinctions between granting a variance and .allowing a, special use - permit, In the application for a variance the 'owner must come in and prove that he is entitled to the variance kly. virtue of meeting the test of reasons as 'to why such 'a variance should be granted. If he does that then he should be entitled to the variance. In the case of the special use permit, the situation is dif ferent in that the burden shi f is to the City to show why the special use should not be allowed. Here again, to include Mr. Geoffrey Olson City of Maplewood August 26, 1980 Page Two a that-abutting property owners approve the rantin g g of either a special use permit or variance or rezoning, -for that matter, seems to be frowned upon by the Courtin that it is an improper delegation of authority or legislative responsibility to a small group of the population constituting a municipality. In the one, case that the Court took into account the objections of the neighboring property owners, it was largely because the owners had demonstrated that the permitting of the construction of an apartment building on the applicant "' s property would, in fact, devalue the property of the objecting property , ownerrs . It, therefore, seems to that if the Council wishes to retain control of the R -1 lot and the construction of double dwellings within an R -1 zone, then the Council has the best control by requiring rezoning to R -2 in each instance. To proceed under the special use permit for a double dwelling pretty well guarantees the applicant the right to build a double dwelling on any lot meeting the criteria unless there is substantial' evidence suppor- ting a denial of the special use permit.' The Legislature might enact in the zoning statutes some language. that would give the neighbors or abutting owners more say in such a matter as this but,in the absence of statutory authority, I believe the Court would set aside any effort on the part of the Council to allow the abutting property owners to vote upon the granting of a special use permit or upon zoning or rezoning of a specific property, I think that the final paragraph of the Opinion on page 7 where the Court states in its first sentence as follows: "The Burnsville City Council is not permitted to escape the political implications of its actions by requiring every abutting property owner to consent to plaintiff's proposal to construct .a home on his land ". is significant in pointing out the Court's attitude in allowing such decisions to be made by citizens without any criteria or gu±de lines, Ver truly yours, - IS, BANNIAA C RESI, P.A. = Donald L. Lais DLL /me NOTICE OF PUBLIC HEARING FOR A CODE AMENDMENT Notice is hereby given that the Maplewood City Council at their meeting of November 6, 1980 at 8:15 P.M. in the Council Chambers of the Maplewood Municipal Building, located at 1380 Frost Avenue, will consider and receive all public remarks regarding rescinding Sections 903.010 (8) and 904.010 (8) of the Zoning Code which permits double dwellings in R-1, Single Dwelling Residence and F, Farm Residence Districts by Special Use Permit. Additional information is available at the Department of Community Development, 1902 East County Road B, Maplewood. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD D. Code Amendment - Double Dwell ings Secretary Olson said the City Council has asked the PTanning Commissi for or a recommendation on the location of double dwellings in R -1 Residential zones* Staff's recommendation is outlined in their report of September 15, The Commission reviewed s l i d e s of existing duplexes within the City. Commissioner Prew moved the Planning Commission recommend to the City Counci approval of the foll 1. Rescind Sections 903.010 (8) and 904.010 8 of City Code al � } y owing double dwellings in R -1 zones by special use permit. 2. Rescind the moratorium on double dwellings in R -1 zon 3. Amend Section 202.1.50 (1 } of the Community Design Review Board Ordinance y 9 include nclude the review of double d w e l l i n g s , Com, i ssi oner Barrett seconded Ayes - all, 4 f ' I', dl M E M 0 P A N D U M 0 TO: City Manager a FROM Director of Community Development SUBJECT: Rezoning LOCATION: 763 N. Century Avenue APPLICANT: City Council .1. t J . a h� %J +.' \.i Y -... w.s .__.. ^- y^"'y"jKr•s..s OWNER: Warren V. Burton DATE: October 10 , 1980 L `` ` °���°- -- . Request Counci 1 i ni ti ated a rezoni ng from R -1 to LBC,' 1 imi ted busi ness commerci al . Considerations 1. Refer to the staff report of September 10, 1980 for background information. 201 Council denied the original request for a BC, business commercial zone. The attorney ruled that a new hearing was needed to rezone the site to LBC. Recommendation Approval of the rezoning from R -1 to LBC, Limited Business Commercial on the basis that: 1. The rezoning is in compliance with the Land Use Plan. 2. The rezoning would be a continuation of the adjacent commercial property to the south. 3. The applicant has submitted a petition signed by over 51% of the adjacent land owners agreeing to the proposed commercial zoning. 4. The LBC zoning would provide a safeguard for the adjacent residential development to prevent the construction of an objectionable commercial business. Enclosed: Staff report of 9 -10 -80 MEMO RAN DUM k) TO: FROM: SUBJECT: LOCATION: APPLICANT /OWNER: DATE: i� A& R Approval to rezone property from R -1 , Single Family Residence to BC, Business Commercial ` Site Description 1. Lot Size: 13, 946 square feet 2. Existing Land Use: Undeveloped Proposed Land Use Refer to the applicant's l etter Surrounding Land Uses Northerly: Single family homes Southerly: A & W Restaurant Westerly: Single family homes Easterly: Century Avenue. Across Century is commercial property in Oakdale Planning Considerations 1. Land Use Plan Designation: SC, Service Co m, m erci al . 2. This commercial land use classification relates to those commercial activities that can best provide L complementary commercial service to the community by .not bei located-in major commercial, centers. However, the land use plan suggests that these type commercial activities be considered in the planning context of small commercial centers as well. Commercial activities which encompassed within service commercial centers include: _ r City Manager Director of -Community Development Zone Change 763 N. Century Avenue Warren V. Burton September 10, 1980 1 a. Neighborhood and community commercial shopping facilities; b. vehicle drive-in commercial services; c. Wholesale commercial activities; d. -Speci al i zed retail activities - such as drugstores, beauty salon--s, 1 aundro- mats , small variety stores, and barber shops. _ 3. Zoni ng: R -1, Single Family Residence Public Works Considerations Sanitary sewer and water are available., Analys i s Staff is hesitant to recommend the rezoning of this property to a wide open zoning designation such as BC. The problem is that there are virtually no restricted uses within this" zoning classification* The consequence could be the development of a business on this lot, which would meet BC district requirements, but may be objectionable to the abutting residential neighbors. A recent example of this was the construction of a Big A Auto Parts on Century Avenue. Big A was a permitted use in a BC zone, however, it was erected much to the displeasure of the adjacent residents who felt that it was very incompatible with their neighborhood. on August 2, 1979 the City Council denied a rezoning request at the northwest corner of Radatz Avenue and White Bear Avenue from F, Farm Residence to BC (M). Denial was based on there not being a specific development plan for the property. Staff feels that the subject parcel should be rezoned to a commercial classification, however, it should be changed to a more restrictive zoning. A LBC, Limited Business Commercial zoning classification would protect the adjacent residential neighbors from a possibly objectionable neighborhood business. This zoning classification would allow professional office buildings. If in the future, there is a specific use proposed for this lot, Staff feels that the City may then consider rezoning to BC. Recommendation Approval to rezone the subject property to LBC, Limited Business Commercial on the basis that: 1. The rezoning is in compliance with the Land Use Plan. 2. The rezoning would be a 'continuation of the adjacent commercial property to the- south. 3. The = appl i cant has submitted a petition signed by over 51% of the adjacent land owners agreeing to the proposed commercial zoning. _ 2 F • 4. The LBC zoning would provide a safeguard for the adjacent residential develop- ment to prevent the construction of a possibly objectionable commercial business. The City will consider rezoning the property to BC in the future, providing there i ' . a specific development proposal for the site'. r' Enclosed 1:0 Location Map Z. Property Line Map 3. Applicant's letter • . 3 M ARYLAKE RIG 1 U 6 ! . Cr J -» < Y z1 Q _ W Y Troiler Court , �$ (Pr wal - j 212 E. MARYLAND A VE 31 sl G � - - j 6 titt�GNOLlI. AYE f eover ; . - Loke 3T r' Cr *e P L LO - E_ ' U� �,�. sn i ARV 01 Nt. 1. C F- z I i H I _ , n AVE 1 ,�; Av 3 2 /J ) O 7 W L C7 2121 �', ��Q�: `' A FL ��. _ I BRANp AVE.:.. ' Q ST. -"" E. 7TH ST. z E 7 T H ST U) P Q � 1 T29N 8 u S H 1�, 2530 v ) R22W � z! 21W -� AVE. W �� n ¢ ¢ C W Q a vo) w 7- E MINNEHAH A 34 - 34 L E. MARGARET ST. =' L E 5TH S T N j z II W J J W F R E M O NT AV •3M z Cr 1 S - W Cr LL C gr :�rr P f r 3 M 68) ..n T � PETITIONER .Warren V. Burton REQUEST - Rezoning 1 . Location Map 4 a t 1 f 1 1 �. SEVENTH ST = ---,. -- - Z v _ Y s Val -_ - j I U�; . ............. •, • • tY .--� _ z OF- I i --�- — � .• � it i _ I rr _ . r PETITIONER warren V. Burton REQUEST Rezoning -2. Property Line Map W-j V c ' - I N Le.%�L —1—..P0000 If C- , ��� .mss /' / L I • '0 0 , t ------- A4 oo A. f � r ^ -i ---r L .& , 1 G� %� .1000l-4 600C cam .w I Zone Change - 763 N. Century (Burton) Associate Planner Johnson said the applicant is requesting a rezoning from R -1, Single Family Residence to BC, Business Commercial. Staff is recommending rezoning to LBC, Limited Business Commercial as outlined in their report. Mrs. Burton, said she has all of the signatures of the property owners on Mayhi l l Road except one. She wished the property would be rezoned to Bus i nes s Comme-rci al . Chairman Axdahl asked if there was anyone else present who wished to comment on the proposal.. Commissioner Whitcomb moved that the Planning Commi recommend to the City Counci P....p a rova to rezone the subject property to _ LBC .. - -- _ Limited Business Commercial on the basis that: 1. The rezoning is in compliance with the Land Use Plan 2. The rezoning would be a continuation of the adjacent commercial property to the south 3. The applicant- i can t- has submitted a petition signed by over 51% of the PP . adjacent land owners agreeing to the proposed commercial zoning. 4. The LBC zoning would provide a safeguard for the adjacent residential development to prevent the construction of a possibly objectionable counierci al business . 5. The= Ci t consider rezoning the property to BC in the future, .. y m providing there is a specific development proposal for the site. Commissioner Fischer seconded Ayes - a11. 9 -ie - 80 I NOTICE OF PUBLIC HEARING ' REGARDING PETITION FOR CHANGE IN == ZONING DISTRICT CLASSIFICATION j T Notice is hereby given that the Maplewood City Council will conduct a public hearing on Thursday, November 6, 1980 at 8:30 P.M. in the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue. The purpose of said hearing shall be for the City Council to publicly hear and consider all remarks regarding a petitioned change in zoning district classification filed by: APPLICANT: City Council 1380 Frost Avenue Maplewood, Minnesota 55109 REQUESTING ZOivING CLASSIFICATION: LBC, Limited Business Commercial EXISTING.ZONING CLASSIFICATION: R -1, Single Family Residence PROPOSED REZONE SITE: 763 N. Century Avenue ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD t� November 3, 1980 STAFF REPORT To: City Manager Barry Evans From: Chief of Police R. W. Schaller Subject: Liquor Violations by Bodell , Inc., 1690 White Bear Avenue, Hearings on Bond Forfeiture and License Revocation, 8:45 p.m., November 6, 1980 Please refer to the attached Staff Report of October 10, 1980, concerning liquor license violations by Bodell's Spirit Shop and Liquor Store, 1690 White Bear Avenue. On October 3, 1980, Bodell's, Inc., entered guilty pleas for offenses of underage selling on March 15, 1980, to a 16- year -old boy and on August 21, 1980, to an 18- year -old boy. Several Municipal Code sections require action by the City Council. One is as follows: "The City of Maplewood Municipal Code Section 703.080, Paragraph 2, which reads in part as follows: "Bond . . . . . (c) That in the event of any violation of the provisions of any law relating to the business for which the license has been granted for the sale of intoxicating liquor, such bond shall be forfeited to the municipality in which such license was issued." The second Code section is 703.220 which reads: "703.220. REVOCATION OR SUSPENSION. Any license granted hereunder may be revoked or suspended for violation of any provision of this ordinance or of the Liquor Control Act of the State of Minnesota. An "on sale" license may be suspended or revoked by the City Council. An "off sale" license may be revoked or suspended by the City Council or by the State Liquor Commissioner. No license hereunder shall be revoked or suspended until the Council has held a public hearing pursuant to ten (10) days notice to the licensee and no suspension may exceed sixty (60) days." It's also appropriate to note Bodell's previous plea of guilty to underaged liquor sales on February 27, 1980. This matter involved a sale to a 16 -year- old girl on October 20, 1979. In addition, the police staff has held several meetings with the management and all the employees at Bodell's in the last few months. Their responsibilities as licensee and employees were carefully outlined to them. As a direct result 'of this , there have been four arrests by Bodell's personnel of underage people attempting to make purchases of liquor. It appears they are now exercising their responsibilities. In view of the foregoing, it is recommended that the City Council consider the following actions: 1. Forfeit the bond on each offense or in the lieu thereof allow the licensee to make a cash payment of $2,000. ol 2. Consider suspension of Bodell's liquor license for seven (7) days on each offense with the suspension period to be imposed during a period after January 1, 1981. RWS : j s cc Liquor File City Clerk 80- 002758J 80- 010081 80- 010291 Deputy Chief Hagen October 10, 1980 STAFF REPORT To: City Manager Barry Evans From: Chief of Police R. W. Schaller Subject: Liquor License Violations by Bodell Liquors The Police Department had instance to observe liquor law violations at Bodell's Liquor Store, 14hi to Bear Avenue and East Larpenteur Avenue, on three occasions' as follows: 1. On March 15, 1980, a 16- -year -old youthful-looking boy was observed by an officer of this department exiting the Bo- dell Spirit Corner Liquor Store, 1690 White Bear Avenue, carrying one twelve pack and one six pack of Miller strong beer. Investigation revealed he had purchased the beer from Steven Boda, who did not request identification or attempt to verify his age. 2. On August 16, 1980, an 18- year --old youthful- appearing boy was observed by an officer of this department exit- ing the Bodell Spirit Corner Liquor Stare, 1690 tihite Bear Avenue, carrying a six pack of Pabst and six pack of Grain Belt strong beer. Investigation revealed he had purchased the beer from a clerk who did not re q uest identification or attempt to verify his age. Addition- - ally, this youth had one six pack of Lowenbrau and one six pack of Blatz strong beer in his possession in a motor vehicle which rye said he had purchased at Bodell's Liquor Store earlier that evening. 3. On August 21, 1980 , _ an 18- year -old boy was observed by an officer of this department exiting the Bodell Spirit Corner Liquor Store, 1690 White Bear Avenue, carrying a case of Blatz strong beer. Investigation revealed lie had purchased the beer from a clerk, Lucille Boda, who did not request identification or attempt to verify his age. Not guilty pleas were entered in Municipal Court on all violations and trial dates set. A- On October 3, 1980, all three cases were resolved by 1. Bodell's, Inc., entered a guilty plea and was assessed a fine of $50. 2. Charges against Bodell's, Inc., were dismissed by the prosecution. 3. Bodell's, Inc., entered a guilty plea and was assessed a fine of $50. 2 In view of the foregoing, I recommend the City Council forfeit the bonds in cases ill and #3. In addition, I recommend that the City Council set a license revocation hearing date for cases #1 and #3 at an early time. * Ic Rt4S j s cc Liquor F'ilev/ City Clerk 80- 002758) 80-010081 80- 0.10291 STATE OF MINNESOTA OFFICE OF LIQUOR CONTROL COMMISSIONER AS PROVIDED BY MINNESOTA STATUTES 340.85, SUBDIVISION 2, THE FOLLOWING INFORMATION IS TAKEN FROM THE RECORDS OF THIS: `COURT Located in Maplewood, Minnesota (Name of Municipality) This certifies that on October 3, 1980 (Date) BODELL , INC. . (N&ne of Defendant) did appear in this Court on the charge of Underage Sa of Alc oholic Beverage The. above named defendant Xxx'" plead guilty was found ui It g Y as charged and was sentenced as follows: Fined $100.00 (Paid) kAA/? r t , till - �� { h SPIRIT CORNER has been (Name of Licensee) issued the following license or licenses to sell alcoholic beverages: 3. 2 Beer Intoxicating Liquor On -Sale 3.2 Beer Off -Sale c i On -Sale Intoxicating Liquor Off -Sale By Ci of Maplewood Issuing Autbority and Name of Municipality or County) l� r �' Indicate herein if the defendant is an employee of , the Licensee Signed ` T�. tle Senior Clerk r #137 r Court Ramsey County Municipal Court, Div. #6 L October 15, 1980 MEMORANU? 1 M TO: City Manager Barry Evans FROM: Chief -of Police R. 14. Schaller SUBJECT: Bond Forfeiture for Liquor Law Violations - Bodell' s Spirit Shop Please refer to agenda items r--7 for tfie City Council meeting on October 16, 1980, regarding two recommended bond forfeitures by Bodell' s Inc. for liquor violations. It is recommended that tihe City Council consider accepting cash payment in lieu of the bond. Further, it is recommended that the City Council a:_ithorize these monies be placed in Police equipment, Capital Outlay Account 101- 121 -4640 for the purchase of police body armor. This would allow us to equip approximately tech additional officers. RWS:db cc: Liquor File City Clerk T. Hagen Lt. Cusick 80-002 80-010 80-010 i r, M E M O R A N D U M TO: City Manager FROM: Director of Public Works SUBJECT: Rezoning LOCATION: North of Rosel awn , west of Sloan Place APPL ILCANT : McDon al d' s Corp. OWNED: Douglas DeCoster PROJECT: - McDonal d's Restaurant DATE: -' September 26, 1980 Requ Action The Applicant is requesting approval of a rezoning from CO- Commercial Office to BC - Business Commercial to build a restaurant. Site Description 1. Location: See enclosed maps 2. Lot Size: 1.4 acres with 198 feet of frontage on Sloan Place 3. Existing Land Use: Undeveloped Proposal 1. Development of a McDonal d' s Restaurant 2. Refer to Applicant's letter of August 29, 1980 Surrounding Land Uses North: National Cash Register Corporation East: Sloan Place. Across Sloan P1 ace, single family dwellings zoned F -Farm and planned LSC and the proposed site of the St. Paul Board of Realtor's office building, zoned LBC - Limited Business Commercial and planned SC - Service Commercial 'South: Mr. Steak West: I -35E Planning 1. Land Use Plan Designation LSC - Limited Service Commercial 2. Zoning: CO - Commercial Office 3. Criteria from the Plan: Page 132 - Limited Service Center classification recognizes that a wide range of commercialized service activities exist and are desired which should be limited as to location, function, mix and quantity. Further, such centers should be planned and developed under performance standard techniques which are designed to more closely integrate such commercial activities into the land use pattern in such a manner that concern i s given to the overa =j environment impact of such activities to surrounding and adjacent land use. j Page 132 - Limited Service Centers include office parks, interchange .commercial activities, automobile drive - i n uses and neighborhood f a c i l i t i e s . Page 132 - The City should approve locations only after complete environmental planning, which includes cons i derf rg function, traffic, intensity of activity, architecture, amens ti es., surround uses, and uti 1 is t-i es . 4. Ordinance Considerations: a; Section 915.030 of City Code states that the governing body, An considering an exception or change to the zoning. ordi nance , shall, among other tfi.i ngs: "1. Assure itself that the proposed change is consistent with the spirit, purpose and intent of the zoning ordinance 2. Determine that the proposed ' change will not substantially change, injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded • 3. Determine that the proposed change w i l l serve the best interests of the V i l l a g e , the convenience of the community (where applicable) , and the public welfare" b. Section 102d of the Commercial Office Zoning Code prohibits "drive-in or any restaurant use commonly referred to as "fast food" or "franchise" wherein the emphasis is on automobile oriented clientele and/or where any sizeable portion of the total activity is involved in take -out orders intended for consumption other than within the building." Hence, the parcel must be rezoned to BC - Business Commercial to develop the site as a McDonald's Restaurant, Public Works 1. The existing sewer capacity for this area is presently overloaded. (See Sewer Capacity Map) 2. The City Sewer. Plan Update (.September 1980) recognizes this capacity deficiency as the most critical sewer related problem in the City. The plan proposes immediate attention (pages 27-29),, 3. The Director of Public works will be bringing a project proposal for this area before the City Council this winter. Citizen Comments Staff surveyed the owners of the properties located within a 350 foot radius of the spbject .site, Of eleven potential respondents, Staff received input from four. None Qf the four objected to this Droposal. Two respondents had the following comments - "Storm water runaway should be taken care of b McDonald's as= was also proposed- Y P P for the Realty Company to be built on Sloan" "My lack of objection is only that I consider McDonal d's less ob j ecti onabl e than a bar or lounge., or garage or gas station" 2 3 Analysis The issues before the City are: 1. Does the proposed rezoning meet the intent of the Land Use P4an? 2 Will approval of the rezoning compound the existing sewer capacity problem? _ p Desi grated for Limited Service Commercial use, the site is intended for automobile drive-;in uses and highway interchange commercial activities among others. In this case, it appears as if Business Commercial Zoning would be more consistent with the Land Use Plan's intent for the site. The present zoning - Commercial Office - is intended primarily for professional and administrative offices, and for low intensity commercial uses adjacent to residential districts, The buffering intent of the present Commercial Office Zoning is not a necessity for this site. The subject parcel is surrounded by parcels planned and in most cases P resently zoned for uses which are intended to act as buffer uses. As such, this proposal should not detract from the use of nearby properties zoned for residential use. The only concern Staff has regarding this proposal is the issue of deficient sewer capacity in this area. The Land Use Plan calls for additional medium density residential and commercial development within the vicinity of the subject proposal.. To accommodate the planned for development the sewer system will have to be upgraded. The question becomes how much more development can the already overloaded system absorb before serious consequences arise. In the opinion of the. Public Works Director, additional waste loadings from a McDonal d's and the proposed St. Paul Board of Reators Office will have an in gni Hi cant effect relative to the overall problem. If, however , development is allowed to continue without correcting this capacity deficiency, sewer back -ups and possible system failure are inevitable, Recommendation I . Approval of the requested rezoning from CO - Commercial Office to BC - Business Commercial for the north portion of Lot 4, Block 2, Maplewood Office. Approval is based upon the following findings: 1. The rezoning is consistent with the spirit and intent of the Land Use Plan 2. The proposed rezoning will not injure or detract from the use of the neighboring properties 3.= The proposed development will not, by itself, significantly add to the 4 existing sewer deficiency. i r II. Council should i n i t i a t e a f e a s i b i l i t y study for correcting the sewer capaci ty deficiency in this area. Enclosures: 1. Location Map 2. Property Line Map 3. Applicant's letter of August 29, 1980 4. Sewer Capacity Map 5. Petition` 3 C& 36 � 5S I� 4 1 1 LITTLE 25 1 COUNTS ROAD LARK 7Ci; CANADA LARK u� _j A I cr j ELDRIDGE Son d BELMONT L A.] - ;V E, Loke SKI "IMAN 0 VIKING BURKE V. DRIDGE :A'v BELMOMT 44. ,,SKILLMAN ��� 5 K tLj .,_MAN AVE, a: z w w IWIT will VERNON AVEr] < 0 < V) MT. cc ENO w VERNON AVE. or z ::. 7. Z' NS AVE. DOW w w 60 LLI 1 0 R OSELAWN Lj AVE. Ll 001IL39 26 W LF U) � �'�- AV. OD AVE. BELLY 0 [BELLW000 cr R AVE 64 fa I I FEN TON W AVE 0 9 -1 0 c tr, 7 c r Fa KEY AV E. ks ba La lo z z x 0 0 > w LKI N IG K X Z of 1\ a W, 0 M 2 AVE. w PR co 30 AD Lei op A F_ SS 57 ST. PAUL MC DONALD'S CORPORATION PETITIONER ZONE CHANGE RE QUEST LOCATIOfi MAP i Q1 i t y f I ! PARKS I DE I F E LStUT10N f ' I t F + r NCR CORPORATION , j E _ r .. D ELLING. 3 DWELL r � r _ ....-= ^::•.- . - ...._ :: _ D IN t 1 ' MR j F 'STEAK �. F TUR �_ t OF FI10E ' S f P4U D -OAR D J + - i W r Lo f L MC DONALD'S CORPORATION PETITIONER ZONE CHANGE REQUEST PROPERTY LINE MAP 4 a I t i}' L MC DONALD'S CORPORATION PETITIONER ZONE CHANGE REQUEST PROPERTY LINE MAP 4 a PHONE (612) 224 -5379 DECOSTER CO. REALTORS 203 ENDICOTT BUILDING ST. PAUL, M I-N N ESOTA 55101 Industrial and Commercial Real Estate August 29, 1980 Mr; Geoffrey Olson Director of Development City of Maplewood 1,902 East County Road "B" Maplewood, Minnesota 55 Dear Mr. Olson: Please find enclosed our application, filing fee, certified abstracts, petition and plats on property proposed for rezoning in Lot 4, Block 2, Maplewood Off ice Center. We are writing this note to further comply with your filing requirements for our petition to rezone the subject property from CO - Commercial Office classification to BC - Business Commercial classification to allow the development of a free standing McDonald' s restaurant. We understand that BC class if ication is req u ired f or this use. The subject property is designated LSC -- Limited Service Commercial Center on your land use plan. This classification provides for controlled commercial development of such diverse activities as; (1) highway interchange commercial locations (2) off ice and industrial parks and (3) commercial areas adjacent to major centers. The area to the East of subject premises across Sloan Street, and North of Roselawn (including the three houses) is proposed for SC Service Commercial classification which provides for smaller convenience type commercial uses. We understand that Office uses such as the St. Paul Board of Realtors use of the corner lot are included uses in this classifications At the time of rezoning the lot to IBC classification for the Real Estate Board, the LBC use was to serve as a buffer between the residential areas East of McMenomy and the more intense and active commercial uses, such as the Mr. Steak restaurant, adjacent to Highway 3 5E . It is highly likely that under the SC land use, the three houses North of the proposed Real Estate Office will eventually be converted to LBC uses to provide similar buffers, and at the same time provide relatively good value for the properties. j The present owners have been trying to sell this property f oT about 15 years, and inquiry for office use during this period has been extremely limited. The NCR building was constructed in 1970 and the next office interest which was able to be firmed up was the Board of Realtors ten years later. Mr. Geoffrey Olson - 2 - August 29 , 1980 As noted in the Metropolitan Council publication on Off ice T Space Trends published in April 19 and covering the 1970 - 1980 period, the=re has been only negligible off ice development ,in the Northeast quad rant of the St. Paul suburbs, with the only noted concentrations being straight East along. I -94 (3M and Western Life) and North in Roseville around Rosedale and in Shoreview - Arden Hills in the I -691 - Highway 51 area. The several small speculative office buildings built in the 1970's along I -35 and S.T.H. 36 have taken considerable time to lease up. On the other hand, there is a restaurant demand as shown b y the Mr. Steak installation, and the proposed McDonald' s restaurant. The McDonald research department predicts a successful restaurant here and both McDonald' s and Yr. . Steak believe the two restaurants will complement each other (as shown by the Mr. Steak signature on the petition) . In summary, we believe the proposed McDonald Is use of the premises fits the . guidelines of your Land Use Plan and will provide a use for the property and a tax return to the community that we have been trying to f ind these several years* We thank both you and the Council for your consideration of this petition* Very truly yours, � J Dough M. DeCoster v DMD:jtd Enclosures 1 t Y r i 1. ' "•. r+` •r�� F - .:. _.'... . I r ' '':: �' • - + �•� ' - a �� �.:•i• - 1 ��`�j s` ` ,�-. -��� • •.• 1 - � J••/\ ': r.� • ���r 1 � - _� - �_a� .- - a.��7.r" s.. i ! : �.rr 1�rs� �•� . J• .•1=- � • • � ` �..I% • . , � ~ � 1 �• . i �/I�'� .. • 1 , _.! it ' . j • _ 1 -� �� ., . �I \ (- a r ► M • "V - .- ,. sv A _" . 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TRUNK SEWERS • - METERING POINTS • j LIFT STATIONS ■ ■ CAPACITY DEFICIENCIES - AREAS TRIBUTARY TO ADJACENT • - COMMUNITY SYSTEM PETITIONER Mcoona�d +s REQUEST ..Rezonin Sewer Ca 4 a :1rJUX1. i' • , •fi n .•` �y ov:NER { PETITION • .. ...ad We, the ul. d e s ' .�ned p ropert y ro ow ow collectively represent 5OZ or more of the - r � z � pp a adjoining. pLape'r� owners within 200 feet. of the requested rezone property describe. on tl.e at e ached. l cation- in. accordance. with• Section 915.010- o� the Maplewood. Municipal Cade.. -7o& ' - ` _ Gi Counc for a- chan in: offiii Zon- g c��.ssff'i,���Q� We- petItion: the. MapIF�o ty _ � .-_ 0 on:f ng t� B mrrr ozr the:- a des cr � ed: prop erty - £row • _ �� �...� _ _ _ -, _ _ - _ - `�: .ice - .w•� a u r .. :.l ames cam b er v eerie = & ,_ as; le constituted land: own er% r o= the c er tai ed� = -a ab str2c= • T r ct Yrithirr 350 feet of the: requestecL rezone-- 3r.ea} tqhicm is ; s to b e�- filed: in_ aan j unc•t:jon• T -rit'n tlhe rezone-app m- and this p etit±an.. + : r. this pet fn �cticat zt c.£'. i�ture - o-r any eraan:'`s� Warn on - ' The- wrI LLten. s P - - � or the: ro Qsed zon the; propasecfi loca a and an. person s- under.. t:anci F P . _ _ A (.�)rV� 6f � � �2. ..�_ +. 1. �. � "' .. i.• - •- +t � 0 or.. t3 �V ♦ � suclrV « - T` -� .t. .+^ •,r ._ �• M1 '.•* - mow^ � ._.._- _ .- - _ , r- *. 1 �T . w:1:�•`C •��_ - 'at . _ - ... •„.- � _ _ .� -••M. � ��' • � ^; =��-' - ? -.�-• 'a.. ...i _f`SC. 1'. �• e 'er_ - .. .- _. _ .. -""•° - - � � _ _ -• - - +� ..,i .. . - - 1i�'• .. - _ ' I _ � - •� �c ^._. •� _ , �`�!La Ill n__ .• �.. -. + _- �� •,a a - s.��• �+a� • ''� �- � • _ - �! .J. .+r •� - � _ '• a. mss: - - . „� ^�. f:_ - y - ""'S!• + ��• ^ � -•�1� - �� ! l iG.' ' , •i . - - T= .. -_-.- _ - ,. 1. • # - " , • _ -i -.- - � ' J _ • _ r • _ •. -_ 1fl .. . 7 �' ' � . (�l� !/1�.• �- - pl kaid Vo e= Frye. Dept.. . . __ _ _ = _ '- ;� _��.;•' ��.i., wy�,�_:cam r. Ue Co ste rr Corn an and" • - _ �: = --..�_ - _ -.�.- _ .f _ -:' ,:.4 _ y` _ a_ -'�' i;�j4 -: -�• si .� #a 7 tam_ Arth W Ha g e~ Cbns ctiair C _ T ... _ _ •- _ • 1 - . ., , z a':� `• - �'._ _ _� a y. Y x �.:� ♦Y ~y_ •�'� _ 1q - : �;1� - . - - _ z-' -` - - _ � '- .. . _ _ - - � • . _ - �t'S s,,.'s�• _ �.�..' _ ,rte rte TW a enters. Pen sle m - -- 3 : lo O;A . _ - "' - - - "' . • - _ -" - .L � • - � � —tea • - - - _ : . _ , - _ . -� � - - i • -�... - ,. _ , - ? - . � _ ��.. Ir• -'••^r .ice. � -� ��+�.. "y.�r�..r. 7....�..i....:.! -..^ -. - ...�..L..Aa_ • i► ' �. • • _ �. ..+� -.i . � - . �,,,. � - • : • �' . :.�•f � .. Za;eco', rnc,. anct Elizabeth, M, Capp ede= f _ an Mar .- M h I Constance H. Fleming- now - _ ...r♦ ^ ` } 0 %- MR REAZLD 11:' ( PETITION r • We the u:!dersiszned property o;mers collectively represent' 50% or more of the '• = �- , P � r ezone property described adjoining proper t owners within 200 f eet of the requeste re e ert j r p on tbe at kachEu application in accordance with Section 915.010 0� f the Mapl:c-�wood i�luniC- Cod e. ition the ��a 1Ft��ood City Council for �a change in, official zoning ctass�. We p f"ic� tic e� p y C, , A � -= on the attached described property fra m'�OM�''��� -��'_ � t:, Buslness� Zoning . • Our .lames can be verified; as legal constituted land owners, on the certified abstract (11 ox•.Tne+ s of land within 350 feet of the requested rezone al ea) which is requirec` to be filed �n conjunction tti�1,t- the rezone • application and this petiti The writ sicnature of any p.erson's name on this petition is in of tha: person' s understanding or the proposed zone, the proposed location and an endorse — I . went for approval. of such change. s ABSTRACT CERT. S IGNA�. �31ZL PRINT NAME LIST NO* - Parkside Volu nteer Fire Dept. L J V A 0 1 ■ D Coster Company d ._ Z Arthur W. Hage Construction Co. Ix Twin City Car penter s ,Pension _ 3 1 Fund JP / - - - 4 Zaeco, Inc. 5 Martin and Elizabeth S. Capeder 6 Gam B. and Mar es_ T, Mur h _ _ 7 Constance H. Fleming 8 tz ii f 1'jjJ()7 t ti..,ER ..,.• ►� ( PETITION � TT ` �i . hrc0 We, the u :�de: .siened property owners collectively represent 50% or more of tale adjoining pt oper Ly owners witl:i.n 200 feet of the requested rezone: r operty described oil the at ruched ar pl_i cation in accordance with Section 915.010 of t :4 apl: - w oo d rlunicip-pLz_ Code. We petition the M aplewood - City Counci. for a ci;ange in official zoning c. .1 ass a on on the atta.cred described property frog. oning t:._Bu .nes_sCom er�iaj 7onincr . . Our names can be verified, as legal constituted land owners, an the certi..ri eJ abstract (listing otTjZ rs of land within 350 feet of 41 L equested rezone ax ea t•1t? is require' to be filed in con tinction =tiTith the rezone -application and this petition. • f The written s1.griat i ire- of any person narle on this petition is indication cf that I erson' s unders tc%l) din?. c= the proposed zone, the proposed Location and an endorse- - rent for a;:pro al of such change. ABSTRACT CERT . SJ_GN�`�iii�iL PRINT NAME Parkside Volunteer F i r e Dept. De Company and - Arthur W. Ha e Construction Co. Twin City Carpenters Pension Fund W LO Lo elL f Zaeco, Inc. Martin and Elizabeth S. Capeder Gary B. and Marm _J_ M urphy Constanc H. Flem ..•.- ._.� ...rte LIST NO . 1 3 .4 �. 5 6 7 8 1 i= i i 3 1 AD T 0� �II'G PR.01PEh'�'Y 01-R`ER REZONE PETITION - • PETITION :-f t.Te, the undersigned property owners . collectively represent SQ% or more of tie adjoining propel ty owners within - 200 feet of the requested rezone pioperty described T . on the att%- application -in accordance with Section 915.010 of the Maplewood Munic i.pa=I• Code, We petltlon the Maplewood cit . Council poi a cha nge, in offi Zoning an the attached described property from. ��oi'merc Of s zoning t:_g �n me.��l Our :wines can be verified, as legal constituted land owners, on the cer_ of i ed abs tract (listi:ig owners of land within 350 feet of the requested rezone 3_..x ea) which is 1- equ red to be filed in conjunction wi.t1i the rezone -application and this petition. The wrii-ten S. gnatur e or any person s name on this petit. - ion is indication of t 4_►erson' s urs de -e.z the proposed zone, the proposed location and an endorse- - m n for aiproval of such "change.• . ABSTRACT C ER .L . SIGN " �i �E PRINT - NAME I ST NO. IL . John N. Cardoz o Ted N, Ca Steven C.- DeC oster J � Dou M. DeC oster r ri A NOTICE OF PUBLIC HEARING REGARDING PETITION FOR CHANGE IN ZONING DISTRICT CLASSIFICATION Notice is hereby given that the Maplewood City Council will conduct a public hearing on Thursday, October 16, 1980 at 7:45 P.M. i n the Council Chambers of the Maplewood Municipal Building located at 1380 Frost Avenue. The purpose of said hearing shall be for the City Council to hear and consider all remarks regarding a petitioned change in zoning district classification fi led 'by: APPLICANT: McDonal d' s Corporati on 8030 Ni col 1 et Avenue. Bloomington, Minnesota 55420 REQUESTED ZONING CLASSIFICATION: BC, Business Commercial EXISTING ZONING CLASSIFICATION: CO, Commercial Office PROPOSED REZONE SITE: A vacant 1 4 . acre parcel of land located north of 305 East Rosel awn ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA M • C. Rezoning -Sloan Place (McDonald's) Secretary. Olson said the applicant is requesting approval of a zone change from CO, Commercial Office to BC, Business Commercial to build a restaurant. Staff is recommending approval as outlined in their report. Mike Asaad, MCDonal ds said he would be glad to answer qu estions. He did have a meeting with the neighbors. They were concern:ed with traffic, litter, etc. The building will be about 4,000 squa -re feet. He presented traffic figures for the Commission ` s information. Commissioner Prew asked what the hours of operation would be. Mr. Asaad said 7:00 to 11 :00 weekdays, Saturday is 7:00 to 12:00 Commissioner Barrett asked if the sewer probler.� would have to be corrected before construction. Secretary Olson s a i d ' the consultant has indicated there is a problem, the purpose of the feasibility would be to arrive at some costs and a so'l uti o n to the problem. Commissioner Barrett said he thought the sewer problem should be corrected either before or during construction of the restaurant. Conini ssi oner Ki shel said he thought the Commission should just make a recommendation to the Council to initiate a feasibility study. Commissioner Ki shel moved the Planning Commi recommend to t_ he City Council - the re uest of McDonald `s Co r or ation to rezone the p rp _ perty in question from CO, Commercial Office to BC, Busine Commercial be approved based on the fol l owi ngL:. 1. The rezoning is consistent with the spirit and intent of . the Land Use Plan, 2. The proposed rezoning will not injure or detract from the use of the nei ghbori ng properti es 3. The proposed development will not, by i t s e l f , significantly add to th.e existing sewer deficiency. Commissioner Sletten .seconded. j Commissioner Ki shel said he is making a motion on just the zone change at this time. A separate motion will be required for the initiation of a f e a s i b i l i t y study for the sewer. Voti ng : Ayes - 6 Nays - at Commi ssi oners Barrett and Fischer) Commissioner Fischer roved the Planning Commission recommend the Ci Council initiate a feasib s' tudyforr correc ti - ng . the sewer capacity e i ci envy i n t i s area. Commissioner Whitcomb seconded Ayes - all . 1� 1 1 � CHARLES W. B RIGGS (1887 -1078) J. NEIL MORTON SAMUEL H. MO RGAN COLE OEHLER A. LAURENCE D A VIS FRAxx HAMMOND LEONARD J. KEYES B. C. HART JOHN M. SULLIVAN BERNARD P. FRIEL _ BURT E. S WANSON M.J. GALVIN, JR. DAV ID C. FORSBERG = JOHN J. M CAEELY -� GERALD H.SWANSON MCTEIL V. SEYMOUBVR. TE RENCE N. DOYLE RICHARD H. KYLE JONATHAN H. MORGAN JOHN L.DEVNEY R.L.SoRExsox - PETER H.SEED PHILIP L. BBL - NER SAMMUEL L. HAN sON RONALD E.ORCHARD J OHN R. REN EFICIf® J OHN R. FRIEDMAx DAVID J. SPENCESS DANIEL J. COLE, JR. PETER W SIPBINS DOUGLAS L. SsoB MICHAEL H.JERONIMUS LAW OFFICES B RIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 2452 I D S CENTER MINNEAPOLIS, MINNESOTA 55402 (612) 291 -1215 October 29, 1980 R. SCOTT DAviEs JAMES W. LITTLEPIELD • J OHN B . VAN DE NORTH, JR. STEVEN Z. KAPLA.N RICHARD G. MARK ANDREW C. BECHER M.T. FASYAxsxz JEROME A. GEIs BONNIE L. BE REZOVSITY STEVE A.BRAND MA RK W. W 'ESTRA �* A LAN H. MACLIN JEFFREY F. SHAW _ DAVID G. GREENING DAVID B. SAND BETTY L. HUM CHARLES R. H AYNOR ANDREA M.BOND MARTIN H. Fis$ JOiiN BULTENA ROBERT L. Davis RICHARD H. MARTIN TR UDY H.SCHROER MARY L.IPPEL DAVID J. ALLEN R OBYN L.HAxsEx MARGARET K. SAVAGE BRIA_x G. BELISLE MARY SCHAFFNER EviNGER MICHAEL H . STREATEB RICHARD D. ANDERSON OF COUNSEL RICHARD E. KYLE FRANK N. GRAHAM REPLY TO Saint Paul Mrs. Lucille Aurelius City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Re: City of Maplewood - $800,000 Tax- Exempt Mortgage Note (Carlton Racq uet Club Project) Dear Mrs. Aurelius: Enclosed for presentation at the City Council meeting on November 6, 1980, are five copies of the Note Resolution which we ask that the City adopt. As you can see, the Resolution authorizes the issuance of an $800,000 tax- exempt mortgage note and the entering into of a Loan Agreement with Carlton Racquet Club, which Loan Agreement will then be assigned to Liberty State Bank, -" As I mentioned to you on the phone yesterday, Carleton Racquet Club does not presently intend to commence construction of this project until April 1, 4. 19.81. As a result, I have not enclosed any of the other documents which will ultimately be necessary. Those documents will all be forwarded to the City for exeycution as we get closer to the commencement of constructioe. i �= r BRIGGS AND MORGAN Mrs. Lucille Aurelius October 29 1980 Page Two s i 1 A a Please call me if you have any questions. Very truly yours, Aob.h . Hansen RLH /jb � Enclosures cc: Mr. Donald Lais Mr. Otto Bonestroo Mr. Robert G. Briggs Mr. David Fesler P.S. I still need to receive the Affidavit of Publica- tion once you have received it from the newspaper. RLH A-C t'y Colarca • r -� � �- • ` ^ � .........- - ---rte Date t i NOTE RESOLUTION CITY OF MAPLEWOOD $800,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (CARLTON RACQUET CLUB PROJECT) ADOPTED: November 6, 1980 NOTE RESOLUTION TABLE OF CONTENTS = Page :_ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS* 0 6 * 1 1 Section 1 -1. Definitions ...................... Section 1 -2. Legal Authorization 90000060600006 3 s ection 1 -3. Findings ......................... 3 Section 1 -4. Authorization and Ratification of Project ***&******************** 5 ARTICLETWO - NOTE .... ............................... 6 Section 2 -1. Authorized Amount and Fora of Note .......................... .6 Section 2--2. The Note ....:..................... 14 Section 2 -3. Execution .......•••••••••••••0000 14 Section 2 -4. Delivery of Note..........• .... • • • 14 Section 2--5. Issuance of New Notes............ 15 section 2 -6. Registration of Transfer.......•. 15 Section 2 -7. Mutilated, Lost or Destroyed ' Note.... ........................6 15 Section 2-8. Ownership of Note ................ 16 section 2 - 9. Limitation on mote Transfers...:. 16 ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY... 17 s ection ion 3--.1. Pre p aymen t ....................... 17 Section 3 -2. Termination of Interest********** 17 ARTICLE FOUR - GENERAL COVENANTS ..................... 18 Section 4- l . Payment of Principal and Interest . . . .. . . . . . . . . . . . . . . . . . . . . 18 Section 4 -2. Performance of *and Authority for Covenants ................. • . • 18 Section 4-3o Enforcement and Performance of Covenants........... .... • ..... 18 Section 4--4. Nature of Security ............... 19 Page ARTICLEFIVE -- MISCELLANEOUS .....• * * Oo * *•••- *•••• -• 20, Section 5 -1. SeVerabi .lity ................ p ... 20 Section 5 -2. Authentication of Transcript... • 20 Section 5 -3. Req istration of Resolution...... 20 Section 5 -4. Authorization to Execute — Agreements********************** _ 20 _ _ SIGNATURES...•. 0000 .. ............................... 21 NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: -- _ ARTICLE ONE - DEFI NINTIONS, LEGAL AUTHORIZATION AND FINDINGS 1-1. Definitions The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, iinnesota Statutes, Chapter 474, as amended; Ass ignraent of the Loan-Agreement the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; Bond Counsel :. the firm of Briggs and Morgan, Professional. Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower Carlton Racquet Club, Inc., a Minnesota corporation, its successors, assigns, and any surviving, resultinq or transferee business entity which may assume its obligations under the Loan Agreement; j City: the City of Maplewood, Minnesota, its successors and assigns; Construction Loan Agreement: the agreement to be executed. by the City, the Borrower and the Lender, relating to the disbursement and payment of Project Costs for the acquisition of the Land and the construction and installation of the Improvements; Z. j s . i 0- Guaranty the personal guaranty to be executed by- Otto G.. Bonestroo, Leiqhton Natt, Wayne E. Brown, Lyle Eckberq, and David Pohl, in favor of the Lender quarantying the payment of principal and interest on the Note and the performance of the Borrower's obligations under the Loan 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 w-Ith the Plans and Specif - Land: the real property and any other easements and rights described in.Exhibit A attached to the Loan Agreement; -� Lender: Liberty Mate Bank, in St. Paul, 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 I any amendments or supplements thereto made in accordance with its provisions; Mortgage the Mortgage, Security Agreement and Fixture Financing Statement to be executed by the Borrower as mortgagor, in favor of the Lender, as mortgagee, securing - payment of the Note and interest thereon; Note: the $800,000 Commercial Development Revenue Note (Carlton Racquet Club Project), to be issued by the City pursuant.to this Resolution and the Loan Agreement; Note Reqister the records kept by the City Manager to provide for the registration of transfer of ownership of the Note; Plans and Specifications the plans and specifications for the construction and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Leader; .principal Balance so much of the principal sum on the Note as from time to time may have been advanced to or for the bone fa t of the City and remains unpaid at any time; Project `time exist; the Land and Improvements as they may at any 2' Project Costs the total of all "Construction Costs" and "Loan and Carrying Charges, " as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted November 6, 1980, together with any supplement or amendment thereto. All references in this instrument to designated -- "Articles," "Sections" and other subdivisions are to -the ±` designated Articles, Sections and subdivisions of this instrument as originally executed. The-=words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1 -2. Leqal 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--39 * Findings The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act,.and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Assignment of Loan Agreement, the Note and the Construction Loan Agreement, which documents specify the terms and conditions of the acquisition and financing of the Project; (3) in authorizing the Project the City's purpose is, and in its judqment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unei - Qploymen t ; the develop-- ; ment of .revenue -- producing enterprises to use the available 3 0 resources of the community, in order to retain the bene f it of the community's existing investment in educational and Public a service facilities; the halting- of the movement of talented, educated personnel of all ages to other areas thus preserving the economic and human resources needed as a base for providing governmental services and faci_l itie5; the provision of acces- sible 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, includ i" educational services for the school district serving the .:- community in which the Project is situated; (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Section 474-05 of the Act, will require the issuance of the Note in the principal amount of $800,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of partially financing the Project; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a 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 is pledged for the payment of the Note or interest thereon; and (7) The Note is an iidustrial development bond within the meaninq of Section 103(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (A) of Section 103 (b) (6) of the Code with respect to an issue of $1,000,000 or less; provided that nothing herein shall prevent the City from here-after qual i.fving 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. 4 1--40 Authorization and Ratification of Pro ' ect. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of S•ec t ion 474-03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for -the a c q u i s i t i o n , construction and installation of the--.-Project pursuan t to the Plans and Specifications 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 Z. required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. 5 S ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note. The Note issued P ursuant to this Resolution shall be in substantially the for set forth herein, with such a appropriate variations, omissions and insertions as-are ermitted or required by this Resolution, and in accordance with the further provisions hereof • and the total principal _- amount of the Note that may be outstanding hereunder is expressly s s ly limited to $800,000 unless a duplicate Note is issued _ pursuant to Section 2 -7. The Note shall be in substantially the following fora: 6 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEW000 Commercial Development Revenue Note (Carlton Racquet Club Project) $800,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, RAMSEY County, Minnesota, ( the "City ") hereby promises to pay Liberty State Bank, St. Paul, Minnesota ( the "Lender ") , its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of EIGHT HUNDRED THOUSAND DOLLARS ($800,000), or so much thereof as may have been advanced to or for the benefit of the City and remain , s unpaid from time to time (the "Principal Balance "), with interest thereon at the rate of eleven percent (110) per annum or at such higher rate as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms-hereinafter set forth. 1. (a) From and after the date hereof and until the "Amortization Date" , ( the first day of the calendar quarter next succeeding completion of the Project in accordance with the Construction Loan Agreement hereinafter referred to, but in any event no .later than September 1, 1981 unless extended by the Lender) , interest only shall be paid at the rate of eleven percent (110) per annum. Interest shall accrue from and after the date of each and every advance ,so made under this Note and shall be payable on the first day of the calendar quarter next succeeding the date upon which the first advance is made, and on the first day of each and every calendar quarter thereaf ter. (b) From and after the Amortization Date, the Principal Balance shall be paid in 40 consecutive quarterly installments of $25,000 or more, payable on the first day of each calendar quarter commencing on the first day of the calendar quarter next succeeding the Amortization Date and z s continuing until September 1, 1991 ( the "Final Maturity Date") at which time a f final payment in the amount necessary to pay the remaining Principal Balance and accrued interest thereon shall be paid. Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. (c) If the interest on this Note should become .subject to federal income taxation pursuant to a "Determination -of Taxability" as that term is defined in Section 4.07 of the -Loan Agreement- here inaf ter referred to, and the Lender delivers _to the Borrower a copy of the notice of the "Determination of Taxability", the interest rate shall be immediately increased to sixteen percent (16a) per annum and each quarterly installment thereafter payable shall be accordingly adjusted }' and shall be equal to the amount necessary to pay the remaining Principal Balance by the Final maturity Date with interest at said increased rate, in equal quarterly installments except for the installment due on the Final Maturity Date, based on an amortization of the Principal Balance over the balance of the. amortization period; and in addition the Lender shall be entitled to receive an amount equal to the aggregate difference between (i) the quarterly payments theretofore made to the Lender on this Note between the "Date of Taxability", as that term is defined in Section 4-07(f) the Loan Agreement, and the date of receipt by the Borrower of notice of such. "Determination of Taxability ", and (ii) the quarterly payments which would have been made during such period if the increased rate had been in effect throughout such period; all as provided in Section 4.07 of the.Loan Agreement. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or penalty, at maturity, upon redemption., or otherwise. Interest shall be computed on the basis of a 360 day year, but charged for the actual number of days principal is unpaid. 3. If the Lender should not receive on the first day of any calendar quarter all of-the principal and interest then due on the Note, and if the City should continue to be in arrears through the fifteenth day of such quarter, then, in addition to all other sums due hereunder, the Lender_ shall be entitled to receive on the sixteenth day of such quarter a service charge equal to four percent (4.00%) of the delinquent principal and interest. 4. Principal and interest and premium due hereunder =shall be payable at the principal office of the Lender, or at --such other place as the Lender may designate in writing. 8 5. This Note is issued by the City to provide funds for a Project, as defined in Section 474.02, Subdivision la, Minnesota Statutes, consisting of the acquisition of real estate, and the construction of a revenue -- producing recreational facility thereon, pursuant• to a Loan Agreement the "Loan Agreement"), of even date herewith between the City and Carlton Racquet Club, Inc.., a Minnesota corporation (the "Borrower ") and this Note is further issued pursuari -t 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 November 6, 1980 (the "Resolution").. 6. This Note is secured by an assignment of the Loan Agreement by the City to the Lender, a Mortgage, Security Agreement and Fixture Financing Statement ( the "Mortgage ") , of even date herewith between the Borrower, as mortgagor, and the Lender as mortgagee, and by the personal guaranties ( the "Guaranty ") of the Borrower's shareholders. The disbursement of the proceeds of this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewith between the Lender, the City * and the Borrower (the.-- "Construction Agreement "). 7. The Lender 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, 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 30 years from the date hereof. 8. This Note may .be prepaid at any time without penalty or premium. The Lender shall apply any such prepayment against the accrued interest on the Principal Balance and then against the final principal amounts due under the Note. The term "Loan Year" as used herein shall mean a 12 month period commencing on the Amortization Date and on each anniversary thereof* 9. This Note is further subject to prepayment by hQ Cit Y . an . at time, without a premium, in whole or in. party upon Y the occurrence of certain events of damage, destruction or condemnation of the property secured by the ?Mortgage, as specified in Section 5.02 of the Loan Agreement and Section .3-1 of the Resolution, or, at the option of the Lender, within 30 days after the Lender receives a notice of a "Determination. of Taxability" as that term is defined in Section 4.07 of the Loan Agreement. 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 -e : Z.- 14. It is agreed that time is of the essence of this Note . In the event of failure by the City to pay when due any q uarterly installment of principal or interest within ten days after the due date, or any premium due hereunder, or if an Event of Default shall occur, as set forth in the Mortgage, the Construction Loan Agreement or the Loan Agreement, then the Lender shall have the right and option to declare, upon ten days written notice, the .principal valance and accrued interest thereon, immediately due and payable, but solely from sums made available under the Loan Agreement, Mortgage and Guaranty. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 15. The remedies of the Lender, as. provided herein and in the Mort g g a � e, the Loan Agreement, the Construction Loan Agreement and the Guaranty, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, 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* 16. The Lender 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 Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 17. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a z 11 participation interest in the Note be given pursuant to any agreement, except in accordance with an participation such registration applicable exemption from s requirements. c g q IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be p erformed p recedent to or in p p the issuance of this Note. do - . exist, have happened and have been performed in regular and due form as required by law. IN WI WHEREOF, . the City has caused this Note to _ =be dul executed in its name by the manual signatures of the y May and City Manager and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated �. 1980. CITY OF MAPLEWOOD, MINNESOTA Mayor Attest: City Manager (SEAL ) 12 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thoreon is registered on the books of the City of Maplewood in the name of the holder last noted below* Date of Name and address Signature of Re istration Registered Owner City Manager Liberty State Bank y i 13 2-2. The Note The Note shall be dated as of the date of delivery, and shall be payable at the t imes and in th manner, shall. bear i nterest 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 by the signatures of its Mayor and City Manaqer and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall . nevertheless be valid and sufficient for all purposes, the same r as if had remained in office until delivery. 2-4. Delivery of Note Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement and Assignment of the Loan Agreement; {�3) the Mortgage; (C) the Construction Loan Agreement; (D) the Guaranty; (E) a Cost Certif signed by the Borrower certifying the use of the proceeds of the Note; (F) any participa agreements that are to be entered into with regard to the Note. (2) an opinion of Counsel for the Borrower in scope . and substance satisfactory to Bond Counsel 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 N ote; (4) such other documents and opinions as Bond Counsel may M reasonably require for purposes of rendering its opinion requ i red. i n subsection (3) above or that the Lender may require for the closing. 14 Upon delivery of the Note, the Lender shall, on ry behalf of the City, advance funds for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, including compliance -with the provisions of the Construction Loan Agreementa, The Lender or the Borrower shall provide the City - with a full accoUn t ing of -all funds disbursed for Project Costs. 2 -5. Issuance of New Notes Subject to the provisions of Section 2--9, the City shall, at the request and expense of the Lender issue new notes, in aggregate outstanding principal amount equal to that of the. Note surrendered, and of like tenor except as to number, P r in c i P a l ambup t, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. 2--6. Registration of Transfer The City will cause to be kept at the office of the City Manager 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, pon surrender of the Note together with a. written • g ' s f ac for to the City t Manager,, duly instrument. of transfer satisfactory y Y executed b the Lender or its duly authorized agent. Upon such transfer the Cit y Manager 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 Notes 2--7. Mutilated, Lost or Destroved Note. In case any Note issued hereunder shall become mutilated 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 outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, u p on ' the Lender's paying the reasonable Y expenses and charges of the City in connection therewith, and in the . case of a Mote 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 L satisfactory to it. If the mutilated, destroyed or lost Note has already inatured or been called for redemption in accordance . its terms i t shall not be necessar y y to issue a new Note ,. prior to payment. 15 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 notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment t of .or on account of the Principal Balance, re.dempt ion . _.price or i.n to rest and for all other purposes whatsoev -6r, and the City shall not be affected by any notice to the contrary. - 2 -9. Limitation on Note Transfers The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance ; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any par_ t is ipat ion aq reement, except in accordance with an applicable exemption from such registration requirements. 16 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3 -1. Prepayment The Note may be prepaid at any time* - 3 -2. Termination of Interest. 3 Upon deposit of any prepayment with the Lender and =the giving of any notice required, the principal amounts prepaid shall, after such date, cease to bear interest. 17 ARTICLE FOUR GENERAL CUVENANTS 4--19 Pay ment of Princi al and Interest i ^ 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 Mortgage and the Guaranty which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Mortgage and the Guaranty; 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 o� and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings., stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized _ under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act., to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note and the Loan Agreement and Assignment of Loan Ag reement; 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. Enforc and Performance of Covenants The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Construction Loan Agreement, and to peform all covenants and other provisions pertaining to the City contained in the Note, the Loan Agreement and the Construction Loan Agreement. 18 4 -4. Nature of Security Notwithstanding anything contained in the Note, the Mortgage, the Loan Agreement or any other document referred to in Sectin 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 g -ve rise to a pecuniary liability of the City or, to the exten=t - 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 Mortgage, the Construction Loan Agreement, the Guaranty and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender.; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained the Note, the Loan 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 or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon.. 19 ART FIVE . MISCELLANEOUS 5-1. 5everability If any provision of this Resolution shall be' held or _deemed to be or shall, in fact, be inoperative or unenforceable .as applied in any particular case in any jurisdiction� or _ = risdictions or in all jurisdictions or in all cases because -� provisions of an it conflicts with any p Y constitution. or statute ;.or rule or publ policy, or for any other reason, such circumstances shall not have the effect of rendering the p rovision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more p hrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof* 5--2. Authentication of . Transcript The officers of the City are directed to furnish to .Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the va 1 ia.ity of the Note . * All such certified copies, certificates and affidavits, including any heretofore furnish , ed shall constitute recitals of the City as to the correctness of all statements contained therein. 5-3. Registration of Resolutio The City Manager is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certif icate that the Note as a bond of the City has been duly entered upon his bond register. 5 -4. Authorization to Execute Agree ments.. The forms of the proposed Loan Agreement, the Assignment of Loan Agreement, the Construction Loan Agreement,. the Guaranty and the Mortgage are hereby approved in substantially _ntiall the form heretofore presented to the City Count i 1 • and the Mayor and Manager of the Ci are authorized i 2U to execute the Loan Agreement, the Assignment of Loan Agreement, and the Construction Loan Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Manager such officers of the City as, in the c _ opinion of the City Attorney, may a t _ i n their beha l f , shall without further act or author i zat ion of the City Council do all things and execute all instruments and documents required to be - g done or executed by such absent or disabled officers. Adopted: November 5, 1980 Mayor of the City of Maplewood Attest: City Manager f • 21 t' MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Amendment to Zoning Code - Residential DATE: October 1, 1980 3 - Z . Re quest t Estate Di stri c ti o by t...4-.s.+oa+ 4Ju 4 V ar' 1ia_ O�MWA :S�W�ai�MmrosO�oarf�oeill�l� Amend the City's Zoning Code to establish a Residential Estate (R -E) District. Purpose ' To protect larger lot single fami neighborhoods from subdivisions which would result in lots out of character with the remainder of the neighborhood. Summary of Existing Code The minimum lot requirements in an R -1 zone are 10,000 square feet of area and 75 feet or 100 feet of frontage, dependent upon whether it is an interior or corner l ot, Past Actions January 15, 1976: The City Council indefinitely tabled the establishment of a Residential Estate Zoning District. The zone had been proposed to encourage developers to utilize the planned unit development approach . to develop environ- mentally sensitive areas. The Council's concern was that the proposed minimum lot sizes of 20,000 and 40,000 square feet had the potential* of being counter productive i . e., driving up the cost of housing and idling .1 and otherwise ready for development. April 17, 1980: Council requested that Staff research the possibility of establishing a Residential Estate Zoning District, with a minimum l area. of 20,000 square feet. This request was made after Council consideration of a proposed lot division for Voya Pi l eti ch in the large lot neighborhood west of Keller Lake, along Arcade Street. September 18, 1980: Council endorsed the R -E District concept, but referred the matter back to Staff for further. study. Council's concern was that if the pro - poged concept were to be -applied in developing areas, undesirable l conf i gur- atTons could result. That is, with a proposed minimum width requirement of only 75 feet, conceivably a 75 by 400 foot lot would be created to meet an area requirement of 30,000 square feet. Housing Plan Pol i c 1. .Page 31 (proposed Plan), maintain and where necessary strengthen the character of individual neighborhoods. 2. Page 45, all housing should respect established housing values of the area a in which it is located to the degree that human values, natural beauty and urban amenities are not sacrificed. 3. Page 48, the community should develop land-use regul ati -ons which encourage a planned approach to housing areas by providing a variety of lot sizes and housing densities which complement the area's land use plan and the desired dwelling types. Pain - - irnum Lot Width In accordance with the Council's September 18, 1980 directive to refer the lot width issue back to Staff for further study, a survey of existing platted lots within the City was conducted. Typical 'widths for 20,000, 30,000 and 40,000 (proposed R -E District categories) square foot lots approximated 100, 120, and 140 feet, respectively. For the most part, these lots were 300 feet or less in depth. Important the vast majority of these large lots were found to be well maintained. Based upon the above information, Staff suggests the following R -E District minimum lot widths: R -E (20) - 100 feet R -E (30) - 120 feet R -E (4d) - 140 feet In all cases these minimums encourage lots of less than 300 feet in depth in attempt to avoid yard maintenance problems. Analysis The primary objective for proposing the R -E District concept, at this time, is to provide property oviners in large lot neighborhoods with some assurance that the unique characteristics of their neighborhoods will be preserved. Development of the concept is in response to recently proposed lot divisions" affecting the Arcade Neighborhood (west of Keller Lake, east of Arcade Street), No other application of the concept is being considered at this time. Similar action was taken by the City Council when the BC (M), Business Commercial (Modified) District was adopted to specifically address development south of Beam Avenue, City Code presently makes no distinction among single family residential neighborhoods, regarding minimum lot area requirements. In the instances of large lot neighborhoods, Maplewood property owners presently have no guarantee that the characteristics which may have been a primary factor in the decision to purchase, will remain intact over time. The R -E District proposal is an effort to provide such assurance. This concept would also be in keeping with a Housing Pi ab policy that calls for "maintenance and where necessary strenghtheni ng of the=: character of individual nei ghborhoods . " Staff believes. that there will be few: nei ghborhoods where this zoning district would be appropriate ppropri ate - 2 In 1976, the Council indefinitely tabled a proposal for establishing an R -E District, pri nci pally as a tool for control 7 i pg development in environmentally sensitive areas. Although large lot zoning can be used as such, it is not the most effective tool available. The principal purpose of large lot zoning is to maintain low densities, not to protect the environment. If the Council wishes to address the protection of environmentally sensitive t'i ve areas, 1 arse lot zoning should not be relied upon.'" Rather, environmental performance sta=ndards should be - adopted and tied to the land via an Overlay Zoning District(sy The Ci ty's Critical Area Plan currently employs an example of the Overlay Zoning District cod -cept. Recommendation Amend the City's Zoning Code to include a Residential Estate District as follows: 919. R -E, RESIDENCE ESTATE DISTRICT 919.010. INTENT. To protect and enhance the character of single family neighborhoods, composed o lots substantially larger than required in R -1, (single dwelling) Residence Districts 919.020. PERMITTED USES. Any use permitted in a R -1, Residence District (single dwelling) 919.030. ACCESSORY USES. Any accessory use permitted in an R -1, Residence District (single dwelling) except: 1. Used car lots 2. The wrecking of automobiles or trucks including the sale of used cars 3. Mobile Home Parks 919.050. DISTRICT STANDARDS. 9 1. Minimum Lot Area. The minimum lot area shall be determined by the City Council at the time of rezoning, but shall be limited to 20,000, 30,000 or 40,000 square feet. The Council shall base their decision on the character of developed lots within an existing neighborhood or on the desired character of lots in an undeveloped area. Minimum lot area requirements shall be designated on the Zoning map in each R -E District's title, e.g., R -E (30), standing for a minimum lot area of 30,000 square feet. Once established, any request to change a district's minimum lot area requirement shall be processed as a request for rezoning. 2. Mini mum Lot Width at the Building Setback Line. 3 Gk R -E (20) - 100 feet R- E (30) - feet R -E (40) - 140 feet 3. Mi ni glum Setbacks. As ' requi red for R - Residence Di ttri ct (single dwelling). 4. Maximum Bui 1 di rig I-lei ght. As requi red for R - , Resi dence Di stri ct (single dwelling). 5. Legally buildable lots before the rezoning to an R -E zone shall be considered buildable after rezoning to an R -E zone. n s� t 4 MEMORANDUM TO City Manager FROM: Director of Community Development SUBJECT: Home Occupation Permit LOE : Elm Street and Kohlman Avenue APP1.I CANT: An thbny Lehman PROJECT: window Washing Service DATE: September 4, 1980 Re nest Approval of a special exception to operate an office for window washing business from the applicant's future home. If the permit is approved, the applicant will construct his house in Maplewood at Elm Street and Kohlman Avenue. Site Description 1. Lot Size: 12,000 square feet. 2. Existing Land Use: Undeveloped. L'harles Di ers, the previous owner of the subject property, was directed by Ramsey County Court to comply with Mapl ewood' s ordinances relating to the parking of commercial vehicles in residential neighborhoods Proposed Land Use See attached letter dated August 18, 19800 Surrounding Land uses See attached letter dated August 18, 19800 Northerly: Kohlman Avenue and _single family dwelling Sod Si ngle.:fami ly dwelling Easterly: Two .vacant lots and railroad tracks Westerly : .Elm Street and single family dwelling Planning Considerations 1. Land Use Plan Designation: RL , Low Density Residential 2, Zoning: R -1, Residence District (Single dwelling) 3. Section 904.010 (5) of the 2oni ng Code permits offices of professional persons M'✓ y. V TI Re nest Approval of a special exception to operate an office for window washing business from the applicant's future home. If the permit is approved, the applicant will construct his house in Maplewood at Elm Street and Kohlman Avenue. Site Description 1. Lot Size: 12,000 square feet. 2. Existing Land Use: Undeveloped. L'harles Di ers, the previous owner of the subject property, was directed by Ramsey County Court to comply with Mapl ewood' s ordinances relating to the parking of commercial vehicles in residential neighborhoods Proposed Land Use See attached letter dated August 18, 19800 Surrounding Land uses See attached letter dated August 18, 19800 Northerly: Kohlman Avenue and _single family dwelling Sod Si ngle.:fami ly dwelling Easterly: Two .vacant lots and railroad tracks Westerly : .Elm Street and single family dwelling Planning Considerations 1. Land Use Plan Designation: RL , Low Density Residential 2, Zoning: R -1, Residence District (Single dwelling) 3. Section 904.010 (5) of the 2oni ng Code permits offices of professional persons when located in the dwelling of that professional person, but only by the authorization of the City Council, 4. This Code further states that there shall not be any commercial vehicle or heavy equipment parked or stored on a residential lot, unless the vehicle is kept in a residential garage. 5. The Sign Code. limits home occupation signs to two square feet' i n s i ze and wall mounted. r _ Anal ys its 3 Staff dDeS not have any serious concerns over this proposal. As the Applicant indicates, there w i l l not be any work performed on the premises. The home occupation permit, therefore, will be merely for an office use. Staff's primary concern is that as the Applicant acquires more equipment, it May begin to accumulate in the yard. In reference to the commercial vehicles, the City has been permitting commercial vehicles if they are no larger than pick -up trucks or step vans. The Applicant's vehicles should be acceptable. Recommendation Approval of a home occupation permit for a window washing business, based on the findings that: 1. The home occupation will only amount to a business office use .2. Office uses are permitted under the Code with a Special Exception 3.- The use should be compatible with the neighborhood Approval is subject to the following conditions I. The Applicant shall apply for a renewal of the home occupation permit after one year from the date of this approval, to determine if the business has caused any nuisance 2. There shall be no outdoor storage of equipment associated with the business, other than a pick -up truck 3. Conditions a -h of the Planning Commission guidelines for home occupations shall be met. (See enclosures) . Enclosed: 1. Location Map 2. Property Line Map 3 App) i cant's letter dated 8 -18 -80 4. Pl aitni ng Commission Guidelines 2 -. 9 F- t. BEAM _ AVE " e ll Ko h / m o n -- / D23 !� CO UNTY z , I J W U f I D I 1 to J D D I 1 I � I / / f J ' - - - - - - - -- t BE l (n r.— t 1 3r �n 1 KOHLMAN AVE. av I N ( I Q Q = z z W 'n R0 ..C.. Y _ 1 C{ tr v) a r-- ZI z Cr ``; 31 z W W z Ir a U) Q J Cr _ Nv V Q DEMPT L AV E.W 0.. \ -I i BROOK A,./E.7 .7 I • LDA 'ST4'OC 61 Z 1 Ir � • 97` uj m SEXTA NT AVE. GERVAIS AVE GERVAIS G ANpViEW AVE. 36 VIKING =DR. 1 - �J SHERREN COPE = v3 AYE ----- A ~ I }` O o VE. LARK AVE. ♦ v> LARK A VE. J _ � 25 D N `--�COU TY o C � R LAURIE RD. cc LAURIE ER D a °C �] R� 2S = � , LEL AND j C JUN;,TION AVE ? ~ •, •• '� �++ 17 C ' I B uj Y I �% f r O F - 8U RKE 1 Q AVE. �' BU 6 XL AVE m c 0 I ELDRIDG E -i AVE 3 I 4 0 a,gN a BELMON T AVE. N 64 > � rr- � i j t Q I SK cn o S KILL MA 4 = 11,100i 111161, F �Q, VE �� N AVE. .HAR RtS 11 \ SH R Cc iAVE N � o Yph m ROSE W OOD A VE. R E R Y S �.: R R Q P, o�`PJ e p . z 28 FROST p ,.: Z8 AVE v� vi uo �.. m SO D I m w 27 4i W FE NEON AVE. Q •r t° PETITIONER Anthony Lehman REQUEST Home Occu ation Location Map 4 a d r � � • 1 / R 1 1 J / 101* 4 c i, 4 IS Jw e l t j r w � ttt j 1 t' IL 1 .V Ln "ow r 4 i h • J - r or 0%i -J- 1 10 COU NTY s 1 . r PETITIONER Anthony Lehman REQUEST Home Occupation Property Line Map W-A a Insured Service Phon 2241169 D W CLEANING I�AU PT WIN a CO. COMPLETE JANITOR SERVICE OFFICE BUILDINGS - HOMES - STORES - FACTORIES 1011 East Third Street Saint Paul, Minnesota 55106 August 1&=, _19,sEa z r Bear Gentleman; I ar. requesting permission to hr ve a.n . Off ice in my home. I own a window Clearing Company. This Company ha.s no - _zing to do with the Public coming to my home. I axin ��ot selling any thing from the premises of which I live. I have one employee, who is any Brother. There is no debree of equipment laying a.round, a.s there none* All we use is a bucket of water, poles, and a, few ladders, which sta,ys inside the truck �Lt a.11 times. There are , three vehicles. Two are ray personal vehicles, and the other is at C om Pick -up Truck. Two of the vehicles will be parked inside a- two car garage attached to my home. The other vehicle will be parked along side the ga.ra.ge ,- on a. place made for it (Such a.s a. Carport) . Feel free to contact nee if there a.re any further questions. s' Thanking you, Tony Lehman B . B . A . Haupt window C ing . Coo PLANNING COMMISSION GUIDELINES FOR OCCUPATIONS ' r 71e planning Commission concurs with the need for an appropriate definition ion I i1ome Occupation. It is also felt that while certain occu ations require P q .h& issuance of a special use permit, other activities such as those that d '- nvolve an of the following sh � ,� o no Y g uld b` a 1 low,�d without a. permi t: a )Employment of any person not residing in the dwelling nit. b - - Custo'e s g } m r visiting i ting the premises, c )Manufatr ture of products on the premises . . he Planning Commission proposes the following guidelines for - a Home O g g ccupatlon: 3 - Home Occupation requiring a permit is defined a s that occupation - conducted in a dwelling unit involving the manufacture and-or sale of of a product or service subject to the following limitations: a) Is conducted on a continuing basis, that is for more then 3 • J days . out of the year b)_ Not more then one person other then - members of the family residing g on the premises shall be allowed to engage in such occupation . c ) The use of the premises for the home occupation shall be clearZv incidental and subordinate to its use for residential purposes by its occupants, and no more than an area equivalent of 20% of the dwelling unit floor area shall be used in the conduct of the home occupation; d) There shall be no change in the. outside appearanc` of the, building or pre. or other visible evidence of the conduct of such home occupation other t;;an one sign, not exceeding one square foot in area, non- Jillumina ted, and mounted flat against the wall of the principal building. e) There shall be no retail sa] es of products P roduced off site in connection with such ho:ie occupation. • IrIo traffic Shall be generated ed b such home • f . - y. Y e occu a Lion in than Would normally be expected in a P greater volumes residential neighborhood, and the need for off-street parking shall not exceed more than, three of. f-- street parking spaces for the ho-me occupation t i on a t a given -� P any gl . en tis.,c- in - addition to the parking spaces required by the resident occupants; in no event shall such number of off s par p exceed a total of five such spaces for the premises and shall be off of the street other than in a required front. yard; N,`o equipment-or process -shall be used in such home occupation which crew g of se vibration, .glare, t umes, odors, or electr ' crea ' ial- interference detectabl to the normal senses off the "lot, if the occu e patios is coed Lrcted in a sf nyle fami residence, or outside the dwelling unit if conducted in other th 8 single family residence. In the case of electrical i = an nte_rf�rence, no _ equipment or process shall be used w:�ich creates fc -rence in any radio or television Bates visual or audible inter- . lsion receivers off the prea or - causes f lttctu4 t ions in line voltage off tre • premises . • 5A �Fc h }. Igo fire, or health hazzard hall exist for the re 7 i dents of the dwelling unit, customers o mployee. I y . ULU DUJ 11VCJJ A. p p Special al Exce ti on - Elm and Kohlman (Lehman) d the applicant i cant i s requesting ng approval _ of a special Secretary Olson say e _ pp q . to operate an office for window washing business from his future exception p home. Staff is recommending approval as outlined in their report. Mr. Lehman was present and said he would answer any questions. Commissioner Howard asked the applicant what vehicles would be at the property. Mr. Lehman said he has a van and a pickup truck . mmi ssi oner Howard suggested should be a requirement that the ted there s Co 9 _ pickup truck also be kept under cover. Com»i ssi oner Whitcomb moved that the P1annin Commission recgD] erd Council a rova o t e home occupation hermit for a wind .... to the Cit __ washing business, based on - the fi nd ngs tha t: 1. The home occupation will only amount to a business office use 2. Office uses are permitted under the Code with a special exception 3. The use should be compatible with the neighborhood 4 10 -20 -80 App roval is subject to the fo conditions: 1. The applicant shall apply for a renewal of the home occupation permit after one year from the date of this approval, to determine if the business has caused any nuisance 2. There shall be no outdoor storage of equipment associated with the business, other than a pickup truck 3. Conditions a - h of the Planning Commission guidelines for home occupations shall be met. Commissioner Fischer seconded Commissioner Howard moved an amendment to delete "other than a pickup truck" from condition #2. LL Commissioner Pel l i sh seconded Ayes - 6 Nays - 3 (Commissioners Fischer, Whitcomb, El1efson) Voting on the motion as amended: Ayes -- all '. 10. COMMISSION PRESENTATIONS 110 STAFF PRESENTATIONS 12, ADJOURNMENT Meeting adjourned at 8:58 P . M. Z MEMORANDUM , T0: City Manager Director of Community Development SUfJECT: Plan Update DACE: October 29, 1980 Z. The Planning Commission has completed a draft of the Comprehensive Plan. They will be holding neighborhood hearings during January and February. Any changes from the Council should be made. before these hearings The Council should set a date for a joint work session with the Planning Commission to review the Plan. Copies will be sent to the Council, yourself, and Department heads within the next several weeks. The Planning Commission should have a specific recommendation on dates at the Council meeting. rl llcu Date i - i QL vw 6 i t n • � . z , •�..� .> tom_., 1 ' f r l.i --LA G l • lc / TI VLJ t ti 777 - C. (/ �-, September 29, 1980 yl W the undersigned, request the Maplewood Co asking Ramsey County not to proceed with the McK-j Road and to pass a second resolution Mi nznesota to reconsider improving Highway :120 carrier for these reasons: } 1. Public Safety until to pass a reso luXion proposed improvement of requesting the State of as the main north /south Highway 120 i sAmore suitable place to bridge the Chicago -North Western Railroad Tracks because of the close proximity to East County Line Eire Department. 2. Public Service Highway 120 intersects I nterstate 694 on . the north and Interstate 94 on the south which McKnight Road does not and would better serve Lakewood Community College, 916 Vo- Tech "on the north and 3M Company on the south. 3. Publ i c Expense Highway 120 presents fewer curves, fewer problems to correct, is less residential, contains greater set backs already and would be less costly to improve. i r „ •l t _✓_ l� r' rte,�ir 1 . ; F ' `j �...1 , (' • ��. �S rtTC•1e 4 40 4 e lf 'All ob _.. ._s.1..,».. �.. ._ ti.�' +� �- _ .. _ . �. . �'`� _ .. ... 1 ! ern/ / - �- , ,••••.�... �- .....t ..t..v . ..... .......... mow...•... <..v. .. .. ... _. r � , ff � r ��•�- �- � ``� •� �/ � 1Jjj Jam( '` ',� �t; "PETITION TO STOP PROPOSED IMPROVEMENT OF McKNIGNT ROAD AND RECONSIDER IMPROVEMENT OF HIGHWAY 120:' ' /J10 .r - 4-Y IL doe de eel i z �� � .. �• 1 j ,� . - f'! ,I,! •s / /eta,./' --� i. I (� `' � ,. ` // w . ' . 1 t L_ j f ;, r.. 0- -% - � _ _� � � ��.« -�"� - +e,...•.� -.._ - .•... --._._ j J /� �. - .' / �• ' ' � -v+" � it � 'rr je - r ,.,� _.t�.�..._�_ �.. � _ l` � ...�.,��:: /•' ,- fr ! - fir { � ...w+...__.._ -- �, 7 .1 Z , `• J ! S 4 ZL_ J O;r 7L . rL, So 1 -7 _-Z, W ki t- ey 7 Ak x ��,1rs � - ...�.....,.r _ .. ... - - •-_-.•-- � �--.... .- .r.- .- �..:- .,�--- •-- t,� -t-.- ` ., _ _.. - - - _ _. 0 r ._ - -1 ..._ ` vl n , t e, t 0 1 /` • I L • "PETITION TO STOP PROPOSED IMPROVL-91ENT OF McKNIGHT ROAD AND RECON.SIDER IflPROVEMENT OF HIGHWAY 120." Io ZL U J PI IL I I (I -C— C, t� 'LIP "PETITION TO STOP PROPOSED IMPROVL-91ENT OF McKNIGHT ROAD AND RECON.SIDER IflPROVEMENT OF HIGHWAY 120." Io ZL U J PI IL I I (I -C— C, t� Bu or Sellin 771-3467 GEORGE OSTRAND. COMPLETE REAL ESTATE 1695 AMES AVE. ST. PAUL, MINN. 55106 c t �l L M=:A F�,Lc- 7 /t'rA /Y A e A, Z5 �EIAI 7(1 PIC S P PE-R Al 7' �S /NCE�fi <1�� I -W z. E:-1 t 1 TO: s F ROM : DATE: MEMORA City Manager' Director of Public Works ` October 30, 1980 OPTICOM INSTALLATIONS Attached is a copy of a °\proposed contract with Ramsey County for installation of emergency vehical pre- emption systems at the following locations; Larpenteur Avenue at Van Dyke Street, at Jackson Street, at Edgerton Street and at Parkway Drive. Installations at their locations have been requested by the City. Under the County's current policy, it will pay the cost of installation of the system. The City inturn agrees to pay for the maintenance of the opticom system and pay the future electrical cost for entire signal system on which the opticom is installed. This results in an ap- proximate yearly cost of $1,000 per intersection. Current installation cost is approximately $15,000. As these locations. are on the St. Paul boundary, it should be noted that St. Paul has a policy of not funding installations at the City Limits. It is their feeling that most emergency movement is into St. Paul and they already provide an extensive system inside the City Limits which is utilized by the sub- urban communities. Approval of the contracts is recommended. I \ Ramsey County DEPARTMENT OF PUBLIC WORKS 167 Courthouse St. Paul, Minnesota 55102 (612) 298 -4127 ' October 1, 1980 City of Maplewood Attention William Bittner 1902 East County Road B Maplewood, Minnesota 55109 Proposed Opticom Installation KENNETH E. WELTZIN Director and County Engineer -= PHYLLIS F. SPECKER Administrative Assistant This department proposes to install emergency vehicle pre- emption systems on four traffic signal systems within your city. These locations are Larpenteur Avenue at Van Dyke Street, at Jackson Street, at Edgerton Street and at Park- way Drive, You may recall, Opticom installations at these intersections were requested by the Joint Fire Chiefs Council in January 1979. You may recall also, Ramsey County allocates road and bridge funds for the installation of four or less Opticom installations each year. We have prepared agreements for the installation and mainte- nance of Opticom at these locations between the City and the County. The originals are enclosed. If they meet With your approval will you please present them to the City Council for execution at your earliest convenience. " /4c� An0000lr4opo llg""" .Kenneth E. Vleltzin, P.E. Director and County Engineer Pf s :m atts: Agreements Maplewood Letter 1/29/79 a AGREEMENT FOR INSTALI ATION AND MAINTENANCE OF EMERGENCY VEHICLE PRE- E14PTION _--THIS AG , by and . between the City of Maplewood, Minnesota, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a - political subdivision of the State of Minnesota, hereinafter referred to as the 'County" ; WIT SSETH: t� WHER EAS, it is considered mutually desirable to install an emergency vehicle pre - eruption system, hereinafter referred to as "EVP System ", at the signalized intersection of Larpenteur Avenue (County State Aid Highway 30) and Van Dyke Street, and CR 1B S E3 { C? 2 - 7 WHEREAS, the EVP System is for the sole use and benefit of the City, and WHER EAS , the County and the City will share in the maintenance and operation of the traffic signal system and EVP System, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County shall prepare the necessary plans, specifications and proposals and shall perform the engineering and inspection required to complete the installation of an EVP System, 2, The County shall install or cause the installation of a EVP System at the inpla,ce signalized intersection of Larpenteur'Avenue and Van Dyke Street at its own expense. 3. The City shall inst a7.1. vehicle emitter units on City emergency vehicles to pre -empt the EVP System; the emitters shall be at the sole expense of the City. 4. Upon completion of the EVP System installation necessary electrical power for its operation and the signal system s hall be at the sole expense of the City in accordance with the policy for Traffic Control Signal Systems, County Board Resolution 79 -944. The County shall pay energy costs of the integral street lighting in accordance with the policy for Lighting Roadways, County Board Resolution 78 -1394. 5. Upon completion of the EVP System, the County shall maintain and keep in repair the traffic signal including relamping, cleaning and painting at its expense . The County shall. maintain and keep in repair the EVP System, and the. City = shall reimburse the County for the actual cost thereof. ._ s 6. The County shall submit an invoice to the City annually.. ;isting all labor, equipment and Ynaterials used to maintain the EVP System. Labor costs and equipment costs will be at the established rates paid by the County at the time the work is performed, and material costs will be invoiced at the actual cost thereof to the County. Ten percent (10;x) of these costs will be added to the invoice to cover the County = s cost for supervision and administration. The City shall promptly pay the County the full amount due. 7. Upon written request by the County Engineer, the City shall maintain a log showing the date, time and type of emergency for which the EVP System was actuated. These logs shall be made available to the County. Malfunction of the system shall be reported to the County iynnediately: 8. All timing and related adjustments of the traffic conti-ol signal shall be determined by the County through its Traffic Engineer, =and no changes shall be made to these adjustments without the approval of the Bounty. '' 9. Except for negligent acts of -the Count, its agents and employees, the City shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the continuing uses by the City including but not limited to the operation, use and existence of the equipment for the EVP System. 10. Any and all persons engaged in the maintenance work to be performed by the County sha1.1 not be considered employees of the City, and any and all cla that may arise under .the Worker's Compensation Act of this State on behalf of these employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. IN WITNESS WHEREOF, the parties have hereto affixed their signatures. In presence of : CITY OF MAPLEWOOD, MEMSOTA By Its r B Its Date THE COUNTY OF RANSSEY By Robert J. Orth, Chairman Board of County Commissioners Approved as to Form: Attest, Harry . E . Marsh Chief Clerk- County Board ► A : i ice. LIL A s istant County Attorney Date ;j j Ij — 5 n � S 'j �j i5 a CIT 0 MAP.L-41LAWOOD � • I 1380 FIZOS "I% ANT N U E M A I'LE '\l'OOI). -1 INN ESO "I'A- 1515109 DEPARTMENT OF PUBLIC SAFETY OFFICE OF FIRE MARSHAL 777 -8131 January 29, 1979 Mr. Hal Norgard Ramsey County Commissioner 316 Ramsey County Courthouse St. Paul, Minnesota 55102, . Dear Commissioner No rgard : The Joint Fire Chiefs Council from the City of Maplewood has requested that I correspond with you relative to the upgrading of the emergency apticom system at the following intersections in our County: Larpenteur Ave. & Jackson St. Larpenteur Ave. & Edgerton St. Larpenteur Ave. & Parkway Dr. Larpenteur Ave. & Van Dyke Hwy. 120 & Hwy .. 212 Hwy. 120 & Hwy. 94 - Both Frontage Rds. Hwy. 120 & Minnehaha Ave. McKnight Rd. & Conway Ave. McKnight Rd. & 3M Co. Rd. McKnight Rd. & Hwy. 94 Your interest and cooperation in bringing this matter to a final solution will be very much appreciated. i Very truly yours, i A. C. Schadt Fire Marshal :- Cit of Maplewood '.CS:jS do Joint Fire Chiefs Council, Maplewood s ...i A 1 tJl' l•1.'-11'1. 11' UUl� j JOIN FIRE CHI EFS C OUNCIL EAST COUNTY LINE GLADSTON E =' PARKSIDE 1.a s V t1.� ��� r1� r � s r1.. s1..• r1� . V r't. • 1.a."� • • 1 • r1.a.1.�.V r t• r' \. ►'` r f1.. �V r fie. ts.'��. t • ►1.1.� ►1�i �1..'�.�. s�.a ►1• t1.� �s."�►.. ►�� r r 1.� s1. r r1.• .1� �1.s r •t r �"�.i �"'�.a t'� � 1� �"t,a �1.a January 11 1979 f Al Schadt Fire Marshal City of Maplewood 1380 Frost Avenue Mla - olewood 1��� X109 4 Dear Al Considerable time has passed since the first 0 ticom installed P was at some of the intersections in l-iaplewood. The Joint Chiefs Co feel t that a new effort should b Council l e made at this time to have the remaining intersections upgraded to this same level of safety. sections are as follows: Y• npratected inter- Iarpenteur and Jackson ' Iarpenteur and Edgerton Iarpenteur and parl�way Drive 3 Parkway Drive and Highway 61 6 Iarpenteur and VanDyke Highway 120 and Highway 212 (New Highway 120 and Highway 94 (Frontage Road No. Highway 120 and Highway 94 (Frontage Road So. Highway 120 and lUnnehaha McKnight and Conway McKnight and 3M Road McKnight and Highway 94 Fronta e Road ad No. Please initiate correspondence with Ramsey County y and any other involved . agency requesting budgeting for the upgrading of the signals s at t intersections in i980. € these _Thaink you in advance for your cooperation. neerely, a/ Gerry Heller Secretary GH/dh