Loading...
HomeMy WebLinkAbout1983 03-14 City Council Packetd AGENDA Maplewood City Council 7:00 P.M., Monday, March- 14, 1983 Municipal Administration Building Meeting 83 -06 A_), CALL TO ORDER B) ROLL CALL C) APPROVAL OF MINUTES 1. Minutes 83 -03, January 24, 1983 . 2. Minutes 83-04, February 14, 1983 D) APPROVAL OF AGENDA E) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 19 Accounts Payable 2. Sale of Excess Property -Beam & White Bear Ave. 30 H.R.A. Resignation F) PUBLIC HFARINGS 1. PUD: Gervais Overlook: 7:00 20 Rezoning: Century & Larpenteur (Priory) 7:15 (4 Votes) 30 Rezoning: Century Ave (Hillcrest & NSP) 7:15 (4 Votes) 40 Rezoning: Century Ave (Ivy to tracks) 7:15 (4 Votes) 50 Rezoning: E. County Line Fire Station 7:30 (4 Votes) 6. Watermain Extension - Crestview Drive 7:45 (4 Votes) G) AWARD OF BIDS 1. EMS Portable & Mobile Radio Units i H)UNFINISHED BUSINESS 1.Hazelwood Street Improvements 20 Maplewood Firefighters Relief Association 3.Settlement - Walton 40 Appointments - Boards & Commissions I NEW BUSINESS 10 Code Amendment - Planning Commission Terms 2.Transfer Funds - Nature Center 30 Frost Avenue: Birmingham - Adele 40 T.H. 61 - Frontage Road - Hearing Date 5.Neighborhood Commercial District 60 Carsgrove's Meadows 1st Addition - Final P1a.t J)VISITOR PRESENTATION K)COUNCIL PRESENTATIONS 1 2. 3. 4. 5. 1 6. 7. 8. 9. 10. M}ADJOURNMENTENT Y e e4 MINUTES OF THE MAPLEWOOD CITY COUNCIL y 7:00 P.M., Monday, January 24, 1983 Council Chambers, Municipal Building Meeting No. 83 -3 A CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:00 P.M. by Acting Mayor Bastian. Be ROLL CALL Gary W. Bastian, Acting Mayor Present John C. Greavu, Mayor Absent Norman G. Anderson, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUT 1. Councilmember Anderson moved to approve the following Minutes of Meeting No. 82- 31 (November 22, 1982),. Meeting o. (December , 2 , Meeting No. - ec'- ember 16, 1982). ee ing o. 8Z-34 - (Decem er , 2 as su mitte . Seconded by Councilmember Maida. Ayes - all. D. APPROVAL OF AGENDA Councilmember Anderson moved_ to approve the Agenda as amended: 1. Volunteerism 2. Wage and Hiring Freeze 3. Nepotism 4. Sewer. Bills Seconded by Councilmember Maida. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda Items 1 through 9 as recommended: 1. Accounts Payable Approved the Accounts (Part I, Fees, Services, Expenses, Check No. 01348 through Check No. 03177 - $34,033.46; Check No. 015352 through Check No. 15436 - $82,595.12; Checks dated January 13, 1983 - $171,052.15: Part II - Payroll dated January 14, 1983 - 55,515.48) in the amount of $343,196.21. 83 -1 -12 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF A PERMANENT REVENUE NOTE PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO COMMERCIAL PARTNERS /MAPLEWOOD FOR INDUSTRIAL DEVELOPMENT PROJECT 1/24 I _ RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOODthe "City") as follows 1. Authority. The City is, by the Constitution andLawsoftheStateofMinnesota, including Chapter 474 M' Act") .g P .. MinnesotaStatutes, as amended the Act ) authorized to issue and sell itsrevenuenotesforthepurposeofundertakinganauthorizedproject, to issue and sell notes to evidence temporary loans toberepaidfromtheproceedsofrevenuenoteswhenissuedandtoenterintocontractsnecessaryorconvenientintheexerciseofthepowersgrantedbytheActandtoledgerevenuesfandotherwisenotes, to p ledge o theprwi.se secure such 2. Authorization of Note and Series of Notes. TheCityCounciladopted - a resolution on Februaryy 9 1981 theResolution") authorizing the issuance and sale of a revenue noteoftheCityintheaggregaterincialamountof 'P P One Million OneHundredThousandDollars ($1,100,000) pursuant to the Actt toprovidemoneytobeloanedtoCommercialPartners /MaplewoodMinnesotaeneralartnersh' "Partnership"), P a g p ip (the to finance costs acquiring, constructing and equipping a commercialbuildingintheCity (the "Project Building") to' be owned by thePartnershipandleasedtovarioustenants, together with ne ces - sary equipment (the "Project Equipment ") to be located ermanent-ly in and become a art of the Pr P p Project Building or the sitethereof (the "Project Site ") and necessary site improvementscollective) the "Project" as P Y more fully defined in the Loan Agreement hereinafter mentioned). In anticipation of the issu- ance of the permanent revenue notes authorized b the Resolutionandinordertoprovide y p ide temporary financing for the Project, theCityissuedandsoldits $1,100,000 City f Maplewoodypwood IndustrialDevelopmentRevenueBond (Commercial Partners /Ma lewood Project)the "Temporary P op ry Bond ) which matures on February 1, 1983. TheCityCouncilshallnowissueandsellits $1,100 Q00 IndustrialDevelopmentPermanentRevenueNote (Commercial Partners MaplewoodProject) (the "Note ") . The City Counci 1 hereb determines thatytitisdesirableandexpedienttoauthorizeande • a • th City Councildoesherebyauthorize, the issuance and sale of a refundingrevenuenoteoftheCityonorpriortoF g P February 1, 1984 in theaggregateprincipalamountofOneMillionOneHundredThousandDollars ($1,100,000) to refund the Note. 3e Documents Presented. Forms of the followingdocuments (the Note Documents ") - relatingig to the Note and theProjecthavebeensubmittedtoandexaMinedb •y the City CouncilandarenowonfileintheofficeoftheCityy a) Loan and Purchase Agreement (the "Loan A - ment ") , dated as of February ^ gleey1, 19 81, by and a tong the City.,the Partnership and National City ank of Minneapolisypolls (theBank") whereby, among other things, the City grees to sellandthe , Bank agrees to purchase y 9 p chase the Temporary Bond, the CityagreestomakealoantothePartnershipoftheroceedsofthesaleoftheTemorarB P P y and and the Partnership covenantstocompletetheProjectandtopayamountssufficient rom toprovideforthepptpaymentoftheprincipalofandinterestontheTemporaryBond; 2 -1724 b) First Amendment to Loan and Purchase Agreementthe "Loan Agreement Amendment "), dated as of February 1, 1983, amending and supplementing the Loan Agreement, where- by, among other things, the City agrees to loan the proceedsofthesaleoftheNotetothePartnershipandthePartner- ship covenants to pay amounts sufficient to P rovide for the prompt payment-of principal, and interest on the Note; c) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage ") dated as of February 1, 1981, by and between the Partnership and the Bank, whereby the Partnership mortgages the Project Site,the Project Building and the Project Equipment (the "ProjectFacilities") as security for . the Temporary Bond (this document not to be executed by the City); d) First Amendment to Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage Amendment "), dated as of February 1, 1983, amending and supplementing the Mortgage, whereby the Partnership mort- gages the Project Facilities as security for the Note (this document not to be executed by the City); e) Guaranty Agreement (the "Guaranty Agreement ") dated as of February 1, 1981 from Robert M. Larsen individ- ually, Paul R. Anderson and Susan Anderson and Alan. W. Gustafson and Iris Gustafson (the "Guarantors") to the J3ank , whereby the Guarantors guarantee the payment. of principal of, premium, if any, and interest on the Temporary Bond to the extent provided therein (this document not to beexecutedbytheCity); f) First Amendment to Guaranty Agreement (the "Guar- anty Amendment ".) dated as of February 1, 1983, amending nd supplementing he Guaranty g 9 y Amendment, whereby the Guarantors guarantee payment of principal of, premium, if any, and interest on the Note to the extent provided therein (thisdocumentnottobeexecutedbytheCity); g) Assignment and Pledge Agreement (the "Assignment ")dated as of February 1 1 g y. i 981,whereby the City assigns totheBankallofitsinterestntheLoanandPurchase Agreement and Loan Repayments of the Partnership hereunder except its rights under P P g r Sections 5.02, 7.01, 8.04 and 8.05) , for the purpose of securing the full and rom t of the Temporary P PpaymentparyBond (the form of Assignment and Pledge Agreement attached as Exhibit 2 to the Resolution); h) First Amendment to Assignment and Pledge Agreementgthe "Assignment Amendment ") dated as of February 1 • 1983 amending and supplementing the Assignment, whereby he City ns to the Bank 1 Y yassignsallofitsinterestintheLoanAgree-ment, as amended and supplemented by the Loan AgreementAmendmentandLoanRepaymentsofthePartnershipthereunder except its rights under Section 5.02, 7.01, 8.04 and 8.05 for the purpose of securing the full and prompt a ent of the Note the form f P t o Assignment Amendment attached as Exhibit 2 hereto); 3 - 1/24 i) Assignment of Rents and ment ") dated as of February 1, 19 the Bank, whereby the Partnership leases of the Project to the Bank Temporary Bond (this document not City) ;_ and Leases (the "Lease Assign - 61 from the Partnership to assigns the rents and as security for the to be executed by the j) First Amendment to Assignment of Rents and Leases the "Lease Assignment Amendment "), dated as of February 1, 1983, amending and supplementing the Lease Assignment, whereby the Partnership assigns the rents and leases of the Project to the Bank as security for the Note (this document not to be executed by the City); 4. Findings. It is hereby found, determined and declared that: a) The Project, as described in paragraph 2 hereof and in the Lean Agreement, based upon the representations of the Partnership, constitutes a revenue producing enterprise and is a project authorized by and described in Section 474.02, Subd, la of the Act. b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: prevent- ing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; the development of sound industry and commerce to use the available resources of the community, in order to retain the benefit of the community's existing investment in education- al and public service facilities; halting the movement of talented, educated personnel to other areas and thus pre-serving the economic and human resources needed as a base for providing governmental services and facilities; adding to the tax base of the Citv and the county and school district in which the Project Facilities will be located. c) The Project has been approved by preliminaryresolutionoftheCouncildulyadoptedAugust7, 1980, after a public hearing thereon, duly called and held and has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act, d) The issuance and sale of the Note, the execution and delivery of the Loan Agreement Amendment and the AssiQ_n- ment Amendment and the performance of all covenants and agreements of the City contained in the Note, the Loan Agreement Amendment and the Assignment Amendment, and of all other acts and things required under the Constitution and laws of the,State of Minnesota to make the Note, Loan Agreement Amendment and the Assignment Amendment valid and binding obligations of the City in accordance with their terms, are permitted by the Act. 4 - 1/24 e) There is no litigation pending or, to the best of its knowledge threatened, against the City relating to the Project or to the Note or the Note Documents, or questioning the organization of the City or its power or authority to issue the Note or execute and deliver the Loan Agreement Amendment and the Assignment Amendment. f) The execution and delivery of and performance of the City's obligations under the Note, the Loan Agreement Amendment and the Assignment Amendment have been fully authorized by all requisite action and do not and will not violate any law, any order of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or. both) a default under any such indenture, agreement or other instrument. g) The Loan Agreement as'amended and supplemented by the Loan Agreement Amendment (hereafter, the "Amended Loan Agreement ") by the Partnership to the Holder of the Note for the account of the City of such amounts as will be suffi- cient to pay the principal of and interest on the Note when due. No reserve funds are deemed necessary for this pur- pose. The Amended Loan Agreement obligates the Partnership to provide for the operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. h) As required by the provisions of Section 474.10 of the Act, the Note shall recite that the Note is not to be payable from nor charged upon any funds other than amounts payable by the Partnership pursuant to the Amended Loan Agreement which are pledged to the payment thereof, and, in the event of default, moneys derived from foreclosure or other enforcement of the Note Documents; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel the exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City; the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and such Note does not constitute an indebtedness of the City within the meaning of any constitutional or statu- tory limitation. i) Nothing has come to the attention of the City Council to indicate that any member of the City Council (i) has a direct or indirect interest in the Project or any Note Document, (ii) owns any capital stock of or other interest in the Project or the Bank, (iii) will be involved in supervising the completion of the Project on behalf of the Partnership, or (iv) will receive any commission, bonus or other remuneration for or in respect of the Project, the Amended Loan Agreement, or the Note. 5 - 1/24 5. Lkpproval and Execution of Documents The forms of Mortgage Amendment, Loan Agreement Amendment, Lease Assignment Amendment, Guaranty Agreement Amendment, and Assignment Amendment referred to in paragraph 3 are approved. The Loan Agreement Amendment, and. Assignment Amendment shall be executed in the name and on behalf of the City by the Mayor and the City Manager inYg substantially the form on file, but with all such charges there - in, not inconsistent with the Act or other law, as may be a PP rov-ed by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The MortgageAmendment, the Guaranty Agreement Amendment and the Lease Assign-ment Amendment may contain such revisions as may be approved bytheBank, the Partnership and the Guarantors. The Mayor, CityManagerandCityClerkareauthorizedtoexecuteanddeliver, onbehalfoftheCity, such other documents as are required b the Amended Isoan Agreement, 4 Y 6. A proval of Terms and Sale of Note. The CityshallproceedforthwithtoissueitsCityofMapewoodIndustrial Development Permanent Revenue Note (Commercial Partners /MaplewoodProject), in the authorized principal amount of $1,100,000 substantially In the form, maturing, bearing interest, payable in the installments and otherwise containing he provisions segP t forth in the form of Note attached hereto as Exhibit 1, which terms and provisions are hereby approved and incorporated in this Note Resolution and made a part hereof. A single fully registered Note, substantially in the form of Exhibit 1 to this Note Resolution, shall be issued and delivered to the Bank in the authorized principal amount of 1,100,000 and as authorized by the Act, principal of and inter - est on the Note shall be payable at the office of the registeredownerthereofasitappearsontheregistrationrecordsmain - tained by the City Clerk in lawful money of the United States of America. The proposal of the Bank to purchase such Note at a price of $1,100,000 (100% of par value) is hereby found and determined to be reasonable and is hereby accepted. 7. Execution, Delively and Endorsement of Note The Note may be in ,typewritten or prin edform and shall be executed by the manual signatures of the -Mayor and the City Managerer and the official seal of the City shall be affixed thereto. When so prepared and executed, the Note shall be delivered to the Bank upon payment of the purchase price therefor, and upon receipt of the signed legal opinion of Faegre & Benson, of Minneapolis, Minnesota, bond counsel, pursuant to the Amended Loan Agreement,The Note shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6 - 1/24 80 Re istration Records. 'The City Clerk, as bond registrar, shall eep a on re i.ster in which the City sh all9yprovidefortheregistrationoftheNoteandfortransfersof theNote. The City Clerk is authorized and directed to deliver a certified copy of this Note Resolution to the County Auditor of Ramsey County, together with such other information as the Count require, and obtain h YAuditormayre4 . the certificate of the CountyAuditorastoentryoftheNoteontheCounty's bond register asYg .required by the Act and Section 475.63 Minnesota Statutes, 910 Mutilated, Lost Stolen or Destroyed Note If the Note is mutilated, lost, stolen or destroyed, the City may execute and deliver to the Holder a new Note of like amount, date, number and tenor as that mutilated, lost, stolen or de- stroyed; provided that, in the case of mutilation, the mutilated Note shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Note, there shall be first furnished to the City and the Partnership evidence of such loss, theft or destruction satisfactory to the City and the Partnership, togeth- er with indemnity satisfactory to them. The City and Partnership may charge the Holder with their reasonable fees and expenses in replacing any mutilated, lost, stolen or destroyed Note. 10. Transfer of Note; Person Treated as Holder The Note shall be transferable by the Holder on the bond register of the City, upon presentation of the Note for notation of such transfer thereon at the office of the City Clerk, as bond re is- trar, g accompanied by a written instrument of transfer in form satisfactory to the City Clerk and the City Attorney, duly executed by the Holder or its attorney duly authorized in writ - ing. The Holder seeking to transfer ownership of the Note shall also give written notice thereof to the Partnership. The Note shall continue to be subject to.successive'transfers at the option of the Holder of the Note. No service charge shall be made for any such transfer, but the City Clerk may require payment of a sum sufficient to cover any tax or other govern- mental charge payable in connection therewith. The person in Whose name the Note shall be issued or, if transferred, shall be registered from time to time shall be deemed and regarded as the absolute Holder thereof for all purposes, and payment of or on account of the principal of and interest on the Note shall be made only to or upon the order of the Holder thereof, or its attorney duly authorized in writing, and neither the City, the City Clerk, the Partnership, nor the Bank shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. The Note shall be initially registered in the name of the Bank. 7 - 1/24 This Note is issued pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (the "Act "), and in conformity with the provisions, restrictions and limitations thereof. This Note is not payable from nor charged upon any funds other than amounts payable by the Partnership, hereinafter mentioned, pursuant to the Loan Agree sent, hereinafter mentioned, which are pledged to the payment hereof and in an Event of Default, moneys derived from the foreclosure or other enforcement of the hereinafter mentioned Mortgage, Guaranty Agreement or Lease Assignment. The City is not subject to any liability hereon; no Holder of this Note shall ever have the right to compel the exercise of the taxing power of the City to pay this Note or the interest hereon, nor to enforce payment hereof against any property of the City; and this Note shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City; and this Note does not constitute an indebtedness of the City Within the meaning of any constitutional or statutory limitation. This Note is a special obligation in the principal amount of $1,100,000, which has been authorized by law to be issued and has been issued for the purpose of funding a loan to repay at its maturity a temporary loan from the City to the Commercial Partners /Maplewood, a Minnesota general partnership the "Partnership") to finance costs of acquiring a site for and constructing and equipping a commercial retail building in the City to be owned by the Partnership and leased to various tenants the "Project") and to provide permanent financing for the Project. This Note is issued pursuant to a Loan and Purchase Agreement by and among the City, the Partnership and the Bank, dated as of February 1, 1981, as amended and supplemented by a First Amendment to the Loan and Purchase Agreement dated as of February 1, 1983 (together, the "Loan Agreement ") and a Note Resolution of the City duly adopted February 19, 1981 and a Note Resolution of the City adopted on January 24, 1983 (the "Note Resolution "). Pursuant to an Assignment and Pledge Agreement dated as of February 1, 1981, as amended and supplemented by a First Amendment to the Assignment and Pledge Agreement dated as of February 1, 1983, (together, the "Assignment ") the City has assigned its interest in the Loan Agreement (except its rights under Sections 5.02, 7.01, 8.04 and 8.05 thereof) to the Bank. This Note is secured by the Loan Agreement, the Assignment, the Note Resolution, a Combination Mortgage, Security Agreement and Fixture Financing Statement by the Partnership to the said Bank dated as of February 1, 1981, as amended and supplemented by a First Amendment to the Combination Mortgage, Security Agreement and Fixture Financing Statement dated as of February 1, 1983 together, the "Mortgage ") , an Assignment of Rents and Leases dated as of February 1, 1981 by the Partnership to the Rank, as amended and supplemented by a First Amendment to the Assignment of Rents and Leases dated as of February 1, 1983 (together, the Lease Assignment ") and a Guaranty Agreement dated as of February 1, 1981 from Robert M. Larsen individually, Paul R. Anderson and Susan Anderson, Alan W. Gustafson and Iris 10 - 1/24 Gustafson (the "Guarantors ") to the Bank, as amended and supplemented by a First Amendment to the Guarani Agreement dated as of February g y 1, 1983 (together, the Guaranty Agreement") g g to which Loan Agreement, Assignment, Note Resolution, Mort a e,Lease Assignment, Guaranty Agreement, and amendments thereof reference is hereby made for a description and limitation of the revenues and funds pledged and appropriated to the payment of the Note, the nature and extent of the security thereby created, therightsoftheHolderoftheNote, the rights, dug , ties and smmun - ities of the Bank and the rights, immunities and obligations of the City thereunder. Certified copies of the Note Resolution and executed counterparts of the Loan Agreement, the Assignment,g ,Mortgage, Lease Assignment, and Guaranty Agreement are on file attheofficeoftheCityClerk, The Note shall be subject to prepayment on any interest payment date at the option of the City, at the request of the Partnership, in whole or in part, upon prepaymentent to the Bank ofPtheprincipalamountoftheNotetobeprepaidplusaccrued interest thereon to the redemption date. Notwithstanding anything herein to the contrary, if a Determination of Taxability shall be made within ninet y dayss o f the Closing (as defined in the Loan Agreement), the rate of interest on this Note shall automatically ncrease to the f Y greateroffifteenteenpercent (15.00 %) or a rate which shall at all times be equal to two and fifty hundredths percent (2.50$) above the rateofinterestpubliclyannouncedfromtimetotimebytheBankas its prime rate of interest on ninety -day unsecured loans to commercial borrowers of the highest credit rating and, if the Determination of Taxability shall be made subsequent to nine s 4 ninetydaysaftertheClosing, the rate of interest on this Note shall be the lesser of (i) fifteen percent (15.00 %) or (ii) a rate which shall at all times be equal to two percent (2.00$) above the rate of interest publicly announced from time to time by the Bank as its prime rate of interest on ninety -day unsecured loans to commercial borrowers of the highest credit rating and this Note shall be deemed to have borne interest at such fixed or variable rate from the Date of Taxability; and the PartnershippshalluponwrittennoticefromtheHolderoftheDetermination of Taxability, pay to the Holder hereof as additional interest the difference between the amount of interest actually paid from the Date of Taxability (regardless of whether the Bank is the P resentHolderoriftheNotehasbeenpaidorredeemed) and thereafter the Partnership shall pay such increased installments of interest thereon at such rate for the remaining maturity of this Note. The Partnership shall also pay the amounts of an interest penalties, additions to tax and additional amounts referred to in Subchapter A of Chapter 68 of the Internal Revenue Code for which ftb 11 - 1/24 the Sank has become liable as a result of a Determination of Taxability. Notice of any such prepayment shall be given to the owner or registered assigns of this Note by certified or registered mall, addressed to him at his registered address, not less than thirty (30) days prior to the date fixed for prepayment, and shall be published, if required b law, in a financial journal Y circulated in the English language in the cities of Minneapolis or St. Paul, Minnesota, at least once, not l than thirty (3 0 ) days before the date so fixed for prepayment. At the date fixed for prepayment, funds shall be aid to he p t owner hereof at the office of the Bank or shall be deposited with the Bank, sufficient to p aya the Note or the principal amount thereof to be prepaid and accrued interest thereon. Upon the happening of the above conditions, the Note thus called or the principal portions thereof prepaid shall not bear interest after the date of prepayment. This Note is transferable, as provided in the Note Resolution, only upon the bond register of the City Clerk, as bond registrar, by the owner hereof in person or by his dui authorized attorney, as provided in the Note Resolution. In case an Event of Default as defined in the Loan Agreement occurs, this Note and the Loan Repayments thereafter to become due under the Loan Agreement may become immediately due and payable, in the manner and with the effect and subject to the conditions provided in the Loan Agreement. The Holder of this Note shall have the right to enforce the provisions of the Note Resolution, Loan Agreement, Assignment, Lease Assignment, Guaran- ty Agreement and Mortgage. The terms and provisions of the Note Resolution, Loan Agreement, Assignment, Lease Assignment, Guaranty Agreement and Mortgage, or of any instrument supplemental thereto, may be modified or altered pursuant to Section 9.03 of the Loan Agree- ment and paragraph 11 of the Note Resolution. It is hereby certified and recited and the City Council has found: That the Project is an aliegible "project" defined in Section 474.02, Subd. la of the Act; that the issuance of this Note and the acquisition and construction of the Project will promote the public welfare and carry out the purposes of the Act; that the Project has been approved by the Commissioner of Secur- ities of the State of Minnesota as tending to further the pur- poses and policies of the Act; that all acts, conditions and things required to be done precedent to and in the issuance of this Note have been properly done, have happened and have been performed i regular and due time, form and manner as required by 12 - 1/24 law; and that this Note does not constitute a debt of the City of nwithinthemeaningany constitutional or statutory limitation, IN WITNESS WHEREOF, the City of Maplewood,-by its CityCouncil, has caused this Note to be signed in its behalf b the manual s g y signatures of the Mayor and the City Clerk and sealed with the corporate seal of the City, all as of the day of 1983. CITY OF MAPLEWOOD B Mayor And By Cit Manager Seal) Form of Transfer) For value received, the assign and transfer the foregoing the undersigned City Clerk of the registrar hereby certifies that t transferred and registered on the such Assignee. Name of Assignee Signature of Owner undersigned owner does hereby Note to the named Assignee, and City of Maplewood as note he foregoing Note has been Bond register in the name of Signature of Citv Clerk EXHIBIT 2 TO NOTE RESOLUTION Date of Transfer on Bond Register Form of First Amendment to Assignment and Pledge Agreement) This First Amendment to the Assignment Agreement dated as of February 1, 1981, between MAPLEWOOD, Minnesota, a municipal corporation in Ramsey and State of Minnesota (herein called the NATIONAL CITY BANK OF MINNEAPOLIS (herein called made as of the 1st day of February, 1983 between Bank and Pledge the CITY OF the County of City") and ' the the "Bank") is the City and the 13 - 1/24 Recital s The City has executed and delivered to the Bank its single fully registered Industrial Development Permanent Revenue Note (Commercial Partners /Maplewood Project) in the principal amount of $1,100,000 dated the date of delivery, (the "Note" ) issued pursuant to a resolution adopted February 19, 1981 and a Note resolution .adopted Jan- uary 24, 1983 (the "Note Resolution"), The proceeds of the Note have been Maplewood, a Minnesota general partners Purchase Agreement dated as of February Partnership as amended and supplemented chase Agreement dated as of February 1, ship (together, the "Loan Agreement " ), are to be loaned to Commercial Partners/ the "Partnership ") pursuant to a Loan and 1981, among the City, the Bank and the the First Amendment to the Loan and Pur- 33, among the City, the Bank and the Partner- or hip 1, by 1.91 The Note i s payabl e from and secured by the Loan Repayments to be made by the Partnership under the Loan Agreement and the Bank, as a condition to the purchase of the Note, has required the execution of this First Amendment. ACCORDINGLY, the following terms defined by parenthetical phrase and quotation marks in the recitals to this First Amendment shall have for the purposes of this First Amendment and the Assignment and Pledge Agreement dated as of February 1, 1981 between the City and the Bank, as amended, the definitions thereby given: Loan Agreement Note Note Resolution. IN WITNESS WHEREOF, the City has executed this First Amendment as of the date first above written, but actually on the day of , 1983. CITY OF MAPLEWOOD Seal)By /s/ John C. Greavu Mayor And By !s/ Barry Evans ity Manager 5.. Hill wood -Dorf and - Assessment Cancellation Resolution No. 83 -1 -13 WHEREAS, pursuant to resolution 82 -3 -32 of the City Council of Maplewood, Minnesota, adopted March 4, 1982, the special assessments for the construction of streets, sanitary sewers, watermains, storm sewers and appurtenants under the Dorland Road-- Hillwood Drive Improvement 78 -10, were levied against properties described as 57 01200 020 55 and 57 01200 100 57; WHEREAS, the City of Maplewood had previously entered into a development agreement with the owner of said property, under which the prorated project costs assigned to the property are to be reimbursed to the City directly. Furthermore, the developer furnished an irrevocable 1 etter of credit in the amount of 150 percent of said costs as payment surety. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 14 - 1/24 the assessments for City Improvement Project No. 78 -10, in the amount of $9,226.69 for parcel 57 01200 020 55 and $394,107.58 for parcel 57 01200 100 57 be, and the same are hereby cancelled. 4. Transfers to Close Improvement Projects Approved the following transfers: 5. Budget Transfer - Unemployment Compensation From 59331,29 Project 73 -13 2 Project 75 -6 76 ,.144.69 Project 79 -04 2 Project 79 -04 1,021.04 Project 80 -14 1,349.75 Project 80 -06 3 General Fund 5. Budget Transfer - Unemployment Compensation Authorized a budget transfer of $6,170 from Account 203 111 4360 to Account 203 199 4060 to finance unemployment compensation expenses. 6. Transfer of Project 80 -15 Costs Authorize a transfer of $1,958.22 from Project 78 -10 to the General Fund effective 12/31/820 7. Annual Report - Community Design Review Board Accepted the Community Design Review Board's Annual Report. 8. Metro HRA - Rental Rehabilitation Program Resolution No. 83 -1 -14 WHEREAS, the City of Maplewood desires to assist lower income families and in- dividuals to obtain adequate housing in the City of Maplewood at an affordable price and to accomplish* the purpose of undertaking a program of providing technical assistance and loans to property owners for the purpose of rehabilitating rental units for occu- pancy by low and moderate income families and individuals; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.123; and has been designated a housing and redevelopment authority pursuant to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Housing and Redevelopment Authority Act, Minnesota Statutes 462.411 to 462.711, and the acts amendatory thereto; and WHEREAS, the City of Maplewood and the Metropolitan Council desire to encourage the stabilization, revitalization, and rehabilitation of the rental property in the City of Maplewood; and WHEREAS, the City of Maplewood has determined that a program to encourage the rehabilitation of rental units is consistent with the housing goals of the City and consistent with the City's public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD that the Metropolitan Council is hereby authorized to implement the Rental Rehabilitation Loan Program to encourage the rehabilitation of affordable private rental units within the City of 15 - 1/24 To 1982 Temp.Imp.Bonds Sinking Fund 1982 Temp.Imp.Bonds Sinking Fund 1980 Temp.Imp.Bonds Sinking Fund Project 79 -15 1980 Temp.Imp.Bonds Sinking Fund 1980 Temp.Imp.Bonds Sinking Fund Project 81 -11 Authorized a budget transfer of $6,170 from Account 203 111 4360 to Account 203 199 4060 to finance unemployment compensation expenses. 6. Transfer of Project 80 -15 Costs Authorize a transfer of $1,958.22 from Project 78 -10 to the General Fund effective 12/31/820 7. Annual Report - Community Design Review Board Accepted the Community Design Review Board's Annual Report. 8. Metro HRA - Rental Rehabilitation Program Resolution No. 83 -1 -14 WHEREAS, the City of Maplewood desires to assist lower income families and in- dividuals to obtain adequate housing in the City of Maplewood at an affordable price and to accomplish* the purpose of undertaking a program of providing technical assistance and loans to property owners for the purpose of rehabilitating rental units for occu- pancy by low and moderate income families and individuals; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.123; and has been designated a housing and redevelopment authority pursuant to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment authority under the provisions of the Minnesota Housing and Redevelopment Authority Act, Minnesota Statutes 462.411 to 462.711, and the acts amendatory thereto; and WHEREAS, the City of Maplewood and the Metropolitan Council desire to encourage the stabilization, revitalization, and rehabilitation of the rental property in the City of Maplewood; and WHEREAS, the City of Maplewood has determined that a program to encourage the rehabilitation of rental units is consistent with the housing goals of the City and consistent with the City's public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD that the Metropolitan Council is hereby authorized to implement the Rental Rehabilitation Loan Program to encourage the rehabilitation of affordable private rental units within the City of 15 - 1/24 Maplewood and that the city administrator is hereby authorized to enter into an agree - ment with the Metropolitan Council for the operation of such program within the City. if 9. Letter of Resignation - Bill Howard Accept resignation of William Howard from the Planning Commission and adopted the following Resolution No. 83 -1 -15 WHEREAS, William R. Minnesota since at least time; and Howard has been a member of the Planning Commission of Maplewood, 1969, and has served faithfully in that capacity to the present WHEREAS, he ,has freely given of his time and energy, without compensation,. for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently con- tributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City that William R. Howard is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. U BUSINESS 1. Health Resources Inc. - Presentation a. Mr. Gerald McCarthy, Health Resources, Inc., appeared before the Council to ask that a letter of support for the proposed hospital be forwarded to the Metro- politan Health Planning Board. b. Councilmember Anderson moved that a letter of support for the relocation of St. John's Hospital to Maplewood be forwarded t e etropo itan Health Planning oar . Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS 1. Rezoning - Minnehaha - Castle Design 7:15 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding a petitioned change in zoning classification filed by Castle Design and Development Co., Inc. from R -1, Single Residence District, to R -3., Multiple Residence District, for property located on Minnehaha Avenue west of Century Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the Planning Commission recommendation. d. Mr. Ken Gervais, Castle Design and Development Co., inc., the applicant, spoke on behalf of the proposal. e. Acting Mayor Bastian called for proponents. None were heard. f. Acting Mayor Bastian called for opponents. The following were heard: 16 - 1/24 Mr. Jerry Erickson, 2670 Minnehaha Mr. John Moritz, 2708 Minnehaha Mr. Karold Kringle, 2688 Minnehaha g. Acting Mayor Bastian closed the public hearing. h. Acting Mayor Bastian moved approval of the rezoning from R -1 to R -3 the propertyPylocatedonthesouthsideoMinneaaAvenueacrossfromteayioarlt9. of way based on t e Plannin.g ommission recommen ation. Seconded by Councilmember Maida. Motion defeated. Ayes - Acting Mayor Bastian, Council members Juker and Maida. Nays - Councilmember Anderson. H. UNFINISHED BUSINESS (continued) 2. Code Amendment - Shoreland Ordinance - 2nd Reading (4 Votes) a. Manager Evans presented the staff report. b. Mr. John Stein, Department of Natural Resources, encouraged the Council to take affirmative action. c. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 534 AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO INCLUDE A SHORELAND OVERLAY DISTRICT THE COUNCIL OF THE CITY OF MAPLE1400D DOES HEREBY ORDAIN AS FOLLO14S: Section 1. Chapter 36 of the Code of Ordinances is amended to add Article IX as follows: ARTICLE IX. SHORELAND OVERLAY DISTRICT Sec. 36 -561. Purpose and intent. a) It is the purpose of this ordinance to provide for the wise utilization of shoreland areas, in order to protect water quality, the natural characteristics and visual appeal of protected waters, the local tax base, and the general health, safety and welfare of community residents. b) Enactment of this ordinance is to provide a mechanism to reduce the negative effects of shoreland overcrowd i nq , such as water pollution, inadequate space on lots for drainage and sanitary facilities, flood damages, and degradation of the aesthetic appeal and natural character- istics of designated shoreland and adjacent water areas. Sec. 36 -562. Establishment of a shoreland overlay district. 17 - 1/24 a) A shorel and overlay district, with its attendant regulations,. is hereby established as part of the zoning ordinance. This district shall overlay existinq zoninq districts, so that any parcel of land lyinq in the overlay district shall also lay in one or more of the underlying established zoning districts. b) Within the overlay district, all uses may be permitted in accordance with regulations for the underlying zoning district(s), if the uses meet the additional requirements established in this ordinance. Sec. 36-563. District boundaries. This overlay ordinance shall apply to the shorel and di stri cts' which are delineated on the official zoning maps. These maps shall be on file in the office of the director of community development for inspection and copying. Sec. 36 -564. Definitions. Average lot area: The average of the lot areas within a single development or phase. For a single lot, the minimum allowable area shall be no less than the averane lot area requirement. Boathouse: A structure used solely for the storage of boats or boating equipment. Building of record: A structure which was in existence or for which a building permit was issued prior to (effective date of this ordinance). Lot of record: A lot recorded with the Ramsey County Register of Deeds or Registrar of Titles prior to (effective date of this ordinance), Multiple Dwelling: Any residential structure containing two or more living units. Nonpoint source (NPS) pollutant: A contaminant that enters water by washing off the land or seeping into ground water, which alters the physical, chemical, or biological properties of water or the discharge into water of any substance that may create a nuisance or render such water detrimental or injurious to public health, safety or welfare. Nonpoint source (NPS) pollutant treatment: Storm water management practices which will reduce nonpoint source pollution prior to reaching a protected water. Ordinary high water mark (OHWM): A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Planned Unit Development: A development planned as a unit which incorporates: 1. Residential and commercial land uses, or an 18 - 1/24 2. Variation (s) from this shorel and overlay ordinance or underlying zoning district requlations relating to, but not limited to, density, setbacks, height limits and minimum lot area which are permitted by negotiated agreement between the developer, the municipality, and the commissioner of natural resources. Protected waters: Formerly referred to as publ i c. waters. means any water of the state as defined in Minnesota Statutes, Section 105.37, subdivision 14. • Regional flood: A flood which is representative of large floods known to have occurred in Minnesota and that can be expected to occur on an average frequency of once every 100 years. Shoreline: Land abutting the ordinary high water mark. Shorel and : Land located within the following distances from a protected water: 1. 1,000 feet from the ordinary high water mark of a lake, pond or flowage; and 2. 300 feet from a river or stream, or the landward extent of a flood plain on such a river or stream, whichever is greater. The practical limits of shorel ands may be less than the statutory limits, where such limits are designated by the natural drainage divides at a lesser distance and approved by the Department of Natural Resources. Structure:. Any bui l di nq, except aerial or underground utility lines,. such as sewer, electric, telephone, telegraph or gas lines, including towers, poles and other supporting appurtenances. Urban run-off: Storm water that flows over land or through a man -made drainage system, that usually contains litter, •organic or bacterial wastes. Sec. 36 -565. Shoreland classifications. a) Criteria for classification Percentages apply only to shoreland located in Maplewood) 1) Class I waters are defined as those DNR designated General Development waters in which at least 75% of the shorel and area is planned for commercial or industrial use, as defined by the Maplewood Land Use Plan. 2) Class II waters are defined as those DNR designated General Development waters not qualifying for Class I status 3) Class III waters are defined as those DNR designated Recreation Development waters having: a. At least 60% of the shoreline in public ownership, or b. At least 50% of the shorel and in public ownership, or c. Less than 10/ of the shorel and remai ni nq for development, excluding public open space, as of (date this ordinance becomes effective) 19 - 1/24 4)Class IV waters are defined as those DNR designated Recreation Development waters not ualifyin for Classq9 III status. I i 5)Class V waters are defined as those DNR designated Natural Environmental waters. r (b) Classification of protected waters 1) I Class I waters. 3M Pond Tanner's Lake - 2)Class II waters. Battle Creek Fish Creek Ge rva i s Lake 3 Class III waters. Casey Lake Keller Lake Lake Phalen Silver Lake Spoon Lake Wakefield Lake 4)Class IV waters Carver Lake Kohlman Lake Oehrl i ne' s Lake 5)Class V waters Beaver Lake Round Lake Section 36 -566. District development standards. a) Class I waters. With Without 1)Commercial Development Sanitary Sewer Sanitary Sewer a. Minimum building setback from the OHWM (feet)50 50 b. Minimum on -site sewage system setback from OHWM (feet)50 c. Maximum Impervious surface area M 50 50 with bonus ( %)*70 20 - 1/24 I 2)Multiple Dwelling. a. Minimum building setback from OHWM (feet)75 b . Maximum impervious surface area M 40 with bonus ( %)*60 b) Class II and III waters. 1)Commercial Development. a. Maximum building height (stories)4 b. Minimum building setback from the OHWM (feet)50 i c. Minimum water frontage (feet)75 d. Minimum on -site sewage system setback from the OHWM (feet) e. Maximum impervious surface area M 40 with bonus* water frontage lots M 50 other lots (60 2)Single dwelling a. Minimum water frontage 75 b. Minimum building setback from the OHWM (feet)50 c. Minimum on -site sewage system setback from the OHWM (feet) d. Average lot area water frontage lots (sq.ft.)15 e. Maximum impervious surface area M 30 with bonus* . water frontage lots (%)40 other lots M 50 3)Multiple dwelling. a. Maximum building height (stories)4 b. Minimum building setback from the OHWM (feet)75 c. Minimum water - frontage per development (feet)85 21 -1124 4 75 100 50 40 100 75 50 20,000 d. Maximum impervious surface 40 50 60 10, 3 75 75 3 100 150 75 30 30 40 50 75 150 75 100 75 20,000 15,000 30 40 50 40 , o00 40,000 30 22 - 1/24 area ( %) with bonus* water frontage lots (%) other lots ( %) e.Average lot area per unit water frontage lots (sq.ft.) c) Class IV and V waters. 1) Commercial development. a.Maximum building height (stories) b.Minimum building setback from the OHWM (feet) c.Minimum water frontage per development (feet) d.Minimum on -site sewage system setback from the OHWM (feet) e.Maximum impervious surface area ( %) with bonus* water frontage lots (%) other lots 2) Single dwelling. a.Minimum water frontage and lot width at building setback line (feet) b.Minimum building setback from the OHWM (feet) c.Minimum on -site sewage system setback from the OHWM (feet) d.Average lot area water frontage lots (sq.ft.) other lots (sq.ft.) e.Maximum impervious surf ace area M with bonus* Water frontage lots ( %) other lots ( %) 40 50 60 10, 3 75 75 3 100 150 75 30 30 40 50 75 150 75 100 75 20,000 15,000 30 40 50 40 , o00 40,000 30 22 - 1/24 3) Multiple dwelling. A. Maximum building height (stories) 3 b. Minimum building setback from the OHWM (feet) 75 c. Minimum water frontage per . development (feet) 85 d. Maximum impervious surface area M 40 with bonus* water frontage lots 50 other lots (°6 ) 60 e. Average lot area per unit water frontage lots (sq.ftJ 15 other lets (sq.ft.) 5 Refer to section 36 -566 (e) for requirements to qualify for an imper- vious surface area bonus. Impervious surface area limits shall be deter- mined using the total developable area of a parcel (above the ordinary high water mark and suitable for development), exclusive of streets and . sidewalks. d) Roads and parking areas. 1) Roads and parking areas shall be designed and located so as to retard urban run -off. 2) Where practical and feasible, all roads and parking areas shall meet the structure setback standards from the ordinary high water marker specified in section 36 -566 (a), (b) and (c). In no instance shall these impervious surfaces be located less than fifty feet from the ordinary high water. mark. 3) Natural vegetation or other natural materials shall be used to screen parking areas when viewed from the water. e) Impervious surface area bonus. To qualify for an impervious surface area bonus, as permitted in section 36 -566 (a), (b) and (c), significant man -made facilities shall be provided and maintained for the reduction of storm water flow or the treatment of urban run -off for nonpoint source water pollutants. The director of public works shall determine whether a proposed manage- ment practice(s) is adequate to warrant a bonus using criteria adopted by the city council and approved by DNR . The criteria w i l l be subject to revision from time to time taking into account the ,ost recent technology. A bonus may range from one to twenty percent for nonwater frontage lots and from one to ten percent for water frontage properties, dependent upon the practice(s) proposed. The director of public works shall forward a copy of proposed bonuses to the DNR for review and comment. 23 - 1/24 f) Water quality management plan. 1) All development within a shoreland area shall be subject to a water quality management plan, which is to be approved prior to construct- ion by the director of public works, except single and double dwellings meeting the following criteria: a. The parcel is not part of a plat created after (effective date of this ordinance). b. The parcel does not have frontage on a protected water. 2) A water quality management plan shall include, but not be limited to, a statement of the construction and effective maintenance of nonpo,int source pollutant treatment methods to be used to reduce potential water pollution associated with: a. Urban run -off b. Soil erosion after construction is complete, and c. Soil erosion during construction. These methods shall be in addition to any significant man -made facilities proposed for an impervious surface area bonus as permitted by section 36 -566 (e). g) Elevation of the lowest floor. Where no regulatory flood protection elevation has been established, no structure, except boathouses, piers and docks, shall be placed at an elevation such that the lowest floor, including basement, is less than three feet above the highest known water level. In those instances where sufficient data on known high water levels are notof available, the ordinary high water mark shall be used. h) Drainage. All development within shoreland areas shall be consistent with the intent of the Maplewood Drainage Plan, dated January 1974. M Exemption from setback requirements. Setback requirements from the ordinary high water mark shall not apply to boathouse, piers and docks. Location of piers and docks shall be controlled by applicable state and local regulations. j) Reduction in development standards. Where ashoreland property is - -a) separated from all protected waters by a principal or mayor arterial roadway, as defined by the MaplewoodLandUsePlan, b) the area does not drain directly to a protected water,and c) the visual impact of the area from the lake surface is minimal,,all applicable development standards may be reduced in restrictiveness by one protected waters classification. (i.e Property subject to Class III standards may be subject to Class II development standards.) an 24 - 1/24 k) Substandard lots and buildings. 1) Lots of record, not meeting the minimum lot area requirements of this shovel and overlay ordinance, may be allowed as a b u i l d i n g site, provided all other dimensional requirements of this shoreland overlay ordinance are complied with insofar as practical. 2) A building of record, which is caused to be substandard due to the enactment of this ordinance, may be expanded, provided that: a. The use and expansion are allowed by the zoning ordinance. b. Where practical and feasible, the improvements will not in- crease the substandardness of the building relative to the requirements of section 36 -566, except as permitted in section 36 -566 (d) (2) (c), or c, The setback of the structure, if a water frontage lot, is the average setback of adjacent residential structures from the ordinary high water marker or fifty feet, whichever is greater. 1) Boathouses. Boathouses may be allowed up to the OHWM provided: 1) They do not contain sanitary facilities. 2) They are not used for human habitation. 3) They are no larger than 160 square feet in area and one story in height. 4) They are designed to be aesthetically compatible with the natural setting insofar as practical. Section 36 -567. Shoreland alterations. a) Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water for aesthetic purposes. b) Grading and filling in shoreland areas may be authorized by a grading and fill permit. Such permit may be granted by the director of public works, subject to the approval of an eroision control plan. At a minimum, an erosion control plan shall require that: 1) The smallest amount of bare ground is exposed for a short a time as feasible. 2) Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted. 3) Methods to prevent erosion and trap sediment are employed. 4) Fill is stabilized to accepted engineering standards. so 25 - 1/24 c) Excavation on shorelands where the intended purpose is connection to a pro- tected water, shall require a permit from the director of public works before construction is begun. Permits may be obtained only after the Commissioner of Natural Resources has issued a permit for any work on the beds of pro- tected waters d) Any work which will change or diminish the course, current or cross section of a protected water or wetland shall be approved by the Commissioner of Natural Resources, and such approval shall be construed to mean the issuance by the Commissioner of Natural Resources of a permit under the procedures of Minnesota Statutes, Section 105.42 and other related statutes. Section 36 -568. On -site sewage treatment systems. a) All on -site sewage treatment systems shall be designed and installed in accordance with the Minnesota Pollution Control Agency Individual Sewage Treatment Systems Standards (6 h1CAR 4.8040). b) All existing sewage treatment systems inconsistent with the standards in Section 36 -368 (a) shall be brought into conformance or discontinued within five years from the date of enactment of this ordinance. Any noncon- forming sanitary facility found to be a public nuisance shall be brought into conformity or discontinued within thirty days after receiving written notice from the Maplewood environmental health official. Sec. 36 -569. Plan review. a) Subdivisions. 1) All plats which are inconsistent with the provisions of this ordinance shall be reviewed by the commissioner of natural resources. Such review shall require that the proposed plats be received by the com- missioner at least ten days before city council approval of a prelim- inary plat. 2) A copy of all plats within the shoreland overlay district shall be submitted to the commissioner of natural resources within ten days of final approval of the city council. b) Planned Unit Developments. (PUD) Altered zoning standards may be allowed as exceptions to the zoning ordin- ance for PUD's, provided that: 1) Proposals must be approved by the Department of Natural Resources prior to final approval by the municipality. The Department of Natural Resources shall have thirty days from the date of written noti f i ci ati on from the city to reply, after which time said proposal shall be con- sidered approved. 2) Open space is preserved, that would not have been preserved without the PUD. an 26 - 1/24 3) Where a density bonus is considered, the following factors are evaluated to ensure the proposed density will be consistent with the resource limitations of the protected water: a. Physical and aesthetic impact of any increased density b. Density of current development c. Amount of public shoreland and shoreline d. Levels and types of water surface use and public access e. Possible effects on over-all public use of the protected water 4) Any shoreline recreation facilities, such as beaches, docks and boat launching facilities are centralized. 5) The development is consistent with requirements for a PUD in the City Zoning Code. 6) An approved PUD shall not be modified unless approved in writing by the Department of Natural Resources and the city council. The Department of Natural Resources shall have thrity days from the date of written notification from the city to reply, after which time, said request shall be considered approved. c) Multiple family and commercial developments. Nonsi ngl a dwelling detached developments which would disturb at least one acre of shoreland, shall be submitted to the Commissioner of Natural Re- sources for review and comment at least ten days prior to Community Design Review Board approval. d) Reduction of development standards. Where standards would be reduced under section 36- 566(j), notification of the request shall be submitted to the commissioner of natural resources at least ten days prior to issuance of building permit or Community Design Review Board approval, whichever would come first. Sec. 36 -570. Variances and amendments. a) A copy of public hearing notices to consider variances and amendments to the provisions of this ordinance shall be received by the commissioner of natural resources at least ten days prior to such hearings. b) A copy of final decisions granting variances or ordinance amendments shall be submitted to the commissioner of natural resources within ten days of final action. Section 2. This ordinance shall take effect and be in force after its pas- sage and publication. Seconded by Councilmember Maida. Ayes- all. 27 - 1/24 3. Code Amendment - Special Use Permits - 2nd Reading (4 Votes) a. Manager Evans presented the staff report. b. Councilmember Juker moved to delete the ' wordi ng of political and insert govern mental units. Seconded by Acting Mayor Bastian. Ayes - all. c. Councilmember Anderson moved to strike seven years and insert 5 years in sub - section e. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker and Mai da. Nays - Acting Mayor Bastian. d. Acting Mayor Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 535 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 36 RELATING TO SPECIAL USE PERMITS Section 1. Section 36 -6 of the Code of Ordinances is amended by adding the following definition: Section 36 -6. Definitions. Conditional Use: A use requiring a special use or special exception permit. Section 2. Chapter 36, Article V of the Code of Ordinances is amended as follows: ARTICLE V. CONDITIONAL USE PERMITS Section 36 -436. Purpose and definition. Certain uses, while generally not suitable in a particular zoning district due to nuisance characteristics or incompatibility with permitted uses, may under certain circumstances be permitted. The purpose of this article is to provide the city with discretionary power to determine the suitability of certain designated uses upon the community. A conditional use is any use requiring a special use or special exception permit. Section 36 -437. Conditional Uses. Conditional use permits may be issued by the city council in any zoning district for any of the following: 1) Any of the uses or purposes for which such permits are required by the pro- visions of this chapter. 2) Public utility, public service or public building uses in any district, when found to be necessary for the public health, safety, convenience or welfare. 3) Mineral extraction in any district. 28 - 1/24 4) To permit the location of any of. the following uses in a district, from which they are excl uded : hel i oport 1 i brary, communi ty center, church, hospi tal , any institution of any educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of the human dead. 5) An off - street parking lot as a principal use in a commercial or industrial zoning district. 6)' The use of portions of an apartment building for commercial or business uses, such as a dairy store, drugstore, beauty parlor, barbershop, doctor's, dentist's or lawyer's office, and s i m i l a r uses. 7) A warehouse in an M -1 Light Manufacturing District. 8) Planned unit developments (PUD). Section 36 -438. Planned unit developments - - generally; definition, purpose and intent; requirements; etc. a) A "Planned unit development" is a development having two (2) or more principal uses or structures on a single parcel of land of at least five acres. A PUD may include town houses, apartment projects involving more than one building, multiuse structures, such as an apartment building with retail shops at groundfloor level, and similar projects. A PUD may not be divided unless the density distribution approved in the PUD is assured. b) It is the intention of this section and the other sections of this division relating to planned unit developments to provide a means to allow flexibility by substantial variances from the provisions of this chapter, including uses, setbacks, height and other regulations.. Variances may be granted for planned unit develop- ments provided that: 1) Certain regulations contained in this chapter do not realistically apply to the proposed development because of the unique nature of the proposed develop - ment. 2) They would be consistent with the purposes of this chapter. 3) The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 4) The variances would not constitute a threat of a substantive nature to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people* 5) The variances are required for reasonable and practicable physical development and are not required solely on the basis of financial considerations. c) The development shall conform to the plan as filed with the city. Any sub- stantive variations from the plan shall require recommendation by the planning commission and approval by the city council after a public hearing. 29 - 1/24 Section 36 -439. Outiots. a) No building permit shall be issued for construction upon any lot in the City designated as an outlot upon any plat, except by conditional use permit. b) The city council shall not grant a conditional use permit for building upon any outlot, unless said outlot meets the following conditions: 1) It meets the minimum size and frontage requirements provided for in this chap- ter. 2) It is ready for development and has the requisite public improvements. 3) The permitted density under this Code has not been transferred to another parcel and is therefore, sufficient to accommodate the proposed construction. 4) The outlot is not used for permanent common open space. 5) The proposed construction can overcome or accommodate topographical problems and peculiar site characteristics. (Ord. No. 481, 1 1 (§ 1005.030) 2- 21 -80). Section 36 -442. 440. Application. Application for conditional use permit shall be made to the director of community development upon the form supplied by the City. Specific application requirements shall be as stated on this form. The applicant shall also, at the time of filing such application, pay a fee to the director of community development to defray administrative expenses incurred by the city in the handling of the application, which fee shall be established by the city council, by Ordinance from time to time. The application for a conditional use permit shall include a site plan, showing the kind of conditional use proposed, its location on the property, landscaping and screening improvements, location of utility improvements, and ingress and egress from public roads, The plan shall comply with all building and zoning regulations, The applicant shall provide any other information requi red by the city. The council may condition the granting of the permit upon adherence to the site plan approved at the public hearing. Section 26 -441. Procedure. After an application has been submitted, the director of community development shall prepare a report and recommendation and submit it to the planning commission for a recommendation to the city council. The planning commission's recommendation and staff report shall then be forwarded to the city council for a public hearing. 0 The city council shall hold at least one public hearing on each application for a conditional use permit after a notice of the hearing has been published in the official newspaper at least ten (10) days before said hearing. The city council shall also cause a notice to be mailed to each of the owners of property located within the city within 350 feet of the boundary lines of the property upon which such use has been requested, which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing (Code 1965, § 911.030)0 Section 36 -442. Granting; vote of council; conditions; automatic periodic review; new conditions upon review. 30 - 1/24 - a) The city council may grant a conditional use permit by a majority vote. b) Approval of a conditional use permit shall be based upon the following find- ings: 1) The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2) The establishment or maintenance of the use shall not be detrimental to the public health, safety or general welfare. 3) The use shall be located, designed, maintained and operated to be com- patible with the character of that zoning district. 4) The use shall not depreciate property values. 5) The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general un- sightliness, electrical interference or other nuisances. 6) The use shall generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7) The use shall be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8) The use shall not create excessive additional requirements at public cost for public facilities and services; and shall not be detrimental to the welfare of the City. 9) The use shall preserve and incorporate the site's natural and scenic features into the development design. lo) The use shall cause minimal adverse environmental effects. 11) The City Council may waive any of the above requirements for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between govern- mental units of the state would be best served by such waiver. c) The city council,in granting a conditional use permit, may attach to the permit such conditions and guarantees as may be necessary for the protection of the public health, safety and welfare. The initial conditions may include a pro - vision specfyi ng a termination date for the permit. d) The proposed construction must be substantially started or the proposed use utilized wi t'hi n one year of council approval or the permit shall become null and void. The council may grant one six -month extension of the permit if just cause is shown. This requirement shall not apply to PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of com- munity development at least - thirty days before the expiration of the original con- ditional use permit. There shall be no charge for filing such petition. The re- quest for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the planning corimission for a recommendation and to the city council for a decision. 31 - 1/24 e) All conditional use permits shall be reviewed by the council within one year of the date of initial approval . At that review the council may specify an indef- inite term or specific term, not to exceed five (5) years , for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of the initial or subsequent reviews. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to changethestatusfd' g o conditional uses. Any conditional use that meets the agreed uponconditionsandis1aterdisallowedbecauseofthecityenactingoramendingofficial9 controls shall be considered a legal nonconforming use. f ) The council may, upon review, terminate the permit if the approved conditions may have been violated or the use is no longer in effect. Where the construction of a special building or structure of a monetary value in excess of $25,000 has been permitted the council shall provide for a period of amortization of not less than five years. Where public health, safety and welfare concerns are threatened the five year amortization period is not required and the council may determine the amortization period, if any, to be allowed. g) In the event the council in its review process decides to consider imposing additional conditions or termination of a conditional use permit, the city council shall hold at least one public hearing on that permit after a notice of the hearing has been published in the official newspaper at least ten (10) days before said hearing. The council shall also cause a notice to be mailed to each of the owners of property within 350 feet of the boundary lines of the property upon which such use has been established, which notices are to be mailed to the last known address of such owners at least ten days before the date of the hearing. (Code 1965, 1 1 911.040, 050 911.050; Ord. No. 417, § 1, 5- 12 -77). h) Whenever an application for a conditional use permit has been considered and denied by the city council, a similar application affecting substantially the same property shall not be considered again by the city for at least one year from the date of its denial, unless the council directs such reconsideration by at least four votes. M All conditional uses shall comply with the requirements of Section 36 -6 and any other applicable ordinance of the city. In order to determine whether a pro - posed use will conform to the requirements of this section, the council may obtain a qualified consultant to testify. The applicant shall be liable for the cost of the consultant's services. Section 36 -443. Conditional uses to conform to terms and conditions attached to grant- ing of permit. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms of the permit and of any conditions des - ignated in connection therewith. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended permit and all procedures shall apply as if a new permit were being issued. All uses existing at the time of adoption of this ordinance and by virtue thereof granted a conditional use permit shall be considered as having a conditional use permit which contains conditions which permit the land use and structures as they existed on said date and any enlargement, structural alteration, or intensification of use shall require an amended conditional use permit as provided for above. 32 - 1/24 Section 36 -444. Records. The director of community development shall maintain a record of all conditional use permits issued, including information on the use, location, conditions imposed by the council, time limits, review dates and other information as may be appropri- ate. Section 26 -445. Filing of permit. A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included, Section 26 -446 - 36 -460. Reserved, Section 3. This ordinance shall take effect after its adoption and publication. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 1 . Lower Afton Road - Bicycle a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption 83 -1 -16 BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, CITY COUNCIL the construct- ion plans and specifications for Lower Afton Road Bikeway and Bituminous Overlay, S.A.P. No. 62- 639 -04 are approved. Seconded by Councilmember Maida. Ayes - all. 2. Proposed Legislation Regarding Taxes Withheld by 3M Co. a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption 83 -1 -17 WHEREAS, the corporate headquarters of the 3M Company accounts for approxi- mately 34% of the total assessed valuation for the City of Maplewood; and WHEREAS, the real estate tax appeal by the 3M Company has resulted in over 720,000 of lost property tax revenues for the City of Maplewood; and WHEREAS, the City of Maplewood has levied 100/ of its authorized property taxes under the levy l i m i t law; and WHEREAS, the City of Maplewood is prohibited from making any special tax levies over the levy limit to compensate for property taxes being withheld by the 3M Company until the real estate tax appeal is settled in court; and 33 - 1/24 WHEREAS, a large special tax levy for several years of abatements would have an adverse impact on property taxpayers; NOW, THEREFORE, BE IT RESOLVED, that the Legislature is hereby requested to amend the statutes as outlined in the attached Exhibit A; BE IT FURTHER RESOLVED, that a copy of this resolution be sent to all Legis- lators representing portions of Maplewood. Seconded by Councilmember Maida. 3. Ramsey County Court Consolidation Ayes - all. a. Acting Mayor Bastian reported on the RCLLG Meeting pertaining to consolidation of Suburban Courts. b. Councilmember Maida introduced the following resolution and moved its adoption: 83 -1 -18 WHEREAS, the Ramsey County League of Local Governments established a study committee to review the Ramsey County Court Consolidation Study; WHEREAS, the study committee has issued a report on the Court Consolidation Study; WHEREAS, the City Council of the City of Maplewood desires to comment on the issue; THEREFORE, BE IT RESOLVED that the position of the City Council of the City of Maplewood is: 1) There should be a comprehensive cost - benefit analysis of the impact of consolidation on the county and municipalities. 2) There should be an assessment of the impact of consolidation on users. 3) There should be an assessment of capital costs and operational economics of three and one court options. 4) There should be a strong role for municipalities in the final decision making process. BE IT FURTHER RESOLVED that until the aforementioned analysis is completed, the City Council of the City of Maplewood opposes a reduction in the present five court system; BE IT FURTHER RESOLVED that the City Council of the City of Maplewood opposes any changes in existing law which would remove municipal approval for changes in court location. BE IT FURTHER RESOLVED that a copy of this resolution shall be transmitted to the Board of County Commissioners, the Ramsey County Municipal Court Adminis- tration and Ramsey County Municipalities. Seconded by Councilmember Anderson. Ayes - all. 34 - 1/24 J. VISITOR PRESENTATIONS it 1. Mr. Robert Cardinal, 1875 Arcade a. Mr. Cardinal stated his neighbors dog was impounded by MAPSI for running at large and did not have a dog license. MAPSI kept the dog for the five days and then it was put to sleep. Mr. Cardinal questioned if council was aware of this procedure. b.' Council stated that was the procedure for dogs that are impounded and not claimed. c. Council requested an article be placed in Maplewood in Motion emphazing MAPSI's procedure and that licensing of dogs is important. K. COUNCIL PRESENTATION 1. Volunteerism a. Councilmember Maida reported on the seminar regarding volunteerism that she attended. She invited other councilmembers to attend a meeting pertaining to volun- teerism in Maplewood on February 3, 1983 at 7:30 P.M. in the Council Chambers. The meeting will be a training session and will determine resources and a needs assessment. 2. Wage and Hiring Freeze a. Councilmember Anderson questioned when the freeze on hiring will end. b. Council was informed the hiring freeze was place on the entire year of 1983. c. No action taken. 3. Nepotism a. Councilmember Anderson questioned nepotism in city government. b. No action taken. 4. Sewer Bills a. Councilmember Anderson commented on the change of format for the sewer billing and requested staff to investigate the possibilities of providing return envelopes. Councilmember Anderson moved to waive the Rules of Procedures and add item K -5 Rezoning moratorium to the Agenda. Seconded by Councilmember Juker. 5. Rezoning Moratorium Ayes - all. a. Councilmember Anderson moved to refer to the Planning Commission the proposal to declare a one year moratorium on any rezoning from R-1 to an re erre the same to stafT7or review. Seconded by Councilmember Juker. Ayes - all. 35 - 1/24 L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:19 P.M. City Clerk 36 - 1/24 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 14, 1983 Council Chambers, Municipal Building Meeting No. 83 -04 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 7:02 P.M. by Acting Mayor Bastian. B. ROLL CALL Gary W. Bastian, Acting Mayor Present John C. Greavu, Mayor Absent Norman G. Anderson, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -01 January 10, 1983 Councilmember Juker moved to approve the Minutes of Meeting No. 83 -01 (January 10, 1983 ) as corrected: Page 6 — Item F -4A Capitalize Mayor Seconded by Councilmember Maida. Ayes — all. 2. Minutes No. 83 -02 January 20, 1983 Councibnember Anderson moved to approve the Minutes of Meeting No. 83 -02 January 20, 1983 as submitted. Seconded by Councilmember Juker. Ayes — all. E. CONSENT AGENDA Council removed Items E -1, 3, 7, 9, 10 and 16 from the Consent Agenda to become Items I -7, 8, 9, 10, 11 and 12. Councilmember Anderson moved, seconded by Acting Mayor Bastian, Ayes — all, to approve the Consent Agenda Items 2, 4, 5, 6, 8, 12 and 13 as recommended: 2. Final Plat - Cave's Century 2nd Addition Approved Cave's Century 2nd Addition final Plat. 4. Community Design Review Board Resignation: Tony Phillippi Accepted the resignation of Tony Phillippi and passed the following resolution: Resolution No. 83 -2 -19 1 - 2/14 WHEREAS, Tony Phillippi became a member of the Community Design Review Board of Maplewood in March 1979 and has served faithfully in that capacity; WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and the citizens of the City that Tony Phillippi is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish his con- tinued success in the future. 5. Planning Commission Annual Report Accepted the 1982 Planning Commission annual report. 6. Settlement: Projects 70 -5A and 71 -15 Morgan (nee Bochmer) Resolution No. 83 -2 -20 WHEREAS, pursuant to resolution 76 -8 -160 of the City Council of Maplewood, adopted August 24, 1976 the special assessments for the construction of Beam Avenue Street D /P No. 1564) were levied against property described by County Auditors Code No. 57 00210 510 50; and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be reduced in the amount of $2,062.32 ($10,166.00 to 8,103.68); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Beam Avenue Street D/P No. 1564 against the property des- cribed by County Auditor's Code No. 57 00210 610 50 be and hereby is reduced in the amount of $2,062.32 ($10,166.00 to $8,103.68); BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Resolution No. 83 -2 -21 WHEREAS, pursuant to resolution 76 -8 -162 of the City Council of Maplewood, adopted August 24, 1976 the special assessments for the construction of Beam Avenue Street and Bridge (D /P No. 1581) were levied against property described by County Auditors Code No. 57- 00210 - 610 -50; and WHEREAS, it is the desire of,,this Council that the said assessment against the property described herein be reduced in the amount of $614.68 ($3,991.00 to $3,376.32); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Beam Avenue Street and Bridge against the property described by County Auditor's Code No. 57 00210 510 50 be and hereby is reduced in the amount of $614.68 ($3991.00 to $3,376.32); BE IT FURTHER RESOLVED, THAT THE Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. 2 - 2/14 Resolution 83 -2 -22 WHEREAS, pursuant to resolution 76 -8 -160 of the City Council of Maplewood, adopted August 24, 1976 the special assessments for the construction of Beam Avenue Street (D /P No. 1564) were levied against property described by County Auditors Code No. 57 00210 590 50; and WHEREAS, it is the desire of this Council that the said assessment against the property described herein be reduced in the amount of $2,062.32 ($10,166.00 to 8,103.68); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Beam Avenue Street (D /P No. 1564) against the property de- scribed by County Auditor's Code No. 57 00210 500 50 be and hereby is reduced in the amount of $2,062.32 ($10,166.00 to $8,103.68); BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. Resolution 83 -2 -23 WHEREAS, pursuant to resolution 76 -8 -162 of the City Council of Maplewood, adopted August 24, 1976 the special assessments for the construction of Beam Avenue Street and Bridge (D /P No. 1581) were levied against property described herein be reduced in the amount of $614.68 ($3,991.00 to $3,376.32); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Beam Avenue Street and Bridge (D /P No. 1581) against the property described by County Auditor's Code No. 57 00210 RC 50 be and hereby is reduced in the amount of $614.68 ($3,991.00 to $3,376.32); BE IT FURTHER RESOLVED, that the Ramsey County Auditor be and is hereby authorized to make the necessary changes in his records to properly reflect this action. 8. Part Time Vacancy - Police Approved the request of the Police Department to hire a part time maintenance person to fill the vacancy. 12. Award of Damages - Project 80 -10 Lakeview Lutheran and Fenton Award the following damages for taking of easements for Project 80 -10 Lakeview Lutheran Church $10,300.00 James and Lorraine Fenton $,250.00 13. White Bear Avenue Improvements - Burke to 36 Ramsey County received bids for the road and signal improvements for White Bear Avenue from Burke Avenue to T.H. 36. Arcon Construction Company is the lowest re- sponsible bidder. The City Council has previously approved three agreements identify- ing the City's share of the construction cost. The City's share, based on bid prices, totals $20,041.73 for road and signal improvements. This is reasonably close to the originally estimated total City cost. Approved a motion to concur with the award of bid to Arcon Construction Company and authorize payment of the City's share to Ramsey County in accordance with the appropriate agreements. 3 - 2/14 F. PUBLIC HEARINGS 1. Plan Amendment - Rezoning - 2335 Stillwater Road 7:00 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding a zoning district classification (BC -M to R -3) and a comprehensive plan amendment SC to RH) for property listed at 2335 Stillwater Road. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: Commissioner Fischer said inasmuch as the applicant expresses no intention of expanding further and inasmuch as the neighbors are not on the whole objecting to what is there, but do not care to see future expansion and because under the present situation future expansion could occur, moved that the Planning Commission recommend to the City Council approval of the resolution for the Plan amendment from SC to RH, based on the finding that the RH classification would bring the subject parcel into conformity with the land use classification of the surrounding properties. Commissioner Sletten seconded. Ayes- Commissioners Axdahl, Barrett, Fischer, Pellish, Sletten, Whitcomb. Nays - Commissioner Prew Abstained - Commissioner Hejny (was not a member of the Commission during the 1980 action) Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the resolution to rezone the subject parcel from BC (M) to R -3., based on the findings that: 1. The proposed R -3 zoning is consistent with the spirit, purpose and intent of the Zoning Code. 2. The proposed change will not 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. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The rezoning would best serve the interest of the public by assuring that any future enlargement or expansion of the commercial structure would not have a significant or adverse affect on the neighborhood. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Pellish, Prew, Sletten, Whitcomb. Abstained - Commissoiner Hejny." d. Mr.Donald "Johnson°, 2329 Stillwater Road, the applicant, and his attorney, David Esling, spoke requesting the present zoning remain. e. Acting Mayor Bastian called for proponents and opponents. The following were heard: Mr. Mike Kline, 2334 Stillwater Road (Change zone) 4 - 2/14 Mr. Dennis Mix, 2332 Stillwater Road (Leave zoning) f. Acting Mayor Bastian closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -2 -23 WHEREAS, a proceedings for the amendment of the Maplewood Comprehensive Municipal Plan entitled "Plan for Maplewood" has been initiated by the Maplewood City Council for a change of planned use from SC, service commercial to RH, high density residential for the following generally described area: Lot 6, Auditors Subdivision Number 77. WHEREAS, the procedural history of the proposed amendment is as follows: The City of Maplewood has a Comprehensive Municipal Plan entitled "Plan for Maplewood" adopted pursuant to the provisions of Minnesota Statutes, Chapter 670, Laws 1965 (the Municipal Planning Act, Minnesota Statutes Annotated, Sections 462.351 to 462.364 thereof); 2. Minnesota Statutes, Section 462.355, Subdivision 2 and 3 thereof, provide for amendment of the Comprehensive Municipal Plan or of any section thereof; 3. An amendment of the Comprehensive Municipal Plan has been proposed by the City Council and referred to the Maplewood Planning Commission, which held a public hearing on the 17th day of January, 1983 pursuant to Minnesota Statutes, 462.355, Subdivision 2 thereof, notice by mail and publication having been given, heard all who wished to be heard, considered all written and staff reports and analysis. WHEREAS, the Maplewood City Planning Commission, having considered the testimony of those present, all written submissions to it and staff reports, approved the amendment on the following finding of fact: The proposed RH classification would bring the subject parcel into con- formity with the land use classification of the surrounding properties. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby cer- tifies the above described amendment to its Comprehensive Municipal Plan entitled Plan for Maplewood ". Seconded by Councilmember Juker. Ayes - all. h. Councilmember, Anderson introduced the following resolution and moved its adoption: 82 -2 -24 WHEREAS, a rezoning procedure has been initiated by the Maplewood City Council for a zone change from BC (M), business commercial (modified) to R -3, residence district (Multiple dwelling) for the following described property: Lot 6, Auditors Subdivision Number 77 5 - 2/14 Such property being also known and numbered as Number 2335 Stillwater Road, Maplewood, Ramsey County, Minnesota; WHEREAS, the procedural history of this rezoning procedure is as follows: 1. That a rezoning procedure has been initiated by the Maplewood City Council, pursuant to Chapter 36 of the Maplewood Code; 2. That said rezoning procedure was referred to and reviewed by the Maplewood City Planning Commission on the 17th day of January, 1983, at which time said Planning Commission recommended to the City Council that said rezone procedure be approved. 3. That the Maplewood City Council held a public hearing to consider the rezoning procedure, notice thereof having been published and mailed pursuant to law, and 4. That all persons present at said hearing were given an opportunity to be heard or present written statements, and the Council considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above described rezoning be granted on the basis of the following findings of fact: 1. The proposed R -3 zoning is consistent with the spirit, purpose and intent of the Zoning Code. 2. The proposed change will not 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. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The rezoning would best serve the interest of the public by assuring that any future enlargement or expansion of the commercial structure would not have a significant or adverse affect on the neighborhood. Seconded by Councilmember Maida. Ayes — all. i. Councilmember Anderson moved to initiate a change in the Land Use Plan for a plan amendment for the RH designated area of Stillwater Avenue - Stillwater Road to a RM designation.tion. Seconded by Councilmember Maida. Ayes — all. 2. Code Amendment — Multiple Lots 7:15 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding an amendment to the Code of Ordinances to regulate the construction of dwellings on multiple lots. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. 6- 2/14 c. Chairman Les Axdahl presented the following Planning Commission recommendation: Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the proposed ordinance regulation building on multiple lots. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Heiny, Pellish, Prew, Sletten, Whitcomb. Nays - Commissioner Fischer." d. Acting Mayor Bastian called for proponents. None were heard. e. Acting Mayor Bastian called for opponents. None were heard. f. Acting Mayor Bastian closed the public hearing. g. Councilmember Maida moved first reading of an ordinance amending the Code to regulate the construction of wel ings on mu tip e lots. Seconded by Councilmember Anderson. Ayes - all. 3. Liquor License - Red Lobster 7:30 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing to consider the application of Thomas James Mueller for an On Sale intoxicating liquor license to be located at the Red Lobster Restaurant on the northwest corner of White Bear Avenue and Beam Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Mr. Tom Mueller, the applicant, spoke on behalf of his request. d. Mr. Ron Gates, representing Red Lobster, explained the procedures of opening a Red Lobster Restaurant. e. Acting Mayor Bastian called for proponents. None were heard. f. Acting Mayor Bastian called for opponents. None were heard. g. Councilmember Anderson introduced the following resolution and moved its adoption: 82 -2 -25 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on February 14, 1983 an On Sale Intoxicating Liquor Lic- ense was approved,for Thomas Mueller, dba Red Lobster, 2925 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Maida. Ayes - all. AWARD OF BIDS 1. Animal Control - MAPSI 7 - 2/14 a. Manager Evans presented the staff report. b. Acting Mayor Bastian moved to approve the 1983 MAPSI contract for animal control as presented: Administration Fee $37.50 per month Hourly Pate 15.00 Boarding Fee 5.00 per animal Euthanasia Fee 7.00 Special Call Out 15.00 per hour Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS 1. Rezoning - Minnehaha Avenue - Castle Design - Reconsideration a. Councilmember Anderson moved reconsideration of action taken at the meeting of January 24, 1983 regarding the rezoning on Minneha a Avenue - Castle Design and t the reconsideration be placed on t o gen a or the e ruary 28, 1983 eetina. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS 1. H.R.A. Criteria for New Dwelling for First Time Buyers. a. Manager Evans presented the staff report. b. Associate Planner Randy Johnson explained the specifics of the program. c. Councilmember Anderson moved to notify the following HRA recommended criteria to select among first -time home buyer new construction prop s: 1. Preference will be given in the following order for location: a. In -fill development within a "target area ". No purchase price ceiling will be imposed other than the ceiling established by the Department of Housing and Urban Development (for 1983 -- $103,070). b. In -fill development outside of a "target area." The purchase price must not exceed the Metropolitan Council's 1983 ceiling for modest cost housing (expected to be about $75,500). c. Non in -fill development. The purchase price must not exceed the ceiling for modest cost housing (item l.b.). Note: In -fill development is defined as the construction of a single or double dwelling on an existing lot. Subdivision of an existing lot into no more than two parcels will be permissible. 2. Unit mix - -nonin -fill Preference will be given to developments including a mix of units affordable to persons earning more than and less than the adjusted income ceiling of $39,000. 8 - 2/14 Notes: (a) Income credits are $750 per adult up to two persons and $500 per child/dependent. b) Federal law requires that for the first six months, 100% of a developer's allocation of mortgage money must be for units affordable to persons within an adjusted income of $31,200 or less. If these units are not purchased, the developer may market to persons with an adjusted income of $59,000 or less to commit their allocation. 3. Preference will be given in the following order regarding the builder participation fee: a. Proposals to pay more than the minimum required builder participation fee to reserve an allocation (presently set at two points). The additional monies would be used to improve the cash flow for the bond issue. b. Proposals to pay more than the minimum fee and use the excess to buy -down the interest rate on the tax - exempt mortgages for the builder's individual development. c. Proposals to pay the minimum required builder participation fee. 4. Preference will be given for energy - efficient construction. Requirements for selection shall include, but not be limited to: a. Relative standing regarding the above - described selection criteria b. Submission of a construction schedule consistent with loan origination period requirements c. Proof of construction financing d. Proof of site control prior to bond closing e. Favorable builder reputation and experience f. Zoning and building plan approvals prior to July 15, 1983. Seconded by Acting Mayor Bastian. Ayes — all. 2. H.R.A. Senior Residence Site — Woodmark, Inc. a. Manager Evans presented the staff report. b. Associate Planner Randy Johnson presented the H.R.A. recommendation. c. Mr. David Briggs, Woodmark, Inc., spoke on behalf of the request. d. Acting Mayor Bastian moved to approve a site chance from Gervais -White Bear Avenue to the Parkway Drive - Highway 61 site for the zesty senior residence component of the HRA's senior citizen /first time home buyer housing program. Seconded by Councilmember Anderson. Ayes — all. 9- 2/14 3. Approval - Plans and Specs - Highway 61 Frontage Road a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 82 -2 -26 WHEREAS, pursuant to resolution passed by the City Council on May 6, 1982, plans and specifications for T.H. 61 Frontage Road (Improvement Project 80- 10) have been prepared by or under the direction of the City Engineer and he has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specificat- ions. The advertisement shall be published twice, at least three weeks before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m. on the 11th day of March, 1983, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City engineer are hereby authorized and instructed to receive, open and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, at the regular City Council meeting of March 14, 1983. Seconded by Councilmember Maida. Ayes - all. 4. Moratorium: R -1 to R -3 Opinion a. City Attorney Pat Kelly presented an opinion prohibiting rezoning from R -1 to R -3. b. Councilmember Anderson moved to an amendment to the Land UsedaTnr zoning from R-3 to R-1. authorize an inhouse studv investiaati Seconded by Acting Mayor Bastian. Ayes - all. c. Councilmember Anderson moved a one year moratorium on new applications for rezoning from R -1 to R- Seconded by Councilmember Juker. Ayes - all. 10 - 5. Wage and Salary Recommendation a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the AFSCME Maintenance and Clerical Technical Contracts for 1983 as presented including the following changes: 1. An across the board 55¢ per hour increase 2. $20 increase on hospitalization (this affects only 26 employees as the others have single coverage) 3. Freezing the movement within the step plan in the Clerical Technical Contract. This means that all employees in that unit will receive the amount enumerated in #1 and that no one will receive a step increase in addition 4. 3¢ an hour increase for heavy equipment operator and lead person when an employee acts in that capacity 5. Return of 13 days seniority lost in 1982 strike. Seconded by Councilmember Juker. Ayes — Councilmember Anderson, Juker and Maida. Nays — Acting Mayor Bastian. Councilmember Anderson moved to authorize a budget transfer from the Contingency Fund to cover the costs of the wage increase for the AFSCME contracts. Seconded by Councilmember Juker. Ayes — Councilmember Anderson, Juker and Maida. Nays — Acting Mayor Bastian. c. Acting Mayor Bastian moved to table the non union personnel salary discussions until the meeting of February 28, 1983. Seconded by Councilmember Anderson. Ayes — all. 6. Appointments to Boards and Commissions a. Council established the following meeting schedule to interview the applicants for the City's Boards and Commissions: Thursday, February 17, 1983 7:00 P.M. to 8:30 P.M. Wednesday, February 23, 1983 7:00 P.M. Thursday, February 24, 1983 7:00 P.M. 7. Accounts Payable Councilmember Anderson moved to approve the accounts (Part I, Fees, Services, Expenses — Check No. 015437 through Check No. 015487 - $81,977.74: Check register dated February 14, 1983-$260,657.61: Part H Payroll —Cheeks registered $43,492.29) in the amount of 386,027.64. Seconded by Councilmember Juker. Ayes — all. 8. Fuel Monitoring System a. Acting Mayor Bastian moved authorization to proceed with the purchase of 11 - 2/14 the fuel monitoring system in the amount of $16,908.00 as recommended. Seconded by Councilmember Anderson. Ayes — all. 9. Planning Commission Resignation —Ed Kishel a. Acting Mayor Bastian stated he will contact Mr. Ed Kishel requesting he stays as a member of the Planning Commission. b. Acting Mayor Bastian moved to table this item. Seconded by Councilmember Anderson. Ayes — all. 10. Designation of Depository a. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -2 -27 BE IT RESOLVED, that the following be and hereby is selected as a depository for time deposits of the City of Maplewood: Bank of America BE IT FURTHER RESOLVED, that the deposits in the above depository shall not exceed the amount of F.D.I.C. or F.S.L.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security; and BE IT FURTHER RESOLVED, that funds in the above depository may be withdrawn and wire transferred to any other official depository of the City by the request of the City Treasurer or Finance Director; and BE IT FURTHER RESOLVED, that this depository designation is effective until changed. Seconded by Councilmember Maida.Ayes — Councilmember Anderson, Juker and Maida. Nays — Acting Mayor Bastian. 11. Dispatching Agreement — North St. Paul, Oakdale and Woodbury a. Acting Mayor Bastian moved to approve the dispatching agreement between the Cites North St. Paul, Oakdale and Woodbury as presented. Seconded by Councilmember Anderson. Ayes — all. 12. Mutual Aid Fire Contracts a. Acting Mayor Bastian moved to approve the Mutual Aid Fire Contracts between the City and Capital City Mutual Aid Association for a five year term. Seconded by Councilmember Anderson. Ayes — all. J. VISITOR PRESENTATIONS None. 12-2/14 K. COUNCIL PRESENTATIONS 1. Cable TV a. Councilmember Juker reported on the events at the last Cable TV Meeting. 2. Volunteerism a. Councilmember Maida stated there will be a meeting regarding "volunteerism" on March 24, 1983 at 7:30 P.M. in the Council Chambers. 3. Senior Citizen Sewer Bills a. Councilmember Anderson stated he had received calls from senior citizens complaining about the increase in the sewer rates and the discontinuing of the discount for senior citizens. b. No action taken. 4. Liquor License Zones a. Acting Mayor Bastian explained about liquor license zones and stated he thought about issuing licenses by per capita by neighborhoods. b. No action taken. L. ADMINISTRATIVE PRESENTATIONS None. ADJOURNMENT 9:58 P.M. j 13 - 2/14 I I 4 11L S i I i 1W 1983 CITY OF MA FL E WO CD CHECK R -G T ST" CHECK AO.OA TE AMOUNT V -NflO?ITEM DESSRIP T:OF.ti 046502 03/02/83 724.50 P %l STATE TR= ASURER MCTOR VEw LIC aFL 046502 03/02/83 156.00 MN STATE TREASUREQ DRv&VERS LIC P?L p80.50 t 046758 03/02/83 10740 AAMSY CTY CONCIL CRT AMB BILLINGS 107.00 046A89 03/02183 15900 MN DEPT C= ENERGY TRAVEL T I % &T t G 15000 0475D2 03/02/R3 843.25 r: STATE TR.AJR :.MOTOR VEH L_C PBS 047502 D 3102 /33 140.00 rN ST ATE TR= ASUR:;DRIVLRS LZ PSL 983.25 04R742 03/C 2f83 54.00 CLERK OF OISTR CNTY DRIVERS LIC 54.00 t 04QB40 03/02/99097 NONTG CMERY WARDS SUPFL TES ' 99.47 t 049441 r:03/02/33 574.00 MAPLE LEAF OFFIC UwP;? L OFD I"'. I- LS 049441 03/02/83 44000 MAPLE LEAF OFFIC U1APIRL OFF:C:ALS 049441 03/02/83 1 .9150950 MAPLE- LEAF OFFIC UMP: °:. 0 C i1 LS 2,164.50 t r f t r 049471 03/02 /93 165.75-M ^TRO WASTE CONTROL SAC RTf,.N`R 165.75 -t 049472 03/02/193 16, 575.00 N-TRO WAST` CONTROL SAC PBL 16 tom #t 049502 03/02M3 997.00 PN STATE TR_ A SUgER MCTOR VF. 4 LZ C PF 049502 03/02/R3 2.5P3.00 MN ST ATE TREASURER MOTOR V_H L:^ OF 049502 03102/93 21300 MN STATE TREASURER DRIVL LIC PEL 0495,32 03/02/83 294.00 MN STATE TREASURER CMI vLF?S LIC PaL 4087.00 • kx 049504 03/02/83 787.75 MN STATE TREAS SUR TAX PBL 1983 CITY OF MAPLEWOCD CHECK REGISTER CHECK AC.DATE AMOUNT T ONr 049504 03/02/83 15*76-PK STATE THE AS S U F T X R E'T Alr NE R 771.99 049551 03/C2/83 15000 PN R17 C & DARK ASSEN STAT-:- TOURN':4t,.T 049551 03f02/83 6500 MN Rr-C & PARK ASSN STAT= T w'"' U R N M %T 215.00 053152 03/O2/R3 4e00 JUDY CHLE5Z*-CK TRAVEL TRAV'41'10:0-i 053152 03/02/83 101.0 JUDY CHLE6-BECK TP AV L TR A 1 N G 053152 03/02/83 4*35 JUDY CIJL--BC'CK TRAVEL T R A, I N 1 "N G! 053152 03/C2/83 500 Jucy CHLE BECK R E C 3 R COIL N J3 F= E- 14o35 053458 03/02/83 49950 FCCCNALDS KC"; CL K; DS CAY.RS 49.50 053502 03/02/R3 931o00 MN STATE TRZAZ-)UPER MCTO.1-l' Vb:-'w LTCA. 053502 03/02/83 17200 NN STATE T R E. A S URER LIC' FFL 19103.00 053317 03/071193 16*00 UNITE-3 WAY TRAVEL T R 4 N 1 `J Gj 16.00 053841 03/02/P3 17500 BIRCH PARK SKI COOL KID,`3 Cft"P-RS 175.00 054456 03/02/93 8*00 METRO AR_A MGMT T P,4V7 L TRAIN. `4 P'.00 054472 03/02/83 19862*09 Mv-'7R0 WASTE CONTROL DUE TO GOVTUNITS 106209 0545n2 03/02/83 19311o75 MN STATE TREASURER W.CTOR VEH LIC PBL C54502 03/02/33 269*90 PAN STAT "E. T R Z A S UR ER DRIViRS LIC PBL 19580o75 19R3 C'TY OF MAPLEWOOD CHECK REG?ST -R CHECK Ab.DATE AMOUNT V =NpC ITEM DESCRIPTiOti 054842 03/02/83 64900 WERNER URSULA REFW4 66.00 054843 03/02/83 1.112.61 BRCS CARET REFUND DEPOT 1,112.61 055502 03/O2/R3 3.701.50 WN STATE TREASURE?MCTOR. VET? L- PE 055502 03/02/R3 154.00 MN STATE TREASURER DR U-R Ll.. CPL 3, 855.50 055557 03/02/83 401800 MN STATE TREAS PERA-PERA DED 055557 03/02/83 3960803 MN STATE TREAS PERA PERA D_0 055557 03/02/83 1701 MN STATE TREAS PEPA PERA DED 055557 03/02/83 41 .10 1 N.STATE TREAS PERA PERA DED 055557 03/02/R3 20.06 MN STATE TREAS PERA PERA DED 055557 03/02/t3 96.57 MN STATE TREAS PERA PER:D_D 055557 03/02/83 162.96 MN ST TREAS PEPA PERA DED 055557 03/02/83 180.92 v STATE TREAS PERA PERA OED 055557 03/02/83 35,77 MN STATE TREAS PERA PIRA D =D 055557 03/02/83 49.88 MN STATE TREAS PERA PERA I3EJ 055557 03/02/93 351.48 MN STATE TREAS PEPA PERA DED 055557 03/02/R3 134,39 MN STATE'TREAS PERA PERA DE 055557 03/02/83 3 MN STATE TREAS PERA P" RA 0_D 055557 03/02/93 360.11 MN;STATE TREAS FERA PEKE 0 D 055557 03/02/93 259.24 MN ST ATE TREAS PERA PEPA OED 455557 03 /02 /R3 167.16 MN STATE TREAS PERA PERA uED 055557 U3/02/83 219.83 MN ST ATE TREAS PERA PE PA u =D 055557 03/02/83 123900 MN STATE TREAS PERA PERA D,-0 055557 03/02/R3 574 MIV STATE TREAS PEPA PER N0 055557 03/02/83 314 * A4 MN STATE TREAS PERA P =RA 0:-0 055557 03/02/93 33946 MN STATE TREAS PERA PiFCA DEO 055557 03/02/93 185.34 M"l STATE TREAS PERA FERA D 0 055557 03/02/R3 293980 MN ST ATE TREAS PERA PERA 0 0 0555.57 03/02/83 75.35 MN STATE TREAS PERA FERA 0 C55557 03/02/83 120.19 MN STATE TPEAS PERA FERA DED 055557 03/02/83 87.63 MN STATE TREAS PERA pEP.A OED 055557 03/02/83 62.34 MN STATE TREAS PEPA PERA,DED 055557 03/02/R3 47.16 MN STATE TREAS PERA PER LED 055557 03/02/93 62.29 MN'STATE TREAS PERA PERA OE0 055557 03/02/83 159QI MN STATE TREAS PERA PERA 073 055557 03/02/83 365.77 MN STATE TREAS PERA PERA D =D 055557 03/02/93 116.118 MN STATE TREAS PERA PEFA u =0 16,491.59 t ff : *tt 055742 03/02/83 60.00 CLERK OF DIST COURT CNTY DRIVERS LIC 60.D0 r tt4 *fir* 1983 CTTY OF MAFLEW10D CHECK REG. STER CHECK NO.DATE AMDUN T V= hOCR ITEM Dr.S'R TP -T _ ON 055844 03/02/83 25.00 8A RST CW ROSE SPEIK E.P. FE=25.00 # i 056394 03/02/83 149M50.00 LATS PANNTGAN ANO A "= M='L E _ ,..NT..149850.00 t 056502 03/02/83 349.00 MN STATE TREASUR_R DRTV P:S L.0 _P9 L349.00 t 059015 059015 03/02/83 03/02/83 317.95 AFSCM uh ICS Du= ; tL5932AFSCMUNIC`. GUL PEL323.27 059153 03/C2/83 1206 CTY EP-LCYEES C/U CREr) T UN :0 P12.968.00 #L 059282 03/C2/83 58900 GOVT TRAINING a EpV TR;;VL T3AIN:'yG58.00 ; mot *t* 059330 059330 03/02/83 03/0 ?. /83 450.45 ICNA PETIREMNT D =F COMP P3L 99.96 ICMA PETIT -' 'OEF COMP PAL550.41 t 059373 03/02/93 14500 ROS KANS 145.00 059453 03/02/83 19,034.60 MAPLEW3CD STATE RNK FUT P/R 18,034.60 0594T0 03/02/83 24000 PETRO SUPER V ASSN Uh.IC*4 DUES P FL 24.00 059502 059502 03/02/83 03/02/83 16.494.00 MN STATE TREASURER MCTQR VEH L:C PSL320.On M "4 STATE TREASURER DRIVERS LIC C9L V 073039 03102/13 27.K3 ACRO- MINNESOTA INC 1983 CITY OF MAFLEWOCD 27.63 + CHECK REGIST =R 073946 03/C2/83 148.50 ADUAZ YME MI CHEM.' CAL T 0 1 L= T;, CHECK kle DATE AMOUNT AOUAZYME MIDWEST CHEMICAL TC:L'TS VENDO;.ITEM"! D= SCRipT ON 148.50—AQLAZYVE MIDWEST Cri EM:CAL TOILETS 16, 814.00 115.50 AQUAZYME MIDWEST CHEMICAL TOILETS 264.90 05952n 03/02/13 276.9()MN 9E hEFIT ASSN MBA i NS P8L ARKAL S AU'0 SERVICE SUBS M!EMBERSNIP 276.90 93080083 6 3 ARNA66 =P 2 03/02/83 40.00 AR NAL S AUTO SERVICE SUBS MEMBER S jJ: P 40.00 059540 93/02/83 237000 MN MUTUAL LIFE F/R C::3UC. T 237.00 f 03/02/33 56932 EATTERY * TIRE WHSE SUPPLIES 059556 03/02/83 20000 MN STATE R ET IR E MN' T DL C 0MP 200.00 t 059 559 03/02/R3 7, 638.98 MN STATE TREA S S/S S/S R SL 059559 03/02/83 7 638.98 MN STATE TR_A S V.S.S/S PBL 15, 27 7.96 059874 03/02/83 8 MN STATE COMM REV SWT L /R 8.249.14 f 059913 03/02/13 163973 WISC DEPT REV STATE TAX P3L 163.73 V 073039 03102/13 27.K3 ACRO- MINNESOTA INC SUBS MEMBERSHIP 27.63 + 073946 03/C2/83 148.50 ADUAZ YME MI CHEM.' CAL T 0 1 L= T;, 073046 03/02/83 148.50 AOUAZYME MIDWEST CHEMICAL TC:L'TS 073046 03/02/83 148.50—AQLAZYVE MIDWEST Cri EM:CAL TOILETS 073046 03/02/R3 115.50 AQUAZYME MIDWEST CHEMICAL TOILETS 264.90 0731) 52VOID 43/O2/R3 27.63 ARKAL S AU'0 SERVICE SUBS M!EMBERSNIP 073052 93080083 6 3 ARNA66 =P 073052 03/02/83 40.00 AR NAL S AUTO SERVICE SUBS MEMBER S jJ: P 40.00 f 073080 03/02/33 56932 EATTERY * TIRE WHSE SUPPLIES 1983 CITY OF MAFL: W:)O }CHECK REGISTER CHECK N3.DATE AMOUNT v N0CR ITEM DESCRIP T. C% 073080 03/02/83 80.94 BATTERY + TIRE WVSE SUPPLIES 073080 03/02/83 21.39 BATTERY + TIRE WHSE SUPPLIES 073080 03/02/83 52.20 BATTERY + TIRE YHSE SUFPLiES 210.95 073089 03/02/83 23.41 EEFG- TORSETH INC SUPPLIES V--H 23.41 + 073103 03/02/83 25955 BOARD OF WATER COMM UTILITIES 073103 03/C2/83 16.75 BOARD OF WAT_R CCMw UTILITIES 073103 03/02/83 12 o9l BOARD OF DATER CO UT IL r T? E S 073103 03/02/83 14 BOARD OF WATiR COM UTILITIES 69.70 073108 93/02/R3 360.34 BRAD RAGEN INC SUPPLIES VEI 360.34 t 073110 03/02/83 120 0RISS1 AN KENNEDY SUPPLIE JANT 073110 03/C?/93 12070 ER!S., MAN KENNEDY SUFPL IcS JAN T 073110 03/07/83 12.70 SRTSS wA N KENNEDY SUPPL IBS JAy T 12.70 073115 03/02/83 3.60 FROWN PHOTO FIr REFINISH 3.60 073130 03/02/83 12.60 CAPITOL RUBBER STAmP GFFIC_ SUPPL:* S 073130 03/02/93 7 CA FIT CL RU9BE R ST MP OFFICE SUPPL IE S 20.55 073138 03/02183 4R 950 CA RLS CN EOU I P M' AT CO SUPP L i ES EOU:p 073138 03/02/83 29.10 CA RLS CN EGUI PM' NT CO SUPPL IBS 77.60 1173151 03/02/83 25.00 CITIZENS LEAGUE SUB ML MBErRSHiP 25.00 073188 03/02/83 12993 D + D SPEEDOMETER SE SUPPLIES 3 ^/ Y^ C3 1983 CITY OF MAFLEWOOD CHECK REGISTER CHECK NO.DATE AMOUNT VENDOR ITEM DES"R I? TI CN 12.9 3 073194 03/02/83 28,84 DAME L F FAUST TRAVEL TRA IN i-%G 28.84 073209 03102 4000 DENN:.S MULVA NLY HEALTH INS RE 40.00 073217 03/02183 23292.3 E K GU - HL CO OFF;C:. SUPPL I 232.2.3 073235 03/02/83 264.00 FABRA GRA'HICS STAFF SHIRT) 264.00 * f 373236 03/02/83 200000 BARRY EVANS VEH ALLO« f 200.00 * 073260 03/C2/83 16.50 Grlk If,DUST SUPPLY CO SUPPLIES 073260 03/02/'3 58,32 GEN I ROUST SUPPLY vf_'C SUP'L: 74.82 073270 03/02/83 305.00 GECRGES BODY SHOP R_PA 4 MAINT 305.00 ! 073302 03 /C ? /83 6500 HENN_t =IN COUNTY CHILE TRAV; =L TRAIN] %G07330203/02/83 90000 HENNE PI N COUNTY CH: E TRAVcL TRAIN V G 155.00 alla 073322 `03/02/83 300 HOWIES LOCK + KEY SE SUPPLIES07332203/02/83 7.00 FO 61E S LACK + KEY SE KEYS 073322 03/G2/83 5000 FO6TES L^K + KEY SE KEYS 073322 03/02/83 5.00 MO61ES LOCK + KEY SE SUPPL ES 073322 03/02/83 31.00 HOWIES MC + KEY SE KEYS 55.00 073344 03/02/83 2.356.63 INTERSTATE DETROIT RE PA: R MaINT i 29 356.63 3 ^/ Y^ C3 J "1 X-89-3 1983 CITY OF MAPLEW000 CHECK REGISTER CHECK NO.DATE AMOUNT V_NDOR ITEM 073348 03/02/R3 74.38 INTL BUS MACHINTS CO OFFICc SUOPL'S 74.38 073359 03/02/83 443 *32 lTASCA EQU;PMENT CC REPA _ P MA INT 443.32 073384 03/02/83 74.54 KNCK LUMB =R COMPANY SLPPL.? S 74.54 t 073386 03/02/83 11 KOKESH ATHLETIC SUPP SUP ?L iES aR 11.31 073401 03/02/83 35.00 R_CHARD LANG CANl%4E SU =PLiES 35.00 073415 03/0 ? /83 204500 LEAGUE OF M NN CIT E SUBS M:.M3E.RS ti: F 2,545.00 073425 03/02/83 29688 *91 LOGIS CCtiTRACT PYM 073425 03/02/R3 19027 *19 LCGZS CCNTRLCT PYM 3*716.10 073477 03/02/83 35.00 CANIEL METTLE'R CANI%: SUPPL:.S 35.00 073486 03!02/83 10000 MIDWAY GARAGE SUFPL S VEH 073486 0 3/02 /R3 10000 M ICWAY GAS AGE SUPPL T ES VEH 073486 03/02/83 10000 MIDWAY GARAGE SUPPLIES VEri 30.00 073488 0 3/0T/R3 2R *1 5 M1 DWEST SPECIALTIES SUPPLIES 28.15 J "1 X-89-3 1993 CT TY OF MA PL E YO OD CHEC R EG'ST_m CHECK N0.DATE AM)UNT VENDC M IT; : SSD _,R sR 073506 03/02/83 8.75 MINNESOTA REARING CO S FpU L,_8. * 073565 03102/83 03/0.2 83 170.00 MITCHELL wrNFIELD A AP PRAPia ISA 073565 03/C2/83 _ 170.00 440 MITCHELL WINFI -LD A APPRAISAL 073565 03/02/83 00 960 *00 PITCHELL WINFIELD A MITCHELL WINF IELD A APPRA IS) L 073565 073565 03/02/83 03/02/83 2* 240.00 MITCHELL WINFIELD A APPRA ZSAL APPRA ISAL100.Ot1 4OR0.00 MITCHELL WINFIELD A APPRA ISAL 073585 03/02/83 - --20000 MULVANEY OENN S S4FTE Y SH3E320.00 073588 03/02/83 9300 MUNIC. F:tiANCE OFFIC BOOKS1300 ttttt 073616 03/02/83 36.40 NATIONAL BUSINESS Sy M:CR0F'+' ='H36.4 0 073632 03/02/R3 135 NATL REGT3TRY OF E M R:.CERTIFTCATILlJ135.00 1073644 03/02/83 R5a30 NORTH CENTRAL CONST c o -U-PLI..S 85.30 + h 0T3658 073658 03/02183 03/02/83 9 940072 NORTHERN STATES #OWE UTILITIES 073658 03/C2/83 840.21 NORT STATES POWE UT IL; TIES 073658 03/02/83 2.40 NCFTH_RK STATES POKE UTILITIESIlIIES 073658 03/02/83 2.40 NORTHERN STATES POPE UTILITIES 073658 03/02/83 2.40 NORTHERN STATES POW7 UTiLZTI_S 073658 03/02/83 3.53 NCATHERN STATES F06 UTILITIES 073658 03/02/83 3.53 NORTHERN STATES POLE UTILI TIES 073658 03/02/83 2040 NORTHERN; STATES F0WE UTILI TIE S 073658 03/02/83 604.01 NORTHERN STATES Pa1,z UTZLIT cS 073658 03/02/83 19803.6! NCFTHERA STATES P06E NORTHERN STATES POWs UTILITIES UTILITIES073658 073658 03/02/83 03/C2/83 69951 NORTHERN STATES POWE UTILI TI =S 073658 03/02/83 80.40 36.13 NCATHERN STATES FO6c UTILITIES NORTHERN STATES. P 0 WE UTILITIES 1983 CITY OF MAFLr —WOGD CHECK REGISTER CHECK NCO.DATE AMOUNT ITEM Dr;,-SCR i TI Clk 073658 03/02/83 6008985 NOFTH`RN ST"TcS POWE UTILITIES 073658 03/02/83 77.36 N CFTHER N STATES F ONE UTILI TAI E S 073658 03/02/83 90.39 NORTHERN STAATES POWE _UTILITIES 073658 03/02/83 92422 N.OPTHfRN STATES POiE UTILITIES 073658 03/C2/83 112.72 hCRTHE -RN STATES P0Mr UTIL'TIES 073658 03/02/83 32.57 NORTHERN STATES P0ImE UT+LITI S 073658 03/02/133 203.N0 NCRTH= -RN;STATES POWE UTIF LIT.IES 073658 03/02/83 4.25 N0RTHERN STATES P36E UT 1L +TIES 073658 03/02/83 4.25 NORTHER'STATES P3WE UTILI TIE S 071658 03/02/'93 4 lY 0 RTH E R N STATES P0WE UTILI TI =S 073658 03/C2/83 4.25 N CRTN_P N STATES P OkE UT ZLI TTE S 873658 03/02/83 4.25 NCFTHERN STATES FOkE UTILITIES 073658 03/02/83 77074 NORTHERN STATES PCWe UTILITIES 073658 03/02/83 153.02 NORTHERN STATES Polot UTILITIES 073658 0 3/02/83 244.31 N CRTHEP. A STA T ES P 016E UTILI T T E S 073658 03/02/83 20.4'1 NOfiTHTRA STAT *_S PuiL UTILITIES 073658 03/02/83 319.78 NORTHERN STATES P0WE UT ILI T.£S 073658 03/02/83 113,78 NCRTf+ =RN"STATES POSE UTILI TI =S 073658 03/02/83 88.97 NCCTH =RN STATES P06 UTILITI 073658 03/02/83 409995 NORTHERN STATES P06E,UTILITIES 073658 03/02183 57604 NCRTHE'RN STATES POWE UTILITIES 073658 03/02/83 38.8 0 N CPT H ':. A STATESTES P OAF UT ILI TIE S 073658 03/02/83 13.97 NOFTHE'RN STATES P0WE UTIL: T I r S 073658 03/02/83 14102 NJFTHERN STATE'S PO6E UTILITIES 073658 03/02/83 81.54 NORTHERN STATES POcE UTILITIE 073658 03/02/83 9091 NOQTHE RN STATES POi:z UTILITI 073658 03/02/83 89.54 NGPTH =RN STA TES PONE UT ILI TI £ S 073658 03/02/93 59,73 NORTHERN STAT _S POSE UT ILI TIC S 073658 03/02/83 204.60 N0RTWERN STATES POkE UTILITIES 1073658 03/02/83 144.45 NORTH:—'RN STATE'S PONE UTILITIES 073658 03/02/83 63.01 NCPTHER%STATES PObE UTILITIES 073658 03/02f83 136.85 N CRTH`R A STATES P OBE UT ILI TT= S 073658 03/02/83 157.63 NnRTH -RN STATES POWE UTiLT TI= S 13.984.39 f n73660 03/02f83 37.24 NORTH4ESTLRN BELL TE TEL:.P PON 073660 03102193 45.29 NORTHWESTERN BELL TE T E L =PHCN 073 660 0 3/02 /83 5, 258.37 N CRTH LEST LR N BELL TE TE L-P w0'lE 073660 03/02/83 42.97 N GFTH kESTF'R N BELL TE TEL::P HON 5,383.87 073669 03/02183 6,00 LAVERr NUTESC%)TRAU;:.L TRAINING 6.00 t 073680 03/02/83 81 .75 CS6ALC FIRE HCSE SUPPL'IES 81.75 073726 03/02/33 50904 AAOIO SMACK PRCG SUF LiES 1983 CT TY OF MAPL_WJ 00 CHECK REGI ST =R J CHECK h0.DATE AMOUNT V_kDC''ITEM DEL S CC' RIP? ;ON 509.14 f 073756 03/C2/83 89040900 RAMS =. Y COUNTY TREA"SW SK ND SALT 073756 03/02/83 60.00 RAMS COUNTY TREASU DATA PRCC- SSI'u x,100.00 073762 03/02/83 99.85 REEDS SALE'S +SERV C SUPP:. iE5 EOU IP 073762 03/UM 50.52 FEEDS SALES +SERVIC SUPPLIES 150.37 073776 03/02/83 54.00 RISK MANA; =MCNT PUB SUBS m% - P 54.00 073780 03/02/83 109.67 ROAD RESCUE INC RE-PAIR MA i NT 109.67 073786 03/02/83 13.35 ROSEV ILLE AREA SCM00 4. im TON 13.3 5 073794 03/02/83 12.00 RYCO SUPPLY CC SLPPLTES 12.00 t 073798 03/02/R3 18.56 S + T OFFICE PRODUCT OFFICE SUPPLIESIES 073T98 03/02/83 72.86 S + T OFFICE PRODUCT CFFIC= SUPPLIES 073798 03/02/83 12.19 S + T OFFICE FRCDUCT OFFICE SU =PLIES 073798 03102/83 43.06 S + T OFFICE PRODUCT OFFICE SUPPLI =S 073?98 03/C2/83 18.56-S + T OFFICE PRCQUCT OFFICE SUPPLIES 073798 03/02/83 22.36 S + T OFFICE PRODUCT OFFICE SUPPLIES 073798 03!02 /R3 1 5.04 S + T CFF ICE PRODUCT OFFICL SUPPL I_ S 073798 03/02 /83 45,04 S * T OFF ICE PR COUCT OFFICE SUPPL IES 073798 03/02/83 -24.64-S + T CF ICE PRODUCT OFFICE SUPPLIES 073798 03/UM 32.40 S + T OFFICE PRODUCT OFFICE SUPPLIES 073798 03102/83 8.54 S + T OFFICE PF OD UCT OFFICE SUPPL IE S 073798 03/C2/83 23.40 S + T OFFICE PRODUCT OFFICE SUFPLIES 073798 03/02183 425.54 S + T OFFICE PR03UCT OFFICE SUPPLIES 675.79 + 073810 03/02/83 123.95.SEARS ROEBUCK CO E ©U:PMNT OTHER 073810 03/02/83 324.98 SEARS RCUEBUCK CO EQUIP OTHER 1983 CITY OF MAFLEwOCD CHECK PEGTSTER CHECK NJ.DA TF AMMYT VENDO ITEM DES: X46 TT ON 448.93 073841 03/02/83 19 096.90 ST PAUL CITY OF CR IMr- LAB 073841 03/02/83 301 .25 ST PAL CITY OF RAD. D MA IN 073841 03/02/83 1, 227.95 ST PAUL CITY OF RAJ; 0 MA T NT 2.626.00 073842 03/02/83 32.10 ST PAUL CI SP ATCH PUBL1 SHI tiG 32.10 * 0731R74 03!02/83 404.73 STC SPRING ALIGNME SUPPLIcS VEH 073874 03/02/83 137,70 STC S FR IN G + AL IG N'mE SUFPL :ES V.H 542.43 073875 03/03/83 875.00 STR_Z CHEP. GUNS :'C SUF'L IES PAN GE 073875 03/02M 93 •fl0 STRETCHER GUNS INC RA AGE SUPPLIES 96!.00 ; 073884 03/02/83 18.94 SUFERAMERICA GA '?TL 073884 03/02/83 14993 SUFERAMERICA GAS OIL 073884 03/02/83 14992 SUPER AMERICA GAS u 1 L 48.79 : fl73R90 03/02/83 37.45 TARGET STORES INC OFFICE SU?QL iES 073890 03!02/83 9 TARGET STORES iNC OFFICE SU =PLI:S 073890 03/02/83 22.23 TARGET STORES INC FR CG SUPPLI 69.6 3 t 073891 03/02/9 3 14.04 DOUG TAUBMAN TRAVLL T :tifiv 14.04 i 073897 03/02/93 92065 TOUSLEY FORD REP MAINT VEH i 92.65 073902 03/02/83 704.33 T0L2. KING, DUVALL CONTRACT PYM 704.33 073906 03/02/83 7, 063.00 TRACY Oil FUEL 7,063.00 Y . J 0 t 1983 CITY OF MAFLEWOCD CHECK k0 e DATE AMOUNT v 073914 03/C2/83 40000 40.00 073956 03102/R3 57.4 5 57.45 073960 03/02/83 161 ,04 161 .04 073962 03/02/33 54.48 54.48 073968 03/02/83 19.54 19.5 4 # 07.3977 03/02/83 95069 95.69 073978 03/O2/R3 121o25 073978 03/02/83 121 .25 242.50 073981 03/02/8-3 65.1 5 65.15 • 073936 0 3102 /R3 40.00 40.00 07301 0 3 03 / CHECK R fGI ST_R V= NDO ITEM DESCR IP Ti C TWIN CITY FILTER STR FILT'RS CLE:- O WAGERS IhC WEPER ; Tr.OS ETH I 4r. CFFIC' E SUPPL j_S R::PArn "AINT IvESTI NGHOUS ELECTRI SUPPLIES WHITE BEAR DOOCE INC SLPPL TES VEN WW GRAlNGER XEROX COR'ORAT; C1i XERCX CGRPORATI CN SUPPL IES D U PL I CATIENG 0UPLI,AT NG 2EP MI'G CO TEVLIh HARR g3 6 BOkERS. CECELIA 6.5 5 * n73CO2 03/C3/83 26920 CAROLINA BI OLCG 26.20 * 073CO3 " 03/03/83 6.5 5 CURE11 RUTH 6.55 + 073CO4 03/03/83 6 HEIMEL BETTY SUPPLIES JA'4;TJF HEALTH TNT REF RED U *4 0 BOOKS REFUND REFUN0 7Y 1983 CITY OF NAFLEWOOD CHECK REGISTER CHECK Ala.DATE AM3UNT V ND0?1TAM LIES:R TIC* 6.55 073CG5 03/03/83 6.55 L 3EFFLER MARTHA REFUNb 6.5 5 * 073CO6 •'03/03/83 6.50 PR IGGE LINDA REFUND 6.50 073CO7 03/03/83 3.25 SIVE.R SON +MARLYS REFUND' 3.75 073COg 03/03/M3 6.55 ST IRE NS REFU "10 6.55 073C09 03/03/83 3.25 STRUB MARY REFU'jLID 3.25 C73C10 03/,03/33 6.00 W'SC aK & REC ASSIN BOOKS 6.00 073011 "03/03/83 6.55 ZOYA CECELIA^R.rF UN, 0 6.55 073 CC' 12 03/03/83 67 .02 A - JAX POWER BR:,KE REPAIR MA,:NT 67.02 07301 3 03/03/93 44.. °2 ALBTNSON OFF +CE SUPL iE S e 44.82 073E14 03/03/$3 47.04 B 8 CRONIN F_PA =R M4I%T VE - 073C 14 1 :33/03/83 47.04-BIRO & CROVI N REPAIR MAi %T V_ - 073C14 03/03/83 47.04 BIRD & CRONIN R`P4In MA hT V= 47.04 073C15 03/03/R3 68.00 CURT & S0'4S SLPPLIc.S 68.00 073C16 03/03/83 2097-CURTTS TN'?USTRIES St;FPLI_S 0 C16 03/03M 55.49 CUfT i S INDU3 Tp; ES SUPPL 52.52 073C17 03/03/83 10900 FULLEFs RAOIC RAL10 FEPA;K 10.00 073C18 03/03/R3 82.95 JIM HATCH SALES SUPPLIES V =H 82.85 073019 03/03183 19140000 MAPLE60CD DECCRcATORS PA &r%TING C/H 1.140.00 073C20 03/03/83 125 .00 NUCO EUILDERS INC R MAIAT JAN 125.00 * 073C21 03/03f83 11.40 DISPATC Ps+FER S 11.40 * 1983 CITY OF MlAPL =W300 CHECK REGISTER CHECK h0.DATE AMOUNT VE %DCi T TE . DE SC IP TI ON 073C22 03/03/83 104940 THANE HAWKINS POLAQ SUr' LA. LS VEH 104.40 073C23 03/03/33 40.00 PATH-- ALANA K HEALTH INS Q- 40.00 * _ 073024 03/L3/ 83 40.00 VI60REN Drl4RES A HEALTH INS PEF 40.00 73C25 03/03/83 40.00 BASTYR DEBORAH HLALTH I%."'-%#REF 40.00 073C26 0 3/03 /83 40.00 RICHI E CAROLE HEALTH INS REF 40.00 073C27 113/03/83 40000 FULLER JAMES HEALTH INS REF 40.00 073C 28 03/03/83 40.00 FREBERG RONALD HEALTH NS R EF 40.00 * 073029 03/03/M3 40.00 I-ELEY ROINILD HEALTH INS REF 40.00 * 073 C 30 03/03/93--.-40.00 H CCHB A ti JOSEPH HEALTH IN`RE F 40.00 * 073031 03/03/83 40000 KANE. MICHAEL HEALTH INS RE 40.00 * 073032 0 3/C3 /83 40.00 KLAUS : NG HENRY HEALTH NS REF 4 0.0 0 073C33 03/03/83 40900 REINERT EDWARD HEALTH INS REF 40.00 073C34 03/C3/93 40.00 GE ISS LER WALTER HE ALTH INS REF 40.00 073035 03/03/83 40.00 LUTZ DAVID HEALTH i NS P LIEF 40.00 * 073C36 03/03/83 40000 BREHEIM ROGER HEALTH N RcF 40.00 * 073C37 03/03/83 40.00 EDSON DAVID HEALTH INS REF 40.00 * 073C38 03/C3/83 40.00 MULWE E GEORGE HE ALT I NS R E 40.00 * 073C39 03/03/83 40.00 NADEA U ED hEALTH INS REF 40.00 • 073C40 03/03/83 40000 MAC DONALD J3HN HEALTH NS EF 1983 CITY OF MAFLEWO.00 CHECK REGISTER CHEC N09 DA TE AMOUNT Y_NDCR ITEM DESCRIPTIO "' 40 *00 073C41 03/C3/83 4000 LURKE MYLES tiEALTN IN"pEF 40.00 f 073042 03/03/83 40000 GERMA IN D HEALT IN'."'F 40.00 t173C43 0 3/03 /$3 40000 PA PUS KA MARK HEALTH INS C EF 40.00 073C44 03/03/83 40.00 EKSTRAND TOM HEALTH INS REF 40.00 073C45 0 3/D3/?R3 4000 J'-HNS CN RANDY HEALTH INS REF 40.00 f 073C46 03/03/$3 40000 WE AGE R R03 =RT HEALTH INS REF 40.00 164.083.29 FUND 01 TOTAL 1 t 055.45 FUNS? 03 TOTAL 970000 FUNC 36 TOTAL 170000 FUNC 37 TOTAL 440.00 FUNC 43 TOTAL 960000 FUNC 47 TOTAL 2, 240.00 FUND 51 TOTAL 14 * On FUND 58 TOTAL 704.33 FUNC 61 TOTA 1012.61 FUNC 69 TOTAL 4.729.18 FUNC 90 TOTAL 11,605 FUNC 96 TOTAL 202 0.5 7 TOTAL t INDICATES ITEMS FINANCED BY RECREATIONAL FEES f c CITY OF MAPLE WOO OD D AYROLL- CHECKS REGISTER CYCLE 8004 CHECK DATE 03 -11.83 PERIOD LADING 03 -04.83 PAGE 1 DEPT•NO EMPL -NO EMPLOYEE NAME CHECK -NO AMOUNT CLEARED 0002 484369671 BEHM LOIS N 030?wOD001 535.18 t 1 0002 206242018 EVANS BARRY R 0307 -00002 1 v.224.52 t 0002 1 , 759.70 • 0010 475143403 PELOQUIN ALFRED J 0307 -00003 57006 t f 0010 469869481 SCHLE ICHER JOHN F 0307 -00004 11603 0010 173.09 0011 475500255 MC PHERSON JO ANNE F 0307 -00005 1 t 001 104.50 0012 357340166 CURE LARRY J 0307 - 00006 167951 0012 470520124 DOHERTY KATHLEEN M 0307 -00007 234.18 t 0012 _471400908 ZUERC PER JOHN L 0307.00008 136.78 t 0012 538.47 * 0021 469501078 FAUST DANIEL F 0307 -00009 1 9050.31 t 0021 1 •050.31 D022 469200614 HAGEN ARLINE J 0307.OD010 524.00 E f 0022 390444446 MATHE YS ALA NA K 0307 -s00011 57508 0022 476704432 MOELLER MARGARET A 0307 -00012 180.53 t 0022 473327550 VIGOREN DELOR_S A 0307 - 00013 373.98 0022 1053969 + 0031 471322198 AUREL IUS LUCILLE E 030700014 763.41 0031 474264816 SELVOG BETTY 0 0307 -00015 470019 t 0 © ;1 1 9233.60 0032 476269815 SCHADT JEANNE L 0307 - 00016 250060 t 0032 250.60 0033 477 GREEN PHYLLIS C 0307 -00017 521.92 t 1 0033 472244994 HENSL EY PATRICIA A 0307 - 00018 191022 t 0033 476620547 KELSEY CONNIE L 0307 -00019 269009 t f 0033 468364435 VIETOR LORRA INE S 0307 -00020 400009 t 1 0033 19382.32 + 0034 037144969 FREDERICKSON RITA M 0307.00021 0.00 t X I 0034 474097528 STOTTLEMYER EDITH G 0307 -00022 0000 t x 0034 0041 1 84440036 BASTYR DcBORAH A 0307 -00023 297904 t 1LL_` ° :i r.- 1w:-L _L7 1t_L ...,..i..•^„.,-. °n';r tN CITY OF MAPLEW0000 PAYROLL- CHECKS REGISTER CYCLE 8004 CHECK DATE 03 - -PERIOD LADING 03.04 - PAGE 2 DEPT -NO EMPL -NO EMPLOYEE NAME CHECK -N0 AMOUNT CLEARED 0041 468461717 COLLINS KENNETH V 0307 -00024 267.65 0041 392240565 HAGEN THOMAS L 0307 - 110025 373 t 0041 4772276.36 CMATH JOY E 0307 -00026 395.38 t f 0041 47/502356 R ICHI E CAR OLE L 0307 -00027 320.68 0041 468602934 SVENDSEN JOANNE M A307 -00028 466.12 t 0041 2 ,120.19 + 0042 477481364 ARNOLD DAVID L 0307 -00029 320.51 0042 471 402115 ATCHTSON JOHN H 0307 -00030 678.01 0042 469689867 BOWMAN RICK A 0307 -- 00031 424.59 t 0042 468461930 CLAUS ON DALE K 030700032 184.40 t 0042 476446119 OREGER RICHA C 0307- 00033 677.73 t D042 _470267887 GREEN NORMA L 0307 -o:00034 60704. 0042 469568516 NALWEG KEVIN R 1307 -00035 50902 t f 0042 469820466 HEINZ STEPHEN J 030700036 521.31 t D042 473604916 HERBERT MICHAEL J 0307 - 00031 418978 t I 0042 476528607 JAQUI TH DANIEL R 0307 -00038 527077 t ^ 0042 392760009 KARTS FLINT D 0307.00 039 427.38 t 0042 _.472222231 KORTUS DONALD V 0307 -00040 54,14 t 0042 471563591 LANG RICHARD J 0307 -00041 50009 D042 468181347 MChUL TY JOHN J 0307 - 00042 211.65 t f 0042 474607686 ME EHA N JR JAMES E 0307 - 001143 501.35 t 0042 47/627417 METTL ER DANIEL B 0307- 0004.4 728087 t 0042 469442063 MOESC LATER RICHARD M 0307- 011045 97.65 0042 476340990 MOREL LI RAYMOND J 0307.00046 669 0042 475323183 NELSON ROBERT D 0307 -00047 818.87 t 0042 468462884 PELTIER WILLI F 0307- 00048 573.35 t 0042 470520457 KALMAN DONALD W 030700049 131.64 t 0042 473548226 STAFNE GREGORY L 0307.00050 617.89 r 0042 471 ?21204 STEFFEN SCOTT L 0307.00051 204.63 t 0042 471500251 STILL VERNON T 0307 - 00052.561.03 t f 0042 a 471629204 STOCKTON DARRELL T 0307 - 00053 683.87 0042 474260130 ZAPPA JOSEPH A 0307.00054 605.91 t f 0042 12, 0043 475548434 BECKE R RONALD 0 030 7 -0005 5 239.34 0043 469441789 GRAF DAVID M 0307 - 00056 494.05 t 0043 476401388 LEE ROGER Y 0307 -00057 596.12 t 0043 473567791 MELANDER JON A 0307 -00058 10072 t I 0043 468360918 NELSON CAROL M 0307- 00059 899985 t 0043 471504316 RAZSKAZOFF DALE E 0307 -o00060 460.17 t 0043 4+71564801 RYAN MICHAEL P 0307 -P00061 424.69 I t 0043 474486071.VORWERK ROBERT E 0307 -00062 370.30 t 0043 469502201 YOUNGREN JAMES G 0307 -00063 650943 t 0043 4,145967 • 0045 471401978 EMBERTSON JAMES M 0307 -00064 754999 t 0045 472242227 SCHADT ALFRED C 0307- n65 802.06 t 0045 1 9557.05 * CITY OF MAPLEW0000 0AYROLL•CHECKS REGISTER CYCLE 8004 CHECK DATE 03 - 11 - 83 PER ENDING 03.04 - PAGE 3 DEPT•NO EMPL -NO EMPLOYEE VAME CHECK -NO AMOUNT CLEARS) 0046 468401899 CAHANES ANTHONY 6 0307!00066 111.04 t 9046 4776272 36 FL AUGHE R JAYME L 0307-00061 470.80 t 0046 4755 87232 FULLER JAMES 0 0307- 00068 489.63 t 0046 473807030 MARTIN SHAWN M 0307 -00069 40709 t 0046 472365919 NELSON KAREN A 0307 -OU070 428.28 t 0046 40600183 RABINE JANET L 0307. 00071 400, 94 t f h 0046 475 363333 WILLIAMS DUA NE J 0307 -00072 476.75 t 0046 2 , 784.63 + DOST 471440267 BARTA MARIE L 0307 -00073 320.44 0051 473566872 HA IDER KENNETH G 030700074 283.14 t 0051 504483174 WEGWERTH JUDITH A 0307.00075 0051 971.13 0052 496305314 CASS WILLIAM C 0307.00076 668.90 t 0052 471526254 FRESERG RONALD L 0307 -00077 322.81 0052 502544037 HELEY RONALD J 0307 -00078 531.98 t 0052 471601083 HOCHSAN JOSEPH H 0307 -00079 556.09 0052 471501241 KANE MICHAEL R 0307 -00080 384.07 t 0052 468363473 KLAUS ING HENRY F 0307 -00081 0* 0o t X 1 0052 471500547 HEYER:GERALD W 0307 -00082 426.76 0052 468166755 PRETT NER JOSEPH 8 0307. 00083 810.53 0052 472241464 RE INS RT EDWARD A 0307 -00084 536.61 0052 470346224 TEVLI N,JR HARRY J 0307 -00085 211.65 c 0052 4 9 449.60 0053 41'2481010 EL IAS JAMES G 0307 -- 00086 601, 97 t 1 0053 167246109 GE ISS LER WALTER M 0307 - 00087 5 74.49 f 0053 501464671 GESSE LE JAMES T 0307 -00088 618.23 t f 0053 47544/688 PECK DENNIS L 0307m00089 477002 t 0053 476622458 PILLATZKE DAVID J 0307 -00090 908061 t 0053 472662522 PR IEBE WILLIAM 0307 -00091 466.86 t 0053 3 ,p647.1 R 0054 475601431 LUTZ DAVID P 0307 -00092 383.84 t 0054 383o84 + 9058 471 SREHEIM ROGER W 0301 -00093 521.40 t D058 477602592 EDSO4 DAVID 8 0307 -00094 627.80 t 0058 470541590 MULW= E GEORGE W 0307- 00095 417,14 t 0058 471501014 NA U EDWARD A 0307 -00096 625.87 t 0058 46R361720 MUTES ON LAVER NE S 0307 -00097 517. T9 t 0058 471365993 OWEN GERALD C 0307.00098 497.97 f 0058 3,207.97 0059 475249760 MACDONALD JOHN E 030 ? -00099 450092 t CITY OF MAPLE W0000 DEPTftNO 0059 0059 0061 0061 0061 0061 0061 aAYR OLL•CHECKS REGISTER EM *L -NO EMPLOYEE VAME 475501000 47?301066 468341993 473260389 468582618 MULVA NEY SRENN ER KR UMNO EL ODEGA RD STAPLES D062 473T09D24 84UER 0062 471447219 BURKE 0062 474608182 GERMA IN 0062 472303411 GUSINDA 0062 474924209 NA AG 0062 502544121 HELEY 0062 473969784 HUNTER 0062 471 ?48313 LISHA ROT 0062 473565506 MARUS KA 0062 474078128 RASCHKE 0062 477646662 SANDQUIST D062 476203439 SANTA , 00.62 474845176 SPANN SAUE1 0062 473660035 STARK 0062 0063 270483797 BLACK 0063 4 BO 0063 474442474 BUNKE 0063 476924605 CASSEDAY 0063 4 73 684976 CA SSE DAY 0063 468684857 CERNI US 0063 472844611 DALLUGE 0063 470880293 DELMONT 0063 474829219 DIESEL 0063 471884448 GALBRAITH 0063 476686996 HERBER 0063 474743915 KORTUS 0063 468984615 KRUMMEL 0063 477829499 KRUMMEL . 0063 469929687 KYRK 0063 474889823 LANGELETT D063 469953553 LAPKIN 0063 473700729 MAHRE. 0063 474966150 MIHELICH 0063 473903922 N IELSEN 0063 476863802 PAULETT I 0063 477629606 RASCHKE 3063 472986940 R I CHI E 0063 469927221 ROTH o- CYCLE 8004 CHECK DATE 03 -11 -83 PERIOD ENDING 03 -04 -83 PAGE 4 CHECK -NO AMOUNT CLEARE) DENNIS M 0307 -00100 603089 t f 1,054.81 LO I S J 0 30 7- 00101 166996 BARBARA A 0307 -00102 15409 t ROBERT 0 0307 -00103 946.54 t PAULI NE M 0307 -00104 479.52 1 7 4 7.1 1 + ALAN H 0307.00105 01000 t X' MYLES R 0307 - 00106 58.15 t DAVID A 0307.00107 533.26 t MELVIN J 0307ft80108 836.70 t MATTHEW J 0307m09109 0000 t X' ROLAND 8 030700110 545. ?6 t T CN Y 0307-m00111 1.24.47 t f TMOMA S 0 0301 -00112 0000 c X MARK A 030? -00113 543.53 t f ALBERT F 0307.00114 0000 x I THOMAS J 030 ? -00115 0000 t x REED E 0307ftD0116 357.60 f MARTIN J 0307-&00117 0000 t X f RICHARD E 0307 -00118 0000 K I 2099 • WILLIAM J 0307.00119 0000 t x JEFFREY A 0307 -00120 0.00 t x RICHARD H 0307 -00121 0.00 t X ELIZABETH J 0307 -00122 0000 t X MARY K 0307 0000 t x . DAVID G 030' ?00124 0000 c x MATTHEW 0 030 7- 0012 5 0000 t X LISA M 0307m00126 0000 t X JERRY 0 0307.00127 125000 t MICHAEL 0 0307 -00128 0000 t X" KARIN J 0307- 001.29 0000 c X JAMES M 0307 -00130 0.00 t x BECKY J 0307 -00131 00011 t X 1 ROGER C 0307 -00132 0000 c X JODI A 0307 - 00133 0000 t x STEVEN E 0307 -00134 0.00 t x MOLLY A 030700135 0000 t x MICHELE A 0307 -00136 29.05 t CINDI L 0307 -00137 47.50 t R ON AL D C 0307- 001313 0000 ANTHONY A 0307 -00139 0900 t x JEFFREY J 0307.00140 D.00 t x STACY L 0307 -00141 0090 t X f VINCE C 1130? -00142 0. on x 0052 468363473 Klausin Henr F 0307-00163 450,06 Grand Total 55I3403-18 I ................. N CITY OF MAPLE WOOOD 3AVROLLmCMECKS REGISTER CYCLE 0004 CHECK DATE 03w11w83 PERIOD =LADING 03m04-83. PAGE 5 DEOT•NO EM2L-NO EMPLOYEE 4AME C4ECK• N AMOUNT CLEARE.3 0063 47368-6517 SAROQUIST KATHRYN E 030?,*00143 0*00 0063 477869067 SPANNSAUER DAWN M 03017-00144 79000 0063 469742645 SPANNBAUER KATHLEEN G 0307-w00145 52*97 0063 477920170 STRAUS LAURA i 0307 -Q0146 0000 i X.1 0063 472821395 SULLIVAN NANCY i 0307-m00147 0000 f x 0063 471528238 TATE PETER W 0307 m00148 7*38 0063 470626422 TAUBMAN DOUGLAS 1 0307-00149 633*52 0063 475904189 TnWNLEY MICHAEL F 0307.*00150 0000 t x I 0063 470963203 WALLACE JON T 0307-m00151 0*00 t X 0063 475T4.7042 WARD KERI L 0307 -00152 0000 c x 0063 396324246 WARD ROY G 0307.00 153 284*66 0063 1,1259008 0064 1440508 GREW JANET M 0307.m00154 45309 0064 471384624 HORSNELL JUDITH A 0307ft0015'5 0.00 t xi) 0064 474542163 SOUTTER CHRISTINE 0307 -00 156 478981 1 0064 932.20 0071 389448993 CHLEBECK JUDY M 0307w00151 309.37 0071 470540551 CLSON GEOFFREY W 030700158 803e97 0071 1,013e34 0072 477627178 EKSTR AND THOMAS 6 0307-m00159 467- 36 0072 475608505 JOHNSON RANDALL L 0307.&00160 500e43 0072 967.79 0073 4?6090677 OSTROM MARJORIE 0307-00161 713*47 0073 713*47 00?4 387520776 WENGER ROBERT J 0307do00162 493931 0074 493*31 COUNT 00162 GRAND TOTAL 549953e1 2 0052 468363473 Klausin Henr F 0307-00163 450,06 Grand Total 55I3403-18 The attached map shows a small parcel of excess property that had to be acquired for construction of Beam Avenue. An adjacent owner has shown an interest in purchasing the property. The City has no use for the excess property so it should be sold. It is recommended the staff be authorized to determine a fair market price and sell the excess City property on the southwest corner of Beam Avenue and White Bear Avenue. r ti MEMORANDUM ii E( t r To:City Manager FROM:Director of Public Works SUBJECT:Southwest Corner Beam Avenue and White Bear Avenue r Sale of Excess Property DATE:March 8, 1983 The attached map shows a small parcel of excess property that had to be acquired for construction of Beam Avenue. An adjacent owner has shown an interest in purchasing the property. The City has no use for the excess property so it should be sold. It is recommended the staff be authorized to determine a fair market price and sell the excess City property on the southwest corner of Beam Avenue and White Bear Avenue. a a JIV r 1 , t... -- oc 4 L,.,l. . `r - "''-- - - .-. -, ; „j ,/, 7- 7114/ 2--ooe 14- oilcll Z451, v w FEBGAL ' ,•.. i IW Nd dW J% 7 r? 10rAsr "EST AP - Y.O. 6,0' jqCP CID 9-1 12. OZ'vz if r t .tip ti R '. o b e- 7 Cj al r tr Ao At or ss t t II /7 7 r •' y L Ilk: 30 fr 1 C bot Ni ------- —zz flop. • 15 cl AL cac ti li % is 4 ox..i.13 7 I -; v - -44 Amer.2L 340 Z) Ar Zo P 4 8 : :F. 470 26)1 154 Ad Ap too tcA4ZoArto %x- G -3 .4 Q. 10C: 12 MEMORANDUM T0: City Manager FROM: Associate Planner Johnson SUBJECT: HRA Resignation DATE: March 9 1983 Reque 1. Accept Ronald Smith's resignation from the Housing and Redevelopment Authority. 2. Appoint a Commissioner to the HRA. Background Commissioner Smith's term ends March 1983. He has chosen not to request re- appointment. A letter of resignation was requested but has not been submitted. Commissioner Smith was appointed March 1982 to f i l l out the remainder of Commissioner /Councilperson Juker's term. A replacement for Commissioner Smith should be appointed as soon as possible to avoid quorum problems. A quorum at each of the spring meetings will be necessary to insure that the HRA' s Housing Program remains on schedule. On March 8, the HRA joint resolution of felt that although faith. The HRA membership, a five -year term. unanimously recommended. that Ronald Smith receive a appreciation from the HRA and City Council. They ni s attendence record was poor, he had served in good by statute, consists of five members, each appointed for Two persons have requested appointment, following two months of advertisement in the Maplewood in Motion and local newspapers. Recommendation I. Accept Commissioner Smith's resignation from the Housing and Redevelopment Authority. II* Approve the enclosed joint resolution of appreciation. III, Appoint a person as soon as possible to fill the March 1983 -1988 term with the HRA. jc enclosures: Applications (2) a y y MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNERS : PROJECT: DATE: FI City Manager ct]lon . 4 Associate Planner—Johnson Ends Special Use Permit--PUD 2830 Keller Parkway Richard Andersen Richard Andersen and Jerome Manes .Da-_ Gervais Overlook December 2, 1982 SUMMARY OF THE PROPOSAL Request Approval of a special use permit for a planned unit development (PUD) of 42 town house, carriage home, and double - dwelling units. Proposal 1, See Map three for the site plan concept. 2. The applicant's home would be converted to a double dwelling 3. The site would be accessed by a private driveway. 4. On -site public sewer and water would be provided. 5. The natural wetland area would be retained and incorporated into the County Ditch Seven system as a storm water retention pond. 6. The sand ridge in the center of the site would be left intact. 7. The development would be constructed in two phases (Map three). Phase one would encompass parcel one (map two) and phase two would encompass parcel two (map two). Parcel two will be created as a result of condemnation proceedings for acquisition of Ramsey County Open Space, scheduled to begin in mid - December 1982. 8. A preliminary plat will be applied for following PUD approval. 10. See the enclosed letter of justification. CONCLUSION Analysis The proposal is consistent with the Land Use Plan requirements for cluster development in an area planned for low density residential use. The site contains a wetland and sand ridge that should be left intact. The reservedproposedclusteringwouldpermittheseenvironmentalfeaturestobe .p Clustering also allows 'the applicant to maximize an I open space buffer between the proposed development and nearby larger lot single d w e l l i n g s . As a condition of approval, a finding must be made that the structures will be compatible with neighboring single dwellings. In considering previous proposals to develop this site, Council was concerned that development may intensify local drainage problems. Ramsey ount willyy . begin upgrading County Ditch Seven this summer. The proposed pond on th site. will be incorporated into the County Ditch Seven. project. The effect will be to assist in reducing local storm water problems, not intensity them.. Recommendation Approval of the enclosed resolution approving a special use permit for the Gervai s Overlook planned unit development, on the basis that: 1. The proposal is consistent with the provisions of the Land Use Plan for cluster development in a low density residential neighborhood. 2. The proposal is consistent with interim and proposed shoreland regulations. Approval is subject to: l . The Community Design Review Board making a finding that the structures w i l l be compatible with neighboring dwellings, 2. Any conditions imposed by the Community Design Review Board, 3. Combination of parcels one and two 4. Before final plat or building permit approval, the following conditions shall be met: A. Council awarding a construction contract for the extension of sanitary sewer to the site or approval of the Metropolitan Waste Control Commission for use of their sewer in Arcade Street, B. The City of Little Canada ordering the extension of water to the site. C. Final grading, drainage, and utility plans must be approved by the city engineer. D. A signed developer's agreement, with the required surety, being submitted to the city engineer for the provision of on -site sanitary sewer, water, and storm water drai na.ge facilities, E. Dedication of drainage easements to Ramsey County for County Ditch Seven. 2 F. Submission of a water ualit mans •q y Bement plan. The plan shall include,ude,but not be limited to, a statement of the run -off_ retention methods to be used to reduce potential water pollution during construction and after construction is completed. This. plan shall consider the recommendations of the Soil Conservation Service, G. Payment of a deferred water assessment (Project 75 0W16 5. Construction of the first phase must be started 'within one year of Council approval or the permit shall be null and void, unless an extension is granted by Council. The second phase shall begin within two y ears of the completion of the first phase. If an extension is not granted, the permit for the second phase shall be null and void. 6. Approval of homeowner's association by-laws and declarations by the city attorney. BACKGROUND Site Description 1 Gross acreage: phase . one- -7.75 phase two- -2.28 10.03 2. Net acreage: 9.03 3.. Existing land use: single dwelling Surrounding Land Uses Northerly: single dwellings on large lots in .Little Canada. These properties are zoned and planned for single - dwelling residential, Easterly: undeveloped land, planned and zoned for single dwelling use, Southeasterly: property proposed for condemnation for Ramsey County Open Space. Southerly: undeveloped rear yards of large irregularly shaped single dwellings. Westerly: two single dwellings and five undeveloped platted lots fronting on Arcade Street. Past Actions • 12 -1 -80: The Planning Commission considered a lot division proposal which would have created three parcels (map four) without frontage to a dedicated and maintained public street. Denial was recommended on the basis that: 1.There appear to be other options available for better development of this area. 2.The proposal is not consistent with the spirit and intent of the ordinance. 3.. Once the driveway would be developed, it would be difficult to upgrade it to a City street with City sewer and water and assess this upgrading, 4. A hardship has not been demonstrated to exist which i s . unique to this property. The applicant withdrew the proposal prior to City Council consideration. 4- 15 -82: Council denied a preliminary plat with twenty lots tMap five) on the basis that. 1. A drainage plan was not provided that resolved drainage problems in the area. 2. The Council was not satisfied that soil problems could be corrected for suitable building sites. Council did not know the extent of the unstable soil that would be required for meeting building code requirements. 3. The plat does not necessarily meet the character of the nei goorhood or the size of the lots* 4. The plat does not take into consideration the need to protect the environment. 4 Council also referred this matter to the Planning Commission to consider a twelve-lot plat; or an RE -20 district that would encompass the area south of the boundary between the two cities, east of Arcade, and north of Keller Parkway; or as a third alternative, the three-lot division proposed in 1980. council also denied the three-lot division. 5 -5 -82: The applicant submitted a preliminary plat request for twelve single- dwelling lots (Map six) . This proposal was withdrawn by the applicant on 6 -24 -82 because of financial infeasibility and because the owner of the westerly portion of the site (Frank Frattal one) elected to retain his property (parcel one--Map five) , as presently platted. DEPARTMENTAL CONSIDERATIONS Planning Land Use Plan designation: RL, Residential Lower Density 2. Permitted density: 14 persons /net acre 30 Proposed density: 13.0 persons /net acre 4. Policy criteria from Plan (page 18 -29) : The Low Density Residential classification "allows for concentrations of multiple dwelling units within defined areas, where the conditions below are met. Single dwellings, double dwellings, town houses, quads, and apartments may be found in this classification. The following conditions must be met before this type of development may be permitted: l. Where it is necessary to cluster units in order to preserve valuable natural features, such as wood lots, wetland, or areas of unusual topo- graphic features. 2. The maximum density approved by the City Council shall be based on the urea of natural features to be preserved and the quality of site and building design. In no case, however, shall the density exceed 14 people per net acre. Net acreage, in this type of development only, shall not include flood plains, existing drai nageways , and wetlands that cannot be developed according to Federal, State, or City regulations. Developable land which is to be dedicated for drainage ponds shall be included in calculating density. 3. Where the development is part of a planned unit development. 4. Where the building(s) are of a scale, design, and location that is compatible with single-dwelling homes located on adjacent property." Page 12 -9: Where environmental limitations are present, the City shall encourage low density housing or clustering of different housing .types and styles to pro- tect natural features." 5 Page 12 -11: Integration of housing styles or types within a development shall be allowed when applicable in order to respond to environmental' considerations and service requirements, as long as the total number of units conforms to the prescribed density for the total development." 5. Zoning: R -1, Residence District (Single Dwelling). 6. Compliance with land use laws: A. Section 36 -438 (a) states that, "a special use permit may be issued by the city council in any use district in the city for a planned unit development." B. Section 36 -44 states that: b) The city counci 1, i n granting a special use permit, may attach to the permit such conditions and guarantees as may be necessary to the protection of the public, the rights of others and the city. c) All special use permits which do not have a specific termination date or provision for a periodic review, shall be reviewed within one year of the date of passage of the council measure granting such special use permit and every five years thereafter," C. The development is consistent with the interim shoreland development guidelines adopted by the Council on October 15, 19810 D. The proposal is consistent with all other applicable zoning codes. Public Works 1. A Metropolitan Waste Control Commission (MWCC) sanitary sewer is adjacent to the site. A permit from the MWCC would be required to use this sewer. If the permit cannot be obtained, sewer would have to be extended from Kohlman Lane and Keller Parkway. 2. Water is not adjacent to the site and would have to be extended from Little Canada. 3. A private access to the site can be permitted provided fire code requirements are complied with. 4. Keller Parkway and Arcade Street are both county roads, and designated for higher than local neighborhood traffic volumes. The traffic generated by this development should have little impact on the area's traffic situation. The driveway entrance will have to be approved by the County. Financial A deferred water assessment (Project #75 -16) must be paid priorf-to the approval of the final plat. D Other Agencies 1. Ramsey County Public Works A. Improvements to County Ditch seven are proposed for the summer of 1.983.The project will consist of piping storm water south along he west sideofArcadeStreeteetthentoasedimentationpondontheapplicant'scant's si to prior to discharge to the wetland to the southeast of the rpopos eddevelopment. An overflow for direct discharge to Gervai s Lake would be provided to protect the applicant's site from floodingn i n thee event of a large storm. Storm water ponds ng and drainage easements need to be obtained from the applicant for this project. B. A driveway permit to Keller Parkway is required. 2. Ramsey County Open Space: Condemnation proceedings are scheduled to begin in mid - December to obtain the wetland adjacent to and southeast of the site (Map two). Parcel two will be created as a result of these proceedings. Citizen Comments Twenty -six persons owning Canada and Maplewood were responded, five objecting 1. Increased traffic and 2. Too high of a density 3. This development will adjacent wetlands, property within 350 feet of the site from both Little sent a survey regarding this proposal. Six persons Their reasons were: a hazardous driveway location for the land available increase run -off and pollution of Gervais Lake and the 4. Nuisances due to earth moving, increased assessments, etc. 5. Building within the flood plain. Procedure Planned Unit Development Planning Commission recommendation City Council jc 1. Location Map 2. Property Line Map 3. Site P1 an - -Prel imi nary PUD Proposal 4. The applicant's 1980 Proposal 5. The Applicant's April 1982 Proposal 6. The Applicant's May 1982 Proposal 7. Letter of Justification 8. Resolution 7 inj '• -' i 58 IC J 1 N 58 0 ot C J AM O .I.....,_ _ AVE W? a . . o Koh !m on "'.." / Gervois / Lode Loke . o M r j 4v 23Q .>.. comy 'ry Q J Jim J d Ilk U r U KONLMAN AVE. h ROAD U J ww cr 22 R 61 . 60 I I } ` E GERVAIS AVE. G A r Wt- v VIKING 2; ),: F . - BURKE AV. E AV SELMO,vT 4 WSKILLWAN D LA. W M I m MT NO S.. E CA i O P E C LARK AVE. 5 ? FLARK CO LAURIE L FIL_ 25 o JUI! TION AVE . n U RKE Cr AVE 10 v:::j4n AN BELMON T ac t S p VE. SKILL ItA !1 C v nr 00-NO) R R. BI Iii n ruv i LOCATION MAP i La. yip. " ' y -"" J ^' -- , o r t 1 t t t S . f z 1 Oct UNDER CONDEMNATION 4Q- f FORW — 4v RAMSEY COUNTY OPEN SPACE Ir s 4 ZS c GOVT L 1 cp 3.89 . IL ter LA-ke d 0 ) I 1 • ` ' R o Q PROPERTY LINE MAP MAP 2 Q N 7 C VL PARCEL 2 PARCEL 1 sr t '7 t t 1 t t t S . f z 1 Oct UNDER CONDEMNATION 4Q- f FORW — 4v RAMSEY COUNTY OPEN SPACE Ir s 4 ZS c GOVT L 1 cp 3.89 . IL ter LA-ke d 0 ) I 1 • ` ' R o Q PROPERTY LINE MAP MAP 2 Q N tL J 1^ ti 0 1 Q a fees 00 , - 1 r t 3 .1O, A 1 r i Zoe i b v i \ r MAP 3 SITE PLAN PRELIMINARY PUD PROPOSAL 4 N F • F' Y 1 Ir I IL /. LITTLEANADA Ir r • L OIL. A R= - Potentially v.t landlockeda1ceIn 0 5B - - .:. ' IQ X „ . o a- ci ti :::: :. ti;ti -:ti• =::: tip:::::'::•:: •. :. ti: : : }:: ::;:::.::•:: Count D tch 7Proposedy Pon ng Area Ramsey County v GERVA y KE cLA . 4 160 f so e gat S ' , c' r' At , Qom' •,.r/' f 1 c w f MAP 4 HPPLI CANT'S NOVEMBER 1980 PROPOSALTHE 4 N PARCELS 3 a 3 12 LWU CC CIV CD CD VEN U. IE cmrj 3» icom eO OF 12 PARCEL 1 I o r- - io 100 I s; / eo % tro ASO so co j MAP 5 PRELIMINARY PLAT FOR 20 LOTS APRIL 1982 PROPOSAL oLD,u r, 9 17 1 0: o co 7 tiJ0 130 2 7 00 00 m 6/, Q ;oo loo• N3 oz qqq 100 Sp -+ 5 7 i / O / V O r 0 $ vN*-c dop ap aor lljj ap dl- s O N o CP ov op PRELIMINARY PLAT FOR TWELVE LOTS MAP 6 MAY 5 1982 PROPOSAL Lam.. i c ;Q7 n t RESOLUTION N0, COUNTY OF RAMSEY CITY OF MAPLEWOOD Resolution Making Findings of Fact and Approval of a Special Use Permit WHEREAS, a special use permit request has been initiated by Richard Andersen for a planned unit development for the following-described property: Lot 1, Block 3, Lake Gervais View Addition, and Government Lot 1 except part commencing at the northeast corner of Government Lot 1, Section 4, Township 29, Range 22; thence South on the East l i n e thereof to a point 1980 feet South from the Northeast corner of the Southwest quarter of the Northwest quarter of said Section 4; thence South 52 degrees West to a point on the Southerly extension of the West l i n e of the East half of the South- west quarter of the Northwest quarter of Section 4; thence North along said l i n e to a point 537 feet south of the North l i n e of said Government Lot 1; thence Northeasterly to a point on the North line of said Government Lot 1, 340 feet West. of the Northeast corner of said Government Lot 1; thence Easterly along said North l i n e of Government Lot 1 to the place of beginning, in the Town of New Canada, Ramsey County, Minnesota. All in Section 4, Township 29, Range 22 Such above property being also known and numbered as 2830 Keller Parkway , Maplewood, Minnesota WHEREAS, the procedural history of this special use permit request is as fo 1lows: 1. That a special use permit request was made pursuant to the requirements of Section 36 -438 of the Maplewood Zoning Code; 2. That said special use permit request was referred to and reviewed by the Maplewood Planning Commission on the 6th day of December, 1982, at which time said Planning Commission recommended to the City Council that said special use permit be approved; 3. That the Maplewood City Council held a public hearing to consider the special use request, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and /or present written statements, and the Council considered reports and recommendations of the City Staff and P1 anning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that the above-described special use permit be granted on the basis of the-following findings of fact: 1. The proposal is consistent with the provisions of the Land Use Plan for4 cluster development in a low density residential neighborhood.y 2. The proposal is consistent with interim and proposed shovel and regulations. Approval is subject to: - 1. The Community Design Review. Board making a finding that the structures will be compatible with neighboring dwellings. 2. Any conditions imposed by the Community Design Review Board. 3. Combination of parcels one and two. 4. Before final plat or building permit approval, the following conditions shall be met: A. Council awarding a construction contract for the extension of sanitary sewer to the site or approval of the Metropolitan Waste Control Commission for use of their sewer in Arcade Street. B. The City of Little Canada ordering the extension of water to the site. C. Final grading, drainage, and utility plans must be approved by the city engineer. r D. A signed developer's agreement, with the required surety, being submitted to the city engineer for the ?rovi si on of on -site sanitary sewer, water, and storm water drainage facilities. E. Dedication of drainage easements to Ramsey County for County Ditch Seven.' F. Submission of a water quality management plan. The plan shall include, but not be limited to, a statement of the run -off and retention methods to be used to reduce potential water pollution during construction and after construction is completed. This plan shall consider the recommendations of the Soil Conservation S e rv.i ce . G. Payment of a deferred water assessment (Project #75 -16) 5. Construction of the first phase must be started within one year of Council approval or the permit shall be null and void, unless an extension is granted by Council. The second phase shall begin within two years of the completion of the first phase. If an extension is not granted the permit for the second phase shall be null and void. 6. Approval of homeowner's association by-laws and declarations by the city attorney. CITY OF LITTLE CANADA RAMSEY COUNTY, MINNESOTA 10 Office of': JOSEPH G. CHLEBECK, Clerk 515 Little Canada Road Little Canada, Minn, 55117 4842177 MAYOR Raymond Hanson COVNCI L Michael Fahey Beverly Scalze Dennis Forsberg Mugs Nardini Dec. 3, 1982 Mr. Geoff Olson Director of Community Development City of Maple- ood 1902 E. Co. . ;3 . B Maplewood, Mn 55109 Dear Mr. Olson, This to inform you of our City's objection to the development at 2830 Keller Parkway. The following resolution was introduced and adopted at our Council meeting of Nov. 24, 1982: RESOLUTION NO. 82-11-600 - INFORMING THE CITY OF MAPLEWOOD THAT THE CITY OF .LITTLE CANADA IS OPPOSED TO ANY CONSTRUCTION IN THE AREA PROPOSED BY MR. ANDERSON OTHER THAN SINGLE FAMILY RESIDENTIAL BECAUSE OF THE IMPACT ON LITTLE CANADA AND THE AREA. Sincerely, Jose h G. Chlebeck Clerk JGC:gb @ 80 NEW BUSINESS A. PUD- Gervai s Overlook - is requesting a rova -1 cif a specialSecretary -Olson . say d the applicant q 9 a carriagetforaplannedunitdevelopmentof4townhouse ,carri age home,use p P and double- dwelling units. Staff is recommending approval. The Commission discussed with D"i rector of Public Works Haider the leg privatelengthofthe drive and the maintenance of it. The Commission also stated concern with possible traffic v i s i b i l i t y problems at the intersection of the private drive onto arcade Street. Richard Anderson said staff did a thorough job on the staff report. He suggested stop signs at the intersection to control the traffic would help provide the required safety.He commented on the proposed drainage for the site. He said because of the terrain it will enable him to construct eight unit carriage homes which all have on -grade access. Commissioner Fischer moved the Planning Commission recommend appro of the resolu approvingng a special use permit for the ervai s Overlook planned unit EelLljopment on tiebasisha: 1. The proposal is consistent with the provisions of the Land Use Plan for cluster development in a low density residential neighborhood. 2 . The proposal is consistent with interim and proposed shoreland P regulations. Approval is subject to: The Community Design Review Board making a finding that the structures will be compatible with neighboring dwellings. 2. Any aAnconditionsi by the Community Design Review Board. 3. Combination of parcels one and two. 4. Beforere final plat or building permit approval, the foil owing conditions shall be met: a. Council. awarding a construction contract for extension of sanitary sewer t PPothesiteorapproval of the Metropolitan Waste Control Commission for use of their sewer in Arcade Street r 2 12-6-82 b . The City of Li ] e -Canada order the extenssoon of water -to the site. C. Final grading, drainages9inage, and utility plans muCityeng neer. P st be approved b th d. A signed d'eve o s agreement, with the r ' p • , submitted to the c t en required suret, beingy9Weerfortheprovisionofo - g y sewer, water, and storm water f n se tosanitary drainage e. Dedication of drainage easements to RamseyDitchSmsey Count for CSeven. y Count f. Submission of a water •qua l i ty management plan. Thincludebutnotbel a plan shallto, a statement of the run- •to be used to reduce Potential off retentionmethods p t al .water pon duri nandafterconstructionisc 9construction ompl eted. Thi plan shallconsidertherecommendationsoftheSoilConservationvatonService. g. Payment of deferred water assessments (Project 75-16). 5. Construction of th firs t phase must be started withinCouncilapprovalorthepermit n one year ofpshallbenullandvoid, unlsgrantedbytheCouncil. The sec shall anextensioni and phase shat l begi nwithintwoyearsofthecompletionofthefirsthase •is not granted, the ermi p If an extension void p t for the second phase shall be null and 6 • Approval of homeowners' •assocaton by -laws and declarationscityattorney. by the Commissioner Whitcomb seconded Ayes-- Co mmiEllefso ssionen, Fischer Howard, Kishel p • rs Axdahl , Barrett,e 0 i sh, • Sl etten, Whitcomb e 1 MEMORANDUM TO: CityFROM: Director Manager Di rector of Commun tSUBJECT: Rezoning Y Development 4 LOCATION: ng °t-On g °= r ., t .Larpenteur and Centu APPLICANT: City o f rY OWNER • AvenuesYMaplewood St, Pau 1 ' s PriorDATE: YFebruary141983 uth r-- ", REQUEST Rezone theR northersR R -3 Y part of the Priory ro eresidencedistrict (multiple P P rty from M -1 9 anufacturi n 9 Comments CONCLUSION The City Council initiated • s rezoningThist ated the as Part of its "downzoniswherethezoningallg Posed by the La g ws a greater intensity ng program.Land Use Plan, Y of land use than i pro. This rezoning is consistent with the Land Usedevelopments1 f potenti nuisan Plan and would el i minceusesthatcoulddeve Hate thelopunderM -1 zoning.art o 9 •The southerly sout P f the site is left a •h parts of thi ro s M -1 zone ng becauseThisdrainPprtyarenatural1divided • the north andagewayisproposedas Y Bed by a marshy drai nDrainagePlan. Because a six acre -foot drainage age ewouldbe use of this separati on pond on the Maplewoodeasiertodevelopwith the southerly a o spththeadjacentM -1 P f the si property to the east.Recommendation Approval of the enclosedosed resol ution rezoningn9 the northerly arYP tpropertytoR_3, of the Priory T - BACKGROUND Site Description The overall Priory parcel is 38.5 acres. The area proposed to be rezoned i30.6 acres in area and undeveloped. It is susedasanaturepreserve. (Seeattachmentthree.) Surrounding Land Uses Northerly: Larpenteur Avenue and S -St. Paul Priory land Easterly: Century Avenue and and •evel oped .marsh i n Oakdale. This land 'designated on the Oakdale Plan for s drainage pond industrialal use and a small Southerl The southerl art of the •P e St. Paul Priory parcel -- undevel o edmostlywetlandp and Easterly: A ten acre parcel with •a single dwelling Past Actions 1- 13 -72: Council indefinitely tabled •ed a controversialal proposal b the Arch-diocese of St. Paul and Minneapolis to construct rch townhouse and apartment ruct 172 lo and moderate incomePtuniis . DEPARTMENTAL CONSIDERATIONS Planning 1. Land Use Plan designations: R •M, res i dente al medium dens i t and OSspace. (See attachment four. y open 2. The RM classification is designated - s 9 ted for such housing types as singlee dw -i n g on small lots, double dwellings, townhouses g dwell- ul ate on d ouses and mobilee homes . ThemaximumPopulationdensityis22peopleforeachnetacre.uni example, The number otsforeachacrewouldvaryybydwellingtypeandbedroommix. Ample , a two and three bedroom townhouse an se project with private roadswouldbeallowedamaximumdensityofsixunitsforeachapartmentprojectwouldbeallowedacre. A similar7.5 units for each acre. 3. Zoning maps should be updatedped as necessary to make both land use mzonimapscompatible, a and 4. Section 36 -485 of city code states " any instance where the cit Y es that "counc 1 or the planning commission i s requir ' y or Chan a in this q gyred to consider an exception ors of this chapter, 9 chapter, including the zoning ma •prove s ter the 9 P i n accordance with thepecouncilorplanningcommissionshallamongotherthings: a) Assure itself that the proposed change is consi stentvi th the spirit,purpose and intent of this chapter. b) Determine that the proposed change will not substantially injure ordetractfromtheuseofneighboringpropertyorfromthecharacterof 2 the neighborhood, and that the use of the ro "ert ' area included p p y adjacent to theintheproposedchangeorplanisadequatelysafe-guarded, q y c) Determine that -the ro osed change - •p p ange will serve the best interests andconveniencesofthe, community, where applicable, i cabl a and the 'P e publ c welfare . 5. Zoning: M -1, l manufactu -ring 6. The M -1 zone allows commercial, office, warehouse and light manufacturinguses. (See attachment five.) 70 The R -3 zone allows townhouses and apartments at the maximum densityspecifiedintheComprehensivePlan, ADMINISTRATIVE Procedure 1. Planning Commission recommendation 2• City Council holds a public hearing nd makes '9 es a decision. on . At least fourvotesarerequiredforapproval, jw Enclosures 1.resolution 2.location map 3.property 1 ine map 4.Land Use Plan 5.M -1 zone z 3 Pursuant to due call and notice thereof, a regular meeting of the Ci Councgy1oftheCityofMaplewood, Minnesota was duly alled and held i 'y n the CouncilChambersinsaidCityonthedayof1983at7 :00 P .m. The following members were present: The following members were absent: - 1 WHEREAS, the Maplewood City Council initiated a rezoning from M -1 1 i h9 gtmanufacturingtoR -3, residence district (multiple dwelling) for the north800feetofthefollowingdescribedparcel: unpl atted land subject to Century and Larpenteur Avenues , the north half of the northeast quarter of the northeast quarter and the southwest quarter of the northeast quarter of the northeast uarter of section 24 -29 -22 q WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the Maplewood City Counci 1 , P ursuanttochapter36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on February 21, 1983. The Planning Commission recommended to the City Council that said rezoning PPbeapproved. 3. The Maplewood City Council held a public hearing on 1983 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons resent at saidPp hearing were given an opportunity to be heard and present written statements, The Council also considered reports and recommendations of the citstaffandPlanningCommission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findingsndins of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning ordinance and Comprehensive Plan, 2. The proposed change will not substantially 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. T 3. The proposed change will serve the best interests and conveniencesences of the community, where applicable, and the public welfare. Adopted this day of , 1983. Seconded by Ayes -- STATE OF MINNESOTA COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and appointed Clerk of the City of tlapl ewood , Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of 1983, with the original on f i l e in my office, and the same is a full , true and complete transcript therefrom i ns.o far as the same relates to t h i s rezoning. Witness my hand as such Clerk and ;:he corporate seal of the City this day of , 1983. City Clerk City of Maplewood, Minnesota T NORTH ST PAUL 68JOHOLLOW CAY AV 212. J Cb AJILPLEY AVE. : air 0 LARPENTEVR Ci a A PI LIV A &I A A IL' zo 212 s ) Attachment Two LOCATION MAP .n N I I v %J I I; MARYLAND 31 FE RrS- , AVE ST 69 . . ......... D 00 ver OW AqNOLIA AVE. 0 0Loke CASE AVE z 69 a 0 z r zo 212 s ) Attachment Two LOCATION MAP .n N 5 LARPENTEUR 8 _0 2 60 0 1 r .. w Y 1 Y _SI •: 111 04 ti•'• t ti : r.:•::: :•:::. ::::.::: • . tiff =. ;:r ::- :: =..... .......T tip ti .Y=f•r .• - S•: ti : '•tip • /'; •; :•i JI V :titi•: r ti•1 1 tiff•f .. f ... ... ti: i ..Wtiff .. t i 1 a f tiS• S•7 1 x ti . 1 1 If ' 4 . r + J L.t r•• C . s., t •.1 NSP PROPANE PLANT 1 . r/ + ow i r 1 4010 + ; L/ i 10*0 owe t PROPERTY LINE MAP Attachment Three 4 N TTM I TT T SC Cn dm rMt- CO C Hillside NEIGI-1001,1100D LA",'ID USE I Attachment Four 4 N A L1.acnrjlenL rive DIVISION 9. M -1 LIGHT MANUFACTURING DISTRICT Sec. 36 -186. Permitted uses. In M -1 Light Manufacturing Districts, a building may be erected or used, and a lot may be used or occupied for any of the following purposes and no other; provided that, no use which is noxious or hazardous shall be permitted: • a) Any use permitted in a BC Business and Commercial Dis- trict and SC Shopping Center District, if the council is satis- fied that such use will not interferee with proper development of the M -1 Light Manufacturing District, but not otherwise. b) wholesale business establishments. c) Trucking yard or terminal. d) Custom shop for making articles or roducts sold at retailP on the premises. e) Plumbing, heating, glazing, painting, paperhanging, roofing, ventilating and electrical contractors, blacksmith shop, car- Z pentry, soldering and welding shop. W Yard for storage, sale and distribution of ice, coal, fuel oil or building materials. g) Commercial place of amusement,. recreation or assembly. h) Bottling establishment. i) Manufacturing as follows: I) Canvas and canvas products. II) Clothing and other textile products, not including man- ufacture of textiles. . III) Electrical equipment, appliances and supplies, manu- facture and assembly of, not including heavy electrical machinery. IV) Food products, combining or processing of, not including meat and fish. V) Jewelry, clocks, watches. VI) Leather products, including luggage and shoes. VIi) Medical, dental or drafting equipment, optical goods.g VIII) Musical instruments. IX) Perfumes, pharmaceutical products, compounding of rub- ber products and synthetic treated fabrics, not includ- ing rubber and synthetic processing. X) Small products from the following previously P Pre ared materials: Cork, feathers, felt, fur, glass, hair, horn, paper, plastics, shells. XI) Tool, dye and pattern making, and similar small ma- chine shops. XII) wood products, including furniture and boxes. G) Carpet and rug cleaning. k) Laundry, dry cleaning 'or. dyeing plant.y gP 1) Laboratory, research, experimental and testing m) Any use of the same general character as any of the above - permitted uses, when authorized as a special exception bythecitycouncil n) Accessory use on the same lot with and customaril y inciden- tal to any of the above - permitted uses. (Code 1965, § 909.010; Ord. No. 395, § 1, 5- 13 -76) C 8. NEW BUSINESS V A. Zone Change (St. Paul's Priory Property) Larpenteur and Century Secretary Olson indicated this is a City initiatetiate ro osed y d zone change. Itispptorezone ,thethe property from M -1, light manufactur' -residence distri (multiple ng to R 3, Chairman Axdahl asked if there was an •gone present from the Priory whowishedtocomment, Sister Duane, questioned the area to be rezoned.She also' toknowthefuturescheduledstreetconstructionandwhatrightexistsforstreets, Chairman Axdahl asked for other comments- -none were heard, The Commission discussed with the staff the methods ' en space of obtainingngtheoppcepropertytothewest.. They also discussed possible densitycrediforthedrainageareas, y Commissioner Fischer mov the Planni Commission recommeecomme _to theCilyCounci1arovaloftheresolutionrethenortherly .art ofthePriorptoR -30 Commissioner Sletten seconded Ayes- 'Fischer H y Commssoners Axdahl,eny, Pel 1 i sh, Sletten, Whitcomb. rr MEMORANDUM G hl; T0: Cit Manager lc"t G FROM: Director of Community Development SUBJECT: Rezoni ngs R G LOCATION: Century Avenue APPLICANT: City of Mapl OWNERS: NSP, Hill crest Development and the Chicago -Northwestern Railroad DATE: February 14, 1983 REQUEST A rezoning from M -2, heavy manufacturing to M -1, l manufacturi . n 9 CONCLUSION Comments The City Council1 - initiated this rezoning as part of its "downzoni n ram.ro9program. This is where the zoni allows a greater intensity of land use than is proposed by the Land Use Plan. This zoning is consistent with the Land Use Plan and would eliminate the development of potential nuisance uses that could develop nder M -2 zoni9 The existing NSP facility woul become a nonconforming use. This means that the use could continue, but any expansion would have to be approved b the city council by conditional use permit. Any change in use would have to conform to the zoning. Downzoning the NSP property would be consistent wi the city's denial of a conditional use permit in 1971 for the expansion of th propane plant. Recommendation Approval of the enclosed resolution rezoning this area from M -2 to M -1. i BACKGROUND Site Descriptions (see attachment three) H i i l crest site: A large, undeveloped parcel with a fifty -foot wide driveway easement to Century Avenue. Twenty -two acres of this parcel are zoned M -2. NSP site: A 10.5 acre parcel developed as a propane plant Surrounding Land Uses Northerly: undeveloped land, designated on the Land Use Plan for business warehouse use and open space.(See attachment four.) Easterly: Century Avenue and commercial uses in Oakdale Southerly: railroad tracks Westerly: undeveloped Hillcrest Development land, designated for open space and low density residential use on the Land Use Plan, Past Actions 7- 15 -71: Council denied a request for a special use permit to expand the existing NSP propane plant onto the adjacent property to the north. 5- 17 -79: Council approved a special exception, and building and site plans for a warehouse development on the Hi l 1 crest site. DEPARTMENTAL CONSIDERATIONS Planning 1. Land Use Plan designations: BW, business warehouse and OS, open space. See attachment four.) 2. The BW classification includes governmental and public utility buildings and structures, storage and warehousing facilities, wholesale business and office establishments, cartage and express facilities, radio and television stations and other ndustri al uses of a lower-intensity nature, 3. Page 18 -2 of the Land Use Plan states that "Zoning maps should be updated as necessary to make both land use maps and zoning maps compatible." 4. Section 36 -485 of City Code states that "In any instance where the city council or the planning commission is required to consider an exception or change in this chapter, including the zoning map, in accordance with the provi s'i ons of this chapter, the council or planning commission shall along other things: 1) Assure itself that the proposed change i's consistent with the spirit, purpose and intent of this chapter. 2) Determine that the proposed change will not substantially 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 safe- guarded. KA 3) Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare," 5. Zoning: M -2, heavy manufacturing - 6: The M -2 zone allowsows any type of use, except for specified rui sap nce uses which require a conditional use permit. (See attachment five.) A propaneplantinotaspecifiednuisanceuseandwould, therefore, be permitted, 70 Public utility uses are also allowed by special use ermi t i n a zoningpany9district (section 36 -436 (2) ). 8. The M - zone allows commercial, office, warehouse and light manufacturi n g uses See attachment six.) A propane gas facili would not be a permitted use. The existing use would be "grandfathered" in. Publ works The open space designation on the Hi l 1 crest site includes a 29 acre -foot drainagepondproposedintheMaplewoodDrainagePlan. ADMINISTRATIVE Procedure 1. -Planning Commission recommendation. 2. City Council holds a public hearing and makes a decision, - Atleast four votes are required for approval 1. Resolution 2. Location Map 3. Property Line Map 4. Land Use Plan i 5. M- 2 Zone . 6* M -1 Zone 3 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota was duly called and held in the Council Chambers in said City on the day of ,1983 at 7:00 P .m. The following members were present: The following members were absent: WHEREAS, the Maplewood City Council initiated the following rezon i ngs : 1. M -2, heavy manufacturing to M -1, light manufacturing for the following unpl atted parcel: The easterly 1,003 feet of the southeast quarter of the northeast quarter of section 24- 29 -22, except the land south of the north line of the Chi cago- Northwestern railroad property, more commonly described as 1550 No. Century Avenue. 2. The easterly 960 feet of the following unpl atted parcel: Except southeasterly 94 feet part northwesterly of centerline of most northerly main track of C. St. P. M and O. Railway right- of -way of tract composed of following SE 1/4 of NW 1/4 NW 1/4 of SE 1/4 SW 1/4 of SW 1/4 N 112 of SW 1/4 and except part in E 970 2/10 ft MOL to NSP Co. as in DOC 1493718 the S 1/2 of NE 1/4 Subject to Roads and Easements) in section 24- 29 -22. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the Maplewood City Council, pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. • 2. This rezoning was reviewed by the Maplewood Planning Commission on February 21, 1983, The Planning Commission recommended to the City Council that said rezoning be approved. 39 The Maplewood City Council held a public hearing on to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered re- ports recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, rit, purpose ` and intentP of the zoning ordinance and comprehensive plan, 2. The proposed change will not substantially 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. The proposed change w i l l serve the best interests and conveniences of the community, where applicable, and the public welfare. Adopted this day of 1983. Seconded by Ayes- - STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD I, the undersigned, being the duly q u a l i f i e d and appointed Clerk of the City of Maplewood, Minnesota., do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the day of , 1983, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to this rezoning. Witness my hand as such Clerk and the corporate seal of the City this day of , 1983. City Clerk City of Maplewood, Minnesota s. NORTH ST. PAUL 68 1 H O L L O W AY AVE. 212 RI PLEY AVE. t : fi z ARP NT_EVR - /'V w i i2o 12 O U IVY Trailer Court 68 (Private) E MA RYU N 212 AY LR6 AVES:' 1231 c'+ sT 69 GER 6 1 y eover MA N Q _ o oLI AvE. CL -.= -.- oLok J 40) Z ' CASE 68 figLL HARVESTER r — sue r--•t r---; s r—`— . - -... ATTACHMENT TWO LOCATI MAP w 66 8.fff . a a Ir e . j= O 1 a - • S E. IDAHO AVE. D E) 1 t s 1. Is to t- 1 for Q T .. _ 1 12 An E r t j' login i..': •mot _•. f P R5P P0NILLCRESTDEVEOPMENT rr::r:: -: ... ...... Rl ............Y.. .. ................... :::.:: r:• ':'t:' Y: ..... ...... 1 -: ex . .1.1.1.1.1.*.,.,.,."%-.,.,.,-*.*.,.W.,.,.*.r I &-mc -'Dar. w i ti: •.1•. to-;. 7 I 1 7r ........... lr .! K: Rl- 0w ' a AC qlt W M 2 0000 F --om i. . Z f1t•e0 ai sat•r3 R j PUB) _ 3 . . --s. - - - , - i • v • J _ I toz 0db r is ssassaas Y ATTACHMENT THREE PROPERTY LINE MAP Existing Zoning M -2 Proposed Zoning (M -1) 4 N n ni iiltinttt t ttt IN N"11 vr r1iIM1iiii Nil i p 1/Nili! /111111 1111111. a T 1 • J O r f JI j',;,.`'j;sa^r!::'t:'sv 4!r. , jcg; ° t'`:r" .74 -.: °+X -"li . r_ '''r.k ^1 .. ^i' ^'A:;c`-''r N th ' + t ATTACHMENT FOUR Hillside NEIGHBOR11001) LA'ND USE PLAi'l 4 N A ATTACHMENT FIVE DIVISION 10. M -2 HEAVY =FACTURING DISTRICT ! Sec. '35 -201, Use regulations. A .building may be erected or used and a lot may be used or soccupied' for any lawful use, excep that th s p e following uses shall onlybeallowedb iyspecialusepermit, after a finding b the ci `that such use will n y y councilofbenoxiousorhazardoustosurroundingding a) Dwelling, except for living quarterstakersan g q s for watchmen or care-d their families, as s.n accessor use to aindustrialuse- y business or jb) Abattoir or stock yard; c) Distillation!of bones and wood` d) Incinerator or reduction of arg bage, offal and dead animals; e) Junkyard, 'salvage or wrecking yard , •g y d, or the baling of rags orjunk, except when enclosed within a building;1g' f) Manufacture of: . 1) Asphalt or asphalt products;2) Explosives, fireworks, includinn st wr i,,,.. --t- a "b %-, tti GI CVt,3) Fertilizer, when manufact r . .ured from organic materials,4) Gypsum, cement, plaster or plaster ' -5) Rubber p of pares, or gutty percha; 6) Sulphurous, sulphuric, nitric picric hydrochloric or otheroffensiveorcorrosiveacids. _ g) Wood pulp and fiber, reduction an - 196 d processing thereof. (Code ,5, § 910.010) 2253 I <A DIVISION 9. M -1 LIGHT MANUFACTURING DISTRICT ATTACHMENT SIX Sec. 36 -186. Permitted uses. In M -1 Light Manufacturing istricts a building maybe erectedorused, and a lot may be used or occupied for any of the following provided that npurposesandnoother;P o use which is noxious or hazardous shall be permitted: • a) Any use permitted in a BC Business and Commercial Dis- trict and SC Shopping Center District, if tbocouncil is satis- fied that such use will not interfere with proper developPP of the M -1 Light Manufacturing District, but not otherwise.fi b) Wholesale business establishments. c) Trucking yard or terminal d) Custom shop for making articles or products sold at retailetazl on the premises. e) Plumbing, heating, glazing, painting, a erha.n ingPg, P P g g, roofing, ventilating and electrical contractors, blacksmith shop, car- pentry,,soldering and welding shop.Z f) Yard for storage, sale and. distribution of ice coal fuel oil or building materials. g) Commercial place of amusement,. recreation or assembly.y h) Bottling establishment. i) Manufacturing as follows: I) Canvas and canvas products. II) Clothing and other textile products not including matg -n ufacture of textiles. _ III) Electrical equipment, appliances and supplies , manu- facture and assembly of, not including heavy electrical machinery. IV) Food products, combining or processing f, not includig meat and fish. V) Jewelry, clocks, watches. VI) Leather products, including luggage and shoes. VII) Medical, dental or drafting equipment, optical goods.f VIII) Musical instruments. IX) Perfumes, pharmaceutical roducts compoPpoding of rub- ber products and synthetic treated fabrics, not includ- ing rubber, and synthetic processing. X) Small products from the following previously re ared materials: Cork feathe P P rs, felt, fur, glass, Bair, horn, paper,plastics, shells. XI) Tool, dye and pattern making, and similar small ma- chine shops. XII) Wood products, including furniture and boxes. j) Carpet and rug cleaning. . k) Laundry, dry cleaning or. dyeing plant.g P . 1) Laborato research, experimental and testing. m) Any use of the same general character as any of the above - permitted uses, when authorized as a special exception bthecitycounciL1 y n) Accessory use on the same lot with and customarily ncidy en - tal to any of the above - permitted uses. (Code 1905, § 909.010• Ord. No. 395, § I 5- 13 -76) ' 3 B. Zone Change (NSP and Hillcrest Development property) Cent AvenPPPy y e Secretary Olson said this is a City initiated zone change. It is proposed to rezone the property . from M -2, heavy manufacturing to .M -1, light manufacturing. Chairman Axdahl asked if there was anyone present who wished to comment on the proposal Ernie Christianson, Hill crest Development, said the portion of the property shown as R -1 is actually zoned R -3. The zone change was done in 1963 and h.e thought the map should be changed. Mr. Christianson s a i d h could send copies of the minutes to the staff. Jerry Wallace, Northern States Power, questioned what the property could be used for if it was sold. Staff said any use would have to comply with the zoning of the property. The Commission discussed with Mr. Christianson the development of his property without injuring the ecological balance of the nature center to the north. Commissioner Fischer moved the Planning Commiss recommend to the Ci-ty Coundl - r of the resolution rezoni nq this area from M -2 to M -1. r Commissioner Hejny seconded Ayes - -Commi ss i oners Axdahl , Fischer, Hejny, Pel 1 i sh, Sl etten, Whitcomb, Commissioner Pel 1 i sh moved that as Mr. Christianson has bro b the-Comis i on a matter for consideration for clarific of t hehe stat us of-the _7oning- o i bis_ roper y,__the Co. un 1 d ' rec the Plan n t - a i . _. - r staff to review the status of the zoni 9A of this propert Commissioner Fischer seconded Ayes - -Commi ss i oners Axdahl , Fischer, Hejny, Pel 1 i sh, S1 etten, Whitcomb. Staff reviewed the zoning history of the property with Mr. Christianson and the Commission. L TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNERS: DATE: City Manager _ Director of Community Development ezoni ngs Century Avenue, from Ivy Ave. to the tracks`` City of Maplewood city of Maplewood, Gladys Block, Dick Pearson and" Gerta Vanderhoff, and the Chicago and Northwestern Railroad February 14, 1983 REQUEST MEMORANDUM Rezone the city property from M-2. heavy manufacture n to F, farm residenceence and the remainder of the site from M -2 to 9-3, residence district (multipledwellings). CONCLUSION Comments The City Counci -1 initiated these rezonings as part of its "downzonin 9ro ram.P 9Thisiswherethezoningallowsagreaterintensityoflandusethanis proposed by the Land Use Plan. These rezoni ngs are consistent with the Land Use Plan and will eliminate the development . of potential nuisance uses that could develop under M -2 zoning.These rezon in s would not affect g 9 the . Pearson mobilee home park, since this was approved with a conditional use permit, Mrs. Vanderhoff has stated that she would like to rebuild a house on her property. The previous house -was required to be removed because of fire damage. This can be done under the M -2 zoning. The R -3 zone, however, requires council approval to construct' a si.ngl a or double dwelling. No approval would be required if construction is started within one year of removal (September 1, 1983). Recommendation Approval of the enclosed resolution rezoning this area from M -2 to F and R -3. M I BACKGROUND 0 Site Descriptions (See attachment three. ) Maplewood site: A seventeen acre, undeveloped parcel. This site was previously a public dump. Part of this site is now used as a nature preserve called "Jim's Prairie." The Park and Recreation Commission recommended that thi 'prairebeincludedontheMinnesotaNaturalHeritageRegister. Vanderhoff site: A thirteen acre, undeveloped parcel with several sheds from a previous house. This house was removed because of fire damage. Pearson -Block site: A 39 acre parcel that is undeveloped, except for a single dwelling. Surrounding Land Uses Northerly: Railroad tracks Easterly: Century Avenue and single d w e l l i n g s in Oakdale Southerly: Undeveloped, except for quads on Ferndale Street. The cit approved a PUD for th property allowing the development of single dwellings, double dwellings and quads or townhouses, Westerly: Undeveloped. The city approved the construction of townhouses, a park and golf course as part of the Maple Greens PUD, Past. Actions 5-18-72: Council indefinitely tabled a special use permit request for a solid waste transfer station on the Vanderhoff site. 9 -5- 74: Council granted a special use permit for a solid waste transfer station after being ordered to do so by a court. 10- 25 -82: Council approved a special use permit for a 245 lot mobile home park on the Pearson -Block site. DEPARTMENTAL CONSIDERATIONS 0 Planning 1. Land Use Plan designations: RM, residential medium density and OS, open space (See attachment four.) 2. The RM classification is designated for such housing types =as single dwell- ings on small 1 ots ', double dwellings,, townhouses and mobile homes. The maximum population density is 22 people /net acre. The number of units for each acre would vary by dwelling type and bedroom mix. As an example, a two and three bedroom townhouse project with private roads would be allowed a maximum density of six units for each acre. A similar apartment projectwouldbeallowed7.5 units for each acre. 2 i 30 Page 18 -2 of the Land Use Plan states that "Zoning maps should be u dasnecessarytomakebothlandusemapsandp ated p zoning maps compatible." 4. Section 36 -4$5 of City instance wyCodestatesthatInanyi •council or the plan commission here. the citygss °n s required to consider an exceptionchangeinthischapter, including the zoning p onorcha g map, i accordance withtheprovisionsofthischapter, the council or lannin c 'among other things:p g c..mmi ssi on shall, a) Assure itself that the proposed change is consistent with the spiritpurposeandintentofthischapter. b) Determine that the proposed change will not substantially injure ordetractfromtheuseofneighboringpropertyorfromthecharacteroftheneighborhood, and that the use of the property adjacent totheareaincludedintheproposedchangeorplanisadequatelysafe-guarded. c) Determine that the proposed will serve the best interesppsedchangewi conveniences of the communit where is and. Y' applicable, and the public welfare." 5. Zoning: M -2, heavy ma •y nufacturng 6. The M -2 zone allows any typ of u •Yp se, except for specifieded nun sauce useswhichrequirereaconditionalusepermit. (See attachment 'five.) 7. The F zone allows agriculturalcgultural and single dwellin 9 use 8. The R -3 zone allows townhouses and .apartments at the maximum densittytheComprehensivePlan, Singe dwel l i yallowedb council approval, g dwel are allowed with 9. Section 36 -17(c) states that •A nonconforming building wholly r arYP t i al l ydestroyedbyfire, explosion, flood or other phenomenon, or legallcondemned, may be reconstructed and used for the same reconstruction nonconforming use;Provided that, b u i l d i n g was destroyed tructi on shall be commenced within one yearfromthedatethebuildingedor Y r on without interruption." Y condemned and shall be carrieduption. ADMINISTRATIVE Procedure 1. Planning Commission recommendation 2. City Council holds a public hearingg and makes a decision. At least fourvotesarerequiredforapproval, iW Enclosures 1.resolution - 2.location map 3,property line map 4.Land Use Plan 5.M -2 district 3 r Pursuant to due call and noticece thereof , a regular meeting o t9f he Ci CounciloftheCityofMaplewood, Minnessota was duly called and held in the Counci 1ChambersinsaidCityonthedayof1983at7:00 p.m. The fol members were rp esent: The following members were absent: WHEREAS, the Maplewood City o •y unci 1 initiatedtiated the foil owing rez 'g onings: I• M -2 heavy manufacturin g to F, farm residence for unbeg lattegnningontheNorthSouth1/4 line p d lands ne of Section 24 -29 -22 450thereonfromtheSouther) linen feetSouth y e of the - Omaha Railway ri ht-Northeasterly to the Northeast corner of -way thence west I/4 of the Southeast 1/4 ner of the North-thence Northeasterly to a ofSoutheasterlyatpoint 75feetaradiusfromthecenterlineofthemaintrackofsaidrailwaythenceSouthwesterly •feet Southeaster) at • s from said track center line parallel with and 75f North radius South 1/4 line thence South to said Section 24- thereon to the beginning in2922. 9 2• M -2 to R -3 multiplee reside 'P residential for the following two parcels: a. Unpl atted land, subject toJ Century Avenue. Part of the Noreast1/4 Southeaster) of C. S th- i y t. P. M. and 0. railroad right-of-way n Section 24- 29 -22, more common) g Century avenue Nor Y described as 1487North. b. Unpl atted 1 and, subject to Century Avenue. The Northeast 1of the Southeast 1/4 of Section 24- /42922, more commonlydescribedas1375CenturyAvenueNorth. WHEREAS, the procedural historyy of this rezoning is as follows 1 • This rezoning . was initiated by the Maplewood City Counciltochapter36articleVIIofthe pursuantMaplewoodCodeofOrdinances; 2. This rezoning was referred •to and reviewed by the Maplewood Pl 'Commission on February 21 1983 ann ng recommended ' at which rezoning be time said Plannin CommissitotheCityCouncilthatsaidg on 3. The Maplewood City Council h -held a publicc hearing onconsiderthisrezoning. Notice thereof 1983to ereof was published and mailedPursuanttolaw.All persons present at said hear' • present hearing were given anopportunitytobeheardandPtwrittenTheCouncilalsoconsideredredreportsandrecommendationsofPlanningCommission. the city staff and NOW, THEREFORE BE I described rezoning be T RESOLVED BY THE MAPL EWOOD CITYdescri COUNCIL that the above-on the basis of the following findings of fact 16 The proposed change is cons with the spirit, purpp P p andintentofthezoningordlnanceandLandUsePlan. 2. The proposed change willl not substantially9 . i n 'ure or detractfromtheuseofneighboringpropertyorfromthecharacteroftheneighborhood, and that the use of the propert adjacent to in p ptheareaincludedintheproposedchangeor1 an i s - ade uatelpq Ysafeguarded. -- 3. The proposed change will serve the best i •interests and conveniencesofthecommunity, where applicabl and the public welfare, Adopted this day of 1983. Seconded by Ayes-- STATE OF MINNESOTA COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of theCityMaplewood, MinnYpMinnesota, do herebycerticertify that I have carefully comparedtheattachedandforegoingextractofminutesofaregularmeeti'n of theCityofMaplewood, held g g Y p on day of 1983, with the original on f i l e in my office,, and the same is a full , true and completetranscripttherefrominsofarasthesamerelatestothisrezoning. Witness my hand as such Clerk and the corporate seal of the City his day of 19830 Y City Clerk City of Maplewood, Minnesota NORTH Sl PAUL qAHOLLOW AY AVE. Fl,PLEY AVE.N c LARPE NTEUR Zvi p t A i 120 212 I O V 31 E Res- AVE zJ O ,, sr l20 69 ; ---- 4VF G G GERAN 6 MA NOLIA Ay E . CL 0 Loke Its _ W 0 CASE 69 t 2 == Z NARYE TER LOCATION MAP ATTACHMENT TWO 4 N mzit 2 FE IDAHO cr job E wQ•r __ , tL =tits =tiZtiWA=- UWEsi.i_ isii -ftaW In - tsiisasiiifft NSP PROPANE PLANTR • : M2 • " f 1487 2 (R 3 Y Rl- - y • •.,. j ;:tip +LJ .. .. •i. GERTA VANDE 0 1 iif s tiff::::::::: Qti E R S.W N ::r0 G GLADYS BLOCK j::.:375DICKPEARSON tiff •: 'ti ::::.....S e.• Yw. PAZ •loop a F L MAPLE GREENS PUD) 1 f mob • 40 Alw4 Ac. M2 (R3 Y AVE Zr O I Z 0 z; c PROPERTY LINE MAP EXISTING ZONING M2 ATTACHMENT THREE PROPOSED ZONING (F) (R3) 4 N 4 asasss aat . A ) -a.• r Ya'Z PROPERTY LINE MAP EXISTING ZONING M2 ATTACHMENT THREE PROPOSED ZONING (F) (R3) 4 N 10 ea cn R SC Bearer Lake NEIGHBORHOOD LAND USE PLAN ATTACHMENT FOUR AIIAGHMtNI FIVE DIVISION 10. M -2 HEAVY MANUFACTURING DISTRICT Sec. 36 -201. Use regulations. A building may be erected or used and a lot may belawfuly used oroccupiedforanyuse, except that the following uses shall onlybeallowedbyspecialusepermit, after a finding the • •g y e city councilthatsuchusewillnotbenoxiousorhazardoustosurroundingg a) Dwelling, except for living uarters for watchmenatchrnen or care - takers and their families, as an accessory use to a business orindustrialuse; b) Abattoir or stock yard; c) Distillation of bones and wood; d) Incinerator or reduction of arba e •g g , offal and dead animals; e) Junkyard, salvage or wrecking nd •g y , or the baling of rags ordunk, except when enclosed within a building;g f) Manufacture of: 1) Asphalt or asphalt products; 2) Explosives, fireworks, including storage thereof;3) Fertilizer, when man g ' manufactured from organic materials;4) Gypsum, cement, plaster or plaster of aris•P ,5) Rubber or gutta percha; 6) Sulphurous, sulphuric, nitric, picric, hydrochloric or other offensive or corrosive acids. - g) Wood Pulp and fiber, reduction and processing here 1965 910.01 g of• (Code 0) 2253 V f 3 C. Zone Change -- Century Avenue, Ivy to the tracks. Secretary Olson said this is a Ci initiated zone change . It is proposed to rezone the property from M -2, heavy manufacturing to F, farm residence and R -3, residence district (multiple dwellings) . The Commission discussed with staff what affect this would have on the mobile home park proposed by Mr. Pearson, Chairman Axdahl asked if there was anyone present who wished to comment. Richard Pearson, 1959 White Bear Avenue, requested this item be tabled as far as his property is concerned, for approximately a one month or two until. the final site plan is approved. Secretary Ol indicated the special use permit would still be in effect. Commissioner Pel l i sh mo the P1 anni ng Commission recommend to the City Council ap_provalof the resolution rezoning this areaJr_om_M 2- to and R -3 consistent wit the staff report dated February 14, 19830 Commissioner Whitcomb seconded The Commission discussed when the public hearing woul be held for this proposed zone change and the hearings scheduled for the other zone changes discussed at this meeting. The Commission indicated they should all be held at the same Council meeting. Voting on the motion: Pellish, Sletten, Whitcomb. Ayes -- Commissioners Axdahl , Fischer, Hejny, MEMORANDUM To: City Manager FROM: Thomas Ekstrand -- Associate Planner SUBJECT: Rezoni ngs LOCATI :1177 Century Avenue — APPLICANT: City of Maplewood OWNER. .East County Line Fire DepartmentDATE: February 2, 1983 SUMMARY OF THE PROPOSAL Re uest 1. Rezone the southerly two lots of the East Count Line Fir f y e Station property rom BC, Busin Commercial to LBC, Limited Business Commercial 2. Rezone the two vacant lots to the north from BC to R -3C , Multiplepla Res M ' BenceDistrict (Townhous Proposed Land Use The property is proposed for RM Medium •Density Residential and M, MunicipalFacilityintheLandUsePlan.. No new development is being rPgp oposed. CONCLUSION Comments The City Council initiated this rezoning as art of its "down zoning" P zoning program.This is where the zoning allows a greater intensity of land use than i s osrobytheLandUsePlan. P p ed The main decision in thi case is what should be the use of hist property 'f thefirestationisdiscontinuedandtheentireroertissoldPPy1orifthetwonortherlyvacantlotsaresold. Under the present zoning, he roperg property could beusedforawidevarietyofcommercialuses, including car sales, repair ara erestaurantorexteriorequipmentstor g g ' a q p age. Many of these uses would not becompatiblewiththeresidencestothenorthandwest. The city's Land proprop that the nor- Use Plan P north two lots develop residentiallyally with apartments,double dwellings or townhouses. The R -3C zoning would limitmit dg evel opment to town -houses. The LBC zoning of the southerly two lots would l i m i t the use of thatpropertytoofficeuseandwouldallowforreuseoftheexistibuilding,di n 9• This rezoning would not affect the use of the ro ert for a fir 'P P y e station. Afirestationisnotapermitteduseinacommercialorareside 'enti al zone. I t i sallowedbyspecialusepermitonly. Since the fire station was constructed beforethezoningordinancewentintoeffect, it is considered a nonconforming use.Th.i s means that the fire station can continue, but cannot ex ` 'expand -Without a specialusepermit. This would be true regardless of the zoning. Recommendation (Requires at least four votes for approval)pp ) Approval of the enclosed resolution rezoning the two'-lot station sitefromBCtoLBC, and approval of rezoning the two vacant lots north of the fire station site to R -3C on the basis that: T. The changes are consistent.with the spirit, purpose and inp p p test of the Zoning Code and the Land Use Plan. zo The changes would not injure or detract from the use of 'the neighboring property or from the character of the neighborhood. 3. The changes would serve the best interests and conveniences f 'o the community were applicable, and the public welfare. 4. The changes would not affect the use of the ro ert for a fir 'P p y e station. 5. The changes would be compatible with the adjacent residences. 4 BACKGROUND Site Description 1. Si Acreage: 1.89 acres 2. Existing Land Use: East County Line Fire Departmentp Surrounding Land Uses Northerly: Maryland Avenue. North of Maryland Avenue are the Century East Townhomes and a single dwelling. Southerly: Geranium Avenue. South of Geranium Avenue is the Yocum Oil ara e and State Farm Insurance. 9 9 Easterly: Century Avenue. East of Century.Avenue is a baitsho and undevelopedevelopedlandintheCityofOakdale. Westerly: Single dwellings n...,.4. n_.L__ 1. The original building was constructed around 1940. 2. There have been two additions: October 1971- -hose tower addition May 1974 --40 foot by 90 foot addition DEPARTMENT CONSIDERATION Pl anni ng 1. Land Use Designati RM and M. The RM classification would allow a maximum density of 22 persons per net acre. 2. Zoning: BC 3. The proposed R -3C zoning would be compatible with the RM classification of the Land Use Plan. Density requirements would allow six two- bedroom townhouse units on the two northerly lots. 4. Section 36 -485 of the Zoning Code states: In any instance where the City Council or the Planning Commission is requiredtoconsidanexceti q p on or change n this chapter, includingng the zoning map,in accordance with the provisions of this chapter, the Council or PlanningCommissionshall, among other things: a. Assure itself that the proposed change i s consistent wit' the spirit,9 purpose and intent of this chapter. b. Determine that the proposed change w i l l not substantial 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 - c. Determine that the proposed change will serve the best interests and conveniences of the community, where applicable, and the p ubl i c welfare. d. Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. e. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. f. Impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is corra i ed with, which con - ditions may include, but not be limited to, harmonious design of build- ings, planting and its maintenance a sight or sound screen, the minimizingofnoxious, offensive or hazardous elements, and adequate standards of parking and sanitation. 5. The fire station is a nonconforming use. Section 36 -17 (e) of the Zoning ordinance states the following: No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed- or structurally altered, unless: a. Required by law or government order; or b. There would not be significant affect, as determined by the city through a special use permit, on the development of the parcel as zoned. 6. Section 36 - 436 (2) of the Zoning Code provides that "special use permits may be issued by the City Council for public utility, public service or public building uses in any district, when found to be necessary for the P ubl i c health, safety, convenience or welfare." Fire Chief's Comments The Fire Chief at the East County Line Station has the following concerns: 1. Downzoni ng the property will decrease the value of the land making any sale of the land less profi tabl e;and 2. They would not be able to hold special classes or drills , such as setting fire to a car for training in putting out an automobile fire, for example. The Chief feels that they can hold such drills now since the land is zoned commercial, but that residential zoning would prohibit any such activity. ADMINISTRATIVE Procedure 1. Planning Commission -- Recommendation 2. City Council--Public Hearing and Decision mb Enclosures: 1. Location Map 2. Property Line /Zoning Map 3. Beaver Lake Land Use Plan 40 Resolution 4 - L ARPENTE AVE, 30 Z O IDAHO AVE. W Z ch r° i rc MONTANA AVE. LAJ Q c • MARYLAKE RD. i W 1 .J T Ivy Q Trailer Court 68 (Private)212 MARYLAN AVE. 1 Rf ' S. a 120 31 _ `E 69 F _ R `/ 6Itf _ BCOver MA NO AVE. W o oLO 'k e 3 A Y J 0 ` CASE 68 69 o ' o +- = HARVESTER G AV A •: t 32 = b 212 EL LA. BRAND AVEST. TTN Ai E _" E. T TM AVE i T29N v by GUSH 5 25f30 AVE. cr R22W ,: 31 R21W = i° MINtIEMANA AVE. x /r1 0) v 34 • •34 E. MARGARET AVE. J/ or rt TY A%/r LOCATION MAP 4r,Q N r Q CO2 emu R I woo sc 0 Beaver Lake NEIGHBORHOOD LAND USE PLAN W t Y r Z Wv 3 Rm l A i v r i w 0 w E w O Sc 4 N RESOLUTION NO. i COUNTY OF RAMSEY CITY OF MAPL EWOOD RESOLUTION MAKING FINDINGS OF FACT AND APPROVAL of A ZONE CHANGE WHEREAS, a rezoning has been initiated by the Maplewood City Council fora= -zone change from ..BC, Business Commercial to LBC, Limited Business 'Commercial ,for the following-described property. Lots 12 and 13, Except W.100 feet, Block 6, Midvale Acres No. 2 and, also, for a zone change from BC to R -3C, Multiplee Resi den ' f P Residence Districttownhouse), or the following- described : ro ertPPy The E.234 feet of Lots 10 and 11, Block 6, Midvale Acres No. 2 Such above properties being also known and numbered as Number 11777 CenturyAvenue, Maplewood, Ramsey County, Minnesota; WHEREAS, the-procedural history of this rezoning procedure i s as follows:9 p 1. That a rezoning procedure has been initiated b the Maplewoodewoypod CityCouncilpursuanttoChapter36oftheMaplewoodCode; 2. That said rezoning procedure was referred to and reviewed b h Maplewoodewood i y the p City time said Planning Planning Commission on the seventh day of February,1983, at which y a nn i ng recommended to the CityCouncilthatsaidrezoneprocedurebeapproved; 3. That the Maplewood City Council held a public hearing to considertherezoningprocedure, g g p u e, note ce thereof having been publ shed and m a i l e d pursuant to law; and 4. That all persons present at said hearing were given an opportunity tobeheardand /or present written statements, and the Council consideredreportsandrecommendationsoftheCityStaffandPlanningCommission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF M PA LEWOOD,RAMSEY COUNTY, MINNESOTA that the above - described rezoning e granted9gnted on thebasisofthe 'following findings of fact: 1. The changes are consistent with the spirit, ur ose and intent fPPto theZoningCodeandtheLandUsePlan 2. The changes would not injure or detract from the use of the neighboringgngpropertyorfromthecharacteroftheneighborhood. 3. The changes would serve the best interestsis find convene en4es of the community, where applicable, and the public welfare. E F 4. The changes would not affect the use of the property for a fire station. 5. The changes would be compatible with the adjacent residences. Adopted this day of 198 Mayor ATTEST: City Clerk r yr. am 2 - IM B. Rezoni gn 1177 N. Century (East County Line Fire Station)y Secretary Olson said the proposal is to rezone the southerly two lots LBC and the two vacant lots to the North to R -3C. The Commission discussed with Secretary Olson the types of zoning that would be appropriate for the property and use. Commissioner Whitcomb moved the Planning Commission recommend to the City G 1 approva of the resol ut.ton rezot_g_ he tw - 1 o fire station Bcrto .1 BCC and approval - of re zon ng the two vacant lots north of the fire station site to R - 3C on the basis tha 1. The changes are consistent with the spirit, purpose and intent of the Zoning Code and the Land Use Plan. 2. The changes would not injure or detract from the use of the neighboring property or from the character of the neighborhood. 3. The changes would serve the best interests and conveniences of the community where applicable, and the public welfare. 4. The changes would not affect the use of the property for a fire station, 5. The changes would be compatible with the adjacent residences. Commissioner Barrett seconded Ayes - -Commi ssi oners Axdahl , Barrett, Pellish, Prew, Whitcomb Abstained -- Commissioner Fischer 13 . MEMORANDUM TO: City Manager FROM: Assistant City Engineer DATE: March 7, 1983 SUBJECT: Crestview Drive-Hudson Place Watermai n Extension Public Hearing Project No. 82 -19 Act E r .0 jIC . ... Enclosed, herewith, are feasibility reports for distribution totheCityCounciThefindingsofthereportwilllpbepresentedduringthepublichearingscheduledonMarch14, 1983. Jw Enclosure 1 RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of watermai n improvements on Crestview Drive and Hudson Place, a hearing on said improvement in accordance with the notice duly given was duly held on March 14, 1983, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the Cityy of Maplewood construct watermai n improvements on Crestview Drive and Hudson Place as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 01 H DEPARTMENT OF PUBLIC WORKS 770 -4550 February 24, 1983 A Dear Resident: On March 10, 1983 between 2:00 and 6:00 p.m. a public information meeting will be held at the Gladstone Fire Station. The purpose of this meeting is to generally acquaint the affected property owners with the proposed Crestview Drive improvement and answer any questions which they may have relating to this matter. You are encouraged to attend this information session so that you may fully understand the proposed project and assessment procedures before attending the public hearing at City Hall at 7 :45 p.m. on Monday, March 14, 19830' Thank you, CITY OF 1M LEAP W001[) 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 PUBLIC WORKS DEPARTMENT f{ F S NOTICE OF HEARING1 ON IMPROVEMENT TO WHOM IT MAY CONCERN: N`ti ce i s hereby given that the Ci fiy Counci 1 of Maplewood, Minnesota wi meet in the Counci Chambers of the City Hall, 1380 Frost Avenue on March 14, 1983 at 7:45 p.m. to consider the making of an improve- ment on: Crestview Drive from Hudson Place south to cul and Hudson Place from McKnight Road to Sterling Street by: construction of watermai n and services. 3 The total estimated cost of said improvement is $210,000.00 It is proposed to assess every lot, piece or parcel: of band benefited by said improvement, whether abutting thereon or not, based upon benefi received without regard to cash val uatio'n. Persons desiring to be heard with reference to the proposed improvement will be heard at this meeting. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 2nd day of March, 1983, BY ORDER OF THE CITY COUNCIL 1 s/ Lucille E. Aurelius, City Clerk City of Maplewood BENEFIT, as used here, means that the assessed property is enhanced in value for'any purpose, not just its present use. Publish: Maplewood Review March 2, 1983: March: 9, 1983 0 March 7. 1983 b MEMORANDUM En1.or To: _ City Manager Barry Evans'`' From: Director of Public Safety Kenneth V. C o l l i n s . , 12 Subject: Purchase of EMS Portable and Mobile Radio Units Proposal It is proposed that the City Council authorize the purchase of six portable and mobile EMS radios in the amount of $98,150. Background We are currently operating on an old radio system that will be phased out June 1 1983, at which time the new East Metro EMS Radio System will be put into service. At this time it will be necessary for us to have the new EMS radios in order to have communications between our medic units and St. Paul Ramsey Hospital. Without the purchase of these radios, we will not be able to continue our operation as-we have it. Our 1983 authorized budget of $70,000 plus the carryover of $28,700 exceeds this amount, and no further budget transfers will be necessary to complete this deal. KVC:js cc Radio File EMS F i l e Budget File Finance Director 1t, MOTOROLA Communications and Electronics Inc. Address Reply to: 11100 Bren Road West Minnetonka, MN 55343 612) 932 -9500 FEB `. February 23, 1983 Ken Collins - Police Chief Maplewood Police Department 1380 Frost Avenue Maplewood, Minnesota 55109 SUBJECT: METRO EAST EMS PORTABLE AND MOBILE PRICES Dear Chief Collins: This.letter will serve as confirmation for the APCOR portable and MEMCOM mobile radio prices I gave you in our meeting on February 22, 19830 The unit prices shown below are the bid prices from the Metro East EMS bid which opened February 24, 19820 Bid Item 19A: Q2033; Mobile radio with accessories, less transmitter steering option 7,956.00 Bid Item 20A: Additional Cost for transmitter steering in mobile 500.00 radio Bid Item 21A: Mobile radio installation 590.00 Bid Item 22A: APCOR, portable radio /telemetry unit less transmitter 5,927.00 steering option Bid Item 23A: Additional cost for transmitter steering in portable 385.00 radio The accessories included with the APCOR portable are as follows: 1) NMN6086; Handset 1) NLN4598; Nicad battery 1) NAE6282; Flexible antenna 1) NKN6244 ; 3 -wire patient cable 1) NLN4671; 110 VAC charger 1) NKN6240; Charger cable kit 1301 E. Algonquin Rd., Schaumburg, Illinois 60196 (312) 397 -1000 February 23, 1983 I also contacted the APCOR plant in Florida to find out if the telephone coupler used with the "Orange Box" will work with the 1,.0 watt APCOR and the plant says it will not. If you have any questions or need additional information, please contact me at 932 -9568. Sincerely, MO T 0 R 0 L A, Inc. Communic ins & Electronics Jim Sobey Account Executive Government Markets Division JAS: j0 cc: Officer Robert Vorwerk IL February 28, 1983 STAFF REPORT 17 y M TO: City Manager Barry Evans FROM: Chief of Police Ken Collins SUBJECT: Purchase of 1983 Model Patrol and Paramedic Vehicles Proposal It is proposed that the City Council authorize the purchase of eight 1983 model patrol and paramedic vehicles in the amount of $71,200. Background We currently have 1982 model Ford LTD sedans for patrol and paramedic work. Our 1983 budget authorizes the purchase of six 1983 model patrol vehicles and two 1983 model paramedic vehicles. The Ramsey County. Joint Vehicle bid was awarded to White Bear Dodge, Inc. of Vadnais Heights for $8,900 per vehicle. The Ramsey County Joint Vehicle bid has been found to be the most economical way to purchase our 1983 patrol and paramedic vehicles. Our 1983 authorized budget for the purchase of six patrol vehicles and two paramedic vehicles exceeds this amount and no further budget transfers will be necessary to complete this deal. KVC : db cc: Lt. Nelson Budget File Finance Director Vehicle File Deputy Chief Hagen Sergeant McNulty I MEMORANDUM 14 is^*- I e'i-ion by E d o 1 . TO: City Manager drte; FROM: Assistant City Engineer Re C, -ted _y_ ...__ _..._. . DATE : February 18, 1983,- SUBJECT: Hazelwood Street Improvement Frost Avenue to T. H. 36 Project No. 82 -13 Enclosed, herewith, is the feasibility study for the reconstruc of Hazelwood Street and related storm sewer improvements. We a-re recommend- ing that the. report be reviewed and accepted by the City Council on February 28, 1983 and that authorization is given to hold the public hearing on March 24, 1983. Due to the number of property owners affected by the improvement we are requesting that the meeting be held in the cafeteria of John Glenn Jr. High School. Also enclosed is a Proposed Project Schedule. a r7 i PROPOSED PROJECT SCHEDULE HAZELWOOD STREET PROJECT NO. - 82 -13 10. City Council to accept feasibility study and set date for public hearing 2. Public hearing orders P & S /or abandons project 3. City Council to approve P &Sand authorize ad for bids 4. Advertise in Maplewood Review 5. Advertise in Construction Bulletin 6. Receive and Open Bids 7. City Council receives bids and sets date for assessment hearing 8. Advertise in Mapleowod Review 9. Assessment hearing 10. Award of Construction Contract 11. Commencement of Construction (Trunk Storm Sewer) 12. Commencement of Construction (Hazelwood Street) 13. Completion of Construction February 28, 1983 March 24, 1983 May 9, 1983 May 11 & 18, 1983 May 13 & 20 1983 June 10, 1983 June 13, 1983 June 2.2 & 29, 1983 July 11 , 1983 August 8, 1983 August 15, 1983 April 1 , 1984 Sept. 15, 1984 rh I RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Hazelwood Street between frost Avenue and T. H. 36 by construction of street, storm sewer and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: le The report of the City Engineer advising this Council that the proposed improvement on Hazelwood Street by construction of street and storm sewer is feasible and should best be made as proposed, is hereby received. 2. The Council w i l l consider the aforesaid improvement in accordance with the reports and assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $1,534,000.00. 3. A public hearing will be held in the .John Glenn Jr. High School Cafeteria at Hazelwood:Street and County Road B on the 24th day of March, 1983, at 7.00 p.m. to consider said improvement. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. t NOTICE OF HEARING ON IMPROVEMENT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Maplewood, Minnesota w i l l meet in the cafeteria of John G1 enn Junior Hi qh School, 1560 East County Road "B" on March 24, 1983 at 7:00 p.m. , to consider the making of an improve- meat on: Hazelwood Street between Frost Avenue and T.H. #36--in that area generally bounded by Prosperity Avenue on the East, English Street on the West, Cope Avenue on the North, and the abandoned Soo Line tracks on. the South, by: Construction of street, storm sewer, concrete curbs and gutter and pedestrian walkway. The total estimated cost of said improvement is $1,534,000.00. It is proposed to assess every lot, piece or parcel of land benefited* by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement will be heard at this meeting. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 4th day of March, 1983. BY ORDER OF THE CITY COUNCIL Lucille E. Aurelius, City Clerk City of Maplewood BENEFIT as used here, means that the assessed property is enhanced in value for any purpose, not just its present use. Publish: Maplewood Review March 9, 1983 March 16, 1983 LAIS, BANNIGAN & KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 DONALD L. LAIS JOHN F. BANNIGAN, JR. PATRICK J. KELLY Mr. Barry R. Evans Maplewood City Manager 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Dennis Walton v. City of Maplewood Our File No. 2966 and 3152 Dear Barry: March 4, .1983 AREA CODE 612 224 -3781 Action by C- c - A L./r. L.. fir_' .u.w .... torteyac +.m.ar...>rs.,areHrwr+w. I am herewith enclosing the Settlement Agreement as prepared by the State of Minnesota for disposal of this claim before the Human Rights Commission. In addition to the $2,000, which I recommend that we pay, the Agreement proposes a set of standards for visual acuity require- ments. This Agreement should be presented to the Police Civil Service Commission for their review of these requirements and their consent. If the Council agrees to make the payment of the $2,000 and if the Civil Service Commission can accept the standards as set forth in this Agreement, then I would be in a position to execute this Agreement on behalf of the City of Maplewood and upon the payment to get the matter closed. very truly yours, L , BANN A & KELLY, P.A. onald L. Lais DLL /me Enc . 7 if BEFORE THE HUMAN RIGHTS TLSEPAR. _ MENT" OF THE STATE OF MINNESOTA State of Minnesota by Irene Gomez- Bethke, Commissioner ' Department of Human Rights,, Complainant, vs. SETTLEMENT AGREEMENT City of Maplewood, Minnesota, DHR File No. E -5240 Respondent. This agreement is made b andY between Dennis Walton charging party"); • the 'Y City of Maplewood, Minnesota re spond en t " or "Maplewood ") and the Minnesota Department of Human Rights Department") , through i is Commissioner ("Commissioner"). WHEREAS, a charge of discrimination •ion was fileded pursuant to Minn. Stat. 363.06 (197 withh the Department b the ch 'Y a rg i ng party alleging that respondentpent had discriminated against hint on the basis of physical disabilityability by refusing to hire him •as a Police officer because his uncorrected visual acuity failed to meet Maplewood's standard; and WHEREAS, probable cause has been found by the Department to believe the allegations can •contained in the above - mentioned charge; and W WHEREAS, respondent expressly en ' •Y les that it has discriminated against the chargingrging party or against any other individual on the basis of •physical disability or an otherr unlawful. basis and WHEREAS, all parties to this agreement desire to conciliate all issues in dispute between them in the above matter; and - WHEREAS, the undersigned parties have agreed - tD a full1 settlement of all issues in dispute between them. NOW, THEREFORE, in consideration of the romp s contained in this document, the undersigned partiesgproes agree as follows: 119 This agreement is not intended to and shall not constitute an admission or an evidence ; •Y ce of admission for any purpose that respondent violated the Minnesota Human R' 'Rights Act , Minn. Stat. 5 363.01 et seg. ( 1982) or any other state or federal law or regulation. 2. Respondent agrees to pay to the charging •g g party within fifteen ( I S) days of the executionon of this agreement by all parties, the sum of Two Thousand Dollars. { $2 000, 00 30 Charging party and the Departmentrtment here 'P by waive, release, quit claim, discharge and covenant not to sue respondent with respect to an and all claimsi 'Y ms which were or could have been asserted in the charge filed by the charging art with9gPy _ the Department in this matter, 4* Respondent agrees that with respect to allP employment related purposes it will not use an visual acuity a 'Y y stand _. rc n hiring, recruiting, promoting, or employing •police officers which discriminates on the basis of h si •p y cal disability in violation of Minn. Stat, 9 363903, subd . 1 ( l 982 Ma 5. Respondent will cease and desist from requiring applicants for the position of police officer to meet an uncorrected visual acuity standard in both eyes of 20/30 Snellen orC ) _ better, 60 This agreement establishes rocedures which Maplewoodaplewood shall utilize after ascertaining the visual acuity f applicantsYppnts for the position of police officer herein "applicants")* C pplicants ). These procedures establish two classes of applicants: Class 1; Any applicant whose uncorrected visualacuityisdeterminedaftertestingtobebetter than 20/40 (Suellen) in both eyes shall be deemed to have sufficient visual acuity. Class 2: Any applicant whose uncorrected visual acuity is determined after testing to be between 20/40 and 20/200 (Snellen ) in one or both eyes shall be offered an Y opportunity to appear before a visual acuity review board. This board shall be established and operated as set forth below. Applicants whose visual acuity does not lace them in eitheP r Class 1 or Class 2 are not affected by the terms of this agreement, Respondent shall establish a visual acuity review board consisting of three individuals: an o hthamolo ist a ofPg , police officer with at least five years police experience, and a Person employed by respondent who is familiar with the job re uirequirements of a Maplewood police officer, 8. All applicants rejected by Maplewood on the basis of visual acuity who are members of Class 2 above shall be notifieded in writing at the time of their rejection that the areY entitled to appear before r the visual acuity review board. These individuals 3- Class 2 applicants ") shall also be notified at this time of the procedure to be followed in order to obtain such an appearance, 90 The visual acuity review board shall at the request of any Class 2 applicant determine whether his visual acuity corrected or uncorrected) renders him unable to safely and efficient) perform the •y p fob requirements of a Maplewood police officer or would constitute a serious, threat to his health and safety or that of others if he were employed as a Maplewood policePP o ff i , -er . lo. The determination of the visual acuity review board required by paragraph 7 above shall be rendered in such time as to not limit or foreclose the employment opportunities of any Class 2 applicant for the position of po.l ice officer who has sought such a determination. 11. Each determination of the visual acuity review board required ' by this agreement shall be in writing and served by mail upon an individual requesting it, 12. In any document which notifies interested persons of any visual acuity standard utilized by Maplewood in hiring its 4- s Police officers, notice •shall be included therein of the existence f and procedures used b theE Y visual acuity review board r DEPARTMENT OF HUMAN RIGHTS Date Date Date IRENE GOMEZ HETHKE Commissioner CITY of MA PLEWCOD DENNIS WA LTON 5- If MEMORANDUM TO: City Manager- FROM: Director of Community Develo mypentSUBJECT:Code Amendment -- Planni Commission TermsDATE: February 17, 1983 I i The enclosed amendment allows a planning commissioi •oner w th an expired term toserveuntilanewappointmentorreappointmentsmade. This will allowcommissiontohaveauorumafter the 9 terms have expired without appointments. RArnmmanA. z +inn Approval of the enclosed ordinance ic enclosure: Ordinance t t ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE MAPLEWOOD CODE OF ORDINANCES RELATING TO THE PLANNING COMMISSION THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 25 -19 (b) is hereby amended as follows (additions underlined): Sec. 25 -19. (b) b) The mzmbers of the first planning commission under the 1970 amendment of this section shall consist of: three (3) members appointed for three (3) years; four (4) members appointed for two (2) years; and four (4) members appointed for one year. The unexpired portion of the year in which the appointments are made shall be considered as one year. All terms shall expire on December thirty -first of the year in which the appointment terminates.. A commissioner with an expired term, however, may serve until a new appointment or reappointment is made. As the terms expire, all appointments thereafter shall be fora term of three (3) years. (Code 1965, § 202.020; Ord. No. 263, § 3 4 -2 -70) Section 2. This ordinance shall take effect after its passage and publication. Passed by the Maplewood City Council this day of , 1983. Mayor Attest: Ayes- - Clerk Nays -- H E. Code Amendment: Planning Commission Terms ar OV- 8 Secretary Olson said the amendment allows a planning commissioner to continue to serve until a new appointment or reappointment is made. Commissioner Pel l i sh movea \ the Planning Commission recommend approval of the ordinance re arding the terms of the commissioner Commissioner Fischer seconded Ayes--Commissioners Axdahl , Fischer, He j ny, Pel 1 i s h, S1 etten, Whitcomb. CITY OF Z 11PLVO•D 1380 FROST' AVENUE M -A I'LENN'O OD, MIN ESOTAA, 55109 b OFFICE OF COMMUNITY SERVICES 770-45 MEMORANDUM - -" Garry Evans, City Manager Fr Robert D. Odegard, Director of Commu t -- Serv - i ces •Subj; Re uest Foq r Transfer of Fund s From Contingency Account ToTheNatureCenterAccount Date: March 7, 1983 Effective March 8, 1983, Mrs. Chris Soutter, naturalists1ewooda t at theMNCenter, will be on maternity leave until a rox-i ma to l y May 7, 19830 p p Spring class reservati at the Nature Center are alreadyy fulanditisnecessarythatwereplaceChrisSoutterwithatrainednaturalist. I have hired Judy Horsnel l who was a former natur -alistwiththenaturecenter, on a temporary basis. Sincewillhyc theCityyhatopayChrisSoutterherfullsalarywhileshe is on maternity leave, we must provide additional f •funds for the hiringngofatemporarynaturalist. It is requested that $2,400 be transferred from the contingency gency fundtopart -time wages in the Nature Center. CITY • MAPLE 0 1380 I AVENUE MAPLEW001). MLNNESOTA 55109 r 1 , N OFFICE OF COMMUNITY SERVICES 770 - 457004570 MEMO TO: Barry Evans, City Manager FROM: Robert D. Odegard, Director of Communi Servi SUBJECT: Calculations for transfer request of $2400 from Contingenc9y Fund to Part -Ti Wages, Nature Center DATE: March 8, 1983 Ch ri s Soutter is al ready budgeted for 1983. Cost for hiring temporary Judy Horsnel l : March 7, 1983 thru May 6, 1983 - 45 working days 8.22 per hour x 8 hours per day x 45 working days Cos t $2 Assuming Chris Soutter is granted an additional 16 weeks 80 work days) of unpaid leave of absence from May 8 thru August 26, there will be a sav n2s due to the differential in her pay vs Judy Horsnel l s pay. Chris Soutter 15 weeks: 9.11 per hour x 8 hours per day x 80 working days - $5,830.40 Judy Horsnel l 16 weeks: 8.22 per hour x 8 hours per day x 8U working days - $5,260.80 Savings due to differential $569.60 Approxima amount needed to be transferred to cover wages .from Contingency to Part -Time Labor jn the mature Centers Budget. $2938906O A T7__ MEMORANDUM TO: City Manager FROM: Assistant City Engineer DATE: March 3, 1983 SUBJECT: Frost Avenue Reconstruction Adele Street to Birmingham StreetTg ) Project No. 83 -1 a ec D to The Ramsey County Department of Public Works has submitted conceptualPlansforthethirdphaseofthep P three -phase program to reconstructFrostAvenue. The first phase, which was completed in 1982 improvedPdthatsectionofroadwaybetweenT.H. 61 and Adele Street. The secondphase, Birmingham Street to White Bear Avenue, is scheduled t o be re- constructed this year. The proposed third phase, Adele Street to Birmingham Street, will complete the entire route and is contemplatedtobeconstructedin1984. The County is requesting that we review the plans for compatibilitywithCitysystemsandlong -range improvements. Project funding would consist of County State Aid Highway (CSAH). monies for eligible items.Costs associated with non - eligible items are anticipated to be bornebytheCityasfollows: 1. Three - fourths of the cost of concrete curb and 9 utter. 2. That portion of the storm sewer costs to oversize the system to accommodate drainage from outside of the County right -of -way. 3. Any costs associated with uti'l i ty instal 1 ations and/or upgrading.pg ng. 4. Right -of -way acquisition for construction limits Estbeyondtheexist- ing right -of -way. Y We herewith request that the City Council authorize the City Engineerineer to have prepared a feasibility study which will address the en i neeri n feasibility, estimated costs a - g g and methods of project financing regardingthereconstructionofFrostAvenuebetweenAdeleStreetandBirminghamStreet, and related improvements, g jW FFl RESOLUTION CALLING FOR PRELIMINARY PLANS WHEREAS, the City Council has proposed that the area described as: Frost Avenue between Adele Street and Birmingham Street be improved by construction of street, storm sewer and related improve- ments, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,MINNESOTA that the proposed improvement be referred to the CityEngineer, who is hereby instructed to report to the Council with all convenient speed advising the Coun(.il in a preliminary way as to whether the proposed improvement is feasible and should best be made as ro osedPPandtheestimatedcostoftheimprovementasrecommended. Ro SEYCOUNTY R December 10, 1982 1 Ramsey County DEPARTMENT OF PUBLIC WORKS 3377 North. Rice Street Saint Paul, Minnesota 55112 612) 484 -9104 Mr. Kenneth Haider Director of Public Works City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 1 Frost Avenue - Adele Street to Birmingham Street Divisions of: Engineering Maintenance Mobile Equipment Environmental Services Under separate cover we recently submitted to you a preliminary draft of our proposed 1983 Five -Year Program. You will note in the program that this portion of Frost Avenue is scheduled for reconstruction in 1984. Accompanying are some colored upaerialphotoenlargementsschematicallyshowingtheproposed52-foot roadway width within the existing rights of way. You may find the relationship of the roadway to surrounding development of interest to some of your staff and /or council. It uts the ma nitude of the proposed development • p g p p lopment in context with the development and insofar as I can see in a preliminary review does not have significant adverse effects. Note that we have indicated the need for a storm sewer discharge at approximatelytheeastedgeofSchmidtPark. There are presently no storm sewer outfall provisions available at this location. In order for us to reconstruct the roadwa y in accordance with the program it will be necessary to coordinate provisions for storm sewer outfall facilities. If plans are developed and contracts awarded P rior to the reconstruction of this portion of Frost Avenue they should be submitted to Mn /DOT and thereby the city may obtain credits toward the needed storm sewer in Frost Avenue for the outfall facility. We would appreciate your comments on the project in year program. Hopefully, the final five -year program Board in March for adoption. If the schedule for this like the opportunity to revise the program before its Wayn Leonar , P. E. Coordinating Engineer response to our preliminary five - will be presented to the County project is not realistic we should final adoption. WRL /clm MEMORANDUM TO: City Manager FROM: Assistant City Engineer DATE: March 3, 1983 SUBJECT: T. H. 61 Frontage Road Receipt of Bids Establish Assessment Hearing Date Project No. 80 -10 Ac t-YLG?"I i In As previously authorized, the construction bids will be opened on March 11, 1983. The bidding results and tabulation of bids will be distributed to the City Council at their regular meeting on March 14, 19830 The bid from the lowest responsible bidder will be used as the basis for the formulation of the assessment rates, along with estimates of indirect costs for engineering, legal s - administrative and acquisition costs. The assessment hearing should be held on A.pri 1 11, 1983. If the assessment i adopted by the City Counc on this date, the property owners have thirty 30) days therefrom to notify the City of their intent to appeal. On May 9, 1983 the appeal period will be near expiration and an analysis wil be drafted for consideration by the Council. The Council can then evaluate the project with respect to the number of appeals and make a determination on the award of a construction contract. We, therefore, recommend that the City Council accept the bids, direct the preparation of the assessment roll and authorize th assessment hearing be held on April 11, 19830 1= RESOLUTION ORDERING ASSESSMENT ROLL HEARING s WHEREAS, the Clerk and the Engineer have, at the direction of the Council , prepared an assessment roll for the construction of the T. H. 61 Frontage Road Project No. 80 -10, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A heari ng shal 1 be hel d on the 11 th day of Apri 1, 1983, at the C ty Half at . p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by . such i mprove- rnent will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and . pl ace of hearing, the general -nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on f i l e with the Clerk, and that written or oral objections will be considered. RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLLS WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement of the T. H. 61 Frontage Road, Project No. 80-.100 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as-provided by law, and. they shall f i l e a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. _ NOTICE OF ASSESSMENT HEARING i NOTICE IS HERESY GIVEN that the City Council of Maplewood, Minnesota, w i l l meets in the Council Chambers of the City Hall, 1380 Frost Avenue, at p.m. on April 11, 1983 to hear all persons concerning the adoption of the assess- ment roll for Public Improvement No. 80 -10, T.H. 61 Frontage Road -- street, drainage and utility improvements, and to adopt the assessment roll as pre- sented or amended. This hearing is scheduled pursuant to Minnesota Statutes Chapter 429. The assessment roll as herein described is on f i l e in the office of the City Clerk. Area to be assessed: That area generally bounded by County Road C on the north, T. H. 61 on the west, Gervais Avenue on the south and the wetland area on t,le east. All persons who wish to be heard, or to object with reference to this matter may present their cases at this hearing, either orally or in writing. No appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to District Court pursuant to M.S.A. Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City of Maplewood within thirty :(30) days after the adoption of the assessment and by f i l i n g such notice with the District Court within ten (10) days after service upon the Mayor or City Clerk. Under provisions of Minnesota Statutes,, Section 435.193 to 435.195 the City may., at its discretion, defer the payment of assessments for any homestead property' :owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedures for applying for such defer- ment are available from the City Clerk, Dated this 23rd day of March, 1983, Lucille E. Aurelius, City Clerk City of Maplewood, Minnesota Publish: Maplewood Review March 23 & 30 1983 MEMORANDUM - TO: City Manager FROM: Associate Planner -- Johnson SUBJECT: Code amendment- -Nei ghborhood Commercial District DATE: March 3, 1983 INTRODUCTION i a , Req Establish a neighborhood commercial zone that is specifically designed for location within or adjacent to a residential district. Reasons for Change 1. The present commercial zones (see reference information ) which permit retail trade are too intensive for location within or adjacent to a residential neighborhood, 2. If a compatible neighborhood use vacates an overly intensive zoned site there is a potential that a use incompatible with the neighborhood will find the site desirable. 3. As part of the city's downzoning program, staff recognized that no exist- ing commercial zone is appropriate for: a) the northwest corner of - land Avenue and the McKnighth a y g t Road realignment, b) the Maplewood Plumbingumbing property at English Street and Larpenteur Avenue, an -d - e)-- McMenem y Street and County Road B. Objectives To create a commercial zoning district permitting retail trade that is s P eci fi -cal l y intended for: 1, Location on smaller tracts of land within or adjacent to a residential nei ghborhood. 2. Pedestrian and bicycle access 3. Businesses which cater to the daily needs of nearby neighborhood residents ii.e. a grocery store, barber shop, small restaurant, etc.) . CONCLUSION Analysis The opportunity for neighborhood convenience retail shopping should be P reserved .However, limits on the size and types of these uses must be imposed to ensure compatibility with nearby residential uses. The present zoning code does not offer a commercial zoning district which includes retail uses that would ensure compatibility with a residential setting.The attached neighborhood commercial ordinance is proposed to meet this need. The Maplewood Plumbing site at Larpenteur Avenue and Englishish Street9 is an example of the problem that can arise. In this case, business commercial zoning was granted for an insurance office and apartment which were never constructed. A 7 -11 store was constructed a few years later, eventuallyybeingreplacedbythepresentusewhich, although a P ermi tted busi ness commercial use, is overly intensive and out -of- character with= the residential setti A similar situation could result if the Brooks Su, at McM_ ene my StreetP and County Road B. were to vacate the premises, Recommendation (Four votes required for adoption) Adopt the enclosed ordinance establishing a NC -- Neighborhood Commercial Zoning District. 2 REFERENCE INFORMATION Existinq Commercial Zoni n Districts 1. BC, Business Commercial.-the broadest of the commercial d4 stri cts . Thepermittedusesincludeautomobile-related -all ty , businesses offices , retail andypofrestaurants. (See Attachment A. 2. SC, Shopping Center.-s to the BC District, except gas statioautosalesarenotpermitted. ns andSeeAttachmentB.) 3 • BC(M) Business Commercial Modi fi •ed) - -s i mi 1 ar to the SC di stri ct, exceptrestaurantsareconditionalusessubjecttonodrive -up window facilities.s intended as a transition from intensive c This i See Attachment C. ) ommerical to residential. 4. CO, Commercial Office--intended to abut a residential district. Emphas •is on professional and administrative soffices. Low intensity commercialusesarepermittedwhensecondarytoanofficeuse •e or by conditional usepermit, if free - standing. (See Attachment D.) 5. LBC, Limited Business Commercial --simi 1 ar to the CO district,exce t retailbusinessesarenotpermitted. The di s ptrict s ntended to abut residentialdistricts. All uses are subject to council unc 1 approval . (See Attachment C. Past Actions Larpenteur Avenue and Englishg Street Site 12-3-64: The site was rezoned from F- farm residence to BC, bus i nesforaninsuranceofficeandapartmentbuilding.d artment b ng s commercial 1974: A 7 -11 store opened on the si 1978: Following the vacation 'of the sto by 7 -11, council denied a licenseosit'for a tavern due to neighborhood o moved i n shortly Oppon • Maplewood Plumbingng and Heatingythereafter. 9 Surve The 3000 square foot maximum area is r • erette at p oposed on the basis that the BrooksSuPMcMenemyStreetandCountyRoadBis •feet. This structure is a good , approximately 3000 square this 9 example of the size structure intended indistrict,ct. Procedures 1. Planning Commission recommendation 2. City Council: First reading Second reading and adoption (requiresfaradoption) at least four votes iW r. .1 - - - - - - - - Proposed Ordinance Attachments A -D 3 DIVISION 5A. NC NEIGHBORHOOD.COMMERCIAL DISTRICT Sec. 36 -126. Intent. The intent of this district is to preserve land for the use of businessesthatarecompatiblewithadjacentresidentiallanduses. Uses are limitedto- offices and smaller retail uses that cater to convenience ; hopping,nPedestrianandbicycleaccess pp 9 y ss are to be emphasized. Sec. 36 -127. Permitted uses. Any of the following uses provided that the floor area of all buildings 'i n any one NC zone shall not exceed 3000.square feet: 1. Bakery or candy shop for the production of oods sold on the remise9premises 2. Beauty parlor or barber shop 3. Dry cleaner or 1 aundromat. All odors must be controlled so as not to benuticeablatoadjacentresidents. 4. Office or medical and dental clinics 5. Repair shop, except for motorized vehicles. No work shall be erformedoutsideofthebuilding. p 6. Drug, hardware or grocery store 7. Studio 8. Tailor or dressmaker shop 9. Veterinary or grooming clinic where there are no outside kennels or storage. Sec. 36 -128. Accessory uses. 1. Off- street parking,_ 2. Signs, in accordance with the sign ordinance Sec. 36 -129. Conditional uses (requires counci 1 a rapproval). Any of the following uses provided that the floor area of all buildings in 000 square feet:any one NC zone shall not exceed 8 1. Any permitted use listed in section 36 -127 2. Club, lodge or hall 3. Private school, daycare center or community service use 4. Taxi stand or bus stop 5. Restaurant where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residents. 4 Similar uses to those listed i n this section Sec. 36 -130. 'District standards, a) Bike racks Bike racks shall be provided in an area that is convenient to etch major building entrance, but which will not disrupt pedestrian or vehicular traffic or fire lanes. b) Building design Buildings in this district shall be designed to be compatible with their surrounding land uses. If more than one use on a site theyshallbeplannedandorganized-as a unit. Pedestrians should be able to walk between stores without crossing vehicular traffic lanes. There shall be no exterior storage, other than a trash receptaclewhichshallbescreenedasrequiredbySect'l on 36 -26 of the zoning9code. c) Lot coverage At least 15% of the site shall be landscaped. d) Building setbacks 1) The minimum building setback from aright -of -way shall be thirtyfeetandtwentyfeetfromsideandrearpropertylines. 2) Where a setback is from residentially zoned property, the minimum required setbacks shall be increased, not to exceed 75 feet, subject to the most restrictive of the following requirements: a. Building height: The building setbacks shall be increased two feet for each one foot the building exceeds 25 feet in height. b. Exterior wall area: Where an exterior wall faces a residentially- zoned property, the wall setback shall be increased five feet for each 1,000 square feet, or part thereof, in excess of 2,000 square feet. e) Parking and loading areas Paved areas shall be provi ded for loading and unloading of delivery trucks and other vehicles, servicing of shops by refuse collection, fuel, fire, and other service vehicles; automobile accessways ; and pedestrian walks. f) Plan review Plan approval i s required from the Community Design Review Board. The city may require appropriate conditions to ensure compatibility with the surrounding uses to include, but not be limited to, building height, setbacks, orientation, parking lot location or location of building entrances or screening. 5 ATTACHMENT A - DIN'ISION 7. BC BUSINESS AND C0h0MERCIAL DISTRICT Sec. 36 -153. Use regulations, In a BC Business and Commercial District in the city, the follow- ing regulations shall apply. 1) Permitted uses: A building may be erected or use$, and a lot -= may be used or occupied, for any of the following purposes,,1 and "no other. a) Apartment for one - family in combination with business use. b) Hotel, motel, tourist home, rooming house or boarding. . house. c) Retail store, restaurant, offilce, agency, studio, bank, personal ser %rice and craftsmen's shop, mortuary. ` d) Automobile sales agency, used car lot, parking garage or lot, provided all facilities are located and all services are conducted on tl a lot. e) Newspaper publishing, job printing establishment. f) Theater. g) Nand or automatic self- service laundry. - b) Bakery or confectionery shop, for the production of ar- ticles to be sold only at retail on the premises. i) Public garage or motor fuel station; provided that a license to operate such business is first obtained from the city council pursuant to chapter 17 of this Code. Ail public garages and motor fuel stations must be so lo- cated on the site and the site shah be of the size as provided in section 36 -156 of this division which defines kinds of operation, site area required and other data relating to such business. : j) Any use of the same general character as any of the above permitted users; provided that, no use which is noxious or hazardous sball be permitted. 2) Special exceptions: The following uses are allowed when authorized by the city council as a special exception: a) All uses permitted in R -3 Residence Districts, excepP the construction of dwelling houses permitted in divi- sions 3 and 4 of this article, R -1 and R -2 Residence Districts. b) Processing and distributing station for milk or other beverages, carting or hauling station. . c) Place of amusement, recreation or assembly, other than a theater, when conducting indoors. d) Yard for storage, sale and distribution of ice, coal, fuel oil or building materials, when enclosed within a fence of not less than six (6) feet in height, but not including junkyard, salvage, automobile or other wrecking yard. Code 1966, § 907.010 Ord No. 232, § 3,10-19-67 Ord No. 256,11- 20 -69; Ord. No. 402, § 1 8- 12 -76) P1 1 1 Mo 1111 L 11 1 D DIVISION 8. SC SHOPPING CENTER DISTRICT Sec. 36 -173. Use regulations. In an SC Shopping Center District in the 64, a building or combination of buildings may be erected or used, and the lot area may be used or occupied for any of the following purposes, and no other, but in no case shall a building be used for living quarters: 1) Retail store, including retail outlet showroom for uses per - mitted in subparagraph (9) hereof, but not includin g auto - mobile sales agency; provided that, no goods shall be dis- played on the exterior of the premises. 2) Restaurant, tea room or cafeteria. 3) Office agency or studio. 4) The following personal service shops dealing directl y with customers; beauty parlor, barber shop, clothes cleaning agen- cy, automatic self - service laundry, dressmaking, millinery or similar shop; provided that all repair or processing work is conducted in accordance with subparagraph (9) below. 5) Theater, not including outdoor motion picture establishment, assembly hall, or community building, indoor recreational establishment or library, child day center. 6) Bakery, confectionery or custom shop for the production of articles to be sold at retail on the premises.; provided that, all baking or processing is conducted in accordance with sub- paragraph (9) below. 7) Bank. 8) Passenger station. 9) The following uses; provided that, if such uses are located on the ground floor, they shall not be located within twenty -five 25) feet of the front of the building; and further provided that, they shall be effectively screened from the front portion of the building by a wall or partition: a. General servicing or repair. b. Upholstering. c. Carpentry or woodworking. d. Electrical, radio, television repair. e. Hand laundering, dry cleaning or pressing, providin g no inflammable fluids are used. f. Tailoring, dressmaking or repair. g. Millinery repair or processing. h. Baking, confectionery making or similar processing.g L Frozen food lockers. j. Any similar use involving repair, processing or storageg activity. 10) Accessory use customarily incidental to any of the above uses. 11) Any use of the same general character as any of the above permitted uses, when authorized as a special exception by the city council; provided that, such use shall be permitted subject to such reasonable restrictions as the city council may determine; and further provided that, no trade or busi- ness shall be permitted which is either noxious or hazardous. ATTACHMENT C Sec. 36 -154. LBC Limited Business Commercial District.. The LBC Limited Business Commercial District is hereby estab-lisbed and may be authorized by the council in those locations where a regular BC Business Commercial District abuts a residen- tial district, the intent of this provision being o make ossiblegp $ modified commercial area in the nature of a buffer zone VAerein the uses, subject to prior council approval, %krill be limited to P rotes- - signal offices and such other similar uses as the council i ma y deter- t m1ne. The proposed plan of use n any such LBC limited business ; commercial district sball be submitted to the council for final de-1terminationandapproval. (Code 1965, § 907.010; Ord. No. 232, 3 10- 19 -67; Ord. No. 256,11- 20 -69; Ord. No. 402, § 1, 8- 12 -76) Sec. 36 -155. BC(Af) Commercial District (Modified). i 1. INTENT. The BC (H), Business Commercial - Modified District is intended to provide for the orderly transition between more intensive co,,r ercial uses and low or medium density residential areas. Restrictions on, but not limite g d to, building height, setbacks, orientation, parkin lot location, or Ycation of building entrances r-nay be required to ensure compatibility wi tai abutting residential uses. 2. USE REGULATIONS. A building may be-erected or used, and a lot may be used or occupied, for any of the following purposes, and no other: a. Retail store; professional administrative offices; bank or savings and loan; personal service, craftsmen's shop, mortuary b. Hotel or motel c. Falk -in theatre d. Job printing shop e. Bakery or candy shop producing goods for on- premises retail sales. f. Any use of the same general character as any of the above permitted uses, as determined by the City Council, provided that no use which is noxious or hazardous shall be permitted. 3. The following uses when authorized by the City Council by means of a special use permit: a. All uses permitted in R -3 Multiple Dwelling Districts, except the con- _ struction of houses permitted in R--1 and R -2 districts. b. Laundromat or similar automatic self-service laundry, c. Restaurant, where there are no drive -up order windows or serving of food to patrons in their automobiles. A11 cooking odors must be controller so as not to be noticeable to adjacent residences.- d. Place of amusement, recreation, or assembly, other than a theater, wbe re there are no-outdoor activities. ATTACHMENT D is DIVISION 6. CO COMMERCIAL OFFICE DISTRICT Sec. 36 -136. Purpose and intent. a) The CO Commercial Office District is established rip marilytoprovideareasforthedevelopmentofprofessionaland -adminis- trative offices, related uses together with supportive, low 'PP intensitycommercialusesinlocationsincloseproximity'roximity to residential areaswheresuchusescanconvenientlyservethepublic, and to create asuitableenvironmentforsuchusesandbuildingsspeciallydesignedfortheirpurposes, located on sites l y g large enough to provide room for appropriate separation of uses, landscaped open spaces and off - street parking facilities. b) This district is intended to be located primarily on heavily traveled streets or adjacent to commercial or industrial districts, and is designed to lessen the impact of these uses on residential areas. (Ord. No. 380, § 100,1- 16 -75) Sec. 36 -137. Permitted uses. In a commercial office district, unless otherwise provided in this chapter, no building or use of land shall be erected, structurally altered or expanded, except for one or more of the following uses: a) Professional offices; b) Administrative offices; c) Medical and dental offices and clinics; d) Financial offices, stock brokerages, banks and saving and loans, real estate offices and other general business offices; e) Related commercial uses: Incidental services, such as restaurants, pharmacies and retail sales which serve primarily the occupants and pa- trons of the permitted office use, when conducted within the same building. Related commercial uses shall not ex- ceed twenty -five (25) percent of the total net floor area of the building. Supportive commercial uses: The following free standing uses may be permitted upon approval by the city council of a special exception: Spe- cialty or gift stores, office supply, ticket agency, travel service, opticians and similar uses. The uses provided for in this paragraph may be the sole use of a particular property or building, or may be combined with any per- mitted or conditional uses allowed in the district, upon compliance with the necessary special exception or spe- cial use procedures. (Ord. No. 380, 101,1- 16 -75) l a i a Sec. 36 -138. Conditional uses, i The following uses are permitted in a CO District subsereviewandapprovalofaspecialusepermit: to a) Medical and dental labor stories, not including the manufac- ture of pharmaceutical or oche: products for general salesanddistribution; b) Public and quasi - public uses appropriate to the district such as hospitals, convalescent hospitals, and professional, busi- ness and technical schools; c) Public utility and service buildings, structures and uses a - propriate to the district: P It is the intent of this paragraph to provide for uses which supply public or quasi- public services which are of a sub- stantially automated nature or require only periodic main -yP tenance, such as water pumping stations, telephone relayor' facilities and similar uses. It is not intended that office facilities, maintenance dispatching depots or any use which generates regular daily use or traffic would fall within this definition. d) Restaurants: In keeping with the intent and purpose of the CO district a restaurant use does not include a drive -in or any res- taurant commonly referred to as "fast food" or "fran- chise" wherein the emphasis is on automobile oriented clientele or where any sizeable ro ortion of thePP total activity is involved in takeout orders intended for con- sumption other than within the building. Questions of the applicability of this definition to an individual ro- posal shall be reviewed b t P y e planning commission, whichshallforwardarecommendationtothecitycouncilfor final determination. e) Any other office use which is determined to be the same general character as the above uses. (Ord. No. 380, 102, 1- 16 -75) T- MEMORANDUM TO: City Manager FROM: Associate Planner Johnson SUBJECT: Final P1 at-- Carsgroves Meadows Addition r APPLICANT: Roberts Construction, Inc. OWNER: Ray Nowi cki DATE: March 9, 1983 Request Approval of a final plat for sixty single-dwelling lots, n-..4- A..4-4,... 7- 16 -81: Council vacated a portion of Cypress Street and approved the preliminaryYplatforCarsgrovesMeadows, subject to the following conditions: I.. Construction of a 12 inch watermain from Gervais Avenue to County Road C through the plat. 2. Construction of a storm sewer and pondi ng system that will limit the rate of run -off onto adjacent property to present levels as determined by the City Engineer. 3. Construction of Connors Avenue to Cypress Street for a second means of access to the proposed subdivision. 4. Construction of all internal plat improvements. 5. Include the proposed remnant parcel located west of the ro osed ForestPP Street, with the plat as an Oral ot. This Outl of shall be combined with the property to the west. The metes and bounds ro ert description forPPY the p l a t shall be changed to reflect the inclusion of this . property 6. Vacation of the 40 foot ingress-egress easement south from County Road C. 7. Dedication of a street and utility easement for that portion of proposed Forest Street which l i e s on the adjoining property to the west. 8. Staff approval of a finished grading and drainage plan, 9. Dedication of 33 feet rather than 43 feet for the south half-of County Road C. 10. Transfer of the .7 persons /net acre density excess to the applicant's property to the west. 1. Drainage easements shall be dedicated along the back lot lines, as per the City Engineer's direction. 12. Compliance with the recommendations of the Soil Conservation .Service, dated November 21, 19770 13. Final plat approval cannot be granted until the EAW rocess has beenn completed. 14. Dedication of the 10 foot temporary roadway easements on the north and south sides of the easterly 60 feet 'of proposed Connors and Delmont Avenues for purposes of temporary cul-de-sacs, These easements are to be separate from the plat. 7-26-82: Council approved a time extension for this plat, subject to the original conditions. Status - Street grading, utilities and curbs have been installed as provided by a June 10, 1982 developer's agreement. Final plat approval is being requested prior to completion of the required public improvements, therefore, a letter of credit must be submitted to ensure their completion. Completion of the re- maining improvements and the start of home construction is proposed for this Spring. Recommendation Approval of the final plat, subject to: 1. The receipt of an irrevocable letter of credit for completion of required public improvements prior to the City signing of the final plat. 2. Submission of temporary roadway easements' for the north and south side of Demont Avenue for a temporary cul-de-sac at the east boundary of the site, 1C Enclosures 1. Location Map 2. Property Line Map 3. Final Plat 2 R O i BEAM AVE. I BEAM60 . _ ...... .-. ' .. Koh !man -".. /- o = Loke o . k, r ---- KONLMAN AVE. ui el 7 u NTY ROA " c" 2 a v N U a1 cc Q H BROOVJ AVE. Z DE MoriQ c2 61 Ir m SEXT NT A 60 CFA GERVAIS AVE. VANDV1Ew AVE, 36 VIKING Eii: l 0 SIIERREN AVE COPE L AVE LARK AVE. LARK AVE1J J Attachment 1 LOCATION MAP I L t r W/w1 0 OUTLOT A TO BE COMBINED TO THE PLAT TO THE WEST 0OW Attachment 2 PROPERTY LINE MAP - r LJ N A ORIN N 89155 1340. . ...24750- 130. %— COVOIT ROAD C j i r or 1-601 as W, it or of 4or of too OF 04*vk1• r- I I so 1 I 0 his I X I A lot tf 10 1 W 'w a lox0 60-00 x C z I E r • oc set*$off g ••,. to 1 1 • _ r 1 • 1. U001 0$% 010 Of "th 4 16,10-- L 66 44IL 40 Ave T- CIS J: _ .__.,.:. --• ifs ' d t•;i i w • ' v, ' iv •'; 3 OIL 4b tqjAt CA J pb rd pi A -1 D LaISY33nN3AV- 1 Lp a Nit 0,r lot a of I IF lit 1 .1114 Ion 4 r —orLVp so-so 0411f ploovs lkirmoit Imp too NW45*59* 0 00%woft 60 A Attachment 3 CARSGROVES MEADOWS FINAL PLAT 4