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1981 04-02 City Council Packet
AGENDA Maplewood ewood City �ounci 1 p • 7:00 PX , Thursday, pr il 2, 1981 Municipal Administration Building Meetinq 81 - 7 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1, Minutes 81 -3 (February 19) (D) APPROVAL OF AGENDA (E) CONSENT AGENDA e Consent Agenda are - considered to be routine by All matters listed under the 9 below. and will 11 b e en cue d— by —o-n - mo t i- o-n- -- i__n —� h e f l is t ed _ the City Council a f discussion is de- sired, that item will be removed from the ill be no separate discussion on these items. I There w p Consent Agenda and will be con - g sidered separately. 1. Accounts Payable 2. Settlement of Claim Against RoGene, Inc. 3. Set Public Hearing for Bike Lane Construction 4. Temporary Position: Forestry Technician (E -A) Human Relations Commission Appointment (F) PUBLIC HEARINGS �. Keller Parkway Sanitary Sewer (7:00) 2. Code Amendment: Garage Area (1st Reading) (7: 30 Board of Appeals and Adjustments a. Minutes b. Variance: Brooks Avenue & Germain Street (Cardinal) (7:30) c. Variance: 1389 Kohlman Avenue (Behrens) (7:30) 4, Code Amendment: Billboards (1st Reading) ( (G) AWARD OF BIDS 1 Energy Audit Bid (H) UNFINISHED BUSINESS 1. Rezoning: Arcade Street (2nd Reading) vTSITOR PRESENTATION (�) NEW BUSINESS Paramedic Bill: Application for Cancellation nglish Street 2 Public Improvement Petition: E (K) COUNCIL PRESENTATIONS 1. 2. 3. 4, 5. 6, 7. 8. 9. 10. (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M. Thursday, February 19, 1981 Council Chambers, Municipal Building Meeting No. 81 -4 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and,was called to order at 7:00 P.M. by Mayor Greavu. B ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINU 1. Minutes of Meeting No. 81 -2 (January 22, 1981) Councilman Anderson moved that the Minutes of Meeting No. 81 -2 (January 22, 1981) be approved as submitted. Seconded by Councilman Bastian. Ayes — all. 2. Minutes of Meeting No. 81 -3 (February 5,-1981) Councilman Anderson moved that the Minutes of Meeting No. 81 -3 (February 5, 1981) be ap proved as submitted Seconded by Councilman Bastian. Ayes — all. D.' APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Letter to School Board 2. Cable TV Board 3. Battle Creek 4. Storm Water — St. Paul 5. Vacum Sweeper Seconded by Councilman Nelson. Ayes — all. E. CONSENT AGEND Council removed Items E 4, 5, 10 and 14 from the Consent Agenda to become Items J —b, 7, 8 and 9. Councilman Nelson moved, Seconded by Mayor Greavu, Ayes all, to approve the Consent Benda as recommended: — 1 — 2%19 2 - 2/19 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check No. 005236 through Check No. 005584 - $71,726.72; Check No. 009136 through Check No. 009269 - $206 Part II - Payroll Check No. 26861 through Check No. 26984 - $55,406.93) in the amount of $333,227..84, 2. Budget Change- Paramedic Authorized the increase in revenue and expenditures in the 1981 Paramedic Capital Out - lay Account 122 -4640 by $7,561. 3. Reduction of Retainage: Maryland Avenue Authorized reduction of the retainage on the Maryland Avenue Project 77 -12 to $5,000.00 and approved payment to C.S. McCrosson, Inc. in the amount of $96,928.38. 6. Time Extension: Clausen Addition Approved a 90 day time extension of the preliminary plat for the Clausen Addition subject to the original conditions. 7. Time Extension: Goff's Mapleview Addition Approved a 90 day time extension for that portion of the Goff's Ma P leview Addition preliminary plat which has not been given final plat approval. 89 Interfund Transfers: Engineering and Administrative Charges Resolution No. 81 -2 -22 BE IT RESOLVED, that effective December 31, 1980 transfers be made between the following construction projects and the General Fund _ for in -house engineering and ad- ministrative costs: PROJECT TRANSFER TO (FROM) GENERAL FUND N0. ENGINEERING ADMINISTRATIVE TOTAL 75 -06 Howard Larpenteur Storm Sewer $ 11 $ 536 $ 12 76 -08 Maple Greens - Phase II 1,497 138 1 77 -04 Maple Greens - Phase III 4 2 7,375 77 -07 Maplewood Hts. 9th Addition 130 65 195 77 -09 Gervais- Germain to White Bear Ave. 19 4 23,794 77 -12 Maryland Avenue 13 4 17 77 -13 Car -Don Estates 2 620 2 78 -01 Gervais -East of Hwy. 61 11 3 15 78 -04 VanDahl Addition 357 119 476 78 -05 Venture Woods Addition 235 78 313 2 - 2/19 fi i L 78 -09 Water on East Shore Drive 9,640 582 10 78 -10 Hillwood Drive 15 -0- 15 78 -18 Condor Storm Sewer 931 -0- 931 78 -20 Brookview Drive -Storm Sewer II 5 -0- 5 78 -22 Boxwood Improvements 13 -0- 13 78 -24 Beam - West of Highway 61 25 -0- .25 79-01-Cope Connection (4 1 (2 79 -04 English St. - Near County Road C (337) 631 294 79 -07 Walter Street 7 -0- 7 79 -15 Radatz & Southlawn 2 -0- 2 80 -03 Water on Ripley 736 -0- 736 80 -0.6 1980 Diseased Tree Program -0- 277 277 80 -12 Crestview Forest Subdivision s on 1 900 2 80 -13 Goff's Mapleview Addition 184 92 276 Sub -Total 144 20,165 164 Brookview Court Reductions Approved by Council on 1 -17 -80 (4,038) (1 (5 Totals for 1980 $140 $ 19 $ 159 9 884 9. Transfers to Close Improvement Projects Resolution No. 81 -2 -23 BE IT RESOLVED that in order to close the accounting "records for 1980, transfers are needed to close the five improvement projects as follows: 1) Transfer the remainaing $59,693.63 balance in Project 73 -9 ( Conway Ave. Improvements) to Project 74 -18 (County Ditch #17). The Conway Avenue project had been kept open as additional costs were pending due to litigation. No further costs are anticipated at this time. Therefore, it is recommended that the balance be transferred to the County Ditch #17 project as it was financed by the same bond issue and additional costs are pending.due to litigation. 2) Transfer $197.72 from the General Fund to Project 76 -8 (Maple Greens -Pahse II). This project is now complete but the small deficit remaining in the project is not recoverable from the developer due to a negotiated settlement of past and estimated costs that was agreed to in August, 1980. 3) Transfer $5,130.70 from the General Fund to Project 77- 11(Gervais -West of Hwy. 61). — 3 2/19 After the feasibility study for this project was completed in 1979, the Council tabled further consideration of it until the easement and assessment problems could be resolved. Due to the anticipated high cost of easement acquisitions needed for this project, it is.recommended that.no further consideration be given to these improvements. 4) Transfer $1,511.08 from the General Fund to Project 7.8 -21 (Sandhurst Street). After the feasibility study for this project was completed in 1979, the Council tabled further action pending a request by the petition sponsor for further con - sideration. It is recommended that this project be closed as the petition sponsor doesn't appear to be interested in the proposed improvements. 5) Transfer $150.74 from the General Fund to Project 79 -9 (Transit Avenue). On October 4 1979, a feasibility study for this project was ordered contingent on the developer paying for the cost. Since the developer has not made the required cash deposit, it is recommended that this project be closed. 11. Final Approval: Industrial Revenue Bonds - Commercial Partners Resolution No. 81 -2 -24 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF A REVENUE BOND PURSUANT TO CHAPTER 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED TO COMMERCIAL PARTNERS /MAPLEWOOD FOR INDUSTRIAL DEVELOPMENT PROJECT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD (the "City ") as follows: 1. Authority The City is, by the Constitution and Laws of the State of Minnesota, including Chapter 474, Minnesota Statutes, as amended (the "Act ") authorized to issue its revenue bonds for the purpose of undertaking an authorized project, to issue and sell bonds to evidence temporary loans to be repaid from the proceeds. of revenue bonds when issued and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act and to pledge revenues of the project and otherwise secure such bonds. 2. Authorization of Bond and Series of Bonds. The City Council hereby determines that it is desirable and expedient to authorize, and the City Council does hereby authorize, the issuance and sale of a revenue bond of the City in the aggregate prin -, cipal amount of One Million One Hundred Thousand Dollars ($1,100,000) pursuant to the Act to provide money to be loaned to Commercial Partners /Maplewood, a Minnesota general partnership (the "Partnership "), to finance costs of acquiring, constructing and equipping a commercial building in the City (the "Project Building:) to be owned by the Partnership and leased to various tenants, together with necessary equipment (the "Project Equipment ") to be located permanently in and become a part of the Project Building or the site thereof (the "Project Site ") and necessary site improvements (collec- tively the "Project" as more fully defined in the Loan Agreement hereinafter mentioned). In.. anticipation of the issuance of the permanent revenue bonds authorized by this para- graph and in order to provide temporary financing for the Project, the City shall issue and sell its $1,100,000 City of Maplewood Industrial Development Revenue Bond (Commer- cial Partners /Maplewood Project) (the "Bond "). 8. Documents Presented Forms of the following documents (the "Bond Documents ") relating to the Bond and the Project have been submitted to and examined by the City Council and are now on file in the office of the City Clerk: - 4 - 2/19 E a) Loan and Purchase Agreement (the "Loan Agreement"), dated as of February 1, 1981, by and among the City, the Partnership and National City Bank of Minneapolis (the "Bank:) whereby, among other things, the City agrees to sell and the Bank agrees to purchase the Bond, the City agrees to make a loan to the Partnership of the proceeds of the sale of the Bond and the Partnership covenants to complete the Project and to pay amounts sufficient to provide for the prompt payment of the principal of and interest on the Bond; (b) 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 "Project Facilities ") as security for the Bond (this document not to be executed by the City); and (c) Guaranty Agreement (the "Guaranty Agreement ") dated as of February 1, 1981 from Robert M. Larson indivdually, Paul R. Anderson and Anderson, Alan W. Gustafson and Gustafson, and The Arbor Company, a California Limited Partnership (the "Guarantors ") to the Bank whereby the Guarantors guarantee the payment of principal of, premium, if any, and interest on the Bond to the extent provided therein. (This document not to be executed by the City); (d) Assignment and Pledge Agreement (the "Assignment ") dated as of February 1, 1981, whereby the City assigns to the Bank all of its interest in the Loan and Purchase Agreement and Loan Repayments of the Partnership thereunder (except its rights under Sections 5.02, 7.01, 8.04 and 8.05), for the purpose of securing the full and prompt payment of the Bond (the form of Assignment and Pledge Agreement attached as Exhibit 2 hereto); (e) Assignment of Rents and Leases (the "Lease Assignment ") dated as of February 1, 1981 from the Partnership to the Bank whereby the Partnership assigns the rents and leases of the Project to the Bank as security for the Bond (this document not to be executed by the City); and (f) Escrow Agreement (the "Escrow Agreement ") dated as of February 1, 1981, by and amond the Municipality, the Partnership, and National City Bank as Lender and agent (the "Escrow Agent ") whereby the Escrow Agent is to hold, administer, invest and disburse the moneys in the project fund pursuant to the terms of the Escrow Agree— ment. 4. Findings It is hereby found, determined and declared that: (a) The Project, as described in paragraph 2 hereof and in the Loan 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: preventing 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 investmentin educational and public service facilites; halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; adding to the tax base of the City and the county and school district in which the Project Facilities will be located. — 5 — 2/19 (c) The Project has been approved by preliminary resolution of the Council duly adopted August 7, 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 Bond, the execution and delivery of the Loan Agreement, the Escrow Agreement, and the Assignment and the performance of all coven- ants and agreements of the City contained in the Bond, the Loan Agreement, the Escrow Agreement, and the Assignment and of all other acts and things required under the Con - stitution and laws of the State of Minnesota to make the Bond, Loan Agreement, the Escrow Agreement, and the Assignment valid and binding obligations of the City in accord- ance with their terms, are permitted by the Act. (e) There is no litigation pending or, to the best of its knowledge threatened, against the City relating to the Project or to the Bond, Loan Agreement, or Escrow Agreement, or questioning the organization of the City or its power or authority to issue the Bond or execute and deliver the Loan Agreement, the Escrow Agreement, and the Assignment. (f) The execution and delivery of and performance of the City's obligations under the bond, the Loan Agreement, the Escrow Agreement, and the Assignment 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 instru- ment, (g) The Loan Agreement provides for payments by the Partnership to the Holder of the Bond for the account of the City of such amounts as will be sufficient to pay the principal of and interest on the Bond when due. No reserve funds are deemed neces- sary for this purpose. The 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 Bond shall recite that the Bond is not to be payable from nor charged" upon any funds other than amounts payable by the Partnership pursuant to the Loan Agreement which are pledged to the payment thereof, and, in event of default, moneys derived from foreclosure or other enforcement of the Bond Documents; the City is not subject to any liability thereon, no Holder of the Bond shall ever have the right to compel the exercise of the taxing power of the City to pay the,Bond or the interest thereon, nor to enforce payment thereof against any property of the City; the Bond shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and such Bond does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. (i) Nothing has come to the attention of the City Council to indicate that any member of the City Council (i) has direct or indirect interest in the Project or any Bond Document, (ii) owns any capital stock of or other interst in the Project or the Bank, (iii) will be involved in supervising the completion of the Project on behalf of the Partnership, or (v) will receive any commission, bonus or other remuneration for or in respect of the Project, the Loan Agreement, the Escrow Agreement or the Bond. 5. Approval and Execution of Documents. The forms of Escrow Agreement, Mortgage, Loan Agreement, Lease Assignment, Guaranty Agreement and Assignment referred to in paragraph 3 are approved. The Loan Agreement, Escrow Agreement, and Assignment shall be executed in the name and on behalf of the City by the Mayor and the City Manager in substantially the form on file, but with all such changes therein, not inconsistent - 6 - 2/19 with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, The Mortgage, the Guaranty Agreement and the Lease Assignment may contain such revisions as may be approved by the Bank, the Partnership and the Guarantors. The Mayor, City Manager and City Clerk are authorized to execute and deliver, on behalf of the City, such other documents as are required by the Loan Agreement. 6. Approval of Terms and Sale of Bond The City shall proceed forthwith to issue its City of Maplewood Industrial Development Revenue Bond (Commercial Partners /Maplewood Project), in the authorized principal amount of $1,100,000 substantially in the form, maturing, bearing interest, payable in the installments and otherwise containing the provisions set forth in the form of Bond attached hereto as Exhibit 1, which terms and provisions are hereby approved and incorporated in this Bond Resolution and made a part hereof. A single fully registered Bond, substantially in the form of Exhibit 1 to this Bond 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 interest on the Bond shall be payable at the office of the registered owner thereof as it appears on the registration records maintained by the City Clerk in lawful money of the United States of America. The proposal of the Bank to purchase such Bond at a price of $1,100,000 (100/0 of-par value) is hereby found and determined to be reasonable and is hereby accepted. 7. Execution, Delivery and Endorsement of Bond The Bond may be in typewritten or printed form and shall be_ executed by the manual signatures of the Mayor and the City Manager and the official seal of the City shall be affixed thereto. When so prepared and executed, the Bond shall be delivered to the Bank upon payment of the purchase price therefor, and upon receipt of the signed legal opinion of Messrs. Faegre & Benson, of Minneapolis, Minnesota, bond counsel, pursuant to the Loan Agreement. The Bond 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. 8. Registration Records The City Clerk, as bond registrar, shall keep a bond register in which the City shall provide for the registration of the Bond and for trans— fers of the Bond. The City Clerk is authorized and directed to deliver a certified copy of this Bond Resolution to the County Auditor of Ramsey County, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Bond on the County's bond register as required by the Act and Section 475.63, Minnesota Statutes. 9. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost, stolen or destroyed. the City may execute and deliver to the Holder a new Bond of like amount, date, number and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the mutilated Bond shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Bond, 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, together with indemnity satisfactory to them. The City and Partnership may charge the Holder wtih their reasonable fees and expenses in replacing any mutilated, lost, stolen or destroyed Bond. 10. Transfer of Bond; Person Treated as Holder The Bond shall be transferable by the Holder on the bond register of the City, upon presentation of the Bond for notation of such transfer thereon at the office of the City Clerk, as bond registrar, 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 wriring. The Holder seeking to transfer ownership of the Bond shall also give written notice thereof to the Partnership. The Bond shall continue to be successive transfers at the — 7 — 2/19 option of the Holder of the Bond. 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 governmental charge payable in connection therewith. The person in whose name the Bond 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 Bond 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 Bond to the extent of the sum or sums so paid. The Bond shall be initially registered in the name of the Bank. 11. Amendments, Changes and Modifications to Laon Agreement, Escrow Agreement, Assignment and Bond Resolution Except pursuant to Section 9.03 of the Loan Agreement, the City shall not enter into or make any change, modification, alteration or termination of the Loan Agreement, Escrow Agreement, Assignment or this Bond Resolution. 12. Pledge to Holder Pursuant to the Assignment, the City shall pledge and assign to the Bank and its successor Holders of the bond all interest of the City in the revenues of the Project and the Project Facilities, including all Loan Repayments to be made' by the Partnership under the Loan Agreement and moneys derived from enforcement of the Lease Assignment, the Guaranty Agreement and the Mortgage. All collections of moneys by the City any proceeding for enforcement of the obligations of the Partnership under the Loan Agreement shall be received, held and applied by the City for the benefit of the Holder of the Bond. All interests of the City in the moneys and investments in the Project Fund created under the Escrow Agreement until disbursed in accordance with the provisions of the Loan Agreement and Escrow Agreement are hereby pledged as additonal security for the payment of the Bond. 13. Covenants with Holders; Enforceability. All provisions of the Bond and of this Bond Resolution and all representations and undertakings by the City in the Loan Agreement and Escrow Agreement are hereby declared to be covenants between the City and the Bank and its successor Holders of the Bond and shall be enforceable by the Bank or any Holder in a proceeding brought for that purpose, provided that no such covenant, representation or undertaking shall ever give rise to any pecuniary liability of the City, its employees, officers or agents or constitute a charge against its general credit or taxing powers. 14. Definitions and Interpretation Terms not otherwise defined in this Bond Resolution but defined in the, Loan Agreement shall have the same meanings in this Bond Resolution and shall be interpreted herein as provided therein. Notices may be given as provided in Section 9.01 of the Loan Agreement. In case any provision of this Bond Resolution is for any reason illegal or invalid or inoperable, such illegality or in- validity or inoperability shall not affect the remaining provisions of this Bond Resolut- ion, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not contained herein. 15. Election Under Internal Revenue Code of Section 103 (b) (6) (D) of the Internal Reven (b) (2) (vi) thereunder, permitting the issuance bonds in amounts up to $10,000,000 under certain and the Mayor, the City Manager or City Clerk or and file the appropriate form of election under nal Revenue Service. The City hereby elects that the provisions ue Code of 1954 and Reg. s1.103 -10(b) fo tax exempt industrial development conditions, shall apply to the Bond, any of them are authorized to execute the Code and Regulations with the Inter- 16. Certifications The Mayor, C' ' the City are authorized and directed to prepare and furnish to Messrs. Faegre & Benson, - 8 - 2/19 bond counsel to the Partnership, to the Bank and to counsel for the Partnership and the Bank, certified copies of all proceedings and records of the City relating to the Project and the Bond, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 12. Final Approval - Industrial Revenue Bonds - Datsun Resolution No. 81 -2 -25 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of the Loan Agreement the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; Bond Counsel the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower: Hess Kline, his personal representatives and assigns. City the City of Maplewood, Minnesota, its successors and assigns; Construction Loan Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating t,o the disbursement and payment of Project Costs for construct- ion and installation of the Improvements; Improvements the structures and other improvements, including any tangible personal property, to be constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications; Land the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Leases all leases now or hereafter affecting the Land; Lender: First Security State Bank of Saint Paul, Saint Paul, Minnesota, its succes- I- __ sors and assigns; Loan Agreement the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; — 9— 2/19 Mortgage THE Mortgage and Assignment of Leases and Rents to be executed by the Borrower and Renee Kline, his wife, as mortgagor, to the Lender, as mortgage, securing payment of the Note and interest thereon; Note: the $600,000 Commercial Development Revenue Note of 1981 (Hess Kline Project), to be issued by the City pursuant to this Resolution and the Loan Agreement; Note Register: the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; Plans and Specifications the plans and specifications the construction and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additons thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Principal Balance so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of City and remains unpaid at any time; Project the Land and Improvements as they -may at any time exist; Project Costs the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution this Resolution of the City adopted , 19 together with any supplement or amendment thereto. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1 -2. Legal Au The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establish— ment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Assignment of Loan Agreement, the Note and the Construction Loan Agreement, which documents specify the terms and conditions of the acquisition and financing of the Improvements; — 10 — 2/19 (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue - producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas 'thus preserving the economic and human resources needed as a base for providing the economic and human resources needed as a base for providing governmental services and facilities; the provision of accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educat- ional services for the school district serving the community in which the Project is situated; (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Section 474.05 of the Act, will require the issuance of the Note in the principal amount of $600,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of partially financing the Improvements; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon; and (7) The note is an industrial development bond within the meaning of Section 1O3(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (A) of Section 13O(b) (6) of the Code with respect to an issue of $1,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1 -4. Authorization and Ratification of Project The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the construction and instal- lation of the Improvements pursuant to the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of municipal facilites; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of. Note The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are - 11 - 2/19 permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $600,000. The Note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1981 (Hess Kline Project) $600,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ") hereby.promises to pay to the order of First Security State Bank of Saint Paul, Saint Paul, Minnesota (the "Lender "), its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of Six Hundred Thousand Dollars ($600,000.00), or so much thereof as may have been advanced to or for the benefit of the City and remains unpaid from time to time (the "Principal Balance "), with interest thereon at the rate of ten and one - quarter (10 1/4 %) per annum or at such higher rate as hereinafter provided, in any coin or currency which at the time or times of payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hereof and until the "Amortization Date ", (the first day of the calendar month next succeeding completion of the Project in accordance with the Construction Loan Agreement hereinafter referred to, but in any event no later than October 1, 1981 unless extended in writing by the Lender), interest only shall be paid at the rate of ten and one - quarter percent (10 1/4 %)per annum. Interest shall accrue from and after the date of each and every advance so made under this Note and shall be payable on the first day of the calendar month next succeeding the date upon which the first advance is made, and on the first day of each and every month thereafter. (b) From and after the Amortization Date, the Principal Balance shall be amortized and paid in 240 equal consecutive monthly installments, payable on the first day of each month commencing on the first day of the calendar month next succeeding the amortizat- ion date and continuing until the Principal Balance and accrued interest thereon shall have been paid (the "Final Maturity Date "). Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. (c) If the interest on this Note should become subject to federal income taxation pursuant to a "Determination of Taxability" as that term is defined in Section 4.07 of the Loan Agreement hereinafter referred to, and the Lender delivers to the Borrower a copy of the notice of the "Determination of Taxability ", the interest rate shall be immediately increased to one -half percent (1/2 %) in excess of the Prime Rate of the First "National Bank of Saint Paul as defined in the Loan Agreement herein after described and each monthly installment thereafter payable shall be accordingly adjusted and shall be equal to the amount necessary to amortize the remaining Principal Balance by the Final Maturity Date with interest at said increased rate; and in addition the Lender shall be entitled to receive upon demand an amount equal to the aggregate differ- ence between (i) the monthly payments theretofore made to the Lender on this Note be- tween the "date of taxability ", as that term is defined in the Loan Agreement, and the date of receipt by the Borrower of notice of such "Determination of Taxability ", and (ii) the monthly payments which would have been made during such period if the -12- 2/19 increased rate had been in effect throughout such period all as provided in Section 4.07 of the Loan Agreement, plus all penalties and interest paid or payable by Lender by reason of said Determination of Taxability. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or penalty, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 30 day month and 360 day year, but charged for the actual number of days principal is unpaid. 3. Principal and interest and premium due hereunder shall be payable at the princi— pal office of the Lender, or at such other place as the Lender may designate in writing. 4. This Note is issued by the City to provide funds for a Project, as defined in Section 474.02, Subdivision la, Minnesota Statutes, consisting of the construction of an automobile sales and service facility pursuant to a Loan Agreement of even date herewith between the City and Hess Kline (the "Borrower ") (the "Loan Agreement "), and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on (the "Resolution "). 5. This Note is secured by an Assignment of the Loan Agreement by the City to the Lender, a Mortgage and Assignment of Leases and Rents of even date herewith between the Borrower and Renee Kline, his wife, as mortgagor, and the Lender, as mortgagee, .(the "Mortgage "). The disbursement of the proceeds of this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewtih between the Lender, the City and the Borrower (the "Construction Loan Agreement "). 6. The Lender may extend the times of payments of interest and /or principal of .or any penalty or premium due on this Note, including the date of the Final Maturity Date, without notice to or consent of any party liable hereon and without releasing any such party. However, in no event may the Final Maturity Date be extended beyond thirty (30) years from the date hereof. 7. This Note may be prepaid in whole or in part on any monthly payment date without premium or penalty. The Lender shall apply any such prepayment first against the accrued interest on the Principal Balance and thereafter to the principal installments due hereunder in the inverse order of their maturity. 8. This Note is further subject to prepayment by the City, at any time, without a premium, in whole or in part, at the option of the Lender, upon the occurrence of certain events of damage, destruction or condemnation of the property secured by the Mortgage, as specified in Section 5.02 of the Loan Agreement and Section 3 -1 of the Resolution. 9. The monthly payments due under paragraph 1 hereof, shall continue to be due and payable in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of the City at the office of the City Clerk, by the Lender in person or by his agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or his duly author— ized agent. Upon such transfer the City Clerk will note the date of registration and the name and address of the new registered Lender in the registration form appearing - 13 - 2/19 below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 11. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Loan Agreement and the Construction Loan Agreement are hereby made a part of this Note.to the same extent and with the same force and effect as if they were fully set forth herein. 12. This Note and interest thereon and any penalty or premium due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement and the Mortgage and do not constitute a debt of the City within the meaning of any constitut- ional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for' such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforce- ment thereof. 13. It is agreed that time is of the essence of this Note. In the event of failure by the City to pay any monthly installment of principal or interest or any premium when due and such failure shall continue for a period of ten days after written notice to the City or if an Event of Default shall occur, as set forth in the Mortgage, the Construction Loan Agreement or the Loan Agreement, then the Lender shall have the right and option to declare, the Principal Balance and accrued interest thereon, immediately due and payable, but solely from sums made available under the Loan Agreement and Mortgage. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 14. The remedies of the Lender, as provided herein and in the Mortgage', the Loan Agreement and the Construction Loan Agreement are not exculusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be con - strued as a waiver or release,thereof. 15. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 16. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. - 14 - 2/19 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required T to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and City Clerk and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated , 19 CITY OF MAPLEWOOD, MINNESOTA /s/ John C. Greavu Mayor /s/ Lucille E. Aurelius City Clerk 18. Watermain Agreement: Hess Kline Datsun Approved the following agreement between Hess Kline, representing Datsun and the City CITY OF MAPLEWOOD Ramsey County, Minnesota CONTRACT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT, made this day of , 1981, between the City of Maplewood, Minnesota, acting by and through its Mayor and City Manager, herein called the "CITY" and Hess Kline, herein called the "DEVELOPER ". IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: (1) In consideration of the City approving the construction of the proposed Datsun garage located at 2590 Maplewood Drive in the City of Maplewood, the Developer shall provide an 8 inch watermain extending in the right of way of Maplewood Drive and in Duluth Street commencing at the connection of the watermain in Maplewood Drive and Gervais Avenue running northerly and easterly along and in the right of way of Maplewood Drive and Duluth Street permitting connection with the premises identified as 2590 Maplewood Drive. Said watermain shall be constructed in accordance wtih the specifi— cations of the City of Maplewood and as required by the Water Department of the City of St. Paul. All at developer's expense. (2) The Developer shall provide the City with plans and specifications for said improve- ment prepared by a registered professional engineer, subject to review and written approval by the City Engineer. Upon approval, said plans and specifications are hereby made a part of this Contract. No deviation from the approved plan and specifications will be permitted unless approved in writing by the City Engineer. No work shall commence on the project until written approval of the plans and specifications is obtained. — 15 — 2/19 Y (3) The Developer shall submit, for City approval, a written schedule indicating the progress schedule and order of completion of work covered by this contract. Upon approval, said schedule and completion date are hereby made a part of this contract. No deviation from this schedule shall be permitted unless approved in writing by the City. Deviations from such approved schedule shall be permitted only for causes beyong the reasonable control of the Developer. (4) The Developer shall furnish all engineering services for the project including but not limited to: (a) Preparation of compete plans and specifications by a Professional Engineer. (b) Construction supervision. (c) Construction staking and surveying. (d) On -site inspection during all construction operations. (e) Upon compeltion of the work, the Developer shall have his Engineer provide the City with a full set of as -built mylar reproducible plans for City records. Said as -built plans, approved by the City engineer, shall be submitted within 120 days of final project acceptance by the City. The City will not exercise direct supervision and inspection work during construction operations. The City Engineer or his representative will make periodic inspection of work and may require certain tests to be made, which in the judgment of the City Engineer are necessary to assure compliance wtih City standards and the plans and specif- ications. The City will work with the Developer's engineer as the official represen- tative of the Developer concerning engineering and construction matters. All reasonable costs incurred by the City for engineering, legal and administrative services associated with the project shall be reimbursed to the City by the Developer. City is to be included as an additional insured on liability policies of Developer's construction contractor. (5) The Developer agrees that the work shall be done and performed in a good and work - manlike manner; and all materials and work performed shall be in strict .conformity with the approved plans and specifications, and shall be subject to the inspection and approval of the City or a duly authorized engineer fo the City; and in case any material or work performed shall be rejected by the City, or City engineer, as such re material or nonconforming work shall be removed and replaced wtih material and work conforming to the approved plans and specifications at the sole cost and expense of the Developer. (6) Upon completion of all the work required, the City Engineer or his designated repre- sentative, a representative Of the cVntLacLUL , aiid a LepLeSelttctt'lVe UL the DeVeIVpeI engineer will make a final inspection of the work. Before final acceptance, the City Engineer shall be satisified that all work is satisfactorily compelted in accordance with said plansd and specifications; and the Developer's engineer shall submit a written statement attesting to same. (7) The Developer agrees that all payments to the City from the Developer called for under the terms of this contract shall be made within 30 days of billing. Interest will be charged at the rate of 1 -1/2 percent per month on the unpaid balance for a period following 30 days after billing. - 16 - 2/19 E -A APPOINTMENTS 1. H.R.A. Appointment a. Manager Evans stated Lorraine Fischer's term as a Housing and Redevelopment Authority Commissioner will expire in March. Mrs. Fischer has served the HRA since 1975. She has indicated a willingness to be reappointed to the five year term. b. Councilman Anderson moved to reappoint Lorraine Fischer to the five y ear term on the Housing and Redevelopment Authority Seconded by Councilperson Juker. Ayes - all. F. PUBLIC HEARINGS 1. Revenue Note: 135E and Roselawn Avenue - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the approval of an industrial development revenue note to construct a 105,000 square foot build - ing to be used as a small multi purpose space modules for office service use to be located on the Northwest corner of Avenue and Highway 35E. The Clerk stated the hearing notice was found to be in. order and noted the dates of publication. b.. Manager Evans presented the staff report. C. Commissioner Lorraine Fischer presented the following Planning Commission reports: "Commissioner Whitcomb moved that the Planning Commission recommend to the City Council preliminary approval of mortgage revenue note financing in the amount of $3.9 million, provided that: 1. An out -of -court settlement is reached which includes noise abatement require- ments; 2. Construction is begun within one year of preliminary approval, unless Council approved a renewal. Commissioner Sletten seconded. Commissioner Pellish moved an amendment to include the following findings: 1. Mortgage Revenue Note eligibility criteria would be met; 2. This program is discretionary and should not be given if not in the City's interest. Commissioner Fischer seconded. Ayes - 7 Nays - 1 (Commissioner Whitcomb) Voting on the motion as amended: Ayes - 7 Nays - 1 (Commissioner Barrett)11 d. Mr. William Reiling, representing the developers, spoke on behalf of the pro- posal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: - 18 - 2/19 Mr. Elden Brandt, 2000 Adolphus Street Mr., Joseph Hollenkamp, 1984 Adolphus,Street Mr. John Marich, 1962 Adolphus Street Mr, Raymond Willenbring, 1948 Adolphus Street Mr. Jerry Mannie, 1934 Mr. Thomas Miller, 112 Downs Ms. Nancy Elzy, 176 E. Skillman g. Mayor Greavu closed the public hearing. h. Councilman Nelson moved preliminary approval of the Industrial Revenue Develop- ment Note for the Maplewood Business Center Partners to construct an office- service- warehouse facility at the Northwest corner of Roselawn Avenue and Highway 35E subject to the following recommendations 1. An out -of -court settlement is ments; 20 Construction is begun within approved a renewal. reached which includes noise abatement require- one year of preliminary approval, unless Council Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Bastian and Nelson. . Nays - Councilperson Juker and Councilman Anderson. i. Councilman Nelson introduced the following resolution and moved its adoption 81 - 2 - 26 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE.STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of govern- mental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; 19 - 2/19 (c) The City Council of the City of Maplewood ( "the City ") has received from Maplewood Business Center Partners, a partnership organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Note" pursuant to the Act; .(d) The City desires to facilitiate the selective development of the community, retain and improve the tax base and help to provide the range of services and employ - ment opportunities required by the population; and the Project will assist the City in achieving those objectives.. The Project will help to increase assessed valuation of the City and surrounding area and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) Company is currently engaged in the business of commercial development. The Project to be financed by the Revenue Note is multi - purpose space modules for office /service use to be located in the City and leased to various tenants and con- sists of site development, and the construction of a building and will result in the employment of additional persons to work within the new facilities; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrow- ing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on January 22, 1981, a public hearing on the Project was held on February 19, 1981, after notice was published, and materials made available for public inspection at the office of the Maplewood City Clerk, all as required by Minnesota Statutes, Section 474.01, Sub- division 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the' City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of site development, construction of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Note in the total principal amount of approximately $3,900,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Note; and the City hereby undertakes preliminarily to issue its Rev- enue Note in accordance with such terms and conditions; 2. The Council hereby determines that the financing for the Project is intended to consist of the Revenue Note to be issued by the City to provide interim construct- ion financing, and a tax - exempt permanent loan to take out the Revenue Note. The 20 - 2/19 Council hereby preliminarily undertakes, to the extent permitted by law, to provide tax - exempt permanent financing in the form of a mortgage revenue note under such terms and conditions as the City customarily requires for such financing and subject to agreement as to details by the City, the Borrower and the permanent lender. 3,. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the pre- vention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effect- ively used, to promote more intensive development and use of land within and adjacent. to the City and eventually to increase the tax base of the community; 4. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Securities, and subject to final approval by this Council, Company, and the purchaser of the Revenue Note as to the ultimate details of the financing of the Project; 5. In accordance with Subdivision 7a of Section 474.01 Minnesota Stautes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities, requesting his approval, and other officers, employees and agents of the City are. hereby authorized to provide the Commissioner with such preliminary information as he may require; 6., Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to compeltion and whether or not approved by the Commissioner will be paid by Company; 7. Briggs and Morgan, Professional Association, acting as bond counsel, and is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the pur- chaser of the Revenue Note and as to the terms and provisions of the Revenue Note and as to the covenants and other provisions of the necessary documents, and to sub- mit such documents to the Council for final approval; 8. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability there- on. The holder of the Revenue Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Note or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Note shall recite in substance that the Revenue Note, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; - 21 - 2/19 f 9. In anticipation of the approval by the Commissioner of Securities and the issuance of the Revenue Note to finance all or a portion of the Project, and in order that completion of the Project will not,be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Note as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Note if and when delivered but otherwise without liability on the part of the City; 10. If construction of the Project is not started within one year from the date hereof, from and after February 19, 1981 this resolution shall have no force and effect and the preliminary approval herein granted is withdrawn. Adopted by the City Council of the City of Maplewood, Minnesota, this 19th day of February, 1981. /s/ John C. Greavu Mayor Attest: /s/ Lucille E Aurelius City Clerk Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Bastian and Nelson. Nays - Councilperson Juker and Councilman Anderson, 2. Safety Improvement: White Bear Avenue "T.H. 36" to "B" - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposed right of way acquisition for improvement to White Bear Avenue between Seventy five (75) feet south of Burke Avenue and TH 36. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Mr. Paul Kirkwald, Traffic and Planning Engineer for Ramsey County, explained the specifics of the proposal. C. Mayor Greavu called for proponents. None were heard. d. Mayro Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilman Anderson introduced the following resolution and moved its adoption: 81 - 2 - 27 WHEREAS, the County of Ramsey, Minnesota, has approved plans and is ready to commence right of way acquisition for the Improvement Project, Safety Improvement White Bear Avenue, T.H. 36 to 75 feet South of Burke Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: - 22 - 2/19 That the Council concurs with said plans 'and project and offers staff assis- tance. Seconded by Councilman Nelson. Ayes - all. G. AWARD OF BID None. H. UNFINISHED BUSINESS 1. Code Amendment: Residential Estate District - Second Reading. a. Manager Evans presented the staff report. b. Councilman Anderson introduced the following ordinance an d moved its adoption: ORDINANCE NO. 498 AN ORDINANCE AMENDING THE MUNICIPAL CODE TO INCLUDE SECTION 919 R -E RESIDENCE ESTATE DISTRICT THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Zoning Code of the City of Maplewood is amended to add Chapter 919, 919. R -E Residence Estate District 919.010. INTENT. To protect and enhance the character of single famil y neighborhoods, hborhoods where lots are generally larger than required in. R-1 (single dwelling) Re- sidence Districts. 919.020. PERMITTED USES. Any use permitted in a R - 1, Residence District (single dwelling). 919.030. ACCESSORY USES. Any accessory use permitted in an R -1, Residence District (single dwelling), except: I. Used car lots 2. The wrecking of automobiles or trucks including the sale of used cars 3. Mobile Home Parks 919.050. DISTRICT STANDARDS, 1. Minimum Lot Area. The minimum lot area shall be determined by the City Council at the time of rezoning, but shall be limited to 20,000, 30,000, or 40,000 square feet. The Council shall base their decision on the character of developed lots within an existing neighborhood or on the desired character of lots in an undeveloped area. Minimum lot area re- quirements shall be designated on the Zoning map in each R -E District's title, e.g. R -E (30), standing for a minimum lot area of 30,000 square feet. Once established, any request to change a district's minimum lot area requirement shall be processed as a request for rezoning. - 23 - 2/19 2. Minimum Lot Width at the Building Setback Line. tl R -E (20) - 100 feet R -E (30) 120 feet R -E (40) - 140 feet 3. Minimum Setbacks. As required for R -1, Residence District (single Dwelling), 4. Maximum Building Height. As required for R -1, Residence District (single dwelling). 5. Legally buildable lots before the rezoning to an R -E zone shall be con- sidered buildable after rezoning to an R -E zone. Section 2. This ordinance shall take effect and be in force after its passage and publication. Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen Anderson, Bastian and Nelson. Nays - Mayor Greavu. 2. Fire and Life Safety Codes: Second Reading a. Manager Evans presented ordinance changes for the Fire and Life Safety Codes. Second reading is recommended. b. Councilman Bastian introduced the following ordinance and moved its adoption ORDINANCE NO 499 AN ORDINANCE AMENDING CHAPTER 1703 OF THE MAPLEWOOD CODE RELATING TO FIRE PREVENTION CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1703.010 is hereby amended in its entirety to read as follows: 11 1703.010. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City of Maplewood for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, 1979 Edition and the whole thereof, published by International Conference of Building Officers, of which not less than three (3) copies have been received and now are filed in the office of the Clerk of the City and the, same are hereby adopted and incorporated as if fully set out at length herein, and from the date on which this ordinance takes effect, the provision thereof shall be controlling within the limits of the City of Maplewood." Section 2. This ordinance shall take effect and be in force from and after passage and publication. Seconded by Mayor Greavu. Ayes - all. C. Councilman Bastian introduced the following Ordinance and moved its adoption: - 24 - 2/19 ORDINANCE NO. 500 AN ORDINANCE AMENDING CHAPTER 1703 OF THE MAPLEWOOD CODE RELATING TO FIRE PREVENTION CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1703.011 is hereby amended in its entirety to read as follows: 11 1703.011. ADOPTION OF CHAPTER 101 OF NATIONAL FIRE PROTECTION ASSOCIATION CODE. There is hereby adopted by the City of Maplewood for the purpose of prescrib- ing regulations governing conditions hazardous to life and property from fire or explosion, Chapter 101 -80 of that certain code known as the Life Safety Code, pub- lished by the National Fire Protection Association, 1981 Edition and the whole there- of, of which not less than three (3) copies have been received and now are filed in the office of the Clerk of the City and the same are hereby adopted and incor- porated as if fully set out at length herein, and from the date on which this ord- inance takes effect, the provision thereof shall be controlling within the limits of the City of Maplewood." Section 2. This ordinance shall take effect and be in force from and after passage and publication. Seconded by Mayor Greavu. Ayes - all. I. VISITOR PRESENTATION Ms. Phyllis Schwartz, 649 Ferndale Avenue spoke regarding the Ramsey Watershed District- Battle Creek Assessments. She requested the City pay all or a portion of the residences assessments. She also requested information as to why the assessments vary. ` Council stated the City was not in a position to pay residence assessments and that the question of variations in assessments was referred to the Watershed District. J. NEW BUSINESS 1. Watermain Extension - Arcade Street at County Road B a. Manager Evans stated Mr. Voya Piletich has submitted a request to extend a Water- main on his property east of Arcade Street, near County Road "B ". The facility is intended to provide potable water for three residences and fire protection, for homes in the immediate area. The watermain would be constructed by Mr. Piletich under the terms of a developers agreement. The watermain is to be placed in a public easement which is intended to become a future street. Only the watermain is proposed at this time. However, exceptance of the easement will be a major step toward future development of the area with a cul -de -sac. It is apparent Mr. Piletich intends to develop the property in a urban manner over a period of time. The City has approved lot splits in this area consistent with Mr. Piletich's proposal. Approval of the watermain extension is recommended subject to the following conditions: 1. An easement for public purpose be granted to the City in accordance with the attached survey; — 25 — 2/19 2. A waiver of surface maintenance be submitted by those parties utilizing the e proposed easement for access; 3. Mr. Piletich enter into a Development Agreement for construction of the water - main within 6 months. b. Mayor Greavu moved to approve the water main extension from Arcade Street east as requested by Mr. Voya Piletich subject to the following conditions 1. An easement for public purpose be granted to the City in accordance with the attached survey; 2. A waiver of surface maintenance be submitted by those parties utilizing the proposed easement for access; 3. Mr. Piletich enter into a Development Agreement for construction of the water main within 6 months. Seconded by Councilman Anderson. Ayes - all. 2. Feasibility Study: Keller Parkway Sanitary Sewer a. Manager Evans presented the Feasibility Study for the proposed Keller Parkway sanitary sewer from Palm Court to Leola Road. . It is recommended that the City Council accept the report and schedule a public hearing for April 2, 1981 at 7:00 p.m., to consider the improvements. b. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 2 - 28 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the provision of sanitary sewer and appurtenant roadway work in Keller Parkway from 100 feet south of Palm Court to approximately 690 feet south; and WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: 1. The report of the City Engineer advising this Council that the proposed improve- ment of Keller Parkway from 100 feet south of, Palm Court to approximately 690 feet south by construction of sanitary sewer and appurtenant roadway work is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance wtih the reports and the 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 $29,900. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the 2nd day of April, 1981, at 7 :00 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF IMPROVEMENT TO WHOM IT MAY CONCERN: - 26 - 2/19 WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made; NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing on said improvement at the following time and palce within the said City; DATE TIME T nfnATTnNT. April 2, 1981 7:00 P.M. City Hall Council Chambers 1380 Frost Avenue St. Paul, Minnesota The general nature of the improvement is the construction of sanitary sewer and appurtenant roadway work in the following described area: IN KELLER PARKWAY FROM 100 FEET SOUTH OF PALM COURT APPROXIMATELY 690 FEET SOUTH THE TOTAL ESTIMATED COST OF SAID IMPROVEMENT IS $29,9000 It is proposed to assess every lot, peice or parcel of land benefited by said im- provement whether abutting thereon or not, based upon benefits received without regard to cash valuation. , Persons desiring to be heard wtih reference to the proposed improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 19th day of February, 1981, BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Councilman Nelson. Ayes - all. 3.. Joint Council /HRA Meeting Request a. Manager Evans stated at their meeting of February 10, 1981, the Housing and Redevelopment Authority (HRA) recommended that a joint meeting of the Council and HRA be scheduled for March. The purpose of the meeting would be to discuss the HRA's activities during 1980 and proposed activities for 1981. b. Councilman Bastian moved to establish a Joint Council /HRA meeting on March 19 1981 at 6:30 P.M. in the Council Chambers. Seconded by Councilman Anderson. Ayes - all. - 27 - 2/19 4. Terri Ellisen: Sewer Problem a. Ms. Terri Ellisen requested Council pay for cost of a sanitary sewer service connection - $525.00, for their new dwelling at 2683 Elm Street. Engineering plans showed that a service stub was constructed in 1968. When the Ellisen's con- tractor was going to hook the dwelling to sanitary sewer the stub was not found. The contractor did not notify the City at this time. b. Staff stated a refund check for the amount of the original service connection plus interest (174.37) was forwarded to the Ellisens. They returned the check and refused to accept that amount. It was also stated Council procedures had been follow- ed. C. Councilman Nelson moved to deny the request of the Ellisens for a refund of $525.00 and stated he felt the City's policy had been followed. Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilperson Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian. 5. Resignation of Bernard Grover from the Park and Recreation Advisory Board a. Manager Evans presented a letter of resignation from Bernard Grover from the Park and Recreation Commission effective immediately. b. Councilman Bastian moved to accept the resignation of Bernard Grover from the Parks and Recreation Commission and that a letter of appreciation for his services be forwarded. Seconded by Councilperson Juker. Ayes - all. 6. Final Plans: Brookview Drive Storm Sewer a. Manager Evans presented the final construction plans for the storm sewer improve- ments on Brookview Drive near Merit Chevrolet. The project was ordered after public hearings in July and August of 1980. The estimated construction cost for the improve- ments is $39,000. It is recommended that the City Council approve the Plans and Specifications and authorize advertisement for bids. b. Councilman Anderson the following resolution and moved its adoption: 81 - 2 - 29 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on August 21, 1980, plans and specifications for Brookview Drive Storm Sewer (Improvement Project 78 -20) 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: - 28 - 2/19 1. Such plans and specifications, a copy of which is 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 cuase 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 specifications. The adver- tisement shall be published two times, at least 21 days 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 the time and date selected by the Cilty Engineer, 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 and to tabulate the bids received. Seconded by Mayor Greavu. Ayes - all. 7. Final Plans: Southlawn Drive a. Manager Evans presented the final plans for the above referenced project. These improvements will provide City services to the Maple Knoll PUD. It is recommended that the City Council approve the plans and specifications and authorize advertisement.for bids. b. Councilman Anderson introduced the following resolution and moved its adoption 81 - 2 - 30 WHEREAS, pursuant to resolutoin passed by the City Council on July 3, 1980, plans and specifications for Southlawn Drive (Improvement Project 79 -15) 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 is 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 specifications. The-advertise- ment shall be published two times, at least 21 days 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 the time and date selected by the City Engineer, 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 andinstructed to receive, open and read aloud bids and to tabulate the bids received. — 29 — 2/19 Seconded by Councilman Bastian. Ayes — all. 8. Liquor Display License— Keller Lake Hall a. Manager Evans stated Mr. Warren Peterson, Keller Lake Halls, 2280 Maplewood Drive, has applied for a display liquor license for his catering business. b Councilman Bastian moved to approve the application of Mr. Warren Peterson, Keller Lake Halls, for a display license at 2280 Maplewood Drive. Seconded by Mayor Greavu. Ayes — all. 9. Carry Over of 1980 Appropriations a. Manager Evans presented the staff report. b. Councilperson Juker moved to authorize the reductions in the 1980 Budget and increases in the 1981 Budget for the carry over requests as recommended in the staff report Seconded by Councilman Bastian. Ayes — all. K. COUNCIL PRESENTATIONS 1. Letter to School Board a. Councilperson Juker commented on what a "great letter the Manager sent to the school board regarding any proposed school closings ". 2. Cable TV Board a. Councilman Bastian brought the Council up to date on the Cable TV Board meetings. The Board is considering hiring an attorney to advise them on legal matters and to hire a consultant which would act as advisor. The cost would be approximately $120,000 over the next three years to be paid by the cities involved. b. Councilperson Juker moved to appoint James Rohricht for the second member to represent the City onthe Cable TV Board. Seconded by Mayor Greavu. Ayes — all. 4. Storm Water Problem — St. Paul a. Manager Evans stated the Manager of the Suburban Cities affected by the St. Paul decision to meter storm water met to discuss what can be done. He will keep the Council up to date. L. ADMINISTRATIVE PRESENTATIONS 1. Vacum Sweeper a. Manager Evans presented the staff report. b. Councilperson Juker moved to authorize the purchase of a second hand vacum type street sweeper and Catch Basin Cleaner from the City of Fergus Falls in the amount - 30 - 2/19 F t Seconded by Mayor Greavu. Ayes - all. Councilman Bastian moved to suspend the Rules of Procedures to continue the agenda past the 10:30 P.M. deadline. Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmen Anderson, Bastian and Nelson. Nays - Councilperson Juker. K. COUNCIL PRESENTATIONS (continued) 3. Battle Creek a. City Attorney Don Lais informed the Council of the meeting held by the Watershed District concerning the Battle Creek Improvements. b. Councilman Anderson moved that a letter be forwarded to the Ramsey Watershed District requesting them to extend the time limit of the hear ing to 30 days to allow the City time to prepare data and request staff to prepare an analysis of the proposed improvements and assessments. Seconded by Councilperson Jug {er. Ayes - all. M. ADJOURNMEN i 10:55 P.M. City Clerk - 31 - 2/19 { i CITY MAPLEw00l3 A A C C 0 U N T S F A Y A 3 L t U UR U%` rKt,. F O U N T C L A I M A N T P P U R P 0 S E 005579 i i p M MINK STATE TREASURER O OEPOSITS — OEPUTY REGIST - - - — X N��ST — TM E_A_9 � �E E S F IT 00558 _ 2.00 N NN REC } PARKS A T TRAVEL + TRAINING 00558.2 E 1,79fl•75 M MINN NINN STAVE TREASURER EPOSI TS DEPUTY RE GIST 005 - 58� i 41- i i fi G iJ / � P A I NSL 00558 1 1,$ • 71 76 N NN STA TREASURER —PERA __.___,,_ C CONTRIB UTIONS, -. 'E -- 005586 3 3 9 745.66 M MN STATE TREASURER —PERA P P. E.R.A. CEO PAYABLE PER AND- C ONT RI BUTIO NS , 005587 7 7 MN STATE TREASURL -P=RA P P.E.R.A. DEO PAYA3LE AND — CONTRIBUTIONS, °ER 005588 6 609 00 W WARNING LITES CF MINN IN T TRAVEL } TRAINING II 05 589 8 _ - - -- N __ST AT - ` - TR E A SCI - - - ___ - AT E"__O /L F E =S P AY �3L 005590 800 Go R AMSEY CO CLE RK OF DIST C CNTY D/L FEES PAYABLE 005591 2 269.00 C COSMOS TRAVEL T TRAVEL f TRAINING 00559 _._ .. -.. 9 97 - 30 ..____------ H HINN__ STATE TREASURER.. - - _ —CE UT REG S 005593 8 838.15 C �yN GENE2AL L�Ft INS CO C CO TRI BUTIONS, INSU RAN( Anew CITY OF M MAPLEWOOD A A C C 0 U N T S P A Y A 9 L E D DATE 04- 02'-81 PAGE CHECK* A A M 0 U N T C C L A I M A N T P P U R P .0 S E ' 005601 1 145.5 3 M MINN STATE TREASURER S STATE D /L FEES PAPA! 1 NN+ AT E_TR E UR rtmR S SZ T fi= 0 ESP UT Y: 0 200.00 H HN STATE RETIREM S Y D D EFERRED COMP PA YA SL 005504 2 289.53 A AFSCME LOCAL 2725 U UINICN DUES PAYABLE ' A AND — F SH ARE FE 005605 1 18.00 M METRO SUDERVI SORY ASSOC U UNI CN DUES PAYABLE _.0.05 606_._._ - -_ 9, 379.50 C CITY CT Y_ ' CR., ED IT - UN10N - " - P'A) 0 05607 145.00 R ROSEMARY KANE W WAGE DEDUCTIONS PA Y � 005608 x+91.75 M MN TEAMSTERS LOCAL 320 U UN I CN OUES PAYAB,i. ' 005609 64.82 L LCNA RETIREMENT CORP _ ------------- . .. - - -_- D£ FE R£t3 COMP #MAYA 8 00561 1 162.50 H HILLCREST MID AMERICA W WAGE DEDUCTIONS PA YI 005611 16, 685.80 H HILLCREST MILD AMERICA F FE-0 INCCME TAX PAY A E CITY OF MAPLEWOOO A C C 0 U N T S P A Y A 8 L E DATE 04 -02 -81 PAGaE CHECK* A M 0 U N 7 C L A I 4 A N T P U R P O S E 005625. 1 MINN STATE TREASURER DEPOSITS -Cc. RcGI 0 A7_14; - DE FOSI TS _NITIf .- FlSCXL 005627 1,477.15 MINN STATE T REASURER DEPO <- OE;'UTY REG 005628 139. 0 0 MINN STATE TREASURER STATE D/L FEES PAY A A - -- - ___ - - 8 - - - -- - - 6 9, 231 2 8 - -- -- N C C E S S A R Y -__ _ E'" EN D I T UR E S _._ S. I N C E -_ _.. L AST C O U NC TL: M£ ET I 9G CITY OF - MAPLEWOOD CHECK* A M 0 U N T 009 583 73 0 50 009 584 29. 009585 -- _.,__.__ _ 205.00 009586 69.87 0 09 587 117050 _ 1,9 +4068 009589 15+0 85 a09590 8020 009591 412-0 0 09592 716.04 009593 20 0 52 009594 525* 00 009595 79900 009596 39 0 X45 A C C 0 U N T S P A Y A 3 L E OATS 04 - 0 2 - 81 PAGE C L A I M A N T P U R P O S E ACE HARDW SUPPLI • 0 FFI CE AND - MAINTENANCE MATER] AMERICAN HEART ASSOC BOOKS + PERIOOICAL S AMERICAN PUBLIC SUPSCRIPTIONS +;lEMnERS# AMERICAN TOOL SUPPLY CO SMALL TCOLS AQUAZYME MIJW ST FEES1 SERVICE PORTABLE TOILET ARNALS AUTO SERVICE REEP 0 + MAINT 0, vEH ICL ARNALS AUTO SERVICE REP + IvAINT• EQUIPM _ AN O -REP . } MA ll ` „ V* ARTS TOWING REP* + NAINT•, VEH ICL LUCI LLE. A UREL IUS POST AGE- ANO- TRAVEL + } RAIiN I NG ANCmS_UFPLlES, JAN'L T OR AN0- RRIS0NERR CARE Ir 7 AN0- SUFPLA. VEHI CI.i ANN- SUPPLIES, OFFI C .ANO-SUPFLI£S PROGRA AN SU PPLI ES, EQ I PM ANO -FEES, SERVICE- SLIDE PROCESSING 3E'_- R(; INC SUPPLI ES, VEHICLE 30ARD OF WATER COMM UTILITIES EGARG CE WATER COMM UT ILIT IES aREOEMUS HARO NA2_ MA I NTENANC t�ATERi AL CHIPPEWA SPRI NGS CO FEES, SERVICE WATER COOLER CITY OF MAPLE WOOD A C C 0 U 4 T S P A Y A B L E DATE 04 -02- 81 PAGE C HECK* A M O U N T C L A I M A N T P U R P .0 S E 009597 18080 .AIM CHRISTY PONTIAC REP. # FAINT., VEHICL _.. Q9 g _A TR- AININ.G _ i: - R - Y - CU 009599 ___------ - -.- -. - -- 7.11 -- -- - - - - -- -- - -. -- CUST L A BORA TORIES I F EES, SERVICE �. - SLIDE DUPLICATES 009600 143000 DELANGES GRASS CUTTING A/R MISCELLANE GRAS CUTTING - -- -z u 9 60 i 4 8 0 0 T� 0 I C A P 1 CN t CO �'P ^- -- ♦ ._ 009602 8.36 FLAGHOUSE INC SUPPLIES, PROGRAM 009603 20.00 STEVEN GAUSTER UNIFORMS + CLOWNING _ - - - -- 0D960A . __ _._ 1,225.21 - - ___ CL'AD STONE_:UHEER - -- MART— _ -_- ___-- ._:. - - -_- MAINTENANCE MATERIA AND - BU ILDING I MPRO VEM 009605 - 171.36 "GOODYEAR SERVICE STORE _..- __.__..__._.... - -._.._ - - -- REP MAINT., 'VEHICL - AND SUPPLIES, VEHICLE - - - -- 0 09 b 0 6- _ -- - 6 9. 0 0 D U A N E G RA CE F ES E . .S V ICE BUILDING INSPECTION 009607 37.70 w W GRAINGER INC SUPPLIES, JAN... AL 009 608 10.X00 CITY OF GRESHAt BOOKS # PERIODICALS ---_ - 009609 - - . - - _ 2 10 - . - .._ GRIFFIS 0XYGEti _...._ - _... _ . REP* + VAINT., EOUIPM 009610 140.40 HAMMERNICK DECORATING CO SIGNS + SIGNALS' 009611 26.68 STEPHEN HEINZ TRAVEL, + TRAINING 009612 _ . 8.00 HILLCREST GLASS * C0 _- REP. + NAINT., VEHICL 009613 29.49 HLOSON MAP CO BOOKS + PERIOOICALS 009614 26.43 INDUSTRIAL SU FFLY CO INC SUPPLIES, JANITORRI AL -- 009615 1 , 349.57 !NTE.RSTAT E DETRO'I'T _..__ _ _ REP* + MAINT., VEHICL 00961E 35 3, 00 �NzL ASSOC bF FIRE CHIEF SUBSCRIPTIONS +4rE EIS 009617 160.00 INTL INST - MUNIC CLERKS TRAVEL + TRAINING 0 09618 4, 2 L 0. 00 ITASCA EQUIPMENT CD -_.._._. ---- -_____ _ `OU jPMENTIt CI TY OF MAPLEWOOO +( 4:1 s A C C 0 U N T S P A Y A 9 L E DATE 04 02 -81 GAGE C HE CKS �i A M O U N T C L A I M A N T P U R P 0 S E 009619 360.00 J ♦ J TROPHYS SPORTS MISC COMMODITIES P LACQUES - i IT __KENN: = b I X C V H I CL 009621 101.27 KNOX LUMBER CO MPANY SUPPLIES, JANITOMI AL AN O-.: MAINTENANCE M A T E P I 009622 2 00 00 GERALO KREY UN IFC + C LOTHI N G 009623 32.50 RICHARD LONG SUPPLIES, PROGRAM MACD ONA . - D UNIF �_. CLOTHING-..--- - 009625 75.37 MANDO PHOTO FEES, SERVICE 009626 55 2. 02 MAPLEWOOO PLSG + HTG INC REP. + MAINT., BLO G +Gfi _ 1) 0 9 62 7 - .. - ...- - - - -__ _._.._. - - -- 3 0 0 - 8 0 -_. _ - - MA PL E W OOO REVIEW _ __.._ _ _._..._..----------- -- - - -- . _...__---- . - - - -- PU 9L IS H I N G 0 09628 17.15 MARG CLI S L EAT � t CO I tiC SU PPl.t ES, PROGRAM 009629 23.50 MERIT CHEVROLET CO SUPPLIES, VEHICLE 009630 6E METRC WASTE CONTROL COMM _.---- _..______ -. SEWAGE TREATMENT 009631 32.50 DANIEL METTLER SUPPLIES, PROGRAM 009632 45.5 3 MPLS STAR + TRI3UNE CO PUBLISHING - -- - 009633 - - - - _... - -- - 7 MN ASSOC OF CIV OEF OIR _ -- SUBSCRIPT +MEMBIERS, 009634 2, 020.00 WINFIELD A MITCHELL FE. ES, SERVICE A N O -LEGAL + FISCAL ------ ' - * --- APPRAISAL SERVICE 009635 75.34 NORT STATES PO 6ER CO UTILITIES 009636 270.40 NORTHWEST ERN EELL TEL CO TELEPHONE _..__ 009637 _.. -- - - 97. 90 .. _..__. NO QEf.: -- TEL - -. -- 009638 14.75 LAVERNE NUTESCN TRAVEL ♦ TRAINING 009639 8.05 PAKO FILM SERVICE . SUPPLIES, PROGRAM CITY OF MAPLEWOOD A C C 0 U N T S P A Y A B L E DATE 04 -02 -8 1 PAGc - CHECK* A M 0 U N T C L A I M A N T P U R P O S t 1 009649 3.91 DENNIS PE CK TRAVEL + TRAINING 09641_- - __ -1- 200 Qty 'POSTMA -STL K _ �G _ . 069642 37900 POWER GROUP TRUST c SU #� P L I E S , E fl U I P M � N T 009643 9.75 JOSEPH PRETTNER TRAiiEI. +TRAINING - - -- fl 0 9 6 4 4 -�. __ -- -- -� .; . 0 4 8: 9 2'-'--- - - - - --R A N EY._ C0 'U N T Y_ T R t A - SU R ER _A W A R _0 E U G C f4 S� -- - T� CONT 009645 843.26 RAMSEY COUNTY TREASURER FEES SERU 009646 5f�.53 RAMSEY COUNTY TREASUP.E�` "COMPUTER PRINTOUT—— FEES., SERVICE. 009647 2d. 00 .- - FED COMPUTER PRINTOUT ANO- REP. + M.AI NT. t V 00964 _ 141.05. _ RICE STREET CAM WASH -__ - ___---- - - - - -- -_.. REP. + 1PAINT. E r V � I ,. 009649 51.21 R ICHARCS MARKET U PP S LIES, PROGRAM - -- AN C-- SUPPL I ES .._ VENT Ct 009650 .157.64 ROAD RESCUE INC r�EP. + NAINT. YES IC 009651 12.20 RYCO SUPPLY CC SUPP 11 LI �S, JAN�TORI AL 0 09652 - --- -- -- 278.79 5 . _ . T _ PRODUCTS St3P.I £S, 'OFFICE _ AND - SUPPLIES, £flU! aM 009653 - -- 525060 T A SCHIFSKY + SONS. INC M - I T� NANCE A TERj AL 009654 4.45 SCIENCE. MUSEUM OF MI NN SUPPLIES, PROGRAM 009655 7.50 SELBY OnNAMENTAL IRON UPP S LI .-S, PROGRA _.. 0 09656 _ . _ - - -- - 11$.75 SID HARVEYS'-- . - - - -- - _. ______ .._-- -__... _ .. _. __- - - - -- -. SUPPLIES,.. OFFICE* ------- ' --- AN 0-m SU PPLIES EOUI PM -- 09 65 ' - - -. _._ 135000 ST CLOUD STATE UNIT - ._._._._.._...__.._.... - TPAVEL +- TRAINI - - -- 009653 422.70 CITY OF ST PAUL REP. + PAINT. EOU I ANDm + MAINT. , R i k CITY OF MAPLEWO00 CHECK* A M O U N T 009659 36.0 0 0 0 9 66 :. - .__. _ ._ 65.0 G 0 09661 29.75 0 172.46 009663 346.82 009664 1.0 Z 009565 41.25 039666 7 6.5 0 0 09 667 3 3.20 00966f :. 237.1.9 009669. 26.04 009670 19354903 009671 300.0^0 009672 274.95 009673 38.80 009674 3 019675 18E.63 _ 009676 46.23 _. OC9677 3 009671 153936 00967c 225.00 ST PAUL - .t SUBUREAN 8US -- _-.___ 36000 A C C 0 U 1%4 T A Y A B i. E DATE 04 -02 —$t PAGE C :. A 1 M A N T P U R P 0 S£ ST PAUL 3ISPATCH PUBLISHING ST PAUL - .t SUBUREAN 8US -- _-.___ FEES, SERVICE _. ST PAUL TELEVISION '- GAL GETAWAY SUPPLIES, VEHICLE STO SPRING + ALIGNMENT SUPPLIES, VEHICLE AND —REP. + MAINT., V1 G M S T£ RT L UM3EK CO MA INTENANCE' MATERI SUPERAMERICA FUEL + OIL TABULATING SEFV BUREAU FEES, SERVICE DATA PROCESSING TABULATING SEXR V BUREAU FEES, SERVICE DATA PROCESSIr�TG NAPRY EVLIN UNIFORMS + CLOTHIN Tic IA RCO ARTS + CRAFTS SU PPLI E S, P M TRUCK UTILITIE + MFG CO MAINTENANCE MATERTI ALA UNIFCRMS UNLI PITEi; UNIFORMS # CLOTHING yAi. BODY SNJF RE.P. + PAINT *, VEHICL VIDEO MIJ WE_3 ' INC SUFPLI`S OFFICE VIRTUE PRINTING CO SUPPLIES, OFFICE VULCAN SIGNS + STAMPINGS SIGNS + SIGNALS W � V SIGN + �UFPL Y SIGNS + S� GNAL� WARNERS TRU VALUL H0 WFE Ma j 1�TE NANCE - MATErRT AL c ANO— SUPPLIES, ,RANI TOR WESTINGHOU #ELECTRIC SUFPLI£S, JANI.TCRI AL WHI"TE +FEA i OFFICE PROF SUPPLIES, OFFI CE XEROX CORPORATION DUPLICATING COSTS NANCY ANOERSE' N WA GES, P/ T + TEMP* , C. TY G ;Ew f MAPL OO D A C C 0 U N T S P A Y A 9 L E D ATE 04 P AGE CHECK A M 0 U N T C L A I M A N T P U R P O S E 009681 - 11.00 GLEN ANDERSON WAGES, P /T + TEMP. 0 0 9 b 8 2 - _. , 4 5 �__ _.._ - - CZ I F F 0 R D -- CyA V A -L _I E R �" -- - - -- -- _._._ WAGES _ P/ T fl 090 83 4; 27 * 00 CHARLENE N DI EOE waGES, PIT + TEMP. 0 09 684 : 36. 00 G£RAL0 DI EHL WAGES, P/T + TEMP. - - - -- 009685 18.0 0 -- 0 O N 1C H U N T E _ .. __ . _ . ___ . ___ AGES9 P/T TEMP' 009 686 .; 7.00 JOEL JOHNSON WAG" S, P/T + T EMP. 309687 :; 5.20 MauREEry KELLY SUPPLIES, PROGRAM! 00968 .; x.42 KARLA OLSEN_ WAGES, P/T + TEMP. 009E89 •�•08ERTA -, 162.00 oLSt7N WA G£S, 'P/T + T ire P. 009690 .; 7000 KENNETH L RONS9ERG WAGES, P/T + TEMPO 009691 .. 54. C0 THOMAS ,ROSS WAGES9 P/T + TEMP* 009692 :� 1030 X30 JESSICA RYW N WA G£S, ¢/T + TEMP* 009693 �; 41.40 DA WAL OEN WAGES, P/T + TEMP. 009694 r; _ 64 00 1 CARLTON ROC- FEES, SE?VICE GAL - GETAWAY 009695 :; 15* 00 GAR JOHNSON R £. F U N C i 00969£ .. 2,0.00 KATHLEEN SCHNEIG'ER R E F U N D I 0 C9 697 193.0 0 ROBERT TO MH AV E R E F U N O 009696 9 .00 MANAGEMENT £AnNING LA?R SU9SCRIPTIONS +M M1 =?S 039699 :; 3 5.00 K EVIN R R E F U N D 009700 234 WORLD TRA AGENCY TP AVEL + TRAINING 118 138 , 814.9x4 CHECKS WRITTEN TOTAL OF 166 CHECKS TO TA:. 208, 046.22 Ift "* Indicates items financed by recreation fees IT °Y GP MoAPLEWOOO PAYROLL CE RTI FiCAT ION REPORT REGISTER PAGE 1 CHECK DATE 0 3 -27 -81 C iECK NA4E GROSS PAY NET PAY J1125 3 1120" ANOcR 8ASTIAN IN LR MAN GH;ZY G W 275900 275.00 238.3 245.24 J1127 GRE AVU JOHN C 35'0* 00 250.71 - -- 31123 J 1 129 JUKEK ti'LSJN FRANCES EARL L L 27.7"'900 27 5. G0 226974 249010 J1130 EVAN 3ARRY R 1,620 *44 903.55 1131 )1132 -w�`' �.. iJ FiWST VIVMN 3ANIE6. K F b6�1.00 1,289.78 • 437 5 819.70 - 51133 HAG N ARLIN�. J 792.44 338.21 i 113r j 1132 - MhHO Y MAT H c. Y S JAMES ALANA M K w.00 575911 72* 14 45 7.56 1136 V 1G0 R�:N OELURr;S A 6#90922 332.63 1 11 113 NU�_LIU� to r LUCILLE PHY LLIS C 1 ,20 6 0 6 t;7 624967 450.3 J1139 Sk.HA0T JEANNE L 254.40 205.33 J 114 0 J 1141 S L. V G U il B� f T Y L N.: u j 616.0 0 492. 39 0.12 331.08 1 1142 K;.EIt�i JNMcS G 15 5.13 134948 .i 1144 � IL T - RRANI;� C 15 9.38 146. J11.5 ArNOLu JAV L 1 019.11 331.61 - - - - X14 o A U � i� N 1 1147 B 'AST YK J jHN U =BORAH A 65 447.11 597 * 8 198.51 1148 CAHANES ANTHONY G 1 ,022.67 438.09 - 3 L K. L. K 65 Z • U U 42934 t -. .. .`. l,'° �? y' �'! ►"�.Of.�!eR'['fQ„7'YVrsa.;"V�+• .�. -�+t.a . - !..x-` .. :� w.q ....� _:Yr.. �.rt ,� s ",• . � ... .. ,.. .. ..._ - _ _ _ a iTY OF MAP,..L WOOL) P AYROLL RE POrtT PAGE 2 C� RT I Fi CAT I ON REGI STLR CHLCK DATE — E 03 27 81 C E NAy` GROSS PAY Y NAT PAY 01.150 COLLINS KENNE H �, t� s .11 1 _ j 1 1.51 GtLMUNT JtNNIS J 1 i8 T s •56 48.90 31152 0R G cK RICHARD C 1 Q � 4 5.2 9 588904 -- J1153 FLiyOW RAYMOND t 852000 30 5.27 _ Ft.AUGHEK JAYM L 580'.22 379 �1155 _ _- FULL:. JAILS U 430.22 r 302.5 � 115 6 K t c .V ►� � M A N A L1 57 HAGEN T HJMAa L 1,26i,T8 -- 215.15 11158 HAL WAG KEV TN K 885.18 372.10 - 15 L I N L H t -- __ ----_ H 3L T 11 H ALL 1 85 2. 0 0 4d 7. i llcii JA�IUITH JANILL 524, 5 357994 - - 11 Ku TUS D UAALJ y - �1�o.5b 143.9 -.. 1163 `H'vG r2I0HARU _ J Jd .. y .78 480080 1164 M(I TY JOHN J 1 , 0+0.00 16 x3.21 11 a 5 M L:: R. 4 , J K J AM Ls - t36. 4y — - - -- - - - - -- -------------- ..___ - __- -- 439.07 - 116 M�.TT u�yIEL 3 474.22 568 '' .25 �ilo7 MO�SCtiT`R RICHAKG M 685018 �' �2 5.01 M J � c L - Ay M WWI) J --- 3 -1- --- y : -- 4 � MU,. wL� _ GLJ Gr. W 523 li 331992 1173 NELSON KAREN A 523911 32 N SO j 'BERT u - - -- - ___ - - -- - __- __ -_ - - -_ 1172 OMATH Jv Y E 4 31 8. 8 7 �117 3 P LTt�.R WIILIAM F 1 , 00 1* 7 8 - � - �53.8b H A L L R R IC H A K 0 w - - - - - - -- -- -- __ - - - ---- - - -- -- TY OF HA? PAGt 3 RE POO PAY Rui.L .EwJOO cT I FI CA T i ON REGI ST t'R CH ECK DATE 0 3 -27 -8 O i tC NAlt GROSS PAY WET PAY 3 1115 S KA i.MAN O JiVALt7 w 6 50 2 9.06 31176 S TAF;4t GO Y L 66 8.59 532920 3 1177 S TI LL V ER NON T 83 0. 44 493.39 1176 552.93 STJCKTON OARRELL Y 836.4 ! 1114 SV._N0Sc J 004 N N E M 6 01.22 382. 62 1180 TUCHNr. MICHt c H 523.11 242.35 11 1 I S SJANr J - 3l�3011 _._. 4 5 0 17 _ .i 1 1d2 ZMPP0 JJ3LPH A 1 1042. 055.69 1163 6�.CKL ttON 909.1 =t 213.34 1184 CJSICK j i IN N j 5 i , 322.5b 810.13 x.10 %CA 0 4 V 1D A M 8 78 .�0 '5. 11d� L mOGtR w 90 5.33 498.17 31107 AN Eit JJ��1 K 661.78 6.51 1168 tv �i. JV�4 0L M 93 7 7. 18 .i 11cs9 KAZSKAZJFF DALE :. 97.2* 73 1 �119D �c.�O CA��CL L 414.22 2159 78 f 1191 CYAN M I:.HAcL F 91 -+067 * 24* 71 1142 VJ) r ,K � - 3RT t 88�.7t� 76.11 - J 11� Y �� wvr,ct� 7`4.22 '52�t. 08 -.. _ 119.+ LM3. T' JAM`S M 78J. d9 520077 l ly5 S tl;riAJT A LFREJ C 604.00 ily� CUBE Y J i+b.22 11 1. E 3114 Uu'H QTY KAT hL M 2 15.2. 0 169.58 31198 c�IAS ,J Am S G 675. i1 4d 7.51 H - kID�R .C_'�N cTM G 1 ,165.33 159.4 ...TY GF y� .. :. etLUiJ PHY _' Ji L R PURT PA G, w 1 - u TiFii. AT 1 ON R GI S T £R H ECK UAT� _ 03- '# �I Co'K N I G QSS PAY NE PAY 1120 J iN c,M c T Z M aK Y a .490022 J1201 P JLNNIS L X75.11 477.66 1202 Wc.GW T JUJITM H 221.20 173s 71 12u 3 M.3UN K t. 3 L R T F 77 0.22 475935 12u4 Gz,A SJLtr` w44LTLR i''I 6bo.25 533.27 1205 Cii">::)tLt j PAM L S T 764.4 + 49 79 b6 J 12UL) +�Y,.1 "i N 1207 .LIAM C 1 , 51 4 . 87 .i 12th 3 Fes.: �2KG SON L;J L 76,39 20 46 1.70 L Y R JNA LU ,l _._. ___9999 _- r� �3. 20 - - - - -- - - -- - -- .- - - 461. 73 1210 K N :. �� ♦�N� K 770. :41.59 .i 1211 K u' IN F 765. 40 447.06 1 121.2 11 Y �-� - G c � �.0 w - - - 77 8. E ,j 1213 F T T Jvl*.3cPH ti 1 ,001.2U c65 97w J 1214 T 76 3.20 48 1. TO 1215 i cUci,�,J �� .Y J 7b - .70 53 b . 03 J 1 21. E L rlc 5E:4.69 67 3. 21 X1217 ?�J + 9 2.22 549.11 1213 N 4 tam 1 56 22 1219 K J M 11 L _J..RBAR ++ 313o uU 11b.27 122 0 G jc G v3cRT J 1 9216069 75 0. 25 vY v 292.139 - 22 59 4 i 1222 cut K` �9YL S 763. 20 39 . 1223 G;. iJIV:D A 7t 3.20 474956 3122+ Gu3l:vjh vIN J 1,035.:3 - 56 0. d9 T Y OF 1AP6r. OO PAYRO' L RT F LA f ION k- PORT RcGI S%ti PA GE 5 "HECK OAT 03-w27,w8I t CK N A4z 1 2+ 2 L j GROSS PAY NET PAY 225 H Y Im, OL A N 0 6 763*20 469*34 J 1226 J JH N %S N G AM Y p 63*90 43 .90 31227 MARUSKA M ARK A 7 0 0 * 8 0 &+4 1.26 11226 S ANT A L 763.20 41 3. 1 2 2 9 H A U- T AMY L 27900 24*86 X12 u %S U'-'H M I"" J- T J OH N M ACO* 0 0 N A'LD .54*00 51*83 31Z 1 6 1%-j N L L d A-'8 AR A 1 2 98. E 2 ~ 220*69 1232 G mi zi W J A NE T M- 547.11 J 1 3 H Oi� S N LL i U) I T H Richard Geor 1 2 3 4 T S 1 N L 5 6 3 4 i 3 - -- . 1 2 3 H 3ECK JU3 Y 61 b 0 0 8 .13 12 3 i� K.'3 T R' A N L) THJMAS G 707*26 433.37 2 3 7 J Co I N 4' C; N P� Ali DA L L L 727.72 - 70 s52 470 1233 MA' K L J1L 0 L:"30 0 N 1240 G S T ; 4 "'. C Y 22 4 .52 Aii 22 F FR 0 w l� ^� 1 '9 010. 67 M Ail j OR 8 4 0 b63#62 627*95 2 1 W i, I mat, G n J3cR J l3 8. 4 7 :5 72 1 2+ 2 L j JAVIU 8 77 7.60 pis 9.35 1243 G A us Z- T:. V t�N 10 1`3 42 - - 12 4 4 K m t '. Y A L L) J 3 8 0 23 5* 44 iZ45 N'0'4 1) C #"A U - W AR, 0 777o6O 516*96 - - 40 N UT Em. S U' N lam AV j NE v 0 20 -1; 12 47 C) Wftm N J LR A L 0 C 77 7.00 50 5 - 1 1 2 &+6 M ACO* 0 0 N A'LD J OH N 134 E0 530932 i i 4 O M U6 V Y J LA N I Ib i * ---4 .3 6 0 01123 Richard Geor J 763. 455-57.---- 01124 Richard Geor 1238,10 821.48 ITY OF UPt.t WOOD PAYROLL. REPORT PAGE b CEKTI F I CA T ION REGI STER CHECK CATE UmVw81 G i ECK NAME GROSS PAY NET PAY CK Rr 1.4 "ISTER TOTALS 92 11 Q26 _ .37 49,587.77 MEMORANDUM TO City Manager FROM: Finance Director and Public Works Director L RE Settlement of Claim Against RoGene, Inc. DATE: March 23, 1981 PROPOSAL It is proposed that the City Attorney's recommended settlement with RoGene, Inc. be approved and a transfer of $2,063.42 from the General Fund be authorized to finance the remaining project costs. BACKGROUND Early in 1978 a developers agreement was executed for the construction of improvements in the Ridgewind Addition. Prior to the completion of the project, the developers letter of credit expired and was not re- newed. Consequently, when the developer expressed dissatisfaction with the engineering costs charged to the project, the City lacked a method of collecting these charges from the developer except for legal action. On October 22, 1979 the unpaid bills were referred to the City Attorney for legal action to force payment under the provisions of the developers agreement. In October, 1980 the City Attorney filed in court a Summons and Complaint for $11,302.42 in project costs and $5,000.00 for future legal costs to collect the unpaid bills. The following is a breakdown of the project costs incurred to date: $ 3 Construction contracts 3,560.50 Outside engineering 79.25 Other construction costs In -house engineering and administration: 1,845.00 1978 costs 432.00 1979 costs 1,799.59 Interest expense thru 8 -31 -80 11 Sub -total 378.50 Interest expense from 8 -31 -80 to date 382.50 Legal costs $ 12,0163.42 Total project costs O n March 5 1981 the Ci Attorn received a check fo r� � y y r $10,000 which represents his negotiated settlement of the City's claim. RECOMMENDATION It is recommended that the proposed $10,000 settlement with RoGene, Inc. be accepted and a transfer of $2,063.42 from the General Fund be authorized to finance the remaining project costs. i. i MEMORANDUM TO: City Manager FROM: Director of Public Works DATE: March 26, 1981 SUBJECT: SET PUBLIC HEARING FOR BIKE LANES Attached are two letters from Ramsey County requesting the City to hold a public hearing for the installation of bike lanes in Maplewood. They are located along Prosperity Avenue and County Road "B" as shown on the map. No City funding or contribution is anticipated for the construction. It is recommended that the City Council schedule a public hearing for Bike Lane Construction on May 7, 1981, at 7:00 p.m. attach. KGH /mn AVE AVE kip A sc vt ►, i� Z L AYE DC 00 VK >< t K ' • ' ' t. t.! o ft dL ir awl L7 spi h 1 ! S P RAMSEY COUNTY BIKE LANE PROSPERITY STREET — COUNTY ROAD 8 Scale • I = 1600 Dote: 3/26/81 r F March 10, 1981 Ramsey County DEPARTMENT OF PUBLIC WORKS 3377 North mice Street Saint Paul, Minnesota 55112 (612) 484 -9104 Divisions of: Engineering Maintenance Mobile Equipment Environmental Services Mr. William Bi ttner Director of Public Works City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 County Road B - Prosperity Road to "forth Saint Paul Road Bike Lanes S.A.P. 62- 625 -08 Accompanying are two sets of plans and cost estimates for this project. Funding will be 75/ of the bike lane widening costs from a Mn /DOT grant and the remaining 25% of the bike lane widening costs from our County State Aid Highway funds. These funding sources require that the project be approved by the City and that a public hearing be held within the City on the use of these funds. Please schedule this project for a hearing at your earliest convenience. After City approval, we w i l l require Mn /DOT and County approval prior to advertisement for bids. We hope to award a contract for the con- struction in 1981. If you have any comments or suggested revisions to the plan, we can incorporate them prior to the public hearing. We do not anticipate that there will be any City funds associated with the project and, therefor no cooperative agreeme ill be required. i Wayn Leona d, P.E. Coordinating Engineer WRL /clm Enclosures March 10, 1981 Ramsey County DEPARTMENT OF PUBLIC WORKS 3377 North Rice Street Saint Paul, Minnesota 55112 (612) 484 -9104 Mr. William Bittner. Director of Public Works City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 Prosperity Road - Larpenteur Avenue to County Road B Bike Lanes S.A.P. 62- 664 -03 Divisions of: Engineering Maintenance Mobile Equipment Environmental Services Accompanying are two sets of plans and cost estimates for this project. Funding will be 75% of the bike lane widening costs from a Mn /DOT grant and the remaining 25% of the bike lane widening costs from our County State Aid Highway funds. These funding sources require that the project be approved by the City and that a public hearina be held within the City on the use of these funds. Ir Please schedule this project for a hearing at your earliest convenience. After City approval, we will require Mn /DOT and County approval prior to advertisement for bids. We hope to award a contract for the con- struction in 1981. If you have any comments or suggested revisions to the plan, we can incorporate them prior to the public hearing. We do not anticipate that there will be any City funds associated with the project and, therefore, no cooperat' e agreeme will be required. Wayne R. Leonard, P.E. Coordinating Engineer WRL /clm Enclosures MEMORANDUM TO: City Manager FROM: Public Works Coordinator DATE: March 26, 1981 SUBJECT: TEMPORARY POSITION - FORESTRY TECHNICIAN The current Council resolution setting pay rate ranges for the various temporary and parttime positions does not include a pay scale.for Forestry Technician. I request that the pay scale for the above noted position be established at $7.00 per hour. Due to the reduced incidence of shade tree diseases in our community, it is anticipated that only one temporary person will be required for this growing season. WC /man �.t�' .yam �,. •.i. 1. _ � �' s .f ME MORANDUM TO: City Manager FROM: Public Works Administrative Assistant DATE: March 17 1981 SUBJECT: HUMAN RELATIONS COMMISSION APPOINTMENT On Tuesday, March 3 1981, the Maplewood Human Relations Commission voted to recommend the appointment to the Com- mission of Scott William Rostron, Mr. Rostron, a paraplegic, is confined to a wheelchair. Because of this condition, the members of the .Commission request a waiver of the requirement that potential new members be present at the City Council Meeting when their appointment is being con- sidered. attachment: Application for membership RF W APPLICATION FOR ME14BERSHIP MAPLEWOOD HUMAN RELATIONS COMMISSION In submitting this application for membership to the Maplewood Human Relations Commission, I hereby state my commitment:, to Human Relations and, further, dedicate my time and capabilities to fulfill this goal.. rignature of Applicant Applicant: Please return this application to: Secretary, Maplewood Human Relations Commission, 1380 Frost Ave., Maplewood, Minnesota 55109. This application will be reviewed by the M. H . R. C . and recommendations for membership forwarded to the Maplewood Village Council for final approval. NAME Scott W . Ro s t ron DATE Asa - ch 11, 1981 ADDRESS 1 ,211 E. Skillman Avenue AGE (if less than 18 ) Maplewood, Minnesota 55109 TEL. 61/484 -4984 EDUCATION Please see attached PRESENT OCCUPATION & EMPLOYER Title V Administrator for the Division of Vocational Rehabilitation, State of Minnesota COMMUNITY ACTIVITIES AND ORGANIZATIONAL MEMBERSHIPS: Please see attachedL "Why I would like to be a member of the M.H.R.C." _ been invQlved with human rights -civil rights issues for a number of years on the state and national level. I have learned a great deal about Federal, State lags and regulations regarding Affirmative Action and Nondiscrimination. As I become more and more aware of the dynamics of human and civil rights issues I've become aware of the need for more t';an State and National attention to the issues. I want to becorie involved at the local level with issues because it is at that point that direct impact on very specific issues can be made. Local involvement will give me the opportunity to realize the practical issues effecting my community as well as the theoritical and historical background. It would also provide me an opportunity to become involved with broader issues, and my community as a whole. VITA Scott William Ros trop 1211 E. Skillman Maplewood, NN 55109 Telephone 484 -4984 (home) 296-5085 (work) Birthdate: October 3, 1952 Age: 27 Marital Status: Marriecl Wif e : Marla Daughters: Amy and Tami.ka Son: Quynh Health: Sp.T.nal Cord Injured Quadriplegic in Excellent Health IP MPT nV1ytPVt T June 28, 1978 - Present: Title V Administrator for State of Minnesota, Division of Vocational Rehabilitation (DVR) Main responsibilities are to administer vendor and agency compliance activities with Title V of the Rehabilitation Act of 1973, as amended. December 1978 - July 1979: American Public Welfare Association, To provide training to the five state midwest region. on Section. 504 of the Rehabilitation Act of 1973, as amended. "P n T T r A ^Ttl'J Graduate of Brainerd High School, Brainerd, Minn. -- May , 1971 Attende-d Brainerd Community College Sept., 1971 -- May, 1972 Attended Lakewood Community College -- Feb. , 1974 - May, 1975 White Bear Lake, �ii.nnesota Received A. A. Degree Attended University of Minnesota, C.L.A. -- Sept., 1975 -- May 1976 Attended University of Minnesota, University College -- Sept., 1976 -- Feb., 1978 Received B.A. in Organizational Communicat ions Attended Course in Community Organizing - Sept., 1976 -- Feb., 1977 Center for Urban Encounter St. Paul, Minnesota Attended a five part Management Course through Control Data Corporation Crea.ts.vz Learning Center Spring & Summer 1979 Attended various educational seminars on Affirmative Action. /Nondiscrimination, Accessibility, Management, etc.; as they are part of my employment upgrading. Enrolled at William Mitchell College of Law August 1980 RF LAT E D EXPERIENCE Field Experience in Human Services Sept., 1974 - May 1975 University of Minnesota Hospitals Project Advisor: Dr. Gary Athlestan Dept. of Physical Medicine and Rehabilitation Duties: Counseling newly spinal cord injured patients and gathering information to set up a library of services and equipment available to disabled indiv.iduals. I also authored a brochure describing rehabilitation facilities at the University of Minnesota Hospital. VITA RELATE D EXPERIENCE (con' t) Handicapped and Visually Impaired Student Orientation Program University of Minnesota Supervisor: Marry Myers Duties: Design and implement student orientation program for persons with disabilities who may need or want special arrangements or serval ces . United Handicapped Federation, (UHF) October, 1976 -- October, 1978 1475 W. County Road B, St. Paul Staff Organizers: Tom Junnila, Steve Marincel Duties: PRESIDENT of social -- action, social change organization working for the needs and concerns of over 13, 000 handicapped individuals belonging to U.H.F. to the general public, legislature, and private industry. This involved public speaking organizing and: +.developing issues, training and seminar development and other Executive and Administrative functions. Design, implement, and participate in seminars on Affirmative Action, nondiscrimination, (specifically Section 504 of the Rehabilitation Act of 1973) and related conferences on issues concerning the "Handicapped in Today's Society ". Facilitator for "Governor's Conf erences on Handicapped Children and Adults, Department of Administration 504 Conference and other training conferences," Speaker for professional organizations, churches, social groups and the like, about persons with handicaps and issues of the handicapped community. PARTICIPATION IN CONYDI LAITY ACTIVITIES AND ORGANIZATIONS Former President and Vice -- President United Handicapped Federation Executive Vice - president of National Center for Handicapped Transportation Member of North Suburban Consumer Advocates for the Handicapped Member D.V.R. - U.H.F. Task Force to establish personnel code for sheltered workers Member Unicorns (University ,of Minnesota Student Handicapped Organization) Past Member Selection Task. Force to select Assistant Commissioner for Division of Vocational Rehabilitation for the State of Minnesota Member Metropolitan Council, Minnesota Department of Transportation, MTC 504 Self - Evaluation Task Force Past Member 504 Regulations Task Force for University of Minnesota Past Member Metropolitan Transit Committee for Elderly and Handicapped Participant in Access and Ability Radio Symposium for public radio Former Chairman of state D.F.L. Handicapped Affirmative Action Committee 78 -80 Precinct Chairman for D.F.L. party s !;a VITA PARTICIPATION IN COINDIUNITY ACTIVITIES AND ORGANIZATIONS (con' t) Former member of the State of Minnesota, Division of Vocational Rehabilitation Consumer Advisory Task Force Minnesota representative to Region V, HEW Rehabilitation Services Administration project on "Consumer Involvement". Harry Myers Director of Student Orientation and Professor 110 w. Elmwood Place University of Minnesota ripls . , ' Linn. 373 - -4':04 (work) 822 -4798 (home) Rev. William Grace Director of Center for Urban Encounter 409 1q. 50th St. Mpls . , 'Linn. 331 - -6210 (Mork) 823 -7109 (home) Edwin 0. Opheim Assistant Commissioner for Vocational Rehabilitation 3rd Floor, Space Ct r . Bldg. 444 Lafayette Road St. Paul , Minnesota 55101 296- -9137 (Mork) 5217293 (home) VITA Scott William Rostron 1211 E. Skillman Maplewood, MN 55109 Telephone: 484-4984 (home) 296 -5085 (work) Birthdate: October 3, 1952 Age: 27 Marital Status: Married Wi f e: Marla Daughters: Amy and TarZ iika Son: Quynh Health: Sp,inal Cord Injured Quadriplegic in Excellent Health 'PATOT 0VMPXTT June 28, 1978 - Present: Title V Administrator for State of Minnesota, Division- of Vocational Rehabilitation (DVR) Main responsibilities are to administer vendor and agency compliance activities with Title V of the Rehabilitation Act of 1973, as amended. December 1978 -- July 1979: American Public Welfare Association To provide training to the five state midwest region on Section 504 of the Rehabilitation Act of 1973, as amended. VnTMATTf1M Graduate of Brainerd High School, Brainerd, Minn. - May, 1971— Attended Brainerd Community College - Sept., 1971 - May, 1972 Attended Lakewood Community College - Feb., 1974 - May, 1975 White Bear Lake, Minnesota Received A. A. Degree Attended University of Minnesota, C.L.A. -- Sept., 1975 - May 1976 Attended University of Minnesota, University College - Sept,,, 1976 -- Feb., 1978 Received B.A. in Organizational Communications Attended Course in Community Organizing -- Sept., 1976 - Feb., 1977 Center for Urban Encounter St. Paul, Minnesota Attended a five part Management Course through Control Data Corporation, Creative Learning Center Spring & Summer 1979 Attended various educational seminars on Affirmative Action /Nondiscrimination, Accessibility, Management, etc.; as they are part of my employment upgrading. Enrolled at William Mitchell College of Law August , 1980 RELATED EXPERIENCE Field Experience in Human Services Sept.., 1974 - May 1975 University of Minnesota Hospitals Project Advisor: Dr. Gary Athlestan Dept. of Physical Medicine and Rehabilitation Duties: Counseling newly spinal cord injured patients and gathering information to set up a library of services and equipment available to disabled individuals. I also authored a brochure describing rehabilitation facilities at the University of Minnesota Hospital. r VITA RELATED EXPERIENCE ( con' t) Handicapped and Visually Impaired Student Orientation Program University of Minnesota Supervisor: Harry Myers Duties: Design and implement student orientation program for persons with disabilities who may need or want special arrangements or services. United Handicapped Federation (UHF) October, 1976 - October, 1978 1475 W. County Road B, St. Paul. Staff Organizers: Tom Junnila, Steve Marincel Duties: PRESIDENT of social - action, social change organization working for the needs and concerns of over 13,000 handicapped individuals belonging to U.H.F. to the general public, legislature, and private industry. This involved public speaking organizing and. '.developing issues, training and seminar development and other Executive and Administrative functions. Design, implement, and participate in seminars on Affirmative Action, nondiscrimination, (specifically Section 504 of the Rehabilitation Act of 1973) and related conferences on issues concerning the "Handicapped in Today's Society ". Facilitator for "Governor's Conferences on Handicapped Children and Adults, Department of Administration 504 Conference and other training conferences.". Speaker for professional organizations, churches, social groups and the like, about persons with handicaps and _issues of the handicapped community. PARTICIPATION IN COMMUNITY ACTIVIT AND ORGANIZATIONS Former President and Vice - President United Handicapped Federation Executive Vice - president of National Center for Handicapped Transportation Member of North Suburban Consumer Advocates for the Handicapped Member D.V.R. - U.H.F. Task Force to establish personnel code for sheltered workers Member Unicorns (University of Minnesota Student Handicapped Organization) Past Member Selection Task Force to select Assistant Commissioner for Divisioti of Vocational Rehabilitation for the State of Minnesota Member Metropolitan Council, Minnesota Department of Transportation, MTC 504 Self- Evaluation Task Force Past Member 504 Regulations Task Force for University of Minnesota Past Member Metropolitan Transit Committee for Elderly and Handicapped Participant in Access and Ability Radio Symposium for public radio Former Chairman of state D.F.L. Handicapped Affirmative Action Committee 78--80 Precinct Chairman for D.F.L. party VITA PARTICIPATION IN COMMUNITY ACTIVITIES AND ORGANIZATIONS (con' t) Former member of the State of Minnesota, Division of Vocational Rehabilitation Consumer Advisory Task Force Minnesota representative to Region V, HEW Rehabilitation Services Administration project on "Consumer Involvement". T,s:vrr:1T1T' T►Tnr:+n Harry Myers Director of Student Orientation and Professor 110 W. Elmwood Place University of Minnesota rip is . , Minn. 373-4404 (work) 822-4798 (home) Rev. William Grace Director of Center for Urban Encounter 409 W. 50th St. Mpls . , Minn. 331 -6210 (work) 823 -7109 (home) Edwin 0. Ophe-im Assistant Commissioner for Vocational Rehabilitation 3rd Floor, Space Ctr. Bldg. 444 Lafayette Road St. Paul, Minnesota 55101 296 -9137 (work) 521 -7293 (home) e� i MEM ORANDUM TO: City Manager FROM: Director of Public Works DATE March 26, 1981 SUBJECT: PUBLIC HEARING, KELLER PARKWAY SANITARY SEWER PROJECT 80-14 A public hearing is scheduled for 7:00 p.m., April 2, 1981, for this project. Prior to the public hearing a neighborhood meeting will be held to inform the affected property owners about the project. The estimated project cost is $29,900. Since only six homes will be served by the improvements, the estimated assessment per lot is approximately $5,0000 The proposed improvements are feasible from an engineering perspective and can best be accomplished as presented in the attached report. KGH /mn w MEMORANDUM F` s TO: City Manager FROM: Director of Community Development SUBJECT: Amendment of City Ordinance - Garage Size DATE: February 26, 1981 size ordinance is restrictive and should be reconsidered. Staff feels that our garage in prop ortion to ur ose of the ordi -nance is to keep the sizes of garages p p • Thep p s . Setting n an absolute maximum, such the house and houses on adjacent properti e g overt restricts the garage size for large homes. it would as 750 square feet, y of the house be more reasonable to set the maximum garage area as a percentage f 1 oor areas with an upper limit. l owi n a garage to be 75% of the dwelling's floor area is Staff feels that allowing 9 g limit t ar and enforcing an upper lim't of 1000 square feet, will garages reasonable , g largest es t ara e permitted from getting too large. . One thousand square feet is the g • 9 9 p g g going to a more restrictive ve category. by the Uniform Building Code without g g Refer to the enclosed survey of surrounding communities. Staff feels that this i n line ne with the r rements of neighboring communities* proposal is Existing Ordinance • (18). PRIVATE GARAGE. Private garage means a building, shed or Section 916.010 enclo p sure or a art thereof designed or used • for the shelter or storage o f motor vehicles and having a floor area not m exceed 750 square feet, outside dimensions. Recommendation amendment for maximum allowable garage size, on the � Approval of the ordinance 1 b as g basis that setting an absolute maximum, such as 750 square feet, overly restricts the garage size for larger homes. ..tom.. SURVEY OF SELECTED COMMUNITIES 8. Blaine 832 9. Brooklyn Center 75% of the floor area of the dwelling but not to exceed 900 square feet 1 0 . Oakdale No l i m i t MAXIMUM ALLOWABLE GARAGE SIZE MUNICIPALITY (figures i n square feet) 1. New Brighton Attached 1000 detached 600 2. Coon Rapids 760 or 75% of the floor area of the dwelling whichever is greater. No garage shall exceed 1200 square feet. 3. Little Canada 1000 4. Woodbury 1000 5. White Bear Lake 750 6. New Hope 900 7. North St. Paul 10% of the lot area but shall not exceed 1008 square feet. 8. Blaine 832 9. Brooklyn Center 75% of the floor area of the dwelling but not to exceed 900 square feet 1 0 . Oakdale No l i m i t i It ORDINANCE AN ORDINANCE AMENDING CHAPTER 916 OF THE MAPLEWOOD MUNICIPAL CODE BY REPLACING SECTION 916.010 (18) THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: • DEFINITIONS Section 1. Section 916.0.10 (18} , REMEDIES, PENALTIES, VALIDITY. ATE Private Garage is an accessory building designed or used PRIVATE GARAGE. A 9 for the shelter or storage of motor vehicles. A private garage may not exceed an area of 75 percent of the total floor area of the dwelling or 1000 square feet, whichever is less. Private garages may not exceed one story in height. Section 2. This Ordinance shall take effect and be in force after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this day of , 1981. Mayor Attest: Clerk Ayes - Nays - NOTICE OF PUBLIC HEARING ZONING CODE AMENDMENT 0 Notice is hereby given that the Maplewood City Council at their meeting of April 2, 1981 at 7:15 P.M. i n the Council Chambers of the Maplewood Municipal Building, located at 1380 Frost Avenue, w i l l consider and receive all remarks regarding an amendment to change the maximum size of a private garage. The proposed change is to limit the garage size to 75 percent of the total floor area of the d w e l l i n g or 1000 square feet, whichever is less. Additional information on this proposal is available at the Department of Community Development, 1902 East County Road B. ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD D. Code Amendment - Maximum Garage Area Secretary Ol son 'sai d staff feels that our garage si ze ord,i nance is restrictive and should be reconsidered. Therefore, they are recommending an amendment to the ordinance to permit construction of larger garages. Commissioner Prew asked if the definition of total floor area was clear in the code. Secretar y Olson read the exi sti ng definition from the Code. A two story house would get credit for both floors. Commissioner Pel 1 i sh moved Planning Commission recommend t the - Cit y Council approval of the ordinance amendment as outlined in t Staff' report dated February 26 1981 Commissioner Kishel seconded Ayes - all i i i , (r Action by Cot�rlcil:, T0: FROM: SUBJECT: LOCATION: APPLICANT /04JNER: DATE: M E M O R A N D U M Endorsed IIJcdi- ,eu.. City Manager Dat ., .._. --. Director of Community Development Variance- Garage Size Corner of Brooks Avenue and Germain Street (see enclosed maps) Christopher Cardinal February 23, 1981 SUMMARY OF THE PROPOSAL Request Approval of a variance for an oversized garage. Proposed Land Use A single family dwelling with a garage which exceeds the maximum allowable garage size by 90 square feet. The proposed garage would measure 28 b 30 feet or 840 square feet. y BACKGROUND Site Description - 1 . Lot Size: 13,440 square feet 2. Existing Land Use: Undeveloped Surrounding Development Northerly: Undeveloped land planned for RL, Low Density Residential and zoned R -1, Single Dwelling Residential Southerly: Brooks Avenue and single family homes Easterly: Germain Street and single family homes Westerly: Undeveloped land planned for RL and zoned R -1 Dzc+ At - +i 1. 2 -7 -80: Council approved a l split and lot width variance for this parcel and the parcel two lots to the north. Approval was based on the following: a. The applicant's request is unique, due to the City's need for street rights -of -way dedication b. The lots would be similar in size with other lots in the neighborhood c. The minimum area requirements for single fami residential would be exceeded for each proposed lot d. The construction of these single family dwellings would not exceed the density requirements for the subject property DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: RL, Low Density Residential 2. Zoni ng: R -1 , Residence District (Single Dwelling) 3. Ordinance 323 of the Zoning Ordinance states that a private garage shall not exceed 750 square feet in floor area, outside dimensions. 4. Section 4620357 ( 6) of the Minnesota State Statutes states that to approve a variance, 'the Board of Adjustments and Appeals must find that strict enforcement of the Code would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such a variance only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Ordinance. CONCLUSION- Ana l ys i s The main issue in this case is whether there is a hardship unique to this property. If there is no hardship unique to this property, then there is no basis for denying future requests from other property owners with s i m i l a r requests. justification The only for a variance in the Applicant's letter is that the variance is minimal and there is adequate room on the lot for the oversized garage. There are good points, but are not unique to this property and, therefore, not a basis for a variance. Staff feels that our garage size ordinance is restrictive and should be re- considered. The purpose of the ordinance -is to keep the sizes of ara es in 9 9 proportion to the house and houses on adjacent properties. Setting an absolute maximum, such as 750 square feet overly restricts the garage size for large homes. It would be more reasonable to set the maximum garage area as a percentage of the house floor area, with an upper limit, Recommendation Denial of the proposed garage size variance since: 1 . It has not been found that strict enforcement to Code would cause the Applicant undue hardship due to circumstances unique to his 'property; 2. It has not been demonstrated that the variance would be in keeping with the spirit and intent of the Code. Enclosed: 1. Location Map 2. Property l i n e Map 3. Applicant's letter dated 1 -30 -81 4. Applicant's Site Plan 5. Sketch of Applicant's proposed house and garage 2 M - AVE. � O / Q n c a = c — v c KOHLMAN AVE. �, ROAD J t►1 � J W V W Z 7C f/ : U ,0-:j LARK ♦VE.� 0 LARK � AVE. N [ LAURIE] RD. _ ¢ LAURIE RD Z �T 3 = AVE. D v AVE. y- BU KE A ..� AVE. �•• v T� AVE. �`! r W AVE. 23 w� tttn AVE: S C R EN AV COPE AVE. w _ � 2 a J � y� W 2 s 1' ED PUBLIC WORKS R BLDG. _ LOCATION MAP - GARAGE AREA VARIANCE 5 )s �T : lk j) F LELAN L R DL - F JUN - T 1 61 4 i f �9 VADN AIS HEIGHTS 61 -- _...._ �� ... �- COUNTY ROAD D 4 •t ' _ ►- ,WO SL a c., - - ,. ;,; , � ".. •, .. .. � x , ' _� :� - � }. 2// A \ 201. - . - ... _ . . - o� +- r t C ^_ J 4 . jam l =- "'R Y . L j .... 1 40 • V _- ^ "s ! ' ? ' 7+� 7'S 140 8 C c AV E 4 sot. X6 a LL • 4 .. '�G J , 1 '. • ac Sr i. i` ^ � 7 '�► '' n . - i . 7 LSC .S r ` I t �ii ' t 10 TS I TS TS TS i 30 8 ` A 77 1 =25 99 _ , << saw "►, ell sk 4 I Lim -:75 �i.��r•� .•-•..- ♦ A w •. _ ! �• 7 \ I .. T i m .°�' - - - - A V E y -.. ILA PROPERTY LINE MAP - GARAGE AREA VARIANCE 4 N .1 /9/) 412k&!�joojD 30 rf-/ FYZ) sQq Te C E:7 o o 7 Ocr �iDD��L- �asT. T�q�- T,��( OW, ��D Q� r ��� as Q y TIq leu��v.Nc 7k'vTI S �� T N£No G-��sT ( f/icrH L�,� IUD Acirs�njc�oq-� Tht AIL)'s Cf✓�f.���L.i � GC-Cp l /� <c. � of 1�} c.�1.) N C�.: i '� rc. P l.. A �1 N w 5 O 1 7u 9 I I lip N 4 W }-10 vi n, �. . (� t� A tJ d i a NO -..... .._•�.�rr�w� . w••. n..-..- ar�r_..+. r .......rr..•..•�rwrorrr..rr..�. • r .... r.... .... ....� .. . . ..�►� -.. r ... . .. .._ .• a • r .• •._. . ... rJ . .. � r. ✓ ••. � ... . n ,. Yr.M .. r .ti . ...r rr.. w .�w-u y .. M• � • � •m•..n .w• •w •r.n,s■ wr• - - .. .. �, . �, 7 .�•+• ."r'r�.��_tr'r'� ..�'V�•'V M w°•►.T 7.A . �r+i/N.... �M ✓M�eMr + . I FOR P 70 {..,.� v I, C No�s� Size. z s a� -a6' FIRST FLOOR ?�-O 0 L A T07* o F= VOW NOTICE OF. PUBLIC HEARING FOR A CODE VARIANCE The Maplewood Board of Adjustments and Appeals will conduct a' public hearing on Thursday, April 2, 1981 at 7:30 P.M. i n the Council Chambers of the Maplewood Municipal Building, 1380 Frost Avenue. PETITION INITIATOR: Christopher C. Cardinal 1875 Arcade Street Maplewood, Minnesota 55109 REQUEST: PROPERTY DESCRIBED AS: A variance to construct a garage larger than allowed by Code. A vacant parcel of land located at the northwest corner of Brooks Avenue and Germain Street, ANY PERSONS HAVING INTEREST I N THIS MATTER ARE INVITED TO ATTEND AND BE HEARD IP E. Variance - Brooks and Germain (Cardinal) Secretary Olson said the applicant is requesting approval of a variance for an oversized garage. Staff is recommending denial as outlined in their report. Mr. Cardinal said -he plans to construct a home on the property. As the code exists, he can construct more than one garage on his property. He is just asking for 90 square feet additional. He did speak to the neighbors and they were all in agreement. Commissioner Prew moved the Pl anni nq Commission recomm to the Board of Adjustmen and Appeals approval of the requested variance as the w! Commission h as recommended an amendment to the code to chan � Lt the maximum garage size.. and recognizing there could be delays in the formal ization of this amendment Commissioner Barrett seconded Commissioner Pel l i sh said the applicant by applying for a vari ance , is preventing an undue hardship by preserving his property from theft. He would be incorporating it within the structure. Having to store these i terns off -site would cause an undue hardship. ., Voti ng : Ayes - all 5 3- -2-91 MEMORANDUM Y TO: City Manager FROM: Director of Community Development SUBJECT: variance LOCATION : 1389 Kohlman Avenue (see enclosed maps) APPLICANT: James Behrens OWNER: Anna Behrens DATE: March 11, 1981 .a. Action---b co - u l-fri-0 SUMMARY OF PROPOSAL Build a single family dwelling on. a lot with substandard frontage. BACKGROUND Site D escription Si ze : A 66 by 637 foot lot, one acre in area Existing Land Use: Undeveloped. Surrounding Land Uses North: Hubbard Broadcasting, Inc. property, undeveloped except for a radio tower, zoned M -1, Light Manufacturing and planned Rm, Residential Medium Density. East: A single family dwelling South. Kohlman Avenue. Across Kohlman Avenue, single family homes, West: A single family dwelling. n_ - _ L_ A _1_.: -- 3- 16 -72: Council approved a lot division creating 1384 and 1390 Kohlman Avenue. Both of these lots are substandard in frontage with 70 feet. (see M.ap 2 ) 12- 19 -74: Council approved a lot width variance requested by Tony Oswald to develop the 66 foot wide lot located at 1429 Kohlman Avenue. (See Map2 ). DEPARTMENT CONSIDERATIONS Planning i 1 . Land Use P l a n Designation: *RL , Residential Low Density _ 'Dens t : Present neighborhood density i s 2 persons /net acre due. to ex- 2 y 9 - cess i vely deep lots. Assuming development of all three undeveloped 66 foot wide lots, the density would increase to 3.8 persons. Fourteen persons /net acre are permitted. 1 3. Zoning: R -1, Residence District (Single Dwel 4. Compliance with Land Use Law: A. Statutory: Section 462.357 Subdivision 6 (2) states that the Board of Appeals. and Adjustments is empowered to hear requests for variances ftom the literal provisions of the ordinance in instances where: 1. strict enforcement would cause undue hardship because of circumstances unique to the i ndi vi.dual property 2. where it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance B. Ordinance Section 904.030 and 1005.010 state that a single family dwelling l shall be no less than 75 feet in average width. The applicant is proposing to develop a 66 foot wide lot. (This l is presently combined, for tax purposes, with the l to the west. Separation does not require City approval, since the l is legally platted.) Section 912.080 states' that where the Council. or Planning Commission is required to consider an exception to the Zoning Code in accordance with the provisions of this ordinance, it shall among other things: 1. Assure itself that the proposed change is consistent with the spirit, purpose, and intent of the zoning ordinance, 2. Determine that the proposed change will not_ substantial injure or detract from the use of the 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. 3. Determine that the proposed change w i l l serve the best interests and conveniences of the community (where applicable) , and the public welfare. Public Works Sewer and water are available. CONCLUSION Analysis Since 1972, three homes have been permitted to be built in this n-eighborhood on substandard 66 foot wide lots (Map 2). In one case (1429 Kohlmar�� a variance was approved by Council. Since there are no differences between these cases that would justify a denial of the present request, it is only fair to acknow- ledge the precedent and approve the request. Further, development of the subject lot would be in character with existing neighborhood development. Thus, . the intent of the zoning code would be met. Resulting density would also be for less than the maximum allowable. Recommendation i Approval of the requested lot width variance to develop lot 59, Gardena Addition. i Approval is recommended on the basis that: 1. There are houses on 66 foot wi de 1 ots at 1417 and 1423 Kohl man Avenue and a variance granted at 1429 Kohlman Avenue 2. The intent of the Zoning Code would be satisfied 3. Allowable density would not be exceeded Enclosures: 1. Location Map 2. Property Line Map 3. Applicant's letter of justification 3 1 d�� �s VADNAIS HEIGHTS 61 o o W E A AVE I '� •� Koh lmon O ` Lo *C V N � J 6t; K OHL AN 23 i r J MTY R0A0 "C" '� > J W W a i Z IE DGE HILL; V W 3t Q Q J r: < _ v� Q DEMCO w E_LJ `C i R A VE.�� aD E s 22 (� 61 W m SE XT A 1 L 1 GERVAIS AVE. U ER`'AIS E G AHDVIEW AV ca^a s • V,K IN DR. ' ` x`79 H SNERREN AVE _ ~ ` OPE AVE 0 t Ke /1 c r LARK AVE. LARK AVE. LARK 'AVE. 25 -- y o c Lake T �' � Q A LAURIE RD. = LAURIE RD z4 ( COUNTY ROAD "D" 1. LOCATION MAP r - 1 i �C ,10 CD -77 Z 0 1371 1 13 1 4t 1 I�Z 14z,� 33 lift At 1 lit -j V F. -A I(e) L MAN --TV 1-15. I t s '. It 70' U-1 " I - I ?) 100 i4c, I -Z L- 3 p,5 o' I 8 r � � 1 O _ 7 7- D� � L 5 8' 4 :0 ZS_9 42- 4- 44 7 oil 40 IQ co O 2 go 21 20 19 18 17 I 16 151, 4 14 W 'so 32 L 13 4 CokxNT C- .00/ Potential for additional development on substandard lots 2. PROPERTY LINE MAP Existing homes �� -78 79 BO f- 14 13 _Z b4 001 tu I � �l \o o �. 9 I oc .�:. �' 1 4J Fri •- IT. N G2 G1 Co 0 15 1 � 14. (o3 r-_ C7% 0) 1-D 58 55 54 �' rat \10 ti rn rt1 ` m Sj to I TV 9 r +� IS ID MW IV Lo 4 0• 32; 10 . f , Z 0 1371 1 13 1 4t 1 I�Z 14z,� 33 lift At 1 lit -j V F. -A I(e) L MAN --TV 1-15. I t s '. It 70' U-1 " I - I ?) 100 i4c, I -Z L- 3 p,5 o' I 8 r � � 1 O _ 7 7- D� � L 5 8' 4 :0 ZS_9 42- 4- 44 7 oil 40 IQ co O 2 go 21 20 19 18 17 I 16 151, 4 14 W 'so 32 L 13 4 CokxNT C- .00/ Potential for additional development on substandard lots 2. PROPERTY LINE MAP Existing homes �� c PALOI�� I� low ^ �.ac AA CA, A-c-x4f I cr � �..� Cam, �-- �`-� � � � � ti t r 4, � �: pl, NOTICE OF PUBLIC HEARING FOR A CODE VARIANCE The Maplewood Board of Adjustments and Appeals will conduct a public hearing on Thursday, April 2, 1981 at 7:30 P.M. in the Council Chambers of the Maplewood Municipal Building, 1380 Frost Avenue, PETITION INITIATOR: REQUEST: PROPERTY DESCRIBED AS: James A. Behrens 1389 Kohlman Avenue Maplewood, Minnesota 55109 A variance to construct a single family dwelling on a lot with substandard frontage. Lot 59 Gardena Addition (A 66 foot wide parcel east of 1389 Kohlman Avenue) ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD r I k 8. NEW BUSINESS A. Variance - Kohlman Avenue (Behrens) Secretary Olson said the applicant is requesting a variance for a substandard width lot. Staff is recommending approval as outlined in their report. Chairman Axdahl asked if it was necessary to provide access to the north of this area. Secretary Olson said this was review by the staff, if there is going to be a street, it would be an extension of Elm Street going north . Mr. Behrens was present at the meeting. Chairman Axdahl asked if there was anyone else present who wished to comment on the request. Commissioner Fischer moved that the Planning Commission recommend that the Board of Adjustments and Appeals approve the requested lot width variance to develop lot 59, Gardena Addition. Approval recommended on the basis that: 1. There are houses on 66 foot wide lots at 1417 and 1423 Kohlman Avenue and a variance granted at 1429 Kohlman Avenue. 2. The intent of the Zoning Code would be sati si fi ed 3. The allowable density would not be exceeded. 4. The lot excess the 10,000 square foot minimum lot size. Commissioner Prew seconded _ Ayes - 10 Abstained - 1 (Commissioner Sletten) . MEMORANDUM TO: City Manager FROM: Director of Community Development �r�r'r r -�� _ SUBJECT: Sign Code Amendment - billboards DATE: Februar y 26 , 1981 The Ci Council passed a moratorium on billboards on De • December 20 , 19 79 , un t� 1 such time as the sign ordinance has been ful reviewed". Enclosed is a copy of the existing section of the sign ordinance dealing n g g with billboards and a revised sed ordi nan ce recommended by Staff. The following is a list of s i g n i f i c a n t revisions in the proposed ro osed ordinance with an explanation: 1 . The defini of "billboard" and "non-accessory s (off-premises)" • �� y gn have . been replaced with Off - Premises Sign". The sign ordinance has similar definitions for "billboard" and "non- n accessory sign (off - premises) ". In order to avoid confusion, the are replaced with one definition for "Off-prem s igns." . y 2. The requirement for review by the Community Des Review Board has s been deleted. This review has served no significant purpose , The ordinance doe not allow review of the sign copy, only the sign structure. Since location and size of these signs is determined by ordinance, there is little left for the Board to review. This review delays the permit and wastes the Board' and Staff's time. 3. The zoning districts where off-premi sig ns would be allowed 9 1 wed has been specified. The exi sting ordinance allows them in "industrial manufact uring, commercial or retail zone districts." In another section of the Ordinance it states that billboards are not allowed i n the LBC, Limited Business Com- merci al and CO, Commercial Office zones. The ro osed Ordinance w ' P P would limit off-premises signs to (SC) Shopping Center, (BC) Business Commerci Li Light Manufacturing, (M -l} g anu acturi ng, and (M -2) Heavy Manufacturing zones. 4. Spacing and setback requirements have been added to avoid visual clutter : protect residential properties, and avoid obstruction to -driver's vision, 5. The maximum size has been reduced from 850 square feet to 300 sq uare feet =The billboard industry h q y s two standardized sizes - 300 and 68 square feet, - The larger bill board may be enlarged to 850 square re feet i f a -i ' q gn extension � s used. = 1 While the larger sign may be appropriate on rural freeways, it is out scale in a metropolitan area, The size of the recently constructed bill- boards on Highway 36 was the main complaint from residents that promp the current moratorium. It should also be noted that the largest sign allowed for a local business in the heavier commercial zones is 300 square feet. The maximum area in manufacturing zones is only 200 square feet. Why should a billboard be allowed to have almost three times- M :area that a local business can have? =� �. =s 6. The fees and p ermi is section has been deleted. This is already covered in the fees and permit secti of the overall si gn ordinance. The require- ment for an annual permit renewal has been dropped, since it serves no purpose and creates unnecessary administration time, 7. The nonconforming sign section has been deleted. This section allows billboards that do not meet the sign ordinance to continue indefinitely. By deleting this section, the nonconforming sign section that covers the rest of the signs in the City would apply. This section sets up an amortization schedule for the removal of nonconforming signs. Under this section, nonconforming signs would have to be removed in four to ten years, depending upon when the sign was erected. A representative of the Naegel e Outdoor Advertising Company has indicated that amortization is not legal under the law. Mapl ewood' s City Attorney, however, feels that amortization is a va lid and legal zoning practice. It does not seem fair to exempt billboards from this requirement, when all of the rest of the .signs in the City must comply. 8. A new paragraph has been added regarding ground restoration. This is to require that ground which is disturbed during the construction of a bill- board be restored to its original condition. 9. The current ordinance requires a minimum setback of 200 feet from residential districts. This has been deleted in the proposed ordinance, on the basis that a commercial business with an on- premises 300 square foot sign could be located within 200 feet of a residential district. It, therefore, does not seem fair to restrict off - premises signs.' If, however, that part of the proposed ordinance on location and size is not passed, then this require- ment should be left in. The proposed ordinance would not be too restrictive. There are 21 off - premises signs in the City. Eighty -nine more signs could be constructed under our exist- ing ordinance. Forty -three more signs could be constructed under the proposed ordinance Adding the eight existing signs that would not have to be removed, results in a total of 51 potential off - premises signs, Whi some property owners may not be agreeable to leasing space for signs, the potential is there. The enclosed maps show the locations of existing and potential sign locations. The City had prohibited bi llboards entirely, previous to the current ordinance. Wf-i le this seems overly restrictive, the current ordinance seems-:overly liberal. The proposed ordinance is a fair and reasonable middle ground. t Encl Used: 1. Proposed Billboard Ordinance 4. Number 2. Current Billboard Ordinance 5. Number 3. Existing Off- premises Signs, 6. Survey 7. Letter Outdoor of possible signs under current ordinance of possible signs under proposed ordinance of other ci ties and proposed changes from Naegel e Advertising 0A ORDINANCE NO. AN ORDINANCE AMENDING SECTION 818 OF THE MAPLE WOO CODE RELATING TO SIGNS i -two F =�. THE COUNCIL OF THE CITY OF P "APLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: The following porti ons of Chapter 818 of the Maplewood Code are hereby amended to read as follows: Section 2. 818.020 DEFINITIONS. The definition of "billboard" shall be revised as follows: Billboard: same as off-premises sign The definition of "Non- accessory Sign (Off Premise)" shall be deleted and replaced with the following: Off-Premises Sign: A sign advertising a business, profession, cornfnodi ty, service, or entertainment which is not conducted, sold, manufactured, or offered on the premises upon which the sign is placed. Section 14. 818.140 OFF- PREMISES SIGNS 1. Location a. Off-premises signs may on be located in the following zoning districts: SC Shopping Center, BC Business 'Commercial, M -1 Light Manufacturing, and h1-2 Heavy Manufacturing zones. b. Off-premises signs s 1 not be permitted on a bui 2. Spacing a . An off-premises sign - sha 1 l not be located closer than: (1) 1000 feet to another off - prerises sign on the same side of the same street., This spacing does not apply to strLmtures separated by buildings or other obstructions in such a manner that only one sign face located within the above spacing d is visible from the highway or street a t any one time. (2) 100 feet to a commercial , industrial , or institutional building (3) 100 feet to an on- premises sign b. An off-premises sign shall not be erected or mai ntai rid in such a z place or manner as to obscure or otherwise physically`'interfere with an official traffic control device or a railroad safety signal or sign, or to obstruct or physically interfere with the drivers` view of approaching, merging, or intersecting traffic for a distance of 500 feet. 3. Si ze The maximum area of a sign face shall not exceed 300 square feet in area, including border and trim, but excluding base and apron supports and other structural members. The maximum size limitation stated in this paragraph shall apply to each side of a sign structure. Signs may be placed back -to -back or in a V -type arrangement if there are no more than two sign faces. 4. Height The maximum height for off-premises signs shall be determined by the height requirements for on-premises signs in the zoning district in which the sign is located. 5. Lighting a. Off-premises signs shall not be illuminated with flashing light or lights, except those giving public service information such as, but not limited to, time,date, temperature, weather, or news. b. Lighting shall be effectively shielded so as not to impair the vision of any operator of a motor vehicle. c. Lighting shall not interfere with the effectiveness of or obscure any official traffic sign, device, or signal. d. Off-premises signs shall not use lights between midnight and 6 A.M. 6. Ground Restoration Any ground area disturbed, due to the construction or removal of an off- = premise's sign, shall be restored to its original condition. 7. Any previously adopted requirements that conflict with this ordinance shall be null and void. . t This ordinance shall take effect after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this day of 2 1981. a Mayor =s Atfi�!st: Ayes Clerk Nays - [ V Irf �C-r► l t I.O D /t 1�( v r W L. v excade, exit, or stand -pipe. No sign shall obstruct any window to such an xtent that any light or ventilation is reduced to a point below th4t required b any law or ordinance. Signs shall be so located as to maintain all quired clea ances from overhead p6wer and service lines. 4. The min height of •a projecting sign above grade shall be nine fee . 5. The maxim height of a projecting sign above the roof line shall be five f eet . 6. 1"`hk maximum pr ' ections hall not exceed the height of the sigri�. -t Sectim 12. 818.120. CANOPY OR MARQUEE SIGNS* t 1. Signs may be placed o attached to, or constructed in a_ 2. The minimum height of a nopy l -1 or marquee sign sha be nine feet, 3. No canopy or marquee sign s 11 extend or project above the lower edge of a canopy or marquee more than t ee (3) feet. =-six (6) inches. Section 13. 818.130, ELECTRIC SIGN , 6 1. Electrical equipment used in connect` n with display signs shall be installed in accordance with the hationa�l, Electr ' cal Code. 2. Animated Signs: a. No animated signs shall be erected or maintained in any residential land use district. ` b. No animated signs shall be erected or maintai III led closer than seventy -five (75) feet from any residential land use distrs. on which there exists structures used for residential purposes. C. No animated sign may be erected in any location whic would obstruct the vision of or be confused with , a traffic signal or s to ' sign, E 3. Revolving Signs: a. Nc( revolving unit may revolve more than eight (8) revolutions`<, er minute. 4. Search lights may be used for the grand opening of a new enterprise o an enter - rise under new management for a period not to exceed seven (7) days. her enterprises may use such a device only yearly for a maximum of seven (7) _ n-- secutive days. The beam of such searchlight shall not flash against any bu - ding. Section 14. 818.140. BILLBOARDS. 1. Location: Paster P anels or bulletins are subject to review, except for =copy, by the Com- y munit Design Review Board and may be located on Industrial, Manufacturing, Com-- mercial or Retail Zone Districts subject to restrictions set:-out in this ordin -- ance. Billboards shall not be permitted on a building. 2. Spacing: - 15 - No billboard sign may be located closer to any other such advertising devices on the same, side of the street or highway facing traffic heading in, the same direction than five hundred (500) feet on any city street, primary highway, in- terstate ,or fully controlled freeway within the incorporated City, provided, however, this provision does not prevent erection of doublefaced, back -to -back, or v --type signs with a maximum of one (1) sign per facing. .3. The above spacing does not apply to structures separated by buildings or other obstructions in such a manner that only one (1) sign facing located within the allove spacing distance is visible from the highway or street It any one time. 4.. Size: The maximum area of a sign face shall not exceed eight hundred fifty (850) square feet, including border and trim, but excluding base and apron supports and other structural members. The maximum size limitation stated in this paragraph shall apply to each side of a sign structure and signs may be placed back -to -back, or in a v -type construction. 5. Lighting: a. Billboards will not be illuminated with flashing light or lights except those giving public service information such as, but not limited to time, date, temperature, weather or news. b. Billboard lighting will be effectively shielded so as not to impair the vision of any operator of a motor vehicle. C, Billboard lighting must not interfere with the effectiveness of or obscure any official traffic sign, device or signal. 6. Fees and Permits: a. The fee schedule as set forth in this ordinance will apply equally to bill- board signs. 1 b. Annual permit renewals will be required. Permit renewals will not be accepted more than sixty (60) calendar days prior to expiration of permit. All per- mits will expire on June 30th of each year. C, The annual fee for such renewals will be on the same basis and schedule as prescribed for the original permit. d. A penalty of Two ($2.00) Dollars will be charged upon failure to pay the annual permit fee for renewal on or before July 1 of each year. e. The administrator may revoke the permit granted herein, for cause upon thirty (30) days written notice of such hearing to the permittee. Such notice and hearing are subject to the procedure as outlined in Section 818.040, Subsection 9 of this ordinance. _ - 7. Non - conforming Signs: 4 _ r Any billboard sign existing at the time of the enactment of this ordinance and not conforming to its provisions, shall be regarded as legal, non - conforming - - 16 - Z signs which may be continued, if properly repaired and maintained as provided in this ordinance and continue to be in conformance with other ordinances of this municipality. . Non- conforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this code. S t 818.150, TEMPORARY SIGNS. mporary sign shall exceed one hundred (100) square f t �n area Temporary of rigid material shall not exceed thirty - two (32) squarre feet in area, or (8) feet in height. Temporary signs may remain 'n place for a period not ding sixty (60) days, or until completion of pr ect. 2. Porta - le signs: a. Por ble signs with content of a public i formation nature shall be permitted with t need for a permit. Such signs all not exceed two hundred f if ty (250) quare feet in area and shall b limited to thirty (30) days, a b0 other po able signs shall not exceed thirty --two (32) square feet in area or ten (10) et in height without a proval of a special permit by the City Council, 3. The following are permitted temporary signs: a. Political signs. includin campaign and non - political campaign signs. b. Real estate signs C, Holida signs. d. Construction sign_ •Section- 16. 818.160. dSTANCE POWER LINES, 1. The distance sign shall be located from Power Lines, will be designated by local power companies. Section 17. 818.1 0. DISTRICT SCHEDULES. a Signs shall be p rmitted as set forth in-. Sign Schedules I to VI inclusive, which are hereby made and declared to be an integral part of this ordinance. Schedule No. All Districts The following special purpose and temporary s gns shall be permitted in all dis= trict ,s, s j ect to the limitations set forth b low: 1. TT. f i c. control signs as de.f fined * in the "Mot \1a ehicle Act" subject to the p` ovisions of said Act. t 2. Signs required to be maintained or posted by or governmerital. order, rule, or regulation. 17 # . a,1 i L C C, H F on G 04 A VV to %an"Als .41r.07% p 04 -Tt— j ilt 04, U14 P at- P I le Go-oft 1A !2_1 t 3~0 j? I %OW" 69" Ods, -A.-ft 169 lift It f ;1 �1_ '00 t+ na 9V 4 P •M••• 51 Patti W. 64 0 04 - ., L d "e 1L "We", Pat, 410 A. .4 it Oiyw hf • ;,I _ Cr�a►J.�j ^.-., - --'' -r �-1+ J., __,�,,,..1 .r•u a.A -.,r., ..r.+"a. ..1r tj VAUIL POP KEY tum 'V Nae e Bi 1-10919-20 .4, 0 .:-, ft-O, ."NNW Maplewood Mall Directional Si 11 9 Northernaire Motel Pl Si 12 11194. j Mutual Service P Si .13 A. to Jordan Farms Ha -Sleigh Ride Si 14 Tom Thumb Billboard (on buildin 15 =" •� Ch Home Society Si 16 Mount Zion Lutheran Church Sign 17 St. Paul Tourist Cabins Si 18 21 ° °� ; =- -=-- -i Laber's Liquor Store Sign 1 •1*1 P 10 11 4 , , 1 •, , N K L 10 MA P I EXISTING OFF-PREMISES SIGNS =QAj MAPI-jEWOOD f 1,F I API MV94a of IfflGHWAYS I .9•A. - • "a U S Dt I'Ah I NlVtv"l of TIAAt4SP0A`,'A11ON Ffj ,jHA1 14I.MWAY Al MINIVRAT100' 001• WA f ft4P AM' ST riFINUHIATION V41.' 1TANSTT PLANNIUG A4111) 1'H0,7,RAM-M1N'%-Y DIVISION OFTWE Of T N r I t - 1 'PA III-A-MON rLANNING I 480 W. --- son oats -040 • �� r I Site 12 2 t LEGEND 13 i1 r 14 15 ix 720S. i `• M 1 � �.�. � ; -' q 3oa.z $A L....... .. _ 19 20 Ott. L to W,4'Tf RE A P L AKE r - A; 3 . Do 'OFF, =1 � Cd VADNAIS HEIGHTS 0 7 Ef 00 rl OF, . so FWA i IF 0 Ir r Avg � .���l1 _ :� -- — IL �al�aa/� -J 1 r l f li 1 1 ' , Z980 N. _ice �, p � �- - --- % � ' -- _._ _ 1 1 � � _z�� . , I d o FF 97 PAUL Z. Ov at's for FF t .0 164 0 N. d9 ---LAAKn I I —, - - — Z v am FOU �, 01 M2" LKL-AU art. 2400N. ! 77 AD- 0 Q (A) 1110 _0 0 0 c) (co)) OFF, LA FFFF P::Z7 .OJFf 3 7 8 1 11 0 SLA LITTLE CAWAO& r ! f Ntz� — — 0 91 2 N. j . a&-YW60 000 0 Wt ;I F 3M WATC" 3M AV &–i La 0 OF + 4 WORT" 21 PAUL 0 S; -, -(, . � � 1 I w ....a. ..a :l � � i y I �[V . - tit- r D 0 PLI-. , , LW . 0 :4' t ,- � -� � �-: , ( ..111 'JM`!'!i� � �7.7 C_l� � . � = I ( .� ���.- >� M w• , .(`.. M r r i�4 j~ �OI � .f �" �_• '�' a. .::F - t i ( � LA art 0 • IN -� �I �I� �s IO . 1... - • ��i!!;r • �. f •....- r - I I i a rI r .• • •i� 11 W i F . if 11 If tr 11111112 Avg !z FaD ucii L9 JD IFT I IO lie ST. P ST. PAUL IF— NUMBER OF POSSIBLE OFF-PREMISES SIGNS UNDER CURRENT ORDINANCE 110 Off-premises si shown MAP 2 l� CITY OF MAPLEWOOD PETITION SIGN ORDI AMENDMENT R Ek.QUES 1, -LIAM t M e •.a. o ow OF 0 11P.4 0 1P cow" 40 0 0146167 KW_ fill 31 z IX Aviv -Mee ( P , Z12 Tom Olur w4kew jai• ®R , It lag r 3M _ �,? FF JI 1 3M i - i.-til r Mr oil 1 lz 0 V�T 411111- r_ SRAM . so_!; CO I LITTLE CANADA � of 0 HITE BEAR LAKE �c b l i _ m ill / A *Vw 06 ���ym -~ \ ' --_—- ` ST. PAUL � 2640 N. r 3M oft it of t Go WORTH 31 PAUL ' ~ ~ ~ � ~ n ^ ' ~ v Z' to- 99 r e ^ qp Carew tZE a. h CO SURVEY OF OTHER CITIES (NOVEMBER, 1980) SETBACK LOCATIONS SPAC I N PROPERTY FROM MAXIMUM ALLOWED BETWEEN LINE MAXIMUM RESIDENTIAL BILLBOARDS MUNICIPALITY SIZE ZONES SIGNS SETBACKS HEIGHT ZONES PROHIBITED Maplewood I - V850- 6q. ft. All districts 500 ft. 10 ft. from Dependent 200 ft. 1'kv 4 lot except: R -1, intersecting on Setback 2, 3 LBC, lot lines Max . 50 f to CO only. Other- wise none Blaine 300 sq . ft. Com. or 500 ft. 30 ft. to 36 ft. above Industrial 50 ft, street grade 200 ft. Minnetonka 805 sq . ft. B3 & B4 200 ft. ft. to No Limit 100 ft. (Heavy Com .) .35 50 ft* & Industrial Coon Rapids 200 sq.ft. - General 1000 ft. 50 ft. 30 ft. 500 ft. Commercial - Shopping Center - Industrial Little Canada None allowed Existing ones are amortized New Hope - - - -- - - - -- - - - -- - - - -- - - - -- - - - -- No more allowed. Existing ones are amortized Brooklyn - - - -- - - - -- - - - -- - - - -- - - - -- - - - -- Not a l l o w e d . Center small di r, signs are, but, only in rare case Brooklyn Park 300 sq . ft. Limited. and No avail-. 50 ft. 25 ft. 300 ft. General Ind, able front Districts. spacing re- and side q u i reme n is yard 25 ft. Rear Oakdale Advertising signs only by SUP, bUt only temp. 1 V 1 '1 1 V 1 1 n 1` 1 1 1 %J i L_ L_ ` v .. a.. v .. . ..... .. .. _ ..r • - — — — _ .. . New Brighton 300 sq . ft. Bus. & Ind. 1000 ft. 20 ft. 35 ft. Dist. Freeways St. Anthony - - - -- - - - -- - - - -- - - - -- - - - -- White Bear 700 sq.ft. Industrial. 1300 ft. 40 ft. 35 ft. Lake On any free- way. Need SUP if not on freeway Woodbury 300 sq . ft. Highway 1000 ft. 50 ft. from 20 ft. Bus. Dist. R.O.W. only Roseville - - - -- - - - -- - - - -- - - - -- - - - -- Plymouth 850 sq . ft. Ind. 1500 ft. 50 ft. front 36 ft. (if exten- Zones 35 ft. rear sions are 25 ft. side used) in all cases - 75 ft. if across from res. ZUU Tte None 1000 ft. min. from any structure in a Res. Zone 200 f t. Not Allowed. No Existing ones Not Allowed. Existing are illegal } JUSTIFICATION BY NAEGELE OUTDOOR ADVERTISING February 10, 1981 MA DT VTwlnnn 1. Location The staff has ; outdoor from the. BC (M) Business /Commercial (Modified zone), We should be allowed to build in this zone as well as the other commercial and industrial districts. Outdoor has already been restricted from IIILBC, Limited Business Commercial District and CO, Commercial Office District. To compete with other advertising media, the outdoor advertising business must be able to supply proper coverage and distribution to its customers. This requires placement of our structures in all commercial and industrial districts. 2. Spacing 1. The staff has increased the spacing for outdoor s true Cures from 500 feet to 1000 feet. Control of outdoor advertising is most fair and most effective through the use of spacing between outdoor advertising structures but 1000 feet would seem to be most prohibitive. The current ordinance already increased spacing to 500 feet, why now go up to 1000 feet. We agree with spacing between outdoor advertising structures but the following spacing is much too prohibitive and would put us out of business and I am sure this is not your intent. 2. 100 feet to a commercial, industrial or institutional building 3. 100 feet to an on premise sign. The staff's reasons are that spacing and setback requirements have been added to avoid usual clutter, protect residential properties and avoid obstructions to a drivers vision. 500 feet spacing is more than adequate to avoid usual clutter and still provide the property owner an opprotunity to gain income by leasing to and outdoor company and also for the outdoor company t4 provide a ft commercial advertising and marketing need to the community, Residential properties are protected through zoning -- areas are zoned for commercial purposes and we feel we shouldn't be more prohibited than any other business. Outdoor advertising does not obstruct a drivers vision. Research shows no correlation between auto accidents and outdoor advertising signs. 3. Size The staff has restricted us. from 850 square feet to 300 square feet when they know that 686 square feet plus exte -nsion is one of our industries standard sizes. a i You say that the larger sign is only appropriate on rural free- y --ways and out of scale in a metropolitan area where as in fact the 14'x49' outdoor bulletin is the standard size in almost every American metropolitan area. You also ask why a billboard should be allowed a larger size than a business sign. Our product cannot be compared to the on- premise sign which identifies a business. Our sign is our total business and if we cannot build our standard sizes we cannot operate. 4. The staff has deleted the non - conforming s; gns section u-ncIer t o Billboard Section and says it is covered in ano ther part of the sign ordinance. Doing this changes the intent of the current ordinance and our signs would be taken down after a four year period. This kind of taking is generally referred to as amortization and simply represents a taking of property without just compensation. Under r, the current ordinance non - conforming signs are grandfathered and this should be continued. PROPOSED NAEGELE CHANGES ARE CI RCL JANCE N0. AN ORDINANCE AMiENDI NG SECTION 818 OF THE MPLE1 CODE RELATING TO SIGNS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS. FOLLOWS: The following portions of Chapter 818 of the i e,•iood Code are hereby am nd-ed to read as follows: Section 2. 818.020 DEFINITIONS. The definition of "billboard" shall be revised as f of l ows : Di 1 lboard: same as off - premises sign The defi ni ti on of "Non - accessory Si gn (Off -P.rE: se) " shal 1 be de e to d � rid replaced with the following: Off- Prenises Sign: A sign advertising a business, profession, co:--Iod service, or entertainment which is not conducted, sold, r► or offered on the premises upon which the sign is placed. Section 14. 818.140 OFF - PREMISES SIGNS 1 - Location"'' r a' add - (M), business and Commercial (Modified) District rlct b. Off-premises signs shall not be permitted on a building. 2. Spacing a. An of - ii ses sign shall not be located closer than: UGC feet to another off-premises sign on the same side of the same street. This spacing does not apply to structures separated by buildings or other obstructions in such a manner that only one sign face located within the above spacing di stance is visible f rorti the hi ghway or street a t any one ti-me. E i -; (2) Delete 100 feet to a Commercial, Industrial or Institutional building. (3) Delete - 100 feet to an on- premise sign. b. An o ! f -premi ses sign shall not be erected or main to wed in such a place or manner as to Obscure Dr otherwise physically interfere with an o f fi ci al i.ra ; fi c control device or a railroad safety - signal or si 9n.., or to obstruct or phys i cal ly interfere with the d :ers' :fiew o; a` )r Gfachi ng, }erC�i ng, Or i n L erseC L ng tr'aTTI C Tor a ofst-ance of 500 - i r e elt. ,. � -_� .r. _. .. .:.r. v.•.. ..^-. ,..s s x . ..�...... .- _wsr...- -.!._ ...r +. __....... -... -. +�.- .ter....... -.... _.. �.... � -.n-r ._ _ _. _. .. _ 3. Size.., delete ( 300) square feet and add (8 50) square feet _ - P IdUUU DdCK-LU - DdUK UT 1Il . d V - L arrangemen L 1 T Liiere ctr nu illuC' than two sign faces_ 4 . i - H e i ght The rlaximum height for off-premises signs shall be de teririi ned by the height requirements for on-premises signs in the zoning district in which the sign is located. 5. Lighting a. Of signs shall not be illuminated with flashing light or l ights, except those giving public service information such as., __but ,not limited to, tune , date, temperature, weather, or news. b. Lighting shall be effectively shielded so as not to impair the vision of any operator of a motor vehicle. c. Lighting shall not interfere with the effectiveness of or obscure any official traffic sign, device, or signal. d. Off-premises signs shall not use lights between midnight and 6 A. 6. Ground Restoration Any ground area disturbed, due to" the construction or removal of an off- premises sign, shall be restored to its original condition. a 7 . Keep the current billboard non- conforming sign section. .. r.. ... -,... _,a.v. aawrM`�. ..+a„r..s..rarqr ^V• o...s.w ...._."r..rw +.+... . NOTICE OF PUBLIC HEARING =_ z FOR A CODE AMENDMENT r Notice is hereby gi vi their meeting of April 2, Chambers of the Maplewood Avenue, will consider and proposed amendment to the Premises signs. en the Maplewood City Co,unci 1 at 1981 at 7:45 P.M. in the Council Municipal Building, 1380 Frost receive remarks regarding a Sign Ordinance regarding Off- Additional information on this proposal is available at the Department of Community Development, 1902 East County Road B ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD z A. Billboard Ordinance. The Board reviewed the proposed ordinance and also the revisions presented by Naegele Sign Company. Chairman S jol ander said he did not think billboards should be permitted in the BC (M) district. It appears that the spacing of billboards in most communities averages approximately 1000 feet. He thought this would be a good spacing for the Maplewood Ordinance. He discussed the minimum from a billboard to a building and also the maximum size of a billboard. The Board reviewed the requirements for billboards that other cities in the Metropolitan area has their code. Chairman Sjolander moved the Board recommend approval of the ordinance amending Section 818 of the Maplewood Code relating to signs as presented by staff. Board Member Phi 1 l i ppi seconded Ayes - all. MEMORANDUM TO City Manager z FROM: Director of Public Works DATE: March 26, 1981 SUBJECT: ENERGY AUDIT (MAXI— AUDIT) BID RECOMMENDATION MAXI —AUDIT (STATE) The City was awarded $700 by the State. The City is in receipt of $350. The other $350 will be available when evidence is provided that the Audit is in progress. MAXI - AUDIT (FEDERAL) The City was awarded, and accepted, $700. The money may be drawn down to cover actual expenses. A 30 day waiting period from date of request to receipt of funds must be expected. MAXI - AUDIT PERFORMANCE In total, the City has been awarded $1400 in funds. These Maxi -Audit funds were awarded for a detailed engineering analysis of possible energy- saving measures which may be applied to the Municipal Building. This analysis must be done by a qualified firm. A bid was solicited from such a firm, Environmental Engineers, Inc.. Their previous work for the City was both prompt and competent. RECOMMENDATION I recommend that the City Council approve the bid by Environmental Engineers, Inc. of $1,440. attach. Bid Proposal _ RFW s. ENVIRONMENTAL ELECTRICAL ENGINEERING °j ENGINEERS INC. MECHANICAL. ENGINEERING 0 1085 South Robert Street West St. Paul, Minnesota 55118 (612)457-5767 0 Hi Highway 8 East Box 546 9 St. Croix Falls, Wisconsin 54024 (715)483 -9225 January 28 , 1981 i Mr. Robert Williamson City of Maplewood c/o Public Works Department 1902 East County Road B Maplewood, Minnesota 55109 ' Dear Mr. Williamson: We propose to do the Maxi -Audit energy study on the City of Maplewood Municipal Building for the sum of $1440.00. Our work will include all necessary work to complete the Maxi —Audit Report as required by the State of Minnesota. The Maxi -Audit summary will be compiled into booklet form and will contain the Maxi -Audit report as well as other information pertinent to the energy study of this building. If agreeable, please sign both copies and send us one copy. Thank you. Enviro, mental E gi r C. By City of Maplewood By ______ Title Title _ �A b M E M O R A N D U M T0: City Manager FROM: Director of Community Development SUBJECT: Rezoning LOCATION: west of Keller Lake, East of Arcade Street Af PLICANT: Council Initiated DATE: March 12, 1981 - Re uest Rezone an existin larger l single family neighborhood from R -1, Residential District (single dwelling) to R -E (30), Residential Estate District. Site Description Location: Refer to enclosed maps Parcel Size: 35 acres, consisting of 31 lots with a median area of 40,170 square feet. Lot areas , range from a low of 11,250 to a high of 178,740 square feet. Existing Land Use: 26 single fami homes and accessory buildings. Two existing parcels, 2150(A) and Lot A, may be develop - ed under present minimum area requirements. The dwelling at 2100 Arcade remains to be rebuilt following a recent fire Proposed Land Use Single family dwel 1 i ngs and accessory buildings. The minimum l area for future l divisions would be increased to 30,000 square feet. Surrounding Land Uses Northerly: Highway 36 Easterly: Keller Lake Southerly: Ramsey County ODen Space Westerly: Arcade Street. Across the street, single family dwellings and a park, zoned R -1, Residential District (single family) and planned RL, Residential Low Density. Past Actions . 1. December 21, 1972: Council approved a l division for Mr. Harmon at 2138 Arcade, resulting in two lots of about 1 acre in area each. These =.lots have since been recombined. 2. - Aucust 1975: Voya Pi 1 eti ch applied for a 1 ot division which would have created a.14,000 square foot lot. Although smaller in area, this l was to have-been located on the same site as Lot A (see enclosed Property Line Map). 3. September 18, 1975: Council tabled Mr. Pi 1 etich's request until staff could prepare an overall development plan for this area. rr i 4. November 20,1975: Council adopted the following policy for development west of Keller Lake, east of Arcade Street, north of Rosel awn Avenue, and lout Highway h of Hi hwa 36: Minor additional development will be permitted d to using n exist n streets and requiring full compliance with exist- limited g 9 , Codes as to l width, , area , frontage on improved streets , and Ong City r similar requirements . n voted to den the propose lot division, due t& the fact that the Council the y p ncil added propose l was smaller than i s ,predominant in the area. G p ro p y that the would be willing to consider a l division making that l a somewhat larger one. 5. _December 4, 1975: : Counci 1 approved roved a lot division for 2140 Arcade, creating 7 lots of 41,730 and 40,170 square feet. • Council approved a l division creating a lot of approximately 6. May 20, 1976. Co pp , 00 square feet in the southeast corner of Mr. Pi 1 eti ch s property, 30,0 q presently s resentl 2128 Arcade Street. A deed was not filed for this split. 7. January 18, PP 1979: Council a a lot division for Voya Piletich, creating a lot of 16,500 square feet at 2128 2 Arcade. • d a lot division for Voya Pi 1 eti ch at 2028- Arcade, 8. July 27 , 1979. Staff approve ' 1 ar split creating a lot of 26,140 square feet. Council had approved a s imp cre 9 for approximately the same lot on May 20 1976. • conditional) approved a lot division and variance 9. April 17, 1980. Council y pp for Voya P iletich at 2130 Arcade Street, creating a 35,000 square foot lot without direct access to Arcade Street. This action was subject to the followin conditions: a. Payment of required cash connection charges provided to access the parcel - shall be b. An easement shall be filed 1 ed a ai nst the remnant parcel that :wool d c. A recordable deeds g City claim the ri ht to bui 1 d without specific approval of the y quit 9 Council. A deed has not been recorded for this lot. 10. April 17, 1980: Council requested staff to research the feasibility of establishing a Residential Estate District, with a minimum l area of 20,000 square e 9 feet for the neighborhood east of Arcade Street and west of Keller Lake, 11 June 25, 1980• Staff approved a l division for Voya Piletich, creati ng ' a . PP enclosed Property 20,430 square foot lot north of 2128 Arcade. (See Lot A on e P • a A deed has not been recorded to_ date. - Line Map.) ) f i Planning Residential Low Density, not to exceed 14 l . Land Use �P1 an Designation: RL , than persons per net acre. This neighborhood has substantially less density allowed because of the long, narrow lots. -2- W 2. Zoning: R -1, Residential District (single dwell ing) . The minimum lot size in this zone is 10,000 square feet. 3. Housing Plan Policy: T a.. -Page 31 (Proposed Plan) , Maintain and where necessary s engthen the character of individual neighborhoods. a b. Page 45, All housing should respect established housing values of the _ area in which it is located to the degree that human values, natural beauty and urban amenities are not sacrificed. c. Page 48, The community should develop land-use regulations which encourage a planned approach to housing areas by providing a variety of lot sizes and housing densities which complement the area's land use plan and the desired dwelling types. 4. Code Provisions: Section 515.030 of City Code states that where the "govern- i nq body is required to consider an exception or change in the zoning ordinance or reap in accordance with the provi si ons of this ordinance, it shall , among other things: 1. Assure itself that the proposed change is consistent with the spirit, purpose and intent of the zoning ordinance 2. Determine that the proposed change w i l l not substantially change, injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded 3. Determine that the proposed chance will serve the best interests of the Village, the convenience of the community (where applicable) , and the public welfare." Citizen Comments Staff surveyed the 26 property owners who would be directly affected by the proposed zone change. (See enclosed survey). Testimony from previous public hearings was used in the survey where a property owner could not be reached by mail or phone. Of the 23 responses received, 16 or 70/ were in favor of increasing the present minimum lot area requirement. Of the 16 in favor, 15 agreed with the suggested 30, 000 square foot minimum and one felt that a 40,000 square foot minimum would be more appropriate. Two of the respondents, who agreed that the minimum lot area should be increased, _ opposed an increase to 120 feet for minimum lot width. It was suggested-that a mi=ni mum lot width of 90 feet be considered. A letter submitted to the Council last October by Mr. Gordon Graht is also enclosed. The main objection to this rezoning comes from Voya Pi 1 eti ch ('2130 Arcade) . He has proposed to divide his property as shown on the enclosed map titled Proposed Property Line Map (1980). The lots proposed by Mr. Pi 1 eti ch would all be over 30,000 square feet and would, therefore, not be affected by this rezoning. Mr. Pi 1 eti ch' s objections to the rezoning creates some suspicions that he is actually intending to develop the enclosed 12 lot plat he proposed in 1978. Anal ys i s The main issue in this case is whether or not it is in the public interest to protect the neighborhood's existing large lot characteristics. Since this rezoning primarily affects the residents of the area to be rezoned and has little affect on overall City interests, the primary basi for a decision should be to find a � sol uti on that .satisfies the most property owners. The enclosed-ii shows that the majority of owners are in favor of this rezoning. The= affect of this rezoning on neighborhood development is as fol Tows: Assuming that two or more lots are not combined for mutual development and using a minimum l ots= area of 10,000 square feet, approximately '16 new l ot's could be created. If the. minimum were to be increased to 30,000 square feet, the potential for additional l ot creation would be reduced to approximately four 1 ots . The following parcels would be involved in the creation of these lots: Add Lots Minimum Minimum Address 10, 000 Square Feet 30,000 Square feet 2190 1 1 2150 (C 2 0 2140* 2 0 2130 10 3 2080 1 0 16 4 *Improved interior access must be provided This rezoning would be consistent with the City policy calling for the maintenance and strengthening of the character of existing neighborhoods. It would also be consistent with the policy Council adopted in 1975, that only minor additional development, which utilizes existing streets, will be permitted in this neighbor- hood. Re commen da ti on Approval of a rezoning from R -1, Residential District (Single Fami to R -E (30), Residential Estate for an area bounded to the west by Arcade Street, the north by Highway 36, the east by Keller Lake and the south by Ramsey County Open Space. Approval is based upon the following findings: 1. The proposed rezoning is consistent with the intent of the RE district. 2. The proposed change will protect and enhance the character of the existing neighborhood. 3. The proposal is in the public interest, as it is consistent with the City policies, including Council's 1975 policy limiting the area to I rrd nor additional development. 4. A minimum l area of 30,000 square feet is desired by a majority of the affected property owners. 4 w Enclosures: 1. Location Map 2. Property Line Map 30 Division Proposed by Me. Pi l eti ch ( 1980) 4. P.ro osed Plat ( 1978) _. p September 18 1980 5. Gordon Grant's s letter dated Septembe 60- Neighborhood Survey 5 • Geivols Lake Q L a e �--- ,��.r irr.r N , .""� Q KOHL MAN ._ r.r..� h ROAD -- 7 . 1. rHVL CITY COUNCIL . PETITIONER .. E ZONE CHANGE t. LOCATION MAP _ 4 1 1 10 2 200 ..,,, ► ,T . , + . V .5 oP.. ADDRESS LOT AREA 2190 \`` 2200 - 33,540 sq. ft. :. . . KELLE R 2190 -- - 98 ,450 LAKE 2 l 8�J j 87 ,12 0 • - °• = =- 2170 — 22,220 ' �o,1 ' -, 2168 15 2180 2160 72 _ ,... 2158 21 olo te r �' 2150 11,25 34 2170 16 4 `- • . ..... _ 2160 ' ' -- 22 t ., . ► 21 19 + -;rT - -- -.., -- 4 ..,► ' 2150 . ; .� ►, J�•. 21 44 33,520 • . ►•� � - 2142 41 aE ' - . . :- '''• ' 2144 ., 2140 40,170 2138 82, Q t 2140 °� ; 2142"` _ �: 2134 83 2130 1 78 5 740 . .` . X2138 �-- ��� .:., 2128 26, 1 4 0 A 20,430 �. n2134 i ► - _ "ir f ' 2128 16 X130 t'' 2126 47 480 s - ____ _ • _ i _ _ - . • 2112 2100 47 765230 2090 60,110 1-0 � N , 2128 2 080 39 12 � i 2060 53 _ , 2126" 2050 36 2048 43 • 2112 2020 43 2100` - - 2010 60 J 2008 20 470 2090 °` - ,., 1,439 650 sq. ft. , • ` 2060 „ • '.; •� -- — __ _ - - TOTAL LOTS 32 . 20 43 "^ ” ,.� R AREA MEDIAN A. 40,170 sq. ft. <<;:.. ,� -.2020 . _ ^�,�? � L_ L_ Arl AREA 48,053 sq f t. ,_f �\ �\ 2010. > >A t '200 8` - tin • ' �� CA r ••1, rob _ - J► 0.30 y � " C-17 � '• � . r i d pi0 ` X03 i- e 5 c) 61 ) - R AG � o. ,• '` .. •� • � � • _ _ -� , _ ,� �l t'�' i \ Q �aYed IN t ►� s 5 e` 4"' p ;rt `'-yam 3 c PROPOSED SPLI LINES it 3 �:•1it :•1: :•t;: • :Y •. COUNTY ROAD B f .: ::::: • .+ V, a.'..•::::::::•::; •::::. {•:'•: is . 050 =' I ••y:•::::: :::•:::•.:;:. ; .. • . 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L 312 C .r.�t�• - 4� 2. c- f!% *;.j .. - _! dc- t V C . r, for L�lr�s �, b t, r e -a 'r- " - n e V e :.�= l 30) �rC '1C al-tern oll' a ul~ LAI r3 en LAA charact'-per 01 the. area Wrl .. t ° caratri, Sa t 4r h e 1 b ',.:r,, Pile - ch� c-i'�net. 0 cp s had no 6o*2ect c;- to -a 107:� 0 Area resideii wag g cl.* %f ed a or - d3 . 7t y- j sj.a-&i_ of t:n e em 6- 'va- 8 A 6n -C an C., 212 30 r .rope-l-t�-es,,, in Vh1i V .Z V'1 C, C �is 5�..: L..v V vs. - J_ -Lije surroundiLw�-g �t�—L Lob tv CP I& sia w-as :Lno Th-i r, -0 lot#&--,%cjwPliA V n a h o a podge ol ^ .►• rL a - re b re. s Sir jan -p q set; s to b e to crG" roval lr% A to %.w il fo r app 1% r. Lre -r. C) r' 7 1% b1z r, • Iq L 3 and a i n �' v+ J J _ V . 7LY Q d S U r - L-L L • f: v P, rc; J. V L2 CY L Al Z' J C: 7%7� e s • 1--te ar e a f h �• J.iCl i V .tr y S r LA -od %s �a S C 'uc the cs 7pcn, -i r -al 0 4,s 03 WA 0 n g &. %-, - 1-he "'Clj _ kj s be %.0 0 r- C , 'V r 'U ti cl. " - U 4 2, IS I d . Of -Lin C I eiz: am . n_ C: m". e JL IL t • ... 17 11 b 0 0 C alf • to ki d -mu LEI%. S stro y this " ycu rfr7,ht to d p- - V 23 s uniqu -w-ho fa w,3� d svo a SURVEY RESULTS - PROPOSED REZONING OF RESIDENTIAL PROPERTY EAST OF ARCADE STREET ADDRESS ER OWN IN FAVOR 2200 Arcade Angeline Mahmood 2190-Arcade E. G. Hitchcock X 2180 =Arcade Ralph Tschi da X 2170 Arcade William Baumeister X 2168 Arcade Urs. C. Danielson X 2160 Arcade Maurice Hughes 2158 Arcade Thomas Kroll X 2150 Arcade Dan Holmes 2144 Arcade Jon Semeran X 2142 Arcade John Benassi 2140 Arcade Keith Bourgoin 2138 Arcade H. Harmon & N. King X 2134 Arcade Gordon Grant X+ 2130 Arcade Voya Pi 1 eti ch 21.282 Arcade Dusan Piletich 2128 Arcade Mark Fenner X 2126 Arcade Robert Kasse X 2112 Arcade Charles Mazzola * 2090 Arcade Joseph Ling X 2080 Arcade Cheri Orwi g X 2060 Arcade Gloria Nelson X 2050 Arcade D. A. Anderson X 2048 Arcade K. A. Biebighauser X 2020 Arcade Joseph Buelow X 2010 Arcade Ronald Owens 2008 Arcade Chester Degeer 2100 Arcade Linda Wolf and Peter Morris OBJECT X X X X r1 X X Dwelling destroyed by fire no forwarding address * Opposed to minimum lot width proposed + Favors RE (.40) f _ MEMORANDUM TO City Manager • Finance ~ - } FROM Director I RE Paramedic Bill -- Application for Cancellation DATE March 23, 1981 _ An application for cancellation of paramedic ambulance service charges has been received d for William LaBelle. This individual was taken to St. Paul- Ramsey Hospital ital on December 10, 1980 in response to a call to assist a disoriented person. The patient's wife is 86 years 01d and was unable to handle her husband who was suffering from senility* d as The charge for. services provide $120 as the time from arrival at the w scene to arrival at the hospital was over 50 minutes. Mr. LaBelle was billed tw c e on -i January st and February 1st. In March, their neighbor y Mr. Frank McGinley called and indicated it would be a hardship for Mr. o a his bill. Subsequently, the attached application for LaBelle t pay r _ cancellation of charges was received for the rounci 1 's review and action. cc: Public Safety Director APPLICATION FOR CANCELLATION OF PARAMEDIC: AMBULANCE SERVICE CHARGES i� NAIIE OF APPLICANT: ADDRESS OF APPLICAN T: 2 ,. - - ZIP `7` �=�• J CITY STATE ; - - PAT IENI " S NAME: DATE OF SERVICE* TOTAL CHARGES: REASON FOR REQUEST: :/ I Financial Hardship (fill out reverse side): 2. 0ther I certify `= that the income information I have supplied on this application is true and accurate& t r S ig ned : a L3 Date: -- 6, ��t�nv� - 1 I NFOR M ATION_ P INCOME �1i� =Iris any a mo�rrIt rccei fl the followini� sources by Zrri;� i ;r;'sidclnt: • Any I'trl�lic A�,sis ;.once, iricltrditrg taut not limited to V` P f 31'e, AFDC, SS 1, and Unemployment Curn1101►sation Pensions and AnnuiticS, inclLrding F'CRA and Social Sr;crrr ity . 41 Estate or Trust income e= Gains from the sale of property c,r securities e VA Educational Grants o Salaries, including commissions, bonuses, overtire pay an t;Ps o Interest and Dividends • Rental inLorne Business PI --- for self- empioypd individuals, including Farmers ® Payments received from properties being sold on Contracts for Deed �� Include their aces and t1 �cir incomes l ifi any): • our household. Include yours..lf. Includ _ List all residents rJf y � e xpect to ref�eiv�; during • � me which our housc-holc� can rea�ona�lY 1 Income listed sl�c;�l1d include III inco Y the next 12 n7on..-fps. I P r�^r,r.tt,c of h hr�r mii hold fn, P ranter , ►.. Hvinr �_, in :P he an - pal n c ��-�-„ t- Pr, �' t ,,� a P PrSOrr, ot tll R _ the year, or a pErson �rVl � is claimed as a dependent for income tax. purpose ' ��riE OF AGE OF INCOME OF URG OF INcO!JIE tti � O RESIDENT RESIDEN .-- ------ .. licable) HESI CENT (including employers add, ess, if app (per month) -C iL t J per year - per month . �- �'., � �� TOTAL INCOME. - i � MEMORANDUM TO City Manager FROM Finance Director � Bill • Appli for Cancel l ate on of Wm. LaBel 1 e s Ambul RE - DATE March 30, 1980 Germain Flaxman at the Medicare office, the current status According to of Mr. LaBel l e ' s claim for the above b i l l is that his c ase is closed he hasn't supplied the information they requested* without payment because The case could be reopened once the requested information is s upplied. If the clam is a pproved, $36 would be paid by Medicare toward the ambulance bills s re asonable considering the fol lowing The amount charged Mr. LaBelle ' � ambulance rates in effect. at other cities: St. Paul $65 to transport only and $100 if paramedics provide emergency services Cottage Grove $70 to transport only and $200 if paramedics provide emergency services • e Hennepin County $143 charged regardless of distance or time g involved. cc: Public Safety Director "8. MEMORANDUM TO: City Manager FROM - Director of Public Works . DAT March 26, 1981 SUBJ ECT : PUBLIC IMPROVEMENT PETITION ENGLISH STREET Attached is a petition for public improvements to serve English Street from Kohlman Avenue to approximately 630 feet north. The petition is signed by 1000 of -the abutting property owners. The property owners on both sides of the st reet apparently intend to sell lots if the improvements pp Y are made. This raises a question about the financing of the proposed project. The current requirements are a combination of the City platting lattin code, City assessment policy and precedents that have been established through various Council actions coverin g improvement rovement projects. Property developers are re- quired to pay the entire cost of all internal plat improvements (improvements which directly serve the plat, i.e., local street and utilities) . The developer has the option of providing his own engineer and contractor to construct the project under City supervision or have the City construct the improvements under ' urchase and contract requirements. In either normal municipal p case, the developer is required to provide a certified check or irrevocable letter of credit to the City to guarantee payment of project costs. p In the case of external improvements needed by a proposed plat (collector street and trunk utilities which benefit other properties) , the Council, when it deemed it advisable, has improvement under Chapter 429 of the Minnesota Statutes. made the improv owever, the Council has required the primary In recent projects, h � developer to pay for his proportionate share o f the cost under the terms of a p nts. develo er's agreement rather than standard assessme t from the petition sponsor requesting the Attached is a request P • ' ns of Chapter 429 Y Cit to assess the project under the provisio P. is of the Minneso Statutes. Financing the project through assessmen r inter reted as a departure from City policy. However, • could be P • the Council may wish to allow as financing in this situation since the term "developer is somewh at ill - defined. wishes to proceed further with this petition, a If the Council w P feasibility study should be authorized with some direction as to the method of financing to be considered. r unders i ned , do hereby the Counci o of the City of Maplewood to: i l NtPe,ev� � . W A, and t Village Council in accordance with t P he rovi si- - ons of Ni pnesota Statutes, Chapter 429; a and that the cost thereof be assessed against bene f fi tted property as provided by said Chapter 429. OWNER STREET ADDRESS ESS L LEGAL DESCRIPTION FRONT D DATE AGE l ze?s `C Q oY- 12- 3 �lc?•� v S S Ji' A Q © � • r • above s i natures and the proposed improvenments were I certify that I have witnessed the g � P discussed with the si nets . Yc4.-e 0 R'Y__�� b: r . D TE (pETITI@14 SNON -'.) April 2 , 1981 COU-NCIL 1-1r513 : Petition for Public Improvements, which concerns the In regards t o our extensio of Eng lish Street We ask for the following exemption. Currently , it is Ci t y policy olic to r a developer to give the City a Letter of Credit Q for 150% of the cost of the Public Improvement. We , understand how this insures the City that these improvements are to be paid for. We would like to have this requirement waved in this case'. based on the following The two prop erty oxmers in (John Tucci ; Lot 12, Kohlr_lans Addition and P P John S in oc, atny , , • Lots 73 � 74 Gardena Addition) are both retired and on Fixed y Incomes. Ct� o y Y lic dictates the furnish a letter of cre it for $195,000. � _ This is based on an estimated cost of $1.30 for the pr. of ect . ;die then owner has access to those kinds of funds. With this in mind, we have but trvyo choices taaved and assess the developed property, or (2) Pave (1) r_3ve this req uiremen t the project come to a complete halts Niethey of the prole erty ox-mers is out to t�ecome a developer. They happen to have _land that could be sold for T?ousing Construction. This is evident by the prices being asked for the properties, currently, $5,000 each. . used on this,, the net cost per lot will be under $15 ,000, which in the current Real Estate market, will make them very saleable* Due to the above stated facts, we feel that our package is very saleable and therefor, that the City is in a no risk situation. The sale of the lots will core uickl upon the decision to proceed with the street construction and q Y P the funds will be available to pay the assessments. Thank You for your time and -consideration in this matters, . s - t I _ w Of 40 i — � _. • mss, c 5 5 IP 1 t i - - l r w } e • { t M f • V 1 s -A 410 K Q L t�r� A t� V �.' K O H L M A N Y ► s �..; 1 ( •► • l Z $ l I 4 �a Scale PETITIONED IMPROVEMENT 200' ENGLI STREET Dote: 3/ 26181