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HomeMy WebLinkAbout1981 07-16 City Council Packety P AGENDA Maplewood City Council 7:00 P. M. , Thursday, ..July 16 1981 Municipal Administration Build* nq Meeting 81 -15 (A) CALL TO ORDER , B) ROLL CALL (C) APPROVAL OF MINUTES 10 Minutes 81 -9 (May 7 ) (D) APPROVAL OF AGENDA (E) CONSENT AGENDA A1.1 matters listed under the consent Agenda are considered to be routine. by the City Council and will be enacted by one motion in the form listed below. There w i l l be no separate discussion on these items. If discussion is - de- sired, that item will be removed from the Consent Agenda and will be con- sidered separately. z 19 Accounts Payable 2 Budget Chance: Asphalt overlay 3. Cancel 1 ation of Interest: MnDOT 4. Ripley Avenue Watermain Improvement 5. Keller Parkway Sanitary Sewer Improvement 60 Final Approval: Revenue Notes - Voght Fourre ` 70 Reclassification of North St. Paul Road 8. Pay Scale for.Puppeteers: Special Event (EA) Presentation: Ramsey Clinic Associates (F) PUBLIC HEARINGS 1. Tree Assessments 80 -6 (7:00) 2. Preliminary Plat: Carsgrove s Meadows (7:15) 3. Board of Adjustments & Appeals a. Variances - Carsgrove's Meadow (7 :15) 4. Condor Storm. Sewer (7:30) 5. Revenue Note: Pearson & Li ndbec k (7:45) 6. Rezoning: Woodlynn Avenue and McKnight Road (Nettleton) (8:00) 7. Special Use Permit: Beam Avenue (Junek Construction) (8:15) 80 Board of Adjustments & Appeals a. Variance: Beam Avenue (Junek Construction) (8:15) (G) AWARD OF BIDS 1. Sod: North Hazelwood Park (H) UNFINISHED BUSINESS 10 Valley Branch Watershed Assessments 2. Sign Code Amendment: Billboards (I) VISITOR PRESENTATION (J} NEW BUSINESS 1. Sale of City Property: Radatz Avenue 2. I- 494 /Century Avenue Interchange 3. Resolutions of Appreciation 4. Linwood Avenue Improvement 5. McKnight Road Waterma i n (K) COUNCIL PRESENTATIONS 1. 2. 3 4. 5. 6. 7. 8. 10. (L) ADMINISTRATIVE PRESENTATIONS (M) ADJOURNMENT f MINUTES OF MAPLEWOOD CITY COUNCIL t 7:30 P.M., Thursday, May 7; 1981 Council Chambers, Municipal Building Meeting No. 81 -9 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 MINUTES 1. Minutes of Meeting No. 81 -5 (March 5) Councilman Anderson moved that the-minutes of Meeting No. 81 -5 (March 5, 1981) be approved as submitted Seconded by Councilman Bastian. Ayes - all. 2. Minutes of Meeting No. 81 -6 (March 19) Councilman Anderson moved that the Minutes of Meeting No. 81 -6 (March 19, 1981) be approved as submitted. Seconded by Councilman Nelson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Dog Ordinance 2. Easement on Four Seasons Park 3. Double and Quad Design 4e Cable T.V. 5. Commission Liaison 6. Sterling - Larpenteur- Howard 7. Metro Waste Control Commission 8. Battle Creek 9. Cope Avenue 10. Montgomery Ward 11. Carsgrove's Meadows - Feasibility 12. Linwood Avenue - Feasibility E. CONSENT AGENDA Council removed Item E.2 to become Item J -5. Councilman Anderson moved, seconded by Councilman Bastian, Ayes - all, to approve the Consent Agenda, Items 1, 3 through 5 as recommended: - 1 - 5/7 4 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check No. 005682 through Check No. 005762 - $252,612.27; Check No. 009815 through Check No. 009984 - $147 Part II - Payroll, Check No. 01373 through Check No. 01497 - $51,540.32)in the amount of $451,424.92. 3. Safe Deposit Box Resolution Resolution No. 81 -5 -87 RESOLVED, that, until written notice to the contrary is given by this corporation to the Safe Deposit Department of the Maplewood State Bank access to Safe Deposit Boxes (herein called safes) standing in the name of this corporation in the vaults of the above named bank shall be had by the following: Daniel F. Faust, Finance Director Arline Hagen, City Treasurer Any one of them shall have full authority to enter said safes and to make deposits therein or remove any part or all of the contents thereof, to rent safes and to execute leases thereof in the name of this corporation, to amend or cancel said leases, to exchange or surrender the safes, and in all other respects to represent this corporation. 4. 1980 Annual Financial Report and Audit Copies, of the 1980 Annual Financial Report and Audit were distributed. A meeting with the supervisor of the City's Audit, Bob Voto, and Council will be May 18, 1981 at 5:00 P.M. 5, Budget Transfer: Legal Costs Authorized a $10,000 transfer from the contingency account 701 -212 -4910 to the operating budget account 701 -211 -4480 to finance the legal costs for the City to challenge the proposed Metro Waste Control Commission sewer rate charges for storm water run off. 1 F. PUBLIC HEARINGS 1. Bike Lanes: Prosperity and County Road B - 7 :00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the construction of bike lanes on Prosperity Road and County Road B. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mayor Greavu called for proponents. The following were heard: Mr. Frank McGinley, 2044 Prosperity Road d. Mayor Greavu called for opponents. The following persons expressed their opinions: Mr. James Weist, Employed by Group Health e. Mayor Greavu closed the public hearing. - 2 - 5/7 f. Councilman Anderson introduced the following resolution and moved its adoption: 81 - 5 - 88 WHEREAS, after due notice of public hearing on the construction of bicycle lanes and necessary appurtenances on County Road B - Prosperity Road, Bicycle Lanes (Improvement Project 81 -10) a hearing on said improvement in accordance with the notice duly given was duly held on May 7, 1981, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, AS FOLLOWS: 1. That it is advisable, expedient and necessary, that the City of Maplewood approve the construction, by Ramsey County of bicycle lanes and necessary appurtenances on County Road B - Prosperity Road, Bicycle Lanes (Improvement Project 81 -10) as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is hereby directed to afford cooperation to Ramsey County for the making of said improvement. 3. This improvement is hereby designated to be Maplewood Project No. 81 -10. Seconded by Councilman Nelson. Ayes - all. 2. Preliminary Plat and Street Vacation: Bollman - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Castle Design and Development Co. for approval of a proposed preliminary plat and to vacate Sandhurst Avenue from VanDyke Street to Hazel Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend that the City Council approve vacation of Sandhurst Avenue from Hazel Street to a point 175 feet west, on the basis that: 1. It would be cost - prohibitive to develop this portion of the right -of -way. 2. It serves no public purpose and is in the public interest to vacate. Commissioner Kishel seconded. Ayes all. Commissioner Fischer moved that the Planning Commission recommend that the City Council indefinitely table consideration of the vacation of Sandhurst Avenue from VanDyke Street to a point 420 feet to the east until it is determined that the subject right -of -way is not needed for the development of inner block property. Commissioner Kishel seconded. Ayes - all. - 3 - 5/7 Commissioner Fischer moted that the Planning Commission recommend to the Board of Adjustments and Appeals approval of variances to allow 73 feet of frontage for lots 1 and 2 and 74 feet of frontage for lot 3, on the basis that: 1. Approval would assure property separation between structures and, therefore, be in keeping with the intent of the Code. 2. Strict enforcement of the Code would require moving of the existing structures, which would constitute an unnecessary hardship. Commissioner Kishel seconded. Ayes all. Commissioner Fischer moved that the Planning Commission recommend that the City Council approve the requested preliminary plat subject to: 1. Payment of sewer cash connection charges for lots 1 and 2 2. Evidence of an adequate well water supply. 3. City Engineer approval of the final grading and drainage plan. Commissioner Kishel seconded. Ayes all." d. Mr. Ken Gervais, Castle Design and Development Co., spoke on behalf of the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons expressed their concerns and opinions: Mrs. Kathy Ward, 1861 E. County Road B Mr. Ron Launderville, 2194 Van Dyke Street Mr. Jim O'Keefe, 2201 Hazel Street Mr. Ken Brown, 2182 Van Dyke Street Mr. Don Chlebeck, 1863 E. County Road B Mr. James O'Keefe, 2201 Hazel Street Mrs. Connie Launderville, 2194 Van Dyke Street f. Mayor Greavu moved to vacate all of Sandhurst Drive at this time and tha consideration will be given to Mr. James O'Keefe when and if he wishes to develop his property. Seconded by Councilman Anderson. Councilman Bastian moved to amend the motion to approve the vacation of Sandhurst Drive from Hazel Street to a point 175 feet west subject to the conditions presented in the staff report. Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen Bastian and Nelson. Nays - Mayor Greavu, Councilman Anderson. Voting on :the original motion: Ayes - Councilperson Juker, Councilmen Bastian and Nelson. Nays - Mayor Greavu and Councilman Anderson. g. Councilman Bastian introduced the following resolution and moved its adoption: - 4 - 5/7 81 -6 -89 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described Sandhurst Avenue, west of Hazel Street, and east of the northern extension of the east line of the west 120 feet of the east 295 feet of lots 1 and 2, block 30, Smith and Taylor's Addition, Section 2, Township 29, Range 22 WHEREAS, the following property is affected by the street vacation: 1. Except the west 160 feet, lot 2, block 19, Smith and Taylors Addition 2. The East 175 of lot 1, block 30, Smith and Taylors Addition. WHEREAS, the Maplewood City Council finds that the vacation of the above described street in the interest of the public due to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions.of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, based on the following reasons: l.. It would be cost - prohibitive to develop this portion of the right of way; 2. It serves no public purpose and is in the public interest to vacate. Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen Bastian and Nelson. Nays - Mayor Greavu and Councilman Anderson. h. Councilman Bastian moved to approve the Bollman Addition preliminary plat subject to the following conditions: 1. Payment of sewer cash connection charge for lots 1 and 2; 2. Evidence of an adequate well water supply; 3. City Engineer approval of the final grading and drainage plans. Seconded by Mayor Greavu. Ayes - all. Mayor Greavu recessed the meeting to convene as the Maplewood Board of Appeals and Adjustments. Mayor Greavu reconvened the meeting at 8 :25 P.M. 4. Preliminary Plat - Chesterwood 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Garet M. Bros for approval of the preliminary plat of Chesterwood Addition. The Clerk noted the dates of publication and stated the hearing notice was in order. b. Manager Evans presented the staff report... - 5 - 5/7 c. Commissioner Lorraine Fischer presented the. following Planning Commission recommendation: "Commissioner Pellish moved that the Planning Commission recommend approval of the preliminary plat, subject to.the following conditions: 1. Dedication of an additional three feet of right of way for McKnight Road; 2. Driveways shall be limited to the Cul -de -sac; 3. Submission of a developers agreement before final plat approval; 4. Change the street name to a name mutually agreeable to the developer, public safety and staff; 5. The driveway on lot 5 shall be constructed to channel run off from the drive to the cul -de -sac. Commissioner Whitcomb seconded. Ayes d. Mr. Garet Bros, the developer, spoke on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Anderson moved to approve the preliminary plat of Chesterwood Addition subject to the following conditions: 1. Dedication of additonal three feet of right of way for McKnight Road; 2. Driveways shall be limited to the cul -de -sac; 3. Submission of a developers agreement before final plat approval; 4. Change the street name to Timber Trail; 5. The driveway on Lot 5 shall be constructed to channel run off from the drive to the cul -de -sac. Seconded by Councilperson Juker. Ayes - all. 5. Rezone: Woodlyn Avenue and McKnight Road - 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Mack Nettleton to rezone a 7.67 parcel of land on the north side of Woodlyn Avenue, west of McKnight Road from F, Farm Residence, to R -3, Multiple Dwelling. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. ;c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Ellefson moved that the Planning Commission recommend to the City Council approval of the requested zone change from F (Farm Residence) to R -3 (Mul- tiple) based on the finding that the proposed zoning is consistent with the Land Use Plan. Commissioner Kishel seconded. Ayes - all." - 6 - 5/7 d. Mr. Mack Nettleton, the developer,.spoke on behalf of his request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following area residents expressed their concerns: Gene Adams, 2226 E. County Road D Joe Peterson, 2223 Lydia Avenue William Stafki, 2234 E. County Road D g. Mayor Greavu closed the public hearing. h. Councilman Bastian moved to table the rezone request of Mr. Mack Nettleton until such time as the Land Use Plan is presented to the Council and that the Council will then have an opportunity to discuss the than es in the proposed area along with the entire area bounded by Ariel, County Road D, Lyida, Furness Court and McKnight. Seconded by Councilperson Juker. _Ayes - all. $. Revenue Note: Atlantic Street and Highway 36 - Racquet Club - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request. of the Maplewood Racquet Club, Inc. for approval of Industrial Revenue Notes in the amount of $1,200,000 to construct a racquet ball club at Atlantic Street and Highway 36. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the C. Mr. Mark Haggerty, attorney requested the hearing be tabled d. Councilman Bastian moved to until the meeting of June 4, 19 Seconded by Mayor Greavu. staff rep re until table 81. report. senting the Maplewood Racquet Ball Club, the meeting of June 4, 1981. the public hearing for the Revenue Note Ayes - all. Mayor Greavu recessed the meeting at 9 :15 P.M. to reconvene as the Board of Adjustments and Appeals. Mayor Greavu reconvened the meeting at 9:57 P.M. 7. Rezone - Lot Division: 750 E. Viking Drive - 8 :15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Arnold Triemert to rezone the property at 750 E. Viking Drive from F (Farm Residence) to R-2 (Double Dwelling) and a lot division to allow separate ownership of each half of a double dwelling. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: - 7 - 5/7 "Commissioner Kishel moved the Planning Commission recommend to the City Council denial of the requested zone change for 750 E. Viking Drive based on the following: 1. The proposal is not consistent with the intent of the Land Use Plan. 2. The proposal would substantially injure or detract from the use of adjoining properties. Commissioner Ellefson seconded. Ayes - 4 (Commissioners Pellish, Kishel, Barrett and Ellefson) Nays - 3 (Commissioners Whitcomb, Hejny and Fischer) Motion carries." d. Mayor Greavu called for proponents. The following were heard: Mr. Arnold Triemert, the applicant, 750 E. Viking Drive. e. Mayor Greavu called for opponents. The following were heard: Mr. Robert J. Travers, attorney for Carl Pedro; Mrs. Mary Pedro, 770 E. Viking Drive. f. Mayor Greavu closed the public hearing. g. Councilman Anderson moved to deny the request of Arnold Triemert to rezone 750 E. Viking Drive from F (Farm Residence) to R -2 (Doubl Dwelling) based on the . f o l lowing findings: 1. The proposal is not consistent with the intent of the Land Use Plan, 2. The proposal_ would substantially injure or detract from the use of adjoining properties. Seconded by Councilman Bastian. Ayes - all. h. Councilman Anderson moved to deny the lot division as requested by Mr. Arnold m -- ! - --- - --. Seconded by Councilman Bastian. Ayes - all. G. AWARD OF BIDS 1. Tree Removal a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 5 - 90 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Clark Landscaping in the amount of $4.35 per inch of diameter, is the lowest re- sponsible bid for completion of Project 81 -6, Removal of Diseased Shade Trees, and the Mayor and Clerk are hereby authorized and directed to enter into a con- tract with said bidder for and on behalf of the City. Seconded by Councilman Anderson. Ayes - all. - 8 - 5/7 2. Southlawn Avenue Improvements a. Manager Evans presented the staff report. b. Councilman Anderson introduced the following resolution and moved its adoption: 81 — 5 — 91 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Total Asphalt Construction Company, St. Paul, Minnesota, in the amount of $156,905.65 is the lowest responsible bid for the construction of Southlawn Drive (Improvement Project 79 -15), and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Mayor Greavu. Ayes — Mayor Greavu; Councilperson Juker, Councilmen Anderson and Nelson. Nays — Councilman Bastian. H. UNFINISHED BUSINESS 1. Resolution: Feasibility Studies a. Manager Evans presented the staff report. b. Mayor Greavu moved to table Item R -1 until the meeting of May 21, 1981. Seconded by Councilperson Juker. Ayes — all. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. One Hour Parking: English Street a. Manager Evans stated a representative from Truck Utilities has requested a one hour parking restriction for the east side of English Street between Highway 36 and Gervais Avenue. It is recommended that since this is a commercial area and in view of the enforcement problem, no action should be taken. b. No action taken. _. 2. Special Exception: 1700 Frank Street (Brown) a. Manager Evans presented the staff report. b. Commissioner Lorraine Fischer presented the following Planning Commission recom— mendation: "Commissioner Fischer moved that the Planning Commission recommend the City Council approve a one year permit for the proposed home steam cleaning business, subject to compliance with the criteria outlined in the Planning Commission Subcommittee report. - . Commissioner Whitcomb seconded. Ayes all." - 9 - 5/7 c. Councilman Bastian moved to ap rove a one year home occupation ermit as requested by Ron and Kathy Brown to operate a steam cleaning business at 1700 Frank Street subject to compliance with the criteria as outlined in the PlanninE Commission report. Seconded by Mayor Greavu. Ayes - all. d. Mrs. Delores Jorgenson, 1703 Duluth Street, asked questions regarding the home occupation permit. ' 3. Revenue Note: Planning Commission Role a. Commissioner Lorraine Fischer presented the following Planning Commission report: "The following motion was adopted by the Planning Commission at their meeting of April 20, 1981: In view of the revenue note criteria most recently adopted by the City Council, it is suggested that the Planning Commission be relieved of its review role in the process. The present criteria are so broad that it is felt there is no need for Planning Commission input and the.inordinate amount of time spent by the Planning Commission on these matters is no longer justified under these conditions. If the Council continues to feel that issuance of these bonds is appropriate and a continued use of this vehicle will be allowed by the legislature and congress, then unless there is a change in the criteria which impact directly upon the planning process, it is recommended that the Planning Commission be spared this time consuming review of revenue notes because the present criteria are so broad." b. Councilman Bastian moved to table Item J -3 until the Council has had an opportunity to review the staff report. Seconded by Mayor Greavu. Ayes - all. 4. Carver Lake, Woodbury a. Manager Evans presented the staff report. b. Council directed Staff to send Woodbury Maplewoods ordinance regarding boating regulations. 5. Feasibility Study - Linwood Avenue Improvement Project 80 -15 a. Manager Evans presented the staff report. b. Councilman Bastian introduced the following resolution and moved its adoption 81 - 5 - 92 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of Linwood Avenue 1320 feet east of McKnight Road by construction of sanitary sewer, watermain and appurtenant work; 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 Linwood Avenue 1320 feet of McKnight Road by construction of sanitary sewer and watermain and appurtenant work is feasible and should best be made - 10 - 5/7 as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for and or a portion of the cost of the improvement according to M.S.A. Chapter 429 at an estimated total cost of $146,894.009 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on-Thursday the 4th day of June 1981, at 7 :15 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: 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 place within the said City: Date: June 4, 1981 Time: 7 :15 P.M. Location: Council Chambers City Hall 1380 Frost Avenue The general nature of the improvement is the construction of sanitary sewer, watermain, and appurtenant work in the following described area: LINWOOD AVENUE 1320 FEET EAST OF MCKNIGHT ROAD The total estimated cost of said improvement is $146,894.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. This Council proposed to proceed under the authority granted by Chapter 429 M.S.A. Dated this 7th day of May, 1981, BY ORDER OF THE CITY COUNCIL /s/ Luc E. Au relius City Clerk Seconded by Mayor Greavu. Ayes — all. K. COUNCIL PRESENTATIONS 1. Dog Ordinance — 11 — 5/7 a. Councilperson Juker requested the Maplewood Dog Ordinance be placed on the agenda for discussion, 2. Easement - Four Seasons Park a. Councilperson Juker stated she has had calls regarding the Four Seasons Park easement and requested it be referred to staff to gather the background information. 3. Double and Quad Design a. Councilperson Juker requested the proposed Double and Quad Design Ordinance be placed on the future agenda for discussion. 4. Cable TV a. Councilperson Juker moved that Councilman Anderson be a pointed to the Cable TV Commission to replace Councilman Bastian. Seconded by Councilman Bastian. Ayes - all. b. Councilman Anderson moved to appoint Councilperson Juker as an alternate member on the Cable TV Commission. Seconded by Councilman Bastian. Ayes - all. 5. Commission Liaison a. Councilman Bastian suggested that the Council members be appointed to act as liaison to each commission. b. No action taken. Councilperson Juker moved to waive the Rules of Procedures and extend the meeting past the deadline. Seconded by Mayor Greavu. Ayes - all. 6. Sterling - Holloway and Larpenteur a. Mayor Greavu stated Sterling Street between Holloway and Larpenteur is in bad condition. b. Staff will investigate. 7. Metro Waste Control Commission a. Mayor Greavu stated the City of St. Paul is pumping the water from the pond at Burns and McKnight into the sewer system. Is Maplewood going to have to pay for this? b. Staff will investigate. 8. Battle Creek a. Mayor Greavu questioned if Maplewood is going to contest the Battle Creek assess- ments. The Watershed District lowered Oakdale and Woodbury assessments. b. Staff will investigate. - 12 - 5/7 L. ADMINISTRATIVE PRESENTATIONS 1. Cope Avenue a. City Attorney John Bannigan reported on the Cope Avenue condemnation. b. Councilman Anderson introduced the following resolution and moved its adoption: 81 - 5 - 93 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD WHEREAS, the Maplewood City Council authorized its City Attorney to initiate proceedings in eminent domain to acquire the site for the so- called Cope Avenue Park; and WHEREAS, the Commissioners' duly appointed by the District Court to ascertain and report damages for the taking of said site filed their report and awardes of damages August 1, 1980 in the amount of $137,930; and WHEREAS, the Respondent - Owners appealed from said Award of Damages for a trial de novo; and WHEREAS, the issue of damages was tried to a jury, which rendered its verdict for the amount of $270,000 the 23rd day of April, 1981; and WHEREAS, the jury verdict exceeds the acquisition budget for the park site. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood that the City Attorney be, and hereby is, directed to discontinue and dismiss the proceedings in eminent domain pursuant to Minnesota Statutes, Chapter 117. Seconded by Councilman Nelson. Ayes - all. 2. Montgomery Ward a. Mayor Greavu moved to approve the payment of $15,061.53 for purchase of property from Montgomery Ward & Company in connection with the Gervais Avenue improvements. Seconded by Councilman Nelson. Ayes - all. 3. Carsgroves Meadows - Forest Street a. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 5 - 94 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement by construction of sanitary sewer, watermain, drainage works, streets and appurtenant work; 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 improvement concerning the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: - 13 - 5/7 Forest Street (proposed) from Keller Parkway to Leola Road. Cypress Street from Connor Avenue to County Road C. Connor Avenue (proposed) from Cypress Street to 200' west, and the improvement of Gervais Avenue (proposed) by construction of sanitary sewer, watermains and all necessary appurtenances from the present westerly terminus of Gervais Avenue westerly to Forest Street (proposed) and the construction of storm sewers, ponding areas, and appurtenances in the following described area: Those lands lying west of T.H. 61, Northerly of T.H. 36, easterly of Keller Parkway, and southerly of County Road C. and the construction of watermain and all necessary appurtenances along County Road C from Forest Street (proposed) to approximately 600 feet West of T.H. 61 is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with 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 $769,127.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the 4th day of June, 1981, at 7:15 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: 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: June 4, 1981 TIME: 7:15 P.M. LOCATION: Council Chambers City Hall 1380 Frost Avenue Maplewood, Minnesota 55109 The general nature of the improvement is the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: Forest Street (proposed) from Keller Parkway to Leola Road. Cypress Street from Connor Avenue to County Road C. Connor Avenue (proposed) from Cypress Street to 200' west; - 14 - 5/7 and the improvement of Gervais Avenue (proposed) by construction of sanitary sewer, watermains, and all necessary appurtenances from the present westerly terminus of Gervais Avenue westerly to Forest Street (proposed) and the construction of storm sewers, ponding areas, and appurtenances in the following described area: Those lands lying west of T.H. 61, Northerly of T.H. 36, easterly of Keller Parkway, and southerly of County Road C and the construction of watermain and all necessary appurtenances along County Road C from Street (proposed) to approximately 600 feet West of T.H. 610 The total estimated cost of said improvement is $769,127.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 7th day of May, 1981, BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk Seconded by Councilman Nelson. Ayes — all. M. ADJOURNMENT 11:06 P.M. City Clerk 1� _ 5/7 1T Y OF MA A C C O U N T S P A Y A 8 L E DATE 07 -16o-81 PAGE 1 PHECK* A M 0 U N T C L A 1 M A- N T P U R P 0 S E Y S 005990. `� 1 , 9782:00 L OF MINK CITES SUBS t3NSF lE E S -w 005991 _ . 62: 0 SEC +PARKS ASSOC SU PROGRAM O 05 992 135.50 MANN STATE TREASURER STATE D/L FEES PAY • 3 E N N TAT -E R - 'P'V'Y - K - - u l 005994 t, 8.00 METRO AR EA MG ASSOC TRAV + TRA 005995 329.00 MINN STATE TREASURER STATE O /�. FEES PAYABLE 0 U 5 996 2 9 113.6 v ASE E U �R 005997 290.00 EA AIR LI S TR AV E L + TRAINING 005998 135.00 AMERICAN PUBL TRAVEL + TRAINING 05 999 1, • 2 .31 - ZTAT E T A-� t 0 N �- 0 06000 ' 3 r MN STATE` TREA S F• E.R. A. 0E� �AYA3�.E .006001 79900932 MN S TATE ; REASU�CEs� - i� E RA �' E•R. A. DE PAY'A3�E R.1 BUT�., _ 00 6002 73.00 nAMSEY CO C . OF 3I.S�' - CNTY C/ FEES PAYABLE 016003 19246.25 MINN STAT E TREASURER CEPOSI tS- DEPUTY R�GIST. 0 0 6 v �' "XT -- T A ZW K — - f A - A 006005 750. X 3 POS PP.EPAIO XPENSE 00600E 222.50 MINN STATE TR E.AS STATE O!L FiES PAYABLE -_� 006007 --.- mss —� iv��TA T t �RTA� E. - :. P E71 -sl : _ 0 06 00 400 COkOTNY M A= 8 CK E R A/R - PARAMEDIC 006009 2, 059.75 MINN STATE E �'REASURER OEPOSI TS-CEPUTY RE GI ST. a 6 0 i uft i7Yt�`�i - �A ��tft - k - E�$ s ` - -- OD6 0i1 174.00 MINN STATE TREASURER ONR LICENSE FEES P 9L �J-s � •Y W..aw:4[t:i�C�.ir.il.wi s � S1Vtyf } i •a'y a ' Gj � + M �K �: �.. 'ti?'iM '. � . Fr.. , ._. _ DATE 07-16- 8i P G- T A Ew l T ) Y OF M P� OOD A P A L E C C G U N T S A a H " C * A G � M O U N T G L A I R A P U R P O S E .. 327: �� .� �-� tASU - -_ _ R Mi�4N STAT E Q t ST ATE D!L F EES PAY A 9�E 0 �:6 12 - 2, 999.9 �. t M I NN S T AT c T R EASU RER DE RE GIST. _ - -- -- _--- _- -_ - - -- SU FOLI ES, O FFICE C 714 10. 01 TR1SHA FOX �. 15 100 . 30 ---- �, DOUGLAS OULAC FEES, S� R V I C July 4th activities • JL 3 T. =� �. M S T AT c T R E A S U R ER DE P OST TS - C ' UT'� P,E G I S3 - -_ ___- __--_ _- - --- -- Q b 1 1 _ _ _ 3�+7.5C M�.;�N STATE TREASURER O C 6..17 RAMS�Y CO CL.��{ G� r DiS� Q -- - - CC6iS 116.50 i n 135. C DOUGt. OULAC _ - F E ES SEA V i CE .. - :Jul - 4th -. act±V - es Cb 2c3 .. 15 - 32•• ENTERTAI��M =.NT iNC c--�. SEPUIC E�, � July 4th activities - -RE - J MI� U R S E MEN T _ l - t5 u . l 946 -• - RE MI STATE TASUR' 13= POS T S-0 EPUT Y R GIST . -- - -- i .25 - � i.:;; J -- MI NN STATE T to SUR.�.R STATE D!L FEES PAY A9�E � rs _ I HUT ;, fl6�5 t� � 3 6 9 2. 0 7 �- I N S � N MUTUAL LIFE INS C O C O A/R - INS CONTINUA NCE � - .__ -�t� -� �-- �L'- INS - �_ A-3 --- -- ANO -LIFE It4S DEO o AY AB.. Ai O- DENT A I�;S PAY A B L � • AN 0- CONTRI BUT10 NSi I Is SUK -- - - ZA Ay A _ ., 1E, 2. Cy - 1CHA RET�REME -NT CORP D= F =RRE9 COMP PAY.A BL. _ _ V- 4 203 CO - ,.- .� ,,.. S Y S T Mai STATE RUI REMENT L D����� E D C Y �► B ' 1 QMP PA -- - --- -_ �C6�28 � - _ 17 658.35 -- --- - T �� -- Hl LLCREST MIDAMc FEtO INCOME TAX PAYABLE G068�29 � . ITY OF MAPLEWOOD :::_. A C U N T S P A Y A 8 L E LATE 07 -16 -81 PAGE 3 CwHE C K* A M C U N T : C A I M A N T P U R P O S E I ��T6 10 STA T L O N . Ml NN 0 - TA X - P - AYA - 9 00 6031 297* 43 AFSC ME LOCAL 2725 , UNION OUES FAY AB: E RE FEES PAYA 006 532 21900 METRC SUPER VISORY ASS UNION DUES P OC6333 ' - 109165.50 CITY f CTY CREDIT UNION CREDIT UNION GEO PAYABLE 0 06 034, 145 • Ott O��MA Y ACA � • \ �� WA �DEJUCTUhS PA YA B�.` 006035 509050 M TE AM S TERS LOCAL 320 UNICN OUES PAPA OLD 006038 187950 HILLGREST MIOAYERICA WAGE CEOUCTiGNS PAYABLE uu-b "3- �_ , i N -E A -- _____ -` - P 0 - T - S-,-w : - PU -T-t`R �� Al_ --_ 00d 0 38 239* 00 MINN ST Ti�EA STATE G/L F EES PAY AEL= 3Ob04u 1, 501 00 MI��� STATE TREASU. ER OEPOSI. TS- CEPUTY REGI ST. is V�y I I 1 � TK CASVMUER 006042 23.00 DOUG TAU3MAN TRAVEL + TRAl* NI NG 52 9=.,E23.91 NECESSARY `XPENDITURES SINCE LAST COUNCIL MEETING _ IL �Y o MAP�.Eao c c o U T s P A Y A a L F DAT T- 16-SS CHECK* A H Q 0 N T C L A I M A N 7 P U R? 0 S E 0 10 4 3 7 7 9 5 0 0.0 0 ; , i. _LAND IMPROV j i t :. �/ +rte , AM RICAN NATI BANK PAY! 01-0 629 AM N BANK $t7 NOS ' AYAB l. E OND ANO- PAYING AGENT F E S '0i 0 +4 3 35.00 AMERICAN PLANNING AS OC 5U9SIP�ZOP�S #��M���S�i�� 010441 400 *03' AQ MIDWEST FEES, SERVICE 010 442 277. lb ART CRAFT PRES INC SU PP�.i ES, OFFICE :� i� , - SE's t _ Mounting 0:10 444 119. E4 80ARO OF WAFER COMM � - UT I .I. I IES -- 010 54.89 BOARD OF WATER COMM UTILITIES O I C -3 19 . • !3 - �- A -�-- 0 �D s t a �.1 at i o n Charge 01 0447 42. 64 3i .L BGYE F ORC SU PPLI LS, VEHI 010 448 97.38 CA�LAHAN STEED. SUPFLY MAINTE MATERIAL 1 0 44 9 8 2 ��N D S - CA - FIN 0 N NT r 3 __ 10450 • 5.58 COAST TO COAST STORES MALNTENA S M ASS . O iG x+51 4 +. 03 Cps INS ELECT RICA L CONST REP. + NAI NT., 8� G GxC "'.15.4 01:452 15.00 KENNET V COLLINS --' VEL �i�w �tG 010453 79047 CoriTINEN A L SAFETY EQUIP UN I FORM S } C Q 10 54 220,433 COPY OUP . ICAT IMG PROD 0U PLICAT i N COSTS U 1 V 4t15 - ---- -� -r --- - ----� U - P P -L-I-�- - mil- -" t - - ITS' OF MAPLEw000 A C C 0 U N T S P A Y A 8 L E DATE 07- .16 -81 PAGE 5 C A M 0 .0 N T C L A I M A N T P U R P 0 S E- 010456 370:00 PAT DALEY FEES, SERVICE Plumbing Inspe g 0 10 457 2 .80 3 5 2 DATA DOCUMENTS SUPPLIES, OFFICE 010458 19, 220. 50 EMPLOYEE BENEFIT ACM C .WORKERS CCMFENSATI ON 010 459 1,440.00 E&VIRONMcN A . EMG NC FEES, CONSULTINt 01 460 10. as _ BARRY ' EV A N T + TR _. 010 461 2, 798.30 FA3RA GRA PHICS SUFPLI ES, PROGRAM 0 10 8.2 DA; I � _ f'AU� W } K T N N J--_ 010463 87,6 82.10 FIRST BANK OF MP LS BOND PRINCIPA" AND - PAYING AG! FEES 010 46 4 o v 107 9 0 1ST N- ATL N K 0 PAUL . , I�N AND -BOND INTE-K E S T AND- PAYING AG NT FEES 010 465 15 E, 438.50 iS T NATL BANK OF S T PAUL BOND I NT EF.EST AND- PA AG.:-'NT FE=S 0 2 85.0 0 FLr_ LE P I PE TOOK. CO SUPPLIES , Ea , P MEN T 010 46 8 165900 D JANE GRACE FE t5 , SE RVICE - Wig. Inspector 010469 .. 199 00 NORMAN L GREEN UN IFG1?MS + C' Q T HiN 010 471 413, 83 GROSS IN)USTRIAL Uf4IF0RMS + CLOTHING 01 472 25.55 HOWIES 'LO + KE St' MA INTE.NA SCE MATERi ALS tITY OF MAP4..EW000 C HE A M C U N T A C C 0 U 4 T S P A Y A B L E D ATE 07,,16.,81 PAG 6 L A 1 M A N T P U k P 0 S E 0 0 x+73 010474 102030 INTL ASSOC OF FIRE CHIEF + J TRJPHYS * TRAVEL + TRAINING SUPPLIES9 P ROGRAM 7-- 015-475 99. 24 _ KNOX LUM3ER COMPANY MAINTENANCE MATERIALS C, 1t:0 4 1b9. 50 LAKE SANITATAION FEES--q SERVICE Rubbish Removal 'ANCE MATEr�TALS -R LU48,7R M I N'TE"' �4 163*70 L U Gri. vli�1+77 AND-LANO 1Mr'R&V1&._ 013'473 MACQUEEN EQUIFMfENT INC EQUIPMENT, SUPPLIE DIU479 5 2 HAP&LEW003 FOOCS SUPPLIES-P PP 0 30 489 14�1* .82 MAPLEW003 REVIEW PU 8 Ift I S H I N G CITY OF NU?T-H ST PAUL UTILITIE _T _01:_ t C0 r,T N-S T'AT-ES Cw -_�"_ G 482 22*45 mEKIT CHEVROLET CO SUPPLIES, VEHICLE 4 83 689*OG METRO INS P_CTION SERVICE F S, SERVICE ii. 52 NWnTHERN STATES POWER CO UTILITIES June- Elect. Inspection UIL-484 4,* JU MILWA T,(AUto 0:1 _. .;* 8 &M Nf- GY OF C 25 . 00 MN CONF 'LOCAL W GIG486 657* 10 MOTOROLA INC OIC487 i SU B'S C_R IPT I ON'%Sd f 4EMB Eft R S H�& R A P. #"--Po f MAINT*9 RADIO E ANIMAL CONTR 1,w230e3l HUNIC + P �IVATI- VI .. I.. .. . -- ICE I W .- Str, 15s 00 -F ASSOC 14ATIONAL Rj. E S RR. S CI 0 30 489 53*10 CITY OF NORTH ST PAUL UTILITIES CITY OF NU?T-H ST PAUL UTILITIE r,T N-S T'AT-ES Cw -_�"_ 1-LI T O 14 492 1,,036*68 NORTHERN STATES POWER CO U TILITIES 01 4,9 3 ii. 52 NWnTHERN STATES POWER CO UTILITIES ITx OF MAPLEWOOD A C C 0 U N TS P A Y A B L E. CHtCK* A M 0 U fV 7 IIiC 494 03D 49 C L A I A N T DATE 07-16-w81 PAGE P U R P O S E 7 83�+: 14 NOKTHERN STATES POWER CO UT I�.IT 711.44 NORTHE STATES POWER C0 UTILITIES 010 X96 4 9'97 .45 "" Hi N STATES POWER, CO N OKT �.� , UT IL-ITI 92 442.. 60 NW NAf1ONAL__9_ANK Of MPLS AND- PPAYING AGENT FE'S 010 NOnTHWESTERN BELL TEL CO 1, 2 36.21 O1D 499 209.42 t40r,THWESTEP %N EE�.L�TEL CO TE�.EPHONE O1� 500 1 506 84 � . NORT r:�iESi ERN Br ALL TEL. CO TEL' - -- V 1 W� — I L -�- -. ----- -- TE -L E - C -- ____ - - -- 010.502 1 ~• 00 .AVEMNE. NUTESON TRAVEL f TRA"'NING _ 0105fl3 :.75.00 2,0 P�ETERSON, 3ELL # CONVERSE FEES �, SE��iCE _ July Retainer 01050 48.50 RAMS. Y C� I hiC ASSOC P A FEES SERVICE ._- _ _ - 'iedica x_am. 01056 8.4 RAMSLY C33IRECTCr� FEES, S�.R10E - Data- CO Pies ,assessments j 4 y • U U KEE ■ r. I"� i. f. V i '. 010503 127. 05 S # T OFF ICE FKGOUCTS SUPP�.I ES �FFI CE ANO-w SU PPLI ES, FROG a `t: f -41- i'1 J V f - i 1 f' .i � + a�7 0 t V J � - - - r �� �1� A t �l � ~ 010 510 17.19 SCIENCE A USEU M OF MINN SUPPLIES, PF OGRAM 0 10 511 424.93 SEARS ROEBUCK t CO SMALL TCOLS AND EOUIPMEN 9 OTHER 010 5-12 i 5 12 3 376.43 SHORT mELL10TT - HEN0KIC K13 oUTSIO E ENGINEEr=.ING FEES = I T 1 t =_ fiE U i-E-s, ITY OF MAPLFWOOD A C C O U N T S p A Y A 8 L E OATEE 07 -15 -81 PAG: 8 c F C A M O U N T C L A I M. A N T P U R P O S F 0 10514 6. 40 ST PAUL DISPATCH.. SU3SCRIPTION:�l }ilEMBERSNI t 1 G 1 Wig: k �57 A F NE TRA MT h + T R 01C 5 9 8.00 SYLVAX CORP MAINTE iAT :I ALS 010 5i ' 8 3. 0 0 T AKGFT ST ORBS INC SU PP LI FS, PROGRAM M t - 7T" D1 519 303.77 TR U TIL IT IES t MFG CO #CEP• } M A I NT• , UTI 010520 72.00 TW.,N CLTY :JANITOR SUPPLY SUPPLIFSt JANITOK­IAL � 1 - �Z3 - -C TY' _ T� Gtr'#`. i L i F u 1 522 127.11 UNI&FOr"MS UNL MITEO Uti IF ORMS CLO T HIN G 1 523 91.25 V i,TU PR INT i NG CO P -- 010 524 _ I 327.4u - W L V SIGtvUPP� Y SIGNS + SIGNAL S u 10.525 65.82 WAi%N`RS T A OF HOWR SUP F Pr�O GRA4 r _ _. i3 Mt P N T -- r A3�0- MAINTENANCE MA TERrA , , C.0 52b 1 6 • t i R i' T }i O S T �"� INC R } N T E Q U 1 P V A N s. ,-, 01v 527 7 •69 W STiNGNOUSF E . - CTr%IC SUPP .i FS, JA �IiTORI AL 010 528 i 1.09 W iI; 8EA R OFFICE �=ROO SUPPLI �S, OFFICE 01 . 529 �i .:05. 00 i.YNN A AA Dt j 01C 30 98 • C3 OtBit BERG WA G _zS, P/T # TEMP* f DiC 53l 4 .25 Li�AB TH CASS - DAY WAGS, P/T + TEMP, �?1 532 2 MA"Y CASS SAY k , % + -T� _ f D 10 533 2 54• b2 i.I DIXON WA GA S, P/T } 3 M�• `1 { 010 534 ,� Y ' 82.25 �- r THcRESA FLA NtRT Y WA GAS, PST TAMP. I C E L f y ( ( E d F F ITY OF MAPLEWOOD A C C C U N T S P A Y A 8 L E DATE 07-16-81 PAGE g CHE CK } T EM P. A M 0 U N T C L A I M A M T P U R P 0 S E 010 535 010549 35: 40 CHRIS GA:. BRAITH WA GES, P/T P/T + TEMP. 0 10 536 103. MATTHEW H AAG f WA GES9 P/T } TEMP* 010.537 91.65 DANIEL HEW N N, EN WA GES, P/T + T EMP. 010 538 79.00 GREGORY MICHAEL JACKSON WAG -S, P /T TEMP. 01 539 2 01 . 87 T S MC Y WAGES, PIT T EM P. GiC 540 1,27. 501 JULIE MCC O�I.UM WA GES, P/T + T EMP' S 01.0 54 119 35 JU MUT 7 W GE St P/T } TEMP* G10 54 3 844 00 CHP - ,ISTOPHE R OOEN WA GE.S, P/T + TEMP. 010 544 * 7.8.: U UAVID BRIAN ODr WAtitS, F/T + T EMF9 010 545 * 91.37 ERIC GOEN WAGES, P/ + TEMP* 01 546 105.75 MARKEL 00EN WA G6- S, P/T + TEMP. CJ 5 2 C tiAtL -- OFO E� - ;- -/ i Mp: 010 548 176.37 0 EERA 0 WE WA GES, P } T EM P. 35 EV A SPANA BAUER WAGES, P/T + TEMP* 010549 73.50 MICHAEL RADA WA GES, P/T + TEMP. 5 187. 9U JEFFERY RASDHKE WA - ! p F/ +• Iwo 01 551 83. TEkES A M SALECK MA I NT'C'. %E MA T ER.1 AL S . AND- TRAVEL + TRAINING - 5 9 PIT T mplS G 1y 553 178.95 BRIAN SHER3URNE j WA G ES P/T ♦ T E G 10 554 35 EV A SPANA BAUER WAGES, P/T + TEMP* li C. WA GtS i p - 4 4 ;/T T L 9 0 1G 556 319.74 C GARY TE WINKEL WAGES, P/T + T ITY OF MAPLEW000 A C N T S- P A - Y A B L E 0 A E 0T -16 -81 PAGE 20 CHI CK* A M 0 U N T C L A I M A N T P U R P O S E WA GES• P/T ♦ TEMP. 01�; 55 7 259.84 THOMAS THELL A ND TR AVt L f TRA 0 10 55 8 1 05.50 JON THOMA S WA LLACE WA GES, P/T + TEMP. 010 559 906 fRICHARD ALLEN WARZEKA WAGES, P/T f TEMP. 010 5fi 5 77 8 1 MAURICE W - NBL S �S PRO � _ _ �.� AND.. WA G � S , P/T + T E M P . � 01C 5 61.60 DAWN MARIE WI L O EN AUER W G ES, P /T t TEMP* 0 I 562 * 7.j0 BARBARA KROLL R E F U N D 128 5 40 ,598.9 C W RI IrT EN TOTAL GP 180 CHECKS TO TAL 635 ,22Z .82 Indicates items financed by recreation fees . Y OF MA P L EWOOD PAYROLL REPORT PAGE i RT I V CAIl fit.-- ---R.E K ��#7 E_. 0 l - t� 2 - A.1 CH EC K NAME • R�5 PA GROSS Y NET, PAY E • 0 c012 EVA NS B ARRY B R 1, 620.44 963.96 _ ' 9 0 013 32 014. FAUST C A4 IEL F 1 28 9.73 819.70 0.20 Is FR A NK PAT FICIA L 360. 00 296* 45 02 v.. • 1 c 0 i 7 S A T HE YS- A ANA K 575. It 424.41 ,. o c ola ViGOREN oELo R E S A 49 0* 2 2 3 3 2.63 0201% AUR EL�IUS 4 0 2020 GREEN PHYLLIS 642.67 4 43951 243.52 165.22 02021 SCHAOT N JEAN NE L 02022 SE L VOG BETTY 0 616000 1 0 2023 VI ETOR LORRAI $ 502.22 340.7 . 020 24. KLEIN AM JAMES G 40.38 40.27 02025 P EL Q 0 UIN ALFRED J 666.23 96.36 02 026 RILEY. TE RANCE C 110.50 107.x.3 1 02027 . ..... ARNOLD AVID DAVID L 1,019.11 338.61 02028 ATCHISON • JCS N H 898.22 . 603 02029 1 BASTYR - DEBORAH A x+47.11 202. 02030 CAHANES ANTHONY Y G 1, 0 22.67 4 71.91 0243i CLAUSON DALE K 898.22 67.47 02032 C _ K ENNET # y 1 1, 0 2 3.11 121,* 76 191$7.56 52 .65 fl 2033 OEl.M4HT DE NNIS J 02034 ORE GER RICHARD C i. 0 2 0.45 579900 02035 FE R t�4�i RAYMOND 69 8.22 3 22 . �4l 02036 - FLAUGHER JAYME L 586.22 379.43 1 i I i t f i g ! TY OF MAPLEWOOD PAYROLL REPORT PAGE 2 •11 /• f .. ......... CHECC SAME GROSS PAY NET PAY 02037 FU L LE R JAMES D 490.22 362.51 02039AGENlONAS 1,269.7 222•i5 u c u 4u rlA L "Gv r%GV L" N cc v• r 0 20§1-- HEINZ STEPH j 599• i 37 7 329.54 02053 NELSON ROBERT U 02042 HER BERT MICHAEL J 898.22 499.43 02043 JAQUITH DANIEL R 556.00 372.02 02044 KORTUS DONALD V 769.56 499 898.22 83.43 02059 -ST A FNE GREGORY L 02045 LANG RICHARD J 936.00 497.75 02046 MC N ULT Y JOHN J 1, 171. 63 2 50.22 02047 ME E'HAN JR JAM 433*79 02061 STOCKTON DARRELL T 02048 #SETTLER: DANIEL 8 91 9.1 i 5 3 1. 41 02049 MOESCHTER RICHARD M 898.22 49.91 02051 MULNEE GEORGE N 550* 22 348.23 02052 NELSON KAREN A 550.22 329.54 02053 NELSON ROBERT U 1 039„ 87 664.59 02057 SCN AL LER RICHARO :i :: it 374,o 67 8 3 5.44 02054 OMATH J Oar : ..E .. 4 9 3.33 _ _ 334#37 0 20 55 PELTIER WILLIAM F 1 , 9 001.78 5 53.86 0205.6 RICHARDS ANNE M 131.25 115.92 02057 SCN AL LER RICHARO :i :: it 374,o 67 8 3 5.44 02058 SKALMAN DONALD N 898.22 83.43 02059 -ST A FNE GREGORY L 941.94 562991 02060 STrLL VERNON T 881.33 521.90 02061 STOCKTON DARRELL T 881.33 560.47 I TY OF MAPLEWOOD : PAYR CLL REPORT PAGE 3 CERTIEICAT ION Li I ER C 1 ECK DATE CH ECK .---- . ...... , .:�....... ..�VAM£ :� ��� :.:. .� .::: :. .�: =:: GROSS PAY NET PAY 02062 SVENDSEN JOANNE M 586922 330963 .. .. 0 2C E4 i L�. A S OVANE J 932944 464 '02 02065 ZAPPA JOSEPH A i 042. 00 656.19 S - .'' 02067 �UIC - DENNIS 5 if 292. 56 803.01. , 02068 GRAF M D Av ID 944.89 4 29 . ib F, 0 2070 ' MEN. ANDES. JON :. A 944989 31.41 02071 NE L SON CAROL M 883.42 522911 02072 - RA ZSKAZO FF DALE E 944 145975 i -: 0 209. . .......... . ..... ... .. :' LARRY' .# 146. 22 1 Ii . 99 ... ., 0 2 07.3 :. ::.. .... � M E ...:.:.... . ARIL L X32. X43 286. X87 02074 RYAN MICHAEL P 979o87 44'7.17 F 02075 VO HERK ROBERT E 944 3806 i 0 209. . .......... . ..... ... .. :' LARRY' .# 146. 22 1 Ii . 99 0 20OUGREN r I . JAMS _ G 9280 00 -_ 537.49 0 20 77 EMBERTSON JAMES M 813.78 542971 02078 S CHADT ALFRED 005 33 172.39 136.12 i 0 209. . .......... . ..... ... .. :' LARRY' .# 146. 22 1 Ii . 99 02080 DOHERTY KATHLEEN M 215. 20 169958 02081 BARTA MARIE L 172.39 136.12 i ?0 2082. = :. JAMS G 875.11 437.51 02083 GAN ZEL PETER R 896.00 671. 79 02084 HA I DER KENNETH G 1,18 5.33 4 59.45 02 85 NEMETZ MARY A 523. ii 3 31 i 02086 PECK- P' DENNIS L 875011 +477986 I TY OF MAPLEWOOD PAYTOLL REPORT PAGE 4 , - iy Is a l I n • : };- - cH E : .l ME :. GROSS P AY NET PAY 02087 WILLIAMSON ROBERT F 770.22 475935 i Lnc uM Y..AW. I u sl 46 A WW f m A -4 m 4 20 LAYMAN JAMES N 651 i 48930 02093 BREHEIM ROGER N 665.60 411.81 0 2089 :. :... -:: :_ L L R , .......: _. WALTER ! 833. T8 .504.8 _ 02090 GE SSELE JAMES T 764.44 497968 i Lnc uM Y..AW. I u sl 46 A WW f m A -4 m 4 20 LAYMAN JAMES N 651 i 48930 02093 BREHEIM ROGER N 665.60 411.81 0 2094 LASS WILLIAM G lip 031s 5 $ 87 .......... . .... ;. 02095 ....... .... ...... ... .... ...... FRE3E R aNALB L - 763.20 481.70 02096 HELEY - - - -- RONALD J 770.36 485.51 02097 HOCHBAN JOSEPH H 665950 444959 0 2 ... .... . ........... .. . .... .:.... ..:: .: M IC H AEL J - 763. 2Q 334.71 02099 KLAUSING -- - HENRY F 766.68 392.56 02100 MEYER GERALC w 812.90 4 07.17 . . . . . . . . . . . . . . .0 21 aS :9RI C3 360.00 29.45 02102 PRETTNER - - -- JOSEPH 8 1 120.51 736991 02103 R E I NERT EDWARD A 820944 512.01 . ........ ........ :`: 210 '. TEYLi�t ::.. HARRY J - 812* 17 531.03 .. . . ... 02105 ZEI KT, JR BERNARD 305.00 281925 0 2106 LAR4CHE GI 8 RT 564 8 3 73 2 4 0210 :A0AMS PAULINE M 942.22 549.11 02108 BRENNER LOIS J 586.22 136.24 02109 KRUMMEL BARBARA A 250.40 135985 021 ODE GARD RflBER., 216.89 7 50 .25 0 viii TAU9MAN DOUGLAS J 654.66 411.54 • t OF MAPLEW OOU PAY ROLL REPORT PAGE 5 0 2114 GUSINDA MELVIN J i 007.20 554.86 0 2 3i6 JOMNS ON GAMY P 1i 7.90 117.90 02117 NA MARK A 100680 453926 02 MO ONG R I HA 0 211 off EH IR.. K EV IM J 32 0 0 258.28 . ........................... . . 02120 ROSS THOMAS 32 0.00 3 2 0 .00. 02121 SANOBE G T M CTHY J 320 32 0 2122 SANTA R E 7 b 3.20 4 01.1 02123 R AS CHKE ALBERT F 25 9.88 232.24 0 2124 KEMPENICH MICHAEL C 395.50 p 0 213 8 � � �� ��. : �B AR 13 A R A 33.64: 178.26 02126 GREW JANET H 577.77 376027 02127 HOR SNELL JUDITH A 2 8 . 0 0 210925 0212.. :.© CHRISTINE X650.91 437* 02129 CHLEBECK JUDY m 616.00 zs1 9 00 02130 E KSTRAND T HO FAS G 727.72 447.36 0 2131 _ JOHNSONAH: DAL. :. 700.44 4 55967 02132 OL S ON GEOFFREY W i, 195.11 663.62 0 2133 WEG WE RTH JUDI TN A 2�►9.96 133.24 0 213 :. OS T ROM. MAR JOR I E i, 0 1 0. G7 95 , 627 0 3 2i 5 WENGER 4 ROBERT J Tii. ii 461.52 iTY OF MAPLENOOD f FAY TOLL REPORT CH£CK NAME G�20SS PAY NET 02142 OMEN GERALD C 77 79 4+1.11 02 3 0 U NN 8 Jl Y 02144 VO V ES T . 0 0. a 314.67 0 2145 MACGO NAL 0 JOHN E 841. 60 530932 02146 MUL VANEY HNNIS M 813.60 4 c7 83 CHECK REGISTER TOTALS 99� 659.79 54# 307. 47 4-2 338.10 02147 - Thomas Michael S 02148 Gauster Steven A 155,67 145.31 - 02149 KreY „ Gera 2.5. 3 167 - l CHECK REGISTER TOTALS 100 545957.99 MEMORANDUM TO City Manager FROM Finance Director ' RE Budget Chanae DATE July 8, 1981 It is proposed that the $253,000 budqeted for the asphalt overlay program in account 101 -133 -4480 be transferred to account 101 -133 -4690. Initially when the budget was established for street maintenance, monies were included for seal coati nq under Fees for Service (acct. 101- 133- 4480) . Later it was decided to use the sealcoating monies to finance an asphalt overlay program. However, due to an oversight the monies budgeted were not transferred to a capital outlay account. Therefore, it is recommended that the $253,000 budgeted for the asphalt overlay program in account 101- 133 -4480 be transferred to account 101 - 133 -4690. cc: Public Works Director MEMORANDUM TO : City Manager FROM: Finance Director /J( -� RE Cancellation of Interest - Mn DOT DATE: July 1, 1981 PROPOSAL It is proposed that $368.21 of interest be cancelled on a special assessment recently paid by the Minnesota Department of Transportation. RArKrPni INit In 1980, the Council reviewed several special deferred special assessments and adopted rolls which specified annual installments beginning in 1981. The City Clerk sent notices to all property owners involved which indicated that the special assessment could be paid without interest during a 30 -day period which expired before the assessments were certified to the County. The attached letter was received from the Minnesota Department of Trans- portation which claims that they did not receive any notices in 1980 and requests that the interest which has accrued be waived. RECOMMENDATION Due to the small amount of money involved, it is not practical to .force payment of the interest. Therefore, it is recommended that the $368.21 of interest be cancelled as requested by the State. �w Minnesota Department of Transportation District 9 3485 Hadley Avenue North, Box 2050 North St. Paul, Minnesota 55109 (612) 770.2311 June 2, 1981 Mr . Dan Faust City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 in re pl y refer to: 319 5 . P 6211 (36=118) 901 Ramsey County State Pit #4191 A.* B,, C Maplewood Parcel #57- 01010- 030 - Project - Water 4 Assessment Dear Mr. Faust: We hereby acknowledge receipt of deferred assessment in the amount of $3,245,77 for water service to the above referenced tract We take this opportunity to inform you that we did not receive notice of any hearing of July 1980 on the mat ter , at which time we understand the assessment was deferred to October 1980. While we do not object to the assessment, as a benefit, we do object to the interest .levied. Considering factors involved, we hereby request interest as levied be waived. Submitted herewith is a check in the amount of $3,245.77, less interest, for assessment. We trust the interest will be forgiven as requested. Sincerely, glas H. Differt, P.E. D'strict Engineer nc2osure: An Equal Opportunity Employer 55 1 .. � r I rd X i UrRAA n n KIM I IKA TO : CITY MANAGER FROM ASSISTANT CITY ENGINEER DATE July 9. 1981 SUBJECT RI PLEY AVENUE WATERMAIN IMPROVEMENT PROJECT NO. 80 -3 The plans and specifications have been completed for the above referenced project. We request that the City Council approve the plans and specifications and authorize the advertisement for bids. The pro ject is recommended to be advertised in the Maplewood Review on July 22nd and 29th, 1981 and in the Construction Bulletin on July 17th and 24th, 1981 . Attached is a proposed project schedule which denotes the advertising dates and other perti pant dates for your review. /mb encl . . 1.- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on November 20, 1980, plans and specifications for Ripley Avenue Watermai n ( Project 80 -3) 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 advertisement shall be published two times, at least ten (10) days before date set for bid opening, shall specify the work to be done, shall state that bids w i l l 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 Mapl ewood, 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. /mb RIPLEY AVENUE WATERMAIN IMPROVEMENTS PROJECT TIME SCHEDULE PROJECT NO. 80 -3 1. Engineer submits plans for Council approval and receives authorization to advertise for bids. 2. Advertise in Construction Bulletin 3. Advertise in Maplewood Review 4. Open Bids 5. Council receives bids and awards contract. 6. Contractor begins construction. 7. Contractor completes construction. /mb July 16, 1981 July 17 & 24, 1981 July 22 & 29, 1981 Aug. 4, 1981 Aug. 6, 1981 Aug. 24, 1981 Sept. 30, 1981 E ADVERTISEMENT FOR BIDS The City of Maplewood, Minnesota will receive sealed bids for the following project : RIPLEY AVENUE WATERMAIN IMPROVEMENT PROJECT 80 -3 The project will include the following approximate quantities: WATERMAIN - 550 L.F. Bids will be received until 10:00 a.m., on the 4th day of August, 1981, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened. No bids -will be considered unless sealed and filed with the City Clerk and accompanied by a cashier's check or bid bond payable to the Clerk of the City of Maplewood in the amount of five percent (5%) of the bid, Proposal forms, including specifications, are filed in the office of the City Engineer, located at 1902 East County Road "B ", Maplewood, Minnesota 55109. Copies of the documents may be obtained by depositing $15.00. Lucille E. Aurelius City Clerk City of Maplewood PTTRT.T .M4 - - Maplewood Review - July 22nd and 29th, 1981 Construction Bulletin - July 17th and 24th, 1981 ]r. 1 &Ar &An n n KI n1 I&A TO: CITY MANAGER FROM: ASSISTANT CITY ENGINEER DATE July 9 1981 SUBJECT KE LLER PARKWAY SANITARY SEWER IMPROVEMENT PROJECT NO. 80 -14 The plans and specifications have been completed for the above referenced project. We request that the City Council approve the plans and specifications and authorize the advertisement for bids. The project is recommended to be advertised in the Maplewood Review on July 22nd and 29th, 1981 and in the Construction Bulletin on July 1 7th and 24th, 1 981. Attached is a proposed project schedule which denotes the advertising dates and other pert i nant dates for your review. /mb encl . RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on April 2. 1981, plans and specifications for Keller Parkway Sanitary Sewer (Improvement Project 80 -14) 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 advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, at least ten (10) 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 and instructed to receive, open, and read aloud bids and to tabulate the bids received. /mb KEL LER PARKWAY SANITARY SEWER IMPROV PROJECT TIME SCHEDULE PROJECT N0.80 -14 1. Engineer submits plans for Council approval and receives authorization to advertise for bids. 2. Advertise in Construction Bulletin 3. Advertise in Maplewood Review 4. Open Bi ds 5. Council receives bids and awards contract. 6. Contractor begins construction. 7. Contractor completes construction. /mb July 16, 1981 July 17 & 24, 1981 July 22 & 29, 1981 Aug. 5, 1981 Aug. 6, 1981 Aug. 24, 1981 Sept. 30 , 1981 R ADVERTISEMENT FOR BIDS The City of Maplewood, Minnesota will receive sealed bids for the following project : KE LLE R PARKWAY SANITARY SEWER IMPROVEMENT PROJECT 80 -14 The project will include the folliwin'g approximate quantities: SANITARY SEWER - 690 L.F. Bids will be received until 10:00 a.m., on the 5th day of August, 1981, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier's check or bid bond payable to the Clerk of the City. of Maplewood in the amount of five percent (5%), of the bid., Proposal forms, including specification, are filed in the office of the City Engineer, located at 1902 East County Road "B ", Maplewood, Minnesota 55109. Copies of the documents may be obtained by depositing $15.00. cf-u—cillle E. Aurelius City Clerk City of Maplewood, Minnesota PUBLISH: Construction Bulletin - July 22nd and 29th, 1981. Maplewood Review - July 17th and 24th, 1981. Dear Ms, Aurelius: Enclosed in connection with the above referenced matter are five copies of the Note Resolution for adoption on July 16, 19810 Please feel free to call me if you should have any questions. Very truly yours, Mary L lw/ Ippe l MLI : jw Enclosures LAW OFFICES BRIGGS AND MORGAN CHARLES W. BRIGGS (1887 -1978) JAMES W. LITTLEFIELD J. NEIL MORTON PROFESSIONAL ASSOCIATION J OHN B. VAN DE NORTH SAMUEL H. MORGAN STEVEN Z. KAPLAN COLE OEHLER RICHARD G. MARR A. Le U$ENCE De� ANDREW C. BECHER FRAN H AMMOND M.T. A LEONARD J KEYES 2200 FIRST NATIONAL BANK BUILDING JERO A. . G LEIS B. C. HART TEVE A. BRAND JOHN M. SULLIVAN BERNARD P. L IVAN SAINT PAUL, MINNESOTA 55101 MARK W. WESTRA ALAN H. MACLIN BURT E. SW ANSON JEFFREY F. SHAW M.J. GALVIN, JR. DAVID G. GREENING DAVID C. FORSBERG DAVID B. SAND JOHN J. McNEELY GERALD H. SW ANSON - 2452 I D S CENTER BETTY L. HIIM CHARLES R. HAYNOR MCNEIL V. SEYMOUB,JR. ANDREA BOND TERENCE N. DOYLE MINNEAPOLIS MINNESOTA 55402 � MARTIN H. . FISH. RICHARD H. KYLE JOHN L JONATHAN H. MORGAN T L. . DA JoHx L.D EVNEY R. L. S ORENSE - ( 612) 291 - 1215 .ROBERT R ICHARD H. MARTIN PETER H. NEED TRUDY H. SCHROER MARY L. IPPEL PHILIP L. BFUNER DAVID J. ALLEN SAMUEL L. HAN SON ROHYN L. HANSEN RONALD E.OECHARD J OHN R. KENEFICIi Q J J 1981 MARGAEET K. SAVAGE BRIAN G. BELISLE JOHN R. FRIEDMAN DAVID J. SPENCER , TONY R. STEMBERGER DANIEL J. COLE, JR. MARY SCHAFFNER EVINGER MICHAEL H . STREATER PETER tiT S IPHINS DOUGLAS L. SH OR STEVEN T. HALVERSON MICHAEL H. JERONIMUS RICHARD D. ANDERSON SALLY A.SCOGGIN R. SCOTT DAMES T BRUCE W MOOTY VIRGINIA A. DWYER OF COUNSEL RICHARD E . KYLE FRANK N . GRAHAM Ms. Lucille Aurelius REPLY TO St, Paul City Clerk City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Re: City of Maplewood - $3,000,000 Commercial Development Revenue Note of 1981 (St. Paul Business Center Project) Dear Ms, Aurelius: Enclosed in connection with the above referenced matter are five copies of the Note Resolution for adoption on July 16, 19810 Please feel free to call me if you should have any questions. Very truly yours, Mary L lw/ Ippe l MLI : jw Enclosures NOTE RESOLUTION $3,000,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1981 (ST. PAUL BUSINESS CENTER PROJECT) (CITY OF MAPLEWOOD) ADOPTED: 1 1981 NOTE RESOLUTION (This Table of Contents is not a part of this Resolution, but is included for convenience only) TABLE OF CONTENTS Page ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS ........................... 1 Section 1 -1. Definitions ...................... 1 Section 1 -2. Legal Authorization...........,... 3 Section 1 -3. Findings ......................... 3 Section 1 -4. Authorization and Ratification of Project ....................... 5 Section 1 -5. Authorization of Permanent Tax Exempt Financing ................. 5 ARTICLETWO - NOTE..... .. ...........................'. 6 Section 2 -1. Authorized Amount and Form of Note...... .................... 6 Section 2 -2. The Note ......................... 13 Section 2 -3. Execution ........................ 13 Section 2 -4. Delivery of Note................. 13 Section 2 -5. Issuance of New Notes............ 14 Section 2 -60 Registration of Transfer......... 14 Section 2 -7. Mutilated, Lost or Destroyed Note . . . . . . • . . . . W . . . . . . . . . . . . . . . . . . 14 Section 2-8. Ownership of Note.......***.*.**** 15 Section 2-9. Limitation on Note Transfers...... 15 ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY****: 16 Section 3-lo Prepayment ..............0.090..... 16 Section 3-2. Termination of Interest........... 16 ARTICLE FOUR - GENERAL COVENANTS ...................••• 17 Section 4 -10 Payment of Principal and Interest .......................... 17 Section 4 -2. Performance of and Authority for Covenants ..................... 17 Section 4 -3. Enforcement and Performance of Covenants ...................•.• 17 Section 4-4. Nature of Security ...........:.... 18 -Pale ARTICLE FIVE - MISCELLANEOUS .....................•.• 19 Section 5 -1 • Severability • . . . . . . . . . . . . . . . . . . . 19 Section 5 -2. Authentication of Transcript.... 19 Section 5-3* Registration of Resolution...... 19 Section 5 -4. Authorization to Execute Agreements ....................... 19 SIGNATURES........... ............................... 20 NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; As s i2nment of Leases and Rents the agreement to be executed by the Borrower assigning all the rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereon; Assignment of the Loan--Agreement the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; .Bond Counsel the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower St. Paul Business Center, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; Cam the City of Maplewood, Minnesota, its successors and assigns; Construction Loan Agreement the agreement to be executed by the City, the Borrower and the Lender, relating to the disbursement and payment of Project Costs for the the construction and installation of the Improvements; Guaranty the personal guaranty to be executed by William S. Rei.ling and Donald Bachmeier, in favor of the Lender; Improvements the structures and other improvements, including any tangible personal property, to be constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications; Land the real property and any other easements and right described escribed in Exhibit A attached to the Loan Agreement; Leases all leases now or hereafter affecting the Land; Lender First National Bank of Minneapolis, Minneapolis, Minnesota, its successors and assigns; Loan Agreement the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Mortgage the Mortgage, Security Agreement and Fixture Financing Statement to be executed by Daniel We Fourre, James D. Voight and Robert L. Reiling and their respesctive spouses and the Borrower as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; Note: the $3,000,000 Commercial Development Revenue Note of 1981 St. Paul Business Center 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 for the construction and -installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and . are approved by the Lender; Principal Balance so . much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid at any time; Project the Land and Improvements as they may at any time exist; 2 Project Costs the total of all "Construction Costs" and "Loan and Carrying in Charges, " as those terms are defined in the Loan Agreement; Resolution this Resolution of the City adopted 1981, together with any supplement or amendment thereto* Three Month C/D Rate the rate of interest quoted each Monday in The Wall Street Journal (or, if The Wall Street Journal is not ublished on a Monday, on the next succeeding • p " as the interest rate o _ business day), in the Money Rates co representing the guide to levels of interest on Certificates of Deposit for three months. If said interest rate ceases to be published in The Wall Street Journal then a similar index, acceptable to both Borrower and Lender shall be used. 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 Authorization The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue P roducing project herein . referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described - in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the 3 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 to be included in the Project; (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the develop - ment 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 governmental services and facilities; the provision of acces- sible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community in which the Project is situated; (4) the amount estimated to be necessary to 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 $3,000,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the Improvements to be included-in the Project; (G) 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 103(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph 4 (D) of Section 103 (b) (6) of the Code with respect to an issue of $10,000,,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 P rbj_ct . The City has heretofore and does hereby authorize'the Borrower, in accordance with the provis ions 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 installation of the Improvements to be included in the Project pursuant to the Plans and Spec i- fications 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 facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Speci f ications . 1 -5. Authorization of Permanent Tax Exempt Financing (1) The City hereby determines that the financing for the Improvements. is intended to consist of (a) the Note to be issued by the City to the Lender to provide construction financing and . (b) a tax exempt permanent loan to refund the Note; and the Borrower is presently seeking a permanent tax exempt loan commitment. (2) In order to induce the Borrower to undertake the Improvements and pursuant to Section 474.07 and other relevant portions of the Act, the City hereby authorizes permanent tax exempt financing and covenants to exercise its best efforts to provide such financing for the Improvements in an amount not to exceed $3,000,000 for the purpose - of refunding the Note in the form of a mortgage revenue note or notes. (3) This approval and authorization is subject to such conditions as the City customarily requires for such financin g 7 g and subject to agreement as to details by the City, the Borrower and the permanent lender. 5 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 ro riate variations, omissions and .insertions as -are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal _ amount of the Note - that may be outstanding hereunder is expressly limited to $3,000,000 unless . a duplicate Note is p Y issued pursuant to Section 2 -79 The Note shall be in substantially the following form: R UNITED STATES OF AMERICA STATE OF M I NNE S OTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1981 (St. Paul Business Center Project) $3,000,000 FOR VALUE RECEIVED the CITY OF MA.PLEWOOD, Ramsey County, Minnesota, (the "City ") hereby promises to pay FIRST NATIONAL BANK OF MINNEAPOLIS,.Minneapolis, Minnesota (the "Lender "), its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of Three Million Dollars ($3,000,000), 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 a rate equal to seventy -five percent (75%) of the Three Month C/D Rate per annum or at such higher rate as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in- the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hereof, interest only shall be paid at the Rate of seventy -five percent (75%) of the Three Month C/D Rate 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, until December 1, 1982. The entire principal balance and all accrued interest from December 1, 1982 shall be due on December 31, 1982 (the "Final Maturity Date ") unless Lender elects to extend the Final Maturity Date to a date no later than June 30, 1983. In the event that the Lender elects to extend the Final Maturity Date as provided above, interest shall continue to accrue and be payable on the first day of each and every month until the extended Final Maturity Date, at which time all accrued interest and the entire principal balance shall be due and payable. 7 (b) Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance as specified in subparagraph (a) above. (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 three percent 0%) in excess of the Three Month C/D Rate per annum and. each monthly installment thereafter payable shall be accordingly adjusted* 2. Interest shall be computed on .the basis of a 360 day year, but charged for the actual number of days principal is unpaid. 3. If the Lender should not receive on the first day of any month all of the interest then due on the Note, and if the City should continue to be in arrears through the fifteenth day of such month, then, in addition to all other sums due hereunder, the Lender shall be entitled to receive on the sixteenth day of such month a service charge equal to four percent (4.00%) of the delinquent principal and interest. 4. Principal and interest due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 5. This Note is issued by the City to provide funds for a Project, as defined in Section 474902, Subdivision la, Minnesota Statutes, consisting of the construction and installation of an office complex of four buildings containing office and warehouse space, pursuant to a Loan Agreement of even date herewith between the City and St. Paul Business Center Partners (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 "). Pursuant to the Resolution, the City has also covenanted to exercise its best efforts to provide long term tax exempt financing in such amount as is required to fully discharge this Note and the net proceeds of any long term financing are pledged exclusively for the payment of this Note issued to finance the Improvements. 6. This Note is secured by an assignment of the Loan Agreement by the City to the Lender, a Mortgage, Security Agreement and Fixture Financing Statement, of even date 0 herewith between Daniel W. Fourre, James D. Voight and Robert L. Reiling and their respective spouses and the Borrower, a.s mortgagor, and the Lender as mortgagee (the "Mortgage "), by an Assignment of Leases and Rents, of even date herewith, from the Borrower to the Lender (the "Assignment of Leases and Rents") and the Guaranty from William S. Reiling and Donald L. Bachmeier to the Lender. The disbursement of the proceeds of this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewith between the Lender, the City and the Borrower (the "Construction Loan Agreement ") . 7. The Lender may extend the times of payments of interest or any penalty or premium due on this Note, including the date of the Final Maturity Date to a date no later than June 30, 1983, without notice to or consent of any party liable hereon and without releasing any such party. . 8. This Note may be prepaid in whole or in part at any time without penalty or premium. The Lender shall apply any such prepayment against the accrued interest on the Principal Balance and then against the final principal amount due under the note. 9. This Note is further subject to prepayment by the City, at any time, without a premium, in whole or in part, upon the occurrence of certain events of damage, destruction or condemnation of the property secured by the Mortgage, as specified in Section 5.02 of the Loan Agreement and Section 3-1 of the Resolution. 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 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 Clerk, duly executed by the Lender or his duly authorized agent. Upon such transfer the Clerk will note the date of registration and the name and address of the new registered Lender in the registration blank.appearing below. The City may deem and treat the person in whose name the Note is last 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, 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. 9 11. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Assignment of Leases and Rents, the Loan Agreement and the Construction Loan Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were .fully set forth herein. 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, the Mortgage and the Assignment of Leases and Rents, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power. of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a - charge, lien or, encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or, the enforcement thereof. 13. It is agreed that time is of the essence of this Note. In the event of failure by the City to pay when due any monthly installment of interest within ten (10) days after the due date, or any premium due hereunder, or if an Event of Default shall occur, as set forth in the Mortgage, the Assignment of Leases and Rents, the Construction Loan Agreement or the Loan Agreement, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon, immediately due and payable, but solely from sums made available under the Loan Agreement and Mortgage. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 14. The remedies of the Lender, as provided herein and in the Mortgage, the Assignment of Leases and Rents, the Loan Agreement and the Construction Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be 10 pursued,singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as, occasion therefor shall occur; and the failure to exercise any .such right or remedy shall in no event be construed as a waiver or release thereof* 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. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and Clerk and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated If 1981 . CITY OF MAPLEWOOD, MINNESOTA Mayor Attest: (SEAL) 11 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Maplewood in the name of the holder last noted below. Date of Name and address Signature of Registration Registered Owner Clerk First National Bank of Minneapolis 120 South Sixth Street Minneapolis, MN 55402 12 f 2 -2. The Note The Note shall be dated as of the date of delivery, shall.be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -39 Execution The Note shall be executed on behalf of the City by the signatures of its Mayor and Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. 2 -4. DeliveEy of Note Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement and Assignment of the Loan Agreement; (B) the Mortgage; (C) the Assignment of Leases and Rents; (D) the Construction Loan Agreement; (E) the Guaranty; (F) a Cost Certificate signed by the Borrower certifying the use of the proceeds of the Note. (2) an opinion of Counsel for the Borrower in scope and substance satisfactory to Bond Counsel as to the authority of the Borrower to enter into the transaction and other related matters; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; .13 (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may require for the closing. Upon delivery of the Note, the Lender shall, on behalf of the City, advance funds for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, including compliance with.the` provisions of the Construction Loan Agreement. The Lender or the Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. -2 -5 . Issuance of New Notes. Subject to the provisions of Section 2--9 the City shall, at the request and expense of the Lender issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. 2 -6. Registration of Transfer The City will cause to be kept at the office of the Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Clerk, duly executed by Lender or its duly authorized agent. Upon such transfer the Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the blank appearing on the Note* 2 -7. Mutilated, Lost or Destroyed Note In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited b law, cause to be executed and delivered, a new P y amount Note of like outstanding principal , number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for - such Note 14 destroyed or lost, .upon the Lender's paying the reasonable expenses and* charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a. Note prior, to payment. 2 -8. Ownership of Note The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance., redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2 -9. Limitation on Note Transfers The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 15 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3 -1. Prepa,Ment, (1) In the event of (a) damage to or destruction of the Project or condemnation of the Project or any part thereof and (b) if Borrower does not elect to restore the Project pursuant to Section 2.04 of the Mortgage, the Note shall be subject to prepayment by the City from funds furnished by the Borrower at the time, to the extent and in the manner set forth in Sections 5.01 and 5.02 of the Loan Agreement. (2) The Note may be otherwise prepaid in accordance with the provisions of the Note. 3-2. Termination of Interest Upon deposit of any prepayment together with any required premium, with the Lender and the giving of any notice required, the principal amounts prepaid shall, after such date, cease to bear interest. 16 ARTICLE FOUR GENERAL COVENANTS 4 -1. Payment of Principal and Interest The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Mortgage and the Assignment of Leases and Rents, which revenues and proceeds are hereby specifically :pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Mortgage and the Assignment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 4-2. Performance of and Authority, for Covenants The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained* in this Resolution in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note and the Loan Agreement and Assignment of Loan Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable obligation of the City according to the terms thereof. 4-3. Enforcement and Performance of Covenants -. The City agrees to enforce all , covenants and obligations of the Borrower under the Loan Agreement and Construction Loan Agreement, and to perform all covenants and other provisions pertaining to the City contained in the Note, the Loan Agreement and the Construction Loan Agreement. 17 4 -4. Nature of Security Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Leases and Rents, the Loan Agreement or any other document referred to in Section 2 -4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof,- nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable., upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Mortgage, the Assignment of Leases and Rents, the Construction Loan Agreement and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement and the Construction Loan Agree- ment shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. ' ku ARTICLE FIVE MISCELLANEOUS 5 -1. Severability If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute _ or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the . provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof* 5 -2. Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. • All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 5 -3. Registration of Resolution The Clerk is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 5 -4. Authorization to Execute Agreements The forms of the proposed Loan Agreement, the Assignment of Loan Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage and the Assignment of Leases and Rents are hereby approved in substantially the form heretofore presented to the City Council; and the Mayor and Clerk of the City are authorized to execute the Loan Agreement, the 19 Assignment of Loan Agreement, and the Construction Loan Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. Adopted: , 1981 Mayor of the City of Maplewood .. Attest: 20 MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Reclassification of North St. Paul Road from Collector to Minor Arterial DATE: June 23, 1981 _- Ramsey County has requested a resolution of support from the City of Maplewood for the reclassification of North St. Paul Road from a collector to a minor arterial. Refer to the attached letter d June 17, 19819 Recommendation Adoption of the attached resolution approving the reclassification of North St. Paul Road from a collector to a minor arterial, on the basis that such change is consistent with the City's current and ;proposed Plan. r - - It - -...__ Letter from the County Engineer (6- 17 -81) D 6.{. L e ..�c.....,..�w.wsnr. 7 =j _- dune 17, 1981 Mr. Barry Evans City Manager City of . Maplewood 1380 Frost Avenue Maplewood, Minnesota Ramsey County. DEPARTMENT OF PUBLIC WORKS 167 Courthouse St. Paul, Minnesota 55102 (612) 298 -4127 55109 Functional Classification of North Saint Paul Road - 7th Avenue C.S.A.H. 29 PHYLLIS F. SPECKER Administrative Assistant As reco=nended in your city's Comprehensive Plan, Ramsey County is proposing to reclassify North Saint Paul Road - 7th Avenue from white Bear Avenue to Century Avenue. A description and illustration of the proposed action are enclosed. In order to request approval for this change from the Metropolitan Council, Ramsey County requests a resolution fr= Maplewood City Council supporting reclassifying this segment of road from collector to minor arterial,.. This reclassification will not result in any physical or operational changes to the road. It would, however, qualify the road for additional sources of fund- ing than are available for roads classified as collectors. The County Public Works Department is not presently working on any plans for major reconstruction of this roadway. Any future reconstruction plan will not be affected by the functional classification designation of the roadway. The design of the road is not related to its functional classification, but to its operating characteristics. Ramsey County is assessing the functional classification of other roads within the County, and additional recoaw aendations for changes may result, If you have questions regarding this request, please direct them to Paul Kirkwold, Traffic and Planning Engineer, at 484-9104. Kenneth E. Weltzi Director and County Engineer KD/St Enclosure KENNETH E. WELTZIN Director and County Engineer O PROPOSED MINUR ARTERIAL North St. Paul Road - 7th Avenue from White Bear Avenue to Century Avenue Ramsey County Public Works De proposes to reclassify North St. Paul Road - 7th Avenue ( C.S .A.H. 29) frm White Bear Avenue to Century Avenue, This Z -.6 mile segment of road located in Maplewood and North St. Paul (see attached illustration) is currently cl.assifid as a collector. The County proposes that North St. Paul Road - 7th Avenue be classified as a minor arterial. Changing v the functional classification of North St. Paul Road - 7th Av enue from collector to minor arterial is rec me -ended in Maplewood, North St. Paul and Ramsey County Compre- hensive Plans. These jurisdictions believe that the characteristics of the road are more suitable to a functional classification of minor arterial than collector. North St Paul Road - 7th Avenue serves as a transportation connection between cities of St. Paul, Maplewood, North St . Paul and Oakdale. Hillcrest Shopping Center and the down- town area of North St . Paul are adjacent to the road. At some locations along its length, North St. Paul Road - 7th Avenue separates different ty of land uses , mra such as ccercia.l from residential or high- density residential fromm low - density residential. North St. Paul Road - 7th Avenue provides access to White Bear Avenue, McKnight Road and Century Avenue, which are minor arterials. There are currently no east -west roads class- ified as minor arterial or higher between Larpenteur Avenue and T.H. 360 Direct access to North St. Paul Road - 7th Avenue is regulated. Access to property from the roadway is permitted only when other feasible alternatives to its provision do not exist. Parking has been restricted at several locations along the roadway. Speed limits are 40, 35 and 30 mph along sections of North St. Paul Road - 7th Avenue. A11 traffic crossing North St. Paul Road - 7th Avenue is required to stop before proceeding. Inter- sections are controlled by signs at most locations. A signal controls the intersection of Margaret Street and 7th Avenue. The need for signals is being considered at the White Bear Avenue, McKnight Road and Century Avenue intersections with North St . Paul Road - 7th Avenue. Right of way requirements, according to Ramsey County's. Major Street Plan, are 86 feet for North St. Paul Road - 7th Avenue. MTC Routes 9 and 31 operate along the road and bus pulI - outs are provided at some locations. Current ADT is 5- 8,0006 Because of these characteristics the functional classification of North St. Paul Road - 7th Avenue should be changed from collector to minor arterial. 6A7/81 xn /et • LL r, A D A - 7 A ►" E v r ~n'f t� HL r WI� lee `•. ( ►, Y r r � t � ; - • t 1. ' Y K Q I•I L M G N � E L ok e cr 3 191 ' l rl , T o W uj n o a _ I Q rt �' 7th p V N Gv \` a C i > Q I- J _ v^ 23 cn 6+ r z AVE � Z W 3 Q v � z �5tn AVE 3 C Lr t4 rn a AVE 14 to J I AVE — �!!� UPPER a8thp S K a O S 2 AV E� �- Q ,3tn �, o GVE �� L " r t cr 3 r. c C,, c AV _ t W O m `^ ` NORTH SHIN I ��h f Avr _ `_ o PS RO PA U 't th AVE - v, END A VE t y ? l> G�F Qc�r ' �d 'Ott+ PRD,SECT N AVE ?a N +, , ��f 4C.. ? •h AVE ' ✓ " ►- cr, Ln - ArITLE AV 8th G` . v 6th ;s•- ' r • r AVE cr VI) -.j z - r J, - �. .n G ,� 2 3 ' v GvE AV ? I W Q W V Iv n E 4 . Y �5 � Ln ' St i a A1, :• �� FuAr AvE a SOUTH S AVE G r' L ' AvE � - C25 0 o. ELDR! DGE A z ' .. • EE 9 - 1 J' "' BEL MO NT L G . �� .: ^"_ .: ✓_ GF+F r f p AVE X7;1^ AVE < SHRr ER AVc Q :, r v� v - - i '` RYAN A1' a� Z GRA , —• 4 ,Wr Q ti v ? A FL CO A 1�•ti >-I , C GOG► > 1 1 w�f V bA Av � � u W 0 ,z: ... Q r if Ix W L • .- ..., v O • 'W pot a r�-w rL Y I z ow L E Y ` E ? f?rF. � E• GV W ; Q Y E J. :a p,�` E r 4�t O AKDAL E r ' C C 9 .. >- N K ING � T ON AVE 0 17 C ct �, G ✓l, bAj r, 2 Q P RICE V 3 '� Z o I a _ y i - .•+ !�C 32nd ST ``-/ c `� r - c• •� ►- NIL G p t E T L�f V Z G - BEGIN v AvE = o ✓� G F � z .� 30 • _ y cc PROJECT 4 Q .. > - L s Ile _ AVE V. r 4 Q `E E3 GvE f7 L'3 - -•• = > �. E v z APLEWOO — _ .T 'C _ E c -a 9 ZLINGTON _ CO Q ST. PAU GC • `.� ^ � /•• NG:•+t - C < - �HERWOOC ` Q \ ; 1 ?ctr c. 1 2 • cn • M PROPOSED MINOR IAL � 0 z RECLASSIFICATION OF NORTH ST. PAUL ROAD WHEREAS, Ramsey County is proposing to reclassify North St. Paul Road from a collector to a minor arterial; and WHEREAS., North St. Paul Road is designated as a minor arterial in Maplewood' s Comprehensive Land Use Plan and Comprehensive Land Use' Plan Update; and WHEREAS, North St. Paul Road is serving the function of a minor arterial by virtue of the amount of traffic it carries and land uses it serves; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the City is hereby supportive of the reclassification of North St. Paul Road from a collector to a minor arterial. Passed by the Council of the City of Maplewood this 16th day of July, 1981 John Greavu, Mayor Attest: Lucille Aurelius, City Clerk MEMORANDUM RA D � N U To: Barry Evans, City Manager From: Robert Odegard, Director of Community Services ' Sub j ect: Pay Scale for Puppeteers Date: July 10, 1981 Request is hereby made that the salary for special puppet shows for puppeteers be established at $25.00 per sEhow per puppeteer. _ The hourly salary for puppeteers ' for 1981 was established at $5.75. This covers the time that the puppeteers are working for the City of Maplewood on their dai shows Private companies, other communities, and organizations contact our department and request that our puppeteers put on special shows. for them. We charge them a fee to cover the cost of the show. The present pay scale does not cover payment of puppeteers on a per show basis and therefore the request for Council approval of $25.00 per show per puppeteer. J- RAMSEY CLINIC ASSOCIATES, P.A. 640 Jackson Street St. Paul, Minnesota 55101 July 7, 1981 Barry Evans City Manager City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 Dear Mr . .Eva n s , , Ramsey Clinic Associates, a 140- member professional organization, will open the new Maplewood Clinic at 1774 Cope Avenue on July 13, 1981. Dr. Franklin Fleming will be the staff physician at the clinic when it opens, and Mary Hudson will be the clinic manager. Ms. Hudson visited with Mayor John Greavu the other day, and he suggested that she appear briefly at a meeting of the Maplewood City Council to introduce herself and the clinic. We hope that Maplewood Clinic will play an - important role in providing health care to the residents of Maplewood and the surrounding communities. Mary would be delighted to have the opportunity to fill in the Council on our plans for the clinic. Can you find a spot for us on your July 16 agenda? I will give you a call in a day or two to confirm. Best egards, Steve Kaufma Public Relat ons Associate SK:dk MEMORANDUM TO : FROM: DATE: A SUBJECT City Manager _ Public Works Coordinator, July 10 1981 ASSESSMENTS: DISEASED SHADE TREE CONTROL PROGRAM - PROJECT 80 -6 r At the May 21, 1981 meeting, the Council ordered the preparation of the assessment roll and established a July 16, 1981 hearing date. Attached is a summary of the project cost and financing. It is P roposed that the assessments be payable in five (5) annual installments. Installments to bear interst at the rate of eight (8) percent per annum from the date of the adoption of the assessment roll. It is recommended that the assessment roll be adopted at the July 16, 19 81 meeting. This sets July 17, 1981 as the beginning of the 30 -day interest free period and the beginning of the 30 -day appeal period established by State Statutes. Changes in the assessment roll can be made by .specific resolution after review of hearing comments* attach. Action by Counc�? wc/mb .Rejcct d Date-.. i �-1 i l itt:j - kF jj ! `i • 31 F{ r e July 10, 1981 PROJECT 80 -6 ' ASSESSMENT ROLL SUMMARY Total • .�: Project Costs $51,283.38 State Aid Revenues 23,655.55 Assessment Revenue 23,656.76 . *City Cost 3,971.07 Total $51,283.38 Percent of Total Removal Cost Paid by Property Owner Tree Removed on Private Property 50% Tree Removed on Boulevard 40% Grant Ineligible Tree (Income Property) 100% *Includes cost of removal of trees on City owned property P y PROJECT.80 -6 COST SUMMARY Payments to .Contractor Inspection and Project Management Legal and Fiscal Sub Total Capitalized Interest (5.80) Total $27,675.28 20,479o72 317 $48,472.00 2, $51,283.38 l J MEMORANDUM �, ... ter. TO: Ci Manager FROM: Director of Community Development SUBJECT: Preliminary Plat and Variances — LOCATION: South of County Road C /East of Keller Parkway (see enclosed maps) OW Ray Nowi c k i - AP CANT: Robert's Properties PR C ECT: Carsgrove' s Meadow Second Addition DATE: May 14, 1981 SUMMARY OF PROPOSAL ^R Approval of a preliminary plat and five lot frontage variances to create 28 single- dwelling lots. Proposed Land Use 1. Refer to Map 3 for lot and street configurations - .2. Proposed Forest Street would be the only means of access, by paved public street, to the site. 3. Th "Leol a Road" parcel (an unimproved, private roadway from Keller Parkway to the plat site) is proposed for platting as portions of lots 21 - 24 block 1. (Map 3) . Presently Leol a Road serves as an unimproved access to the plat site from Keller Parkway. Although owned by the applicant, three abutting property owners have 50 foot wide, private, roadway easements over the Leol a Road corridor (Map 2) . 4. Outl of A from Carsgrove' s Meadow (1st) Addition to the east, would be combined with lots l - 3 and 9, block 1, to provide these lots with frontage on Forest Street. 5. Large portions of the northwest and southwest portions of the plat are proposed as drainage and utility easement. BACKGROUND Site -Description 1. ..Gross Acreage: 22 acres. r 2. =Net Acreage: 19.45 acres 3. Existing Land Use: Undevel oped. 4. Existing Easements: See item 4 "Proposed Land Use" NMI- 1 Surrounding Land Uses r Northerly: greenhouse Easterly: Proposed Carsgrove's Meadow 1st Addition (single- dwelling homes) Southerly: Undeveloped property planned for RL, Low Density Residential use and zoned F, Farm Residence. We erly: Single dwelling homes fronting on Keller Parkway, their -Don Estates Plat, and an undeveloped parcel with frontage only to a Road (a private roadway easement). quo- Past Actions 12- 20 -76: The Planning Commission held a public hearing on a proposal from Mr. Nowi cki to change the land use designation for the subject site from RL, Residential Lower Deni ty to Rh, Residential Nigher Density. It was recommended that the City Council deny the proposal on the basis "that the developer has not specifically requested an increase in density and does not intend to develop an increased population density and there has been no justification for increasing the density allowance for the property". The Commission also moved, on a split vote, to go on record supporting the development of the RL district being basically one that would be used by single family detached residences and on some occasions duplexes and that it find it unacceptable and inconsistent to even consider development in RL in the form of singular large sca 1 e apartment type structures. _ 4- 21 -77: The City Council considered a proposal from Mr. Nowicki for three 20 unit condominium buildings. The Council moved to refer this proposal to the Planning Commission with the direction to consider creative concepts in housing in RL designated land. 6 -6 -77: The Commission reaffirmed its position that large scale apartment type buildings are inconsistent with the RL designation. Since the proposal was not materially different than previously recommended, the Commission recommended denial. 6- 16 -77: The Council decided to take no action until a formal application for a PUD was made. 5- 21 -79: 1. The Commission recommended approval of a Plan amendment for the site from RL Residential Lower Density to RLE, Residential Lower Density - Extended. 2. The Commission tabled consideration of a preliminary plat /PUD proposal for 22 double dwellings until "Council has acted on associated improvement projects JForest Street) and changes are made in the site plan". 8- 1679: Council approved a Plan amendment, from RL to RLE, on the basis that: 1. Clustering of units is necessary to preserve trees and wetlands on the site. 2. The proposed density would not exceed 14 people per net acre. 3. The property would be developed as a planned unit development. 4. Double dwellings would be compatible with surrounding homes. 2 6- 21 -79: Council ordered the construction of Forest Street from County Road C to Keller Parkway, Cypress Street from County Road C to Brooks Avenue, the. interior • streets for the Carsgrove' s Meadows 1st Addition plat, and utilities in Gervai s Avenue. This project was not constructed, because Mr. Nowi cki could not provide the required financing. • 6- 5 -.80: Council approved a time extension for Carsgrove' s Meadow.. l st Addition and directed staff to update the engineering feasibility study. (The update w i l l consider the improvements required for Carsgrove's Meadows l st an Add ti ons) . A twaring date has been set for June 4, 1981. -` DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: RLE, Residential Lower Dens ty- Extended. The Land Use Plan update combines this classification with the RL, Residential .Lower Density classification. 2. Proposed Density: 5.9 people /net acre plus .7 people /net acre (density transfer from Ca rs g rove' s Meadows l s t Addition) = 6.6 people /net acre. 3. Permi tted Densi ty: 14 people /net acre. 4. Zoning: F, Farm Residence. 5. Section 462.357 (subdivision 6) states that variances may be approved "from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance." Variances 1 - 4 6. Section 1005.010 (1) (bb) of City Code requires "not less than 60 feet of frontage at the front lot line". 70 Lots 6, 7, 15, and 16, block 1, would have frontages of 56 feet, each requiring a variance of four feet. Variance 5 8. Lot 21, block 1, would have a frontage of 54 feet, requiring a variance of six feet. 91 The lot frontage variances are to reduce the need for grading and to preserve trees. 10. Proposed East Delmont Avenue should be revised to read East Demont Avenue. i T Envi ronmental • 1. The site is heavily wooded and contains two wetlands. The wetlands would be retained* 2. The soils under the proposed units are suitable for development. There are steep slopes under several units that could cause erosi or" problems if property precautions are not taken. _ ."Now— 3 Refer to the enclosed report from the Soil Conservation Sery - tce dated 4- 16 -81. PuBl i c Works Forest Street is proposed from County Road C to Keller Parkway along the east property l i n e of the plat. Sewer and water would be constructed in this street and would service the plat. 2. The natural wetland in the southwest corner of the site is to be used in its present configuration as a storm water holding pond. A storm water easement from this pond, along the Leola Road Corridor, to Keller Parkway should be dedicated for a pond outlet pipe (Map 4). 3. Storm water easements should be dedicated between lots 3 and 4, 14 and 15, and along the north l i n e of lot 1, all in block 1. Finanrial A deferred water assessment for Project 75 -16 should be paid prior to final plat approval. Pa rks 1. On July 9, 1979, the Parks Commission recommended to the Planning Commission that "the developer dedicate a 30 foot east -west fenced blacktop trail on Leola Road from Keller Parkway to Forest Avenue for bicycles and pedestrians exclusively to tie in with the projected Keller Lake bicycle trail with the design to be approved by the City". On May 11, 1981, the Parks Commission reaffirmed their July 9 , 1979 recom- mendation. 2. The Comprehensive Plan update proposes bicycle trails along Keller Lake Parkway and County Road C. Other Agencies T h L x need for a U. S . Corps of Engineers fill permit is not anticipated. No f i l l activity is proposed below the natural wetland high water line. A permit w i l l be=requi red from the Minnesota Department of Natural Resources for the proposed culvert to drain the wetlands to Keller Lake (See item 2 "Public korks ") . Citizen Comments Seven of fifteen property owners within 200 feet of the subject site responded to a survey conducted by Staff. Five of the seven respondents have no objections to the proposal. Those with concerns would not be opposed to the proposal, if: 4 1. The wetlands and trees are preserved 20 Drainage from the site is not allowed to flood adjacent properties 3. Leola Road is not used as an access to Keller Parkway CONCLUSION Analysi s - z The issues to be considered are the provision of two means of access, � whe -they to require a bike /pedestrian trail along the Leol a Road corridor, and the proposed configuration of Lot 21. Council will be addressing the access issue on June 4, 1981 when the Forest Street improvement project is considered. This project is designed to serve both Carsgrove'-s Meadows Additions. The feasibility study showns the project to be cost - effective. A trail along Leol a Road would encompass several problems. First, the applicant does not have the ability to give full title to the City. A roadway easement, across the south 50 feet of the site, runs to the owners of three adjoining properties. All persons with an interest in the land would have to give permission - persons over which the applicant has no control. Second, the Land Use Plan does not call for a trail along this alignment. The _ Land Use Plan update does, however, recommend trails along County Road C and Keller Parkway to serve this neighborhood. Poor visibility would exist at the trail's intersection with Keller Parkway, resulting in a potential traffic hazard. An improved driveway exists along the west 200 feet of the Leol a Road corridor. Requiring a trail, would involve the use of the private driveway for public purposes. Given these negative aspects, it is recommended that a trail not be required. Finally, the configuration of l 21 should be revised to eliminate access to Keller Parkway. That portion of the Leol a Road corridor lying south of lots 16 and 17 should be combined with the property to the south. If combined with lots 16 and 17, the natural wetland would separate the roadway property from the remainder of the lots, affording no means of access, That portion of the corridor west of l 16 should be combined with adjacent properties. This corridor serves as the only viable access to the property on the north side. Site distance to the south from the present driveway's intersection with Keller Parkway is extremely limited. As a result use should be limited to as few properties as possible. Reummendati on I App roval of five variances to allow a l frontage of 54 feet for lot 21, block ,and 56 feet for l ots 6, 7, 15 and 16, block 1, on the basis that: 1. Each lot meets the width requirement at the building setf line s 2. Each lot substantially exceeds the minimum lot area requirement 3. The City has consistently approved these types of variances in the past 5 II. Approval of the Carsgrove's Meadows 2nd Addition preliminary plat, subject to: • 1. Council ordering the Forest Street Improvement project. 2. Carsgrove' s Meadows 1st Addition is recorded to insure that the parcel designated as Outl of A is combined with the 2nd Addition. 30 Revise the metes and bounds description. for the plat to refer to Outlot A of Carsgrove' s Meadows 1st Addition. 4. Payment of deferred water assessments anna- 5. Implementation of the recontnendati ons of the Soil Conservation Service, dated 4- 16 -810 6. Revise the configuration of lot 21 to exclude that portion of the Leol a Road Corridor lying south and west of lots 16 and 17. That portion lying south of lots 16 and 17 shall be combined with the property adjoining to the south. The remainder shall be combined with adjoining properties to the north or south. If the concerned properties will not accept the Leol a Road property, lot 21 shall remain as proposed. 70 Dedication of drainage easements between lots 3 and 4, 14 and 15, along the north l i n e of lot 1, and along the Leol a Road corridor from the holding pond in the southwest corner of the site to Keller Parkway. T 8. Revise East Delmont Avenue to read East Demont Avenue. 9. Submission of a signed developers agreement for all improvements internal to the plat. 10. City Engineer approval of final drainage, utility, and grading plans. Enclosures: 1. Location Map 2. —Property Line Map 3. — Preliminary Plat Map 4. Drainage Plan - Forest Street Improvement 5. *-Soil Conservation Service comments, dated 4 -16 -81 i A _._,.. BEA _ A v E 60 :. qV n ..v Gervois - Loke. Loke _ _ .... -- . --._.. _ _ Q 7 --,- - _ -- KOHLM OUNTY�"' IL AWALS- V N _j W D J Q 0 t� a Z U W - / 1 61 L F 1 GERVAIS C 58 ' I r C 0. R ., 8 • VV \r 1� v i K I G D Keller 40 LARK AVE. in W � � J J 4 W Q L k e "" CO UN TY - -:-' O u T Y L _ J d cr t{ E' ` c Ir jar W z Q '`"'�" O °C L E L A N D �� h r N 25 .." `.� Q m o JUNCTION AVE _ v r Q � BURKE AV. ��� � BU R '� H An L DR ioGE av q BELMONT 4 a �4 - v a QN 4V m ( �8) SKILLMAN A SKI W K WC O D LA. 3 SH Ry cr yvE Z W F W m o cr G M T [� R Y J~ N AVE. i W Z ERNON vE R a } N R W W o 60 AVE. W a W cc 3 26 Li 28 FROST W 4� 22 �o d BELL ac 5 Q 27 W w FF NTON AVE. a 2 W _j 2 U) LLI 0 W Y , 62 a 3 a or FRISSIE AVE `r' a � \ ~ SGk is 3 0__: r RIPLEY AVE. 27 - vf RIPLEY aVE. - W Q - --- Loke so PH IA S T Q = w KING W ST A VE. Round o - h I.- C�j 6I Y z �- ICE AVE _ 4 �Q' �" Loke Pho /en .. _-D a o r Now 1. LOCATION MAP 4 N I / I r.L IWO, .n ..JF �2p c ono a 9a Z f c o � S f� _� L -COURT 16 lift x70.7.,; yv 9G A �� . • „� b l9 bb lop t - r• �•�� O l • . L _J • ► -+ f c 1 V � ar- } T • 1 � �i 1 4 i f 2 t t3 .01 ac, o 30 �„ 2. PROPERTY LINE MAP W Roadway Easement (50' wide) Properties the easement runs to Q N • pt PCs -• Outl of - A Carsgrove s "• Meadows (1st) Addition o J • • Z ? - - - Sys - A -9.Tr �D l: /SD .304.97 o � S f� _� L -COURT 16 lift x70.7.,; yv 9G A �� . • „� b l9 bb lop t - r• �•�� O l • . L _J • ► -+ f c 1 V � ar- } T • 1 � �i 1 4 i f 2 t t3 .01 ac, o 30 �„ 2. PROPERTY LINE MAP W Roadway Easement (50' wide) Properties the easement runs to Q N • - � � ICS• ` � � * ,�,� • � � � • ..•.�.... ♦ 1 ( , j '..• /• .. - -• •_ ' �. (r _ ••" I ♦ • • • . 1 • • • • •, • - �• ..- .7�•.r-ter � _ • • •f •� • • ' ` set • ' • �, r • . j •i ; / • ♦ i , . . •`- •� ♦ �� - ` • � •• `` - • 1 f •� / � / = - - ` ` ♦(��•r�• - mot • . I ' �. • • ,r/' • f J I.I. , ��_..►• -� / • • ; •• ;• � -`_. •r.i� � _�•• ` -- - I / - � - �� •. �+ I /•-err I••� �� � I 0 op Jc dwL o s f qb a dr mop or o IL lb Af lb . �. • ` ` 'mo �. •. • • • '' • G • _ • `mow . ••• � 1 - �� • ��r JWtf•V� . ' �'T �, - � _�' ...�f1'' AM V1. of ago dw r I - r s 3, PRELIMINARY PLAT d Q N r d 3' Y Cr Q a Cr. w, J� J� 4J Y i i W Q U Q' Q O 1 � r 1 I 4 , .- OOOP Q v? �f T All 36.1 4. Drainage Plan - Forest Street Improvement Project KOHLMANS LAKE / .r COUN ROAD C r d 3' Y Cr Q a Cr. w, J� J� 4J Y i i W Q U Q' Q O 1 � r 1 I 4 , .- OOOP Q v? �f T All 36.1 4. Drainage Plan - Forest Street Improvement Project UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 1827 North St. Paul Road, Mapie%omd MN 55 109 April 16, 1981 TO: Randy Johnson, As sociate Planner, City of Maplewood _ _ RE: Update of Cars ' s Meadaw, 2nd Addition. i The 2nd Addition was, reviewed by the Ramsey Soil and Water Con s erva t ion District in February, 1979. A copy of this report is attached. At that time the plat Was proposed as a townhome development. It is now proposed as single family homes; the street layout remains the same. The cents made in the February 1979 report still apply. Portions of part III of that report should be amended to reflect the new lot numbers as follows: 1. No runoff from roofs or driveways should be directed over the steep slopes that exist at the back of the following Lots: 5 -8 and 14 -16 of Block 1. Roof and driveway runoff from these buildings should be directed forward to the street. 2. As mentioned in the soils section of the February 1979 report, side - hill seepage is a potential hazard and drain tile may be needed to keep basements dry and prevent frost damage to structures. Lots 12 -17 of Block 2 may be especially prone to this problem. 3. ]`reservation of some of the large oaks on the site will enhance the beauty and value of the plat. Special care should be taken con- struction not to damage the trees that are to remain. T)wWe to the bark provides an entry point for the oak Wilt disease which can then be transmitted from tree to tree by root grafts, Erosion control rrasures will be needed during construction and should be applied as outlined in the February, 1979 report. That report concluded that the general plat layout was good and that encroachnent into Wetland areas would not occur or be 1. This assessment still holds. The change to single family homes may even reduce the amount of site disturbance required and thereby reduce the potential sediment damage to adjacent wetlands. With a few precautions for control erosion and the necessary engineering considerations for the soils of the area, development should not cause, or be subject to, serious soil and water related problems, Sincerely GEM R f ' Stan Wendland, District Conservationist Ramsey County Field office Enc. SW/JS RAMSEY SOIL AND WATER CONSERVATION DISTRICT -. . ' .l . • Mid-Arn+ericc Bonk Building 1877 North Soint Pou! Rooc Maplewood, M innes.oto 551C9 Telephone !612) 717 -0127 MINNESOTA L � � SOIL AND WATER CONSERVATION -- February 20, 1979 DISTRICTS To: Supervisors, F=ey Soil and Water Conservation District FROM: D. M. ZWi ers SUBJECT: Proposed Plat of Carsgrove's Meadow 2nd Addition near County Road C and Cypress Street in Maplewood. Vr. Stan Wendland, District Conservationist, transmitted his review of the above described development in Maplewood to the Ramsey Soil and Water Conservation District Board for its approval. We approve his report. We emphasize that the Soil and water Conservation District has no regulatory function and can only make recommendations, As mentioned in Mr. Wendland's report, extreme care must be taken in .developing this site to prevent erosion and protect adjacent Wetlands. Special emphasis needs to be given to provide drainage any from the steep slopes. This can be accomplished by proper grading of new slopes or any other method which provides suitable results. Special attention should be given to existing wetlands to see that they are retained in their cBcisting condition. Proper precaution should be taken to prevent wet basements as outlined in 1!r. Wendland's report. It i the policy of the Board to provide copies of all correspondence to future landowners who suffer damage due to conditions Which were anticipated prior to construction. Sincerely, Duane Zwiers Plat Review Committee 0 y s AN EQUAL OPPORTUNITY EMPLOYER �O UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 1027 No. St. Paul Road, ' Saplewoo;i, "inne so ;,a Februa i"i 14, 19 79 TO: Supervisors, Ramsey Soil and !'dater Conservation Di s�, i ct Z�� SU3JE'Cr"L , ': Review of Cars ;cove's Meador; 2nd �� 'dition on requPMr of the C! tv of ?.'.ap 1 e wood . I, INTRJDUCTIOAN The proposed plat i s located in the .'i'.'Jl of .sec . 9, T. 29'� . , R. 22�, . '11 e area is 20 acres in. size with 22 lots and 44 units proposed. Public sever and water are planned. This plat lies directly west of Carsgrove' s '.'eadow, which was revie► ;ed for '�r. 1:owicki November 1, 1977 and for the City of '.taplewood on November 14, 19770 ' This report will evaluate site suitability, in terms of existing soil and water resources for the proposed landuse. The soils i ^f'orr^ation contained is general in nature and applies to a depth of 5 feet. Before decisions are made on specific sites, a professional soils engineer should be contacted for on site investication. II. EXISTI14G SOIL AND WATER RESOLT.CES A) Soils and Topography The topography of the site is con - plex, w; th many short stcep slopes. Notice on the Site Plan and Preliminary Draina f-e Plan '. n that .many slopes over 155 exist, riowever, very few of these slopes exceed 100 feet in length. The majority of these slopes are located directly adjacent ' to wetland areas. The landscape of the area is conmosed of two soil types. Both soils are formed In glacial till material. Charts are included at the back of this report which outline soil characteristics and factors that affect urban development. The bottom line of the charts gives the overall suitability of the soil for urban development, rrom the soils data, it can be concluded that areas napped as 1323 and 132C are the best suited for building sites. The major problem on these areas is wet basements due to the ability of the soil to hold relatively - high quantities of vrater, and because sideslone seena! can occur unex- pectedly during development as a result of land Frading� drain the should be installed around foundation footings to help insure dry = - basements, Areas mapped as 132D provide marginal building; sites because of the steepness of the slopes and high erosion potential . Homes constructed on these areas should be designed to fit the 1Rr,dscane as much as possi- ble to r�inimi ze land grading. Pare 2 - 2/1;x/7? The areas mapped as 2_25 are not as suitable for hormesi tes because of the moderately iiir;li water table. No st:•u�� turc:�� are p lai —used for t1JeSJe areas. • 3 } ►later Resources Two wetlands exist on the western boundary of t�:c plate th e two Vie tlan:3s Will receive nearly all overland flow from the proposed play- The sort h-ern =f one is approximately 2 feet hi C' er than the southern one and may overflows - into the southern wetland at tines, The southern wetland appears to be landlocked. kny overflow from. this wetland, or flow from, the few areas of the plat that is not directed to these t:;o wetlands, will enter Spoon Lake via wetlands off the plat site. The fact that the wetlands in vhe vicinity of the plat are to be retained rather than filled will cep tainly assi s't in controlling the water level and quality problems of the Whaler. Chain of Lakes, C) Vere tation The plat area is wooded. Oak is the do- rinant species. Develop -ent should Le done to preserve as many of the trees are possible. especial care should be taken during construction not to da:a.3 e the trees that will C . rer►.ain. Damage provides an entry po+nt for the Oak ',.lilt desease which will then follow through the root system to adjacent trees also killing them. The wooded nature of the area increases the erosion hazard on the steep slopes because the type of vegetation at the ground surface does not develop the same dense, fibrous root systems common to the grasses of unwooded hillsides. As a result, the increased runoff from impervious surfaces that may be directed over undisturbed slopes has a Greater potential for causin serious erosion da��age to these wooded hillsides. III -CRITIQUE As ID PECO.- SID1DAT I ONS The combination of steep slopes directly adjacent to wetlands and the wood- land vegetation make this area especially sensitive to erosion dar�;aC. during f; P and after construction. Control of erosion is important to main tsir. the stability of building foundations, storm sewer inlets and outlets; to provide attractive homesites and vrevent irreversible sediment damage to t1le adjacent wetlands. The following reco-77;endations will ensure that this plat clay be developed with rlini.mal short term and long term problems. 1, No runoff from roofs or driveways should be directed over the steep slopes that exist at the back of the follov1 n T bulldin�-s (as numbered on the nrelimirnary plat map): #6­12 and !'15­212. All roof and drivelva;; runoff from. these buildings should be directed forward to the street. _-- Correct handlirir of the runoff from buildings P 19, 2O and 2 is especially critical. The rwnofA' from these - three buildings will concentrate (see MaTo ) prior to roin over the "Y' slo:�e above the wetland. the hazard OA erosion at this point is hi _.h. If roof runoff i s directs to the p hip h. this hazard will be elindnated. 'Or; • • Page 3 - '/14/79 '. As ilenti oneda in the soils section or the s report si dehi 11 s ee, �; a: e is .a potential ha Jard and drain the rimy be needed to keen) i)aser�ents dry and prevent frost da.ma %e to structures, t gyres . if tile is used, outlets s'_loul;� , be Dlaced so erosion will not result, 3, DesiCm care is needed to avoid darnar;e by frost action to paved surffaces . -. Preservation of some of the lame oaks on the site will eminance the auty and value of the plat. S pecial care should be ta1:en drrin co: i - &traction not to da,, -•ge the trees that are to remain, 5. A-11 slopes -;ith a Final trade in excess of 12''', or where overland ''loy.r e�_cee3s 3 fps, should be sodded ir�� afte final rradinr is cc"^;�lzte. The sod should be. laid at right an;-les to j.he slope and s tahed. On Slopes ever 255, the sor may be covered v:i th. �iu mesh and pe ged doi%m to ho1d the sod securely, Slopes less than 12- should be seeded i= e3i ately followinc- final : radix ;. A proi)er seedbed must be prepared and simoothed, The best seed mixture suitable for lawns is 60 nercert :�entuci :v blue�ras:; and ?0 percent cr,eppinc red fescue. applied alt the rate of 2 lbs per 1J�0 scuare feet . 1 - The in teL ty of this seeding, , can be ensured by coverinrT the seed wi th utood excelsior blankets or long fibered wood excelsior broa�cas t at the rate of 2, pounds per acre and anchored in place with plastic netting-. If areas opened by grading are to rer~ain exposed before final - ^adi::1 is co.mleted and permanent vegetation can be established, thev should be covered with straw rrul ch applied at the rate of 3,000- lbs /acre , If permanent vegeta cannot be establis��ed vii thin E� days glen these areas should be seeded with rye brass at the rate of li bu� acre prior to nul c h f n fT The general layout for thi plat is good; the dec ipi on not to build in the wetlands, or even encroach to a significant extent, will provide benefits to the community that will become invaluable in the future. 4 "Ith ir�lementati of the above recom enda Lions, construction of this 6evelopment will provide homes i tes without serious soil and water related problems. Sincerely, C Stan Wendland District Conservationist r -- s M1 :Mr)DAN N inn T0: CITY. MANAGER FROM: DIRECTOR OF PUBLIC WORKS DATE 7/9/81 SUBJECT: CONDOR STORM SEWER PROJECT 78 -18 A public hearing for this project is scheduled for 7:30 p.m. July 16, 1 981 . The City. Council ordered the proposed work before, but due to land acquisition difficulties, the project did not proceed. The estimated cost for the proposed improvements is $35,000.00. The assessments are recommended to be charged to Connemara II. The resulting cost is approximately $350.00 per /unit. If the City Council does order the improvements, it is recommended that action be taken to approve the attached plans and authorize advertisement for bids. /mb �,.. V �./ A�41mYY✓,wir ..Fwr..r.�sw�Y/�aR^1�'� 1 0 j47 M E M O R A N D U M TO: CITY MANAGER BARRY EVANS FROM: CITY CLERK SUBJECT: INDUSTRIAL DEVELOPMENT REVENUE NOTE LOCATION: EAST SIDE OF WHITE BEAR AVENUE, SOUTH OF COUNTY ROAD B APPLICANT: PEARSON- LINDBECK PARTNERSHIP DATE: JULY 10 1981 Pearson - Lindbeck Partnership, (Richard Pearson and Thomas Linbeck) are requesting approval of tax exempt mortgage revenue note financing in the amount of $350,000. They propose to construct a 23,000 square foot warehouse facility to be leased to various tenants. The facility is to be located on the East side of White Bear Avenue south of County Road B. The applicants have met the Revenue Note Criteria adopted by Council October 16, 1980. � STATE OF MINNESOTA DEPARTMENT OF COMMERCE - SECURITIES DIVISION APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT To- Minne soda Department of Commerce Securities Division 500 Metro Square Building S t . Paul, Minnesota 55101 Date The governing bodv of Maplewood County of i, Minneso-ta, hereby applies to the Commissioner 6lthe IitSPt.._._ State of Minnesota, Securities Division of the Department of Commerce, for approval this roval o t i coin - munity's proposed municipal Industrial Revenue Bond Issue as requi q Y Section 1, Subdivision 7, Chapter 474 Minnesota, re p sofa Statutes. Ile have entered into preliminary discussions with: to Pearson - Lindbeck Partnership to be formed by FIRM Dick Pearson and Thomas Lindbeck ADDRESS 1781 East Arlington CITY St. Paul, State of Formation: Minnesota Attorney Ed Mansur 200 South Robert Address St . Paul, Minnesota Name of Project Pearson - Lindbeck Partnershi This firm is engaged primarily in (nature of business) : real estate development The funds received from the sale of the Industrial Revenue Bonds will be used to eneral nature of - to ( general project) . construction of approximate 2 3 0 0 0 square foot warehouse facili to be leased to various tenants It will be located in Maplewood The total bond issue will be approximately $350 000 to be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acquisition and Site - Developme - $ 5000 _ Construction Contracts 300,000 Equipment Acquisition and Installation -0- Architectural and Engineering Fees 5 000 Legal Fees . 1-01000 Interest during Construction 21,000 Initial Bond Reserve _0_ Contingencies 10 000 Bond Discount -0- Other - STATE Mi nnp -qni -A MORTGAGE REVENUE NOTE CRITERIA Adopted 10-16-80 A. Definitions Existing Business shal • 9 l l be defined ned as a presently r atin r rise with y op - 9 ndustry or commercial enterprise at least one year o operational history ' the City y w� thi n r � New Business shall bedefined as any industrial or commercial en which does not qualify as an exi business enterpri , B. Project E1 igibi 1 ft Guidelines i nes 1. The project shall be compatible wi th Cit P the overall develop men t plans of the y, including the Comprehensive Plan Zoning, Board Standards 9 and Communit Design Review 2. The project shall not re � • quire a sig gni f � cant amount of public ex end i tures for City improvements such as roads s p ewers , and waterma i ns 3. The project shall involve • an existing business that the City wishes to expand or a new business which the City w i s hes shes to attract . a. Existing Business Criteria Any expansion, relocation, or rehabil - of an exi sty ng bus b. New Business Criteria 1. offers significant new emplo o ' the nature o f pportun� t� es, based upon the use, on a year around basis, or 2. The project involves the rehabili of a vacant or scheduled to be vacated structure, or 3. The .proposed location is within a designated development or redevelop- ment target area, and 4. Possesses a low potential for creating t� ng pol l ut� or. 4. The number of businesses of the sam general nature in the area of the proposed project shall' be considered in determi revenue note f i Han ni ng the need for commercial cing. 5. The note shall be for an issue of n less than $300,000 b.._ Construction must begin within on • e year of prelim approval. C. application Processing Guidelines 1. City financing of the project shall be limited to the issua a of a sin 1 � g e mortgage revenue note, to be marketed. as a provate placement, . Final approval shall not be granted by the City Council 1 until the p p h received approval with respect to zoning, site desi n, building di n design, or platting. g 9 9n� 3. The applicant shall sign a memorandum of agreement providing that th will pay all costs involved i n the legal and fiscal review of the e propos ed project and all costs involved i n the issuance of notes to finance the project. 4. The City reserves the ;ight to den an a lication financing y y pp for at any stage of the proceedings prior to adopting the resolution authorizing issuance of the note. The purpose of the above date is to evaluate our ro o -a - - a - nd r ' Y P P e City laws and poli You may refuse to provide this data. . Refusal, however, may jeop ardize approval of your application. The above information will be made P ubl i c to all who request it, 2 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 r NECESSARY DOCUMENTS AND MATERIALS J 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 economi- call sound industry ry 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 governmental 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; (c) The City council of the City of Maplewood ("the City" ) has received from Pear son-Lindbeck Partnership, a partnership to be formed by Dick Pearson and Thomas Lindbeck under the laws of the State of Minnesota (the "Company ") a proposal that the City undertake to finance a Project __ hereinafter described, through the issuance of revenue bonds in the form of a single debt instrument ("the Note" ) pursuant to the Act; (d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment 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 areas and help maintain a positive relationship P between assessed valuation and debt and enhance the image and reputation of the community; _ (e) Company is currently engaged in the business of real estate development. The Project to be financed by the Note is a warehouse facility to be located in the City and leased to various tenants and consists =of the construction of buildings and improvements on land owned by Dick Pearson and Thomas Lindbeck and will result in the em- ployment of additional persons to work within the new facilities; (f) The City has been advised by representa- tives 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 bor— rowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on June 18, 1981, a public hearing on the Project was held on July 16, 1981, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 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 the 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 Note in the total principal amount of approximately $350,000 to be issued pursuant to the Act to finance the construction 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 Bonds; and the City hereby undertakes preliminarily to issue its Note in accordance r with such terms and conditions; 2.. 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 prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, 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 effectively 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; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Com- missioner of Securities, and subject to final approval by this Council, Company, and the purchaser of the Note as to the ulti- mate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and Real Estate, requesting her approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; 5. 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 completion and whether or not approved by the Commissioner will be paid by Company; 69 Briggs and Morgan, Professional Association, acting as bond counsel, 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 purchaser of the Note as to the maturities, interest rates and other terms and provisions of the Note and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre - pared 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 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 thereon. The holder of the Note shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Note or the interest thereon, or to enforce payment thereof against any property of the City. The Note shall recite in substance that the Note including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Note shall not constit -ute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner of Securities and Real Estate and the issuance of the 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 toward payment of that portion of the costs of the Project to be financed from the proceeds of the Note as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the be financed from the proceeds of the Note as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Note if and when delivered but otherwise without liability on the part of the City; r 9. If construction of the Project is not started within one year from the date hereof, from and after July 16, 1981 this resolution shall have no force and effect and the preliminary approval herein granted is withdrawn. r z' t Adopted by the City.Council of the City of Maplewood, Minnesota, this 16th day of July, 1981. Attest: Mayor City Clerk .s STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualif *ed and lea acting Clerk of the City of Maplewood, Minnesota, DO HEREBY, CERTIFY that I have compared the attached and foregoing extract , of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval to a commercial facilities development project. WITNESS my hand and the seal of said City this day of 198_ . City Clerk (SEAL) s� 1 Y � MEMORANDUM T0: FROM: SUBJECT: LOZTION: APFUCANT: OWftRS DATE z City Manager Director of Community Development M... T Zone Change (F to R-3) _ -Woodlynn Avenue and McKnight Road (See map) Mack Nettleton Mack Nettleton, Jerrold Li ndahl., and Geraldine Nordgren July 1, 1981 SUMMARY OF THE PROPOSAL Re quest To rezone a 7.67 acre tract from F. Farm Residence District to R -3, Multiple .Dwelling Residential. Proposed Land Use The applicant intends to build quad homes. BACKGROUND Site Description 1. Acreage: 7.67 acres 2. Existing land use: Undeveloped, except for NSP high power lines Surrounding Land Uses Northerly: Undeveloped property planned for Rm, Medium Density Residential and zoned for F, Farm Residential Southerly: Woodlynn Avenue. Across Woodlynn Avenue are some single-fami houses and undeveloped si 1 ots . .Easterly: McKnight Road. East of McKn.i ght Road is undeveloped land planned for Rm and zoned R - Single-Dwel Residential Westerly: Undeveloped property planned for Rm and zoned F Past Action 11- 1 28 -80: The -City of Maplewood approved a lot division, d vi di the site into three parcels. The applicant has not recorded the new deeds. - a - 4- 20 -81: The Planning Commission recommended approval of the proposed zone change. At the time of their review, however, it was believed that the subject land was planned for Rm, Medium Density Residential, which would permit the quad homes. 5 -7 -81: Council tabled the rezoning until the Plan Update is completed. 6.4-8.1: Council set a hearing for this case for July .16. Plan ng 1. Land Use Plan designation: RL, Low Density Residential, 20 The RL Land Use classification is incompatible wi th ' the proposed zoning. The RL classification will only allow single - family homes at -a density of 14 people /net acre with an occasional interspersing of doubl -e- dwellings . 3. One of the housing goal objectives in the Plan Update states that: "Whenever possible, changes in residential land uses and types shall occur at either center of mid -block points so that similar uses front on the same street, or at borders of areas separated by major man -made or natural barriers," 4. One of the housing goal objectives in the Comprehensive Plan states that: "The village should encourage and plan for a wide variety of housing types by b. Providing a choice of ownership, type and location of housing" (p.46) 5. Zoning: F, Farm Residence 6. Section 906.400 (b) of City Code states that, "The density shall not exceed the maximum density permitted by the land use classification and people per unit designated in the City's adopted Comprehensive Plan" 7. Section 912.080 of the Zoning Ordinance states that in order for the City Council to approve a zone change they shall. a. Assure itself that the proposed change is consistent with the spirit, purpose, and intent of the zoning ordinance. b. Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. c. Determine that the proposed change will serve the best interests and conveniences of the community (where applicable), and the public welfare. d. Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and schools. e. Be guided in its study, review, and recommendation by sound standards of subdivision practice where applicable. t f, Impose such conditions, in addition to those required, as are necessary to assure that the intent of the zoning ordinance is compa i ed with, which conditions may include, but not limited to, harmonious dpi gn of buildings, planting-and its maintenance as a sight or sound screen, minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation. 2 Public Works 1. Sanitary sewer and water are available. 2. Storm drainage is a potential problem. A complete grading and drainage plan .must be approved by the City Engi during the devel opmental stage. Other Agencies - x P easement which covers the north 150 feet of the site c�not be built t u on. AMP The NS � _ p CONCLUSION Analysis Staff had originally recommended approval of this rezoning, on the basis that it would be consistent with the Land Use Plan. Unfortunately, the Plan was misread. The dividing l i n e between Medium and Low Density Residential is the power lines north of Woodlynn Avenue, rather than Woodlynn Avenue itself. This can be seen more clearly on the Plan update. Staff apologizes for this error, but we do not feel that this is justification for approving a rezoning that is inconsistent with the P l a n . Rezoning the property, without amending the Plan, would maintain the planned density of 14 people per net acre, but would allow multiple dwellings, This would be inconsi with the RL, Residential lower Density classification in the Plan. The RL classification is primarily for single - dwelling homes, with an occasional interspersing of double-dwellings. It is City policy to not approve rezoni ngs that are not consistent with the Land Use P1 an. Changing the Plan requires f i l i n g an application for a Plan amendment. The applicant is aware of this. An application has not been submitted as of this wri ti ng. The following advantages and disadvantages should be considered in. evaluating a Plan amendment application for this property: Disadvantages 1. Increase in traffic 2. Increase i n density Advantages 1. Dri veway openi ngs to Woodlynn Avenue soul d be combi ned and reduced 2. Increase in housing style choices in the neighborhood. Recommendation _ Table the rezoning until a Plan amendment for this property hasten requested by Council. Enclosed: 1. Location Map 4. Plan Update Proposal 2. Property Line map 5. Petition 3, Current Land Use Plan 3 ROAD ' (I) N. LAKEWOOD DR. (2) N. MEYER CT. (3) BRENWOOD CURVE lAl F RPF PJWrR AVV Y ' `2Q� Q� �► RID STAND } w' STANO- 3 2z 'y �aJ MAPLE LANE 1 I) 2 (3) o Y W AVE a M I MAPLEVI EN AVE. �1 i , \ R A A T::'._.__':'.:.:• (1.) MAPLE LAN E 68 (2.)CHIPPEWA CIRCLE (3.) CHIPPEWA AVE. NORTH ST. PAUL W a o ' W KOHLMAN AVE. .' ; ~ bi a 23 E DGEHILL R0. 65 ' AVEw _ AV t11n AVE. 4JER VAIS f AV r I� t..00.0. ,., �, 36 A STIE AV � t q EN AVE.':. ' 0 AVE. j ARK AVE,►= '^ • Y cc W W 1 64 Z �� 25 f *VA •v 3 6131 Z R22W I 6 R21W O T2DN � Z 1 Q1 Q ( 19) , 3 'AVE. 0 W AKE E Si Ivor Lake i LOCATION MAP 4 N OF Ar LoO L. I IN 114 JT Lc)-r A 4r m El' f F S ► lr - D ? t b s - _ Z So w ' Ana � .7i _ � .._+r , •,' �• � _ �.• • ` ` _ •./.],j�'�y� ^y _ ,_' -' • ._ ,. _ � a � _ _�. a - � . V' ._,. /� . ^ r . 2 IQ dc �% .a, r. r y r ari '« .' -� s i T � -�'.. r ' •' .! ^ y •.,,, - ,,,r• /�' , ; �1� +,* .. . O - �'•'� �- ' _ /� 4 jF y.ef y •+�•.�� r.�"K` . rte . +>ti . y .- '• -- �. -y: �.i� .'�, "� • - � .�.- . � •' •.. ..a _ . �� - �, `" � J�. � � � • - _ r ... � +'fit •�•r w - Y - '. r }'Fa.: i -'` -� 'LSQ� =�1 Q x47 : Jr 3 - - PROPERTY LINE MAP Zone Change (F to R -3) 4 N 2,e3 6 .p.% G 8 S.1 5z too i 20 o ao Ia. BO Oc- rl to C-1 IL ALW Amp 41 • . 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I • ADJOINING PROPERTY OWNER REZONE PETITION ( PETITION We, the undersigned property owners collectively represent 50% or more of the - adjoining property owners within 200 feet of the requested rezone property described on the attached application in accordance with Section 915.010 of he Maplewood Muni ' pal Code. We aition the Maplewood City Council f or a change in of f icial- zoning classif ication P - on t� attached described property from farmi- resident (F) p zoni o molt. fa.�n. res. R - g ( zoning. Our names can be verified, as legal constituted land owners,, on the certified abstract .(listing owners of land within 350 feet of the requested rezone area) which is required to be- filed in conjunction with the rezone application and this petition. The written signature of any person's name on this petition is indication of that person's understanding of the proposed zone, the proposed location and an endorse - meet for approval -of such change. _ ABSTRACT 'CERT. SIGNATURE PRINT NAME LIST N0* M0 Te v t- a L A J u t - Q A 4a — L a wra -.ice Ta-0. ak -s $*44S o4 es-Xa l.e9ra � 5.9 h •��✓ ` t �''° r Q ate. =c / 37 . JV e ✓�q h�+� es'�a�� s l.e9ra � 5.9 h •��✓ ` t �''° r Q ate. =c / 37 . JV e ✓�q h�+� es'�a�� • 1 l� MEMORANDUM 4 Y: t w f 1 R r , i TO: City Manager FROM: Director of Community Development SUBJECT: Special Use Permit and Variance for Mineral Excavation LOCATION: Beam Avenue (See enclosed maps) - API CANT: J unek Constructi = . OWf .pS: Antler Corporation, Dusan Pi 1 eti ch, Voya and Vera�i l eti ch , Ni kol a Popov, and Mi skovi ch Mi ros l av DATE' July 1, 1981 Y SUMMARY OF THE PROPOSAL R equest A special use permit to excavate 40, 000 cubic yards of sand and gravel from the si te and a variance to excavate within 30 feet of adjoining property lines, Proposal Refer to the enclosed letter from James P. DeBenedet. BACKGROUND Site Description 1. The si tei consists of five parcels. (See enclosed property l i n e map), 2. Gross acreage: 41.6 3. Existi land use: two single-dwelling homes fronting on Beam Avenue 4. There is a 50 foot easement running north from Beam Avenue. Surrounding Land Uses Northerly: Undeveloped property zoned F, Farm Residence and planned for Lower Density Residential use, and two single homes at the end of Carey Heights Drive. Easterly: Undeveloped property zoned F and planned for Residential Medium Density and Limited Service Commercial use on the current Plan. The Plan Update shows the entire property for Limited Service Commercial use. A mining permit is in affect for this property. Softherly: Beam Avenue. South of Beam Avenue are single -dwei l i - homes Westerly: The undeveloped rear yards of single-dwelling homes fionti ng on LaBore Road Past Actions 10-27 -64: A grading permit was issued to Fi nneman Enterprises to excavate the site. 4 -8 -65: Mr. Fi nneman appeared before the Village Council at the request of the Village Engineer. The Engineer indicated to the Council that the zppl icant should post a road damage bond for Beam Avenue. a.. The i l l a g e Council indicated that if the street were maintained and residents so- whoi.ve on Beam Avenue could be kept satisfied, then the Council had no objection to . Oj rti nui ng to remove dirt from the site and the Council left the matter of working out the details to the Village Engineer and the applicant. 5 -26 -67 to 8- 27 -71: 24 grading permits for the site were issued by the Village Engineer to 10 excavating firms. 3 -2 -72: Council approved a three year special use permit for excavation with 20 conditions. 3--21 -72: The County Board approved the special use. permit with three conditions. 5- 18 -72: Council approved a development program for the site, as required by the special use permit. 4 -4 -74: Council renewed the excavation permit for the third and final year, subject to the original conditions* 4 .728 -77: Council approved a special use permit for commercial excavation on the adjacent property to the east, subject to 21 conditions. Approval was for one year increments with a maximum of 10 years for the excavation. 5- 15 -80: Council ordered sanitary sewer and necessary appurtenances on Beam Avenue, 1400 feet west of Highway 61. Council also approved a grading permit for the site, conditioned on: 1. Developer to submit grading and drainage plan for the site. 2. Developer to final grade site to maximum slopes as indicated in such plan, cover with top soil, and establish vegetation on all disturbed areas. 5- 28 -81: Council approved a grading permit with the following conditions: 1. Require the permittee to guarantee that a 14 foot wide by 330 foot long strip be paved at his expense. 20 `Allow the permittee and only the permittee 15 working days to finish the site grading and excavation as shown on the approved plan. removed from the Pi 1 eti ch ro erty shal 1 only be used as fi 11 on the 3. ;,Material property _ Toyota site* - 4. Hauling on Beam Avenue will be permitted if vehicle speed is mini mi zed and an aggressive dust control program is implemented. 2 5 Restoration of topsoil and turf establishment be completed as soon as possible but under no circumstance later than Augu 1, 1981. DEPARTMENTAL CONSIDERATIONS P1 anni ng 1. Current Land Use Pl an designation: RL, Residential Lower Dens-i ty and Rm. Res i dente al Medi um Dens i ty J �- 2. tan Update designation: RL 3. Zoni ng: F, Farm Residence 4. Section 917 (Mineral Extraction) of City Code sets standards for setbacks from ri ghts -of -way and adjacent property lines, fencing, general appearance, and operating standards - including noise abatement, dust control, and erosion control, rehabilitation criteria are established, Side slopes, turf establish- ment, and pondi ng areas are addressed. These items are very important, especially if development of the property is postponed for any length of time. Sureties and insurance are required to guarantee compliance with all the conditions of the permit and to cover any l i a b i l i t y , , VARIANCE 5. Section 917.070 ( 2 D) of City Code states that, "Operation sh6l l not be conducted within thirty feet of the boundary of any adjoining property not in mining use." 6 The proposed grading p lan will require extensive off -site work. The vertical difference between existing and proposed grade is in excess of 20 feet at various points along the perimeter of the property. To achieve acceptable slopes, excavation would extend up to 250 feet onto adjacent property. 7. A variance of up to 280 feet is, therefore, required. Public Works 1. The slopes proposed are steep in many locations. These steep slopes are necessary due to the severe terrain on the site. 2. Since the existing and proposed slopes are steep, special attention must be given to erosion control during excavation. Once final grade is reached, suitable ground cover must be established immediately for erosion protection. 3. One of the public roads leading to the site is Beam Avenue. This road exists as a result of use by adjacent residents and an accumulation of bituminous patches and applications of road oil. The roadway has a history of problems and requires considerable maintenance. County Road D north of the site is a waved road able to support the truck traffic connected with a- mining operation. a i a Citizen Comments Residents in the area have appeared at several Council meetings complaining of excessive dust, vibration, destruction of Beam Avenue, and general inconvenience. Recommendation I. Approval of the variance, subject to the following condi ti ons Easements be acquired from the adjoining property owners ito allow excav- ation and grading on their property. - . All conditions of the mining permit shall also apply to the adjoining property disturbed during the operation. 3. The permi ttee be responsible for rehabilitation, clean up, and revegetati on of the disturbed adjoining property. II. Approval of a special use permit for mineral extraction, subject to the follow- ing conditions: 1 . Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of the City Code, 2. County Road D be used exclusively for access to the subject site. 3. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, and quantity of material to be removed. 4. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the Director of Public Works. 5. There shall be no explosive detonations of any kind on the site. 6. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right -of -way. 7. A variance be granted allowing operation beyond the 30 foot zone established in Section 917.070 (2 D) of City Code. If the variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property lines while maintaining a 5:1 slope. 8 9. The permit holder is responsible for acquiring any permits from other agencies. All grading shall be in accordance with grading plan= for Beam Lake- side (revision date 6 -1 -81) . Enclosures: } 1. Location Map 2, Property Line Map 3. Letter from James DeBenedet 4 t~ 19 VADNAIS HEIGHTS 61 r CpUNT Y ROAp "t i TBONR22W Z / �- { # Q 1 IL • IMF tz E 4 A V 22 �P o "- 4 �•� c Koh /m o n / `�`�`" • L o e eke + 23 = J TY .Q 1 J W Q .�� 22 60 S •4' :t o i Ke Ile r - U KOHLMAN j AVE. ROAD 2 W W i 3 r N� Cr z w C .• ]C LAL H ' V1 F-• f Ef 4K LAVE.2 DEMO AVE¢ t ROOK 0 Cr W CD SEXT T AV L_J F VAt t G 6NDVIEW AVE. - -- 36 VI ING I R. SHE RR A VE C OPE _ AVE. LARK AVE. LARK 1 1 AVE. N 0 0 LAURIE R0. z Q LAURIE RD .Q 25 = IHUASTI z a vE. z KE oc J. AVE, }' BU 6 KE A < g fz ELDRIDG -j AVE. b ,� J ? AELMpN I T Cr AVE, N 6A j r < _ I SKILLMA JI M m AVE. _ 64A RIS wr. � PETITIONER voya piletich REQUEST Preliminary Plat Voyvera Lakeside - 2 Location Map _ 4 a Ar PROPERTY LINE MAP ii i 4 N James P. DeBenedet, P.E. Engineering Consultant June 5, 1981 r� 'L City of Maplewood 1902 East County Road B Maplewood, MN 55109 Attn: Ken Haider Gentlemen: This letter is to apply for a permit for mineral extraction from the property owned by Voya Piletich on Beam Avenue in Maplewood. The name and address of the operator is Junek Construction, 2436 East Larpenteur Ave., Maplewood, MN 55109. The name and address of the owner of the land is Voya Piletich, 2130 Arcade St. , Maple- wood, MN 55109. The correct legal description of the property where the extraction as proposed is: The Southwest 1/4 of the Northeast 1/4 and the West 180 feet of the South 350 feet of the Southeast 1/4 of the Northeast 1/4 of Section 4, Township 29 North, Range 22 West, Ramsey County, Minnesota. The parcel contains 41.6 acres more or less. The quality and quantity of minerals to be excavated is sand and gravel totaling approximately 40,000 cubic yards. Average thickness of overburden . in the area subject to mineral extraction is 8 - 10 11 . The purpose of the operation is to grade the site in accordance with the proposed grading plan for the preliminary plat of Beam ikes ide Addition and to provide sand and gravel for off-site filling and embankment construction. one such operation is the fill required for the Toyota dealership on Highway 61 and Beam- Avenue. 2 ` 2146 Silver Lake Road New Brighton, IVIN 55112 (612) 631 -1780 1 1 , Page 2 The estimated time to complete the operation is two years. The plan of operation is to strip overburden materia�' and stock- le for later re -use in the establishment of stabilized conditions.. and and gravel will be excavated 'by front end loader equipment for loading into trucks or by scrapers for construction of embank- ments on the site. Af ter completion of the grading operations in any .one area, topsoil will be replaced from the stockpile as pre - viously indicated. The proposed travel route to and from the site is along a construction. haul road from the north side of, the site to County Road B and thence to Highway 61 and along Highway 61 to the ultimate disposal site as required. The plans for drainage, wind and water erosion control, site security, sedimentation and dust control are that the site will be graded to drain to storm water detention ponds at the south- easterly corner of the site and westerly side of the site After grading operations are completed, in any one area of the site, topsoil will be respread and seeded for rapid vegetation establish- ment. The rehabilitation plan for all of the site is to spread topsoil to the depth of 3 -4 inches and seed for rapid vegetation establish- ment. The land will ultimately be graded according to the grading plan for the proposed Beam Lakeside Development. The area of the to be used for storage of topsoil and overburden is the area east of Duluth Street and north of Duluth Court as shown on the proposed preliminary plat of Beam Lakeside. The schedule for excavation and rehabilitation of this prorerty is that the excavation will resume as soon as a permit is issued by the city. All work will progress as required to provide fill for off -site areas and rehabilitation will follow completion of excavation of any one part of the site as soon as practical. The slopes on the site will be in accordance with the grading plan for the proposed Beam Lakeside Development. None of the slopes ::'ill exceed a 3:1 finished slope except in the area of the dike i nd storm water detention pond on the west side of the pond where slopes presently are approximately 2:1. �C Page 3 The type of plantings are rapid establishing grass such as rye grass and oats. Also evergreen trees have been planted along the. dike and the storm water det ent ion pond on the was t side of to site. Th criteria and standards to be used to achieve final rehabilita- tion as well as intermittent stabilization are that as soon as grading is completed in any one area of the site, topsoil will be spread to a depth of 3-4 inches and seeded with rapidly establishing grasses. If there are any questions or comments in regard to this applica- tion please contact me at your earliest convenience. Sincerely, James P. DeBenedet , P.E. JPD /geg L r C Z 1 MEMORANDUM To: Barry Evans, City Manager From: Robert D.. Odegard, Director of Community Services{' Date: July 9, 1981 Su•bje'ct: Bids for Sod - North Hazelwood Park Bidds w i l l be opened and tabulated on July 15, 1 981 , for the above subject project. If bids are in order, we request per- mission to submit them to the City Council for acceptance on July 16, 1981. cc: Ken Haider f .. r v p � t u � � LAWSON, RALEIGH & MARSHALL, P. A. LAWYERS RODERICK A. LAWSON 3825 LAKE ELM O AVENUE NORTH DONALD T. RALEIGH RAYMOND O. MARSHALL LAKE ELMO, MINNESOTA 55042 JOHN SCOTT MCDONALD (612) 777 - 6960 REUBEN G. THOREEN 1912 -1967 MILTON LINDBLOOM 1925 -1936 CHESTER S. WILSON 1915 -1977 June 30, 1981 Mr. Dan Faust Finance Director City of Maplewood 1380 Frost Avenue Maplewood MN 55109 Re: Valley Branch Watershed District, Project 10.05 Dear Mr. Faust: I am writing to confirm our phone conversation of June 22, 19 81, regarding the above-entitled matter, We respect- fully request on behalf of the District the City reconsider its refusal to pay the project assessments which were previous- ly billed to you. ROM: v 1 cc: Managers Engineer Yours truly, Raymp jj O Marshall r r f� 1 w � .a �f CITY OF MAP)L-.,EW00]E)) 138() I' I ?()S1' .A"r1;1 t' L; NI A P1,1 XV001), -NI I NN I✓S01 A 155109 OFFICE OF FINANCE 770 -4513 err -ecru April 29, 1981 Mr. Maynard L. Eder, Treasurer Board of Managers VALLEY BRANCH WATERSHED DISTRICT 9275 Lake Jane Trail Lake Elmo, Minnesota 55042 Dear Mr. Eder: This is in response to your April 13th letter requesting payment of $268.37 for Project 1005 assessments. Our City Council will not approve payment of this bill as they do not agree with the philosophy of assessing local street right -of -ways. If you would like our Council to reconsider, please send a written request to the City Manager and this item could be placed on the agenda. Sincerely, Daniel F. Faust Finance Director DFF:js cc: City Manager April 13, 1981 Mr. Dan Faust, Finance Director City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Valley Branch Watershed District Project 1005 Assessments to Highways, Streets, Other Roadways for the Benefit of the Repair and Maintenance (Operating) Fund Dear Mr. Faust: As a result of precipitation during 1979 and 1980, it was necessary to operate Project 1005 throughout most of these years. The continued operation of this project has exhausted the Project Repair and Maintenance ( Operating) Fund. To provide the anticipated operating expenses for the next 3 years, the Board of Managers of Valley Branch Watershed District have certified 1981 assessments to the Washington and Ramsey County auditors for the bene- fit of this Fund. These assessments were computed by the same method used for the previous project assessments. As with the previous project assessments, all highways, streets, and other roadways have also been assessed. The total assessment for public right-of-way for which the City of Maplewood is responsible is $36.84, According to our records, the previous Project 1005 assessments have not been received. Project assessments to the City of Oakdale are summarized in the following table. Year Fund 1979 Construction Fund 1979 Repair and Maintenance (Operating) Fund Total Previously Billed Not Paid. . 1981 Repair and Maintenance (Operating) Fund TOTAL NOW DUE . . . . . . . . . . . . Amount $192.94 38.59 $231.53 fi I QA $268-37 ALLEN DORNFELD ROBERT ROSAS GEORGE HEDGES MAYNARD EDER A. W. HORNING VALLEY BRANCH WATERSHED DISTRICT 4508 BIRCHBARK TRAIL LAKE ELMO, MINNESOTA 55042 Mr. Dan Faust, Finance Director Page 2 April 13, 1981 �e Please remit to: Valley Branch Watershed District c/o Maynard Eder, Treasurer 9275 Lake Jane Trail Lake Elmo, Minnesota 55042 If you have any questions, please contact the Managers or our staff (Ray Marshall, attorney, 777 -6960; Al Fandrey, engineer, 920- 0655). Sincerely, Maynard..L. Eder, Treasurer Board of Managers VALLEY BRANCH WATERSHED DISTRICT MLE /am c Mr. George Hedges Mr. Raymond Marshall 9 BY ORDER OF THE CITY COU14C IL /s / Lucil E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Councilman Anderson. Ayes - all. c. Councilman Nelson introduced the followina resolution and moved its ado tion: 80 - 4 - 87 14HEREAS, the proposed public improvement of the area from Adele Street to 500 feet west between East Shore Drive and Frost Avenue and the area from Adele Street to Phalen Place between Frost Avenue and Fenton Avenue, Maplewood Project 79 -7, by construction of streets, storm sewers, sanitary sewers, watermain and necessary appurtenances does not have any impact on the City Comprehensive Master Plan; MOW, THEREFORE, BE IT RESOLVED that, under the provisions of M.S. Section 462.356, City Council hereby waives the review of aforementioned project by the City Planning Commission. Seconded by Councilman Anderson. Ayes - all. 7. Hillcrest Development: Developer's Agreement a. Manager Evans stated Mr. Ernest Christianson, Hillcrest Development, had requested to be heard by Council concerning his disagreement with a portion of the developer's agreement for the Hillcrest Improvements. b Mr. Christianson spoke concerning the disagreement regarding the developer's share of the cost for the improvement. Councilperson Juker moved to extend the meetin ast the 11:30 P.M. deadline. Seconded by Councilman Anderson. Ayes - Mayor Greavu; Councilperson Juker, Councilman Anderson and Nelson. Mays - Councilman Bastian. C. Following lengthy discussion, Councilman Bastian moved to refer the matter to staff to report back by Ma 15, 1980 and that the Prior be notified regardin service and improvements to their property. ..Seconded by Councilman Anderson. Ayes - all. 1 8.. Assessment: Valley Branch Watershed a. .Manager Evans presented the staff report. b. Mayor Greavu moved to den a meet of the s ecial assessment of $231.53 from the Valley Branch Watershed District for stoma sewer im rovements. Seconded by Councilman Bastian. Ayes - all. 16 413. ;'� � 1 MI"MOIZANDITM �L ii , f� TO: City Manager FROM: Director of Public Works � SUBJECT: Assessment - Valley Branch Watershed District DATE: Fet ruary 25 1980 This is to point out that the City has received a special assessment of $231.53 from the Valley Branch Watershed District for Storm Water Improvements. The project included the construction of a pumping system to provide an outlet to a small lake experiencing flooding in Washington County. A small portion of N. E. Maplewood contributes to the watershed. Although the bill is relatively small, it does set the first precedent of a watershed district assessing the City of Maplewood. The assessment directed to the City is based on the square footage of right -of -way which contributes drainage to the project. I do not agree with the philosophy of assessing local street rights-of-way. However, the assessment was based on a rational formula and the State statutes allows the District to assess "benefits tc municipal corporations which occur to the land in the municipality generally ". It should be noted that the Ramsey - Washington Watershed District does not currently contemplate assessment of local street right -of -way for the Battle Creek Project, As the assessment is small, and the City generally supports the work of the watershed district, it would be my intent to process the payment .through regular accounts payable. .� T s i 1, r ��► .+- --..t ` D3 te, ,M �j MEMORANDUM TO • City Manager FROM: Director of Community Development SUBJECT:. Sign Code Amendment - Billboards DATE: May 27, 1981 ..,..... �w. Council considered an amendment to the billboard ordinance on April 2 and tabl ed action for further study. The enclosed proposal has been revised, based on comments from the Council. The Community Design Review Board recommended approval of the original staff proposal. Enclosed is a copy of the existing billboard section of the sign ordinance and a revised ordinance recommended by Staff. The following is a l i s t of significant revisions in the proposed ordinance with an explanation: 1. Definitions: The definition of "billboard" and non - accessory sign (off-premises)" have been replaced with "Off - Premises Sign". The sign ordinance has similar definitions for "billboard" and non - accessory sign (.off-premises)". In order to avoid confusion, they are replaced with one definition for "off - premises signs. ". 2. CDRB Review: The-requirement for review by the Community Design Review Board has been deleted. The review has served no significant purpose. The ordinance does 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 1 eft for the Board to review. Thi review delays the permit and wastes the Board's and Staff's time. 3. Location: The zoning di stricts where off - premises signs would be allowed has been clarified. The existing ordinance allows them in "i ndus al , manufacturing, commercial or retail zone di stricts." In another section of the Ordinance it states that billboards are not allowed in the LBC, limited. Business Commercial and 'CO, commercial office zones. The proposed Ordinance consol i dates., but does nQt change the exi sti ng ' requirements. 4. Spacing: The minimum separation requirement has been raised from 500 feet to 1,000 feet. 1,000 feet should be established as the minimum separation needed to maintain a safe and attractive appearance along public streets and highways. 1,000 feet is the medi and of the minimum separations required by the 12 cities that are closest to Maplewood in population and allow billboards. (See enclosed survey) . The median is found by ranking the cities, in order of required separation distances, and finding the distance that divides the cities into two groups of equal numbers. 5. The fees and permits section has been deleted. This is already covered'in the ' fees and permit section of the overall sign ordinance. The requirement for an annual permit renewal has been. dropped, since it served no purpose and creates unnecessary administration time. b. A new paragraph has been added regarding ground restoration. TH s i s to require that ground which is disturbed during the construction of a billboard be- restored to its original condition. TM remaining changes are basically orgi ni zati onal . Requirements for b- llboards are in several sections of the sign ordinance, making it confusing to administer. The enclosed ordinance consolidates these sections and includes recent State laws. Recommendation Approval, based on the findings in the Staff report. Fnrl nciirAc - Proposed Billboard Ordinance Current Billboard Ordinance Survey - 2 - PROPOSED BILLBOARD ORDINANCE ORDINANCE NO. AN ORDINANCE AMENDING SECTION 818 OF THE MAPLEWOOD CODE RELATING TO SIGNS - THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY.ORDAIN AS FOLLOWS - : TKe following portions 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-Premises)" shall be deleted and replaced with the following: Off - Premises Sign: A sign advertising a business, profession, commodity, 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 only be located in the following zoning districts: SC Shopping Center, BC Business Commercial, BC(M) Business Commercial Modified, M -1 Light Manufacturing, and M -2 Heavy Manufacturing zones. b. Off- premises signs shall not be permitted on a building. 2. Spacing a. An off- premises sign shall not be located closer than: (1) 1000 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 distance is visible from the highway or street at any one time. (2) 200 feet to a residential district b. An off - premises sign shall not be erected or mai ntai ned =in such a place or manner as to obscure or otherwise physically interfere with an official traffic control device or a rai 1 road 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. Size The maximum area of a sign face shall not exceed 850 square feet i n area, including border and trim, but excluding base and apron supports and other structural members. The maximum -s i ze 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 mi'dni ght and 6 A.M. 6. Ground Restoration Any ground area di strubed, due to the construction or removal of an off- premises sign , shall be restored to its original condition. 7. Non - conforming Signs: Any off - premises sign existing at the time of the enactment of this ordinance, and not conforming to its provisions, shall be regarded as legal, nonconformi ng signs. They may be continued, if properly maintained- as provided in this ordinance. Nonconforming signs which are structurally altered, relocated, or replaced shall comply immediately with all provisions of this code. 8. Any previously adopted requirements that conflict with this ordinance shall be null and void. This ordinance shall take effect after its passage and publ i c•ati on . Passed by the Ci ty Council of the City of Maplewood, Minnesota, this day of , 1981. Mayor - i Z_ Attest: CI er Ayes - Nays - g excade, exit, or stand -pipe. No sign shall obstruct any window to such an \bany hat, any light or ventilation is reduced to a point below that required aw or ordinance. Si gns shall be so located as to maintain all quired es from overhead p6wer and service lines. mum height of -a projecting sign above grade shall be nine fee . 5. The maximu height of a projecting sign above the roof line shall b five feet _.... 6. The maximum pr ' ections hall not exceed the height of the sigh, a Section 12. 818.120. CANOPY OR MARQUEE SIGNS. 1 S ma be laced o attached to or constructed in a./mar uee g Y P � q • 2. The minimum height of a nopy or marquee sign shah." be nine feet. 3. No canopy or marquee sign s 11 extend or project above the lower edge of a r canopy or marquee more than t _ ee (3) feet..-�six (6) inches. Section 13. 818.130. ELECTRIC SIGN . 1. Electrical equipment used in connectNon with display signs shall be installed in accordance with the NationalAlectr' cal Code. ' 2. Animated Signs: - a. No animated signs shell be erected or maintained in any residential land use district. ' b. No animated signs shall be erected or maintai ed closer than seventy -five • 1 (75) feet from any residential land use distri on which there exists structures used for residential purposes. c. No animat d sign may be erected in any location whic would obstruct the vision or be confused with a traffic signal or sto sign. 3. Revolvin Signs: a. NQ revolving unit may revolve more than eight (8) revolutions er minute. 4. Se rch lights may be used f or the grand opening of a new enterprise o an enter- - / ise under new management for a period not to exceed seven (7) days. her enterpr ises may use such a device only yearly for a maximum of seven (7) n- cutive days. The beam of such searchlight shall not flash against any bu ding. w Section 14. 818.140. BILLBOARDS, I. Location: Poster panels or bulletins are subject to review, except for copy, by the Com- munity 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 traf fic 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 above spacing distance is visible from the highway or street at any one time. _ 4. Si Thy 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 f ee f or renewal on or be f ore 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 bearing are subject to the procedure as outlined in Section 818.040, Subsection 9 of this ordinance. 7. Non - conforming Signs: An y � billboard s existing at the time of the enactment of phis ordinance and not conforming to its provisions, shall be regarded as legal. non - conforming - 16 - 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. SAction 15, 818.150, TEMPORARY SIGNS. 1, o temporary sign shall exceed one hundred (100) square f t ti.n area. Temporary O gns of rigid material shall not exceed thirty -two (32) squcrre feet in area, or c ht (8) feet in height. Temporary signs may remain in place for a period not e-wc eding sixty (60) days, or until completion of pr ect, I . 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 fifty (250) quare feet in area and shall b limited to thirty (30) days. b. Other po able signs shall not exceed thirty --two (32) square f eet in area or ten (10) et in height with/ proval of a special permit by the City Council, 3. The following are permitted temp signs : a. Political signs includin campaign and non- political campaign signs. b. Real estate signs. C. Holiday signs. d. Construction si7s, Section 16. 818.160. ANCE ROM POWER LINES. • 1. The distance sign shall be located from Power Lines, will be designated by local power comp ies. Section 17. 818.1 0. DISTRICT SCHED ES. 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 follow' g special purpose and temporary s ns shall be permitted in all dis- tricts, s j ect to the limitations set forth b low: 1. Tr f i.c control signs as def ined ' in the "Mot r Vehicle Act" subject to the P -visions of said Act. 2. Signs required to be maintained or posted by la or governmerital order, rule, or regulation. — 17 — BILLBOARD SURVEY Staff surveyed the 18 metropolitan cities that are closest to Maplewood in population, to determine the required separation between billboards. Six of these cities prohibited billboards. The other 12 are ranked below bt their answers. The number in paranthesis after each City's name is their 1980 population. = • SEPARATION REQUIRED BETWEEN CITY BILLBOARDS IN FEET 1. Burnsville (35 2 , 000 2. Plymouth (31 ,615) Separation based on speed limit 55 MPH 1 35 MPH 1 3. White Bear Lake (22,,,528) 4. Coon Rapids (35,820) 5. Fridley (30,228) 6. New Brighton (23,,269) MEDIAN = 1,000 feet 1. Eagen (20,532) 2. Blaine (28,558) MAPLEWOOD (26,990) 3. Crystal (25,543) 4. Richfield (37,851) 5. Minnetonka (38,683) 6. South St. Paul (21,235) 1,300 1 1 ,000 1,000 1,000 750 500 *500 on Interstates 400 elsewhere *500 on Interstates 300 elsewhere *500 on Interstates 100 elsewhere *500 on Interstates *100 on State Highways 0 elsewhere, individually reviewed by special use permit *State - 'of Minnesota Requirements The following cities surveyed do not allow any new billboards: Maple Grove (20,525) New Hope (23,087) Brooklyn Center (31,230) Golden Valley (22,775) Apple Valley (.21,818) Roseville (35,820) BILLBOARD SURVEY CONTINUED ....... lu I For further information, the billboard separation requirements for suburban cities adjacent to Maplewood that are not l i s t e d above are as follows: Oakdale Billboards prohibited Woodbury, 1 (NOTE: only billboards promoting a business or activity in Woodburf are allowed) Newpgrt Moratorium on billboards Littler Canada Billboards prohibited Vadnai s Heights 1,300 North St. Paul 40 - 2 - t MEMORANDUM TO: FROM: SUBJECT: :4; , 0 CAT I ON =A PPLICANT: a.WNER: . 1 City Manager Director of Community Development Lot Division /Sale of City Property (see enclosed - Ina ps ) Radatz Avenue, East of White Bear Avenue r Dean H. Buttermore City of Maplewood June 30, 1931 SUMMARY OF THE PROPOSAL Request Approval of the di vi,si.on and purchase of a 5 x 296 foot parcel of City -owned property,, Proposal The applicant wishes to locate a fence along his west property line. Several large trees are located on the present lot line. An additional five feet would allow the applicant to include the trees within a fenced area. BACKGROUND Site Descri:pti on 1. a double-fronting, 120 x 555 foot parcel 2. existing use: undeveloped, except for a water main (Map 2) Surrounding Land ' Uses North: Beam Avenue, across Beam is a city park East: Adjacent to the north 300 feet, undeveloped land, planned for Rm- Residential Medium Density and zoned F -Farm Residence. Adjacent to the remainder, a single family dwelling. South: Radatz Avenue, single - family dwellings (City of North St. Paul) West: Adjacent to the north 250, undeveloped property, planned for Rm- Residential Medium Density and zoned for LBC- Limited Business Commercial use. Adjacent to the remainder, a single family dwelling. i . n y g - Past Actions 'I In 1974, the City acquired the parcel. Acquisition was necessary to construct a water main. An easement or partial acquisition of the parcel was determined not to be feasible from a legal standpoint. 2. 3 -5 -81: Council took no action on a request to purchase the north half of the subject site. Housing Development Associates had proposed a l to.-moderate P to.-mo e income townhouse development, which included the subject property. The potential for use as a future street was mentioned as the basis for retaining the land. DEPARTMENT CONSIDERATIONS T Tlanning }. Land Use Plan Designation: The north 250 feet is planned for Residential Medium Density use. The south 300 feet is planned for Residential Lower Density. 2. Zoni ng: F -Farm Residence 3. Statutory Considerations State law requires that the Planning Commission review all public capital improvement projects within the City. Section 462.356 of the State law states that: "After a comprehensive municipal plan or section thereof has been recom- mended by the planning agency and a copy filed with the governing body, no publicly owned interest in real property within the municipality shall be acquired or disposed of, nor shall any capital improvement be authori- zed by the municipality or special di strict or agency thereof or any other political subdivision having jurisdiction within the municipalit until after the '� acquisition, un pl anni ng agency has reviewed the proposed disposal, or capital improvement and reported in writing to the governing body or other special district or agency or political subdivision con- cerned, its fi'ndi ngs as to of 'the proposed acquisition, dis- posal or improvement with the comprehensive municipal plan." Public Works There is a possibility that future traffic volumes on White Bear Avenue w i l l necessitate the closing of the White Bear /Radatz Avenue median cut. If this closing were to occur, the intersection would be limited to right turns. Construction of a street along the subject corridor is not necessary, even if the Radatz Avenue intersection is limited to only right turns. Ci ti zen Comments Staff surveyed the three property owners, other than the applicant, abutting 9 fhe subject parcel. Two of the three responded and had no objection to the appl i cant's proposal. The property owner to the north of the applicant also i- ndicated interest in purchasing a portion of the property, deplendent upon the cost. Neither of the resp ondents p • p nts addressed the posse bi 1 i t�. of constructing a street on this property. T j i -2- CONCLUSION Alternatives 1. Retain the entire parcel 2. Retain a 60 foot wide corridor for a future street and release the remainder :=:. • Sell the entire parcel , retaining only a 20 foot wide uti llty easement =-� for the existing water main - 4. Sell the requested five feet Ana lysis Thee principal issue in this case is whether or not a street should be constructed on this property. The north portion of the site is designated for Residential Medium Density use. A street is not needed to develop this site at maximum density. Further, this office and the Director of Public Works are of the opinion that a street in this location would be unjustifiable. Even i f the median were to be closed at the Radatz /White Bear Avenue intersection, fire protection accessibility to this area would remain unchanged. It appears that the only argument for building a street along this alignment would be for the convenience of area residents wishing to travel south on White Bear Avenue, in the event the median were to be closed. This argument does not constitute adequate justification. Frederick Street, located a block to the east, would serve the same function with a minimal increase in travel time. If the Council decides to authorize the sale of this property, it should be divided along the existing land use district boundary (east /west division) and sold as such (Map 3). If the requested five feet were to be purchased by the appli the remainder of the property would still contain adequate buildable width for a dwelling and accessory structures, The portion of the subject property lying east of the water main, less required setbacks, would be reduced from 55 feet to 50 feet in width Staff sees no reason to deny the purchase of the requested five foot parcel, provided fair market value i s - received, as determined by an appraisal, Recommendation I. Adoption of a finding that the 120 x 555 foot parcel, located between Radatz and Beam Avenues and east of White Bear Avenue, is land in excess of the public need, subject to the retention of a 20 foot wide utility easement, centered on the existing water main, on the basis that: 1. The parcel was condemned and obtained by the City in 1974 to construct a water mai' n _ 2. The water main has been constructed T 3. It is not in the public interest to construct a street along the subject corridor 4. Maintenance of the property is presently less than adequate 3- II. Authorize staff to take whatever steps are necessary to sell the subject parcel at market value I II . Approval of the division and purchase of the requested 5 x 296 foot parcel, - subject to sale at fair market value, as determined by arr apprai sal . ZV.. Authorize the division of the 120 x 555 foot parcel intoTtwo p arcels --= along the Rm /RL Land Use Classification boundary, on - - the Iasi s that the parcel: - 1. l i e s in both Land Use Classification d.i s tri cts ?. double- fronts on Beam and Radatz Avenues r- - -' - - - - - - - - - Location Map Property Line Map Land Use Plan Map Applicant's Letter of Request, dated 5 -19 -81 -4- III IERREN AVE AVE . ARK AVE. AURIE R0. VE. 1 9 � LAURtE RD Q i AVE. W BU kKE A ti W HITE BEAR, LAKE - �' > GALL w o 0t �t wooDLYNN AV _ a) i!) FURNE SS -r (2) S) (6) T) CT. _ LY`it A 3 Z RED Q STAND � 3 wl � t Z ' � tlj (31 M MAP VI .W A �O • 1 ::-:: _•:•';' -:'• (L) MAPLE LANE C 68) (2.) CH PP WA C I (3.) CHIPPEW AVE. NORTH ST. PAUL ILL R0. 65 W t- , S i 3 � - 1 AV �� II th AVE. ' 1 � t � AVE. i CsSTLE AVE. c � f S a EN AvE. COPE AVE. t� -i cc .� N � (I) 'sr PUBLIC WORKS R , Ma l LOCATION MAP j i� ! b • � � � s 4 �' y .� � � t-' ; r.! � : Ltd � � � r ` M AJ CITY OWNED • • ¢� - -__ CITY PARK PARCEL L9 ow 5 ftc� lip BEAM AVENUE 4 / / te r•:..• 132 212 - - bA 4 •.G! .t j . r ut r F L d EXISTING 8" WATER MAIN z ?S •2 —. �� =� 3ro • T r i� _ - r/ _ ''— Proposed S p l i t Line - �_ _o` cc ' 9 co • _/ 1 20 RADATZ A VENUS" J � � ~ � i O ter � � ♦ � - I �. > CITY OF NORTH ST. PAUL • r. J � 1 • v •r r I i Map 2 Property Line Map it j L • � � � s 4 �' y .� � � t-' ; r.! � : Ltd � � � r J � � ~ � i O ter � � ♦ � - I �. > CITY OF NORTH ST. PAUL • r. J � 1 • v •r r I i Map 2 Property Line Map it j L e t� SC R M In terchange ... .� --: - - pr �nc at-ar e f ;W �` major collector - 1 __ -d, _ --- -..:;; - J I t Z ' I major collector -:• Ir ..: -1 R ill --- �' - -� ma`oT collector t► ,� "_- I EA r111 1 • ICC. V major collector• - O e 1 I .4 , s V a a ► 1 f i l l 1 1 i t►► f i sji 1 L 1 11 1, f 1 1 Map 3 �.Iapletvood r eio its NEIGI--IBORHOOD LAND IJSE PLAN Q N 1 E May 19 , 19 81 =- - Randy Johnson City of Maplewood Planning Dept. Dear Sir: I ar? interested in acauiring a small portion of land now owned b y y the City of Maplewood. we are interested in fencing our P roperty, but the west side of our lot is lined with large evergreens and they were planted too close to lot line. I would like to know if it is possible to buy 5 feet or ' � so from the city. Our lot description is tie 5 of the E. 100 ft. of the West 220 ft. of the Northwest half of the Northwest quarter of ''the Southeast quarter- subject to road. We are on Radatz and Chisolm. The lot next to us is 120 ft. X approx. 600 ft. and is a water right of way. I don't know of any glans , to use it for anything else. Dean H. Bu t to rmore C c Respectively, � s d J 1"r1 R !� t MEMORANDUM TO: City Manager FROM: Director of Community Development L SUBJECT: I- 494 /Century Interchange DAB: July 9, 1981 -- The City of Woodbury is reviewing an application for a development that would eliminate the interchange at I -494 and Century Avenue proposed in the Maplewood Plan. The enclosed environmental assessment worksheet was prepared and submitted to Maplewood as part of this review process. A letter responding to the EAW is enclosed. Recommendation Forward the enclosed letter to the City of Woodbury. Enclosures Lakeri dge EAW Letter to Woodbury M I Irk ZES OTA E NV I R01QMEN TAL QUALITY BOARD ENVIFL015-ENTAL ASSESSMENT WORKSHEET (EAW) AND NOTICE OF FINDINGS DO NOT WRITE IN THIS SPACE E. R. # I. NOTE Ine purpose of the Environmental Assessmnent worksheet (EAW) is to provide ir_forration on a project so that one can assess rapidly whe jeer or riot the project requires an Environrrrental Impact s -atemen't. Attach additional rages, charts, Traps, etc, as needed to answer these questions. Youir �- a.- =we.rs shout d be as specific as possible. Indicate which answers are estimated. SUS Y A. ACTIVITY FI ?:DING BY RESPONSIBLE AGENCY (PERSON) X Negative Declaration (No EIS) EIS Preparation Notice (EIS r :equ i red) B. ACTIVITY =D.= T3'1EiCATION . 1. Project name e: title L a kr r i d n e 2. . °reject proposer (s) George Nelson Partners Address no Ave So. 11innea oils 1-1N 55402 Te l epho-:e N rber and Ar a Code ( 6 12) 3 7 4 -17 9 9 3. esoons i b1E Agency or Person C i t y - Qf 14 o o d - b u r Y . 11 N Address _- 21.00 Radio Drive, Woodbury, MN 55125 Persor, in Responsible Agency (Person) to contact for further inJ ormatyon on this X Qht Picha t Dir. . of Telephone 739 -5972 Community Development 4. ^his EAri' and other supporting documentation are available for public in- spectior, and /or copying at: Location Ci f W oodbur y Te Iephone 7 3 9 - 5 9 7 2 Hours 8 a.m. p. m. 5. ?season for EAW Preparation Mandatory category -cite Petition ED Other X 11ZQB Rule number (s) 6 FICAR 3.024 8. U . C. ACTIVITY DESCRIPTION SUM.WAARY 3. Project location County Ramsey City /Township name - Woodbury Township nirnber 2g (North) , Range Number 21 East or Z e st (circle one), Section number (s) 1 n Street address (if in city) or legal descriptio Southeast of Century Ave. and Courtly Rd. - 1 - 2. Type and scope of proposed project Residential development of 21.94 acre site 3. Estimated starting date (month /year) • J u 1 Y 19 8 4. Estima d corn p letion date (month /year) 1984 a 1 5_ Estimated construction cost 000.0 z S 6. List.- any federal funding involved and known permits or approvals needed i -from each unit of government and status of each: _ ' royal Status Unit of Government Name or Type of Permit /App = or Federal Funding ( Federal, state, - - regional j local) _ Cit of Woodbu Site planning and special Complete Y y 14ashington- Metro 1-12tershed use permit approval Grading, erosion control Pending approval. federal rmits, funding -pr approvals are involved, will a federal EIS 7. I f f e d Pe NO YES X UNTKND'vP'4 be prepared under the National Environmental Policy Act? --- - II. ACTIVITY DESCRIPTION A. Include the following maps or drawings: 1. A mop showing the regional location of the project. • 1.24,000 scale map 2 . An original fi x 11 section of a U . S . G . S . ?� minute, . the activity or project area boundaries and site layout aelineated. with Y s • :�dzca to quadrangle le sheet name . (original U . S . G . S . sheet must be ma ir,- t; _ _ 9 E,I twined b Re =ponsible Agency; legible. copies may be supplied to other Y EAW distribution points.) ;na of the site showing location of structures and including 3. A p significant natural features (water bodies, roads, etc) . 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points 4b B. Present land use. 10 Briefly describe the present use of the site and lands adjacent to the site. vacant . To vest is single family housing, to The site is pr esently � south is Carver Lake to the northwest. is freeway. Remaining sur- rounding area is vacant urban land which-is industrial to the north and multi - family residential to the east. 2. Indicate the approximate acreages of the site that are: evelo ed acres f. Wetlands (Type III, IV, V) _ _acres a. Urban d p 21 . � -= vacant _ _ acres g. Shoreland 1 acres b. Urban fl R u ral developed _ _ h. Floodplain _ acres c . R U acres p 0 acres i. Cropland/Pasture land acres d. Rur al vacant 0 ated Recre- acres j. Forested acres e. Design 2_. a ti.on /Omen Space 2 _ I 3. List names and sizes of lakes, rivers and streams on or near the site, particularly lakes within 1,000 feet and rivers and streams within 3fl0 feet. Carver Lace adjacent to site C. Activity Description 1. Describe the proposed activity, including staging of development (if any) , ope..rational characteristics, and major types of equipment - .Znd /or pro- -- cesses to be used. Include data that would indicate the utagnitude of -_- the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc) . The proposal is to construct 3 eight -unit buildings, 6 twelve- unit buildings and b fourteen -unit buildings. Grading, roads, and utilities to be installed by developer and completed in four stages: Vl 5 buildings; #2 - 3 buildings; 143 - 2 buildings; W4 - 5 buildings. units vi.11 be sold as condominiums to indi- vidua -ls. 2. Fill in the following where applicable: a. Total project area 2 . 9la acres g. Size of marina and access or channel (water area) T en th miles h. vehicular traffic trips generated per day b. I :Emiber of housing or recreational units l g Q i . Number of employees C. Hei ght of structures 30. ft. d. N .' er of parking NA sq. ft. 10 ADT j . Wa ter supply needed 3 5 , L ga 1 /da Source: M U D i c j p a 1 spaces k. Solid waste requiring disposal 2�_5_ tons /yr e. Amount of dredging cu. yd. 1. Commercial, retail or f. Liquid wastes requir- industrial floor space U A sq. ft. ing treatment 2 g 1 -1( gal /da III. ASSESSMENT OF POTEN. - IIAL ENVIRONN NTAL IMPACT A . SOILS Alt TOPOGRAPHY 1. Will the project be built in an area with slopes currently exceeding 32 %? No _y es 2. Are there . other geologically unstable areas involved in the project, such as fault zones, shrink -swell soils, peatlands, or sinkholes? NO _ YES 3. If yes on I or 2, describe slope conditions or unstable alrea and any measures to be used to reduce potential adverse impacts. ilost existing slopes will be retained and proposed, grading vill reconstruct slopes to 3:10 3 - 4. Indicate suitability of site soils for foundations, individual septic systems, and ditching, if these are included in the project. D Soils are suitable for construction of residences and services. 5. Estimate the total amount of grading and filling which will be done -e 8 0 cu. yd. grading cu. yd. filling "hat percent of the site will be so altered? % V7hat will be the maximum f inished slopes? 7 What steps will be taken to minimize soil erosion during and after construction? During construction, erosion . ill. be primarily. controlled by a ponding/ sedimentation basin to be constructed prior to. any other grading oper ations. Strav bale dikes and diversion dams will be used as necessary. One future phase will be Sraded separately with future phases being seeded directly after completion of initial site grading. After con - struction, erosion will be controlled by the ponding basin, buildings, and hard surface drives, storm sewer, proposed and existing vegetation . B. VEGETATION woodland 13 a Cr d/ 75 % _aster Brush or shrubs 10 % k!arsii 2 $ Grass or herbaceous -0- % Other -0- (specify) 2. How many acres of forest or woodland will be cleared, if any? . 7 0 - acres 3. Are there any rare or endangered. plant species or. areas of unique botanical or biological significance on the site? (See DNR publication The Un co=ion Ones.) NO _ YES unkno I yes, is �. the species or area and indicate any measures to be used to -reduce potential adverse i mpact. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish manage- , ment areas or sanctuaries near or adjacent to the site? X NO YES 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (See DNR publication The Unco= NO YES Ones unknown 3. Will the project alter or eliminate wildlife or fish NO X YES habitat? 4. If yes on any of questions 1 -3, list the area, species or habitat, and indicate any measures to be used to reduce potential adverse impact on them. Area is presently vacant. Wildlife will be displaced. Open area to east, southeast and south will be undisturbed and continues to be available to wildlife, 4 IM D . HYDROLOGY 1. Wi ll the project include any of the following: If, yes, describe type of work and mitigative measures to reduce adverse ir-ipacts. a. Drainage or alteration of any lake, pond, marsh, lowland or groundwater supply b. Shoes protection works, dams, cr dikes c. Dredging or filling operations - d. Channel :codifications or diversions e. Appropriation of ground and /or surface water f. Other changes in the course, current or cross- NO YES section of water bodies on or near the site u 2. 'what percent of the area will be converted to new impervious surface? 2 8 .9 � 30 k'hat measures will be taken' to reduce the volume of surface water run- ofi wind /cr treat it to reduce pollutants (sediment, oil, gas, etc.) ? AS part of the project, a sedimentation pond is being constructed adjacent to and east of the site. 46 Will }here i,p encroachment into the regional (100 year) floodplain �y new f ill or structures? - X NO YES if yes, does it conform to the local floodplain ordinance? NO YES 5. What is the approximate minimum depth to groundwater on 6+ feet he site? L WA7ER QUALIFY 1. Will there be a discharge of process or cooling water sanitary sewage or other waste waters to any water body or to groundwater? X NO YES If yes, specify the volume, the concentration of pollutants and the. water body receiving the effluent. 2. If discharge of waste water to the municipal treatment system is planned, identify any toxic, corrosive or unusual pollutants in the u-astewater. _ NA 3. Will any sludges be generated by the proposed project? X_ N4 YES If yes, specify the expected volume, chemical composition and method of disposal. 5 - 4. what fieasu�re� wi lI be used to minimize the volumes or imp&cts identified i n questions 1 -3? NA is r_ r includes a landfill, attach info., -on soil profile, 5. If the 2- roj-ct _ depth to utater table, and proposed depth of disposal. --- N A - F o AjR QUALI AND NOISE _ will the acts vit cause the emission of any gases and /or particulates Y 210 X YES -- - -- I f ye s , specify into . the atv.nosphe re? the type and origin of these emssions, indicate any io control devices or measures to be used, and specify the a emission pzoxi- rate amounts for each emission (at the source) both with, and without the Y. emission control measures or devices. Increased auto traffic as residences are sold and occupied will - increase emission as is-normal in developing area. W.- atering of haul roads during construction if wind -blown dust becomes a problem. • ration s or vibration be generated by construction and /or operation 2, Wil noise 2 40 X YES of the pl - if yes I describe the noise source (s) ; specify decibel levels [dB ( A )] # and duration Chrs /da) • for each and any mitigative rleasures to reduce the noise /vibration. • construction of residences an Noise v�.11 be .normal to c d accompany - ran e ing ser vices. Noise sources during construction (max.dBA 9 at machine). • scraper 80 -115; dozer 88 -105; motor grader 78 -960 Site 9 rading will occur during daylight hours. 3. if yes on 1 or 2, specify whether any areas sensitive to noise or reduced air qua lit y - itals $ elderly housing, wilderness, wildlife { hos P ,areas, residential devel ments, etc.) are in the affected area and dive distance from source. . Singe family housing • sin is located 70 ft. uest of site* G. LAND pESOU -CE CONSERVATION , ENERGY • table for agricultural or forestry production 1. Is any of the site suitable X NO YES or currently in such use? volume of marketable crop If yes, specify the acreage involved, type and P or wood produced and the quality of the land for such use . n mineral or peat deposits on the site? x w0 YES 2. Are there any know -: -- I f yes, .J ,e ci fy the tyj a of deposit and the acre aae . J u 1)] 6 • 3. Will the }project result in an increased energy demand? NO X YES Complete the .following as applicable: air conditioning a. Lnergy requirements (oil, electricity, gas, coal, solar, etc.) Estimated Peak Demand equipment incorporated into this Annual (Hourly or nai 1 Anticipated. Firm Contract or T e _ re uirer,�ent Summer winter Sup Tier Intern: tibie Basis? _ LlectricI,ly 5000 -8000 X 5 P Firm &;. kph e u. v r - ,Natural gas 60 X NOP Firm 50.000 c . f per u. b. Estimate the capacity of all proposed on -site fuel storage. NA c. Estimate annual energy distribution fors space heating 70 lighting 3 ; air conditioning 2 processing N A ventilation NA d. Specify any major energy conservation systems and /or equipment incorporated into this project. The units are attached with adjoining walls and the site is near major traffic arteries. e. What secondary energy use effects may result from this project (e.g. more or longer car trips, induced housing or businesses, etc) ? ;None 110 OPEN SPACE/RECREATICN- 1. =A.re there any designated federal, state, county or local recreation or ._Open space areas near the site (including wild and scenic rivers, trails, - CIO X -'� YES - Take accesses) ? If yes, list areas by name and explain how each may be of fe cteA by the roject. Indicate any measures to be used to reduce adverse impacts. Developer is dedicating land adjacent to Carver Lake to the City p . of Woodbury as part -of an overall city trail /park plan for that area. 7 - � . TMN- SPORTATION • 1. will tine p roject affect any existing or proposed transportation systems � N YES (highway, railroad, water, airport, etc)? O If yes, specify which part (s) of the system(s) will be affected. ror these s::ecify existing use and capacities, average traffic speed and 6. percentage of truck traffic (if highway) j and indicate now they will be p affected by the project (e.g. congestion, percentage of truck traffic, safety, increased traffic (ADT) , access requirements) . " P g The site will enerate approximately 918 ADTE (S.1 ADTE per unit). �. T P Additional traffic to existing systems. The site is served by a county arterial road and a city collector road and should not be significantly affected by the added traffic. -�- 2. Is mass transit available to the site? 140 Y�S 3. What r.ueasures, including_ transit and paratransit services, are planned to reduce adverse inpacts? None J, PLANNING, LAND USE, COMMUNITY SERVICES 1. is the p roject consistent with local and /or regional co P NO X YES plans? ----- -'- If not, explain: use rmit is necessary, indicate existing If a zoning change or special • zoning and change requested. • A special use pe rmit is required in the existing R -4 zone. q 2. Will the type or height of the project conflict with the character of the existing neighborhood? _.X _._ N o Y If yes, explain and describe any measures to be used to reduce conflicts. i _ g _ 3. How many employees will move into the area to be near the project? NA How much new housing will be needed? N z .o 4. Will the project induce development nearby -- either support services X NO YES l or similar developments? - of development and specify any other counties and f If yes, explain type P r r municipalities affected. .N } f x T 5 . Is there suf f iciAnt capacity in the following pub' is services to handle the project and any associated growth? s Amount required ; r Csm -rv; r- A for DlrOl e Ct Suf f i cien caT�a cy? wa 3 5 , 440 gal /da Yes wastewater treatment 28 gal /da Y e s sewer 21350 feet Yes schools 70 pupils Yes (.388 pupils /unit ) solid waste disposal 21 ton /mo Yes s ireets 0.8- wi. les (Private other (police, fire, etc) If current major public facilities are not adequate, do existing local plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? b. Is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or program reviewed by the EQC? X NO YES If yes, specify which area or plan. — 7. Will the project involve the use, transportation, storage , release or disposal of potentially hazardous or toxic liquids, solids on J gaseous substances such as pesticides, radioactive wastes,_ poisions, etc? .X._._._ = S `° If yes, please specify the substance and rate of usage a.nc., any measures y to be taken to minimize adverse environmental impacts from accidents. 9 8• When the project has served its useful life, will retirement of the facility require special measures or plans? X NO YES If yes, specify: i K.; 73 ,xISTORIC RESOURCES 3. Are there any structures on the site older than 50 years or on federal or state historical registers? X NO YES 29 Have any arrowheads, pottery or other evidence of prehistoric or early settlement been found on the site? NO YES Might any known archaeologic or paleontological sites be affected by the activity? Na YES 3. List any site or structure identified in 1 and 2 and explain any imrtpa ct on them. Unknown, information requested of f1innesota Historical Society L. OTHER ENWIRONIMENTAL CONCEkINS Describe any other major enviro rani ental effects which may not have been identified in the previous sections. NA IV. OTHER MITIGATIVE MEASURES .Briefly describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. NA quo 10 . V. FINDINGS T'ne project is a private ( ) governmental ( ) action. The Responsible Agency (Person) , after consideration of the information in this EAW, and the factors in Finn. Reg. MEQC 25, makes the following findings. 1. The project is { ) is not (� } a major action. State reasons: :phis project conforms with-anticipated development dn the area. -focal government has authority over permits and approvals. �r- 2. The project does t ) does not ( X have the potential for s ignif icant environmental effects. State reasons: The cumulative effects of this project will not be com- pounded by related actions in the area. Any environmental effects are subject to mitigation by ongoing public regulatory authorities. Environmental effects can be anticipated and controlled 3. (For private actions only.) The *proj is J } is not ( X) of more than local significance. ' State Reasons: This project is located within the boundaries of Woodbury and con- forms to the goals and objectives of Woodbury's comprehensive plan for this area. Effects on the environment and support services affect only the local community and areas within close proximity to the project. TV. CONCLUSIONS AND CERTIFICATION NOT£: A , Ne gative Declaration or EIS Preparation Notice is not officially filed until the date of P ublication of the notice in the EQC Monitor section of ` the Minnesota State Re Submittal of the EAW to the EQC constitutes _____ ______ a request for publication of notice in the E C Monitor. A. I the undersi ed, . am either the authorized representative of the Responsible Agency or-the Responsible Pearson identified below. Based on the above findings, g the Responsible Agency (Person) rakes the following conclusions. (Complete either Ior2). �-• X NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because the project is not a _ major action and /or does not have the potential for significant environmental effects and /or, for private actions only, the project is not of more than local significance* 11 - 2 EIS PREPARATION NOTICE An EIS will be prepared on this project because the project is. a major action and has the potential for significant environmental effects. For private actions, the project is also of more than local significance. a. The MEQB Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circum- stances, the MEQB can specifically authorize limited construction to begin or continue. If you feel there are special circumstances in this project , specify the extent of progrgss re com, and the reasons. -- b. Date Draft EIS will be submitted: Y (month) (day) (year-) (MEQB Rules require that 'the Draft EIS be submitted w- i th in 120 dc-Vs of Publication of the EIS Preparation Notice in the EQB Monitor. If "special circumstances prevent compliance with this tLme li :it, a written request for extension explaining the reasons for the request must be submitted to the EQB Chairman. ) c. The Draf t ElS will be re ared b (list Responsible Aency(s) P P Y g P d . or Person(s)): B. Attach an affidavit certifying the date that copies of this EA14 were mailed to all posnts on the official EQB distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be ` directly impacted by the proposed action (refer to question 111.J.4. on page 9 of the EAW). The affidavit need be attached only to the co of the EAW which is sent to the EQB Administrator. C. Billing procedures for EQB Monitor Publication. State agency Attach to the EAW sent to the EQB Administrator a completed ONLY OSR 100 form (State Register General Order Form -- available at Center Stores) . For instructions, please contact your Agency's Liaison officer to the State Register or the Office of the State Register - -(612) 296 - 823949 I= hereby certify that the , inf ormation contained in this document is true and ci rrect to the best of my knowledge. - SIGNATURE Ara �= TITLE DATE — 12 — `' J �`� -�/-� - ----.� �' V••-� �000 - - :.,� _ r . N 44 52. - W 9 2 5 2.5 / 7 • Wf ` y 00 0 _ IF �. '� ; ;., :- d •' • . �, .�- - _..� _ - ,00°' '• P H 0 T 0 R E V, 5 E D 1972 rc • - f st �. . •' %•�' i' ` • �� -•�t- „_: ' A M S 7473 1 V N W — SE rZtES Y _ Sch ,,�� ,►• , • Jo 0 1050 kz �-.• c � 1 •' '• .l. 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S aftba am -oloolv ft" boob 04 to • of $p 1 LAKERIDGE lots" trows "now 6" Idell 0 11" •64640 W ar I - I vat vatil's,000 PLA11hiku Al / , WOODBURY, MINN. •* QWtit^" COWAN IF whiffs -------- ------- BASIS FOR C0111P-UTAT IONS Popu'lation Students Auto Trips Solid Waste Water Ufaste I-later 2.1 persons per unit 8-plex units 0.388 pupils per unit 5.1 ADTE per unit 3.7 lbs./da 75 g al./da y /person + 25'.,D' 75 gal./day/person CITY OF 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 C - OFFICE OF COMMUNITY DEVELOPMENT. 770 -4560 SI July 16, 1981 Mr. Dwight Pi cha Community Development Director 2100 Radio Drive Woodbury, Minnesota 55042 Dear Mr. Pi cha: i Thank -you for sending a copy of the environmental assessment worksheet for the proposed Lakeri dge development proposal. f The City of Maplewood objects to the finding on page 8 of the EAW, which states that, "the project is consistent with local and/ or regional comprehensive plans" and the finding on page 11, which states that, "The project is not of more than local significance." Maplewood is aware that Woodbury is proposing that an interchange in this area be located on I -494, north of Carver Avenue. The Ma pl e- wQod Plan, however, proposes that an i nterch'ange be located at I -494 and Century Avenue. Enclosed are copies of the Plan Update, recently submitted to the Metropolitan Council, and the current Plan. The Lakeri dge development would not allow adequate room for an 1-494/ Century Avenue interchange. This development would, therefore, create an inconsistency with the Maplewood Plan and be of more than local significance. The City of Maplewood, therefore, recommends that final action on the Lakeri dge development be tabled until the interchange location can be resolved. Very truly yours, = Barry R. Evans City Manager BRE /jc i enc. cc: Steve Anderson, Metropolitan Council Doug Differt, Mn /DOT District 9 Engineer Environmental Quality Board IM L • fti`` i t'� - Y1'��Tnlltfl lttlitttttft interchange AA OW �a C3 J CK: LLJ j. C minor arterial- - f r t R1 Village o f F,'pW: Y. port L o � v s l � Carver* edge M e wood ����;.��� 1 �,�Q L A tl D U S P L A'1'J ^^ �� A4TE APPROVED -.-October 9. 1972 rv,?LEMon PtAMt ray card ss lori 1 7 16 t. • _p -------- . Cz • Cool) t ! s * CD s 1 ' ' a o s - - C R I s t»{s.tJ • i t>.t . • tt■ Village o f F,'pW: Y. port L o � v s l � Carver* edge M e wood ����;.��� 1 �,�Q L A tl D U S P L A'1'J ^^ �� A4TE APPROVED -.-October 9. 1972 rv,?LEMon PtAMt ray card ss lori 1 7 16 f k • • i f � ' f � f f r- . t. Y ' C3 CCI Cm Ij q C ! I... _. _ �-' - — !r<iii[t!� lI6lli�i[fIsivi rmnor collectors? i cQ cc c/> Vi I lage of Newport Carver Ridge - I ma le wood NEIGi9�Q {�QOD LAPJD USE PLAi"I 1 — PLAN UPDATE 19 -29 } interchange I. • a y ------- 1040 • f _ ! Os 00. ar ' W •— P-, CC -- .., �z LAJ log a.. ••� RI o 0 t f R I � Vi I lage of Newport Carver Ridge - I ma le wood NEIGi9�Q {�QOD LAPJD USE PLAi"I 1 — PLAN UPDATE 19 -29 MEMORANDUM I To: City Manager FROM: Director of Community Development SUBJECT: Joint Resolution of Appreciation _ DATE: July 1, 1981 Community Design Review Board member, Garry S jol ander, has resigned from the Board. (See attached letter.) Mr. Sjol ander has been an. active member on the Board and has generously devoted his time since March, 1977. Attached is a joint resolution of appreciation between the Community Design Review Board and City Council as an expression of gratitude for Mr. , S jol ander' s dedicated service to the City of Maplewood, Recommendation Approval of the joint resolution of appreciation for Garry S jol ander. . June 8, 1981 City of Maplewood 1380 Frost Ave. ,Maplewood, MN 55109 City Council, I regret to inform you that it is necessary for me to resign my position on the Community Design Review Board. Work and family commitments have and w i l l be resulting in numerous conflicts with the regularly scheduled meetings. The resignation will be effective June 30, 19810 ' I want to thank the City of Maplewood and its Council for the opportunity to serve and work towards the continuing beautification and improvement of our city. Respectively, Garry L. Sjolander GLS /tjb - d C. vommuni ty Design Review Board - City of Maplewood T. Ekstrand - City of Maplewood JOINT RESOLUTION OF APPRECIATION WHEREAS, Gcuvcy Sfa.2andeA became a member. oj the Community Da�.gn Review Bva�cd o� Map.Eewood in Mcvrch 1977 and hay �senved _ jaithjuUy in What capac icy. WHEREAS, he hay 6xeety given aj his time and ene-AgN with out campevv�cti.on, 6o.,t the bettehmewt oj the City a6 MapZewood; and G1tIEREAS, he hcv� �hautn �- incvice dedication to W dcitie�s and hays cvvz.vstevrtty cantu.buted his .Eeudetr6hi.p and ej�otct in many ways fan the bene�-i t a6 the City. NOW, THEREFORE, 17 IS HEREBY RESOLVED 6o& and on beha.26 , o4 the City o6 MapZewao d, hknnvs via., and the c i-ti.zervs o � the City that Gcvrn.y Sjo.ea.ndeA -vs heh.eby extended 'out heaqtje,2t gAa,#,i.tude and appneci.a,#,c:c n im his dedicated z ehvice and we with hip continued 6ucce,5 in the 6utu&e. Passed by the Counat.2 vb the City a5 Map.Eewaad this 16th . day o6 Ju2y, 19810 John Gneavu, Mayan Passed by the Community De6i9n Review Bean -d a j the City a � Map2ewoad thiz 14th day oi Juty, 1981. Tony PhiZUppit ChaiAmMn Atte,s t: City July 13, 1981 TO: _ Ci Manager Barry Evans FROM: Director of Public Safety SUBJECT: Recommendation for Letter For a number of years the Maplewood floral planter in front of the Muni, have added to the aesthetics of our STAFF REPORT R. W. Schaller of Commendation for Maplewood Garden Club Garden Club has planted and mai ntai,ned the .i pal Building. The beautiful flowers certainly building. Staff recommends a letter of appreciation be sent to the Maplewood Garden Club c /o Mrs. Roy Carlson, 1112 E. County Road B . St . Paul, Minnesota 55109. RWS : d b tJ cc; Al Peloqui-n City Clerk CN #81- 008375 t � q�s A f MEMORANDUM ' TO: City Manager FROM: Director of Public Works 4,�,g DATE: July 9, 1981 S UBJECT: LINWOOD AVENUE IMPROVEMENT PROJECT 80 -15 The City Council recently ordered improvements along Linwood Avenue east of McKnight Road. Proceeding with.the project is contingent on the petition sponsor, Mr. Kurt Schwichtenberg entering into a developer agreement with the City. Mr. Schwichtenberg has requested to appear before the Council to present an alternative financing proposal. His proposal departs from established procedures. Requiring developers to finance their share of the project cost and the present developer agreement have a good track record and are in the City's best interest. Most developers do not find these procedures restrictive and normally comply with the requirement quite readily. Staff recommends that the City Council take no action on this matter and leave their previous action stand. KGH /mn ; a KURT G. SCHWICHTEN 31 RYAN AVENUE ST. PAUL, 1 55102 City Counc and City Staff July 7, 1981 City of Maplewood, Minn. - - Dear Sirs and Madam; Schwichtenberg Properties has been working for over a year with the city staff Suburban Engineering and Burnet Realty to arrange the necessar v components for the Linwood Avenue Sewer Project, This process began in July of 1980 with discussions involving Ken Haider of City Engineering staff , Dave Hamilton of Suburban Engineering and myself. It was concluded at that time that _Schwichtenberg Properties would petition the City for installation of Sewer from McKnight Road continuing east to serve that frontage of our parcel for which preliminary approval for sub- division had been secured. The petition was completed and accepted by the city. Mr. Haider requested that the feasibility study not be undertaken until 1981 inasmuch as construction in 1984 was not considered likely. In January of 1981 Burnett Realty began marketing of the three lots to be improved and had secured offers to purchase by May, contingent upon sewer and final plat. In numerous conversations with Mr. Haider we arrived at :a ; schedule that called for the feasibility study to be completed in May, and the public hearing to be held June 4, 1981. Sales were to close later in June. Bids were to be taken in July with construction soon thereafter. Construction of residences on these lots concurrent with sewer construction was pl. anned . This planning process was completely derailed on May 27, 1981 when Schwich- tenberg Properties received notice that a public hearing would be held June 4 to evaluate a sewer line serving 660 of our parcel and 150 of 12 " water main at the extreme eastern frontage of that parcel. This change, along with a Ramsey County Highway request that Linwood Avenue be upgraded at the time of construction, increased projected costs by a f actor of between 4 and 5. Me lot sale proceeds would not be sufficient to cover these costs. It is therefore not possible to pursue the project under the presently existing- ^onditions. At no time was I made aware of a City of Maplewood policy to the effect that maximum improvements must be installed on a petitioning developers property. We have also lost one of three buyers due to the inability to conform to the long established schedule. Concern was expressed by Council that the non- requested improvements should be installed simultaneously with petitioned improvements, or the possibility of proving benefit from those non - requested _ impnovements in the future may not be possible. It was in response to that _ concern that we directed our attorney, Fred Kueppers , Jr., to draft a record- able and binding document in which Schwichtenberg Properties would agreeto be assessed for only those improvements not requested by us. 'these assess- ments would be paid at time of sale of developed housing. It is therefore, upon the basis of that document and such other instrumen��.:: as may be requi t t we est to be heard by Council July 16, 1981. Sinceely, � 1 MEMORA TO : City Manager FROM Director of Public Works _ - SUBJECT McKnight Road Watermain PROJECT 78 -19 DATE 7 -9 -81 Attached is the feasibility study for the above project. The watermain recommended along McKnight Road south of Larpenteu.r Avenue is a needed facility, particularly in view of the rapid development around the Maryland Avenue area. The report does, however, identify one overriding negative factor. The estimated cost of the watermain installation could be reduced by approximately $90,000 if done in conjunction with Ramsey County's upgrading of McKnight Road. Their work is scheduled for either 1982 or 1983. It is staff's position that waiting to install the watermain until the road upgrading is the most reasonable direction for the City at this time., It is recommended the City Council take no action on this study but direct staff to file the report for reference when the McKnight Road upgrading is considered. a C..... ..._ .r ... .... I