HomeMy WebLinkAbout1981 10-01 City Council Packet(A) CALL TO ORDER
(B)_ ROLL CALL
(C) APPROVAL OF MINUTES
1 Minutes 81 -15 (July 16)
20 Minutes 81 -23 (September 17)
(D) APPROVAL OF AGENDA
(E) CONSENT AGENDA
All matters,listed under the Consent Agenda are considered to be routine by
the City Council and w i l l be enacted by one motion in the form listed below.
There will be no separate discussion on these items. If discussion, is de-
sired, that item will be removed from the Consent Agenda and will be con-
sidered separately.
l Accounts Payable
20 North Hazelwood Park Contract Amendment
30 Hearing Date: Revenue Note Maple Ridge Mall
4, Hearing Date Revenue Note - Maplewood Dental Specialties
5. Budget Transfer: Cable T.V.
6. In- House Engineerinq Charges: Southlawn
7. Contribution from Lions Club
8. Easement Payment 75 -16
9. Supplemental Agreement 79 -4
100 Supplemental Agreement 78 -9
11. Certification of Election Judges
12. Final approval: Gervai s Avenue Revenue Note (_Schreier)
(F) PUBLIC HEARINGS
1. Board of Adjustments & Appeal s
a. Minutes
b. Variance: 1280 Ripley Avenue (.7:30)
c. variance: Pizza Time Theater (7:30)
d. Variance: 1821 Howard.Street (7:30)
20 Revenue Note: white Bear Avenue Associates (7:45)
(H) UNFINISHED BUSINESS 1, IRB Bond Counsel
(I) VISITOR PRESENTATION
(J) NEW BUSINESS
1. Highway 36 and 61 Safety Improvements_
2. Parking Restrictions: Brookview
3. Parking Restrictions: Larpenteur
4. Ordinance on State Aid for Streets (1st Reading)
5. Council Communication System
6. Maplewood Human Relations Commission
7. Special Exception: Pizza Time Theater
8. Plan Amendment: Lydia Avenue, Ariel Street, and County Road D
9. Plan Amendment: I -494 and Century Avenue
10. Joint Meeting
(K} COUNCIL PRESENTATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
(L) ADMINISTRATIVE PRESENTATIONS
(M) ADJOURNMENT
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, July 16, 1981
Council Chambers, Municipal Building
Meeting No. 81-15
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, MunicipalBuilding and was called to order at 7:04 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. Joker, Councilperson Present
Earl L. Nelson, Councilman Present
0. APPROVAL OF MINUTES
1. Minutes of Meeting No. 81-9 (May 7, 1981)
Councilman Nelson moved to approve the Minutes of Meeting No. 81-9 (May 7, 1981)
as corrected:
Page 7, Item E-Sh "Lydia"
Seconded by Councilman Anderson. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Cable TV
2. Requests - Previous
3. Rules of Procedures
_ 4. Picnic
5. Previous Requests
6. Rent Control
7. Hobbs House
Seconded by Councilman Bastian. Ayes - a11.
E. CONSENT AGENDA
Council removed Items E-3, 6 and 8 from the consent agenda to become items J 6, 7, 8.
Councilman Anderson moved, seconded by Councilperson Juker, Ayes - a11, to approve
Consent Agenda Items 1, 2, 4, 5 and 7 as recommended.
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses - Check No. 005990 through
Check No. 006042 - $94,623.91; Check No. 010436 through Check No. 010563 - $540,598.91:
Part II - Check No. 02012 through Check No. 02149 - $54,957.99) be paid.
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2. Budget Change: Asphalt Overlay
Approved a budget change of $253,000 budgeted for the asphalt overlay program
from account 101-133-4480 to account 101-133-4690.
4. Ripley Avenue Watermain Improvement
Resolution No. 81-7-140
WHEREAS, pursuant to resolution passed by the City Council on November 20,
1980, plans and specifications for Ripley Avenue Watermain (Improvement 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 MAPLEWOGD,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made
a part hereof, arehereby approved and ordered placed on file in the office
of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper
_ (and in the Construction Bulletin) an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The advertise-
ment shall be published two times, at least 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 Ha11 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 arehereby authorized and instructed to receive,
open and read aloud bids and to tabulate the bids received.
S.Ke11er Parkway Sanitary Sewer Improvement
Resolution No. 81-7-141
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) an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The advertise-
ment shall be published two times, at least 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
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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 instructedto receive,
open and read aloud bids and to tabulate the bids received,
7. Reclassification of North Saint Paul Road
Resolution No. 81-7-142
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.
E.A. PRESENTATION: Ramsey Clinic Associates
1. Ms. Mary Hudson, Ramsey Clinic Associates, announced the opening of the new
Maplewood Clinic at 1774 Cope Avenue as of July 13, 1981 and also explained the
plans for the clinic.
-F. PUBLIC HEARINGS
1. Tree Assessments 80-6 (7:00 P.M.)
a. Mayor Greavu convened the meetingfor a public hearing regarding the adoption
of the assessment roll for Tree Assessment No. 80-6. 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. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu. closed the public hearing.
f. Councilman Anderson introduced the following resolution and moved its
adoption:
81 - 7 - 143
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
assessment for the removal of diseased shade trees as described in the files
of the City Clerk as the Diseased Shade Tree Control Program, Project 80-6
and has amended such proposed assessment as it deems just;
NOW, THEREFORE, BE IT RESOLVED BY THE .CITY COUNCIL OF MAPLE WOOD, MINNESOTA:
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1, Such proposed assessment, as amended, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall constitute the special
assessment against the lands named therein, and each tract of land therein
- included is hereby found tobe benefited by the proposed improvement in
the amount of the assessment levied against it.
2. Such assessment shall be payable in equal installments extending over
a period of five (5) years, the first of the installments to be payable
on or after the first Monday in Sanuary, 1982 and shall bear interest
at the rate of eleven (11) percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1981. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification
of the assessment to the county aduitor, pay the whole of the assessment
on such property, with interest accrued to the date of payment, to the
City Treasurer, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution;
and he may, at any time thereafter, pay to the City Treasurer the entire
amount of the assessment remaining unpaid, with interest accrued to December
31 of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the next succeeding year.
4. It is hereby declared to be the intention of the Council to reimburse
itself in the future for the portion of the cost of this improvement paid
- for from municipal funds by levying additional assessment, on notice and
hearing as provided for the assessments herein made, upon any properties
abutting on the improvement, when changed conditions relating to such
properties made such assessment feasible.
5. To the extent that this improvement benefits nonabutting properties which
may be served by the improvement when one or more later extensions or
improvements are made, but which are not herein assessed therefore, it
- is hereby declared to be the intention of the Council, as authorized by
Minnesota Statutes Section 420.051, to reimburse the City by adding any
portion of the cost so paid to the assessments levied for any of such
later extension or improvements.
6. The Clerk shall forthwith transmit a certified duplicate of this assessment
to the County Auditor to be extended on the property tax lists of the
County, and such assessments shall be collected and paid over in the same
manner as other municipal taxes..
Seconded by Councilman Anderson. Ayes - a11.
G. AWARD OF BIDS
1. Sod - Hazelwood Park
a. Manager Evans presented the staff report.
b. Councilman Bastian introduced the following resolution and moved its adoption:
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81 - 7 - 144
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Kern-Anderson, 2081 Industrial Blvd. North, Stillwater, Minnesota, in the
amount of a unit price of $.52 per square yard, supervision $22.00 per hour
and $.82 for sod delivered and said is the lowest responsible bid for the
purchase of approximately thirty seven squareyards of sod for North Hazelwood
Park and the proper City officials are hereby authorized and directed to enter
into a contract with said bidder for and on behalf of the City.
Seconded by Councilman Anderson. Ayes - all.
F. PUBLIC HEARINGS (continued)
2. Preliminary Plat: Carsgroves Meadows 7:15 P.M.
a. Mayor Greavu convened the meeting for a publichearing regarding the request
of Roberts Properties for approval of the Carsgroves Meadows Preliminary Plat '
and for the vacation of a portion of the Cypress Street right of way. 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
report:
"Commissioner Fischer moved the Planning -0ommission recommend to the Gity
Council 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 Outlot .A is combined with 2nd Addition.
3. Revise the metes and bounds description for the plat to refer to Out lot
A of Carsgrove's Meadows 1st Addition.
4. Payment of .deferred water assessments.
5. Implementation of the recommendations fo the Soil Conservation Service,
dated April 16, 1981.
6. The developer should seek to negotiate with the neighbors to revise the
configuration of lot 21 to exclude that portion of the Leo 1a Road corridor
lying south and west of lots 16 and 17. That portion lying south of lot
16 and 17 could be combined with the property adjacent. The west end could
be combined with adjacent properties to the north or south. If the concerned
properties do not choose to acquire Leo1a Road property, lot 21 shall remain
as proposed.
7. Dedication of drainage easements between lots 3 and 4, 14 and 15, along
the north line of Lot 1, and along the Leo 1a Road corridor from the holding
pond in the southwest corner of-the site to Keller Parkway.
8. Revise East Delmont Avenue to read East Demont Avenue.
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9. Submission of a singed developers agreement for all improvements internal
to the plat.
10. City Engineer approval of final drainage, utility and grading plans.
Commissioner Sletten seconded. Ayes - a11. "
d. Mr. Ralph Wagner, Probe Engineering, representing Roberts Properties,
spoke on behalf of the proposal.
e. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following were heard: -
Mr. Dean Hedlund, 2424 Keller Parkway,
Mr. Don McClellan, 961 E. County Road C
Ms. Bonnie Kislich, 2400 Keller Parkway
Mr. Don Watson, 985 E. County Road C
Mr. Don Christiansen, 1111 E. County Road C
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to approve the preliminary plat of Carsgrove's Meadows
preliminary plat of Carsgroves Meadows Addition and Carsgrove's Meadows Second
Addition subject to thefollowing conditions:
1. Construction of a 12" watermain from Gervais Avenue to County Road C through
the plat;
2. Construction of a storm seoaer and ponding system that will limit the rate
of runoff onto adjacent property to present levels as determined by the
City Engineer;
3. Construction of Connors Avenue to Cypress Street for a second means of
access to the proposed subdivision,
4. Construction of all internal plat improvements;
5. Include the proposed remnant parcel located west of the proposed Forest
Street, with the plat asan Outlot. This Outlot shall be combined with
the property to the west. The metes and bounds property description for
the plat shall be changed to. reflect the inclusion of this property;
6. Vacation of the 40 foot ingress-egress easement south from County Road
C;
7. Dedication of a street and utility easementfor that portion ofproposed
Forest Street which lies on the adjoining property to the west;
8. Staff approval'of a finished grading and drainage plan;
9. Dedication of 33 feet rather than 43 feet for the south half of County
Road C;
10. Transfer of the .7 persons/net acre density excess to the applicant's
_ property to the west; '
11. Drainage easements shall be dedicated along the back lot lines, as per
the City Engineer's direction;
12. Compliance with the recommendations of the Soil Conservation Service,
dated November 21, 1977;
13. Final plat approval cannot be granted until the EAW process has been completed;
14. Dedication of 10 foot temporary road way easements on the north and south
sides of the easterly 60 feet of proposed Connors and Delmont Avenues
for purposes of temporary cul-de-sacs. These easements areto be separate
from the plat.
Seconded by Councilman Bastian. Ayes - all.
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h. Councilman Bastian introduced the following resolution and moved its
adoption:
81 - 7 - 145
- WHEREAS, pursuant to the provisions of Minnesota Statutes, Section412.851,
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 proceeded by two (2) weeks published and posted notice, proposes
the vacation of the following described Cypress Street right of way, along
the west line of Block 3 Peter's Addition, Section 9, Township 29, Range
22, and except the N 783.75 feet, the East 30 feet of the East 1/2 of
- the West 1/2 of the NE 1/4 of the NW 1/4 of Section 9, Township 29N, Range
22Was filed and of record inthe Register of Deeds Office, Ramsey County,
Minnesota, to wit:
PROPERTY AFFECTED BY THE STREET VACATION -
1. Lots S - 14 Peter's Addition, Section 9, To 29N R.22W
2. Except the S 10 acres and except the north 885.8 feet lying east of
west 247.5 feet of the W 1/2 of the E 1/2 of NW 1/4, Subject to Roads
in Se. 9, T. 29N, R.22W
3. Except the N 145 feet of the W 147.5 feet, the east 247.5 feet of
the North 888.8 feet of the W 1/2 of the NE 1/4 of the N W 1/4, subject
to roads in Sec. 9, T. 29N, R. 22W
WHEREAS, the Maplewood City Council finds that the vacation of the
above described street and alley are in the interest of the public due
tochanging 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
412.551 thereof, and shall cause the same to be presented to the County
Auditor for entry upon his transfer records and the same shall be thereafter
- filed with the Ramsey County Recorder.
Seconded by Mayor Greavu. Ayes - a11.
Mayor Greavu recessed the meeting at 7:46 P.M. to convene as the Board of Adjustments
- and Appeals.
Mayor Greavu reconvened the meeting at 8:10 P.Mo
4. Condor Strom Sewer 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
to improve the-area lying south of Lower Afton Road between McKnight Road
and Century Avenue described as apartment ownership No. 50 Connemara II, Maplewood
Project No. 78-18 by construction of storm sewer and appurtenances. The Clerk
stated the dates and that the hearing notice was published.
b. Manager Evans stated the City Council ordered the proposed work before,
but due to landacquisition 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 IZ. The resulting cost is approxi-
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_ _
mately $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.
c. Mr. Dan Boxrud, Short Elliott and Henderson, Consulting Engineers, presented
the specifics of the proposal.
d. Mayor Greavu called for. persons who wished to be heard for or against
the proposal. The following expressed their views:
Mr. James Riley, 2445 Londin Lane.
Mr.Don Kirk, 2445 Londin Lane, one of the Board of Directors of Connemara
II, stated he and the rest of the residents are in favor of the proposal.
Hewi11 submit a petition signed by theresidents statingthat they are
in favor of the proposal.
e. Mayor Greavu closed the public hearing.
f. Councilman Anderson moved to order the storm sewer improvement 78-18 as
presented and approved the plans and specifications and proceed with the bidding..
Seconded.by Councilperson Juker. Ayes - Councilperson Juker, Councilmen
Anderson and Nelson.
Nays - Mayor Greavu and Councilman Bastian.
Motion failed. (A 4 to 1 vote is required)
g. Councilman Anderson moved to reconsider the original motion.
Seconded by Councilman Nelson. Ayes - a11.
h. Councilman Anderson introduced the following resolution and moved its
adoption:
81 - 7 - 146
WHEREAS, aresolution of the City Council adopted the 18th day of June,
1981 fixed a date for-a Council hearing on the proposed improvement of that
area generally lying south of Lower Afton Road between McKnight Road and Century
Avenue described as Apartment Ownership No. 50 Connemara II (Improvement Project
78-18) by construction of storm sewers and appurtenances; and
WHEREAS, ten days' published notice of the hearing through two weekly
publications of the required notice was given and the hearing was held thereon
on the 16th day of July, 1981, at which all persons desiring to be heard were
given an opportunity to be heard thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA:
1. Such improvement is hereby ordered as proposed in the Council resolution
adopted the 16th day of July, 1981.
2. That assessments for said project be charged to Connemara lI.
3. The City Engineer is hereby directed to prepare plans for the making
of such improvement.
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Seconded by Councilman Nelson. Ayes - Councilperson Juker; Councilmen Anderson
Bastian and Nelson.
Nays - Mayor Greavu.
i. Councilman Anderson introduced the following resolution and moved its
adoption:
81 - 7 - 147
WHEREAS, pursuant to resolution passed by the City Council on July 16,
1981, plans and specifications for Condor Storm Sewer (Improvement Project
78-18) have been prepared by or under the direction ofthe City Engineer and
he has presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE 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 21 days before
date set for bid opening,- shall specify the work to be done, shall state
that bids will be publicly opened and considered, by the Council at the
time and date selected by the City Engineer, at the City Hall and that
no bidsshall be considered unless sealed and filed with the Clerk and
accompanied by a certified check or bid bond, payable to the City of Maple-
wood, Minnesota, for 5% of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and instructed
to receive, open, and read aloud bids and to tabulate the bids received.
Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen Anderson,
Bastian and Nelson.
Nays - Mayor Greavu.
5. Revenue Note: Pearson andLindbeck - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a request
from Pearson-Lindbeck for a mortgage Revenue Note in the amount of $350,000
to construct a 23,000 square foot warehouse facility to be located on the
east side of White Bear Avenue south of County Road B. The Clerk stated the
hearing notice was found to be in order andnoted the dates of publication.
b. Manager Evans presented the staff report.
c. Mr. Richard Pearson and Mr. Thomas Lindbeck, the applicants, spoke on
behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
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g. Mayor Greavu moved to approve the revenue note as requested byPearson-
Lindbeck subject to Council's established criteria and guidelines and introduced
the following resolution and moved its adoption:
81 - 7 - 148
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
- COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
- NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota
Municipal Industrial Development Act (the "Act") as found and determined by
the legislature is to promote the welfare of the State by the active attraction
and encouragement and development of economically sound industry and commerece
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 econom-
- ically 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 Pearson-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 desiresto facilitate theselective development of the commun-
ity, 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 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 theconstruction
of buildings and improvements on land owned by Dick Pearson and Thomas Lindbeck
and will result in the employment of additional persons to work within the
new facilities;
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- (f) The City has been advised by representatives of Company that conventional,
commercial financing to pay the capital cost of the Project is available only
on a limited basisand 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 borrowing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City Council adopted June 1S, 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 MinnesotaStatutes, 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 undertakethe Project pursuant to the Minnesota Municipal Indus-
. trial 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 conditionswith 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 princi-
pal 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 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 inconnection with one or more revenueproducing
enterprises engaged in any business within the meaning of Subdivision la of
Section 474.02 of the Act; that the Project furthers the purposed 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 unemploy-
ment, 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 Commissioner of Securities, and subject
- - to final approval by this Council, Company, and the purchaser of the Note
as to the ultimate details of the financing of the Project;
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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 tothe 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 Commissionerwill be paid by.Company;
6. 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
pruchaser 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 sumbit such documents to the Council for final
approval;
7. Nothing in this resolution or in the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on the Project other
than the revenues derived from the Project or otherwise granted to the City
for this purpose. Thp Note shall not constitutes 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 payble solely from the revenue and
proceeds pledged to the payment thereof. The Note shall not constitute a
debt of the City within the meaning of any constitutional or statutory limitat-
ion;
8. In anticipation of the approval by the Commissioner of Securites and
Real Estate and the issuance of the Note to finance all or a portion of the
Project, and in order thatcompletion 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 ofthe Project to be
financed from the proceeds of the Note as Company considers necessary, includ-
ing the use of interim, short-term financing, subject to reimbursement from
the proceeds of the be financedfrom 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 other-
. wise without liability on the part of the City;
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.
Adopted by the City Council of the City of Maplewood, Minnesota, this
16th day of July, 1981.
/s/ Sohn Greavu
Mayor
- 12 - 7/16
Attest:
/s/ Lucille Aurelius
City Clerk
Seconded by Councilman Nelson. Ayes - Mayor Greavu; Councilmen Anderson,
Bastian and Nelson.
Nays - Councilperson Juker.
6. Rezoning - Woodlyn Avenue andMcKnight Road - Nettleton - 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
- of Mr. Mack Nettleton to rezone a 7.67 acre parcel of landlocated north of
Woodlyn Avenue and west of McKnight Road from F-R (Farm Residence) to R-3
(MultipleDwelling). The Clerk stated the hearingnotice was in order and
noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Fischer presented the following Planning Commission recommend-
ation:
"Commissioner Ellefson moved the Planning Commission recommend to the City
Council approval of the requested zone change from F, Farm Residence to R-
3, Multiple based onthe finding that the proposed zoning is consistent with
the Land Use Plan.
Commissioner Kishel seconded. Ayes a11."
d. Mr. Mack Nettleton, the applicant, spoke on behalf of his proposal.
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 introduced the following resolution and moved its
adoption:.
81-7- 149
WHEREAS, a petition was filed with the Clerk of the City of Maplewood
as provided under Section 915.010 of the Municipal Code of the City of Maplewood,
said petition having been signed by more than 50% of the owners of property
within 200 feet of the property described as follows:
That part north of Woodlyn Avenue of the south 905 feet of the
Northeast 1/4-of the Northeast 1/4 of Section 2, Township 29, Range 22
(subject to road)
which has been proposed forrezoning from F, Farm Residence District to R3,
Residence Distirct (Multiple Dwelling); and
WHEREAS, a public hearing was held on July 16, 1981 at 8:00 P.M. in the
City Hall, notice thereof having been duly published in the official City
newspaper, and notices of said hearing having been mailed to all property
owners of record within 350 feet of the area proposed for rezoning; and
- 13 - 7/16
WHEREAS, all objections and recommendations relative thereto were heard
by the City Council; and
WHEREAS, it appears for the best interest of the public that saidpetition
be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described rezoning be granted.
Seconded by Councilman Nelson. Ayes - a11.
7. Special Use Permit: Beam Avenue - Junek Construction - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding request
of Junek Excavating Company for a special use permit for excavation on property
north of Beam Avenue, west of Highway 61. 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 Kishel moved the Planning Commission recommend to the City Council
approval of the special use permit for mineral extraction, subject to the r
following conditions:
1. Adherence to the requirements and standards seC forth in Section 917 (Min-
eral 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 tobe removed.
4. All excavation shall be in accordance with each year's approvedplan.
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 (2D) 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. The permit holder is responsible for acquiring any permits from other
agencies.
9. All grading shall be in accordance with the grading plan for Beam Lake-
side (revision date 6-1-81).
- 14 - 7/16
Commissioner Hejny seconded.
Commissioner Prew moved an amendment to limit the mining operation to 40,000
cubic yards and add the following condition:
10. The special use permit shall be limited to one year.
Revise the following conditions to read:
3. In accordance with Section 917.060 (4), annual mineral extraction permits
must be obtained from the Director of Public Works. A plan for operation
shall be approved by the City Engineer. Permits shall designate the area,
total acreage to be excavated, and quantity of material to be removed.
4. A11excavation shall be in accordance with the approved plan. No deviations
shall be allowed without prior approval from the Director of Public Works.
Commissioner Fischer seconded. Ayes - all.
Voting on the motion as amended: Ayes - a11."
d. The applicant was not in attendance at the meeting.
e. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their views:
Mrs. Marilyn Vars, 1140 Beam Avenue
Mr. Talmadge Carey, 1174 E. County Road D
Mr. Voya Piletich, 2130 Arcade Street
Mr. Arthur Manke, 1210 Beam Avenue
Mr. Jeff Bloomquist, 1174 Beam Avenue
Ms. Karen Barnhart, 1134 E. County Road D
Mr. John Sculley, Little Canada resident. -
f. Mayor Greavu closed the public hearing.
g. Councilman Nelson moved to continue the hearing for the special use permit
as requested by Junek Construction until the first meeting in September and
that the staff notify all contractors working on this property finish the
conditions on the existing grading permit and that no further permits be issued
until a plat is submitted.
Seconded by Councilman Anderson. Ayes - a11.
Mayor Greavu recessed the meeting at 10:52 P.M. to reconvene as the Board of Appeals
and Adjustments.
Mayor Greavu reconvened the meeting at 10:55 P.M.
Councilman Bastian moved to suspend the Rules of Procedures to hear Item J-7 and
J-4 at this time.
Seconded by Mayor Greavu. Ayes - a11.
J. NEW BUSINESS
- 15 - 7/16
7.. Final Approval - Revenue Note - Voight and Fourre
a. Councilman Anderson voiced his concernsregarding this revenue note financing.
b. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 7 - 150
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota,
as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-l. 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 assignedto them
in the Loan Agreement unless the context or use thereof indicates another
or different meaning or intent.
Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended;
Assignment of Leases and Rents: the agreement to be executed by the Borrower
assigning all the rents, issues and profits derivedfrom 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, aMinnesota general partnership,
its successors., assigns, and any surviving, resulting or transferee business
entity which may assume its obligations under the Loan Agreement;
City: the City of Maplewood, Minnesota, its successors and assigns;
Construction Loan Agreement: the agreement to be executed by the City,
the Borrower and the Lender, relating to the disbursement and payment of Project
Costs for the construction and installation of the Improvements;
Guaranty: the personal guarantyto be executed by William S. Reiling
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 rights described
in Exhibit A attached to the Loan Agreement;
- 16 - 7/16
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 W. 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;
Project Costs: the total of all "Construction Costs" and
"Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution: this Resolution of the City adopted
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 published on a Monday, on the next succeeding
business day), in the "Money Rates" column as the interest rate
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.
- 17 - 7/16
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 producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1-3. Findings.
The City Council has heretofore determined, and does
hereby determine, as follows:
(1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
(2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described 'in
the Loan Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the _Assignment of Loan Agreement, the Note and
the Construction Loan Agreement, which documents specify the
terms and conditions of the acquisition and financing of the
Improvements 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;
- 18 - 7/16
(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 P1ote, for the
purpose of financing the Improvements to be included in the
Project;
(6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or interest
thereon; and
(7) The Note is an 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
(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 Project.
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act and subject to the terms and conditions
set forth in the Construction Loan Agreement, to provide for '
the construction and installation of the Improvements to be
included in the Project pursuant to the Plans and Speci-
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 Specifications.
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.
- 19 - 7/16
(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
financing and subject to agreement as to details by the City,
the Borrower and the permanent lender.
ARTICLF. TWO
NOTE
2-1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
appropriate variations, omissions and insertions as .are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $3,000,000 unless a duplicate Note is
issued pursuant to Section 2-7. The Note shall be in
substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1981
(St. Paul Business Center Project)
$3,000,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, 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
- 20 - 7/16
(7.58) of the Three Month C/D Rate per annum or at such higher
late 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 (758) 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.
(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 (38) 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.
- 21 - 7/16
5. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivision la,
Minnesota Statutes, consisting of the 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
herewith between Daniel W. Fourre, James D. Voight and Robert
L. Reiling and their respective spouses and the Borrower, as
mortgagor, and the Lender as mortgagee (the "lortgage"), 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.
- 22 - 7/16
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.
11. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mos:.gage, 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.
- 23 - 7/16
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
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 WHEREOF, 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 ,
1981.
CITY OF MAPLEWOOD, MINNESOTA
- 24 - 7/16
Mayor
Attest:
(SEAL)
Seconded by Mayor Greavu. Ayes - a11.
Councilperson Juker moved to suspend the Rules of Procedures andextend the agenda
past the meeting time deadline.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson Juker,
.Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
4. Linwood Avenue Improvement
a. Manager Evans stated 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 theCity.
Mr. Schwichtenberg has requested to appear before the Council to present an
alternative financing proposal. His proposal departs from established City
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 takeno action on-this matter and leave
their previous action stand.
b. Mr. Kurt Schwichtenberg, the developer, spoke on behalf of his request
and stated if this improvement is assessed, he will not dispute his assessments.
- c. Mayor Greavu introducedthe following resolution andmoved its adoption•
81 - 7 - 151
WHEREAS, the City Council, on the 4th day of June, 1981, resolved that
Linwood Avenue Sanitary Sewer (Improvement Project 80-15) be ordered and plans
and specifications be prepared; and
WHEREAS, the developer, Schwichtenberg Properties, has requested to be
assessed for the non-petitioned portion of said project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. The development agreement shall address 276 feet of the developer's property;
- 2. The developer agrees to pay the assessments on the remaining property.
- 25 - 7/16
Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilmen
Anderson, Bastian and
Nelson.
Nays - Councilperson Juker.
H. UNFINISHED BUSINESS
1. Valley Branch Water Shed District Assessments
a. Manager Evans presented the staff report.
b. .Councilperson Juker moved to deny payment of the special assessment from
the ValleyBranch Watershed District.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker,
- Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
2. Sign Code Amendment: Billboards
a. Mayor Greavu moved to table this item until the next regular meeting.
Seconded by Councilman Bastian. Ayes - a11.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Sale of City Property - Radatz Avenue
a. Manager Evans presented the staff report.
b. Commissioner Lorraine Fischer presented the following Planning Commission
report:
"Commissioner Fischer moved the Planning Commission recommend to the City
Council adoption of a finding that the 120 by 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 condertated and obtained by the City in 1974 to construct
a water main
- 2. The watermain has been constructed
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.
Also, authorize staff to take whatever steps are necessary to sell the subject
parcel at market value. Approval of the division and purchase of the requested
5 by 296 foot parcel, subject to sale at fairmarket value, as determined
by an appraisal.
Commissioner Kishel seconded. Ayes - a11."
- 26 - 7/16
c. Councilperson Juker moved to adopt the finding that the property as described on Radatz
Avenue is land in excess of the public need and authorized the properiv to be sold based on
the four recommendations in the staff and Planning Commission Report and that the monies
be placed in the road fund.
Seconded by Mayor Greavu. Ayes -all.
2. I - 494/Century Avenue Interchange
a. Manager Evans presented the staff report and stated 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. An Environmental Assessment Worksheet was
prepared and submitted to Maplewood as part of the review process. It is recommended a
letter responding to the EAW be forwarded.
b. Councilman Bastian moved that the Manager be instructed to forward a letter to
Woodbury opposing the elan and inform the Metropolitan Council of Maplewood's concerns.
Seconded by Councilman Anderson. Ayes -all.
3. Resolution of Appreciation
a. Gary Sjolander
1. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 7 - 152
WHEREAS, Garry Sjolander became a member of the Community Design Review Board
of Maplewood in March 1977 and has served faithfully in that capacity;
WHEREAS, he has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership and effort in many ways for the benefit of the City;
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City that Garry Sjolander is hereby extended
our heartfelt gratitude and appreciation for his dedicated service and we wish his continued
success in the future.
Seconded by Councihnan Bastian. Ayes -all.
b. Maplewood Garden Club
1. Mayor Greavu moved that a letter of appreciation be forwarded to the Maplewood
Garden Club thanking them for the plantine and maintenance of the floral planter in front
of the Municipal Building,
Seconded by Councilman Bastian. Ayes -all.
5. McKnight Road Watermain.
- 27 - 7/16
a. Manager Evans presented a feasibility study for the McKnight Road Watermain
_ project. The watermain recommended alongMcKnight Road southof Larpenteur
Avenue is a needed facility, particularly in viewof 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 or1983. It is staff's position that waiting
to install the watermain until the road upgrading is the most reasonable direct-
- ion 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.
b. No action taken. Council instructed staff to file the report for reference.
6. Cancellation of Interest - M/DOT
a. Councilman Bastian moved to cancel the interest on the special assessment
recently paid by M/DOT in the amount of $368.21 (Water Improvement 4).
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Bastian and
Nelson.
Nays - Councilman Anderson and Councilperson
Juker.
8. Pay Scale for Puppeteers
a. Manager Evans presented the staff report.
b. Councilperson Juker moved to establish the puppeteers pay scale for special
shows as $25.00 per show per puppeteer.
Seconded by Councilman Bastian. Ayes - a11.
K. COUNCIL PRESENTATIONS
1. Cable TV
a. Councilman Anderson reported on the Cable TV Committee meeting and stated
a list of the Community Leaders is needed by July 22, 1981.
2. Request - Previously - Sewer Cuts in street
a. Councilman Anderson questioned what has happened regarding his previous
request about sewer cuts in the street.
b. Staff to investigate.
3. Rules of Procedures
a. Councilman Bastian discussed the Rules of Procedures.
b. No action taken.
- 28 - 7/16
4. Commission Picnic
a. Councilperson Juker moved that Councilman Bastian establish a date for
the Commissioner's Picnic and will be in charge of the arrangements.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson. Juker,
Councilmen Anderson and Nelson.
Councilman Bastian abstained.
- 5. Discussed under K-2.
6. Rent Control
a. Mayor Greavu discussed a request from a resident from the south end of
the City regarding rent control.
b. Referred to the H.R.A.
7. Hobbs House
a. Mayor Greavu stated the Hobbs House on Skillman Avenue has been sold.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
12:00 Midnight
-G_-c-e~,c,J ~<~$-~-cc~~~
City Clerk
- 29 - 7/16.
4
s
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, September 17, 1981
Council Chambers, Municipal Building
Meeting No. 81 -23
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 7:04 P.M. by Mayor Greavu,
B. ROLL CALL
John Co Greavu, Mayor Present
Norman G. Anderoon, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes No. 81 -14 July 2, 1981
Councilman Nelson moved to approve the minutes of Meeting No. 81 -14 (July 2, 1981)
as submitted.
Seconded by Councilman Anderson. Ayes — all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
19 - Council Tours
2. Signs on Harvester
3. Cable T.V.
4. R.E. Zone
-5. BC (M) Zone District
6. Commission.— Meetings
7. 3.2 Beer License: Carlton Racquestball
Seconded by Councilperson Juker. Ayes — all.
E. CONSENT AGENDA
Councilman Anderson moved, seconded by Councilman Nelson, Ayes — all, to approve the
Consent Agenda Items 1 through 8 as recommended.
1 Accounts Payable
:Approved the accounts (Part I — Fees, Services, Expenses, Check No. 006234 through Check
No. 006287 — $84,281.23; Check No. 011073 through Check no. 011200 — $4,009,191.13:
Part II — Payroll, Check No. 02700 through Check No. 02833 — $51,880.93) in the amount
Of $1,093,472.36.
2. Budget Change: Fire Protection
Amended the 1981 Budget by a 3,810 increase in estimated revenues and expenditures to
— 1 — 9/17
cover the actual amount to cover the 3M fire protection contract with St. Paul
3. Renewal of Employee Insurance Policies
Renewed the existing one year contracts for employee insurance as outlined in the staff
report with Minnesota Mutual (Life Insurance) Connecticut General (Long Term Disability)
Group Health Plans (Health Maintenance Organization- medical and dental) and Employees
Benefits Plan (Dental).
4. Gambling Permits
a. St. Jerome's Church
Approved the temporary gambling permit for St. Jerome's Church for September 20, 1981
(Paddle Wheel, Raffle and Tipboard).
b. Hill- Murray High School Mothers and Fathers Club
Approved the temporary gambling permit for Hill - Murray High School Mothers and Fathers
Club for November 1, 1981 (Paddle Wheel and Raffle).
5. Time Extension: Holy Redeemer Day Care Center
Approved the renewal of the special exception for the Growing Room Day Care Center for
five years, based on the findings that:
1. The proposal is consistant with the intent of the City Code;
2. The proposal will not substantially change or detract from the use of the neighboring
or subject property;
3. The proposal is in the best interests of the community and public welfare;
4. There have not been any nuisance or problems during the first year of operation.
6. Time Extension: Chesterwood Addition
Approved a 90 day time extension for the Chesterwood preliminary plat, subject to the
original conditions.
7. Time Extension: Goff's Mapleview Addition
Approved a 90 day time extension for the portion of Block 1, Goff's Mapleview Addition
which has not yet received final plat approval, subject to the original conditions.
8. Time Extension: Arthur W. Bollman's Addition
Approved a 90 day time extension for the Arthur W. Bollman's Addition preliminary plat,
subject to the original conditions.
F. PUBLIC HEARINGS
1. Special Use Permit: Pizza Time Theater 7:00 P.M. (Reconsideration)
a. Manager Evans stated staff had received a letter from Chuck E. Cheese's Pizza
Time Theatre withdrawing their request for a special use permit to operate a restaur-
ant in a BC(M) zone district on Beam Avenue.
b. Councilperson Juker moved to place a moratorium on special use permits in a
BC(M) Business - Commercial Modified zone district for a period of up to one year
or until the Commission reviews the matter and has a recommendation.
Seconded by Councilman Anderson. Ayes - all.
- 2 - 9/17
c. Councilman Anderson moved to deny the S ecial Use Permit as requested by Chuck
E. Cheese's Pizza Time Theater to operate a restaurant in a BC(M) Zone District.
Seconded by Councilperson Juker. Ayes - all.
G. AWARD OF BIDS
1. Employee Medical Insurance
a. Manager Evans presented staff report.
b. Mayor Greavu moved to renew the existine Employee Medical Insurance with Great
West Life Assurance Company as submitted.
Seconded by Councilman Anderson. Ayes - all.
2. Soccer Field Lighting System: North Hazelwo.od _
a. Manager Evans presented the staff report.
b. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 9 -
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Ridgedale Electric of Long Lake, Minnesota, in the amount of $24,400.00 with the
possible alternative of unit price for Coisson Depth of $40.00 per foot, is the
lowest responsible bid for the North Hazelwood Park Soccer Field Lighting System
Improvement 80 -2 and that 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 Councilman Anderson. Ayes - all.
H. UNFINISHED BUSINESS
1. Code Amendment: Motor Fuel Station Parking - 2nd Reading
a. Manager Evans presented the staff report.
b. Mr. Richard Fuchs, Architect for the Tom Thumb Stores, spoke on behalf of the
proposed code amendment to allow parking in front of motor fuel station.
C. No action taken.
2. Hillwood Drive - Dorland Road: Project 78 -10
a. Director of Public Works Haider presented the specifics of the proposed improve -
ment.
b. Mr. Ken Gervais, the developer, presented his views. He also stated he had
no problems with the proposed method of assessing.
C* The following area residents expressed their views:
Mr. Gordon Sinclair, attorney for Glenn Becklund, 2325 Linwood Avenue;
Mr. Ken Benson, 3149 No. Vincent Avenue, Minneapolis, 55411
Mr. Glenn Becklund, 2325 Linwood Avenue
- 3 - 9/17
Resident, 2313 Linwood Avenue
Resident, 2314 Linwood Avenue.
d. Councilman Anderson introduced the following resolution and moved its adoption:
81 - 9 -
WHEREAS, after due notice of public hearing on the construction of streets,
sanitary sewer, watermain, storm sewer and necessary appurtenances on Dorland Road
and Hillwood Drive (Public Improvement Project 78 -10) a hearing on said improvement
in accordance with the notice duly given was duly held on September 3, 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:
10 That it is advisable, expedient, and necessary that the City of Maplewood con-
struct streets, sanitary sewer, and necessary appurtenances on Dorland Road
.and Hillwood Drive (Public Improvement Project 78 -10) as described in the notice
of hearing thereon, and orders the same to be made.
2. The City Engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said im-
provement provided the developer pays all costs for the preparation of these
plans and specifications,
3. This improvement is hereby designated to be Public Improvement Project 78 -106
Seconded by Councilman Nelson. Ayes - all.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Plan Review Appeal: Maplewood East - White Bear Avenue Associates
a. Manager Evans presented the staff report.
b. Mr. Richard Schreier, representing the developers, requested the Council approve
the site plan for the proposed shopping center. The Community Design Review Board,
at its meeting of September 8, 1981, denied approval of the site plan.
c. Councilman Anderson moved to approve the site plan for the Maplewood East Shopping
Center at the northeast corner of Beam and White Bear Avenues subject to the followin
conditions:
1. Approval of the site plan does not constitute approval of a building permit
or approval of a specific use;
2. An erosion control plan during construction shall be submitted for approval
at the time of application for a grading permit;
3. The thirty foot wide driveway behind the building shall be reduced to 24 feet,
thereby increasing the rear yard setback up to eleven feet;
- 4 - 9/17
4. The following aspects of this proposal shall be referred back to the Community
Design Review Board:
a. Sign plan
b. Building elevations
C* Landscaping- fencing plan
Emphasis shall be put on substantial screening across the rear of the property
as well as a generous amount of plantings and berming to screen the parking
lot from White Bear Avenue
5. Outdoor trash storage to be referred to Community Design Review Board
6. Site security lighting shall be provided and shall not cause any undue glare
onto adjacent roadways or properties.
7. Continuous concrete curbing shall be installed around the parking lot. The parking
lot shall be striped.
8. All exterior building equipment and roof -top equipment (electrical transformers,
utility meters, air conditioning equipment, etc.) shall be hidden from all views
or screened in a decorative manner. Screening is subject to Staff approval.
9. The applicant shall obtain cross easements for access from the adjacent property
owners with whom access will be shared. Documentation of these easements shall
be submitted for approval by the City Attorney and shall be recorded with Ramsey
County prior to the issuance of a building permit.
10. The grading and drainage plan shall be submitted for approval of the City Engineer.
11. At least four handicap parking spaces shall be provided and shall be located
near the building to be close to the handicap ramp.
12. The Applicant shall construct a five foot wide concrete sidewalk along the White
Bear Avenue right -of -way as a continuation of the existing sidewalk on the property
to the south.
Seconded by Councilperson Juker. Ayes - all.
2. Battle Creek Park Plan
a. Mr. Larry Holmberg, Ramsey County Recreation Department, presented the specifi-
cations of the proposed Battle Creek Park.
b. Council wishes to study the proposal further.
3. Billboard Permit: Fairview Sign Co.
a. Fairview Sign Company is requesting approval of a 300 square foot billboard
in lieu of the moratorium Council has placed upon billboards.
b. Councilperson Juker moved to deny the request of Fairview Sign Company that
Council lift the billboard moratorium and grant them a sign permit. Denial is based
upon:
1. Approval of this permit would set a precedent to allow billboards for other
outdoor advertising companies.
- 5 - 9/17
q 2. The applicant has not provided any justification for his request.
Seconded by Councilman Anderson. Ayes - all.
4. McKnight Road
a. Manager Evans presented the staff report.
Councilperson Juker moved to waive the Rules of Procedures and extend the meeting past
the 10 :30 P.M. deadline.
Seconded by Councilman Anderson. Aves - all.
b. The following residents expressed their concerns regarding the proposal:
Mr. Dick Myers, 1820 McKnight Road
Mrs. Jean Myers, 1820 McKnight Road.
c. Councilman Anderson introduced the following resolution and moved its ad02tion
Y
81 - 9 -
WHEREAS, the City Council has determined that it is necessary and expedient
that the improvements within the project limits of the proposed McKnight Road re-
construction by the construction of concrete curb and guttet", predestrian walkways,
storm sewer, sanitary sewer upgrading and watermain installation be studied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the improvement as hereinbefore described is hereby referred to the City
Engineer, and he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improvement
is feasible and should best be made as proposed, and the estimated cost of the im-
provement as recommended; and
BE IT FURTHER RESOLVED that the aforesaid work be hereafter referred to as Pro-
ject No. 81 -20.
Seconded by Councilman Nelson. Ayes - all.
K. COUNCIL PRESENTATIONS
1. Council Tour
a. Councilperson Juker requested Council and staff meet to tour the Hillcrest
Development property and Acorn Greenhouse property at 11:00 A.M., October 3, 1981.
b. Everyone will meet at City Hall at 10:45 A.M.
2. Signs on Harvester
a. Councilman Nelson requested traffic signs for "School Area - Slow" be placed
by Transfiguration School.
b. Referred to staff.
2a. Nature Center
- 6 - 9/17
a. Councilman Anderson requested better signing of the Nature Center. He has
received calls whereby people are having difficulty in finding the Nature Center.
b. Referred to staff.
3. Cable TV
a. Councilman Anderson presented articles on Cable TV and also brought the Council
up to date on developments of the Cable TV Commission.
4. RE Zone District
a. Councilman Anderson wished to clarify Council's position on the RE Zone District.
The zoning should be considered for areas within Maplewood as the overall plan is
being developed.
5. BC (M) Zoning District
Discussed under Item F -1.
6. Commissioners Meeting
a. Councilman Anderson requested Council set a date to meet with the Planning Com-
mission and the Community Design Review Board and review policies.
b. Referred to staff to set the date.
L. ADMINISTRATIVE PRESENTATIONS
1. 3.2 On Bale Beer License - Carlton Racquetball
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 9 -
NOTICE IS HEREBY GIVEN, that pursuant to action by the Council of the City of
Maplewood on the 17th day of September, 1981, an On Sale 3.2 Beer License was ap-
proved for Otto Bonestroo, dba Carlton Racquetball Club, 600 Carlton Avenue.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinance.
Seconded by Councilman Anderson. Ayes - all.
ADJOURNMENT
City Clerk
- 7 - 9/17
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---------------------
MEMORANDUM
TO: City Manager
FROM: Director of Community Services
DATE: September 30, 1981
SUBJECT: NORTH HAZELWOOD PARK
PROJECT 80 -2
CONTRACT AMENDMENT NO.1
Information is herewith provided concerning additional work
and amendments to the above referenced construction contract
with U.D. Contracting, Inc. The nature of the requested
changes are as follows:
1. Excavation for the parking lot revealed that the
inplace subgrade materials were not native to the
site and consisted of heavier soils of clay and
N
silt. These types of soils would not provide
adequate bearing for the parking lot and were
therefore selectively subcut to a depth of 3 feet below
the planned subgrade. A granular borrow material
was hauled in and compacted inplace to provide
the proper stability. The cost for the Subgrade
Excavation and Granular Borrow is $6,164.70.
We recommend that the City Council approve the requested change
in contract as delineated under Change Order No. 1. This will
result in a._incrcase of the original contract amount to
$67,202.950
DJP /mn
y '
r 1 0
r
Date
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has
heretofore ordered Improvement Project No. 80 -2 and has
let a construction contract therefore.
AND WHEREAS, it is now necessary and expedient that
said contract be modified and designated as Improvement
Project No. 80-2, Contract Amendment #1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
YAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby
authorized and.directed to modify the existing contract by
executing said Contract Amendment #1.
}
CHANGE ORDER
DEPARTMENT OF PUBLIC WORKS
MAPLEWOOD, MINNESOTA
Change
' No. 80-2 Order No
. 'nn. July 31 19 81 , Project
St. Paul , Mi
To U.D. Contracting, Inc-
for North Hazelwood Park
for
The City of Maplewood, Minnesota
'n change to your contract dated
directed to make the following g •
You are hereby
19 81 The change and the work affected thereby i s sub ject
June 4 •
1 contract stipulations and covenants. This Change Order will
to al
t sum b
• 6 0i the contrac Y Six thousand One Hundred
( (1�
/
Sixty Four and 7 Dollars $ 6,164.70 •
• d with corrections ' change order �. s for work associated soc late to the parking
•
The from unstable soil conditions.
lot subgrade resulting
ITEM DESCRIPT ION UNIT PRICE QUANTITY
Excavation $1.85
1 Subgrade Exca 810 C.Y•
Granular.Borrow (LV) $3.85 1212 C.Y.
Amount of original contract
• }
Additions approved to date (Nos,
• �
Deductions approved to date (Nos.
Contract amount to date
Amount of this Change Order (Add)
A Contract Amount
AMOUNT
$1,498.50
$4,666.20
$6,164.70
$ 61,0
$ 0.00
$ 0.00
$ 61,038.25
$ 6,164:70
$ 67,202.95
Revise
Appro d
Approved D' rec or of Ommuni.ty Services
Mayor �r
Date
Date
Approved
Ap proved—. ngineer
p Contractor
Date A- 81
Date 0
4Cavw
3
M E M O R A N D U M
TO: CITY MANAGER
FROM: CITY CLERK
REGARDING: ESTABLISH HEARING DATE - REVENUE NOTE - J.S.B. REALTY AND DEVELOPMENT
COMPANY - MAPLE RIDGE MALL
DATE: SEPTEMBER 25, 1981
J.S.B. Realty and Development Company has submitted an application for a 5.5
million dollar revenue note to construct the Maple Ridge Mall at the Northwest
corner of 11th Avenue and White Bear Avenue.
A hearing date of November 5 is recommended.
Action by Co unoil :;
.t
.1.lU�
i .
5
APPLICATION/AGREEMENT
FOR TAX EXEMPT
MORTGAGE REVENUE NOTE FINANCING
This Agreement is hereby entered into between the City of Maplewood,
Minnesota, hereinafter called the "Ci and
- �nn lent Co.
hereinafter called the "applicant ".
The applicant is requesting financing for a devel opment project and
desires that the City issue notes according to the terms of the Municipal
Industrial Development Act of 1967 as amended. In order for the appli
to be considered by the City, the applicant hereby agrees to pay all costs
involved in the legal and fiscal review of the proposed project and all costs
involved in the iss uance of said notes to finance the project.
It is further agreed and understood that the Ci reserves the right to
deny any apps i cati on for fi i n any stage of the proceedings prior to
adopting the resolution authorizing the issuance of notes,
1. APPLICANT:
a. Business Name - J . S . B . Realty & Development Company
b. Business Address - P.O. Box 1221, Oak Brook, Illinois 60521
c. Business Form (corpime ;= Ran=tners sole proprietorship, -fie ) -
d. Authorized Representative - Josh Bentle
e. Telephone - 312 -325 -9411
2. NAME(S) OF MAJORITY STOCKHOLDERS, OFFICERS & DIRECTORS, PARTNERS, PRINCIPALS:
a. Josh Bentley, Sole Owner
b,
C.
d.
e.
3. INCLUDE A PROPERTY LINE MAP SHOWING EXACT LOCATION OF PROPERTY, NAMES OF
ADJACENT STREETS, AND DIMENSIONS OF PROPERTY.
4. NATURE OF BUSINESS •
a. Briefly describe the project proposal: 120.000 sguuaare foot _ communi
shopping center.
(OVER)
I ":
b. Is the project associated with an existing Maplewood Business?
Yes No 2L. If yes: Relocation Expansion
Rehabilitation -
5. AMOUNT OF CITY FINANCING BEING REQUESTED: $ 5 , 500 , 000.00
6, PURPOSE OF REQUESTED FINANCING:
a. Business purpose to be served.
b. =s��rQ .
7. BUSINESS PROFILE:
a. Number of employees in Maplewood:
Full Time Part Time
Before this project 0 0
After this project 10 0
b. Projected annual sales: $10 to 12 million
0
c. Projected annual payroll: $
- 8. NAMES OF:
a. Financial consultant for the business:
b. Legal counsel for the business: Norbert M. Mindel
c. Corporate counsel:
9. WHAT IS YOUR TARGET DATE FOR:
- a. Construction start: Fall of 1981
b. Construction completion: Summer of 1982
.
B. Re & Development Co.
Name o App1 cant .
nature bf AuW6r ized le p re s eftA ive
P sident
to
September 14, 1981
Date
the following items must be submitted with this application to the Communit y Development
Department:
1 . A $500.00 f i l i n g fee
2. A resolution setting a hearing date
3. An application to the Commissioner of Securities for approval of Municipal
Industrial Revenue Bond project
If you have any questions on items 2 or 3, call the City Clerk, Lucille Aurelius, 770 -4500
x MORTGAGE REVENUE NOTE CRITERIA
Adopted 10 -16-80
A. Definitions
16 Existing Business shall be defined as a presently operating industry or
commercial enterprise with at least one year .of operational history within
the City
20 New Business shall be defined as any industrial or commercial enterprise
which does not qualify as an existing business.
B. Project Eligibility Guidelines
1. The project shall. be compatible with the overall development plans of the
City, including the Comprehensive Plan, Zoning, and Community Design Review
Board Standards
2. The project shall not require a s i gni f i cant amount of public expenditures
for City improvements such as roads, sewers, and watermains
3. The project shall involve an existing business that the City wishes to
expand or a new business which the City wishes to attract:
R a. Existing Business Criteria
Any expansion, relocation, or rehabilitation of an existing business
b. New Business Criteria
1. Offers significant new employment, opportunities, based upon
the nature of the use, on a year around basis, or
2. The project involves the rehabilitation of a vacant or scheduled
to be vacated structure, or
3. The proposed location i s within a designated development or redevelop-
ment target area, and
4. Possesses a low potential for creating pollution.
- 4. The number of businesses of the same general nature in the area of the
proposed project shall be considered in determining the need for commercial
revenue note financing.
5. The note shall be for an issue of not less than $300,000
6, Construction must begin within one year of preliminary approval.
C. Application Processing Guidelines
10 City financing of the project shall be limitel to the issuance of a single
mortgage revenue note, to be marketed as a pr vate placement,
2. Final approval shall not be granted by the City Council until the project
has received approval with respect to zoning, site design, building design,
or platting.
3. The applicant shall sign a memorandum of agreement providing that they
will pay all costs involved i n the legal and fiscal review of the proposed
project and all costs involved i n the issuance of notes to finance the
project.
4. The City reserves the right to deny any application for financing 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 your proposal under City laws and
policies. You may refuse to provide this data. Refusal, however, may jeopardize
approval of your application. The above information will be made public to all
who request it.
2
(City's Letterhead)
Ms. Mary Alice Brophy
Commissioner of Securities
and Real Estate
Minnesota Department of Commerce
Securities Division
Metro Square Building
St. Paul, Minnesota 55101
Re: City of Maplewood -.
Revenue Note of 1981
Project)
Commercial Development
(JSB Realty & Development Co.
Dear Ms. Brophy:
Attached hereto in duplicate is the application of the City
of Maplewood for approval of the above referenced project including a
copy of the Preliminary Resolution adopted by the City Council.
As indicated in the attached Preliminary Resolution, we
believe that this Project fully meets the public purpose requirements
of Minnesota Statutes, Chapter 474. In particular, this J
ro'ect will
P
accomplish an expansion of the community's tax base by addition of
facilities worth more than $5,000,000 and will provide our citizens with
immediate access to a Community Shopping Center. Employment from the
project should result in up to 175 employees. Finally, we believe that
the project will serve the interests of the community by diversifying
the commerical base and would help to dampen the severity of any general
economic downturns.
Reference is made to the Preliminary Resolution for a more
definite statement of the public purposes served by the financing.
The Project does not contain any property to be sold or affixed
or consumed in the production of property for sale, and does not include
any housing facility to be rented or used as a permanent residence.
The City has complied with the notice and hearing requirements
of Minnesota Statutes, Section 474.01, as amended, and agrees it will
comply with the reporting requirements set forth in Minnesota Statutes,
Section 474.01, Subdivision 8. The public hearing was held on
1981 at o'clock P.M. at the City Hall in Maplewood, and
all interested parties were afforded an opportunity to express their views.
We respectfully request your prompt approval of the project under
the provisions of Minnesota Statutes, Chapter 474.
Very truly yours,
CITY OF MAPLEWOOD
By
Its Mayor
CM-00424 -01
Tbb Apisltwtion num be tr �nitbd so Ccmmb r~ In rupitme
STATE of MINNESOTA
DEPARTMENT OF COMMERCE — SECURITIES DIVISION
APPLICATION
FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT
Date Septenber 21. 1981
To:
Minnesota Department of Commerce
Securities Division
500 Metro Square Building
St. Paul, Minnesota 55101
• The governing body of Ma lewood , County, Rano
Minnesota nnesota, h` rEb y ey ---- •
Y apP.ies to the Lornmissioner of the St ate oT n��inr�e"sot,, Sa,;uri'%, e3 of the
Department of Commerce, for approval of this community's proposed municipal n '
Y P p I Revenue
Bond Issue, as required by Section 1, Subdivision 7, Chapter 474 Minnesota Statutes.
We have entered into preliminary discussions with:
F J.S.B. ReaLty & Develqgnent an
ADDRESS P.O. BOX 1221
CITY Oak Brook STATE Il i r► ; 60521
flan nation
State of 4marfosnkn. TIn
Attorney Stuart r irumey (Ful ler0irmey) A&Irm 7 1 .
1 �" �n�� ton , M rirn .
N ame of Project Nap le Ride Mall 55431
This firs engaged primarily n (nature of busin f - -
Y ess) . o _ C tart mini �, e
centers,
The funds received from the sale of the Industrial Revenue Bonds will �� used to (general n project) atu re of
Construct a car, Mzlity sh
PPPIMcenter.
It wi be located in Ma lewood
The total bond issue will be approximately 11 5500 , 000 to be a lied toward
costs now estimated as follows:
— � PP payment of
Cost Item
Land Acquisition and Site Development
Construction Contracts
Equipment. Acquisition and Installation
Architectural and Engineering Fees
Legal Fees
Interest during Construction
Initial Bond Reserve
Contingencies
Bond Discount
Other
Amount
$ 1.,807.000
2,311,
/
5L.
K. 111
1-4 1 1 now
1
2 00 IN 1111 um
/
111
RESOLUTION RELATING TO A PROJECT UNDER THE
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
CALLING FOR A PUBLIC HEARING THEREON
BE IT RESOLVED by the City Council of the City f Maplewood, '
Y p wood, Minnesota, as
follows:
SECTION 1
RECITALS
1.1) The City is authorized by Minnesota Statutes
to issue its industrial de , Chapter 474 (the Act) ,
development revenue bonds to finance capital ro ' ects
connection with a revenue producing
consisting of properties used and useful in P
enterprise.
1.2) A proposal has been presented to this Council
1 that the cit acting
pursuant to and in accordance with the Act, issue its industrial de
revenue ,bonds in the .form of a single development
g debt instrument (the Note) in the estimated
total amount of $ to finance a ro • ec
p � t on behalf of JSB Realty & Develop-
ment Company (the Applicant) , consisting generally f the
improvement of the Land and the Y acquisition of land, the
construction o f a shopping center facility approxi-
mately 120,000 square feet in size (herein referred
rred to as Project),
.
1.3) Under that Act, the Note so issued b the
ed upon Y City shall not be payable
from nor char
g any funds of the City other than the revenue led ed to
the payment thereof, nor shall the City subject P g
be sub ' t to any liability thereon, and
no holder or holders of the Note shall ever have the right
over of the ght to compel any exercise
of the taxing P e City to pay the Note or the interest thereon. The Note
shall not constitute a charge, lien or encumbrance le •
nor � gal or equitable , upon any
property of the City Y, shall the same constitute a debt of the City ithin the
limi
meaning of any constitutional or limit Y
SECTION 2
PUBLIC HEARING
2.1) Section 474.01, Subdivision 7b of the Act re •
quires that prior to submission
of any application to the Minnesota Commissioner of Securities requesting approval
of the Project as required by Section 474.0 •
1, Subdivision 7a of the Act, this Council
shall conduct a public hearing on the proposal to and •
P undertake and finance the Project.
Pursuant to that section
a public hearing on the proposal to undertake and finance
the Project is called and shall be held on
1981, at 01 clock P.M.
at the City Hall in the City of Maplewood, Minnesota.
2.2) The City Clerk shall cause notice of the u •
public hearing to be published
in the official newspaper of the City and a newspaper spaper of general circulation of the
City at least once not less than fifteen (15) nor more than thirty 0 days Y � ) y prior
to the date fixed for the hearing, such notice to be in substantially the form
attached hereto.
2.3) A draft copy of the proposed application to the Minnesota '
Commissioner
of Securities, together with all attachments and exhibits thereto shall
Clerk � all be placed
on file with the City prior to publication of the notice of public hearing
and be available for public inspection, following he publication g p of the notice of
Public hearing, between the hours of 8:00 o'clock A.M. and 4:30 o'clock P
.Monday through Friday .
Adopted by the City Council of the City f M y p ood, Minnesota, this
day of , 1981.
MAYOR
ATTEST:
CITY CLERK
2,
CITY OF MAPLEWOOD, MINNESOTA
NOTICE OF PUBLIC HEARING ON A PROPOSAL
TO UNDERTAKE AND FINANCE A PROJECT
UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
MINNESOTA STATUTES, CHAPTER 474, AS AMENDED
NOTICE; IS HEREBY GIVEN that the City Council of the City
of Maplewood at
Minnesota, will meet on
o'clock p.m. in the City Hall, in Maplewood, Minn e- purpose of conducting p -
sota , for the
e
P P uct ing a public hearing on a pro.
posa 1 that the City issue indus tr is 1 revenue notes in t
single debt in he form
of a s
• g instrument t ( the Note) , under the Municipal In-
dustrial Development Act, Minnesota Statutes Chapter 474, as
amended ( the Act) , in order to finance a ortion of t
within t p he cost of
a
project he meaning of the Act. The proposed project
will generally consist of the acquisition ' n
q ition and improvement of
land and the construction of a 120,000 s . f t, community
ping.. center in the n q co unity shop
northwest quadrant of Gervais Avenue and
White Bear Avenue, City of Maplewood The •
p e facility will be
owned by JSB Realty & Development Company, Oakbrook Illinois
whQ has made the proposal. The estimated principal ' '
they: Note to be i amount of
issued to finance the project is $5,500,000.
The Note shall be a limited obligation of the City y and the
principal and interest es t thereon shall be payable solely from the
revenues of the project pledged to the payment thereof. The
payment • of -the Note may be secured by a mortgage and other -
cur i ty interests in the r se
project properties. No holder of the
Note shall have the right to compel an exercise of t '
power of the City y he taxing
y o pay the Note or the interest thereon, nor
to enforce payment against any property f the City,
y.
A draft copy of the proposed application to the Minnesota
Commissioner of Securities for approval of the project, to-
gether with all attachments and exhibits thereto i '
- inspection in s available
for public ins
P the City Clerk's office in the City
Hall, in Maplewood, Minnesota, on business , da s b
y etween the
hours
a.m. and I p. m.
All persons interested may appear at the ublic hearing
g
and express their views with respect to the proposal to under-
take and finance the project.
DATED: By Order of the City Council
cil
City Clerk
1 .
M E M 0 R A N D U M
TO CITY MANAGER
FROM: CITY CLERK
,REGARDING: ESTABLISH HEARING DATE - REVENUE NOTE - MAPLEWOOD DENTAL SPECIALTIES
.DATE: SEPTEMBER 25, 1981
Maplewood Dental Specialties has submitted an application for a $800,000.00
Revenue Note to construct a Dental Office buildin at the Northeast corner of
11th Avenue and White Bear Avenue. The association had applied and received
approval of a $300,000 Revenue Note previousl
A.hearin date of November 5 is recommended.
E_y
D
a
M.
1
•
•
1
APPLICATION/AGREEMENT
FOR TAX EXEMPT
MORTGAGE REVENUE NOTE FINANCING
This Agreement is hereby entered into between the City of Maplewood,
M innesota, hereinafter called the "City" and Maple Dental S ecialt ie
S
hereinafter called the "applicant". _
The applicant is requesting financing for a development rent ro ' c
. p project t and
desires that the City issue notes according to the terms of the M u n i c i p a l
Industrial Development Act of 1967 as amended. In order for the application
to be considered by the City, the applicant hereby agrees to pay all costs
involved in the legal and ro fiscal review of the proposed project P p p t and all costs
i nvolved i n - t h e i s s u a n c e of s a i d notes to finance the project.
.It is further agreed and understood that the City reserves the a right to
den: n application i ca ti on for financing � • 9
y . y pp i nand ng i n any stage of the proceeds ngs prior to
adopting the resolution authorizing the i ssuance of notes.
1. APPLICANT:
a. Business
b. Business
c. Business
d. Authori z
Name - ;Maplewood Dental Specialties
Address - 1812 Forth St. Paul Road, Maplewood, MIS 55109
P ,
Form (corporation, partnership, sole proprietorship, etc.)
Partnership
ed Representative - Robert L_ _ T p n Qpn
e. Telephone - 770 - 3014
Z. NAME(S) OF MAJORITY. STOCKHOLDERS, OFFICERS & DIRECTORS, PARTNERS, PRINCIPALS:
a. Jane Hermes Jensen
b. Robert L. Jensen
C. Dennis M. McMahon
d. Walter B. Parsons
e .
3. INCLUDE A PROPERTY LINE MAP SHOWING EXACT LOCATION OF PROPERTY, NAMES OF
ADJACENT STREETS, AND DIMENSIONS OF PROPERTY,
4, NATURE OF BUSINESS
a. Briefly describe the project proposal Professional office b u i l d i n g for
the dental s pecialty practices of endodontic orthodontics, and perio
-. dgntics. Additional office space will be available for lease.
(OVER)
•
b. Is the project associated with an existing Maplewood Busi
Yes x No I f yes: Relocati Expansion
Rehabili totion
S. AMOUNT OF CITY FINANCING BEING REQUESTED: $ 800, 000.
6• PURPOSE OF REQUESTED FINANCING:
a. Business purpose to be served Dental servi
b. Public purpose to be served Dental services
7. BUSINESS PROFILE:
a. Number of employees in Maplewood:
Full Time Part Time
Before this project _ 9 6
After this project 17 11
b. Projected annual sales: 780 0
� oo.00
c. Projected annual .payroll: $ 19o,000.00
8. NAMES OF:
a. Financial consultant for the business First Corporate Services, Inc.
b. Legal counsel for the business: Briggs and Morgan
c. Corporate counsel
9.. WHAT IS YOUR TARGET DATE FOR:
a. Construction start: December , ' 1981
b. Construction completion June, 1982
Maplewood Dental Specialties
Name of Appl mart
Signature of AtrtJZ Representative
i"
General Partner
Title
September 16, 1981
Date
the following items must be submitted with this application to the Communit y Development
ment
Department:
1. A $500.00 filing fee
2. A resolution setting a hearing date
3. An application to the Commissioner of Securities fora ap of Munic
PP
Industrial Revenue Bond project
If you have any questions on items 2 or 3, call the Cit y Clerk Lucille Aurelius 770 -4500
MORTGAGE REVENUE NOTE CRITERIA
Adopted 10 -16-80
A. Def i ni ti ons
1. Existing Business shall be defined as a presently operating industry or
commerce al enterprise with at least one year of operational history within
the City
2, New Business shall be defined as any industrial or commercial enterprise
which does not qualify as an existing business.
B. Project Eligibility Guidelines
7. The project shall be compatible with the overall development laps of th
P p e
City, including the Comprehensive P l a n , Zoning, and Community Design Review
Board Standards
2 The project shall not require a s i g n i f i c a n t amount of public expenditures
for City improvements such as roads, sewers, 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 wishes to attract:
a. Existing Business Criteria
Any expansion, relocation, or rehabilitation of an existing business
b. New Business Criteria
1 . Offers s i g n i f i c a n t new employment, opportunities, based upon
the nature of the use, on a year around basis, or
2. The project involves the rehabilitation of a vacant or scheduled
to be vacated structure, or
3. The proposed location is within a designated development or redevelop -
ment target area, and
4. Possesses a low potential for creating pollution.
4. The number of businesses of the same general nature in the area of the
proposed project shall be considered in determining the need for conmerc.i a 1
revenue note financing.
3. The note shall be for an issue of not less than $300,000
60 Construction must begin within one year of preliminary approval,
C. Application Processing Guidelines
10 City financing of the project shall be limited to the issuance of a single
mortgage revenue note, to be marketed as a provate placement,
2. Final approval shall not be granted by the City Council until the project
has received approval with respect to zoning, site design, building design,
or platting.
3. The applicant shall sign a memorandum of agreement providing that they
will pay all costs involved in the legal and fiscal review of the proposed
project and all costs involved in the issuance of notes to finance the
project.
4. The City reserves the right to deny any application for financing 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 your proposal under City laws and
policies. You may refuse to provide this data. Refusal, however, may jeopardize
approval of your application. The above information will be made public to all
who request it,
STATE OF MINNESOTA
DEPARTMENT OF COMMERCE - SECURITIES DIVISION
APPLICATION
FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT
To:
Minnesota Department of Commerce
Securities Division
500 Metro Square Building
St. Paul, Minnesota 55101
Date
The governing body of Maplewood County of Ramsev
Minnesota, hereby applies to the Commissioner of the State of innesota,
Securities Division of the Department of Commerce, for approval of this com-
munity's proposed municipal Industrial Revenue Bond Issue, as required by
Section 1, Subdivision 7, Chapter 474, Minnesota Statutes.
We have entered into preliminary discussions with:
FIRM Maplewood Dental Specialties
ADDRESS 1812 North St. Paul Road
CITY Ma lewood STATE Mi nnesota 55109
Partnershi
State of e so
2200 First Natl. Bnk. Bldg.
Attorne y Mary Ip el - Brig Address St. Paul,_ MN 55101
and Morgan
Name of Project Maplewood Dental Specialties
This firm is engaged primarily in (nature of business) : Providing
dental se rvices
The funds received from the sale of the Industrial Revenue Bonds will be
used to (general nature of project) : Acquire land and construnt any
equip a dental clinic.
It will be located in Maplewood
The total bond issue will be approximately $ 800,000 to be
applied toward payment of costs now estimated as follows:
Cost Item
Land Acquisition and Site Development.
Construction Contracts
Equipment Acquisition and Installation
Architectural and Engineering Fees
Legal Fees
Interest during Construction
Initial Bond Reserve
Contingencies
Bond Discount
Other
Amount
$ 150,000.00
450,000.00
140,000 _00 ,
15,000000
15,000.00
20,000.00
l0 r000*00
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNEC'T'ION 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-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
..chronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
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 Maplewood Dental Specialties, a
Minnesota general partnership (the "Company ") a proposal that
the City assist in financing a Project hereinafter described,
through the issuance of a Revenue Bond or Bonds or a Revenue
Note or Notes hereinafter referred to in this resolution as
"Revenue Bonds" 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 help
maintain a positive relationship between assessed valuation and
debt and enhance the image and reputation of the community;
(e) Company is currently engaged in the
business of providing dental services. The Project to be
financed by the Revenue Bonds is a dental clinic facility to be
located in the City and possibly leased to various parties and
consists of the acquisition of land and the construction of
buildings and improvements thereon and the installation of
equipment therein, and will result in the employment of 25
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 , 1981, a public .hearing on the
Project was held on , 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 acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Revenue Bonds in the total
principal amount of approximately $800,000 to be issued
pursuant to the Act to finance the acquisition, construction
and equipping of the Project; and said agreement ,may also
provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance 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 en-
gaged in any business within the meaning of Subdivision la of
Section 474902 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 the City and
eventually to increase the tax base of the community;
39 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 Revenue Bonds as to
the ultimate 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 ap-
proval, 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;
6. Briggs and Morgan, Professional Association, acting as
bond counsel, and First Corporate Services, Inc., are
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 Revenue Bonds as to
the maturities, interest rates and other terms and provisions
of the Revenue Bonds and as to the covenants and other
provisions of the necessary documents and to submit such
documents to the Council for final approval;
70 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 Revenue Bonds 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 Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the Revenue Bonds or the
interest thereon, or to enforce payment thereof against any
Y
property of the City. The Revenue Bonds shall recite in
substance that the Revenue Bonds, including interest thereon,
is payable solely from the revenue and proceeds pledged to the
payment thereof. The Revenue Bonds shall not constitute 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 Revenue
Bonds 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
Revenue Bonds as Company considers necessary, including the use
of interim, short -term financing, subject to reimbursement from
the proceeds of the Revenue Bonds if and when delivered but
otherwise without liability on the part of the City.
a �
Adopted by the City Council of the City of Maplewood,
Minnesota, this day of , 19810
Mayor -- - - - - --
Attest:
City Clerk
o
i
I
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MA.PLEWOOD
I, the undersigned, being the duly qualified and
acting Clerk of the City of Maplewood, Minnesota, DO HEREBY
CERTIFY that I have compared the attached and foregoing extract
of ininutes 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 1981.
City Clerk
(SEAL)
NOTICE OF PUBLIC HEARING.
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
To whom it may concern:
Notice is hereby given that the City Council of the
City of Maplewood, Minnesota will meet at the City all i
y n the
City of Maplewood, Minnesota at P . M . on
1981 to consider the proposal of Maplewood Dental S eci.alties
P
that the City assist in financing project hereinafter
described by the issuance of industrial development revenue
ue
bonds.
Description of Project
Acquisition of land and the construction and
equipping of an approximately 7.,000 square
foot dental clinic to be located on White
Bear Avenue at the Northeast corner of White
Bear Avenue and 11th Avenue within the City
or Maplewood, Minnesota,
The estimated principal amount of bonds or other
obligations to be issued to finance this P roject is $800,000.
Said bonds or other obligations if and when issued
will not constitute a charge, lien or encumbrance upon an
p y
property of the City except the project and such bonds or
obligations will not be a charge against the City's s e
5 g y general
credit or taxing powers but are payable from sums to be paid
pursuant to a revenue agreement.
A draft copy of the proposed application to the
Commissioner of Securities, State of Minnesota, for a 'roval of
PP
the project, together with all attachments and exhibits
thereto, is available for public inspection beginning
, 1981, from A.M. to P.M. , Monday
through Friday, at' the City Hall.
At t }le time and place fixed •
- for said Public Hearin
the City Council of th City of Maplewood will g ive a o
who appear at the hear in an o 11 persons
g pportunity to express-the'
with respect to the proposal �r dews
.
Dated . this y day of
1981.
(BY ORDER OF THE CITY. COUNCIL)
$Y Is/ Lucille Aur •
elzus
City Clerk
ROBERT L. JENSEN, D.D.S., M.S.D.
h
JANE HERMES JENSEN, D.D.S., M.S.D.
SPECIALISTS IN PERIODONTICS
MAPLEWOOD OFFICE
MAPLEWOOD MEDICAL & PROFESSIONAL BLDG.
(Side Entrance)
1812 NORTH ST. PAUL ROAD
MAPLEWOOD, MINNESOTA 55109
TELEPHONE: 770 -3014
August 12, 1981
City Council of Maplewood
City Hall
1380 Frost Avenue
Maplewood, MN 55109
STILLWATER OFFICE
13961 NORTH 60th STREET
STILLWATER, MINNESOTA 55082
TELEPHONE: 439 -8032
Re: Proposed $800, Development 000 Commercial Develo
of 1981 of the City of Maplewood (Maplewood Dental
Specialties Project)
Gentlemen:
As you know, we are involved in the development . P of a dental
clinic to be located on
property in the Cit of Maplewood.
The purpose of this letter is to u
re est that t the City of
Maplewood undertake to
authorize municipal revenue bond
financing of all or a portion of the ro'
al Indust P sect in accordance
with the Municipal Industrial Development Act of the State
of Minnesota.
Attached is a form of proposed preliminary
bond counsel Bri s y res olution which
gg and Morgan, has advised us should be ado ted
if the City Council should elect to authorize
orize such financing.
We hereby confirm our representation that we a have no present
binding financing commitment, no general contract, nor an
egad obligation to undertake the proposed r • i
,Y
legal P project, and it s
not certain the project would be undertaken without
assistance requested herein, the
We have heretofore agreed and do hereby reaffirm •
y firm that we will
pay any and all costs mutually agreed upon in advanced that
are incurred by the City in connection with
the project whether
or not the project is completed and whether or not '
is ultimately financed b the project
y the City under the Municipal
Industrial Development Act. In this regard g we understand that
though we are liable for the fees of the City's attorney
will continue t
and its bond counsel, they o owe o fiduciary
i ary
obligation solely to the City with respect to all services
rendered in connection with this proposal.
Very truly yours,
B
En
Maplewood Dental Specialties
i g Soo"
MEMORANDUM
TO City Manager
FROM: Finance Director J 'i
RE Budget Transfer - Cable Communications Commission
DATE: September 22, 1981
On January 8, 1981 the City Council approved a joint powers agreement which
established the Ramsey /Washington Counties Suburban Communications Commission.
On March 5, 1981 the City Council approved a $1,000 budget transfer to finance
the initial costs for this commission. At this time a second budget g t transfer
of $1,000 from the General Fund contingency account is needed to finance a
bill received on September 21st for the "second half fee for 1981"
Budget
transfers for cable T.V, probably will not be needed in 1982 as $3,000 has
been included in the budget for this purpose.
Approval of the above budget transfer is recommended.
Ac by COunci ?
D �._.....�.�
E_6
TO : City Manager
FROM: Public Works Director &
RE : Southlawn Improvements -
DATE: September 22, 1981
MEMORANDUM
Finance Director
In -House Engineering Charges
PROPOSAL
It is proposed that a transfer of approximately •
pp mately $6,700 be authorized
from the Special Assessment Fund to the General Fund f '
or in -house
engineering and administrative charges on the Southlawn Improvement
RA r..V r,R 0 TTNT1
Annual transfers from construction projects to the General Fund ar
made at the end of each year for in -house en e
engineering •
g ring and administrative
overhead based upon policies adopted by the City ouncil as outlined y tuned in
Exhibit A. Due to time limits
involved with the H.U.D. Community Develop-
ment Block Grants that financed the Southlawn Project the in-house
house
engineering and administrative charges for this project must be
now rather than at year end. processed
In -house engineering for this project have been computed as follows:
P
$193
x 18.5%
x 1.5
53,804.89
43,746.66
10,058.23
- 5,293.00
$ 4,765.23
Project construction costs
Engineering rate
Difficulty factor
Gross engineering cost
Estimated outside engineering costs
Estimated in -house engineering
1979 and 1980 transfers
1981,es.timated transfer
The above 1981 estimated transfer is based upon estimated outside engineering
g peering
costs. After all bills are received, the transfer amount may need to be
adjusted. The administrative cost for this project is $1 938991 1% x
$193
RECOMMENDATION
It is recommended that the Council authorize a transfer of approximatel
PP y
$6,700 from the Special Assessment Fund to the General Fund for in-
house
engineering and administrative charges on the Southlawn Improvement Project
(subject to adjustment based upon actual costs).
Action by Council:
i Cdi'_�c.._.
t. o a
c-,,.-*) e C;� Date
FORMULA
L'.Xfl 1 D1 l
Pol icy for Computa of Engineering neeri n & Admi ' •
.. g n�st.���t�ve
Costs for ConStrUC0 Projects
(Per Resolutions 73 -12 -295 and 77 -1 -15
City Project
Costs Construction x F t% En g.
9
Costs \� Costs
+ Project
Construction Costs
Difficult - Pa �
x y Pa yments
y
Factor Outside Enq.
x % Adm. Costs
DEFINITION OF TERMS
Project Co Co Actual or estimated costs b the rime contract
nle���enta� � y p or,
su
p, ty c ont ra ctors, or day labor costs for construction of the ilnprove-
ment authorized.
Enginee Costs 0 The percent used is based upon rates chat i - ed by private
engineering firms and s a function of the pro ject construction costs accord -
i ng to the following table:
Construction Cost Ranqe
0 - $ 500
501,000 - $1,000,000
$1 , 001 ,000 - $2 ,000,000
.2,001,000 - $•x,000,000
Basic Services
500
500,000 -
(Feasibility &
Design)
1
1,500,000 -
Per Exhibit B
Survey
V
Inspection
R.0.14
8.5
2%
8%
1
6:5/
2/
8%
1%
6.0%
2/
8%
1/
5.5%
2/
8%
1/
Total
Eng.
Costs
19.5%
17.5%
17.0;
16.5/
Difficulty Factor Difficulty factors shall be assig b the Ci e
9 y y 9
to each project ranging from .5 to 2.0, by .25 increments, in relation to the
amount of time spent by department personnel on such project and the
difficulty of such in relation to all City Projects.
Pay ments for Outside Engineerina Actual or estimated painents to an engineer-
ing firm engaged to design, prepare plans, inspect, or in any other fashion
oversee the general scope of the project. Not included in such are speciality
engineering costs such as land surveys, specific testing procedures, other
governmental engineering services overseeing the City's engineers, or other
special or non-typical services.
% Administrative _ Costs: The percent used is a function of the project con-
struction costs according to the foll table:
Construction Cos Range
0 -
500
500,000 -
1,000
1,000,000 -
1
1,500,000 -
2,000
2 -.
2,500,000
2,500
- 3,000,000
Adm. Costs
1.0%
.9Z
.8%
3%
.6%
5%
MEMORANDUM
To: Barr Evans Ci M
. y y a Wage r
From. Robert D. Odegard, Director of Community S -'
.Subject: Acceptance of Con y ervi ces ,
p Contribution on from Lions Club
Date: September 23, 1981
Our department is in receipt of two checks totaling
� ng $300.00
from the North Maplewood Lions Club Project Fund. The have
requested that this money e y
y used to install protective fenc-
i ng along the spectator side of th softball fields.
I recommend that we accept the funds and 1 ace them i
p n an ac -
count for protective fencing along the area in front of
the
spectator seating on our softball field. It is recommended
a letter of thanks be sent to the North Maplewood Lions ons C1 ub.
Enclosed is a copy of the letter requesting the designation
of funds, q g gnats on
19 NORTH MAPLEWOOD
1 0
U N RNATIONAL
�;.
LIBERTY INTELLIGENCE
CLUB MEETINGS ARE HELD
ON 1ST AND 3RD MONDAYS £� E
1,310 FROST AVE. (AT ENGLISH)
MAPLEWOOD, MN 55109
PHONE: 771 -9830
O + NATIONS + SAFETY
CHARTER PRESENTATION:
MAY 9
Sept 8, 1981
City of Maplewood
Of f ice Of Community Services
Robert Odegard Director
1380 Frost Ave
Maplewood, Minn* 55149
Dear Mr Odegard,
On behalf of the 11orth Maplewood Lions Club I wish
to thank your depattment
on the tremendous cooperation that was given us this last June when we held
our softball tournament at Goodrich ball fields.
Altho the weatherman did not cooperate with us we felt our tournament was
succes and will be having it again next year.
if Tony Barilla Jr. did not reserve the fields for next ar Itm asking ng that
you consider letting us use them again The exact date as far as I know has
not been set
Enclosed are two checks totaling $300.00. We are requesting hat this mon
y
be used to Install pibt ect ive fenc along the spectators s ide of the fields
We know that this money will not be enough to do this at all the fields but
we would like to see as many as posible have this fencing installed
Thank you again for your cooperation
ours i �I1 .oni�m
Jos ph J. Moos
Corresponding Seo••Treaa
9
y
MEMORANDUM
TO: City Manager
FROM Director of Public ublic Works
DATE September P 24, 1981
S EASEMENT PAYMENT
Attached is a letter from the City Attorney's office recommending
payment for acquisition of an easement
for a completed construction
project. Due to an oversight the e easement was not acquired during
construction of Project 75 -160
-*It is recommended the City Council •
Y cll authorize payment of $1,100
00
for the subject easement.
/mb
e
LAIS, BANNIGAN & GIR
ESi, P. A.
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
s
5TH AND CEDAR
SAINT PAUL. MINNESOTA '55101
DONALD L. LAIS
JOHN F, BANNIGAN. -JR AREA CODE
612
.JI =F30ME D. CIRESI
PATRICK J KELLY September 18 1981 224 -3781
Mr. Walter M. Geissler
C/o Maplewood Engineering Department
epartment
1902 East County Road B
Maplewood, Minnesota 55109
Re: Maplewood Project No
75 -16
Easement with Alice A. Sether
471 Ro s e l awn Avenue
Our File No. 4 218
Dear Walt:
.Enclosed find a copy of a letter dated September 16, 1981 over
the signature of Willard L, Converse, attorney for Mrs. Alice
A, Sether.
The proposed settlement contained '
In said letter is fair and
reasonable and we recommend that the City ty cause its check in the
amount of $1,100 to be
issued payable to Lais Bann' •
P.A. Trust Account for distribution igan & Clresl,
the $900 for the easement n this regards . Frankly,
ement and an additional $200 y '
attorney fees, appraisal fees o whether for
r damages by virtue of tres ass
are very reasonable, p
,Again, when we receive your check a '
to obtain that permanent s Indicated, we will proceed
p ent easement .
Sincerely,
LAIS - NNI A CIRESI , P ,A,
t
Jo F. Bannigan, Jr.
s
JFB /me
Enc.
Y
Z
I VE D
E
SEP 21 1981
CJI v Or MIAPLEWOO
ENGINEERING OFrFlC
r
R
U
LAW OFFICES OF
P ETERSON. BELL & CONVERSE
1600 AMERICAN NATIONAL BANK BUILDING
101 EAST FIFTH STREET
ST. PAUL. MINNESOTA 55101
224 -4703 ( 612 )
ERWIN A. PETERSON
ROBERT C. BELL
WILLARD L. CONVERSE
ROGER A. JENSEN
KURT F. WALTHER
W. TIMOTHY MALCHOW
MARTIN J. COSTELLO
September 16, 1981
DAVID S. ANDERSON
JAMES C. ERICKSON
WILLIAM M. DRINANE
Mr. John F. Bannigan , Jr.
Attorney at Law
Lais , Bannigan & Ciresi , P.A.
409 Midwest Federal Bldg.
St. Paul, MN 55101
RE: Mrs. Alice A. Sether
Your File 4218 B
Our File K7 --460
Dear John:
As you can imagine, Mrs. Sether was not pleased with the
knowledge that the City has taken easement possession without
her knowledge. The amount involved would not make it worthwhile
for Mrs. Sether to retain her own appraiser and so I've
advised her to accept the $900 because it appears to me to
be a reasonable figure. However, Mrs. Sether does not feel
that she should have to pay attorney's fees out of that $900
and given the peculiar circumstances, I agree with her.
Thus, if the City agrees to a total sum of $1,100 ( $200 for
attorney's fees) then the easement is acceptable. If that
meets with the City's approval, send me the easement and
I'll have it signed, acknowledged and sent back to Y ou.
Yours very truly,
PETERSON, BELL & CONVERSE
Willard L. Converse'
wLC /ao
s�z 0
9
MEMORANDUM
TO' er City Manager
g
FROM: Assistant City Engineer
DATE: September 24
1981
SUBJECT: ENGLISH STREET
STREET & UTILITY IMPROVEMENT
PROJECT NO , 79 -4
SUPPLEMENTAL AGREEMENT NO.
2
. 0n 1 ) �, u
During construction operations
extra work has been performed
which is considered additional
to the work contemplated under
the original contract with Richar
d Knutson, Inc.
The force account work erformed
is as folio ws: P under Change Order No, 2
l• During installation of t •
he utilities, remnants of
a former dump site, co
nsistin of •
wood and glass was g car bodies,. tires,
discovered within the ro osed
` roadway limits, The Contractor P P
was advised to remove
and dispose of the material and then
granular .soils to backf' use inplace
111 the trenches. The cost
of the excavation, hauling nd disposing g isposing of the
material result in an increa5e of $2,400.00.
2• The St. Paul Water Utiliti
• ties, under an agreement
With the City ty o f Map 1 ewood in s
services wit � tails the water
within the right -of -way, for waterm
extensions. In order for St, Pau a1n
periodic main 1 to perform
maintenance on services, the Water Utili
corporation, 11ty
requires that the cor and c P ion, copper piping, curb
stop curb box be installed by their own
with the City's Contractor assi with
cavation and ba sting in the ex-
ckfi.11ing
The English Street improvement had •
d 14 such services
of which St. Pa ul made the installations. The
Maplewood inspector reviewed the se rvices ervlces shortly
after construction and
determined that two of the
services within the cul -de -sac were
siderably short of t installed con
th line. St. Paul
claimed no responsibility nd i
Contractor mad the mistake. Subsequent meeti
q t ngs
resulted in St.' Paul lengthening the lines.
Shortly after the completion of t •
he utilities the
St. Paul inspector advised the City that 8 of the
services must be relaid due to incorrect depth of
cover. St. Paul was again contacted with respect
to their responsibility and refused
ed to relay the
lines at their expense,
Communications with St. Paul aul did not provide
results, consequently, we ordered the Cit '
contractor to relay the worst s
under force st services (si
account work to expedite the c
pletion of the remainder of the om-
e project.
The cost of the work
associated with the adjustment
water services is $1,320.00 to the
The total increase to the contract amount as a result o
e f the
work involved with Change Order No. 2 is $3,720.00.
DJP /mn
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS , the City Council Of
has heretofore o rdere Maplewood, Minnesota
has d Improvement Pro ' ec
let a construction contra- � t No- 7.9 -4 and
t contract therefore pursuant to Statutes, Chapter er 4 2 9 , Minnesota
necessary and expedient that _sai
AND WHEREAS, it is now d
Contract Am de signated provement Pr '
contract be modified and d as Im
Amendment #2
o�ect 79 - 4,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA
that the Mayor and Ci t Cler
authorized and directed y k are hereby
to modify the existin contract
executing said Contract Amendment #2 g act by
,
ti
RICHARD KNUTSON, INC.
201 TRAVELERS TRAIL
BURNSVILLE, MINNESOTA 55337
612/890 - 8811
TO G�T� DF /KQ G✓aoe
902 E'Atr �o v�v ,{fir �
4 ?R�L
GENTLEMEN:
WE ARE SENDING YOU
• Shop drawings
• Copy of letter
COPIES GATE NO.
4 C/-/ 77— oW
DESCRIPTION
��NGE oleOF12 ND . 7_
THESE ARE TRANSMITTED as checked below:
• For approval
• For your use
0 As requested
0 For review and comment
0 FOR BIDS DUE
0 Approved as submitted 0 Resubmit---.copies for approval
0 Approved as noted ❑ Submit copies for distribution
0 Returned for corrections - D Return corrected. prints
19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
ILIEUVIEM OXF
El Attached D Under separate cover via the following items:
D Prints ❑ Plans D Samples 0 Specifications
Change order ❑ -
CHANGE ORDER
DEPARTMENT OF PUBLIC WORKS
MAPLEWOOD, MINNESOTA
St. Paul, Minn. September 8 19 81 Change
Project No. 79 -4 Order N o •2
To Richard Knutson In
corporated :
for English Street - Street and '
Utility Improvement
for The City of Map lewood, '
P d, rlinnesota
You are hereby directed to make the •
.. e following change to our con
October Y tract dated
3,
,19� 80 The change and the
work affected thereby is sub ' ec
to all contract stipulations and c � t
covenants, This Change Order will
(increase) (H &d -N4XXx } (n6Xx
. ) the contract sum b T _
Y T Thousand Seven
Hundred, Twent �OQ /100 Dollars
$ 3,720.00
The . extra work ordered, as art • s Change Order, is that
associated with P of this •
h the following l l owing items : which i s
1. Excavation, hauling n '
g d disposal of debris discover •
roadway area of English Street, ed within the
400 C.Y. @ $6.00 /C. Y........ .
.... ......................$2,400.00
2. The excavation and relaying
Paul Water Y g of water services mislaid b
Utilities, y the S t.
15 hours @ $08-00/hour c •
(crew time ) ..................
,...$1,320.00
Total $ 3 , 72 0.0 0
Amount of original contract
Additions approved to date
Deductions approved to date
Contract amount to date
Amount of this Change Order
Revised Contract Amount
(Nos. 1 }
(Nos,, -
}
(Add)
Approved
Date Mayor
Approve C
Co ra or
Date_ .- 21 ... g�
$ 1 02,795.45
$ 4,400.00
$ 0.00
$ 107,195.45
$ 3,720.00
$ 111,915.45
Approved
D °� � �j 18 I ngineer ate �-'
• CHANGE ORDER
DEPARTMENT OF PUBLIC WORKS
MAPLEWOOD, MINNESOTA
St. Paul, Minn. September 8 19 g Change
1 Project No- - 79-4 Order e No. 2
To Richard Knutson, Incorporated
p ed
a
for English Street - Street
t and Utility Improvement
for The City of Maplewood, ewoo '
p d, Minnesota
You are hereby directed to make the
e following change to your contra
October 3, ct dated
,19�� 80 The change and the work affected thereby is subject
ect
to all contract stipulations and c �
covenants. This Change Order will
(increase) (n6Xx
) the contract sum b Three ee Thousand Seven
Hundred, Twenty '00 /100 Dollars
$ 3,720.00
The .extra work ordered, as art ' s Change Order, is that which
associated with P of this
h the following items: ich 1s
1. Excavation, hauling nd disposal •
a g posal of debris discovered within
Y area of English Street.
n the
roadwa
400 C.Y. @ $ /C.Y..... ....... . ......................$2,400.00
2. The excavation and relaying of water services mislaid
Paul Water Utilities. by the St
15 hours @ $ /hour cr '
C ew time) 2
Total $3,720.00
Amount of original contract
$ 102,795.45
Additions approved to date (Nos. 1
� $ 414.00000
Deductions approved to date (Nos. -
�
Contract amount to date 0100
$ .5
Amount of this Change Order (Add) D $ 107,19.45
Revised Contract Amount 720.00:
$ 111,915.45
Approved
Date Mayor
Approve
Co ract r
Date �S4
Approved� Q�E��.
ngineer
Date
Y C
MEMORANDUM
io
TO: City Manager
FROM: Director of Public Works
DATE: September 24, 1981
SUBJECT: SUPPLEMENTAL AGREEMENT — FROST AVENUE
PROJECT 78-9
Attached is Supplemental Agreement No. 8 for Project 78 -9.
Ramsey County has been handling this portion of the project
through an agreement with the City.
The contractor's claim for extra work is due to a conflict
between the watermain and storm sewer. The claim of $1,763.53
is justified for the work. performed by the contractor,
It is recommended the City Council authorize the City Engineer
gineer
to approve Supplemental Agreement No. 8 in the amount of
$1,763.53.
KGH /mn
Action by
E ndo , A
� ` lfl o w
s r
.�
MSEY CO UNTY
Ramsey County
DEPARTMENT OF PUBLIC WORKS
3377 North Rice Street
Saint Paul, Minnesota 55112
(612) 484 -9104
September 15, 1981
Mr. Kenneth Haider
Director of Public Works
Ci ty of Maplewood
190.2 East County Road B
Maplewood, Minnesota 55109
Supplemental Agreement No. 8
Frost Avenue /Frost Avenue Connection
-S . A. P . 62-628-02/62-662-03
Maplewood Project 78 -9
Divisions of:
Engineering
Maintenance
Mobile Equipment
Environmental Services
Accompanying is Supplemental Agreement No. 8 which provides for the
additional materials and work required to eliminate the conflict
between the 8 -inch DIP water main and the 15 -inch storm sewer at
Station 5 +75 left on the Frost Avenue Connection, a condition that
was not identified i n the plan.
The work was conducted under the supervision of the St. Paul Water
Utility.
The additional cost for this work is $1,763.53. We request your
review of the agreement and approval of the cost.
Deane R. Ankl an, P.E.
Construction Engineer
DRA /clm
Enclosure
k I yEC
SICEP iii'S;
CITY OF MkPLEWaOQ
ENGINEERING OFFICE
Un /DOT 3134(s -78)
STA'T'E OF MINNESOTA DEPARTMENT OF T
RAMS PC)RTATTON . to Con
UPP trst No. _ A 8 838 M
- No. t$
SUPPLEME
. sheet lef 2 -
Con tractor ---- --
oun y Oj eC State
Palda & Sons , Inc. 7Map7lewcood Praject Project No.
Address 78-9 Water SA„P 62- 628 -02
146 Da Location
Dayton Avenue, S t . Paul, NN 5 Frost Avenue /Frost s t Avenue Connect
ect ion
This contract is amended as follows:
w o WHEREAS the contract provides for the reconstruction of Frost A
o � construction of Fros Avenue Connection in the venue and the
City of Maplewood; and
V V ...
C O �
=Q the contract calls for �t .
„ the ins t al�.a ion of a 8 DIP watera�ain and a
6 DIP for hydrant lead, and
WHERYM ,after construction had begun gun the engineer determined that because of a
conflict with a 15 storm sewer at station 5 +75 Dt. the dram
by lead would have to
be lowered to clear the 15" storm sever; •
, •
G" 0 E the engineer after consultation with the assistant engineer of
Maplewood and the inspector from the St* Paul Water artm�ent
"storm � determined that the
32 ' of 1
5 sewer would have to be removed and relayed and (2 ) !t laced on the $ �'' 5 bends be
"
o P wat ermain for the line change; and
on
WHEREAS the contractor furnished a negotiat
�°'� the- realig g ed lump sty price of $ for
Z gnm t of the watermain lead and the relaying of 32 0 of 1 " RCP •
5 ,and
C this work Will result in a change of contract
�� o ' h amount without previous
v provision ion of payment on a lump sum basis; and
�o�
NOW , THEREFC RE , IT IS MUTUALLY AGREED AS FOLLOWS:
Sow VC 4.0
° " a 1) Payment will be made on a lump sum bas is
2) The contract sha11 be extended
E one working day.
o ° Q
C1
• 3 The costs for this work s hall, be paid by the City f Maplewood pZewood under City
Pro.No. Account I.D. Organization F.V. Requisition No, vendor Number Type Terms Source
Cost, Job or Client Code
TYPE OF TRANSACTION n �l
U U
A40 A41
D D C
Amount
Suffix
Object
S.Act. I Task I S. Task
SEND
Entered by
D ate - um a
Entered by
Date Number
APPROVED: Original Contract
Dat C eer
Commissioner of Administration _
Dated 19
APProved by Project Engineer or Architect
By
Dated 19
APProved as to form and execut'
Accepted by Contractor
mated � Dated 19
Dated
District Director
Assistant Attorney General 1g Approved by Agency Herd
1 -STATE AUDITOR (While original) 2- CONTRACTOR (Pink) 3- AGENCY (Goldenrod)
OF MINNESOTA - ._ ._..
OEPA RTMENT OF TRANSPORTATION
_U" - to Conumct No. .A 883&&
SENT
NO. 8
SUP
n tractor Sheet 2 of 2
a1d8 8c So ns , -""--
Inc . oun Ly o eC -
drm pleWood Project 78- State Proj� No.
1.62 "t' 9 stet Baia SAP 62_6 __ Dayton Avenue , St. p lon 28..02
au1, NN 55104 Frost Avenue - -
Avenue/Frost t Avenue Connection
This contract is amended as fovow
� 0 = ro e
P 3 ct 78.9
the contractor 'Will not m
anY
other costs orexpenses an y of
Mich he Bind or characterha,ts
0
4 o this agreement . �,Y have incurred es oever for
a result
o� work covered b
d"
5) Statement of COs
is •
E Unit Contract
1 c — — want ity Unit Fr
ice
Amo unt
JL904 LU
.= .� s *JL s 763.53
7 53
2
dfte
h V v
V
3
� w
rr � 4r
haw
'd v
w h
O v
0
v� a
Pro.No. I Account I.D. I Or
BanLZation
Cost, Job or Client Code
,TYPE OF TKAIVSACTION
1 bnn r%: r.....
s%& s n%J T t.1J:
Commissioner Of Adminh nation
F.V. Requisition No. Vendor Number T e
1 Ty
Amount
Suffix Object
S.Act.+ Task S. Task
SEND
El Li [I A40 A41 a t e Entered by
Date Entered by
A44
A45 A46 Number
Original Contract
BY
Dated Approved as to form and execution
Assistant A ttorney Ginerad
1 —STATE AUDITOR (White or4ri al) Z— CUNTRACTOR
(x) 3-- AGENCY (Goldenrod)
Date
�cigal. Engineer
Dated —
` t g
Approved by Project Engineer ar Architect
Dates —
is
Accepted by Contractor
Dated
t 9
District Director
Dated
19
Approved by Agency dead
MEMORANDUM
T0: CITY MANAGER
FROM: STAFF
REGARDING: CERTIFICATION OF ELECTION JUDGES
DATE: SEPTEMBER 23, 1981
Attached are the names of the Election Judges for the General Election, November 3
198.1. Passage of a resolution approving the list is necessary.
1. . .. ...... ...........+..... w..
RESOLVED, that the City
Council of Maplewood, Minnesota, accepts the following
list of Election Judges for
the 1981 City General Election, Tuesday, November 3, 1981:
Precinct No. 1
Precinct No. 7
Eleanor Mathews, Chairman
Margaret Wolszon, Chairman
Lorraine Schneider
Myrtle Malm
Maryls Hartman
Betty Haas
Mike Wasiluk
Wyman Hagemen
Precinct No. 2
Precinct No. 8
Pat Thompson, Chairman
Jean Myers, Chairman
Evelyn Axdahl
Lorraine Fischer
Kathleen Dittel
Rita Frederickson
Bea Hendricks
Edith Stottlemeyer
Precinct No. 3
Precinct No. 9
Jeanne Schadt, Chairman
Ida Szczapanski, Chairman
Barb Leiter
Mary Joh.r!son
`Doris Broady
Bernadine rd -- ortensen
Charlotte Wasiluk
Dolores Mallet
Precinct No. 4
Precinct No. 10
Caroline Warner, Chairman
Anne Fosburgh, Chairman
Joyce Lipinski
Mary Lou Lieder
Marjory Tooley
Dorothy Arbore
Nancy Embertson
Pat Werden
Elsie Wiegert
Precinct No. 5
Precinct No. 11
Jeanne Hafner, Chairman
Delores Lofgren, Chairman
Emma Klebe
Mazine Olson
Sibbie Sandquist
Shirley Luttrell
Phyllis Erickson
Precinct No. 6
Precinct No. 12
Kathy Supan, Chairman
Mary Libhardt, Chairman
Linda,Prigge
Audrey Duellman
Linda Ashfield
Deloris Fastner
Joanne Houghton
Mildred Dehen
.r
ti
1 2•
TO:
FROM:
REGARDING:.
DATE:
eem
M E M O R A N D U M
CITY MANAGER
CITY CLERK
FINAL APPROVAL - REVENUE NOTE - GERVAIS AVENUE ASSOCIATES
SEPTEMBER 28 1981
Gervais Avenue Associates are requesting final approval for the b5
$ 0,000.00
revenue note for the construction of the storage warehouse on Gervais Avenue,
west of White Bear Avenue.
�a
� S
]r1 {{//r.,
w �� v
NOTE RESOLUTION
$650,000 COMMERICAL DEVELOPMENT REVENUE NOTE OF 1981
(GERVAIS ASSOCIATES PROJECT)
(CITY OF NlAPLEWOOD)
ADOPTED: October , 1981
NOTE RESOLUTION
(This Table of Contents
is not a part of this
Resolution, but is included fo conven1ence only
TABLE OF CONTENTS
ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION
P ie
AND FINDINGS****......
Section 1 -1.
Definitions
1
-
Section 1 -2.
..... .................
T�egal Authorization........•.
1
Section 1 -3 •
• • • •
Findings .....................
3
Section 1--4.
• • • �
Authorization d
3
a
n Ratification
of Project...................
-... ••
4
ARTICLE TWO -- NOTE
Section 2 -1.,
............. .
Authorized Amount
and Form
Section 2- 2.
Of Note........................ ••
The Note................
5
Section 2 -3.
• • • • • • • • •
Execution
12
Section 2 -40
..................
Deliver of Not
Y e
12
S ection 2 -5.
.................
Intentionally Omitted.....`:***e
12
Section 2 -60
Registration of ••
Tran sfer Y
13
Section 2 -7,
........
Mutilated, Lost or Destro ed
13
Section 2 -8 .
Note
Ownershi of Not e...
p
13
S ection 2 -9.
.............
Limitation on Note Transfers.
13
••••
14
ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY....
Section 3 -1.
Prepayment.......
15
S ection 3 -2•
T ... ..............
ermination of Interest.........
15
15
ARTICLE FOUR - GENERAL COV ENANTS
-
Section 4-1.
......................
p
Pa yment of Principal and
16
Section 4 -2.
Interest.
Performance of a nd Authority
16
for Covenants........
Section 4 -3.
Enforcement and P erformance
16
of
Covenants
Section 4 -40
..................�.•...
Nature of Securi ty................
16
17
ARTICLE FIVE - MISCELLANEOUS......
Section 5 -10
Severabilit
Section 5 -20
Authentication of •
Transcript......
Section 5 -3.
Registration of Resolution.....
18
Section 5 -4.
Authorization to Execute "'
18
Agreements........................
••
18
SIGNATURES
.......................... . . . . . . . . . . . . .
19
NOTE RESOLUTION
BE IT RESOLVED by the City oun
Maplewood, Minnesota as Y cil of the City o f
• follows:
ARTICLE ONE
DEFININTIONS, LEGAL AUTHORIZATION AND FINDINGS
Definitions.
The terms used herein, unless
the context hereof
shall require otherwise
shall have the following meanings, ngs , and
any other terms defined in the Loa s when n Agreement shall have the
same meanings used herein as assigned to them in the Loan
Agreement unless the context
or use thereof indicates another
or different meaning r intent.
ent.
Act the Minnesota Municipal Ind '
Minnes a Statute p ustrial Development Act
s, Chapter 474, as amended;
-
Assignment of Leases and
executed b Rents: the agreement to be
y the Borrower assigning all the •
profits derived from the Project rents, Issues and
repayment of the Note and interest to the Lender to secure the
nterest thereon•
Assi nment of the Loan Agreement:
executed by the Cit t: the agreement to be
Agreement assigning to the Lender; g an
Bond Counsel: the firm of Briggs and Morgan, professional
Association, of Ste
opinion Paul and Minneapolis, Minnesota
p neon of Bond Counsel shall be a written any
such Counsel; tten °Pinion ,
signed by
Borrower: Gervais Associates a '
• Minnesota general
partnershi
P, its successors, assigns, and an s •
resulting or transferee business surviving,
ss entity which nay assume its
obligations under the Loan Agreement;
g Bement;
Ci,t : the City of Ma 1 ewood
and assn ns; p Minnesota, its successors
g
Guar the personal u -grant
y to be executed by Richard
J• Schreier and Patricia -
icia A. Schreier, in favor of the Lender;
• Im� 3rovements : the structures and other improvements
including any tangible erson
P al property, constructed or
installed by the Borrower on the Land in th
Plans and Specifications; accordance with the
Land: the real ro ert
rights desc p p the Y and any other easements
ribed in Exhibit A attached to and
Loan Agreement
Leases: all leases now
or hereafter affecting the L
and;
Lender: Northwestern National Bank SouthWeSt.
Bloomington, Minnesota, its successors and assigns;
Loan A regiment the agreement
and the Borrower to be executed by the C'
providing for the issuance f �.ty
the loan of the proceeds the o the Note and
thereof to the Borrower, inc lu
amendments or supplements there ding any
provisions; to made in accordance with it
Mortgage: the Mortgage, •
State g ge• Security Agreement and Fixt
9 Statement to be executed b the Borrower Financin
mortgagor, to the Lender Y orrower as
Note and intere ' as mortgagee, Securing payment of the
st thereon;
N =: the .$650,000 Commercia Development Revenue Note
1981 (Gervais A
ssociates, Project, to be issued f
pursuant to this Resolution ued by the City
_ and the Loan Agreement;
provide for kept by the Clay
Note-Reg the record • Clerk
the registration of transfer to
Note of ownership of th
Plans and Epecifications the
- Mans and specifications
for the construction
and installation of the Im rove
pp by the Lend
the Land, which are approved p ments on
Prnci al Balance so
much of the principal sum on
Note as from time to, tim the
e may have been advanced to or f
benefit of the City and remain or the
s unpaid at any time;
Project: the Land and Improv
time exist; as they may at any
Project Costs the total of " •
"Loan and Carr as those t all Construction Costs" an
Carry Charges," terms d
Loan Agreement; are defined in the
Resolution: this Resolution of '
October 1, 1981, to the Ci adopted
gether with any supplement or
thereto. amendment
2
All references in •
' es ,
"Sec this instrument to de •
Mons" and other designated
designated Articles i
subdivisions are to t
Sections and subdivisions he
instrument as on i ions of this
to " g na l ly executed . The �„� ��
refer to this •
and "hereunder word hereln,'�
and other words of s im i lar Resolution as a w ilar i
Article, Section or subdivision. to any particula
bdvision.
1 -2 ' Legal Authorizati
The City is apolitical
. - •
M�.nnesota and is author' subdivision of the Sta
ized under the Act to to of
revenue producing pro_
ject h initiate the
s herein referred to a •
ell the Note
for the purpose, in t and to Issue an d
and conditions set f he manner and Up t
for in the Act and in � he ter
this Resoluti
1-3. Findin s .
The City Council ha s heretofore deter
hereby determine mined
., as follows:
� and does
C 1) The Cit s authorized b
Loan tY i th
. Agreement for the P ublic Y e Act to enter into a
p is purposes expressed in
` the Act
t21 The City has made the ' necessary arrangements ' Y w •
ishment within the City with the
Borrower for the establi r as more fully of a Proje
e
the Loan A p all ,J ct
consisting of certain
Agreement and which will y des cribed in
e purposes be of the character a
by this Resolution authorized t p p s provided by the Act and
accomplish th � and the City has
Loan Agreement t he Project and exec uti
he Assignment of Loan th of the
Agreement an
specify the terms and d the Note
which documents Conditions of the
acquisition and financing of the Project; -
(3) in authorizen •
in its judgment 9 the Pro J ect t s the effect thereof y purpose is, and
public welfare b will be, to promote th
Y the attraction, encouragement e
development of economically e�nent and
lcall ound industry and
y Y commerce
as possible, the emergence so as
to prevent, so far
marginal lands _ g °f blighted
and areas a
ment of revenu e-producing of chronic unemployment; nd
e ue producing enter rises e th the develop -
resources of the community, p to use e available
the commu ty, in order to re •
nity s existing investor the benefit of
ent in educational and •
educated a halting of the movement ublic
service facilities; th
personnel of all a es to t of talented,
g other areas thus res •
man resources needed as o p reservin g
the economic and human
abase for providi
Bible employ fac ilities; ng
governmental services and f
Y opportunities � �he provision of acre -
Pp ities for residents in s
the area ; the
3
expansion of
. an adequate
he amount tax unt and cost o ax base to ,fin
e f gover anCe the ,
Service mental s lncx-o
°mmunity i whi s or the scho Servi inclu in
ch the p • of , district dingy
]ect is situat ng the
(4) the d;
Proj Co amount estimated
Permitted Sts, incl • to be ne
rmitted ing th cost ces,,ary to f,
ss b�' SeCt� s and inane
uan of the 474.05 of esti mated co a t he
Issua aft Note i the Act, wil cos
herei nafter prov. the he 1 requir e the
ided pal amount Of
$ 000 a
(5) it as
objects is desi
ur and p urposes feasible and
P p °Se of f of the Act co nsisten t anc the to Issue the t wi th the
(6) the Note, for
e the
constituted and the ,
to an indeb interest ac
any cons titut' t edness of cruing there
tonal .
cons titute . ��' statutory t e CltY with ' � thereon not-
. ute ° r give l lire �}-re- mean .
aga the ris to a e atlo and do ing o f
neith general eyed ' �' cunlary li , not
the full fa . it or t illty or a c
Cit is le ith and ere 9 powers of charge
Pledged for th credit nor the he City an
on; and a payment o taxing the d
thereon; the Not P of the
The or int erest
(7) e Th •
Note is industrial de
meani an .
9 of Se 1 v eloP
to be issue 03 {b� o men , t
t ( D ) d within the the Int t bond w
of Secti a eXem t • al Revere hzn the
° f 10 on 1Q3 b p i °n provided ue COae and i , 000, 000 of the C und s s
or less; s ; Provided th ode with resp ub p ar agra h
he cit P at
prevent t to an p
different e �' fr °m herea f nothing issue
p erm • Xemirt.ion if ter quali f i herein
Permi b and to Y ng the No s�iall
Of th •�' law a con such ex
the ext to under a
P roJeCt. S istent w em t ,
the ob p ion is
1-4* and Purposes
_4 • Au thori .
Z °n and Ra tificatio n • cat ion of
The ifi
Borrower Cl tY has her pro ' ect •
he retofore
474,03 in accord and d oes
C7) of th with th hereby au .
inst Act, to provisions thO riZe the
f1e ion of the P pr °vid for the °f S ec
a tion
ati °ns rOJeCt Pursuant by Su ch leans to n and
in the manner ns as s hall be th tie P lans a
advertisement det available to red Spe
and
and ent f or bid by th e Borrower the Borrow
acquisition o s as ma wer and with er
rati f • f Mu �' b e required out
1 es, affi s � Cipal facil • for the construction
, and it1e and t struct.ion
e Borrower consi a he C,
authority nsistent w' 11 actions City hereby
y and in ith a in heretofore Y
cOrnplianCe with anti cipation taken by
nth th plans of such
and Speci fications,
tions.
4
ARTICLE TWO
NOTE
2 -1• .Authorized Amou `'
nt and Form of Note.
The Note issued ur .
the p suant to this Resolution shall
Y form set forth her ein be
in substantially variations, orris with such
sions and insertions as ar
permitted or required by this Re '
With the further r solution, and in accordance
p ov.i s ions hereof ; and the total e
amount of the -Note that may be principal
{expressly limited $650#0oo Y outstanding hereunder is
to unless a du�li
pursuant to Section 2 -7. The � Cate Note is issued
the following f Note shall be in substantially
g orm: ally
5
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue - Note of 1981
(Gervais Associates Project)
$650,000
FOR VALUE RECEIVED t}-
County, Minnesota �� e CITY OF MApLEWOOD
Northw • ' {the , Rams Clty } hereb e �'
estern National Bank Sout �' promises-to pay
(the "Lender hwest, Bloomington M '
�, its successor innesota
source and in the mane °r re gistered assigns, fr
sum o� Six Hu er hereinafter provided °rn the
Hu ndred Fifty Thousand D ($650 the principal
much thereof as ma Dollars , Or
the City y have been advanced to so
y and unpaid from
°r for the benefit of
Balance"), with inter m tim to time (the "pr ' . pal
percent (75%) of the P rime intere thereon at the rate o �- nci f seventy-five
f '
annum which Rate at
hereinafter ' eve
h is in effect at Nor r defined} per
Southwest Northwestern National Bank
k
zn any coin or currency '
Of payment is le al t Y which at the time or •
debts in t .9 ender for the pa ent times
he United States of � °f public or private
�er�ca, in accordance '
refers to t forth. As used herein With the
terms hereinafter se
that interest rat In ��Prime Rate"
_from
time to time ublicly announced b
e as its interest rate commercial
'
bases for corrne •
changes in the interest rate rcial
borrowing with chan
to be effective on the charged here
same day as changes in the .- ale Prime Rate.
1. (a) The Princi pal Balance shall be
consecutive equal m a • •
q monthly installments bas paid In
amortization of the Pri based on the
nclpal Balance over 300 months
first the tale
commencing on the day of
succeeding October 19 calendar month next
Of the date ...._.' 81, un until the tenth
hereof, when there sha year anniversar
rnent for the remaining alance all be a final monthly y
due (the g Principal l Y instal l-
Final Maturity Date"), us accrued interest
first to int } • Payments shall
Brest due on the Pri 1 be applied
• nclpal Balance and thereafter
Principal Balance. eafter
to reduction of the pr
. (b) If the interest
subject to fed m st on this Note should
of Taxabto income taxation pursuant to become
federal inc
ty" as that term is defined Determination
Loan Agreement he fined in Section 4.p7
hereinafter referred to of the
to the Borrower a copy of the ' and the Lender delivers
Taxabilit otice of the "Determination �� tie Lender shall nation of
be entitled to receive
upon
6
demand the amount •
w and a of additional federal income
penalties and Interest ral and state
It will incur for thereon which the L ta x e s
or with respect to ender estimates
years and the tax year in whi the date current and.
notice n a to specs fled in sa le
past tax
curs, by reason o fsal all as such Determination o d
provided in Section 4 f Taxab' '
. o
f the Loan Agreement, -_ greement,
20 In any event , th e payments
sufficient to a hereon
pay all principal and ' d e r shall be
principal and inter �ntereSt due as such
Penalty, interest becomes due,. and �
Y at maturity, upon redemption, pay any premiu
shall be computed demption, or othera or
for the act on the basis of a 360 Ise.. Interest
ual number o f days day y
e
• Y ar, but char
principal is un aid. charged
p
3. If th Lender
. the should not rece1
Of any month all V
Of principal a on the first d
Note, and i f the City 1 and interest then �'
y should e
conti to due °ri th
the fifteenth day e in arrears throe h
SUMS due hereunder, the in addition t g
the s due h t L ender shall be ent ' ° all oth
h day of such month pled to re
percent (4*00%) of h a service char a on
the deli' r i p 9 ,nterest,
equal to fou
q
principal and i
4. Pr incipal and '
shall be payable at interest and premium d ue hereunder
such other place a Principal office e Lender, or at
of th
s the Lender may ate in writing.
Y design
This Note is issued by the Cit
5 • Thi
f or a Project
as de f fined in Section Y to provide funds
_ 474.02.
Minnesota Statutes Subdiv' '
estate, and t , consisting of the ac ui lSZOn la,
he construction of q sitl of re
pursuant to a Loan Agreement even data storage warehouse t
Ci and g ment of e hereon,
(the "Borrower" herewith betWee
Note is fort � C the "Loan Agre ement"), n the
her issued pursuan and thi
the Constitution and t to and in full compliance laws of the State mpliance with
particularly Chapter 474 of Minne
resolution of t , Minnesota Statutes and Pursuant to a
( the he City Council duly Y ado ted
p on October It 1981
6. This Note is
Secured by an assi
Agreement by the cit me
Y to the Lender, a M g nt ur the Loan
Agreement and Fixture ortgage, Sec .
herewith bete Financing Statement ur
peen the Borrower, as of even d
.mortgagee (the "Mort �� mortgagor, and
Rents- o gage � and by an Ass' the Lender as
f even date herewi ignment of Leases
(the "As s i nment th, from the Borrow and
g Of L eases and Ren Borrowe to the Le
is �.
79 The Lender
• ma y extend the times of
interest and /or principal
this Note p• of or any penalty p of
. includ the date P tY or premium due on
of the Final Mater'
sty Date,
7
without notice to or consent of any party liable hereon
without releasing any such party. end
How
Final Maturity Date be extended beyond thity (30) e in no event ma Y the
r the date hereof. years from
8. This Note may be re a • •
. P p ld in full at any time
without a
prepayment penalty.
99 This Note is further s '
City, at an time �„�' ub�ect to prepayment b th
Y i thout a premium, in who Y e
the occurrence of certain Ie °r in part on
, u
events of damage, destructio P
condemnation of the property s n or
P Y ecured by the Mortgage, a
Section 5.02 of the Loan A g s
specified in Agreement and Section 3 -1
Of the Resolution, or, at the option of the Lend
er, within 120
days after the Lender receives a notice of a "Det ermination
Taxability" as that term is of
Agreement. defined in Section 4.07 of
the Loan
100 The monthly pa eats
hereof, s � due under paragraph 1
hall continue .
ue to be due and payable in fu •
11 until the
entire Principal Balance and accrued interest due on '
n paid regardless of an a this Note
have been Y partial prepayment made
11. As provided in the Resolution olution and subject to
certain limitations
set forth therein, this Note i
transferable upon the books Cle of the City at the office o
Y k, by the Lender in person f the
City P or by his agent duly
authorized in writing, ender
hereof g • at the s expense upon
together with a written instr y surrender
instrument of transfer
satisfactory to the Cit
his dui a Y Clerk, duly executed b the
y authorized agent. upon such Y Lender or
e date of registration the City Clerk
will note th
the new registered Lender in the gistration and the name and address of
registration blank appearing
City may deem and person se g
below. The Cit treat the
- - P n in whose name
the Note is last registered registration upon the books of the City with
such re
g n noted on the Note, as the
absolute owner
hereof, whether or not over
of due, for the purpose of re
Payment or on the account, of the receiving
rice Principal Balance,
redemption
P or interest and for all other
all such payments so made to purposes, and
be valid and the Lender or upon his ar e e
effective to satisfy and di r shall
upon the Note to the ex arge the 1 i
tent of the sum or sums so abil it Y
City shall not be affected . paid. and the
by any notice to the contrary,
12 • All of the agreements •
provisions and sti ulat' conditions, covenants,
a e ,p Ions contained in the Resoluti
g g , the Assignment of Leases and on the
Mort m Rents and the Loan
Agreement are hereby made a part of this Note to t
and with the same force an he same
extent
set forth herein. d effect as i f they were f ully
13 9 This Note and interest thereon and any penalty
er are payable solely from the revenues or
premium due hereunder
proceeds derived from the Loan A evenues and
Ag reement, the Mortgage and the
Assignment of Leases a
the City an d Rents, and do not consti
• y within the meaning of an. tute a debt of
limitation, are not y constitutional or statutory
other than payable from or a charge upon Y
the revenues and proceeds p any funds
thereof., and do not i pledged to the payment
thereof,
or, t give rise to a pecuniary liability
Y , o the extent permitted b °f the
Officers, agents or e Y law °f any of its
employees, and no holder of t
ever have the right to compel his Note shall
Of the City to a t j any exercise of the taxing
pay his Note or the interest g power
enforce payment thereof aga inst i thereon, or to
g nst any prop of the Cit
not constitute a charge, lien a and
this Note does _
on an `� or encumbrance,
agreement o �' Y property of the Cit
regal or equitable, u and
Of the City to perform or �'• the
ro cause the performance of
the covenants and o th er subject a provisions herein referred to
� t all times to the availability sha I 1
sub be
of revenues or other
such purpose in accordance with
funds furnished for
Agreement, sufficient to a th the Loan
the enforcement pay all costs of such performance
t thereof . Ce or
14. It is agreed that time '
Note. In the event of a is °f the essence of this
t* failure by the City to a
mo installment of principal or Pay When due any
. interest or any premium d
an Event of Default shall occur due
hereunder, or if as set forth
in the Mortgage, the Assi gnment of Leases and Rents, or t
Loan Agreement
then the Lender shall have Op
al Balance the right and optio
to declare the Princi p lance and accrued interest
ly due and payable, but so thereon,
immediate solely from sums made
available under the
Loan Agreement and Mortgage. •
time Failure to
exercise such option at an ht to Y e shall not constitute a waiver
3 exercise the sam at an sub 1Ver
of the right
Sequent time.
159 The remedies of the Le
and in the Mort a e nder, as provided herein
Loan 9 g ' the Assignment of Leases and
Agreement are not exclusive Rents, th
concux'rent and may and shall be cumulative and
t Y be pursued singly, succeSsi
a the sole d�.scretlon of the vely or together,
' Lender, and may be exercise
ion therefor shall occur; a d as
often as occasion ht , and the failure to
exercise any such right °r remedy shall in no event be
construed
as a waiver or release thereof.
l6. The Lender shall not be deemed, by any act of
omission or commission, to •
have waived any o f its rig hts
hereunder unless such waiver is a is signed
In writing and si
remedies gned
by the Lender and, then only to the extent specifically s
writing • A waiver with reference et
forth in the Ce tO one event
shall not be construed as continuing or as a bar to or waiver
as to alver
of any right or remedy a subsequent event.
17* Tr}1 is Note has
under state or federal een issued wtho
exem do deral or other sec ut registration
�' n for such issuance; urines l aws n
be assigned or e , and accordingly Pursuant to an
trans f erred in whole r the Note ma n
participation inter a or part, n Y t
participation est in the Note be or may a
p ion agreement, exce given pursuant t
applicable exemp tion pt �n accordance w• any
P on from such registr an
re
g ration requirement
IT IS HEREBY C s .
conditions, ac ER�''IFIED AND RECITED
is and things required th at all
nt q l red to ex
Performed precede
exist tO is t °r in the i issuance u , .happen and be
have happened and ance of this
form as requi have been perform Note d
q lred by law. med in regular and.
due
IN WITNESS WHEREOF
be duly executed caused thi the City has cau
in I name b s Note to
Mayor and Ci t Cl e Y the manual s i
affixed Y rk and has caused gnatures Of th
hereto, and has caused corporate
a u s ed th i s Note 1 to be
1981. t Se o be dated
CITY OF MAPLEt4700D
. MINNESOTA
Mayor
Attest:
(SEAL)
City Clerk
10
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal Balance
Note and the .interest accruing . of this
ng thereon is registered on the
books of the City of Maplewood in the name of t
noted below.
he holder last
Date of Name and address •
Re itation Re Signature, of
sr
_ Reg istered Owner
City Cler
_ k
Northwestern National "
Bank Southwest _
7 900 Xerxes Avenue So.
October 1981 Bloomington, Mn. 55431
11
2 -29 The Note.
The Note shall be dated
able at as Of the date of .deliver
Y the times and in the manner Y•
shall be pa shall bear
interest at the rate, and shall be subject to such .other
ons as are set forth therein.
and conditio n. terms
2 Execution.
The Note shall be exec
the signatures executed on behalf of the City
5 of its Mayor and City Clerk a Y Y
with the seal of the City an shall be sealed
e y• In case any officer whose signa
appear on the Note shall cease to be g a
shall a
the delivery of the Note such officer befo
such signature shall neverthele
valid and s u f f �.c l ent for all purposes s s be
remained in office until ,p poses, the same as if had
dell very.
2 -49 Deliver 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:
Agreement; (A) the Loan Agreement and Assignment of the Loan
(B) the Mortgage;
(C) the Assignment of Leases and Rents;
(D) the Guaranty;
(E) 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;
(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.
12
Upon delivery of the Note, the Lender shall, on
behalf of the City, advance funds for payment of Pro • ect Costs.
The Lender or the �
Borrower shall provide the City with a full
accounting of all funds disbursed for Project Costs.
2--5. Intentionally Omitted
2 -6. Registration of Transfer
The City will cause to be kept at the of f ice of the
City Clerk a Note Register in which, sub • ect to such reasonable
easonable
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 City Clerk, dui executed b
Y y the
Le nder or its duly authorized agent. Upon such transfer the
City Clerk shall note the date of registration and the name e and
address of the new Lender in the Note Register and in the
registration blank appearing on the Note.
2 -79 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 by law, cause to be executed and delivered, a new
Note of like outstanding principal amount, number and tenor in
exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note
destroyed or lost, 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 hat such Note w
ed , Y as
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 o issue a new Note
e
prior to payment.
2 -8. Ownership of Note
• The City may deem and treat the person in whose name
i.
the Note s 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.
13
2 -9. L imitation on Note Transfers.
The Note has been issued without regist
under
state or other securities law
s, pursuant to an exemption for
such issuance; and accordingly he Note m •
transferred in Y may not be assigned or
whole or part, nor may a participation '
in the Note be given pursuant to �; Interest
i ' any participation agreement
except in accordance with an applicable exemption from such
registration requirements.
14
ARTICLE THREE
PREPAYMENT OF NOTE BEFORE MATURITY
3 -1. Prepayment
(1) In the event of (a) damage to or destruction g ruction of the
Project or condemnation of the Project or any part thereof and
(b) if Borrower does not elect to restore the Project pursua
� p nt
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 Section
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 ter such
p date,
cease
to bear interest.
15
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 to
perform all covenants and other provisions pertaining to the
City contained in the Note and the Loan Agreement.
16
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 pecun Lary
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, 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 and the Loan Agreement
shall be subject at all times to the availability of revenues
under the Loan Agreement sufficient to pay all costs of such
performance or the enforcement thereof, and the City shall not
be subject to any personal or pecuniary liability thereon.
17
ARTICLE FIVE
MISCELLANEOUS
5 -1• Severability
If any provision of this Resolution shall be he d or
in fact, be inoperative deemed to be or sh a 11 ve or unenforceable
as applied in any particular case in an j urisdicti on jurisdictions or in all juri.sdi.ctions o Y or
or in all cases because
it conflicts with any provisions of an '
y constitution or statute
or rule or public polic or for an other reason such
ch
circumstances shall
not have the effect of rendering the _
provision in question inoperative or unenforceable forceable In any other
case or circumstance, or of rendering ther provision g an y p ion or
provisions herein c contained invalid, inoperative, or
unenforceable to any extent whatever. The '
inva i id ity of any
one or more phrases, sentences, clauses or Para ra p hs in this
Resolution contained shall g p
not affect the remaining portions of
this Resolution or any part thereof.
5 -2. Authentication of t
Ilk 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 evid
of the N certified Y Y
the validity Y N All such copies,
certificates and affidavits, including n heretofore
shall � g y
furnished
• 1 constitute recitals of the City as to the
correctness of all statements contained therein.
5-3• Registration of Resolution
The City Clerk is authorized and directed to cause
a
copy of this Resolution to be filed with the Count '
y Count. and t y Auditor of
Ramse
• Y o obtain from said County Auditor a }
certificate that the Note as a bond of the City
Upon his bond y has been duly
entered u
P nd reg i, s ter . ,
5 -4. Authorization to Execute Agreements.
g eats.
The forms of the proposed Loan Agreement,
the
Assignment of Loan Agreement, the Guaranty, the Mortgage and
the Assignment of Leases and Rents are hereby approved
substantially the form heretofore Y pp oved in
presented to the City
Council; and the Mayor and City •
ity Clerk of the City are
authorized to execute the Loan Agreement g ement and the Assignment of
Loan Agreement, in the name of
and on behalf of the City and
18
such other documents as Bond Counsel consider appropriate
in connection with the issuance of the Note. In the event of the
absence or disability of the Mayor or the City lerk such
ch
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 g and execute all
instruments and documents required to be done or executed by
such absent or disabled officers
Adopted: October , 1981
Mayor of the City of Maplewood
Attest:
City Clerk
19
MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS
7:00 P.M., Thursday, July 2, 1981
Council Chambers, Municipal Building
Meeting No. 81 -6
A. CALL TO ORDER
A meeting of the Board of Adjustments and Appeals was held in the Council
Municipal Building and was called to order Chambers,
at 9:58 P.M, by Chairman Bastian,
B. ROLL CALL
Gary W. Bastian, Chairman
Present
Norman G. Anderson
Present
.John C. Greavu
Present
Frances L. Juker
Present
Earl L. Nelson
Present
C. APPROVAL OF MINUTES
None,
D. PUBLIC HEARINGS
I. Variance: DeSoto Street - DuFresne - 7:45 p.M.
a. Chairman Bastian convened the meeting for a public hearing regarding g g g the request
of Mr. Richard DuFresne for a lot frontage variance on DeSoto Street, The Clerk
stated the hearing notice was in order and noted the dates of ublica
p tion.
b. Acting Manager Haider presented the staff report with the following P o ing recommendation.
I. Approval of the variance of 25 feet, to allow a lot frontage of 3
g 5 feet for
proposed lot 1, on the basis that:
1. The lot would significantly exceed minimum requirements for
and lot width at the building lot area
ding setback line.
2. Council has granted similar requests in the P ast,
c. Chairman Axdahl presented the following Planning ommission recommendation:
endation:
"Commissioner Pellish moved the Commission recommend to the Board of
and Appeals approval of a variance of Adjustments
25 feet, to allow a lot frontage of 35
feet for proposed lot, on the basis that:
1. The lot would significantly exceed minimum requirements for
q lot area and
lot width, at the building set back line.
2. Council has granted similar requests in the P ast,
3. The lots are designed to accommodate earth sheltered dwellings.
Commissioner Whitcomb seconded.
Ayes all."
- 1 - 7/2
d• Mr. Richard DuFresne, the a li
pp cant, spoke on behalf of the proposal.
e. Chairman Bastian called for ro on
P p ents. The following were heard:
Mr. Dennis Torgerson, 1717 D
eSoto Street.
f. Chairman Bastian called
for opponents. None were heard.
g. Chairman Bastian closed the •
public hearing,
h• Councilman Anderson moved to approve the variance as re ueste
.DuFresne to allow a 35 foot frontage for r q d by Mr. Richard Z. proposed lot 1 based on the findi Commission. n
of the Staff and Planning
Seconded by Mayor Greavu.
Ayes — all.
E. ADJOURNMENT
10:05 P.M
City Clerk
2 — 7/2
V„
MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS
7:00 P.M., Thursday, July 16, 1981
council Chambers, Municipal Building
Meeting No. 81—
A. CALL TO ORDER
A meeting of the Board of Adjustments and Appeals was held in the Council Chambers,
Municipal Building and was called to order at 7 :47 P.M. by Chairman Bastian,
B. ROLL CALL
Gary W. Bastian, Chairman Present
Norman G. Anderson Present
John C. Greavu Present
Frances L. Juker Present
Earl L. Nelson. Present
C. APPROVAL OF MIN UTES
None.
PUBLIC HEARINGS
1. Variance — Carsgroves Meadows 7 :15 P.M.
a. Chairman Bastian convened the meeting for a public hearing on the request
of Robert's Properties for five lot front variances in Carsgroves Meadow Second
Addition. This hearing was tabled from the June 4, 1981 meeting.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the Planning Commission recommendation.
d. Chairman Bastian called for persons who wished to be heard for or against
the proposal. The following were heard:
Mr. Don Christianson, 1111 E. County Road C
Mr. Don Watson, 985 E. County Road C
Mr. Ralph Fonsworth, 2500 Keller Parkway
Mr. Gary Hedlund, 2424 Keller Parkway.
e. Chairman Bastian closed the public hearing.
f. Councilman Anderson moved to app rove the five lot variances for Cars rove'__
_ s
Meadows Second Addition to allow a lot frontage of 54 feet for Lot 21, Block
1 and 56 feet for Lots 6, 7, 15 and 16, Block 1 as recommended by Staff and
the Planning Commission.
Seconded by
Chairman Bastian recessed the meeting at 8:09 P.M. to reconvene as the Council.
Chairman Bastian reconvened the meeting at 10:50 P.M.
— l — 7/16
1
20 variance: Beam Avenue — Ju •
nek Construction — 8;1.5 P,M.
a. Councilman Nelson moved to table this it
meetin em until the September 17, 1981
Seconded by Mayor Greavu.
Ayes —.all.
D.. ADJOURNMENT
10:55 P.M.
City Clerk
2 7/16
MINUTES OF MAPLEWOOD BOARD OF ADJUSTMENTS AND APPEALS
7 :00 P.M., Thursday, August 6, 1981
Council Chambers, Municipal Building
Meeting No. 81 -9
A. CALL TO ORDER
A meeting of the Board of Adjustments and Appeals was held in the Council Chambers,
Municipal Building, and was called to order at 7:30 P.M. by Chairman Bastian.
B. ROLL CALL
Gary W. Bastian, Chairman Present
Norman G. Anderson Present
John C. Greavu Present
Frances L. Juker Present
Earl L. Nelson Present
C. PUBLIC HEARINGS
I. Sign Variance: 2696 Hazelwood Street — Health Resources
a. Chairman Bastian convened the meeting for a public hearing on the request
of Health Resources, Inc. for a size variance for a free standing sign in a
F - Farm Residence District. The Clerk stated the hearing notice was in order
and noted the dates of publication.
b. Manager Evans presented the staff report with the following recommendations:
Approval of the variance on the basis that:
1. The variance would be in keeping with the spirit and intent of the ordinance.
2. The sign ordinance does not recognize the need for special signage for com—
munity service centers in a residential district.
3. The proposed sign would be attractive in appearance, would be compatible
with the building and would not be objectionable to the surrounding property
owners.
c. Manager Evans stated the Community Design Review Board was the. same as the
staff report.
d. Chairman Bastian called for proponents. None were heard.
e. Chairman Bastian called for opponents. None were heard.
f. Chairman Bastian closed the public hearing.
g. Mayor Greavu moved to approve the size variance for a free standing sign
in an F — Farm Residence District as requested by Health Resources, Inc., 2696
Hazelwood Street.
Seconded by Councilperson Juker.
Ayes — all.
-1- 8/6
s,
Chairman Bastian recessed the meeting at 7:38 P.M. to reconvene •
as the Council.
Chairman Bastian reconvened the meeting t 7:53 P.
g M.
2. Variance -1404 E. Cope Avenue
a. Chairman Bastian convened the meeting ublic h •
p Baring regarding the
request of Mr. Stan Cernohous, 1404 E. Cope Avenue, for a lot width variance
to build on a sub - standard corner lot.
b. Manager Evans presented the staff report •
p with the following recommendation:
Approval of the requested lot width variance of 20 feet to allow d
of an 80 x 125 foot corner lot on the development
southwest corner of Birmingham Street
and Cope Avenue, subject to a grading and drainage plan being approved
En ineer g P g pp owed by the
City g prior to issuance of a building permit. Approval is recommended
on the basis that:
I. Council approved a similar variance for the
property to the east.
2. The lot can support a dwelling which would be compatible w' •
p with existing
neighborhood development and meet all setback requirements.
3. Development of the parcel would be consisten •
t with the intent of the
zoning code.
c. Vice Chairman Duane Prew presented the Planning ommission r •
g recommendation:
"Commissioner Prew moved the Planning ommission recommend ecomrnend to the City Council
approval of the requested lot width variance of 20 feet to allow d
of. an 80 by 125 foot corner lot, on the velopment
e southwest corner of Birmingham Street
and Cope Avenue, subject to:
1. A grading and drainage plan being approved b •
g PP y the Cit�
y Engineer prior to
issuance of a building permit.
Approval is recommended on the basis that:
I. Council approved a similar variance for the ro
p perty to the east.
2. The lot can support a dwelling which would be compatible p e with existing neigh-
borhood development and meet all setback requirements.
3. Development of the parcel would be consistent with the
intent of the Zoning
Code,
Commissioner Fischer seconded. Ayes all."
d. Chairman Bastian called for persons who wished to be he •
in w and for or against
the proposal. The'follow
g were heard:
Mr. Scott Engwer, 1419 Lark Avenue;
Mrs. Kathy Engwer, 1419 Lark Avenue.
(both expressed their concerns regarding he drainage).
g g ).
e. Chairman Bastian closed the public hearing.
- 2 - 8/6
.r
f. Councilman Nelson moved to the request of Mr. Stan Cernohous 1404
E. Co 2e Avenue, for a lot width variance of 20 feet to allow develo ment�of
an 80 x 125 foot corner lot on the southwest corner of Birmingham Street and
Cope Avenue, subject to a grading and drainage plan being approved by the City
Engineer prior to issuance of a building permit and based on the findings given
in the staff report.
Seconded by Councilman Anderson. Ayes - Mayor Greavu Councilmen
Anderson, Bastian and Nelson.
Nays -- Councilperson Juker,
D. ADJOURNMENT
8:07 P.M.
City Clerk
_ 3 _ 8/6
[=
MEMORANDUM
F ewown / %z o
City Manager
FROM:_ Director •
°f Community Development
SUBJECT:
Garage Setback Variance
LOCATION: 1280 R i P l
APPLI -CANT a eY Avenue (See Location Map) �.
/OWNER: Geor Re •
PROJECT: g ttner j
Garage Addition
.DATE: September -
p 16 , 1981
SUMMARY OF THE P ROPOSAL
Request
Approval of a s i de ar -
y d setback variance fora ar •
9 age addition.
on .
Pro posed Land Use
1. Refer to the enclosed '
site plan.
2. The applicant is pr '
opos i ng to construct a 10 by 24 foot ar
..onto his existing 24 by 31 foot age addition
foot side yard t garage. The existing garage has
y d setback, g 9 s a three
3. The slab for this addition
tion is in place.
• BACKGROUND
Site Description
I. Site Size: 22,471 square q e feet
2. Existing Land Use: sin •
single-family dwelling and ara
g ge
Surroundinq Deyeio ment
I. Single - family dwelling development velopment surrounds the ro er
p p ty .
2. There is no structure next to the garage on the adjacent � lot.
Past Action
The permit for the existing
g garage was issued n August, 1978,
DEPARTMENT CONSIDERATIONS
ONS
Planning
-1. Land Use Plan •
Designation: RL, residential •
Plan Update) lower density (Current Plan and
Z. Zoning: R_1 R .
Residence District (Single Dwel ' 1�n9)
3. Section 462.357 Subdivision 6(2) of State law requires that the following
findings be made before a variance can be granted:
1. Strict enforcement would cause undue hardship because of circumstances
unique to individual property under consideration.'
2. The variance would be in keeping with the spirit and intent of the
ordinance.
4. when the existing garage was built
side g g , it was permissible to have a three foot ase minimum setback amended the Code to incre
to five feet. The applicant nee two the
needs a variance of two feet.
S. Section 912.010(8. of Ci ty Code states
• )
is caused to be non - c onforming, that. An accessory buildin '
• f the fo11 owi due to an amendment g which
may be expanded � ent to the Zoning Code,
ng conditi are met:
a. The b u i l d i n g is zoned ro er
p p lY
b • The b u i l d i n g was a conforming forming structure prior to •
Ordinance No. 488 he effective date of
c • All presently applicable Bu ilding Code requirements are
met
d. All portions of said st ructure are on the Appl i cant's r
p operty
e. Runoff from the overhang f ' d structure is
an adjacent g said not adversely •
t property y affects ng
f Any proposed bui •
1 i� adds t� on shall be made a way f
nes . y rom side and rear lot
CONCLUSION
Analysis
The only alternatives to expanding the garage are to
pandi ut -
garage or expand to the west, p a two foot dog � n the
west would The dog would be unsightly a •
divide the most useable part a expanding to the
p t of the back yard.
Normal a variance of this
type would be handled as an ad
This how •
ever, requires approval of all ad • administrative strati ve vari ance.
approval adja cent property owners. The ap
i ca
p, of the property owner to the pp nt
could not get the a
west.
Recommendation
Approval of a two- foo '
t si deyard setback variance, o •
n the basis that:
1. The other alternatives
would create a hardshi to the '
p applicant.
2. The proposed addition wo uld not be detrimental to ad' =� •
�acent - properties .
Enclosures
I. Location Map
20 Property Line Map
3. Site Plan
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LOCATION MAP
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PROPERTY LINE MAP
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SITE PLAN
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SITE PLAN
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APPLICANT'S LETTER OF JUSTIFICATION
Since the garage addition is to be constructed on an existing lab a two foot
9 � of
"jog" would add unnecessary expense in that an additional slab would be reo '
u i red
i� to accommodate it. Also the West overhead door wall would be more structurall
sound as a continuation of the existing y
wall Because of the back yard slope at
this pint, regrading of the yard would be necessa y if the slab extension
becomes necessary.
All of the lots in the area, including 1280 Ripley Ave., are of the somewhat
at
narrow 75 foot wide variety. The additional two foot pro jectfon into the
yard would only serve to take up useable back yard area while the "jog"
area would effectively be wasted space in an already close area. Also,
aesthetically speaking, the continuous straight walls will P resent a much
more desi reable appearance, thereby increasing surrounding property values.
g P P y
I'm sure that the new ordinance is not intended to cause a needless unsightly
appearance when a simple variance wi not only solve that P robl em but also
satisfy the desires of the property owners adjacent to the aaraoe - all of
whom have s i oned the attached approval statement. In addition , the intent
of the setback ordinance is to provide room for necessary maintenance of the
building as well as access for utility and fi refi a�htin personnel. '
� g p onnel .. The original
nal
three foot setback requirement for utility buildings more than satisfies es thi s
aspect in that the garage sets by itself with no other buildings nea
rby .
September 12, 1981
We, the owners of* p roperty ad joining the propert y of
Mr. and Mrs. George L. Retther at 1280 Riple Avenue,
, have
no ob3ections to their main'ta.inin the existing three-
g g
setback on the east side of their garage in order to expand
it to 1 square feet.
Aesthetically, this presents a much better appearance
than a meaningless two foot step in the east wall,
The two plans are illustrated below
o e�.
n
f
/ atw4j
V
47
Z C;7 X9
t
Q NCl.I RI ICT nlCCC �� �! � u i
A. Variance - 1280 Ripley ( Rettner)
Secretary Olson said the applicant is requesting approval of a side
yard setback to increase his garage size. Staff is recommending approval
as outlined in their report. .
Mr. Rettner was present and indicated he had nothing to add,
Chairman Axdahl asked if there was anyone else present who wished
to comment on the request.
Commissioner Fischer moved the P l a n n i n g _ Commission recon� end to the
Board of Ad 'ustments and approval of the two -foot side and setb ack
variance, on the basis that:
10 The other alternatives would create a hardship to the applicant.
.2. The proposed addition would not be detrimental to adjacent properties.
Commissioner Kishel seconded Ayes - all.
�!x
i.
i
t
MEMORANDUM
TO:
FROM:
SUBJECT:
tOCATION:
APPLICANT:
OWNER:
PROJECT:
..DATE
City Manager
Director of Community Development
Parking Variance and Speci ai Exce '
p Exception
White Bear Avenue, North of Beam Avenue
White Bear Avenue Associates .
Robert Mogren , Gerald Mo ren and Richard '
9 � card Schreier
Pizza
Time Theater
September 17, 1981
f
c7— 7
SUMMARY OF THE PROPOSAL , • _ .. _�.
Req
The applicant is requesting approval of a arki n '
exception f p 9 variance of 18 spaces and a
special exce
p or Pizza Time Theatre to have coin-operated games and
ments. 9 amuse-
Proposed Land Use
I.' .Pizza Time Theatre i s proposed to occup the •
" Py e ports on of this development labeled
"Retail C
(See enclosed s i t e pl an.) It is a fami '
a y on ented restaurant,
with mechanically a nimated characters performing on stage and electronic
games.
2. Tokens would be handed out with meals fort •
he use of electronic games.
3. The hours of operation are 11 A.M. to 11 P.M. Sunday through Thursday and
11 A.M. to 12 P.M. Friday and Saturday
.
BACKGROUND
Site Description
I. Size: 3.1 acres
2. Existing land use: undeveloped
Surrounding Land Uses
North: 8.3 acres of land planned SC, Service Commercial 1 and zoned F. Farm. A
single - fami residence and accessory tructures o '
y c upy the si
East: Maplewood Heights Park
South: Undeveloped land, zoned LBC , Limited Business - _ Commerce al , and p SC
(Pl Update)
W est: White Bear Avenue. Across White Bear Avenue Maplewood Mall
i
Past Actions
7 - - 81: Council ap a specia '
PP p i al exception for the Pizza Time Theatre to locate
their facility in the Maplewood Mall. Approval was subjec •
P � ct to.
1. Any exterior si gnage shall be approved b the Comm '
_ y n, ty Des, gn Rev Board.
2. The applicant shal 1 provi written approval 1 fr .
. pp from Homart Deve
3*" Al required licenses for operation ti on sha •
P 11 be obtained from the C
4. This permit may be renewed after one ea •
y r of operation on prov, ded there have
been no problems caused by the faci
8- 20 - 81: Council approved a special use permit for the Pizza '
� zza T, me Theatre at
the Hi rshf i el d'
s building on Beam Avenue,
8- 27 -81: Council reconsidered their motion of approval. l . No a
and a public c heari n pp action was .taken
p g was rescheduled for 9- 17 -81. The applicant has since
withdrawn his application for the special use P ermi t.
DEPARTMENT CONSIDERATIONS
Planning
1. Land Use Plan designation: Current Plan: LSC Limited Service rv,ce Commercial
Plan Update: SC, Service Commercial,
2. Zoning: BC
3. Section 907.010 (2.c.) of the Zoning rdinance requires t
9 q that places of
amusement in a BC zone may only be permitted when authorized b the law-
fully governing body as a special y
9 y p c, a 1 excepts on .
Parking Variance
4. City Code requires a total of 198 spaces for the shopping '
PP 9 center, including
ud, ng
Pizza Time The atre,
5. Code requires that one parking stall be rovi ded for each 2
P 00 square feet of
retai
or recreation floor area and one spac for each 50 square feet of
patron area for a restaurant use.
6. In the -case of the Pizza Time Theatre 72 spaces p s are required for the 3,600
square feet of dining area, and 14 spaces are required for the 2,800 square
feet of game room area. This i s a total of 86 spaces q
.
7 The site plan shows 180 parking spaces. This would require a varianc
� anc e
of 18 spaces or 9% of the required number.
8. Section 462.357 Subdivision 6 (2) of State law requires that -the following
findings be made before a variance can be granted:
a. Strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration.
b. The variance would be i keeping with the spirit and intent of the
ordinance.
2
9. Refer to the enclosed letter of justification that was submitted by Pizza
Time Theatre for their Beam Avenue location,
CONCLUSION
Ana l ys i s
The proposed game room should not cause any
y Those under 18 are not
allowed in without their parents,
The . shortage of parking stalls should be acce
ptabl e, because of the varying peak
hours of activity between Pizza Time Theatre and the •
retail stores. I f a parking
problem develops, the lot could be restri ped to y creating
increases aces b ' ng
.several "compact only" stalls.
p
Recommendation
I Approval of the special exception for the Pizza Time Theatre for o
.oriented facility 't one year, since
the use is a family Y i y and should not be objectionable e i n the
area. Approval is subject to the following conditions:
1. All required licenses for operation shall be obtained from the City.
.
2. This permit may be renewed b the Ci Council f •
Y y a fter one year of operation,
M
provided there have been no problems caused by the f a c i l i t y ,
i I . Approval of a parking variance for the Pizza Time Theatre to have 18 fewer
parking spaces than Code requires, based on the finding-that the spirit ri
p t and
intent of the Ordinance. can be met. There would be cross utilization of arki n
spaces and varying peak hours of activity, p g
9P
Approval is conditioned on restri pi ng the parkin lot with some compact s
9 p paces
if a parking problem develops,
Enclosed:
1. Location Map
2. Property Line Map
3. Site Plan
4. Applicant's letter dated 7 -24 -81
3
•
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WOODLYMN AV
34 0
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URNIESS (6)
_/4- CT
CT.
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LY
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WHITE BEAR LAKE
. ........... .
.............. .............
COUNTY ROAD j'
y.
STAND R ID
JF�j
(2 (3)
Low 3 1
F
•
(I.) WARE LANE
(Z.) CHI PPE WA CIRCLE
(3.) CHIPPEWA AVE.
TH ST. PAUL
- t
E DGE HILL RD.
65
x
DEMONT LL. AVE ui
A 0
mi AV 11 th AVE.
L X I A V
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V 36
TIE AV
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0 E AVE.
In
V
L ARK AVE. 11
ILAURIE RD dc
31C 2
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LOCATION MAP
•
4L
jewArr vc Rif
_ _ — tic) If
f _,_LY - �vc)
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41 '
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CONCORDIA ARMS :1
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IAPLEWOOD MALL v V,J
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....................
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-: .............
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b. tC� 110 UNDEVELOPED
cn
W, N ;L , 40
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4m
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_ _ ''450 _
A
ir
PROPERTY LINE MAP
e 0
too
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X71 • f3
i 1 t
1 '• • • `-
� •• • ' (, � IRS
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ic
...IL ' I
PIZZA
,�... � TIME
el: • ?. THEATRE --
,,.� ., s • . ; . _ • . l •
o
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w oft Amon
N'
SITE PLAN
4
N
ROI�AL DEVELopmEnT
RO�U E VCO, 1TIC.
1340 Saratoga Sunnyvale Rd., Suite 204
San Jose, Californi 95129
(408) 257-5464
.duly 24, 1981
Mr. Tom Ekstrand
Associate Planner
City of Maplewood
1902 East C.O. Rd . B
Maplewood, MN 55109
Re: Justification of Parking Variance
Request for August 3rd
Planning Commission Meeting
Dear Tom:
Royal Development wishes to request a variance to the City
parking requirement as it applies to a restaurant opera-
tion. As you stated, the City's formula for computing the
number of parking spaces needed is: 1 space uare er 50 square
q
feet of "customer space ". "Customer space" is defined at
any area used by customers, i.e. dining area,. restrooms,
and hallways.
While a Chuck E. Cheese's Pizza Time Theatre is very large,
e
its customer use is based on a seating capacity of th
g ca P Y e
dining area. In a restaurant of 10,000 square feet which
is near the size of our proposed Pizza Time Theatre on Beam
Avenue; the number of seats available is between 225 and
250. Those customers who take up tables also, in P art
utilize the games in Fantasy Forest, which comprises 30 -35 %
of the restaurant space. Typically members of a art
P Y use
this area and keep a table in the dining room as a base (to
relocate or meet at). Parents or group members usually
remain at the table while the children enjoy the Fantasy
Forest. Due to this fact, Pizza Time Corporate requires a
10,000 sq.ft. restaurant to have between 78 and 83 arkin g
spaces, based on peak customer useage.
P
It is also found that the national average of customers er
c � r is 4.3. If this �- p
figure were used with our_ dining
capacity o f 250, a total of 60 spaces would- be adequate.
We do realize however that not everyone a groi member
who remains at the table while the others play n Fantasy
Q Y
Forest. Because of this, we would increase another 33%, or
20 spaces, (see attached).
Mr. Tom Ekstrand _ 2 _
July 24, 1981
;
Another reason for a reduction •
ion to Code is that our peak
operating times would be during he eveni an
This, g g d on Saturday
and Sunday. s, for the most part, is opposite the
parking requirement times as Pp. peak
needed by adjoining .retailers
such as Hirschf ield' s . This would obv'
utilization of e
� lously, afford cross-
spaces lf, in the unlikly event, we
needed. y e
I hope this oint clarif •
P es the reasons for our variance
i
request. As t stands, the Code in terms of numb
present a real hardshi p to us if strictly applied 150
number does
spaces would be needed. I would hope that
uniqueness the all P t due to our
allocation of spaces can be based up
on real
..potential use rather than Lakin
g dust the square footage
into account and still allow us t
invent of the Cit . Cod o operate within the
Code.
Also enclosed, lease .find a P check in the amount of $50.00
to cover the filing fee with the Parkin Varia -
tion.
Parking ance Applica-
I will call you next Wednesday o discuss '
Y this letter.
Yours very truly,
ROYAL DEVELOPMENT
Eric Siegel
ES /cj
Enclosures (as noted)
C. Special Exception/Variance - White B (Pizza •
Bear Avenue Time Theatre)
Y Secretary Olson said the applicant is requesting arki n variance approval of a
parking ce of 18 spaces and a special exce ti on for Pizza Ti
.Theatre to have coin - p �
pe r ated games and amusements . Staff is recommendi n
approval as outlined i n the report,
g
Eric Segal, said they anticipate their eak hours
P of operation to
be different than the other stores in the center, therefore the d
- y did
not think there would d b
e a problem with parking. The corporation re-
_ quires a minimum of 70 parkin spaces for •
d ' 9 P he facility, l i ty. Study es have
indicated i cated that the amount of parking allocated to them '
w� l 1 be sufficient at this s ite
.
Commissioner Ki shel moved the P1 •
anninq Commission recommend to the
C ty Cou ncil approval of the s ec i al exception for
r the Pizza Time Theatre
for one ear, since the use i s a fami 1 oriented fa '
cz lit and should not
b� ob_j.ect� anal _b� a r_�a _ q rov l i s s ub jec - conditions: - _ to t re e fo llo win g
owi n
1. Al 1 requ ired licenses for o erati on shall •
P all be obtained from the 'Ci
ty.
-° 2. This • permit may be renewed by the City Council of
provided t y ter one • . year of operation,
M p here have been no problems caused b the facility,
i t
y y
Also, the Commission r ecommends t •
o the Board of Adjustmen and Appe
app rova l of t v ariance for th e Pi z Ea:v _ z T � me Theat to
� arki ng spaces t han - Code re ui res b on t &�
i ntent -- he f� ndi n t t s ri t an d
of the Ordinance can be met. The would be r '
-p arking spaces and va c oss util�zat�on of
i n lea k hours o f a c i vi t.
A royal i s conditioned on the restri i n the • -�
- 9 parks ng lot w it th some com
spaces i f i n the op of tj ' -
a '
s r �-. --= exJ.� -.s •
Co: ,iissioner Pellish seconded Ayes - a ll, 11.
,
:
TO:
FROM:
SUBJECT:
LOCATION:
APPLICANT /OWNER:
DATE:
MEMORANDUM
City Manager
Director of Community Development
Variance and Lot Division
18.21 Howard Street
R. George Lepsche
September 8, 1981
SUMMARY OF THE REQUEST
Re nest
Approval of a l ot width variance and lot division.
Fws� /oC
Act on b -
r ,
�'1ti.M i�I' �•�V�k �USe.
Pro osal
7 . Divide a 130.88 by 250 foot residential lot, to create two 65.44 by 250 foot
.lots, each containing 16,360 square feet.
2. Each l requires a lot width variance of 9.66 feet. (See Planning, Item 4a.
)
3. The applicant _i is in the process of selling the entire property. He feels
that two 65 foot lots will sell for more than one 130 foot lot.
BACKGROUND
Site Description
1. Size: 32,720 square feet, with 130.88 feet of frontage on Howard Street
2. Existing land use: a single - fami dwelling and garage on the south half of
the lot.
Surrounding Land Uses
S dwellings and Howard Street,
Past Actions
1 - 17 -80: Council denied a l width variance request by Dennis Larsen, 501 Farrell
Street, to divide a lot into two 60 by 299 foot residential lots.
3 -6 =80: Council reconsidered the 1 -17 -80 decision and approved Mr. Larson's request
on . .A 3 to 2 vote, on the basis that:
10 - 'The resulting lots would have more than the minimum 10,000 spare feet required
for a bui ldable lot
2. There are other lots of this width in the area
3. This division and variance would not have an adverse affect on the proposed
densi planned for the neighborhood
1 o
DEPARTMENT CONSIDERATIONS
Planning
1. Land Use Plan designation: RL, Lower Density Residential
2. Zoning: R -1, Residence District (Single Family) .
3. Density: existing neighborhood density i s 6 people/net e /net acre .- Fourteen people/
y P P P P1 /
net acre are permitted. Approval of the proposal could al low' - for at least
-.three additional lot divisions in the neighborhood, increasing the density to
7 people /net acre.
4. Compliance with Land Use Laws:
a. Section 1005.010 of City Code states that single -- family residential lots
shall be no less than 75 feet in width, at the building setback line.
b. Section 462.357 of the State Statutes requires that to consider requests
for variances from the literal provisions of an ordinance, two conditions
must be met:
1. Strict enforcement could cause undue hardship because of circumstances
unique to the individual property.
2. Granting such variances only when it is demonstrated that such actions
will be in keeping with the spirit and intent of the ordinance,
Public Works
Water and sewer are available.
Citizen Comraents
Staff requested comment from property owners along both sides of Howard Street,
from Ripley to Holloway Avenues. Each of the surveyed property owners have a lot
width of 125 to 130 feet in width. Of the fifteen persons contacted, thirteen
responded. Four property owners, residing at the north end of the block, had no
objection. Nine residents objected, six owning property abutting or across the
street (see map) , on the basis that:
"I hate to see these 'large', spacious yards turned into a hodge -podge of
small, narrow, unattractive, crowded lots."
"This change would depreciate the value of my property. I feel that the open
space should be kept in this block,"
"'ale bought our home 25 years ago because we liked the large lot size. We
feel allowing smaller lots being built on, would detract from val ues
in the area'."'
R
2
' "All of the lots on this street have large ards . I feel
Y a 65 foot lot with
houses that close would detract from the other property. This nei borhood
could end u like an Ci r 9
P y y st eet � f all the owners decided to split up
their lots."
"I l i k e the l arge l ots and
privacy. I don't want these l ots chopped up.
"We have lived here since 1973 and the lots were set u tar e
p g than l ots for
i
homes n the cities, If we would have wanted to l i v e in an inner cit
atmosphere, we would bought land there We don't want to look out the .
-. window into some else's house .
"If passed, many homeowners would jump on the band wagon, turnip our
environment to urban.
suburban e g g
CONCLUSION
Analysis
The purpose of a l width requirement is to guarantee a neighborhood a minimum
spacing of lots, as viewed from the street.
Eighteen of twenty lots fronting on Howard Street, between Ripley and Hollowa
Avenues, were platted with a l wi in excess of 125 feet. The two smaller
lots are in excess of 100 feet wide. Approval of this request would set a
precedent which would make it difficult to deny similar requests for substandard
lots on this block in the future. The potential exists for at least three such
requests (Map 3) . The variance procedure is to accommodate ci rcumstances unique
to an individual property. In this case, the uniqueness test is not met. Rather,
the request is based upon economics and convenience, which is inappropriate
justification f or approval of a variance.
In March of 1980 Council approved a similar request. However, the neighborhood
circumsta were different. The basis for approval was that similar s i zed lots
existed in the neighborhood and that the ro osed lot areas would b� greater
P P g
than requi red. The present request is unprecedented in this neighborhood.
The lot area argument does not justify approval of a variance. Lot area require-
ments are designed to control density, not l spacing. A neighborhood of 65
by 300 foot lots wi look more crowded than a neighborhood of 75 by 130 foot lots,
because there are more houses closer together.
Recommendation
Denial of the l division and l width variance request for 1821 Howard Street,
on the basis that:
1.: The request is not based upon circumstances unique to the property, therefore,
-- strict enforcement of the Code would not constitute an undue hardship.
s
2. . 65 foot wide lot is uncharacteristic of this block. Approval would be
i.nconsi stent wi th the intent of the Zoning Code to preserve the character of
existing neighborhoods.
K
s
3. Approval would set a precedent for additional lots with substandard widths
the
on this block.
It
Enclosures:
1. Location Map
2. Property Line Map
3. Applicant's letter of justification,
4
i
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dor
Vr►1 11T
E AV
a � -
R 11 E N AVE.
OPE AVE.
LARK AVE.
.•:�
LAURIE Ro Y
z
A v E ( 65 r
64 Z 25
ir
au A
3
cl a.
�• 4aR.EwdpO R -' (1) I STANICH CT,
PUBLIC WORKS R .
fA 49
eLOG. �I
AR FtlS SOO
• ;
it OS WOOD AVE.
NORTH ST, PAUL
*� w'i_ 68 1
28 -� '" H O LL OW AY AVE.
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� 212
5 ,, s
7 RI L PLEY AVE.
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o
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65
ST. PAUL �.
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1.113
23 124
2
ARP E NTE
IDAHO AVE.
I W =
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N M A RYUKE
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Trailer Court
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LOCATION MAP
4
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1875 _ -- 18 75 _ - c
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-1831 �
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s
y r -now ...w rw Y
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let-
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PROPERTY LINE MAP
1830 Survey Respondent 1830 - respondent opposed
Potential for additional lot division requests
4
N
August 10, 1981
Mr.. Geoff Olson, City Planner
Ci ty of Maplewood
1380 Frost Avenue -
Maplewood, Minnesota 55109
Re: Lot Split - 1821 North Howard, Maplewood
Dear Mr. O1 son:
Mr. Lepsche has asked that I assist him in requesting he split i t of Lot 8
Block 4 Hill 9 p '
crest Gardens.
It i s my opinion as a Realtor that our lifestyles have 'Chang ge and that
few people are looking for lots that measure 130 x 250 feet. The cost of
maintaining these lots is the primary reason.
The Lepsche property is now on the market and the denial of the split coul d
very well effect the sale
of the property because of the above reason and
that it would have to be placed on the market at a higher value.
I wish to bring o our attention Mr •
9 Y s. Lepsche is suffering from an incurable
disease, which is the reason the property is being sold, and that granting
g g g
the lotsplit will assist in the sale and be of comfort to her.
I am enclosing the Abstractor's l i s t of the adj acent p roperty � p p y o wners, the
Board of Appeals Application form, Lot Di Application form and 12
copies of the site plan. '
If you have any questions, p l ease call,
Sincere ,
Ga a C. Rehnberg
Realtor
Ir
i
� t
'f
1
• Y
ERA- R Y a C C
i R.'AL-FORS'
1401 While E�ear Avenue
St. Pc Minnesota i5106
F0000 0Z
M E M O R A N D U M
TO:
FROM:
REGARDING:
DATE.
CITY MANAGER
CITY CLERK
REVENUE NOTE — WHITE BEAR AVENUE ASSOCIATES — PUBLIC HEARING
SEPTEMBER 25, 1981
White Bear Avenue Associates is requesting a $2,000,000.00 Industrial Revenue
Note to construct a 32,000 square foot building at 2950 White Bear Avenue to be
used as retail sales outlets and business offices. The property was rezoned on
September 3, 1981.
, a..�.....w,...e •�.zo.o- .ems._- .,r- .- w............ —o
STATE OF MINNESOTA
DEPARTMENT OF COMMERCE - SECURITIES DIVISION
APPLICATION
FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT
To:
Minnesota Department of Commerce
Securities Division
500 Metro Square Building
St. Paul, Minnesota 55101
Date
.The. governing body of Maplewood County of Ramsey ,
Minnesota, hereby applies to the Commissioner of' the State of Minnesota,
Securities Division of the Department of Commerce, for approval of this com-
munit 'proposed munici
s
Y P pal Industrial Revenue Bond Issue, as required by
Section 1, Subdivision 7, Chapter 474, Minnesota Statutes.
We have entered into preliminary discussions with:
FIRM White Bear Avenue Associates
ADDRESS 7901 Flying Cloud Drive
CITY Eden Prairie STATE Minnesota 55344
State of Partnership Organization: Minnesota
Attorney Fred A. Kuepper s , Jr . Address Northern Federal Building
• St. Paul, 1LN 55101
Name of Project _ white Bear Avenue Associates Project
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 (general nature of project) >. F co :struc t an off ice/retail building
facility
It will be located in the City of Maplewood
The total bond issue will be approximately $2,000,000 to be
applied toward payment of costs now estimated as follows:
Cost Item
Land Acquisition and Site Development
Construction Contracts
Equipment Acquisition and Installation
Architectural and Engineering Fees
Legal Fees
Interest during Construction
Initial Bond Reserve
Contingencies
Bond Discount
Financing Fee
Amount
$ 440,000
1,200,000
- 0-
123 , 000
17,000
100,000
- 0-
50,000
-0-
70,000
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION -OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act" ) as found and determined by the
legislature is to promote the welfare'of the state by the
active attraction and encouragement and development of economi-
call y sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
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 Cit Y ) has received from white Bear Avenue Associates, a.
general partnership organized 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
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 an office /retail building facility to
be located in the City and leased to various tenants and
consists of the acquisition of land and the construction of
buildings and improvements thereon and will result in the em-
ployment of additional persons to work within the new
facilities;
Cf) 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 August 20, 1981, a public hearing on the
Project was held on September 17, 1931, after notice was
published, and materials made available for public inspection
at the office of the Maplewood City Clerk, all as required by
Minnesota Statutes, Section 474.01, 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 acqui-
sition, construction and equipping 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 $2,000,000 be issued pursuant to the
Act to finance the acquisition, construction and equipping of
the Project; and said agreement may also provide for the entire
interest of Company therein to be mortgaged to the purchaser of
the Revenue Bonds; and the City hereby undertakes preliminarily
to issue its Note in accordance 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
an
engaged in business within the meaning of Subdivision la of
Y
Section 474.02 of the Act; that the Project furthers the
purposes oses 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;
6. Briggs and Morgan, Professional Association, acting as
bond counsel, and Juran and Moody, Inc., investment bankers,
are 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
constitute 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
f 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;
9. The actions of the City Clerk in causing public notice
of the public hearing and in describing the. general nature of
the Project and estimating the principal amount of the Note to
be issued to finance the Project and in preparing a draft of
the proposed application to the Commissioner of Securities,
State of Minnesota, for approval of the Project, which has been
available for inspection by the public at the City Hall from
and after the publication of notice of the hearing, are in all
respects ratified and confirmed.
109 If construction of the Project is not started within
one year from the date hereof, from and after
,
1931 this resolution shall have no force and effect and the
preliminary approval herein granted is withdrawn.
Adopted by the City Council of the City of Maplewood,
Minnesota, this day of , 19310
Attest:
Mayor
City Clerk
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and
acting Clerk of the City of Maplewood, Minnesota, DO HEREBY
CERTIFY that I have compared the 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
w
commercial facilities development project.
WITNESS my hand and the seal of said City this
day of 19810
City Clerk
(SEAL)
tic if
APT
t� D I A ld
y l�L •/lltl ,bll.��: �• Ik` �• /1'jw Ur SO •lLt1•
_
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PROPERTY LINE MAP
4
N
!/
LAIS, BANNIGAN & CIRESI, P. A.
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
5TH AND CEDAR
SAINT PAUL. MINNESOTA 35101
DONALD L. LAIS AREA CODE 612
JOH -N F. BANNIGAN. JR 224-3781
`JEROME D. CIRESI
PATRICK J. KELLY September 25, 19 81
City of Maplewood
1380 Frost Avenue
Maplewood, Minnesota 55109
Attention: Mr., Barry Evans
City Manager
Re: Industrial Revenue Bonds Counsel
Dear Mr. Evans:
I have been processing a number of Industrial Revenue Notes for the
City of Maplewood and the documents have been prepared by various
bond attorneys.
Various attorneys do use different forms, which present problems in
processing these rather voluminous documents. I have found that my
relationship with Briggs and Morgan, who represent the City on its
general obligation bonds, is excellent and that we have worked out
a system of processing the bonds which will give 'the City a much
more secure position in these issues.
Under the circumstances, I recommend that the Mayor and Council
amend the IRB requirements so as to provide that the party seeking
such bonds shall retain Briggs and Morgan as Bond Counsel for
handling the matter.
Very truly yours,
I , BANNI AN & IRESI , P.A.
v
nald L. Lais
DLL /me
cc: Mary Ippel
c/o Briggs and Morgan
A bion by Cagy -1tric i j ip
{
MINNESOTA
DEPARTMENT OF TRANSPORTATION. _
FIELD OPERATIONS DIVISION
PROJECT DEVELOPMENT
LOCATION /DESIGN STUDY REPORT
S.P. 6211 -64 (T.H. 36 at English and Atlantic Sts.)
Minn. Proj. HES 064- -1(58)
Maplewood, Ramsey County
Intersection Revision and Signal Installation
I hereby certify that this report was prepared by me or under my direct
supervision and that I am a duly Registered Professional Engineer under
the laws of the State of Minnesota.
Michael I.S. Robinson
District Traffic Studies Engineer
APPROVED BY:
Douglas H. Differt
District Engineer
William C. Merritt Date
Assistant Cormissioner
Highway Division
Registration No
Date
Date
•
TABLE OF CONTENTS
PAGE NO.
LOCATION MAPS ..... .•..••• .......................L
PROJECT IDENTIFICATION ••••• .....................3
SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PROJECT DEVELOPMENT .............. .... -............ 3
Development Path • ............................!+
Cost Estimate .. ..............................4
Project Manager ..............................4
PROJECT DISCUSSION . ........................'.....4
Background..... ..............................4
Proposed Improvements ••••• ...................b
Justification • . ..............................7
Traffic Control During Construction • • . • • • • . . .8
ENVIRONMENTAL STUDY . • . • .........................9
Noise a n d Q.1 r Quality • • • • • • • • . . . . . . . . . . . . . . . . 9
WaverQuality .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 ( f ) Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Floodplain Management .•..• ...................9
Threatened and Endangered Species ............9
Historical and Cultural Preservation ••••••..10
Right o f Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0410
Social and Economic Impact •
Disposal of Excess Material • :•••••••.•......10
PUBLIC AND GOVERNMENTAL AGENCY INVOLVEMENT• . • • ..11
EXHIBITS ........ ............................... 12
D I S T R I C T 1
� r R"
s i •ow If �. saw
_
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PROJECT IDENTIFIC
S.P. 6211 -64
Minn. Proj . HES 064 -1(58)
T.H. 36 at Atlantic and English Sts.
In Maplewood
Ramsey County
Safety Im Project
Intersection Closing, Frontage F.oaA
Construction, Turn Lane Construction, and
Traffic Signal Installation
SUMMARY
This project is being constructed as a "
temporary solution to an immediate problem.
The improvements will consist of closing
Atlantic at T.H. 36, constructing a frontage
road in the N.W. quadrant of English and
T.H. 36, upgrading the English St. South
Approach, upgrading the E.B. T.H . 36 right
turn lane, and installing a signal at
English St. The permanent solution the
construction of an interchange, is in the
District's construction program, but not
for at least five more years.
PROJECT DEVELOPMENT
The following minimal level project develop -
ment path is being proposed because no
additional right of way will be acquired
and access to abutting properties will not
change significantly. In addition, this
project meets the criteria for classification
as a categorical exclusion -as outlined in
the Federal Highway Program Manual, Volume 7,
Chapter 7, Section 2. =
—3—
i
i
f
Project Development Path:
Estimated Cost:
PDR -L /DSR, Distribution for Comments -July 2, 1981
PDR -L /DSR, Mn /DOT Staff Approval -July 13, 198:
PDR -L /DSR, FHWA Approval _ -July 20, 1981
Project Letting Date -May 28, 1932
Project Completion -Nov. 1982
i
Project Engineer for Preliminary
Design Activities:
Phone: 770 -2311, EXt. 213
PROJECT DISCUSSION
Background:
T.H. 36 is an FAU classified intermediate
arterial highway. In this area, it is an
east -west 4 -lane divided roadway with 12
foot lanes, depressed median, bituminous
shoulders (3 foot inside and 10 foot outside),
and left and * right turn lanes at Atlantic
and English Sts. The average daily traffic
on T.H. 36 is 34,000 and the speed limit
is 55 mph,
-4-
$255,000
This project is in the Department's Hazard
Elimination Safety Improvement Program.
Michael L. Robinson, P.E.
District Traffic Studies Engineer
Minnesota Department of Transportation
District 9 Office of Traffic Engineering
3485 Hadley Avenue North
North St., Paul, Minnesota 55109
Atlantic is a north -south light commerical
street. South of T.H., 36 it is a 2 -lane
bituminous road, 26 feet wide, with no curb
and gutter. North of T.H. 36, it is a 48
foot wide bituminous frontage road connection.
The average daily traffic on Atlantic is
1,700 and the speed limit is 30 mph.
English is also a north -south street
classified light commercial in this area.
South of T.H. 36, it is a 42 foot wide
bituminous road without curb and gutter.
North of T.H. 36 it is 44 feet wide with
bituminous curb. The average daily traffic
on English is 2,400 and the speed limit
is 30 mph. Both Atlantic and English Sts.
provide access to several businesses.
Atlantic. is at the crest of a vertical
curve on T.H. 36 and the sight distance
is good in both directions. Sight distance
to the east at English is good; however,
there is a blind spot that exists due
.to the railroad bridge over a sag in
T.H. 36. approximately 870 feet east of the
intersection. Sight distance under the
railroad bridge from English St. i s
approximately 1,400 feet. Sight distance
to the west at English St. is about 1,000 feet.
•
The proposed work on T.H. 36 consists of:
1) Closing and obliterating the crossover
between T.H. 36 E.B. and W.B. at Atlantic
St. and removing turn lanes and re-
shaping the median ditch and slopes.
2) Installing permanent, fully actuated
traffic signals at T.H. 36 and English.
The signal will be clearly visible to
traffic approaching from the west. Due '
to the railroad bridge , however, it
will not be visible from the east
between 1,130 and 1,530 feet from the
intersection. This poses no operational
problem because the 1,130 feet of con-
tinuous visibility is more than adequate.
3) Revising the right turn lane on E.B.
T.H. 36 at English and revising radii
and drainage to current standards.
The proposed work on Atlantic consists of:
1) Closing and obliterating the connection
from T.H. 36 to the inplace frontage
roads and reshaping ditches and slopes.
The proposed work at English consists of:
1) The revision of radii and drainage to
current standards.
2) Reconstructing English from T.H. 36 E.B.
to approximately 175 feet south of the
centerline of T.H. 36 E:.B. to accommodate
4 , • 11 -foot lanes with bituminous curb.
3) Matching the inplace bituimnous curbing
and street on the north side of T.H. 36
due to the revised radii.
r�
F;
9-
•
l
The proposed work on the North Frontage Road
consists of extending the existing frontage
road from its terminus at Atlantic St.
to a new terminus on Engl ish St. approximately
300 feet north of T.H. 36. This extension
will be approximately 700 feet in length
and will be 32 feet wide with curb and
gutter.
} All proposed work will be done in accordance
with Minnesota Department of Transportation
standards and policies.
Justification: T.H •36 and Atlantic averaged 12 accidents
per year for 1978, 1979, and 1980 with an
average accident rate 0.9 accidents per
million vehicles. The most common type of
accidents are right angle (40.0 %).
T.H. 36 and English averaged 21 accidents
per year for an average accident rate of
1.6' accidents. per million vehicles for the
same time period. Again, right angle
accidents are the most common (49 %) .
The District average accident rate for this
type of intersection (urban unsignalized
expressway) is 0.5 per million vehicles.
By closing Atlantic, traffic would be
diverted to English, thus increasing the
average accidents to 33 pe-r year and the
average accident rate to Z-3 accidents per
million vehicles for the same 3 -year time
period.
_7_
Installation of a traffic signal at T.H. 36
• and English is expected to reduce the
average accidents by approximately 22%
based upon the comparison with District
average for signalized expressway inter-
sections
The benefit -cost ratio for this project
is 1.89. Details of the analysis are
included in the Exhibits.
Traffic Signal Warrants:
Forty- eight hour counts taken at English
during April 1979 showed that sufficient
volumes are present to meet Warrant No. 2
(70 %) for 17 hours. A Signal Justification
• Report has been submitted to and concurred
with by the State Traffic EnginEZr Csee
Exhibits).
The 48 hour counts and turning movement
counts are included with this report. (See
Exhibits.)
Traffic Control During Construction: Temporary lane closures will be necessary
during construction, however, no detours
will be required. All traffic control
during construction will be in accordance
with the Manual on Uniform Traffic Control
Devices (MUTCD).
ENVIRONMENTAL STUDY
Noise and Air Quality:
{
>;l
�I
n,
r; I
L
l:l
Ti
fi
Water Quality:
Wetlands:
f
4(f) Lands:
Floodpl ain Management:
Threatened and Endangered Species:
i
i
i
Due to the minor nature of the proposed
improvements, this project is considered
unrelated to traffic noise, construction
noise, and air quality impacts.
This project will have no significant
long term effects on drainage or water
quality. Proper erosion control measures •
will minimize the impact during construction.
There are no wetlands within or adjacent
to the limits of this project.
No public parks, recreation areas, wildlife
or, waterfowl refuges will be affected by
this project.
According to H.U.D., F.I.A. maps, this
project is not located in any 100 year
floodplain.
The proposed project is within the
given in the United States Fish and
Wildlife Service Red Book, of the Artic
and American Peregrine Falcons and the
Bald Eagle. The Minnesota Department of
Transportation's wildlife biologist has
determined that this project will not
adversely impact the species or their
habitat because both Falcons and the Bald
Eagle only migrate thru tl;Le area and do not
currently nest in or adjacent to the
proposed construction limits.
-9-
Y
a �
y Ai
:j
E , � r
k
`i
Historical and Cultural
ri
Preservation:
Right of Way:
Social and Economic Impact:
Disposal of Excess Material:
This project is of a minor nature and all
construction will be accomplished within
the existing right of way. Therefore,
this.project will have no effect upon any
properties possessing historical, archi-
tectural, archeological, or cultural value
which may be included in, or eligible for _
inclusion in the National Register of
Historic Places. This determination is
documented in the Memorandum of Under-
standing with the State Historic Preserva-
tion Officer.
This project does not require the acquisi-
.
Lion of any additional right of way.
Due to the minor nature of the work
associated with this project, no significant
social or economic impacts are anticipated.
The project will not affect any religious,
work, or recreational opportunities and
will not - al ter the existing character
of the area. In addition, this project
does not conflict with any known local,
regional, or State planning.
Any excess material from this project will
be disposed of in accordance with guidelines
prepared by the Excess Material Task Force.
y
-10
PUBLIC AND GOVERNMENT AGEN IN VOL VEM ENT
�1
Due to the minor nature of the proposed
project, a public hearing will not be held.
A public information meeting will be
organized by the City of Maplewood to
explain the project to interested persons,
however.
Maplewood has been involved in the project
development to date and their ideas have
been incorporated into the proposal.
Maplewood will be asked to formally
approve the project layout and traffic
signal at English.
This project is exempt from the A -94
clearinghouse review.
—11—
z i
/L i
r
�
S-P 62-22-93(TH-61)
MILAN. PROJ. HES 0 ... ... .....
... .... .... ..
S.F 6222- 94 (TH. 61)
F—
MILAN. PROJ. F 001 -2(56)
s
FROM KOHLMAN AVE. TO COUNTY ROAD D
IN MAPLEWOOD, RAMSEY COUNTY
�'ARTb
INTERSECTION REVISION, MEDIAN CLOSURES,
TURN LANES, SIGNAL INSTALLATION
DISTRICT 9 TRAFFIC FNGlI`\lFFRlNr-, ,��iniF iAai
MINNESOTA
DEPARTMENT OF TRANSPORTATION
FIELD OPERATIONS DIVISION
PROJECT DEVELOPMENT REPORT
LOCATION /DESIGN STUDY REPORT
S.P. 6222 -93 Minn. P roj. HES 001 -2(57)
S.P. 6222 -94 Minn. Proj. F 001 -2(56)
T.H. 61- Kohlman Ave. to County Road D
In Maplewood, Ramsey County
Safety Improvement Project
Intersection Revision
Median Closures
Turn Lanes _
Signal Installation
I hereby certify that this report was prepared by me or under my direct
supervision, and that I am a duly Registered Professional Engineer under
the laws of the State of Minnesota.
District Traffic Studies Engineer
Registration No. Date
APPROVED BY:
Douglas H.- Differt, P.E.
District Engineer
Date
William C. Merritt
Assistant Commissioner
Field Operations Division
Date
TABLE OF CONTENTS
_
PAGE NO.
= DISTRICT MAP
1
" LOCATION MAP
2
PROJECT IDENTIFICATION
3
SUMMARY
3
PROJECT DEVELOPMENT
4
' Project Development Path
4
Estimated Cost
4
Project Manager
4
PROJECT DISCUSSION
5
Background
5
Proposed Improvement
7
Justification
8
ENVIRONMENTAL EVALUATION
13
Noise and Air Quality
13
Water Quality
13
Wetlands
13
4(f) Lands
13
Floodplain Management
13
Threatened and Endangered Species
13
Historic and Cultural Preservation
14
Right of Way
.14
Social and Economic Impact
14
Traffic Control During Construction
15
Excess Material
15
PUBLIC AND GOVERNMENT AGENCY INVOLVEMENT
15
Public Involvement
15
.Government Agency Involvement
15
_ A -95 Review
15
EXHIBITS
16
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D I S T R I C T
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1974
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S.P. 6.222-93
S.P. 6222-94
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PROJECT IDENTIFICATION
S.P. 6222 -93 Minn. Proj. HES 001 -2(57)
S.P. 6222 --94 Minn. Pro j . F 001-2(56)
T.H. 61 from Kohlman Ave. -to County Road D
in Maplewood and Vadnais Heights, Ramsey County
Safety Improvement Project
. Intersection Revision, Median Closures,
Turn Lanes, Signal Installation
SUMMARY
The purpose of this project is to improve
safety and traffic flow along T.H. 61 from
Kohlman Ave. to County Road D.
This project will include turn lanes at
Kohlman Ave., Beam Ave and at a service
road connect-ion north of
Bemm, Ave. Bus
pullouts.. will be constructed at Kohlman
Ave., Beam Ave., and County Road D. The
median crossover at County Road D will be
closed to all movements except northbound
left turns. Three other median crossovers
will be closed completely. A permanent
five phase signal system will be installed
at Beam Ave., which will require some
channelization revisions.
PROTECT DEVELOPMENT
4 _
The following minimal level project develop -
ment path is being proposed because no
•
addition. 1 right of way will be acquired and
' =
access to abutting properties will not
significantly change. In addition, this
project is exempt from further environmental
assessment because it meets the criteria for
a categorical exclusion as outlined in the
Federal Highway Program Manual, Volume 7,
Chapter 7, and Sec-ion 2.
Project Development Path:
PDR -L /DSR, Distribution for Comments -June 26, 1981
PDR -L /DSR, Mn /DOT Staff Approval -July l.7, 1981
Project Letting Date _ -Feb. 26, 1982
.
Project Completion -Oct. 1982
Estimated Cost:
Roadwork - $121
Signal Installation - $90,000
Project Engineer for
Michael L. Robinson
Preliminary Design Activities:
District Traffic Studies Engineer
District 9 Office of Traffic Engineering
Minnesota Department of Transportation
3485 Hadley Avenue No.
North St. Paul, Minnesota 55109
'
r
Phone: 770 -2311, Ext. 213
4 _
PROJECT DISCUSSION
' Background: -
In thearea of this project, T.H. 61 is
classified as a minor arterial highway. It
is a four -lane divided, ruxal expressway
r,
design, concrete roadway ,
g y with 12 foot lanes
j --
depressed median, and bituminous shoulders
Ii
• - (4 foot inside and 8 foot outside) . The
+I
f
traffic volume is 15,000 vehicles per day
and the speed limit is 55 miles per hour.
V •
Kohlman Ave. is a 24' bituminous residential
street that tee's into T.H. 61 from the
east. It also provides the main connection
to a short section of service road which
it
serves several businesses and homes. There
are no inplace turn lanes, however, there
are northbound and southbound near side
_
bus turnputs inplace. -
•
Between Kohlman Ave. and Beam Ave., there
is one median crossover connecting to the
north end of the service road to the east.
It is approximately 700' south of Bears Ave.
=
There are no turn lanes inplace.
Beam Ave.. to the east of T.H. 61, is a
4 -lane non- divided bituminous roadway with
it
'
12' lanes and 8' paved shoulders. The
traffic volume is 4,000 vehicles per day
_
and the speed limit is 50 miles per hour.
Also to the east, Beam Ave. is the main
connection from T.H. 61 to- a large commercial
development area. To the West, Beam Ave.
-
is a 24' bituminous deadend street serving
approximately 10 homes. There are northbound
- 5 -
and southbound left turn lanes and a north-
bound right Turn lane inplace. There is
also a southbound near side bus turnout
inplace.
Between Beam Ave. and County Road D, there
are three median crossovers. The southern
crossover serves one business to the west
and two homes to the east. There are no
turn lanes inplace; however, there are near
side bus turnouts both northbound and south-
bound. The middle crossover provides a
connection to the south end of a service
road to the west and a business entrance
to the east. There are no turn lanes
inplace. The northern crossover provides
a connection to the north end of the
service road to the west and a field -type
entrance to the east. There are no turn
lanes here either.
County Road D is a 24' bituminous residential
strtet with a. traffic volume of 2,100
vehicles per day and a speed limit of 40
miles per hour. There are southbound right
and left turn lanes with a bus turnout
adjacent to the right turn lane. Northbound
there is a left turn lane and a near side
bus turnout.
-
Proposed Improvements: The proposed improvements along T.H. 61
• consist of the following:
1) At Koh lman Ave.' - Construct southbound
left turn lane, northbound right turn
lane and far side bus pullout, and
remove near side bus turnout.
2) Remove crossover approximately 700' south
of Beam Ave.
3) At Beam Ave. - Construct southbound right
turn lane and northbound and southbound
far sidle bus pullouts. Remove southbound
near side bus turnout. To the east,
widen the northbound to eastbound right
turn radius and revise the channel izat ion
islands. Also, revise the median cross-
over. Install permanent five phase
signal system. .
4) Remove crossover approximately 1,200'
• north of Beam Ave.
5) At crossover approximately 1,600' north
of Beam Ave. - Construct northbound
and southbound left turn lanes.
5) Remove crossover approximately 600'
south of County Road D.
6 ) At County Road D - Remove southbound
near side bus turnout. Construct south-
bound far side bus pullout. To the
west, construct widenings and channeliza-
tion island. In the median, construct
raised island and remove southbound left
s turn lane.
Also, Ramsey County is the closing
of the bridge on County Road D under the
•
railroad tracks east of T.H. 61. This
would eliminate nearly -all traffic on
County Road D east of T.H. 610
+ - All of the proposed work i -s in conformance
with current Mn /DOT and AASHTO guidelines.
Justification: Exhibits 1--7 show the accident experience
along this section of T.H. 61 for 1977 -1980.
Expected accident reductions are also
shown for -each locat ion
T.H. 61 at County Road D has been identified
as a high hazard location. For the years
1977 thru 1980, this intersection averaged
15 accidents per year at an average annual.
rate of 2.3 accidents per million vehicle •
miles. This _rate is more than four times
*the District average.
Under this project, all crossing traffic and
southbound to eastbound left turns will be
eliminated at County Road D. These vehicle
movements were involved in 75% of the
accidents at this intersection. It is
estimated thaw 65% of the accidents will
be eliminated at this intersection.
With the closing of the median crossover
at County Road D, it is anticipated that
a large portion of the 2,q00 vehicle per
day volume from County Road D will move
to the Beam Ave. intersection with T.H. 61.
For the years 1977 thru 1980, the Beam Ave.
intersection' has averaged nine accidents
per year at an average annual rate of 1.3
accidents per million vehi�e le miles. This
rate is two times the District average
for similar intersections.
Forty -eight hour counts were taken in
February 1980 at the T.H. 61 -Beam Ave.
intersection which show sufficient volumes
are present to meet Warrant No. 1(70%)
for 10 hours and Warrant No. 2(70%) for
. 11 hours. A Signal Justification Report
has been submitted to and concurred with
by the Director of the State Traffic
Engineering Section. (See Exhibit - 8. )
Although a large redluc tion in the number
of accidents cannot be expected due to
the traffic signal installation, a
significant reduction in severity is
expected.
In order to minimize the number of
conflicting traffic movements along T.H.
61 between County Road D and Beam Ave.
one of the median crossovers will be
improved, with northbound and southbound
left turn lanes being constructed, while
the other . two crossovers will be closed.
Likewise, a southbound left turn lane
will be constructed at Kollman Ave. and
the crossover between Kohlman Ave. and
Beam Ave. will be closed.
Since it is the policy of Mn /DOT to
provide left turn lanes at median cross-
overs, the left turn lane construction
and crossover removals will bring this
section cf T.H. 61 up to standards.
The construction of right turn lanes at
Beam Ave. and at Koh lman Ave. and the
construction of far side bus pullots at
Beam Ave., Koh lman Ave., and County Road
D will further reduce conflicting traffic
movements and smooth the flow of traffic
through this area.
Based upon the type of improvement designed
for each location, estimates were made
of the expected percentage accident
reductions for the ten given types of
accidents. Accident reductions by severity
were then obtained. These expected
reductions are tabulated below (note
four year time period):
-10-
SUMIARY OF EXPECTED ACCIDENT REDUCTIONS
t
•
Expected Accident Reduction*
R.P. Cross - Street
F P.I. P.D.
-
Total
142 +00.481 Kohlman Ave.
- 0.50 0.75
1.25
142 +00.689 E. Frontage Road
- 1.25 -
1.25
142 +00.823 Beam Ave.
0.50 4.25 1.00
5.75
143 +00.010 Supper Club
1.00 2.00 1.25
4.25 •
143 +00.087 City St.
- - 0.50
0.50
_ 143+00.278 city St.
- 0.50 1.25
1.75
143 +00.391 County Road D
1.15 19.10 19.05
39.30
TOTAL
2.65 27.60 23.80
54.05
*Per 4 -year period ('77-'80
data)
Expected Annual Accident Reduction
F P.I. P.D.
Total
TOTAL
0.66 6.90 5.95
13.51
Based upon these expected
reductions in
accidents, benefit -cost ratios were cal-
culated for (1) the total
improvement from
Kohlman Ave. to County Road D, including
the signal at Beam Ave. and (2) the signal
at Beam Ave. only.
(1) T.H. 61: Kohlman Ave.-County Road D (Total Project)
a Annual Accident Benefit
= (0.66) ($ 120 , 000) + (6. 90) ($10, 000) + (5. 95-) ($1,100)
r
= 79,200 + 69 + 6
_ $154,745
' Annual Cost = (Present Cost) (Capital Recovery Factor)
Discount Factor = 6%
-
Life = 14 years
CRF = 0.10758
Present Cost = $2113000
Annual Cost = ($211,000) (0.10758)
_ $22,700
Benefit -Cost Ratio = Annual Benefit = $154
Annual Cost $22,700
= 6.82
(2) T.H . 61: At Beam Ave. (Signal)
Annual Benefit = 0.25 E (O.5)($120,000) + (4.25)($10,000) +(1.00)($1
• = 0.25) r60,OOO + 42,500 + 1
_ (0.25)(103,600) _
$25,900
Annual Cost = (Present Cost) (CRF)
Discount Factor = 6%
Life = 14 years
CRF = 00 10758
Present Cost = $90
Annual Cost = ($90 000) (0. 10758)
_ $9,680
.Benefit -Cost Ratio = . $25,900
$ 91680 2.68
NOTE: If the fatal accident reduction is included as personal- injury reduction,
the benefit -cost ratio is 1.26.
-l2-
a r
i
• ENVIRONME STUDY
Noise and Air Quality:
Water Quality:
Wetlands:
4(f) Lands:
Floodplain Management:
Due to the minor nature of -the proposed
improvements, this project--:-i's considered
unrelated to traffic noise construction
noise and air quality impacts.
This project will have no significant
long term effects on drainage or water
quality. Proper erosion control measures
will minimize the impact during construction.
There are no wetlands within or adjacent
to the limits of this project.
No public parks, recreation areas, wildlife
or waterfowl refuges will be affected by
this project.
According to HUD, FIA maps, this project
will not affect any 100 year floodplain.
Threatened and Endangered Species: The proposed project is within the ranges,
given in the United States Fish and
Wildlife Service Red Book, of the Artic
and American Peregrine Falcons and the
Bald Eagle. The Minnesota - Department of
Transportation's wildlife biologist has
— 13 —
determined that this project will not
adversely impact the species or
their habitat because both Falcons and
the Bald Eagle only migrate thru the area
and do not currently nest in or adjacent
to the proposed construction limits
along T.H. 61
Historical and Cultural Preservation: This project is of a minor nature and all
construction will be within the existing
right of way. Therefore, this project will
have no effect upon any properties
possessing historical, architectural,
archeological, or cultural value which may
be included in, or eligible for inclusion
in the National Register of Historic Places.
This determination is documented in the
Memorandum of Understanding with the State
Historic Preservation Officer.
Right of Way: This project does not require the acquisition
of any additional right of way.
Social and Economic Impact: Due to the minor nature of the work
associated with this project, no significant
social or economic impacts are anticipated.
The project will not affect any religious,
work, or recreational opportuniities and
will not alter the existing character `
of the area. In addition, _this project
E
does not conflict with any known local,
regional, or State planning-
14 —
4 t"
Traffic Control During Construct'
uction: TZaffi.c will be maintained on all
roads
during construction with
lane closures
used as needed. No detouY"s •
of traffic
' are anticipated. All tray_ fic co
_ ntrol
during construction will
be in accorda,Tce
with the Manua on Uniform Traffic
l Control
k
{ - Devices (MUTCD) .
t
Excess Material:
Any excess material from this pro • wi
wi ll
be disposed of in accord
ance with the
guidelines prepared b the Excess xcess Material
' Task Force.
PUBLIC AND GOVERNMENTAL AGENCY
_ I NVO LVE;KE NT
Maplewood, Vadnais Heights
• g and Ramsey
County have had considerable input into the
design of these improvements. P s. Due to the
minor nature of the proposed ro
P sect, a
public hearing not be offered •
will however ,
a public informational meeting • tang w i l l be
held`to present the r •
p o�ect to
in
persons . Approva of the project ec t wi
� I1 be
requested from the cities and coun
This project is exempt
fr •
om A -95 c 1 ear ing
house review.
—
15—
C7: /
MEMORANDUM
TO : City Manager
e h
FROM Director of Public Works} -{
T t.1
: i,J 4.
DATE September 24, 1981
SUBJECT HIGHWAYS 36 and 61 SAFETY IMPROVEMENTS
Attached are sections from MnDOT reports addressing safety
improvements on T.H. 36 at English and Atlantic Streets; and
on T.H. 61 from Kohlman Avenue to County Road "D."
It is suggested that each report be considered separately
by the Council. The proposed improvements along Highway 36
have been the subject of a number of meetings with interested
businesses in the area. Concern over loss of access has been
discussed. As a result of these meetings, staff recommends
the following changes in the proposed improvements:
1. Right turns in and out of southbound Atlantic Street be
allowed.
2. Signs be erected at locations and with language satis-
factory to the business community and the City Engineer to
inform drivers that English Street is the access to the Front -
age Road businesses.
The second project to consider is located along Highway 61.
Staff has reviewed the proposed improvements and recommends
the City Council approve the project as proposed by MnDOT.
/mb,
k '
MEMORANDUM
TO: Planning Commission
FROM: Director of Community Development Ac l on by Council:
SUBJECT: Highway Safety Improvements _
DATE: July 16, 1981 f d
BACKGROUND"''�
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 awned interest in real property within the municipality shall
be acquired or disposed of, nor shall any capital improvement be author-
ized by the municipality or special district or agency thereof or any other
political subdivision having jurisdi within the municipality until
after the planning agency has reviewed the proposed acquisition, disposal,
or capital improvement and reported in writing to the governing body or
other special district or agency or political subdivision concerned, its
findings as to compliance of the proposed acquisition, disposal or
improvement with the comprehensive municipal plan.
Please refer to the enclosed letter from the Director of Public Works, which
outl the specifics of the two p being proposed by the Minnesota Depart-
ment of Transportation (Mn/DOT). Construction is scheduled for 1982. Copies
of the affected neighborhood plans are also enclosed.
Recommendation
That the Planning Commission make a finding that the proposed Mn /DOT improve-
ments do not conflict with the Maplewood Land Use Plan.
Ertl osu res :
1,,— from Director of Public Works
2. Neighborhood Land Use Plan Maps
MEMORANDUM
TO: DIRECTOR OF COMMUNITY DEVELOPMENT
FROM: DIRECTOR OF PUBLIC WORKS A4
DATE: July 14, 1981
SUBJECT: SAFETY IMPROVEMENTS FOR
HIGHWAY 36, and HIGHWAY 61
The Minnesota Department of Transportation has
submitted two reports to the City for comment.
Both reports address safety improvements. The
first along TH - 61 from Kohlman Avenue to County
Road "D ", and the second TH -36 at English and
Atlantic Streets.
The improvements along TH -61 will include turn
lanes at Kohlman Avenue, Beam Avenue, and at a
service road connection north of Beam Avenue .
Bus pullouts will be constructed at Kohlman
Avenue, Beam Avenue and County Road Do The
median crossover at County Road D will be closed
to all movements except northbound left turns.
Three other median crossovers will be closed
completely. A permanent five phase signal
system will be installed at Beam Avenue, which
will require some channelization revisions.
The improvement on TH -36 is being constructed
as a temporary solution to an immediate problem.
The improvements will consist of closing Atlantic
at TH -36 , constructing a frontage road in the
No W, quadrant of English and TH- 36 , upgrading
the English St. South Approach, upgrading the
E,B. TH -36 right turn lane, and installing a
signal at English Street. The permanent
solution, consturction of an interchange, is in
the District's construction program, but not for
at least five more years.
/mb
City staf f has reviewed the proposals and concur
with the reports' recommendations.
It is recommended that the Planning Commission
make a f finding that the propose -d Mn DOT improve-
ments have no effect the Comprehensive Land
Use Plan,
Vadnais Height
oe��
.. i - 694
. ..-- ---_ - ; p r r�cr p aI a rterial m-- .
COUNTY Y --�'�#
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LITTLE CANADA
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BEAM AVENUE
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NEIGHBORHOOD LAND USE PLAN
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- --� _ — _ -.�5 �— C� er j ., 1i�,�i:: �,.'• � �'
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major collecfor" _ -+.
1 ' i - �- - -•�l � ._7 Lam. _ i_1 •• t.. .1 1 - \ .= - •�
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major collectors ' i ---- 13RIS HS I1ON3
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� S'P erwood G enl
ma e wood N'EIGHBORNIND LAND USE P L P1 I,
C. Highway 61 Improvements
Secretary Olson said all capital improvements have to be found
r by the Planning Commission as consistent with the Comprehensive Plan.
The Highway Department has proposed an upgrading of Highway 36 at
English Street and Highway 61 from Kohlman to County Road D.
Commissioner Ki shel moved the P1 anni nq Co. mm . ski o �comm r .� t� tja
City Council that the propo Mr�fDQ� ghwa P P
SP 6211 -64 and Highway 6 Project SP 622 -93 do not conf wit t he
Ma plewood La nd Use Plan,
Commissioner Barrett seconded Ayes - al l
cT a/
M EMORANDUM
T
FROM:
DATE:
CITT" -r "Mnm
City Manager
Assistant City Engineer
September 24, 1981
PARKING RESTRICTIONS
BROOKVIEW DRIVE
J
IR 2 r G �✓
a
The resident at 2700 Brookview Drive has informed us that
on numerous occasions the Tractor - Trailers from Merit
Chevrolet have been encroaching on the boulevard adjacent
t0 his house. The semi - trucks use the Brookview Drive
access for exiting Merit's property since the Century
Avenue exit does not condone immediate north bound access.
The turning radii of these larger vehicles prohibits
U -turns on Century and Brookview Drive.
The problem with the encroachment is a result of driver
carelessness and turning restrictions inherent with the
larger trucks. There are several measures that can be
done to mitigate the problem as follows:
1. Merit Chevrolet will remove several of the in-
place steel posts which Outline the Brookview
Drive access. This will provide additional
turning area for the semi- trucks.
2. Merit Chevrolet will contact the trucking firm
to adivse the drivers that further encroachment
will not be tolerated.
3. The City should restrict parking adjacent to
the Brookview Drive access form the east side
of the access to the presently restricted parking
area approximately 150 feet east. The restriction
of the parking on the north side of the street would
provide for additional room for the truck turning
movements.
RECOMMENDATION
We herewith recommend that the City Council prohibit on street
parking on the north side of Brookview Drive from the Merit
Chevrolet access to the east a distance of 150 feet.
I
RESOLUTION
RELATING TO RESTRICTED PARKING ON
BROOKVIEW DRIVE
WHEREAS, after study and due consideration of the
Staff Report, and
WHEREAS. said City Council f Inds it to be reasonable
and advisable, and
WHEREAS, the subject street is owned and maintained
by the City of Maplewood, Minnesota, and
WHEREAS, the imposing of said parking restructions
is 'in the best interest of the health, welfare and safety
of the citizens of Maplewood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows;
That the City shall restrict the parking of motor
vehicles at all times on the north side of Brookview
Drive, from the easterly edge of the Merit Chevrolet
driveway access - to the east of said access, a
distance of 150 feet*
vf
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W• ' - - - - -' I
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1 -
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LEGEND
Existing No Parking
Proposed No Parking
MEMORA
TO: City Manager
FROM: Director of Public Works
DATE: September 24, 1981
SUBJECT: NO PARKING - LARPENTEUR AVENUE,
WHITE BEAR AVENUE TO KENNARD STREET
Attached is a Police Report concerning a public safety hazard
on Larpenteur Avenue. West of White Bear Avenue Larpenteur
Avenue is two lanes each direction to Kennard Street. The
pavement then narrows to one lane each direction. There is
also a hill in this area that limits sight distance. The
..limited sight distance and elimination of a traffic lane
presents some confusion for drivers. Parking in this area
only aggravates this situation.
It is recommended the City Council request Ramsey County
designate Larpenteur Avenue from White Bear Avenue to Kennard
Street a No Parking" zone.
KGH /mn
PAGE 2 CASE NUMBER 81- 011340
Greeley - - -- '
Larpenteur and Flandrau.
C.
7
MEMORANDUM
TO ; City Manager J
FROM • Finance Di rector r ; �" '' J
,�. {' '. A, �1.,_
RE Ordinance on State Aid for Streets (First Reading) _
DATE: September 23, 1981 E'"
PROPOSAL
It is proposed that an ordinance be adopted which will allow the use of state
street construction aid for the asphalt overlay program.
R A M CR OUNT)
Annually the City is apportioned an amount from the Municipal State Aid Street
Fund which is administered by the Minnesota Department of Transportation.
This annual allotment is for the maintenance and construction of state aid
designated streets within 14a.plewood. Part of each year's allotment is auto-
matically sent to the City to cover principal and interest payments on the
State Aid Bonds of 1971. The remaining allotments are released by the -state
upon their approval of specific construction projects for state aid designated
streets. When these remaining allotments are received, they are initially
receipted into the City's Street Construction State Aid Fund.
The amount of state aid to be used on an individual project is determined by
the City Council initially when the project is ordered based upon the financing
plan outlined in the feasibility study. when special assessments are levied,
the state aid subsidy for the project is again reviewed and adjusted if needed.
The state aid used for a project is recorded as a transfer from the Street Con-
struction State Aid Fund to the Special Assessment Fund,
Often times the state aid received on a project is different than the state aid
actually used to subsidize a project. The reason for this disparity is that
special assessments have to be set at rates which can be legally sustained and
state aid is received without regard to the special assessment rates. A surplus
now exists in the City's Street Construction State Aid Fund as the state aid
received on recent projects has exceeded the amount used to subsidize the pro-
jects.
In the past, all state aid received has been used only on improvement projects
for state aid designated streets. However, a recent legal opinion from the
City Attorney indicates that state aid (including the surplus which we presently
have) can be used for other projects such as the asphalt overlay program on
streets that are not designated as state -aid streets. A copy of his opinion is
attached. Section 506.03 of the City's present ordinance (copy attached) will
have to be amended to allow for an expanded use of the state aid money. Also,
revised wording is needed to clarify Section 506.020. Attached is a proposed
ordinance to make these changes.
Adoption of this ordinance is needed in order to continue the asphalt overlay
program in 1982. The amount needed for the overlay program in 1982 has not
been determined yet. However, after the amount needed is calculated, the amount
can be appropriated and expanded directly out of the City's Street Construction
State Aid Fund. The appropriation does not have to be done at the time the
City's 1982 Budget is adopted because this fund is a Capital Projects Fund and
not part of the annual operating budget.
RECOMMENDATION
It is recommended that the attached ordinance be approved for first reading.
-2-
LAIS, BANNIGAN & CIRESI, P. A.
ATTORNEYS AT LAW
409 MIDWEST FEDERAL BUILDING
STN AND CKDAR
SAINT PAUL. MINNESOTA 155101
DONALD L. LAIS AREA CODE 612
JOHN F. BANNIGAN. JR 224-3781
J EROM E 0. CIRESI Q
PATRICK J. KELLY September 17, 19 81
Mr. Barry Evans
Maplewood City Manager
1380 Frost Avenue
Maplewood, Minnesota 55109
Re: Use of Municipal State Aid Funds
Dear Mr. Evans:
You asked whether or not the City of Maplewood could utilize State
aid funds for payment on other projects such as street .overlay.
.Minnesota Statutes 429.051 reads in part as follows:
"The cost of any improvement, or any part thereof, may
be assessed upon property benefitted by the improvement,
based upon the benefits received, whether or not the
property abuts on the improvement and whether or not any
part of the costs of the improvement is paid from the
county state aid fund, the municipal state aid street
fund, or the trunk highway fund".
The Supreme Court held that the Statute was valid. This was in
the case of Piche v. Vi'llage' of Shoreview 155 NW 2d 905.
In view of the above, it should be clear that the City, where qualified
to collect state aids, may do so and, on such streets, levy an assess-
ment against the abutting property and, should the money so collected
result in a surplus, the surplus, even though derived from state
aid funds, may be used by the City in its other public works such
as a street overlay project.
The City Ordinance No. 506.10 would have 'to be amended to allow
for the City of Maplewood to utilize the funds a separate matter.
I am attaching a suggested Amendatory Ordinance.
Very truly yours, -
, BANN I RE S I, P. A.
Donald L. Lais
DLL /me
Enc.
ORJ)I:NANCL" N0, 35
AN ORDINANCE ATTENDING THE MAPLEWOOD
CODE BY ADDING A NEW CHx'1�' 506
ESTABLISHING A STATE AID STREET CONSTRUCTION FUND
IT IS HEREBY ORDAINED BY THE COMCIL OF THE VILLAGE OF riAPLEWOOD AS
FOLLOWS
Section 1. The Maplewood Code is hereby amended by adding a new chapter
506 to read as follows:
506.010. There is hereby establ.l.shed a State Aid Street Co nstruction Fund
to be administered by the Village Manager,
506.020. All moneys collected on State Aid projects in excess of the aci-ual
cost of the project shall be deposited in said State Aid Street Construction Fund,
506.030. The moneys so collected and deposited shall be expended only for
State Aid projects and those projects immediately related thereto upon recommend-
ation the Village Manager and authorization by the Village Council by resolution.
506 The Village Manager is hereby empowered to adopt rules and regulat-
ions concerning the administration of the Fund, subject to approval of the Village
Council,
Section 2. This ordinance shall take effeeL and be in force from and after
its passage and publication.
Passed by the Village Council of the
Village of Maplewood this 6th day of
December, 1973.
Mayor
Attest:
r
Y llla -
e Clerk
ORDINANCE NO,
AN ORDINANCE AMENDING THE AMPLEWOOD
CODE, CHAPTER 506
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS
FOLLOWS:
Section 1. Chapter 506.020 and 506.030 is hereby amended to read as
follows:
506.020. All monies received from the Municipal State Aid Street Fund
administered by the Minnesota Department of Transportation shall be deposited
in said State Aid Street Construction Fund.
506.030. The monies so collected and deposited shall be expended only
for street improvement projects upon recommendation of the City Manager and
authorization by the City Council by resolution.
Section 2. This ordinance shall take effect and be in force from and
after its passage and publication.
Passed by the Council of the City of Maplewood
this day of , 1981.
Mayor
ATTEST:
Clerk
II!
TO Mayor and City Council
FROM Barry R. Evans, City Manager
SUBJECT: Council Chambers Sound System
DATE September 28, 1981
Attached is a proposal from Hi -Fi Sound to improve the sound system in
the Council chambers. You have been using a portion of the system at
Councilmen Anderson and Nelson's seats along with an equalizer which
was also on loan.
We have found during the test that there has been an improvement in what -
we hav been able to record on the tapes.
Prices were also received from Electronic Design Co. Their prices ranged
from $4,368 to $6,214 and include items which appear to be unnecessary.
I would recommend that we accept the proposal of Hi -Fi Sound and that
you authorize the transfer of $1,344 from the contingency fund.
f-
r
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BFI i✓Y td './ iN+. iiM. �. wrM +M.f�s.s�at.w!.n..Y.��.....w..a s�
Proposa
Proposal No.
H f
FROM 1 �a �'�
Sheet No.
1
Date
/
�
, 3 3 7 -6,3 5 -
Proposal Submitted To
Work To Be
Performed At
Name
Street
_ rS
City
_ State —
Street t'
City
Date of PI ' s
State
Architect_ `
Telephone Number - 7 7e;
We reby propose to furnish all the materials and perform all Ae labor necessar for the completion of
'
40.10 Ae . e
L44 1 e- r, e� tA
C_ e 4
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All material is guaranteed to be as specified, and the above work to be performed in
accordance with the drawings
and specifications submitted for above work and completed in a substantial workmanlike
manner for the sum of
Dollars ($ 1. 33e, I,
with payments to, be made as follows:
Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other necessar insurance upon a ove work. W r
en's Compensation and Public
Liability Insurance on above work to be taken out by
Respectfully submitted
Per V 0 ;
Note This proposal may be withdrawn by us if not accepted within d days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Accepted Signature
Date Signature
TOPS FORM 3450 0 LITHO IN U. S. A.
IV
QUOTATION CONTINUATION
ELECTRONIC DESIGN COMPANY
2958 Cleveland Avenue No. St. Paul, Minnesota 55113
Phone: (612) 636 -3550
YOUR OWN
PHONE SYSTEM
TO
Barry Evans
QUOTATION NUMBER
1029
DATE
6/24/81
PAGE OF
3 3
ITEM
QUANTITY
PART NUMBER/ DESCRIPTION
These ALTERNATES could effectively be packaged as follows:
1. Speakers in Seati Area $ 862.00
Automatic Mixer 3
Microphones 1
TOTAL $6
2. Speakers in Seating Area $ 862.00
Automatic Mixer 3
'
Use Lavalier Microphones - --
TOTAL $T 368_. 00
3. Speakers in Seating Area $ 862.00
Philips Conference System 3
$
Alternate to above Options 1 and 2:
Equalizer - $1,341.00
Alternate to any of the above options:
Hallway Speakers - $156.00
NOTE: ALL PRICES ARE SUBJECT TO STATE SALES TAX.
CITY OF
MAPII
1380 FROST -i"T- N IJ E M .A I'I,I IN "00I), MINNESOTA x,5109
HUMAN RELATIONS COMMISSION 770 -4500
September 8, 1981 _
To: Mayor John Greavu f r
City Council Members DO,
From: Maplewood Human Relations commission
Re: Amendment to Ordinance No. 405
At its regular meeting held September 1, 1981, the Maplewood
Human Relations Commission passed a motion to amend the above
Ordinance which deals with Section 208 of the Maplewood Code
relating to the Human Relations Commission:
Motion was moved by Commissioner Haynes, seconded by
Commissioner Lynch, that City.Ordinance No. 405
governing composition of the Human Relations Commission
be changed to read:
THE COMMISSION SHALL CONSIST OF NINE (9) MEMBERS
to be appointed by the Mayor by and with the advice
and consent of the Council.
Motion carried unanimously.
The change in Commission membership will allow for additional
citizen participation.
The Commission feels that an increased interest in human rights
warrants such a change.
HRC /pw
41 ORDINANCE N0 4 0
AN ORDINANCE AMENDING SECTION
ION
208 of THE iMPI.E:,OOD CODE . . •
RELATIi�G To R1111%11N RELATIONS C01MMISSI
ON
S .
T;
TIRE CITY COUNCIL OF TIIL' CI1'1' OF r1nPLEt•
f •' o0D DOES HEREBY ol:llAlN AS FOLLOWS
Sect - ion 1. That Section ^08.030 is hereb amended to read as follow
11 208 , 0 30 o APPOINTMENTS P
ROCEDURE. The Comm shall consist
niemtie to be appointed by the or by and t of seven (7)
a i Counci3; Member with the advice and consent of the
Members or the Commission shall be appointed with d
fitness for the efficient di dispatch Ue regard to their
s
h of
. . P the functions, potters and duties vested
ic Commission. Hembers in
and imposed upon t
of the Commission h
sall be appointed -
- for terms of tR�ree 3 -
) years, except that any p erson ap pointed •
occ P to fell a vacancy
urring
prior to the elpirarion or the term for which his '
was appointed shall be appointed o °r net_ predecessor
my for the rem. index of such 1
term. Upon the
f' expiration of his or her re
rm of office
e a member shall continue EO serve un
pointed and shall 11
his or her seccessor is ap
• all Rave qualified. The first commission
shall consist of three C3) m2Moer
s for a term or two (2) years, and two
for a. term of � 1 ( ) members
one .
C ) year. The mem
pensation and may be removed from of bers of the Commission -
shall serve without com-
h f ice f or cause by the Mayor. "
Section 2. This Ordinance shall '
r take effect and be in force from and after
its passage and publication.
Passed by the City Council of the
City of Maplewood, this loth da
of October 1.976 Y
• Hayor
Ayes - 5
Nays - 0
cto PA..,
q76 .
MEMORANDUM
TO: City Manager
FROM: Director of Community Devel o.pment
SUBJECT: Plan Update Amendment
LOCATION: Lydia Avenue, Ariel Street, and County Road D
APPLICANT: Councilman - Bastian
DATE: September 18, 1981
SUMMARY OF THE PROPOSAL
Acti Qn by
r �
� '.2
f E r `
1. Amend the Plan Update to change the Rh, residential high density, Rm,
residential medium density, and SC, Service Commercial to RL, residential
lower density between Lydia Avenue and Woodlynn Avenue, east of Ariel Street.
2. No specific development has been proposed.
BACKGROUND - Southerly Site
Site Description
1. Acreage: 11 acres
2. Existing Land Use: Undeveloped.
site. One parcel is land locked,
Six parcels of varying sizes comprise this
Surroundi ng land Uses
Northerly: Woodlynn Avenue and undeveloped property zoned F, Farm Residential and
planned for Rm
Southerly: Lydia Avenue and single - family homes
Easterly: Single - family homes
Westerly: Ariel Street and the Maplewood Plaza
4-9-79: Council approved a Plan amendment from Rm to Rh for a portion of this site
(see property Line Map). The original proposal was to include the parcel to the
east, but Council felt it should remain Rm to se as a buffer for the single-
family development. The purpose of the amendment was to allow development of an
- elderly housing project.
BACKGROUND - Northerly Site _
Site Description
1. Acreage: 5.6 acres
2. Existing Land Use: one single-family dwelling fronting on County Road D
3. Easements: This site abuts the NSP power line easement
Surrounding Land Uses
Northerly: County Road D, single- family dwellings and a storm water holding pond.
Southerly: NSP power line easement and undeveloped property zoned F and planned
Rm
Easterly: Undeveloped property zoned F and planned Rm
Westerly: Ari el Street and the Learning Tree Day Care Center
DEPARTMENT CONSIDERATIONS
P1 anni ng
1. Land Use Plan Designation: Southerly.Site: Rm, Rh and SC
Northerly Site: Rm
2. . -des i denti al land use classifications.
RL - Primarily planned for single-family dwellings , however, an occasional
double - dwelling may be allowed. The maximum population density i's
14 persons per net acre.
Rm - This classification is designated for such housing types as single-
family houses on small lots, two - family homes, townhomes , and mobile
homes, The maximum population density is 22 people per net acre.
Rh - This classification i s des i.anated for such housing types as apartments,
two - family homes, townhouses , nursing homes, dormatori es , or elderly
housing. The maxi mum population density i s 34 peopl e per net acre.
3. The following i s an example of the number of units that could be constructed
on the southerly site under various land use classifications:
1. RL for the entire site: 38 single - dwelling homes
2. Rm for the entire site (_the SC area is calculated as Rm property) : 66
townhouses (2'and 3 bedrooms)
3. Rh /Rm for the entire site (the.SC area is calculated as Rm property):
87 townhouses (_2 and 3 bedrooms)
4. The housing goals in the Comprehensive Plan state that: all housing
within the community should be flexible to provide for a_ wi de choice
of either rental or ownership type of housing (4.6, page-45).
5. Zoning: F (both sites) y
- 2.-
Public Works Considerations
While services are sized and spaced for multiple development on Lydia Avenue,
converting to single - dwellings would not result in digging up the street.
Ana1ysi s
The Rh designation was originally done to allow for an elderly housing project.
This project is no longer anticipated. A conventional Rh development would be
out of character with the neighborhood. It, therefore, seems reasonable to
change the Rh to Rm.
The Rm designation was part of the original 1973 Plan. There does not seem to
be any significant reason to change this. If neighbors are concerned with
apartment development, the property could be rezoned R -3C, which would limit
it to townhouse or quad development.
Reconi on-
10 Approval of an amendment to the southerly site changing the Rh -designation
to Rm on the basis that:
1. Rh is not consistent with the character of the area.
2. The elderly housing for which this designation was attached is no
longer planned for this site.
II. Retain the Rm designation on the southerly site, on the basis that:
1. There have been no changed conditions from the original Plan.
2. The Rm designation would maintain the option for a wider variety of
housing in that area
III . Amend the westerly portion of the southerly site from SC, Service Commercial
to Rm, Residential Medium Density on the basis that:
1. Nn is more consistent with the character of the area
2. The previous Rh is no longer there requiring the SC buffer
Enclosures:
1. Location Map
2.-_ ,Property Line Map
3. Land Use Map
3
w
(�) N. Mr. I cn ..
'3) BAENw000 CURVE
(4) E BRENNER AVE
WHITE BEAR LAKE p ;5) N CH,PPE C T.
6 0 (6' N. BARTELMY LA.
(T ) N MA RY CT.
RO AD — --;
RADAT
� 31A NU
"PLE LAN t ►) 13) ✓
AM A.V
MAPLEYIEW AYE 70
L-2 (1.) MAPLE LANE
T 68 (2 . CH! PPE WA CIRCLE
►= ,3. CHIPPEWA AVE.
NORTH ST. PAUL
ar
W c
] W
Q
W KOHLMAN AVE.
23
2640 No
J~
EDGEHIL.L RD.
c 65
� J
A V E.cc W
To � 3
AV 11 AVE.
VA► AV
2400 N
36
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T2DN � z
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19 it<
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i
LOCATION MAP
4
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94
. 11 ..... .......
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pot
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ARNING
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11.459 It 643 32 N
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.1129 is 10 11012 5') of Ilk
74 A
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PLAN
MAPLE-WOOD / k-.�- r
PL - CHANGE
RM- RH
/
Ot I � ' It. l 1 � C
PROPERTY LINE MAP
w p 1A v
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-
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PROPERTY LINE MAP
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A. Plan Amendment - Woodlynn, Lydia, County Road D
Secretary Olson read the notice of public hearing. Secretary Olson said
it is proposed to change the Rh, Rm, and SC land use designations to RL
Staff's recommendation is outlined in their report.
Chairman Axdahl asked if the proponent would l i k e to speak at this time.
Gary Bastian, 2997 Chisholm Parkway, said the surrounding property owners
are interested in seeing the Land Use Plan designation changed for the property.
They were concerned with removing the SC designation as it was felt the
designation should end at the Maplewood Plaza site. The neighborhood does
not wish to see anything more dense than townhouses.
Chairman Axdahl asked if there was anyone else present who wished to
comment on the proposal.
Dale Newland, 2975 Frederick Parkway, said there are several people
present at the meeting from the neighborhood who are in favor of the
proposal. The Concordia Arms is already a High Density residential use
in the neighborhood. They would support the staff recommendation.
Hugh Sontag, 2963 Chisholm Parkway, said the people on their cul-de-sac
are also in favor of a medium density development. He would like to see
the zoning R -3C which would restrict the size and. densi ty of the units.
Chairman Axdahl asked if there was anyone opposed to the proposed change.
Robert Ha j i cek, 1700 E. County Road D, said their family owns the
property directly east of Ariel Street from County Road D to almost Lydia
Avenue. The property has been in the Land Use Plan as commercial, as is
the roadway constructed for commercial. There is a need for a buffer
between the commercial property and the residential, therefore, he thought
the property to the east of the commercial property should be designated
high density from County Road D to Lydia. He felt the property should
remain designated SC.
Gary Bastian said at the time the first Comprehensive Plan was
developed, Chisholm, Frederick, Beebe Parkways were all designated for
a. higher land use than single family. Past actions have shifted the
density. There is not much of a buffer area between the low density
and the Maplewood Plaza, If the SC designation remains east of Ari el ,
needs for additional buffer zones are created.
Ray Hoight, 2993 Furness, said there is presently a lot of commercial
development along White Bear Avenue, North of Beam Avenue. A lot of
store spaces are presently vacant. He thought there was sufficient
commercial development in the area, and further development should be
limited to residential,
Chairman Axdahl closed the public hearing portion of the meeting.
Conni ssioner E1 lefson asked what Staff's recommendation was for the
northerly site*
Secretary Olson said Staff recommends to leave the existing designation
on the property.
Commissioner Whitcomb moved that the Planning Commission recommend
approval of an amendment to e sou er y site c anging the R designation
to Rm on the basis that:
1. Rh is not consistent with the character of the area.
2. The elderly housing for which this designation was attached is no
longer planned for this site.
Commissioner Fischer seconded Ayes - all
Commissioner Whitcomb moved the Planning Commission recommend the
Rai designation be retained on the southerly site, on the basis that:
i
1. There have been no changed conditions from the original Plan.
The Rm designation would maintain the option for a wider variety
of housing in that area,
Commissioner Fischer seconded Ayes - all .
Commissioner Whitcomb moved the Plannin Commission recommend to amend
the westerly orti on of the. southerly site from SC, Service Commercial to
Rm, Residential Medium Dens i ty.on e asi s tat
l ..
_..Rm
is._more 'consistent
with the character of the area
2.
The
previous Rh is no
longer there requiring the SC buffer
Commissioner Fischer seconded Ayes - all.
f
y
f�
V MONO 17
MEMORANDUM.
TO: City Manager --
FROM: Director of Community Development
• Plan Amendment (Current P1 an and P1 an Update
LOCATION: I -494 and Century Avenue
Staff
�y.r
APPLICANT: City --
DATE: September 17, 1981
Request
p
Amend the current Plan
and Plan Update to omit the interchange proposed at 1-494
and Century Avenue
Surrounding Land Uses
1. The ro ert on the northwest side of the interchange is planned for SC,
p p Y
Service Commercial . Only the southwest corner of Hi ghwood Avenue and
Century Avenue is zoned Commercial. (See enclosed Highwood Neighborhood
Plan.)
20 The southeast side of the interchange is planned for RL , Residential Lower
Density and zoned R-1, Residence (Single Dwelling) . (See enclosed Carver
Ridge Neighborhood Plan.)
Past Actions
1. Woodbury posed an interchange at Carver Avenue and I -494 in their trans-
porta . Y P ro P
tion p lan, rather than at Century Avenue. (See enclosed plan).
recently approved a residential development, called Lakeridge, at
2' - Woodbury Y pp
the southeast corner of I -494 and Century. This developmen t would include
land needed for a Century Avenue interchange. An environmental assessment
worksheet rksheet was prepared and sent to Maplewood. Maplewood requested that no
p
action be taken until the interchange location can be resolved.
3. The sta ffs of Met Council, the Minnesota Department of Transportation, Maple-
wood, y
and Woodbury met on July 28 to discuss the interchange problem. The
Metropolitan Council staff prepared ared the enclosed report as a result of that
meeting.
4 A second meeting was held on September 3. The Woodbury and Maplewood staffs
.
f
agreed to recommend to their City Councils the deletion of interchanges at
both Carver and Century Avenues. _
Planning Considerations
n Stud ( 1979) Th Barton- Aschman Transportatio y lists the following reasons for a
Century Avenue /I -494 interchange:
1
1. A new interchange should tie into existing Century Avenue to connect logical
termini to the north and to the east,
4
2. A new i ntercha nge at Century would permit connection with a major east-west
facility serving Woodbury traffic. This appears to be feasible from both a
topographic and an environmental standpoint.
3. The existing I -494 bridge over Century Avenue appears suitabl for construction
.of a new interchange at that location.
40 An interchange at Century would discourage the use of Carver Avenue and other
east -west collectors for traffic external to Maplewood.
5. An interchange at Century may permit the protection of the wetlands area
south of Carver Lake west of Century Avenue. This can be accomplished i shed onl
P Y
by extending an east -west roadway to serve Woodbury north of Carver Lake,
Recommendations
I. Approval of the Plan amendment on the basis that:
1. The August 26 report by the Metropolitan Council staff concludes that:
"Construction of an interchange between Valley Creek Road and Highway 61
g Y
would be premature any time before 2000."
20 Federal funds are not available for an interchange. Financing would have
to come from State, County, or l o c a l sources
3. Neither Ramsey County or the State Department of Transportation show an
interchange in this area on their transportation plans,
4. The Lakeri dge development in Woodbury would make the Century Avenue
location unfeasible,
II. Amend the Plan to change the SC designation northwest of the interchange to
RL, except for the property currently zoned BC at the southwest corner of
Hi ghwood and Century Avenues, on the basis that:
1. Omitting the interchange makes it more probable that this land will develop
residentially, rather than commercially.
2. The commercial exception recognizes the existing business at Hi ghwood and
Century Avenues .
Enclosures:
1. _ Hi ghwood Neighborhood Plan Update
20 _ Carver Ridge Neighborhood Plan Update
3. , Woodbury Transportation Plan
4. Metropolitan Council Report.
i
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��` Y ✓�'O.�?' � " - - _ - `~ — = PRINCIPAL ARTERIAL
•- -SKY =� FEDERAL AID INTERSTATE
CITY of WOODBURY
TRANSPORTATION
PLAN
MINOR ARTERIAL - PRIMARY
s l ■ t COUNTY STATE AID HIGHWAY
�`� STATE TRUNK HIGHWAY
now=
Glon Road :� ■ .........
■
MINOR ARTERIAL
MUNICIPAL STATE AID STREET
COUP STATE AID STREET
, COLLECTOR
kJNICIPAL STATE AID STREET
COUNTY STATE AID STREET
INTERCHANGE
FUTURE STREET
GRADE SEPARATION
1
METROPOLITAN COUNCIL
Suite 300, Metro Square Building, Saint Paul, Minnesota nnes t
o a 55101
MEMORANDUM
AU gust g 26, 1981 _
TO: Mn /DOT District 9
City of Woodbury
City of Maplewood
County of Ramsey
County of Washi
FROM: Transportation Division, Metropolitan Council
SUBJECT: Evaluation of the Long -Term need for an Interchange
on I -494 between TH - g
61 and Valley Creek Road
BACKnRn
At a meeting h e l d Ju 28th in our offices, we agreed to p repare a st aff
4 p p
statement on the long term need for access to I -494 in the vicinity f Carver
Avenue/Century venue in Woodbu y
Y y and /or Maplewood. This memo provides an
evaluation using the Criteria for Metropolitan Highway Interchanges as d
b the Metr g y 9 adopted
y po tan Counc i l .
As described in the Metro olitan Hi2hway Interchange report, Jul 1
4 p y 979 publica-
tion No. 26 -79 -014, an interchange can be judged ' 9 of sufficient c� ent importance for
further study if it meets five General Transportation at i on Cr i ter i a . h '
l sis deals only p The
analy
• ter i a deal with need. The remaining c r i t e r i a deal with design, y y with these five criteria. This i s because the first five
cr * financing,
� ng,
traffic studies, and other details which do not come int o question if there is
not a demonstrated need.
Criteria #1 - Additional interchange capacit should be considered
supp orts r y e only
when. it su
pp re gional and l ocal comprehensive plans as defined in the
land planning act.
Method of evaluation - This criteria has been applied here i n b r eviewing
1 ans of the local y ev � ewi ng
the
p cal governments directly involved, and by reviewing the
plans of Mn /DOT and the Metro
_ pol itan Council representing the regiona
agencies.
Findings:
1. Woodbury's draft plan shows an interchange at Carver A
venue (actually
within Maplewood) Maplewood has not agreed to this. y
2. Mapl ewood's draft plan shows an interchange at Century A y e ue, (on the
border with Woodbury). Woodbury has not agreed to this.
-2-
3. Neither County has included an interchange in their transportation
plan. The Ramsey Plan has been approved by the Metropolitan Council,
The Washington Plan has not been submitted as yet.
4. Washington .County (Larry Bousquet) has indicated that they do wish to
retain access to TH -61 from Bailey Road. This is to provide linkage
to the Metropolitan system from Southern Washington County in the
vicinity of Bailey Road. For the purpose of this evaluation it is
assumed that B a i l e y Road w i l l remain connected based on indications by
District 9 that there is no plan to remove access from Bailey to TH-
i
61. There s intent to move the access point northward to where
Carver Avenue connects to TH -61.
5. Mn /DOT does not have a programmed interchange at either location nor
even a preliminary location study underway. They have indicated the
need to decide one way or the other in as much as the idea of an
interchange in this segment has been discussed for some time.
6. There is no regional transportation plan adopted by the Council that
includes an interchange in this segment. That in itself is not new
because future interchanges have seldom, if ever, been made a part of
the regional transportation plan. More s i g n i f i c a n t is the fact that
the Council, working with Mn /DOT conducted a study of the Valley View
Road and Tammarac Interchanges which was the basis for ramp and road-
way modifications expected to accompany the development of Woedale.
During that study it was specifically assumed that there would not be
an interchange at either Carver or Century Avenues. This in itself
may be accepted as strong evidence that an interchange is not a
pressing need. The other key assumptions that go with that finding
are that the development and travel would be as forecast by the
Council in the year 2000 forecast. More detail is given on this point
later in the discussion of Criteria 4.
Conclusion:
From the findings above it is clear that no adopted plan nor even concensus ro-
os l i p
a exists at the local or regional level. Addition of capacity at this
p
point in the planning process would not "support regional and local comprehen-
sive plans as defined in the land planning act."
Criteria 2 - When an interchange and related system ch an e or ram mod i f i -
cation i on i s to be construct
- p '
constructed, the operational integrity o the mainlines
must be maintained. Operational integrity i s defined ned b the forecast level
Y
of service and safety considerations for the main through roadways. The
level of service can be altered if that change i s cons i stent- with the plan
p
for the entire route.
-3-
Method of Evaluation - This criteria must be applied to a preliminary
design and analyzed . by a traffic engineer or designer. Mn /DOT has rovi ded
additional information on this. p
s. (See attached letter.) Cou�hcil Transporta-
tion staff has made a brief sujective review of the two locations on air
photos and in the f i e l d . Due primarily to the generous rights of way avail-
able along 1-494, it would appear that mainline integrity could be main-
if money were no objective. Our tentative finding would be that
this criteria could be satisfied.
Finding - Subject to more detailed analysis by District 9, mainline
integrity should not be sufficient cause to reject the idea of an
interchange in the general area being discussed.
Conclusion - Criteria 2 tells nothing about need but does not itself rule
out the opportunity to build an interchange.
Criteria 3 - The affect of an additional interchange or ramp is considered
adverse if the operating characteristics of an associated weaving section
are unsafe or not consistent with those of the mainline approaching lanes.
A quality of flow compatible with the mainline level of service must be
maintained.
Method of Evaluation - This criteria must be applied to a preliminary
design and analyzed by a traffic engineer or designer. Mn /DOT has provided
additional information on this. (See attached letter.) Council staff has
made a brief subjective review of the two locations. Either interchange
location is a mile or more from existing interchanges which should provide
sufficient weaving space. Topography in the area might not always allow
the best sight distances, but again due to generous right of way and
assuming no limit to dollars, a design should be physically possible that
would meet this c r i t e r i a .
Finding - Subject to more detailed analysis by District 9, weaving safety
and quality of flow should not be sufficient cause to reject the idea of an
interchange in the general area being discussed.
Conclusion - C r i t e r i a 3 tolls nothing about need but does not itself r u l e
out the opportunity to build an interchange.
Criteria 4 - The need for additional capacity, or additional interchanges
or safety must be demonstrated and documented before new ramps are
considered..
Method of Evaluation - A review of regional and local forecasts of develop-
t
ment and travel has been carried out by transportation staff_ using existing
traffic counts, the Metro Council 2000 Forecast and material-_ with
the local comprehensive plans. Two alternate scenarios are _assumed, the
first assumes little or no improvements to Bailey Road, Carver Road, Carver
Lake Road or Century Avenue.
-4-
This no improvement. The scenario would leave thins as the are with no or
only imited connections � g y
y e ons among these four roads. Bailey Road would not
connect to Carver nor Carver Lake Road to Century. This woId basicall
discourage east-west. traffic in the Bailey Road Corridor from Tower Drive
to TH 61. What traffic did use Bailey Road would s t i l l . access TH 61 at
grade as now. Traffic generated from the residential areas lying n on either
r th
Y 9 e
side of Carver Lake Road would go northward to Valle Creek ' or beyond t
Y y o
interchanges with I -94, in order to get on the Metro Road System. Tower
Woodlane Pioneer and Wood Y '
Woodbury Drives would d move traffic generated from
areas north of Bailey Road and lying from Carver Lake to Colby Lake . T h i s
is the area which is closest to the Carver Ave. or Century ve. crossings
of I -494 and would bee y
xpected to be the main travel shed for any
interchange.
The second scenario would be much the opposite. Completion of east -west
and north -south connections would include an improved Century venue
link to connect Bailey y ' a
and Carver Roads and the completion of Carver Lake
Road to form a continuous link all the way from Woodbury Drive to Century
Ave. With this alternate the area in question would have su perior road
access both east -west and north - south. This would tend to attract trips
to TH 61 or to 1-494 (if there were p
e e an interchange). Volumes on Century
Avenue cou 1 d . be expected to i ncreaseand somewhat reduced traffic might be
expected northbound on Woodale, Tower, Pioneer, Radio and Woodbury rives.
In particular, combined traffic from i Y
Bailey Road and Carver Lake Road would
substantially increase traffic on Carver Road and at the i ntersectA on of
Carver and TH 61.
The analysis of the above two alternates is based on estimates re ared b
P P Y
the Metropolitan Council Transportation staff. Details on the forecast
techniques are not included in this memo but can be made available.
Findings for Scenario 1 ono interchange at either Century Avenue
r Y e ue or Carver
and n
0 road improvements for a Bailey- Carver link, Carver Lake Road or
Century).
1. Planned development in Woodbury shows near all of the urbanization
by 2000 is expected north of Bailey Road,
2. Development to the east of Pioneer Road and north of Carver Lake Road
would have superior access to the Valley Creek interchange and /or I -94
interchange.
30 Development south of Ba i l e Road would d have a ccess ccess to the metro system
by reaching T 61 via Bailey, Military Road or roads further south.
4. From the above we .conclude that the major � travel shed f . er travel on I -
494 that could use an interchange would be that porti Woodbury
Ave. to Pioneer -
from Century e Drive and from Carver Lake.Road to Bailey
Road and the southern two square miles of Maplewood.
-5-
5. Trip orientation from the travel shed described above is given below.
Year 2000 Travel Orientation Zone 1044
(Basically the Southwest Quarter of Woodbury}
Travel Oriented North and West Via I -94 or I -694 35%
Travel Oriented South and West Via 1-494 27%
Travel Oriented East and South Via TH 61 or Local 38%
Roads
Year 2000 Travel Orientation Zone 970
(Basically Maplewood South of Linwood Ave.)
Travel Oriented North and West Via I -694 or I -94 41%
Travel Oriented South annd West Via I -494 22%
Travel Oriented East and South Via TH 61 or Local 37%
Roads
6. In the year 2000 it is estimated that the above travel sheds would
produce 385 peak hour trips or 3,900 daily trips that will be oriented
south and west via I -494. The ultimate destination of most of this
travel is across the Mississippi, so we can assume that access to
I -494 needs to be handled somehow. About 40% of this travel is esti-
mated to come from the Maplewood portion of the travel shed (x.60 pk.
hr. trips and 1600 ADT). The remainder will come from Woodbury (about
225 peak hour trips and 2300 ADT).
7. Two separate analyses of the 2000 travel by Mn /DOT and the Council
indicate that without an interchange with 1-494, Bailey Road w i l l not
overload (4000 -5000 ADT) at the intersection with TH 610
8. The result of this is that approximately 2300 trips a day from
Woodbury would need to access 1-494 from either the Valley Creek Road
interchange or TH 61 interchange. In any one hour, no more than 225
trips would use Carver Road or Bailey Road to reach TH 610
Findings for Scenario 2 (an interchange at Century or Carver, improved
Century Avenue and aBailey- Carver connection):
1.
Planned development in Woodbury shows nearly all urbanization by 2000
is expected north of Bailey Road (this is the same as before, the
interchange does not change the probable pattern of development).
2: Development to the east of Pioneer Road and north of Courtly Road
would still have its minimum distance access via the Valley Creek
interchange or north on Radio or Woodbury Drives. Howevrer, an
alternate route via Bailey might prove more convenient to some
travelers.
Eel
3. Development south of B a i l e y Road would have improved access to the
metro system by reaching I -494 by a Bailey - Carver or Bailey - Century
trip rather than Bailey to TH 61 to 1-494,
4. From the above we conclude that the major travel .shed to 1 -494 would
expand slightly from the no -build scenario so that the portion of
Woodbury served would be Century to Pioneer and Courtly Road to Bailey
Road. The same area of Maplewood (that area south of Linwood Drive)
would be served as in the no-build,
5. Trip orientation from this travel shed would not change from that
indicated previously since one interchange does not affect the trip
distribution calculated by the gravity model
6. In the year 2000 it is estimated that the above travel shed would
produce s l i.ghtl_y different loadings depending on the interchange
location. Century Avenue would attract 10,100 trips daily and Carver
would attract 9,200 trips. When compared to the first scenario, t h i s
is about 5,000 to 6,000 more trips from the travel shed than the
original est imate of 3,900 trips destined to use 1-494 to go south and
west acros t he he river. That travel is accounted for by trips that
would be diverted from north -south routes arallel to I -494 such as
p i
McKnight, Century, Woodale and Tower Drives. There would be some
corresponding drop in ramp volumes at 1-494 and Valley Creek or along
1 -94 at McKnight, Century or possibly Radio Drive. z
It should be noted that the above estimates are on the generous side.
Given the development forecasts for 2000 an interchange at either
location wouu 1 d attract 47% of the total motor vehicle traffic of zone
970 41 to 47% of traffic from zone 1044 and 3 to 5% of all traffic
from zone 1043.
7. General speaking, the travel distances in the travel shed analyzed
are such that with the interchange in place, drivers would save only
time and not distance.
Conclusion:
From the two sets of findings above, we conclude that at least until the
_ year 2000 construction of an interchange at either location would serve
primarily as a convenience timewise for 4,000 to 5,,000 trips per day that
P P y
would otherwise use existing roads and interchanges to travel to destina-
ti ons to the north and west of Woodbury, For another 3 � P 900 trips destined
_
to the south and west across the river, an interchange would provide
improved serv-i compared to the routings necessary to reach the present
access points at Valley View r at TH 61. However, without the interchange,
it appears from this or prior studies that those access points would still
function adequately.
_7-
Criteria #5 - Interchanges must connect to a minor, intermediate or
principal arterial or an appropriate collector as defined in the functional
classification system of the Transportation Policy Plan and adopted by the
Transportation Advisory Board.
Finding: Century Avenue is a minor arterial, Carver Avenue is a collector.
Conclusions:
Based on this c r i t e r i a alone, an i nterch'ange would be located at Century
Avenue. However, this criteria does not address need for the interchange
yes or no.
OVERALL CONCLUSION AND RECOMMENDATION
Based primarily on C r i t e r i a 1 and 4 which directly measure P 1 an achievement and
degree of travel demand, we conclude that:
1. Construction of an interchange between Valle Creek Drive and TH 61
y
would be premature any time before 2000.
2. Woodbury and Maplewood should recognize ze and plan for good north -south
9 P 9
movements on either s i d e of 1-494 to facilitate access to TH 61
Valley Creek and I -94 so that trips can reach already established or
committed interchanges with a minimum of delay, .
3M 02 5A
y
In
��N►��orq Minnesota
o ti
D Department of Transportation
� District 9
y Q ° 3485 Hadley Avenue North Box 2050
North St. Paul, Minnesota X5109
August 24, 1981
Mr. Steve Alderson .
Transportation Planning Proaram Manager
Metropolitan C ou nc i 1
300 Metro Square Building
Saint Paul, Minnesota 55101
Dear Steve:
(612) 770 -2311
We have looked at the criteria and questions that we agreed were the responsi -
bil ty of Mn /DOT to analyze regarding the possible interchange on 1-494 at
either Carver Avenue or Century Avenue. We offer the following analyses.
"When an interchange and a related system change or ramp modification is to be
constructed, the operational integrity of the mainlines must be maintained.
Operational integrity is defined by the forecasted level of service and safety
considerations for the main through roadways. The level of service can be
altered if that change is consistent with the plan for the entire route."
Forecast volumes added to I -494 by an interchange at either Carver Avenue or
Century Avenue are not expected to be so large that they would si gni fi eantl y
affect the operation of mainline I -494. I't is much more likely that the overall
growth in all areas served by I -494, the opening of 1 -494 in Dakota County, and
the heavy truck use on the steep grade portion of 1-494 northeast of TH 61 w i l l
all contribute much more to the deterioration of the level of operation of I -494
in this area.
"The effect of an additional interchange or ramp is considered adverse if the
operating Characteristics of an associated weaving section are unsafe or not
consistent with those of the mainline approaching lanes. A quality of flow
compatible with the mainline level of service must be maintained,"
Forecast volumes for the ramps /loops of an interchange at either Carver Avenue
or Century Avenue should be sufficiently low and the distances to adjacent
_. interchanges sufficiently long to keep future weaving movement volumes out of
(below) the realm of weaving analyses,
"The new interchange or related system change must be acceptable terms of
route design as specified by Mn /DOT or the implementing agency, conforming to
such factors as basic number of lanes, lane continuity, lane balance, lane drops,
conti nuity of mainline levels of service and other general des i gp cri
r
An acceptable design for an interchange at either Carver Avenue or Century Avenue
can be achieved, conforming to the factors listed for this criterion. Additional
An Equal Opportunity Employer
Mr. Steve Alderson
August 24, 1981
Page two
mainline lanes may be needed on I -494 quite independent of an ad ti ona l inter-
change. If an interchange was to be constructed, the construction of lane adds
m-ay or may not be coordinated with the construction of the interchange..
"What geometric problems are inherent at either place?"
The skew angle of Century Avenue to' 1-494 is not a significant problem if a
folded diamond interchange is constructed instead of a full diamond.
"What grading problems are inherent at either place?"
No grading problems are foreseen at either location.
"Would improvement costs be greater at one location than the other including
the possible reconstruction of existing bridges or other structure ?"
Construction and right of way costs would be greater at the Century Avenue loca-
tion due to bridge reconstruction needed at Century to accommodate the folded
diamond at a skewed angle.. More homes /businesses may also be needed for a
Century Avenue interchange. However, overall social costs may be hi quest at
Carver Avenue.
"Is the al gnment of the connecting road more favorable at one location?"
The extreme skew angle at Century Avenue is more of a problem than is the skew
and curves at Carver Avenue.
In summary, Steve, it could be said that a Carver Avenue interchange would better
meet the criteria evaluated. However, either location could be constructed to
provide safe and efficient operations. Therefore, we do not feel it appropriate
for us to recommend one location over another based only on analyses performed so
far.
I hope this information is what you are looking for. If not, give me a call.
Wi will be ready for additional meetings on this issue any time.
Sincerely,
i
R. A. E1 asky, P.E.
Assistant District Engineer
C. Plan Amendment - I- 494 /Century Interchange
Secretary Olson read the notice of public hearing.. It is proposed
y
to amend the current Plan and Plan Update to omit the interchange proposed
at I -494 and Century Avenue.
Chairman Axdahl asked if there was anyone present who wished to. comment
on the proposal.
As there were no comments, Chairman Axdahl closed the public hearing.
Commissioner Pel i i sh moved the P1 anni n Commission recommend the current
Plan and Plan Update omit the interchan proposa at 1-494 and Ce n t ury
Avenue on the basis that:
1. The August 26 report by the Metropolitan Council staff concludes that:
9 P
"Construction of an interchange between Valley Creek Road and Highway 61
would be premature any time before 2000." .
2. Federal funds are not a v a i l a b l e for an interchange. Financing would
have to come from State, County, or local sources.
3. Neither Ramsey County or the State Department of Transportation show
an interchange in this area on their transportation plans.
4. The Lakeri dge development in Woodbury would make the Century Avenue
location unfeasible .
Commissioner Whitcomb seconded Ayes - all .
Commissioner Pellish moved the Planninq Commission recommend the current
Plan and Plan Update be amended to change the SC desi ' nation at the north-
west corner of the i nt erchg, c toCent and Hi ghwood to RL , Resi denti a1
Lower Dens t , , exce t for the ro erty currently zoned BC at the southwest
corner o f Hi hwood and Century Avenues on the basis that:
1 . Omitting the interchange makes it more probable that this land w i l l
deve.l op residentially, rather than commercially.
2. The commercial exception recognizes the existing business at Hi ghwood
and Century Avenues,,
Commissioner Whitcomb seconded Ayes - all.
"NOTWOW /9:9
) expew
MEMORANDUM
t0: City Manager
FROM Director of Community Development
SUBJECT: Joint Council, Planning Commission, and Community Design
Review Board Meeting
DATE: September 23, 1981
The City Council, at their September 17 meeting, asked for a joint meeting
with the Planning Commission and Community Design Review Board. The Com-
mission and Board have recommended that the meeting be held on October 28
at 7:30 P., M. in the Council Chambers
IV
Action
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