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HomeMy WebLinkAbout1981 11-05 City Council Packet3. 4. 5. Revenue Note: Maplewood Dental Specialties (7:30)_ Code Amendment: Minimum Floor Area (7:45) a. Rezoning: Beam Avenue - Council (8:00) b. Special Use Permit (Mining) - Beam Avenue c. Board of Adjustments and Appeals: (1) Variance: Beam Avenue d. Preliminary Plat: Beam Lakeside Addition e. Street Vacation: Beam Avenue (H) UNFINISHED BUSINESS 11 Assessments: Valley Branch Watershed_ 2. Cable T, V, Joint Powers Agreement 3. Battle Creek Master Plan 4. Human Relations Commission: Ordinance - Second Reading 5. Junction Street Storm Mater (I) VISITOR PRESENTATION (J) NEW BUSINESS I 1. Final Payment: Frost Avenue plater 20 Hazelwood Street Improvements ;f 3. T.H. 61 Frontage Road Construction: Gervais Avenue to County Rd. "C" y' 4. Special Exception: Circus - Maplewood Mall 5. Subdivision Ordinance Revision 60 Lodging Ordinance J .. 7. 1981 General Election Returns f k r (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, Municipal Building 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. Juker, Councilperson Present Earl L. Nelson, Councilman Present C. 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 -5h "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 — all. 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 — all, 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. — 1 — 7/16 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 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 C ouncil at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. - 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open and read aloud bids and to tabulate the bids received. 5.Keller 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 - 2 - 7/16 check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open and read aloud bids and to tabulate the bids received, 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 meeting for 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 MAPLEWOOD, MINNESOTA: — I — 7/16 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 to be 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 January, 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. G. AWARD OF BIDS 1. Sod — Hazelwood Park a. Manager Evans presented the staff report. b. Councilman Bastian introduced the foll Ayes — all. resolution and moved its tion: — 4 — 7/16 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 square yards 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 public hearing 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 Commission recommend to the City 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 Outlot 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 Leola 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 Leola 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 Leola 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. — 5 — 7/16 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 — all." 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 the following conditions 1. Construction of a 12" watermain from Gervais Avenue to County Road C through the plat; 2. Construction of a storm sewer and pending 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 as an 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 easement for that portion of proposed 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 are to be separate from the plat. Seconded by Councilman Bastian. Ayes — all. — 6 — 7/16 h. Councilman Bastian introduced the following resolution and moved its adoption: 81 — 7 — 145 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing 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 22W as filed and of record in the Register of Deeds Office, Ramsey County, Minnesota, to wit: PROPERTY AFFECTED BY THE STREET VACATION 1. Lots 8 — 14 Peter's Addition, Section 9, To 29N R.22W 2. Except the S 10 acres and except the north 888.8 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 NW 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 to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is, vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes,.Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Mayor Greavu. Ayes — all. 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.M. 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 land acquisition difficulties, the project did not proceed. The estimated cost for the proposed improvements is $35,000.00. The assessments are recommended to be charged to Connemara I1. The resulting cost is approxi- - 7 — 7/16 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. He will submit a petition signed by the residents stating that 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 — all. 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 II. 3. The City Engineer is hereby directed to prepare plans for the making of such improvement. — 8— 7/16 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 of the City Engineer and he has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, at least 21 days before date set for bid opening,- shall specify the work to be done, shall state that bids will be publicly opened and considered, by the Council at the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of 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 Joker, Councilmen Anderson, Bastian and Nelson. Nays — Mayor Greavu. 5. Revenue Note: Pearson and Lindbeck — 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 and noted 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. — 9 — 7/16 g. Mayor Greavu moved to approve the revenue note as requested by Pearson— Lindbeck subject to Council's established criteria and guidelines and intro 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 from Pearson — Lindbeck Partnership, a and Thomas Lindbeck under the laws of a proposal that the City undertake to through the issuance of revenue bonds (the "Note ") pursuant to the Act; of Maplewood ( "the City ") has received ) artnership to be formed by Dick Pearson the State of Minnesota (the "Company) finance a Project hereinafter described, in the form of a single debt instrument (d) The City desires to facilitate the selective 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 the construction 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; — 10 — 7/16 (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted June 18, 1981, a public hearing on the Project was held on July 16, 1981, after notice was published and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal 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 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 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 in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the 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; — 11 — 7/16 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, 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 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, includ— ing 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 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/ John 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. Rezoning - Woodlyn Avenue and McKnight 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 land located north of Woodlyn Avenue and west of McKnight Road from F -R (Farm Residence) to R -3 (Multiple Dwelling). The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner 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 on the finding that the proposed zoning is consistent with the Land Use Plan. Commissioner Kishel seconded. Ayes all." 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 for rezoning 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 said petition 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 - all. 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 following conditions: 1. Adherence to the requirements and standards set 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 to be removed. 4. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the Director of Public Works. 5. There shall be no explosive detonations of any kind on the site. 6. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right - of -way. 7. A variance be granted allowing operation beyond the 30 foot zone established in section 917.070 (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. All excavation 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 - all." 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 existin grading permit and that no further permits be issued until a plat is submitted. Seconded by Councilman Anderson. Ayes - all. 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 - all. J. NEW BUSINESS - 15 - 7/16 7.. Final Approval - Revenue Note - Voight and Fourre a. Councilman Anderson voiced his concerns regarding 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 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned . to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of Leases and Rents: the agreement to be executed by the Borrower assigning all the rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereon; Assignment of the Loan Agreement: the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; 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 guaranty to 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 7St. 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 Note, 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. ARTICLE. TWO NOTE 2 -1. Authorized Amount and Form of Note The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be 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 (758) 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 (4.008) 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 "Mortgage "), by an Assignment of Leases and Rents, of even date herewith, from the Borrower to the Lender (the "Assignment of Leases and Rents ") and the Guaranty from William S. Reiling and Donald L. Bachmeier to the Lender. The disbursement of the proceeds of this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewith between the Lender, the City and the Borrower (the "Construction Loan Agreement "). 7. The Lender may extend the times of payments of interest or any penalty or premium due on this Note, including the date of the Final Maturity Date to a date no later than June 30, 1983, without notice to or consent of any party liable hereon and without releasing any such party. 8. This Note may be prepaid in whole or in part at any time without penalty or premium. The Lender shall apply any such prepayment against the accrued interest on the Principal Balance and then against the final principal amount due under the note. 9. This Note is further subject to prepayment by the City, at any time, without a premium, in whole or in part, upon the occurrence of certain events of damage, destruction or condemnation of the property secured by the Mortgage, as specified in Section 5.02 of the Loan Agreement and Section 3 -1 of the Resolution. - 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 Mort.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 — all. Councilperson Joker moved to suspend the Rules of Procedures and extend the agenda _ past the meeting time deadline. Seconded by Councilman Nelson. Ayes — Mayor Greavu, Councilperson Joker, 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 the City. 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 take no 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 introduced the following resolution and moved 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. H. UNFINISHED BUSINESS 1. Valley Branch Water Shed District Assessments a. Manager Evans presented the staff report. Ayes — Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Nays — Councilperson Juker. b. .Councilperson Joker moved to deny payment of the special assessment from the Valley Branch 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 — all. 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 condemned 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 fair market value, as determined by an appraisal. Commissioner Kishel seconded. Ayes — all." — 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 property 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. 1— 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 plan 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 Councilman 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 planting 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 along McKnight Road south of Larpenteur Avenue is a needed facility, particularly in view of the rapid development around the Maryland Avenue area. The report does, however, identify cost of the watermain installation if done in conjunction with Ramsey work is scheduled for either 1982 to install the watermain until the ion for the City at this time. one overriding negative factor. The estimated could be reduced by approximately $90,000 County's upgrading of McKnight Road. Their )r 1983. It is staff's position that waiting road upgrading is the most reasonable direct— 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 ass 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 Joker moved to establish the puppeteers pay scale for special shows as $25.00 per show per puppeteer. Seconded by Councilman Bastian. Ayes — all. 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 i . the Commissioner's Picnic and c Councilman Bastian es be in charge of the a blish a date fo 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 M. None. ADJOURNMENT 12:00 Midnight City Clerk — 29 — 7/16 OP APLE 1 00D A C C 0 U N T S P A Y A B L E HATE 1� -05- a1 PAGE 1 E C K A M C U N T C L A I M A N T P U R P C S 006336 1,779 MN STATE TREASURER'wPLRA CONTRIBUTIONS, PErt, 006337 " 3,577.30 NN STATE TREASOURER - PERA P.E.R.A. Cr_ L` AN O - CONTRIBUTIONS, P4;. 006 388 7 940. 28 NN STATE TREA SURER -PER A P. E.R.A. OE0 P AYA3L= ANC - CONTRIBUTI PE RA 00E389 25. CO STATE CF MN SOCKS } PERIOOiCAL S 00 6 3 9 b91. 25 MINN STATE Tr ..) u T-0_U Y _._Gi ST. 006381 231. L O MINN STATE TRE- ASURER STATE C/L `FEES PAYABLE 006392 49235.26 MN MUTUAi. LIFE INS CO C0NTRI9UTIt3NS,1N IS, U ;SANE` 0 06 - -- 3,696.6£ MN MUTUAL LIFE INS CO A _ INS CONT INUA_NC_� - -- ANC - HEALTH INS PA Y A ELE ANDm INS OED PAYA'L AN O - CENT AL INS PAY A BL ANN C0NTR18UTL ONS, I hsu C0c 71. =0 RAMSEY CO CLERK OF OIST CNTY Grp. FS P YA3 = - -- 0063g5 126* 03 MINN S3ATL TREASURER STATE 0/. FEES PAY AEL 0E 390 1, 95.75 MI ST AT E TREASURERE %w -OEPUT Y PE Gl ST. O 06397 95. 00 REGISTi; AR - LEPT OF CGf�F T } TRAI vi tvG 006393 19472.25 MANN STATE TREASU.RR OEPOSITc DEPUTY P.E GIST. 006399 265.00 MINN STATE TREASURER STATE O/L FEES PAYABLE 00 1 ,7 MINN STATE TREASURER CE POSI T 'c- CE F;E IST 006401 16 20 00 MINN ST AT E TREASURER STATE D /L FEES PAYABLE 006402 162. lCMA RETIREMENT CORP DEFERRED' COMP PAYAg`E ANC- BEFERREC COMPENSATI 006403 159860.33 MAFLEW000 STATE BANK FED INCOME TAX PAYA3Ly 006404 200 •D0 MN STATE RETIREMENT SYST 0E.FERKE0 COMP PAYA 006405 "- 6,094.71 STATE OF MN MINN INCOME TAX PAYABLE 006406 24. METRO SUPERVISCRY ASSOC UNICN CUES PAYABL= v CITY OF VAPLEWo0C CHE A M C U N T u A C C O U N T S F A Y A S L E C L A I M A N T 006407 285.93 AFSCV+E LOCAL 2725 006408 # +: CI r ♦ CTr CRECIT UNION 0 0b -*09 - 0 0E_410 145.03 mQSEMAKy KANE �7�.68 HN TEAMSTERS �CCAL 320 DATE 11 =05 --81 PAGE 2 P U R F C S E UN ION DUES PAYABLE AND - FAIR S F =c S FAY. CF. IT UNION OEU r AY A PL WAGE CEDUCTICeti PA YABLE ,t, CN DUE FA - -_. ANC -FAIR SHARE FEES FAY - - - -- ' -_ =� 3 - - - -- -- - -2 17. P i N N S T A T p- T E A S U F EFC 5 A`"/_L t S- P- A X- A 3 L 0 C E 412 1, Z. g 75 m li1N STATE TREASURE - R D FOSI T LEFUTY '""cC7I - 0Cb413 -- --- - -- - -- ?9738.25 SA,.0 Tz. UCACING } EXCAVTNG -- -AWANG=D CGtjST CONTRACTS U 6 48.50 RAMSEY CO CLE OF DI ST CNTY D/L FE ES PAY ABLE . 0 0E 41 r 82 • 32 CO IN GENERAL LIFE. INS CO C0NT918UTI 0NS INSURANCE - - - �b.i6 G -- X04.72 CGNh CEN =KAL LIFE INS co CO NT RI 9UTI tJNS, INSURAN C 06 4 1 7 J. '.i J K U�S E LL � SN C E R A/R P A R A M E- 1 V.. 0 Cb418 1,7'2.31 MiNN STATE TREASURER DE POSI TS- CEFUTY PEGIST. 0016 4 ;19 1 E C0 Mi�vN STATE TF<EASUR�PC STATE G/L FEES PQYA - L 006' 23 _ 19 212953' CA. N STATE T :EASUR-%`k OE POST TS- CEF RE.G ST 0tb421 2190001 MINN STATE TREASURER STATE D/L FEES PAYAE E L 006422 4, E28, 25 METRO WASTE CCNTROL COMM S. A. Co PAYAQi,.E - -- 006 423 E.08 UNITED, PARCEL SERVICE FEES, SERVICE Return of goods fl 0b 42 4 5 .0 ,6 49948 BOAR OF WAT F COMM OUTSI PNG _F _E_: ANO -CTHER' CCNSTF:UL,TIOls C 00b 4,2 5 c03.13 BOA RD OF WATER Comm QUrSIDE ENGINE -F .ING FEE 0 06 42 E 12.04 JUDY CH.E EECK TR AVEL # TRAINING AND - SUPP OFFICE' 006427 __ 93. va TwiN CITY TESTING OUTSIDE ENGINEEFING FEE. 006428 19504.90 MINN STATE TREASURER DEPOSITS- CEFUTY R =GIST. 006 429 184. MINN STATE TREASURER S B/L FEES PAYA ELE - ....,, :. ., ..: ...... ... . -:.._........: . :�. •...... .v.�. .. :... '. ... .. ...i,.c'�. . r+. i�4. k�:-^+ i, v��ix '�'ul�S1` '.4y"..�`r�S`.:_' .� �y - . ITY CF MAPLE WOCE CH ECK* A M G U N T A C C C U N T S F A Y A S L E DAT 11- fl 5- 81 P A Gr 3 C L A I M A N T p U R P 0 S 006430 2,C.C2 . CEO MINN STATE TREASWR� ER DEPOSIT CEPUTY F:�GIST* 006431 181. MiNN STATE TREASURER STATE G/L FE- PAYA3iE 0 06 4 3.2 1 s UNIVERSITY OF VI NNESOT A _ A yE L + T aL _ING " - - - "- STATE D / 4w F SA L E O C6 433 1 , 734, 05 MN STATE TKEA SURER -PERA CO NT R� 'BUT10NS, _ A 06 43*+ '` . E. R. A. DEC FAYA3. LE 3 M11 S TAT E TREA So R ER -PERA ANC- CONTiRI BUTI ONS, P E - RA G0 435 .. R. A . DEC ?AYA °LE ?,912. 7o MN STATE T,EAS�;REw_ER.A AND- CONTRIBUTIONS, ?E "RA Y TRAVEL } "TRAINING — OCE43E 8,00 METRC AREA MGT ASSGC O 1 , 9400.75 MINN STAT; TREASURER CEFOSITS-C #EFUTY RE GIST.__ 0064 .135.00 MINN STATE TRE ASURER STATE C /;. FEES P AYAB LE A/R - FARAMECIC T 0G6439 60.30 RAMSEY CTY CONCILIATION OC6 44 493. � MINN STATE TREAS- SURTAX SURCH TAX _ A 3 !-E 40 6441 54.00 iAMSEY CO CLERIC OF DIST CNTY G/ . -- F - PAYA _. =__.. 0 G6442 924.98 POSTMASTER POSTAGE 006443 1,613.35 MINN STATE TREASUF ;ER GE POSITS- CEPUTY R =GIST. V0644 27.00 MINN STATE TREASURER STATE D / 4w F SA L E 006445 44900 MINN STATE TREASURER DNR LICENSE FEES PBL 006446 58.00 MILAN STAVE T'REASURE"R ONR LICENSE FEES BL 00 3 + v0 UNIVE OF t;NN TRAVE + TR .00E448 200* u0 GOVT TRAINING SERVICE TRAVEL + TRAINING 036449 1 G 5. 10 DUN AND BRADS U EET 006450 135.00 NAIL REC + PARKS ASSOC TRAVEL f TRAINING TRAVEL ♦ TRA 036451 -- 135.00 NATL REC + PARKS ASSOC TRAVEL ♦ TRAINING 006452 185.00 NATL REC * PARKS ASSOC TRAVEL ♦ TRAINING 006453 570.00 NATL REC + PARKS ASSOC - - TRAVEL + TRAINING _ C ITY OF MAPLEWOOD C HE C KS A M 0 U N T 00645 006455 0 C-6 456 016 211900 1.294*98*20 12,280.38 A C C C U N T S F A Y A 8 L E DATE 11-051=81 PAGE 4 C A I M A N T P U R P 0 S E 0EpOSIT'Z-wC" RE MINN STATE TREASURER %w t G I S** T L i MINN STATE TREASURER STATE D/L FEES FAYA.... SA�.O TRL G + E XCA VTNG AWAR - C EO CONST C-O.N T RA cTS CELUXE C ONST R UCT,"-ON AWARGEC CCNST CONTRAC TS 0 06 458 27, U0 CCNTRACTING LA NC IMPROVEMENT 0 D o"- 45 S e9C60*25 MINN STAT TR - POSIT "CEPUTY "-GI.S.To 0 06 460 1 CO m 1 rl N ST TR STATE C/L FEES PAY A9L:: 80 6 46 1 04 lCMA RETIREMENT CORP DEFERRED COMP PAYABL AN0-wDEF'-,-.RRrE0 COMPE NSA TIC 0 C 462 16 „791.27 MAPLEWOCO STATE BANK FED INCOME TAX PAY API E 006463 2cals 00 MN STATE R`TIREM;'-�NT SYST 4.w 40 COMP PAYA3LE - 0 E F R 'E 006464 6, 310.70 STATE. OF MN MINN INCOM;' TAX PAyABi OCE465 2gioe8 AFSCME... LOCAL 2725 UNICN DUES FAYA?LE AN 0— FAIR S HARE FEES PAYX 8 C646 2' 0 METRC SU *Am P�RVISCRY- ASSOC UNICN CUES FAYABI L E 467 c 50 .019 9 5 CITY + CTY CREDIT UN.'LqCN C;c0"T UNION 0 E 0 PAYAQL -' -t 80 +68 145*00 ROSEMARY KAN= P WAGE DEDUCTIPONS AYABLE 006 46 287*75 MN BENEFIT AS'SVOC MBA INS PAYABLE 0 06 470 12E*96 WI OPT CF R MINN INCCHE TAX PAYAELE 0 06 471 212* 50 MAPL" STATE BANK WA CiEDUCTICNS PAYA 006472 87 12, 593.46 09, 579.66 AN FAYAP—LE NECESSARY EXPENOIT-URES SINCE LAST COUNCIL MEETING 1,500. I T Y CF MA PLE h OCC A C C C U N T S F A Y A 6 L E CHECK* A M C U N T C L A I M A N T DATE 11_Q 5..81 PAGE P U R P O S E 011449 458. 0t) CONSTABLE EQUIP Co SUPPLIES, RANGE 031 x.50 48. E!3 COTTENS INC SUPPLIES, VEHICLE - -- 0 44 51 13.37 OALCO CORP SUPP ES, JANITORl" AL 0 i 452 300. Ci PAT DAL'EY FEES, SERVICE 0 11 62 8 MICHAEL A FRA NTZEiti Plumb insp 011453 2,G43.73 OAvIES WATER ECUi % CO UTILITY CONSTRUCTION 011464 28.60 GENERAL S AFTY EQu I P INC ANC - MAINTENANCE MATERIAL 0 11454 ifl • 0 M-PT OF C O MME RCE COMM BOOKS t FEK IODI CAS S 011455 150.00 DIAMCNC RAOIATCFc RPAI_ REP } P VEHICLES ANr - SUFFLI E_S # VEHICLE 01 1.56 1, 265.0 LICTAPHJNE CORP REP. + MAINT., EQUIFM'Nw 011457 100. 0 ROBERT R DOODY INS AGNCY INSURANCE } BONDS 011458 16088 EAST SIOE GLASS PNT CC SUFFL' ES, LOUI PM,EN T 01145 1,428.81 ASTMAN KODAK CO OUP L ICAT ING+C O STS _- 011460 181, 22 ckKKILA } ASSCC FEES, CONSULTING C1461 � 1 2,194940 FA3RA GRAPHICS SUPPLIES, F-KaGRAM 0 11 62 8 MICHAEL A FRA NTZEiti REP. MALN ., VEH I CL ES 011463 * 99.52 FRIT Z CANDY CC SUPPLIES, PROGRAM 011464 28.60 GENERAL S AFTY EQu I P INC SU PPLI ESQ, VEHICLE -- 011465 100.75 GLADSTON LUMEER MART MAINTENANCE MATERIALS ANC -SU FFLI ES, RANGE- 011466 420.60 GOODYEAR S RVICE STORE R M AINT ., VEHICL ANO- SUPPLIES, VEHICLE 011 467 40.5.0 0 DUANE' GRACE FEE SEP V ICE emp. - bldg. inspector 011461! 32.92 JANET MEW SUPPLIES, OFFICE A ND - T +T ANC -FEES, SERVICE Photo refinishing 011469 - 841 THOMAS L HAGEN TR AVEL f T RAINING 011470 148996 HARMON GLASS REP. } MAINT., VEHICLES TY CF MApj,EjNOoD C A M C U N T A C C 0 U N T S P A Y A B L E C L A I M A N T DATE lim -81 PAG'E'. 7 P U R P 0 5 E 1 0.1.1471 34.00 HAWK FAINT + JANITOR CO D11472 2k3.80 0i147? - -- 5.9 H�'JNY RENTALS INC JUCITk HORSN iL SUPPLIES, JANI RENTAL , EGUIPMENT SU P ES, PR OGRAM I 01147 4 185, 64 HOWIES LOCK + KEY SERVIC RE P. ♦ NAI NT. , BL' -' "+ GRD S ANC S U_F PLI E'Sq "- P AND -REP. + NA..NT. , UTIL . 0 114 _ 5.55 H UNGK Y MIND R COK STO ± 'E.I_I_CA S - -- -_ .- - 011475 n 100.00 U } J TROPHYS + SFCRTS SUPPLIES, PROGRAM 47T JOHNSO — GOQC MiN UNIFORMS - CLO THIN G C 1 147 A 33• K -MART SUPPLIES, _PR OGRAM a11479 8•G1 K -MART LANG IMPRCVFMENT 4 D11480 39.83 K -BART SUPPLIES• EGUIPMz'NT ANC- - SUFOLIE S9 PROGRAM 01181 150.31 KNOX LUMB"'R CCNr=ANY MAINT_NANcE. MATt +ALS fl1 1482 9 513.49 LAIS EAN,4IGAN } CIPE Fl ES YlC -- - - - -- - AN - LEGAL + FISCAL Aug. Services )1 483 5. C0 LAKE SAM TATICN FEES 9 SE RVIC` - -_ - -- Rubbish Removal fl 11484 4 .00 6 LAKELAND ENG ECUIF CO tAINTENANC= MATERi ALS 011485 3 0 2.5 RICHARC J LANG SUFPLi -S, P�COGRAM 0114 2.53 90GER W LEE UN IFCRMS + CLOTHING 011487 78.82 LE MAR DISTR INC MAINTENANCE MATERIALS 01 289. r 0 � LENFER INC R P. + M, T o - -VEH 1 C�. - G11:89 4E.�E LUGER LUMBER CON T AND - LAND IMFRGVEMENT # i1.490 1, C41 *47 LYNOE CO MA INTEhANCE MATE 011491 293.80 MAPLEWOCO REVIEW PUBLISHING AN G= SU PP L ES, El ul �M E h T_ 1 MERIT CHEVROLET CO SU PFLI ES, VEHi CLE 011492 47 . l . bifY OF HAPLEW00C A C C C U N T S F A Y A 8 L E DATE 11 -05 -81 PAGE CHECK 'A H C U N T C L A I M A N T U P P C S E 011 493 01149+ 25. C 0 METRCPOLITAN CCU 1 CIL TP. AVEL } TRAINI 66 . +0 S0 METRC WASTE C CNTRO.. COMM SEWAGE TREATMENT -1 9 � .? A N I E L - �' ' L ____ u - L ��_ C _ :RAM _ _ 011496 133.00 MIDWAY TRACTOR SUFPLIES, ECUI PMLNT 011497 45.95 NI�.LE R CLOTHi t�G UNIFORMS + CLOTH"N 012 1 1w.40 rF6.S STAR: # TRIBU CC P U - B 0 76.75 MI NNE SC TA T ORC MA I NT9 NAtiC E MA TE".1i AL S 011 Son 1, G24. g5 MI -AC- E E QUIP MENT CO LA NC IMPKOvEME 0 11 01 2.43 RICHARD M M0 . SCHTEK TRAVEL f TR AI NIN G 011=2 226. �0 MCTORCLA INC REP, } OOAIN'., 9LCGfGROz A - R ED ? MAI NT • , _BALI fl1503 10.0 CITY OF MOUNDS VIES EEES9 SERVICE Bre with Santa -- - 011 r04 1 182, 38 MUNIC } PRIVATE SERVICE FEES, SEF Se . Animal Control 01153 5 33.30 CAROL ivtL SCN UN IFCRMS ♦ CLOTHIi G 01.1 53 6 24.95 PAUL K IR EY Std PP _L I E S_, JAN" TQR I AL Vaccum repair 011507 169,015 NORTHERN POWER PRCC SU PPLI ES ,_ VEHICL 01150 c0 3.69 NC .THEFCN STATES PO D+; R CO UTILITIES 011509 576.09 NQ THERN STATES POWER CO UT ILITIES 01 UT I L ITIES 013 511 492.77 NO�THCFN STATES POWER CO UTILITIES 011512 752.12 NOi.THEF.N STATES POWER CO UTILITIES 11513 737, 79 NOf�T HWEST ERN EELL TEL GO TE L,E FHCNE 011514 990 C3 NORTHWESTERN FELL TEL CO TELEFHCNE 12. 17 NORTNEF.N STATES POWER CO 011515 140090 NOKTHWE CELL TEL CO TE LIE PHONE -- AN 0-- EQUIPMENT, T I Y "I ,*.,& OF MAPL&"__-i%00D C: H E Cj"K • A M C U N T A C C 0 U N T S p A y A 8 L E C i. A I M A N T #� 6 MARJO-E 0 OSTROM '787 * ci f� D1151E *40 11% K I -v, UTP u FFRj1L'­ G;_:',wJOHK5GN EQ A.1 9 517 1 L1 PA, EN PWIEF IG"."-- RAT! ON I NG BUILDING IMCKOVEMENT ' ""AVIn J P1,..LA TRAV-EL + TRAINING Ld 413*25 _T.Z K;7 Ell 519 89• C 0 R i. POLK + COMFANY 90OKS + PP`r0DTCA.S 011 394. 23 FOWER FR'30:v-_"SS EQU"MENT OAT 1145-81 DA G:' P U R P 0 S t- TRAVEL + TRAINING MA I NTE NANG E 'MA TE k' A L'-'.ZW Fi _011 ij ! r E P H PR:JTNER iow T�,AVEL ♦ TRA."" I !1 4 L i 1 4 2, 0 34. 76 4 4 0 • 0 C, Q Q UIC K K S., IER V I C E e A T T L'"R Y R t + ?AINT*,9 EGU I P�01_,-k4- 3 ii U L I "S O FFI C E 3A# ­A I C SHAC 57 R A ViS Y CLINIf", ASSOC P A FzES9 Sfiz;ZVCtf Ph exam, 011525 3 0 2 RAMSEY COUNTY T FEES, SERVIC material & e rental 0 1 1 2 E 33. 49 RE"EDS SALE..S # SoERVftr'C.= REPe t PAINT•g V-HICL.- 01 1 5 2 7 128.95 KICP STREET CAR WASH -z T V E P A .1. N -H' s R' j^ 01IS38 2, 0 34. 76 0 115 4 4 2 75 ROCHESTER t0IJu1L'AKD SUPPLIES, JANITOR. A -- 0 11 029 r 433. 0 11 530 7 9 4 U 011 Oil'6532 6 0 n G - SU V E. HI G L E �- RUGGED RzNTAL rl'(*UGS F.E.E-S9 SEN-RV 1. CE - Ru cleanin RYCC "5UPPLY CC SUPP Al JANITOM 4... 124. 73 S t T OFFICE FRODUCTS I"- SUPPLIES,q OFFICE 0 11 533 1 9 319.76 S + T OFFICE FRoDUCTS SUPP O FFI CE AND'mSUF;Lj ES EGUTPM#NT L t .1 Q AND-SUPP' I"_Sv J A N " T 0*'R I_A I M N 0 FF I C EQ U1 AN v C 11 3 4 .117 A C SCHADT TRAVEL f - 'RAINING - _ 0 11 So 3 4=0 9• E4 JEANNE' SCHADT TRAVEL + TRAINING - ."[ 011536 4 v C4 0 * 71 T A SCHIFSKY + SONS INC MA I NTE NANCE MATER ALS 011 3 7 277988 SELECT SERVICE SUPPLY MA I-K T`NANC;7 MATER I A' S 01IS38 2, 0 34. 76 SH0RTmE_LL1 CTT -wHENDRIC KSN OUTSIDE 'ENGINE"ER19 NG FtL, CITY OF P PLE kGG D A C C G U N T 5 P A Y A 9 L E DATE 11 -0 �- 81 PA G_ 10 CH=C K A M C U N T C L A I M A N T P U R F 0 S E 011539 9. 31 THE SKEW SUPPLI PPOGRAM C3I_ 2 S OLICIFICATI C N INC FEES St - - - - - - - - -- 011 E5 8 0 31549 3.36 TV -sewer inspection 011 =41 155. 20 CH; I STI h`. SOU TTER S UP I ES ECUI � M NT } TRAININ ANB -TRAVE l + TRAINING CA:�;RELL T STOCKTON TRAVEL AND- FEES, SERVICE Pho to refinis _ 0x.154? E84.50 CITE' CF ST 'AU*. _ FEES, SERVICE ANO -REP. ♦ MAINT., ECUI r AN3 -F:EP. ♦ MA_iN T. , RAT Creme Lab f 6 - 011 43.: 122,32 ST PAUL DIS:PA TC#- . PU BLISHING 011544 6.4 ST PA DISPATCH SUSSCRIPTION' Ml;i. E R S H -011 1 545 8.40 ST PAUL. RENT ALA. RE NT Ai, E0 -MENT _ 03.154E % 232.50 ST PAUL SUSLREAN SUS FEES, SERVICI Gals- get - a -way r1i547 3.60 GREGORY L STAFNE TR AVEL. + TRAINING 0 :.154$ 211. 4� ST Sri ; + A�IGNM NT RE P. + P AI NT. , V5 ICLES 011 E5 8 0 31549 3.36 VERNON T STILL TR AVEi. f TRATNAIN 011553 } TRAININ 4.20 CA:�;RELL T STOCKTON TRAVEL 0 1 1 5 51 195. 0 DON STR GUNS INC 011552 202.95 SUPER AMERICA SUF?LI RA SU FPL ES • ECUI PM =ti T ASV O- SU PF L I ES, V E Hi C L E 011 553 337068 TABULATING SERV BUREAU FEES, SERVICE ANC- FU D ata Processing 011 =.054* 37.26 TARGET STORES INC SUPPLIES, PROGRAM ANO- MAINTENAN""E MATEFLIAA, 011 X55 613 4._ - TERMINALS SU PoL.I ES, OFFICE 011 Sp 5 6 89.37 TESSMAN SEED CHEMICAL MAINTENANCE MATERIALS 0 11557 8.30 H R TOLL CC MAI M* T A -S 011 E5 8 27E.80 TU�► ,NGUI ST PAPER CC SUPPLIES, JANITORIAL 011559 3E. 25 TWIN CITY FILTER SERV IN FEES, SERVICE Filters 011560 147.00 TWIN CITY TESTING LAND I MPR CVEMENT TY OF MAPLE -WOOD CHE -CK A M C U N T A G C 0 U N T S F A Y A B L E C L A I M A N T DATE 11445-81 PAG; 11 P U R P 0 S 011 561 14t 8E• 13 UNIT CRMS UNLI PI TED UNIFORMS f CL0TH1N G 11562 '` 8. 2, UNIT O ST CR 3 SU FPLI ES, PFOGRA- -- - -- - - - -- D 3 87. 0 u UNi V RS IT Y OF NI NNEs OT a TRAVEL AV } T R.t� L -�' - - - -- _.. -.. 1 021564 3. ?5 LO?= :R A I NE... y I T CR 013 565 61 a* � 0 VIKING INDUSTRIAL too.— TR AVEL ♦ TRAINIING UNICESI GNAT EC' CAF. OUT�A Y b0 _ _ f 95 VIF.TU.E FR I nT I NG CC i S PP LI ES- - -_Q_ � E - - -- - - -- 011567 49.56 WAF,NEF S TZU =VALUE HO WR= SM A LL T COL S AN0 MAINT NAN - C' - .'AT E RIAL ANC - SUPPLIES, JAN' TORIAL At4 C-- SU FPL i E S, OFF C E 012 5b 4 +. G3 CUANE ,� WILLIAMS TK AVER. * TmAINI�vG _011.r_6 _ 26 XEROX CCRPCRATICN O UPL . ICAvINGCo.STS __-- - - - - -- 011 570 44 fii JAMES G YOUNGREI� TRAVEL + T = :AIMING C11571 34.90 ZIE.GLER INC SUPPLI =S• ECUiPM�tiT _ . 5 7 � ..2 �2. 0 0 FRIED A 5 3O T T W A G S . ' -__ - -- 011 =7? :: 14 L MASK ABBOTT WAGES, '/ T T EMP. 0 12574 176.0 0 F OEERT ABBOTT WA GA S, P/T J- TEMP, -- - -_--_ 011 575 208.00 SCOTT ARNT WAGES, O/T + TEMP 011576 24 x.00 EUGENE BEARTM WAGES, P/T 'EMF -• 011577 15 2. 0 fl ROBERT S BI LS KI WAGES, P/T f T r. 011 * - - - - -- I8y, 00 J ALLAN EASTWCCO WAGES P /T' � - TE.MP.. - = - - 01157S * 128. J 0 JACQUELINE G EASTWOOD WAGES, P/T + T EM F. 0115$0 * TEMP. - 296.00 TIMOTHY G EASTWOOD WAGES, P /T�+ 011 152 SCOTT J E L L I O T T WAGES. P/T + TEMP, 011582 -- 96.00 SAY ED EL- KAN0 ELGY WAGES, P/T } TEMP• 011583 208 0D GRAI C ETMIER WAG P/T + T EMP* -� 011584 96.00 GREG S FLUG WAGES, P/T + TEM"o CI'T*r OF MA°LEWOOD A C C 0 U N T S P A Y A 9 E DATE L D T� I1 -05 -81 12 PAGE C A M C U N T C A I H A N T n U R F - C S �. f' D11585 85.00 MATTHEW HAAG W G_S, P ! T } ; E P. d �� — 7 c, 0 C S A N u A N A N M ES WA G Es T + T 4E MF, _ D1 .; 32.0 LE SLIE A .10HNS WAG + _ :37 011588 0 PATRICIA � � C * KC LIN - WAGES, p/T f TEMP* P / � - Q + TAM, 91025 PAHtLA LYNN KRCNA WA Gi S, i - g " ? • C SUSAN --- K URZ � r �. + T EMP" 011571 4r. uv KtI ' N- KUL Z�R "` WAG =S, *'+, P/T ., C 1 592 `` — �' " c_ L�� ''C C.�V �CI�v - -- __. __�- -. - - -- ._ - -. ♦ i �M�. 88 . C � — WA G :S, - T - P/ C11 cgs„ 25E. CO MICHA`L LOW=NEEK WAGS, F/T _ + T m P,* 0 +1 594 24 C 0 RICK S W � LO ENS.t'' RG WAGES, P/T - + TEmM 0115 9 5 - _ — - P/ T - - -- _ _ - - -- - - -- - - - + TENT 7.5u - - MARGARET A NANCS - - - - -- WAG=S, - 0. 0 9 CC K A 4 A. R7I n WA G_S, P .. + T_ HP, 012 597" 1140 iU STEVE MCOERrMO TT c S WA G�,,, P/T _ } T AMP. 0♦� 5 -- -- - - - - -- - - - + Tft- 3 0 JEFF M EYE R �Y�K _ - WAG =S, __� - - P/T 0 G J J V4 0 0 yl C T M i K� ICK -L5CN WQGh-S 0 /1 + T-M;:. 011 E00* 248.0C SHELCCN MIL3RICGE 960 u M i C N E L L E M I T �- � G ELL - - - -- - - - - - -- - - -___- . . + - T- EMP* � WAGE - P/T 01 E0 L;; 152.00 CAMELS 0 CONNCR WAGES P/T # TEMP D 11E0 3 140. 00 MICHAEL 0 CONNOR WAGES, P/T + Tt - M P* Oil Ea k 17E* 0 0 MIKE F t ^ ' LT 19 ER _ — - WAGES, - -- — P/T - - - - -- - - - - - - - - -- + T EM P. 48.00 GA�4Y FANOALL WAGS - v P/T } T IE P. 011 * 88000 LES SARNE JR WAG = S, P/T # T E M p. 01i E0 7 * G REG W SC NE3 DER WAG�S� S P/T _T_ + EMP 022 ED 8 -_ 10 CIO PR4:.0 SELZE R WAGES P/T + TENS. oil 60 649;J JILL STEVENSON WAGES, P/T +TEMP. ITY CF 1*APL„WC00 A C C C U N T S F A Y A B DATA _ 5- w 11 � 81 PAGz- 13 C HE C ; A M C U N T C L A I M A N T U F n 0 S 'ail E10 112. 00 kCLD STOCKOAi.E p c P � Gam..+ /T } TEMP, E 011 EII 105. L 0 JUi I SU . LI VA S, WAGS , P/T T EMP , t • ? 50 ?t T ER WAY T AT G S -S P ? + - - -W -- G - -S. �- .l �' `P .- 011613 160. � G KU�.T THIS F.: N WA G?- S P } / T Z ^ T �� �-. - - - -- WAG - P/T + T Fit' 2 . .0 JOHN WAS LI KG -- - 0_1 E1 5 - -' --� 1_?� �?I _KRIS WNiTE W AGS P/T + T ►= M^ 116 1 E nn JOURNAL OF C. V1L LEF NSE SU 9SCR M E M;3- R S H I C R E F U N D _- 192 135 742. 8E CHr'CKS WRITTEN TOTAL OF 2_73 ChsEOKS TOTAL 3459322.52 �b INDICATES ITEMS FINANCED BY RECREATION FUNDS 03117 G GRE P PHYLLIS C C 7 73 8.67 5 r Y OF MAPLEWOOD PAYRO.L REPORT PAGE 1 L 1 152964 1 CE RT IFICAT ION REGISTER CHECK DATE 10 - 23 -81 -__- D D_. � �;l.b�0 -- -5 - „G* R O S_S - -' , ')AY CH EL K LORRAINE S NAME 03105 A NORMAN G 2 75. 00 23 08 G 2 261.38 2 217.70 03106 84STIA4 GARY w 215.00 256 A E U - ;C D T - -- ___._ _ __ _ ___ 35 0 00 1 - 0.3 J OKER F RA NCE 275. 228.25 03109 NELSO4 EARL L 27 5.00 256.71 0 311 D E v A � S B A r� Y _. - -- - -- _i ,15 Z 0 : �'+7+__ _ -- -- -- ... _ i ; 0 3 2 6­51 03111 L VI R 660000 440. 03112 F«'UST DAN F 1, 289.78 827.21 ARC — - - -- - - - 9Z 45- --- ---- 347 .12 03114 M AT H YS A K 575.11 4 03115 VIGOREN DELORES A 490.22 325924 3 a i 6 ___ -A J E - -1-; 0­4_0­ 0 Q-- --- v I - - -- E - -- 03117 G GRE P PHYLLIS C C 7 73 8.67 5 50 3.72 03118 S SCHADT J JEANNE L L 1 152964 1 12 .95 0 3119 3 3E L v - -__- D D_. � �;l.b�0 -- -5 - -gG- 0 31 v vIETON L LORRAINE S S 5 50 3 34 • 1 9 03121 K K".EIA J JAMES G G 2 261.38 2 217.70 -- —__ E E -�- 0ia U _— A A_L R E Um 1 1 - - 2 - 9 - 1 t f z! IY OF MAP&LEw003 FAYRCLL REPORT PAGE 2 e CERTIFICATION RcGISTER CHECK DATE 10 -23 -8i NAME G� DS S � � �--- -__ -._ � ET -� A - Y ---- - - - - -- - -- ----- --- - -- 031 0LLI N� KENNETH V I 04 134.64 03131 D L MO N T DENNIS J 11167.56 55-:38 Tj,32 D Z E GE R R I C H A R D L 11 -- - - - -7� 6 ;.3� -- ---- - - - - -- - - -. - - -- __ - 9 -3- W4 V 0 I D --R A E- 8 - S- T= 4- .-7-8` 03134 FL A UGNE JAY ME L 647910 416.33 0 313 5- - - - - -- FU L LE ME.S _� -_ ----- - - - - -- �� � .� 03136 G EEN N ORMAN L 1 9 17 1. 35 613 .65 03137 HA GE'4 THOMAS L 1, 269.78 221.54 - 0 31 -37 -8- - - H 4 -L —' W -- -- }� N -- 8 9 3 - 4 - 0 4 + * 0 HE INZ STEPHEN J 684.44 4479 0 314 0 ti i Br- MICHAEL J 898.23 518 .72 J A Q U I � 4 - -- - - -- - - - -- DAN L - -� _. - - -5 9 9 :3 i 03142 KD QZ TUS DONALD y 408.10 3 0313 LwtVG RICHARD 936.00 513.80 a 31 � -+ -- 44 %"%o " UL T Y JOHN 10 8 : 4 2D0 7 - - B31 MESH V , JR JAMES E 881.33 453.16 03146 4E T TLER DAN IEL D 947. 625.48 -0 3147 MOESoHTE R �T 0 3 148 M3 LLI RAYMOND J 881.33 53794 031 NE LSON KAREN A 550922 33 4. T2 03 151 OMATH JOY E 502.61 3 03152 PFLTI ER WILLIAM F 1, 094.10 601.00 0 f c Rk ,(- S ANNE — - - 6 - 8 0315 S C A L LER R ICHARD W 19374e6? 841. OF MAPLE WOOD PA YROt. L REPORT PAGE 3 CERTIFICATION REGISTER CHECK DATE 10 -23 -81 HE L N, M E —S --� A 0 315 5 - -- KA L*11 N _ DONA w 89 1000 0 315 a S T A FN;;, GREGORY L 944.87 580.o 0 - - 7 - -S T I LL VERNON 7` - -- 5 7'9 : 4-5 -- - -.._- - - -__ - 13 2 . �_ --- 03158 STOC DARRELL T 88 537988 03159 34 Eft NDSE4 JOANNE M 609.05 392920 ---- �� - - - - -- - -- - -_ : - 67 .- - 0 TJ CHNER MICHELE A 57 8.7 8 277.91 03162 WI:.L CMS DOANE j- 932.45 407.18 0 - Z A P P ti _ _ , - 'U : 5� v- � 0 PH 03164 BLOKE : RONALD D 1 D4 228973 03165 CUS I. K DENNIS S 1 796.61 3 i-9 0- _9 03 LEE ROGER N 988 547.65 0316o M A N!"PR JON A 84.89 1+2.64 _ 0 3 l _ - - NFL - 0A - _ _ --- M - 1 -;-II -2 5 �5 -�" - 6-7 2 : 8 - -- — GAROL - 0 3 17 0 �A Z "Si K i 4Z0 F DALE E 944.89 160.39 03171 RICHI= CAROL L 435.55 265.12 03113 V0R WE- R K ROBERT E 956.55 121.57 43174 Y0Ul"iG?El, JAMES G 928.00 564.49 �- 3175- - -- EM S S n J AWE S 7 _ - 5 3 3 9 m 0 317 6 S CH AD T ALFRED C 19 005. 33 603935 03177 C LARRY J 140022 113.53 � 3178- -- --D 0 ER T K AT IL E Lem N 1 1 C 03179 B MARIE L 230934 177928 - 6, JTY" OF MAPLiEWJ00 E'C K PAYRCLL REPORT PAGE 4 CERTIFICATION REGISTE*, CHECK DATE 10-23-81 NAME GR0z;.*S 21AV -NET - P#,w4Y-­­-' 03160 ELIAS 0310-1 GA N ZE JAMES A 875.11 95959 PETER R 224*00 204*01 K E' N­4 ET K­­ JAMES "'i __ 85.33 764e44 03183 NEMETZ 03184 PECK 03185 w I LILI A", m,'3) 1) IN MARY A 50 0.02 327*31 DENNIS L 875. it A035.0 09 GESSE60E JAMES _7 7 0 is 2 2 764e44 0 - 3 16 6 GE I SS LE WALTER m 833o78 4 3 1 t ADAMS u" 3167 GESSE60E JAMES T 764e44 503o03 LA T I K E OAV ID 0 3 1 9 -W -Y 14A4 JAMES N 711* 11 438 .3$ D3190 3;. E HEl' M ROGER W 707*37 x+31.68 03191 C A. S S wi 03192 F i E aE R 00' RONALD L 791o82 494979 03193 HELEY RONALD 791982 494' 79 0319.4 HDCH3'.114 JOSE i H ___7 270_0 03195 KA;4E MIV'%HAEL R 76 3.20 31 03190" K i w A U,-->** 11'. 4 G HENS -.Y F 773*84 334*38 0 319 7 M E Y ER -GER A Ll) _W 0 03196 0 'S" W A L ERICK D 320.00 270*13 03199 E. T T N I JOSEPH is 19054*41 651 .y9 7-9 4 ' El NE A 03201 TEVLINlJ:Z HARRY 816*38 509e06 03202 LUTZ DAVID P 518.06 366*04 t ADAMS -P-A UL I N E m - — — -------------------- .03204 3 R E NNrEk LOIS J 580*22 195e41 V OF Mi4P ..EWooD PAYROLL REPORT PAGE 5 CE RT IFiCAT ION REGISTER CHICK DATE 10 -23 -81 C E C K NAME - - --G R O S S- .� AY -... _ 03205 KR U MMcL BARBARA A 2 1 0 140.69 0 320 6 JJ EGA► R0 ROBERT 0 i 21 b. 8 9 743.54 [F[ D 320 7 T 4 Ut3` flflU GL S - -- �,� �, _ - 413 0 32U 6 WA RD nOY G 292.89 227.36 03209 4JRE,.IJS ROSS E 256o 00 213969 r; 03210 -- _. - - -_- - -- - -- -- ------ - 3 -UxKE - - -�! Y LAS �-- - - - - -. _ -__ R _ 7f 3 : 2 0 3 9 3 . $ i 03211 �ER IM AI11 D AV,I D A 763.20 470975 E 03212 GUS INDA MELVIN J i, 007. 20 758.82 .. _ 3 0 321 -- - Y -- - _ -- H �' 8 . 0__.__._ _--; -- -- -_ ___ --- _ _ _ 7 STS 8 f- 03214 JJIKE MI L 256 .00 222.61 t� J3215 LEMON JEFFREY S 5 0.40 5Oe4O 03216 M A R . US K - -- 03217 SANTA RE ED E . 7 63.2 0 47T • 94 0 3218 BR U NE L L BARBARA J 223, 9T 172.85 - -- -- - - -!; 7 7 0 --- j 03220 HOR SIN EL� JUDITH A 2846 0 213.07 03221 SOUTTER CHRISTINE 577.78 402.22 _ - -j 3 2 2.2 -- - - ----�- H 8 � K� _ _ �II blb : ��� � 3 - 03223 EKS TR AN D THOMAS G 741.36 415 . t b 0 3224 JOHN. - 3D4 RANLALL L 772.04 501.04 '' -- - - X32 2 - -- --o-TL - -� - - -- - - -- , 5; . -— b l`b GFET 03226 WEGWERTA JUDITH A 22 1.20 1749 03227 3S T RO M MARJORI E 1 010.67 630. T 1 �0 - 322 a ��T �" -__ - 711 n 7 9'�n nAV Tn 600000 Y OF MAPLfr. PAYROL REPORT PAGE b CERTIFICATION REGISTER C<CK DATE 10 -23 :81 G E �. E _ - R 0 SSA A•Y- — - -N ET- --PAYT - -- 0.3 MJ GEORGE W 81 49 J3231 NA DEA U EDWARD A 97 5.14 617 LAf/ENE 0 DW'- GERALD C 8944 24 51 . 9 4 03234+ M4 C00NAL D JOHN E 8419 60 505.20 0 3 2 3 5 l� L V � E Y - D N� -7-5 1-3 -- -- - - -- - -- - - -- 4� 1 - . - 2 T C R EGISTER TOTALS 9 7.,.962.8 - 2 53 , 029.68 G dow az*� } MEMORANDUM on b7 our c i TO City Manager FROM Finance Di rector SUBJECT: Court Lease - 1982 , DATE October 29, 1981 %rn `� „ + s. . Request A representative of Ramsey County has requested a lease proposal from the City to allow the Municipal Court to remain in the City Hall during 1982. BACKGROUND When the City's Municipal Court was abolished effective January 1, 1975, a two year lease was entered into with Ramsey County at $10,320 per year. This amount was based upon a rate of $5.00 per square foot determined by a comparison of market rental rates for comparable office facilities. This rate of $5.00 per square foot was also used by the cities of New Brighton, North St. Paul, and White Bear Lake in their court leases. When the court lease was renewed in 1977, the rental rate was not changed. Beginning in 1978, the rental rates charged the County have increased each year as follows: Other Cities Maplewood Percent Percent Year Rate Increase Rate Increase Basis 1978 $5.30 6.0/ $5.00 - Cost analysis 1979 5.62 6.0/ $5.62 12.4/ Other cities 1980 6.01 7.0/ $6.09 8.4/ Cost analysis 1981 6.61 10.0/ $6.32 3.8/ Cost analysis It should be noted that the rates listed under Other Cities above are for New Brighton, North St. Paul, and White Bear Lake. Roseville also rents court space to the County but has been excluded from the comparison as their rate is based upon their new city hall. Analy Continuation of the Court lease requires an analysis of the City costs associated with the Court in order to set a fair lease rate. This analysis involves cost accounting calculations and was based upon guidelines used by Hennepin County for their leases of court facilities. A breakdown of the costs is found in Exhibit A and indicates total costs are estimated at $13,625 for 1982. Relating this amount to the court rental area of 2,070 sq. ft. yields a square footage rate of $6.58. Other cities in Ramse y County were surveyed to determine the rate that they are charging the county for court space. This survey indicated the following rates per square foot: Actual Proposed 1981 1982 Roseville 7.79 8.41 New Brighton $ 6.61 $ 7.14 No. St. Paul $ 6.61 $ 7.14 White Bear Lake $ 6.61 $ 7.14 The rate charged by Roseville has always been higher because they have a new o City Hall. Proposed rates for 1982 are 8/ greater than 1981, The 1982 Budget includes estimated court lease revenue of $13,600 which represents a 4% increase over 1981 and $6.57 per square foot* This was based upon a guesstimate that the lease rate would increase by about the same percentage as 1981. Alternatives 1. Increase the lease rate by 4.1/ from $6.32 to $6.58 per square foot to recoup the estimated actual costs of the City for leasing the court space. This would generate $13,625 per yeart 2. Increase the lease rate by 13% from $6.32 to $7.14 per square foot in order to match the rate charged by other cities. This woul d generate $14,780 per year. 3. Increase the lease rate by 8/ from $6.32 to $6.83 per square foot in order to match the percentage rate increase proposed by other cities. This would generate $14,130 per year. Recommendation Staff suggests the first alternative because this would produce revenues equal to the costs for the space leased. Therefore, it is recommended that staff be authorized to execute a lease agreement with Ramsey County for court space during 1982 at $6.58 per square foott Exhibit A Supporting Calculations for 1982 Court Lease* A nnual C osts Fixed Costs (Amortized over 20 ears) TOTAL City Hall construction costs $10,719 Interest on City Hall bonds 4 9 228 Parking lot expansion completed in 1978 2 Total Fixed Costs 16 CITY $ 9,004 3,552 1 14,236 COURT $ 1, 715 676 320 2,711 Variable Costs: Building maintenance and utilities 60 50 9 Insurance 933 784 149 Grounds and parking lot maintenance 3 2 523 Building management 3 -3 600 Total Variable Costs 68 57 10 Total Fixed and-Variable Costs $85,165 $ 71,540 $ 13,625 *The percentage allocation of the above costs is based upon the pro -rata share of the City Hall used by the Court which amounts to 16/. woo, MEMORANDUM o !yam{ TO: CITY MANAGER BARRY E VANS "`- FROM CITY CLERK c+ REGARDING: 3.2 NON- INTOXICATING MALT LIQUOR LICENSE e i ­, --- PIZZA TIME THEATRE µ ±e DATE: OCTOBER 29, 1981 Mr. Allen Dean Edwards, 10311 S. Cedar Lake Road, Minnetonka, Minnesota, has applied for a 3.2 Non — Intoxicating Malt Liquor License for the Pizza Time Theatre, White Bear Avenue and Beam Avenue. Mr. Edwards has applied for an On Sale Wine License which will be presented to the City Council at a later date. Mr. Edwards has stated he does not have any interest in any other liquor establishment or liquor license. fit. �' L'P �' x Mr. e Y �,F' ?-n A ALLEN DEAN EDWARDS • y 'r - /••'Y X • .y eing - firs t duly _ sworn, deposes and says that h e hereby app ies f or a license for the term t- : - long :CITY OF MAPLEWOOD, SOTA rS � APPLICATION FOR LICENSE. TO SELL NON INTOXICATING MALT LIQUORS 41 �,' - APPLICATION FOR TAVERN LICENSE (strike out one) those premises, (stake out if not applicable) located in the City of r r r w. TO THE CITY COUNCIL, CITY OF Fee To ~' MAPLEWOOD, MINNESOTA: Receipt No On z s r v - Of .. State of Minnesota ss. Tave - s _ COUNTY OF RAMSEY Dat 19._._ ALLEN DEAN EDWARDS • s ` eing - firs t duly sworn, deposes and says that h e hereby app ies f or a license for the term t- : 0.'t' �yT�+t •rM .'a ti) � t of 7/1/81 - 6/30/82 f rom the 27tl aay of October 19_ 81 , to sell at * -retail (strike out one), non- intoxicating malt liquors, as the same are defined by law, for consumption on-- -ag _� ti > 1 ; �� y � • (strike out one) those premises, (stake out if not applicable) located in the City of r r r � `, ,� _ Maplewood, County of Ramsey, State of Minnesota, described as follows: (Insert here the legal descrip- $• - � �...{ it f� �'`o•�`ri>;.. � - - }.f. F `� * ��� tion of the land upon which the building is located.) please refer to Exhibit "A" for a legal X z t description �. +l tot - i_,�a'I'•y • • - - at which place said applicant operates the business of CHUCK E. CHEESE PIZZA TIME THEATRE, yp _ -; '� "; .� ! - a family oriented sit -down pizza restaurant /entertainment. center. � _ ..x`.l�'l .'37 "•; r - �� t' Z a _ t • 4 '' • - - , rcl: y. �� and to that end represents and states that the following statements are true and correct: - _4;:-, :4 f � �ti. •�� '��= �= a ` 10 1 e # What is you o 3 1 S . Cedar Lake Rd . _ 202, Minnetonka, Yin, 55343 r home addres �,�-� ;�' � � � � t • �'��` r :� i There is no address What is the address of the place you are to operate under the said license . F ` �" .x� •� �lT. 1 +7 r~ J•' � � i yid �� �. i � 1 . I f •_ � .{ - .. • • • et constructed. (Please see Exhib • � � � � • on at resent as the buildin is not it B for l ocat i on ) P g Y Y .FLU 4' . ma y { 1 3 7 ,7'la sKi'i'sa ' Are you a citizen of the United States ? Yes B irthplac e Klamath Fal s on _Yrr�..+�,'+'•. �� " . i$ v yr '�.^ r � %; S n �l t�'r'a "Y `o� '^� .�i�. [ �•'�•,<ra a ti } 1•n•Y T,i�3 a's's y . >.+tl - y fi e - n November 20 1956 Birth If D a t e �'x4 , ate: - � •�•� .<� � � ,.,: - { _ of a a naturalized citizen, _ _ - '._ k7.w� � {; r J r ° ; where and when did you receive your citizenship papers? _ kk:� � e ?: ' � y � iK . �' :4� �' i.Fr -• � ✓• � -. '.w ! "'`'+x )Y' ;"iC- '� _ - .. .. , .. - . iaj4"'r'R�^°w�t" f.? r` ..11'- - `> • rSA( y ,.� :..�;, r ` _ (�. :,ea " 's ^ 1' L .;.( .V 4ri '+4r { • ! 1 f i r P .. : Have you ever been arrest ed No When and wh ere ? ' • ��_ � 3 � _. � ' ��L y'�- ,� � r�� S�",ih ����qy - _ _: '. . - - - - - �4`����1F1'x. rM "•{+�jt.� -�3; �- �„��p�.i.aC'•`.♦� 1.1.�. S - '��1' t;7 �' } I' . r•c:2N•10 Ns F'R . � ' •' Have you ever been convicted of a crime ? No ,t�..•.:R•�l"k� } - '�, .1 n ar.YS Y'i+r ...>, - 1 } 6' J� 4 :t a �,:r., - �, b "+ z �:r ���' �+� w,�f �aw ry "Yj t I 1 f a. 4 � S'rJ*f•.�' J �'Cj w fi' ', 4 L�! C r , ��'t �y'3 ��. " , >, - - If so, where, when and upon what charge? "�'��,,: �rtsx * �� •� t � a , ,�, h r'��f r � - r> } - i� 'i�4'�` x a'2 '� � "`( •F..:s,r :F" > ,Lt: ...+ �` L, X . ' .. - - _ CHUCK E. CHEESE'S PIZZA TIME THE ATRE + State what name your place of business will be opera under ? '✓`P f..p �y.•r�•� r.: P . �^�r � „yJY �+v✓� N _. � �. ' 4 z r t r �'� ^ .rs.�p•.�,ay(><y„'f'';?": a�,',''t'�, ,�I�rs r` � � � ' a - - - - - .. - - Are all delinquent taxes paid upon the above described property ? Yes No Do you intend to permit dancing? ! If answer is "Yes" have you applied for tavern license? z L <'� s °aJS s sr ` Do you wish to apply for a tavern license at this time? No i/ +'w J f y . ,1s /S ., r .f'�: t)) a (, y . •a •. „t r �: r - - > i* v / Y 'f a,, ~'�'• S $`aY -� -� F - Has a License to sell non intoxicating malt liquors been issued to you prior to this dat e - No -`r ' ¢ fr�♦> i �Y /' ! a'rc'yyy . � .. � a i ''Q+^ lq x :. :. `na .iL - - - - If so, at what address? - L:.. } � i r 7 a�t� .'�' r .'rK L t i rr Y 1 }�r ♦ Y �9�,,,, j t ♦ ' ''`X ; x� ' Apnhcant further states that he is not now the holder of, nor has he made application for, nor does a . 3rY t a m ' •y'�'"r -t� � f r•.�r""y�.. J ✓LTLJI.�M�r � � � � . ' he intend to make application for a Federal Retail Dealer's Special tax stamp for the same of intoxicat ing l iquor -` e.. j ,,t` t. r•'y yy�� • r k - T : ` ! r ` ! 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J • '1 I ��:r.''ia.� tit. '.i. \ 11" "'L 'y. 'Yr .y, •t.. :' �: .4 �e w�: y+� .r ..: .. . .+.� a. -. .. . -Y. a � . , .- ,sue. .. . , .. r :...rU .... ... . -. .. S 'hL .fw'C .. '.,.. ,. , f n- , .. .. r I r : .Ik' �..r f'N'F... tC ..mi�ll�l..i s..Y.s.�. .a..�... r...]a.. x'�. ... "' .:4A ..r .._. Er.u..�t^�". w.;4.... �._ ..._. ... ... .. ♦ .r ., 1 :e •.:+. ! a..,w:.`._ Y .. :.. ... .:v_,.. 7 J _ . , n a. ,.:, v ..,. ;,. ,�, w t.,. -�_ ..y:. 1., - `.r t•+v r. La.... .fJ• - a �!.. a + .•' t r y`i •i:L.t >Ft `Y... ( dd... � ri. .r' � s. � .:�,. �:.�,•. . ' - a+ _y t�:p� �t�.�' ,,,t �.'4`:4 t. ,.�`'•.: •2� ' "Y .. ,p�Q<„yy, v#Y.,. . •. .>n -:�..• ..: .. a.,� l a: .. .i ,...:,' :,.. �Y a: r yY,p••i.= .. 1.r�3��J13 ",Y.Irraf +.'".."_'�� �.1...tc s'2^1 !:� :ayu >,�,..���.At rya ,.:�iYY7i'�M�'°P�^a!tidw4'f'+ ':. Y �`• :';?f' 'R.r?(. a ` :n `:f'�Yf �<• F ... ° y »-. : ��. ,r. _ " �-.� r" �.•. .o_r+; ts:. : : �; , �Yl.'. : x.n p f .y; yy� ...• .tVy +1 �� hY � _ J - yl it r ' r ,}acri � . .} Y r �. _ ...�+.� ,fit• 'r.`f -_f , t - 11 , �!� �- f -q ,. 4, t •Q0. - v t . ¢� r R an y ' k., • rSR xz " f�bst , c. � , A X r�;, . / `. , L - kl .1 7 . . y _ _ - < �•:: - - - .'� -- . _ P f.• .. - I ­­.. _­ . .. s t " '' .- EXHIBIT 11 - . ". I __ 1''. I ,:­ . � . � . y d 11 - I t . ' t I'_ . I I I »` =_` ` ,er �. , "'' . � .: I., .. I �'J!i7.1�1%_`.�,;,!.'._%�­a , - "'.. .. - � 4 - I , ��_-- 4! �'.. �­ - . * ': . I - LEGAL DESCRIPTION .1 , 1. I ­.;,� ­". I ....- - .,;..- -I - 1. " ,� I . ..,.:_._' -, '_..; b, - . .� . ;�::., - � - � � 7,�, .,. , - . . . . . !...­% "��, * ��? I , 6, ..... "' ' , - =x� = . I � I . � . I � . . . � . . . I � � I . � I � 11 I that part of the South ?31.5 feet of the Southeast auarter Y '. - of the 'northwest quarter (SEA,- -hTWI) Section 2, T r 29 � R 221,.. �. -���� �� _.a - . .:� r z . , . , . ,` Ci tr of �ta�leu�ood Ramse ' Count 1��innesota 1 yin Easter? r � . 1 3 Y, 3 g ��.��r a r - . � --.,.,. of thF Easterly Right -of -Way line of �ihi to Bear A�•enue . �rrieia i„ _f• yw1 , -,, . l r s • • . excep ting therefrom that part described as follows . - Becinnir.E_ _.­ � � �` �` , T k f :L.. . . at a point on the East line of the ht� I -, Section 2 distant 1 75.0 . I .. ��Y ,� ,mot T � ?� , -- fc -North of the Center of Section 2, (being the Southeast I . �, �� . ..- ` � .,: ,­ ;z , y corner of said Nu'�) ; Thence North, along the said East line of - . .. , . :: _ " _ .. parallel t.� the I I *he :�Z1 a distance of 556.5 feet; thence West ; .��s _�.. I I � �° �'., - *t �x1" I . South line of the h�1' a distance of 354 5 feet; thence South I � . � F 1 °� �1� ?� } - '7 - ��arallel to the said East line of the N�4'Q a distance of 350.0 , - , - .;4 , � �' �� � _ * = -1 �_'� ]��:.,_�� . -'� feet; thence Southeasterly a distance of 313.3 feet more or sue, n t. � , y � _Ae . ,vt = • ­ , . less, to a point on a line draufn parallel to and distant 1 o. .- ,', - ' ',+ `:• ',�. feet :�or$h of the South line of the rT�'� and distant 120.0 feet Irfa it - +-t r:4._,rAt.F.i }cfi ,'ate, c ? i Z . . y 'y` `'�` _ Wiest of the East line of said h�j1' thence East parallel to the ti `, ��' ' °���+ � � ., . + "7 1, South line of the 1�T��'; a distance of 120.0 toot to the Dint of . 4 �- s , , .. -- -�' �F�SI��a 't' =� I a, . bed nning; and also excepting that part oi' said SE1 of said . 7 .. rz k., � ; ." ., ti �chich lies Southerly of the North. line of the South 2F4 leet y :z �, ":, - ��. , N .:,.; ­ '. �� -`�i• . `" };`,.�• z I .96 . . thereof; sub jest to easements of record . 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J • •k"}'�'e.� - • • • . 1� • • n•1• • e.�•., • w .•• - • - - •. . ., FF . swr }•.,i„Z iMKY r�::� ..>i:,.- ,.,,�r..:..�• • -- _- - - LANDLORD - cr7't.- �.• i'4 5. P �y.a. -,W k �^ - � .... W.S F fy�� . .,,,'hS� to ,{.la, t •t;in�F° !.. �#! i y._S ••-' '1 t i<i • -fit xZ ' f �"rt� �'r! ° 4r r ( ,fir' " ' �� 1bt,t .r ��� - -L < k /•'- TENANT ✓�'.4!' y.-0 .5,.5` r ji.Y�•',•.ts1r f, K "a` S n�. a+ -a.,•:. ( 11 I dtkf r j••.:r' - _ fit,?. "!•. n..' - - `1fL�rs-t •�tix§fir MZ� a J -..� x , �"a'.•'a.r_-.;�. y . - I. �T�, -;� J•tt-i 17'f`'a'y 'a- ,{,M 'fir .ti.r•f.fg tre .,a�' t rn�t"r.¢ A f•v+^'/ „ I Jti'b 1�rr{�V.c_ a '% (.,,.�' r'rr �' y. • _ - . 1 - _ _ - �..w..�.......' .. ._ .. �t' ..+" DONALD L. LAIS JOHN F. BANNIGAN. JR. JEROME D. CIRESI PATRICK J. KELLY LATS, BANNIGAN & CIRESI, P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING STM AND CBDAR SAINT PAUL. MINNESOTA V5101 AREA CODE 612 224.2791 October 13, 1981 Mr. Barry Evans Maplewood City Manager City of Maplewood 1380 Frost Avenue St. Paul, Minnesota 55109 RE: Maplewood Pro j . 78-24 Parcel No: 1 Macalus property Dear Mr. Evans: ti 2.) d a. ..�,.....� ..... RejEc o d— . ate This is to advise that we have entered into an oral agreement with Fred J. Macalus and Frank 'J. Macalus regarding the above parcel. The City of Maplewood has offered Fred J. Macalus and Frank J. Macalus the amount of $4,750.00 for the acquisition of a permanent easement f or underground utilities over a strip of land containing 2,912 sq . f t. and for the acquisition of a construction easement abutting thereto containing 2,912 sq. ft. The amount of the offer is based on appraisal reports submitted to the City of Maplewood by Mr. Winf field A. Mitchell on March 31, 1981. Therefore, would you please cause to be prepared a City draft in the amount of $4,750.00 payable to the Lais, Bannigan & Ciresi, P .A. Trust Account, for the purposes of tendering the same to Frank J. Macalus and Fred J. Macalus. Thank *you for your attention to this request. Sincerely, CAIS, B & CIRESI, P.A. 'John F. B n igan , Jr. JFB/sjh October 20, 1981 STAFF REPORT To: City Manager Barry Evans ��� From: Deputy Chief Thomas L. Hague 1 7 Subject: Budget Transfer Request FM�s ActIc:n STT n En d or„:;�,� �" " Roj Date Proposal: It is proposed that the City Council authorize a budget transfer wi.t i n t e Police Department from Account 101-121-4520 to Account 101-121-4480 in the amount ' of $3,500. Background: In conjunction with the Minnesota Bureau of Criminal Apprehension and MaSyi--Corporation, we have completed our computer system software programming and the majority of the hardware instal l ati on to the point where we can determine the exact cost. We were advised today that our October statement will include billing for $9,10O.for development of the software and installation. Lieutenant Cusick has met with the Finance Director and confirmed the avail- ability of authorized 1981 funds to cover this expense. This budget transfer will not result in expenditures in excess of our 1981 authorization. Recommendation: It is recommended that the City Council authorize the budget transfers rom Account 101-121-4520 to Account 101-121=4480 in the amount of $3,500. TLH:js cc Lieutenant Cusick Budget File Finance Director October 19, 1981 STAFF REPORT To: City Manager Barry Evans .0100 From.: Deputy Chief Thomas L H Subject: Budget Transfer Request -Proposal: It is proposed that the City Council authorize a budget transfer of $5,000 from Account 101-121-4010 (Wages, Full -Time) to Account 101-121-4020 (Wages, Part -Time and Temporary) Background: With 80% of the year. expired, we have spent 100% of our part-time wage account. This account provides for a part-time Clerk Typist at 25 hours per week and a part-time Police Officer at an average of 20 hours per week. Increases in vacations and work load have required the expenditure of this account. November hunting season and December Christmas holidays are prime vacation times within this department and will require the continued use ofpart-time personnel. Account 101-121-4010 appears to have adequate funds to cover this request, 'Recommendation: It is recommended that the City Council authorize a budget transfer -of $57000 from Account 101-121-4010 to Account 101-121-4020. TLH: i s cc Budget File Lieutenant Cusick November 2, 1981 STAFF REPORT To: City Manages Barry Evans From: Chief of Police R. W. Schaller Subject: Donation to City by Trinity Baptist Church The Trinity Baptist Church, 2220 Edgerton Street, has given us the attached check in the amount of $225. They make this contribution annually in the lieu of taxes. I recommend that the City accept this generous donation and send the church a letter of appreciation. RWS:js cc Deputy Chief Hagen City Clerk MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Community Design Review Board Membership Status and Appointment of New Member DATE: October 16, 1981 At their October 13, 1981, the Community Design Review Board recommended that Council appoint Mr. Dean Hedlund to fill a vacant seat on the Board (see enclosed application). His appointment would be to fulfill the remainder of a two-year term ending January 1, 1982. Enclosed: Application to the Community Design Review Board _ Membership Status .,.. - The following is the current membership status �- of the Board: Tony Phil 1 i ppi Appointed - March, 1979 1.4r V 1st term expired - January 1, iV `.' .w+.wacw•••swaiti+ew�. 9': �' 1981 2nd term expires - January 1, 1983 Victor Lydon Appointed - August, 1980 1st term expires - January 1, 1982 Donald Moe Appointed - January 22, 1981 1st term expires - January 1, 1982 Robert Fol 1 ey Appointed - January 22, 1981 1st term expires - January 1, 1983 Thomas Deans Appointed - August 6, 1981 1st term expires - January 1, 1983 Vacancy To fulfill remainder of a two-year term ending January 1, 1982 Since January 1, 1980 the Community Design Review Board has been functioning with only partial membership. At their October 13, 1981, the Community Design Review Board recommended that Council appoint Mr. Dean Hedlund to fill a vacant seat on the Board (see enclosed application). His appointment would be to fulfill the remainder of a two-year term ending January 1, 1982. Enclosed: Application to the Community Design Review Board _ A..& PL1C"TICN TO THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD The Maplewood City Council has requested the .Community Design Review Board to review candidates for appointment to the Community Design Review Board. This application will be reviewed by the Board Members and recommendations will be forwarded to the City Council. Thank you forour interest in our work. k. Please return this application to Planning Director, City of Maplewood 1.380 Frost Avenue, Maplewood, Minnesota 55109 NAME DEAN H. HEDLUND 9-23-81 a DATE ADDRESS_ 2424 ICF1 I FR PARKWAY _PHONE: WORK 778-5943 RESIDENCE_ 483-6817 �X._YES NUMBER OF YEARS- 2 years AGF .`. _ HOMEOWNER --..NO RESIDENTF � I`A?LEWMI ` S EDUCATION Bach . of Mech . Engr. . (1979) Bach. of Environ. Design (1976) Bach. of Arch. (1976) all from the University of Min-n--esota----ns i u e of leChnorlogy—, PRESENT OCCUPATION AND EMPLOYER Advanced Project Engineer, 3M Company PREVIOUS JOB EXPERIENCE AND EMPLOYERS (LIST LAST THREE) University of Minnesota, Physical Plant, Building Systems Automation Center - re system changes/additions as it pertains to building system au oma ion. ORGANIZATIONS (PROFESSIONAL, �IV�C, CHURCH, SCROQL�isory EommiHee'R,VURT�, 8rlington Hills Lutheran Churc er Watershed Ad Killer-Gervais-Kohlman Lake Association, ASHRAE, Student Chapter MSME OFFICES HELD (ORGANIZATIONAL) BACKGROUND EXPERIENCE IN PLANNING OR DESIGN REVIEW (if any) SCh001111Q, present rtial .iob responsibilities. C01124ENTS : rr MEMORANDUM TO: CITY MANAGER BARRY EVANS FROM: CITY CLERK REGARDING: KENNEL LICENSE, 1595 E. SANDHURST DRIVE DATE: OCTOBER 29, 1981 Mr. Louis Lee, 1595 E. Sandhurst Drive, has applied for a kennel license to house four (4) dogs (Coon Dogs). He stated he is not in the business fo raising and selling dogs, only keeping them for family pets. The animal control officer investigated the kennel and has filed the attached reports. He has. received complaints of barking and other problems. Violtion tags were issued in August of 1981. -s y . • • • APPI41CATION FOR DOG FENNEL LICENSE UNE DRESS _ 1- -4 ELEP11ONE NL14BER L AME OF KENNEL RESENT ZONING OF PROPERTY ON W11I CH KENNEL IS LOCATED ' • 4 EGAL DESCRIPTION OF PROPERTY ON WHICH KENNEL IS LOCATED • ACITY OF KENNELS (BY NUMBER OF ANIMALS) KIND OF SERVICES PROVIDEDAQIX . - - QUALIFICATIONS AND EXPERIENCE OF APPLICANT FOR OPERATING KENNEL BUSINESS - i��►RKS e undersigned applicant makes this application pursuant to all the laws of the State of iinnesota and such rules and regulations as the City Council of the City of Maplewood may from time • to time prescribe. A�cE 19 SIGNED Approved by the City Council on the day of , 19 .• Approved by the City Clerk on : 0te day of , S 4 , 19 Fee pari $ Date'.-' Receipt ho. N 0 T I C E O F H, E A R I N G NOTICE IS HEREBY GIVEN that the Maplewood Cit Council at its meeting Y eting of Thursday, November 5, 1981, at 7:00 P.M. in the Council Chambers of the Maplewood Municipal Building, located at 1380 Frost Avenue, Maplewood, Minnesota, will con— sider and publicly hear the request for a Kennel License for: APPLICANT: Louis Lee 1595 Sandhurst Drive Maplewood, Minnesota, 55109 PROPOSAL: To provide housing for four(4) pet dogs (Coon Hounds). LOCATION: 1595 Sandhurst Drive Maplewood, Minnesota, 55109 ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA Publish: Maplewood Review — October 14 and 21, 1981. � Arrived GriCleare � d Z. � 3• Squad: p o' MAP � E W� 0 fl isDepartioe, 4• Re M�scF e �G s'art Received LU�EOUS REPpR �C-se 7• Time Z By: N�"�ber S. Co � • Ndture o� RepoHrs, mlainanf:rt l0. How Receivedz,--__,it 13'���• Assi J� 9' Place of 0 gn�d T °'---�� 11. Ti ccUrrence: � �� �'1 6 • Pl�o me SAN phone No.. 16�=e and pate of Occ,......_ . r _ Ok�14,��. >>• Name 18. Npme vp 04 "�. "•��nCe• F Q - eporfec/ By: rs . A S + 120 1-5 •Address: � 19% O�i . TIME PHONED R.C. Z. CN CITY OF MAPLEWOOO SUPPLEMENTARY POLICE DEPARTMENT I. DAY MO. DATE YEAR .4. TIME b. DIST I , 6. SQUAD OR UNIT 7. OFFENSE ORIGINALLY REPORTED S. OFFENSE CHANGED TO I. OFFENSE RECLASSIFIED IME AND DATE OF THIS REPORT 11. MULTIPLE CLEAR UP �)nYES ❑ NO ❑ 2.A. DDITIONAL PROPERTY TAKEN IN ORIGINAL OFFENSE 13. VALUE 4. DESCRIBE ARTICLES RECOVERED RECORDS ❑ CRIME LAB LOCKER ❑ 15. VALUE olsPosIT10N CRIME LAB ❑ PROPERTY ROOM ❑ 6. NARRATIVE: SHOW CASE DEVELOPMENTS SINCE LAST REPORT. DESCRIBE PROPERTY RECOVERED AND VALUE. GIVE NAMES AND ARREST NUMBERS OF PERSONS ARRESTED. IF OFFENSE CLASS CHANGED, EXPLAIN WHY. IF MULTIPLE CLEAR UP LIST ALL ORIGINAL C.N. F ARREST ARREST NUMBER LAST NAME FIRST MIDDLE ADDRESS O.O.B. AGE SEX PHONE An ? . 1 iA ate. 17. FURTHER ACTION AND REPORT REQUIRED YES ❑ NO ❑ 19. REPORTING OFFICER 18. STATUS ol CLEARED BY ARREST ❑ NOT CLEARED ❑ UNFOUNDED ❑ BADGE REPORTING OFFICER BADGE TYPIST 9 EXCEPTIONAL CLEARANCE ❑ SUPERVISOR iso A i 2!�rL 41 - IP 91 'm - -mO. -atagat, Vs In violation of the Statute or Urijinince is No 1 In sui:h w,,e mace and pf.ividedand against the peaLe and dignity of the Sidle of Minnesota. DEPARTMENT' 0 Building ❑ I ire ❑ health ❑ Lit eow koiice ❑ Publio. W-,)iks jJ Other .aT1 ill to% 10 It"I J I fall to 11(i W .0 adf(doll fur Citing L.. %iUlaill MI difell Moot W lWad Ulfiw& Dept The COMPLAINANT, being duly somofn stales that he believes that the facts sloulion aLove. 10J any SUPPU1011191 Of. SUPPleftflioll S11141fn ItStiflioriv. e"hsh probable cautie to believe that the above-rumed Defendant committed the offense described 1HEREfOR1. Campidinarill fequtilt that said Detendant. SuLlett k, Udil of cooditiolis of fele4lot wht.-le IpPIKAble (1) be arrested Of IR41,0111lef lawful steps be taken to ubtdia his appearance in cuutt, or 12) be delainfed, it alfe"y in custudy, ; ending fuilliet PIOLLedings: and that he otherwise be dP411 01-th ALWIJIVI!, IV ld* COMPLAINANT: Ail,WrAl. It) PkiUCLITE HiRLBY APPROVES THIS COMPIAINI i ItJ Iflit; Of r -I--. dAbLL LAU I-11 :be A0,16t 1 .00 1 1 ".PPA1,14 Alfid4v '. ul 1.uplolorlitrilld, .0 to 11. I Moll 'fie '-will utt-t!.. I'd9t, 4t!tlIl1t aea thaot pfUllodbig LAu)g tia tl. 10 'Aj;)P0lJ. IOUDIC0 111) kiall Of Uildll;unS Ul (elfldA folleft dopilubit, �Ottendailt i afftiOl U1 'Antf 1401U. Iewll to be *join 10 obtaft, moi app -m ill, ell Ill 1 01 -it I 'J41I!,111-01 I Iffedil Irl LU Jqj I yrolki-114 I•all.to I'l if -P llf., kil'. '4-114 is Ifirleluir k rldi(o.'a wlh Illi dilviot sidled ullell'Ite DATED: a a 011, So* M.C. IGO 0 1* dayof19 at G1 AM 0 PM it juvenile No. &to -4 0 Ot GOP. C, 004 an 0. •GO ....a. 4 *41 Of o- ...... 4 Go aeg, Go. Go TA so t••44 +11, 1 ....... o IA. Lot.. uf 01 Lit. HI. wt. Sex Race 010, IN TH(CITY rol'o I o I Location of offense jh�,\n *,too 0 00:0. So. I "..00wou 06 G GO. a- ........... . ......... located in the County and State ituretiald, and did then and there commit the followinR offense. .00 too 0. or.* a.•..a. Ott 1. Go. *0 I. Go 60. so.. .90. a.. 7. 1. 01 Go A.0 4 (�'o".-a!'.4a-$ 0* 6.04 -1 t, or So a -41:41, at 00. 0 a 0 to It, sot G. GO a -a G, go. a . a.a.. a a•4. 6 Got, q ... ...... a*. .1 .a. a so. a. ot. 0. avowill-I' 4 a..... a Go GO. oo.oto a 4 too oil &a a ....•.r.. 9 Olt a*. GO to olo. ft# 4. .6.6 ­ 7••., 6 Ga Ga o", . a# 4,0. abotwoor -J ...o. *.Sao.. , a *...a. 4 at 11404041 @ a GO d - 6,1 ...... a* - Atoo ••..•.•• .a Goo o4 . 46.6 ••.•.M.• 46--go.o. a Ga qr;- SO. a Go to .7 _.t7l a#% A a a - ,so* •.a•.•+,'., t........ • 1••• ....... ft 000ia�� a.. a "a, 1-66.6 •.••.- 64 a a ago ...... a 1. .4 a• le. A. STATE OF MINNESOTA - RAMSEY COUNTY MUNICIPAL COURT Inc undersigned being duly Sworn, upon nos oatn deposes and says DIVISION NO. CITY 0 'vf7 I B iso A i 2!�rL 41 - IP 91 'm - -mO. -atagat, Vs In violation of the Statute or Urijinince is No 1 In sui:h w,,e mace and pf.ividedand against the peaLe and dignity of the Sidle of Minnesota. DEPARTMENT' 0 Building ❑ I ire ❑ health ❑ Lit eow koiice ❑ Publio. W-,)iks jJ Other .aT1 ill to% 10 It"I J I fall to 11(i W .0 adf(doll fur Citing L.. %iUlaill MI difell Moot W lWad Ulfiw& Dept The COMPLAINANT, being duly somofn stales that he believes that the facts sloulion aLove. 10J any SUPPU1011191 Of. SUPPleftflioll S11141fn ItStiflioriv. e"hsh probable cautie to believe that the above-rumed Defendant committed the offense described 1HEREfOR1. Campidinarill fequtilt that said Detendant. SuLlett k, Udil of cooditiolis of fele4lot wht.-le IpPIKAble (1) be arrested Of IR41,0111lef lawful steps be taken to ubtdia his appearance in cuutt, or 12) be delainfed, it alfe"y in custudy, ; ending fuilliet PIOLLedings: and that he otherwise be dP411 01-th ALWIJIVI!, IV ld* COMPLAINANT: Ail,WrAl. It) PkiUCLITE HiRLBY APPROVES THIS COMPIAINI i ItJ Iflit; Of r -I--. dAbLL LAU I-11 :be A0,16t 1 .00 1 1 ".PPA1,14 Alfid4v '. ul 1.uplolorlitrilld, .0 to 11. I Moll 'fie '-will utt-t!.. I'd9t, 4t!tlIl1t aea thaot pfUllodbig LAu)g tia tl. 10 'Aj;)P0lJ. IOUDIC0 111) kiall Of Uildll;unS Ul (elfldA folleft dopilubit, �Ottendailt i afftiOl U1 'Antf 1401U. Iewll to be *join 10 obtaft, moi app -m ill, ell Ill 1 01 -it I 'J41I!,111-01 I Iffedil Irl LU Jqj I yrolki-114 I•all.to I'l if -P llf., kil'. '4-114 is Ifirleluir k rldi(o.'a wlh Illi dilviot sidled ullell'Ite DATED: . . . . . . . . . . GO, Parent's name, M.C. on the dayof19 at G1 AM 0 PM it juvenile No. &to -4 0 Ot GOP. C, A. -3 an .a. ....'sq., a..'.Oo. .0 -A Address Home City 'gaff Name Go. Go business State Birth Date IA. Lot.. uf 01 Lit. HI. wt. Sex Race 010, IN TH(CITY rol'o I o I Location of offense jh�,\n *,too 0 00:0. So. I a*. Go Ga as G City of violation CtiARGE- located in the County and State ituretiald, and did then and there commit the followinR offense. .00 iso A i 2!�rL 41 - IP 91 'm - -mO. -atagat, Vs In violation of the Statute or Urijinince is No 1 In sui:h w,,e mace and pf.ividedand against the peaLe and dignity of the Sidle of Minnesota. DEPARTMENT' 0 Building ❑ I ire ❑ health ❑ Lit eow koiice ❑ Publio. W-,)iks jJ Other .aT1 ill to% 10 It"I J I fall to 11(i W .0 adf(doll fur Citing L.. %iUlaill MI difell Moot W lWad Ulfiw& Dept The COMPLAINANT, being duly somofn stales that he believes that the facts sloulion aLove. 10J any SUPPU1011191 Of. SUPPleftflioll S11141fn ItStiflioriv. e"hsh probable cautie to believe that the above-rumed Defendant committed the offense described 1HEREfOR1. Campidinarill fequtilt that said Detendant. SuLlett k, Udil of cooditiolis of fele4lot wht.-le IpPIKAble (1) be arrested Of IR41,0111lef lawful steps be taken to ubtdia his appearance in cuutt, or 12) be delainfed, it alfe"y in custudy, ; ending fuilliet PIOLLedings: and that he otherwise be dP411 01-th ALWIJIVI!, IV ld* COMPLAINANT: Ail,WrAl. It) PkiUCLITE HiRLBY APPROVES THIS COMPIAINI i ItJ Iflit; Of r -I--. dAbLL LAU I-11 :be A0,16t 1 .00 1 1 ".PPA1,14 Alfid4v '. ul 1.uplolorlitrilld, .0 to 11. I Moll 'fie '-will utt-t!.. I'd9t, 4t!tlIl1t aea thaot pfUllodbig LAu)g tia tl. 10 'Aj;)P0lJ. IOUDIC0 111) kiall Of Uildll;unS Ul (elfldA folleft dopilubit, �Ottendailt i afftiOl U1 'Antf 1401U. Iewll to be *join 10 obtaft, moi app -m ill, ell Ill 1 01 -it I 'J41I!,111-01 I Iffedil Irl LU Jqj I yrolki-114 I•all.to I'l if -P llf., kil'. 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"• �•. ♦ • '. .41• i • ...1.41.6. ... .. .. ►•.• .141'..• �'y •�'•" •. .♦.. rs •' 6666 •'•..7 • .. .. [. .•.• •.••. :�•. 6.666• i soa •••6..••• •►,y. ••.• ••1 • 6666\.• 1' •41•• �• •i .. '6666 • r..: '. . •. 1 •••N - t •.: w.•:• •. ••.�. •'. ••• • '. �., •• •.. .• •••6„•��,�• -. �•••aLtwo •�• - :• .•••:•, '•6•�Z �•A 1 • •'i'.. <:R 666..6 •• •1t � • u�J••. •••.. to 141f•..••,\,�•, ,r_! ..•. 'f'. •w '• op So. 11 ..:,:: •-'••'� 1:1' .•.66 •'..•�. . •..416. t'S: :': �.'. •'•' 41 I':•:'.r.•, ,, `• .. 'Ji ; .:' :" :: ear`' ..:.'.:.'�,:i .•:•... :.. ;...... .. , r - . 1 •.' . •; ;•.% t 4 ' •....- .'::..:•...411.•... . ,•••• .•.• . . ••. •,.. • ♦ .• ..• .. ... :...•, •0• 6666 . '•i/•. t• • iy\ tl STATE Of MINNESOTA • RAWEY COUNTY MUNICIPAL COURT DIVISION NO. '� CITY OF '�{''�•�.. t �� rian 1 O 3 The urJerc►gne^. hemg duty sworn, un his oath deposes and says ■ � m On thl: 7 day of so 1: Parent's name, o'Ltack 6�AM PM it tu'.rmle M.C. a No. t Heine ... N �• 004 City _1VI - .� Address �j �j NameS Business Siete 4 Birth Gate Ch. llc. tar D L Llc. Ht. wt. Sex Race UID, IN THF CITY OF: + `,-ice✓ 0 Location of o!tense i CHA,'WE located in the County and State aforesaid, and did then and INIP Commit the following o Itttense yVI'lation i 1. 1 'rofn. to 1t%0U1W 111 11.11 L-1411 In i on dd:e indlialed and 1 ,ado-1•tin \ t » ` �._.._�.� / , / ,•, Itla' d t tal. to di '•t a Zwani Loi ':'ilfiAj', ""� • ,� , ` Ulhccr - Citing My allrst 1!41 Dr 1:,,ied t1i41r1 1 1 NurnOer % 0tyt The COMPLAINANT, being -July swoon, ;tales that fie beileves that the facts shown abode, and any supporting alfidjQzAepoirts of supplemental swom teillmony, establj .h probable cause to betitm: that the above named Defendant committed the offense described. TmUlf Old, C.,Inpiamant ftquests that :ard Defendant, wbfeLt :o boli or conditions of release where applicable ( I) to attested or that uther iJwtul steps be taken to otitaln his appearance in court, or (2) be detained• it aileedy in custody, pending further proceedings; and that he otherwise be dealt N.tn ai:iurdln j to ►aw E t COMPLAINANT: MI•akUvA1 IG l RO"ILLIH HEREBY APPROVES THIS COMPLAINT 1 F jtr.I•:•t, Of FRW Alit BAJA f if,.ai i:ic d4u•r •wuln I•.i: ai.J 4111 iJVVJ1ti1.d dlt.dy011S lit ;.., ylrinrtltai ;w . • It' : 'fit, '.I Inr, luUit ur 1:;. 11� t;►r• .e•. 1►art drlrrnllnrJ In•1 ;,IuDablc _auk e••.1: 1. •icy .ri Suptr.l l 14 �d•1 it An0•140J61: A mea tie rnrlr apy6iaDtt, UCitlWanl SAI(V)1 ul 6iiner Buie' �tepi tJ �t jd.cn jo ,(.ia1Sl 7y,tdid.l C •'1 ;u:j Vf drlYfll .tn, :t ,'.rraul n .I►',:•:JJ ;,C'i•nj 1„tmf:t ;,l".•rtj r'. Int dCle'lodlll �!.rIC1�IC .'Mt�'C•S ••In IIIC dqu.0 .Sal«� otlrll'ir DATED. 0 So Ole -ji 6..6.66•to 0 .• . •� •'. • .• . S •r • .. i I '. • • • . • • , • . •:, ••••••r•.. .�3i .••: ~66...66 i. • ••••••. u• .•.. •.. SOO be ----- ••.w1• : � 1; • ' . .••. •. • •H • ••. ••. 66..66••. ••. �.. ,� 1 - „ ; ' , .. .• •• 4110•' � .• 1666 6666: • •••. .,, a,•• .: •• •. t: ••. 666...6« v "•j� ►•: :� ... • • N .. • .. :•.i • . : • .• , ••tip. •i(-•�• •••..•••• •• •', .. •...••f .. .. ,. ......•..«.. '. a• .. ...... '•' ...0.ado. •L •t ♦.. ..66.6.6•.. •.•• N•'••e.• �.� •.. 6666•• at 6666. •..!•mo••.• •. •f•.••••,• •• ..•. •�••• :1�. '.i •• . f.• •• 0 to :: • 0 •cam •.......••.: •. 6.41 -1619 ..•.• .41.6••" ` • ....•.. •••. ,,, ........ t, . '•••. ... too •.. ••.•..oot...• ..�:. ....7.•1 .. .•41.4..• • •.:....• �.... 04 66:,66 Y. ..� •.. .:........ ••. �•••. •6.. .. •.. '..• •410Im ' I `•4141 ••• ••• 1•.• w '• •• •6.1.41••.••• ' trao••• •••••••411• �•+'•• .f •• •. 6666 • •• .• ••• - • •• ...41 ••M .`• ..••••.••, - '-j� ••. . .6•••0.6,. •. • f• •..: • •. . . . . ... ... .60 ....: _.�;.W.- .. .: to ... .. .. So •• •. •••f• � ! •6•.-m i 6666 •�.••1••• 4 .• •.6•fY4• i ••f••..• • .641.6-• .. 6•w• 1 M`"',lam •.•• •.':.•'• •' i to '.411. flat 6666.•• ' .411416•••f6r L: :41i•%...•. .66.66. •M t 1 .6..666 -• _ ,•4141. .�' � •••' .1 toto .. • toso • y . • :. • •. • • • . • , •• t.•y( -6.6.6 •• •.• ■ •• .••.�••.•. •f• t Soo • • •: •'V • • •, 1666 •. . .. ••. .,•• • • • .• 6666 .1 _. IF . •.". •.••.. • 6666... toe C. • :. S. ... . •:•1 41•• i_• .w•�•w.f• Ay+PJI+PJ S. So .f4f. .. ::. . .. .. •• i.... •• 6.6.66. . PERSONS NOTIFIED FOR DOG KENNEL LICENSE FOR 1595 Sandhurst Drive: David O'Connor 1575 E. Sandhurst Drive 57 68800 110 24 Lawrence Fontaine 1576 E Sandhurst Drive 57 68800 170 25 Frank Va s t er l ing 2183 Germain St. 57 68800 190 25 Alfred Stewart 1586 E. Sandhurst Dr. 57 68800 180 25 Ann M. Rogers 1610 Sandhurst Drive 57 68800 100 26 Richard N. Harris 1622 Sandhurst Drive 57 68800 190 26 James Wahlstrand 1611 Sandhurst Drive 57 68800 022 23 Mark Sigmundik & Candres K. Nord 1613 Sandhurst 57 68800 020 23 Joseph Timmers 1621 E. Sandhurst Dr. 57 68800 029 23 Francis N. Timmers. 1655 E. Sandhurst Drive 57 68800 012 23 John J. Kavanagh 758 E. 4th St. St. Paul, Mn, 55106 57 68800 021 09 Joseph Wewnes 1581 E. Sandhurst 57 68800 024 24 Elizabeth J. Brooks 1546 E. Laurie Rd. 57 68800080 24 Elizabeth J. Hughes 5168 D. Garden Lane Las Vegas, Nev. 89119 57 68800 080 24 Frances E. Hughes 10431 Lynn N. Apt. F Mira Loma, Cal. 91752 57 68800 040 24 Mark IV Realty Co., Inc. & Taradan, Inc. 126 -2nd St. So. Stillwater, Mn. 55082 57 68800 021 24 Arnellia Allen 1595 E. Sandhurst Dr. 57 68800 022 24 j 41 MEMORANDUM TO: City Manager FROM: Director of Community Development . p Action b� Cot,.�c� S UBJECT: Zoning Code Amendment - Minimum Floor Area DATE.: April 2, 1981 Endorse .— Mo chi i �.- ..�......w..e.... R j e c t e d____�_ SUMMARY OF PROPOSAL Date �es 1. Amend Section 904.010 (6) to establish less restrictive minimum um f1oor area requirements for detached single-family dwe l l i n s 9 2. Amend Section 916.010 of Code to include definitions for. floor area and commonly referred to single family detached residence types, Proposal Refer to Attachment A for an explanation anati on of the dwelling p types referred to below. 1. Abandon the present method of using only first floor area toe ' establish minimum dwelling size. Adopt a "total floor area" method and revise the code to include a definition of how floor area is to be calculated, 2. Establish new reduced minimum fl oor areas , as follows: a. One-story dwellings, 864 square feet(presentlyq 1040 square feet) b. 1 I/ - 2 -story and bi -1 evel dwellings, i n s 1008 square • 9 � q are feet (presently 960 .square feet for first floor), c. Two-story dwellings, 1056 square feet (presently720 s feetfirst floor square for 3. Establish a separate category for - tri -level level dwellings, with a minimum mum total floor area of 975 square feet. 4. Replace the requirement of three livable r ooms and a 90 square foot minimum mum room requirement with a statement that room size and number shall be consistent with Uni form 'Bui lding Code standards. BACKGROUND Exi sti nq Code Section 904.010 (6) - Room Size Requirements - states that:" In every dwelling house hereafter erected, there shall be at least three' 1 � va b 1 e rooms. The overall first floor dimensions of any dwelling house hereafter erected shall not be less in area than the following: l . a one -floor, rambler -type home, 1040 square feet 2. a one and one-half story dwelling, 960 square feet ry 3. a two-story dwelling, 720 square feet. no livable room, except the kitchen shall be less in area than 90 square feet." State Building Code Requirements In 1977, Richard Brooks, Assistant Director of the Minnesota Building Code office determined that, based on Building Code minimums, a two-bedroom house could theoretically be constructed with as little as 493 square feet. A three-bedroom dwelling could be built with as little as 563 square feet. Using these same standards, but in conjunction with a convenient, livable floor plan, the minimum square footage for a two-bedroom would be 624 square feet and 708 square feet for a three-bedroom dwelling. The source of these revised figures is a report published by the Metropolitan Council entitled Modest -Cost Housing_ in the Twin Cities Metropolitan Area, 1976, Model Residential Code Recommendations In 1.976, a Model Planned Residential Development Code was prepared by a consultant t for the Metropolitan Council. Estimated minimum, adequate, and generous total floor areas are recommended on the basis of family size. The following table illustrates the results: LIVING AREAS RECOMMENDED BY THE MODEL PLANNED RESIDENTIAL DEVELOPMENT CODE 1 Includes additional kitchen area, sleeping area, entertainment area second bath. ,and Source: Developed from Model Planned Residential Development Code prepared for the Metropolitan Council by Bather, Ri ngrose, Wol sfel d, Inc., Project Manager, Myers and Bennet Architects, Inc.; Ross, Hardi es , O' Keffe , Babcock and Parsons, December 1973, - 2 - (Square Feet) Minimum Size of Adequate Adequate Total Generous Total Household Total Floor Area -F1 oor Area Floor Areal 2 adults 475 558 592 2adults + 1 child 650 715 775 2 adults, 2 children 785 805 S85 2 adults, 3 children 940 19040 13,105 1 Includes additional kitchen area, sleeping area, entertainment area second bath. ,and Source: Developed from Model Planned Residential Development Code prepared for the Metropolitan Council by Bather, Ri ngrose, Wol sfel d, Inc., Project Manager, Myers and Bennet Architects, Inc.; Ross, Hardi es , O' Keffe , Babcock and Parsons, December 1973, - 2 - Metropolitan Council Recommendation The Metropolitan Council 's position is that local land use regulations and . comprehensive plans should not specify minimum floor areas for single-family dwel 1 i ngs. It is their position that the Uniform Building Code provides adequate regulation. The Metropolitan Council gives weight to this recommendation, by ranking applications for recreation and transportation grant funds. Of 100 total ranking 0 9 points, two points are awareded to those communities who do not have minimum floor area requirements, Survey Results - Metro Area Communities Of the eleven communities surveyed, ten have minimum floor area standards which are less restrictive than Mapl ewood' s . Three of the ten rely totally on the Uniform Building Code minimums. Of the eleven communities, ten use the number of bedrooms as a basis for minimum floor area standards,, North St. Paul, like Mapl ewood, uses bui 1 di ng type (i.e., 1 -story or 2 -story) as a basis for minimum floor area require- ments Refer to attachment B), Home Builders Survey Several Metro area builders (Capp, Dynamic, Sussed ,and Wausau) were contacted regarding typical first floor area ranges for two and three-bedroom, one-story, bi-level and r'- -(Refery t 1 evel , and two-story tory structures . to Attachment C for res u.1 ts) . CONCLUSION Analysis In recent months, several proposals have been received by our department for construction of dwellings which would contain less than the required minimum floor area two-bedroom dwellings, in particular. In speaking with several promi pant metro area builders, a trend appears to be established toward smaller house sizes in particular, a return to the two-bedroom home, A survey of metro area communities revealed that Mapl ewood' s present codes are overly restrictive with recent trends. The result is that some persons are being put in a position of having to over build relative to their needs, in order to build in Maplewood, In light of rising building costs, smaller family sizes, rising utility costs, and an industry trend toward making smaller housing st y1 es avai 1 able,Ma i ewood's present minimum floor area requirements should be revised downward. Any revision, should take into consideration the following points: Establish a square foot minimum which will accommodate a variety to two- bedroom floor plans, 2. Not lower the minimum so as, to significantly affect housing mass, as viewed from the street, relative to existing housing stock. - 3 - t`The proposed reductions in minimum floor areas would accommodate a diversity of architecturally proportional two-bedroom and smaller three-bedroom dwelling styles, whose mass would not appear significantly different than that of existing housing stock. Recommendation Adoption of the attached resolution, amending Sections 904.010 and 916.010 of the Zoning Code regarding minimum floor area requirements for single family detached dwellings. Enclosures: A. Definition of Residence Types Be Survey of Metro Area Communities C. Floor Area Survey - Builders D. HRA Recommendation E. HRC Recommendation F. Resolution r ATTACHMENT A 4 = - D. A. _'RALRi.V Out r r nm r err—'— _ W_ - 001 _ ! lot �....r _ ► - Z r E'er ► = = ll �- B. 1 E. F. i� - •Y'.r r.y Types of Residences A. 1 story residence single floor level usually at grade level. t B. 1-1/2 story residence two floor levels; one at ! grade, one above grade which does not have full ceil- ing height for entire above -grade level. C. 2 story residence two floor levels; one at grade, one above grade, both with full ceiling height. D. 3 story residence three floor levels; one at grade, two above grade, all with full ceiling height. j E. Tri -level residence - three floor levels; usually one four feet below grade, one at grade, and one four feet ' above grade, all with full ceiling height. s F. Bi -level residence two floor levels; usually one four feet below grade, one four feet above grade, both with f4all ceiling height. May be on sloping lot with lower level ' partially exposed. ATTACHMENT B SURVEY OF METRO AREA COMMUNITIES MINIMUM FLOOR AREA REQUIREMENTS (Single Family Detached Dtiwel 1 i ngs ) MARCH 1981 1. Brooklyn Center - Uniform Building Code 2. Brooklyn Park 2 bedroom 768 square feet foundation size 3 bedroom 960 square feet " 4 bedroom 1160 square feet " 3. Moundsview 1050 square feet for all single family dwellings 4. New Brighton - Uniform Building Code 5. Richfield - Uni form Building Code 6. Robbi nsdal a (Measured from interior of strucuture) I bedroom 720 square feet 2 bedroom 820 square feet 3 bedroom 920 square feet 4 bedroom 1050 square feet 7. White Bear Lake Lot Size Floor Area 150 feet wide x 150 deep 1200 square feet 100 feet wide x 120 deep 1200 square feet 80 feet wide x-110 deep 800 square feet 60 feet wide x 110 deep 800 square feet 8. Woodbury 1000 square feet of habitable square feet, less below grade levels 9. Coon Rapids 1200 square feet in an R-1 zone (minimum lot area of 15,000 square feet) . 960 square feet in an -R-2 zone (minimum lot area of 10,800 square feet) . 10. Oakdale Lot Size 10,000 square feet 15,000 square feet 11. north St. Paul One Story ] 1/2 story 8i and Tri -level 2 story 2 bedroom 960 square feet 3 bedroom 1000 square feet 2 bedroom 1000 square feet 3 bedroom 1040 square feet 1 and 2 bedroom 900 square feet 3 bedroom 1040 square feet 4 bedroom 1200 square feet 800 square feet first floor 400 square feet second floor same as one story 700 square feet each floor 1 story 900 - 920 a Bi -level 850 a (a) a trend toward if codes will permit ----------------------------------------------------------------------------------- Square foot areas calculated as follows: 1 story Foundation size Bi -level main floor plus entry Tri -level ............ on -grade and above grade levels two-story 000000000000 foundation size ATTACHMENT C FLOOR AREA SURVEY - METRO AREA BUILDERS CAPP HOMES 1 story 1100-1200 square feet Bi -level 905 and up square feet Tri -Level 1000 and up square feet Two Story 750 square feet DYNAMIC HOMES 1 story 960 - 1040 square feet Bi -Level 864 and up square feet Two Story 725 and up square feet SUSSEL 1 story 2 bedroom 816 - 952 square feet 3 bedroom 988 - 1600 square feet Bi -level 2 bedroom 894 - 1100 square feet 3 bedroom 1003 - 1312 square feet Tri -level 1003 - 1312 square feet two story 760 - 880 square feet WAUSAU HOMES 1 story 900 - 920 a Bi -level 850 a (a) a trend toward if codes will permit ----------------------------------------------------------------------------------- Square foot areas calculated as follows: 1 story Foundation size Bi -level main floor plus entry Tri -level ............ on -grade and above grade levels two-story 000000000000 foundation size MEMORANDUM TO: City Manager FROM: Housing and Redevelopment Authority SUBJECT: Zoning Code Amendment - Minimum Floor Area DATE: August 20, 1981 On June 9, 1981, the HRA made the following recommendations: 1. Commissioner Morris motioned and Commissioner Bryant seconded, to establish the Uniform Building Code as the minimum floor area for single-family detached dwellings. Motion carried 3 to 1 (Commissioner J uker opposing), 2. Commi ssi oner Morris motioned and Commissioner Fischer seconded, that in the event the Planning Commission or City Council considers the Uniform Building Code's floor area requirements to be too low, that 800 square feet should be established as a minimum floor area for all styles of single-family detached dwellings. Motion carried 3 to 1 (Commissioner Juker opposing). CITY r- M LE J/OOD AI . r 1380 IROS"F :A'l'I:\`UE �I:ki'1,I=NVC C7 MINNESOTA ~- I). . I I N ESO I'A 55109 770-4500 MEMORANDUM August 17, 1981 To: City Manager _ From: Maplewood Human Relations Commission Re: Zoning Code Amendment - Minimum Floor Area At its regular meeting on August 4, 1981 the Hum ' Human Relations Commission reviewed the staff proposal relative to minimum floor area standards for single-family dwellings, Following deliberation and presentations on this subject, the following actions were taken: Motion was moved by CoTu-nissioner Bryant, seconded by Commissioner Fischer, to establish the Uniform Building Code as a standard for the minimum floor area of single family detached dewellings. (Motion carried unanimously) Motion was moved by Com...missioner Bryant, seconded by Commissioner Fischer, that in the event the Planning Commission or City Council consider the Uniform Building Code floor area requirements to be too low, that 800 square feet should be established as a minimum floor area for all styles of single family detached dwellings, (Motion carried unanimously) MHRC/pw 11 ORDINANCE NO. AN ORDIfJANCE AMENDING SECTIONS 904 AND 916 OF THE MUNICIPAL CODE RELATING TO MINIMUM FLOOR AREA REQUIREMENTS THE COUNCIL OF THE CITY OF f4APLEWOOD DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 904.010 (6) is amended to read as follows: (6) Minimum Floor Area Requirements a. The floor area of 'any detached single family -dwelling, hereafter erected, shall not be less than the following: 1. A one-story dwelling: 864 square feet 2. A tri -level dwelling: 975 square feet 3. Bi -level and 1 1/2 -story dwellings : 1008 square feet 4. A two-story dwelling: 1056 square feet. b . Room size and number shall be consistent with Uniform Building Code standards . SECTION 2. Section 916.010 is amended to include the following new sub- sections: (20) Single-family detached residence types are defined as follows: a. One-story residence - single floor level, usually at grade level. b. One and one-half story residence - two floor levels; one at grade and one' above grade, which does not have full ceiling height for the entire above -grade level. c. Two-story residence - two floor levels; one at grade and one above grade, both with full ceiling height. d , Tri -level residence - three floor 1evels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. f . Bi -level residence - two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially Y exposed. (21) Floor area for single-family detached dwellings shall be calculated culated as follows: a. The total floor area of habitable levels at or above grade which have full ceiling height, b. One half the floor area of habitable levels arti al i below grade with full ceiling height, (22) Habitable floor area - as defined by the Uniform, Building Code. . (23) Grade - as defined by the Uniform Building Code. SECTION 3. This Ordinance shall take effect upon passage and publication. Passed by the City Council of the City of Maplewood, this day of ,19 Mayor Attest: Cl erk Ayes - Nays - �o•s'-8t F. Code Amendment- Minimum Floor Areas Associate Planner Johnson said Staff is recommending to amend the Code to establish less restrictive minimum floor area requirements for detached single-family dwellings and to also include definitions for floor area. Commissioner Fischer moved the Planning Commission recommend that Council establish the Uniform Building Code as the minimum floor area for single family detached homes. The Commission discussed the dwel l i iiq size that would beermi tted g Uniform Budding Code according to the Unif r P . Motion failed for lack of second Commissioner Fischer moved the Planning Comi ss i on recommend to the Council a revision to the Code to allow an 800 square foot minimum floor area for single-family detached dwellings, Commissioner Sletten seconded Motion fails Ayes - 2 (Commissioners Fischer & Sletten) Nays - 6 Co , i i ss i oner Prew moved the*_ -Planning, Commission recommend to the Ci ' t Council amending Section 904.010 6 as follows: (6) Minimum Floor Area Requirements a. The floor area of any detached single family dwelling, here- after erected, shall not be less than the following: I*' A one-story dwelling: 864 square feet 2. A tri -level dwelling: 975 square feet 3. 'Bi -level and 1 1/2 -story dwel1ings: 1008 square feet 4. A two-story dwelling: 1056 square feet. b. Room size and number shall be consistent with the Uniform Building Code standards. Also. amend Section 916 010 to include the following new subsections: (20)Single-family detached residence types are defined as follows: a. One-story residence single floor level, usually at grade level, b. One and one-half story residence - two floor levels; one at grade and one above grade, which does not have full ceiling height for the entire above -grade level, c. Two-story residence - two floor levels; one at grade and one above grade, both with full ceiling height. 'Y d. Three-story residence - three floor levels; one at grade and two above grade, all with full ceiling height. e. Tri -level residence - three floor levels; usually one four feet below grade, one at. grade, and one four feet above grade, all with full cei 1 i ng height. f. Bi -level residence - two floor levels; usually one . .four feet below grade, one four feet aboverade, both with f ' 9 t full ceiling height. ght. May be on sloping lot with lower 1 evelarti a P fly exposed, (21)Floor area for single-family e- f ami 1 - 9 y detached dwellings shall be calculated as follows: a. The total floor area of habitable levels at or abover have full g ade which ceiling height b. One-half the floor area of habitable • le 1 eve] s partially below grade with full ceiling height. . (22)Habitable floor area - as defined b the ' y e Ung four, Building ding Code. (23)Grade - as defined by the Uniform Building Code. de . Commissioner Pel 1 i sh seconded Commissioner Fischer moved an amendment to chane the minimum square feet for a one-story dwelling to 800 square feet. Coruili ssioner Hejny seconded Ayes - 5 Nays.- 3 (Commissioners Whitcomb, Pellish, Kishel) Voting on the motion as amended: Ayes - 7 Nays - 1 (Commissioner Fischer MEMORANDUM TO: City Manager En _ FROM: Director of Community Development ��-f SUBJECT: Rezoning (F to RE) Rei ec-ted�.-. LOCATION: Beam Avenue,Le�-----� APPLICANT.- Councilman Anderson OWNERS: Antler Corporation, Dusan Pi 1 eti ch, and Voya and Vera Pi l eti ch DATE: October 26, 1981 SUMMARY OF THE PROPOSAL Request Approval of a rezoning from F. Farm Res.i dence to RE, Residential Estate. Proposed Land Use 1. A specific minimum lot size was not proposed by Councilman Anderson, but left to the Planning Commission for a recommendation. 2. Ninety-one lots have been proposed for this site by Voya Pi 1 eti ch . (See enclosed plat map.) 3. Refer to the Staff report on the Beam Lakeside Addition for detailed back- ground information on this site. CONCLUSION Analysis The RE zone should be used as a planning tool to protect the character of existing larger lot neighborhoods and to create new larger lot neighborhoods in undeveloped areas, where a lower density would preserve natural features or where a developer wants to create a neighborhood with higher valued homes. The Beam Avenue area does no C. meet the intent of the RE di s l,ri ct. This area is predmoni nantly undeveloped. The trend for the future character of this neighborhood will be set by Council with action on the Beam Lakeside Addition plat. The RE .district would not preserve the natural features, such as trees or natural slopes. This property has been used as a gravel pit for years. It is an area without significant vegetation. Slopes are steep and irregular, dropping sharply from the northeast to the southwest. Extensive grading is needed to develop the property, regardless of lot size. Reducing the number of houses- and streets would allow more flexibility in grading individual 1 ots, but would nod si gni fi cantly affect the grades of the overall project. The entire property must still be graded from its high point to its low point. Thedeveloper is not planning to create a higher income neighborhood and is .opp osed to the RE zone. Because of the higher costs in developing this difficult site, it is assumed that these homes would be higher priced than average. With the rising costs of housing, the City should not unnecessarily reduce density and thereby increase housing costs. While thisro erty. does not seem right for an RE zone, lot areas should be p p ncreased, because of they r prox�mi ty to Kohlman Lake. The State of Minnesota guidelines for shoreland develo.pment should be used in reviewing -the plat. Staff is recommending an average lot size of 15, 000 square feet for those lots .within the State designated shorel and area. There have been serious problems with the excavation of this site, The residents on Beam avenue have suffered because of these problems. The residents deserve our help and consideration. The sooner this property is graded and developed, the sooner the problems in this area will be resolved. Recommendati on Denial of the rezoning from F, Farm Residence to RE, Residential Estate, on the basis that: 1. The intent of the RE district is not met. 2. The RE district would reduce the number of homes and may raise their cost. 3. The RE district would not significantly reduce final slopes or preserve natural features. 4. The guidelines of the State model shorel and ordinance should be used to determine lot areas. Enclosures: 1. Location Map 2, Property Line Map 3. Plat/Soils Map 4. Current Kohlman Lake Neighborhood Plan 5. Update of the Kohlman Lake Neighborhood Plan 6. RE Zoning Ordinance is VADNAIS HEIGHTS 61 � �..._ .. ---- COUNTY ROAD T Q Q r T30R22W 34 V / 3 W .. T29NR22W o o J _ EAU AVE /AM 60 .. . 8E eURKEV, E ♦v ELMONT 4, L.LYAN K cri i' Kc ' on / L o k e-_-.�.a = o �'• s y KOHL ALAN AVE. uj ROAD Nc % J J H %, W �)rc 01'• T f1 � [-1 °C L E L A N t o JUM TION AVE U A' , L4 D► N LOCATION MAP • . W u V d! 22 � n a DEMONT u. J AVE. V rvois .oke C ROOK LAVE.2 O �•cr or W V Q ZZA- m SE T [NJ AV 23 Z Q 0 aNpvtEM� AV Vim/► r/ VA 1 36 V V+Ki oR. "s J SHERREN AVE -� awc W _g ; W OPE --� .'-PALM CT FLARK AVE LARK 4VE. �p 25 ol LAURIE RD. si = � cc z LauRIE RG avE. D eURKEV, E ♦v ELMONT 4, L.LYAN K cri i' Kc ' on / L o k e-_-.�.a = o �'• s y KOHL ALAN AVE. uj ROAD Nc % J J H %, W �)rc 01'• T f1 � [-1 °C L E L A N t o JUM TION AVE U A' , L4 D► N LOCATION MAP • . W u V d! z it t � n a DEMONT u. J AVE. V C ROOK LAVE.2 O �•cr or W V m SE T [NJ AV AVE. Q 0 aNpvtEM� AV VA 1 36 V+Ki oR. SHERREN AVE OPE AVE. FLARK AVE LARK 4VE. �p 25 ol LAURIE RD. si = � cc z LauRIE RG avE. D KE AVE �' o 8UKE AVE- i ELDRIDS --- J AVE. B ,� • � bELMON c SKILLMA T r m AVE. N = 64 > t M AVE. MAW RI! te!, .�.. � S 1 Cf � C � � C .L 2Ia. 93 SL. :- PARCEL Q ............. .. . ........ ............. . .. . 1 M 25. ..c I Q ::�:��=�=�:'`rte.-::!t-:-�- �:-:='':�::':• %��a•:':�'l%:: = �:;:�'�::-:-:�:::-. �7a W o1 -•� F- 4 V o: 0 _ JI • !.- i �...♦ i V •••1 T: . •.� ---------------- Jam. tr •:�.- - it >r - BF AM = Q j'Y•. t ;O aA..►i r tf�•C. /�� III I I iy� D' �/ ��y• / / � ��� /� - 70. .R 1 ..� � Y t • Z t�A' A .� i . r To Be Vacated •� � � �� to • r �� ;4 tip dft PROPERTY LINE MAP G CI • • .+ .� t l . • ter. ..... t !` ` �• .. •.•� a t, •� for ?ft < i I•� /fie •�•� ` ` � ' • Y404111,1111, 1111C of � j f �./ i � i � ''•►'+.,,. . + • /t+ "ice � �'• • • , ` a • 0 Iowa 1 ,. Y •TN• oo • i �sr V to •'. •!I �� m i BORROW PIT 1 t- /t•♦ . ` o / j• — — 0I J01 1 .•• ` C • 0000to 11 Ti I � � � \ �r b t ap r..1 • • • • y O • • SEDIMENT R, ,� 111ii� ` •' r .. POND �p ' . • 1 , .. ,� •to BORROW • • w , • DIKE �' •• •1 • • 1 •. OUTLOT A • WET •�'' ' LAND ' -I • t �!,� • •• • KEY BL BLOMFORD LOAM FINE SAND HF HAYDEN FINE SANDY LOAM Plat Map Showing Soils and Wetland Information Beam Lakeside Addition 10-8-81 �,,i'ilfage of Vadnais Height % interchange c..� :.:= =�..� - major arterial ._-- l j •--------------- ' 1 - 40 - GERVAIS LAKE t"CS Cz C I Cz `3 c av•., . . CA:, interchange ma le wood �a T REVISED: 8/31/79 -Ui U Rni f .Ilj QC I • 0,r - of _ LITTLE tewaoa .� � ••1• ! ,'interchange nsnlajor collector• i R1 X v JE os 'sLi JL rrrrI• u n iva.i minor collector RI.L/ — " i 1 f • - - - - �- - - tab A J, - r � Me �- •� `fir • ' ; • - ._ . • `� .......... L -R oft .9 4 • • .Minor collector s ma'ttor arterial. interchange � 00t ' • r• ; -- off 11 d it Kohlman Lake NEIGHBORHOOD LAND USE PLAN nan aPPx.7vEn: October 9,, 1972 M4P!_E1d00D PtAiJN 1 NG COM SS I ON Correpil P14 n n_i 1- 1 --- • . '•% interchange princi I arterial r : M V uinE c,NADA, - �• - -+ _ _ minor art eri all] 3 ♦ R - • j •J.i Os !� -_ _- ma of-coiiec oto - minorarter; --. CO f--"' r L A KE -#— � L t _ v cc L.'St. 94 es V - .,,,,. S IL av* • _ i - ; - (OVMT• gyp+ - • • al arterial E interchange interchange , .. ,� .•� �+� �.�i K o I m a n Lade Ta le wood NEIGHBORHOO-D LAND -USE PLAN • -- - _ _ _ - -1--' - .19-9 X49Jk_ ORDINANCE N0, 498 AN ORDINANCE AMENDING THE MUNICIPAL CODE TO INCLUDE SECTION 919 • R -E RESIDENCE ESTATE DISTRICT THE COUNCIL OF THE. CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Zoning Code of the City of Maplewood is amended to add Chapter 919, 919. R -E Residence Estate District 919.010. INTENT. To protect and enhance the character of single family neighborhoods, where lots are generally larger than required in R-1 (single dwelling) Residence Districts. 919.020. PERMITTED USES. Any use permitted in a R-1, Residence District (single dwelling). 919.030. ACCESSORY USES. Any accessory use permitted in an R-1, Residence District (single dwelling), except: 1 0 Used car lots 2. The wrecking of automobiles or trucks including the sale of used cars 3. Mobile Home Parks 919.050, DISTRICT STANDARDS. 1. Minimum Lot Area. The minimum lot area shall be determined by the City Council at the time of rezoning, but shall be limited to 20,000, 30,000, or 40,000 square feet. The Council shall base their decision on the character of developed lots within an existing neighborhood.or on the desired character of lots. in an undeveloped area. Minimum lot area re- quirements shall be designated on the -Zoning map in each R -E District's title, e.g. R -E (30), standing for a minimum lot area of 30,000 square feet. Once established, any request to change a district's minimum lot area requirement shall be processed as a request for rezoning. 2. Minimum Lot Width at the Building Setback Line. R -E ( 20) - 100 feet R -E (30) - 120 feet R -E ( 40) - 140 feet 3. Minimum Setbacks. As required for R-1, Residence District (single dwelling) 4. Maximum Building Height. As required for R-1, Residence District (single dwelling). ,5. Legally buildable lots before the rezoning to an R -E zone shall be con- sidered buildable after rezoning to an R -E zone. - i Section 2. This ordinance shall take effect and be in force after its passage and publication. TO: FROM: SUBJECT: LOCATION: APP -L IIrANT : OWNERS: PROJECT: DATE: MEMORANDUM City Manager Director of Community Development - Special Use Permit, Variance, Preliminary Plat, and Street Vacation Beam Avenue Voya Piletich Antler Corporation, Dusan P i 1 eti ch, Voya and Vera P i 1 eti ch Beam Lakeside Addition October 29, 1981 SUMMARY OF THE PROPOSAL Requests �- z, The applicant is requesting approval of the following: 1. A special use permit to excavate 40,000 cubic yards of sand and gravel from the site. 2. A variance to excavate within thirty feet of adjoining property lines. 3. A preliminary plat for 91 lots. 4. Vacation of that portion of Beam Avenue that is not proposed to be developed. Proposed Land Use 1. Refer to the enclosed maps and letters. 2. Outl of A includes a wetland and floodplain area that is proposed to be deeded to the Ci ty. 3. Outl of B, a small triangular parcel at the end of Carey Heights Drive, is proposed to be sold to the adjacent property owner to the north for a future lot. 4. There is an easement for public right-of-way over the south 33 feet of the site. That portion of the easement that is not included in the Beam Avenue right-of-way on the preliminary plat would be vacated. (See enclosed "Property Line Map.") 5,.- Since the original plat was submitted, the applicant has agreed to increase the iii n i mum lot areas of some of the lots. _ 4 1 Analysis The major problem with this plat is the lack of public water and the resulting lack of fire protection. This is further compounded by the fact that the plat would be at the end of a dead end street. Having one access restricts the maneuverability of emergency vehicles and would result in no access if Beam Avenue became obstructed. _ Another problem with allowing platting with wells is that it would be difficult to assess for a future public water system, since there would be '=1 ess benefit= to the properties. A "dry pipe" could be installed; however, past experience hasshown that this causes leaks and repair problems when the pipes are finally connected to public water, The City must then pay to replace or repair the Pipes. To avoid these problems, this plat should not be approved until public water is available. The City Attorney recommends that we not deny the plat until a specific requirement for public water is included in the subdivision regulations. The plat should, therefore, be tabled until the requirement for public water is added to the subdivision regulations. If Council chooses to approve the plat, the following conditions should be i ncl tided: 1. Suitable documentation from property owners be presented, granting the developer the right to grade the adjoining property. 2. An adequate public water supply system be made available, as determined by the City Engineer., 3. A final grading, drainage, and utility plan be approved by the City Engineer. 4. A developer agreement be entered into to provide all internal plat improvements. 5. Grading around the existing dike be completed, maintaining past drainage patterns. 6. Combine Outl of B with lot 7, block 6, 7. Payment of the deferred assessment and interest. 8. Filing of a deed combining a residual 25 foot strip at Beam Avenue and the east line of the plat, with the lot at 1185 Bean Avenue. 9. Deeding of Outl of A to the City. 10. Beam Avenue should. be paid for by the developer and relocated within the plat or Council must order Beam Avenue as a public improvement project. 11. _ Submission of an erosion control plan, considering the recommendations of the Soil Conservation Service. - 12. Increase the average lot area of lots in the State desi gnatQ shoreland area to at least 15,000 square feet. r 2 13. Grading of the entire site to grades approved by the City Engineer before y final plat approval. No material may .be removed until the entire site is graded. This requirement may be waived by the Director of Public Works if engineering data shows excess material on the site. 14. The phasing plan shall be revised to include the extension of -Adele Street to the north property line with phase II. Additional phases must be approved by Staff. If Council approves the enclosed resolution vacating that part of Beam Avenue not proposed to be developed, approval should be based on the following findings: The right-of-way would serve no public purpose. The vacation is subject to fi 1 i ng a final plat for the Beam Lakeside Addition. Staff is recommending approval of the mining permit. Staff concurs with the -basic grading plan for the site that was prepared for the preliminary plat. Getting the site graded and seeded will help to resolve the erosion problem. In order to assure that there will be adequate material on the site, Staff is recommending that the entire site be graded before any material is sold or removed. The appli- cant ppli- cant could be allowed to remove material if he could produce engineering data to show that the site has excess material, Recon endati on I. Approval of a special use permit for mineral extraction, subject to the. following conditions: 1. Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of the City Code, 2. County Road D be used exclusively for access to the subject site. 3. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained frori the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, and quantity of material to be removed. 4. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the Director of Public Works. 5. There shall be no explosive detonations of any kind on the site. 6. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right-of-way. 7. A variance be granted allowing operation beyond the 30 fQot zone established in Section 917.070 (2 D) of City Code. If toe variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property lines whi1e maintaining a 5:1 slope. , . 8. The permit holder is responsible for acquiring ri n permits from other q 9 anyP agencies. a 9. All grading shall be in accordance with the approved grading plan for Beam Lakeside. 10. Grading of the entire site be completed before any materi.zl is removed. The Beam Lakeside Addition preliminary plat shall be the =.basis for the grading plan. This condition may be waived by the Di rector of Public. Works if engineering data shows excess material on the site. I I. Approval of the variance, subject to the following conditions: 1. Easements be acquired from the adjoining property owners to allow . y excavation and grading on their property. .2. All conditions of the mining permit shall also apply to the adjoining ni n PP y � 9 property disturbed during the operations, 3. The permittee be responsible for rehabilitation, clean up, and re - vegetation of the disturbed adjoining property. ' III. Table the preliminary plat and street vacation until the revised subdivision regulations -have been adopted, requiring city water for subdivision approval, r 4 BACKGROUND Si to Descri pti on 1 Gross acreage: 40.9 2. Net acreage: 33.3 3. The site consists of three undeveloped parcels. (See enclosed property line map.) - Surrounding. Land Uses Northerly: Undeveloped property zoned F, farm residence and planned for RL, lower density residential use. There are two single -dwelling homes at the end of Carey Heights Drive. Easterly: Undeveloped property zoned F and planned for Rm, residential medium density and limited service commercial use on the current Plan. The Plan Update shows the entire property for LSC use. A mining permit is in affect for this property. Southerly: Beam Avenue. South of Beam Avenue are single -dwelling homes. Westerly: The 'Undeveloped rear yards of single -dwelling homes fronting on La - Bore Road. Past Actions 10-27-64: A grading permit was issued to Fi nneman Enterprises to excavate the site. 5-26-67 to 8-27-71: Twenty-four grading permits for the site were issued by the Village Engineer to ten excavating firms. 8-2-72: Council approved a three year special use permit for excavation with 20 conditions. 8-22-78: Voya Piletich recorded a deed creating parcels I and II. (See enclosed property line map.) 10-5-78: Council approved a lot division to create lots 1 - 3, subject to conditions. Two of the conditions are pertinent: 1. A deed restriction is recorded to run with the property, stating that, "No further splits shall be allowed on proposed lot 3 without platting the property". 2.- A deed restriction shall be recorded to run with proposed lot 3, stating that, "No building permits shall be issued, Until a plat is recorded desig- nating the future alignment of Beam Avenue". 5 10-19- 78: Council revised the above conditions as follows, 'after learning that Mr. Pi l eti ch had recorded a deed dividing lot 3 into two halves: 1. A deed restriction is recorded to run with the property, stating that, "No further splits shall be allowed on the east and west halves of lots 3 with- out platting the property".. - 2. A deed restriction shall be recorded to run with the east haI f of proposed lot 3, stating that, "No bui 1 di n.g permit shall be issued, until a plat is recorded designating the future alignment of Beam Avenue". 3. A building permit may be issued for the west half of lot 3, provided that the City Engineer approves the location of the house so as not to interfere with the future alignment of Beam Avenue, 5-15-80: Council ordered sanitary sewer and necessary appurtenances on Beam Avenue, 1400 feet west of Highway 61, Council also approved a grading permit for the site, subject to conditions, 2-25-81: Staff issued a grading permit at the City Council's direction- 5-21-81: irection- 5-21-81: Council moved that because of health reasons and gross inconvenience and trouble to the property owners along the street that grading and hauling operations be stopped immediately until we have a meeting at 7:30 on May 28, 1981 to hear the matter. The hauling company is also to be present, as well as Mr. Pi 1 eti ch. This motion is based on observation of the Council as well as persons who appeared at the meeting. 5-28-81: Council approved a grading permit with the following conditions: 1. Require the permittee to guarantee that a 14 foot wide by 330 foot long strip be paved at his expense. 2. Allow the permittee and only the permittee 15 working days to finish the site grading and excavation as shown on the approved plan. 3. Material removed from the Piletich property shall only be used as fill on the Toyota site. 4. Hauling on Beam Avenue will be permitted if vehicle speed is minimized and an aggressive dust control program is implemented, 5. Restoration of topsoil and turf establishment be completed as soon as possible, but under no circumstance later than August 1, 1981. 6. Any future excavation on this site shall require a permit as described in Ordinance 415 (Mining Permit). 7--16-81: Council continued a hearing on a mining permit application for the site. Council wanted to review a preliminary plat before taking action: on a mining permit. DEPARTMENTAL CONSIDERATIONS y P a nni ng 1. Current Land Use Plan designation: RL, residential lower density and Rm, residential medium density. (See enclosed maps.) 2. Plan Update designation: RL 3. Density: 11.2 people per net acre. 4. - Zoning: F, farm residence 5. Section 412.851 of Minnesota Statutes states that the Council may vacate any street if i t appears in the interest of the public to do so after a hearing. b. Section 917 (Mineral Extraction) of City Code sets standards for setbacks from rights-of-way and adjacent property lines, fencing, general appearance, and operating standards - including noise abatement dust,_ control, and erosion control, rehabilitation criteria are established. Side slopes, turf establishment, and ponding areas are addressed. These items are very important, especially if development of the property is postponed for any length of time. Sureties and insurance are ' :requi red to guarantee compliance with all of -the conditions of the permit and to cover any liability. F. VARIANCE 7. Section 917.070 (2 D) of City Code states that, "Operation shall not be conducted within thirty feet of the boundary of any adjoining property not i n mining use." 8. The proposed grading plan will require extensive off-site work. The vertical difference between existing and proposed grade is in excess of 20 feet at various points along the perimeter of the property. To achieve acceptable slopes, excavation would extend up to 250 feet onto adjacent property. 9. A variance of up to 280 feet i s , therefore required. Environmental Slopes 1. The site has steep slopes, due to the natural terrain and extensive use of the site as a borrow pit. As a result of the excavation, the topography has been altered and is extreme in some locations. There is a difference in elevation of 122 feet from the high point, at the northeast corner of the - site, to the lower point at the wetland. Soils - 2. There are four basic types of soil on the site shown on the jencl osed "Plat Map": borrow pit, bl omford loamy fine sand, hayden fftd sandy loam, and the wetland. 7 3. The central borrow pit area has been mined. for sands and gravels. The top- soil has been removed and this area is eroding. Substantialradi n , filling, l i n 9 9 9, and topsoi 1 i ng is needed to make the area buildable, 40 The area of bl omford loamy fine sand on the west side of the site is poorly suited to building suite developments. Basements can become wet unless tiled or placed above the water levels (1 - 3 feet below the _surface). Paved surfaces can be damaged by frost action, unless properly designed. Vegetation is difficult to establish in the sandy surface soil. 5. Slope is the main obstacle to developing the area of hayden fine sandy loam _ on the northeast corner of the site. Water Resources 6. The site drains to Kohlman Lake. All of 'the site, except the eastern edge, drains to the lake via the wetland in the southwest corner of the site. This wetland is 16 acres in area, with 6.9 acres in the plat. It is wet most of the year. A total of approximately 144 acres drain thto-ugh this wetl-and to Kohlman Lake. , This wetland is important in cleaning the run-off from the land before it enters the lake. It is also part of the floodplain for Kohl- man ohl-man Lake. Damage to or alteration of this wetland floodplain wouli d mpact directly on the lake. 7. The applicant proposes to fill the easterly and northerly edges of this wetland/floodplain. An earthen dike has already been constructed along the fill line to control sediment run-off from the site. The dike forms a sediment pond within the wetland/floodplain. While this pond traps sedi- ment from the run-off it reduces the flood storage capacity and the nutrient absorption capacity of the wetland, Diking 8. The long term functioning of the dikes depends on: a. The stability of the soil on which the dikes are placed. If the proper foundation preparation was not preformed to provide a uniformly stable base for the dikes, settling can occur. b. The soil material used in the dikes and its compaction; if either -item �. is substandard, settling of the -dike can occur. c. Proper installation of the outlet pipe. Compaction around the pipe is critical in preventing water movement along the pipe/soil interface. Anti seep collars are also recommended on a pipe of this type. Problems in any of the above areas could lead to seepage through the dike _ and eventual failure of the dike. The U. S. Fish and Wildlife Service stated in a letter reviewing the dikes on April 29, 1981, ". overflow as a result of a capacity storm or breaching of the dike by runoff or stormwater and sediment could dump large volumes of sediment :into Kohlman Lake and hasten the lake's degradation". Trees There are no significant clusters of trees on the site, E'1 v Public Works 1. Sanitary sewer has been extended in Beam Avenue from Highway 61, west to a point just short of the Vars property. 2. Water is not available in the area. Council recently denied a project to pro- vide water to this area from the Maplewood system. The Vadnai s Heights City Council recently confirmed the finding of their City Engineer that, "Vadnai s Heights does not have capacity for thep osed ro plat." (See p P enclosed letter from Walter Williams.) - 3. - Council passed a resolution in 1971 requiring public utilities, including public water facilities, in new plats, 4. The storm sewer layout for the northern section of the property is consistent with the recent feasibility study commissioned by the City. The storm sewer serving the southern partof the plat would utilize the existing ditch system along Beam Avenue. This is unacceptable. 5. As a result of the dike construction on the western side of theproperty, a . change i n , the drainage pattern has been reported and is a concern of the City of Little a Canada. A shallow ditch could be constructed along the west and south side of the dike to mitigate this situation. 6. Beam Avenue has been repaved from the Toyota property west. The portion of Beam Avenue fronting the Toyota property will be paved with construction of the building. 7. The plat shows only 33 feet of width for Beam Avenue from Edward Street west. Section 1006.010 of City Code requires a minimum width of 60 feet. The City is in the process of condemning right-of-way up to the Vars pro- perty. 8. Developing this property would result in street grades and slopes in the yards that would be steep, but not necessarily excessive. Increasing the minimum lot area would create more flexibility in grading individual 1ots, but would not significantly reduce the overall grades of the site. 9. The steep slopes, erosion, and lack of topsoil add to the problems of develop- in evelop- in this site. A complete reshaping of this site is required. Cuts and fills of ten feet will be common. 10. The proposed grading plan will also require extensive off-site work. The vertical difference between the existing and proposed grade is in excess of twenty feet at the boundary in many cases, Fi nanri a 1 There is a deferred assessment, plus interest on this property for a water tower. This charge comes due with development of the site. - t Parks 1, The park plan in the Plan Update proposes a mini -park centrally located in the area bounded by Beam Avenue, County Road D, Highway 61, and Little Canada. 2. 0n September 15, the Park and Recreation Commission recommended that the mini- park ini- park not be located on this site. Public Safety 1. Traffic lights and improvements to the Beam Avenue - Highway 61 intersection are proposed for 1982 construction. 2. Council should be aware that this plat would create 91 lots at the end of a 1,000 foot dead end street, without a second means of access. If Beam Avenue would become blocked; there would be no emergency vehicle access. Since Council denied the extension of Beam Avenue to County Road D, Staff is assuming that Council is aware of this risk. The Fire Marshal recommends that two definite roadways be constructed as part of this plat. 3. City water must be included in this plat to assure proper fire protection. Past fires in this area have proven this to be a reality. It should be noted that the Maplewood fire service no longer has a large water tank truck in this area -to shuttle water as in the past. Other Agencies 1. The engineer for the Ramsey -Washington Metro Watershed District made the fol lowing coriment: -- "It appears that this development is consistent with the District's hydraulic and hydrologic concerns As you may be aware, construction of the storm water retention pond/sedimentation basin has been largely constructed. Mr. Haider from your engineering department and I have met with Mr. Pi 1 eti ch concerning construction of this basin several times in the past. The District feels that construction of this basin will be an important addition to the overall storm water management plan for the chain of lakes, The main concern of the District for the remaining portion of the plat will be that of erosion control during the construction stage," 2. The supervisors of the Ramsey Soil and Water Conservation District are withholding a recommendation of approval until a detailed erosion control plan can be submitted and analyzed, In their reports of November 4, 1980 and August 18, 1981, they recommended that the developer give careful con- sideration on- sideration to the District Conservationist's recommendations, which are as - fol l ows: a. The type of fill material and- the compaction procedures sfioul d be revi eyed and approved by a qualified engineer, 10 b. Approved design measures should be used to overcome the wetness problems of the blomford soil. c. Consideration should be given to a reduction in the proposed lot density. The goal would be to (a) reduce the number of streets, allow larger 1 ots and thus reduce the slopes of the final grades. (b) provi de an un- disturbed strip of vegetation adjacent to the wetland. one possible way to accomplish this would be to eliminate Adele Street, making it a cul- de-sac off of Lydia Avenue. Edward Street could then be- pulled to the southwest. Beam Avenue would not extend past Edward Street. d. A detailed erosion control plan should be developed and reviewed with the final grading plan, The order of development and the scheduling of erosion control measures will affect how large and how difficult the erosion Problems will be to control and should be part of the erosion control plan. e. Topsoi 1 i ng is recommended where subsoils are exposed after shaping and grading of the site. One foot should be applied and worked into the sub- soil 0 ub- soi1. f. Construction of the dike and stormwater retention pond shown on the plat are recommended, however, the pond should be relocated out of the wet- land. g. To ensure the continued effectiveness of the pond, a clean out and maintenance schedule should be part of the erosion control plan. h, In addition to the dike at the edge of the wetland, it may be desirable to put in temporary diversion dikes in the course of construction. These would be used to divert runoff waters from disturbed areas. 3. After reviewing the latest grading plan, the Supervisors of the Soil and Water Conservation District authorized the following comment: "With the qualifications stated in the August 1981 review, erosion on the proposed grades can be controlled. Lot reduction of the type outlined in the first site plan review would ease the job of establishing vegetation on the final grades. However, the suggested change would not "make or break" erosion control on the final grades of the site. Aggressive attention to erosion control during and after construction and sound planning prior to construction will have a more significant impact on the degree of erosion that will occur on this site." 4. The Corps ' of 'Engineers has issued a permit to retain the approximately 25,000 cubic yards of fill material used for the dikes for a sedimentation pond. The permit would be subject to standard conditions requiring erosion and pollution control. The Corps is also requiring that two islands in the wetland be maintained as nesting areas for birds. Citizen Comments 1. Staff received six responses from a survey sent to the propearty owners within 200 feet of the site. Two had no objections. Letters objecting to the project are enclosed. 11 I 2. Residents appeard at several Council meetings com 1 ai n n of excessive P 9 dust, vibration, destruction of Beam Avenue, and general inconvenience from the excavation work and trucks on Beam Avenue. Enclosures: 1 Location Map 2. Property Line_ Map 3, P1a.t Map 4. Phasing Plan 50 Current Plan 6, Plan Update 7. Letter from James DeBenedet 8* Letter from Walter Williams 9. Letters from Residents lo. Resolution vacating Beam Avenue 11, Planning Conni ss i on Minutes a " 19 VA D N A I S HEIGHTS :P7 2q:::FCOUNTY ROAD T30NR22W 34 _ _/4- 3 4 3 T29NR22W 22 Ko an 11010, .oka Lake O y 4 � s -- k, KOHLMAN AVE. Jj cr Q ,�� C323 : J y ~ M NUA Q ROAD C x V W �. b W � 0 IL z -J PAL M C W z 19 ,= 2 DEMONT � AVE. �.. v D RooK AvE o .� 22 � W m 60 }�" �• SE XT LF 1 GERMS AVE, GERVAIS 1 � ::. A'ty, © ANDVIEW V �- 3s VtKI DR. SHERREN AVE H •- P `" OPE _fFAVE. .� Ke //e r LARK AVE. ~ LARK •VE. �:. ~pI LARK AVE. W ; M i Lake 2� COUNTY a �_ R LAURIE RD. � LAURIE RD � Z �0 4 i O LELAN C9 25 1 SAND i AYE. O li 25 M+ o JUNCTI N AVE . h "0" 64 v - t ouRKE V. U RKE AYE BU KE -AVE- :LIZIDGE AV. �T EL.DRID6 AVE. , 4 C,t rry W WEELMON AVE. > 64` L lLMAN__ f ♦/ . �''1 ISKILLMA M o AVE. _ - wA0 WIs L .T LOCATION MAP teEo ZU OJ 3 &C 7-Z . . . . . . . . . . % . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . ......... . .............. .. ........... ........... .......... .... .. . ....... IS. *.-.-.-.-: ...................... ............. . .......... ............ ... ............ .................. ......... ......... ........... . ......... -*IC for BEA INK 2114 le _,1.5 li 1 104% M �' / . PROPERTY LINE MAP 1 t �• • �, • V It •` • .• •• r ""1/ • dodo so ob s L . 1,•._. _ • . t • �,! �. • • •. .. • . , _ • • - • ` • 040% �` • w •r• ry • • I • ` �, • • ` ��'= ` '� •ter • •�/• ` _ �, "` • i • do • • •.••. • •� • • i 1 T •'• go ad ago, oft • , BORROW PIT tv I toft to/ o / ,000" p even, 0 jF 4 0 J f%%vo- .04 Above � ' 1 1 + f SEDIMENT An POND o f•• • DI OUTLOT A WET • LAND 0 w • • t • I to Do IL IV Jv It r` • • ' ' gong 4 dip Oto •• ` , • M • PIT BORROW •• of 0 Ms. of ob �• -f-..� '. , 1 • +. 1 �• • • may. • • Oak • to to •! 4th .. � � .Ma •. w .•w • •s J � � .• �� ` *""'r � � r KE YNo- BL BLOMFORD LOAM FINE SAND HF HAYDEN FINE SANDY LOAM _ T Plat Map Showing Soils and Wetland Information Beam Lakeside Addition 10-8-81 J i BEAM LAKESIDE ADDITION PHASING PLAN ,r • A-:ri.-A- ,Village e o Vadnais Height interchange�--- m ap r arteria! minor arteria! Xrz R�� _ • 34. Adpp— AID Rm • Por cod 'Octf IL _- —__— -� LITTLE taktpa iI1 . interchange — major collector. 10, ' ^ • . ; Z �- / i _ �^';;j'� / ~ -may"' r n .000, + +R I ' Js F • CzK I C 1 C3 0 ., �11 ,7 It minor collector ' ft / ' R + L AXE �!icesR m I z ma le wood REVISED: 8/31/79 v4% • f L arterial interchange �e: 1 r - - Fil i Kohriman Lake NEIGHBORHOOD LAND USE PLAN nam aPPRvvEn: October 9. 1972 M4PL.EIVC)OD PLANNING COMMISSION Correal Plan 154-1 vaunais neigh interchanges oil 7777- � I Is ■ ■ ■ i GERVA/S uinc ceN.a► r'• ; minor arteriam R I CZ • - 1 ! ii i z Cz 1• r Os TIL- + �� - ....... ! ma or codec or' minor arteria-{ J--- L KI t / L A K ECW Rte- - - - cc • E z - o z -r: _ 1 `o o _ ..r i E . - • a1 arterial E interchange _ 1 ! I 7!1 WT racy I A Ill! 111-11 r --'-Z Kuhlman Lake' ma !e wood NEIGHBORHOOD LANA USE PLAN a e,- - - - - 7777 -- - . - - - - - -• . �- - - -- - - - -- ....� �i • . - -- -- - - --= - - -- --- - ._ _ ... - - - ... - _t .7777-- James P. DeBenedet, P.E. Engineering Consultant June 5, 1981 City of Maplewood 1902 East County Road B Maplewood., MN 55109 Attn: Ken Haider Gentlemen: This letter is to apply for a permit for mineral extraction from the property owned by Voya Piletich on Beam Avenue in Maplewood. The name and address of the operator is Junek Construction, 2436 East Larpenteur Ave . , Maplewood, MN 55109. The name and address of the owner of the land is Voya Piletich, 2130 Arcade St. , Maple- wood, MN 55109. The correct legal description of the property where the extraction as proposed is: The Southwest 1/4 of the Northeast 1/4 and the West 180 feet of the South 350 feet of the Southeast 1/4 of the Northeast 1/4 of Section 4, Township 29 North, Range 22 West, Ramsey County, Minnesota. The }parcel contains 41.6 acres more or less. The quality and quantity of minerals to be excavated is sand and gravel totaling approximately 40,000 cubic yards. Average thickness of overburden in the area subject to mineral extraction is 8-10". The purpose of the operation is to grade the site in accordance with the proposed grading plan for the preliminary plat of Beam Lakeside Addition and to provide sand and gravel for off-site filling and embankment construction. One such operation is the fill required for the Toyota dealership on Highway 61 and Beam Avenue. r 2146 Silver Lake Road New Brighton", IVIN 55112 (612) 631-7780 Page 2 The estimated time to complete the operation is two years. The plan of operation is to strip overburden material- and stock- pile for later re -use in the establishment of stabilized conditions. Sand and gravel will be excavated 'by front end loader equipment for loading into trucks or by scrapers for construction of embank- ments on the site. After completion of the grading operations in any one area, topsoil will be replaced from the stockpile as pre- viously re-viously indicated. The proposed travel route to and from the site is along a construction_ haul road from the north side of, the site to County Road B and thence to Highway 61 and along Highway 61 to the ultimate disposal site as required. The plans for drainage, wind and water erosion control, site security, sedimentation and dust control are that the site will be graded to drain to storm water detention ponds at the south- easterly corner of the site and westerly side of the site. After grading operations are completed, in any one area of the site, topsoil will be respread and seeded for rapid vegetation establish- ment. The rehabilitation plan for all of the site is to spread topsoil to the depth of 3-4 inches and seed for rapid vegetation establish- ment. The land will ultimately be graded according to the grading plan for the proposed Beam Lakeside Development The area of the to be used for storage of topsoil and overburden is the area east of Duluth Street and north of Duluth Court as shown on the proposed preliminary plat of Beam Lakeside. The schedule for excavation and rehabilitation of this property is that the excavation will resume as soon as a permit is issued, by the city. All work will progress as required to provide fill for off-site areas and rehabilitation will follow completion of excavation of any one part of the site as soon as practical. The slopes on the site will be in accordance with the grading plan for the proposed Beam Lakeside Development. None of the slopes will exceed a 3:1 finished slope except in the area of the dike and storm water detention pond on the west side of the pond where slopes presently are approximately 2:1. _ Page 3 The type of plantings are rapid establishing grass such as rye grass and oats. Also evergreen trees have been planted along the dike and the storm water detention pond on the west side of the site. The criteria and standards to be used to achieve final rehabilita- tion as well as intermittent stabilization are that as soon as grading is completed in any one area of the site, topsoil will be spread to a depth of 3-4 inches and seeded with rapidly establishing grasses. If there are any questions or comments in regard to this applica- tion please contact me at your earliest convenience. Sincerely, James P. DeBenedet, P.E. JPD/geg October 16, 1981 City of Vadnais 68Heights . 9 7 E. County Road F Vadnais Heights, Minn 55110 RE: Request for Water Voya Piletich S. side of Co. Rd. ,Dt Gentlemen: Ile made some flow calculations to o determine if the. City of Vadnai s Heights could supply Municipal water a P P t r to a proposed plat for Vo y i 1 eti ch on the South side of County Road D .._. ()ur computations indicate that the City of Vadnais Heights enough Heights would only have caoacity tQ serve that groperty vhic1ies within the first 200 feet South of Count Road _' . not have capacity Y D Vadnais Heights does p city for the proposedP l at. As development takes1 ac p e • we would recommend that Vadnaii s Heights :and -Maplewood consider. a 9 S s. Joint powers agreement. for land County Road 0 (within ± 2 abutting 00 ft.� to eliminate the need fo wa terr a i ns on the Horth and South side of County -Road r "Df• Sincerely yours, V1ILNER V1. CARLEY A ASSOCIATES9 INC. Walter L. Williams, R.F, _ 30 CC: Moya Pi l eti ch - 2130 Arcade St. - St. Paul, Mn 55109 CC: Kin- Heiden - City of Maplewood ear P god - ) 380 Fres t - Ma pl ewaod Mn 55 109 i r OCTi This is a fragile area which must be developed with extremne care o a P t void herr. to Yoh1man Lake and the ad joining wetland. In ovr ::rinion the wetland has already been irreparably hared b-- l�)catin ono? in a wet area i the retpnsl or: p , thereby reduclr- g nG the valuB�lE benef; is of the wetland t D the lakes chain through storm water storage and nutrient removal, W"e stronLly rec ori~~lend a less dense development than is planned. nned . We think wthat more appropriate zoning would be RLE �allowing- larger :ore cor-patsble with ex1st*ndevelopment .here mnZhones o cg cues v n mere cr more. The proposed construc16tion of 92 horses on 7 acre s (excluding acreage for St.-:eet._ and outlots would destroy- the character of the nelghbornaod where we have chosen to live, I mor-Nvement of Bea" Ave.(except sewer) er was denied T -iT . ) b� the CitCcur..zl because of excessive cost, This ,ro osal will require m p � .�r:prove.,.ent of baa: (at.. tre1:endous expense to the cite since it w r „) .��. be the only access to the develop-ments :�e ^p, ase the in^reased traffic that i•r' �, ^ L - ill. result not onl- on Bear. but, at the hazardo.�s .i'n �ersecti on of Bea:: a:'�d ;:; �h�tia � 61 t-•�-; �already ..__c._ s experiencing a h? gh accident rate with 2 recent rC. . _�.tal..t1es. The deve l✓►��te?1t should r` �'e`�u1'_'.�..� t^ '^y'�l�'.eed _I1 carG4*.�1 -v- "•l pnr� r d �rad�rarm »e�+^ra+60 ; .-,r +- r .,� area c.._. _e BEd bE_ a== er area i s d i s turbed . • -� , . �: ulct._at .n a 3 ar ^ A cl and dor; :- • _ r s c?ezTel-.E+ o - � �., t r. _- v t..1. `.Ji . .� ira�lc. ��� 7d u 1� u lr z� }�c veT'>T>; p r.1 ^ �T A r .. .. �- 1 n ...., " � - - �• Y 1 C L J �.1 A. �. C V a c r� qtr, 4. .: +�, 1 d......,.,,, J S�._1 an^ ,dater ,onservat, -;r_ _c �) ti.� iper+al e.�:� ert_se irl tre Y�r :�tectio� -- + ,� r ., ..f sc�3 and ��a.,e_ res rceva :=:an the 1� -=, � T cj . -ts al, -,n- �a s t �,oh+: �a sane eater a well Into the; �, "K t_ -e lane • at 80�. 6 -'t. we oppose ar-- fill�.n �, flood d t,la+�_ lame {,Th�.ch is air ead-- ; ._...�- g .�n t.e flood plain cf she lame ���r ._ . ,� exper+encinb recurring; flooding destructive t . e prorcrties and homes. Since part of the r•i g-�:t-^f-�ti'at- for the c � �, ; �� ,� ,•„ � cnt�.n.�a t� �j_ of Bea -ML Avg . ..us t be acquired at considerable expense to ??a lewood taxpayers, • ec^nc:•: cal to all"gr Bear, c . �., p �r e� s, 1 t would be �� T g :,. Avenue ..11�ht_ tc the north fro vardera Addi ��or. .a.,ct 10� �; # .6. ", a&,& have ; -� +_o _ . . the developer. � -• + � e the r: bh,. �f �a�, donated b J p r. he 3.s the o.fne who requires these zr:- rcverr�e rresent residents whJ-+11 be r-.� ., nts, and thE. ,�� T• � � ha�•ed b,, �.ncreaSed traffic and unwanted del ve lcp:nen t will be able t ` retain a �'�'.i :'i r � � , the it '�: r:es 0 o�e feet �.y �anc to bu�fer, .teavy construction aid dirt-haalin, e �;; --- r 3-dean-deanA��e , which was o q 1�1.ent ; �. s �.re sentl_,; demolishing s not designed to carr, these weights. �-�e y�•' qulred to share, t�je expense of r - g 111 be re- ti::le bei � �' �_ repairing this da�.�age while at the same .�ng ..ubiectea to gears of i continued dirt and noise. (The developer has sa 1d _that thi s pr:; je c t w111 �robab tly extmany end over 3Tears . ) We trust =that you will rive thour-ht�' - ul consideration to our - objections. •ections. If this plan is adopted ��-r �� � � d p � opo�.,d, part of our tnroper t- will be con- demned for right-of-way, mach traffic will� ' con _ be funneled dc��n7. our. street and we w311 be assessed for improvements : � ­� • ' di::in � sr the o property �' ment-- t_,a t in our e s t_r;a t1 on can enl-- valu . of our r_ operty throw h the loss g o s of seclusion, quiet, and natural beauty. y• Denton and Kari lyn Vars 1140 Bea:'. Avenue _ /'cL-y Tcc d ^�u—lLc �-`'�i, CLfii•.�-�^^,.�...t� 4 r ► CITY OF ....................UC) ODM. A 1�=AE V.. a /V 19U2 EAST COUNTY ROAD B 1lZAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT _ _ 770-4560 October 24, 1980 Michael and Darlene Roy .1200 Beam Maplewood, Minnesota 55109 Dear Maplewood Resident: The City of Maplewood has received an application for arel imi naryplat to p create 92 single -dwelling homes on Beam Avenue (see enclosed map) . The App) i scant is Voya Pi 1 eti ch. He is also thero ert p p y owner. Hearings on this project have not been scheduledy et. This letter is to ask your opi ni0 on, before a formal recommendation is made by the City staff for a public hearing. You will receive an official notice when the hearing is scheduled. . Please answer the questions below and return this form tome in the enclosed postage paid envelope by November 10, 1980. If you would like further information please call rye at 770-4560 between 8:00 A .M. and 5:00 P.M. Thanky ou for our y comments. They -will be given . careful consideration. Sincerely, • Q� Geoffrey Olson, Director - - I have no objections to this proposal I , have the following objections to this proposal: A e) '^ J CITY OF ....................UC) ODM. A 1�=AE V.. a /V 19U2 EAST COUNTY ROAD B 1lZAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT _ _ 770-4560 October 24, 1980 Michael and Darlene Roy .1200 Beam Maplewood, Minnesota 55109 Dear Maplewood Resident: The City of Maplewood has received an application for arel imi naryplat to p create 92 single -dwelling homes on Beam Avenue (see enclosed map) . The App) i scant is Voya Pi 1 eti ch. He is also thero ert p p y owner. Hearings on this project have not been scheduledy et. This letter is to ask your opi ni0 on, before a formal recommendation is made by the City staff for a public hearing. You will receive an official notice when the hearing is scheduled. . Please answer the questions below and return this form tome in the enclosed postage paid envelope by November 10, 1980. If you would like further information please call rye at 770-4560 between 8:00 A .M. and 5:00 P.M. Thanky ou for our y comments. They -will be given . careful consideration. Sincerely, • Q� Geoffrey Olson, Director - - I have no objections to this proposal I , have the following objections to this proposal: A �cav "" _` /%���-�•�- °�O u��Gst�2 �G7u v / L t -;PIP o .7 e Z:7- zvl� ell Awl. 06 41 7eO/ 00,00k 'vim f�/yt,/L2 CK CVL. �v� `c-fL �f !fir%1r-f lc.w Q4 L � 7d. zf��it ��L�+-r--:...acs". � p� � !•r -'u- r,, �j r�,.� uiy,woo&- ,�(tiL l�f�� 72ctB�' Q.f'��, r2CSC�-ra't�— QiI t �l4.00y 1A00,11I wao&4j&4oit�-vLleN teo�lw 4000-01 ',12. Ql.3./ �..�s, Ghzstt4 ;/�C.3-P ��te r1 0 � CITZ' OF MAPLEW(ODOD 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT = 770-4560 October 24, 1980 Dennis and Robin Zahn 1166 Beam Avenue flaplcwood, fiirinesota 55109 • Dear Maplewood Resident: The City of Maplewood has received an application for arel imi naryp tat to p create 92 single -dwelling homes on Beam Avenue (see enclosed map) . The Applicant is Voya Pi leti ch.. He is also the property owner. Hearings on this- project have not been scheduled yet. This letter is to ask your opinion, before a formal recommendation is made by the City staff for a public hearing. You will receive an official notice when the hearing is scheduled. Please answer the questions below and return this forma to me in the enclosed postage paid envelope by November 10, 1980. If you would like further information please call rye at 770-4560 between 8:00 A.M. and 5:00 P.M. Thank you for your comments. They will be given careful consideration. Sincerely, i- Geoffrey Olson, Director I have no objections to this proposal, I have the following objections to this proposal: i� 'A J I % % V �"_ — dr __-��� t`' �yeq L001� nLu.r z.:tA .,-•T,�,,,5t-w.�y L,�;y / / it'rc. Cost e'er j7 le s cl�f L., F to t f�-f— % » A e e,; .,- v s be koe,v r a tr- L f' rt ff v t / D �' •r, t. t,�; 6� /c-� ! H f�2 3 �° P ti f s j psi t f s, A et,c .• ixp v a � Lee" des"�ied -le '0. f A/0 Is = K �t w'� � ��0�� (moo � s � �✓C1 � � `'' oa C -/O 64 t' s �' .�— /p 7c?a i CT F .J 44 it 00, / Pro %Jac/ Ire t-4 vp a o � �aL,.s e ter c-hel -e b N �Q �> o 4" t � ,7/0 � f r g,oz s i • rt I ✓ F • Lr Ls t P � D iS < r l.5 I y Y - ✓ to ! K��� �o to.� P rPt t od•Rt Af8y?y a�� d woo dot kpr� Sa w�•tc� moo✓ Cis'}; _ • i� c s 1� s •`.��r S PPr� I !r Ap I r'° c op, e �: a.•Fp f old 9'/00d �..�► J J -t^ a e �.,� s S .. Q i r al docile �pP ..�,' a > z is a w «. �T � r t��� ��i t7rt'2►. �% I ;OY c'? r e z C. s. j _ A# #4 3.3 1 c, %y - y.�+L laH��S itp�.,� ErS�S r Or�� p'ris R c ice few x sAf OC/ r e a Ae `_ • Ia .� e%I•s ,,..� � ,� �/ For � F � ori s, ...e �� i -v a.� /� cr • J � �s S �' �'`'•-"'s � y / •r �-- •� — J sn P 7 P v s a •-� S l� "� f ��j � O / P S ��++, t° v � f L ••� w rZ etc- � ♦ �r° ta tom: � CJ �° ...e O l Orr -<y l ko P � dLx C 4 Xa--�m c. ee e..o a 4 /3,9 ? /to 5 's - — T 140— p f- 1.-0 C low be tos t 0 A Va Ik/ �cl WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851 , thereof..the Maplewood City Council after a public hearing preceded by two (2) weeks published and posted notice, proposes the vacation of the following described right-of-way: That part of the South 33 feet. of the SW 1/4 of the NE 1/4 of Section 4, T. 29N9 R. 22W lying westerly of the following described line: Commencing at the Southwest corner of said NE 1/4; thence East (assumed bearing) along the South line of said NE 1/4 872.72 feet to the point of beginning of the line to be herein described; thence Northwesterly along a hon -tangential curve to the right 67.72 feet, more or less, to a point on the North line of said South 33 feet, radius of 330 feet, delta angle of 11045130", along chord of *67.6 feet bears N 60046'57" W and there terminating, to wit: Property affected by the street vacation: Those lots abutting on the south side of Beam Avenue WHEREAS, the Maplewood City Council finds that the vacation of the above described street and alley are in the interest of the public due to chan'gi ng land uses and obsolete platting. NOW, THEREFORE, BE IT resolved, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is vacated, and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to filing of a final plat for the Beam Lakeside Addi tion. CITY OF �1 MAPLEWOOD 111380 il()S'i 1X"r-,4X I E NIA HNNI"'S01A 55109 FINANCE DEPARTMENT 770-4513 71'/7'' on July 17, 1981 Raymond 0, Marshall Lawson, Raleigh & Marshall, P.A. 3825 Lake Elmo Avenue North .Lake Elmo, MN 55042 Dear Mr. Marshall: RE: Valley Branch Watershed District, Project 1005 This is in response to your June 30th letter requestinq that the City reconsider its refusal to pay the above referenced project assessments. At its July 16th meeting, the City Council reconsidered this matter and again voted not to approve payment of these charges. ZSinc rely, r, Daniel F. Faust .Finance Director DFF: vl cc: City Manager I �9 RODERiCK A. LAWSON DONALD T. RALEIGH RAYMOND O. MARSHALL JOHN SCOTT MCDONALD LAWSON, RALEIGH S. MARSHALL, P. A. LAWYERS 3825 LAKE ELM O AVENUE NORTH LAKE ELMO, MINNESOTA 55042 (612) 777-6960 June 30, 1981 REUBEN G. THOREEN 1912-1967 MILTON LINDBLOOM 1925-1936 CHESTER S. WILSON 1915-1977 Mr. Dan Faust Finance Director City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 Re: Valley Branch Watershed District, Project 1005 Dear Mr. Faust: I am writing to confirm our phone conversation of June 22, 1981, regarding the above -entitled matter. We respect- fully request on behalf of the District the City reconsider its refusal to pay the project assessments which were previous- ly billed to you. ROM: vl cc : Managers Engineer Yours truly, f iia' rn O. Marshall y Yml t� cq ; On �.. h IN V 0:2.:: t f 1 CITY OF MA-PLIEWOO- I D 1�38OI'IZOSI' .k1'I;1t'L NI �kI'I,LNX'OOI), I:� 1 E5O"I :� �10� OFFICE OF FINANCE 770-4513 April 29, 1981 Mr. Maynard L. Eder, Treasurer Board of Managers VALLEY BRANCH WATERSHED DISTRICT 9275 Lake Jane Trail Lake Elmo, Minnesota 55042 Dear Mr. Eder: r April 13th letter requesting payment This i s s i n response to you P jCouncil will for Project 1005 assessments. Our City of $268.37 � nota do not agree with the payment of this 9 approve P hibill as they philosophy of assessing local street right-of-ways. • to reconsider, please send a written If you would like our Council on the y er and this item could be placed request to the City Manager agenda. Sincerely, Daniel F. Faust Finance Director DFF: i S cc: City Manager April 139 1981 Mr, Dan Faust , Finance Director City of Maplewood 1380 Frost Avenue Maplewood , Minnesota 55109 Re: Valley Branch Watershed District 'Project 1005 Assessments to Highways, Streets, Other Roadways for the Benefit of the Repair and Maintenance (Operating) Fund Dear Mr. Faust: As a result of precipitation during 1979 and 1980, it was necessary to operate Project 1005 throughout most of these years. The continued operation of this project has exhausted the Project Repair and Maintenance (Operating) Fund. To provide the anticipated operating expenses for the next 3 years, the Board of Managers of Valley Branch Watershed District have certified 1981 assessments to the Washington and Ramsey County auditors for the bene- fit of this Fund. These assessments were computed by the same method used for the previous project assessments. As with the previous project assessments, all highways, streets, and other roadways have also been assessed. The total assessment for public right-of-way for which the City of Maplewood is responsible is $36.84. According to our records, the previous Project 1005 assessments have not been received. Project assessments to the City of Oakdale are summarized in the following table. Year Fund Amount 1979 Construction Fund $192.94 1979 Repair and Maintenance (Operating) Fund 38.59 Total Previously Billed Not Paid. . $231.53 1981 Repair and Maintenance (Operating) Fund $ 36.84 TOTAL NOW DUE . . . 0 0 . . . . . . . $268.37 A LEN DORNFELD ROBERT ROSAS GEORGE HEDGES IIAAYNARD EDER A. W. HORNING VALLEY BRANCH WATERSHED DISTRICT ` r f 4508 BIRCHBARK TRAIL LAKE ELMO, MINNESOTA 55042 <' Mr. Dan Faust, Finance Director U Page 2 April 13, 1981 Please remit to: valley Branch Watershed District c/o Maynard Eder, Treasurer 9275 Lake Jane Trail Lake Elmo, Minnesota 55042 If you have any questions, please contact the Managers or =our staff (Ray Marshall, attorney, 777-6960; Al Fandrey, engineer, 920-0655) . ra.E/am c: Mr. George Hedges Mr. Raymond Marshall Sincerely, eL Maynard,L. Eder, Treasurer Board of Managers VALLEY BRANCH WATERSHED DISTRICT s 1 - ! Seconded by Councilman Anderson. BY ORDER OF THE CITY COU14C IL /s / Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Ayes - all. e. Councilman Nelson introduced the followin resolution and moved its adoption: 80-4-87 J, iEREAS, the proposed public improvement of the area from Adele Street to 500 feet west between East Shore Drive and Frost Avenue and the area from Adele Street to Phalen Place between Frost Avenue and Fenton Avenue, Maplewood Project 79-7, by construction of streets, storm sewers, sanitary sewers, wat ermain and necessary appurtenances does not have any impact on the City Comprehensive Master .Plan; NOW,, THEREFORE, BE IT RESOLVED that, under the provisions of M.S. Section 462.356, City Council hereby waives the review of aforementioned project by the City Planning Commission. Seconded by Councilman Anderson. Ayes - all. 7. Hillcrest Development: Developer's Agreement a. Manager Evans stated Mr. Ernest Christianson, Hillcrest Development, had requested to be heard by Council concerning his disagreement with a portion of the developer's agreement for the Hillcrest Improvements. h. Mr. Christianson spoke concerning the disagreement regarding the developer's share of the cost for the improvement. Councilperson Juker moved to extend the meeting past the 11:30 P.M. deadline. Seconded by Councilman Anderson. Ayes - Mayor Greavu; Councilperson Juker, Councilman Anderson and Nelson. Nays - Councilman Bastian. C. Following lengthy discussion, Councilman Bastian moved, to refer the matter to staff to report_ back by Ma 15 1980 and that the Priory be notified regarding service and improvements_ to their property. Seconded by Councilman Anderson. Ayes - all. 8. Assessment: Valley Branch Watershed a. Manager Evans presented the staff report. b. Mayor Greavu moved to den a meet of the special assessment of $231..53 from the Valley Branch Watershed District for storm sewer improvements. Seconded by Councilman Bastian. Ayes - all. 16 4/3 MEMORANDUM To: City Manager FFROM:• Director of Public Works ttz� SUBJECT: Assessment - Valley Branch Watershed District _ DATE; Fet ruary 25, 1980 This is to point out that the City has received a special assessment of $231.53 from the Valley Branch Watershed District for Storm Water improvements. The project included the co:�str. uct ion of a pumping sys tem toP rovide an outlet to a small lake experiencing f looding in Washington County. A small portion of N. E. Maplewood contributes to the watershed. Although the bill is relatively small, it does set the f irst precedent of a watershed district assessing the City- of Haplewood. The assessment directed to the City is based on the square footage of right-of-way which contributes drainage to the proJect. Ido not agree with the philosophy of assessing local street rights-of-way. hot f ever , the assessment was based on a rational formula and the State statutes allows the District to assess "benefits tc municipal corporations which occur to the land in the municipality generally". It should be noted that the Ramsey -Washington Watershed District does not currently contemplate assessment of local street right-of-way for the Battle Creek Project. As the assessment is small, and the City generally supports the work of the watershed district, it would be my intent to process the payment tbrough regular accounts payable. J ..4� y 0 i � • � � . � � �....►...•�..-rte+" -WPM CITYOF hite Bear [-Jake October 13, 1981 Action b�� G �' ;_.lav .`..; ' :. -1.� _...,....: En o,7 Ea;'i Dom. Je---__ Dear Clerk/Administrator: P1 ease find enclosed material from the Ramsey/Washington Counties Suburban Cable Communications Commission. This material includes: 1. the revised Joint Powers Agreement 2. the existing Joint.Powers Agreement 3. a memorandum from the Commission Attorney discussing the changes in the revised Joint Powers Agreement 4. the proposed By -Laws, and 5. minutes from the By -Laws Committee meeting of August 31, 1981, and September 24, 1981. It was necessaryto revise the Joint Powers Agreement due to the addition of several members. Perhaps most importantly, intensive study and work by the Ramsey/Washington Counties Suburba n.Cable Communications Commission suggested the need for more eq provisions rovisions with regard to voting and financial contributions. I believe that the revised Joint Powers Agreement addresses these concerns and is a very workable Agreement in all respects. The commission intends to begin working under the revised Agreement at its November 12, 1981, meeting. Consequently, it is important for you to act upon the revised Agreement soon. Minnesota law requires that the Joint Powers Agreement be adopted by ordinance or resolution. A sample resolution for adopting d Joint Powers Agreement and designating directors and the reviseg alternates is attached. 250 Miller Avenue • White Bear Lake, Minnesota 55110 • Phone (612) 429-8526 Police and Fire Emergency Phone 429-3355 SAMPLE RESOLUTION IT IS HEREBY RESOLVED that the City Council of the City of adopt the revised Joint Powers Agree - meet as submitted Ramsey /Washington b the Ramse /Washington Counties Suburban Cable Communications Commission. It is further resolved that and be designated as directors to represent the City of during proceedings of the Commission. The designated alternates shall be and who shall act in the absence of said directors. JOINT AND COOPERATIVE AGREEMENT R _MISEY/WASHINGTON COUNTIES SUBURBAN CABLE COMMUNICATIONS COMMISSION The parties to this Agreement are governmental units of the State of Minnesota. This Agreement supersedes any prior agreement between the parties covering the establishment of a cable communi- cations commission and is made pursuant to Minnesota Statutes §238.08 and §471.59, as amended. I. PURPOSE The general purpose of this Agreement is to establish an organization to study, prepare, adopt, grant, administer and enforce a single non-exclusive cable communications franchise in member muni- cipalities uni-- cipal ities in the Ramsey /Washington Counties Cable Service Territory. _ Z The name of the organization is the Ramsey/Washington Counties Suburban Cable Communications Commission. III. DEFINITIONS Section 1_ Definitions. For purposes of this Agreement, the fi ned in this Article shall have the meanings given them. terms ae Section 2. "Board of Directors" or "Board" means the governing body of the Conunission _ Section 3. "commission"means means the organization crea ted pur- suant to this Agreement. Section 4. Iscityllor Cities or "Municipalities" means any city or township -0 'on 5. "Director" means a person appointed by a member Sects • one of its representatives on the Commission. city council to be P • Sccti� n 6. "Member" or "Member Munici alit "means a muni-- • enters into this clpality which e Agreement and is, at the time in, volved a member in good standing. g Section 7. ."Eligible Member" means a municipality within the Cable Service Territory t ma • that if it so acts, adopt this y, Agreement and become a part of this Commission. IV. ELIGIBLE MEMBERS The municipalities of Birchwood Village, Dellwood, Lake EZmo► Mahtomedi, Maplewood, North St. Paul, Oakdale, Vadna g ► is Heights, White Bear Laker White Bear Township, . Will, ernie and Grant Township are eligible for membership. V. DIRECTORS ications A Section 1. Qualif / pPointment. The city council of b resolution two {2} each member shall be entitled to appointy directors and two (2) alternate directors. At least one ( 1 ) director and his or her alternate shall be a member of that council and the other director and alternate s a q hall be qualified voter residing within that municipality. alit . When the council of a member appoints directors and an alternates, it shall give notice its first two dire Y of their appointments tg o the designated Coordinator of the Commission. Notice of a successor director shall be given to the Secretary of • hall include the name and vnai ling address the Commission. Notices'shall of the director which shall be deemed to be the official name and director for the purpose of giving any notice re- address of that dir P P • Agreement. Alternate directors shall serve in re- quired under this -2- the absence of their designated director. Alternate directors shall have all the powers of their designated director in the event of such director's absence. Section 2, Term. The terms of the first directors snail .begin on the effective date of -this Agreement and shall continue until November, 1983. Thereafter, each director shall serve for a term of two (2) years. A director shall serve at the pleasure of his or her city council. Section 3. Votin There shall be no voting by proxy. All votes must be cast in person at Commission meetings by the director. The number of votes each director shall be entitled to cast shall bei -based upon the official population as determined by the latest United States Census of his or her member city as it corresponds to the formula set forth in Appendix "A" attached to this Agreement. A director shall not be eligible to vote on behalf of his or her municipality during the time that said municipality is in default on any contribution or payment to the Commission. Section 4. Compensation. Directors shall serve without compensation from the Commission, but this shall not prevent a ,member from compensating its directors if compensations by that member is otherwise authorized by law. VI. OFFICERS Section 1. Number /Election, The officers of the Commission shall consist of a Chairman, a Vice Chairman, a Treasurer and a Secretary, all of whom shall be elected at the first meeting of the Commission, and thereafter, at the annual meeting of the Commission held in November of each year. New officers shall -3- SAMPLE RESOLUTION IT IS HEREBY RESOLVED that the City Council of the City of adopt the revised Joint Powers Agree- ment as submitted by the Ramsey/Washington Counties Suburban Cable Communications Commission. It is further resolved that and be designated as directors to represent the City of during proceedings of the Commission. The designated alternates shall be and who shall act in the absence of said directors. take office at the adjournment of the annual meeting of the Commission at which they are elected* - Section 2. Chairman/Vice Chairman. The Chairman shall preside at g all meetings of the Board and Executive Committee and shall perform all duties incident to the office of Chairman, and such ties as may be delegated by the Commission. The Vice other du Y . Chairman shall act as Chairman in the absence of the Chairman. Section 3. Secreta r The Secretary shall be responsible record of all of the proceedings of the Commission ,for keeping a �' p . Committee. The Secretary .and Executive Y shall send written notice and material pertaining to agenda items to each director at least five (5) days prior to the meetings. Section 4. Treasurer. The Treasurer shall have custody of the Commission's funds, shall pay its bills, shall keep its finan- cial records and generally conduct the financial affairs of the Commission and for such other matters as shall be delegated to him by the Commission. Orders, checks, and drafts of the Commission shall require the signatures of the Treasurer and one (1) other. Executive Committee Officer. In conducting the Commission's financial affairs, the Treasurer shall, at all times, act in accordance with generally accepted accounting principles. Treasurer's � re orts including any bills.. or claims to be acted upon by :the Commis- sion, shall be.' distributed to all directors not less than five (5) day; prior to the meeting. The Treasurer shall post a fidelity bond or other insurance in an amount approved by the Commission. The Commission shall bear the cost of the bond or insurance. Section 5. Executive Committee. There shall be an Executive -4- Committee which shall consist of the four ( 4 ) of f icers and any elected by the Comimission. To the extent specifi_ other director � y dally delegated by the By -Laws. or resolution of the commission, .. the Executive committee shall have the authority to manage the . •n during business of the Comm1sszo g intervals between meetings of • t all times is subject to the control and the Commission but a direction of the Commission. The Executive Committee shall meet at the call of the Chairman or upon the call of any other two ( 2 ) members of the Executive Committee. The date and place of the meeting shall be fixed by the person or persons calling it. At least forty-eight (48). ho urs advance written notice of that meeting given to all members of the Executive shall be g Committee by the tin however, notice may be waived person or persons calling the meeting, , Y members who actually attend the meetings or who have by ,any or all • given a written waver of such notice for a specified meeting* VII. MEETINGS Section 1. First Meetin The first meeting of the Commis - g sion shall be held on Thursday, November 12, 1981. Section 2, B --Laws . At the first meeting of the commission, y the Comms p commission shall adopt By -Laws governing its procedures, in- cluding the p h time lace, notice for and frequency of its regular meetings, s the procedure for calling special meetings and such other matters as are required by this Agreement. The Commission may By -Laws the B -Laws from time to time. The By --Laws may be amended in one, of two ways: - A. Ap roposed By -Law amendment may be brought up at a regular meg, etin then referred to the By -Laws Committee for its . 5- recommendation and then voted upon at the next meeting of the Commission; or BBy -Law proposed 8 -Law amendment may be brought by giving . A p P d written notice riot to a scheduled fourteen (14) days advance P meeting to all The proposed amendment would then be directors referred to the By Laws Committee for its recommendation and acted upon by the Commission as a whole at the scheduled meeting. In no event shalla proposed By -Law ro osed B -Law amendment be acted upon without a recommendation from the By -Laws Committee. • A ma ' orit of the member 'munici-- Section 3. Voting/Quorum. J Y • quorum of the Commission and a majority palities shall constitute a pp of the members of those appointed to the Executive Committee shall . constitutea quorum uorum for a meeting of the Executive committee. No business shall be conducted without a quorum. Unless otherwise provided in this Agreement, no action shall be taken unless a quorum is present and the action is voted for by a majority of the -total votes cast by t P he directors resent and voting at a Commis- • or a majority of the Executive Committee at its sloe meeting, y J Y • instances less than a majority may meetings, except that �.n both , adjourn a meeting. VIII. PO, WERS RIGHTS AND DUTIES OF THE COMMISSION Section 1. Franchising_Authority. The Commission shall act as the cable communications franchising authority for the members as provided herein. Section 2. Grant of Franchise. The Commission_ shall. prepare, adopt, grant, administer and enforce a cable communications fran- chise ordinance may establish rates thereunder, and may do all y zi c» • necessary and proper to the implementation of things reasonably y P p its powers owers andduties, including those powers set forth in this . g article. As part of process, rocess the Commission shall seek input . from all member municipalities and communicate the progress of . the Commission to each member city on a monthly basis. Section 3. Needs Assessment. The Commission shall compile, make publicly availableapprove and a rove a Needs Assessment Report. • for Proposals. The Commission shall Section 4. Request public hearing, i.- prepare and adopt, after a p , a Request for Proposals. g he Request for Proposals shall. be by at least a The adoption of t q p vote of the total eligible votes. Votes shall be two-thirds (2/3) • Proposals is properly adopted or until taken until the Request for P p P P the hearing is adjourned in which case the Commission may schedule and hold add_ g �.tional meetings to adopt a Request for Proposals. Section 5. Designation nation of Company. After receipt and review _� L of .all proposals submitted to the Commission by the cable communi- cations shall select by r"esolution, after cations companies, the Comma � � a public hearing, one 1 cable communications company to which it .may grant a franchise. The adoption of the resolution shall be by at least a two-thirds (2/3) vote of the total votes entitled to be cast. Votes shall be taken until a cable communications company 1•s so selected or until the hg adjourned hearing is in which case the Commission may schedule and hold additional meetings to select a company. - Adoption of Franchise ordinance. The Commission Section 6. p _ shall pre adopt and grant one (1) cable communications company pare p a single non-exclusive cable communications franchise (hereinafter _7_ _ _.. , .._ _ _ _ ..r.. _ ...e.. • ..,�...., �j + ....ny.�...��s']@'�+sG :�U}"*�:+ca s �f* Li �'?K'!R`�•�` ` '' ' ' !rr•" 4"6. , '''" ."franchise ordinance") to construct, maintain, operate or manage .a cabs Y e communications system emcompassing all of the territory of the members. The adoption of the franchise ordinance and the grant of the franchise shall be after a public hearing by an affirmative vote of at least two-thirds (2/3) of the total eligible votess. Votes shall be taken until the franchise ordinance is so adopted or until the hearing is adjourned in which case the Commission may ' ti onal meetings' t the franchise ordi- nance to ado schedule and hold addsP .Hance and grant the franchise. In the event no further meetings of the Comm fission are scheduled to adopt the franchise ordinance, the franchising process shall be suspended and the. Commission may promptly ., resume the franchising Process at any point in the process as deter- mined by the Commis s ion . . Section 7. Publication/Effective Date. The franchise ordi- nance adopted b the Commission shall be signed by the Chairman P Y b the Secretary. The franchise ordinance shall be and attestedy Y published shed within fifteen (15 ) days after adoption by the Commission in the o P official newspaper er of each member. The franchise ordinance shall take effect thirty days after the last date of its publi-- irt y ( 30 ) Y cation, or at such later date as fixed therein. Section 8. Administration/Enforcement. The Commission shall adm ,inister and enforce the cable communications franchise ordinance delegate the franchise ordinance enforcement and admini- or it may g _ s tration to its members, for which service the Commission shall pay or reimburse its members. Section 9. Rates. To the extent allowable under federal and state law, the commission shall approve changes in rates charged OM by the cable communications company. The Commission shall notify each member of proposed changes in rates charged subscribers at least forty-five ( 4 5 ) days prior to a hearing on the issue. Section 10, Contracts. The Commission may make such contracts as are reasonably necessary to accomplish the purposes of the Commissio Section 11. Consultants, The Commission may retain the services of experts and legal counsel to advise it in accomplishing the purposes of ,the Commission. Sect ion. 12. Advisory Committees, The Commission may appoint an advisory committee to make recommendations to it on cable com- munications. The duties of such committees shall be set forth by the Commission. Section 13. Gifts/Grants, The Commission may accept gifts, apply for and use rants and may enter into agreements required in PP Y g y connection therewith, and may hold, use and dispose of money or property received as a gift or grant in accordance with the terms P Y thereof. Section 14. Legislative Activities. The Commission may submit written comments on rules, regulations or legislation regarding able communications proposed b or before the Federal Communications c P P Y Commission, the Minnesota Cable Conununications Board, the Minnesota an or Legislature other state or federal body. The Commission may g Y also direct its representatives to appear and testify on cable communications before any governmental body. - Section 15. Investi ation. With the approval of a majority of the Commission, directors may be authorized to investigate the operation of cable communications systems in ..other cities in Minne- sota or elsewhere, and the expenses of traveling and subsistence of • Yr�akin an such investigation shall be borne by the directors �n g Y Comm i s s ion . Section 16. other Actions. The Commission may exercise any ' other power necessary and incidental to the implementation of its .. pokers and duties as set forth in Article Is - section .Section 17. Other Laws and Regulations. ulations. This Agreement, _all • ordinance adopted or �f ran-- Comma s sion activities and any franchise • commission shall. be subject to all local, state chlse granted by the Comma and federal laws and regulations. . Section 18.' Conflict Resolution . .. In the event of an un►re so1v-- • grantee of any f ranch i se able e disPute between a member city and the • Agreement- - the Commission shall act as an granted pursuant to this Agreeme , . its peal board and use ibest appeal .efforts to assist in the resolution of the disputes. IX. FINANCIAL MATTERS • Year*-. The fiscal. -year.-of .the-- Comrniss3on . Section l . Fiscal ,is the calendar yeare. •- The 1981 -f inancial contributio�r Section 2.- Contributions-. 1981. • e parties to this Agreement he operation of the- Commission by the to t P shall be as follows A. Parties to this Agreement wa P Pith o ulation in excess of 10,000 based upon the most recent official census shall be as- sessed one Thousand usand Dollars ($1,000-00). •with ' a population less than B. Parties to this Agreement P P ' census shall be assessed based upon the most recent official 10,000 P • ed Dollars ($500. . Flue �undr 00) . bse cent Years . Contributions Section 3. Contributions -Su q for subsequent years s hall not exceed the budget amount f or that given year. A member municipality shall be assessed a share o . f the budget equivalent to the total number of votes that munici- .pality has, as it corresponds to the formula set forth in Appendix . 'B11 attached to this Agreement, A member shall be deemed in default. if said member's contribution is not paid in full on or before January 310 Section 4. Bud et Process 1982. A proposed budget for the year 1982 shall be formulated by the 'commission and submitted to the members within sixty (60) days after the effective date of this Agreement. No budget shall become effective unless approved by resolution of the governing body of member municipalities repre- sented by three-fourths (3/4) or.more of the total possible budget shares as set forth in Appendik "B". A proposed budget must be approved within sixty (60) days after its submission to the member municipalities. If the budget is not so approved, the commission rmulate a revised budget and submit it to the shall promptly fo members for their review and approval. Section 5. BudgetProcess - Subsequent Years, This Agreement contemplates that franchise fees collected by this commission shall - be in an amount sufficient to defray the operating expenses and any subsequent years* other necessary expenses of this commission in The franchise ordinance shall provide that franchise fees collected in excess of the amount needed for the annual budget shall be re- distributed to the then existing member cities in good standing according' to a formula using a proportionate share of the total gross revenues derived from, each of such member cities. In the event the said fees are not sufficient, a proposed budget for that year shall be formulated to raise the additional revenue. Any budget so formulated shall be submitted to the members on or before August 1 of the year. No budget shall become effective unless ap- proved by resolution of the governing body of member municipalities represented by three-fourths (3/4) or more of the total possible budget shares as set forth in Appendix "B". A proposed budget must be approved within sixty ( 60 ) days after its submission to the member municipalities. If the budget -is not so -approved, the Commission shall promptly formulate a revised budget and submit it to the members for their review and approval. Section 6. Expenditures. The Commission may expend its funds as it deems necessary and appropriate pursuant to this Agreement. All checks drawn upon the Commission's account shall require the signatures of the Treasurer and one (1) . other officer of the Executive Committee. Section 7. Annual Audit. The Commission's financial books and records shall be audited on or before July 1, or at such other times as the Commission may direct, by an independent auditor desig- nated and approved by the Commission. The result of the audit shall be reported to the members. The Commission's books and records shall be available for and open to examination by the members and the general public at reasonable times. Section 8. Franchise Fees. The franchise ordinance adopted by the Commission shall provide that the Commission shall collect all franchise fees paid by the cable communications -company. Section 9. Annual Report, The Commission shall submit to the governing board of each member an Annual Report. This report shall -12- contain in the results of the annual audit, a summary of the past ' and a discussion of the Co=,ission' s plans for the year's activity cormng Y ' ear. The report shall be submitted to the governing body of each member on or before August 1 of each year. X. WITHDRAWAL Section 1. Withdrawal. Any municipality may withdraw from this Agreement b giving notice prior to the Commission Hearing on Policy Decisions. After the commencement of the Hearing on Policy Decisions, nomunicipality ma withdraw from this Agreement. Y Section 2. Notice. In order to effectuate a withdrawal, a member withdrawing from the Commission shall give notice to the w g Coordinator of the C onY ommissib service of a certified copy of a s cit council indicating its intent to withdraw resolution of it y from the. commission. Such notice must be given. to the Coordinator • fission Hearin of the Commission prior to the Comm g on Policy Decisions to be effective. Upon receipt t of the resolution, the Coordinator forward a co of the Comms' s s �.on shallPY of the resolution to each of the directors. Section 3. Financial Effect of Withdrawal. No financial benefit may inure to a municipality that withdraws under this. shall there be reimbursement for any contribution provision nor sh any my ade b the withdrawn municipality. XI. DISSOLUTION Section 1. Duration of Commission. The Commission may p continue for a term u to and including f if teen ( 15) years. The Commission may be d�. Y P dissolved only upon the expiration of the franchise, upon the termination of the franchise for any reason stated in the franchise ordinance or by operation of state or federal law. -13-- Section 2. Distribution of Assets. Upon dissolution of the Commi s s ion , a 11 Tema in ing a s s ets of the Cor1mi s s ion , of ter payment of n obli ations, shall be distributed among the members in proportion g to their contributions and in accordance with procedures established by the Commission, The commis slon 51iai a. ,---- . -� period, no longer than six (6) months , as is dissolution for such peri g necessary to wind up its affairs, but for no other purpose. Hance after Dissolution. The Section 3. Effectiveness of Ordi • provide that upon the dissolution of the franchise ordinance shall Commission by operation of state or federal law, the ordinance • shall remain effective and enforceable by each individual member within its territorial limits. XII. EFFECTIVE DATE • A reement. A municipality may enter Section 1. Execution of g into this Agreement by resolution' on of its council and the duly author- s by its' duly authorized i zed execution of a copy -of this A g appropriate --f icers. Thereupon, the clerk or other pp p riate officer of of executed co of this Agreement, t munici ality shall file a duly exec 1?Y that P • authorizing-. resolution withtog ether with a certified copy of the au g the designated Coordinator of the Commission. The resolution authorizing the execution of the Agreement shall also designate the 'ci alit along with the directors' first director_ s for that municipality, Y addresses and telephone numbers. Date This Section 2. Effective D Agreement is_ of fective on November 12, 1981, or on the date when executed and the authorizing • municipalities named in Article IV resolutions of eight (8) of the p of this Agreement have filed as provided in this Article. -14- Section 3. Previous -Agreement Superseded. This Agreement when effective, supersedes all previous Agreements betwYeen the members hereto establishing a cable commcommunications commission. undersigned municipality has caused IN WITNESS WHEREOF, the g • be signed on its behalf this day of this Agreement to g , 19810 city of .�.�. By Its: Mayor . r By Its: Mana er /Cler, k ---------------- -15-- APPENDIX "A" Population of member Cit 0 - 5,000 5,001 - 10,000 10,.001 --151000 15,001 - 20,000 20,001 - 25,000 25,p01 - 30,000 Votes per Director 1 2 3 4 5 6 APPENDIX "B" Assessment Formula Po elation of Member Cit 0 5, 000 51001 - 10,000 10,001 - 15,000 15,001 -- 20,000 20,001 - 25,000- 25,001 - 30,000 Shares of Annual Budget 2 4 6 S 10 12 PtresEnt A rEEME-nt JOINT AND COOPERATIVE AGREEMENT ESTABLISHING RAMSEYMASHINGTON COUNTIES SUBURBAN CABLE COM MLIN iCAT101\6 COMMISSION The parties to this agreement are governmental subdivisions, of the State of Minnesota. This agreement sup4rsedes any prior agreement between the parties covering establishment of a cable communications commission and is entered into pursuant to Minn. Stat. Section 238.08, Subdivision 5. • T nT 1n nr1C1~ The purpose of this agreement is to establish an organization to prepare, adopt, grant, administer and enforce a joint cable corn m uni r. --at ions franchise, and to establish rates thereunder. By entering into this agreement, it is the intent of the parties that they delegate the authority vested in them by statute or charter to accomplish those purposes. TT Al A AAT: The organization created by this agreement shall be known as the Ramsey/ 'Washington Counties Suburban Cable Communications Commission. III." MEMBERS The political subdivisions eligible to enter this agreement are as follows: City of White Bear Lake; City of Maplewood; City of North St. Paul; White Bear Township; City of Vadnais Heights; City of Gem Lake; City of M ahtorn edi; City of willernie; City of Birchwood; City of Woodbury; City of Oakdale; City of Little Canada; City of North Oaks; and City of Dellwood. TV. BOARD OF DIRECTORS Section 1. In order to carry out the purposes of this agreement, the- parties shall appoint a cable communications commission which shall be representative of all of the political subdivisions signatory to this agreement. The governing body n ion shall be its Board of Directors. Each party to this agreement of the cor��m�ss . east one of whom shall be a member of the City shall appoint two directors, at 1 - residing in the municipality making the Council and the other a qualified voter res g P • vote. The governing body of each party a ointment. Each director shall have one v g g PP to this agreement shall fill y ' ll an vacancies in the directors appointed or to be appointed by - lt. The directors shall serve ' without compensation from the commission, butthis shall not Prevent a member f rom compensating its directors . if compensation is authorized by law. proxy, Section 2. There shall be no voting by p y, but all votes must be cast in erson at commission meetings by the directors. Section 3. The directors of the commission shall serve for a term of two • to this agreement appoints its first ears. when the governing body of a party g . is to the governing body of each 'rectors it shah give notice of such appointments g g directors) g r to this agreement. Notice of appointment of successor of the oche. parties g . secretary directors shall be given to they of the Board. Such notice shall include • • of the appointee, whose Warne and address shall be the name and mall�ng address pp s of the deemed to be the official name and addressappointee for the purpose of giving ivin any notice required hereunder. • and appoint an executive committee from its Section 4. The Bo may PP members. The executive committee may g a be delegated the authority to manage • intervals between meetings the business of the. commission during intern sof the board but g • direction of the Board. The executive at all times is subject to the control and . committ • ee shall meet at the call of the chairman of the board or upon the call of executive committee. The date and place of meetings two other members of the . � � r persons calling it. At least 48 hours advanced shall be fixed by th� parson o p g • tins shall be given to all members of the executive written notice of such meetings -2- • erson or arsons calling the meetings; however, notice may be committee by the p p g • members who actually attend the meetings or who give waived by any and all mem Y • written waiver of such notice for a specif ied meeting. Section 5. A majority of the number of the directors appointed at any time shall constitute a quorum of the Board, and a majority of those appointed to the executive committee shall constitute a quorum of the executive committee. • and terms of the f ranchise shall be upon a Section 6. The grant t least a two- thirds vote of all members of the Board. Other actions shall be on a majority vote of the members voting. V. OFFICERS Off icers of the Board of the commission shall consist of a Section 1. � . •treasurer and a secretary, all of whom shall be chairman, a vice-chairman, a elected at the first meeting of the commission and at the annual meeting of the commission held in the month of November in each years Chairman shall reside at all meetings of the Board of the Section 2. The C P •' e -chairman shall act as Chairman in the absence of the commission. The vic Chairman. •secretaryshall be responsible for keeping a record of all of Section 3. The . t proceedings he roceedin s of the commission and notices of meetings. Section 4 • . The treasurer shall have custody of the commission's f unds; shall its bills; and shall keep its pay ifinanical records and generally conduct its financial of f airs. - VI. MEETINGS the first meeting of the commission, or as soon thereaf ter as Section 1. At g . 'cal the commission shall adopt by-laws- governing its is reasonably practical, • ace and frequency ucnc of its regular meetings. The procedures, including the time, place q Y bylaws may be amended from time to time by a majority vote.. -3- mission may he called by the � Section 2. Special meetings of the corn y rit ten re nes Chairman or by the secretary upon a w t of the majority' of directors. shall be iven to F Y directors, including Five -da s written nonce of special meetings g , t `id subjects to be taken up at the special meeting. the propose � • e given to the directors by the Section 3. Notice of special meetings shall b • ible an agenda for such secretar} at least five days �n advance and, when f eas , g usiness at regular ular meetings need not be m eetin s shall accompany 11 T the notice. B g g matters set forth in the agenda. limited to AND DUTIES OF COMMISSION VII. POWERS) RIGHTS A FI adopt, rant, administer, and Section 1, The commission may prepare, p , enforce a joint cable communications franchise and may establish rates ' reasonably necessary and proper to the 14 ithereunder, and may do all things Y . hose powers set forth in this • mentation of its powers and duties, including t P implementation articlew make such contracts as are reasonably Section 2. The commission may .1 the purposes of the commission* necessary to accomplish service of ex erts and legal. • n 3. The commission may retain the se P Sectio oses of the commissione counsel to advise it in accomplishing the p ur P advisor cornmittee to make Section 4. The commission may appoint an Y to it on cable com m uni ca tions* recommendations • for and use rants and • .The commission may accept gifts, apply g Section 5. •Y n therewithand may hold, use may enter into agreements required �n connection • r rant in accordance �t�ith 's ose of none or property received as a gift o g and dispose Y s the terms thereof . • written comments on rules, F he commission may submit wrl Section 6. T ' ns proposed by or before Mations or legislation regarding cable communicatio p p regulations, -4- a the Federal Communications Commission, the Minnesota Cable Communications Board of the Minnesota Legislature, or it may direct its representatives to ,appear and testify on cable communications before those governmental bodies. VIII. FINANCIAL MATTERS Section 1. The fiscal year of the commission is the calendar year. Section 2. The initial financial contribution to the operation of the commission by . the 'parties to this agreement shall be as follows: A. Parties to this agreement with a population in excess of 10,000, based upon the most recent official census - $1,000.00. B. -Parties to this agreement with a population less than 10,000, based upon the most recent official census $500.00. Section 3 q . Subsequent contributions shall be made by the parties to this d agreement. at such times anin such amounts as is determined by the parties by amendment of this agreement. Section 4. A proposed budget for the first year of the commission shall be p g prepared -b . the commission as soon as possible. Budgets f or subsequent years P Y shall be adopted by the commission prior to the beginning of the commencement of the year the budget covers. Section 5. The commission may expend its funds as it deems necessary and appropriate pursuant to this agreement, Section 6. All checks drawn upon the commission's account shall require the sig antures of the treasurer and the Chairman -or vice-chairman. The commission's financial books and records shall be audited once each year, or at such other times may direct b an independent auditor designated and approved as the commission y y p . . by the Board of Directors. IX, WITHDRAWAL FROM MEMBIRSHIP Section I. AnyP arty may withdraw from membership in the commission by -5- A giving ivin written notice of withdrawal to the commission. The notice shall be in the, f orm of a resolution of the governing body of the party. The withdrawal shall not become effective until 90 days from the date of filing the notice of withdrawal. When the withdrawal of a party does not result in the dissolution of the commission, the party so withdrawing shall forfeit any claim it has to any of the assets of the commission. X. DISSOLUTION Section 1. The commission shall be dissolved upon the affirmative vote of two-thirds of the members of the Board. Section 2. In the event of dissolution, the commission shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly and as such circumstances permit and subject to the provisions of this agreement. Section 3. Upon dissolution, the remaining assets of the commission, after .paying all outstanding obligations, shall be distributed among the then existing members " inro ortion to their previous contributions. All files and other P P m aterialsP repar. ed f or mem bers -shall be availabl e to them: ' XI. DURATION This agreement shall continue for an indefinite term. It may be terminated by mutual agreement of all of the parties at any time. IN WITNESS WHEREOF, the undersigned municipalities have caused this agreementg to be signed on their behalf this day of 198 CITY OF WHITE BEAR LAKE CITY OF MAPLEWOOD By By Its Its Its By__ Its ^r"M.Mk.►3M M E M O R A N D U M TO: Chairman and Directors Ramsey/Washington Counties Suburban Cable Communications Commission FROM: Adrian E. Herbst, Commission Attorney DATE: September 29, 1981 RE: Revised Joint Powers Agreement The Ramsey/ gton washin By -Laws Committee met on August 31, 1981 Y p and September 24, 1981 to revise the existing Joint Powers Agreement and to adopt a set of proposed By -Laws. As you may already know, Agreement does not adequately the present Agr address many provisions 't reflect the position of this Commission on many policy nor does 1 issues. Consequently, Con se uentl , there is a need for a revised Joint Powers Ac� reernent that is both, thorough and representative of the Commis- ' tion on such policy issues as voting, assessments, with- drawal pose and dissolution. I believe that the By -Laws Committee has r been successful in making many positive recommendations. The By -Laws Committee will meet one-half hour prior to the next regular meeting at which time any questions that you may have will be answered. In addition listing of By -Laws Committee members a g along with their home telephone numbers has been attached to this i p Memorandum. Please. . f eel free to raise- any of your questions with • office. I hope that many questions can these individuals or my p be resolve prior rior to the Commission meeting and thereby provide more of the commission's s time for the discussion of any significant questions. ...o.wiei�e�+ear,.�w�lMwq►�n.-aC�'.to7�'�'�."'l�i!�.�+�"Cx*?'.�'r�,+�%u.° In the remainder of the this Memorandum, I have discussed, .section by section, the changes es from the existing Agreement and, . for the changes. The following where necessary,.the reasoning titles and articles refer to the enclosed proposed Agreement. The only change here was to insert a reference to Minnesota general Joint Powers Statute, The Statute §471.59. This is the inclusion of this statute is intended to clarify the legislative source of.the the Commission's authority. I. PURPOSE been made in this article. First, .Several minor changes have �� o the word "study has been inserted t clarify.the role of this . "a joint cable communications Commission. Next, the reference to . of "a single non --exclusive . franchise" has been deleted in favor g This latter language merely re - cable communications franchise". f lects the language used by the Minnesota Cable Communications establishing Board.. Third, the reference to est g rates has been deleted n more e detail in Article will, Section -9. and specifically addressed i n th,. the last sentence I FinallY ' is article under the present Agree- ment nt is redundant and has been dropped. This article remains unchanged. III. DEFINITIONS . article is intended This article 1s new*' This ar to clarify_ many of the following articles* a^- IV. ELIGIBLE MEMBERS This article is not intended to be a listing of Commission ed to clarify which municipalities members but rather is intend Y art of this Commission & may, by so acting, become a p V, DIRECTORS, Section l. Qualifications/ i'cations/ • A ointments. This section permits PP - • each member to appoint by resolution, two the city council of directors and two alternates. while it is mandatory to appoint Dint an the two directors, a council need not app Y alternates. This • Article IV Section 1 of the .existing Agree the also expands on Ar , ' the role c �: any alternates. Finally, the pra-- ment by describing . .� the giving of notice to the designated posed language requires g g • Coordinator of the Commission when the first directors are appointed. The existing Agreement requires that notice be given to each member. • Both Agreements.. provide for a two year Section 2. _Term. term of office. • The two Agreements are similar in that Section 3. Votin , both prohibit voting by proxy and both require that votes be cast In person at Commission meetings. • r however, in the number of votes en - The Agreements differ, • The resent Agreement provides for one titled to each director. P • frequently suggested that members with a vote per director. It is f q Y larger population will contribute more to the overall economic attractiveness of the market than will members with a smaller population. Consequently, it is argued that members -with a larger - population should be givena more significant voice in the decision making process As a result, the By -Laws Committee has recommended 0 -3- the voting structure set f orth in Appendix "A" of the proposed Agreement. It is important to note that the.voting structure was designed so as to reg uire a diverse mixture of members to pass on significant items such as the adoption of the Request for Proposals, the de- signation of the company and the adoption of the franchise ordinance. In other words, neither the larger members nor the smaller members alone can pass on these significant areas. Section 4. Compensation. This section is consistent with Article IV, Section 1 of the existing Agreement. VI, OFFICERS Section 1. Number/Election. The only change in this section was the insertion of the final sentence to clarify when new officers take office. Section 2. Chairman/Vice Chairman. The proposed Agreement expands the Chairman's authorityto permit himto perform all duties incident to- the of f ice- as- well as other duties delegated to h im by ' the Commission. These changes should promote the day--to-day opera- tion of the Commission. In addition, the proposed Agreement authorizes the Chairman to preside at meetings of the Executive Committee, This change is procedural in nature and is consistent with the provisions pertaining to the Executive Committee. Section 3, Secretary. This section has been expanded to require the Secretary to provide written notice of meetings along with materialP ertaining to agenda -items to all directors at least five days in advance of scheduled meetings. This section was re-. wised to assure the propoer flow of meeting -material prior to meetings. -4- Section 4. Treasurer. The original Agreement did not provide for a fidelity bond or other insurance for the Treasurer. The 'proposed Agreement both requires a bond or other form of insurance g and states that the Commission shall bear the cost of the bond or insurance. arse. The proposed Agreement also directs the Treasurer to i p p .act in accordance with generally accepted accounting principles. This is intended to provide guidelines for the Treasurer as well as e a uniform accounting to promote g procedure. Finally, the procedure for signing checks, drafts and orders has been moved from Article VIII of the existing Agreement to this new section. Section 5. Executive Committee. This section is essentially consistent with Article IV, Section 4 of the present Agreement. The proposed ro osed Aqreement does, however, specify who is to serve on the committee as well as the methods for delegating authority to the committee. VII. MEETINGS Section 1, First Meetin . While the present Agreement ad- dresses what is to be accomplished at the first meeting , this new section alsoP rescribes when that meeting is to take place. Section 2. By -Laws. This section is new. The present Agree- ment fails toP rovide a procedure by which By -Laws may be amended. The present Agreement also addresses the matter of special meetings. These provisions have been moved to Article IV, Section 3 of the proposed By -Laws. _ Section 3g Votin /Quorum. The proposed Agreement defines a quorum as a majority of the members whereas the present Agreement � Y defines quorum as a majority of the directors. The proposed a re successful in assuring def • �.nition is perhaps more g a cross-section -5_ in a quorum. This may be important in any Commission of memberss with such a diversity in the size of its members. VIII, � POWERS RIGHTS AND DUTIES OF THE COMMISSION Section 1. Fr anchisin Authorit This section is new and merely summarizes the role of the Commissions • This provision is consistent Section 2. Grant of Franchise. with Article VII, Section 1 of the present Agreement. New language has been added, however, to emphasize that the Commission shall seek input from all member municipalities. section 3. Needs Assessment. A Needs Assessment is required Board. This section, although by the Minnesota Cable Communications •p com ' must pile a report, make new, simply states that the Commission it publicly cl available and approve it. Section 4. Request for Proposals. This is the first of three' �. n the franchising process. The. Request very significant steps i essentially dictate what the various applicants for. Proposals will e y _ will proposes Because of its other -commissions have • a mere majority to approve the typically required more than J Request. For example, the Northwest Cormission required a unanimous vote to approve the Request. The East Central, on the other hand, requires a two-thirds votes The proposed Agreement also requires a two-thirds vote of the total eligible two-thirds vote of all possible votes. This means a votes, not merely of thosepresent and voting. Beyond the signi- ficance of this Item, I believe that stringent voting requirements on the significant scant .tems may deter litigation initiated by losing y applicants* MC g Section 5. Designation of Com an . This is the second of the three signif ica nt items. This vote will dictate who will provide cable television service to this area for up to the next 15 years. • the sign3f is ance of this item may require more than a Once again, mere voting majority. Consequently, the proposed Agreement requires a two-thirds vote of all eligible votes4o Section bAdoption of Franchise Ordinance. This is the last . of the three significant items. The franchise ordinance will govern the relationship between the Commission and the franchisee. grantee that t -�e Commission Moreover, the ordinance will serve to gu e that the franchisee proposed. .The pro - receives the exact servic • posed Agreement again requires a two-thirds vote of all eligible votes. • Section 7. Publication/Effective Date. This section is new s and by its very terms iprocedural. This is a non -substantive - change. Section 8 • . Adml -' nistration/Enforcement. This-p'rovision was inserted to clarify the role _ .. of the Commission _afterthe . adoption of the franchise ordinance. •as addressed briefly in Article I Section 9. Rates. This w • 1 of the .resent Agreement. The as well as Article VII, Section p Pro 'dated this language in one section. posed Agreement has console • is more specific in terms of rates to In addition, this section P the rocedure for rate changes. be regulated and Section ld. Contracts. This is consistent with Article VII, Section 2 of the present Agreement. _7- Section Consultants. This is consistent with 11. C Article VII, Section 3 of the present Agreement. • Section 12. 'Advisory Committees . This is consistent with Article VII, Section 4 of the present Agreement. Section 13. Gifts/Grants, This section is consistent with • Article VII, Section 5 of the present Agreement. i Section `vities. This section is consistent 14. Legislative Acti with Article VII, Section 6 of the present Agreement. Section 15. Investigation. This section is new. It has been my experience that directors often benefit from witnessing other systems in operation, To prevent any abuse of this power, .the proposed Agreement requires approval. roval of the Commission before any investigations may be made. The final 1 three sections of this article represent non - substantive changes . IX. FINANCIAL - MATTERS . Section 1. Fiscal Year. This ' -section is -consistent with . Article VI, II Section 1 of the present Agreement. Section 2. Contributions -1981. This section is consistent with Article VIII, Section 2 of the present Agreement. Section 3. Contributions -Subsequent Years . The present Agreement is vague on this issue. Contributions for subsequent controversial. Consequently, it will years are frequently very t Powers be advantageous if the Join Agreement spells -out in detail .how these contributions are to be assessed. _ It is often argued that larger members should make larger • e Commission. This argument is especially contributions i.on s to th _8_ forceful when the Commission operates under a voting structure. lamer members have a greater voting In other words, since the g should also contribute more financially to the Com.mis- power , they show . • sion. The proposed Agreement links voting power to financial contributions. , Thus members with a total of two votes will be - he budget, assessed two shares of t g , members with a total of four votes will be assessed four shares of the budget, etc, d et Process-1982. The present Agreement does Section 4. Bu g _ not adequately tel address this area. The proposed language requires •to submit it to the individual the Commission to adopt a budget and members for their app roval . when a sufficient number of members have adopted the budget such that three-fourths of the total ratified, proposed budget has been rat , the budget will be deemed effective* Budge t Process-Subs e cent Years. The proposed Section 5. ge _Agreement contemplates that franchise fees obtained from the zfran- ch •see shall be sufficient cient I to defray-the-operating expenses and necessary expenses of the Commission. In the event these fees are not sufficient, this provision has been included to facilitate the raising of any additional revenues from the members. Any proposed budget so submitted will be subject to the budget process described in the preceding section. Section 6. Expenditures*' This section is essentially con- sistent with Article, VII Section 5 of the present Agreement. A sentence has also been inserted to specify who shall sign checks, drafts and orders of the commission, This, too, is -addressed in the section detailing the Treasurer's obligations. _9_ 4 • 1 ° V section 7. Annual Audit. This section expands upon what �. was addressed brief ly in Article VIII, Section 6 of the present - Agreement. This new language p a e s ecifies a date by which the audit must be accomplished • , guarantees that the results of the audit • provides that the Commission's will be made available to members and • books and records will be open for examination by members of the general public. Section 8. Franchise Fees. This section is new and is in_ . • collect the franchise fees paid by tended to clarify who will the franchisee* section is new. This provision Section 9, Annual Re ort . This • information from the -Commission back is .desi ned to assure a flow of g to the various members. X. WITHDRAWAL The present Agreementprovides rovides that a member may withdraw at ' .Yet for the Commission an time by simply giving 90 days notace. Y • process,a firm commitment -..is to be successful in the franchising •I f the members may freely withdraw, required from all memoers the whole viability of the Commission is called into question. It - cable companies will became actively is indeed likely that few p process when the whole viability of involved in the franchising p the Commission is so questionableo he legal ramif ications of with There is also a question of t g drawal. 8 awarding a franchise and adopting a franchise ordinance, Y into a the Commission enters icontractual relationship with the franchisee. At this point, a municipality,being g a third party to the contract, ought not be able to withdraw and thereby revoke the operation of a portion of the Commission. _10- consequently is not a. desirable Free withdrawal conseq yrable provision �. from both a practical g and les ability al perspective. The proposed Agree- ment has reduced a member 't to withdraw. Under the proposed withdraw un to the Commission Hearing on .Agreement, a member may wl L • policy Decisions. A member may not withdraw after this point. • 's article discuss the mechanics and The final two sections of this consequences of withdrawal. individual governing boards of the I would emphasize that the members retain several significant controls over the Commission: .. t designate the directors t itol) The governing boards mus � represent sent them on the Commi s si.on . • annual reports pertaining The governing boards will receive P 2) g to the Commission. 3) The individual members will have the right to administer 'terns within its territorial limits. For and enforce unique i example, the franchisee must still obtain any of the necessary before commencing construction. permits -from, thea _individual members XI. DISSOLUTION • The Commission may adopt a franchise ordinance that will ears . Under the proposed continue ince i for up to and ncluding 15 y ent the Commission will dissolve upon the expiration of A -0 the franchise, the termination of the franchise for any reason or b set forth in the franchise ordinance Y operation of state or federal law* would necesarily require the An renewal of the franchise wo _ Y execution and adoption of a new Joint Powers Agreement. The Present Agreement provides that the Commission may be g a two vote of the members. However, as dissolved upon noted above, the Commission and the cable company will have entered into a contract by adopting the franchise ordinance., once again, the legal argument can be made that the dissolution of the Commis- ntract b entities who, in fact, sion is an in with the co Y are notp arties to the contract. XII. EFFECTIVE DATE This section is new and procedural in nature. AEH:ndr -12- PROPOSED BY-LAWS RAMSEY/WASHINGTON COUNTIES SUBURBAN CABLE COMMUNICATIONS COMMISSION I. PREAMBLE ur These By --Laws are for the express purpose of assisting in the administration of the Ramsey/ g Washin ton Counties Suburban Cable • Communications Commission and shall be subordinate to the Joint and Cooperative Agreement in any matter of dispute. . II: DEFINITIONS these By -Laws, , the terms defined in this For purposes of y . Article shall have the meanings given them. Section 1. "Board of Directors" or "Board" means the governing - bodyof the Commission. Section 2 • . Comm i.ssion" means the organization created P ursuant_ to the Joint -Powers Agreement. .: • es" or " al Munici ines" means any Section 3. City or Ceti city or township. Section 4. Direc " tor" means a person appointed by a member • its -representatives on the Commission. city council to be one of P • " "Member Munic alit" means a muni -- Section 5. M�m�cr •r ' Agreement and is, at the time muni- cipality which has entered into this g p y involved, a member in good s:d • - - -_-- III. OFFICERS The officers of the Commis.sion shall consist o:E a Chairman, Vice Chairman, Secretary and Treasurer. . Each officer elected at the annual meeting of the Commission in November of each year shall ars able for re-election for serve for a term of two i 2 } years, be eligible g ac •succes sive two ( 2 ) year term, or until his/her successor is duly elected. IV. MEETINGS g Section 1. Regular meetings of the Commission shall be held on the second Ty hursda of each month and shall take place at the city ball of the individual who is then Chairman of the Commission unless scheduled elsewhere by the Commission. The Secretary shall send appropriate material pertaining g 'nin to agenda items to each director at _ least five ( 5 ) days prior to the meeting. Business at regular meetings of e thCommission, however, need not be limited to matters set forth in the agenda. Section 2. Regular meetings of the Board may be cancelled by g g • a Anna 3or ity vote of the directors or by the Chairman upon agreement by a ma 'orit vote of the directors present. � Y Section 3 • . Special meetings in s of the Board may be called by (1) the ..Chairman or (2) the Secretaryupon Pon the written request of a- • Notice ce of a special meeting shah. in- ���ority of the directors. No �. P dude the date, time, place ' and subject matter for that meeting and .� shall be sent by the Secretaryto the directors at least five (5) Business at days prior to the meeting. special meetings shall be limited to the subject(s) stated in the meeting notice. • Section 4. A ma • orit of the member municipalities shall con- � y stl •tute a quorum of the Board for the conduct of business at any • If a quorum exists at any time during the meeting of the Board. meeting,a quorum is then determined to exist for the remainder of • quorum is resent, the Chairman may the meeting. In the event no q P adjourn the meeting from time to time. Section 5. All meetings of the Commission, Board of Directors, or any of Its committees shall be open to the public. The Chairman 2_ mays, subject to challenge by a majority of the directors present, _� • on an agenda item. Public parti- cipation permit or close public discussion Y 9 • s relative to specific agenda items already cipatlon at Board meeting tee should to the extent possible, present considered by a subcommittee , new information not previ yousl made available to the Board. • da before a regular meeting of Section:. 6. At least one (1) y • member display or post the agenda the Board or Commission, each memo l? of that meeting at its city hall or otherwise make it available for public inspection. • business of the Commission and its Board of Section 7. The Directors shall be conducted in the following order : a. Roll call. Agenda and amendments thereto approved by a majority b• g of those present and votingo Approval of the minutes of the last meeting . C, . d. Recital regarding communications to the Board. f the Executivee. Review by the Chairman of the activities o Committee since the last regular Board meeting. f. Unfinished g agenda items from the last regular Board meeting. g Agenda- :-items W t, f ore - the Board h. other matters which may -properly come be of Directors. i. Reports of officers, committees and staff. •. Presentations ' b interested members of the public at Jy the meeting wishing to be heard on matters not included on the agenda. k. Ajournment. Section 8 • . The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the Board to the with these B -Laws. Board extent that they are not inconsistent wi Y 2 3) vote of _the Board of may be suspended' by a two-thirds. ( / rules y Directors present. V. SPECIAL COMMITTEES Section 1. There shall be an executive committee which shall consist of the Chairman, Vice Chairman, Secretary, Treasurer and -3- any other director so elected by the Board of Directors. To the .extent determined by the Board of Directors, the executive committee uthorit of the Board in the management of the Com - shall have the a y • t shall not modify any action taken by the mission, provided that i or dispose of matters which properly should come .Board of Directors p . before the full Board. The executive committee shall act only in the interval between meetings of the Board of Directors and at all the control and direction of the Board. No times is subject to • done unless voted for by a majority of the whole business shall be . executive committee at its meeting, provided that less than a majority may adjourn. The executive committee shall meet at the call of the Y Chairman or upon the call of any other two (2) members of the execu- tive committee. The date and place of the meeting shall be fixed by the person calling it. At least forty-eight ( 4 8 ) hours prior to the meeting, written • notice of that meeting shall be given to all members of the executive- committee by the person calling that ' be displayed at the city. hall meeting -and -a copy of such notice shall g a be waived by any member who ac-- of each member, however, notice may who gives s writ -ten waiver of such notice tual.ly attends the meeting or 9 for a specified meeting. . All meetings of the executive committee shall be in accordance with the procedures prescribed by these B_& Laws and the Joint Powers Agreement. • Chairman may, from time to time, and subject Section 2. The C Y committees of Board members with to Board approval, establish sub purposes as he or she .xray prescribe . such composition and for such Board members other than those serving on the subcommittee may attend and participateY f ull at such subcommittee meetings. The time, place and general business of any subcommittee meeting shall beg iven to all members of the subcommittee by written notice and shall be announced at the immediately prior full Commission meeting. In the event that such announcement is not made, notice of the. time, p lace and general business of any subcommittee meeting shall be posted at the cit ahl l of each member at least forty-eight ( 4 8 ) hoursP rior to the subcommittee meeting. All meetings of any sub- committees shall be in accordance with the procedures prescribed by these By -Laws and the joint Powers Agreement. Section 3. The Chairman may, from time to time, and subject to Board approval, establish such study committees and task forces composed of such Board and non -Board members as it may authorize and designate for such purposes as it may deem necessary or useful to assist the Board in accomplishing its responsibilities, duties and objectives. The time, place and general business of any task force or.study committee meeting shall be -given to each member of such committee by written notice and shall be'announced at the immediately prior full Commission meeting. In the event that such announcement is not made notice of the time, place and general business of any task force or study committee meeting shall be posted at the city hall of each member at least forty-eight (48) hoursp rior to the meeting. Any meeting of such committee shall be in accordance with the procedures prescribed by these By -Laws and the Joint Powers Agreement. VI. OFFICIAL ADDRESS The official P f f ' cial address and telephone number of the Ramsey/ Washington Counties Suburban -Cable Communications Commission shall n ies be the city hall of the individual who is then Chairman of the Commis- sion. - 5 -- �jjj • t N �I e VII, AMENDMENTS Section 1. Procedure. Amendments to these By -Laws may be director. The By -Laws may be amended in one of proposed by any Y . .two ways, a. Ap roposed By -Laws amendment may be brought up at a meeting, regular m g, then referred to the By -Laws Committee for its recommendation and then voted upon at the next meeting of the commission; or may be brow b, A proposed By Law amendmenty ht by giving g fourteen {14 } days advanced written notice prior to a scheduled proposed meeting to all directors. ra The osed amendment would then be _ referred to the By Laws Committee for its recommendation and acted upon by the Commission as a whole at the scheduled meeting. In no event shall a proposed By -Law amendment be acted upon p Y without a recommendation from the By -Laws Committees, • By -Laws of the RAMSEY /WASHINGTON I certify that the foregoing y COUNTIES SUBURBAN CABLE COMMUNICATIONS COMMISSION were adopted by the Board of Directors at the regular meeting thereof on 1981, by Secretary. RV Secretary r --6- MINUTES OF THE MEETING OF THE R:AM SEY-WASHINGTON SUBURBAN CABLE COMMISSION BY-LAWS COMMITTEE HELD MONDAY, AUGUST 311 1981 AT 7:00 P.M. Those present were: White Bear Township Jon Arcand . Claudette Munson Willernie Ralph Corwin North St. Paul James Rohricht Maplewood Adrian Herbst Attorney for the Comlrti s s ion Gary Matz Herbst & Thue Law Firm The meeting was held at the Willernie Village Hall. The meeting �. was called to order at 7:00 P.M. Selection of Chairman James Rohricht of Maplewood was elected Chairman of the Committee by unanimous vote. Voting Structure -discussed the voting -arrangement Committee members . disc gement .under the e all directors -have present ent Joint Powers Agreement. At this time, one vote. The Committee concluded that this arrangement gives a • smaller communities. It was agreed disproportlonate role to thesm the o ulation formula was needed that would reflect population that a voting f orm of each community. RECOMMENDATION. The Committee recommends that the following voting formula be adopted: population Votes per Director 000 1 5,00l-101000 lo,00l-15,000 3 3 15,00l-20,000 201001-25,000 5 5 25,o l-30,000 _ •ed his belief that this recommended Mr. Corwin express • d to give the smaller communities a formula continueg disproportionate voice. h -i Number of Votes Required • rant and terms of the agreement provides that the g, all directors The present agr t a two-thirds vote of . franchise shall be upon at leas a ma � or ity vote of frathe her action requires only such f the Commission• Other explained that other items ' tors voting- Mr. Herbst e p royal of the Request the director the needs assessment, the app royal of ar ordinance will, in as the app he a royal of the preliminary ro osal and t pp franchise. ConSequently, for P p tate the terms of the f r rt dictate majority. Mr. . Corwin a large party o require more than a mere matters may als q on all matters. The these m le ma • ority would suffice that a simple of the eligible voting suggested e to require a 2/3 vote Committee, however, chose q Comma memberp shi for specified matters. recommends that a 2/3 ENDATION : :The Committee r required for vote 'RECOMMENDATION: ECOMM of the total eligible directors be req 1. Approval of the Request for Proposal and the preliminary ordinance. 2. Selection Of the f ranchisee - 3, Adoption of the franchise ordinance* of the eligible r matters, a simple majority For all oche directors present will suffice 0 When Ma a Vote be Cast w b proxy ere shall be no voting -by p _ eement.. states that there _ • S3on meetings by The =present. agr - be -cast in person at Comm�.s nt _..does and that all votes must that the present agreeme • or. Mr. Herbst explaine ct n his community is in e -- the dire director may vote when whether a ed that the issue must not address cation. The Committee afire fault on .any contribution. addressed at be a this time. when the • not cast his vote(s) . 14MENDATION : A director may default of any contra - RECO re resents i s in def community which he p bu tion to the Commission. Assessments ns shall be • subsequent contributions eement provides that s q as is deter - The present agr such times and in such amounts artie s at s the need to Specify made by the p e Committee discussed • the arties• Th ascertaining the assessment mined by p method for readily ascer g - with amounts or the meth reed that the members the It was generally agreed for each member. . assessed a larger contribution, ssessed g _ more votes should also TION ; The hassessment procedure will be directly RECOMMENDA Each member will be as -- d �to�thevoting structure.nkelent to the number of 1 io f the budget equivalent se s sed a share will be assessed 2 • A member with 2 votesA member votes It has, votes , 4 shares , et,-,. shares a member with 4 Ynber' s contr. ibution - ed in default if said ane tt., of assess - shall be deem •n 60 days after the da • of aid in full wlthi is n p Withdrawal • Agreement provides that any party' may with - The current Joint Powers Agreem at an time b merely giving notice and waiting draw .from membership Y Y this could have a the prescribed time. Mr. Herbst emphasized that thy. t on the Commission and do disruptive effect es not really represent a, • community to the Commission. The Committee agreed commitment by any c mm Y that some time frame was needed so as to lend stability to the Com- mission* RECOMMENDATION: The Committee recommends that any community ma withdraw from the Commission prior to y the Commission Hearing on Policy Decisions by giving notice to the commission. Af ter . the said Hearing, no community may withdraw from the Commission. Dissolution provides for the dissolution The current Joint Powers Agreement pr of v• ' u on the affirmative vote -of 2/3 of the directors e the Commission p • ramifications of dissolution and the need The Committee discussed sed the for stabi 1 ity • RECOMMENDATION: The Committee recommends that no provision for dissolution be provided. Quorum • should constitute a quorum of the Commis - The Committee discussed what s • a uorum • alternatives were discussed'. on the one hand,q _ Commis- sion. Two al 4r •-majority.--.Of. -the -directors _appointed at any -time, may :consist of a on the other hand, a specified -number---of---the communities may consti- tute a quorum. RECOMMENDATION: The Committee recommends that a quorum J a majority o be defined as Yf the eligible voting members recommends that roll call communities). The Committee also t votes be used for all votes and that alternates be seated at the same table as the directors. Miscellaneous Items • following miscellaneous items and made The Committee discussed the g these recommendations: 1. p, reference to Minnesota ota Statutes §471.59 be added in the intro- duction. uction. §471.59 is the general Joint powers ++ statute . ' ble communications franchise" be deleted 2. The reference to Joint ca "a single non-exclusive cable communi- cations replaced by a reference to g used b the This simply reflects the language y cationsfranchise". M innesota Cable Communications Board. 3. A definitional section be included to clarify such words as ��� t1 governing , "member", "director , governing body", etc. - 3- 4. Newly elected officers take office at the adjournment of the meeting at which they are elected. 5. The Chairman's s P 'rman'ower be expanded so as to permit him to: A. Pr wide at all meetings of the Executive committee. B. Perform all duties i nc ident ' to the office of the Chairman. C. Perform such other duties as may be delegated by the Commission* reqto keep a record of all proceedings 6. The Secretary be req of the Executive Committee. ' the Treasurer and the Commission 7. A fidelity bond be required for bear the cost of said bond. A Deputy Treasurer should be appointed. • meeting of the revised Commission be held on 810 The f first meets g said date being the second Thursday in November - November 12, 1981, s g y 9. By -Laws be amended in one of two ways: A. A proposed By -Law amendment.may be brought up at a regular meeting, p y tin referred to the By -Laws Committee and voted upon at the next meeting; or B. A proposed By La w amendment may be brought by giving 14 days advanced written notice, prior to a scheduled meeting, to all directors. The proposed amendment would then be ref erred to the -.By--Laws Committee and acted -upon • by the - Commission fission as a whole at -the scheduled meeting. • of directors present should be required, A simple majority vote items airing for special items. Special items are thoseq except p amend a special . a 2/3 vote of the Commission. To ._ requiring a 2/3 vote should be required. of the Commission. be expanded. 1p. The powers, rights and duties to provide for the: p A. compilation of a needs assessment. B. Preparationp and adoption of a Request for Proposal as well as a description of the procedure to be used, ordinance as well as the detailed C. Adoption of a franchise procedure. D. Publication an - - d effective ective date of the franchise ordinance. E. Administration and enforcement of the franchise by the Commission. -4- PP F. Approving of any rate changes. • television s ation of cable telev stems in other Y G. Investigation Minnesota cities. • other ower necessary and Commission's exercising.any p s and duties. H. the implementation of its power incidental to p • activities and any franchise Stipulation that all Commission a d federal laws I ' p to all local ► state an ordinance be subject' ded for in the terms of and regulations except. as prove the franchise ordinance. Commission budgets for subsequent years be adopted by August' 1. 11. Comm. . ed b the Commission. Franchise fees be collect y 12. his :. "Effective f ective Date" , be added. '� ffinal section, entitled E he agreement* 13. A how a city may enter into t g section would provide me effective November 121 ' Joint Powers Agreement well eco The revised ratify; the preceding Joint 8 out of the 1.3 members so r Y' veers Agreement lggl or when and the revised Joint Po g powers Agreement is dissolved; Pow g shall supersede it* -5- MINUTES OF THE MEETING OF THE RAMSEY -WASH SUBURBAN CABLE COMMISSION BY-LAWS COMMITTEE SDAY SEPTEMBER HELD THUR , 24, 1981 AT 7:00 P.M. Those members present were: Willernie Claudette Munson North St. Paul Ralph Corwin Maplewood James Rohricht Commission Attorney Adrian Herbst Herbst & Thue Law Firm Gary Matz Those absent were: Township White. Bear Jon Arcand Also present were: Lake Elmo Maynard Eder Maplewood Ann Fritch . Village Hall. The meeting d at the Willernie The -meeting was held hricht -at 7:05 p•m The by Chairman Ro was Called to:order A rova �. of Minute s • of the August 31, 1981, meeting were amended The minutes to read "The revised Joint Powers Agreement on page 5, section 13. p g when 8 f the members will become effective ive November 121 1981, or so ratif . pp roved. No other changes were made and the minutes were so a Joint Powers A reement The proposed Joint Powers Agreement was reviewed and the •explaine d the changes that were made. These Commission Attorney his Committee from the he recommendations of t changes reflect t made ' recommendations were m August 31, 1981meeting. The following Article VI, Section 4: Treasurer The Committee recommended this section be amended so as to require a distribution of Treasurer reports prior to the meeting. Any claims or bills to be acted upon by the Com- mID ission shall also be distributed in advance. Finally, it was recommended that this section Fin Y• incorporate standards to guide the Treasurer. Article VI, Section 3: Secretar�r The Committee recommended this section be amended so as to direct the Secretary to send notice of meetings and material pertain- ing to agenda items to all directors in ad- vance of the meeting. Article IX, Section 3: Contributions - Subsequent Years The Committee recommended that the reference to October 15 be deleted in favor of August 1. This was to conform with the standard schedule used by most city councils. The Committee also recommended that this section be amended to require all contributions to be paid by January 31 of each year rather than sixty (60) days after -the -date of assessment. Article IX,: Section 4: Bud et -Process 1982 The Committee recommended that this section be amended to read that the budget is effective when approved by municipalities representing three-fourths (3/4) or more of the total pos- sible budget shares. In addition, the munici- palities alities are given sixty (60 ) rather than forty-five ( 4 5 ) days to approve the proposed budget. Article IX, Section 5: Budget Process -- w rr• Subsequent Years The Committee recommended the corrections _ m P made in the receding section also be made here. Article IX Section 9: Annual Report + The Committee recommended that an Annual Report on the status of the Commission be made to the individual members. -2- Article X, Section 3: Financial Effect of Withdrawal The Committee recommended that a provision be added stating that no financial benefit may inure to a withdrawn member nor any contribution made by that member be refunded* Article XI. .,Dissolution The Committee discussed the concept of dis- solution, olution, It was generally agreed that there. were certain, tain limited events which should result in the dissolution of the Commi s s ion . The Com- mittee recommended that the Joint Powers Agree- ment be revised to permit dissolution upon: I 1 the expiration of the franchise 2. the termination of the franchise p for any of the reasons set forth in the ordinance, or 3. the operation of .state or federal law. Proposed By -Laws By -Laws The following The Committee reviewed the proposedy recommendations were made: Article I I1.' officers Amended so as to define the officers of the Commission. Article IV. Meetings Section'7 be amended to include unfinished agenda items from the last regular Board Meeting. Re ort to the Commission best The Committee discussed how to be present the proposed -- to the Commission 4, I t was Joint powers Agreement and By Lay�s questions would best be answe�ced without agreed that many routine q using the regular meeting time. The Committee agreed to hold an • -half hour prior to the open en meeting of the By -Laws committee one -3- which time the committee would respond to october meeting at any questions. In addition committee members will welcome any telephone calls from other directors who have questions pertaining Agreement and the proposed By to the proposed Joint Powers Ag -4- RAMSEY COUNTY PARKS & RECREATION DEPARTMENT 1850 White Bear Avenue Telephone (612) 777-1361 IPAMMY StPaul, Minnesota 55109 Anthony J. Crea, Director September 28, 1981 Bernard L. Edmonds, Asst. Director Mr. Barry R. Evans City Manager 1 1 City of Maplewood- 1380 aplewood1380 Frost Avenue Maplewood, Minnesota 55109 Re: Battle Creek Master Plan Dear Mr. Evans: Thank you for your letter of September 24th in which you responded to concerns of the Mayor and Council on the above referenced subject. I appreciate your recognition of the need for Metropolitan Regional Parks and hopefully any displeasure that may have resulted from the lack of communication can be corrected through the public review process. Ramsey County is acquiring, developing and operating parks, open space and recreation areas under the authority granted by Chapter 950, Laws of Minnesota, 1971. As a requirement of Chapter 950, Ramsey County may not acquire re or develop realproperty persuant to the act without first obtaining approval of the municipality in which the property is located. On August 31, 1972, the City of Maplewood by Council action, authorized Ramsey County to acquire that land in Maplewood presently identified as the Maplewood portion of the Battle Creek Regional Park, less the so called "Jordan 40". The authority for Ramsey County to acquire the "Jordan 40" was granted by the Maplewood City Council on October 19, 1978. The development concept of the Battle Creek Regional Park was approved by the Maplewood City Council on October 5, 19780 Our department has been in frequent communication with the City of Maplewood since October, 1978 on a staff to staff basis in the develop- ment of a master plan which was consistent with the development plan approved by the City Council. Mr. Barry Evans -2- Sept. 28, 1981 We very much regret any feeling on the part of the Maplewood City officials that there has been a lack of communications We stand ready and willing to discuss any areas of concern that may be in need of further study. Please let us know. It has been our policy to seek the widest possible input through the public review process, followed by official action from the policy boards of the various jurisdictions. We would like to clear up any area that may be of concern to the Maplewood City Council and then receive an official resolution giving conceptual approval to the Battle Creek Regional Park Joint Master Plan for Development. Your assistance in bringing this matter to satisfactory concul si on will be appreciated. Sincerely, thony J. Crea Director AJC:jjh cc: Maplewood Mayor and Council Hal Norgard Charles Weaver Robert Orth CITY OF MAI -s ( , OD 130 FROST :�1hN tE � .� ..�ESorik 5�lo9 HUMAN RELATIONS COMMISSION 770-4500 September 8, 1.981 j';.. �.: _tom -i. �. t j : , ` . � •.�. To: Mayor John Greavu ..-,.•_...._ .... City Council Members From: Maplewood Human Relations Commission ! � " z�.._.�r`_..y ...r-�z•",, 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 a Ordinance which deals with Se Bove Section 208 of the Maplewood Code relating to the Human Relations Corlimission: Motion was moved by Commissioner Haynes, seconded b Commissioner Lynch, that City Ordinance No. 405 y governing composition of the Human Relations' Commission be changed to read: THE COMMISSION SHALL CONSIST OF MINE (9) ME1 BERS 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 hum warrants such a change, an rights HRC/pw ORD1 ANCL h0 , 4 a AN n , �` OS IM NANCL AMEN D . jtiG SECT%ION pe, 208 OF THE E rUA!' 1 •p ' R I=L�T' L E., 0 D CODE I �.G TO II t;� USN RELATIONS OSS C0�1�\1ISS IOI�T THE CI7`1' COUNCIL OF TIIL CITY OF ri11PLEt OOD DOES 13EREDy ORDAIN AS FOLLows Section 1. That Section X08-030 is her e b y amended to read "24S 030. .. as follows APPOINTMENTS PROCEDURE members to be an The Comriissio pointed by t�22 i Ia n shall consist o Council., �ie:nbers or - - yor Dy and with t1he f seven (7 the Commission a dvi ce and co fitness for the e snail be a consent of the fficicnt dispatch of t PP°znted With due rear and irzposed v on t' he �functio d to their P the Commission, Members ns' P°j'ers and duties for terms of three S of the C vested in • (3) years, exCe t that o« Mission shall be occurring prior to r}:� e_,D ' p_ at any person a o • appointed lrac� on or the r PP lnted to fill a vacancy t�. a s appointed shall. be 2nDoin `erm 'for or ty �l ch his Y -e-piration of ted only for the or net predecesso . - remc. finder of such r .his or her tzrm or o - to t ;'his or her secce Office a memhe rm. Upon the ssor is term and S r shall continue to se =shall consist or r-' ' " hall have serve until .-nree Cl.} a�zr�aers for a qualified, The first c or a term of one terra or or�nlissio (I) year. The members" two � 2) years, and t � n Pensation and ma be rS of the Cosi two (�) members Y removed from office f scion shall serve tai or cause by the Mayor." shout coru— Section 2, . Th; s Ordinance shall take Its passage and u li effect an r P cation, d be in force from and after 'assed by the Ci t_�� Council of the -��� ��' of :�1apLetrood his 14th gay if October, 19761, ' Mayor . _tesL , ty' Clerk Ayes _ S Nays _ 0 Dcto )L.. lq7t. TO • • F ROM : DATE: _qTTR.T PPT • MEMORANDUM *000 s E t c_. City Manager�� Director of Public Works, September 29, 1981 JUNCTION STREET STORM WATER PROBLEM The City Council requested a stormwater investigation for the area west of Atlantic'Street along Junction Avenue. Mr. Otto, 1195 Junction Avenue, brought this matter to the Council's attention at the October 15, 1981, meeting. Contour maps, a recent feasibility study and limited field data are available to evaluate the situation. The attached map shows the topography and general drainage pattern. The low area just east of 1.195 Junction Avenue currently drains through a culvert to the west. The water then simply spreads out and soaks into the ground. This localized low area has no natural outlet. The only feasible solution that will have any effect is replacing the existing culvert at a lower elevation. This would involve approximately 100 feet of pipe, regrading a portion of the road and replacing driveway and street pavement. The cost of materials, not including labor, is approximately $2 000.00• This work would not guarantee elimination of the water problem, by any means. This is only a "Band-Aid", not a final solution. In fact it may be a step backward as far as the residents to the west are concerned. Additional water at a greater rate will flow onto their property. The City could be creating a liability situation by aggrevating potential property damage. Included with this report is a copy of the August, -1976 Feasibility study for this area. The system described in the study is a permanent solution that deserves consideration if the Council feels it absolutely necessary to do something in this area. It is recommended that the City Council only consider a permanent storm drain system consistent with. City standards to serve the subject area. Less extensive measures have limited positive or potential negative impacts and are a waste of money. ." 908.5 LARK x r A aj 3:K rE:: I E �.. �ao J 92a g 923.0 x U Y X . • r _./ / 27. 905.5 ❑ -190 --c3c X D D D 923 0 F -I El 99 0 0. 5 �LELAND x F [� Qi9 a ` d VEJ C Li 900 ' � 1 `'i _, _ ,r�.,' • • ti� UNCTION Xc r b FEASIBILITY STUDY FOR CITY PROJECTS 75-5 AND 76-1 STORJAi SEWER FOR #;I-,ZELVVIOOD AT COUNTY ROAD "B11 AND THE _. JUNICTIOiNI AVENUE AT DUB_C)TH STREL.T DRAINAGE AREAS by MAPLEWOOD ENGINEERING DEPARTMENT August, 1976 I herehv certi fy that thi s ' pl an, specification or - report was prepared by me or under my direct _ supervision and that I ars "a duly Registered Professional Engineer under the laws of the State of linnesota Mark A. Johir lion, P. E. Date .. :�, /�� D Re istration No. i CITY 0 V. J MINNI'SUI:1 lt),I DEPARTMENT OF PUBLIC WORKS 777-S131 City Council City of Mapl ewrood Maplewood, Minnesota Gentlemen: 55109 August 5. 1976 Re: Feasibility Study for City Projects 75-5 and 76-1 Storm Sewer for Hazelwood at County Road "B" and the Junction; AYenue at Duluth Street Drai;;uge Areas . Several spot drainage problems have appeared throughout an area generally bounded by Highway 61, Highway 36, Prosperity Road and the So P y o Line traGE.s. The area generally drains well except for problems calked by relatively infrequent, high intensity storms such as occurred in 1975. ' 7 Certain Problem areas caused enough concern for the Councill. to initiate a study for Junction Avenue at Duluth Street and for theubl i c to petition on P p u study for the existing pond (known as Footprint) south of County --Road `�B" and west of Hazelwood Avenue. The study of these areas are combined in this report. As shown on Exhibit I, the Footprint Lake study area comprises the southern 1/3 of the Footprint--Gerten watershed. It is not recommended to install permanent piping north of Highway 36 as many variables exist which can Page 2 August 5, 19/b Feasibility Study for City Projects 75-5 and 76-1 influence the type and layout of future development in the area surrounding the Gerten Pond. It is felt that . i n this case it would be appropriate to complete the last 2/3 of the Footprint-Gerten watershed in stages as development demands. Also on Exhibit I, the Junction Avenue study area is seen to be a small portion of the eastern side of the Keller Lake Watershed. The installations proposed in this study would complete the drainage system for the south-- eastern quadrant of the Highway 61-36 intersection. The study areas are well along towards full development, with the exception of those properties abutting the Burlington Northern tracks and a few scattered vacant, low lying lots. A storm drain system exists in the vicinity of the Keller Lake Shopping Center which outlets through the drainage systems for Highways 61 and 36. Drainage is strictly by way of culverts and overland flow, but appears to function well. A few low spots exist which retain some runoff but which will likely be filled in and paved over in the future. The entire area should be looked at closely at that time as increased runoff rates will be seen. This area was eliminated from the study as it does not affect the proposed Junction Avenue sewer and outfall. The only other drainage system in the study area is the Knucklehead Lake outfall on Lark Avenue west of Hazelwood. The system was designed and built to handle a 100 -year storm for the Knucklehead Lake drainage area and there- fore is not included in this study. Runoff from the area flows through the lower reaches of the proposed system, however, the area is -not included in the recommended assessment area since these people have been assessed previously. I uyu � Feasibility Study for City Projects 75-5 and 76-1 system outlet is the existing 24 -inch pipe under Highway 36 betw English a he Burlington Northern tracks. An inundation a i s needed to drop the peak ra f flow in order to uti l i z e existing pipe. At the time of development and c tructio improvements in the Gerten Pond area, or T.H. 36 upgradi this c sing should be upgraded and the inundation area min* d, thereby not impeding l opmeri t options. Some storage m e kept to help meet those runoff rates allow rom the smaller en Pond drainage area shown in the Maplewood Drainage Plan. RECOMIME11DED PLAN - JUNCTION AVENUE The same theory as discussed for Footprint Lake was followed for Junction Avenue. Only a few individual lots remain undeveloped, therefore the complete system can logically be installed (See Exhibit IV) . One pond and one inundation area is needed to reduce peak outflows into Keller Lake to a reasonable rate. An attempt should be made to use the existing Keller Lake inlet piping just north of County Road "B Much of the area east of Highway 61 such as the Keller Lake Shopping Center and the Keller Golf Course clubhouse combine and cross Highway 61 in that piping. There is an inundation area behind 1147 County Road B adjacent to the shopping center. The area currently acts as an inundation area without an outlet but should have an outlet to protect nearby devel oprnent. The six acre-foot pond is on County land marked as Open Space. Prel i ini nary indications acre that the County would be receptive to construction of'a pond at that location, nnn if -^-r I Aft -i'C CITY PROJECTS 75-5 and 76-1 oot;nri nt Pipe, Manholes, etc. 997,000 Pond Excavation 16500 Street Repairs 8550 0 Turf Restoration 1, 0 Construction Costs 1,19 00 Engr. , Legal, Adm. (15/) 16 00 0 Property Acquisition and Easements 1 0,000 $ 1, 68, 00 Financing (141) 206 , 0 0 Total Project Costs /1,674,00 COST RECOVERY Tse Type Residentia Connie rc i a 1 Rai 1 road s Ramsey County Roads Ramsey County Parks M.H.D. Roads Acreage. Juncti onTotal 5�1 / f t. 2 $ 3555000 $ 1 352,00 55000 21,00 50,000 35,0 0 1.05000 .1, 00 4205000 1,5000 635000 23 000 225000 1 2, 00 $ 505.000 $1, 735 0 711,000 277,0 0 5765000 ,25050U Assessment Rate Total AssE 187.8 5�1 / f t. 2 095000 96 100 /ft.2 $ 4185200 14.7 19 $ 64,000 6.1 Actual Cost $ 705100 Actual Cost $ 81,000 3.4 1 Cost $ 145800 TOTAL ASSESSMENT THEREFORE, CITY COST 1,1,057.,100 (470) $1,192 5 X00 It36 �' 11 SR R HE -_ •- �_ 3•�,,..r-.�••.�.,,,�, ,�; • � . �� %; ��� ice/ - �K C � LE R LAKE - - --� • � _ ` ' !/ �•---- SHOPPING CENTER 1 OPE T/c = 871 Z �• '. .� l��- INV=864___ - CO./1p7 `11 �w��� � �, t'!�" - � r � �' /• _ � •�' s _� ' _..-,...tee":......-�� -� Y�:..��.. �.........�..�y � - ".i � 24 �l �D- - -IT .� �� �� Atom• �""--� - ti - •-- �r.. __ s r. INV = 879 ►- ,; 'L- ^-•� - 8? I H Mrd T/C - 892-- ...__ � f �� /,�-- ' ' 664.5 N `J`� INV =872 _ 36 ►—ti ,— t , ' � ..�� ` j , / f • �/ , • �- � - ,�,csra�a a ��C � '"` � � ; r--- _ �., i LA l�lL L r j 4J1 u cl j >1.�` �� 1 r � is � i i _ _ _.•--' i r � j ♦ ` C) LnVE _ J L2 -j j . 1 E �„� �► ` 900 . �+ t 40, SCALE { � + - --, �- -- . CL list , ..-- L• l J f. 1119 0� rL � l J l U —' i ` r L c A. -R -c )un r - 1 1 sop; op L rL-Dfkl G16011 ..mow ._...., .fr lrM"•+Y./ "�/IM+ Sys+•+�*..•1-a►'4`r'-'�-.......w.-,.. � � - .._1 J ..,., - I^ EASIBILITY STUDY PROJECTS 75-5 81 76-1 EXHIBIT IV JUNCTION AVENUE STUDY AREA �r � �-+1: .r�+sr��s^•�esrssrw�ar�r_ac•�. ;aw�x� :�.ur.1 • r,`.;.�.,.� •.-...- f MEMORANDUM TO: City Manager a FROM: Assistant City Engineer, DATE: October 29, 1981�� .SUBJECT: FROST AVENUE - EAST SHORE DRIVE WATERMAIN IMPROVEMENTS PROJECT NO. 78-9 The Contractor, Larson Excavating, Inc., has completed their contractual work for the above referenced project. In accordance with the contract, the Contractor will furnish a one-year main- tenance guarantee for faulty workmanship and defective materials from the date of final acceptance. The following table summarizes the project costs: Original Contract Amount $88,050.00 Adjustment for payment of Actual Quantities.+ 21084.09 TOTAL COMPLETED WORK $90,134.09 The remaining and final payment to Larson Excavating, Inc. is in the amount of $7,059.30. RECOMMENDATION We herewith recommend that the City Council accept and approve the work and authorize final payment to the Contractor. /mb RESOLUTION ACCEPTING ING WORK AND ORDERING FINAL. PAYMENT WHEREAS, pursuant ursuant to an amended written contract he Cit on October 3, 1980, Larson Excavating, approved by t y as satisfactorily Inc. of Cannon Falls, Minnesota, h e completed Maplewood Improvement Project 78-9 in accordanc with said contract. THEREFORE, BE IT RESOLVED BY THE CITY OF NOW, THER ► ted under said MAPLEWOOD, MINNESOTA. The work completed contract is herebyaccepted and approved, and, BE IT FURTHER RESOLVED: That the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. /mb APPLICATION FOR T'AYNFNT Estimate No* CITY OF APLEWOOD City Improvement No. 78-9 Contractor: Larson ExcavatiM2 Inc. Contract Date: October 3, 1980 Contract for: Frost Avenue and East Shore Drive Izn rovements Application Amounte" Application Date. PP - r r 1 For Period Ending: STATEtiENT OF ACCOUNT Original Contract Amount Total Additions Total Deductions Contract Amount to Date !3 5?14�% �-u. 0�� g S'8,050. cn Total Amount of work n Performed to Date $ `1 �, i '3 `�• C% Material stored on site but not incorporated in work � Gross amount due Less 0 % Retained Amount Due to Date Less :Previous Payments Due This Application s 90, is�l. os s 09LI. e7'� g 2, 059.3D The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the City on account of work performed under the contract referred to above have been applied by the undersigned to dis- charge in full all obligations of the undersigned incurred in connection with work covered by prior application for payment under said contract, being Applications for payment numbered 1 through inclusive; and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this av:pli cation for payment are free and clear of all li ens , claims, security interests and encumbrances.. Dated 19._., ' Contractor By A- eel Name and Title' County of Goodhue State of Minnesota Before sae on this day of 19 personally appeared known to me who being duly sworn, di d depose and say that he is the of the Contractor Office mentioned above; that he executed the above application for payment and statement on behalf of said Contractor; and that all of the statements contained herein are true, correct and complete. N;y Commission expires: —2.- Notary Public 1 RE -WEST FOR PAYMENT DATE Project: Frost Avenue and East Shore Drive Improvements Project No. 78.9 Contractor: Larson Excavating, Inc. 107 East Mill Street Cannon Falls, Minnesota 55009 •tow CONTRACT QUANTITY UNIT ITEM UNIT QUANTITY ITY TO DATE PRICE TOTAL 81' D.I.B. Watermaln Class 52 L.F. 3010 1101.)0 _ r n ., 61, D.I.P. Watermain Class .52 L. F . 530 'y 5 a 9.50 � p, �,• LBS. 415 �1���=� 1.10 t s 7 00 �c? -7 0 6 T ;- irant Leads C153 L.F. 650.00 a ' EACH 9 q -drants y 350.M0 QD • v�V� V _ ,t Gat_, . J a EACH 9 �t `�, U S CJ ' - 6 =* t P la_: •: �.:s EACH 16 1' 2 5 5.00 c 3 �Q' 2 "x� s �. ng Hydrant EACH T ! .350.00 Q , ... __: ��.... ..r► Sewer S.Y. • l0 00 " •• L.F. 1105 S 9,5 ... , _ ;or.�. -:t• ;. �t-:� st.a:-a.211 Dole . • • :- ,= •. ��-� eros t -%venue . c-ff�a.J.. 1 I 4 5000 .� . U 4� .. '�'3 p , .; EACH w. BOY* j • , .. �:, •, - +.. � = Liir �.�::. ic: ~ - y way e...:. . •- ' S.Y. i6 3. � 4 i Ds ;.. �.:,:��r , J gp , `•. -• ••1 .� TONS 33.]. J# . r,.a u ar • `% ♦.i/) �,. 6 1 5 �. a 30.00 �� -e7 *g- � c _. -, •• xt _ .�. TONS 8 3 .� X9.35 50.00qto-_ � 7. � c .1Wekwoing - TONS , *�i r� � iu : ar heda .ng for � . TONS 50 1 © 5 • 00 . ��tunl:,. sus f urb T s..F. e2 X70 L 3:75 • •tow CONTRACT ''QUANTITY UNIT ITEM UNIT QUANTITY TO DATE PRICE TOTAL Bituminous Fixture for driveways- S . Y . 150 ��, Q 15.00 / s C} E Concrete DrivewayPavement S.Y. 97.00 Al1�,1�. �� � ��o, Driveway Rock TONS 32 6.00 (q Qp 00 Sodding Sly* 2165 SG 2.50 Seeding ACRE 3 350.00 1 o t o- C) C5 Seeding with wood fiber a Qom• � U blanket ACRE 2 t 400900 s -z MEMORANDUM TO: City Manager ` FROM: Assistant City Manager DATE: October 29, 1931 SUBJECT: HAZELWOOD STREET - ROADWAY UPGRADING FROM FROST AVENUE TO T.H. 36 MSAS IMPROVEMENTS Hazelwood Street from Frost Avenue to County Road D is designated as a minor collector in the Maplewood Municipal State Aid Street System (MSAS). The MSAS 5 year Capital Improvement Plan schedules the reconstruction of Hazelwood Street in several phases over the next few years. The section of Hazelwood Street that receives the highest volume of traffic is between Frost Avenue and T.H. 36. This section of roadway is in a very deteriorated condition with no formal means of storm water collection. The MSAS Account funds are available to participate in the cost of the roadway and storm sewer improvements. RECOMMENDATIONS In keeping with the general concepts of the MSAS 5 year Capital Improvement Plan and in seeing a need for the im- provement, rovement, we are herewith recommending that the City Council direct the Director of Public Works to authorize the firm of Short -Elliot -Hendrickson, Inc. to prepare a feasibility study for reconstruction of Hazelwood Street.from Frost Avenue to T.H. 36. The study should address the need, project costs and methods of financing for the studied improvements. DJP/mn COUNCIL INITIATED FEASIBILITY WHEREAS, the City Council has determined that it is necessary and expedient that the improvements within the project limits of Hazelwood Street, between Frost Avenue and T.H. 36, by the construction of the roadway, storm sewer and appurtenances 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 improvement as recom- mended, and BE IT FURTHER RESOLVED that the aforesaid work be hereafter referred to as Project No. 81-21. r ;w�l ■w•+1 A i C 0 E F Q N 1 J K L Nat ATMIOTLM LAW..� IN 0 1.foaAls ►fftEsETs 11 ------ - Al,� e MMCWAIIITY OF _ _ MAPLEWOOD -3120--- t00E� EfT T= _ \,�„� 14D NESMA DEPARTUMNTOF HIGHWA _ YS 1 ♦ r - y U.S: DEPARTMENT OF TRANSPORTATION '� E / � ••„• FEDERAL HIGHWAY ADMINLSTRATKM MU 05TAMW AM HM ]POW"M NT TW 2M a - i" l = "•• ` © zeso M. TRANSPORTATION AND TRANSTt -gyp- PLANMNG AND PROGRAN1 IING DIVISION :' "3° •-180arm ST. 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SOVT» +-S tT•0g10 ET. f-{ WT■ tT 2.J•6 •TM AR T t S 1 i� r ;w�l ■w•+1 A i C 0 E F Q N 1 J K L Nat ATMIOTLM LAW..� IN 0 1.foaAls ►fftEsETs 11 ------ - Al,� e MMCWAIIITY OF _ _ MAPLEWOOD -3120--- t00E� EfT T= _ \,�„� 14D NESMA DEPARTUMNTOF HIGHWA _ YS 1 ♦ r - y U.S: DEPARTMENT OF TRANSPORTATION '� E / � ••„• FEDERAL HIGHWAY ADMINLSTRATKM MU 05TAMW AM HM ]POW"M NT TW 2M a - i" l = "•• ` © zeso M. TRANSPORTATION AND TRANSTt -gyp- PLANMNG AND PROGRAN1 IING DIVISION :' "3° •-180arm ST. PAULOFFICE OF .••• = TRANSPORTATION PLANNING + [Icu• to 6 = s.n _ -'•640 N. 3Y trod o Mod 3266 s • • ..ot lt�s 3 NA »..w.Y w� • Tic 1f PROPOSED 3m •- aoo�- ® zoo PROJECT 81-21 « ,� �., IZ '� x r... JOS 240 N. t..: ��- - • LEGEND ..ate 13 1 =_= ...E,,.,/_ -.- �• I6 N. ..... ......,...11.,...11...................� ` �` I ` r R••■.. jy}I�O Y/�.Y■ •' M/«�.�« -:�-= - s•�~ ��'''`..^ _. yrP f"• � �• ...- �w� - •::.;�1r-�_ ` 4 ■M.............. w........... VIAm IwE■•Y...........................li...t .. %. 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RR•.w »-t K CVA ST i -S :"two" •V[. SOVT» +-S tT•0g10 ET. f-{ WT■ tT 2.J•6 •TM AR T t S MEMORANDUM TO: CITY MANAGER FROM: ASSISTANT CITY ENGINEER DATE: OCTOBER 26,19 81 SUBJECT: T.H. 61 FRONTAGE ROAD CONSTRUCTION FROM GERVAIS AVENUE TO COUNTY ROAD "C". PROJECT NO. 80-10 co: 3 The Minnesota Department of Transportation has completed their public hearing process and preliminary studies for the construction of the frontage road along the east side of T . H . 61 from Gervais Avenue to County Road C . - .As requested by the Maplewood City Council, on June 19, 1980, the State has assigned the project to their Cooperative Agreement Program. The Cooperative Agreement Fund will provide financing for approxi. - mately 60% of the proposed roadway costs with the City participating In -the remaining 40%. In order to qualify for the State funding, the City must agree to the following conditions: 1. The City will prepare the detailed construction plans at no cost to Mn/DOT , 2. The construction costs will be prorated between Mn/DOT and the City in accordance with Mn/DOT Frontage Road policy, .3 The City shall provide any additional rights-of-way necessary at no cost to Mn/DOT, 4. The City will let the bids for the project, 5,w Mn/DOT will pay the City 8% of the bid price for contract supervision and inspection and, 6. Upon completion of the project, the entire Frontage Road will be maintained by the City. In conjunction with the frontage road construction, the City should consider extension of sanitary sewer and watermain facilities to serve those properties which are adjacent to the proposed improvement* The costs for the extension of the municipal systems, along with those items of the frontage road construction which the City is anticipated to participate ini are proposed to be assessed against the benefitted properties. RECOMMENDATION We herewith recommend that the City Council authorize -the Director of Public Works to have a feasibility study prepared for the above referenced improvements. The study should address the need, project costs and methods of financing for the subject improvements. 2 womb to .JUI COUNTY RD. C J = J 0 Z W -L= t / 4;r % Oft 40PL _40P SP 4. dOp ---_ .GERVAIS SAVE: H z J Z W Q T. H. 36 ALTERNATIVE No. 2 Project 79-4 / English St. South Of County Rood "C! Scale : Approx. I" = 500' Dote June 21, 1979 r% ,F r� COUNCIL INITIATED FEASIBILITY VMEREAS , the City Council has determined that it is necessary and expedient that the improvements within the project limits of the proposed T.H. 61 Frontage Road by the construction of the roadway, storm sewer, sanitary sewer and watermain be studied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as herein- before 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 improvement as recommended. ?4 MEMORANDUM '' Y To FROM: SUBJECT: LOCATION. APPLICANT: O1 -INERT PROJECT: DATE: City Manager Director of Community Development Special Exception North End of Maplewood Mall Advance - Carter Co., Inc. Homart Development Circus October 15, 1981 SUMMARY OF THE PROPOSAL Anti on b N Request Approval to operate coin operated games and amusements as part of a restaurant. Proposal 10 Refer to the applicant's letter dated October 2, 1981. 2. There would be access to this facility through Powers Department Store and, also, direct to the parking lot. (See floor plan.) 3. The Circus would be open from 10 A.M. to 10 P.M. Monday through Thursday, 10 A.M. to Midnight Friday and Saturday, and Noon to 9 P.M. on Sunday. 4. Exterior signage would be added to the buil-ding. 5. The applicant is proposing to have this facility policed at all times by a private security person or by the Maplewood Police. 6. There is an existing "Circus" at 7577 Brooklyn Boulevard in Brooklyn Park* CONCLUSION Analysis Staff's only concern is this facility has the potential for becoming a hangout for teenagers and adolescents if supervision becomes lax. There should be periodic review of this facility, therefore, to determine if there are any problems. Recommendation - Approval of a special exception for the Circus since the. use doe$ not appear that t would be objectionable to adjacent business. Approval is subject to: 1. Any exterior signage shall be approved by the Community Design Review Board. 2. The applicant shall provide written approval from Homart Development. 3. All required licenses for operation shall be obtained from the City, 4. This permit may be renewed after one year of operation provided there have been no problems caused by the facility. 5. The bumper cars must be equiped with safety devices to guard users from possible injury. 60 Adequate policing must be provided to assure order, as determined by the Public Safety Department. 7. Bike racks and exterior lighting to be installed as required by the Public Safety Department. 8. Applicant should be aware of and enforce Maplewood curfew regulations. w: 2 BACKGROUND d Site Description 1. Location: North end of the Maplewood Mall (second story) . 2. Floor area: 13,700 square feet. 3. Existing use: Vacant. Formerly the Powers Budget Store. _ Surrounding Land Uses Retail development stemming from the Maplewood Mall and the retail shops surrounding the Mall. Past Action 5-1-75: The City Council approved a special exception for Aladdin's Castle inside the Mall with the following conditions: 1. The hours of operation shall be the same as the hours observed by the general Mall stores 2. There shall be no external building or freestanding signs 3. The owner and applicant shall agree to the above conditions in writing. 2-1-79: Council approved a special exception permitting Aladdin's Castle to expand their amusement center with the following conditions: 1. The hours of operation shall be the same as the hours observed by the other Mall stores in general . 2. The applicant shall obtain any licenses for additional machines, as required by the City Clerk's office. I. Owner and applicant agree to the above conditions in writing. 7-2-81: Council approved a special exception for the Pizza Time Theatre at the proposed location subject to the following conditions: 1. Any exterior signage . shall be approved by the Community Design Review Board. 2. The applicant shall provide written approval from Homart Development Corp. 3. All required licenses for operation shall be obtained from the City. 4. This permit may be renewed after one year of operation providing there have been no problems caused by the facility. The Pizza Time Theatre is a similar facility offering amusements as part of a restaurant. r 3 DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan designation: DC, Diversified Center 2. Zoning: BC, Business Commercial 3. Section 907.010 (2.c.) of the Zoning Ordinance requires that -places of amusement may only be permitted when authorized by the lawfully governing .body as a special exception. 4. Approval of any exterior signage must be obtained from the Community Design Review Board. Public Safety 1. If the facility is not properly supervised, there -is the potential for police problems among patrons. 2. The Brooklyn Park Police Chief gave an excellent recommendation on the "Circus" in Brooklyn Park. Enclosed: 1. Location Map 2. Maplewood Mall Map 3. Floor Plan 4. Applicant's Letter dated October 2, 1981 5. Circus Flier 4 �L/ A• now_ t LA (3) B R f k or C*o (4) E. &n k+►_ �'HiTE BEAR LAKE cs' " C (7) kyr`~ 68 (6) k. ems' - �l•M vo Ftp`• -`-ss �) 5) CT. 1 � RIDGE—Jr vn .� fTA!D J LLK Id Lw tm1�PL-[�Llr-e—w �A-$r • (I.) IdA!'S..E LAWL • {3.? C4�i�r--rA AYE- =-- NOR TH ST. '44 UL K0HLi1AW AVE. 40 23 2640 N. RE DuEKLL R0. DEWOUT �. lift AV = Cr�pt� -- AVE.X 1 Q j AVE. t - • SE XT► 1i A VcYAt 2.400 N. 31ANDYIEW11. A 3S IK 4K aR. 00311 N� :RAEN AV RRE w AVE. :. AVE. OPE AVE. .R1C AVE � � LARK 40 • :4 o H J E =RID. Z dr .� FR2 E w' [AVE.jj � N 2 1 ra 0 N. ar it J LOCATION MAP N s�9 a ra s .t- . i • r `^ Wit, i . T '.� �,# . jo . ac• : `� . l � moss— tic -o,-- 's m. - ow O O O T ' is • • .:.,'�...:,, 1 ;'LTJ, ! D M Parcel A ! 1 - ! i j l l t• PROPOSED CIRCUS LOCATION oic - •e•�v.� •'-.� �._., BEAM AVENUE i poi Z • L duo l co EXISTING UTILITIES s l� SHOWN ON STREETS CL ! [ ._.._• is 7 Vf 3 co W N Z ?- W Olt Q Q Z ccrc' N Q mk1F1ff"� fo 71 1 13' .01f t I 1 t i FLOOR PLAN O Advance --Carter Company OPERATORS AND DISTRIBUTORS OF COIN CONTRni i Fn nnnrNimFc 850 DEGATUK AVENUE NORTH, MINNEAPOLIS, MINNESOTA 55427 TELEPHONE 544-5050 October 2, 1981 City of Maplewood, .1902 East County Road B, Maplewood, Minnesota 55109 Attn: Planning Commission and Council of Maplewood Re: Proposal of a family eating and amusement center in the 14,500 square foot store at the north end of Maplewood Mall adjacent to Powers Department Store Gentlemen: The Advance -Carter Company proposes to open a family eating and amusement center similar to an existing operation in the Village North Shopping Center in Brooklyn Park, Minnesota. The center, called CIRCUS, has a 115 seat restaurant, an 18 -hole 11 miniature golf course, a 15 -car bumper car ride and over 100 video and electronic games . The proposed center would be similar in nature, but because of a lesser size, would have a 9 -hole miniature golf course, a large kiddie ride arena, a 125-150 seat restaurant and approximately 100 electronic and video games. We also expect to install, in the restaurant area, and an animated show complete with motion and sound. We have been open in Brooklyn Park for almost two years, and f eel that we have been a real credit to that community, attested to by the Police Department as well as the tenants in the Shopping Center . About nine months ago we had discussed this same proposal with Powers, at which time I invited Marge Ostrom, Jim Emberton and Tom Ecks trand to see our CIRCUS in Brooklyn Park. They can give you f irs t hand information about CIRCUS. I will be happy to meet with the Planning Board or the Council at any time. S-. ncer (yours, Daniel Heilicher DH: aa Encls. ' ��jt F4 ' ' �i �,t $ .:•i. ,� � nfy :y,;y� .p i� k . •'( � � r� _ ' r. �' t � ;s� F �°k c • ix�pi tit � r ���,�, � r A: t a} < ��, i •7. 6 4 V. r� . �'}s�` '.�' .✓�. e s k f s•t� j 14iY� K 'r Because we're the largest indoor family entertainment center in the Northwest we can handle. groups up to 700 people. We'll even customize your party to make it a truly special event. All parties include free invitations, party table cloths, plates, cups, napkins and decorations. Birthday_ cakes available upon request. For information call 560-4422. Reserve your party today. Our special packages make it so easy to plan your party. Just match your choice of food +' •a ;`r'FU T -FSM i 4, . ' •yr y g i',°" �rir kit x� �•rxR s? It}s i•�i�- "4 Ti i ��•et �. ��{ap� �`E '�v S .1 P tZc,i.' �� .i; At � ♦ �' � � i T 4%i �, • , package with the game token K A) Balloon and 4 Tokens package (all of our games are paid r for with tokens). Or, ifou like, V x y e, B) .Bumper Car Ride or Round of Golf and 10 Tokens :R try our Mini Party Package. You { et cake, ice cream and 8 game . C 2 Bumper Car Rides and 12 Tokens g g ) i� `'� 4t ;fid ;t yl tokens for just $2.50 each ; (minimum six people) . Just give D) 2 Bumper Car Rides and 16 Tokens us a call and we'll do the rest! -s y}< E) Round of Golf and 20 Tokens (Prices are per person) f 1) Grilled Cheese Sandwich, French Fries, Beverage & ' "Make Your Own" Sundae. $5,90 5.60 5.00 4.50 3.25 } 2) Hamburger, French Fries, Beverage & "Make Your Own" Sundae. ,..$5.90 5.60 5.00 4.50 3.25 3) Hot Dog, French Fries, Beverage & "Make Your Own" Sundae. $ .90 5.60 5.00 C50 3.25 4) 10" Pizza for 3 Persons, Beverage & "Make Your Own" 'n Sundae.9 :$5.90 5.60 5.00 450 3.25 ;t 5) Hoagie Sandwich, Beverage & "Make Your Own" Sundae. $6.50 6.20 5.60 5.00 I80 6) 10" Pizza for 2 Persons, Beverage & "Make Your Own" Sundae. $6.50 6.20 5.60 5:00 3.80 E 7) Chicken Sandwich, French Fries, Beverage & "Make Your-,- Own" Sundae. $6.50 6.20 5960 5.00 3.80 8) Quarter lb. Hamburger, French Fries, Beverage L & "Make ` Your Own" Sundae. $6.50 6.20 5.60 5000 3.80 { 17r,. ...: .....•: ,. ., Y y..>:. '",., r,.- '�.,A M `.. c ..:.. 5 �.077� A. e t • rte' prices subject to clian(je without notice Il a N CUS it Next time you have an office party, birthday party or any special occasion, give us a call at CIRCUS. CIRCUS is over 22,000 sq. ft. of fun! Under one roof you'll find Bumper cars, Miniature Golf, the latest in Electronic games, Kiddie rides and a delicious fun food restaurant with a "Build Your Own" salad and sundae bar. And remember, at CIRCUS you can plan your Party with confidence because the weather is always great! pioi'�Cars M Open 7 days a week, 10 am to 10 pm, Friday and Saturday until Midnight, Sunday Noon to 9 pm. 77th Ave. Circus 52 73rd °°,�� ✓ N � 694 CIRCUS is located at 7577 Brooklyn Blvd. mile north of R Hwy. 694 on Hwy. 152 560-4422 W C7 W--- y Z O -j CL M D °- coC4)C CC � �a "s /0 -- / &? a- 00/ A. Special Exception - The Circus (Mall) Secretary Olson said the applicant is requesting approval of a special exception to operate coin operated games and amusements as part of a restaurant. Staff is recommending approval as outlined in their report. Commissioner El l efson moved the Planning Commission recommend to the City Council approval of a special exception for the Circus since the use does not appear that it would be objectionable to adjacent business. Approval is subject to 1. Any exterior signage shall be approved by the Community Desi gn Review Board. 2. The applicant shall provide written approval from Homart Development. 3. All required licenses for operation shall be obtained from the City. 4. This permit may be renewed after one year of operation provided there .have been no problems caused by the facility. S. The bumper cars must be equiped with safety devices to guard users from possible* injury. 6. Adequate policing must be provided to assure order, as determined by the Public Safety Department. 7. Bike racks and exterior lighting to be .installed as required by the Public Safety Department, 8. Applicant should be aware of and enforce Maplewood curfew regulations Commissioner Fischer seconded Commissioner Howard moved an amendment to add the following condition: g. The owner and applicant shall agree to the above conditions in writing. Lhai rman Axdahl seconded Ayes - a11. Voting on the motion as amended: Ayes - all, T4: City Manager Y FROM: Director of Community Development SUBJECT: Subdivision Ordinance Revision DATE: October 29, 1981 • Enclosed is a revised subdivision ordinance. This ordinance is based on the recodified version of the subdivision regulations. The major revisions are as follows: 1. Addition of a requirement that new plats must hook up to public water and sewer. (See page 12; Section 1012 - c) 210 Inclusion of extensive language recently adopted by the State legislature 3. Updating requirements to reflect current policy. 4. A section allowing the City to require the clustering of lots to preserve natural features. (See page 10 - 8) Recommendation Approval of the enclosed ordinance Enclosures proposed ordinance current ordi nance ORDINANCE NO. AN ORDINANCE AMENDING THE MAPLEWOOD SUBDIVISION ORDINANCE Chapter 1000 SUBDIVISIONS 1001. PURPOSE; APPLICABILITY. - The City Council of the City of Maple -wood, being aware of the responsibility which it has for the adoption of ordinances, rules, and regulations designed for the protection of health, safety, and general welfare of this community, deems it necessary to provide regulations for the platting and sub,di vi di ng of property within the City of Maplewood which will prevent, as far as possible, the use of land which is not feast bi l e for that purpose, the location of streets where such location does not fit the overall pattern of the City, the9 eneral design of the proposedbui 1 d i ng lots in any platted area which might prevent compliance with the building code, zoning ordinance or other regulations of the City in the future., and to make all subdivision of property conform as nearly as possible with the City's Comprehensive Plan, does hereby order that all sub- divisions ub-divisions planned within the limits of the City of Maplewood shall, in all re- spects, fully comply with the regulations hereinafter set forth in this chapter. This action is taken by the City Council, pursuant to the authority. contained in Minnesota Statutes, Section 462.358, which regulations the City Council deems necessary. (Code 1965, Section 1001.010) 1002. DEFINITIONS. For the purposes of this chapter, the following words, terms, and phrases shall have the following meanings respectively ascribed to them by this Section: Alley. An "alley" is a publ i c right-of-way which affords 'a secondary means of access to abutting property. Boundary lines: "Boundary lines" are lines indicating the bounds or limits of any tract or parcel of land. Building line or setback line: A "building line," also referred to as a "setback line," means the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof, without special permission and approval of the proper authorities. City: "City" means the City of Maplewood, Minnesota. City Council: "City Council" means the City Council of Maplewood, Minnesota. Contour map: A map on which irregularities of land surface are shown by lines connecting points of equal elevations. A contour interval is the vertical height between contour lines. Corner lot: "Corner lot" is a lot within a plat situated at the corner of a block thereof so that it is bounded on two (2) sides by streets. This term applies to any lot within a plat at street intersections and bounded on two (2) sides by streets. 1 Director of Community Development: ment of Maplewood, Minnesota. Means the Director of Community Develop - Director of Public Works: Means the Di rector of Public Works of Maplewood, Minnesota. Designstandards: "Design standards" are the specifications to landowners or subdividers forthe preparation of preliminary plans indicating, among other - -things, the optimum, minimum or maximum dimensions of such features as rights-of-way and blocks, as set .forth in section 1008 of this chapter, Dougl e -frontage lots: "Doubl'e-frontage lots" are those which have a front line abutting on one street and a back or rear line abutting on another street. Easement: An "easement" is a grant by a property owner for the use of a strip of land by the general public, a corporation or certain persons for specific purposes . Final plat: A "final plat" is a map or plan of a subdivision and any accom- panying material, as described in section 1007 of this chapter. Frontage: "Frontage" is the width of a lot or building site measured on the line separating it from a public street or way. Lot: "Lot" is a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. Natural waterway: A "natural waterway" shall mean any natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also means any and all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another. Official controls or controls means ordinances and regulations which control the physical development of the City or any part thereof or any detail there- of and implement the general objectives of the Comprehensive P1 an. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Outl ot: An "outl ot" is any parcel of land designated as an outl of on any plat in the City. Owner: The term "owner" means a person having a vested interest in the pro- perty in question, a purchaser, devisee, or fiduciary, and includes his duly authorized agent or attorney-in-fact, Pedestrian way: A "pedestrian way" is a public or private right-of-way across a block, or providing access within a block, to be used by pedestrians and for the installation of utility lines. 2 s Planning Commission: "Planning Commission" means the Planning Commission of the City of Maplewood, Minnesota. P1 at means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes, Chapter 505 and containing all elements and requirements set forth in applicable city regulations , adopted pursuant to Minnesota Statutes, Section 462.358 and Chapter 505. Preliminary approval means official action taken by the City- on an application to create a subdivision which establishes the ri-ghts and obl-i gations set forth in Minnesota Statutes, Section 462.358 and the applicable subdivision regulation. In accordance with Section 462.358, preliminary approval may be granted only following review and approval of a preliminary plat and other map or drawing establishing, without limitation, fiche number, layout, and ,location of lots, tracts, blocks and parcels to be created, location of streets, roads, utilities and facilities, park and drainage facilities, and lands to be dedicated for public use. Preliminary plan or preliminary plat: plat" is a tentative map or plan of a Section 1005 of this chapter. Reserve strips: "Reserve strips" are from the street right-of-way to form a the public street or thoroughfare, A "preliminary plan" or "preliminary proposed subdivision as described in narrow strips of land usually withheld barrier between certain property and Right-of-way: A "right-of-way" is the land covered by a public road, or other land dedicated for public use or for certain private use, such as land over which a power line passes. Street: A street" is a public or private right-of-way which affords primary access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane or however otherwise designated. Street width: "Street width" is the shortest distance between the lines of lots delineating the street. Subdivision means the separation of an area, parcel or tract of land under single ownership into two (2) or more parcels, tracts, lots or long-term leasehold interests where the creation of the lease -hold interest necessitates the creation of streets, roads or alleys for residential ,commercial , industrial or other use or any combination thereof, except those separations: (1) Where all the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; (2) Creating cemetery lots; (3) Resulting from court orders,or the adjustment of a lot dine by the relocation of a common boundary. 3 Subdivision regulation means an ordinance adopted pursuant to Minnesota Statutes, Section 462.358 regulating the subdivision of land. Thoroughfare: A "thoroughfare" is a public right-of-way with a high degree g 9 9 of traffic continuity and serving as an arterial traffi cway between the various districts of the city. Topography: "Topography" is the detailed description of the =features of a relatively small area and also means the relief features or- surface con- figuration of an area. Zoning: "Zoning" is the reservation of certain specified areas within the city for buildings and structures for certain purposes, with other limit- ations imit- at ons such as height, lot coverage and other stipulated requirements (Code 1965. Section 1002.010; Ord. No.. 482, section 1, 2-21-80) 1003. CONFORMANCE WITH EXISTING CODES AND REGULATIONS .(a) The provisions of this chapter are in addition to and not in replacement of the state building code and the city zoning ordinance. Any provisions of the building code and zoning ordinance relating to platting shall remain in full force and effect, except as they may be contradictory to the provisions hereof, (b) Subdivisions, approved by the city, shall be consistent with the city's ,official controls and Comprehen,s i ve Plan. (Code 1965, section 1003.010) 1004. APPLICABILITY. (a) No conveyance of land to which the subdivision regulations are applicable shall be filed or recorded. If the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described: (1) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later; or (2) Was the subject of a written agreement to convey entered into prior to such time; or (3) Was a separate parcel of not less than two and one-half (2 1/2) acres in area and one hundred fifty (150) feet in width on January 1, 1966; or (4) Was a separate parcel of not less than five (5) acres in area and Three hundred (300) feet in width on July 1, 1980; or (5) Is a single parcel of commercial or industrial land -of not less than twenty (20) acres and having a width of not less than five hundred (500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than twenty (20) acres in area or five hundred (500) feet in width. 4 (b) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. The city may enjoin such conveyance or may recover such penalty by a civil action in any court of compezen-c jurisdiction. 1005. PRELIMINARY PLAT PROCEDURE. (a) Before dividing any tract of land into four (4) or more lots, a sub- divider shall submit a preliminary plat application to the Director of Community Development. The Director of Community Development shall determine the necessary application requirements and state them on a written form to be made available to the public at his office. (b) Upon submission of a preliminary plat for approval by the City Council, the owner or developer shall be required to pay a fee to defray- the expenses incurred by the city in having the plat reviewed in all particulars. The amount of fee to be paid for such review shall be imposed, set, established and fixed by the City Council, by resolution, from time to time, and shall be paid by the owner or developer to the Director of Community Development before the city actually undertakes consideration of the preliminary plat. (c) The Director of Community Development shall deliver to the City Treasurer for deposit any moneys received as fees herein required with each pre- liminary re- 1iminary plan. The Treasurer shall credit same to the general fund of the city. All moneys so received shall be used to defray the expenses of processing the application, The Director of Community Development shall prepare a report and recommendation. This report shall then be forwarded to the Planning Commission. The Planning Commission shall forward a recommendation to the City Council. The City Council shall hold a public hearing on the application. The hearing shall be held following publication of notice of the time and place thereof in the official news- paper at least ten (10) days before the day of hearing. The applicant, property owner, and all other property owners within two hundred (200) feet of the property to be subdivided shall be notified by mail at least ten (10) days before the day of the hearing. A subdivision application shall be preliminarily approved or disapproved within one hundred twenty (120) days following delivery of an application completed in compliance with the city ordinance by the applicant to the city, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the city do not apply is pre- sented to the city, the City Clerk shall within ten (10) days certify that the subdivision regulations of the city do not apply to the particular division. If the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the city shall execute a certificate to that effect. A (d) Following preliminary approval the applicant may request final approval by the city, and upon such request the city shall 1 certify final approval within sixty (60) days if the applicant has complied with all conditions and requirements of applicable regulations and all conditions and require- ments upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assuring performance. If the city fails to certify final approval as so required, and if the applicant has complied with all conditions and requirements, the application shall be deemed finally approved, and upn demand the city shall execute a certificate to that effect. After final -approval a sub- division may be filed or recorded. (e) For one year following preliminary approval and for two (2) years following final approval, unless the subdivider and the city agree otherwise, no amendment to a Comprehensive Plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or platting 'required or permitted by the approved application. Thereafter, pursuant to its regulations, the city may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new appl i ca.ti on, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, the city may by resolution and agreement grant the rights referred to herein for such periods of time longer than two (2) years which it determines to be reasonable and appropriate. (f) A person conveying a new parcel of land which, or the plat for which, has not previously been filed or recorded, and which is part of or would constitute a subdivision to which adopted city subdivision regulations apply, shall attach to the instrument of conveyance either: (1) record- able certification by the City Clerk that the subdivision regulations do not apply, or that the subdivision has been approved by the City Council, or that the restrictions on the division of taxes and filing and recording have been waived by resolution of the City Council because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or (2) a statement which names and identifies the location of the appropriate city offices and advises the grantee that city subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that division of taxes and the filing or recording of the conveyance may be prohibited without prior recordable certification of approval, nonappl i cabi 1 i ty, or waiver from the city. In any action commenced by a buyer of such a parcel against the seller thereof, the mis- representation is- representation of or the failure to disclose material facts in accordance with this subdivision shall be grounds for damages. If the buyer establishes his right to damages, a district court hearing the matter may in its discretion also award to the buyer an amount sufficient to pay all or any part of the cost incurred in maintaining the action, in- cluding reasonable attorney fees, and an amount for punitive damages not exceeding five (5) percent of the purchase price of the _ l and . C:1 1006. QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT, (a) The Planning Commission may recommend and the City Council may require such changes or revisions of a preliminary plan submitted under this chapter as deemed necessary for the health, safety, general welfare and convenience of the city. (b) The approval of a preliminary plat by the Planning Commi ski on and the City Council under this chapter is tentative only,' i nvol vi ng merely the general acceptability of the layout as submitted. (c) Before any preliminary plan is approved by the City Council under this chapter, the information furnished with said plan must show conclusively that the area proposed to be subdivided is drainable and that the land is of such nature as to make its intended use practical and feasible. If these features are not apparent, the owner shall be required to enter into an agreement guaranteeing that all adverse conditions will be corrected and that drainage will be accomplished in a satisfactory manner. The final decision in this matter shall be made by the City Council acting upon the advice and recommendation of its engineer and other authorized representative. (d) The City Council may condition its approval on the construction and installation. of fully operational sewers, streets, electric, gas, drainage, and water facilities, and similar uti1ities and improvements or, in lieu thereof, on the receipt by the city of a cash deposit, certified check, or irrevocable letter of credit in an amount and with surety and conditions sufficient to assure the city that the utilities and improvements will be constructed or instal 1 ed according to the speci fi cati ons of the city, The City Council may condition its approval on compliance with other requirements reasonably related to the provisions of these regulations and to execute development contracts embodying the terms and conditions of approval. The city may enforce such agreements and conditions by appropriate legal and equitable remedies, (e) The City Council may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserve for public use as streets, roads, sewers, -electric, gas and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improve- ments. (f) The city may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, play- grounds, trails or open space; provided that: (1) The city may choose to accept an amount in cash from the applicant for part or all of the portion requi red to be dedicated to such public uses or purposes based on the city's park availability charge; (2) Any cash payments received shall be placed in a special fund by the city used only for the purposes for which the money was obtained; (3) In establishing the reasonable portion to be dedicated, the Ci ty Council may consider the open space, park, recreational or common areas and faci 1 i ties which the -applicant proposes to reserve for the subdivision; and 7 (4) The city reasonably determines that it will need to acquire that portion of land for the purposes stated in this subsection as a result of the approval of the subdivision (Code 1965,section 1004.020) (5) Within the legal boundaries of the City's designated Critical Area the City Council may require dedication for .public open space or scenic easement, bl uffl ands which are 18 percent or greater in slope and which are in direct drainage to the Mississippi -,River Bluffs or Fish Creek, The City Council may release the developer in part or in total from a park dedication fee in lieu of the value of the above dedicated bl uffl ands . (Amended from Ord. 503, 5-21-81) 1007, NECESSARY DATA FOR FINAL PLAT. r The final plat required by this chapter shall be prepared by a registered land surveyor and shall conform to all state and county requirements and the provisions of this section. All information required on the final plat application provided by the Director of Community Development shall be shown on the final plat (Code 1965, Section 1004.050) 1008. MINIMUM SUBDIVISION DESIGN STANDARDS. (a) A proposed subdivision under this chapter shall meet the minimum sub- division design standards set forth in this section. (b) Streets: (1) Street plan. The arrangement, character, extent, width, and location of all streets shall conform to standards for street construction on file in the office of the Director of Public Works, i ncl udi ng relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of storm water, to public convenience and safety and in their -appropriate relation to the proposed uses of the area to be served. No full -width street shall be less than sixty (b0) feet wide. (2) Half -width streets. The use of half -width streets shall be pro- hibited, except where essential ' to the reasonable development of the subdivision in conformity with the other requirements of these regulations and the overall plan of the neighborhood in which the plat is situated. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within .such tract. (3) Cul-de-sacs. Cul-de-sacs, when used, shall be held to as short a distance as possible between the origin or main street and the end of the cul-de-sac. In no case shall cul-de-sacs exceed 1000 feet in length, unless no other alternative is possible. Each cul-de- sac shall have a terminus of nearly circular shape with a minimum diameter of one hundred (100) feet. (4) Reserve strips. Privately -owned reserve strips controlling access to -streets . are prohibited. Publicly -owned reserve #rips may be required by the City Council, where necessary to assure equitable payment for streets. (c) Blocks: (1) Length. The length of any block in a subdivision shall be no more than one thousand three hundred twenty (1,320) feet. (2) Cross -walks and alleys. The use of cross -walks through any block or the placing of alleys in any block is to be permitted—only when absolutely necessary in the opinion of the City Council. (d) Alleys and pedestrian ways: (1) Alleys. Where permitted by the City Council, alleys shall be at least twenty (20) feet wide in residential areas and at least twenty-four (24) feet wide in commercial areas. The City Council may require alleys in commercial areas where adequate off-street loading space is not available. (2) Pedestrian ways. Pedestrian ways, where permitted, shall be at least fifteen (15) feet wide.. (e) Easements: (1) Utility easements: Easements at least twelve (12) feet wide, centered on rear lot lines, shall be provided for utilities, where necessary. They shall have continuity of alignment from block to block., and at deflection points, easements for pole -line anchors shall be provided. (2) Drainage easements. Where a subdivision is traversed by a watercourse, drai nageway, channel or stream, there shall be provided a storm -water easement or drainage right-of-way conforming substantially with the lines of such watercourses, together with such further width or construction, or both, as will be adquate forthe storm -water drainage of the area. The persons making proposing and submitting such plat shall present figures and data to indicate whether and to what extent storm -water runoff will be increased in rate and volume by reason of improvement of 'the lands lying within the plat, whether improve- ment is to take place immediately or at some future date, and, if on the basis of such data it appears that rate or volume will be sub- stantially increased, the persons proposing and making such plat shall produce and supply whatever agreements are necessary in the opinion of the City Engineer and the City Attorney to authorize such increased flow onto adjoining private lands, (f) Lots: (1) Single-family generally. The minimum lot dimensions in subdivisions designated for single-family detached dwelling developments shall be: a. Seventy-five (75) feet wide at the established building setback _ line and on outside street curvatures; b. Not less than sixty (60) feet at the front lot lfne,except that lots located along the outside curves of curvilinear streets or on the bulbs of cul-de-sacs shall be no less than forty (40) feet in width at the front lot line. c. Not less than ten thousand (10,000) square feet in area; and d. Not less than seven thousand five hundred (7,500) square feet in area i f designated as Rm, Medium Density Residential on the city land use plan. (2) Single-family corner. The minimum corner lot dimensions for single- family detached dwelling developments where permittedunderthe zoning ordinance shall be: a. One hundred (100) feet wide at the established building setback line; b. Not less than one hundred (100) feet in depth; and c. Not less than ten thousand (10,000) square feet in area. (3) Rear lot lines. The minimum dimensions at the rear lot line of any lot shall be thirty (30) feet. (4) Location. .All lots shall abut on a publicly dedicated and maintained street. (5) Side lot lines. Side lines of lots shall be substantially at right angles or radial to the street line, (6) Doubl e -frontage lots. Doubl e -frontage lots shall not be permitted, except where topographi c or other conditions render subdividing other- wise unreasonable. Such double -frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for a protective plant -screen along the back lot line, (J) Watercourses. Lots abutting upon a watercourse, drainage way, channel or stream shall have an additional depth or width, as required, to assure house sites that are not subject to flooding. Minimum lot areas shall not include drainage easements, (8) Natural or historic resources. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions, which if preserved will add attractiveness and value to the proposed development. The .City Council may require the clustering of lots, such as with a PUD, to preserve natural features. .(9) Double dwellings. The minimum lot dimensions on parcels designated for double dwellings shall be: a. Seventy-five (75) feet wide at the established building setback - line; and b. Twelve thousand (12,000) square feet in area. (10) Setback 1 i nes. A setback 1 i ne shat 1 be shown on each 1 of i n every subdivision recorded for property in the city. This line shal 1 be at least thirty (30) feet from the property line and shall be contin- uous within each entire block. (11) Outl ots . No building permit will be issued for construction upon any lot designated as an outl of upon any plat, except by -special use permit pursuant to article V of Chapter 36 of this Code. (Code 1965, sections 1005.0109 1005-02091006.00 - 1006.090; Ordinance No. 442A section 1, 5-18-78; Ordinance No. 472, section 1, 7-5-79; Ordinance No. 481, section 1, 2-21-80) 1009. SOIL TESTS. The City Council may require soil tests prior to the final approval of any plat. These soil tests shall consist of test holes to a depth necessary to determine the various types of soil to be encountered before reaching a stable base. Such test holes, when ordered by the city authorities, shall be drilled at the expense of the owner or developer. The information disclosed shall be furnished to the City Council, together with a copy of the proposed plat showing the location of each test hole. The information required by the City Council shall include a report as to tine various types of soil encountered and their depths, the level of the groundwater, a seepage test and may include additional information. The number of test holes to be drilled and their location on the property which is to be platted will be as directed by the City Council or its authorized proposed representati ve. In questionable cases, the owner shall be required to furnish to the City Council a report from a recognized engineering laboratory as to the safety and practicability of the use of the area for building construction. (Code 1965, section 1004.060). 1010. RESIDEfVTIAL ZONING UNLESS OTHERWISE SPECIFICALLY REQUESTED. Unless a specific request is received with the final plat for the zoning of the property or parts of the property therein into other classifications described in the zoning ordinance of the city, the City Council shall immediately, upon the recording of such plat, proceed to rezone all of the property in the platted area as R-1 Residence District (Single Dwelling) property. It is further provided that requirements -for -altering zoning- cl ass i f i ca ti ons , as provided in the zoning code of the City, is hereby waived with respect to such recently platted area. (Code 1965, section 1004.070) 1011, VARIATIONS AND EXCEPTIONS. The Planning Commission may recommend variations from the requirements of this chapter in specific cases which, in its opinion, do not affect the general plan or the intent of this chapter. Such recommendations shall be communicated to the Council in writing, sustanti ati ng the recommended variations. The Council may approve variations from the requirements of this chapter . i n =speci f i c cases which, in its opinion, do not adversely affect the plan and spm t of this chapter (Code 1965, section 1008.010) 11 101 2v IMPROVEMENTS- GENERALLY. (a) The minimum necessary required land improvements within the dedicated street rights-of-way in new final plats shall include: (1) Sanitary sewer facilities (2) Public water facilities (3) Storm sewer facilities (4) Street, curb and gutter (5) Street luminaries (6) Boulevard turf establishment (7) Street tree installation (8) Street identification and traffic control signs (b) All utilities shall be provided underground. (c) Water and -sanitary sewer lines must be connected to the municipal system. The City Council may choose not to extend the municipal system where such extension is found to be unfeasible, impractical, or premature. (d) No final plat shall be approved by the City Council without first re- ceiving a report signed by the City Engineer certifying that the improve- ments and construction of the land and streets,, together with all other necessary facilities in the plat have been completed or satisfactorily arranged for in accordance with provisions of the city regulations for land improvement and construction. Before a final plat is approved by the City Council, the owner and subdivider of the land covered by said plat shall execute and submit to the City Council an agreement, which shall be binding on his heirs, personal representatives and assigns, stipulating that he will not cause private construction to be made on any lots in said plat, or file, or cause to be filed,, any applications for building permits for such construction on such lots, until all improvements required under the city regulations for street construction have been made, or arranged for, in the manner provided herein and in chapter 29 of this Code. (Code 1965, section 1007.020) . 1073. SAME -COMPLIANCE PREREQUISITE FOR ISSUANCE OF BUILDING PERHtITS. No building permit shall be issued for the construction of any building, structure or improvement to the land or any lot within a subdivision which has been approved for platting, until all requirements of this chapter and all provisions of this Code for street construction and land improvements have been complied with in -full. (Code 1965, section 1007.030) 1014. LOT DIVISIONS. (a) For the purposes of this section, a lot division is defined as the division of a tract of land into two (2) or three (3) lots. 12 t (b) The Director of Community Development may approve or cause to be modified plans for a lot division. The Director must first determine, however, that the plans meet all city ordinances and policies, and that the proposal would not have an adverse impact on the subject property or surrounding .properties. If the Director makes a negative determination and the appli- cant ppli- cant wishes to appeal the decision, the case shall be sent to the C i.ty Council for action. (Ordinance No. 459, section 1004.090; 2-1-79) . 1015. LOT SPLITS FOR DOUBLE BUNGALOWS, _ (a) If the conditions of this section are met,: a 1 o t occupied by a - doubl e bungalow may be split along- the party wall to allow for individual owner- ship of each unit. The newly created lots shall each, therefore, be exempt from the minimum lot width and area requirements of this Code, but a minimum combined area of twelve thousand (12,000) square feet shall still be required for the resulting lots. (b) All of the following conditions must be met before a lot split described in subsection (a) of this section may be approved: (1) The property and structure must be able to be easily split into two (2) substantially equal sections. (2) The structure must meet current building code standards for fire wall separation. This may be added to an existing unit. (3) Separate utility services must be provided. (4) Deed restrictions shall be recorded with the property requiring that the structure shall have a uniform exterior appearance in terms of color, design and maintenance. (5) Deed restrictions shall be recorded with -the property that if one unit is burned or destroyed, it shall be reconstructed in a uniform appearance, and if both units are burned or destroyed, minimum lot widths shall then prevail for a single -dwelling home. A double dwelling may be rebuilt meeting the original conditions of this section. (6) Any disputes shall be submitted to binding arbitration according to the rules of the Minnesota arbitration association. (7) Any other conditions shall be imposed that City Council deems necessary to assure compatibility with surrounding structures or to assure a reasonable division of property. (Ordinance No. 442A, subdivision 1, 5-18-78) Passed by the Council of the C-ty of Maplewood this day of 19 Attest: Clerk Mayor Ayes - Nays - PLATTING CODE s �% Chapter - Page 10010 Generaloo000ccDOD cuccoo*oooO000oc000o00oo0o0oo000000.00coc0000000o0coo* oc.171 1002. Defi.nitionsuoccooaO000000cccaoaDODO O'ooc,,000a000occoo 0000Doa000000aecc.o..c171 1003. Conformanceo0000o000*000a0a0a0000a00000000000000a0a0000000000a0a000000000173 1004- Pl a t s J 0 0 0* 0 0 0 0 0 0 O O O O O O o 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O 0 0 c O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0.0 0 0 17 3 10050 Lot Requirements. 0 0 0 0 0 0 0 0 O o 0 0 L 0 0 0 0 0 O 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0.0 0 0 0 0 0 O.0 0 0 0 6r 0 0 0 0 0 178 A06Streets and EasementsocoOoo0o00000 00000000000coo•00000000000a000O00000o1?9 1007- Cons obi i cti on and Improvements,,... ODD* OO Do O ova 00DOD000000000 0000 00 4 v 0 0 0 00181 1008. Var.- anCes and Validity* 00000a00000VOOOD000o00c0`*o000o0o.Oo*OWocoo 0a0181 1001c GENERAL 1001 o OlOo PURPOSE AND JURISDICTION. The Village Council of the Village of Maplewood being aware of the responsibility which they have for the adoption of ordinances g rules and reg+. l ations designed for the protection of health, safety and general Welfare of this comm,mity, deem it necessary to provide regulations for the platting and subdividing of property within the Village of Maplewood which Wi_11 pre- ven -, as far as pos8{ble9 the use of land which &s not feasible for this purpose, the location of streets where euch location does not fit the overall pattern of the Village9 the general design of the proposed buylding lots in any platted area which moment prevent compliance with the building code, zoning ordinance or other regala- tions of the Village in the future, and to crake all subdivision of property conform as nearly as poseible With a future overall plan9 does hereby order that all sub- divisions ub- divisions hereafter planned. within the limits of the Village of . Maplewood shall, in all respects, fully comply With the regulations hereinafter set forth. This action is taken by the Village Council pl:.r-suant to the authority contained in Minnesota Statu.tass Chs ter -168.01 as amended, which regulations the Villag: Council deema necesea:ryo (Sources Ord 390) 1002c DEFINITIONS 100200100 For the parpose of Chspt era 1001 through 1008, certain words and terms are: hereby defined as follows s SUBDIVISION or plat is a parcel of land divided into smaller parts such as blocks or lots, also means a tract of land which is redivided anew of ter first division. - - RIGHT OF WAY is the land covered by a public road or other land dedicated for public uee or for certain private use such as land over which =a power line passeso BOUNDARY LINES are lines indicating the bounds or limits of any tract or pa ro el of land. TOPOGRAPHY is the detailed description of the features of a relatively small area 9 also the relief features or slarfaoe configuration of an area. -171- PLATTING CODE CONTOUR MAP. A map on which irreLral ari ti es of land surface are shown by lines connecting points of equal eievations. Contour interval is the vertical height bei tween contour lines. BUILDING LINE also referred to as Setback l:.ne means the line beyond which property ow-ners or others have no 'Legal or vested ri ght to extend a building or any part thereof without special permi s: i on and approval of the proper author i ti eso FRONTAGE is the width of a lot or building site measured on the line separa- ting it from a publ i.c e treet or way. NATURAL WATER WAY as mentioned in this code shall wean any natural passage- way in the surface of the earth so situated and hav;ng such a topographical nature that surface water flows through it from other areas before reaching a final pond- ing area. The term also means to include any and all drainage structures that have teen constructed. or placed for the purpose of Conducting water from one place to another. OWNER includee his duly authorized agent or attorney in fact, a purchaser, devisee, fid-aci,ary and a person having a vested interest in the property in ques- tion. ZONING is the reservation of certain specified areas within the municipality for buildings and structures for cer taro purposes with other limitations such as height, lot cover age and other stipul atsd requirements. CORNER LOT is the lot or lots wi thin a plat and situated at the corners thereof so that they are bounded on two sides by streets This term applies to any lot with- in the pia t at street intersections and bounded on two sides by str-eetso OUT -LOTS are those w h are so si tuated within the boundaries of a block that l'street. the suede ine coinc.�� des with ba . e_s _0.f of or to facing �ano�ther � DOUBLE FRONTAGE LOTS are those which have a front line abutting on one street and a back or rear line abutting on another streete RESERVE STRIPS are narrow strips of land usually withheld from the street right of way to form a barrier between certain property and the public street or thoroughfare. LOT is a portion of a subdivision or other parcel of land intended for build- ing development or for transfer of ownership. DESIGN STANDARDS are the specifications to landowners or subdividers for the preparation of preliminary plans ind.icat; ng among other things the optimum, minimum, or maximum dimensions of such featuree as rights of Rags and blocks, as set forth in Section 1004.010. (a). PRELIMINARY PLANS is a tentative map or plan of a proposed subdivision as described in Chapter 1004. FINAL PLAT is s map or plan of a subdivision and any accompanying material, as described in Section 1004.050. STREET is a public or private right of gray which affords primary access by _17?_ PLATTING CODE ' pedeetrians and vehicles to abutting properties, whether deeignated as a street, to avenue, hi.ghway9 road, boulevard, lane, or however otherwise desi gnatedv ,. Street width is the shortest dietance between 11nes of lotselineati.ng the a street. Ei F' THOROUGHFARE is a public r,ght of ray with a high degree of traffic continuity '= and -serving as an arterial traff i eway betwe qn the various districts of the Village of Maplewoodo ALLEY is a public right of way which affords a secondary means of access to abutting property. PEDESTRIAN WAY is a public or private right of way across a block or pno- viding access within a block, to be used by pedestrians and for the installation of utility lines. E.ASE25NT is a grant by a property owner for the use of a strip of land by the general public, a corporations or a certain person or persons, for a specific pi.)rpoee or p-sposes. VILLAGE is 'the village of Maplewood, MA.nnesota. VILLAGE COUNCIL is the Village Col:ncil of Maplewood, Minnesota. . PLANNING COYMISSION is the Planning Comm-fsallon of the village of Mapesewood9 Minnesota. CLERK is the Village Clerk of the Village of Maplewood, Minnesota. (Souroet, Ord* 39 0 ) 1003o CONFORMANCE 1001�oG1.09 CONFORMANCE WITH EXISTING CODES AND REGULATIONS. T�heprovisions of this ordinance are in add; tion to and not in replacement of the prove sons of the exist=rig village bu±lding code and the existing zoning ordinance. Any pro - visions, of sated budding Code and zoning ordinance relating to platting shall remain in full force and effect except as they may be oontradi ctory to the pro- visions he+ eof o (Sources Ord. 390) 10049 PLAT qi;j • 1004oOlOo -PRELDONARY PLAT. Before dividing any tract of land into two or more lots or parcels,, an owner or subdivider shall subai t four copies of.a preliminary plat. The pr 1iminary plat or plan shall include the following data g (a) Identification and eacriptio (1) Proposed name oubd3 on, which name shall not duplicate the name of plat theret re recorded. in the aountyo • -173- PLATTING CODE ( ) Location by aectionj town and range, or by other lkgal description. (63 Names and addresses of the owner or ovmere, inc �di.ng mortgages or other parties having a recorded interest int lands included in aid plat. Also the designer of the plan, th surveyor and the s b -divider or developer. (4) Gra hic (engineering) scaly not lase than one inch to one hundred feet. (5) North point (designated as true north) (6) Date of arationo P re P (b) Existing Cond tions (1) Boundary 1 ne of proposed subd ieion, clearly indicated*• (2) Existing zon ng classificati o (3) Total approxi to acreage n said plan. (4) Location, Width and nam a of all existing or previously platted streets or other ublic %rays, showing types of improvement, if any, railroad and util ty r�ighta of �ra�y, parka, end other public open spaces, permanent uiddinge and structures, assementa, and section and corporate lines ithi.n the tract and to a distance of one hundred feet beyond, e tract. (5) Location and size/of e� sting sewers, watermains, culverts or other underground facilities'thin the tract and to a distance of one hundred feet bgond the act. Such data as grades, invert eleva- tions, and to ations of catch basins, manholes and hydrants. (6)Boundart' li es of adjoining subdi i ded or subdivided land, pith in one hunc}/red feet of propo d plat. (7) Topograp c data, including co tours at vertical intervals of not more tha two feet, except that contour lines shall be no more than one hun red feet apart horizontn ly. Water courses showing courses and di ectfons of storm -Water run offs marshes, rock outcrops and other ignificant features shall b shown. (8) Information shall be included as to -surface ground Rater levels, part aularly if ground water exists a less than 15 feet below the aur ace and such inforn►ation shall con in a statement as to whether _ or of the person proposing said plat, o any agent of his, has or - hg not made such tests as would be necsa ary to determine existence afid depth of ground water. (o) 3ubdivieioa Design Features (1 Layout of streets, showing rift of way widthsd names of streets. The name of any street heretofore used 1n the V lags or its en8-w shall not be used, unless the proposed et et is an extension of an already named street, in which event the name shall be used. -174- PLATTING CODE (2) Location and widths of utility easementso t3) Indic tion of the proFosad storm water runoff ,r�u:gb tis a of arrows or note . C4) Layout, n�a Ars and typ�.cal d':mensi ons 4l lots to the nearest foot. (5) M�i.n:.�r-�m front nd slde-street b�;.z idi.ng setback lines rai�:.at-ins dim:ens�.ons of s e. _. (6) Areas, other then. tr. gilts, 8��1i.ty easemdr,t.s9 in: -ende3 to be dedicate3 or retie eve for p--�i.c use o in�� lud�.ng the s l z � of sL h area or areas 9 in 80: a a (d) Upon submission of a pr el im • a plat- f c r approval by ' th e Village Council. the owner or developer. sh 1 be -equ.ired to pay a fee to defray the ez- penses inourred by the ill.age i.r_ av-i.ng its engineer rev. ew the plat .m in all particulars. a aoimt of ee to be raid for such engineering r evi.ew shall be a. ount eq,.To on and one-half (1j) times the eyf.+IIr-ated cost of m�king elich eng� neer_ g review and study. This estimated Cost PhAll be dGte►:�c:nes by th Vzlla e � 'neer and shall be paid by the wner or aa� : _ Fear to the lege Clerk teforA the Village actually under akes can. JA dera1 ion of tyle pre i mii.na:y plat, 1004 o 02 0r, QUA., IFI CATI ONS GOVERNING APPROVAL OF PREL IMM A.RY PLAT (a) The Planning Commission may recommend and. the Village Council may require such Changes or revis-i ons as deemed necessary for the health, eaf ety, general welfare and convenience of the Village. (b) The approval of a preliminary plan by the Pl amnirg Commission ar6 the Village Council is tentative only, involving merely the gene.-ral a _ .ept- ability of the layout as submitted. (c) Before any preliminary plan is approved by the Village Ooun c it , the information furnished with said plan mist show conclusilvely that. the area proposed to be subdiv1 ded is drainable and that the land is of such nature as to make its intended use practical and f easl.bl eo If these features are not apparent 9 the owner shall be required to enter into an agreement guars -steel -ng that all. adverse condi tons will be corrected and that drainage Will Ie accomplished in a satd sfactory r manner. The final decision in this matter shall be -made by the Village Council acting upon the advice and recommendation of its Engineer or other authorized representative. 1004„ 0300 PRELIMINARY PLAN APPROVAL. Approval of a preliat�i.nary len shall F be null and void unless within ninety (90) days after receiving the last required • approval of the preliminary plan, there shall be eubmi tted to the C1 erk of the Village a final plat or plats in accordance with the conditions upon which such • approval was granted by the Council. 1004.0400 F1NAL PLATS. within n+.nety (90) days from the ti.tne that the pre- -175r" PLATTING CODE Liminary plat is approved by the V1111age Courc;.1, the developer snail subm�! t for approval a copy of the final F_.at which i.s to to rec-orded. At the same t' me fo-ar (4) prints of sa .d plat shall be f..rnA shed 40 th* V.11 l agt for Vi i la7g-e rec o. d � and purposes. _ ' 1004 o 010 c NECESSARY DATA FOR FINAL PLAT _ (a) Genera-..-. All &.nfo,mat-ion, Except topcgi-aph.Lc, data and zoning class:f:Acations re- +Eq��i re3 on ere Frel� �I h1 an ehaa 1 be acc>>rat•ely ehc•wn, (b) AdA t.1,-sna 1 De' i.ra ea ti on (1) Accu -orate ang,:lar and linea' d�irienLions for all 11nes9 angles, and curvatures used to dEsczibe bo-andar-: e?, a#rEetL, easement,q, areas to be reserved for Futl c use 9 and other important features. Lot linea to show djmens_.ons ;n feet and hDndredths. (2) An ideriti f -J Cati on system for all lots and blocks., (�) True angles and disiancss to the nearest establ3 eked et.reet line or official monimie►nts (nct 1 ess than two), which shall be acclsrate.y described in the plata (4) MI.�ni.ciFsal , townsh: F, co-anty or sect -4 on lines 'accurately tied 'to 'the lines of the slabdivi el on by d,;& -stances and angles. (5) Radii, internal angles, points and curva tvr es , and l engt ha= of a2l. arcs . (6) Accurate location of all m.onur-sn t s . Pipes or steel- rod: sea' " be. pl aced at the corners of each l of and at each inter; ecl -ion c( _ : rest centerlines. (7) Ace -crate outlines9 legal deecriptior_s of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the s1�bd4,vl s .on with the purposes indicated therein. (8) Certificat{ ons by a regi st-ered land siirveyor, to the eff eot that, the plat represents a survey made by h m and that. mo.nNumer_ts and markers shown thereon exist, ae looatel and that all dimensional and geodetic details are correct. " (9) Notarized certificatf on by owners and by any mortgage holder of record, of the adoption of the Flat and the dedication of streets and other prablic areas. = (10) Approval by signature of Village and County officials concerned with the approval of the plat. � (11) Form for approval of the V1.11ags Council as Pollowas Approved by the Pillage Council of the Village of -176_ PLATTING CODE Maplewood, this d ay of 19 _.Q S; gn ad =- Village Clerx - 1004 t 060. SOIL TESTS. . The Villa&e Council may regvi.re soil testa prior i the final approval of any plat. Tnee a soi i tests shall consist of test hot es to a depth necessary to determine the various types of soil to be encountered before reaching a s+ -able base. Such t;ct roles when ordered by the Village authorities, shall be dri.11 ed at the expanse of the owiler os Qsveloper and the. "information dis- closed is-closed shall be furnished to the Village Council together With a copy of the pro- posed plat showing the location of each test holec. Tte information requirsd by the V llage Cou-ncil shall include a report- as to the various types of soil Encounter. ed and their depths, the level of the ground water and a seepage test and may in - elude additional information. The number of test. holes to be drilled and their loca- tion on the property which is proposed to be putted will by as directed by the Village Council or their authorized representative., In questionable cases9 the owner shall be required to furnish to the Village Colincil a report from a recogni zeal engineering laboratory as to the safety and pea^ticab.Jlity of the use of the area for building construction, including the feasibility for installation of sewage facili ties o 1004.070. ZONING Unl ees a specific request is received with the final Fiat for zoning of the property or parts of the proFar fy in"'Lo other classifications deco crited in the zoning ordinance of the Vj llage, the V ►:11age Council shall i.mmedi at e1y, upon the recording of such plat, proceed to rezone all of the property in the platted area as residential property. It is further provided that requirement -s for alterrng zonj ng claseif i.oation as provided n the zon;.ng code of the Village of Map; aur and is hereby waived wi th respect to area recently Flatted as herein described. 10040 0800 VILLAGE PROCEDURE. (a) The Village Clerk shall deliver to the Village Treasurer for deposi t any moneys received as fees herein required with each preliminary plan. The Treasurer shall credit same to the gene; al fund of the Village, All moneys so received shall be used to defray the expense of eng-ineering, legal, Planning Commission or any other expense incurred in connection with such proposed plat. The Village Counci.l ' shall refer one copy of the preliminary plan to the Planning Commission, one to the Villages Engineer and one to the Village Attorney for recommendations. A report from the Planning Commission shall be due within thirty (30) days after receipt thereof by said Commission. If such plan is referred to the Planning Commission or the Village Council may act upon the preliminary plan ithout referring same Reports of the Villager Engineer and Village Atto-rney shall be due within fifteen (15) days after date of receipt of said.".plan. If any plan involves special problems or is not recommended by the =engineer, attorney or Planning Commission or if for any reason is unacceptable, the Village Clerk shall be directed by the Council to notify . the owner or subdivider as to the time and place of a Village Council meeting at which he will be afforded an opportunity to be heard. (b) Within ninety (90) days of the approval of a preliminary glen by tr.e. .a'l?7r' PLATTING CODE Vz llage Counc+19 there shall be avbmi t ted to the Council an original and three (3) Cop, es of a final ylat, whj ch may embrace all or art of the area shown on there -% i P" p . lZrr,..nary pari The V111age Council spar J : e� fer one copy of the plat to the. F ann: ng Co:LQ: t ss on f or`it s ex am.nat i.on and report, and shall refar one copy t cthe Village En.gsneer for h�i exam ..na't on and report The remair..i n. g r oJ�y_ shall be_ fi.� ed in the V.;.j i a a files by t.ft= Clerk. The report, of 11he P_ am :.ng Commies: cin sha7_ 2, t o dG e within 30 days after i1he plat is re%e1 ties by said Coffom; ss ion ; otherT: s the V111 age. Counc:::1 may take ac ti or_ W.i thou ; a Corr'JJ.: s on report The report of the Village E.fjglinea.r shall ba C..e within 15 days from recedF t - of said Plat. Whenever a plat is not apprc ved. by the. V:1 iage Co -m i l , the Clerk, shall notify . the crner or s--a.bd v: der of the V1.re and pI a^e of a Vil.lags Coi;_ncil meet :.ng at which lie will be afforded an appo� #sr� ter to be heard, vnl.ess he has heen heard by th* �oun^1l r- Wran- ev-er a final Flat i -s approved t:y theV1ll.agi Council, ' the C1 eTk shall ei.gr_ such plat Gert? fying approval. (e) Follow. -.'.ng final approval by the V .1.1.age Council, the Clerk shall notify the owner or th* subdivider of the Council action, and with:n sixty (60) days th=r, raft er, the final ;'Alar, as ap-roved, shall be r eco ied ori tri *he Reg- s er of Deeds or the Reg: a -vrar of Titi es of the County Fallu.re to record the plat wy thi.n this sixty (60) day period shall nullify the apDrovai of the Co -unci l unless app::, cat•! on has been made in writing for an extenei on of tine and euch ext ersion has b:.en granted by the Co�.Ancil, (d) Ir, any plat the Plan* :ng Cora::ssion of . the Village may recommend and the r tion of the land proposed for pl atting Council shall require that a po shall b* set. aside and dedi cat ed to the plablic ,for public use as parks and playgrounds. With respect to this requirement, such areas to be designated for parks and playgrounds shall be determined on the iasis of the particular plat as a eeparate. and ind-aM dual area, in which event such park or F= ayground area wo-laid be intended to serve the f utii rest - dents of the plat or it may be conei d Bred and de t ermi reed as part a larger park in conclarence. with o ..her adjoining plats which w� uld he both a play area for the res; -dents of the proposed plat as well as a city park. The amount. of land to be designated for park and playground play -posts ehall have a reasonable relation to the total Flatted area so as not: to be a burden upon th!► person or per -sons plat Ling the area but rather to be a means of up-gral ng the proposed plat, (Sources Ord., 39: Amended s Ord. 1.38. ) er �f 1005o LOT REQ.l REMIN TS 1005 o OlOo LOT STANDARDS (1) The mi lot d.imensi oVevelopments 7n familsubdivi.ei one designed for single- family � y d e ed dwell i shall bet . (aa) 75 feet wi the establiehed bui.ld:.ng set -back line and, on outside to curvatu ree 9 (bb) not le than 60 fee t the front lot line, ' -178W PLATTING CODE (C-74N4Q ate$$ p s ee • rl arta. (2) The minimumcorner lot- dimens;ons for singl e-fam!.1-y de-tached dwe. ing develop:r, ants W}�ere permitted under the zoning ord.inanc c Rhai 1 beve (aa) 100 feet w .de.at the estatl i erred b -x l ding eetlack line, (bb) not lees than 100 feet An delth9 and (cr:) not 'less than 10,000 square f eet o (3) The m. nirm;um d-imtnei ons at the sear lot 1. ne of any tot ehal.l be 30 feet. (4) Bunt lots shall be platted at leastf:.ve f eet wider tran trip av-ra: e interior lots in the block.. (5) All lots shall abutt- on a publicly--dedicat ,ed street° (6) Side lines of lot_ small be substantially at rl ght angles or radial to the street. line. (7) Double -frontage 'lots shall not be jermitted, excepts (aa mere lots back �:pon a :horoughf are, in which case vehicular and pedestrian ac -cess between the lots and the thoroughfare shall be prohibited, and (bb) Where topograph; a or other Condi tions render s��bci';. A. ng other Wise -1anreasonabl-� Such dolable-frontage lots shall have an addi- tional depth of at leaet 20 feet in order to allow space for a protective sore en -planting along the back 1of line and also JM su:'h instances vshicula.- and pedest�ri.an access between the lots and the thorola.&:f ar e shall be prohibited. (8) Lotti abutting upon a water COLrs`, dra_nage way 1, Channel, or stream shall have an addtti onal depth or width, as re.qu.red , to e i z re hoose ai tes that are not subject zo flooding, (9� In the. subdividang of any land9 due regard shall be shorn for all natural features, such as tree growth, water colarses, historic spots � or simi.l.ar condi-ti ons, w-hi.ch i f preserved wi 11 ad.d attractive, nese and value to the proposed development. W.—Il. (qYZ,4) 1005a0209 SETBACK LINESo A setback. 1{ ne shall be shcwr. on each lot in every subliwision hereafter recorded in the VJ llage cf Marl.ewcod. Th s line shall be at 1 east 30 feet from the property line and shall be con Llnuou.s around each entire block. Sources Ord. 39, Am-srdeds Ord. 136.) 1006o STREETS AND KASE 2NTS 1006.010. STREET PLAN. The arrangemer_t, character, extent, width and loca- tion of all stre ate shall conform to the approved Standard Street Sect•tons, and relation to existing and planned streets, to reasonable ei.rculation of traffic, to topographical oond�tions, to runoff of stormwater, to public convent-enoe and safety and in their appropriate relation to the proposed uses of the area to be served. No full width street shall be less than 60 feet, wide. M.1T9� PLATTING CODE 1006 o O2Oo ALLEYS AND CROSS -WALKS. The length of any block in a eut-divi Sion shall be not more than 1320 feet. Tr,e use of cross -walks through any block or the placing of alleys in any block is to be pernitt•ed only when absolutely nec eesary in the . opinion of the Village Council. 1006o030o CUL-DE-SACS. Cul-de-sacs, when used, shall be, held to as short a distance as possible between th=. origin or main street and the end of the cul- de-sac. Each cul-de-sac scall have a termin.a of nearly ci rcu.l ar shape wi th a minimum .diameter of 100 feet. 1006.040v HALF WIDTH STREETS, Tree use of half width streets shall be pro. hibited., ex -ept where essential to the reasonable development of, the subdivision in conformity with the other requiren.ente of these regulations and the overall plan of the neighborhood in which the plat -1s s= tu.ated. Wherever a half street is adjacent to a tract to be s-ibdivided, the other half of the street shall be platted within such tract, 10060050o RESERVED STRIPS, Reserve strips controlling access to streets are prohibited. 100E,060o ALLEYS AND PEDESTRIAN WAYS, (s) Where pa.Tni tted by the Village Council, alleys shall be at least 20 feet wide in residential areas and at least 24 feet- wide in commercial areas.. The Village Council may require alleys in commercial areas where adequate off-street loading space is not available. (b) Pedestrian ways, where permit -t3, shall be at. least •15 feet wide: 1006 0 0700 EASEMENmS. i (a) Easements at least a total of 12 feet wide, centered on rear lot lines, shall be provided for utilities, where necessary. They shall have continuity of alignment from block to block, and at deflection points, easements for pole -line anchors shall be provided. (b) Where a subdivision is traversed by a water course., drainage way, channel, or stream, there scall to provided a storm water easement or drainage right of way conform-ing substantially with the lines of such water courses, together with such further width or construction, or both, as will be adequate for the storm water drainage of the areao The person or persona making, proposing and submitting =such plat shall present figures and data to indicate whether and to whatt extent storm water run-off will be increased in voli ci ty and/or volume by reason of. improvement of the lands lying_wi thin the plat, whether improve- ment is to take place immediately or at some future date, and if on 4 the basis of such data it appears that vola city and/or volume will be substantially increased, the person or persons proposing and making such plat shall produce and supply whatever agreements are necessary In the opinion of the Village Engineer and the Village Attorney to -180 PLATTING CODE authorize such increased flow cnt-o adjoining private lands, Source es Ord. 399 Amended: Ord. i36 ) 100"I. CONSTRUCTION AND 3 M.FROVET ENTS 1007 o 010. VILLAGE WORK. All of the construction or irr_Frove-men t of any k end to be clone w thin the dedicated street right of way shall be done by the V111age under a rillage contract after the owner or developer has petitioned for such Rork, The procedure for starting and handling any of this work sha? i be in accord- ance with the provisions of the Village of. Maplewood r Eg;l a t i ons for cons iruc t i on and the work shall be in accordance with the speci fl esti ons coma-ined therein, 1007 a 0200 REQUIRED LAND IMPROVEM.KiTS AND CONSTRUCTION. No final plat shall be approved by the Village Council without fi 1st receiving a report signed by. the Village Rngi neer and the Village Attorney c+er t -i fylrg that the improvements and construe t � on of the land and streets Loge -thee with all other necessary fac= li tzes in -the plat `nave teen completed and sat : sfac torily arranged in accordance with provis=ons of the regulations for land irrr_r.ovem,er_t and construction. Before a f iral Flat is approved by the V 11 age Coup,." the owner and subdz v: d e r of the land covered by said plat sha? 1 execute and s-itiri t to the Village Council an a . ee- ment4 which shall be bindingon his or L.�'i+`� • • _ter re_rs9 personal represents live_ and assigns stipulating that he Will cause no pr nate construction to be made on �Y .lots in said plat or file or cause to be filed any application for buildingFermi is for such construction on such lots, until ail improvements required under the Village regulations for street construction ha �arranged been made or arran ed for in the manner provided herein and in the ordinance establishing street construction ( see Vii lage standards for street construction),; 1007 o 030„ BUILDING PERMTS. No building permit shall be issued for the construction of any building, str-acture, or Improvement to the land or any lot within a subdivision as defined herein which has teen approved forlatt=n until F g, all requirements of this ordinance and all provisions for street construction and land improvement have been complied with in full. (Soux-ce $ Ord 39 , Amended s Ord. 138. ) Igo 1. Z, leya - 6C� (elA zf' � ) 10089 VARIANCES AND VALIDITY 10080010. VARIATIONS AND EXCEPTIONS. The Punning Commission may recommend variations from these requirements in specific cases which, In its opinion, do not affect the general plan or the .intent of this ordinance. Such redommenaati ons shall be communicated to the Council in wry t ing, substanti at;ng tie recommended variations. The Council may approve varsations from the requirements of this ordinance in specific cases which, in its opinion, do not adversely affect the plan and spirit of this ordinance. 10080 020. VALIDITY. If any rection, subsectiony eentenee, cl auee oT phrase -182- a I PLATTING CODE 4 " of thl s ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinanceo (Sourceo Ord o 390 -182- }' ORD1NANCE N0. 289 =i r -Ah ORDINANCE COAXERNING SURVEY 10h�1ENTS THE C01PNCIL OF THE VILLAGE OF MAPLEWOOD DOES HERELY ORDAIN AS FOLLOI•:S Section 1. Section 1007.040 is hereby amended to read as follows: "1007,040,S;,jAP. EY SIO U:•.L• NTS . All recorded Survey T,-nent s must be ref f iced by a Registered Land Surveyor and said reference data must be filed with the Village Engineer before any such monument may be moved f or any reason." - Section 2. Section 1007.050 is hereby amended to read as follows: "1007-0-500, REFL ACE`•iEN T OF hIONLi•IENTS . Af ter the reason for movie g such a monument has ceased to exist, it shall be the responsibility of the party causing such montinent to be moved to have a rec;istered land surveyor replace said monument." Section 3. Section 1007.060 is hereby amended to read as follows: "1.007 9 060 SPLCTFTCATIONS. 'she requirements of t��is ordinance she ll be and are hereby m %-J e a part of all.. cons true ion specifications of the `tillage of Na,ilewood and shiai 1 also be made a part of all utility L aI:cses in the :�il:� Village." Sec tion 4. This ordinance shall take er f ect and be in f orce f roan and atter its passage and publication. Passed by the Council of the Village of Maplewood this day of. • 11971. :Mayor Attest: "1 01 lop e000, t Clerk • Ayes Nays — �� I, • ORDINANCE N0. 442A An Ordinance Amending the Maplewood Platting Code Section 1005.010 THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 1005.010 is amended to include subpa-tagraphs (10) and (11): (10) The minimum lot dimensions on Parcels designated for double dwellings shall be: (aa) 75 feet wide at the established building setback line; (bb) 122000 square feet in area. (11) Lot splits for double bungalows (aa) If the conditions below are met, a lot or lots occupied by a double bungalow may be split along the party wall to allow for individual ownership of each unit. The newly created lots shall, therefore, be exempt from the minimum lot width and area requirements. The minimum area of 12,000 square feet shall still remain. (bb) All of the following conditions must be met before a lot split described in subsection 1005.010 (11) (aa) may be approved 1. The property, and structure must be able to be easily split into two substantially equal sections. 2. The structure must meet current Building Code standards for fire wall separation. This can be added to an'existing unit. 3. Separate utility services must he provided. 4. Deed restrictions shall be recorded with the property, requiring that the structure shall have a uniform exterior appearance, in terms of color, design, and maintenance. 5. Deed restrictions shall be recorded with the property, if one unit is burned or destroyed it shall be reconstructed in a uniform appear- ance and if both units are burned or destroyed, minimum lot widths shall then prevail for single dwelling homes. A double duelling may be rebuilt meeting the original conditions of this ordinance* 6. Any P ids utes be submitted to binding arbitration according to the rules of the Minnesota Arbitration Association. 7. Any other conditions that City Council deems necessary to assure compatibility with surrounding structures or to assure a reasonable division of property. (- _ Section 2. This Ordinance shall take effect and be inforce from and after Its passage and publication. Passed by the City Council i of the City of Maplewood, Minnesota, this 18th day of May, 1978. Mayor Attest: C� Ayes - 5 Cler Nays - 0 ORDINANCE NO* 459 AN ORDINANCE AMENDING CHAPTL'I: 1004 OF THE MAPLEWOOD CODE RELATING TO PLATTING CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN AS FOLLOWS: Section 1. Section 1004 of the Maplewood Code is hereby amended to read as follows: 1004.010. :preliminary Plat. Before dividing any tract of land into four or more parcels, an owner or, subdivider shall submit fourteen copies of a pre- liminary plat. 1004.090. Lot Divisions. The Director of Community Development may approve or cause to be modified plans for a lot division. A lot division is defined as the division of a tract of land into two or three lots. The . Director must first determine, however, that the plans meet all City Ordinances and policies and that the proposal would not have an adverse impact on the subject property or surround- ing properties. If the Director makes a negative determination or the applicant wishes to appeal the decision, the case shall be sent to the City Council for action. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council of the City of 11aplewood, Minnesota, this Ist day of February, 1979. Attest: 67 all Clerk �1 lfayor v Aves - 5 Nays - 0 ORDINANCE NOo 472 AN ORDINANCE AMENDING CBAPTER 1005 OF THE MAPLEWOOD ORDINANCE o. THE CITY COUNCIL OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: _ .Section 1. Section 1005.010 is hereby amended to read as follows 3005.010. LOT STANDARDS (1) The minimum lot dimensions in subdivisions designated for single-family detached dwelling developments shall be: (aa) 75 feet wide at the established building setback line and on outside street curvaturesp (bb) not less than 60 feet at the f rout lot line, (cc) not less than 10,000 square feet in area, (dd) not less than 7,500 square feet in area if designated as Rm, Medium Density Residential. Section 2. This Ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Maplewood, this 5th day of July, 19791 Attest: z�..� Ayes - 5 Cle k Nays -0 ORDINANCE No. 481 • i ' AN ORDINANCE MIE LADING LOT i REQUIFErJENTS IN SECTION 1005 OF THE MAPLEWOOD CODE BY ADDING THERETO SECTION 1005.030. OUTLOT -. THE COUNCIL OF THE CITY OF IIAPLE1400D DOES HEREBY ORDAIN AS FOLLOWS: i,a y Section 1. Section 1005 of the Maplewood Code is hereby amended by adding thereto follows: Section 1005.030 and shall read as , 1005.030. OUTLOf CONDITIONS. (a) No building permit will be issued for construction upon any lot designated as an outlot upon any plat except by. special use permit-. (b) The Council of the City of Maplewood will* not grant a special use perwit for building upon any outlot unless said outlot meets the following conditions: (1) It meets the size and frontage requirements provided for in this code. (2) It is ready for development and has the requisite public improvements. (3) The permitted density under the City Code has not been trans- ferred to another parcel and is, therefore sufficient to accommodate ai t the proposed construction. (4) That the outlot is not used for permanent common open space.. (5) That the proposed construction can overcome or accommodate topographical problems and/or peculiar site characteristics. Section 2. This Ordinance shall take effect and be in force from and after passage and publication. Passed by the Council of the City of Maplewood, Minnesota, this 21st day of February, 1980. Attest: } F City Clerk E !i r; is i! F! Ayes —5 Nays - 0 ORDINANCE NO. 481" AN OIZDINANCE AMENDING THE DEFINITION OF OUTLOT IN SECTION 1002.010 OF THE MAPL : WOOD CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN • SN AS FOLLOWS. Section 1. The . def ini t iti on of "OUT -LOTS" in Section _ on 1003.010 of the Maplewood Code is hereby amended as follows: OUTLOT is any parcel of land designated as an outlot on any plat in the City. Section 2, This Ordinance shall take effect and be in force from and after passage ante publication. Passed by the Council of the City of Maplewood, r:innesota, this 21st day of February, 1980. I,..i yor Attest: • Ayes - 5 -ZO City Clerk Nays - 0 MEMORANDUM To: City Manager FROM: Director of Coi�muni ty Development SUBJECT: Lodging Establishment Ordinance DATE: October 21, 1981 t -, on y, r, v .L Py zcV° �y T'a , e _ C t C,-7 The enclosed letter from the Minnesota Department of Health requests that the City establish a lodging establishment ordinance. An ordinance doing this is enclosed. Council gave first reading to this ordinance on February 7, 1980 and tabled second reading on March 6, 1980. There are only three businesses that would be affected by this ordinance - Holiday Inn, Northernai re Motel, and the St. Paul Tourist Cabins. The City is performing the inspections for the State. The State, however, is receiving the annual license fees. The affect of adopting the enclosed ordinance would be to allow the City to replace the State licensing of these establishments and collect the annual license fee that is currently collected by the State. A resolution setting these fees is enclosed. These fees are the same as those now being charged by the State, A copy of the Minnesota Health Department rules is enclosed. The following is a summary of things an inspector looks for: 1. Is the building in good repair, including adequate light and ventilation? 2. Are bedding and linens clean and in good condition? 3. The bathroom is checked for sanitation, a functioning toilet, hands i nk, and shower or bathtub. Properly washed glasses or single service glasses, soap, and clean towels must be provided. 4. There must be proper trash disposal, and no evidence of rodent or insect infestation. 5. Sn1oke detectors must be provided in each room. 6. The unit is checked for dirt or excessive amounts of dust. 7. The manufacture or method of dispensing ice, and type of water supply is . checked. Well water is periodically tested. Recommendation Approval of the enclosed ordinance adopting the Minnesota Health Department's "Rules for Lodging Establishments" and the enclosed resolution establishing annual license fees for inspections. Enclosures: 1. Letter from the Minnesota Department of Health 2. Proposed Licensing Ordinance 3. Proposed Resolution Setting License Fees 4. Minnesota Department of Health "Rules for -Lodging Establishments" minnesota department of health O 717 s.e. delaware st. minneapolis 55440 1612 2965221 Mir . Robert Wenger - Environmental Specialist ' 1902 East County Road B Maplewood, MN 55109 Dear M r . Tenger : August 18, 1981 This is to inform you of our intention to conduct a survey of the food. and beverage service establishments in the City of Njaplewood, be- ginning the week of September 21, 198.1. The Section of Hotels Resorts and Restaurants with the assistance of the Environmental Field Services Section will be conducting the survey utilizing the July, 1980 revised FDA "Recon vended Procedures for Evaluating Retail Food Protection Programs. " We will plan on meeting with you on September 21, 1981, to discuss the details of the survey and to make our random sample selection of establish- mentt. to be surveyed. Additionally, since you are currently involved with the routine in- spection of lodging facilities, I would urge that you once again consider the possibility of developing and implementing a lodging ordinance in the City of Plaplewood. The adoption of such an ordinance and the formal delegation of inspectional responsibilities and enforcement authority can serve as an asset to both the City and industry. To the City, it serves as a legal mechanism when enforcement becomes necessary. To the industry, it clearly defines their responsibility and prevents the City from taking capricious actions, If you have any questions concerning these matters , please communicate with us at (.612) 296-5335. Yours very truly, James J. Witkowski, R.S. CHS, Consulting Sanitarian Environmental Field Services JJW : mt CC:- Mr. Douglas Wood Ramsey County - an equal opportunity employer aqWN& AN ORDINANCE ESTABLISHING REGULATIONS AND LICENSING PROVISIONS RELATING TO LODGING ESTABLISHMENTS THE COUNCIL OF THE CITY OF MAPLEWOOD HEREBYR . 0 DAI NS AS FOLLOWS: 825.010. MINNESOTA DEPART14EIlT OF HEALTH . RULES ADOPTED BY LAw : Subject to any specific modifications hereinafter set forth, the municipality h reference Minnesota Stat hereby adopts by State Board of Health Rui es 7-MCAR 1.151 z 1.160as �� � conta' ned by Taw in the document entitled "Requirements rements for Lodging Establishments , and all subsequent amendments thereto. One copy of such regulations shall b inspection 9 e filed and available for ins p n i n the Office of the City Clerk and the Department of Coiamuni ty Development. 7-MCAR 1.151 - 1.160 is herebymodified i ed by deleting the term "Board" and substituting therefore the term "Environmental N ' Health Official". al . 825.020. LICENSE- REQUIRED. It shall be unlawful ul for any person to operate a lodging establishment unless the City of Maplewood lewood has issued a valid license thereforewhich is in full force and effect. Such license shall be on display in the immediate vicinity of the customer registration area and conveniently accessible upon demand. 825.030. APPLICATION FOR LICENSE. A 1 i ca ti ori for license nse hereunder shall be submitted to the office of Community Development i n such form and manner as the City may prescribe. 825.040. INSPECTION. The Environmental Health Official shall inspect ns ec teverylodg- ing establishment ishment as frequently as deemed necessary to insure compliance with this ordinance. 825.050. LICENSE EXPIRATION AND RENEWAL. Licenses issued under this ordinance Hance shall expire on the last day of December each year. License renewal application shall be filed with the Office of Community, Development prior to the expiration da toeach year. Failure to comply with the requirements of this ordinance may resuit in revocation or non -renewal of license. Written notification shall be made to the applicant or license of *any lodging establishment whose license has s been denied or revoked. The applicant or licensee shal 1 have ten days from the date of this notification to appeal this decision to the City Council. 825.060. LICENSING REGULATIONS AND FEES. The annual license fee for a lodging establishment shall be set by resolution - . - --- _ 825.070. PENALTY. Anyperson, firm, or corporation convicted of violating the provisions of this ordinancebe guilty ty of a misdemeanor. will . This ordinance shall take effect upon passage and publication according to law. Passed by the Council of the City of Maplewood, Minnesota this - ,19 Attest: C1 erk Mayor Ayes - N ayv RESOLUTION r LICENSE FEE SCHEDULE FOR LODGING ESTABLISHMENTS ORDINANCE WHEREAS, Ordinance Number is to be adopted for the City of Maplewood, Minnesota; WHEREAS, said Ordinance requires each licensed lodging establishment to pay a specified license fee, and WHEREAS, said license "' icense"' fee shall conform to the existing fees currently charged by the Minnesota Department of Health; NOW, THEREFORE, be it resolved that the City Council hereby establish the following license fees for lodging establishments: 1 - 15 Units $23.00 16 - 35 Units $45.00 36 - 100 Units .$60.00 100+ Units $75.00 MINNESOTA DEPARTMENT OF HEALTH 7 MCAR §§ 1.151 - 1.15 5 RULES FOR LODGING ESTABLISHMENTS 7 MCAR § 1.151 SCOPE AND DEFINITIONS, A. SCOPE. This rule -shall be applicable -to a1.1 lodging establishments, such as hotels, motels, lodging houses and resorts as defined in Minnesota Statutes, Chapter 157, B. DEFINITIONS, 1. Commissioner. The term "Commissioner" shall mean the Minnesota Commissioner of Health and the Minnesota Department of Health, which terms shall be synonymous. 2. Approved. The term "approved' shall mean acceptable to the Commissioner following his determination as to conformity with established public health practices. 3. Clean. The term "clean" shall mean the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. 4. Good repair. The term "good repair" shall mean free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects so as to constitute a good and sound condition. 5. Usable floor space. The term "usable floor space" means all floor space in a sleeping room not occupied by closets, toilet rooms, shower or bathrooms. 7 MCAR § 1,152 SANITATION REQUIREMENTS, The construction, operation, maintenance and equipment of lodging establishments shall be regulated as follows: A. BUILDING. Every building, structure or enclosure used to provide lodging accommodations for the public shall be kept in good repair, and so maintained as to promote the health, comfort, safety and well being of persons accommodated. B. FLOORS. The floors of all guest rooms, hallways, bathrooms, store rooms, and all other spaces used or traversed by guests shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. Cleaning of floors shall be done as to minimize the raising of dust and the ex- posure of guests thereto. The requirements of this section shall not prevent the use of rugs, carpets or natural stone which can be kept clean. Abrasive strips for safety purposes may be used wherever deemed necessary to prevent accidents. C. WALLS AND CEILINGS. The walls and ceilings of all rooms, halls and stairways shall be kept clean and in good repair. Studs, joists or rafters shall not be left expcsed except when suitably finished and kept clean.=- - D. SCREENING. When flies, mosquitoes, and other insects are prevalent, all outside doors, windows and other outer openings shall be screened: Provided that such screening shall not be required for rooms deemed by the Commissioner to be located high enough in the upper stories• of the building as to be free of such insects, or in such areas where other effective means are provided to prevent their entrance. E.. LIGHTING AND VENTILATION. All rooms and areas used by patrons and guests and all other rooms or spaces in which lighting and ventilation, either natural or artificial, are essential to the efficiency of the business operation shall be well lighted and ventilated. An area shall be considered well ventilated when excessive heat, odors, fumes, vapors, smoke or condensation is reduced to a negligible level and barely perceptible to the normal senses. During seasons when weather conditions require tempering of make-up air, adequate equipment shall be provided to temper the make-up air. Every - gas-fired --or oil -f iced room heater and water -heater shall -be vented ---to the outside air. - F. SPACE. Every room occupied for sleeping purposes by one person shall contain at least 70 sq. ft. of usable floor space, and every room occupied for sleeping pur- poses by more than one person shall contain not less than 60 sq. ft. of usable floor space for each occupant thereof.. Under no circumstances shall there be provided less than 400 cu. ft, of air space per occupant. Beds shall be spaced at least 3 ft. apart when placed side by side. No sleeping quarters shall be provided in any basement having more than half its clear floor to ceiling height below the average grade of the adjoining ground. When strict compliance herewith is impracticable, the Commissioner may waive any of the provisions of this paragraph subject to such conditions as may be deemed desirable in the individual case. G. BEDDING AND LINEN. All beds, bunks, cots, and other sleeping places provided for ,guests in hotels, motels, resorts and lodging houses shall be supplied with suitable pillow slips and under and top sheets. All bedding including mattresses, quilts, blankets, pillows, sheets, spreads, and all bath linen shall be kept clean. No bedding including mattresses, quilts, blankets, pillows, bed and bath linen, shall be used which are worn out or unfit for further use. Pillow slips, sheets and bath linen after being used by one guest shall be washed before they are used by another guest, a clean set being furnished each succeeding guest. For any guest occupying a guest room for an extended period of time, a fresh set of sheets and pillow slips shall be furnished at least once each week, and at least two clean towels shall be furnished each day, except that the proprietor will not be respon- sible for the sheets, towels, pillow slips, and bath linen furnished by a guest. H. ROOM FURNISHINGS. All equipment , f ixtures , f urniture and f urnishings , including windows, draperies, curtains and carpets, shall be kept clean and free of dust, dirt, vermin and other contaminants, and shall be maintained in good order and repair. I. TOILETS. Every hotel, motel and lodging house shall be equipped with adequate and conveniently located water closets for the accommodation of its employees and guests. Water closets, lavatories and bath tubs or showers, shall be available on each floor when not provided in each individual room. Toilet, 'lavatory and bath,- facilities shall be provided in the ratio of one toilet and one lavatory for every ten occupants, or fraction thereof, and one bath tub or shower for every twenty occupants, or fraction thereof. Toilet rooms shall be well ventilated by natural or mechanical methods. The doors of all toilet rooms serving the public and employees shall be self-closing. Toilets and bathrooms shall be kept clean and in good repair and shall be well lighted and ventilated. Handwashing signs shall be posted in each toilet room used by employees. Every resort shall be -equipped with adequate and convenient toilet facilities for its employees and guests. If privies are provided they shall be separate buildings -and shall be constructed, equipped, and maintained in conformity with the standards of the Commissioner and shall be kept clean. J, WATER SUPPLY. A safe adequate supply of water shall be provided. The water'supply system shall be located, constructed and operated in accordance with -2- 9 the rules of the Commissioner. After September 30, 1980, the temperature of hot water which is provided in any public area or guest room, including but not limited to lavatories, bath tubs or showers shall not exceed 1300 F. (approx. 550 CO)* K. HANDWASHING . All lavatories f or public use or furnished in guest ,rooms at hotels, motels, lodging houses and resorts shall be supplied with hot and cold running water and with soap. Scullery sinks should not be used as handwashing s inks . In *the case of separate housekeeping cabins at resorts not supplied with running hot water, equipment shall be provided for heating water in the cabin. Individual or other approved sanitary towels or warm -air dryers shall be provided at all lavatories for use by employees or the public. L. EATING UTENSILS AND DRINKING VESSELS PROVIDED IN GUEST ROOMS. 1. After each usage, all multi -use eating utensils and drinking vessels shall be thoroughly washed in hot water containing a suitable soap or synthetic detergent, rinsed in clean water, and effectively subjected to a bactericidal process approved by the 'CoMMissioner. Approved facilities for manual dishwashing shall consist of a three compartment sink with stacking and drainboards at each end. All mechanical dishwashing machines shall conform to Standard Number 3 of the National Sanitation Foundation, dated April, 1965. All dishes, glases, utensils and equipment after washing and bacteri- cidal treatment shall be permitted to drain and air dry. 2. Single service utensils or vessels as defined in 7 MCAR § 1.162(s) must be handled in a sanitary manner. Such utensils may not be re -used. M. 14ASTE DISPOSAL. All liquid wastes shall be disposed of in an approved .public sewerage system or in a sewerage system which is designed, constructed and operated in accordance with the rules of the Minnesota Pollution Control Agency (6 MCAR 5 4.8040) . Prior to removal, all garbage and refuse in storage shall be kept in water- tight, non-absorbent receptacles which are covered with close -fitting, fly -tight Lids. All garbage, trash and refuse shall be removed from the premises frequently to prevent nuisance and unsightly conditions, and shall be disposed of in a sanitary manner. All garbage receptacles shall be kept clean and in good repair. N. INSECT AND RODENT CONTROL. Every hotel, motel, lodging house and resort shall be so constructed and equipped as to prevent the entrance, harborage or breeding of flies, roaches, bedbugs, rats, mice and all other insects and vermin, and specific means necessary for the elimination of such pests such as cleaning, renovation or fumigation shall be used. The Commissioner may order the facility to hire an exterminator licensed by the state to exterminate pests when: 1. The infestation is so extensive that it is unlikely that a non-profes- sional can eradicate the pests effectively, or 2. The extermination method of choice can only be carried out by a licensed exterminator, or 3. Upon reinspection, it is found that an establishment Fias not been brought into compliance with a prior order to rid the establishment of pests. 0. PERSONNEL HEALTH AND CLEANLINESS. No person shall resume work after visiting the toilet without first thoroughly washing his hands. Personnel of hotels, motels, lodging houses and resorts may be required to undergo medical examination to determine whether or not they are cases or carriers -3- of a communicable disease. P. CLEANLINESS OF PREMISES. The premises of all hotels, motels, lodging houses and resorts shall be kept clean and free of litter or rubbish. Q. FIRE PROTECTION. All lodging establishments shall provide suitable fire escapes which shall be kept in good repair and accessible at all times. Hallways shall be marked and exit lights__provided; fire extinguishers shall be provided and.shall be recharged, annually and kept accessible for use. No sleeping quarters shall be maintained in rooms which do not have unobstructed egress to the outside or to a central hall leading to a fire escape. All fire protection measures shall be in accordance with requirements of the State Fire Marshal, Re PLUM13ING AND SWIMMING POOLS. All new plumbing in hotels, motels, lodging houses and.resorts, and all plumbing reconstructed or replaced after January 1, 1968 shall be designed, constructed and installed in conformity with the Minnesota Plumbing Code (7 MCAR §§ 1.120-1.134)0 All swimming pools and other artificial recreational bathing facilities shall be located, constructed and operated inconformity with 7 MCAR 5 1.141. S. SANITARY DISPENSING OF ICE. Any lodging establishment which makes ice available in public areas, including but not limited to lobbies, hallways, and outdoor areas shall restrict access to such ice in accordance with the following provisions: 1. after the effective date of this rule, any newly -constructed lodging establishment which installs ice -making equipment, and any existing lodging establishment which replaces its ice -making equipment, shall install only automatic d1:1ip s "ng, s nitary ice-makin and storage equip ent �,.c104 a�4 a ter December 319 1984, any existing lodging s ablishment which has not converted to automatic dispensing ice -making and storage equipment shall no longer permit unrestricted public access to open -type ice bins, and shall dispense ice to guests only by having employees give out prefilled, individual, sanitary containers of ice, or by making available prefilled, disposable, closed, bags of ice. 7 MCAR § 1,155 INITIAL AND RENEWAL LICENSE FEES: LICENSE EXPIRATION DATES, A. FEE SCHEDULE. License applications for lodging establishments as defined in 7 MCAR § 1.151 shall be accompanied by the applicable fee as determined from the following fee schedule. Fee Schedule Number of Sleepin Rooms Fee 1 - 18 $23.00 19 - 35 $45.00 36 - 100 $60.00 ' 101 and over $75.00. Be EXPIRATION DATE. Initial and renewal lodging establishment- licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. C. LICENSE RENEWALS. License renewals shall be obtained on an annual basis. -4- r License renewal applications P ns shall be submitted to the Co • forms provided no later thanCommissioner of He December 31 of the year preceding Health on application is made. P ng the year for which D.. PENALTY FEE. Aenal P ty fee of $10.00 shall be added to t license fee if the application has he amount of the not reached the office of the Commissioner Health before January 31, or in the r of case of anew business, 30 days after th - of such business. e o en' P ng E. .REDUCED LICENSE FEE, From and after October i of each ear th for new establishments or new operators years e license_ fee p ators shall be one half of theappropriate e license fee plus any penaltywhich annual h may be required. "F EFFECTIVE DATE, The , licenses whic fees prescribed In 7 MCAR § 1.15 ` h become effective on or 5 shall apply to all after September 1 1979. --5- MEMORANDUM TO: CITY MANAGER BARRY EVANS FROM: CITY CLERK REGARDING: CANVASS OF ELECTION DATE: NOVEMBER 4, 1981 It is necessary that the City Council act as a canvassing board to certify the results of the election. It is recommended the following resolution be adopted: "RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, RAMSEY COUNTY, MINNESOTA, acting as a canvassing board on November 5, 1981, hereby cer— tifies the following results of the November 3, 1981 City General Election for Mayor and Councilman: MAYOR: John C. Greavu 1224 George Morrison 471 WAyneDunshee 1 Lorraine Fischer 1 Jean Myers 1 Gary W. Bastian 1 COUNCILMAN (Two Elected) Norman G. Anderson 1246 Mary Lee Maida 821 Earl L. Nelson 737 Leota Oswald 447 91