HomeMy WebLinkAbout1990 03-12 & 03-15 City Council PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, March 12, 1990
and
4:30 P.M., Thursday, March 15, 1990
Hazelwood Fire Station, 1530 E. County Road C
Meeting No. 90 -5
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF MINUTES
1. Minutes of Meeting No.
2. Minutes of Meeting No.
3. Minutes of Meeting No.
D. APPROVAL OF AGENDA
E. CONSENT AGENDA
89 -12 (May 18, 1989)
90 -3 (February 12, 1990)
90 -4 (February 26, 1990)
All matters listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by one motion. There will be no separate
discussion on these items. If a member of the City Council wishes to discuss an
item, that item will be removed from the Consent Agenda and will be considered
separately.
10 Approval of Claims
2. Mechanical Inspector's Fee
3. Purchase of Two Unmarked Police Vehicles
4. Commission and Board Banquet
5. Nature Donation - 3M Center
6. Project No. 90 -03 - T.H. 61 Signals, Approve Agreement
7. Signing of Fire Department Contracts
8. Budget Transfer; Burster - Folder, etc., Maintenance Agreement
F. PUBLIC HEARINGS
1. 7:00 P.M., Street Vacation: Effingham Street (4 Votes)
2. 7:15 P.M., Rezoning: West of White Bear Ave., Radatz Ave. to County Road C (4
Votes
3. 7:30 P.M., Conditional Use Permit: Cope Avenue (Credit Union)
4. 7:45 P.M., South Side of Frost Avenue, East of Phalen Place
Plan Amendment (4 Votes)
Rezoning (4 Votes)
5. 8:15 P.M., Highwood Estates No. 2
Plan Amendment (4 Votes)
Street Vacation
Pipeline Setback Reduction
Preliminary Plat
Rezoning (4 Votes)
No Parking
6, 9:00 P.M., Holloway Avenue, Project 84 -14 Improvements: Beebe Road to Furness
a. Cooperative Agreement
G. AWARD OF BIDS
H. UNFINISHED BUSINESS
1. Update Recreational Vehicle Ordinance
I. NEW BUSINESS
1. Conditional Use Permit Application - BBY Partnership (4 Votes)
2. Vacation of Undeveloped Streets and Alleys
3. Community Center - Plan of Action
4. Council Workshop
5. Alley East of White Bear Avenue, Beam to County Road D
6. City Hall Update
J. VISITOR PRESENTATIONS
K. COUNCIL PRESENTATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
L. ADMINISTRATIVE PRESENTATIONS
1.
2.
3.
4.
5.
M. ADJOURNMENT OF MEETING
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MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, May 18,' 1989
and
7:00 P.M., Monday, May 22, 1989
Council Chambers, Municipal Building
Meeting No. 89 -12
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 4:30 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker., Councilmember Present
George F. Rossbach, Councilmember Arrived at 4:42 P.M.
C. APPROVAL OF MINUTES
1. Meeting No. 89 -1 (January 9, 1989)
Councilmember Anderson moved to approve the Minutes of
Meeting No. 89 -1 (January 9, 1989) as submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
1. Light - White Bear Avenue and Burke
2. Cable
3. Fulk Manufacturing
4. Manager Meeting June 1
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Item E -1 to become Item H -14,
Councilmember Bastian moved, seconded by Mayor Greavu, Ayes - all,
to approve the Consent Agenda, Items 2 through 5 as recommended.
1. Approval of Claims
Discussed as Item H -14.
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V
2, Clean Up of Demolished Business
Accepted the low bid of $1,000 from Ray Anderson and
Son, order removal of the debris and assess the cost
against the property taxes. Property located at the
Northwest corner of Cope and Hazelwood.
3. Registered Land Survey: 2090 County Road D (Hawse)
Approved the Registered Land Survey for Leslie and
Lucille Hause for three parcels of property between
Lydia and County Road D as submitted.
4. Conditional Use Permit Renewal: Rolling Hills Second Addition
Approved the renewal of the conditional use permit for
the Rolling Hills Second Addition for one year subject
to the original conditions of approval.
5. Conditional Use Permit Renewal: 1225 Frost Avenue (Hirsch)
Approved the renewal of the conditional use permit for
George's Auto, 1225 Frost Avenue for one year subject
to the original conditions.
Councilmember Rossbach arrived at 4:42 P.M.
F. AWARD OF BIDS
1. Individual Pressure Reducing Valves, Project 89 -09.
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following
resolution and moved its adoption:
89 - 5 - 76
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the bid of Aquarius Heating &
Plumbing, Inc., in the amount of $23,234.00 is the
lowest responsible bid for the construction of
individual pressure reducing valves, City Project 89-
09, and the Mayor and Clerk are hereby authorized and
directed to enter into a contract with said bidder for
and on behalf of the City.
A total project budget of $30,000 is hereby appropriated.
2 5 -18 -89
Seconded by Councilmember Bastian. • Ayes - all.
G. UNFINISHED BUSINESS
1, Final Approval of Bonds, Notes, and Developer's Agreement (Cottages
of Maplewood)
a. Manager McGuire presented the Staff report.
b. Mary Ippel, Bonding Consultant, Briggs and Morgan,
presented the specifics of the proposal.
C, Councilmember Anderson introduced the following
resolution and moved its adoption:
89 5 - 77
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
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 relevant provisions of Minnesota
Statutes, Chapters 462A, 462C and 475, as amended;
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;
Bond Loan Agreement: the loan agreement dated
as of May 1, 1989, executed by and between the City
and the Company pursuant to which the City loans the
proceeds of the Bonds to the Company to finance a
portion of the Project Costs;
Bonds: the $2,230,000 Multifamily Housing
Revenue Bonds, Series 1989 (Cottages of Maplewood
Project - FHA Insured Mortgage Loan) issued by the
City pursuant to the Indenture;
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Cit the City of Maplewood, Minnesota, its
successors and assigns;
C= or Internal.Revenue Code: the Internal
Revenue Code of 1986, as amended;
Company_ Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership, its
successors and assigns, and any surviving, resulting
or transferee business entity which may assume its
obligations under the Loan Agreement;
Construction Fund: the fund established by the
City pursuant to this Resolution and into which the
proceeds of the Note will be deposited;
Credit: collectively, the Initial Credit issued
by MidAmerica and any Replacement Credit;
Credit Acreement : the agreement of even date
herewith, by and between the Company and the Lender,
setting forth the terms under which ' the Lender may
draw on a Credit;
Declaration: the Declaration of Restrictive
Covenants dated as of May 1, 1989, executed by the
Company and recorded against the Project Premises;
Disbursing Agreement: the agreement to be
executed by the City, the Company and Title, relating
to the disbursement of the proceeds of the Note from
the Construction Fund to pay or reimburse the Company
for the costs of the construction and installation of
the Project;
Final Maturity Date: May 1, 1999, or such
earlier date on which the entire Principal Balance of
the Note, the accrued interest thereon and any premium
are fully paid and discharged;
Indenture: the Indenture of Trust dated as of
May 1, 1989, between the City and American National
Bank and Trust Company, in St. Paul, Minnesota,
pursuant to which the Bonds are issued;
Initial Credit: the irrevocable standby letter
of credit issued by Mid America;
Lender: , in
Minnesota, its successors and
assigns;
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Mid America: Mid America Bank Maplewood, a
state banking corporation, organized under the laws of
the State of Minnesota;
Note: the $264 Multifamily Housing Revenue
Note, Series 1989 (Cottages of Maplewood Project), to
be issued by the City pursuant to this Resolution;
Note Loan Agreement: the agreement to be
executed by the City and the Company, providing for
the issuance of the Note and the loan of the proceeds
thereof to the Company, including any amendments or
supplements thereto made in accordance with its
provisions;
Note Register: the records kept by the City
Manager 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 Project, together with such modifications
thereof and additions thereto as are reasonably
determined by the Company to be necessary or desirable
for the completion of the Project;
Pledge Agreement:
by the City in favor of
assigning its interests
Lender;
the agreement to be executed
the Lender pledging and
in the Loan Agreement to the
Principal Balance: so much of the principal sum
on the Note as remains unpaid at any time;
P_ro'ect: that certain 59 unit rental apartment
facility and related improvements and equipment
including Project Equipment) which are required by
the Loan Agreement and the Disbursing Agreement to be
constructed and installed on the Project Premises,
together with all additions to, replacements of, and
substitutions for, any of the foregoing which may be
made as permitted;
Project Equipment: any and all (i) fixtures or
tangible personal property now or hereafter attached
or affixed to the Project Premises, but specifically
excluding any trade fixtures owned by tenants, if any,
ii) other tangible personal property now or hereafter
located within or used in connection with the Project
and acquired, in whole or part, from Note proceeds
which items are generally described in Exhibit B
attached to the Loan Agreement), and (iii) any
5 5 -18 -89
additions to, replacements of and substitutions for
any of the foregoing which may be permitted or
required by the Loan Agreement;
Project Premises: the real property and any
other easements and rights described in Exhibit A
attached to the Loan Agreement;
Replacement Credit: a letter of credit provided
by the Company pursuant to Section 4.07 of the Loan
Agreement to replace or supplement a prior Credit;
Resolution: this Resolution of the City adopted
April 20, 1989, together with any supplement or
amendment thereto;
Title: Commonwealth Land Title Insurance
Company;
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 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 Minnesota
Statutes, Chapter 462C, as amended, to issue its
revenue note to finance, in whole or in part, the
costs of a multifamily rental housing development (the
Project ") for the public purposes expressed in the
Act;
2) the Issuer has made the necessary
arrangements with Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the
Company "), for the acquisition, installation, and
6 5 -18 -89
construction of the Project, which will be of the
character and accomplish the purposes provided by the
Act.
3) the Issuer has agreed to issue its
2,230,000 Multifamily Housing Revenue Bonds, Series
1989 (Cottages of Maplewood Project - FHA Insured
Mortgage Loan) (the "Bonds ") and loan the proceeds
thereto to the Company pursuant to the terms of a loan
agreement dated as of May 1, 1989 between the City and
the Company (the "Bond Loan Agreement ") to finance a
portion of the costs of the acquisition, construction
and equipping of the Project;
4) the Issuer has also agreed to enter into a
revenue agreement with the Company (in the form of the
Loan Agreement as hereinafter defined) which provides
for the Issuer to finance a portion of the costs of
the acquisition, construction and equipping of the
Project by making a loan (the "Loan ") to the Company
to be funded through the issuance of a Multifamily
Housing Revenue Note, Series 1989 (Cottages of
Maplewood Project), in the aggregate principal amount
of $264,000 (the "Note ") ;
5) the amount estimated to be necessary to
finance the costs of the Project, including the costs
and estimated costs permitted by Section 469.157 of
the Act, in addition to the issuance of the Bonds and
other moneys to be contributed by the Company, will
requ ire the issuance of the Note in the principal
amount of $264,000 as hereinafter provided;
6) it is desirable, feasible and consistent
with the objects and purposes of the Act to issue the
Note, for the purpose of financing a portion of the
costs of the Project;
7) under the terms of the Loan Agreement, the
Company has agreed to the repayment of the sums
borrowed pursuant thereto;
8) in connection with the issuance of the Note
and the Bonds, the Company will enter into a
Regulatory Agreement dated as of May 1, 1989 the
Issuer and Bond Trustee (the "Regulatory Agreement ")
and will execute a Declaration of Restrictive
Covenants dated as of May 1, 1989 (the "Declaration ")
relat ing.to compliance with certain federal, state and
local requirements applicable to the Project;
7 5 -18 -89
9) to provide additional security for the
repayment of the Note, Mid America Bank Maplewood, a
state banking corporation, organized under the laws of
the State of Minnesota, has ' agreed to issue its
Irrevocable Standby Letter of Credit (the "Initial
Credit ") to secure the payment of the principal and
interest on the Note; and
10) 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.
1 -4. Authorization and Ratification of
P -1e-
The City has heretofore and does hereby
authorize the Company, in accordance with the
provisions of the Act and subject to, among other
things, the terms and conditions set forth in the
Disbursing Agreement, to provide for the construction
and installation of the Project pursuant to the Plans
and Specifications by such means as shall be available
to the Company and in the manner determined by the
Company, 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 Company consistent with and in anticipation of
such authority and in compliance with the Plans and
Specifications*
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note.
The Note issued pursuant to this
Resolution shall be in substantially the form set
forth herein, with such appropriate variations,
omissions and insertions as are 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 $264,000, unless a duplicate Note
is issued pursuant to Section 2 -7, The Note shall be
in substantially the following form:
8 5 -18 -89
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Multifamily Housing Revenue Note, Series 1989
Cottages of Maplewood Project)
H
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the "City ") hereby promises to pay_
in
Minnesota, its successors or registered
assigns (the "Lender "), from the source and in the
manner hereinafter provided, the principal sum of
AND /100 DOLLARS ($
or so much thereof as remains unpaid from time to
time (the "Principal Balance "), with interest at the
rate of percent ( %) per annum, 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. The principal of and interest on this
Note shall accrue and be payable as follows:
a) Interest. Interest on the
Principal Balance of this Note shall
accrue from and after the date of this
Note and shall be payable on February 1,
May 1, August 1 and November 1 of each
year, (each an "Interest Payment Date "),
commencing on August 1, 19890
b) Principal Installments of the
Principal Balance of the Note shall mature
on May 1, in the years and set
forth below:
Payment Date Amount
1994 $
1995
1996
1997
1998
1999
9 5 -18 -89
i
2. In any event, the payments hereunder
shall be sufficient to pay all principal and interest
due, as such principal and interest becomes due, and
to pay any premium or service charge, at maturity,
upon redemption, or otherwise. Interest shall be
computed on the basis of a 360 day year, but charged
for the actual number of days elapsed in a 365 day
year.
3. Principal and interest and premium, if
any, or any service charge due hereunder shall be
payable at the principal office of the Lender, or at
such other place as the Lender may designate in
writing.
4. This Note is issued by the City to
provide funds to be loaned to the Company pursuant to
a Loan Agreement dated as of May 1, 1989, by and
between the City and Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the
Company") to assist in the financing of a rental
housing project. Use and operation of the Project
will be subject to certain requirements and tax
covenants contained in a Regulatory Agreement dated as
of May 1, 1989, by and between, among others, the City
and the Company (the "Regulatory Agreement ") and a
Declaration of Restrictive Covenants dated as of May
1 1989, executed by the Company (the "Declaration "),
which will be recorded as covenants running with the
land and requiring compliance with federal and state
requirements similar to those contained in the
Regulatory Agreement. This Note is further issued
pursuant to and in full compliance with the
Constitution and laws of the State of Minnesota,
particularly, Minnesota Statutes, Chapter 462C, and
pursuant to a resolution of the City Council duly
adopted on April 20, 1989 (the "Resolution ").
5. Capitalized terms used herein shall
have the following meanings and if not defined herein
shall have the same meaning given them in the Note
Resolution or Loan Agreement:
A. "Bank" means Town and Country
State Bank of Maplewood, in Maplewood,
Minnesota, or any subsequent entity,
providing a Replacement Credit;
B. "Credit" means the.Initial
Credit and any Replacement Credit;
10 5 -18 -89
C. "Credit Agreement" means the
agreement by and between the.Lender and
the Company, pursuant to which the terms
under which the Lender may draw on a
Credit are set forth;
D. "Initial Credit" means the
irrevocable standby letter of credit
issued by Town and Country with respect to
the Note in an amount. equal.to the sum of
i) the outstanding principal amount of
the.Note, and (ii) 195 days interest
thereon;
E. "Replacement Credit" means a
letter of credit issued to replace an
existing Credit; and
F. "Town and Country" means Town
and Country State Bank of Maplewood, a
Minnesota state banking corporation;
6. This Note is secured by a Pledge
Agreement of even date herewith by the City to the
Lender (the "Pledge Agreement ") and by the Initial
Credit issued by Mid America Bank Maplewood, which
expire on The Company is
required, in accordance with the Loan Agreement, to
provide the Initial Credit or a Replacement Credit,
until the Final Maturity Date of the Note in an amount
equal to the sum of (i) the outstanding Principal
Balance of the Note, and (ii) at least 195 days
interest thereon. The Initial Credit or any
Replacement Credit may be replaced upon satisfaction
of the conditions therefore stated in the Loan
Agreement. The Lender may draw on the Initial Credit
or any replacement Credit upon the terms set forth in
the Credit Agreement dated as of May 1, 1989, executed
by the Company in favor of the lender (the "Credit
Agreement "). The proceeds of the Note are to be
placed in the Construction Fund established pursuant
to the Resolution and the Disbursing Agreement
hereinafter referred to), and the disbursement of the
proceeds of this Note from the Construction Fund is
subject to the terms and.conditions of a Disbursing
Agreement of even date herewith among the City, the
Company and Commonwealth Land Title Insurance Company
the "Disbursing Agreement")*
7. The City, for itself, its successors
and assigns, hereby waives demand, presentment,
protest and notice of dishonor; and to the extent
11 5 -18 -89
permitted by law, the Lender may extend interest
and /or principal of or any service charge or premium
due on this Note, including the Final Maturity Date,
all without notice.to or consent of any party liable
hereon or thereon and without releasing any such party
from such liability and whether or not as a result
thereof the interest on the Note is no longer exempt
from the federal income tax. In no event, however, -
may the Final Maturity Date be extended beyond thirty
30) .years from the date hereof*
8. This Note may not be prepaid prior to
May 1, 1993. Beginning on May 1 1993, this Note may
be prepaid in whole, but not in part, on May 1, 1993
upon payment of a premium of two percent (2 %). The
premium for prepayment shall decrease one percent (1%)
on each May l thereafter. Beginning with May 1, 1995,
this Note may be prepaid in whole but not in part,
without premium.
9. This Note is also subject to
prepayment, without premium, to the extent that there
are any surplus sums held in the Construction Fund as
provided under Section 6 of the Disbursing Agreement.
10. In the event of prepayment of this
Note, the Lender shall apply any such prepayment
against the applicable prepayment premium, if.any,
then against the accrued interest on the Principal
Balance and finally against the final principal
amounts due under the Note. The monthly payments due
under paragraph 1 hereof, shall continue to be due and
payable in full until the entire Principal Balance and
accrued interest on this Note have been paid
regardless of any partial prepayment made hereunder.
11. As provided in the Resolution and
subject to certain limitations set forth therein, this
Note is only transferable upon the books of the City
at the office of the Manager, 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
Manager, duly executed by the Lender or its duly
authorized agent. Upon such transfer the Manager will
note the date of registration and the name and address
of the new registered owner 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
12 5 -18 -89
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.
120 All of the agreements, conditions,
covenants, provisions and stipulations contained in
the Resolution, the Loan Agreement, the Pledge
Agreement, the Credit Agreement, the Regulatory
Agreement, the Declaration and the Disbursing
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.
13. This Note and interest thereon and
any service charge or premium due hereunder are
payable solely form the revenues and proceeds derived
from the Loan Agreement and Credit Agreement, and do
not constitute a debt of the City within the meaning
of any constitutional or statutory limitation,m 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*
14. It is agreed that time is of the
essence of this Note. If an Event of Default ( as that
term is defined in the Loan Agreement) shall occur,
when the Lender shall have the right and option to
declare, without prior notice of any kind, the
Principal Balance and accrued interest thereon,
immediately due and payable, whereupon the same, plus .
any premiums or service charges, shall be due and
payable, but solely from sums made available under the
Loan Agreement, the Credit Agreement and the
13 5 -18 -89
Disbursing Agreement. Failure to exercise such option
at any time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
15. The remedies of the Lender, as
provided herein and in the Credit Agreement, the Loan
Agreement, the Pledge Agreement and the Disbursing
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 exercise 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.
16. 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.
17. 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.
18. It is recognized that the obligations
of the Company are non- recourse obligations to the
extent provided in Section 6.08 of the Loan Agreement.
IT IS HERESY 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 Manager and has
caused the corporate seal to be affixed hereto, and
has caused this Note to be dated May 1, 1989,
CITY OF MAPLEWOOD, MINNESOTA
14 5 -18 -89
Mayor
Attest:
SEAL)
Manager
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal
Balance of this Note and the interest accruing thereon
is registered on the books of the City of Maplewood in
the name of the holder last noted below.
Date of Name and Address Signature of
Registration Registered Owner Manager
1989
2 -2, The Initi Note.
The Note shall be dated as of the date
delivery, shall be payable at the times and in the
manner, shall bear interest at the rate, and shall be
subject to such other terms and conditions as are set
forth therein.
2 -3. Execut
The Note shall be executed on behalf of
the City by the signatures of its Mayor and Manager
and shall be sealed with the seal of the City. In
case any officer whose signature shall appear on the
Note shall cease to be such officer before the
delivery of the Note, such signature shall
nevertheless be valid and-sufficient for all purposes,
the same as if had remained in office until delivery.
In the event of the absence or disability of Mayor or
the Manager such officers of the City as, in the
opinion of the City Attorney, may act in their behalf,
15 5 -18 -89
shall without further act or authorization of the City
Council execute and deliver the Note.
2 -4. Delivery of Initial Note.
Before delivery of the Note there shall be
filed with the Lender (except to the extent waived by
the Lender) the following items:
1) an executed copy of each of the following documents:
A) the Loan Agreement;
B) the Pledge Agreement;
C) the Initial Credit;
D) the Credit Agreement;
E) the Disbursing Agreement;
F) the Regulatory Agreement;
G) the Declaration;
2) an opinion of Council for the Company as prescribed by
Bond Counsel;
3) the opinion of Bond Counsel as to the
validity and tax exempt status of the Note;
4) such other documents and opinions as Bond
Counsel may reasonably require for purposes of
rendering its opinion required in subsection (3) above
or that the Lender may reasonably require for the
closing.
2 -5. Disposition of Note Proceeds.
1) There is hereby established a
Construction Fund to be held by Title as a separate
account of the City as provided in the Disbursing
Agreement. Upon delivery of the Note to Lender, the
proceeds of the Note shall be credited to the
Construction Fund held by Title on behalf of the City,
at which time the entire principal amount of the Note
shall be deemed advanced, and Title shall, on behalf
of the City, disburse funds from the Construction Fund
for payment of Project Costs upon receipt of such
supporting documentation as Title may deem reasonably
necessary, including compliance with the provisions of
the Disbursing Agreement. Title or the Company shall
16 1 5 -18 -89
provide the City with a full accounting of all funds
disbursed for Project Costs.
2) Any surplus in the Construction Fund
shall be applied towards the prepayment of the Note as
provided in the Disbursing Agreement and shall not be
invested to produce a yield greater than the yield on
the Note, as required by Internal Revenue Service
Revenue Procedure 79 -5 Revenue Procedure 81 -22 and 26
CFR 601.201 (and any subsequent amendments,
modifications or replacements thereof); provided that,
if the Lender receives an opinion of Bond Counsel that
the exemption from federal income taxation of interest
on the Notes will not be jeopardized, the surplus
funds may be invested at a yield greater than the
yield on the Note.
2 -6. Registration of Transfer.
The City will cause to be kept at the
office of the Manager a Note Register in which,
subject to such reasonable regulations as it may
prescribe, the City shall provide for the registration
of transfers of ownership of the Note. The Note shall
be initially registered in the name of the Lender and
shall be transferable upon the Note Register by the
Lender in person or by its agent duly authorized in
writing, upon surrender of the Note together with a
written instrument of transfer satisfactory to the
Manager, duly executed by the Lender or its duly
authorized agent. The following form of assignment
shall be sufficient for said purpose.
For value received hereby
sells, assigns and transfers unto the within Note of
the City of Maplewood, Minnesota, and does hereby
irrevocable constitute and appoint
attorney to transfer said Note on the books of said
City with full power of substitution in the premises.
The undersigned certificates that the transfer be made
in accordance with the provisions of Section 2 -9.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of
registration and the name and address of the new
Lender in the Note Register and in the registration
blank appearing on the Note.
17 5 -18 -89
2 -7. Mutilated, Lost or Destroyed Note.
In case any Note issued hereunder shall
become mutilated or be destroyed or lost, the City
shall, if not then prohibited bylaw, cause to be
executed and delivered, a new Note of like outstanding
principal amount, number and tenor in exchange and
substitution for and . upon cancellation of such
mutilated Note, or in lieu of and in substitution for
such Note destroyed or lost, upon the Lender's paying
the reasonable expenses and charges of the City in'
connection therewith, and in the case.of a Note
destroyed or lost, the filing with the City of
evidence satisfactory to the City with indemnity
satisfactory to it. If the mutilated, destroyed or
lost Note has already matured or been called for
redemption in accordance with its terms, it shall not
be necessary to issue a new Note prior to payment.
2 -8. Ownership of Note.
The City may deem and treat the person in
whose name the Note is last registered in the Note
Register and by notation on the Note whether or not
such Note shall be overdue, as the absolute owner of
such Note for the purpose of receiving payment of or
on account of the Principal Balance, redemption price
or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the
contrary.
2 -9. Limitation on Note Transfers.
The Note has been issued without registration
under state or other securities laws, pursuant to an
exemption for such -issuance; and accordingly, the Note
may not be assigned or transferred in whole or part,
nor may*a participation interest in the Note be given
pursuant to any participation agreement, except in
accordance with an applicable exemption from such
registration requirements.
2 -10. Issuance of New Notes.
Subject to the provisions of Section 2 -9,
the City shall, at the request and expense of the
Lender, issue a new note, in aggregate outstanding
principal amount equal to that of the Note
surrendered, and of like tenor except as to principal
amount and registered in the name of the Lender or
such transferee as may be designated.by the Lender.
18 5 -18 -89
ARTICLE THREE
GENERAL COVENANTS
3 -1. Payment of Principal and Interest.
The City covenants that it will promptly
pay or cause to be paid the principal of and interest
on the Note at the place, on the dates., solely from
the source and in the manner provided herein and in
the Note. The principal and interest are payable
solely from and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement,
the Credit Agreement and the Disbursing Agreement,
which revenues and proceeds are hereby specifically
pledged to the payment thereof in the manner and to
the extent specified in the Note, the Loan Agreement,
the Pledge Agreement, the Disbursing Agreement and the
Credit Agreement; and nothing in the Note or in this
Resolution shall be considered as assigning, pledging
or otherwise encumbering any other funds or assets of
the City*
3-2. Performance of and Authority for Covenants.
The City covenants that it will faithfully
perform at all times any and all covenants,
undertakings, stipulations and provisions contained in
this Resolution, in the.Note executed, authenticated
and delivered hereunder and in all proceedings of the
City Council pertaining thereto; that it is duly
authorized under the Constitution and laws of the
State of Minnesota including particularly and without
limitation the Act, to issue the Note authorized
hereby, pledge the revenues and assign the Loan
Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and the
Pledge Agreement, that all action on its part for the
issuance of the Note and for the execution and
delivery thereof has been duly effectively taken; and
that the Note in the hands of the Lender is and will
be a valid and enforceable special limited obligation
of the City according to the terms thereof*
3 -3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants
and obligations of the Company under the Loan
Agreement and Disbursing Agreement, upon request of
the Lender and being indemnified to the satisfaction
of the Authority for all expenses and claims arising
therefrom, and to perform all covenants and other
19 5 -18 -89
provisions pertaining to the City contained in the
Note, the Loan Agreement and the Disbursing Agreement,
V subject to the provisions of Section 3 -4 hereof.
3 -4. Nature of Security.
Notwithstanding anything contained in the
Note, the Credit Agreement, the Disbursing Agreement,
the Loan Agreement, the Pledge Agreement or any other
document referred to in Section 2 -4 to the contrary,
under the provisions of the 'Act the Note may not be
payable from or be a charge upon any funds of the City
other than the revenues and proceeds pledged to the
payment thereof, nor shall the City be subject to any
liability thereon, nor shall the Note otherwise
contribute or give rise to a pecuniary liability of
the City or, to the extent permitted by law, any of
the City's officers, employees and agents. No holder
of the Note shall ever have the right to compel any
exercise of the taxing power of the City to pay the
Note or the interest thereon, or to enforce payment
thereof against any property of the City other than
the revenues pledged under the Pledge Agreement; and
the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of
the City; and the Note shall not constitute a debt of
the City within the meaning of any constitutional or
statutory limitation; but nothing in the Act impairs
the rights of the Lender to enforce the covenants made
for the security thereof as provided in this
Resolution, the Loan Agreement, the Pledge Agreement,
the Credit Agreement, the.Disbursing Agreement and in
the Act, and by authority of the Act the City has made
the covenants and agreements herein for the benefit of
the Lender;l provided that in any event, the agreement
of the city to perform or enforce the covenants and
other provisions contained in the Note, the Loan
Agreement, the Pledge Agreement and the Disbursing
Agreement, shall be subject at all times to the
availability of revenues under the Loan Agreement
sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject
to any personal or pecuniary liability thereon.
3 -5. Preservation of Tax Exempt Status of the Note.
1) In order to preserve the tax exempt
status of the Note, the City covenants that it shall
take such actions as are required and within its
reasonable control to prevent the interest on the Note
from becoming taxable for federal income tax purposes
for the owners thereof (other than any owner who is a
20 5 -18 -89
N
substantial user" or "related person thereto" within
the meaning of Section 148 of the Code) including but
not limited to taking all actions required of it under
Section 148 of the Code. To this end, the City shall:
A) cause the Company to maintain records
identifying all "gross Proceeds" attributable to the
Note, the yield at which such gross proceeds are
invested, any arbitrage profit derived therefrom, and
any earnings derived from the investment of such
arbitrage profit;
8) make and maintain on file all annual
determinations of the amount, if any, of excess
arbitrage required to be rebated to the United States;
C) rebate to the United States at lease
once every five years the amount, if any, which is
required to be rebated to the United States, including
the last installment which shall be made no later than
60 days after the day on which the.Note is paid in
full;
D) not invest "gross proceeds" in any
acquired nonpurpose obligations so as to deflect
arbitrage otherwise payable to the United States as a
prohibited payment" to a third party;
E) refrain from investing any "gross
Proceeds" allocable to the Note in acquired no npurpose
obligations at a yield in excess of the.yield on the
Note to the extent such gross proceeds exceed in any
calendar year more than 150% of the debt service
requirements for the Note in that calendar year; and
F) retain on file all records of the
annual determination of the rebate amount until six
6) years after the retirement of the Note.
ARTICLE FOUR
MISCELLANEOUS
4 -1. Severability.
If any provision of this Resolution shall
be held or deemed to be or shall, in fact, be
inoperative or unenforceable as applied in any
particular case in any jurisdiction or jurisdictions
or in all jurisdictions or in all cases because it
conflicts with any provisions of any constitution or
statute or rule or public policy, or for any other
21 5 -18 -89
reason, such circumstances shall not have the effect
of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of
rendering any other provision or provisions herein
contained invalid, inoperative, or unenforceable to
any extent whatever. The invalidity of any one or
more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining
portions of this Resolution or any part thereof.
4 -2. Authentication of Transcript.
The officers of the City are directed to
furnish to Bond Counsel certified copies of this
Resolution and all documents referred to herein, and
affidavits or certificates as to all other matters
which are reasonably necessary to evidence the
validity of the Note. All such certified copies,
certificates and affidavits, including any heretofore
furnished, shall constitute recitals of the City as to
the correctness of all statements contained therein.
4 -3. Registration of Resolution.
The City Manager is authorized and
directed to cause a copy of this Resolution to be
filed with the County Auditor of Ramsey County, and to
obtain from said County Auditor a certificate that the
Note as a bond of the City has been duly entered upon
his bond register.
4-4. Authorization to Execute iAareements .
The forms of the proposed Loan Agreement, the PledgeAgreementandtheDisbursingAgreement, are hereby approved in
substantially the form heretofore presented to the City Council,
together with such additional details therein as may be necessaryandappropriateandsuchmodificationsthereof, deletions
therefrom and additions thereto as may be necessary and
appropriate and approved by Bond counsel prior to the execution of
the documents., and the mayor and Manager of the City are
authorized to execute the Loan Agreement, the Pledge Agreement and
the Disbursing Agreement in the name of and on behalf of the CityandsuchotherdocumentsasBondCounselconsiderappropriatein
connection with the issuance of the Note. In the event of the
absence or disability of the Mayor or the Manager such officers of
the City as, in the opinion of the City Attorney, may act in their
behalf, shall without further act or authorization of the CityCouncildoallthingsandexecuteallinstrumentsanddocuments
required to be done or executed by such absent or disabled
officers. The execution of any instrument by the appropriateroriate
officer or officers of the City herein authorized shall be
22 5 -18 -89
conclusive evidence of the approval of such documents in
k accordance with the terms hereof.
Adopted: Apri1'20, 1989
Mayor of the City of Maplewood
Attest:
Manager
Seconded by Councilmember Rossbach. Ayes - all.
d. Councilmember Anderson introduced the following
resolution and moved its adoption:
89 - 5 - 78
RESOLUTION AUTHORIZING THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE
BONDS, SERIES 1989 TO FINANCE A PROJECT
AND PROGRAM THEREFORE AND AUTHORIZING
THE EXECUTION OF VARIOUS
DOCUMENTS IN CONNECTION THEREWITH
COTTAGES OF MAPLEWOOD PROJECT- -
FHA INSURED MORTGAGE LOAN)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, as follows:
1. The Council has previously
received a proposal from
Cottages of Maplewood Limited Partnership, a Minnesota
limited partnership (the "Company ") that the City of
Maplewood (the "City ") undertake a multifamily housing
development program to finance a portion of the costs
of a certain residential rental project as herein
described, pursuant to Minnesota Statutes, Chapter
462C (the "Act "), through the issuance by the City of
its $2,230 Multifamily Housing Revenue Bonds,
Series 1989 (Cottages of Maplewood Project - FHA
Insured Mortgage Loan) (the "Bonds ") and in accordance
with a Bond Purchase Agreement (the "Bond Purchase
Agreement" between the City and the Company, and Juran
and Moody, Inc., (the "Bond Purchaser ").
2. The Company desires to construct on certain
real estate owned by it and located in the City, a 59-
unit multifamily housing rental facility (the
Project "). The Project will provide rental housing
to low and moderate income persons (as described
23 5 -18 -89
below) and to elderly persons and will otherwise
further the policies and purposes of the Act. Public
hearings on the Project and the financing program
therefor were duly held by the City Council on
December 14, 1987 and November 14, 1988. The findings
made in the Preliminary Resolution adopted by this
City Council on December 14, 1987 with respect to the
Project, the Bonds and the Note are hereby ratified,
affirmed and approved.
3. It is proposed that, pursuant to a Loan
Agreement to be dated as of May 1, 1989, between the
City as Lender and the Company as Borrower (the "Loan
Agreement "), the City loan the proceeds of the Bonds
to the Company to finance in part the costs of the
Project. The Basic Payments to be made by the Company
under the Loan Agreement are fixed so as to produce
revenue sufficient to pay the principal of, premium.,
if any, interest on, and the purchase price of, the
Bonds when due: It is further proposed that the City
assign its rights to the Basic Payments and certain
other rights under the Loan Agreement to American
National Bank and Trust company, a national banking
association located in St. Paul, Minnesota (the
Trustee ") as security for payment of the Bonds under
an Indenture of Trust dated as of May 1, 1989 between
the City and the .Trustee (the "Indenture " ).
4. The operation and occupancy of the Project
will be subject to the terms and conditions of a
Regulatory Agreement dated as of May 1, 1989, between
the City, the Trustee and the Company (the "Regulatory
Agreement ") and a Declaration of Restrictive Covenants
the "Declaration ") dated as of May 1, 1989, executed
by the Company and recorded as covenants and
restrictions running with the land on which the
Project is to be located. The Bond Proceeds loaned
pursuant to the Loan Agreement will be used to fund a
mortgage loan made to the Company to finance the
acquisition, construction and installation of the
Project, which mortgage loan will be insured by the
Federal Housing Administration ( "FHA") of the United
States Department of Housing and Urban Development
HUD ") as further described in the Official Statement
as defined below) and to fund a reserve fund.
5. The City and the Company will enter into a
Development Agreement dated as of April 1, 1989 (the
Development. Agreement ") relating to certain tax
increment financing assistance to be granted by the
City to the Project.
24 5 -18 -89
6. This Council, by action taken on December
14, 1987, gave preliminary approval (the "Preliminary
Resolution ") to the proposal for the Project and the
financing program therefor. The Minnesota Housing
Finance Agency has given approval to the proposed
financing program for the.Project by issuing its
nonrejection letter under the Act. The City obtained
allocation of Bonding Authority pursuant to Chapter
474A.091 on or about November 28, 1988 and filed a
Carry- forward Election for such allocation on December
22, 1988 under Section 146(f) of the Internal Revenue
Code of 1986, as amended. The findings of the City
Council of the City made in the Preliminary Resolution
with respect to the Project are hereby ratified,
affirmed and approved.
7. Forms of the following documents relating to
the Bonds have been submitted for review to the City
Attorney and to the City Council for approval:
a) the Loan Agreement;
b) the Indenture;
c) the Regulatory Agreement;
d) the Declaration (not executed by the City);
e) the bond Purchase Agreement;
f) the Development Agreement; and
g) the Preliminary Official Statement (not
executed by the City).
8. It is hereby found, determined and declared that:
a) the Project described in the Loan Agreement
and Indenture referred to above constitutes a Project
authorized by the Act and the financing program for
the Project is authorized by the Act;
b) the purpose of the Project and the
financing program for the Project is, and the effect
thereof will be, to promote the public welfare by the
construction, installation and equipping of a rental
housing facility for assisting persons of low income
and elderly persons within the City to obtain decent,
safe and sanitary housing at rentals they can afford;
c) the Project is to be located within the
City limits, at a site which is easily accessible to
25 5 -18 -89
persons residing within the City and the surrounding
communities;
d) the construction and installation of the
Project, the issuance and sale of the Bonds, the
execution and delivery by the City of the Loan
Agreement, the Indenture, the Regulatory Agreement,
the Bond Purchase Agreement and the Development
Agreement (collectively, the "Agreements "), and the
performance of .all covenants and agreements of the
City contained in the Agreements, and of all other
acts and things required under the constitution and
laws of the State of Minnesota to make the Agreements
and the Bonds valid and binding obligations of the
city in accordance with their terms, are authorized by
the Act;
e) it is desirable that the Company be
authorized, in accordance with the provisions of the
Act and subject to the terms and conditions set forth
in the Loan Agreement, the Regulatory Agreement and
the Declaration (which terms and conditions the City
determines to be necessary, desirable and proper), to
construct and install the Project by such means as
shall be available to the Company and in the manner
determined by the Company, and with or without
advertisement for bids as required for the acquisition
and installation of municipal facilities;
f) it is desirable that the Bonds be issued by
the City upon the terms set forth in the Indenture;
g) the Basic Payments under the Loan Agreement
are fixed to produce revenues sufficient to provide
for the prompt payment of principal of, premium, if
any, interest on, and the purchase price of, the Bonds
issued under the Indenture when due, and the Loan
Agreement, Regulatory Agreement, Declaration and
Indenture also provide that the Company is required to
pay all expenses of the operation and maintenance of
the Project, including, but without limitation,
adequate insurance thereon and insurance against all
liability for injury to persons or property arising
from the operation thereof, and all taxes and special
assessments levied upon or with respect to the Project
Premises (as defined in the Indenture) and payable
during the term of the Loan Agreement, Regulatory
Agreement, Declaration and Indenture; and
h) under the provisions of Minnesota Statutes,
Section 462C.07, and as provided in the Loan Agreement
and Indenture, the Bonds are not to be payable from or
26 5 -18 -89
Bonds. The City hereby finds that the information
contained in the section of the Preliminary Official
Statement captioned "the Issuer" does not contain any
untrue statement and hereby approves in substantiallytheformsubmittedtotheCityCouncilatthismeetingsuchinformationforinclusionintheOfficial
Statement; and the City hereby ratifies, confirms and
consents to the use of said section in the Official
Statement in connection with the sale of the Bonds.
The city has not prepared nor made any independent
investigation of the information contained in the
Preliminary Official Statement (other than the section
therein captioned "the Issuer ").and takes no
responsibility for such information.
12. The Bonds shall bear interest at a rate or
rates, not to exceed ten percent (10 %) per annum
established by the Company, the Bond Purchaser., and
the Pricing Committee hereinafter referred to. There
is hereby appointed a Pricing Committee to which is
hereby delegated the power and authority to agree with
the Company and Bond Purchaser on the interest rates
for each maturity. The Mayor and City Manager are
hereby appointed by the City to the Pricing Committee,
with full power and authority to bind the City,Y
subject to the limitations stated herein.
13. The City shall proceed forthwith to issue its
Bonds, in the form and upon the terms set forth in the
Indenture. The Bonds shall mature on the dates as set
forth in the Indenture. The offer of the Bond
Purchaser to purchase the Bonds at
percent (.%) of their principal amount, plus
accrued interest to the date of delivery is hereby
accepted. The Mayor and City Manager are authorized
and directed to prepare and execute the Bonds as
prescribed in the Indenture and to deliver them to the
Trustee for authentication and delivery to the bond
Purchaser.
14. The Mayor and City Manager and other
appropriate officers of the City are authorized and
directed to prepare and furnish to the Bond Purchaser
certified copies of all proceedings and records of the
City relating to the Bonds, and such other affidavits
and certificates as may be required to show the facts
relating to the legality of *the Bonds as such facts
appear from the books and records in the officers'
custody and control or as otherwise known to them; and
all such certified copies, certificates and
affidavits, including any heretofore furnished, shall
28 5 -18 -89
constitute representations of the City as to the truth
of all statements contained therein.
15. The approval hereby given to the Agreements
and the various other documents referred to in
paragraphs 7 and 10 above includes approval of (a)
such additional details therein as may be necessary
and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be
necessary and appropriate and approved by Bond
Counsel, the City Attorney and the City officials
authorized herein to execute said documents prior to
their execution and (b) such additional documents,
agreements or certificates as may be necessary and
appropriate in connection with the Agreements and with
the issuance and sale of the Bonds and approved by
Bond Counsel, the City Attorney and City officials
authorized herein to execute said documents prior to
their execution; and said City Attorney and City
officials are hereby authorized to approve said
changes or additional documents, agreements or
certificates on behalf of the City. The execution of
any instrument by the appropriate officer or officers
of the City herein authorized shall be conclusive
evidence of the approval of such documents in
accordance with the terms thereof and hereof. In the
absence (or inability) of the Mayor or City Clerk or
City Manager, any of the documents authorized by this
resolution to be executed by them may be executed by
the Acting Mayor or the Acting City Manager,
respectively.
16. It is understood and agreed that the Company
shall indemnify the City against all liabilities,
losses, damages, costs and expenses (including
attorney's fees and expenses incurred by the City)
arising with respect to the Project or the Bonds, as
provided for and agreed to by and between the Company
and the City in the Loan Agreement and the Bond
Purchase Agreement.
Passed: April 20, 19890
Mayor
Attest:
City Manager
Seconded by Councilmember Rossbach. Ayes - all.
2. Hillcrest Sanitary Sewer Project 86 -22 - Revise Assessment Roll.
29 5 -18 -89
a. Manager McGuire presented the Staff report.
b. Councilmember Rossbach moved to revise the Hillcrest Sanitary Sewer
Project 86 -22 Assessment Roll as follows:
Property I.D. 24- 29 -22 -22 -0017 be reduced to one unit - $300.00
Property I.D. 24- 29 -22 -22 -0016 be reduced to one unit - $300.00
Seconded by Mayor Greavu.Ayes - all.
3. Walter Street, Project 84 -14, Review Assessment Roll
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved that the assessment for PIN 16- 29 -22 -42 -0080 remain
as presented. (SilberbauerZ
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and
Rossbach.
C. Mayor Greavu moved that the assessment for PIN 16- 29 -22 -42 -0013 be reduced
from $10,144.95 to $7500.00. (Johnson)
Seconded by Councilmember Anderson.Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and
Rossbach.
4. Planning Commission Survey
a. Manager McGuire presented the Staff report.
b. Commissioner Lorraine Fischer presented her opinion of reducing the Planning
Commission.
C. Gary Gerke, an applicant for the Planning Commission, stated he feels
eleven members are needed.
d. Councilmember Juker moved to table. this item until after meeting with
the Planning Commission and not to fill the vacancies.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
30 5 -18 -89
5. Pay Equity /Comparable Worth
a.. Manager McGuire presented the Staff report.
b. Mayor Greavu moved.to adopt the following pay schedule for the.Staff
Services Coordinator effective May 15, 1989, with the understanding that
it be re- evaluated in two years:
5/15/89 5/15/90 5/15/91
3214 /Month $ 3408 /Month $3612 /Month
Seconded by Councilmember ROSSbach. Ayes - Mayor Greavu, Councilmembers
Bastian and Rossbach
Nays - Councilmembers Anderson and
Juker .
H. NEW BUSINESS
1. 1988 Annual Financial Report and Audit
a. Manager McGuire presented the Staff report.
b. Council to meet with auditors at the June 22, 1989, Meeting.
2. Community Survey
a. Manager McGuire presented the Staff report.
b. Director of Parks and Recreation Odegard presented the specifics of
the survey.
C. Councilmember Anderson moved to approve the concept of a community
survey, and to direct staff to meet with consultants to discuss the City's
needs, and to have a consultant present to the City Council their Firm's
process for a community survey.
Seconded by Councilmember Rossbach. Ayes - all.
3. Request to Hire Public Works Administrative Assistant
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to authorize filling the position of
administrative assistant with the Public Works Department.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
4. Stop Signs: Brooks and Barclay
31 5 -18 -89
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved.to authorize the placement of stop_ signs in all
directions on Brooks and Barclay.
Seconded by Councilmember Rossbach. Ayes - all.
5. Keller Parkway - County Road. C Water Main, Project 88 -10, Approval of Plans
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adopt ion
89 - 5 - 79
WHEREAS, pursuant to resolution passed by the City Council on April
24, 1989, plans and specifications for Keller Parkway- County Road C Water
Main, Project 88 -10, have been prepared by the City Engineer, who has
presented such plans and specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
CITY OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are
attached.hereto and made a part hereof, are hereby
approved and ordered placed on file in the office of the
City Clerk.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The
advertisement shall be published twice, at least ten days
before the 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 9:00 A.M., on the
23rd day of June, 1989, 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 five percent of
the amount of such bid.
3. The City Clerk and City engineer are hereby authorized and
instructed to receive, open, and read aloud bids received
f
at the time and place herein noted, and to tabulate the
bids received.
Seconded by Mayor Greavu. Ayes - all.
5. Brooks Avenue Water Main, Project 88 -08: Approval of Plans
32 5 -18 -89
a. Manager McGuire presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adoption:
89 -5 -80
WHEREAS, pursuant to resolution passed by the City Council on April
10,, 1989, plans and specifications for Brooks Avenue Water Main, Hazelwood
Street to Germain Street, Project 88 -08, have been prepared by the City
engineer, who has presented such plans and specifications to the council
for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are
attached hereto and made a part hereof, are hereby
approved and ordered placed on file in the office of the
City Clerk.
2. The City Clerk shall prepare and cause to be inserted in
the.off icial 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 twice, at least ten days
before the 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 9:00 A.M., on the
16th day of June, 1989, 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 five percent of
the amount of such bid.
3. The City Clerk and City Engineer are hereby.authorized and
instructed to receive, open, and read aloud bids received
at the time and place herein noted, and to tabulate the
bids received.
Seconded by Mayor Greavu. Ayes - all.
7. Code Amendment: RE District (1st Reading)
a. Manager McGuire presented the staff report.
b. Commissioner Lorraine Fischer presented the Planning Commission
report.
C, Councilmember Rossbach moved first reading of an ordinance to correct
the language in the present code.
33 5 -18 -89
Seconded by Mayor Greavu. Ayes - all.
S. Noise Ordinance
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table this item until later in the
Agenda.
Seconded by Councilmember Anderson. Ayes - all.
9. Business Clean -Up
a. Councilmember Bastian stated there should be a business clean -up with
the hazardous waste collection day.
b. Councilmember Bastian moved to have staff investigate possible
available sites, costs, etc., for a general clean -up day and report back
to Council as soon as possible.
Seconded by Councilmember Anderson. Ayes - all.
10. Comprehensive Plan Work Session
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to the date of June 15, 1989, at
6:00 P.M. to discuss updating the Comprehensive Land Use Plan.
Seconded by Councilmember Juker. Ayes - all.
11. Ledman Vs. City of Maplewood, et al.
a. Manager McGuire presented the staff report.
b. Mayor Greavu authorized the payment of $800.00 to settle the lawsuit.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach
Councilmember Juker abstained.
12. Recreational Vehicle Permit Revocation
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins stated there have been numerous
complaints,; plus a petition signed by fifteen area residents.
C. Councilmember Bastian moved to table this item until the Monday
Meeting, May 22 1990.
34 5 -18 -89
Seconded by Councilmember Juker. Ayes - all.
13. CSO /Paramedic: Change from Part Time to Full Time
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins explained the necessity of a full
time person.
C. Mayor Greavu moved to authorize the change of the part time
CSO /Paramedic to a full time position and that $4.,65.0 be transferred from
the Contingency Fund to cover the costs.
Seconded by Councilmember Anderson. Ayes - all.
14. Approval of Claims
a. Councilmember Juker questioned several payments.
b. Mayor Greavu moved to approve payment of the following claims:
ACCOUNTS PAYABLE:
465,256.41 Checks 1722200 - 1541400
Dated 04 -28 -89 thru 05 -12 -89
S 92,581.48 Checks 010200 - 0970700
Dated 05 -18 -89
557,838.00 Total per attached voucher /check register
PAYROLL:
172,353.32 Payroll Checks
S 33,839.15 Payroll Deductions
206,193.08 Total Payroll
764,031.08 GRAND TOTAL
Seconded by Councilmember Juker. Ayes - all.
S. Code Amendment: Noise Ordinance (2nd Reading)
a. Councilmember Anderson introduced the following ordinance and moved
its adoption:
ORDINANCE NO. 642
35 5 -18 -89
AN ORDINANCE AMENDING.THE MAPLEWOOD CODE
PERTAINING TO NOISE PERMITS
FOR CONSTRUCTION
Section 1, Article III of Chapter 19 is amended as follows:
ARTICLE III. NOISE CONTROL
Sec, 19 -48. Prohibition generally; exception.
No person shall make. or cause to be made any distinctly and loudly audible
noise that unreasonably annoys, disturbs, injures or endangers the
comfort, repose, health, peace, safety or welfare of any person or
precludes their enjoyment of property or affects their property's value.
If the event or activity is sponsored by the City or authorized and has a
permit for such activity issued by the City, this prohibition does not
apply. This general prohibition is not limited by the specific
restriction of the following subdivision. Any violations of this general
prohibition, between the hours of 7:00 P.M. and 7:00 A.M., Monday through
Saturday and all day Sunday, is a per se violation of this article. (Ord.
No. 611, I 10- 15 -87)
The City Manager, or his or her designee, may waive this requirement where
the activity would not cause a nuisance and where the proposed activity
would not be within 350 feet of a residential use. The City Manager's
decision may be appealed to the City Council. A waiver within 350 feet of
a residential use must be approved by the City Council. The property
owners within 350 feet of the proposed activity shall be notified of the
waiver request at least ten days before the Council meeting. A list of
the property owners, certified by an abstract company or the County
abstract office, shall be submitted with the waiver request.
Sec. 19 -49. Domestic Power Equipment.
The normal operation of domestic power equipment shall not be subject to
the noise level limitations in Sections 19 -48 and 19 -50. Domestic power
equipment, as used herein, means power lawn mowers, hedge clippers,
edgers; chainsaws; garden tillers; mulchers; and power saws, drills,
hammers and sanders. (Ord. No. 6711, 2, 10- 15 -87)
Sec. 19 -50. Construction Activities.
All construction activities, including the use of any kind of electric,
diesel or gas - powered machine or other power equipment, shall be subject
to the provisions of this article. A copy of this article shall be
attached to each such construction permit issued by the City. The
applicant for said permit shall be required to sign said copy,
acknowledging that he or she.has read and understood it, before a permit
can be released.
Sec, 19 -51: Enforcement.
36 5 -18 -89
a) Police Department to enforce article provisions. The Maplewood
Police Department shall enforce the provisions of this article. The
Maplewood Police Department may inspect private premises other than
private residences and shall make all reasonable efforts to prevent
violations of this article.
b) Civil remedies. This article may be enforced by injunction, action
for abatement, or other appropriate civil remedy.
c) Noise impact statements. The Council may require any person applying
for a change in zoning classification or a permit or license for any
structure, operation, process, installation or alteration, or project that
may be considered a potential noise source to submit a noise impact
statement on a form prescribed by the Council. It shall evaluate each
such statement and take its evaluation into account in approving or,
disapproving the license or permit applied for or the zoning change
requested.
d) Criminal penalties. Every person who violates any provision of this
article is guilty of a misdemeanor and shall, upon conviction, be subject
to a fine of not more than seven hundred dollars ($700.00) or imprisonment
for a term of not to exceed ninety ( 90) days, or both, plus, in either
case, the costs of prosecution. Each act of violation and each day a
violation occurs or continues constitutes a separate offense. (Ord.. No.
611, 5, 10- 15 -87)
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Mayor Greavu. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Lights: White Bear Avenue and Burke
a. Councilmember Anderson stated he had received calls from the residents
in the area of White Bear Avenue and Burke requesting a street light.
b. Councilmember Anderson moved to place the request on the next agenda.
Seconded by Councilmember Bastian. Ayes - all.
2. Cable
a. Councilmember Anderson requested staff to research placing some
history of Maplewood on cable.
b. Council requested this item be added to the next agenda.
3. Fulk Manufacturing
37 5 -18 -89
a. Councilmember Juker stated that Fulk Manufacturing site is a '•mess"
and feels they be notified to clean the area up and meet all conditions of
their permit.
b. Staff will investigate.
4. Manager Meeting
a. Mayor Greavu stated the June 1st meeting with the Manager be canceled
until such time as Councilmember Rossbach has returned.
J. ADMINISTRATIVE PRESENTATIONS
10 Code Review - R -3 District
a. Tabled to a later meeting.
K. ADJOURNMENT OF MAY 18, 1989 MEETING
7:23 P.M.
L. RECONVENE: CALL MAY 22, 1989 MEETING TO ORDER
Mayor Greavu reconvened the meeting at 7:02 P.M.
M. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Mayor Greavu moved to waive the Rules of Procedure and add three items to the
Agenda .
M.I.S. Coordinator Position
Senior Citizen Building on McKnight
Lot Split on Ripley
Seconded by Councilmember Bastian. Ayes - all.
N -A APPOINTMENTS
1. H.R.C.
a. Commissioner Pat Williamson presented the Human Relations Commission
report
38 5 -18 -89
b. Dawn G. Vassar,_ the applicant, expressed her desire to serve as a
member of the H.R.C.
C. Councilmember Bastian moved to appoint Dawn G. Vassar to the Human
Relations Commission.
Seconded by Mayor Greavu.
20 H.R.C. Annual Report
Ayes - all.
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to accept the 1989 Annual Human Relations
Commission report.
Seconded by Mayor Greavu.
N. PUBLIC HEARINGS
Ayes - all.
1. 7:00 P.M., Conditional Use Permit Termination: 1564.Grandview Avenue (Suby)
a. Mayor Greavu convened the meeting for a public hearing regarding the
cancellation of a conditional use permit for David Suby, 1564 E. Grandview
Avenue, for a tool sharpening home occupation.
b. Manager McGuire presented the staff report.
C. Mayor Greavu called for proponents and opponents. None were heard.
d. Mayor Greavu closed the public hearing.
e. Councilmember Bastian moved termination of the conditional use permit
for tool sharpening home occupation at 1564 E. Grandview Avenue, since the
business is no longer in operation.
Seconded by Mayor Greavu.
3. M.I.S. Coordinator
Ayes - all.
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to authorize the hiring of an M.I.S. Coordinator to
fill the vacancy.
Seconded by Councilmember Rossbach. Ayes - all.
20 7 :10 P.M., Southwinds of Maplewood
a. Conditional Use Permit for a PUD
b. Revision of the Fred Moore PUD
C. Preliminary Plat
d. Authorization for Letter to St. Paul
39 5 -18 -89
1. Mayor Greavu convened the meeting for a public hearing
regarding the request for approval. of a conditional use permit for
a 120 -unit multi-family planned unit development on Beebe Road,
North of Larpenteur Avenue; a preliminary plat; and to delete the
requirement for the private road to Beebe Road from the Green Gate
apartments.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Commissioner Cardinal presented the Planning Commission
recommendation.
5. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following voiced their opinions:
Gayle Sheff, 2169 E. Larpenteur Ave.
Lawrence Mroszak, 2147 E. Larpenteur
Gary Fredrickson, 1753 No. Howard
Bruce Casselton, 1745 No. Howard
Helen Munson, 2135 E. Larpenteur
Resident, 2155 E. Larpenteur Ave.
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to approve the preliminary plat
for Southwinds apartments, subject to the following conditions
being satisfied prior to final plat approval:
a. Elimination of the original south roadway connection
to Beebe Road.
b. The provision and recording of cross easements running
to all lots to allow for the sale of individual lots.
C.0 Compliance with all requirements of the City
engineering Department regarding sanitary sewer, water and
storm sewer services.
d. Final grading, utility, drainage, erosion control and
street plans must be approved by the City Engineer.
e. Submittal of a signed developers agreement with
required surety for all required public streets,
utilities, erosion control, walkways and tree planting.
f. Drainage easements, as required by the City Engineer,
shall be shown on the southeast end of the plat.
40 5 -18 -89
g. A building owners association shall be required to
assure common maintenance. all legal documents creating
the association must be approved by the City Attorney.
h. A ten - foot -wide walkway easement shall be shown on the
plat from the east -west trail to Larpenteur Avenue along
the former trolley line.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
8. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 5 - 81
WHEREAS, the City of Maplewood initiated a revision to the
conditional use permit for a planned unit development (PUD) to
omit the requirement for a road from Larpenteur Avenue to the PUD
at the following- described property.
All that part of the NE 1/4 of the SE 1/4 lying westerly
of Furness . Street and all that part of the East 1/2 of the
NW 1/4 of the SE 1/4 of Section 14, Township 29, Range 22,
except the N 1/2 of the NE 1/4 of the NW 1/4 of the SE 1/4
and except that part of the NE 1/4 of the SE 1/4 lying
westerly of Furness Street.
This property is also known as the Green Gate Apartments,
Maplewood;
WHEREAS, the procedural history of this conditional use permit
is as follows:
1. This conditional use permit was reviewed by the
Maplewood Planning Commission on March 20 and
April 3, 1989. The Planning Commission
recommended to the City Council that said permit
be approved.
2. The Maplewood City Council held a public hearing
on May 22, 1989. Notice thereof was published and
mailed pursuant to law. All persons present at
said hearing were given an opportunity to be heard
and present written statements. The Council also
considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the original Fred Moore PUD is hereby amended to eliminate
41 5 -18 -89
v
the south road connection to Larpenteur Avenue on the basis of the
following findings -of - f act .
1. The use is in conformity with the City &s
comprehensive plan and with the purpose and
standards of this chapter. Said roadway is not
needed and the extension of Holloway Avenue will
provide a more beneficial general purpose access
for the neighborhood.
2. The amended CUP /PUD will not be detrimental to the
public health, safety or general welfare.
3. The amendment to eliminate the south roadway
connection will be compatible and in character
with the surrounding zoning district and the
neighborhood.in general because it will preclude
the infiltration of additional traffic into the
adjacent single - family residential area.
4. The elimination of the roadway will not depreciate
property values in the general area.
5. The elimination of the south roadway connection
will not create hazardous or detrimental
conditions for surrounding land uses.
6. The elimination of the south roadway will result
in less traffic on surrounding local streets than
would be the cas if the roadway connection were
made.
7. The amendment will have no effect on essential
public services. The roadway is not required to
facilitate fire service.
8. The amendment will not create excessive additional
requirements at public cost for public facilities
and services.
9. The amendment will have no effect on the site's
natural and scenic features.
10. The amendment will not cause adverse environmental
effects.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian
9, Mayor Greavu introduced the following resolution and moved its adoption:
42 5 -18 -89
89 - 5 - 82
WHEREAS, Continental Development Corporation initiated a
conditional use permit for a multi - family PUD in a zoning district
located easterly of Beebe Road and northerly of Larpenteur Avenue
which facility is proposed to accommodate 120 apartment units and
is described as follows:
Lot 1 Block 2 Southwinds of Maplewood 2nd Addition
WHEREAS, the procedural history of this conditional use permit
is as follows:
1. This conditional use permit was reviewed by the
Maplewood'Planning Commission on March 20 and
April 3, 1989. The Planning Commission
recommended to the City Council that said permit
be approved subject to conditions.
2. The Maplewood City Council held a public hearing
on May 22nd, 1989. Notice thereof was published
and mailed pursuant to law. All persons present
at said hearing were given an opportunity to be
heard and present written statements. The Council
also considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above. - described conditional use permit be approved for a
multi- family housing PUD on the basis of the following findings -
of -fact:
1. The use is in conformity with the City's
comprehensive plan and with the purpose and
standards of this chapter.
2. The establishment or maintenance of the use would
not be detrimental to the public health, safety or
general welfare.
3. The use would be located, designed, maintained and
operated to be compatible with the character of
that zoning district and the neighborhood in
general.
4. The use would not depreciate property values in
that it provides for an ample buffer of open space
and vegetation where it interfaces with single -
family residential areas to the east.
43 5 -18 -89
5. The use would not be hazardous, detrimental or
disturbing to present and potential surrounding
land uses, due to the noises, glare, smoke, dust,
odor, fumes, water pollution, water run -off,
vibration, general unsightliness, electrical .
interference or other nuisances.
6. The use would generate only minimal vehicular
traffic on local streets and shall not create
traffic congestion, unsafe access or parking needs
that will cause undue burden to the area
properties.
7. The use would be serviced by essential public
services, such as streets, police, fire
protection, utilities, schools and parks and will
not inordinately burden public facilities and
services.
S. The use would not create excessive additional
requirements at public cost for public facilities
and services; and would not be detrimental to the
welfare of the City.
9. The use would preserve and incorporate the site's
natural and scenic features into the development
design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated March 28, 1989,
and the conditions approved by the Community
Design Review Board.
2. All uses shall conform with the R -3 zoning
district requirements.
3. Noise levels shall not exceed PCA standards at any
residential property line.
4. No outdoor storage of recreational vehicles, boats or
trailers.
5. Removal of the proposed roadway connection from Green Gate
to Beebe Road through the subject property.
6. The trees along the north and east property liens shall
remain undisturbed.
44 5 -18 -89
7. A five- foot -wide concrete sidewalk for public use shall.be
constructed from Furness Street to Beebe Road. An eight -
foot -wide asphalt walkway shall be constructed from the
east- west path described above to the parking lot.
8. A.f ive- foot -wide concrete sidewalk shall be constructed
along Beebe Road from the north property line to
Larpenteur Avenue.
90 This permit shall be subject to review after one year from the date of
approval, based on the procedures in City code.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay . Councilmember Bastian.
10. Mayor Greavu moved to authorize staff to send a letter to
the City of St. Paul requesting them to extend their trail
north to Larpenteur Avenue.
Seconded by Councilmember Juker. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Senior Citizen Building on McKnight and Stillwater
a. Councilmember Juker stated residents in the area of McKnight and
Stillwater have called questioning where the proposed senior citizen
building is going to be located and why all the trees are being removed.
b. Staff stated the trees are being removed by Ramsey County because of
the McKnight Road project.
2. Lot Split on Ripley
a. Councilmember Juker questioned why the lot split on Ripley Street is
taking so long.
b. Staff to investigate.
H. NEW BUSINESS (Continued)
13. Recreational Vehicle Permit Revocation
a. Manager McGuire stated the Hause's have requested that this item be
delayed until the next meeting..
b. Councilmember Juker moved to direct the Manager to send a letter to
the Hause's revoking their recreational vehicle hermit.
Seconded by Councilmember Anderson. Ayes - all.
45 5 -18 -89
3. Meeting with Auditor
a. Mayor Greavu moved to meet with the auditor's at 6:30 P.M. June 26
1987.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembe rs
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
4. Hazardous Building on Kohlman.
a. Mayor Greavu moved to order an abatement clearing the iproAerty at 1346
Ko lman of the hazardous building.
Seconded by Councilmember Juker. Ayes - all.
O. VISITOR PRESENTATION
None.
P. ADJOURNMENT OF MAY MEETING
9:04 P.M.
City Clerk
46 5 -18 -89
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 12, 1990
and
4:30 P.M., Thursday, February 15, 1990
Hazelwood Fire Station, 1530 E. County Road C
Meeting No. 90 -3
A.CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held at the
Hazelwood Fire Station, 1530 E. County Road C, and was called to order at 7:00 P.M.,
by Mayor Anderson.
B.ROLL CALL
Norman G. Anderson, Mayor Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Absent
C.APPROVAL OF MINUTES
1. Meeting No. 89 -25A (November 16,1989)
Councilmember Rossbach moved to approve the Minutes of Meeting No. 89 -25A (November
16.1989) as correct:
Page 2: Item C1 -g. add "necessary to street construction"
Seconded by Mayor Anderson. Ayes - all.
2. Meeting No. 89 -25 (November 13 and 16, 1989)
Mayor Anderson moved to approve the Minutes of Meeting No. 89 -25 (November 13 and
16, 1989) as submitted.
Seconded by Councilmember Rossbach. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Anderson moved to approve the Agenda as amended:
1. Truth in Housing
2. H.C.O.
3. Ordinance Change - CDRB
4. Budget Surplus
5. Duracells
6. Water Board - Advisory Committee
7 Motorcycle Ordinance
8. Council Policies
9. White Bear Avenue Business Association
10. Suburban Area Chamber - Donation for Senior Citizens' Valentines Party
Seconded by Councilmember Rossbach. Ayes - all.
Councilmember Bastian moved that Item D -10 become Item I -10
Seconded by Councilmember Rossbach. Ayes - all.
E. CONSENT AGENDA
Councilmember Rossbach moved, seconded by Mayor Anderso Ayes - all, to app
1. Approval of Claims
ACCOUNTS PAYABLE:
341,720.48 Checks #5285 - #5370
Dated 01 -11 -90 through 01 -31 -90
160.462.77 Checks #3291 - #3496
Dated 02 -12 -90
502,183.25 Total per attached voucher /check register
PAYROLL:
190,343.92 Payroll Checks
48.860.49 Payroll Deductions
239,204.41 Total Payroll
741,387.66 GRAND TOTAL
2. Carryover of 1989 Appropriations to 1990
Approved the following General Fund carryovers:
DEPARTMENT AMOUNT ACCOUNT NUMBER FOR
City Manager's Office 4,385 101- 102 -4630 Office equipment and
furnishings for receptionist
Planning Commission 710 101 -107 -4390 Cost of planning .
commission member to
attend a national
planning conference
Public Works 32,000 101 -501 -4490 Cost to complete the
Maplewood Mall Traffic
Study and the Storm
Water Management Plan
Community Development 11,600 101 -701 -4490
48,695
Cost for planning
consultant to update the
Comprehensive Plan
Park and Recreation: $88,540 in the Capital Improvement Projects Fund be
carried over to 1990.
3. 1989 Budget change for Police Wages and Benefits.
Approved the appropriate budget changes as indicated:
Division 402 Division 403
Wages - account 4010 $32,920 $4,650
Overtime - account 4011 960 520
Leave Benefits - account 4030 5,620 560
Retirement Benefits - account 4040 5,700 870
Insurance Benefits - account 4050 3.660 520
TOTALS 48,860 $7,120
4. 1990 Budget change for Audit
Approved a 1990 budget transfer from the General Contingency account to cover
the added costs for auditing the Community Development Block Grant.
5. Modification of Tax Increment Financing Plan
Resolution No. 90 -2 -20
RESOLUTION APPROVING MODIFICATIONS TO THE TAX INCREMENT
FINANCING PLAN FOR
ECONOMIC DEVELOPMENT DISTRICT NO. 1 -3 WITHIN
DEVELOPMENT DISTRICT NO. 1
BE IT RESOLVED by the City Council (the "Council ") of the City of
Maplewood, Minnesota (the "City ") as follows:
Section 1. Recita
1.01. The City on May 8, 1989, established Economic Development
District No. 1 -3 and on October 9, 1989, modified the Tax Increment Financing
Plan for Economic Development District No. 1 -3.
1.02. The Tax Increment Financing Plan provided that the City intends
to use 100% of the tax increments derived from Economic Development District
No. 1 -3 for repayment of Tax Increment Bonds and other capital and
administration expenditures authorized by the Tax Increment Financing Plan.
1.03. In accordance with the provisions of Minnesota Statutes, Section
469.177, Subdivision 2, the City has determined to waive the receipt of tax
increments (for taxes payable in 1990) from Economic Development District No.
1 -3.
Section 2.
2.01. Economic Development District No. 1 -3 when established was
established as an economic development district within the meaning of
Minnesota Statutes, Section 469.174, Subdivision 12. The City reaffirms the
findings previously made with respect to the establishment of Economic
Development District No. 1 -3.
2.02. The Council finds that the proposed development, in the opinion
of the Council, would not occur solely through private investment within the
reasonably foreseeable future and, therefore, the use of tax increment
financing is deemed necessary. The specific basis for such finding being:
Private investment will not finance the development
activities set out in the Development Program and Tax
Increment Financing Plan for Economic Development
District No. 1 -3 because of prohibitive costs. It is
necessary to finance these development activities
through the use of tax increment financing so that
other development will occur within Development
District No. 1.
2.03. The Council further finds that the modified Tax Increment
Financing Plan for Economic Development District No. 1 -3 conforms to the
general plan for the development or redevelopment of the City as a whole. The
specific basis for such finding being:
i) Economic Development District No. 1 -3 is properly zoned;
ii) the Tax Increment Financing Plan will generally compliment and
serve to implement policies adopted in the City's comprehensive
plan.
2.04. The Council further finds that the modified Tax Increment
Financing Plan for Economic Development District No. 1 -3 will afford maximum
opportunity consistent with the sound needs of the City as a whole, for the
development of Development District No. 1 by private enterprise. The specific
basis for such finding being:
The development activities are necessary so that
development and redevelopment by private enterprise
can occur within Development District No. 1.
Section 3. Approval of the Modified Tax Increment Financing Plan
3.01. The modified Tax Increment Financing Plan for Economic
Development District No. 1 -3 is hereby approved and adopted.
3.02. The staff of the City, the City's advisors and legal counsel are
authorized and directed to proceed with the implementation of the modified Tax
Increment Financing Plan and for this purpose to negotiate, draft, prepare,
and present to this Council for its consideration all further plans,
resolutions, documents, and contracts necessary for this purpose.
6. 1989 Tax Increment Transfers
Authorized the following 1989ttransfers from the Tax Increment Fund:
To Street Construction State Aid Fund
6,100 for Project 89 -15 (Beam Avenue Traffic Signals)
To Park Development Fund
53,500 for Project 308 (Hazelwood Park)
49.900 for Project 309 (Playcrest Park)
103,400 TOTAL
7. Community Design Review Board Annual Report
Approved the 1989 Community Design Review Board Annual Report.
8. Utilities - Budget Transfer
Authorized the transfer of $700 from the 1989 Public Works Maintenance Budget
to the 1989 City Nall Maintenance Budget to cover the increased utility cost.
9. Nature Center Donation
Accepted the $150.00 donation from the Maplewood Oakdale Lions Club and
increase the Fees For Service Budget Account for the Nature Center by $150.00 (101 -
604 - 000 - 4480).
10. Proposal for Planting Plans and specifications for Playcrest Park
Approved the hiring of Wehrman Bergly Associates to prepare a planting plan
and specifications for Playcrest Park in the amount of $3,950, as outlined. Funds
for this project are in the Park Development Fund.
11. Park and Recreation Commission Annual Report
Accepted the 1989 Annual Park and Recreation Commission report.
12. Change Orders for Park Improvement 88 -2P
Approved the following change orders and funding for Park Improvement 88 -2P:
Change Order #4 - Barr Engineering - Geranium Park 189.80
Change Order #9 - Enebak Construction Company - Playcrest Park 2,197.00
Change Order #4 - Braun Engineering - Geranium Park 260.00
Change Order #5 - Braun Engineering - Sherwood Park 1,172.00
Change Order #6 - Braun Engineering - Playcrest Park 56.00
Change Order #4 funds to be transferred from account 403 -809- 332 -4720 to 403-
809- 306 -4490.
13. Resolution: Metro Self Storage Projects: Change of Financial Banking
Resolution No, 90 -2 -21
WHEREAS,
a) On October 15, 1980, the City of Maplewood (the "City ") issued its
950,000 Commercial Development Revenue Note of 1980 (Metro Self Storage Project)
the "Note ") pursuant to the terms of a Note Resolution adopted by the City on
October 2, 1980 (the "Note Resolution "); and
b) The Note was purchased by Midway National Bank of Saint Paul (the
Lender ") and is still held by the Lender; and
c) In connection with the issuance of the Note, the City and FED
Investments, a Minnesota general partnership ( "FED ") entered into a loan agreement
dated October 15, 1980 (the "Loan Agreement ") pursuant to which the City loaned to
FED the proceeds received by the City from the sale of the Note to finance the
acquisition of land at 1195 East Highway 36, and the construction thereon of an
approximately 60,000 square foot concrete block self storage facility (the
Project ") and required that the Borrower pay directly to the Lender sums sufficient
to repay the Note according to its terms; and
d) The interest of the City in the Loan Agreement has been assigned to the
Lender pursuant to an Assignment of Loan Agreement and Consent also dated October
15, 1980; and
e) In December, 1984, the Project was sold by FED to Rosewood Investment
Fund, a Minnesota Limited Partnership (the "Borrower ") which has assumed FED's
obligations under the Loan Agreement and other documents executed in connection with
the issuance of the Note; and
f) The Borrower is currently in default in its obligations to FED under the
sale documents and, as part of the negotiations regarding this default, the
Borrower, the Lender and FED, which may be resuming control of the Project, have
asked the City to modify the Note to base the monthly payments on a 30 year
amortization, all as more specifically set forth in the Amendment to Note attached
hereto as Exhibit A; and
g) In the opinion of Briggs and Morgan, Professional Association, bond
counsel to the City, the proposed modification of the Note requires the
participation of the City in order to ensure that the interest on the Note does not,
by virtue of its amendment, become subject to federal income taxation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The findings and representations contained in the Note Resolution adopted
by the City on October 2, 1980, authorizing the Note, are hereby ratified,
reaffirmed and remain in full force and effect with respect to the Note, provided
that all references to the Note in the Note Resolution shall, from and after
February 12, 1990, be deemed to refer to the Note as amended by this resolution.
2. The Mayor and City Clerk of the City are hereby authorized to execute an
amendment to the Note in substantially the form attached hereto as Exhibit A, with
such modifications or omissions as may be approved by Briggs and Morgan,
Professional Association, as bond counsel, or the city attorney for the City of
Maplewood, and any other documents (including, but not limited to, an Amendment to
the Loan Agreement in substantially the form attached hereto as Exhibit B) which, in
the opinion of Briggs and Morgan, Professional Association, as bond counsel, are
necessary to allow bond counsel to render its opinion that the amended Note
continues to bear interest which is exempt from federal income taxation, or are
otherwise required by the Lender.
14. Project 87 -20, Ferndale Street Storm Sewer (Fund 527)
Approved a budget adjustment of $30.00 to cover bond issuance costs.
F. PUBLIC HEARINGS
1. 7:00 P.M., Marks Nature Haven
a. Preliminary Plat
b. Rezoning (4 votes)
1. Mayor Anderson convened the meeting for a public hearing regarding the request
of Pacesetter Property Management, Inc., for approval of a residential subdivision for 33
single dwelling lots; rezoning of the site from F -Farm Residential to R -1 Single Dwelling
Resolution.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the specifics of the proposal.
4. Commissioner Fischer presented the Planning Commission report.
5. Greg Frank, Coombs and Frank Engineering representing the applicant spoke on
behalf of the proposal.
6. Mayor Anderson called for persons who wished to be heard for or against the
proposal. The following expressed their views:
Kevin Martin, representing Roger Singer, 1250 Dorland Road
Robert Wilds, 2410 Carver
Larry Grand, 2405 Carver
Ron Sokolik, 2371 Carver
Mark Malachy, 1288 Dorland
7. Councilmember Bastian moved to continue the public hearing to the second meeting
in February (2- 22 -90) to allow staff to obtain more information regarding the problems
stated by the area residents.
Seconded by Mayor Anderson. Ayes - all.
l f
1. Purchase of Marked Patrol Vehicles
a. Manager McGuire presented the staff report.
b. Mayor Anderson moved to authorize the purchase of 6 1990 Chevrolet Sedans
Seconded by Councilmember Bastian. Ayes - all.
Mayor Anderson called for a 5 minute recess at 8:19 P.M. Mayor Anderson reconvened
the meeting at 8:24 P.M.
I. NEW BUSINESS
1. Establish Drug Forfeiture Fund
Councilmember Bastian moved to delete Item I from the agenda
Seconded by Mayor Anderson. Ayes - all.
2. Walter Street, Project 84 -14, Change Order #2 and acceptance of Project.
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolutions and moved their
adoption
90 -2 -22
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made
Improvement Project 84 -14 and has let a construction contract pursuant to Minnesota
Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 84 -14 Change Order Two.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
Mayor and City Clerk are hereby authorized and directed to modify the existing contract by
executing said Change Order Two in the amount of $5,764.76.
The project budget is amended to $96,000. The project financing is amended as
follows:
Assessment Recovery
Sewer Depreciation Fund
General Obligation
TOTAL
52,781.88
4,780.00
38.438.12
96,000.00
90 -2 -23
WHEREAS, the City Engineer for the City of Maplewood has determined that Walter
Street, City Project 84 -14, is complete and recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
City Project 84 -14 is complete and maintenance of these improvements is accepted by the
City. Release of any retainage or escrow is hereby authorized.
Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Councilmember Juker
and Rossbach
Nay - Councilmember Bastian.
3. Upper Afton Road, Project 86 -01 - Approve Plans and No Parking Resolution
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following resolutions and moved
their adoption
90 -2 -24
WHEREAS, the City of Maplewood has planned the improvement of Upper Afton Road from
McKnight Road to T.H. 120 under State Aid Project 138 - 114 -01; and
WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of
this street; and
WHEREAS, this improvement does not provide adequate width for parking on the street;
approval of the proposed construction as a Municipal State Aid Street project must
therefore be conditioned on certain parking restrictions, and
WHEREAS, the extent of these restrictions that would be a necessary prerequisite to
the approval of this construction as a Municipal State Aid project in the City has been
determined.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the parking of motor vehicles on both sides of Upper Afton Road from McKnight Road to
T.N. 120 is banned at all times.
90 -2 -25
WHEREAS, plans for Upper Afton Road from McKnight Road to T.H. 120, Maplewood
Project 86 -07, State Aid Project 138 - 114 -01, showing proposed alignment, profiles, grades,
cross sections, storm sewer, and utility reconstruction for the reconstruction of Upper
Afton Road within the limits of the City as a State Aid project have been prepared and
presented to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED that said plans be in all things approved.
Seconded by Mayor Anderson. Ayes - all.
4. Upper Trout Brook Storm Sewer Project 88 -13 - Order Feasibility Study
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption
90 -2 -26
WHEREAS, it is proposed to construct a trunk storm sewer system to serve the Upper
Trout Brook drainage area and to assess the benefitted property for all or a portion of
the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and that he
is instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Furthermore, additional funds in the amount of $4,000 are appropriated to prepare
this feasibility report.
Seconded by Mayor Anderson.Ayes - all.
5. Holloway Avenue, Project 87 -14 - Schedule Public Hearing
a. Manager McGuire presented the staff report.
b. Mayor Anderson introduced the following resolution and moved its adoption
90 -2 -27
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of Holloway Avenue from
Beebe Road to Furness Street, City Project 87 -14 by construction of bituminous street with
concrete curb and gutter, storm sewer, water main, services, and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the
improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as
follows:
1. The report of the City Engineer advising this Council that the proposed
improvement on Holloway Avenue from Beebe Road to Furness Street, City Project 87 -14, by
construction of bituminous street with concrete curb and gutter, storm sewer, water main,
services, and appurtenances is feasible and should best be made as proposed, is hereby
received.
2. The Council will consider the aforesaid improvement in accordance with the
reports and the assessment of benefitted property for all or a portion of the cost of the
improvement according to MSA Chapter 429, at an estimated total cost of the improvement of
229,290.
3. A public hearing will be held at Hazelwood Fire Station, located at 1530 East
County Road C, on Monday, the 12th day of March, 1990, at 7:10 p.m. to consider said
improvement. The City Clerk shall give mailed and published notice of said hearing and
improvement as required by law.
Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Councilmembers
Juker and Rossbach
Nay - Councilmember Bastian.
6. Roselawn Avenue, Arcade to 35E - Schedule Public Hearing
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to establish a date of April 12, 1990, at 5:30
P.M. to discuss this project
Seconded by Councilmember Rossbach. Ayes - all.
T. A.F.S.C.M.E. 1990 Contract Settlement
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to approve the
presented
Seconded by Mayor Anderson. Ayes - all.
8. City Hall Update
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following resolution and moved its
adoption
90 -2 -28
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made
Improvement Project 89 -16 and has let a construction contract pursuant to Minnesota
Statutes,
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 89 -16, Change Order One,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
Mayor and City Clerk are hereby authorized and directed to modify the existing contract by
executing said Change Order One in the amount of $2,019.66 and a budget transfer of $2,100
is made from the General Fund Contingency account to the Project Fund.
Seconded by Councilmember Juker. Ayes - all.
9. Increase Retirement Benefits - Fire Relief Association
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to approve the
Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers
Bastian and Rossbach
Councilmember Juker abstained.
10. Suburban Chamber of Commerce Senior Citizens Valentine's Party
a. Manager McGuire presented the staff report.
b. Mayor Anderson moved to donate $200 to the
Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Councilmembers
Juker and Rossbach
Nay - Councilmember Bastian.
c. Council directed the Manager to inform the Chamber to notify Maplewood
before the party is held and also to be put on record that funds may not be
available in future years.
11. Council Policies
a. Mayor Anderson proposed three additions to the Council Policies
b. Councilmember Bastian moved to approve the addition of the following to
the Council Policies list
Council presentation shall receive a response as to what action
has been taken, this should be received at the next Council
meeting,
all material that comes into City Hall that will require City
Council action shall be stamped date and time received on the
original,
our City shall follow all ordinances that are required of anybody
else with no exceptions.
Seconded by Councilmember Rossbach. Ayes - all.
J. VISITOR PRESENTATIONS
1. Clayton Blekeberg
a. Mr. Blekeberg questioned if Maplewood require journeymen in a trade to
take a competency test.
b. Council stated they would take this question under advisement.
2. Roger Borsch, 1583 East County Road B
a. Mr. Borsch submitted a letter to the Council indicating his displeasure
regarding how he was treated by the Police Department.
b. Mayor Anderson referred the matter to Director of Public Safety Collins
and requested a written report be submitted to Council.
Seconded by Councilmember Rossbach. Ayes - all.
3. Jerol Hanson, 1783 Howard
a. Mr. Hanson questioned if Maplewood had an ordinance that required non
union contractors pay their employees the prevailing wage.
b. Council stated that requirement was only for projects that have tax exempt
financing.
4. Ron Rice, 2520 Knoll Circle
a. Mr. Rice commented on the requirement of competency testing for Maplewood.
K. COUNCIL PRESENTATIONS
1. Truth In Housing
a. Councilmember Juker questioned where the proposed Truth In Housing report
is.
b. Staff stated it is progressing.
c. Councilmember Juker
2. H.C.O.
a. Councilmember Juker questioned as to what happened to her appeal of the
question of curbs for the H.C.O. Station.
b. The curb question will be discussed at the time the C.U.P. is reviewed.
3. Ordinance CDRB
a. Councilmember Juker stated the CDRB gives approval of the building plans
and she feels any change of those plans should be reviewed by Council.
4. Budget Surplus
a. Councilmember Rossbach commented that a meeting of the legislators they
again spoke on limiting budget surplus for municipalities.
5. Duracell Batteries
a. Councilmember Bastian
Seconded by Mayor Anderson. Ayes - all.
6. Water Board Advisory Committee
a: Councilmember Bastian stated there will be a meeting February 21, 1990,
for the Water Board Advisory Board at City Hall.
T. Motorcycle Ordinance
a. Councilmember Bastian moved that staff research the noise ordinance and
submit a report to Council
Seconded by Councilmember Rossbach. Ayes - all.
8. Council Policies
Discussed as Item 1 -10
9. White Bear Avenue Businessmen Association
a. Mayor Anderson questioned if the City were members of this organization.
b. Staff stated that the City did not belong.
c. Mayor Anderson asked if the Council wished to participate in the White
Bear Avenue Parade.
d. Consensus of Council agreed to participate.
L. ADMINISTRATIVE PRESENTATIONS
None
M. ADJOURNMENT
Mayor Anderson adjourned the February 12, 1990, meeting at 9:20 P.M.
City Clerk
Jkas
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 26, 1990
Hazelwood Fire Station, 1530 E. County Road C
Meeting No. 90 -4
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held at the
Hazelwood Fire Station, 1530 E. County Road C, and was called to order at 7:00 P.M.,
by Mayor Anderson.
I
Norman G.Anderson, Mayor Present
Gary W.Bastian,Councilmember Present
Frances L.Juker, Councilmember Present
George F.Rossbach, Councilmember Present
Joseph A.Zappa, Councilmember Absent
I:1C7•l:Ii4111i<tluilRij
1. Minutes of Meeting No. 90 -1 (January 8, 1990)
Councilmember Bastian moved to approve the Minutes of Meeting No. 90 -1 (January 8.
1990) as corrected:
Page 22 and 23: Delete Item I -4 -i.
Seconded by Councilmember Rossbach.Ayes - all.
2. Minutes of Meeting No. 90 -2 (January 22 and 25, 1990) as corrected:
Mayor Anderson moved to approve the Minutes of Meeting No. 90 -2 (January 22 and 25,
1990) as corrected:
Page 22 "remand" no remind.
Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Council -
members Bastian and Rossbach
Councilmember Juker abstained.
3. Minutes of Meeting No. 90 -3 (February 12, 1990)
Councilmember Rossbach moved to hold the Minutes of Meeting No. 90 -3 (February 12,
1990) until the Meeting of March 12, 1990.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Councilmember Bastian moved to approve the Agenda as amended:
1.LMC Update
2.Elected Officials Meeting
3.Lady Birds Screening
4.Earth Week
5.Open Space
6.Police Cadets
7 Housing
8.March 5, 1990, Meeting
9.Charter Commission
10.Southwinds Settlement
Seconded by Councilmember Rossbach.
E. CONSENT AGENDA
Ayes - all.
Councilmember Bastian moved, seconded by Mayor Anderson. Ayes - all, to approve the
Consent Agenda as recommended
1. Approval of Claims
ACCOUNTS PAYABLE:
381,917.997 Checks #5352 - #5425
Dated 02 -01 -90 through 02 -14 -90
409.353.23 Checks #3516 - #3657
Dated 02 -26 -90
791,271.20
PAYROLL:
350,554.55
70372.63
420,444.27
1,212,198.38
Total per attached voucher /check register
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
E. A DISCUSSION WITH TAX ASSESSOR
1. Brian Ducklow, Ramsey County Assessor, answered questions from the Council as
to how the tax assessor assesses property, by use, by zone, etc.
2. Mr. Ducklow presented the Council with material explaining how Ramsey County
structures their taxes.
F. PUBLIC HEARINGS
1. 7:00 P.M., 380 E. Roselawn Avenue (Church of St. Jerome)
a. Conditional Use Permit
b: Variance
1. Mayor Anderson convened the meeting for a public hearing regarding the request
of the St. Jerome's Church for a conditional use permit to add on to the church and to
approve a 1.8 foot front set back variance.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the specifics of the proposal.
4. Commissioner Will Rossbach presented the Planning Commission recommendation.
S. Steven Singer, McGuire Counteau Lucke Architects, Inc., representing St.
Jerome's Church spoke on behalf of the proposal.
6. Mayor Anderson called for proponents and opponents. None were heard.
7. Mayor Anderson closed the public hearing.
8. Councilmember Bastian introduced the following resolution and moved its
adoption:
CONDITIONAL USE PERMIT RESOLUTION
90 -2 -29
WHEREAS, the Church of St. Jerome initiated a conditional use permit to operate a
church and day care facility in a farm district at the following- described property:
the N 233 ft. of E 160 ft. of W 327 31/100 ft. of SW 1/4 and S 75 ft. of N 433 ft. of W
112 of NW 1/4 of NW 1/4 of SW 1/4 and E 1/2 of sd 1/4 1/4 1/4 and W 1/2 of NE 1/4 of NW
1/4 of SW 1/4 (subj to rds) in Sec. 17 Tn. 29 Rn. 22.
This property is also known as 380 East Roselawn Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit was reviewed by the Maplewood Planning Commission
on February 5, 1990. The Planning Commission recommended to the City Council
that said permit be approved.
2. The Maplewood City Council held a public hearing on February 26, 1990. Notice
thereof was published and mailed pursuant to law. All persons present at said
hearing were given an opportunity to be heard and present written statements.
The Council also considered reports and recommendations of the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the above -
described conditional use permit be approved for an indefinite length of time on the basis
of the following findings -of -fact:
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City's comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment, or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing, or cause a nuisance to any person or property because of excessive
noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage,
water run -off, vibration, general unsightliness, electrical interference, or
other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and
would not create traffic congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of an incorporate the site's natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to adherence to the site plan, date - stamped January 17, 1990.
Seconded by Councilmember Rossbach. Ayes - all.
9. Councilmember Bastian introduced the following resolution and moved its
adoption:
VARIANCE RESOLUTION
90 -2 -30
WHEREAS, the Church of St. Jerome applied for a variance for the following- described
property:
This property is also known as 380 East Roselawn Avenue, Maplewood;
WHEREAS, Sections 36 -51 and 36 -71 (2) of the Maplewood Code of Ordinances require
that churches have at least a 30 -foot front setback;
WHEREAS, the applicant is proposing a 28.2 -foot setback, requiring a variance of 1.8
feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was reviewed by the Maplewood Planning Commission on February 5,
1990. The Planning Commission recommended to the City Council that said
variance be approved.
2. The Maplewood City Council held a public hearing on February 26, 1990 to
consider this variance. Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an opportunity to be
heard and present written statements. The Council also considered reports and
recommendations of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above -
described variance be approved on the basis of the following findings of fact:
1. The variance would meet the spirit and intent of the ordinance since the
addition would not alter the essential character of the neighborhood.
2. Requiring setback compliance would cause the building to be unbalanced from an
appearance and aesthetic standpoint as well as from a functional standpoint.
Based on these "practical difficulties ", the proposed addition would
constitute a reasonable use of the property.
3. Since the church was built prior to the existing code, proper "future"
setbacks were not contemplated at the time of the initial construction.
Compliance with code, therefore, would cause the applicant undue hardship, due
to circumstances not created by themselves.
4. The proposed addition /renovation includes widening the green area north of the
building which would provide additional buffer from the street.
Seconded by Councilmember Rossbach. Ayes - all.
2. 7:15 P.M., Mark's Nature Haven (continued from February 12, 1990)
a. Preliminary Plat
b. Rezoning (4 votes)
1. Mayor Anderson convened the meeting for a public hearing regarding the request
of Pacesetter Property Management, Inc., for approval of a residential subdivision for 33
single dwelling lots and staff is recommending a rezoning of the site from F. Farm
Residential to R -1 Single Dwelling Residential.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the specifics of the proposal.
4. Greg Frank, Combs and Frank Engineering, representing the applicant, spoke on
behalf of the proposal.
S. Mayor Anderson called for persons who wished to be heard for or against the
proposal. The following expressed their opinions:
Mark Malachy, 1288 Dorland Road
Larry Grand, 2405 Carver Avenue
Ron Sokolik, 2371 Carver Avenue
Mary Martin, representing her father, Roger Singer, 1250 Dorland Road
6. Mayor Anderson closed the public hearing.
7. Councilmember Bastian moved to deny the Mark's Nature Haven Preliminary Plat
based on the following findings:
1. extending Boxwood at this time would be premature;
2. the drainage problems that would arise from added development;
3. the drainage plan as proposed was not acceptable based on testimony of
surrounding owners; and
4. engineering data could not be verified by on site calculations.
Seconded by Councilmember Juker. Ayes - all.
8. Councilmember Bastian moved to approve the rezoning.
Seconded by Mayor Anderson.
Councilmember Bastian withdrew his motion.
9. Councilmember Bastian moved to refer the rezoning issue on this property to
staff to investigate Estate Toning
Seconded by Mayor Anderson. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Walter Street Settlement
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the following resolution and moved its
adoption:
90 -2 -31
WHEREAS, on May 8, 1989, the City of Maplewood approved the assessment of Public
Improvement Project No. 84 -14. This project was for the purpose of construction of water
main, sewer services, water services, and street construction improvements to Walter
Street between Frost Avenue and Fenton Street in the City of Maplewood.
WHEREAS, the assessment on Parcel 16- 29 -22 -42 -0013 was revised on May 18, 1989, and
reduced, and
WHEREAS, property owners Gerald E. Johnson and Delores I. Johnson, owners of the
property identified as Parcel No. 16- 29 -22 -42 -0013; and property owners Frank Silberbauer
and Patricia A. Silberbauer, owners of the property described as Parcel No. 16-29-22-42 -
00:9$ filed and perfected in a timely fashion an appeal from the levied special
assessments pertaining to their properties, and
WHEREAS, prior to trial of the assessment appeals, the owners above -named and the
City of Maplewood entered into a settlement agreement as to the amount of the assessments
to be levied against their respective properties, and
WHEREAS, the settlement agreement provides that the assessment to be levied against
Parcel No. 16- 29- 22 -42 -00 9$ shall be $12,000.00; and the assessment to be levied against
the property identified as Parcel No. 16- 29 -22 -42 -0013 shall be $4,000.00, and
WHEREAS, pursuant to the settlement agreement the owners named hereinabove waive any
and all right of further notices and appeal as provided for in Minnesota Statutes Ch. 429,
as amended,
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL AS FOLLOWS:
1. That the assessments for Maplewood Public Improvement Project 84 -14 as levied on
May 8, 1989, and as revised May 18, 1989, is hereby canceled as it pertains to Parcels No.
16- 29 -22 -42 -008 and 16- 29 -22 -42 -0013, pursuant to the provisions of Minnesota Statutes
429.071.
2. That pursuant to the provisions of Minnesota Statutes Ch. 429, Parcel No. 16 -29-
22 -42 -0013 is hereby reassessed in the total amount of $4,000.00.
3. That pursuant to the provisions of Minnesota Statutes Ch. 429, Parcel No. 16 -29-
22 -42 -0098 is hereby reassessed in the total amount of $12,000.00.
4. That the revised and reduced assessments stated hereinabove shall constitute the
special assessment for Local Improvement Project No. 84 -14 as they pertain to the parcels
described herein.
5. The City Clerk shall forthwith transmit a certified duplicate of this amended
and reduced 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 Councilmember Juker. Ayes - all.
I. NEW BUSINESS
1. Alley East of White Bear Avenue, Beam to County Road D
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table Item I -I until the meeting of March
12, 1990, when Councilmember Zaooa returns.
Seconded by Councilmember Rossbach. Ayes - all.
2. Mall Area Traffic Study
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics.
c. Councilmember Anderson
1. provide preliminary engineering;
2. define right -of -way needs;
3. refine cost estimates; and
4. coordinate project with other agencies (Mn /DOT, Ramsey County, White
Bear Lake, Maplewood Mall, etc.).
Seconded by Councilmember Juker. Ayes - all.
3. Fire Study Recommendation
a. Manager McGuire presented the staff report.
b. Howard Weber, Chairman of the Joint Chiefs Association requested two
members from each fire department be appointed to the committee.
c. Councilmember Rossbach moved the following recommendation:
City Council appoint a committee consisting of the Mayor or his representative
as chairperson of the committee, the City Manager, the Director of Public Safety,
the fire marshal, and one representative form each of the three fire departments to
review the Maplewood Fire Study.
Seconded by Mayor Anderson. Ayes - all.
4. Dispute Resolution Center
a. Manager McGuire presented the staff report.
b. Councilmember Bastian
Seconded by Mayor Anderson. Ayes - all.
5. Proclamation
a. Mayor Anderson moved the following Proclamation:
WHEREAS, the Volunteers of America has been serving the needs of America for nearly
a century, providing over 400 programs in 240 communities across the country, and
WHEREAS, services are offered to children and youth, the elderly, families, disabled
persons, offenders and ex- offenders, and to communities at large, and
WHEREAS, Volunteers of America, the first religious social- service organization
founded in the United States, began as a movement of humanitarian service that has Tasted
over nine decades, and
WHEREAS, since its establishment in 1896, the Volunteers of America has demonstrated
an ability to change and grow as our country, its needs, and the needs of the people
change, and
WHEREAS, now, as in the past, the Volunteers of America's programs are designed to
respond to the concerns of individual communities, and take a holistic approach to human
care, and
WHEREAS, Volunteers of America's continuing mission is to provide material and
spiritual assistance to people in need, regardless of race, creed, or color, and
WHEREAS, as society has changed, so has the Volunteers of America, and in Minnesota
provides services for children and youth, adults and the elderly, offenders and ex-
offenders, as well as their newest service, CAN -DO, which is a Community and Neighborhood
Drug Offensive program.
THEREFORE, I, Norman G. Anderson, Mayor of Maplewood, do hereby proclaim Sunday,
March 4, through Sunday, March 11, 1990, to be Volunteers of America Week in Maplewood and
urge the entire community to join in honoring them for their past and present
accomplishments, knowing that, through the determined abilities of their staff, board
members and supporters, they will continue providing high quality, innovative services to
meet the needs of individuals and communities.
Seconded by Councilmember Rossbach. Ayes - all.
6. City Halt Update
a. Director of Public Works Haider brought the Council up to date as to the
construction on the City Hall inspection. The contractor has stated the Council
Chambers should be ready by the Middle of March.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. LMC Update
a. Councilmember Bastian presented an updated on the LMC meeting. There is a
tax increment financing bill proposed and looks as it may pass. The League is
opposing the proposal. The League is also searching for a new site for their
offices. The LMM is having a discussion regarding LRT on Thursday.
2. Elected Officials Meeting
a. Councilmember Bastian stated he felt the Roseville Council should be
invited to Elected Officials Meeting (Maplewood, Oakdale and North St. Paul).
b. Manager stated he would ask the group at their next meeting if they would
be interested in Roseville participating.
3. Lady Bird's Screening
a. Councilmember Bastian stated he would like to have screening such as was
described as Lady Bird Johnson's Law that would screen junk yards such as the one at
Highway 36 - English and Gervais and any other location that screening would be
necessary.
b. Councilmember Bastian moved to refer the matter to the Manager for
investigation
Seconded by Mayor Anderson. Ayes - all.
4. Earth Week
a. Mayor Anderson questioned what the City is doing on Arbor Day. Does the
City give trees to be planted?
b. Staff stated the Nature Center is very active in Earth Week and that Park
and Recreation Commission is also active.
c. Council directed staff to look into the costs of trees.
5. Open Space
a. Mayor Anderson stated the designation of open space that is listed as such
on the land use plan is not really open space. He suggested a program regarding
open space such as costs to purchase, availability, etc., be started.
6. Police Cadets
a. Mayor Anderson suggested the Police Cadets carry radios and ride bicycles
around the community to be able to report problems.
b. Mayor Anderson moved to refer this matter to the Manager to obtain costs
to such a program
Seconded by Councilmember Juker. Ayes - all.
7. Housing
a. Mayor Anderson stated that the "State of the Region Address" on May 7,
1990, there will be a discussion regarding housing.
L. ADMINISTRATIVE PRESENTATIONS
1. March 5, 1990 Meeting
Councilmember Bastian
Cw -- C.nn - - + C.7
Seconded by Mayor Anderson. Ayes - all.
2. April 12, 1990 Meeting
Mayor Anderson moved to change the time of the
Seconded by Councilmember Rossbach. Ayes - all.
3. Southwinds Settlement
a. City Attorney Pat Kelly explained the settlement.
b. Councilmember Juker moved to authorize the acceptance of the Southwinds
Addition easements settlement.
Seconded by Mayor Anderson. Ayes - all.
M. ADJOURNMENT
Mayor Anderson adjourned the February 26, 1990, meeting at 9:42 p.m.
City Clerk
kas
a
A. CALL TO ORDER
MINUTES OF MAPLEWOOD CITY COUNCIL4 :30 P.M., Thursday, June 22 1989
and
7:00 P.M., Monday, June 26 19CouncilChambersMunicipal
89
unicipal BuildingMeetingNo. 89 -14
A regular meeting of the City CouCouncilChambers
y ncil of Maplewood, MinnesotaMunicipalBuildingandwascalled '
was held in theMayorGreavu, to order at 7 :02 P.M. by
B. ROLL CALL
Jahn C. Greavu, Mayor
Norman G. Anderson, Councilmemb Present
Gary W. Bastian, Councilmember Presentlmember
PresenFrancesL. Juker, Councilmember t
George F. Rossbach, Councilmember Present
Present
C. APPROVAL OF MINUTES
1• Minutes of Meeting No, 89_3 February 13, 1989)
Councilmember Anderson moved to approve the Minutes of Meet No. 89_3Februar131989assubmitted.
Seconded by Councilmember Ba,sti,an.,
D. APPROVAL OF AGENDA
Ayes - Mayor Greavu, Councilmetubers
Anderson, Bastian and Rossbach
Councilmember Rossbach abstained
Mayor Greavu moved to.apProve the A enda as amended:
1. Asphalt Bike Paths
2. Danger - Children's -Signs3. Crime Watch
g Maryknoll
4 • Ramsey League
5. Developers Grading Propertyins'
p ty6. No dumpingg igns
7. Grass Cuttings
8. Fire Station
99 Thursday Meeting10. Set date - Review Fire Department Study
Seconded by Councilmember Anderson,
1
Ayes - all.
6 -22 -89
E. CONSENT AGENDA
Mayor Greavu moved Seconded •b Councilmember. AnConsentAgenda, A es - allItemsE -1 throu h 10 as
to a rove therecommended:
1• Approval of Claims
Approved the followin g claims:
ACCOUNTS PAYABLE:
671,960.66 Checks #4401 - #4455
Dated 06 -01 -89 thru 06 -14 -89
209,820.49 Checks 11 65 - #1340
Dated 06 -22 -89
881,781.15 Total erp attached voucher /check register
PAYROLL;
189,331.84 Payroll Checkshecks
47,410.22 Payroll DeductionsYductions
236,722.06 Total Payrollyll
1,118,503.21 GRAND TOTAL
2, Budget Transfer -1988 Audit
Approved a budget transfer of 045
Account to f' $ .
5 from the General Fund Contin efinancetheauditbill, g ncy
3. Budget Transfer: Survey; LELS; TSP
Approved a budget transfer from •the Contingency Account Fund to cover thehe
800 Survey of Old City Hall12,000 LELS Police Arbitration11100TSP's for Comparable Worth
4. Final Payment Geranium - Ferndale St Sewer, Project 87 -20
Resolution No. 89 _.6 - 91 Change Orders 2 and 3
WHEREAS, the City Council of Ma •Maplewood, Minnesota, has heretofore'ordered made Improvement Project 87 -20 G .eranium /Ferndale Storm Sewer, and
2
6 -22 -89
has let a construction contract ur
429, and
p suant to Minnesota Statutes, Chapter
WHEREAS, it is now necessary and expedientp that said contract bemodifiedanddesignatedasImprovementProject - - P roect 87 -20 Change Orders 2 and3 •
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOODMINNESOTA, that the Mayor and City Clerk are her 'directed to modify he a
hereby authorized and
y. existing contract by executing said Changeand3, g Orders 2
Resolution No. 89 - 6 - 92 Final Payment
WHEREAS, the City Engineer for the City of Maplewoodpod has determinedthatGeranium /Ferndale Storm Sewer City Project 87 -20, is complete andrecommendsacceptanceoftheproject;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILMINNESOTA, that City Project 87 - is
OF MAPLEWOOD,
complete and maintenance of theseimprovementsisacceptedbytheCity. Release of any retainage or escrowisherebyauthorized.
5. City Hall Maintenance Budget - Repair and Maintenance of Building and Grounds
Approved a .budget transfer of $3,000 from •the Contingency Fund to the CityHallMaintenanceFundtocoverthecostofrepairsystem, and heating s stem.
s to ceilings, cablingY
6. Conditional Use Permit.Renewal; 831 North Century Avenue - Dege
Approved the renewal of the conditional use ermit 'off - street garden center parking
p. for five years, for anpglotbehind831NorthCenturyAvenue,subject to the 11 conditions of approval re iredJune1, 1988, by the City Council on
7. Budget Transfer - Clean Up and Demolition Costs
Approved a budget transfer of $6,700 from the contingency account to payforthecleanupofthevacantlotatSherrenandHazelwoodAvenuesandthehousedemolitionat1866FurnessStreet,
8. Housing Assistance Loan Program
Resolution No. 89 - 6 - 93
WHEREAS, the City of Maplewood desires to assist low- income homeownersinmakingrepairstotheirhomesforthepurposeofcorrectingdefectsaffectingdirectlythesafety, habitability, n
accessibility of the property; and
y ' ergy conservation, or
3
6 -22 -89
a
1
WHEREAS, the Minnesota Housing Finance Agency hasuchpurposes, and will accept applications
g Y s funds to be used forPPpationsfromhousingandredevelopmentauthoritiesdesiringtoadministertheseDeferredLoanProgramfunds; and
WHEREAS, the Metropolitan Council has been dulyMinnesotaStatutes1976, Section 473.1
organized pursuant to
23, and has all of the .powers anddutiesofahousingandredevelopmentautho 'Statutes 1976, 473.193 uncle
city Pursuant to Minnesota
r the provisions of the Municipal Housin andRedevelopmentAct,. Minnesota Statutes 1976 g
Sections 462.411 and 462.711;
NOW, THEREFORE, BE IT RESOLVED that the M Council is herebyrequestedtoincludetheCityofMaplewood '
Program fu
p d in an application for stateDeferredLoanProgfunds, and that the Community Development Direisherebyauthorizedtoenterintoanynec
ctor
ynecessary agreement with theMetropolitanCouncilforoperatingtheProgramgamwithintheCity.
9. Conditional Use Permit Renewal; 1201 Frost Avenue
Approved the renewal of the Conditional Use P 'Frost Avenue to sell used cars
ermit for one year at 1201subjecttotheJuly11approval. , 1988 conditions of
10. Tax Forfeited Land: Gall Avenue and Lakewood Drive
Resolution No. 89 - 6 - 94
WHEREAS, the Board of County Commissioners ofresolutiondatedApril18, 1989 c
Ramsey County byclassifiedasnonconservationland,certain land lying within the limits of the Cit of Maplewood; and
WHEREAS, a copy of the classification resolutiofthelandclassifiedhasbeensubmittedforapproval of theclassificationinaccordancewithMinnesotaStatutesAnnotated, Section282.01, sub. 1; and
WHEREAS, the land is described as follows:
Unplatted lands - Section 01, Township Rangep ' 22. That part oftheNorthwestQuarteroftheNorthwestQuarterinSectionOdescribedasfollows: Beginning at the So
ne,
Northwest Southeast Corner of saidQuarteroftheNorthwestQuarter; thence NorthEastline1,103 - 69/100 feet; thence W
on the
West parallel with the northlineofsaidNorthwestQuarter170feet• thencewithsaidEastlineoftheNorthwest
South parallel
hwest Quarter of the NorthwestQuartertotheSouthlinethereof; thence East
beginning;
t on said South linetothepointofbegg, except the North 217 feet of the West150feetthereof. PIN 01- 29- 22- 22- 0020.
WHEREAS, the City of Maplewood has determined
public that said land isrequiredforppurposes;
4
6 -22 -89
NOW, THEREFORE, BE IT RESOLVED, that said classi 'f i.cation of the landshownonsaidlistasnonconservationlandisherebyapproved; . Y PP owed; and
BE IT FURTHER RESOLVED, that the City Clerk be and he 'reby isauthorizedtofileacertifiedcopyofthisresolutionandconveyanceofsaidtax-forfeited application for1eitedlandintheOfficei.ce of the LandCommissioner.
F. AWARD OF BIDS
1 Insurance
a.. Manager McGuire presented the staff report.
b. Susan Bennett, Corporate Risk Management, Inc. insurance consultant,explained the bids.
C. Councilmember Anderson moved to assign Hadrath and AssociatesCity's agent as recommended.
as the
Seconded by Councilmember Rossbach. Ayes - all.
G. UNFINISHED BUSINESS
1. Update of City Hall Expansion Plans and Architectural Contract
a. Manager McGuire presented the staff report.
b. Dean Johnson, T.K.D.A. presented an update •p to of the City Hall Expansion,
C. Mayor Greavu moved to accept the u dated contractact with T.K.D.A. forarchitecturalservicesasrecommended.
Seconded by Councilmember Anderson. Ayes - Mayor Gre •y avu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
2. 1994 - 1994 C.I.P. (4 Votes)
a. Councilmember Juker moved to table this Item until the July 6 1989Meeting,
Seconded by Councilmember Rossbach. Ayes - all.
3. Revocation of Permit: Hause
a. Councilmember Bastian moved to table this Item until the26,1989 Meeting Monda June
Seconded by Councilmember Juker. Ayes -Y all.
5
6 -22 -89
4. Southlawn Drive Traffic
a.' Manager McGuire presented the Staff report.
b. Mr. Carl Beohmer, 2764 Southlawn Drive s pokeke of the many problemswithtrafficonSouthlawnDrive.A
c. Director of Public Works Hai 'Haider and Director of Public Safety Collinsexplainedtheproblemsinvolved.
d. Council directed staff to monitor the situation for three months andreportback.
5. Code Amendment: Pipeline Setback (2nd Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the spec' 'p if ics of theproposal,
C. Linda Higgins, 552 Lakewood, presented her views.
d. Mayor Greavu moved to table until Monday evenin .
Seconded by Councilmember Bastian. Ayes - all.
6. Pipeline Setback Reduction: Junction Avenue Heroff
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to approve the 55 •foot setback variance asrecruestedbytheHeroff•s for Lot 15F Block 2 Hills and Dales Addition,
Seconded by Mayor Greavu. Ayes - Mayor Greavu 'Y , Councilmembers
Bastian and
Nays - Councilmembers Anderson and
Juker.
7. Pipeline Setback Reduction: Maplewood Meadows Mo reng )
a. Councilmember Bastian moved to table until Monday. June 26 Meeting.
Seconded by Councilmember Rossbach. _ lAyesall.
S. Conditional Use Permit Renewal: 2095 Larpenteur Avenue De.lrary )
a. Director of Community Development Olson presented the staff report.
b. Councilmember Bastian moved to approve the renewal of •the conditionalusepermittooperateabasementwaterproofingandsewerandwater
6
6 -22 -89
installation business at 2095 East Lar enteur Avenue for a eriod of fiveYears . A royal is recommended on the basis t hat:
1. The City has not received an •Y complaints from neighbors inthe18yearsthebusinesshasbeeninoperation.
2. The business is not ea •easily visible from Larpenteur Avenue,
3. The applicant is continuin
site for h'
g, in good faith, to find an alternatiisoperations. ve
Approval is subject to the.followin conditions:g itions:
1. The hours of operation shall be 8 :0
h Friday,
0 A.M. to 4:30 P.M.,Monday throw g ay.
family membeQ$, Thefmaximum number of employees that may be permitted other than family
3. There shall be no retail sales o 'n site.
4. The business shall not be enlarged,
5. Business - related parking shall be r •Avenue. P ohibited on Larpenteur
6. The business shall terminate in threeCouncilreviewsshallber
Years. Annual
required to monitor theapplicant's progress.
Seconded by Councilmember Anderson. _Ayes all.
9. Code Amendment: Occupancy Permits 2nd Reading)
a. Manager McGuire presented the staff report,p t.
b. Mayor Greavu introduced the followiadootion: n ordinance and moved its
ORDINANCE NO, 644
AN ORDINANCE PERTAINING TO THE ISSUANCE
OF OCCUPANCY PERMITS
The Maplewood City Council hereby ordainss as follows:
Section 1. Section 9 -26 is amended as follo
9 -26. Certificate of Occupancy.
No building or structure shall be used or occupied, and no changeintheexistingoccupancyclassificationofabuildingor
7
6 -22 -89
structure or portion thereof shall be made until the building
official has issued a certificate of occupancy therefore as
provided herein. As required by the City, a certificate of
occupancy is required for all occupancies, including group R -3 and
R -4 with the exception of Group M occupancies.
b) No change in the character of occupancy of a building shall be
made without a certificate of occupancy, as required in Section
307 of the Uniform Building Code. The building official may issue
a certificate of occupancy pursuant to the intent of the above
exception without certifying that the building complies with all
provisions of this Code.
c) The fees for certificate of occupancy and occupancy permits issued
under this article shall be imposed, set,. established and f ixed by
the'City Council, by resolution from time to time.
d) Before issuing a certificate of occupancy, the area surrounding
any newly constructed or newly placed building shall be cleaned up
and all debris shall be completely removed from the premises to
the satisfaction of the building official.
Section 2. Article III of Chapter 9 is hereby deleted.
Secs. 90 -41 - 9 -60. Reserved.
Section 3. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Juker. Ayes - all.
10. Schedule Meeting with Manager
a. Councilmember Rossbach moved to hold a CounciljManaaer Meeting July=
1989.
Seconded by Mayor Greavu,
K. ADJOURNMENT OF JUNE 22, 1989 MEETING AT 7:02 P.M.
8 6 -22 -89
Agenda Number E -1
AGENDA REPORT
TOO City Manager
FROM: Finance Director
RE: APPROVAL OF CLAIMS
DATE: March 2, 1990
Aetion by Council *I
Endorse
Modifiec
ejeei e
Date y.
It is recommended that the Council a •claims: approve payment of the following
ACCOUNTS PAYABLE:
174,149.78 Checks #5426 -5491
Dated 02 -15 -90 thru 02 -28 -90
96,908.25 Checks #3669 -3308
Dated 03 -12 -90
271,058.03 Total per attached voucher /check register
PAYROLL:
185,518.31
27,478.00
212,996.31
484,054.34
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
Attached i.s a detailed listing f theseg claims.
DFF :kas
L 1
4A
i IJU CHI' (3
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V *CI U C* H E •/
0 B A R R
C
0
A M CI Li N
N Wil fk 111 U 1! R j . k A I E
5 4'140 A-00 15/90 CLERK OF
51 4 L* 7
Cl C
A
ROSSELAND, 0 y
4 0 ; 0 0
0
AL. 1 III OH ` I-1 LE'DA
v lylI
5 4 34 0 541400 02V 15 9 Cj M Al N IN T 'A T E TR L-':- A 'Si U F
5 1
1 1 1
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4 7 ED 0 5 0 0 0 9 o S A 104 1 ;S3 R H
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0 ,190400 D E PT OF NA i L; 1%- A L R E 0 i—1 IR-
0 1-.. RA U N E N lui E ZE:j
544 6 .1 10 0 O' l C)/90 T lyl I N E A
5444 4 0 0 1 o f"i E.C.) N
0 V! A TT L- f L YID I A
PA ilzili It" i
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0 B A R R E N G 1 N L. L f N C-I fl,"ID
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PAGE 2
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3 / 0 1/ 9 0 1 1.-5
AMOUNT
4
C . 1 i.. +; OF
343.00 343 0 0
0;:-.--.'3 . 0 1.8 0831 01
V 0 U I•••1 E- R E G I S TE 5,A
102 . 54
80
17 0 .
FOR PERIOD 15
VOUCHER/
1 Z7*2 9 8
10.00 10.00
2 7 . 7 0
CHECK VENDOR C H 1. (.- K VENDOR
493
NUMBER N U M BE- R D 1\1 A M E
I T E 11
85 115.06
3 7.078 887 - 0 7
DEZ) IPT ION
t" 4 0 0 0*
5446 541400 0 4211 2 0 9 0 MINN SITATE TREAzr3UR[--f:-Z M -f f-'Z V E H L. 10 F: E E IS
5 7.-L"
5447 541400 0 4 /.. 0 i: 0 lyl I NN ;_;'I .A I- R E ASS U R E R ES'T DR IV LIC.
153 . 0 0
5 4 4 .8 5 0 1 C-) 0 0 2 0 15) 0 M ; T A TIE C 0 Ifill I S N E R T A P A Y
544 943500 9 0 W 1 0 N IN 1) E P T 0F' R E VE- N U E ST INC. PAY
5450 15 0 eS, 0 0 0.*:- 2f 1 9 0 CollmuRCIA1. LIFE INCJ C0.HC:llA DED PAY
LIFE INEI PAY
H E A L T'H L. I F E D EN7 A L.
A/R IN C ONT
5451 540';-;00 04.."'21190 MINN. G.F.O.A.TRAVEL.
5 -21 150,.--,Oo 014 /90 ZjM111 "S 10 N E R 0 F R E V'- N t UEL I L
FU 0 1 L
FUEL a 01 L
FUEL & OIL_
FJEL & OIL
FUEL :1 01 L.
F' U E L *13v OIL
F U E L :3. OIL
FU E L OIL
5453 761100 02" 1 9 0 R0-Sr'O CONI-13ACTI ICI G, INC.AWARDED CONST CON"lif-Z
5454 541400 0* 1 190 rfi 1*%i N S T'AATE TR E A S Li R "--'R 1' D R i V L
5455 541400 0 *1/90 MINN. S T A TE T R E A 1`3 U R L f-':M V E 11 -L IC. F E l., S
5456 3 3 0 4 Z -3:0 0 H A W [-*%* I N S R 0
4 5 7 401775 0 Z 1 ` ' 0 JOHIN"3CJ N, WAL"ER D.A M 14:3 59
5453 S 6-4 2- 5 0 0 9 0 T* AT E OF HINNE- USOTA
5459 140400 Z/90 C L E R I< OF DISTRICT COLif-k''T r'N-fY DRIVERS LICENCE
54(_, 0 7 2-L-2, 0 0 2/ 2 '
9 0 P U L I C. E M P L 0`1 E E LIFE F.B L
5461 . .10 5 0.0 0 9 0Z 9VASK"ll RUL-. REMOVAL C ' f.-.iN-1 RACT PY11.
5 4 i-S 2 541950 02/2 f 9{_)M I N N El't`]) 0 T A r-HAf,-'-'r-ER I r A. A. I T R )4V E L rRAJNT ICI G
4 6 3 9 4 0 -1-5 0 W T r
A b I i r:
5 4 541,1400 0 -r"l I N N t„ • •!'
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4 6 5 5 4 14. 0 0 4-M' ;N11"I STATE" TR'L-.'A',-7j- U R e f.TMI .',TOR A
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PAGE 2
Il Em CHECK
AMOUNT AMOUNT
4 4
343.00 343 0 0
0;:-.--.'3 . 0 1.8 0831 01
10 - 51 4 102 . 54
80
17 0 .
7 :*:*:.1 .
2- 8 - 8 4 1 Z7*2 9 8
10.00 10.00
2 7 . 7 0
6.97
5.17
493
12-02
8-
8.47
85 115.06
3 7.078 887 - 0 7
C140 . 00 t" 4 0 0 0*
0 6 . 4 6 67306.46
69 . 0 0 169.00
6 .5 7.-L"
82.00
1 0 153 . 0 0
16 1 tii 165.13
190.00 190.00
0 0 i 3 lr r 0 Q
0 0
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65 65.89
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PAGE 7
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3 7 4 4L5421 03/12'90 MINNE:u3OTA CRIME PREVEN J.r ON SUEB'S 1-3.
37 4:15 551710 0:3/ 1;x/90 MN REC PAW—. FOU04DAT ION
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3745 570500 0 3 / 1 62-1 9 0 M011"OROLA, INC
3746 580150 0: -: / 121 90 M P L S R Stj IF 0 C:r-',' 0 MAINTEI`4ANCE MATE-RIAL
3747 610100 03/12/90 MULVANLY DEI-NNIS HEAL"IrH INS' REF
3748 610200 031/1'2/90 MULWEE GEORGE HEAL *FH I N F
3 7 4 1& 1 0 0 0 c M U J T C IA P A t.:3 A cS ZS' r4 •V B Y. M I i F E R, IS
3-150 630-2100 031le- 9 0 NA EI)WARD HEALTH INSS REF
3175 1 630&;'06 0 1t/90 NAGEL, BRYAN HEALTH IN1:j REF
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7 5 3,630950 0 3 1 '/90 NCR SUPPLIES OFFICtE
34 7 5 4 630'1-1 0 9 0 Ni F,R E P A I. R '- ::::T N(__'E/' Qiz.
5 5 1775 TN0F?T H ER N TOW R F E F 0 Fk*' 1z"-; [.:'Fik' "i I
3 75 6 7.0 Q 0 0 Q + / 1 i_ 0 T R M I N CNYS w 1 E F' A I R 13, M A I B
J 9 067 Z5 j0 /1 0 OL IN I ERI -k C.J HEA`F I N PE FZ 1
1 (11 0 0 R R L E N I t-A 'S t ! L T 1. N G
37 5 6 1 L`1 0 0 0.0 A A
0 0 A-I j`1 J.V E
PAGE
TI F M H C: K
A M 0 LJ N AMOUNT
7, 1 2_` 10 7
ff, 0 n 0 50.0c)
2 9 43 4._31
110.0 110.00
2 2 0
0 0
16.52 16.52
20.00 40.00
1-20 . 00 520.00
92.50 io
59.45 59.45-
50.00 50.00
0. 0 0 50.00
5.00 5.00
50.00 50.00
50.00 50.00
0 4 681.04
6 4 8 5 364.85
14-6.00
4 4
156 . 0 0 156.00
I0 . 0 10.00
3
50.00 50.00
0 c .j
iL 1. A iftl
PAVE
I TE m CHECK
AMOUNT AMOUNT
1 _-.•7x1
60
V L"I L) C H RE G
i 1! 5 0 115 1:1 0
10:--)' 5 5
14
144.55
1 3' 9
11.4 P i. 1'. W 0
50.00 50.00
80..33
IJ U I C. K t"k 11:*. G I T is 1-N,
40.98
F' LD R P E R I* L-) D 1 Ifl
9 00
VOUCHER/
5 ti14 1 . 7 5
1.10.00 50.00
4 i
C H E C K VENDOR C HL'-- C. f.VENI)OR
50.00
N U til I-)E R NUM E R DATE N A 11 E E ` R' I PT -j". 0 N
3761 710 00 0 12 0 PE—K DEJ\lN IS T R A V L---'L T R A 11-4
51 0 0*1 0
54
V EH I C-l* L E A L L 0 W A N E
b. 0 9 $2
7 2 7I 0 16 1.-. 9 U .:: / 1::/90 P E R S 0 N N L D E I S 10 N c:3 7.";E R V 1
3 7 711345 03/ 1'-"/ 9 0 PETE 3 1\4 BE L L C 0 N V E R S E J E" N US N L C , R E R V I C' E
3764 711400 0 3 / 1 9 0 PEI-RO•ELIM MAINTENANCE F U L.'- L 0 it-
1:7 U E L ,. C +1 L
3 77 6 5 72: C } .` 0 03 / 9 0 P R L C: I S I E: U I N E %c-3 S %-3 Y S I* L.---CS Ll F` P L I E 'S 0 f7 f -- I
37*66 7 2 11 'C----'5 03112*190 PIRIEFER, WILLIAM J.HEAL*f*H INS REF
37 ,. T.,7212;00 03/ 12/90 PRO.FESSIONAL. PRO.CESS F EE F SERVICE
F E E S VO R SERV I CE
F:'E E %S F LD R %3' E R V I C E
3768 7 0 0 u3r03r 1 :r90 RA -lN.OW F:'OODS PROGRAM SUPPLIES
PROGRAM ZS% U P PL I ES
3769 7 0 R A tri tS3EY F E E 'E , F- 0 R S) E R V I LCE
7 7, 0 7 • 9 - 2 . , 1 1 0 0 s • f • s -1i 1..• . {x A ' 11 f - ` 3 E Y E M E R 13 " 11 E D I C A L % S E R V . 1 C E S S U 1 " P L I E E Q U I Ply! I.- N T
37'7. 1 751 0 0 03/1Z-*/90 RICHIE, CAROLE HEALTH INS REF
772_7 6 1 ZO 0 o"'I's 1 Z11 9 0 ROAD RESCUE U F P L.. I E S C- U 11*--, jyj fq -1,
7' 7 -3.7r 1 '-.*.-*" 0 0 1) 0 R 0 A 1) R U N i--i E-- R EES 1"Of CZ E
7 1 .1.1 0 5 03 1 9 0 R 0 BL" R"T S KEN H h"A H j j ,r%
5 0 Q 1 9 0 FZY CO 'S, J i --*F'L Y C* 0
JSUPF' L. I E S J A N 1 TOR
7 7 0 1 /9 0 RYDL.R TRANc'7j'-PU "I'ATIllmFt.ii '- '
3 7* 7 7 7 . 0300 0 3 122/ 9 0 S & T 0 F'F I C E P R 0 P, U T S 1 1\1 110-S U P P L 1 0F'1= I
7 7 S 7 t ,8') 4 C'. 0 0 -J 1 9 0 S A I E. T' Y K L E I PJ 0 R', P I L t= C F :3"L f -c-ii ;... E
0 0 I N EL D EC E R i I M A L
SEARS JAN.fTj--JR
8 0 0 1-.3 0 03/12/90 SE , *f* 0 N f-` R I N T i N G 1"
I b 5 0 0. Z- / 9 0 S P R.l E G L 5E 1* j;: E RL- f-
7 8 0 U 9 cl s P 0 F. I - I c Li tt--'U D (-LJ P f-" L 1 0 F' E
Vol
S L jliPPLI T C L
iL 1. A iftl
PAVE
I TE m CHECK
AMOUNT AMOUNT
1 _-.•7x1
60 16 35
i 1! 5 0 115 1:1 0
10:--)' 5 5
41.00 144.55
1 3' 9 1 9 9
50.00 50.00
80..33
8 0 .
40.98
4 • 783 45 . 76
9 00 9.00
5 ti14 1 . 7 5
1.10.00 50.00
4 i L • 1 Li r S.F
9 5 1 . ';*"' 5
bO. 00 50.00
9
1 '- '4 -1 0 4 . r9 7
i 0 fj 0 5 0
4 4 4 4
51 0 0*1 0
54
b. 0 9 $2
V UCH REG
1*90 1 5
V 0 U CH E R
C" H E C. 1%. V E N D 13 R
W " tear:N U M 1DE R N L, 1.1 .0 a r,
V E N D f-I R
71 1' E E
3, 78 4 840400 03 1 2/90 ST.PAUL CITY OF
3 '578 8 4 4.325 0 STAIRK ELEC-1-RD.', IN-
7 -D6 8, 4 X00 i }3 /1 0 t-3 T E F FE N C 0 TT
3787 843575 023/12/910 ESTR IT CHERS GUN.7j
1 5 5
84 3 5J .3 0 0 3 1 0119 S T R (3A R R S CO E -- F A LJ S. C H I N
3 7 8 860100 0 3 12 9 0 T J A U'T 0 P A RlrS
F , r
RG E T S T 0
1 c- CIO 0: -3 / 1 2_-* 9 0 TH ANE HAWKINES POLAR CHE
379.::13710 0 5 0 0.3/ 1 x./TNEMI.C. COMPANY
3 7*9 3 8 7 IL 0 01, :1 1 TO W E R A ',3PHALTS
C '794 781-1 0 0 0 i }_; /12/90 U S WEST CELL.ULAR INC
1 P P L I E. '13 0 F F 1 CC 0 -1
31-96 8 9011:0 3 J. 12'. 9 0 U.H.L. INC.
797 lo3l C-I 0 9 0 0 0.i/ I 121V 9 U. S . WL-31' COMMUNI CA-f IONSaId _. %.j
0 F A F'LE W 0 G E 10
v 1 t.i t: i i ti (_-'H L R E 'r-3, Ii" E
VAD R D
D R I A M 0 N, T A M 0 U 1\1 T
U P P L I E '13 0 FIF I E 1 5 5
I
IJ P P L I E S 0 1 C E
F , r
r, U F ''r"' L - I IS E Q1 U I if" t'l 1E. 1`4*T 40 r_
L) P P L. OFF I C*E 14, 0
3 U Fy P L J L-IFF 11` J C E
j P P L I f f S CITIF F I C E 119.96
1 P P L I E. '13 0 F F 1 CC 0 -1
R E P A I R 153n MA I N T/I U 4 701_ a 12 4 '178 1
Et. C P E_ F,,' REF 5:1.0 5 : 0 0
PROGRAM SUPPLIES J1, . 00 35.00
SUf-'FLI ES EQUIPMEN't 1 :;6 . 40
SJUPPL I ES VEHICLE 57.48
S U P P L. I ES VEH *1 C LE 1,63 57 4 0 4F
E S C 0 {•` U L',` I N UD 5 41- 5 0 0 0 5 5 0 C) 0
S U P P t. I ar- S. VEH."ICLE 30.09
31
I U P `LIES VEH 21.:28 51.47
SUPPLIES E` Q j'j I f N f 54
V. S ' U P P L I E V F_,__ i I I I — E 81.60 81.60
MAINIENANCE ICI AI[EI:-tIAL 19 21' • 7 2 193.72
MAINTENIJI'ANCE MATERIAL 1 77 2.1 _e-_' 47 21- 3
T E L E. P H C1 Nt-,ED • 5:x"'1 8 5 .
SUPPLIES EQUIF"MiENT 2 55I'll'S L", PP L I E%::j E 1--j U .1 V lyl cr- 1 %.i..1 4 5
U P P I E23 .1 A N I VO f` I A L il S 4 5 8 4 5
rTELPH1%1 c-5 5 8.4
E L E NE 50 • 9*7
p f4l111Lc D r-1 5 c
T E L E -1 FJ t--,i E 1 7 9 4
V LE L E P 11 E.4 13
48
Ll I I. :.I I j
VOU CH REG
C H rE C. K
A C-1 U N T AMOUNT
FIJ lyl A L i I-)0 0 1 9
48.77'
48.77
E k E K i, G I :::, T C'
48-
Ir - PE.f"Ll CID iti
VOUCHER/
4 r (_,
6 9 T
C H E1 C: 1 - °:V EN DOR C. H .-L. li, i -.V E N D I- I R I "i- 1: rf-)
NUMBER NUMBER BATE NAME D E c--'j C. R I P *11' 1 N
67-40
50.99
T EL E PH 11--i N '
47.45
T E L E F i i lk-1 N E
31.40 4.0.20
TELEPHONC
155.00 155.00
X7.00
TE L E PHk C. N E
1 00
i 0 0 3 1
T E L E I-" H I.'.) N L
4 0 5 . 5
I 110N*E L E F', t
I ci
C
T E L E P H 0 N L
50.00
itm-4 48 5 4 . 4
50.00
TE L E P 11 N E
cio 50.00
1 05 1-1 . 0 -1
TELEPHONL
1' E L E P 1-1 CI N l-"'
T E L E N E
ELEPHONE.
T E L E P H'-.--, N E
TELEPHONL.
T E L E P N E
1 E* L E PH N i.,*.
TEIL E P H','.1 N E
p ij 1 , 4 r:TE L E C.
37-9-8-900ioo 0311-41190 UNIFORMES UNLIMITED UNIFORMS %-3, CLOTH
UIN I F 0 R 11'Z, L CI H
399 54 0 0 0 0 0:`UNITED -1 UA E - : 3 M U L I E S
3000 9 0 0 8 0 0 3 " r ' 1 2 9 - 0 U N I V E R S I I Y Of: III NNL-'.-"-OT A T R.A. V EL -1*'R Al N
00i.— 5 0: 1 9 0 UNIVERSITY OF M I N N VS" 0 1-V: -'L I N
T Rk"k V E L V1 T R 'A I N
TR'A %,f E i:n IN
3 9 10 2 0 0 03 Z_ 9 0 VALS BODY SHOP INS CLAIMS
11',4S CLAIM'%ZP
f-,%
3303 9 4 0 b 4 0 r 0 WEGS,(1-*HL1DLR PAT F- fit %'.'- E 1 fMH1 11 I'A I i U 4
0 4 9 4 t.) 5 5 C, 1 Z 9 0 WE I L AND ELI 2---.A L. L-----r H V E h I L'": L E "A L L F-I W A Ni C E
8 0 5 7 4 0 f, . 5 0 0 W E N (".1 E R R 0 B.11 R L1-
3,4. 0 -10 0 0 1 9 0 W E 0
i J AN I 10 R
e. 07 941400 0 3 1 92.- 9 0 WHIT ED' E A R A V B (J3 N C. -D ::F N M B, E R S Fi- P
3 0 8 9 7 0 1 ff, 0 03 1 12-'ir 9 0 Y A G Y 1 N G H1*-,'-'AL1*H INr3 REF
1-CITAL
PAGE 11
1 -1* L--* ' lyj C H rE C. K
A C-1 U N T AMOUNT
4.'::s 77
48.77'
48.77
48-
5 4 . 5
4 r (_,
6 9 T
5 9 424
5 4 . 6, Fyi
5
1 9g'.' 7 7
5 2S . 9 0
67-40
50.99
47.45
4 b 4.:.' . 9c8
31.40 4.0.20
155.00 155.00
X7.00
1 00
i 0 0 3 1
4 . i
4 0 5 . 5
4
I ci
C
b 0 50.00
itm-4 48 5 4 . 4
50.00 50.00
cio 50.00
1 05 1-1 . 0 -1
CITY Of MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 02/23/90
CHECK #13904 - CHECK #14056
EMPLOYEE NAME
McGUIRE, MICHAEL A.
BLACKSTONE, GAIL J.
MAGLICH, GRETCHEN
SMITH, KATHRYN A.
BERM, LOIS N.
JAHN, DAVID J.
SWANSON, LYLE
CUDE, LARRY J.
OSTER, ANDREA J.
MIKISKA, WILLIAM
FAUST, DANIEL F.
TAYLOR, LINDA L
MATHEYS, ALANA K.
VIGNALO, DELORES A.
ANDERSON, CAROLE J.
LA MOTTE, MARLENE
AURELIUS, LUCILLE E.
SELVOG, BETTY
SCHADT, JEANNE L.
KELSEY, CONNIE L.
VIETOR, LORRAINE S.
HENSLEY, PATRICIA A.
JAGOE, CAROL
CAROE, JEANETTE E.
OLSON, SANDRA
RONGSTAD, CAROLEE
PALANK, MARY KAY
COLLINS, KENNETH V.
RICHIE, CAROLE L.
SVENDSEN, JOANNE M.
NELSON, ROBERT D.
FULLER, ELAINE
MARTINSON, CAROL F.
STILL, VERNON T.
SKALMAN, DONALD W.
FRASER, JOHN
MORELLI, RAYMOND J.
STEFFEN,.SCOTT L.
ARNOLD, DAVID L.
BANICK, JOHN J.
BOHL, JOHN C.
CAHANES, ANTHONY G.
CLAUSON, DALE K.
MOESCHTER, RICHARD M.
ATCHISON, JOHN H.
YOUNGREN, JOHN
YANG, YING
GROSS PAY
2,860.74
1,573.84
756.00
1,067.90
1,067.90
961.47
1,149.01
276.80
1,173.78
172.80
2,127.57
86.60
1,588.31
1,288.30
1,308.69
231.00
1,963.59
227.38
1,249.59
756.06
1,140.37
769.94
945.57
1,117.84
639.42
24.50
861.78
2,181.95
1,127.37
1,447.64
1,880.37
484.89
1,107.66
1,378.28
1,416.83
1,132.84
1,511.93
1,624.08
1,617.48
1,378.28
1,422.83
1,880.37
1,403.88
1,524.87
1,403.88
1,729.35
689.99
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 02/23/90
CHECK #13904 - CHECK #14056
EMPLOYEE NAME GROSS PAY
PELTIER, WILLIAM F.1
SZCZEPANSKI, THOMAS J.1
WELCHLIN, CABOT V.1,327.08
LANG, RICHARD J.1
RAZSKAZOFF, DALE 1
RYAN, MICHAEL 1,617.48
HERBERT, MICHAEL J.1
DREGER, RICHARD C.1
STAFNE, GREGORY L:1
BECKER, RONALD D.1,454.29
HALWEG, KEVIN R.1
STOCKTON, DERRELL T.1,446.21
PAULOS, JR., PAUL G.1
BOWMAN, RICK A.1
KAKIS, FLINT D.1
HEINZ, STEPHEN J.1
GRAF, DAVID M.1
THOMALLA, DAVID J.1,727.98
PALMA, STEVEN T.1,427.47
VORWERK, ROBERT E.1
BERGERON, JOSEPH A.1
MEEHAN, JAMES 1
MELANDER, JON A.1
SAUNDERS, SARAH 1
EMBERTSON, JAMES M.1
WILLIAMS, DUANE J.1
RABINE, JANET L.1,343.86
STAHNKE, JULIE 1
BOYER, SCOTT K.1
NELSON, CAROL 1
WALDT, CYNTHIA 1,170.63
FEHR, JOSEPH 1
NELSON, KAREN A.1
FLAUGHER, JAYME L.1
WEGWERTH, JUDITH A.867.63
HAIDER, KENNETH G.2
CHLEBECK, JUDY M.1
PRIEFER, WILLIAM 1
MEYER, GERALD W.1,655.28
KANE, MICHAEL R.1,606.27
NAGEL, BRYAN 1
LUTZ, DAVID P.1
KLAUSING, HENRY F.1,547.13
SCHMOOCK, JOHN 1
HELEY, RONALD J.1
OSWALD, ERICK D.1
FREBERG, RONALD L.11404.10
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 02/23/90
CHECK #13904 - CHECK #14056
EMPLOYEE NAME 'GROSS PAY
CASS, WILLIAM C.1
LINDBLOM, RANDY 1
ELIAS, JAMES G.1
DUCHARME, JOHN 1
PECK, DENNIS L.1
PRIEBE, WILLIAM 1
IRISH, BRUCE A.1
GEISSLER, WALTER M.1,532.18
METZ, TERRY 1
LOFGREN, JOHN R.1
ODEGARD, ROBERT D.1
BRENNER, LOIS J.1
KRUMMEL, BARBARA A.593.30
STAPLES, PAULINE 1,642.28
JONES, LUTHER 72.00
TRAVERS, DANIEL 103.50
ANDERSON, ROBERT S.1
LINDORFF, DENNIS P.1,336.90
GARRY, WILLIAM 1,169.49
HELEY, ROLAND B.1,399.69
MARUSKA, MARK A.1
SCHINDELDECKER, JAMES 967.55
BURKE, MYLES R.1
FUECHTMANN, A.60.00
SHELDON, LEO 67.50
HANNEGAN, ANDREA 115.50
MILLER, SHERRAL 175.00
KOEGEL, R.55.00
MEYERS., PETRA 45.00
NARUSIEWICZ, M.42.50
BESETH, JR., R.45.00
CAMPBELL, R.67.50
RENS, K.8.75
WARD, ROY G.406.40
TAUBMAN, DOUGLAS J.1,372.68
GREW- HAYMAN, JANET M.1
NELSON, JEAN 472.43
HORSNELL, JUDITH A.664.49
HUTCHINSON, ANN E.609.37
DOHERTY, KATHLEEN M.1
BARTA, MARIE L.1
OLSON, GEOFFREY W.1,963.59
MISKELL, NANCY 506.45
LIVINGSTON, JOYCE L.712.50
ROBERTS, KENNETH 1
EKSTRAND, THOMAS G.1
BERNIER, SHAWN 300.00
CITY OF MAPLEWOOD
PAYROLL CHECKS ISSUED FOR PAY PERIOD ENDING 02/23/90
CHECK #13904 - CHECK #14056
EMPLOYEE NAME GROSS PAY
OSTROM,MARJORIE 1
CARVER,NICHOLAS N.1,390.58
WENGER,ROBERT J.1
NADEAU,EDWARD A.1
MULWEE,GEORGE W.1
NUTESON,LAVERNE S.1
BREHEIM,ROGER W.1
EDSON, DAVID B.1
GERMAIN,DAVE 1
MULVANEY, DENNIS M.1,507.38
SPREIGL,GEORGE C.1
WEILAND,ELIZABETH 1
185,518.31
PAYROLL DEDUCTIONS
CITY & COUNTY EMP CR UNION 25,472.00
AFSCME 2725 554.00
MN MUTUAL LIFE INS 19 -3988 160.00
METRO SUPERVISORY ASSOC 18.00
MN STATE SYSTEM 280.00
L.E.L.S. 594.00
RAMSEY COUNTY SUPPORT & COLLECT 400.00
27,478.00
GRAND TOTAL $212,996.31
MEMORANDUM
TO: City Manager
FROM: Director of Community Development
SUBJECT: Mechanical Inspector's Fee
DATE: March 1, 1990
INTRODUCTION
Acti by C
Endoxrse
Medxfi ed...,..
Rejected,.,
Date
This is a request to increase the mechanical inspector's fee from
75% to 80% of the permit fee.
DISCUSSION
The electrical and plumbing inspectors each make 80% of the
permit fee. The mechanical inspector makes only 75% of the
permit fee. The balance of the fees are kept by the City. In
order to be consistent and fair to the mechanical inspector, the
percentage should be the same for each inspector.
RECOMMENDATION
Increase the mechanical inspector's fee from 75% to 80% o f the
permit fee.
GO /memo3.mem
A.ction by Council
AGENDA REPORT
To: City Manager Michael McGuire
From: Chief of Police Kenneth-V. Collins
Subject: Purchase of Unmarked Police Vehicles
Date: March 1, 1990
Endorse
ej ecte
Date
Introduction
s allocated in the 1990 budget toMoneywas purchase two unmarked policegp
vehicles.
We, therefore, request authorization to purchase these vehicles.
Background
We are able to purchase unmarked police vehicles off of a City of Minneapolis
bid ( #37414) awarded to Farmington Ford.
This is the best a v a i l a b l e price for unmarked vehicles to be used in regular
police service.
The vehicles must be ordered now for delivery in June or July.
Recommendation
As the deadline is approaching for ordering vehicles from this bid, we
recommend that authorization be given to make this purchase.
Action Requ i red
We recommend that this be presented to the City Council for their approval.
KVC:js
U I SRE :IT:1'0 N 1
ClT-Y'0 F -MA-PLEW010*D MINNESOTA,
Names of Bidders ,
MEMORANDUM Modifled,
Rejecte
To: Michael A. McGuire, City Manager Date
From: Robert D. Odegard, Director of Parks & Recreatio
Subj: Board and Commission Banquet
Date: March 5, 1990
Introduction
As per the Maplewood City Council directive of November 13, 1989,
directing staff to plan the Annual Recognition Dinner for the
members of the City Boards and Commissions, we have arranged to
have a celebration on Saturday, April 21, at Day's Inn. Activity
will begin at 6:30 p.m. with a social gathering, and banquet at
7:00 p.m. followed by recognition of each Board or Commission.
To continue with this plan, it is necessary for the City Council
to authorize $3,000 for this event.
Background
Following the directive of the City Council to plan an Annual
Recognition.Dinner, the individual Boards and Commissions were
requested to respond to a survey as to the best date(s) that
would be most convenient for having a banquet. Completion of the
survey indicated that later in March or April would be preferred
by most Board and Commission members rather than February. After
contacting the facilities that were available in Maplewood for a
banquet and the dates that were preferred, we were able to estab-
lish a definite date with Day's Inn.
City staff has discussed recognition awards for the Board and
Commission members and are now recommending a heavy vinyl port-
folio with the City Is logo and the individual's name engraved on
the front. The portfolio has hinges on the two ends and when the
sides are pulled apart, there is sufficient room for a large
agenda packet or other materials to be included inside the
portfolio,
At this no specific cost has been established for the ban-
quet. However, it appears that with the 22% gratuity, we are
considering approximately $15.00 per person for the dinner. With
a potential 58 persons on staff, Boards, Commissions and Council,
we have approximately 116 potential attendees for dinner. If we
estimate 100 people at $15.00 per plate, our dinner cost will be
1 A gift of a portfolio for approximately 60 people at
15.00 apiece will be $900.00. It is recommended that an addi-
tional 40 portfolios with the City's logo be ordered at a cost of
14.00 /each or $560.00.
Recommendation
It is requested that the City Council transfer $3,000 from the
Contingency Fund to the Legislative Division in the General Fund
to cover the cost of the Board and Commission Recognition Banquet.
I/ c: City Clerk
AGENDA ITEM
MEMO_ _ RANDUM a
To Michael A. McGuire, City Manager I
From: Robert D. Odegard,Director of Parks & Recreatio - 4'ndor,ed.,
7Sub -: Nature Center Donation o d-:.1. =.
Date: January 25, 19 9 0 Re j ected
Date
Introduction
contributed $150.00 to the
The Maplewood Oakdale _Lions Club has
January 27.p
support the Do sledding Program y
Nature Center to supp
am on Jan
g
reek Kennels.,
The money will cover the fee charged by Bear C
to the Maplewood Oakdale Lions
A thank you letter has been sent p
Y
Club.
Recommendation
acce the $150.00 donation
is re nested that the City Council p
orItq
Oakdale Lions Club and increase the Fees F
from the Maplewood Oakd
Service Budget Accountccount for the Nature Center by $
101 604 - 000 - 4480 )
c: City Clerk
AGENDA ITEM -
AGENDA REPORT Act i on by Council
Endorsed.
TO: City Manager M°di°° . ......
Rej ecte
FROM: City Engineer Date
SUBJECT: Project 90 -03, T.H. 61 Signals, Approve Agreement,
DATE: March 5, 1990
The attached agreement provides for the installation and
maintenance of an "Opticom" system and .revised signals along
T.H. 61. The city council previously approved and funded this
project.
Approval is recommended.
KGH
jc
Attachment
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OF TRP
Minnesota Department of Transportation
Metropolitan District
Transportation Building
St. Paul, Minnesota 55155
Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128
Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422
February 26, 1990
Reply to
Telephone No.
Oakdale Office
779 -1178
Mr. Kenneth Haider
Director of Public Works
City of Maplewood
1834 East County Road B
St. Paul, Minnesota 55109
SUBJ19CT: S. P. 6222 -107
S.P. 622 - 612 -08 62- 619 -15
62- 625 -18, and 62- 665 -32
S.A.P. 62- 615 -14
F.P. HES 001 -2(73)
Traffic Control Signal Agreement No. 66958
Dear Mr. Haider:
Attached is a copy of an agreement between the State of Minnesota, Department
of Transportation, the County of Ramsey, and the Cities of Maplewood, Vadnais
Heights, and White Bear Lake, covering the cost, construction, maintenance,
operation, and removal of emergency vehicle pre- emption at the above
referenced location.
If this agreement meets with your approval, kindly present it to the City
Council for their approval. The original copies of this agreement have been
sent to Ramsey County.
We will send the original copies to you after they are fully executed by
Ramsey Cotmty. .
If you have any questions or comments, please contact Bernie Arseneau,
District Signal and Lighting Design Engineer, at 779 -1125.
ely
i 1 l iam M. Crawford!
District Engineer
Attachment:
MINNESOTA
1990
An Equal Opportunity Employer
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT No, 66958
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT,OF TRANSPORTATION
AND
THE COUNTY OF RAMSEY
AND
THE CITY OF MAPLEWOOD
AND
THE CITY OF VADNAIS HEIGHTS
AND
THE CITY OF WHITE BEAR LAKE
TO
Revise the existing Traffic Control Signals with Street Lights,
Emergency Vehicle Pre- emption and Signing on Trunk Highway No. 61
at County State Aid Highway No. 25 (County Road B) - Parking Lot
Entrance, County State Aid Highway No. 19 (Beam Avenue), Trunk
Highway No. 694 South Ramps, and at County State Aid Highway No.
15 (County Road E) - Trunk Highway No. 244 (County Road E);
Revise the existing Traffic Control Signals with Street Lights
and Signing on Trunk Highway No. 61 at County Road 146 (Cedar
Avenue) , County State Aid Highway No. 12 (County Road F) - County
Road 95 (Ash Street), and at County State Aid Highway No. 65
White Bear Avenue) - County Road 146 (Hoffman Road); and Install
Interconnect on Trunk Highway No. 61 from County State Aid
Highway No. 19 (Beam Avenue) to Trunk Highway No. 694 South Ramps
in Maplewood, Vadnais Heights, and White Bear Lake, Ramsey
County, Minnesota.
S.P. 6222 -107
S.P. 622- 612 -08, 62- 619 -15, 62- 625 -18 and 62. 665 -32
S.A.P. 62- 615 -14
F.P. HES 001 -2(73)
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED
County of Ramsey $17,283.57
City of Maplewood $,5,
City of Vadnais Heights $11,064.02
City of White Bear Lake $ 1,984.32
None
Otherwise Covered
THIS AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State ", and the County of Ramsey, hereinafter
referred to as the "County ", and the City of Maplewood,
hereinafter referred to as "Maplewood ", and the City of Vadnais
Heights, hereinafter referred to as "Vadnais Heights ", and the
City of White Bear Lake, hereinafter referred to as "White Bear
Lake ", WITNESSETH:
WHEREAS, Minnesota Statute 161.20 authorizes the
Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the Trunk Highway system;
and
WHEREAS, the State has determined that there is
justification and it is in the public's best interest to revise
the existing traffic control signals with street lights,
emergency vehicle pre - emption and signing on Trunk Highway No. 61
at County State Aid Highway No. 25 (County Road B) - Parking Lot
Entrance, County State Aid Highway No. 19 (Beam Avenue), Trunk
Highway No. 694 South Ramps, and at County State Aid Highway No.'
15 (County Road E) - Trunk Highway No. 244 (County Road E);.
revise the existing traffic control signals with street lights
and signing on Trunk Highway No. 61 at County Road 146 (Cedar
Avenue), County State Aid Highway No. 12 (County Road F) - County
Road 95 (Ash Street), and at County State Aid Highway No, 65
66958
1 -
White Bear Avenue) - County Road 146 (Hoffman Road); and install
interconnect on Trunk Highway No. 61 from County State Aid
Highway No. 19 (Beam Avenue) to Trunk Highway No. 694 South
Ramps; and
WHEREAS, it is anticipated that the revised traffic
control signals with street lights and signing work on Trunk
Highway No. 61 at County State Aid Highway No. 25 (County Road B)
Parking Lot Entrance, County Road 146 (Cedar Avenue), County
State Aid Highway No. 12 (County Road F) - County Road 95 (Ash
Street), and at County State Aid Highway No. 65 (White Bear
Avenue) - County Road 146 (Hoffman Road) are eligible for 90
percent Hazard Elimination Safety Funds; and
WHEREAS, it is anticipated that the revised traffic
control signal with street lights, emergency vehicle pre - emption
and signing work on Trunk Highway.No. 61 at County State Aid
Highway. No. 19 (Beam Avenue) is eligible for 90 percent Hazard
Elimination Safety Funds; and
WHEREAS, Maplewood and Vadnais Heights request and the
State agrees to provide Emergency Vehicle Pre - emption Systems,
hereinafter referred. to as the "EVP Systems " , as a part of said
revised traffic control signals with street lights and signing
installations in accordance with the terms and conditions
hereinafter set forth; and
WHEREAS, the materials, equipment, labor and
miscellaneous items necessary to construct, operate, maintain,
66958
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revise and remove said EVP Systems shall be at the sole cost and
expense of Maplewood or Vadnais Heights [excluding the material,
equipment, labor, and miscellaneous items necessar y to construct
the EVP System for the revised traffic control signal on Trunk
Highway No. 61 at County State Aid Highway No. 19 (Beam Avenue),
which shall be paid by the State, Maplewood and Federal -aid
funds]; and
WHEREAS, it is considered in the public's best interest
for the State to provide one (1) pedestal shaft and base, one (1)
master controller and six (6) new cabinets and control equipment
to operate the revised traffic control signals, and
WHEREAS, the County, Maplewood, Vadnais Heights, White
Bear Lake and the State will participate in the cost maintenance
and operation of the revised traffic control signals with street
lights, EVP Systems, and signing, and the interconnect as
hereafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The State shall prepare the necessary plan,
specifications and proposal and shall perform the engineerin g and
inspection required to complete the items of work hereinafter set
forth. Such work as described immediately bove shall constituteytitute
Engineering and Inspection" and shall be so referred to
hereinafter.
20 The contract cost of the work or, if the work is
not contracted, the cost of all labor, materials, and equipment
66958
am 3.-
rental required to complete the work, except the cost of
providing the power supply to the service poles or pads, shall
constitute the actual "Construction Cost" and shall be so
referred to hereinafter.
3. Costs for EVP Systems control and interface
equipment, cables, detectors and lights for the revised traffic
control signals provided for herein shall be paid by Maplewoodlewood or
Vadnais Heights at its sole cost and expense [excluding the costs
for the EVP System control and interface equipment for the
revised traffic control signal on Trunk Highway o. 61 at CountyY
State Aid Highway No. 19 (Beam Avenue) which shall be paid by the
State, Maplewood and Federal -aid funds].
4. The State with its own forces and equipment or by
contract shall perform the traffic control signal work P rovided
for under State Project No. 6222 -107, State Project No.'s
62- 612 -08, 62- 619 -15, 62- 625 -18 and 62- 665 -32, State Aid Project
NO. 62- 615 -14, and Federal -aid Project No. HES 001-2(73) with the
Construction Costs shared as follows:
a. Trunk Highway No. 61 at County State Aid
Highway No. 25 (County Road B) - Parking Lot
Entrance. System "A ". Revise the existing
traffic control signal with street lights and
emergency vehicle pre- emption,
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1. Traffic Control Signal. S.P. 62- 625 -180
F.P. HES 001 - 2(73), Estimated
Construction Cost is $35,584.00 which:
1) includes State furnished materials*
excluding EVP System control and
interface equipment) and 2 } excludes EVP
System materials (cable, detectors and
lights). Anticipated Federal -aid share
is 90 percent. Anticipated State's
share is 5 percent. County's share is 5
percent.
2. EVP System. Estimated Construction Cost
is $4,992.50 which includes: 1) EVP
System materials (cable, detectors and
lights) and 2) State furnished materials
EVP System control and interface
equipment). Maplewood's share is 100
percent.
b. Trunk Highway No. 61 at County State Aid
Highway No. 19 (Beam Avenue). F.P.
001-2(73). System "Bit, Revised the existing
traffic control signal with street lights and
emergency vehicle pre - emption.
t
66958
5 -
1. Traffic Control Signal. S.P. 62- 619 -150
Estimated Construction Cost is
34,596.00 which includes State
furnished materials (excludin g EVP
System control and interface equipment
Anticipated Federal -aid share is 90
percent. Anticipated State's share is 5
percent. County's share is 5 percent.
2. EVP System. Estimated Construction Cost
is $3,000.00 which includes State
furnished materials (EVP System control
and interface equipment . Anticipatedatedp
Federal -aid share is 90 percent.
Anticipated State's share is 5 percent.
Maplewood's share is 5 percent.
c. Trunk Highway No. 61 at Trunk Highwa y No. 694
South Ramps. System "C ". Revise the
existing traffic control signal with street
lights and emergency vehicle re -em t'p p ion.
11 Traffic Control Signal, Estimated
Construction Cost.is $19,552.00 which:
1) includes State.furnished materials
excluding EVP System control and
interface equipment) and 2) excludes EVP
System materials (cable, detectors and
lights). Anticipated State's share is
100 percent.
2. EVP System, Estimated Construction Cost
is $6,39.8.75 which includes: 1) EVP
System materials (cable, detectors and
lights) and 2) State furnished materials
EVP System control and interface
equipment). Vadnais Heights' share is
100 percent.
d. Trunk Highway No. 61 at County State Aid
Highway No. 15 (County Road E) - Trunk
Highway No. 244 (County Road E). System "D ".
Revise the existing traffic control signal
with street lights and emergency vehicle
pre- emption,
1. Traffic Control Signal. S.A.P.
62- 615 -14. Estimated Construction Cost
is $10,460.00 which: 1) includes State
furnished materials (excluding EVP
System control and interface equipment)
and 2) excludes EVP System materials
cable, detectors and lights). State's
share is 75 percent. County's share is
25 percent.
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2. EVP System. Estimated Construction Cost
is $4,039.00 which includes: 1) EVP
System materials (cable, detectors and
lights) and 2) State furnished materials
EVP system control and interface
equipment). Vadnais Heights share is
100 percent.
e. Trunk Highway No. 61 at County Road 146
Cedar Avenue). System "E ". F.P. HES
001- 2(73). Revise the existing traffic
control signal with street lights. Estimated
Construction Cost is $37,440.00 which
includes State furnished materials.
Anticipated Federal -aid share is 90 percent.
Anticipated State's share is 5 percent.
White Bear Lake's share is .5 percent.
f. Trunk Highway No. 61 at County State Aid
Highway No. 12 (County Road F) - County Road
95 (Ash Street). System "F ". S.P.
62- 612 -08. F.P. HES 001 - 2(73). Revise the
existing traffic control signal with street
lights. Estimated Construction Cost is
34,960.00 which includes State furnished
materials. Anticipated Federal -aid share is
90 percent. Anticipated State's share is 5
percent. County's share is 5 percent.
g. Trunk Highway No. 61 at County State Aid
Highway No. 65 (White. Bear Avenue) - County
Road 146 (Hoffman Road). System "G ". S.P.
62- 665 -32. F.P. HES 001 - 2(73). Revise the
existing traffic control signal with street
lights. Estimated Construction Cost is
20,115.00 which included State furnished
materials. Anticipated Federal -aid share is
90 percent. Anticipated State's share is 5
percent. County's share is 5 percent.
h. Trunk Highway No. 61 from County State Aid
Highway N0. 19 (Beam Avenue) to Trunk Highway
No. 694 South Ramps, S.P. 62- 619 -150
Install interconnect. Estimated Construction
Cost is $29,710.00 which includes State
furnished materials.. State's share is 75
percent. County's share is 25 percent.
5. The State shall install or cause the installation
of overhead signing and shall maintain said signing all at no
cost to the County, Maplewood, Vadnais Heights or White Bear
Lake.
6. Upon execution of this agreement and a request in
writing by the State, the County, Maplewood, Vadnais Heights and
White Bear Lake shall each advance to the State an amount equal
to their portion of the project costs. The County's,
Maplewood's, Vadnais Heights' and White Bear Lake's total portion
shall consist of the sum of the following:
a. Each respective share (as specified in
Paragraph 4) based on the actual bid prices
and the estimated State furnished materials
costs.
b. Six (6) percent of each respective share
Item (a) above] for the cost of Engineering
and Inspection.
70 Upon completion and final acceptance of the
project, the'County's, Maplewood's, Vadnais Heights' and White
Bear Lake's final share shall consist of the sum of the
following:
a. Each respective share (as specified in
Paragraph 4), based on the final payment to
the Contractor and the actual State furnished
materials costs.
b. Six (6) percent of each respective final
share [Item (a) above for the cost of
Engineering and Inspection.
The amount of the funds advanced by the County,
Maplewood, Vadnais Heights and White Bear Lake in excess of each
respective final share will be returned to each respective party
66958
10 .
without interest and each party agrees to pay to the State that
amount of their f final share which is in excess of the amount of
the funds advanced by the County, Maplewood, Vadnais Heights, and
White Bear Lake.
8. The County shall provide and /or-perpetuate an
adequate electrical power supply to the service pads or poles,
and upon completion of said revised traffic control signals with
street lights installations (Systems "A ", "B ", "F ", and ".G ")
shall provide and /or continue to provide necessary electrical
power for their operation at the cost and expense of the County.
9. Upon completion of the work contemplated in
Paragraph 4a, 4b, 4f, 4g, and 4h (Systems "A" , "B"r "F".. and "G")
hereof, it shall be the County's responsibility, at its cost and
expense, to: (1) maintain the luminaires; (2) relamp the
revised traffic control signals and street lights; and (3) clean
and paint the revised traffic control signals, cabinets and
luminaire mast arm extensions. It shall be the State's
responsibility, at its cost and expense, to maintain the
interconnect and to perform all other revised traffic control
signal and street light maintenance.
10. The State shall perpetuate.an adequate electrical
power supply to the service pad or pole, and upon completion of
said revised traffic control signal with street lights
installation (System "C ") shall continue to provide necessary
66958
11 -
electrical power for its operation at the cost and expense of the
State.
11. Upon completion of the work contemplated in
Paragraph 4c and 4h (System "C " ) hereof, it shall be the State's
responsibility, at its cost and expense to maintain the
interconnect and perform all revised traffic control signal and
street light maintenance.
12. The County shall perpetuate an adequate electrical
power supply to the service pad or pole,, and upon completion of
said revised traffic control signal with street lights
installation (System "D ") shall continue to provide necessary
electrical power for its operation at the cost and expense of the
County.
13. Upon completion of the work contemplated in
Paragraph 4d (System "D") hereof, it -shall be the County's
responsibility, at its cost and expense, to: (1) maintain the
two (2) luminaires on the west side of the intersection; (2)
relamp the revised traffic control signal and the two (2) street
lights on the west side of the intersection; and (3) clean and
paint the revised traffic control signal, cabinet, and luminaire
mast arm extensions. It shall be the States responsibility, at
its cost and expense, to perform all other revised traffic
control signal and street light maintenance.
14. White Bear Lake shall perpetuate an adequate
electrical power supply to the service pad or pole, and upon
66958
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completion of said revised traffic control signal with street
lights installation (System "E ") shall.continue to provide
necessary electrical power for its operation at the cost and
expense of White Bear Lake,
15. Upon completion of the work contemplated in
paragraph 4e (System "E ") hereof, it shall be White Bear Lake's
responsibility, at its cost and expense, to: (1) maintain the
luminaires; (2) relamp.the revised traffic control signal and
street lights; (3) clean and paint the revised traffic control
signal, cabinet and lumina.ire mast arm extensions. It shall be
the State's responsibility, at its cost and expense, to perform
all other revised traffic control signal and street light
maintenance.
16. The EVP Systems provided for in Paragraph 4 hereof
shall be installed, operated, maintained, revised or removed in
accordance with the following conditions and requirements:
a. All modifications, revisions and maintenance
of the EVP Systems considered necessary or
desirable, for any reason, shall be done by
State forces, or, upon concurrence in writing
by the State's Traffic Engineer, may be done.
by others all at the cost and expenses of
Maplewood or Vadnais Heights.
b. Emitter units may be installed and used only
on vehicles responding to an emergency as
66958
13 -
c .
defined in Minnesota Statutes Chapter 169.01,
Subdivision 5 and 169.03. Maplewood and
Vadnais Heights will provide the State'.s
District Engineer or his duly appointed
representative a list of all such vehicles
with emitter units.
Maplewood and Vadnais Heights shall maintain
and require other using the EVP Systems to
maintain a log showing the date, time and
type of emergency for each time the traffic
signals covered hereby are actuated and
controlled by the EVP Systems and that said
logs shall be made available to the State
upon request. Malfunction of the EVP Systems
shall be reported to the State immediately.
In the event said EVP Systems or components
are, in the opinion of the State, being
misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after receipt
by Maplewood or Vadnais Heights of written
notice thereof from the State, the.State
shall remove the EVP Systems. Upon removal
of the EVP Systems pursuant to this
Paragraph, the field wiring, cabinet wiring
66958
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and other components shall become the
property of the State. All infrared detector
heads and indicator lamps mounted external to.
the traffic signal cabinets will be returned
to Maplewood or Vadnais Heights. The
detector receiver and any other assemblies
located in the traffic control signal
cabinets, which if removed will not affect
the traffic control signal operation, will be
returned to Maplewood or Vadnais Heights.
e. All timing of said EVP Systems shall be
determined by the State through its
Commissioner of Transportation,
17. Upon proper execution by Maplewood and the State,
the EVP Systems for the revised traffic control signals on Trunk
Highway No. 61 at County State Aid Highway No. 25 (County Road B)
Parking Lot Entrance, and at County State Aid Highway No. 19
Beam Avenue) shall become a part of the Signal Maintenance
Agreement No. 1629 -R between Maplewood and the State covering
operation, revision, maintenance and removal of EVP Systems by
State forces at the cost and expense of Maplewood.
18. Upon proper execution by Vadnais Heights and the
State, the EVP Systems for the revised traffic control signals on
Trunk Highway No. 61 at Trunk Highway No. 694 South Ramps, and at
County State Aid Highway No. 15 (County Road E) - Trunk Highway
66958
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No. 244 (County Road E) shall become a part of the Signal
Maintenance Agreement No. 66970 -R between Vadnais Heights and the
State covering operation, revision, maintenance and removal of
EVP Systems by State forces at the-cost and expense of Vadnais
Heights.
19. Any and all persons engaged in the aforesaid work
to be performed by the State shall not be considered employees o.f
the County, Maplewood, Vadnais Heights or White Bear Lake and any
and all claims that may or might arise under the Worker's
Compensation Act of this State on behalf of said employees while
so engaged, and any and all claims made by any sixth party as a
consequence of any act or omission on the part of said employees
while so engaged in any of the work contemplated herein shall not
be the obligation and responsibility of the County, Maplewood,
Vadnais Heights or White Bear Lake. The State shall not be
responsible under the Worker's Compensation Act for any employees
of the County, Maplewood, Vadnais Heights or White Bear Lake.
20. Timing of the revised traffic control signals
provided for herein shall be determined by the State, through its
Commissioner of Transportation, and no changes shall be made
therein - except with the approval of the State.
21. Upon execution by the County, Maplewood, Vadnais
Heights, White Bear Lake and the State and completion of the
construction work provided for herein, this agreement shall
supersede and terminate Agreement No. 60974 dated July 2, 1982,
66958
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between the County and the State. The intersection covered by
the above mentioned agreement is on Trunk Highway No. 61 at
County State Aid Highway No. 25 (County Road B) - Parking Lot
Entrance.
22. Upon execution by the County, Maplewood, Vadnais
Heights, White Bear Lake and the State and completion of the
construction work provided for herein, this agreement shall
supersede and terminate Agreement No. 60973 dated August 17,
1982, between Maplewood and the State. The intersection covered
by the above mentioned agreement is on Trunk Highway No. 61 at
County State Aid Highway No. 19 (Beam Avenue).
23. Upon execution by the County, Maplewood, Vadnais
Heights, White Bear Lake and the State and completion of the
construction work provided for herein, this agreement shall
supersede and terminate the maintenance and operation terms of
Agreement No. 62604 dated May 2, 1985, between the County,
Washington County, White Bear Lake and the State for the
intersection of Trunk Highway No. 61 at County State Aid Highway
No. 15 (County Road E) - Trunk Highway No. 244 (County Road E).
24. Upon execution by the County, Maplewood, Vadnais
Heights, White Bear Lake and the State and completion of the
construction.work provided for herein, this agreement shall
supersede and terminate Agreement No. 59645 dated March 25, 1980,
between White Bear Lake and the State. The intersection covered
66958
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by the above mentioned agreement is on Trunk Highway No. 61 at
County Road 146 (Cedar Avenue).
25. Upon execution by the County, Maplewood, Vadnais
Heights, White Bear Lake and the State and completion of the
construction work provided for herein, this agreement shall
supersede and terminate Agreement No. 58292 dated November 12,
1976, between the County, White Bear Lake and the State. The
intersection covered by the above mentioned agreement is on Trunk
Highway No. 61 at County State Aid Highway No. 12 (County Road F)
County Road 95 (Ash Street).
26. Upon execution by the County, Maplewood, Vadnais
Heights, White Bear Lake and the State and completion of the
construction work provided for herein, this agreement shall
supersede and terminate Agreement No. 62656 dated March 26, 1985,
between the County and the State. The intersection covered by
the above mentioned agreement is on Trunk Highway No. 61 at
County State Aid Highway No. 65 (White Bear Avenue) - County Road
146 (Hoffman Road) .
COUNTY OF RAM
APPROVED AS TO FORM:
County Attorney
By
Chairman of the County Board
Dated
County Seal)
RECOMMENDED FOR APPROVAL:
County Highway Engineer
APPROVED AS TO FORM:
City Attorney
By
County Auditor
CITY OF MAPLEWOOD
By
Mayor
City Seal)
By
City Manager
CITY OF VADNAIS HEIGHTS
APPROVED AS TO FORM:
City Attorney
66958
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By
Mayor ,
City Seal)
By
City Clerk - Treasurer
CITY OF WHITE BE LAKE
APPROVED AS TO FORM:
City Attorney
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
By
Mayor
City Seal)
By
City Manager
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
District Engineer
Operations Division
By
Assistant Commissioner
Dated:
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
Assistant Attorney General
State of Minnesota
By
Dated:
66958
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RESOLUTION
BE IT RESOLVED that the City of Maplewood enter into an
Agreement with the State of Minnesota, Department of Transportation,
for the following purposes , to wit:
To revise the existing traffic control signals with
street lights, emergency vehicle pre- emption and
signing on Trunk Highway No. 61 at County State Aid
Highway No. 25 (County Road B) - Parking Lot Entrance,
County State Aid Highway No. 19 (Beam Avenue), Trunk
Highway No. 694 South Ramps, and at County State Aid.
Highway No. 15 (County Road E) - Trunk Highway No. 244
County Road E); revise the existing traffic control
signals with street lights and signing on Trunk Highway
No. 61 at County Road 146 (Cedar Avenue), County State
Aid Highway No. 12 (County Road F) - County Road 95
Ash Street), and at County State Aid Highway No. 65
White Bear Avenue) - County .Road 146 (Hoffman Road);
and install interconnect on Trunk Highway No. 61 from
County State Aid Highway No. 19 (Beam Avenue) to Trunk
Highway No. 694 South Ramps in accordance with the
terms and conditions set forth and contained in
Agreement No. 66958, a copy of which was before the
Council.
BE IT FURTHER RESOLVED that the proper City officers be
and hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the City all of the contractual
obligations contained therein.
CERTIFICATION
State of Minnesota
County of Ramsey
City of Maplewood
I hereby certify that the foregoing Resolution is a true
and correct copy of a resolution presented to and adopted by the
Council of the City of Maplewood at a duly authorized meeting
thereof held on the day of r 1990, as
shown by the minutes of said meeting in my possession.
Seal) City Clerk
RESOLUTION
BE IT RESOLVED that the-City of Vadnais Heights enter into
an Agreement with the State of Minnesota, Department ofg
Transportation, for the following purposes, to wit:
To revise the existing traffic control signals with
street lights, emergency vehicle pre- emption and signing
on Trunk Highway No. 61 at County State Aid Highway No.
25 (County Road B) - Parking Lot Entrance, County State
Aid Highway No. 19 (Beam Avenue), Trunk Highway No. 694
South Ramps, and at County State Aid Highway No. 15
County Road E) - Trunk Highway No. 244 (County Road E);
revise the existing traffic control signals with street
lights and signing on Trunk Highway No. 61 at County Road
146 (Cedar Avenue.), County State Aid Highway No. 12
County Road F) - County Road 95 (Ash Street), and at
County State Aid Highway No. 65 (White Bear Avenue) -
County Road 146 (Hoffman Road); and install interconnect
on Trunk Highway No. 61 from County State Aid Highway No.
19 (Beam Avenue) to Trunk Highway No. 694 South Ramps in
accordance with the terms and conditions set forth and
contained in Agreement No. 66958, a copy of which was
before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and
hereby are authorized to execute such agreement, and thereby assume
for and on behalf of the City all of the contractual obligations
contained therein.
CERTIFICATION
State of Minnesota
County of Ramsey
City of Vadnais Heights
I hereby certify that the foregoing Resolution is a true and
correct copy of a resolution presented to and adopted by the Council
of the City of Vadnais Heights at a duly authorized meeting thereof
held on the . day of , 1990, as shown by the
minutes of said meeting in my possession.
Seal)City Clerk- Treasurer
RESOLUTION
BE IT RESOLVED that the City of White Bear Lake enter into
an Agreement with the State of Minnesota, Department of
Transportation, for the following purposes, to wit:
To revise the existing traffic control signals with
street lights, emergency vehicle pre- emption and signing
on Trunk Highway No. 61 at County State Aid Highway No.
25 (County Road B) - Parking Lot Entrance, County State
Aid Highway No. 19 (Beam Avenue), Trunk Highway No. 694
South Ramps, and at County State Aid Highway No. 15
County Road E) - Trunk Highway No. 244 (County Road E);
revise the existing traffic control signals with street
lights and signing on Trunk Highway No. 61 at County Road
146 (Cedar Avenue), County State Aid Highway No. 12
County Road F) - County Road 95 (Ash Street), and at
County State Aid Highway No. 65 (White Bear Avenue) -
County Road 146 (Hoffman Road); and install interconnect
on Trunk Highway No. 61 from County State Aid Highway No.
19 (Beam Avenue) to Trunk Highway No. 694 South Ramps in
accordance with the terms and conditions set forth and
contained in Agreement No. 66958, a copy of which was
before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and
hereby are authorized to execute such agreement, and thereby assume
for and on behalf of the City all of the contractual obligations
contained therein.
CERTIFICATION
State of Minnesota
County of Ramsey
City of White Bear Lake
I hereby certify that the foregoing Resolution is a true and
correct ptcoofaresolution resented to and adopted by the Council
of the City of White Bear Lake at a duly authorized meeting thereof
held on the day of , 1990, as shown by the
minutes of said meeting in my possession.
Seal) City Clerk
L - "*X
by Counolll.
AGENDA REPORT.
Modified
To: City Manager Michael. McGuire Rejected
From: Director of Public Safety Kenneth V. Collinsi- Dat e-
Subject: Fire Department Contracts
Date: March 7, 1990
Introduction
The attached 1990 fire department contracts have been signed by - all of the
fire representatives.
Recommendation
The fire contracts be approved and signed by the City Manager, City Attorney,
and Mayor and returned to me for distribution.
Action Regu i red
Review and approval by you and the City Council.
KVC :js
AGENDA REPORT
To City Manager Michael McGuire
From: Director of Public Safety Kenneth V. Collins
Subject: East County Line /Oakdale Dispatching Contra
Date: March 7, 1990
Introduction
The attached 1990 East Count Line Fire Department /Oakdale Ambulance
dispatchingin contract has been signed by East County Line Fire Department
representatives.
Recommendation
The contract be approved and signed y y ginedbtheCityManager, City Clerk, and the
Mayor and returned to me for distribution.
Action Required
Review and approval by you and the City Council.
KVC:js
AGENDA REPORT
To: City Manager Michael McGuire
From: Director of Public Safety Kenneth V. Collins
Subject: Oakdale Fire Department Dispatching Contract
Date: March 7, 1990
Introduction
The attached 1990 Oakdale Fire Department dispatching contract has been signed
by Oakdale Fire.Department representatives.
Recommendation
The contract be approved and signed b the Ci Manager, City Clerk, and theyg
Mayor and returned to me for distribution.
Action Required
Review and approval by you and the City Council.
KVC : i s
AGENDA REPORT
To: City Manager Michael McGuire
From: Director of Public Safety Kenneth V. Collins
Subject: North St. Paul Dispatching Contract
Date: March 7, 1990
Introduction
The attached 1990 North St. Paul dispatching contract has been signed by the
City of North St. Paul representatives.
Recommendation
The contract be approved and signed by the City Manager, City Clerk, and the
Mayor and returned to me for distribution.
Action Required
Review and approval by you and the City Council.
KVC:js
L- - 6
Action by Council j
MEMORANDUM Endorse
Madif i e
Re tee.
T0: City Manager
FROM: City Clerk
RE: Maintenance Agreement with Pitney Bowes
DATE: March 7, 1990
The warranty on the Ingerter, Burster and Folder machine
used for utility billing) has expired. One of the parts for the
burster needs to be replaced. The cost is approximately $800.00. The
City can enter into a maintenance agreement and that cost plus any
others will cover any repairs needed.
The cost of the maintenance agreement is approximately
2100.00. It is necessary to transfer the $2100.00 from the Sewer
Contingency Fund.
Co — /
Aoto
Endf.` rf ed
4o -ifi @C
TO:
MEMORANDUMDUM ejecte
FROM City Manager Dates
Ken RobertsSUBJECT: S ,,Associate PlannDATEtreetVacation: Ef
er
February 6 , 1990 fingham
INTRODUCTION
SUMMARY
The Maplewood Planning Commission hasundevelopedstreet re u
Payne Ave
eet ri - °f - wa bet q ested the vacation oAvenueandtheDNRTrail, weep the west line f an
ail. (Sa of 1771Seethemapponpage4.)
July 20 19: The Maplewood Villavacation ,
6119
the e Co
Effingham
he north - south all g uncil approved thenghamStreet, a rox' alley between Kingston AThisisshowno
pp imately 113 feet w
Venue andnthemaponwestofPayneAvenue.page 4.
November 20, 1989;The Maplewood plann•ing Commissionapprovalofthevacationofthe reco mmendedAtthismeetinalleynorthofinvestigateg, the Planning Commis Kingston Avenue.the vacation of Commission requested that staffEffinghamStreet,Decemb 11, 1989:The Maplewoodvacationof City C •the east -west alley, ounc.il approved thy, e
CRITERIA FOR APPROVAL
Chapter 412.851 of state law stateses th "vacate any s at Council may bifitaea YPublicinteresttodoso. appears to be in the
DISCUSSION
The Effingham Street right-of-should be
t riwa wevacated. It is u
Y, west of.1771 Payne Aorutilityndevelopedandis
Y venue,Y purposes. The right. not needed forfrontof1771Payneg - °f'waY should street
would Y Avenue, as the entire ot be vacated ingotothepropertown
re right -of _waproblems: Y owner to the south. Y sectionThiswouldcause two
1• 1771 Payne AVenforadrive
ue uses this section Ofwayturn- around, the right -of -way
2, The house at 1771 Payne Avenueifnotonthue appears t
vacated right -- of - way, If the °
be Very close
a
the propert own er to the south could constr
ri -wanaccessorybuilding Y wereldingwithin5 -10 uct1771PayneAvenufeetofe • the house at
RECOMMENDATION
Approve the resolution on paEffinghamtige 5 tostreetri - of _ wa vacate the unimprovedrovY. West of 177
DNR Trail. App al is In the 1 Payne Avenue 'toPublicinterestbecause,the
auSe1. The adjoinin
Navin a
g property owners have no interest ingstreetconstructed,
2 • The adjoiningg propert1eS have ads goats street access.3. Thi street right.-of--waytrafficghtway is notcirculationorems
needed for area
4.rgency vehicle acces s-MapleM
policy has berights 'whenever t° vacate unneedederpossible, d
Staff sent surveys
COMMENTS
srequest, O
Y to 15 property Ownersfthe7responseSYHers wlthln 350 fand1
Of .
1 5 were in favor, et ° f thisr1hadnocomment
Attachments
1. Location Ma2. Property .p
3 •
p Y Llne /Zonin MaStreetVacat . g pResolution
S BALLEYVAC
2
35 10
D .
W67
A4 /NT
e PA UL.
LOCATION MAP
t t a-c- men
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ii
ST. PAUL CEMETERY
PLAT A
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7.
RLLJCEETE
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t 119-
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PROPERTY LINE / ZONING MAPNewAvzovsoSMee ° AIIeY = APPo
Yoeafion vnonbv, IZ—Vacafro IRbly<:
4 --
Attachme 2
Li
N
VACATION RESOLUTION
WHEREAS, the Maplewood - Plan Wing Commission initiatedproceedingstovacatetheubli •right-of-way, P c interest in the Effingham StY, t of the .west line of that g Street
that PART SOUTH OF M ST. P Property described asPAULANDS. STE. MARIE RAILROADAD • N • R. TRAIL) WEST OF EXTENDED R/W (NOWTHEMINNESOTA
AVENUE AND EAST OF EXTEND
NDED CENTER LINE OF PAYNE
30 UFTON G (PIN 17-294-22-
ED CENTER LINE OF ALLEY ADJACENTROVE4THPLAT - ENT TO LOT
WHEREAS, the following 'g adjacent properties are affec
Lots 22 - 30 of Ufton Grove
properties: 4th Plat and the following describedscribed
PART OF LOT 4 EAST OF EXTEND28ANDWESTOF
ED EAST L OF WEST 30 FEET OFEXTENDEDCENTERLINEOFALLE
LOT
OF UFTON GROVE 4TH PLAT AND
Y ADJACENT LOT 30
MARIE RAILROAD SOUTH OF M ST. PAUL AND S. STRIGHT -OF -WAY ACROSS SAID LOT
E
22 - 43 -0005) 4 (PIN 17 -29-
PART OF LOT 4 EAST OF EXTENDWESTOFEXTENDED
ED CENTER LINE OF LOT 26 ANDDEDELOFWEST30FTOFLOT4THPLATANDSOUTHOFMST,
28 OF UFTON GROVEPAULRIGHT -OF -WAY AND S. STE. MARIE RAILROACROSSSAIDLOT4 (PIN 17-29-22-43-
AD
0006 )
PART OF LOT 4 WEST OF
UFTON G
EXTENDED CENTER LINE OF LOTROVE4THPLATANDSOUTHOFMS
26 OF
MARIE RAILROAD CO RIGHT-OF-WAY
PAUL AND S. STE.HT - OF - WAY ACROSS SAID LOT 429 - 22 - 43 -0007) (PIN 17-
WHEREAS, the procedural Kist •follows: histo of this vacation is as
1 •This vacation was reviewed by the Planning CommissiononFebruary5, 1990, The Planningng CommissionrecommendedtotheCitCouncilthatthisvacationn be
2• The City Council held a •public hearing on1990toconsiderthisvacation. Not'Published and mailed u
ice thereof was
pursuant to law. All personspresentatthishearingwere * an •heard and present written °ppOrtunity to bestatements. The council alsoconsideredreportsandrecommendationsstaffandPlanningomm'
ns Of the Citygfission.
WHEREAS, upon vacation fOf -way, he above described streety, public interest in the
o t
ro right -
following- described abutting
property well accrue to thegproperties:
5 Attachment 3
LOTS 22 -30 OF UFTON GROVE 4TH PLAT ANDDESCRIBEDPROPERTIES:THE FOLLOWING
PART OF LOT 4 EAST OF EXTENDED EAST L OF WEST 30 FEET OF LOT28ANDWESTOFEXTENDEDCENTERLINEOFALLEYADJACENTLOT30OFUFTONGROVE4THPLATANDSOUTHOFMSTPAULANDS, SMARIERAILROADRIGHT -OF -WAY ACROSS SAID
TE.
22 -43 -0005 ) ID LOT 4 (PIN 17_29_
PART OF LOT 4 EAST OF EXTENDED CENTER LINE OF LOT 26 ANDWESTOFEXTENDEDELOFWEST30FTOFLOT28OFUFTONGRO4THPLATANDSOUTHOFMST. PAUL AND S
VE
RIGHT -OF -WAY ACROSS
STE. MARIE RAILROADSAIDLOT4 (PIN 17- 29 -22 -43 -0006
PART OF LOT 4 WEST OF EXTENDED CENTER LINE OF LOT 26 OFUFTONGROVE4THPLATANDSOUTHOFMST . PAUL AND S. STEMARIERAILROADCORIGHT -OF -WAY ACROSS29 -22 -43 -0007 SAID LOT 4 (PIN 17_
NOW, THEREFORE, BE IT RESOLVED b the •that it is in the public interest to
Y Maplewood City CouncilPgranttheabove - describedvacationonthebasisofthefollowin 'g findings of fact:
11 The adjoining property owners havea no Interest Inhavingastreetconstructed,
2. The adjoining properties havee adequate street access.
3. This street right-of-way s no
c' Y t needed for area trafficcirculationoremergencyvehicleaccess.
4 • Maplewood's Policy as beenY to vacate unneeded rights -of -way whenever possible.
Adopted this day of 1990.
D
Maplewood Planning Commission 4-Minutes 2 -5 -90
Commissioner Rossbach sec&a4eid A - Axdahl,
Barrett, Fiola,
Gerke, Rossbach,
gmundik
c. Street and Alley Vacations:Effingham Street
Ken Roberts, Associate Planner, • presented the staffreportonthisPlanningCommissionrequestforvacatioofanundevelopedstreetright-of-way n
Avenue and the DNR trail
g of - way between PayneandanalleyvacationKingstonAvenue.. Mr. Roberts north ofissaidtherequestforthenorth-south alley vacation between Kingston andEffinghamshouldbedropped, since the alley is beingaccessandutilitypurposes, gusedfor
A commissioner discussed with staff the possibility ofanaccessorybuildingbeingbuiltwithinhin5 -10 feet of1771PayneAvenueshouldtheright-of-way e vacatedated.
Commissioner Rossbach moved •the Planning CommissionrecommendapprovaloftheresolutionsolutiontovacatetheunimprovedEffinghamStreetright-of-way, west of 1771PayneAvenuetotheDNRtrail. Approval ispublicinterestbecause: in the
1) The adjoining propertyNavinpY owners have no Interest ingastreetconstructed.
2) The adjoining properties
access.
p have adequate street
3) This street right-of-way 'Y 1s not needed for areatrafficcirculationoremergencyvehicleaccess.
4) Maplewood's Policy as b
rights-of-way
been to vacate unneededgof - way whenever possible.
Commissioner Fiola seconded Ayes - - Axdahl,
Barrett, Fiola,
Gerke, Rossbach,
Sigmundik
Commissioner Rossbach moved thea Planning Commissionrecommendtherequestforalleyvacationbedropped.d.
Commissioner Fiola seconded Ayes -- Axdahl,
Barrett, Fiola,
Gerke, Rossbach,
Sigmundik
Action by ounail i
MEMORANDUM
MQd.if.d
TO: c
Cit ecc
FR y Manager
s OM. Shawn Bern - Planning
at
SUBJECT: •nning Intern
RezoningLOCATION:South of Radatz AveAPPLICANT: nue, West of White Bear AvenueCityofMaplewoodDATE: February 13 1990
SUMMARY
INTRODUCTION
The City is proposing a rezonin1, sin le -dwe g from F, farm residential, to R-g lling residential, for the area wAvenuebetweenRadatzAvenue
west of White BeareandCountyRoadC. (Refer to themaponpage6.)
BACKGROUND
November 16, 1989: The City Coun '
o erties w
y it initiated a study by staffofprpwhichhavezoningandlandusedes'are inconsistent. ignations that
January 8, 1990: The City ouncil 'y considered the land north ofRadatzAvenueTheCouncilamendedthelanduse
t plan from RM,residential medium density o RL, residential low density andrezonedthislandfromFtoR -1. The Council talsoinitiated arezoningfromFtoR - for the land west of White Bear AvenuefromRadatzAvenuetoCountRoadYC.
CRITERIA FOR APPROVAL
Section 36 -485 of the City ode retoapprovea
y quires the following findin sPPrezoning: g
10 The proposed change is consistenttent with the spirit oseandintent , purofthezoningcode. p
2• The proposed change will not s •substantially inure or .detractfromtheuseofneighboringpropertyorfromthehecharacteroftheneighborhood, that the use of the property3centtotheareaIncludedinthe
P yad
is adequately safeguarded, Proposed change or plan
3. The proposed change will serve •e the best Interests andconveniencesofthecommunwhere 'public welfare, y' applicable, and the
4. The proposed change would have no negative effect upon thelogical, efficient, and economicalcal extension of publicservicesandfacilities, such as publicPoliceandfirerot
P water, sewers,protect and schools.
DISCUSSION
The land uses in this area consist of ermanent open
s on la
p p space,single dwellings larger lots and a 52 -unit townhouse project.The open space and townhouses would not be effected by thisrezoning, since the open space will not be developed
r
p d and thetownhouseswereapprovedovedwithaconditionalusepermitforaplannedunitdevelopment. The only ffect '
s would
y on the singledwellingsbetoeliminatecommercialagricultural uses.
RECOMMENDATION
Approve the resolution on page 7 to rezone the ro eWhiteBearAvenuebetpp rty west of
between Radatz Avenue and County Road C, fromF, farm residential, to R -1 single dwelling residential,s required
g teal, basedonthefindingqdbyordinance.
2
REFERENCE
Site Description
Area: 50 acres
Existing land use: 20 single-family dw 'g y ellings, Ramsey Countyopenspace, City of Maplewood open space, three and
on -
evelopedparcelseachapproximatelyYehalfacreinsizeandthe52 -unitMapleKnollTownhouseproject.
Surrounding Land Uses
North: Parcels zoned R -1 along he north 'g side of Radatz Avenuedevelopedwithsingle-family dwellings,Y g .
East: An undevelopedp parcel and the office building zonedLBC. Across White Bear Avenue is Ramseyproperty . Y openspaceproPY
South: Single dwellings aloe Kohlma
Count
g n Avenue, Van Dyke andyRoadC.
West: Parcels zoned R -1 developed with singleIngle family homesandundevelopedSouthlawnAvenue,
Planning
Low Density Residential (RL) - "This classification •ication is primarilydesignatedforavarietyofsingle - dwelling homes. An occasionaldoubledwellingmaybeallowed. The max'is 14 people p net acre
maximum population densityPe (page 18 -29) .
Open Space (oS) - This land use c •classification is designed toprovidelanduseareasthroughoutthecommunity 'complement al
g munity which act tocomP1otherlandusesbyprovidingreasonablelebalanceofopenspaceinrelationtourbandevelopment. Within thisclassificationthereareanumberofesciPalinedlanduseactivitieswhichcanbefurtherclassifiedsuchas: Parks andplaygrounds, natural drainage courses '
non - public school cemeteries, public and
grounds, golf courses, lakes, pedestriantrailwaysandscenicdrives, and environ •mental protection areas,encompassing wetlands and flood plains.
Existing. zoning: F, Farm Residential which allows single . f amilydwellings,. general farming, commercial greenhouses and nurseries.Livestock raising, manufactured home parks and golf courses arepermittedwithaconditionalusepermit,
Proposed zoning: R - 11 eSingDwelling •le-
g lung Residential which allowssingle-familyfamily dwellings and public arks. GolfP courses and thestorageofcommercialvehiclesarepermittedwithaconditionalusepermit. nal
3
REZONING
il
Attachments
1. Location
2. Property
39 Rezoning
Map
Line /Zoning Map
Resolution
4
c
G9q
Rh
sc :
R ..W
I
D C ,: Gown
C -
KEY
r
C
L r
RL = Low Density Residential
OS = Open Space
V
r
r
LOCATION MAP
PROPOSED SITE SOUTH OF RADATZ, WEST OF WHITE BEAR AVENUE Q
N
5 Attachment 1
It
Ma .40
wr
PAO 1 i /' /i / /i /ice
Vo -- gP0 4
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0
01 0 or
113 / , rA ;, " .•
0I Op
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arm Residence
ingle Family Residentis
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pw '0 ?
i ., iii / %;iVRA
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7 M
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wUD = Planned Unit Develnnme
REZONING RESOLUTION
WHEREAS, the City of Maplewood initiated a rezoning from F,
farm residence to R -1, single dwelling for the properties west of
White Bear Avenue, between Radatz Avenue and County Road C.
WHEREAS, the procedural history of this rezoning is as
follows
1. This rezoning was reviewed by the Maplewood Planning
Commission on February 20, 1990. The Planning
Commission recommended to the City Council that said
rezoning be
2. The Maplewood City Council held a public hearing on
1990 to consider this rezoning.
Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an
opportunity to be heard and present written statements.
The Council also considered reports and recommendations
of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above- described rezoning be approved on the basis of the
following findings of fact:
11 The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from
the character of the neighborhood, and that the use of
the property adjacent to the area included in the
proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable and the
public welfare.
4. The proposed change would have no negative effect upon
the logical, efficient, and economical extension of
public services and facilities, such as public water,
sewers, police and fire protection and schools.
Adopted this day of , 1990.
7 Attachment 3
Maplewood Planning Commission -10-
Minutes 2 -20 -90
The glance of the motion, removing Item 3, was voted
on.
Ayes
eer,
dahl,
BarrCardinal,
Fisc Gerke,
Ros
Item 3 of t e motion was then voted n.
Ayes -- Axdahl,
Fischer
Nays -- Barrett,
Cardinal, Gerke,
Rossbach
6. UNFINISHED BUSINESS
79 NEW BUSINESS
a. Conditional Use Permit Cope Ave. (Credit Union)
Secretary Olson Ares nt d the staff report for this
requested condition us permit to construct a one -
story, 5,400 -squar -foot lty and County Employees
Credit Union bran offic .
A representativ of the cre it union was present at
this meeting b did not ha any comments.
Commissioner ischer moved th Planning Commission
recommend a ption of the res ution approving a
conditional use permit for an ndefinite period of time
to allow a credit union to be c nstructed 160 'feet from
the adjac nt residential distri t south of Cope Avenue,
based on the findings required b code. Approval is
subject to adherence to the site lan dated January 9,
1990.
Com ssi.oner Cardinal seconded yes -- Axdahl,
B rrett, Cardinal,
Fi` cher, Gerke,
Rossbach
b. Rezoning: West of White Bear Avenue, Radatz Avenue to
County Road C
Ken Roberts, Associate Planner, presented the staff
report for this proposed rezoning from farm residential
Maplewood Planning Commission -11-
Minutes 2-20-90
to single - dwelling residential for the area west of
White Bear Avenue between.Radatz Avenue and County Road
C .
Commissioner Cardinal moved the Planning Commission
recommend approval of the resolution to rezone the
property west of White Bear Avenue, between Radatz
Avenue and County Road C, from.F, farm residential to
R -1, single- dwelling residential, 'based on the findings
required by ordinance.
Commissioner Rossbach seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
co National Conference
Secreta y Olson reported on the budg t approval for the
upcomin national planning confere a in Denver.
Since the e were several commiss'oners interested in
attending, the commissioners de ided that whether a
commission s had attended prey ously and his or her
seniority o the Commission ould be considerations.
Commissioner ardinal
mo7
Commissioner Fischer attend
the conferenc and, in tevent she is unable to
attend, Commis Ger allowed to attend.
Commissioner Ros ach econded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
80 VISITOR PRESENTATIONS
91 COMMISSION PRESENTATIONS
a. Council Meeting: FebruaY'y 12, 1990
Commissionlir Fischer reported on this meeting.
b. Represen ative for the Febru ry 26 Council meeting:
Will Ro sbach
10. STAFF PRESENTATIONS
a. NexVhemeeting: Secretary Olson discussed upcoming items
on March 5 agenda.
MEMORANDUM
e
Moth. r
TO: City Manager ecte
FROM: Thomas Ekstrand, Associate Planner
SUBJECT: Conditional Use Permit -`
LOCATION: Cope Avenue
APPLICANT: City and County Employees Credit Union
PROJECT TITLE: Credit Uni Branch Office
DATE: January 24, 1990
SUMMARY
INTRODUCTION
The applicant is requesting' approval of a conditional use P ermitCUP) to construct a one - story, 5 City. and CountEmployeesCreditUnionbranchoffice. A CUP is required for
construction in an M -1, light manufacturing district, if the
building would be within 350 feet of a residential zone. The
proposed building would be 160 feet from the R -3 district to the
south. Refer to the applicant's letter on page 7.
BACKGROUND
On January 23, 1990, the Community Design Review Board approvedthebuildingandsiteplansandrecommendedapprovaloftheCUP.
CRITERIA FOR APPROVAL
Subsection 36 -442 requires that in order to approve a CUP,findings one through nine, as listed in the resolution on ga 'e 9 ,
must be made.
P
DISCUSSION
The building appears to meet all the findings for a conditional
use permit. A four to six -foot berm is proposed along CopeePAvenuetoscreenthesitefromthetownhousestothesouth. In
addition, the Design Review Board required five evergreens.
RECOMMENDATION
Adoption of the resolution on page 9, approving a conditional use
permit for an indefinite time period to allow a credit union to
be constructed 160 feet from the adjacent residential district
south of Cope Avenue, based on the findings required by code.
Approval is subject to adherence to the site plan, dated January
9, 1990.
2
REFERENCE
SITE DESCRIPTION
11 Site area: 1.21 acres
2. Existing land.use: 'undeveloped
3. Property owner: Warren D. Madigan
SURROUNDING LAND USES
Northerly: An undeveloped .92 acre M -1 zoned lot and Highway 36
Southerly: Cope Avenue and Maple Park Shores Town Homes
Westerly: Undeveloped M -1 zoned. property
Easterly: Sheet Metal Workers Union Hall and credit union
building
PLANNING
1. Land Use Plan designation: LSC, limited service commercial.
Office buildings are permitted in the LSC designation.
2. Zoning: M -1
3. Subsection 36 -187 (b) requires that "no building or exterior
use, except parking, may be erected, altered, or conducted
within 350 feet of a residential district without a
conditional use permit."
CRUNION
ji
Attachments
16 Sherwood Glen Neighborhood Land Use Plan
2, Property Line /Zoning Map
3. Site Plan reduction
4. Applicant's letter of justification dated January 24, 1990
5, Resolution
6. Plans date - stamped January 9, 1990 (separate attachment)
3
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REVISED'
6 -24-85
7--23 -85 .
5 -12 -88
SHERWOOD GLEN
NEIGHBORHOOD LAND USE PLAN
q Attachment 1
B
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6 Attachment 3
COUNTY
EMPLOYEES
CREDIT UNION
144 E. 11 #h STREET • ST. PAUL, MINNESOTA 55101 • (612) 224 -4754
January 24, 1990
City of Maplewood
Thomas Ekstrand, Associate Planner
1830. East County Road B
Maplewood, Minnesota 55109
Dear Mr. Ekstrand;
The City and County Employees Credit Union, as prospective purchaser of
the South 270 feet of the East 230 feet of the South 1/2 of Lot 12, E. G.
Rogers' Garden Lots, Ramsey County, Minnesota, respectfully requests a
Conditional Use Permit for the stated property. I ask that this permit allow
for construction and operation of a Credit Union facility with drive -up teller
capacity for the purpose of serving current and future members in the City of
Maplewood and surrounding communities from a full service branch office.
I offer on behalf of the City and County Employees Credit Union the
following for approval of a Conditional Use Permit.
1. As per our architectural design and site preparation plans as
submitted, it is the intent of the Credit Union to conform
with the City's comprehensive plan and Code of Ordinance.
2. The nature of Credit Union business is within current zoning
limitations and will not alter significantly the character of
the area.
3. The property is currently vacant and unimproved. The
construction of a structure for Credit Union business will
not cause surrounding property to decrease in value.
4. The nature of Credit Union business does not involve any
operational methods or materials dangerous, hazardous,
detrimental, disturbing or cause nuisance to persons or
property because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, vibration, general
unsightliness, electrical interference or other nuisances.
The Credit Union will incorporate adequate drainage and water
runoff controls and confluences in its architectural plans in
accordance with City specifications.
7 Attachment 4
City and County Employees Credit Union
Page Two
5. Vehicular congestion is not anticipated from member
patronage. Design of the drive -up facility allows for
adequate stacking of vehicles waiting for service. There is
sufficient on site parking. Easy access to Highway 36 via
controlled intersections will hold traffic impact from the
proposed branch to a minimum.
6. Public facilities and services as currently provided by the
City are adequate for Credit Union needs.
7. Because the current public facilities and services are
adequate, the Credit Union branch will not create excessive
additional costs.
8. As this property contains no mature trees, development of
this property as proposed, does not detract form the site's
natural or scenic features. Proposed site and landscape
plans will compliment the site and surrounding area.
9. It is the intent of Credit Union to develop this site with as
little adverse environmental impact as possible.
Attached is a list of property owners within 350 feet of the stated
property and their addresses certified the Ramsey County Abstract
off ice.
Respectfully submitted,
I
r , r / ,
Sheldon W. Sanborn
President
SWS:clh
E'
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, the City and County Employees Credit Union
initiated a conditional use permit to construct a new office,
building 160 feet from an adjacent residential district at the
following - described property:
The south 230 feet of the .east 230 feet of Lot 12 , . e . g .
Rogers' Garden Lots, lying south of the center line of Trunk
Highway 36, subject to easements of record.
WHEREAS, the procedural history of this conditional use
permit is as follows:
1. This conditional use permit was reviewed by the
Maplewood Planning Commission on ,
1990. The Planning Commission recommended to the City
Council that said permit be
29 The Maplewood City Council held a public hearing on
1990. Notice thereof was published
and mailed pursuant to law. All persons present at
said hearing were given an opportunity to be heard and
present written statements. The Council also
considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
THAT the above - described conditional use permit be approved on
the basis of the following findings -of -fact:
16 The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's comprehensive plan and Code of ordinances.
2.. The use would not change the existing or planned
character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process,
materials, equipment or methods of operation that would
be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water
or air pollution, drainage, water run -off, vibration,
general. unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic
on local streets and would not create traffic
congestion or unsafe access on existing or proposed
streets.
9 Attachment 5
6. The use would be served by adequate public facilities
and services, including streets, police and fire
protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create. excessive additional costs for
public facilities or services.
8. The use would maximize the preservation of and
incorporate the site's natural and scenic features into
the development design.
91 The use would cause minimal adverse environmental
effects.
Approval is subject to adherence to the site plan, dated
January 9, 199041
Adopted this day of , 1990.
10
Maplewood.Planning Commission -10-
Minutes 2 -20 -90
The balance of a motion, removi P§ Item 3, was voted -
on.
Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Item 3 of the motion Was then `mooted one
Ayes -- Axdahl,
Fischer
Na" —Barrett,
Cards a1, Gerke,
Rossbac
6, UNFINISHED BUSI -MESS
7. NEW BUSINESS
a. Conditional Use Permit: Cope Ave. (Credit Union)
Secretary Olson presented the staff report for this
requested conditional use permit to construct a one -
story, 5,400 - square -foot City and County Employees
Credit Union branch office.
A representative of the credit union was present at
this meeting but did not have any comments.
Commissioner Fischer moved the Planning Commission
recommend adoption of the resolution approving a
conditional use permit for an indefinite period of time
to allow a credit union to be constructed 160 feet from
the adjacent residential district south of Cope Avenue,
based on the findings required by code. Approval is
subject to adherence to the site plan dated January 9,
1990.
Commissioner Cardinal seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
b. Rezoning: West f Wh a Bear Avenue, Radatz Avenue to
County Road C
Ken Roberts, Ass o i to Planner, presented the staff
report for this rop sed rezoning from farm residential
Acg ion by Council ,
MEMORANDUM Endorsed-.-.
L e d fie d .
TO: City Manager. e'eete
FROM: Ken Roberts, Associate Planner
SUBJECT: Land Use Plan Amendment and Rezoning
LOCATION: 1136 -1160 Frost Avenue
APPLICANT: City of Maplewood
OWNERS: Raymond Dykema, Stephen Continenza and Merton Reed
DATE. February 26, 1990
SUMMARY
INTRODUCTION
The City is proposing changes to its land use plan and zoning
map. The land use plan shows how the City expects property. to
develop in the future. The zoning map regulates how property can
be currently used. The City Council has requested a study of
each area where the zoning map and land use plan do not agree.
The area being studied in this report is south of. Frost Avenue
between Phalen Place and the railroad property.
The existing and proposed land use plans are shown on pages 7
and 8. The proposed change is a land use plan amendment from
RM, medium density residential to BW, business warehouse for the
existing BC, business commercial zone south of Frost Avenue.
The property line /zoning map is shown on page 9. The proposed
change is a rezoning from BC, business commercial to M -1, light
manufacturing for the. same area.
CRITERIA FOR APPROVAL
Plan Amendments
Plan amendments require no specific findings for approval. Any
amendment, however, should be consistent with the City's land
use goals and policies.
Rezonings
Section 36 -485 of the City Code requires the following findings
to approve a rezoning.
1. The proposed change is consistent with the spirit, purpose
and . intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from
the character of the neighborhood, and that the use
of the property adjacent to the area included in the
proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and
the public welfare.
4. The proposed change would have no negative effect upon
the logical, efficient, and economical extension of
public services and facilities, such as public water,
sewers, police and fire protection and schools.
DISCUSSION
This area has developed with a mix of commercial and residential
uses. The recommended changes as outlined below attempt to
balance the highest and best use of these properties with a use
that is compatible with the surrounding properties and in a
manner consistent with the City's development policies. The
recommended changes are explained as follows:
Plan Amendment
As shown on the existing land use map, the existing commercial
area is designated RM, medium density residential. The proposed
plan amendment to BW, business warehousing is proposed for the
area currently zoned BC, business commercial and is intended to
be consistent with the existing and expected development patterns
in redevelopment more compatible with the adjacent residential
areas and to be consistent with the proposed M -1 zoning of the
site.
Rezoning
The rezoning to M -1 has been proposed to provide more protection.
for the surrounding homes. The neighborhood to the west is
concerned with the impact that the existing and any future
development might have on their properties. The advantage of the
M -1 zone to the neighbors is that any use developed or
redeveloped within 350 feet of a residential zone requires a
conditional use permit from the City Council. This would involve
a public hearing and the ability for the City to place conditions
on the use. The BW land use classification is the most
appropriate with the M -1 zoning.
The existing businesses (Golf Cars, Maplewood Marine and the
Maplewood Auto Clinic) and the outdoor storage areas could
continue to operate as is, but if they are
proposed for change or are discontinued for one year or more,
this property must be developed according to the zoning in place
at that time.
In addition, the property
considering constructing
mini - warehousing units at
usually found in the M -1
designation.
owner has indicated to - staff that he is
a metal building for storage and /or
this site. These two land uses are
zoning district with a BW land use
2
RECOMMENDATIONS
1. Approve the resolution on page 12 which amends the land use
plan for the BC zone at 113.6 and 1160 Frost Avenue from RM,
medium density residential to BW, business warehouse on the
basis that:
a. The BW designation is consistent with the BC zoning, the
proposed M -1 zoning of the area and the existing uses.
b. This area is better suited to commercial uses than to
residential uses due to its proximity to Frost Avenue
and the existing commercial development.
2. Approve the resolution on page 13 to rezone the property at
1136 and 1160 Frost Avenue from BC, business commercial to
M -1 light manufacturing based on the findings required by
ordinance and that:
a. it would be consistent with the proposed BW designation
on the land use plan.
b. The property has been zoned and used commercially for
many years.
3
CITIZEN COMMENTS
Staff mailed surveys to the 29 property owners within 350 feet
for their comments regarding this proposal. Of the 8 replies, 2
were in favor and 6 objected.
In Favor
11 It would help with.taxes and more new jobs; I am for
progress.
2. It better fits the overall neighborhood.
Objections
1. You are forcing existing established businesses to move.
Leave zoned as is and include the corner lot on Phalen and
Frost in the BC so the marine could use it. (Scharffbilling
1893 Phalen Place)
Staff comment: The proposed plan ame.ndment and rezoning will not
force the existing businesses to move. Of those currently in
operation, the outdoor storage areas. would become nonconforming
uses which require City Council approval for expansion.
2. Lets keep single family housing in the area! Its already
congested with traffic. Consider developing it into more
open space - something Maplewood familys desire and need.
3. No one including us wants a repeat of the awful situation
now at the Henjy Rental on White Bear Avenue near the lovely
fair ground site and other single family dwellings! Please
do not cater to big development - they did not vote you in
and care only for their own pocket books! (Anderson - 1101
Fenton)
4. Why are we trying to fix that which is not broken?
Grambush - 1865 Phalen Place)
5. It is my understanding that if the land is not used for
storage for a period of one year or more, I would loose the
use of this land for outside storage purposes. We feel this
would limit prospective buyers if we decided to sell this
property. We are also concerned about the possibility of
not being able to expand our operation by not being able to
build a storage building. Other concerns include the
possibility of lower real estate values.
Staff reply: The original survey for this site proposed rezoning
the property to BC -M, business commercial modified which would
put limits on the types of future land use activities for this
site.
6. See the letter on page 11.
2
REFERENCE
Site Description
Area: approximately 189,000 square feet (4.3 acres)
Existing Land Uses: Maplewood Marine, Golf Cars showroom,
Maplewood Auto Clinic and outdoor storage areas
Surroundinq Land Uses
North: Frost Avenue and City park
East: undeveloped property zoned R -2 and planned RM
South: City park property
West: single - family homes and lots fronting on Phalen Place
that are planned RL, low- density residential and zoned
R -1, single - dwelling residential.
Past Actions
11- 8 -82:. The City Council amended the land use plan from RM,
residential medium - density, to RL, residential low density for
the area immediately to the west of this site. This is shown on
the map on page 10.
Planning
Low Density Residential (RL) - " This classification is primarily
designated for a variety of single- dwelling homes. An occasional
double dwelling may be allowed. The maximum population density
is 14 people is per net acre" (page 18 -29).
Medium Density Residential (RM) - " This classification is
designated for such housing types as single- family houses on
small lots, two - family homes, townhouses, and mobile homes. The
maximum population density is 22 people per net acre" (page
18 -30) .
Business Warehousing (BW) - Industrial uses found in this
classification include governmental and public utility buildings
and structures, storage and warehousing facilities, wholesale
business and office establishments, cartage and express
facilities, radio and television stations and other industrial
uses of a lower - intensity nature.
R -1, Single - Dwelling Residential - Allows single- family
dwellings, public parks and home occupations. Golf courses and
the storage of commercial vehicles are permitted with a
conditional use permit.
5
BC, Business and Commercial . Allows a wide variety of uses
including hotels and motels, retail stores, restaurants, offices,
banks, automobile sales lots, and theaters. Places of amusement
or ecreation, storage yards, used car lots and metal-storage
buildings are permitted with a conditional use permit.
M -1, Light.Manufacturing - Allows the permitted uses of
the BC district (if not planned LSC or RM), wholesale businesses,
custom manufacturing shops, contractors shops, places of
amusement, laboratories, offices and warehouses. A conditional
use permit is required for used car lots, storage yards,
permitted uses of the BC district (if planned LSC or RM) and any
building or exterior use conducted within 350 feet of a
residential district.
Policy Criteria from the Plan:
Page 18 -2: Zoning maps should be updated, as necessary, to
make both the land use maps and zoning maps compatible.
Page 18 -5: Renewal, replacement and redevelopment of
substandard and /or incompatible development shall be
accomplished through public action and private means
Page 18 -5: Transitions between distinctly differing types
of land uses shall be accomplished in an orderly fashion
which does not create a negative impact on adjoining
developments.
Page 18 -5: Whenever possible, changes in types of land use
shall occur along rear property lines so that similar uses
front on the same street . . .
mb /mem / Frost, LUP
KENRMEM07
Attachments:
1. Gladstone Neighborhood Land Use Plan Map (Existing)
2. Gladstone Neighborhood Land Use Plan Map (Proposed)
3. Property Line /Zoning Map
4. 1982 Property Line Map
5. Letter from Stephen Continenza
6, Rezoning Resolution
7, Plan Amendment Resolution
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1 1
To Whom it May Concern:
The property ITou are trying to re -zone I, Steve Continenza,
purchased in 1985.
The reason for purchasing the property was because it was
commercial property. I am still paying for the property and
will be for the next 15 years. Therefore, I will not allow
someone to degrade my property value by lowering its zoning
value to commercial - modified.
I pay very high property taxes here and operate a. business
from this property. To change it to commercial- modified
would de- value the prope rtv as far as resale value and /or
any future plans I may have for the r. ronert .
I am prepared to fight this to the end if you even consider
changing my zoning.
Stephen A. Continenza, owner
Maplewood Auto Clinic
1160 Frost Avenue
Maplewood, Minnesota 55109
612 -776 -1363
11 Attachment 5
PLAN AMENDMENT RESOLUTION
WHEREAS, the City of Maplewood initiated an amendment to the
Maplewood Comprehensive Plan from RM, medium- density residential
to BW, business warehouse for the following- described property:
Lots 1 -20, Block 1 and Lots 1 -10, Block 2 of Kavanagh +
Dawsons Addition to Gladstone in Section 16, TN 29, RN 220
This property is more commonly described as 1136 and 1160
Frost Avenue, Maplewood;
WHEREAS, the procedural history of this plan amendment is as
follows :
19 The Maplewood Planning Commission held a public hearing
on February 20, 1990 to consider this plan amendment. Notice
thereof was published and mailed pursuant to law. All persons
present at said hearing were given an opportunity to be heard and
present written statements. The Planning Commission recommended
to the City Council that said plan amendment be approved.
2. The Maplewood City Council considered said plan
amendment on , 1990. The Council considered
reports and recommendations from the Planning Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above - described plan amendment be approved on the basis
of the following findings of fact:
10 The BW designation is consistent with the BC zoning,
the proposed M -1 zoning of the area and the existing
uses.
2. This area is better suited to commercial uses than to
residential uses to its proximity to Frost Avenue and
the existing commercial development.
Adopted this day of , 19900
12
REZONING RESOLUTION
WHEREAS, the City of Maplewood initiated a rezoning from BC,
business commercial to M -1, light manufacturing for the
following- described property:
Lots 1 -20, Block 1 and Lots 1 -10, Block 2 of Kavanagh +
Dawsons Addition to Gladstone in Section 16, TN 29, RN 22.
This property is also known as 1136 and 1160 Frost Avenue,
Maplewood;
WHEREAS, the procedural history of this rezoning is as
follows:
1. This rezoning was reviewed by the Maplewood Planning
Commission on February 20, 1990. The Planning
Commission recommended to the City Council that said
rezoning be approved.
2. The Maplewood City Council held a public hearing on
1990 to consider this rezoning.
Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an
opportunity to be heard and present written statements.
The Council also considered reports and recommendations
of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above - described rezoning be approved on the basis of the
following f indings of fact:
116 The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from
the character of the neighborhood, and that the use of
the ro erty adjacent to the area included in thepP
proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable and the
public welfare.
4. The proposed change would have no negative effect upon
the logical, efficient, and economical extension of
public services and facilities, such as public water,
sewers, police and fire protection and schools.
5. It would be consistent with the proposed BW designation
on the land use plan.
13 Attachment 7
4
60 The property has been zoned and used commercially for
many years.
Adopted this day of , 19900
14
Maplewood Planning Commission -2-
Minutes 2-20-90
5. PUBLIC HEARINGS ,
a. 7:30 p.m. - South side of Frost Ave., east of Phalen
Place, Plan Amendment and Rezoning
Ken Roberts, Associate Planner, presented the staff
report for this proposed land use plan amendment from
medium density residential to business warehouse for
the existing business commercial zone south of Frost
Avenue. The proposed rezoning is from business
commercial to light manufacturing for the.same area.
Steve Continenza, owner of Maplewood Auto Clinic, asked
if this rezoning of his property to light manufacturing
would have any affect on his ability to refinance his
property. Staff said the M -1 designation allows the
same commercial uses of the property with a conditional
use permit as business commercial.
Larry Johnson, owner of Maplewood Marine, asked staff
to comment on when a conditional use permit would be
required. Mr. Johnson asked if there would be any
problem with getting a conditional use permit to build
a storage building or for re- fencing his property.
Staff replied that there were no foreseeable problems
that would prohibit a conditional use permit.
Jim Zanken, owner of Maplewood Marine, asked the
Commission about future screening requirements for this
property. Mr. Zanken commented on the additional
parking which is required with a conditional use
permit, but the minimal parking which is available for
City park athletic facilities.
Steve Garr, a resident of Maplewood for nineteen years,
commented on the loss of businesses in Maplewood due to
the recent growth of the City. Mr. Garr said it is in
the City's best interest to retain these businesses.
Commissioner Fischer moved the Planning Commission
recommend approval of the resolution which amends the
land use plan for the BC zone at 1136 and 1160 Frost
Avenue from RM, medium density residential to BW,
business warehouse, on the basis that:
1) The BW designation is consistent with the BC
zoning and proposed M -1 zoning of the area and the
current uses at these locations.
1
Maplewood Planning Commission -3-
Minutes 2 -20 -90
2) This area is better suited to commercial uses than
to residential uses due to.its proximity to Frost
Avenue and the existing commercial development.
Commissioner Rossbach seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Commissioner Fischer moved the Planning Commission
recommend approval of the resolution to rezone the
property at 1136 and 1160 Frost Avenue from BC,
business commercial to M -1, light manufacturing, based
on the findings required by ordinance and that:
1) It would be consistent with the proposed BW
designation on the land use plan.
2) The property has been zoned and used commercially
for many years.
Commissioner Gerke seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Commissioner Rossbach moved the Planning Commission
recommend that the City Council review the available
parking for Gloster Park and look into the status of
the Edward Street right -of -way, investigating the
following:
1) Direct the City parks department to look into a
permanent parking area for Gloster Park.
2) Look into the improvement, vacation, or
appropriate action of the section of Edward Street
running from Frost Avenue south to Ripley Street.
3) Look into who has the responsibility for
maintenance of this section of Edward Street.
4) The accesses /improvements to the park should not
be the responsibility of the abutting property
owners.
Commissioner Gerke seconded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
t-
TO: lCity Manager
FROM: Ken Roberts, Associate Planner
SUBJECT: Highwood Estates No,, 2
LOCATION: South of Highwood Avenue
APPLICANT: Roar Development
DATE. February 27, 1990
INTRODUCTION
h c mo -^ on by Council:
Endorsed
1 tjModif
0
e
Rejeote
Dad
The applicant is requesting five approvals from the City to
develop the Highwood Estates No. 2 subdivision. These are:
1. A Land Use Plan amendment from OS, Open Space to RL,
Residential Low Density for the area of the proposed plat.
This is shown on the maps on pages 12 and 13.
20 The vacation of portions of the undeveloped Sterling
Street right -of- way (see page 16) .
3. Approval of a 30 -foot reduction in the required pipeline
setback for one lot.
4. The approval of a preliminary plat for Highwood Estates
No. 2, a 96 -lot single - dwelling subdivision that is a
continuation of the Highwood Estates Plat.
5. The rezoning of the property in question from F, Farm
Residence to R -1, Single - Dwelling Residential.
BACKGROUND
1. This whole development, including the Highwood Estates plat,
was designated OS, open space and S, school on the City's
land use plan. On May 11, 1987, the City amended the area
for the Highwood Estates plat to RL, residentia1 low
density, since the school was proposed north of Highwood
Avenue. The City Council also approved the preliminary plat
for Highwood Estates. The balance of the property was left
open space because it drains into the ski club property and
the developer could not obtain an easement to drain the
additional water caused by developing the property. The
City has since acquired the necessary drainage easements for
the pond, but the developers must still obtain easements
from their plat to the pond.
2. The final plat for Highwood Estates was approved by the City
Council on April 25, 19880
CRITERIA FOR APPROVAL
Plan Amendments
Plan amendments require no specific findings for approval. Any
amendment, however, should be consistent with the City's land use
goals and policies.
Street Vacation
Chapter 412.851 of state law states that "Council may, by
resolution, vacate any street if it appears to be in
the public interest to do so . . ."
Pipeline Setback
Section 9 -218 (a) of the City Code states that "the City Council
may approve a reduced setback where the applicant can prove that
there is a unique hardship to the property that prevents the
reasonable use and practicable development of the property. In
such cases, the City Council may require berming, an oil
containment system or similar requirements to mitigate the
potential damage to a building by a pipeline leak or explosion."
Rezoninas
Section 36 -485 of the City Code requires the following findings
to approve a rezoning:
1. The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from
the character of the neighborhood, and that the use
of the property adjacent to the area included in the
proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and
the public welfare.
4. The proposed change would have no negative effect upon
the logical, efficient, and economical extension of
public services and facilities, such as public water,
sewers, police and fire protection and schools.
2
DISCUSSION
A number of changes and /or issues with the proposed plat will be
discussed as follows:
Street Vacation
The plat as proposed requires the vacation of portions of the
undeveloped Sterling Street right -of -way in order to develop the
property as proposed. The proposed plan will allow for the
alignment of Sterling Street from this plat with the portion
north of Highwood Avenue and for the lots to have their rear
property lines along the pipe line. This is shown on the map on
page 16.
Sterling. Street south of Southcrest Avenue is not being proposed
for vacation at this time. This is because the Parks and
Recreation Director has requested that it remain to provide a
access to the north end of the ski jump property and a potential
off- street trail location.
Sterling Street and Southcrest Avenue
The City Engineer is recommending that the intersection of these
streets have a 90 -foot radius (as measured along the center line)
so that traffic may move more freely. This change requires that
the property line between Lots 7 and 8 of Block 7 be redesigned
such that it is perpendicular to the center line of the street.
These are shown on the map on page 16.
Pipeline Setback Variance - Lot 9, Block 6
Lot 9, Block 6 cannot meet the 100 -foot pipeline setback
requirement of the City Code. Due to the unique confiquration of
the property lines, the way the pipeline crosses the property
diagonally and the need for Sterling Street to coincide with its
g y
alignment north of Highwood Avenue, staff is recommending that a
30 -foot p pi eline setback variance be granted for this lot. This
setback should be subject to the developer constructing a 6 -foot-
high berm along the west easement line of the pipeline. This
variance would P rovide a building pad. of at least 50 feet in
width and 40 feet in depth for this lot.
In conjunction with this lot, staff is recommending that it be
platted as Outlot B. This is because of its limited buildable
area due to the encroachment of the required temporary cul -de -sac
into the lot and the P Pi eline along its rear property line. This
lot should not be platted as a lot and block or have a home
constructed on it until Sterling Street is constructed through to
Highwood. Avenue.
3
Highwood Avenue Riaht -of -Way
Highwood Avenue currently has a 60- foot -wide (30 feet from
center line) right -of -way. The portion of the proposed plat that
fronts on Highwood Avenue has been drawn with Highwood Avenue
having a 66-foot-wide (33 feet from center line) right -o f -way .
The plat as drawn is correct as Ramsey County will require the
dedication of 3 feet of right -of -way to make the width of the
right -of -way consistent along the south side of the street.
Water main
According to the City Engineer, a 12 -inch diameter water main
will be required from the south end of Marnie Street through the
City park into the plat. The streets to have this size water
main are shown.on'page 15. In conjunction with the water main
running through the park, the City Engineer is recommending that
a 8- foot -wide bituminous trail be constructed from Marnie Street
to the sidewalk at the intersection of Sterling Street and
Southcrest Avenues. This is consistent with the standards that
the St. Paul water utility has for the water main construction
and will provide a hard surface connection between Marnie Street
and the recommended sidewalk along the new collector street.
Storm Water Run -off
The lots along the south side of Southcrest Avenue should be
required to have their roof and driveway runoff drain to the
street so that the area of natural vegetation and trees on these
properties are not disturbed by the extra stormwater. It is
recommended that this be accomplished through the use of deed
restrictions on Lots 11 - 26 of Block One.
The storm water from this development is proposed to run to the
ponding area just west of I -494 on the corner of the ski jump
property. An easement for this pond had been acquired earlier.
n, l +- 1 n+- A
Outlot A has been designed into the plat because the ski jumpers
have been using a portion of this area for stopping after
jumping. The St, Paul Educational Foundation (owners of the ski
jump property) and the developer have worked out an agreement to
deed the outlot to the foundation in lieu of easement
considerations. It appears that this would be in the public
interest so that the future property owners of Lots 17 - 26 of
Block One will not have to deal with the potential of ski jumpers
trespassing. This might occur if their lots were platted through
to the southern most property line.
4
Rezoning
The City Council has been rezoning new subdivisions that are
zoned for F, farm residential to R -1, single- dwelling residential
to prevent the use of these properties for commercial
agricultural uses.
RECOMMENDATIONS
1. Approve the resolution on page 19 which amends the land use
plan for the southern portion of the plat from OS, open
space to RL, low density residential and deletes the minor
collector street on the basis that:
a. The property owner is proposing to develop this
property for single- family homes.
b. The OS designation was left on the property in 1987
because development would cause storm water run -off
onto the ski jump property without drainage easements.
Drainage easements have been, or are in the process of
being obtained.
c. The City has no plans to purchase the property for open
space,
d. The proposed street does not meet the criteria for a
collector.
2. Approve the resolution on page 20 to vacate the portions of
the Sterling Street right -of -way as shown on page 16 of the
staff report. Approval is on the basis that:
a. Sterling Street. north of this plat (between the proposed
vacation and Highwood Avenue) has already been vacated.
b. Sterling Street should be aligned to coincide with
Sterling Street north of Highwood Avenue.
c. The proposed alignment will allow for the rear yards of
the single - dwelling lots to be along the pipeline. This
is preferable to having the street near or on the
pipeline as it minimizes the potential for a leak to
enter the storm sewer or flow along the street.
5
39 Approve the 30 -foot reduction in the required pipeline
setback for Lot 9, Block 6 (Outlot B) on the basis that the
lot has a unique configuration and the need for Sterling
Street to coincide with its alignment north of Highwood
Avenue. This setback reduction shall be subject to the
developer building a 6 -foot -high berm along the west line of
the pipeline easement. The berm shall not have slopes of
greater than a 3:1 ratio. This berm shall be shown on the
grading plan.
4. Approve the Highwood Estates No. 2 preliminary plat subject
to the following conditions being completed before final
plat approval:
a. Submittal of a signed developeris agreement, with
required surety, for all required public improvements,
erosion control and tree replacement. This agreement
shall include, but not be limited to:
1) A requirement f or' the placement of temporary
fencing, during construction, around woodlots to
be saved.
2) The installation of standard street lights in 8
locations, primarily at street intersections. An
additional street light shall be required at the
intersection of Highwood Avenue and Sterling
Street at the time Sterling Street is extended.
The exact location and type of the lights shall be
subject to the approval of the City Engineer.
3) If deemed necessary by the City Engineer, the
construction of a 12 -inch- diameter water main from
the south end of Marnie Street through Pleasant
View Park into the plat. The 12 -inch water main
shall continue from the intersection of Sterling
Street and Southcrest Avenue east along Southcrest
to O'Day Street, then north on O'Day to Ogden
Avenue, ( Nemitz Avenue) , then east to Nemitz
Avenue and shall end at the. intersection of Nemitz
and Southcrest Avenues (Dennis Street).
4) The construction of a 8- foot -wide bituminous trail
from the south end of Marnie Street in
Pleasantview Park to the intersection of Sterling
Street and Southcrest Avenue. The location and
construction of the trail shall be subject to the
approval of the City Engineer and Parks and
Recreation Director.
5) Granting to the City of Maplewood a temporary 100 -
foot- diameter cul -de -sac bulb easement for the
temporary deadend of Sterling Street.
b. The right -angle curve at the intersection of Sterling
Street and Southcrest Avenue shall be redesigned as a
90- foot - radius curve, as measured along the center of
the street. The property line between Lots 7 and 8,
Block 7 shall be redesigned. so that it is perpendicular
to the center line of the street.
C. Sterling Street and Southcrest Avenue shall have a right -
of -way width of 60 feet and a pavement width of 32 feet.
d. Approval of final grading, utility, drainage, erosion
control and street plans by the City Engineer. The
erosion control plan shall address the recommendations of
the Soil Conservation District and the Ramsey - Washington
Watershed District.
e. The grading plan shall include a proposed building pad
elevation and contour information for each home site, as
well as the areas to be disturbed for street construc-
tion. Housing styles shall be illustrated which minimize
grading on sites that contain trees to be preserved. The
grading plan shall show the depth and location of the
Williams Brothers pipeline and shall show the required
berm for Lot 9, Block 6 (Outlot B) along the west
easement line of the pipeline. Deviation from the
approved grading may be permitted by the City Engineer,
provided that the intent of the overall grading plan is
complied with.
f. Approval of a tree removal and planting plan by the
Director of Community development before grading or
construction begins, or final plat approval is given.
This plan must illustrate the trees that are to be
removed, those that are to be retained, and those that
are to be replanted.
g. Recordable deed restrictions to be recorded to run with
the title of the affected parcels, shall be submitted to
the City along with the appropriate recording fees to:
1} Require that the runoff from the roofs and
driveways for the homes to be built on Lots 11 - 26,
Block One, to be diverted to.Southcrest Avenue. The
restriction shall also state that rain gutters and
acceptable site grading and sodding shall be
employed and maintained for the life o f each
property, as required by the City Engineer.
7
2} Except for Lot 9, Block 6, prohibit the construction
of a dwelling within 100 feet of the Williams
Brothers pipeline. (The lots that appear to be
effected are Lots 1 - 8, Block Six and Lot 26, Block
One.) The developer shall also notify the purchasers
of the pipeline location.
h. This plat shall be subject to Section 9 -191 of the
Maplewood City Code (Environmental Protection) including
providing the City Engineer with a study prepared by a
registered soils engineer to certify the stability of
potentially unstable slopes in the areas of the plat that
will have significant.grading.
i. Lot 8, Block 7 shall be dedicated to the City for park
purposes. The City will pay for this lot from PAC funds.
If the developer and the Parks Director cannot agree on
a purchase price for this lot, the developer shall pay
for an appraisal, which shall determine the price of the
lot.'
j. Deed Outlot A to the St. Paul Education Foundation.
k. The dedication of three feet of right -of -way to Ramsey
County for Highwood Avenue.
1. Change the name of the north - south portion of Southcrest
Avenue to Dennis Street to be consistent with Maplewood's
street name system.
m. Crestview Court shall be renamed Mamie Court.
n. Ogden Avenue'shall be renamed Nemitz Avenue.
o. Lot 9, Block 6 shall be platted as Outlot B. This outlot
shall not platted or used as a building site until
Sterling Street is constructed through to Highwood
Avenue.
P. Public storm water piping easements shall be obtained
from the owners of the St. Paul Education Foundation
property to allow storm
I
water from the plat to reach the
City ponding area.
5. Approve the resolution on page 22 to rezone this property
from F, farm residential to R -1, single - dwelling residential
based on the findings required by ordinance and that the R -1
zoning would be consistent with the proposed RL designation
on the land use plan.
8
CITIZEN COMMENTS
Staff mailed surveys to the 53 property owners within 350 feet of
this site for their comments on this proposal.
I Of the 20
replies, 5 were in favor, 4 had no comment and 11 objected.
Tr V. vrr%r
1. See the letters on pages 17 and 18.
2. The development will help bring in tax dollars for Maplewood
and especially help this part of Maplewood.
3. It will continue planned development in the area and hopefully
broaden the tax base thereby reducing home owner taxes.
4. It is good for the economy.
Objections
1. The lot size adjoining the current lots are smaller. I am
concerned about houses being on top of or too close to the
Williams Pipe Line. Another question I have is in regards.
to the water run -off from this development.
Gardiner - 1048 Marnie)
2. I have not heard of any resolutions concerning the water
runoff problem. I fear that my property may be devalued
because the new Phase II development is not putting up
houses equal or higher value. Our lots are close to 1/3
acre. Given the idea of development - that appearing
imminent, we prefer single - dwelling homes.
Francis - 1058 Marnie)
3. I think that Nemitz should connect through to Sterling and
the proposed lots on the west side of Sterling should have
their width increase to 100 feet to match those on the east
side of Marnie Street. (Fabio - 1068 Marnie)
4. The proposed lot sizes are substaintially smaller and will
have a negative financial impact on the adjoining home owners
property values, which are 1/3 acre in size. Highwood Avenue
is narrow, hilly and without shoulders. It was not designed
as a potential high traffic thru street and is unsafe to
handle increased traffic flow. (Wohlhuter - 1024 Marnie)
5. The increase in traffic, driving out the wildlife and the
need for open space. (Fleming - 1008 Marnie)
01
6. We would hope, if this area is developed, that it be required
of the builders to build homes in the price range of the
homes in Phase I. We do not wish to see our property value
decrease due to cheaper housing. Also, I would hope that as
many trees as possible remain in that area.
Berling 979 O'Day)
7. The high concentration of people is undesirable for the area.
White - 963 Ferndale)
Staff reply: All of the lots as proposed will meet the
requirements of the Maplewood City Code for lot width, area and
density. The Pleasantview Park lots range in area from 77,268 to
10,935 square feet. The median size is 15,000 square feet. The
proposed lots in the Highwood Estates No. 2 range from 75,036 to
11,082 square feet. The median size would be 17,769 square feet.
The minimum lot area required by City Code is 10,000 square feet.
It is the City Attorney's opinion that the City cannot require a
larger minimum lot size than is established by City Code. Except
for Lot 9 Block 6, all of the proposed lots adjoining the
pipeline are large enough so that homes constructed on them can
meet the City Code requirements for setback distance from the
pipeline.
Highwood Avenue is designated as a collector street. It is
planned to handle the traffic from this and other developments in
the area. According to County Traffic Engineer, a two -lane
county road, such as Highwood Avenue, can safely handle 6,000 -
7,000 trips per day. The current traffic count for Highwood
Avenue is approximately 1,000 trips per day. This is well below
the capacity of the road.
10
REFERENCE
SITE DESCRIPTION
1. Area: 52.47 acres (gross), 41.54 acres (net)
2. Existing land use: undeveloped
3. Property Owners: A + R properties (developer), Mike and Jean
Hafner, Steve and Rite Shor
SURROUNDING LAND USES
North: Single - dwelling lots on O'Day, McCleland and Ferndale
Streets and a 3.5 -acre tract with a single-family home
East: A 4 -acre tract of land planned for low - density
residential development with one single-family dwelling
South: St. Paul Educational Foundation property used for ski
jumping
West: Pleasant View Park and single- family homes on Marnie
Street
PLANNING
1. Land use plan designation:
Existing - Open Space (OS) and Low - density residential (RL)
Proposed - Low - density residential (RL)
2. Proposed density:
2.3 units per acre (gross) and 1.8 units per acre (net)
3, Zoning:
Existing - F, farm residence
Proposed - R -1, single - dwelling residential
mb \mem \highroar.mem
Attachments:
1, Highwood Land Use Plan Map (Existing)
2. Highwood Land Use Plan Map (Proposed)
3. Property Line /Zoning Map
49 Proposed Preliminary Plat
59 Preliminary Plat Detail
60 2 -2 -90 letter from the St. Paul Educational Foundation
7. 2 -5 -90 letter from Dean Sherburne (1078 Marnie Street)80 Plan amendment resolution
9. Street Vacation Resolution
10. Rezoning resolution
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16 ATTACHMENT 5
City of Maplewood February 2, 1990
1830 E. County Road B
Maplewood, MN 55109
Olson AICP - Director of Community Dev.
Attention: Geo
Subject:Prelim nar ' Plat for Highwood Estates Number Two
y
MEMORANDUM
in the agreement dated June 27, 1988,
As established g
o P 7nthisproject,, a storm sewer and ponding area
1
easement has be=e.n granted the City of Maplewood by the St. Pau
for run -off wateEducationalFoundation r from this development.
e underground conduits
wever, the placement g
Ho t and design of the
Hi hwood Estates Number Two across
to carry the water from g
i
our property to the existing storm sewer pipeline are yet t
ed. Our ranting of easements to cover these
to be establish. g
a
connecting conduits is contingent on o ur ap of the
tlement
final design and also on our reaching a satisfactory set
regarding this projectwiththedevelopergg t as well as the
un -f i nished committment.s a reementointhe6/27/88 g
We look forward to reviewing the plans and arranging
the necessary agreements so as to enable us to grant the
required easements.
Yours very truly, /
Thomas L. Harrington, resident
cc: Roar Development
17 ATTA C MENT 6
DIKCGI VKZA
THOMAS L. HARRINGTON PRESIDENT
THOMAS L. HARRINGTONZeeO {
The LOUIS W. HILL. JR.
JOHN R. LYONS
LUKE J..SOLER VICE PRESIDENT
1849 MARGARET ST.
WILLIAM A MAHRE
HAROLD R. PETERSEN
ST. PAUL, MINN 55118 WILLIAM E. RYAN
WILLIAM E. RYAN, sEC•Y•TREAS.Educat Foundation, Inc.
PHILLIP L. SANDERS
CARL R. SODERBECK
529 BURLINGTON
ST. PAUL. MINN slits 2278 Timberlea Drive LUKE J. SOLER
Woodbury, MN 55.125
FRANK R. THOMPSON
WALLACE P . WAKEFIELD
RICHARD WAKEFIELD
City of Maplewood February 2, 1990
1830 E. County Road B
Maplewood, MN 55109
Olson AICP - Director of Community Dev.
Attention: Geo
Subject:Prelim nar ' Plat for Highwood Estates Number Two
y
MEMORANDUM
in the agreement dated June 27, 1988,
As established g
o P 7nthis project,, a storm sewer and ponding area
1
easement has be=e.n granted the City of Maplewood by the St. Pau
for run -off wateEducationalFoundation r from this development.
e underground conduits
wever, the placement g
Ho t and design of the
Hi hwood Estates Number Two across
to carry the water from g
i
our property to the existing storm sewer pipeline are yett
ed. Our ranting of easements to cover these
to be establish. g
a
connecting conduits is contingent on o ur ap of the
tlement
final design and also on our reaching a satisfactory set
regarding this projectwiththedeveloperggt as well as the
un -f i nished committment.s a reementointhe6/27/88 g
We look forward to reviewing the plans and arranging
the necessary agreements so as to enable us to grant the
required easements.
Yours very truly, /
Thomas L. Harrington, resident
cc: Roar Development
17 ATTA C MENT 6
February 5, 1990
Mr. Geoff Olson:
Thank you for keeping me informed of the progress on the Highwood Estates
development project. We have had open spaces around our home for several .years,
and I appreciate that. I also recognize that Maplewood is expanding and it is
not unrealistic to have homes built around us in the very near future.
I have a few suggestions that I hope will help:
1. The lots appear to be considerably smaller than the size of the
neighboring lots, which are all 15,000 square feet.
2. There are six lots west of Sterling Street that have the same total
width as five lots in the adjacent Pleasantview Park plat. These six lots
also appear to be less deep than those in Pleasantview Park. All lots in
Pleasantview Park are 15,000 square feet. Can you please, make the lots
adjacent to Pleasantview Park at least 15,000 square feet? I expected the
developer to recognize the greater value of the lots near the park. This
would probably be to the developers advantage to increase th.e size of these
lots.
3. I recommend that you request the city to vacate Sterling Street on the
east side of Pleasantview Park and add this property to the park. I believe
Sterling Street south of the park has already been vacated and given to
the St. Paul Ski Club.
4. If Sterling Street connected to Nemi tz Street, you could also eliminate
the need for Crestview Street west of O'Day Street. A path access to the
park would still be required, but an additional 40 feet which is currently
Southcrest could be added to the lots to increase their size.
Geoff, you may contact me at 688 -4147 during the day if you have any question
about my recommendations.
Sincerely,
Dean E. Sherburne
1078 Marnie Street
Maplewood, MN 55119
688 -4147 day
738 -1401 evening
hw. est)
18 ATTACHMENT 7
PLAN AMENDMENT RESOLUTION
WHEREAS, Roar Development initiated an amendment to the
Maplewood Comprehensive Plan from OS, open space to RL, low
density residential and deletes the minor collector street for
the following- described property:
Outlot A, Highwood Estates (Parcel 13- 28 -22 -42 -0040)
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public hearing
on February 20, 1990 to consider this plan amendment.
Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an
opportunity to be heard and present written statements.
The Planning Commission recommended to the City Council
that said plan amendment be approved.
2. The Maplewood City Council considered said plan
amendment on , 1990. The Council
considered reports and recommendations from the
Planning Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above - described plan amendment be approved on the basis
of the following findings of fact:
1. The property owner is proposing to develop this
property for single - family homes.
2. The OS designation was left on the property in 1987
because development would cause storm -water runoff. onto
the ski jump property without drainage easements.
Drainage easements have now been, or are in the process
of being obtained.
3. The City has no plans to purchase the property for open
space.
4. The proposed street does not meet the criteria. for a
collector.
Adopted this day of 19900
19 Attachment 8
VACATION RESOLUTION
WHEREAS, Roar Development initiated proceedings to vacate
the public interest in the following - described property!
The undeveloped Sterling Street right -of -way from the south
property line of Parcel 13- 28 -22 -31 -0067 to a point 320 feet to
the south (as measured along the center line) and the Easterly 6
feet of the undeveloped Sterling Street right -of -way from a point
220 feet south of the south property line of Parcel 13-28-22-31-
0067 to a point 420 feet south.
WHEREAS, the following adjacent properties are affected:
Outlot A of Highwood Estates (Parcel 13- 28 -22 -42 -0040) and
subject to road, except the north 552.1 feet of the following:
Part westerly of center line of said road of Northwest 1/4 of
Southeast 1/4 and part east of Pleasant View Park north of the
Northeast 1/4 of Southwest 1/4 of Section 13, Township 28, Range
22 (Parcel 13- 28- 22 -31- 0064)0
WHEREAS, the procedural history of this vacation is as
follows:
1. A majority of the owners of property abutting said
street right -of -way have signed a petition for this
vacation;
20 This vacation was reviewed by the Planning Commission
on February 20, 1990, The Planning Commission
recommended to the City Council that this vacation be
approved. .
3. The City Council held a public hearing on
1990 to consider this vacation. Notice thereof was
published and mailed pursuant to law. All persons
present at this hearing were given an opportunity to be
heard and present written statements. The Council also
considered reports and recommendations of the City
staff and Planning Commission.
WHEREAS, upon vacation of the above - described street right-
of-way public interest in the property will accrue to the
following- described abutting properties:
Outlot A of Highwood Estates (Parcel 13- 28 -22 -42 -0040) and
subject to Road; except the North 552.1 feet of the
following: Part westerly of center line o f .said road of
Northwest 1/4 of Southeast 1/4 and part east of Pleasant
View Park north of the Northeast 1/4 of Section 13, Township
28, Range 22 (Parcel 13- 28 -22 -31 -0064) .
20 Attachment 9
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council
that it is in the public interest to grant the above - described
vacation on the basis of the following findings of fact:
1. Sterling Street between the proposed vacation and
Highwood Avenue has already been vacated.
2. Sterling Street should be aligned to coincide with
Sterling Street north of Highwood Avenue.
3. The proposed alignment will allow for the rear yards of
the single - dwelling lots to be along the pipeline.
This is preferable to having the street near or on the
pipeline as it minimizes the potential for a leak to
enter the storm sewer or flow along the street.
Adopted this day of , 19900
21
REZONING RESOLUTION
WHEREAS, Roar Development initiated a rezoning from F, farm
residential to R -1, single- dwellinng residential for the
following - described property:
1. Outlot A, Highwood Estates (Parcel 13- 28- 22- 42 -40)0
20 SUB TO STH 100/117 THE W 100 FT OF E 298 FT OF N 245 FT
OF W 1/2 OF NE 1/4 OF SE 1/4 AND W 63 FT OF E 361 FT OF
NO 183 9/10 FT OF SD W 1/2 IN SEC 13 TN 28 RN 22
PARCEL 13- 28- 22- 41- 00.12).
3, EX E 173 FT OF N 1100 FT W OF CARVER LOTS & EX W 100 FT
OF E 298 FT OF N 245 FT & EX W 63 FT OF E 361 FT OF N
183.9 FT OF W 1/2 OF NE 1/4 OF SE 1/4, PART, NWLY OF
HWY 494, OF NE 1/4 OF SE 1/4, ALSO, PART NWLY OF HWY
494 OF GOVT LOT 1 IN SEC 13 TN 28 RN 22 (PARCEL 13 -28-
22 -41- 0013).
4, SUBJ TO RD; EX N 552.1 FT OF FOL; PART WLY OF CL OF SD
RD OF NW 1/4 OF SE 1/4 & PART E OF PLEASANTVIEW PARK NO
2 OF NE 1/4 OF SW 1/4 OF SEC 13 TN 28 RN 22 (PARCEL 13-
28- 22- 31- 0064).
WHEREAS, the procedural history of this rezoning is as
follows:
10. This rezoning was reviewed by the Maplewood Planning
Commission on February 20, 1990. The Planning
Commission recommended to the City Council that said
rezoning be approved.
2. The Maplewood City Council held a public hearing on
1990 to consider this rezoning.
Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an
opportunity to be heard and present written statements.
The Council also considered reports and recommendations
of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above - described rezoning be approved on the basis of the
following findings of fact:
10 The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from
the character of the neighborhood, and that the use of.
the property adjacent to the area included in the
proposed change or plan is adequately safeguarded.
22 Attachment 10
3. The proposed change will serve the best interests and
conveniences of the community, where applicable and the
public welfare.
4. The proposed change would have no negative effect upon
the logical, efficient, and economical extension of
public services and facilities, such as public water,
sewers, police and fire protection and schools.
5. The proposed R -1 zoning would be consistent with.the
proposed RL designation on the Land Use Plan.
Adopted this day of , 1990.
23
Maplewood Planning Commission -4-
Minutes 2-20-90
b. 8:00 p.m. Highwood Estates No. 2
Secretary Olson presented the staff report. A
commissioner objected to approval of this pipeline
setback variance because of the possible hazards
involved with a possible leak or explosion and, also,
because it would set precedence with the development in
this area.
Roy Bredahl, representing the applicant, said he
objected to the recommendations of the staff report
which require that sidewalks be installed and that no
parking signs be posted on one side of Sterling Street
and Southcrest Avenue.
Mike Hafner, owner of a portion of the property, said
he objected to the requirement for sidewalks and said
the requirement for no parking on one side of Sterling
Street and Southcrest Avenue should only be required if
a parking problem develops.
Steve Shor, 2060 Highwood Avenue, owner of a portion of
this property, said the streets are wide enough to be
used for walking and he objected to the requirement for
the installation of sidewalks.
Art Werthauser, representing the applicant Roar
Development, said delaying the approval for development
of this property leaves Mr. Shor unable to develop his
property. Mr. Werthauser said Lot 9 has been proposed
for development so that if there were an oil spill, the
drainage would be away from the house. Mr. Werthauser
proposed that. the no parking requirement on Sterling
Street and Southcrest Avenue be postponed until these
streets are considered collector streets.
Bill Mahre, St. Paul Education Foundation, was present
and spoke regarding the St. Paul Ski Club and the past
drainage policies and agreements for this area. Mr.
Mahre asked that the completion of the drainage plan
for Carver Avenue and the Fish Creek watershed area be
completed before this proposed project is started. Mr.
Mahre asked that the City Engineer provide a map
showing the location of the drainage line from the new
development into the ski club property drainage pond.
The Director of Public Works responded that the linear
drainage easement into the pond is part of the
agreement between the ski club and the developer,
however, the City is requiring that those easements be
acquired.
Maplewood Planning Commission -5-
Minutes 2 -20 -90
Nick Marnie, 1058 Marnie Street, asked for information
on the size of the proposed lots.
Dean Wohlhuter, 1024 Marnie Street, commented on the
amount of traffic and number of children using Highwood
Avenue and asked if there are any plans to widen this
street. Secretary Olson said Highwood Avenue is a
County road and the most recent information he had
received from the county was that this road had not
reached the planned capacity to receive any
improvement. Ken Haider, Director of Public Works,
said that if no parking or speed limit reduction sign
requests are to be made regarding this street, the
requests should be directed to him at the City and he
will submit the request to the City Council, who will
then direct the request to the county.
Commissioner Fischer moved the Planning Commission
recommend:
1) Approval of the resolution which amends the land
use plan for the southern portion of the plat from
OS, open space to RL, low density residential, and
elimination of the minor collector designation, on
the basis that:
a) The property owner is proposing to develop
this property for single - family homes.
b) The OS designation was left on the property
in 1987 because development would cause storm
water run -off onto the ski jump property
without drainage easements. Drainage
easements have been or are in the process of
being obtained.
c) The City has no plans to purchase the
property for open space.
d) The proposed street does not meet the City's
criteria for collector designation.
2) Approval of the resolution to vacate portions of
the Sterling Street right -of -way. Approval is on
the basis that:
a) Sterling Street north of this plat (between
the proposed vacation and Highwood Avenue)
has already been vacated.
Maplewood Planning Commission -6-
Minutes 2-20-90
b) Sterling Street should be aligned to coincide
with Sterling Street north of Highwood
Avenue.
c) The proposed alignment will allow for the
rear yards of the single- dwelling lots to be
along the pipeline. This is preferable to
having the street near or on the pipeline as
it minimizes the potential for a leak to
enter the storm sewer or flow along the
street.
3) Approval of the 30 -foot reduction in the required
pipeline setback for Lot 9, Block 6, (Outlot B),
on the basis that the lot has a unique
configuration and the need for Sterling Street to
coincide with its alignment north of Highwood
Avenue. This setback reduction shall be subject
to the developer building a 6- foot=high berm along
the west line of the pipeline easement. The berm
shall not have slopes of greater than a 3:1 ratio.
This berm shall be shown on the grading plan.
4) Approval of the Highwood Estates No. 2 preliminary
plat, subject to the following conditions being
completed before final plat approval:
a) Submittal of a signed developer's agreement,
with required surety, -for all required public
improvements, erosion control and tree
replacement. This agreement shall include
but not be limited to) :
1) A requirement for the placement o f
temporary fencing, during construction,
around woodlots to be saved.
2) The installation of standard street
lights in 8 locations, primarily at
street intersections. An additional
street light shall be required at the
intersection of Highwood Avenue and
Sterling Street at the time Sterling
Street is extended. The exact location
and type of lights shall be subject to
the approval of the City Engineer.
3) If deemed necessary by the City
Engineer, the construction of.a 12 -inch-
diameter water main from the south end
Maplewood Planning Commission -7-
Minutes 2 -20 -90
of Marnie Street through Pleasant View
Park into the plat. The 12 -inch water
main shall continue from the
intersection of Sterling Street and
Southcrest Avenue east along Southcrest
to O'Day Street, then north on O'Day to
Ogden Avenue, (Nemitz Avenue), then east
to Nemitz Avenue and shall end at the
intersection of Nemitz and Southcrest
Avenues (Dennis Street).
4) The construction of a 8- foot -wide
bituminous trail from the south end of
Marnie Street in Pleasant View Park to
the intersection of Sterling Street and
Southcrest Avenue. The location and
construction of the trail shall be
subject to the approval of the City
Engineer and Parks and Recreation
Director.
5) Granting to the City of Maplewood a
temporary 100- foot - diameter cul -de -sac
bulb easement for the temporary dead end
of Sterling Street.
b) The right -angle curve at the intersection of
Sterling Street and Southcrest Avenue shall
be redesigned as a 90- foot - radius curve, as
measured along the center of the street. The
property line between Lots 7 and 8, Block 7,
shall be redesigned so that it is
perpendicular to the center line of the
street.
c) Sterling Street and Southcrest Avenue shall
have 'a right -of -way width of 60 feet and a
pavement width of 32 feet.
d) Approval of final grading, utility, drainage,
erosion control and street plans b the CityY
Engineer. The erosion control plan shall
address the recommendations of the Soil
Conservation District and the Ramsey -
Washington Watershed District.
e) The grading plan shall include a proposed
building pad elevation and contour
information for each home site, as well as
the areas to be disturbed for street
Maplewood Planning Commission -8-
Minutes 2 -20 -90
construction. Housing styles shall be
illustrated which minimize grading on sites
that contain trees to be preserved. The
grading plan shall show the depth and
location of the Williams Brothers pipeline
and shall' show-the required berm for Lot 9,
Block 6, (Outlot B) along the west easement
line of the pipeline. Deviation from the
approved grading may be permitted by the City
Engineer, provided that the intent of the
overall grading plan is complied with.
f) Approval of.a tree removal and planting plan
by the Director of Community Development
before grading or construction begins or
final plat approval is given. This plan must
illustrate the trees that are to be removed,
those that are to be retained, and those that
are to be replanted.
g) Recordable deed restrictions to be recorded
to run with the title of the affected
parcels, shall be submitted to the City along
with the appropriate recording fees to:
1) Require that the runoff from the roofs
and driveways for the homes to be built
on. Lots 11 -26, Block 1, to be diverted
to Southcrest Avenue. The restriction
shall also state that rain gutters and
acceptable site grading shall be
employed and maintained for the life of
each property, as required by the City
Engineer.
2 ) Except for Lot .9, Block 6, prohibit the
construction of a dwelling within 100
feet of the Williams Brothers pipeline,,
The lots that appear to be affected are
Lots 1 -8, Block 6, and Lot 26, Block 11)
The developer shall also notify the
purchasers of the pipeline location.
h) This plat shall be subject to Section 9 -191
of the Maplewood City code (Environmental
Protection), including providing the City
Engineer with a study prepared by a
registered soils engineer to certify the
stability of potentially unstable slopes in
the areas of the plat that will have
significant grading.
Maplewood Planning Commission -9-
Minutes 2 -20 -90
i) Lot 8, Block 7, shall be dedicated to the
City for park purposes. The City will pay
for this lot from PAC funds . If the
developer and the parks director cannot agree
on a purchase price for this lot, the
developer shall pay for an appraisal which
shall determine the price of the lot.
j) Deed Outlot A to the St. Paul Education
Foundation.
k) The dedication of three feet of right -of -way
to Ramsey County for Highwood Avenue.
1) Change the name of the north -south portion of
Southcrest Avenue to Dennis Street to be
consistent with Maplewood's street name
system.
m) Crestview Court shall be renamed Mamie Court.
n) Ogden Avenue shall be renamed Nemitz Avenue.
o) Lot 9, Block 6, shall be platted as Outlot B.
This outlot shall not be. platted or used as a
building site until Sterling Street is
constructed through to Highwood Avenue.
p) Public stormwater piping easements shall be
obtained from the owners of the St. Paul
Education Foundation property to storm
water from the plat to reach the City ponding
area.
5) Approval of the resolution to rezone this property
from F, farm residential to R -1, single- dwelling
residential, based on the findings required by
ordinance and that the R -1 zoning would be
consistent with the proposed RL designation on the
land use plan.
Commissioner Gerke seconded
Commissioner Rossbach moved for division of the
question to remove Item 3 to be voted on separately.
Commissioner Cardinal seconded Ayes-- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
Maplewood Planning Commission -10-
Minutes 2- 2.0 -90
The balance of the motion, removing Item.3, was voted
on.
Ayes -- Axdahl,
Barrett, Cardinal,.
Fischer, Gerke,
Rossbach
Item 3 of the motion was then voted on.
Ayes -- Axdahl,
Fischer
Nays -- Barrett,
Cardinal, Gerke,
Rossbach
6, UNFINISHED BUSINESS
7, NEW BUSINESS
a. Conditional Use Permit: Cope Ave. (Credit Union)
SecretaVy Olson presented the
st report for this
requeste conditional use permit construct a one -
story, 5,4,00- square -foot City an unty Employees
Credit Uni`_ n branch office,
A representative of the cred union was present at
this meeting did not ha e any comments.
Commissioner F scher mov the Planning Commission
recommend adopt'on of t e resolution approving a
conditional use ermit for an indefinite period of time
to allow a credit uni n to be constructed 160 feet from
the adjacent resid ial district south of Cope Avenue,
based on the findi s required by code. Approval is
subject to adhere e to the site plan dated January 9,
1990.
Commissioner C dinal s conded Ayes -- Axdahl,
Barrett, Cardinal,
Fischer, Gerke,
Rossbach
b. Rezoning: West of White Bea Avenue, Radatz Avenue to
County R ad C
Ken R erts, Associate Planner, the staff
opre for this proposed rezoning from farm residential
0
AGENDA ITEM
AGENDA REPORT by Councilej
tndorse
TO: City Manager
FROM:- Assistant City Engineerineer Re j este
Date
SUBJECT: Holloway Avenue, Beebe Road to Furness Street,
Project 87 -1.4, Public Hearing and Cooperative
Agreement
DATE. March 1, 1990
Introduction
Transmitted herewith is the public hearing mailing record for
this project. A copy of the proposed cooperative agreement is
attached. The cooperative has been revised from the version
presented with the January 30, 1990, agenda report in accordance
with the review comments of the Ramsey ount attorne . AYYy
resolution is attached to order the project and authorize
execution of the cooperative agreement.
Background
A copy of the January 30, 1990, agenda report is attached for
ref erence . The proposed f inancing of the city' s. share of the
costs is special assessments at the rate of $15 per front foot
and $46.60 per front foot for street and water main with
services, respectively. This recovers approximately $35,550.
The balance of local share costs of approximately $47,210 is to
be financed from MSA funds. In fact, an amount of $70,180 is
eligible for municipal state aid funding. If the full eligible
amount of MSA funds were applied for, then an excess of about
22,970 would be generated.
Recommendation
It is recommended that the council adopt the attached resolution.
BAI
j 0
Attachments
RESOLUTION
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing on the
construction of bituminous street with concrete curb and gutter,
storm sewer, water main, services, and appurtenances on Holloway
Avenue from Beebe Road to Furness Street, City Project 87 -14, a
hearing on said improvement in accordance with the notice duly
given was duly held on March 12, 1990, and the council has heard
all persons desiring to be heard on the matter and has fully.
considered the same;
NOW,.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. That it is advisable, expedient and necessary that the
City of Maplewood construct bituminous street with concrete curb
and gutter, storm sewer, water main, services, and appurtenances
on Holloway Avenue from Beebe Road to Furness Street, City
Project 87 -14, as described in the notice of hearing thereof, and
orders the same to be made.
2. The city engineer is designated engineer for this
improvement and is hereby directed to prepare final plans and
specifications for the making of said improvement.
39 The project budget is amended to $82,760. The project
financing shall be as follows:
Municipal State Aid $47,210
Assessment, Water Main ($46.60/FF x 570 FF) 27,000
Assessment, Street ($15 /FF x 570 FF) 8.550
Total 82,760
49 The mayor is hereby authorized to execute the
cooperative agreement with North St. Paul and Ramsey County.
Public Hearing .
Public Improvement 8.7 -14
Holloway Avenue
Beebe Road to Furness Street
March 12, 1990
9 p.m.
NOTICE OF HEARING OF IMPROVEMENT
TO WHOM IT MAY CONCERN:
WHEREAS, the City Council of the
County, Minnesota, deems it-hecessary
improvement hereinafter described, be
NOW THEREFORE, notice is hereby
will hold a p ublic hearing on said im;
time and place within the said city.
City of Maplewood, Ramsey
and expedient that the
made,
given that the city council
provement at the following
DATE: March 12 1. 1990
TIME: 9 p.m.
LOCATION: Temporary Council Chambers
Hazelwood Fire Station.
1530 East County Road C
Maplewood, Minnesota 55109
T generaleneral nature of the improvement is the construction of
Project 87 - 14: Holloway Avenue with bituminous street, concrete
curb and gutter, storm sewer, water main and the necessary
appurtenances in the following- described areas:
On Holloway Avenue between Beebe Road and Furness Street.
THE TOTAL ESTIMATED COST OF SAID IMPROVEMENT IS $229,290•
it is ro osed to assess every lot, piece or parcel of land
p p
abuttingbenefittedbysaidimprovementwhetherg thereon or not,
based upon benefits received without regard to cash valuation.
Persons desirin g to be heard with reference to the proposed
improvement should be present at this hearing.
This council ro oses to proceed under the authority grantedpP
by Chapter 429 MSA.
Dated this 13th day of February, 1990.
BY ORDER OF THE CITY COUNCIL
u ille E. Aurelius, City Clerk
City of Maplewood Minnesota
Publish: Maplewood Review
February 28 and March 7 1990
a/
U1 L)t
IPLViVOZOD
1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109
DEPARTMENT OF PUBLIC WORKS 612- 770 -4550
i
February 22, 1990
Residents of Holloway Avenue between Furness Street and McKnight
Road:
The construction of a 44 -foot wide bituminous roadway on the
vacant Holloway Avenue right -of -way from Beebe Road to Furness
Street was authorized by the Maplewood City Council in November
1988. Cost participation in the proposed project has
subsequently been approved by the City of North St. Paul Council
and is supported by the Ramsey County staff. Since it has taken
over one year from the November 1988 public hearing in which to
work out the proposed cooperative agreement, the authorization to
construct the proposed roadway has elapsed and must be renewed by
the Maplewood City Council at a public hearing. A public hearing
for this.purpose is scheduled for Monday, March 12, 1990 at 9
p.m. at Hazelwood Fire Station, 1530 East County Road C.
Although the only assessment for this project is proposed for the
property abutting Holloway Avenue between Beebe Road and Furness
Street, it is thought that other residents of Holloway Avenue may
be interested in this public hearing. The segment of existing
street between Furness and McKnight is not proposed for
reconstruction. Tests of the existing pavement indicate that it
is sufficient for the projected average traffic at the end of 20
years of 1500 vehicles per day.
The proposed construction between Beebe Road and Furness Street
is comparable in width to the segment of Holloway from McKnight
Road to T.H. 120 (Century Avenue). The proposed new construction
between Beebe Road and Furness Street would also have concrete
curb and gutter, storm sewer, and.water main included. Under the
proposed cooperative agreement, jurisdiction and maintenance of
Equal Opportunity Employer
Resig dents of Holloway Avenue
Page 2
February. 22, 19 9 0
Paul Road to McKnight Road would
Holloway Avenue from North St.
the connecting
to Ramsey County upon completion of
be transferred Y
segment between Beebe Road and Furness Street.
about the project,if you have further questions then please call
ee 1 free to
Bruce Irish or Denni Peck at 770 4550. Please f
resent our concern
attend the public hearing and s and opinionspY _
to the council.
BRUCE A. IRISH P.E. - ASSISTANT CITY ENGINEER
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5917ASSMT•ND. 5917 ASSMT.NO.
WILLIAM A + BARBARA A HAHN jUHN C MARY JO SYRING
2234 HOLLOWAY ST E
5 PAUL MlNN 551093930
2226 HOLLOWAY ST E
ST PAUL MN 551093930
I0• 14- 29 -22 -41 -0029 ID. 14- 29 -22 -41 -0030
ASSMT.NO. 5917 ASSMT.NU. 5917
WILLIAM J C LI14DA M MEHLE LYfiDA L AHLGkEN
2216 HOLL04AY T E 1906 HUWAKU ST N
ST PAUL MPS 551093930 MAPLEWUUD MN 551094859
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P E t4 t' I IN G
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IMPROVEMENT NAME HO LL08 7 -i4
IMPROVEMENT NO 5917
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THE N 4112 OF NE 114 OF NW
1/4 OF SE 1/4 OF
SEC 14 TN 29 k, IN 22
COOPERATIVE AGREEMENT BETWEEN
MAPLEWOOD, NORTH ST. PAUL AND RAMSEY COUNTY
Agreement between the City Maplewood MSA 138- 119 -02
of Maplewood, City of North Maplewood .8 7 -14
St. Paul, and the County of North St. Paul 151- 258 -03
Ramsey North St. Paul 89 -01
Ramsey County 89 -119
Ramsey County Account 4.7445
Re: Holloway Avenue con-
struction from Beebe
Road (7th Street) to
Furness Street (6th
Street) and transfer
of Holloway Avenue
from Furness Street
6th Street) to
McKnight Road
North St. Paul: Estimated
Amount Receivable:
Street $47,570.00
Water Main & Services 26,510.00
Sanitary Services 9,250900
Total 83,330.00
Ramsey County: Estimated
Amount Receivable:
Street
Storm Sewer
Total
44,860.00
18,340.00
63,200.00
THIS AGREEMENT, by and between.the City of Maplewood,
Minnesota, a municipal corporation, hereinafter referred to as
MAPLEWOOD," the City of North St. Paul, .a municipal corporation,
hereinafter referred to as "NORTH ST. PAUL," and the County of
Ramsey, a political subdivision of the State of Minnesota,
hereinafter referred to as the "COUNTY ";
WITNESSETH:
WHEREAS, Maplewood, North St. Paul, and the County desire to
design, construct, and maintain Holloway Avenue from Beebe Road
7th Street) to Furness Street (6th Street); and
WHEREAS, Holloway from North St. Paul Road (7th
Avenue) to McKnight Road is the border between the City of
Maplewood and the City of North St. Paul; and
WHEREAS, Holloway Avenue from Beebe Road to McKnight Road
has been designated by the Minnesota Department of Transportation
as a Municipal State Aid street for Maplewood; and
WHEREAS, Holloway Avenue from 7th Street to McKnight Road
has been designated by the Minnesota Department of, Transportation
as a Municipal State Aid road for the City of North St. Paul; and
WHEREAS, Holloway Avenue from North St. Paul Road (7th
Avenue) to McKnight Road is proposed to be designated as Ramsey
County Road 119; and
WHEREAS, an October 11, 1988, supplemental report .concerning
proposed improvements and cost apportionment between Maplewood,
the City of North St. Paul, and the County was prepared by
Maplewood's engineering consultant.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
10 Maplewood shall contract with the engineering firm of
Short - Elliott - Hendrickson, Inc. for the preparation of plans and
specif ications for the recommended project as set forth in the
October 11, 1988, supplemental report, a copy of which is
attached hereto and incorporated herein as Exhibit A. This is
Ygenerall described as a 44 -foot wide bituminous street with
concrete curb and gutter on Holloway from Beebe Road (7th Street)
to Furness Street (6th Street),* together with water mains and
storm sewer in this segment and realignment of the Furness Street
intersection.
2. After completion of the plans and specifications by
Short - Elliott- Hendrickson, Inc., they shall be submitted to the
governing bodies of Maplewood, North St. Paul, and the County for
approval.
3. After the plans and specifications have been approved
by the three governmental bodies, then.Maplewood will advertise
for construction bids. Maplewood will award the project after
concurrence of award of bid in writing by North St. Paul and the
County.
4. Maplewood. shall acquire and pay for all right -of -way
and permanent easements required for the construction of the
project. Maplewood will acquire required temporary construction
easements within the Maplewood corporate boundary. The City of
North St. Paul shall acquire required temporary easements within
the corporate boundary of North St. Paul.
5. Maplewood shall contract with the engineering firm of
Short - Elliott- Hendrickson, Inc. for construction inspection and
staking services. Maplewood shall administer the construction
contract.
6. After completion of the construction, the 66 -foot wide
Holloway Avenue right -of -way from North St. Paul Road (7th
Avenue) to McKnight Road and the triangular parcel on the east
side of Holloway Avenue at North St. Paul Road (PIN 14-29-22-13 -
0047) shall be conveyed by Maplewood and North St. Paul to the
County. Parking and other regulations pertaining to Holloway
Avenue will be controlled by the County.
2
7. Project costs shall be defined as the total amount of
e contract items constructed multiplied by the awardedd bid unit
price, approved change orders, and all expenses necessarily
incurred for all noncity staff services including engineering,
legal, soil testing, surveying, and arbitration. Engineering
costs and other eligible indirect expenses shall be distributedg
oststotheconstructioncostitemsonaproratabasis. These 'costs
shall include expenditures and expenses incurred by the City of
Maplewood for feasibility report preparation. The preparation of
preliminary assessment rolls and presentations for public
hearings for their respective communities are not part of the
prof ect cost*
8. The County shall pay for 100 percent of the project
costs associated with the center 24 feet, i.e., two 12 -foot
lanes, of the roadway. Maplewood and North St. Paul shall each
pay one -half of the balance of items associated with roadwayC
construction.
91 The project cost associated with storm sewer
construction shall be distributed to Maplewood and the County on
a weighted runoff coefficient times area basis. The County shall
pay the portion of the storm sewer costs attributable to the 66-
foot wide Holloway right -of -way. The balance of storm sewer
costs shall be attributable to Maplewood.
10. After completion of the project, the County shall own
and maintain the storm sewer catch basins and leads and Maplewood
shall own and maintain the storm sewer trunk line. Laterals
servicin g property outside. the road right -of -way shall be owned
and maintained by the respective city. The storm sewer is
intended to service only the right -of -way and abutting
properties. It is not to be extended to service other areas.
110 The cost of all utility extensions or betterment shall
be P aid by the respective city. Operation and maintenance of
water.and sanitary sewer utility improvements is the
responsibility of the respective city.
12. Any utilities or facilities modified or added to those
provisions presently made in the plans and specifications may be
incorporated in the construction contract by supplemental
agreement and shall be paid for as specified In the supplemental
agreement.
13. Short - Elliott - Hendrickson, Inc. shall review the
contractor's monthly application for payment and determine cost
apportionment to Maplewood, North St. Paul, and the County. The
County agrees to pay Maplewood its share of construction. cost;
plus consultant engineering fees, and other eligible projectpgg .
costs incurred as of the date of partial payment application
within thirty ( 30) days of submittal of invoice.
3
14. North St. Paul shall pay Maplewood monthly its prorated
share of the project costs as stipulated herein before. Payment
shall be made within thirty (30) days of submittal of invoice.
15. The County, North St. Paul, and Maplewood shall pay
their own in- house costs associated wi.th.the improvement
including, but not limited to, engineering, legal, and
administrative costs.
16. After completion of the project the ownership,
operation, and maintenance of Holloway Avenue roadway and right -
of -way from North St. Paul Road to McKnight Road shall be-
conveyed to the County as County Road 119 to be its sole and
exclusive responsibility.
17. Maplewood and North St.- Paul each shall be responsible
for conducting its separate assessment proceeding with respect to
its proportionate share of the costs of the improvement, and each
party thus shall bear all costs and expenses ..associated with any
such assessment proceeding. Each party consequently shall defend
itself in the event of an appeal of an assessment by a property.
owner and bear all costs associated with the legal defense of any
such appeal (including,, but not limited to, attorneys',
engineers', appraisers', and other experts' fees, costs, and
expenses) and the economic consequences of any such appeal, if
decided unfavorably to the party, without right of indemnity or
contribution from the other party hereto. Property owned by
Ramsey County shall not be assessed.
18. Maplewood, North St. Paul, and the County agree to
indemnify each other and hold each other harmless from any and
all claims, causes of action, lawsuits, judgments, charges,
demands, costs, and expenses, including, but not limited to,
interest involved therein and attorneys' fees and costs and
expenses connected therewith, arising out of or resulting from
the failure of either party to satisfy the provisions of this
agreement or for damages caused to fourth parties as a result of
the manner in which Maplewood or North St. Paul or the County
perform or fail to perform duties imposed on each party by the
terms of this agreement..
19. This agreement remain in full force and effect
until terminated by mutual agreement of Maplewood, North St.
Paul, and the County, or upon completion of the project.
Provided, however, that the warranties and obligations of the
parties expressed in paragraphs 17 and 18 hereof shall survive
the expiration or termination of this agreement.
4
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be.executed:
CITY OF MAPLEWOOD
Y•
Its Mayor
THE COUNTY OF RAMSEY
By:
Chairperson, Board of
County Commissioners
Attest:
City Clerk
Date:
Approved as to Form:
Attest:
Chief Clerk- County Board
Date:
Approved.as to Form:
City Attorney Assistant County Attorney
CITY OF NORTH ST. PAUL Recommended for Approval:
B
Its Mayor Kenneth E. Weltzin
Director and County Engineer
Attest:
City Clerk
Date:
Approved as to Form:
City Attorney
Recommended for Approval:
City Engineer
5
AXHII87. - f'
ENGINEERS / ARCHITECTS I PLANNERS
October 11, 1988
Mr, Bruce Irish
Assistant City Engineer
City of Maplewood
1830 East County Road B
Maplewood, Minnesota 55109
Dear Mr. Irish:
RE: MAPLEWOOD, MINNESOTA
PROPOSED MAPLEWOOD
NORTH ST. PAUL
HOLLOWAY AVENUE STREET
IMPROVEMENTS
SEH FILE NO. 88051
In accordance with your authorization, we have prepared this
supplemental report for Holloway Avenue between Beebe Road and
Furness Street. This supplemental report will summarize the
previous report dated April 25, 1988 and consider only the
improvements to the non - existing street between Beebe Road and
Furness Street, Drawing No. 1 illustrates the proposed
improvements anticipated for this portion of Holloway Avenue.
Sanitary sewer exists along Holloway Avenue and is jointly used
with North St. Paul. There are no s.an.itary sewer services
between Beebe Road and Furness Street. Therefore, sanitary sewer
services will have to be installed and it is assumed that each
city will pay for its own services.
Watermain and water services are required between Beebe Road arld
Furness Street. Both Maplewood's and North St. Paul's water
systems are proposed to be looped and services provided. An 8
inch watermain is proposed for Maplewood and a 6 inch watermain
is proposed for North St. Paul. It 'is assumed that each city
will pay for its own watermain improvements.
Storm sewer is proposed to be extended from Beebe Road to Furness
Street. The cost apportionment for storm drainage is based on
the run off acre (CA) ratio method.
L [' E 5 5717 61 413-
SHORT ELLIOTT
HENDRIC 1t4C •.' ' . ' , t ; _
Mr. Bruce Irish
October 11, 1988
Page #2
This one block of Holloway Avenue is proposed to be constructed
to MSA Standards. Also, shifting the centerline of Furness
Street westerly is required to align it with the centerline of
6th Street. The intersection of Furness Street and Holloway
Avenue will have to be lowered to meet minimum sight distance
standards and to provide easier access to the lower lying
properties to the north. Due to this adjustment, a portion of
6th Street will have to be reconstructed.
An additional 33 feet of right -of -way is required between Beebe
Road and Furness Street to provide the needed 66 feet of right of
way. Also realignment of Furness Street will require an
additional easement. (200' x 80')
If the connnection between Beebe Road and Furness Street is
constructed to a 44 foot width, only two blocks of Holloway
Avenue would remain narrower than the MSA Standard width for
parking on both sides. Because of the relatively low traffic
volumes projected, it does not appear that the narrow section of
Holloway Avenue will cause any traffic flow problems. However.,
if all the residents were to park their vehicles on the street,
through traffic appoaching each other may have difficulty
passing. If this situation occured, the City may have to
restrict parking to one side of the street.
The following table lists -the total estimated cost and cost
participation:
SUMMARY OF ESTIMATES OF COST
WITH RAM SEY COUNTY PARTICIPATION
Holloway Avenue- Beebe Road- Furness Street
Maplewood North St. Paul Ramsey Co. Total
Street $47f570 - $47,570 $44, 860 $140, 000
Watermain & Serv.. 24 26 0 51, 280
Sanitary Sewer Serv. 2,560 9,250 0 11
Storm Sewer 7 0 18 , 340 26 , 200
Total $82,760 83 63 229
The estimates include estimated construction costs plus 10
percent for contingencies and 32 percent for indirect costs.
Easement costs have not been included.
Mr. Bruce Irish
Ocotber 11, 1988
Page #3
Ramsey County has stated that they will accept Holloway Avenue,
between North St. Paul Road and McKnight Road as a county road
upon completion of the new construction and participate in the
construction costs as previously outlined in the April 25, 1988
report. However, it has not been determined whether the Countywillparticipateinthecostsforonlytheoneblocksectionof
Holloway Avenue described in this report. The City should direct
a letter to the Ramsey County Engineer, asking for cost sharing.The following table lists the cost participation without Ramsey
County participation.
SUMMARY OF ESTIMATES OF COST
WITHOUT RAMSEY COUNTY PARTICIPATION
Holloway Avenue- Beebe Road Furness Street
Maplewood
Street $70,000
Watermain & Serv. 24,770
North St. Paul
70, 000
26,510
Total
140 , 000
51,280
Sanitary Sewer Serv, 2,560
Storm Sewer 17,030
Total $114
9, 250
9,170
114,930
11,180
26, 200
229
The estimates include estimated construction costs plus 10
percent for contingencies and 32 percent for indirect costs.
Easement costs have not been included.
Mr. Bruce Irish
October 11, 1988
Page #4
Holloway Avenue is designated as a MSA Street in both cities.
The MSA participation is .based on the assumptions that 100
percent of the street construction costs and 50 percent of the
storm sewer related construction costs are eligible. The
estimate of cost eligible for MSA funding is listed on the
following table.
ESTIMATE OF COST ELIGIBLE FOR MSA PARTICIPATION
Financing and cost recovery information relating to these
projects needs to prepared by each city.
If you have any questions, please contact me.
Sincerely,
0
No. 40
Kenneth R. Meister, P.E.
KRM /cmb
Maplewood No, St, Paul Total
Street 53,025 53,025 106,050
Storm Drainage 6,450 3,475 9,925
Subtotal 59,475 56,500 115
18% Engineering 10 10,170 20,875
Maximum Eligibility)
Total 70,180 66,670 136,850
Financing and cost recovery information relating to these
projects needs to prepared by each city.
If you have any questions, please contact me.
Sincerely,
0
No. 40
Kenneth R. Meister, P.E.
KRM /cmb
Fj
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o e
OP EXISTING PAVEMENT
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6" - 2211 AGGREGATE BASE :L. S
TYPICAL SECTION — FURNESS ST 81 SIXTH ST.
L E LEND
PROPOSED SANITARY SEWER
PROPOSED WATERMAIN
PROPOSED STORM SEWER
g" PIPE SIZE
PROPOSED STREET
PROPOSED ROAD EASEMENT
HOLLOWAY AVENUE SC IN FEET
0 100 200 400
T V
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REALIGNMENT
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TYPICAL S — HOLLOWAY AVENUE
irr r . • rrAw
PROPOSED MAPLEWOOD - NORTH ST. PAUL
JOINT HOLLOWAY AVE. IMPROVEMENTS
MAPLEWOOD IMPROVEMENT NO 87 -14•
SEH FILE NO. 88051
REVISED 9/30/88
PREPARED BY
SHORT ELLIOTT HENDRICKSON, INC
ST PAUL MINNESOTA 0 CHIPPEWA FALLS WISC DRAWING NO.
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AGENDA ITEM
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AGENDA REPORT . - oLn , , ^ ,, rdlrJ. .
TO: City Maner
Madi "J E
Reject e --
FROM: Assistant City Engineer Date .......,
SUBJECT: Holloway Avenue- -Beebe Road to Furness Street,
Project 87 14-- Schedule Public Hearing
DATE: January 30, 1990
Introduction
The subject project was ordered by the Maplewood City Council at a
November, 1988 public hearing. Since over one year has elapsed
without execution of a construction contract, the authority to
construct this project has expired.
During 1989 the project was ordered by North St., Paul.. The
details of a proposed cooperative agreement have been worked out
with Ramsey County staff. Scheduling a new public hearing to
reauthorize the project and approve the attached cooperative
agreement is requested.
Background
A copy of the October 11, 1988 supplemental feasibility report is
attached for reference. There was significant question as to
whether Ramsey County would participate in the project since it
would mean that they would receive ownership and maintenance
responsibilities for the non - upgraded segment from Furness to
McKnight Road. During the late summer of 1989 the existing segment
from Furness to McKnight was tested with a dynamic loading road
rating machine. The results of that testing demonstrated to Ramsey
County staff that the existing road would adequately serve the 20
year projected average daily traff of 1500 for a through route
from North St, Paul Road to McKnight Road.
As noted in the attached 1988 agenda reports, the cost of water
main and services. would be fully assessed to the abutting property
at a rate of $4 6.60 / F. F. to recover the cost of $27,000. The costs
of sidewalk, street, and storm sewer are substantially financed by
Municipal State Aid funding. The use of $36.50/F.F. for street
assessment as was used on Beam Avenue for new roadway would
generate excess funding of about $20,800.
Following execution of the proposed cooperative agreement by
Maplewood and North St. Paul, the county engineer will present it
to the county board for approval. If approvals are received, the
project would be constructed this summer.
i
January 30, .1990
City Manager
Recommendation
hearing be scheduled for Monday,
It is recommended that a public h g sider the
0 at 7 : 10 .m. to rehear the project and con
March 12, 199 p
to the fact that there was
qre uisite cooperative agreement. Due
resulting. from notification of only the owner of
some controversy public hearing, it is
e assessed property at the November, 1988thep ,
informal notices to the residents on Holloway from
intended to send inform
Furness to McKnight Road.
BAI
jW
Attachments
g , /
AGENDA REPORT
Action by Council
To: City Manager Michael McGuire Endorse - - --
From: Chief of Police Kenneth V. Collins ...- Modif d - - --
Subject: Recreational Motor Vehicles Ordinance Update ejecte,
Date: March 7, 1990 Date
Introduction
the M City CouncilIn - July of 1987, p y passed a Maplewood recreationalP
motor vehicles ordinance.
This ordinance contained a sunset provision under Section 20 -125. The sunset
provision allowed the recreational motor vehicle ordinance to be in effect
until October 1, 19890
Recommendation
I would recommend that the ordinance be updated by changing the sunset
provision to October 1, 1991, or by removing the sunset provision altogether.
Action Required
Present to the Cit y Council for their review and recommended change.
KVC:js
RECREATIONAL MOTOR VEHICLESARTICLEVI. * .
Sec. 20 -1209 Purpose.
reasonabYe re ulations for the
The ur ose of..this article is to provide g ,p p ublic and rivate property n the city.
use of recreational motor vehicles on p p
Ord. No. 605 -A, 7- 27 -87)
Sec, 20 -121. Definitions.
a) Generall The following words and phrases shall have the meanings
ascribed to them for the purposes of this article:
in articles fine enough to be
Dust means powdery earth or other matte r p
propelled into and then suspended in the air.
decibels ( dBA) which is exceeded
L10 means the sound level, expressed in.d
time for a one -hour period, as measured by a sound
ten (10) percent of the rds S1.4
level meter having characteristics as specified in the latest standa ,
of the American National Standards Institute*
d control theOperatemeanstorideinoronan operation of a recreationalp
motor vehicle.
Operator means every person who operates or who is in actual physical
control of the recreational motor vehicle, regardless of age.
means an fuel motorized multi- wheeledRecreationalmotorvehiclemeayp ,
vehicle designed or used for recreational purposes
or track, self-propelled s hovercrafts,but not limited to, all- terrain vehicles, trail bikes, ncludng,
motorcycles and motorized bicycles, but excluding snowmobiles,wheel chairs
and golf carts.
b) Other words, phrases. Any other wo rds or phrases used in this article
and defined in regulations of the Minnesota Pollution Control Agency Noise
Poll Control Section, NPC -1 and NPC -4, (shall) have the meaning given in
those regulations. (Ord. No. 605 -A, 7- 27 -87)
Seca 20 -122. Prohibited operations.
It is unlawful for any person to operate a recreational motor vehicle:
1) on private property without a permit except as hereinafter
permitted.
2) Carelessly or 'or heedlessly in disregard of the rights or the
safet y of others, or in a manner so as to endanger, or is
likely to endanger, person or property.
s
Cross references- -Motor vehicles and traffic, Ch. 18, streets, sidewalks
and public grounds, Ch. 290
ad b the city, including,
On public property:.owned or leas , y3) • park land*
but not limited to, sidewalks, oulboulevards andb
influence as defined 'in
At any place while under the • (4)' '' subdi vi s on 4.Minnesota Statutes section 152.01,
5) In a manner or locat ion so as to create loud, continuous
unnecessary or unusual noise. For. the purposes of this
article,the noise level.must be L10/65 dBA's or less,
measured on e hundred (100) feet from the property line
or to the nearest residential structure*
licensed carnival, sideshow, or licensed
6) Unless part of a
ise
amusem parks, arks under section 6 -16, or where otherw
authorized by the council in city ordinance or ..by resolu-
tion.
7) In a manner so as t o propel dust into the air which is
p
suspended for longer than ten (10) seconds.
on Tuesda (8) On private property except s, Wednesdays andY
Fridays, from 3:00 p.m. until 8 :00 p.m., and on
F Y
Saturdays from 11:00 a.m. until 5:00.p.m.
9) In additionion to other permitted uses, recreational motor
vehicles may be operated on private property for
ma purposes, oses, such as snow removal, farming,P
gardening, mowing, landscaping or other similar uses*
ga g' g
Permits for these purposes shall not be required, nor
shall qoneberequiredred for the use of recreational motor
vehicles on private driveways or in garages.
10) Notwithstanding other provisions of this section, on
lots with a square footage of twelve thousand (12,000)
or less, there shall be no more than one (1) recreational
motor vehicle running or operating at any one time. - (Ord.
No. 605 -A, 7- 27 -87)
es -- Noise control, §.19 -48 et seq.; alcoholic beverages,
Cross references--Noise •
en bottle" ordinance, § 1846; parks generally,Ch. 5, amusements, Ch. 6, op
21 - 1 et seq .• Maplewood Nature Center, § 21 -111 et seq., streets, side-
p
walks and public grounds, Ch. 290
Sec. 2 P0 -123. Annual ermit; fee; revocation.
a). There is imposed an annual permit under this :article. The permit
shall be issued to the owner or lessee of the property where recreational
motor vehicles shall be operated. The fee is due at the time of application.
b) Permits shall be issued by the city clerk and expire on the first
working day in January of each year.
c) The annual fee for such renewals shall be established by the city
council by ordinance. For 1987, the fee shall be ten dollars ;($10.00).
the recommendation of the _director of
d) The city manager may, upon :hi s sectio, n, i n order
revoke the license (permit) issued under t
public safety.,,
to prevent further violations or to protect the p ublic health, safety, and. •
permit may be in addition to the criminal
welfare. Revocation of the pe Y
permit, once revoked,
t may be. im osed under section 20 -124. The per ,
penalties tha Y p the remainder of the calendar.
mya not be issued to the subject property for
year.
section until the public works
No perm shall be issued under this s .
e) p plan, ' f an for the subject
department inspects the applicant's grading p Y
p p view in to consider the impact of any
The sole purpose of the reproperty, .
proposed grading on..
1) Storm water drainage or retention, or
2) On any public or private easements involving public or private
utilities, pipelines or similar services on the subject
property, that the city has notice of in its records*
nv olve the nature of the grading for use by
The review by the city shall not i
recreational1 motor vehicles. (Ord. No. 605 -A, 7- 27 -87)
Cross references -- Sewers, Ch. 28; water, Ch. 350
Sec. 20 -124. Criminal penalty.
failing to procure or maintain a permit
Warning, citation. Any person g p ticle ,a) . other provisionsion of thiss ar
required under this article, or violating any p .
q
person who violates any provision of this
may be issued a warning. Every p and each da
a petty misdemeanor. Each act of violation Y
article is guilty of p ,Y offense. An person
occurs or continues, constitutes a separate Y p
a violation occu under this article, or
in to procure or maintain a permit requiredfailingp erthesecondtime, may . b
latin an other provision of this article foviolatingY
issued a citation. The sentencing court may consider community service in
lieu of a fine.
r an violation of the provisions of this
b) Revocation of permit. For y
revoked asarticle, the permit may be re provided by section.20 -123. (Ord. No.
p
605 -A, 7- 27 -87) i
Sec. 20 -125. Sunset.
October 1 1989. (Ord. No. 605 -A,
This article shall be i n effect until Octob
7- 27 -87)
I -/
Action by Council.,
MEMORANDUM Endorsed
Modifie
TO: City Manager Rejecte
FROM: Director of Community Development Date
SUBJECT: Conditional Use Permit Reapplication
DATE: March 5, 1990
INTRODUCTION
District Court remanded the conditional use permit application
made by BBY Partnership for 426 apartment units on Gervais Avenue
to the City Council for "review of the Plaintiff's application
for a conditional use permit and related matters ".
Section 36 -447 of City Code states that, "Whenever an application
for a conditional use permit has been denied by the City Council,
a similar application effecting substantially the same property
shall not be considered again by the City for at least one year
from the date of its denial, unless the Council directs such
reconsideration by at least four votes."
BACKGROUND
The City Council, on June 8, 1989, denied the application by BBY
Partnership for a plan amendment and conditional use permit for a
planned unit development. (Refer to the attached minutes.)
DISCUSSION
There does not seem to be any purpose served by rehearing this
application. There have been no changes in the applicant's
proposal, the surrounding neighborhood or City ordinances.
Denying the request for a reapplication would mean that any
further court action would be based on the current record.
RECOMMENDATION
Deny the request for a reapplication.
GO /memo8.mem
Attachment: June 8, 1989 minutes
Plan Amendment - Gervais Avenue (BBY Partnership)
S-T41 h staff report.a. manager McGuire presented t e s p
b. City Attorney Kelly advised the Council of the procedures that can be taken.
c. Councilmember Anderson introduced the following resolution and moved its
idopt ion.
Resolution 89 -6 -97
RESOLUTION MAKING FINDINGS OF FACT AND CONCLUSIONS DENYING APPLICATION OF BBY
INVESTORS FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT.
WHEREAS, BBY Investors, a Minnesota general partnership, hereinafter BBY, has, on
or about October 3 > application1988made to the City of Maplewood, hereinafter City,
for an amendment to the Maplewood Comprehensive Land Use Plan, hereinafter CLOP, a
4 . 06 -08 -89
Conditional Use Permit, hereinafter CUP, for a Planned . C Unit Development, hereinafter .
PUD and Community esign Review Board, hereinafter CDRB, approval of a 426 unit
y 9multi-family
y
i -famil housing development on approximately 31 acres lying north of Gervais
Avenue and being legally described as follows.
Lot 5 Block 1, Ma leridge Mall; and the East half and West half of Lot 1,P eet thereof E.G.E.G. Ro er.s Garden Lots; and Lot 2, except the South 300 f ,g
Roger's Garden Lots, hereinafter the subject property and
WHEREAS the CLUP designation for the sub * ect property is LSC, limited service
commercial and the zoning code designation is LBC , l i mited business commercial, and
BBY seeks an amendment of the CLUP from LSC to RH, residential high-density andy,
WHEREAS the P rocedural history of the BBY application is as follows:
1. BBY s application was dated filed and initiated October 3, 1988; and
2. The Maplewood Planning Commission denied the CLUP amendment and CUP request on
November 21, 1988, based upon the following:
a. The develo er [BBY] does not consider Mr. Kavanaugh's property to theP
west;
b. The developer [BBY] has not shown the need for development of rental
property on this site;
c. Traffic problems would be created on Highway 36; and
d. The developer [BBY] has not shown a phasing plan for the gradual
development of the property; and
3. The CDRB approved the BBY plans date - stamped November 19, 1988, on NovemberPPb29, 1988, subject to approval of a CLUP amendment and approval of a CUP y the
City Council; and
4. A ubl is hearing before the City Council on the BBY application was held
P 9
December 12, 1988., but, because of the lateness of the hour, was continued to
January 5, 1989; and
5. BBY subsequently requested an indefinite continuance of the public hearingq .Y re Q
beyond January 5 1989, to facilitate extension of their option to purchaseyy
the subject property; and
6. A public hearing before the City Council on BBY' s application was held and
concluded March 2, 1989; and
7. At the conclusion of 'said March 2, 1989, public hearing, it was moved and
seconded to approve the amendment of the CLUP from LSC to RH, which motion
failed, o ayes 5 nays; and
Immediately u taking the vote to approve amendment of the CLUP, the City8. a y p on 9
Council adjourned, without more; and
5 06- 0.8 -89
3 1989 the City Council9. On March 1 y passed a motion to reconsider its action
on 6 pp
CatBY's application pursuant to 6(d) of the Maplewood y Council Rules of
Procedure; and
10. On March 20, 1989, BBY initiated a lawsuit against the City seeking, among
other things, to restrain the City Council from reconsidering its prior action
on BBY's application; and
the Ramsey County District Court
11. On March 27, 1989, BBY moved y t for a Temporary .
n Order, hereinafter TRO, prohibiting the City Counci 1. from
Restraining
reconsidering its action on BBY 's application, which motion the Court . took
under advisement; and
89 while the District Court deliberated the BBY motion for a
12. On March 27, 19
n the BBY
the Maplewood City Council reconsidered its previous action o
TRO, . p .
adopting a motion to deny said amendment to the CLUP and
application by p 9 et of
in to its staff the responsibility. of drafting.a proposed s
referring
Pfindbasedupon the contemporaneous record and documentation; and
e Count District Court entered its TRO
13. On March 28, 1989, the Ramsey y
restraining
snintheCityfromapprovingand /or adoptingn g y PP findings on BBY 's
application and setting a hearing on a temporary injunctio n for Aprilril 21
1989; and
the Ramsey County District Court dissolved the TRO dated
14. On May 22, 1989, y
March 2 permitting, 8 1989 ermi tti n , therefore, the adoption of these findings and
conclusion.
on all the records, files, documents, testimony, and the
NOW, THEREFORE, up
arguments of PcounseltheMaplewood City Council being fully advised,makes the
following:
FINDINGS Of FACT
of hi h density multi- family housing proposed on this 31 acre
1. That 426 units 9 y
tract is incompatible with the immediate contiguous land uses to the
northwest, the west, and the south.
CLUP from LSC to RH would render the CLUP designation in
2. That to amend the
conflict with tine official controls of the zoning ordinance and therefore
illegal.
Y as to traffic impact from the proposed. project3. That the representations of B6
upon traffic on Ger vais Avenue White Bear Avenue, and TH 36 are inconsiste nt
with the knowledge and experience of the Council.
establish that there has been a substantial change. in
4. That BBY faded to establi _
circumstances as Ptothesubjectproperty and surrounding neighborhood as to
warrant amending the CLUP from LSC to RH.
5. That BBY faded to establish that there was an erroneous basis for the
6 06 -08 -89
amendment of the CLOP in 1983 as to the subject property when said CLUP was
amended from RH to LSC, consistent with the zoning thereon.
6. That 86Y failed to establish that the City had any housing needs that 66Y's
proposal would satisfy.
7. That the mere reference to housing objectives as set forth in CLUP are
insufficient and inadequate to justify an amendment thereto.
8. That the mere expenditure by 66Y of time and money in preparation of this
application and development plans is, by itself, insufficient and inadequate
to provide a rational basis for a CLOP amendment.
9. That the present CLOP designation and zoning classification will result in a
commercial use of the subject property thereby expanding the City's tax base
without a corresponding demand for increased municipal services.
Upon the above -cited findings of fact, the City Council makes the following.
CONCLUSION
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD:
1. That the application of BBY for an amendment of the CLUP from LSC to RH is
hereby denied.
2. That the application of 68Y for a CUP for a PUD is hereby denied because the
Council cannot make the first finding required thereunder that the proposed
use is conformity with the City's CLOP.
3. That the burden of proof for the necessity of an amendment to the CLUP is that
of the applicant and has not been met here.
4. That the 1983 amendment of the CLUP as it pertains to the subject property was
valid and 86Y' s challenge thereto is untimely and without standing.
Seconded by Councilmember Juker. ayes - all.
T
tndorse
Mothf1' e
MEMORANDUM. Rej ecte
TO: City Manager DatA 11 Wow
FROM: Director of Community DevelopmentSUBJECT: The Vacation of Undeveloped Streets and AlleysDATE: March 1 19.90 y
INTRODUCTION
The City Council, on December 11, 1989, requested that staffresearchthepossibilityofvacatingallundevelopedstreets andalleyswithintheCity.
DISCUSSION
Staff has researched and compiled all of the undeveloped streetsandalleys. p
Refer to the maps on page 2 and 3.) There are about108streetsand50allIftheCityweretoinitiatethe
proceedings to vacate all of the undeveloped streets andthecosttotheCitywouldruncloseto
alleys
5000.This is becausethecountyrecordingfeeis $12 for each adjacent Torrens
property, and one $12 county recordingfee for all abstract
properties adjacent to the undeveloped streets and alleys. Therewouldalsobepublicationcostsinthepaperfortheublichearings. The City ould also lose about
p •
Y ut $7,000 in applicationfees. This amounts to a total loss of approximately $12,000. Inadditiontothedollarcost, this project would consume asignificantamount •g of staff time. Projects are startingtobackup. If the City Counc wishes to pursue this a lanninconsultantshouldbehiredtodothewo
p g
work. This would Involvetablingthisitemuntilanestimatecanbeobtainedandabudgettransferpreparedforafutureagenda,
g
RECOMMENDATION
Staff recommends taking no action at this time regarding he
undeveloped streets and alleys in t
g
y he City due to the relativelyhighcostsandstafftimeinvolvedandthelimitedbenefit.
Attachments
1. Location Map, North 1/2
2. Location Map, South 1/2
sbstralley
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AGENDA NO. ._--
Glon by Council
AGENDA REPORT
Jectcte
Mayor and City CouncilTO: y -
FROM:City Manager
RE: COMMUNITY CENTER
DATE March 6, 1990
The City has established a budget for 1990 of for preliminary work
toward a Community Center.
It is requested that the City Council authorize Staff to do the following.
1. Negotiate options on the proposed sites.
2. Get soil tests /opinion on proposed sites.
3. Develop guidelines for committee to further identify and refine needs.
4. Gather information to estimate operating costs.
5. Start process of selecting architect to help plan space analysis.
MAM:1nb
rn.i I —a AGENDA NO. F
a
1 .A G E N D A R E P O R T
3 'ion by Council-
Endorsed
TO: Mayor and City Council Rejecte
ILI Date
FROM: city Ma a g er o
RE: COUNCIL WORKSHOP
DATE:'. March 6, 1990
At th January 22, 1989 meeting, the. Ci Council directed the City Manager to
report back to them within 60 days on a recommendation for a workshop for the
Council to discuss short- and long -term goals and team building.
After talking with other cities and taking into consideration our specific needs,
I recommend the following:
1. The Mayor, Council members . and Manager .meet to discuss what they want to
get out.of a one - day workshop, where it should be, and who should conduct
it (time frame - within 30 days) .
2.' Hold a one -day workshop based on the outcome of #1 above - this would
include the Mayor, Councilmembers and Manager (Time frame - within 60
days) .
3. Hold.a two -day workshop. This would include the Mayor, Councilmembers,
Manager and Management Staff (Time frame - Summer of 1990)
AGENDA ITEM
Action by Ceuncil:1
MEMORANDUM Endorsed
TO: City Manager M®d.ifie
Rejecte
FROM: City Engineer Day to
SUBJECT: Alley East of White Bear Avenue and North of Radatz
DATE: February 21, 1990
The city council requested information about providing an alley
for additional access to businesses along the east side of White
Bear Avenue from Beam Avenue to County Road D. The area north of
Woodlynn appears to be the most promising candidate. Access to
the other businesses is relatively good given the type of use.
The attached map shows an extension of the existing alley north
of Woodlynn. The proposal would provide alternative access to
Skippers, Baker's Square, and Taco Bell. A very preliminary cost
estimate for land acquisition and construction is $110,000._ This
cost would likely be financed by the city since proving benefit
for assessments would be somewhat difficult.
Another area of concern is west of White Bear Avenue between
Radatz and Beam. Extending the existing parking lot drive from
Beam to Radatz would require land acquisition and some
construction. A very preliminary estimate of cost is $160,000.
KGH
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MAR 0 7 1
T DA 101-17, KINr,, DUVALL, ANDS -11SON
AND ASSOCIATES. INCORPORATED
ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING
SAINT PAUL. MINNESOTA 55101
P;' -440
FAX 00111
March 6, 1990
Merrimac Construction Co.
14533 Hwy. 65 N.E.
Anoka, Mi uiesota 55304
Attji: Jim Szurek
Re: Maplewood City Hall
TKDA Conuilission No. 9424
Dear Jim:
We ai enclosing 3 copies of Change Order No. 2. Please sign and slate all copies -uid return to
our office for further llandMig. Your copy will be returned after signature by Owner.
lllcerely,
Amold W. Hedberg
Construction Adnihiistl - ator
AWl1/11
Enclosure
cc: Ken Haider?*-
PROJECT: City of Maplewood CHANGE ORDER NUMBER: 2
name, address) City Hall E x p a n s i o n
DAT .. T ,. March 2, 1990
Reconfiguration arid Improvements
TO CONTRACTOR: ARCHITECT'S PROJECT NO: 9424
name, address)Merrimac Co n s t r u c t i o n Co CONTRACT DATE September 18, 1989
14533 Hwy. 65 NE
Anoka MN 55304 CONTRACT FOR Complete Construction
The Contract is changed as follmvs:
Revise return and intake ductwork in Basement to AHU -2 in accordance with
TKDA Proposal Request No. 3, Item 1.
Add $2,
Omit door and frame #109 arid turn over to Owner Existing wal 1. to remain in place.
Provide a 2'-0"x7'-0" door and frame into the same closet space but from the
corridor side. Reuse all ' hardware specified for Door 109. Relocate elec. outlet
farther north to provide clearance for door, all in accordance with- TKDA Proposal
Request No. 3 Item 2.
Contractor's price quotation dated 2/28/90 attached Add $ - 582
Connect new sanitary sewer located at ceiling of new basement to the existing
sanitary sewer located below the floor of the "existing main lobby. Installation
will require demolition of existing quarry the arid concrete floor slab, excavation,
backfi l l and patching of concrete and quarry tile. This is an alternate arid
less expensive method than providing the sewage ejection system described in TKDA
Proposal Request No. 2.
Contractor's price quotation dated 2/28/90 attached Add $3,069
Tot Add this Change Order = $6
Not valid until signed by the Owner, Architect and Contactor.
The original (Contract Sum) (G rann:c Nimtmum PTize) was ........................ s 1,056
Net change by previously authCrizcd Change Orders ............................... s 2
The (Contr Sum) ((_ttrarnntrcct M'1, imnnrf'rir prier to this Change Order was .......... s 1, 058 , 29 66
The (Contract Sum) - Price) will tx: (increased) (dtcmmed)
mm hanged) by this Change Order in the amount of ............................ i
The new (Contract Sum) (Gruarn.ntt.-cct frlaiirrmrn i'rite) including this Change Order will be .. S 1, 064 , b84.00
The Contract Time will be (irrcrnmc -T, j fLk - cr asc(i) (unchang by ( 0
The date of Substantial Completion .rs of the date of this Change Orde therefore is June 16, 1990
NOTE:: This sunlnury dcc•s not rct1cct changes in the Contract Suns. C mitract Time or Guaranteed Maximu111 Price which havc hCrn authorized by
C mstructiun Change Dircc•uVe.
TOLTZ , KING, DUVAL L , ANDERSON
AND ASSOCIATES, INC. _ MERRIMAC CONSTRUCTION CITY OF MAPLEWOOD
ARC ITEC; F CONIRA(71'0I1 OWNFIZ
2500 American Batik Bldg.__._. 14533 Hwy. 6 NE 1830 E. Co. Rd. B
Address Ad ice .s Address
St. Paul, MN 55101 Anoka, MN 55304 Maplewood, MN 55104
BY
DATE i A'TE:
111•
I A*FE
AIA DOCUMENT G701 01AN61: (MI ) ER I)N' EDITION • IA' • 1)H' THE
AMERICAN INSTITUTE 01: AR HFI EC "I S, I ;.I:\\• YORK AVE., u'., u ASHINGI ON. DC. >(xxx) G701 -1987
CHANGE t WNER
ORDER AI C I I ITE CA
C;GWYIZACT }IZ r
FIELD
AIA DOCUMENT G701 01'I 1 ER
PROJECT: City of Maplewood CHANGE ORDER NUMBER: 2
name, address) City Hall E x p a n s i o n
DAT .. T ,. March 2, 1990
Reconfiguration arid Improvements
TO CONTRACTOR: ARCHITECT'S PROJECT NO: 9424
name, address)Merrimac Co n s t r u c t i o n Co CONTRACT DATE September 18, 1989
14533 Hwy. 65 NE
Anoka MN 55304 CONTRACT FOR Complete Construction
The Contract is changed as follmvs:
Revise return and intake ductwork in Basement to AHU -2 in accordance with
TKDA Proposal Request No. 3, Item 1.
Add $2,
Omit door and frame #109 arid turn over to Owner Existing wal 1. to remain in place.
Provide a 2'-0"x7'-0" door and frame into the same closet space but from the
corridor side. Reuse all ' hardware specified for Door 109. Relocate elec. outlet
farther north to provide clearance for door, all in accordance with- TKDA Proposal
Request No. 3 Item 2.
Contractor's price quotation dated 2/28/90 attached Add $ - 582
Connect new sanitary sewer located at ceiling of new basement to the existing
sanitary sewer located below the floor of the "existing main lobby. Installation
will require demolition of existing quarry the arid concrete floor slab, excavation,
backfi l l and patching of concrete and quarry tile. This is an alternate arid
less expensive method than providing the sewage ejection system described in TKDA
Proposal Request No. 2.
Contractor's price quotation dated 2/28/90 attached Add $3,069
Tot Add this Change Order = $6
Not valid until signed by the Owner, Architect and Contactor.
The original (Contract Sum) (G rann:c Nimtmum PTize) was ........................ s 1,056
Net change by previously authCrizcd Change Orders ............................... s 2
The (Contr Sum) ((_ttrarnntrcct M'1, imnnrf'rir prier to this Change Order was .......... s 1, 058 , 29 66
The (Contract Sum) - Price) will tx: (increased) (dtcmmed)
mm hanged) by this Change Order in the amount of ............................ i
The new (Contract Sum) (Gruarn.ntt.-cct frlaiirrmrn i'rite) including this Change Order will be .. S 1, 064 , b84.00
The Contract Time will be (irrcrnmc -T, j fLk - cr asc(i) (unchang by ( 0
The date of Substantial Completion .rs of the date of this Change Orde therefore is June 16, 1990
NOTE:: This sunlnury dcc•s not rct1cct changes in the Contract Suns. C mitract Time or Guaranteed Maximu111 Price which havc hCrn authorized by
C mstructiun Change Dircc•uVe.
TOLTZ , KING, DUVAL L , ANDERSON
AND ASSOCIATES, INC. _ MERRIMAC CONSTRUCTION CITY OF MAPLEWOOD
ARC ITEC; F CONIRA(71'0I1 OWNFIZ
2500 American Batik Bldg.__._. 14533 Hwy. 6 NE 1830 E. Co. Rd. B
Address Ad ice .s Address
St. Paul, MN 55101 Anoka, MN 55304 Maplewood, MN 55104
BY
DATE i A'TE:
111•
I A*FE
AIA DOCUMENT G701 01AN61: (MI ) ER I)N' EDITION • IA' • 1)H' THE
AMERICAN INSTITUTE 01: AR HFI EC "I S, I ;.I:\\• YORK AVE., u'., u ASHINGI ON. DC. >(xxx) G701 -1987
H
K
iD `fC U . 10 NNSTR
GENERAL CONTRACTORS RECEIVED
February 28, 1.990
1;1;1n ? 1490
T.K.D.A.
tir 1I ,
r •,
Toltz King, Duva Anderson Associates Inc.
2500 American National Bank Bldg.
St. Paul, NAT 55101
Attn: Arnold W. Hedberg --
Construction Administrator
Re: Maplewood City Hall Eqmnsion
v
TKDA No. 9424
Gentlemen:
Canplying with your request for change Number 3 we are herewith
sukxnitting our costs for the work involved.
The cost of revising the return and intake duct work in the
basement, item number one in your request, is $2,735. We have
included with this letter our work sheet showing a breakdown of
our estimated costs.
The cost for omitting the door and frame #109 and installing a
new 2'-0" x V-0" door and frame as described is $582. We have
included with this letter our work sheet showing a breakdown of
our estimated costs,
Please prepare the necessary change order documents to amend our
contract,
very truly yours,
Yff C CONSTRUCTION ANY ,
games F. Szurek _
cs ident
JFS \clr
Encl.
14533 Hwy. 65 N.E. •Anoka, MN 55304 (612) 434 -6857
This Company is an Equal Opportunity Employer
X 19''
CONSTRUCTION ,RECEIVED
GENERAL CONTRACTORS WAR 2 1990
T.K.D.A
February 28, 19 9 0
r1
LI vas
Tol-tz , King, Duvall, Anderson Associates, Inc. E. P'0-n- ;r
2500 American National Bank Bldg. .'
St. Paul, MN 55101 ' V :: . • -'-- --
Att. Arnold W. Hedberg = .
Construction Administrator
Re: Maplewood City Ha Expansionion
TKDA No 9424
Gentlemen:
We are submitting herewith a substitute proposal to solve the
problem relating to the sanitary drainage for the new addition.
We propose to remove a two foot portion of the slab across the
hall, directly east of room #104. We will saw cut the floor,
remove the slab excavate, locate the existing sewer pipe,
connect to that pipe with the new sewer, backfill, replace the
slab and replace the tile. We estimate the cost for this
additional work is $3,069.
Because we do not know what we might find when we remove the slab
we must assume we will find no obstructions which will interfere
with our direct line to the connection to the existing sewer.
Should.any obstructions be encountered the cost of removing them
will be an add to this change proposal. our price is predicated
upon the existing sewer pipe being at the proper elevation to
provide drainage for the new sewer..,We will use the same tile
and grout as the existing but, we cannot guaranty the color
match.
very truly yours,
MMRIMAC CONSTRUCTION
Jams F. Szurek
Zl,Zes ident
JFS /clr
66weor--
01f - oA6 .N Me'b 60 fo
to
0C;0 C)N
o
14533 Hwy. 65 N.E. Anoka, MN 55304 (612)434-6857
This Company is an Equal Opportunity Employer