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HomeMy WebLinkAbout1982 01-21 City Council PacketE) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. If discussion is de- sired, that item will be removed from the Consent Agenda and will be con- sidered separately. 1. Accounts Payable 2. Fire Department Agreements 30 Planning Commission Annual Report 40 Community Design Review Board Annual Report F) PUBLIC HEARINGS J 1. Industrial Revenue Note: Health Resources (7:00) 20 Liquor License: Esteban's, Maplewood Mall ((7 :15) 30 Sign Variance: McKnight Townhouses (7:30) 4. Street Easement Vacation: Lepsche (7:45) 50 Code Amdendment: Minimum Floor Areas (8:00) G) AWARD OF BIDS None 2. Ordinance: Plan Review Authority (First Reading) MINUTES OF MAPLEWOOD CITY COUNCIL 6:50 P.M., Thursday, December 17, 1981 Council Chambers, Municipal Building Meeting No. 81 -30 A. B. 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 6:50 P.M, by Mayor Greavu. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present C -1A STATE FIRE CHIEF'S POSTER CONTEST 6:50 P.M. a. Fire Marshal Al Schadt introduced representatives from East County Line, Gladstone and Parkside Fire Districts who presented awards to the winners of the 1981 State Fire Chiefs Poster Contest as follows: East County Line Fire District 1st Place Michele Paipal Age 10 Transfiguration School 2nd Place Stacy Boetcher Age 10 Gethsemane School 3rd Place Robyn Erler Age 10 Gethsemane School Gladstone Fire District 1st Place Jeff Ferguson Age 9 Harmony School 2nd Place Matt O'Brien Age 9' Weaver School 3rd Place Suzi Heili Age 10 Harmony School Parkside Fire District 1st Place Jason Cox Age 10 St'. Jerome's School 2nd Place Lisa Oscarson Age 10 St. Jerome's School 3rd Place Peggy Niederer Age 10 St. Jerome's School First place winners receive $25 check from their District Fire Department and a Tonka Toy aerial fire truck donated by Tonka Toy Corporation, Minneapolis. Second place winners receive $15 check from their District Fire Department. Third place winners receive $5 check from their District Fire Department. Posters were judged and evaluated by fire personnel. C -2 APPROVAL OF MINUTES 1. Minutes 81 -20 (August 20, 1981) 1 — 12/17 Councilman Anderson moved that the Minutes of Meetingbeapprovedassubmitted.No. 81 -20 (Au ust 20, 1981 ) Seconded by Councilman Nelson.Ayesyes all. 2. Minutes 81 -21 (August 27 198g 1) Councilperson Juker moved that the Minute s of M eetingbeapprovedassubmitted, No. 81 - (Au Dust 27, 1981) Seconded by Councilman Nelson.Ayes -all. 3. Minutes 81 -22 (September 3 1981 Councilperson Juker moved that the Minutesnutes of Meeting No. 81 -22 (September 3, 1981)be approved as submitted. Seconded by Councilman Nelson.Ayes - all. 40 Minutes 81 -24 (October 1 1981 Councilman Nelson moved that the Minutesbeapprovedassubmitted. of M 'eetin No.81 - 24 (October 1, 1981) J Seconded by Councilman Bastian.Ayes - all,il. 5. Minutes 81 -25 (October 7, 1981 Councilman Nelson moved that the Minutes be approved as'corrected: of Meeting No.81 -25 (October 7, 1981 ) Paged Item C - la Commissioner NewcombNewcombe not Senator" Seconded by Mayor Greavu.AvPR - ail D. APPROVAL OF AGENDA Mayor Greavu moved to approve the a enda as amend 1. Meeting with Planning Commission: Re - Dow2. County Road C Downtown Maplewood 3. Lyle Erickson - Appointment to Cable T.V. Seconded by Councilman Bastian. Ayesy all. E. CONSENT AGENDA Councilman Nelson moved, seconded by Councilman Anderson, Ayes - Mayor Greavu Council -person Juker, Councilmen Anderson and Nelson; Nays - Councilmanncilman Bastian, to approvetheconsentagenda, items 1 through 21 as recommended: 1. Accounts Payable Approved the accounts: Part I - Fees, Services _Expenses Check No. 006556 throughCheckNo. 006625 150 - Check No. 011931 through Checkg No. 012065 - $391CheckNo. 006514 through Check No. 006555 - Check No. 01.1930 - $85 Check No. 011832 through125023.96: Part, II - Payroll, Check No. g 03488 through CheckNo. 03610 - $50,675.26; Check No. 03358 through Checkheck No. 03487 - $52 in 2 - 12/17 the amount of $855,699.04. 2. Establish Hearing Date — Industrial Revenue Note — St. Johns a. Resolution No. 81 -12 -229 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry aqd commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; b) The City Council of the City of Maplewood (the "City ") has received from Health Resource Center, Inc., a corporation organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; c) Before proceeding with consideration of the request of the Company it is necessary for - the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk, 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Maplewood, Minnesota, this 17th day of December, 1981. 3 — 12/17 s/ John C. Greavu Mayor Attest: s/ Lucille E. Aurelius City Clerk NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota,will meet at the City Hall in the City of Maplewood, Minnesota at 7:00 P.M. on January 21, 1982, to consider the proposal that the City assist in financing projectgPJhereinafterdescribedbytheissuancefoindustrialdevelopmentrevenuebonds. The project will consist of the construction and equipping of a medical office building to be located at the NE corner of Beam Avenue and Hazelwood Avenue within the City of Maplewood, Minnesota. The estimated principal amount of bonds or other obligations to be issued to finance this project is $3,970,000. Said bonds or other obligations if and when issued will not constitute a charge,glienorencumbranceuponanypropertyoftheCityexcepttheprojectandsuchbonds or obligations will not be a charge against the City's general credit or taxin g powers but are payable from sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto is available for _pub_1lc __ns_pection _beg_inning Jan- uary 6, 1982, from 8:00 A.M. to 5:00 P.M., Monday through Friday, at the City Hall in Maplewood. At the time and place fixed for said Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 17th day of December, 1981. BY ORDER OF THE CITY COUNCIL) s/ Lucille Aure City Clerk b. Resolution No. 81 -12 -230 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT.AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING 4 - 12/17 WHEREAS, a) Chapte Development Act for the purpose and commerce to lands and areas r 474, Minnesota Statutes, known as the Minnesota Municipal Industrial the "Act ") gives municipalities the power to issue revenue bonds of the encouragement and development of economically sound industry prevent so far as possible the emergence of blighted and marginal of chronic unemployment; b) The City Council of the City of Maplewood (the "City ") has received from Health Resource Centr, Inc., a corporation organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Maplewood, Minnesota, this 17th day of December, 1981. s/ John C. Greavu Mayor Attest: s/ Luc E. Aurelius City Clerk NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT 12/1 o wiiom it way concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the.City Hall in the City of Maplewood, Minnesota, at 7:00 P.M. on January 21, 1982, to consider the proposal that the City assist in financing a project hereinafter described by the issuance of industrial development, revenue bonds. The project consists of the acquisition of land and the construction and equipping of an ambulatory care center, including a surgery center, an emergency center and physicial medicine, at the NE corner of Beam Avenue and Hazelwood Avenue, within the City of Maplewood, Minnesota. The estimated principal amount of bonds or other obligations to be issued to finance this project is $7,153,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning January 6, 1982, from 8:00 A.M. to 5:00 P.M., Monday through Friday, at the City Hall in Maplewood. At the time and place fixed for said Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 17th day of December, 1981. BY ORDER OF THE CITY COUNCIL) s/ Lucille E. Aurelius City Clerk 3. Final Approval: United Artists Industrial Revenue Note Resolution No. 81 -12 -231 NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. 6 - 12/17 Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes Chapter 474, as amended; Assignment of Leases and Rents: the agreement to be executed b the Borrowerrowerassigningalltherents, issues and profits derived from the Project t o the LendertosecuretherepaymentoftheNoteandinterestthereon; Bond Counsel: the firm of Briggs and Morgan, Professional 'g Association, of St.Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a writtenrttenopinil on signed by such Counsel; Borrower: United Artists Theatre Circuit, Inc., a Maryland corporation its successors, assigns, and any surviving, resulting or transferee business entitywhichmayassumeitsobligationsundertheLoanAgreement; City: the City of Maplewood, Minnesota, its successors and assi.gzs; Disbursing Agreement: the agreement to be executed by the City, the Borrowerand-the Lender, relating to the disbursement and payment of Project Costs for theacquisitionofthelandandtheconstructionandinstallationoftheimprovements;p ovements, Improvements: the structures and other improvements, including any tangiblepersonalproperty, gPppy, constructed or installed by the Borrower on the Land in accordancewiththePlansandSpecifications; Land: the real property and any other easements and rights described in ExhibitAattachedtotheLoanAgreement; Leases: all leases now or hereafter affecting the land; Lender: Mercantile National Bank at Dallas, in Dallas, Texas, its successorsandassigns; Loan Agreement: the agreement to be executed by the City and the Borrower,providing for the issuance of the Note and the loan of teh proceeds thereof to theBorrower, including any amendments or supplements thereto made in accordance withitsprovisions; Mortgage: The Mortgage, Security Agreement and Fixture Financing StatementtobeexecutedbytheBorrower, as mortgagor, to the Lender, as mortgagee, securinggpaymentoftheNoteandinterestthereon; Note: the $2,488,189 Commercial Development Revenue Note of 1981 (United ArtistsTheatreCircuit, Inc. Project), to be issued by the City pursuant to this ResolutionandtheLoanAgreement; Note Register: the records kept by the City clerk to provide for the registrationoftransferofownershipoftheNote; g Plans and Specifications: the plans and specifications for the constructionandinstallationoftheimprovementsontheland, which are approved b the Lender,together with such modifications thereof and additions thereto as were reasonablydeterminedbytheBorrowertobenecessaryordesirableforthecompletionoftheimprovementsandareapprovedbytheLender; Pledge Agreement: the agreement to be executed by the City and Lender assigtheLoanAgreementtotheLender; g g 7 — 12/17 Principal Balance: so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid at any t, i me ; Project: the Land and Improvements as they may at any time exist; Project Costs: the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted December 17, 1981, together with any supplement or amendment thereto. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instru- ment as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1 -2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and + to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: 1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; 2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Pledge Agreement, the Note and the Disbursing Agreement, which documents specify the terms and conditions of the acquisition and financing of the Project; 3) In authorizing the Project the City's purpose is, and in its judgement the effect thereof will be, to promote the public welfare by: the attraction, encourage- ment and development of economically sound industry and commerce so as to prevent so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas thus preserving the economic and human resources needed as abase for providing governmental services and facilities; the provision of accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the cost of governmental services, including educational services for the school district serving the community in which the Project is situated; 4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Section 474.05 fo the Act, will require the issuance of the Note in the principal amount of $2 as here- inafter provided; Q 19/17 s -d -e-sir-a -b1 e - -, - - e a s ib 1 e a consis with th 5) It 1 - ob ' ects and purposes of the Act to issue the Note, - for tie 7 ur ose of partially financing the Project;purpose interest accruing (6) the Note and the ante thereon do not a meanie of constitute an indebtedness of the City within the g nal or statutory limitation and do not any constitutio liability or a chargerisetoaecuniaryliaconstituteorgiverP f the Cit and againstt the general credit or taxing powers o Y 1 faith and credit nor the taxing powers of the neither the full City is pledged for the payment of the Note or interest thereon; and industrial development bond within . the 7) The Note is an 1 Revenue Code and i. s meaning of Section 103(b) of the Internal me 9 provided under subparagraphexemprov to be issued within the p P • b 6 of the Code with respect to an issue D) of Section 103 ( ( all of $10,000 or less; xrovlded that nothing herein shall the Note under a preventv the City rom hereafter qualifyingY different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1-4. Authorization and Ratification of Project* Cor-- The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 74 and subjectect to the terms and conditions of _ the Act set forth in the Disbursing Agreement, to pro vi de for the llation of the Project pursuant to the construction and insta sha be available to Plans and Specifications by such means as the Borro and in the manner determined by the Borrower, an without advertisement for bids as may be required + for the nd acquisition of municipal facilities; and the construction a q City hereby r ,atifies affirms, and approves all actions taken b the Borrower consistent with and In hereto Y anticipation of such authority and in compliance with the Plans and Speci f icatio 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 variations, omissions and insertions as are permitted or required by this appropriate • Resolution and in accordance with the further P rovssions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $2,488,189 unless a duplicate Note is issued pursuant to Section 2 -7. The Note shall be in i substantially the following form: 9 - 12/17 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1981 United Artists Theatre Circuit, Inc. Project) 2,488,189 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ") hereby promises to pay MERCAN`rILE NATIONAL BANK AT DALLAS, in Dallas, Texas, (the Lender ") , its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of 1110 MILLION FOUR HUNDRED EIGHTY -EIGHT THOUSAND. ONE HUNDRED EIGHTY -NINE AND N01100 DOLLARS ($2,488,189oOO) or so much thereof as may have been advanced to or for the benef it of the City and remains unpaid from time to time (the "Principal Balance"), with interest thereon at the rate provided in paragraph 1(d) hereof, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hereof and until January 1, 1982, interest only shall be paid. Interest shall accrue from and after the date of this Note and shall be payable beginning on January 1, 1982 and on each and every July 1 and January 1 thereafter. b) From and after January 1, 1982, the Principal Balance shall be amortized and paid in sixteen (16) equal consecutive semi - annual installments, payable on July 1, 1982 and continuing on each and every July 1 and January 1 thereafter until the Principal Balance and accrued interest thereon shall have been paid (the "Final Maturity Date"). Payments shall be applied. first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. c) If at any time (whether before or after payment in full of the Note) (i) the interest on this Note should become subject to federal income tax pursuant to a Determination of Taxability" as that term is defined in Section 4.07 of the Loan Agreement hereinafter referred to, and the Lender delivers to the Borrower a copy of the notice of the Determination of Taxability", (ii) any payment of interest on 10 - 12/17 in on the Note, in amount in respect of in Sections 56 the note or any ct to the tax imposed by whole or .n part, is subject 954 as amended, or through 58 of the Internal Revenue Code o Wafter Taxi Authority (here any similar tax imposed by a g s or (iii) the nref erence or similar item reference to defined) or tax federal tax measured by Lender is subject to any each of the above three Len of the Note hereinafter ea then the the principal o as a "Note Tax , shall be referred t the City# upon the said taxes l aid on behalf of Lender will be pr theomptYpadditional . en demand of the Lender, d ender and specified interest on f i.ed in written be computed by the L Note, an amount ( to of all taxesdeduction ten demand) which, after respect of the the writ Authority in required to be paid to any Taxing calculatedtobe at the . O such amount (such .taxes to the L and taking receipt o a pplicable maximum statutory tax rates to and local taxes for the deductibility of sta he Note Taxe into account shall be equal to the s the a come tax purposes) , Authority mean f e,eral In o f this paragraph Taxing For the purposes ova overnr1ent, and any federal gover nment, any state or 1 9 authority } ereln• taxln agency or a Y thereof or t g_ Note Tax" , in which d) Unless there is a ecified by be additional interest as sp principal event there shall to o f interest on the • paragrap 1(c) hereof , the ra rate of interest (or be e u a 1 to 68 s o f the prim ime to time Balance shall q t or announced from t st successor rate) se a rate of intereuchsttnequthebasisfordeshallbe by the Lender as " pr ercial borrow(the ime Rate ") and sha on co rm ing but anyt the Prime Rate changes, in no event shal er annum. adjusted anyt an nin the inte res e percent ( 9%) P t ra be less than payme hereunder shall be In any event, • the payme as such2• i al and interest due, sufficient to pay all princ P and to pay any premium or suf a d interest becomes due, Interest principal an redemption or otherwise* It at maturity, upon 360 day year, but charged pe na Y, computed on the basis of a shall be comp d in a 365 day yeare for the actual number of days elapse on any January 1 he Len tie on the3• I f t der should not receive and interest then d all of the principal in arrears through or July l ould continue to be and if the City sh o all otherl.ote, month, then, in addition on the fifteenth day of such entitled to receive r the Lender shall be ual to four sums due hereunde , h a service charge eq sixteenth day o al and interest.the s f such month uent principal percent (4900%) of the delinq and preinium or service 4, principal and inte the rincipal office r shall be payable at P m charge due hereunder r place as the Lender may of the Lender, or at such oche p designate In writi • 11 - 12/17 1 s issued b the City to provide funds 5. This Note s. Y ivision la, for a prod ubd s defined in Section 474.02, S project, a consisting of the acquisitionMStatutes, c 9 of real x theatre facility nd the construction of an eightple . estate, a Loan A reet of even date herewithmen thereon, pursuant to a g Circuit, Inc. (the between the City and United Artists Theatr • s Note is furtherbeandthis ". Borrower ") (the "Loan Agreement"), d in full compliance with the Constitution issued pursuant to an particularly Chapter 474, and laws of the State of Minnesota, P f the Cit and pursuant to a resolution o YMinnesotaStatutes, P December , 1981 (the "Re solut .on ) . Council duly adopted on Decem a Pl Agreement of 6. This Note is secured by g " PledgebtheCitotheLender (the Ple ge even date herewith y y. Agreement and Fixture Agreement"), a Mortgage, Security Agree • of even date herewith between the Financing _Statement, s mortgagee (the as mort agor, and the Lender a Borrower, ) , and by an Assignmentig g nment of Leases and Rents, of even Mortgage (the Ass ignment date herewith, from the Borrower to the Lend of Leases and Rents " ). The disbursement of the proceeds of this t1ote is subjectub'ect to the terms and conditions of a even date herewith between the Lender, Disbursing Agreement of a Agreement")* the City and the Borrower (the Disbursing Ag extend the times of payments of 7. The Lender may interest and /or principal of or any penalty or premium due on Final Maturity this Note, including the Date, without notice to releasing any f an arty iable hereon and wi thout or consent o Y P l o event may the Final Maturity Date such party. However, in the date hereof . be extended beyond thirty (30) year s from 8 . This Note may prepaidbeaid in whole or in part at P any time without premium. eve of prepayment o 9. In the eve f t1lis Note, the P P the applicable1ansuchprepayLendershallapplyYprepaymentagainst accrued interest re a ent premium, if any, then against • the • P P P • d finall aagainst the final on the Principal Balance an Y g ual paymentsamountsdueundertheNote. The semi -ann p ym principal hereof , shall continue to be due and due under paragraph 1 P Y .a able in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is books of the City at the office of the transferable upon the City Clerk the Lender in person or by his g Y by agent dul at the LenderauthorizedInwriting, 's expense, upon surrender hereof together with a written instru ment of transfer or City Clerk, duly executed by the Lende sat to the Y trans the City Clerk dui authorized agent. Upon such trans Y his Y and the name an will note the date of registration d address of the new registered a e istered Lender in the registration blank appearingg y m below. The City may deem and treat the person in whose name registered utheNoteislast on the books of the City with P 12 - 12/17 noted on the Note, as the absolute owner such registratio verdue for the purpose of receiving hereof, whether or not o al Balance, payme of or on the account, of the Princlp tion price or interest and for all other purposes, an redemp the Lender or upon his order .shall all such payments so made to be vale the liability valid and effective; to satisfy and discharge upon the Note to the extent of the sum or sums so p aid, and the city shall not be affected by any notice to the contrary. f the agreements, conditions, covenants 11. All o 9 stipulations contained in the Resolution, the provisions and s t ipu 1 Rents, the Loan e the Assign of Leases and R . Mortgage,Agreement and the Disbursing Agreemen Agreement, the Pledge g Note to .the same extent and with are hereby made apart of this the same force and effect as if they were fully s et forth herein. 12. This Note and interest thereon and any service der are payable solely from the thechargeorpremiumduehereinP 9 revenues and proceeds derived from the Loan Agreement, t of Leases and Rents, and do not Mortgage, and the Assignment mean of any constitute a debt of the City within the g 0 ra constitutional or statutory limitation, are not payable fro funds other than the revenues and proceeds a charge upon any f t i.ve rise to a pledged to the payment thereof, and do no g b of the City or, to the extent permute y liabilitypecuniaryid no holder law, of a of ts officers, agen or employees, an rcise of this Note shall ever have the right to compel any exe City to ay this Note or the of the taxing power of the Y ' a an thereon, or to enforce payment thereof g . Y interest the , City, t and this Note does not constitute a property of the 1 Y• e charge, lien or encumbrance, legal o r equitable, upon any g the a ree;nent of the City to perform property of the City, and g . d other provisionsPerfonnanceofthecovenan .s an P or cause the p all behereinreferredtoshall subject at all times to the availabilityilit I of revenues or other funds furnished for such purpose n accordance with the Loan Agreement, suffic t to p all costs of such perfo nuance or the enforcement thereof* t time is of the essence of this 13. It is agreed tha . Note* . I f an Event of Default ( as that teen is defi the Mortgage, the Assignor ned in ent of Leases and Rents, the Disbursing Agreement or the Loan Agreement) shall occur, then the Lender shall have the Principal the right and option to declare, rest thereon, lm- nediately due and Balance and .accrued ante premiums or service able, whereupon the same, plus any pre payable, payable, but solely from sums made charges, shall be due an P Y available Assi nnent of Leases under the Loan Agreement, the g Failure to exercise such option a and Rents and the Mortgage* f the ri ht to exercise9 any time shall not constitute a waiver o i the same at any subsequent time* 13 - 12/17 14. The remedies of the Lender, as provided herein and in the Mort age, the Assignment of Leases and Rents, the T g Loan Agreement, the Pledge Agreement and the Disbursing Agreement, are not exclusive and shall be cumulative and concurrent and be pursued singly, successively or together,r may at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise an such right or remedy shall in no event beY construed as a waiver or release thereof. 15. The Lender shall not be deemed, by any act of omissi.o nor co-a ssion, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender Yrandthenonly to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 16. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a artici ation interest in the Note be given pursuant to any participation agreement except p in accordance with an applicable exemption from such registration requirements. ED AND RECITED that all IT IS HEREBY CERTIFIED t happen and be d things required to exls P conditions., acts an 9 , nuance of this .Note do ed precedent to or 1 n the is d in r and due per form P nd have been perform e 9 exist, have happened a form as required by laws has caused this Note to IN WITNESS tiEREOF, the City signa of the its name by the manual sign be duly executed In d the corporate seal to be Mayor and City Clerk and has cause o be dated affixed heret o , and has caused this Not December .1981. CITY OF MAPLEWOOD• MINNESOTA Mayor Attest: City Clerk SEAL) 14 _ 12/17 PROVISIONS AS TO REGISTRATION unpaid Principal Balance of this The ownership of the u P don the Note istheinterestaccruingthereons registere pbooksoftheCityofMaplewood in the name of the holder last noted below. Signature of Date of Name and addr ess erk ReQi tratlon Re istered Owner City C1 Mercantile National Bank at Dallas s 2 -29 The Note The dote shall be dated as of the date of delivery, all be payable at the times andd in the manner, shall bear P Y interest at the rate, and shall be _ subje ct to such other terms and conditions as are set forth therein. 2 -3. Execution. The mote shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In. case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be d and sufficient for all purpose the same as if had remained in office until delivery. In the event of the absence or disability YabilitoftheMayor or the City Clerk such officers of the • PeCityasintheopinion of the City Attorney, may act in their behalf, shall without furthe r act or authorization of the city Council execute and deliver the Note. 2 -4. Delivery of Note Before delivery of the Note there shall be f iled with th e Lender (except to the extent waived by the Lender) the following items 15 _ 12/17 1) an executed copy of each of the following documents: A) the Loan Agreement; B) the Pledge Agreement; C) the Mortgage; D) the Assignment of Leases and Rents; E) the Disbursing Agreement; and F) a cost certificate signed by the Borrower certifying the use of the proceeds of the Note. 2) an opinion of Counsel for the Borrower 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 Upon delivery of the Note, the Lender shall, on behalf of the City, advance funds for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, including compliance with the pro - visions of the Disbursing Agreement. The Lender or the Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. 2 -6. Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The dote shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized.in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk 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. 16 - 12/17 2 -7. Mutilated, Lost or Destroyed Note. In case any Note issued hereun3er shall become. mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or lost i4ote 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. Ownershi2 of Rote 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 Mote 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. 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 Mortgage, and the Assignm of Leases and Rents, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in 17 - 12/17 Agreement, the Pledge Agreement, the • the Note, the Loan Agr• and Rents; and nothing Mort a e, and the Assignment of Leases d as99 ' n this Resolution shall be considered In the Note or 1 otherwise encumbering any other funds or assigning, pledging or othe assets of the City. 3 Performance of and Authorit for Covenants. perform atwillfaithfully .pe Th City covenants that it wi ions and all covenants,undertakings, stipulations all times any and i the L1ote executed, provisions contained in this Resolution, ' dings ofP and delivered hereunder and in all procee i g authenticated a 't is dui authorized the ' Council pertaining i Y Co ining thereto; that P . under the Constitut and laws of the State of Ml.nnesota • d without limitation the Act, to Issue including particularly an led a the revenues and assign the she Note authorized hereby, p 9 the extent set forth in Loan Agreement in the manner and to to the Loan Agreementreenent and the Pledge this Resolution, the No • or the issuance of the that all action on its part f duiAgreement, execution and .delivery thereof has been y Note and for the and effecti taken, and thatt the Note in the hands of the i and enforceable special limited Lender is and will be a valid thereof. e City according to the terms obligation of th y 3 3. Enforcementforcement and Performance of Covenants* The City agrees to enforce all covenants and under the Loan Agreement and obligations of the Borrower l covenants and other in Agreements and to per al • heDisbursing9 o the City contained 111 the Note, t provisions pertaining t Y Loan Agreementt and the Disbursing Agreement a nd subject to Section 3 -4. 3_4. Nature of Secures containedNotwithstandinganythingd in the Note, the the Loan he Assignment of Leases and Rents, errediiortgage, t g an other document ref Afire ement, the Pledge Agreement or Y of the 4 to the contrary, provisions to in Section 2 under the on or be a charge upon any Act the Note may not be payable f r ee pledged funds of the City other than the revenues and proc shall the City be subject to any to the payment thereof , nor herwise contribute or thereon, nor shall the Note of theliabilityoftheCityor, to give rise to a pecuniary liability the City ' s s officers, employee e rmitted by law, any of Y have the right L.extent p o f the Note shall ever ha and agents .D No holder power o f the City to pay the ancomp exercise of the taxing po a • ent thereof Note or the interest P y thereon, or to enforce p ym other than the revenues against any property of the City Note shall not9 e Pledge Agreement, and the pledged under th 9 encumbrances legal or equitable, constitute a charge, lien or to shall not tuponanyproperty of the City; and the No City w constitute a debt of the Ci ' 10 ithin the meaning of any nothing in the Act constitutional o r statutory limitation, but 18 - 12/17 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 Mortgage # the Assignment of Leases and Rents, 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; 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 P a y all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon* 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 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 T ranscri t 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 Clerk is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Rains ey County, and to obtain from said County Auditor a certificate that the dote as a bond of the City has been dulyentereduponhisbondregister. 19 - 12/17 4.4. Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement, the Disbursing Agreement, the Mortgage and the Assignment of Leases and Rents are hereby approved in substantially the form heretofore presented to the City Council together with such additional details therein as may be necessary and appropriate and such modifi cations thereof, 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 City Clerk 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 City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things further act or authorization of the City Council do all things and execute all instruments and documents required to be done or ex- ecuted by such absent or disabled officers. 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 hereof. Adopted: December 17, 1981. s/ John C. Grea Mayor Attest: s/ Lucille E. Aurelius City Clerk 4. Establish Hearing Date: Liquor License - Estebans Resolution No. 81--12 -232 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood, a public hearing will be held on the .21st day of January, 1982 starting at 7 :15 P.M. in the City Hall, 1380 Frost Avenue, to consider the application of the following individual for an Intoxicating Liquor License: David Paul Schmitt 13630 Everest Avenue Apple Valley, Minnesota 55124 such license to be located at Esteban's Mexican Foods, Inc., Maplewood Mall, 3001 White Bear Avenue, The Council is proceeding in this matter as outlined under the provisions of City Ordinances. Such persons as desire to be heard in reference to this matter will be heard at the time and place as indicated. Dated this 17th day of December, 1981, 5. Washington County Plan Review Authorized staff to forward comments as stated to Washington County regarding the Washington County Plan Review. 20 - 12/17 6. County State Aid Highway Designations Resolution No. 81-12 -233 WHEREAS this Council deems it necessary, expedient, and proper to concur with the Ramsey County Department of Public Works in their request for removing certain portions of roads within the City from County State Aid Highway designation; NOW, THERE ,FORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: In concurrence with the request from Ramsey County, this Council grants approval y gtotheremovalfromCountStateAidHighway designation the following road portions: 1. .57 miles of Stillwater Road (T.H. 5, CSAH 68) from Minnehaha Avenue to Stillwater Avenue. 20 .23 miles of Prosperity Road (CSAH 64) from County Road B to White Bear Avenue 7. Safety Improvements: Highway 36 Resolution No. 81 -12 -234 WHEREAS, the Commissioner of the De artment of Transportation has prepared a prelimina r y layoutout for the improvement of a part of Trunk Highway Number 1 renumbered as HighwayTrunkHih No. 61 within the corporate limits of the City of Maplewood, from Koh iman Avenue to No. Corp. limits (Co. Rd. "D "); and seeks the approval thereof; and WHEREAS, said preliminary layouts are on file in the Office fo the Department off Trans ortation, Saint Paul, Minnesota, being marked, labeled and identified as NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of said Trunk Highway within the corporate limits be and hereby are approved. 8. Safety Improvements: Highway 61 Resolution No. 81 -12 -235 WHEREAS the Commissioner of the Department of Transportation has prepared a ypreliminarylayout for the improvement of a part of Trunk Highway Number 11 wa re- numbered as HighwayTrunkHih no. 36 within the corporate limits of the City of Maplewood from 1000 feett west to 200 feet east of English Street; and seeks the approval thereof; and WHEREAS, said preliminary of Transportation, Saint Paul as Layout No. lA S.P. 6211 -64 English Street. NOW, THEN, BE IT RESOLVED said Trunk Highway within the layouts are on file in the Office of the Department Minnesota, being marked, labeled, and identified 36=118) from 1000 feet west to 200 feet east of that said preliminary layouts for the improvement of corporate limits be and hereby are approved. 9. Final Payment - Keller Parkway Sanitary Sewer - Project 80 -14 Resolution No. 81 -12 -236 WHEREAS P ursuant to a written contract approved by the City on August 20, 1981, Salo Trucking and Excavating of Duluth, Minnesota, has satisfactorily completed Maplewood Improvement Project 80 -14 in accordance with said contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. 10. Final Payment: Gervais Avenue - English Street - Project 78 -1 Resolution No. 81 -12 -237 WHEREAS, pursuant to a written contract approved by the City on May 15, 1980, Shafer Contractin g Company of Shafer, Minnesota, has satisfactorily completed Maplewood' Improvement Project 78 -1 in accordance with said contract; NOW, THEREFORE., BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a P roper order for the final payment on said contract, taking the contractor's receipt in full. 11. Final Payment: Gervais Avenue - West of White Bear Avenue - Project 77 -9 Resolution No. 81 -12 -238 WHEREAS, pursuant to a written contract approved by the City on September 4 19.80, Arcon Construction Company, Inc., of Mora, Minnesota, has satisfactorily com- pleted Maplewood Improvement Project 77 -9 in accordance with said contract; NOW,THEREFORE BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a ro er order for the final payment on said contract, taking the contractor's P P receipt in full. 12. Tax Forfeit Land Resolution No. 81 -12 -239 WHEREAS, the Board of County Commissioners of Ramsey County by resolution dated Ma y 19, 1980, classified as non- conservation land, certain land lying within the limits of the City of Maplewood; and WHEREAS, a certified copy of the classification resolution together with a list of the land classified has been submitted for approval of the classification and sale of the land classified in accordance with MSA, Section 282.01, sub. 1; NOW, THEREFORE, BE IT RESOLVED that the classification of the land shown on said list as non - conservation land and acquired for public purposes be and hereby is approved; and 22 — 12/17 BE IT FURTHER RESOLVED that the City Clerk be and hereby is authorized to file a certified Yfiedco of this resolution in the Office of and Land Commissioner. Unplatted Lands - Township 29, Range 22 57 00910 150 39 North 150 feet of the south 1198 - 92/100 feet of the East 137 feet more or less of the west 417 feet measured due east and west of part of the southwest quarter of the northwest quarter east of Keller Parkway in Section 9 Smith and Taylor's Addition to North St. Paul 57 68800 012 08 Subject to road and easements, the north one -half of vacated alley adjoining and Lot 1, Block 8 13. Interceptor Maintenance Agreement for 1982 - MWCC Resolution No. 81 -12 -240 The Metropolitan Waste Control Commission and the City of Maplewood agree to new the Interceptor Maintenance Agreement No. 129 which is currently inforce between re P these parties. The terms of the agreement for the renewal period shall be the same as those contained in the agreement which was executed for the January 1, 1981 - December 31, 1981 period with the exception of Section 6.02: Section 6.02 Cost Estimates; Payments." The parties estimate that the total amount of costs which the Commission will be required to pay to the Municipality for performance of this agreement in 1982 will be $13,000.00. Such amount shall be paid in twelve monthly installments as an advance payment of such costs. On or before March 1, 1983, the Municipality will submit to the Commission a detailed statement of the actual costs incurred by the Munici - p Yalit which the board is required to pay in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of • such actual costs. If the total of the monthly advances paid by the board is less than the actual amount of such costs, the Commission shall pay MunicipalitytotheMunicialit on or before April 1, 1983 an amount equal to the Jiff - erence between the actual costs and the monthly advances previously paid. The Municipality shall keep detailed records supporting all costs of the types specified in Section 6.01 which it expects the Commission to pay, and shall make the same available to the Commission on request." The renewal P eriod for Interceptor Maintenance Agreement No. 129 shall be January 1,1982 - December 31, 1982. That both parties agree to the renewal period and terms is evidenced by the signatures affixed to this agreement. 14. Joint Use Rental Agreement for 1982 - MWCC Resolution 81 -12 -241 The Metropolitan Waste Control Commission and the City of Maplewood agree to renew the Joint Use Rental Agreement No. 150 under the same terms and conditions contained in the agreement which is currently in force between these parties. The R perioderiod for Joint Use Rental Agreement No. 150 shall be January 1, 1982 - December 31, 19820 T p gThatbothpartiesagree to the renewal period and terms is evidenced by the 17/17 signatures affixed to this statement. 15. Interest on Interfund Loans Resolution No. 81 -12 -242 WHEREAS, effective January 1, 1977, the method of allocating investment interest between funds was revised to provide that funds with an average deficit cash balance are charged interest expense at the same rate that funds with an average positive cash balance earn interest; and WHEREAS, resolutions adopted in the past may have inadvertently prohibited this procedure for some funds; NOW, THEREFORE, BE IT RESOLVED, that the method of allocating investment interest between funds as outlined in the first paragraph is hereby endorsed; and BE IT FURTHER RESOLVED., that all resolutions which authorized the sale of bonds are hereby amended to authorize the method of allocating investment interest between funds as outlined in the first paragraph. 16. Budget Change: Police Authorized budget change increasing expenditures within the Police Department's Account 101- 121 -4110, Office Supplies, in the amount of $585.00 and increasing the estimated revenues in Account 101-3401, Fines, for the same amount; and that it become a permanent practice within our budget preparations. 17. Animal Control Contract Authorized the agreement between the City and M.A.P.S.I. for 1982 Animal Control as proposed. 18. Budget Transfer: Police Authorized a budget transfer within the Police Department's 1981 budget from Account 101 -121 -4210 to Account 101 -121 -4610 in the amount of $3,000. 19. Purchase of 1982 Police Cars Resolution 81 -12 -243 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Midway Ford, Inc. in the amount of $9,210 per vehicle (total $55,740) is the lowest responsible bid for the purchase of six 1982 model patrol sedans and the proper Cit y Officers are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. 20. Mutual Aid Fire Department Agreements Authorized signing the Mutual Aid Fire Agreements for the City's three contracting Fire Departments with the Capitol City Mutual Aid Association. 21. Designation of Official Depository and Banking Services Agreement Resolution No. 81 -12 -244 BE IT RESOLVED, that the Maplewood State Bank is hereby designated as the depository 24 — 12/17 for demand deposits of the City of Maplewood; and BE IT FURTHER RESOLVED, that an agreement is hereby approved with Maplewood State Bank for banking, lockbox, and account reconciliation services based upon the terms in their proposal dated December 7, 1981; and BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by check when signed by the signature, or by the facsimile signature, of the Mayor, City Manager, and City Treasurer; and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the request of the City Treasurer of Finance Director for purchases of City investments; and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security; and BE IT FURTHER RESOLVED, that this depository designation shall be effective until a new depository is designated. F. PUBLIC HEARINGS 1, On Sale Wine License: Pizza Time Theatre 7 :00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Pizza Time Theatre for an On Sale Wine License at 2950 White Bear Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mr. Allen Edwards, the applicant, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Anderson introduced the following resolution and moved its adoption: 81 - 12 - 245 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on December 17, 1981, an On Sale Wine License was approved for Allen Dean Edwards, dba Pizza Time Theatre, Inc., 2950 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Councilperson Juker. Ayes - all. 2. Rezoning: Beam Avenue, Maplewood Drive to County Road D - 7:00 P.M. a. Mayor Greavu reconvened the meeting for a public hearing regarding the pro- posed rezoning of the area described as Beam Avenue, Maplewood Drive, County Road D, and the westerly City limits, including the properties fronting on the 25 - 12/17 south side of Beam Avenue from F, Farm Residence and M -1 .Light Manufacturing to RE20 Residential Estates. The Clerk stated this hearing was continued from November 19, 1981 meeting. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the Planning Commission recommendation: Commissioner Pellish moved the Planning Commission take no action and allow the current standards and shoreline guidelines to determine the minimum lot areas. If the residents request it, rezone the residential lots on the south side of Beam Avenue to RE -20. Commissioner Kishel seconded. Ayes - all." d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons presented their opinions: Mrs. Marily Vars, 1140 E. Beam Avenue Mr. Duane Stolb, 1134 E. County Road D Mrs. Robin Zahn, 1166 Beam Avenue Mr. Gordan Grant, 2134 Arcade St. Mr. Gerald Mogren, 2855 Frederick Street Ms. Karen Barnhart, 1134 E. County Road D Mr. Harvey Zuercher, 2911 Maplewood Drive Mr. James Pozreba, 987 Beam avenue Mr. Nick Papov, 1185 Beam Avenue Mrs. Kuehn, 1190 Beam Avenue Mr. Kuehn, 1190 Beam Avenue Mrs. Vera Piletich, 860 Burke Avenue e. I Mayor Greavu closed the public hearing. f. Councilman Anderson moved to rezone the area from the lakeshore side west of the Adele Street lots and the area south of Beam Avenue to R -E 20,0 square feet and everything north of Adele be guided by the lakeshore ordinance. Motion died for lack of a second. g. Following lengthy discussion, Councilman Bastian moved to proceed to the r,o%rf- ; f-om Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Nays - Councilperson Juker, 3. Preliminary Plat and Street Vacation: Beam Lakeside Addition 7 :00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Voya Piletich for approval of Beam Lakeside Addition Preliminary Plat and also the vacation of a 33 foot easement for public right of way. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: 26 - 12/17 Commissioner Howard moved the Planning Commission recommend to the City Council approval of the proposed resolution declaring a moratorium on plats without access to both public sanitary sewer and water until the revised subdivision ordinance requiring such utilities becomes effective. Also, take no action on the Beam Lakeside Addition preliminary plat or street vacation until the moratorium is lifted. Commissioner Pellish seconded. Ayes — 7 Nays — 4 (Commissioners Prew, Fischer, Hejny and Ellefson)" d. Mr. Peter Beck, attorney representing Voya Piletich, spoke on behalf of, the proposal. Mr. Piletich also spoke on behalf of the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons presented their opinions and concerns: Mr. Roger Runyan, 3046 LaBore Road Resident at 3006 LaBore Road Mr. John Sculley, 3000 LaBore Road Mr. James Pazreba, 987 Beam Avenue Mr. Marilyn Vars, 1140 Beam Avenue Mr. Duane Stoeb, 1134 E. County Road D f. Mayor Greavu closed the public hearing. g. Councilman Nelson moved to approve the Beam Lakeside Addition Preliminary Plat subject t -o the following conditions: 1. Building permits only to be issued in Area I and in Area I deed restrictive covenants be included so buyer is aware they will have to connect to city water when it becomes available. The restrictive covenants be reviewed and approved by staff, 2. No building shall be permitted on remaining areas.of the plat until such time as city water is available. 3. Suitable documentation from property owners be presented, granting the de— veloper the right to grade the adjoining property. 4. A final grading, drainage, and utility plan be approved by the City Engineer, 5. A developer agreement be entered into to provide all internal plat improve— ments, including water lines in the streets. 6. Grading around the existing dike be completed, maintaining past drainage patterns. 7. Payment of the deferred assessment and interest. 8. Filing of a deed combining a residual 25 foot strip at Beam Avenue and the east line of the plat, with the lot at 1185 Beam Avenue. 9. Deeding of Outlot A to the City. 10. Beam Avenue should be paid for by the developer and relocated within the plat or Council must order Beam Avenue as a public improvement project. 27 — 12/17 11. Submission of an erosion control plan, considering the recommendations of the Soil Conservation Service. 12. Grading of the entire site to grades approved by the City Engineer before final plat APPROVAL. No material may be removed until the entire site is graded. This requirement maybe waived by the Director of Public Works if engineering data shows excess material on the site. 13. The phasing plan shall be revised to include the extension of Adele Street to the north property line with phase II. Additional phases must be approvedbystaff. Pp Seconded by Mayor Greavu, Councilman Bastian moved to amend the motion and revise the 21 building lots for Area I to 13 building lots. Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Nays - Councilperson Juker. Voting on original motion. Ayes - Mayor Greavu, Councilman Anderson, Bastian and Nelson. Nays - councilperson Juker. h. Councilman Bastian introduced the following resolution and moved its adoption: 81 - 12 - 246 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851,thereof, the Maplewood City Council after a public hearing preceded by two (2) weeks published and posted notice, proposes the vacation of the followin g described right of way: That part of the south 33 feet of the SW 1/4 of the NE 1/4 of Section 4, T. 29N R. 22W lying westerly of the following described line: Com- mencint at the Southwest corner of said NE 1/4; thence East (assumed bearing)along the South line of said NE 1/4 872.72 feet to the point of beginning of the line to be herein described; thence Northwesterly along a non-tangential curve to the right 67.72 feet, more or less, to a point on the North line of said South 33 feet, radius of 330 feet, delta angle of 11 ° 45'30" alon g chord of 67.6 feet bears N 60 ° 46'57" W and there terminating, to wit: Property affected by the street vacation: Those lots abutting on the south side of Beam Avenue WHEREAS, the Maplewood City Council finds that the vacation of the above described street and alley are in the interest of the public due to changinglandusesandobsoleteplatting. NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minn- esota, that the above described street be and hereby is vacated, and the CityClerkisherebydirectedtoprepareanoticeofcompletionoftheproceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey CountyRecorder, subject to filing of a final plat for the Beam Lakeside Addition. Seconded by Mayor Greavu. Ayes - all. 4. Rezoning and Approval of Office Use: White Bear Avenue 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Maplewood Project Associates for a zone change from F- Farm Residence to LBC, Limited Business Commercial the property located on the west side of White Bear Avenue south of Radatz Avenue and approval of an office use in the LBC District, The Clerk stated the hearing notice was in order and noted the dates of publicat- ion. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: Commissioner Prew moved the Planning Commission recommend to the City Council approval of the resolution to rezone the property from F to LBC and approval of an office use, on the basis that: 1. The proposed zoning and use is consistent with the Land Use Plan and Plan Update. 2. The proposed zoning and use is consistent with previous actions taken by the City. 3. An office building would be compatible with adjacent properties. It should be noted that approval of the rezoning does not imply approval of the site or building plans. Review of these plans will be done through the Community Design Review Board. Commissioner Fischer seconded. Ayes - all." d. Mr. Bill Hennemuth, architect, Rieke, Carroll, Muller Associates and Mr. Warren Bruggeman, Benson and Orth Associates, representing the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Dale Rudemacher, 1910-Radatz. g. Mayor Greavu closed the public hearing. h. Councilman Anderson introduced the following resolution and moved its adoption: 81 - 12 - 247 WHEREAS, a petition was filed with the Director of Community Development as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the owners of property within 200 feet of the property described as follows: That part of the N 1/2 of the SW 1/4 of Section 2, Township 29, Range 22, lying South of Radatz Avenue and West of the center line of White Bear Avenue, except the N 200 feet and except the W 310 feet and the E 200 feet 29 — 12/17 of the W 1685 feet of the N 200 feet of that part of the N 1/2 of ._the SW 1/4 of Section 2, Township 29, Range 22, lying South of Radatz Avenue, according to the United States Government Survey thereof, Ramsey County, Minnesota. The E 200 feet of the W. 1685 feet of the N 200 feet of that part of the N 1/2 of the SW 1/4 of Section 2, Tonwship 29, Range 22, lying South of Radatz Avenue, Ramsey County, Minnesota. The E 55 feet of the W 665 feet of the N 200 feet of that part of the N 12/ of the SW 1/4 of Section 2, Tonwship 29, Range 22, lying South of Radatz Avenue, Ramsey county, Minnesota. EXCEPT The E 55 feet of the W 665 feet of the N 200 feet of that part of the N 1/2 of the SW 1/4 of Section 2, Township 29, Range 22, lying South of Radatz Avenue, according to the United States Government Survey thereof. The E 1101.04 feet of the W 1411.04 feet of the N 1/2 of the SW 1/4 of Section 2, Tonwship 29, Range 22, Ramsey County, Minnesota, lying South of the North 891.2 feet thereof which has been proposed for rezoning from F, Farm Residence District to LB C, Limited Business Commercial; and WHEREAS, a public hearing was held on December 3, 1981 at 7 :15 P.M. in the City Hall, notice thereof having been published in the official City news- paper, and notices of said hearing having been mailed to all property owners of record within 350 feet of the area proposed for rezoning; and WHEREAS, all objections and recommendations relative thereto were heard by the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described rezoning be granted, in the basis that: 1. The proposed zoning and use is consistent with the Land Use Plan and Plan Update; 2. The proposed zoning and use is consistent with previous actions taken by the City; 3. The office building would be compatible with adjacent properties. Seconded by Mayor Greavu. Ayes - all. i. Councilman Anderson moved approval of an office use in the LBC District for this property. Seconded by Mayor Greavu. Ayes - all. 5. Rezoning Preliminary Plat, Street Vacation: Maple Ridge Mall 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of J.S.B., Inc. to rezone from LBC, Limited Business Commercial to BC Business Commercial, the property located on the northwest corner of Gervais Avenue and White Bear Avenue. Approval is also requested for a preliminary plat and a street easement vacation. The Clerk stated the hearing notice was in order 30 - 12/17 and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Duane Prew presented the following Planning Commission recom- mendation: Commissioner Kishel moved the Planning Commission recommend the City Council approve the resolution vacating that portion of the VanDyke Street easement lying south of the north line of proposed Outlot A, subject to the retention Y g of a utility easement, on the basis that: y Open1. Ramsey Count 0 Space land abuts this portion of right of way.P 20 There is no public need for improvement. 3. The P resence of the right of way unnecessarily restricts the development potential of the property abutting to the east* Commission recommends approval of the resolution authorizing a zone change The Comm P for the mall site from Limited Business Commercial to Business Commercial. Also recommend approval of the preliminary plat, subject to: 1. All easements (Ge rvais Avenue , storm water, ponding, and sanitary sewer) bein g described on the plat the same as in previously recorded easements of record. These easements to be approved by the Director of Public Works. 2. Outlot A is dedicated to Ramsey County. f final grading, drainage, and utility plans by the City Engineer.3. Approval o g g g 4. Submission of an erosionion control plan, before a building permit is issued. 5. The north twenty feet of block six, Maplewood Addition, lying west of White Bear Avenue, shall be included in the plat as part of lot one, block one, or a deed shall be recorded with Ramsey County prior to final plat, to trans - fer title to the P roperty owner abutting to the north. Said deed shall contain a e gdeedrestrictionstating, "This property shall not be considered a buildable parcel." Approval of the rezoning and preliminary plat does not imply approval of the site P lan. Review of the site plan is done through the Community Design Review Board. Commissioner Fischer seconded. Ayes - all." d. Mr. Ralph Wag ner Engineering Consultant, Probe Engineering, representinggg the developer, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. The following were heard: Mr. Gerald Mogren, 2855 Frederick Street f. Mayor Greavu called for opponents. None were heard. g Mayor Greavu closed the public hearing. 31 - 12/17 h. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 12 - 248 WHEREAS, a petition was filed with the Director of Community Development as provided under Section 915.010 of the Municipal Code of the City of Maplewoodsaidpetitionhavingbeensignedbymorethan50% of the owners of propertywithin200feetofthepropertydescribedasfollows: That part of the NWW 1/4 of Section 11, T. 29, R. 22, Ramsey County Minn- esota; thence N 8 18' 54" W, along the South line of said NE 1/4 423.32 feet, thence S 89 18' 54" E, along the South line of NE 1/4, 100 feet; thence along a tangential curve concave to the Northwest having a radius of 649.88 feet and a central angle of 43 30' 25 a distance of 493.48 feet; thence N 47 10' 41 E, 562.46 feet; thence along a tangential curveg concave to the Southeast having a radius of 649.83 feet and a rental angleof2132' 46 a distance of 244.30 feet to the point of beginning, said point of benginning also being on the center line of Gervais Avenue; thence continuing along last described curve and along said center line, radius 649. feet and central angle 21 17' 44", a distance of 241.53 feet; thence S 89 59' 09 E, 377.6 feet to the westerly line of White Bear Avenue, thence N 20 27 E, along said westerly line 1195.47 feet to the South line of the North 20 feet of Block 6 of the plat of Maple Wood Add. To The City of North St. Paul, thence N 89 59' 41" W, along said south line and its westerly extension thereof, 705.11 feet to the East line of the platofCrestmoor: thence S 0 02' 34" W along said east line, 610.00 feet to the North line of the SW 1/4 of the NW 1/4 of said Section 11; thence N 89 58' 41" W, along said North line 175.17 feet to the Easterly line of Ponding Easement; thence S 27 45' 28" E, along said line, 376.63 feet to the center 0line of a utility easement as set forth in Document No. 2097426; thence S 0 00' 10" E, along said center line 291.62 feet to the point of beginning, which has been proposed for rezoning from LBC, Limited Business Commercial to BC, Business Commercial; and WHEREAS, a public the City Hall, notice paper, and notices of of record within 350 WHEREAS, all objet by the City Council; hearing was held on December 17, 1981, at 7 :30 P.M. in thereof, having been published in the official_ -City news - said hearing having been mailed to all property owners feet of the area proposed for rezoning; and tions and recommendations relative thereto were heard NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described rezoning be granted, on the basis that: 1. The proposal is consistent with the intent of the Land Use Plan for this area. 2. The site is buffered on four sides and thereby will not substantially injure or detract from the use of neighboring properties. 3. The adjacent roadways are designed to carry the traffic generated by a use such as the proposed mall. 32 - 12/17 Seconded by Councilman Bastian. Ayes — all. i. Mayor Greavu moved to approve the preliminary plat as requested for the Maple Rid e Mall subject to the followi onditions: 1. All easements (Gervais Avenue, storm water, ponding, and sanitary sewer) being described in the plat shall be the same as in previously recorded easements of record. These easements to be approved by the Director of Public Works. 2. Outlot A is dedicated to Ramsey County. 30 Approval of final grading, drainage, and utility plans by the City Engineer. 4. Submission of an erosion control plan, before a building permit is issued. 5. The north twenty feet of block six, Maplewood Addition, lying west of White Bear Avenue, shall be included in the plat as part of lot one, block one or a deed shall be recorded with Ramsey County prior to final plat to transfer title to the property owner abutting to the north. Said deed shall contain a deed restriction stating, "This property shall not be considered a buildable NLU parcel." Approval of the rezoning and preliminary plat does not imply approval of the site plan. Review of the site plan is done through the Community Design Review Board. wor-. Seconded by Councilman Bastian,. Ayes — all. j. Councilman Anderson introduced the following resolution and moved its adoption: 81 — 12 — 249 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing proceded by two (2) weeks published and posted notice, proposes the vacation of the following described as the south 655.10 feet of the VanDyke Street right of way /street easement, all in Section 11, Township 29, Range 22 to wit: PROPERTY AFFECTED THE STREET - VACATION 1. Lot 9 and 10, Block 1, Crestmoor Addition 2. Except the North 654 feet and except the east 396.5 feet, that part of the NW 1/4 of the NW 1/4 east of a line running from a point on the north line of and 562.43 feet from the NE corner to a point on the south line and 563.5 feet from the SE corner of said 1/4 1/4 in Section 11, Township 29, Range 22. WHEREAS, the Maplewood City Council finds that the vacation of the above described street is in the interest of the public due to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to the retention of a permanent utility easement over, under, through, and across the right —of— way /street easement to be vacated, to be 40 feet in 33 — 12/17 width and centered on the vacated right -of- way /easement. Seconded by Councilman Bastian. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 10 Subdivision Ordinance - Second Reading. as Manager Evans presented the staff report. b. Councilman Anderson moved an amendment to the ordinance requirin 12,500 square feet for double dwelling lots. Seconded by Councilperson Juker. Ayes - Councilperson Juker and Councilman Anderson. Nays - Mayor Greavu, Councilmen Bastian and Nelson. c. Councilman Nelson introduced the followin& ordinance and moved its adoption: ORDINANCE N0, 507 AN ORDINANCE AMENDING THE MAPLEWOOD SUBDIVISION ORDINANCE Chapter 1000 SUBDIVISIONS 1001. PURPOSE To protect and promote the public health, safety, and general welfare, to provide for the orderly, economic, and safe development of land, to preserve agricultural lands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, Maplewood hereby adopts subdivision regulations establishing standards, requirements, and procedures for the review and approval or disapproval of subdivisions. 1002. DEFINITIONS. For the purposes of this chapter, the following words, terms, and phrases shall have the following meanings respectively ascribed to them by this Section: Alley. An "alley" is a public right -of -way which affords a secondary means of access to abutting property. 34 - 12/17 Boundary Lines: "Boundary lines" are lines indicating the bounds or limits of any tract or parcel of land. Building line or setback line: A "building line" also referred to as a setback line," means the line beyond which property owners or others have no legal or vested right to extend a building or any part thereof, without special permission and approval of the proper authorities. City: "City" means the City of Maplewood, Minnesota. City Council: "City Council" means the City Council of Maplewood, Minnesota. Contour map: A map on which irregularities of land surface are shown by lines connecting points of equal elevations. A contour interval is the vertical height between contour lines. Corner lot: 'Corner lot" is a lot within a plat situated at the corner of a block thereof so that it is bounded on two (2) sides by streets. This term applies to any lot within a plat at street intersections and bounded on two (2) sides by streets. Director of Community Development: Means the Director of Community Develop - ment of Maplewood, Minnesota. Director of Public Works: Means the Director of Public Works of Maplewood, Minnesota. Design standards: "Design standards" are the specifications to landowners or subdividers for the preparation of preliminary plans indicating, among other things, the optimum, minimum or maximum dimensions of such features as rights -of -way and blocks, as set forth in section 1008 of this chapter. Double- frontage lots: A lot which fronts on two or more streets. Easement: An "easement" is a grant by a property owner for the use of a strip f land by the general public, a corporation or certainn persons for specific purposes. Final plat: A "final plat" is a map or plan of a subdivision and any accom- panying material, as described in section 1007 of this chapter. Frontage: "Frontage" is the width of a lot or building site measured on the line separating it from a public street or way. Lot: "Lot" is a portion of a subdivision or other parcel of land intended for building development or for transfer of ownership. Natural waterway: A "natural waterway" shall mean any natural passageway in the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also means any and all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another. 35 - 12/17 Official control or controls means ordinances and regulations which control the physical development of the City or any part thereof or any detail there - of and implement the general objectives of the Comprehensive Plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Outlot: An "outlot" is any parcel of land designated as an outlot on any plat in the City. Owner: The term "owner" means a person having a vested interest in the pro - perty in question, a purchaser, devisee, or fiduciary, and includes his duly authorized agent or attorney -in -fact. Pedestrian way: A "pedestrian way" is a public or private right -of -way across a block, or providing access within a block, to be used by pedestrians and for the installation of utility lines. Planning Commission:. "Planning Commission" means the Planning Commission of the City of Maplewood, Minnesota. Plat means the drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes, Chapter 505 and containing all elements and requirements set forth in applicable city regulations, adopted pursuant to Minnesota Statutes, Section 462.358 and Chapter 505. Preliminary approval means official action taken by the City on an application to create a subdivision which establishes the rights and obligations set forth in Minnesota Statutes, Section 462.358 and the applicable subdivision regulation. In accordance with Section 462.358 , preliminary approval may be granted only following review and approval of a preliminary plat and other map or drawing establishing, without limitation, the number, layout, and location of lots, tracts, blocks and parcels to be created, location of streets, roads, utilities and facilities, park and drainage facilities, and lands to be dedicated for public use. Preliminary plan or preliminary plat: A "preliminary plan" or "preliminary plat" is a tentative map or plan of a proposed subdivision as described in Section 1005 of this chapter. Reserve strips: "Reserve strips" are strips of land usually withheld from the street right -of -way to form a barrier between certain property and the public street or thoroughfare. Right- of -way: A "right -of -way" is the land covered by a public road, or other land dedicated for public use or for certain private use, such as land over which a power line passes. Street: A "street" is a public or private right -of -way which affords primary access by pedestrians and vehicles to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane or however otherwise designated. Street width: "Street width" is the shortest distance between the lines of lots delineating the street. 36 - 12/17 Subdivision means the separation of an area, parcel or tract of land under single ownership into two (2) or more parcels, tracts, lots or Tong -term leasehold interests where the creation of the lease -hold interest necessitates the creation of streets, roads or. alleys for residential, commercial, industrial or other use or any combination thereof, except those separations: 1) Where all the resulting parcels, tracts, lots or interests will be twenty 20) acres or larger in size and five hundred (500) feet in width for residential uses and five (5) acres or larger in size for commercial and inductrial uses; 2) Creating cemetery lots; 3) Resulting from court orders., or the adjustment of a lot line by the relocation of a common boundary. Subdivision regulation means an ordinance adopted pursuant to Minnesota Statutes, Section 462,358 regulating the subdivision of land. Thoroughfare: A "thoroughfare" is a public right -of -way with a high degree of-traffic continuity and serving as an arterial trafficway between the i various districts of the city. Topography: "Topography" is the detailed description of the features of a relatively small area and also means the relief features or surface con- figuration of an area. J. Zoning: "Zoning" is the reservation of certain specified areas within the city for buildings and structures for certain purposes, with other limit- ations such as height, lot coverage and other stipulated requirements. Code 1965. Section 1002.010; Ord. No. 482, section 1, 2- 21 -80) 1003. CONFORMANCE WITH EXISTING CODES AND REGULATIONS a) The provisions of this chapter are in addition to and not in replacement of the state building code and the city zoning ordinance. Any provisions of the building code and zoning ordinance relating to platting shall remain in full force and effect, except as they may be contradictory to the provisions hereof. b) Subdivisions, approved by the city, shall be consistent with the city's official controls and Comprehensive Plan. (Code 1965, section 1003.010) 1004. APPLICABILITY. a) No conveyance of land to which the subdivision regulations ar applicable shall be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after such regulations become effective. The foregoing provision does not apply to a conveyance if the land described: 1) Was a separate parcel of record April 1, 1945 or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later; or 2) Was the subject of a written agreement to convey entered into prior to such time; or 37 - 12/17 3) Was a separate parcel of not less than two and one -half (2 1/2) acres in area and one hundred fifty (150) feet in width .on January 1, 1966; or 4) Was a separate parcel of not less than .five (5) acres in area and three hundred (300) feet in width on July 1, 1980; or 5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels,.any one of which is less than five acres in area or 300 feet in width, or 6) Is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five hundred 500) feet and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, any one of which is less than twenty (20) acres in area or five hundred (500) feet in width. b) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this chapter, the City Council may waive such compliance by adoption of a resulution to that effect and the conveyance may then be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this chapter shall forfeit and pay to the city a penalty of not less than one hundred dollars 100.00) for each lot or parcel so conveyed. The city may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 1005. PRELIMINARY PLAT PROCEDURE. a) Before dividing any tract of land into four (4) or more lots, a sub- divider shall submit a preliminary plat application to the Director of Community Development. The Director of Community Development shall determine the necessary application requirements and state them on a written form to be made available to the public at his office. b) Upon submission of a preliminary plat for approval by the City Council, the owner or developer shall be required to pay a fee to defray the expenses incurred by the city in having the plat reviewed in all particulars. The amount of fee to be paid for such review shall be imposed, set, established and fixed by the City Council, by resulution, from time to time, and shall be paid by the owner or developer to the Director of Community Development before the city actually undertakes consideration of the preliminary plat. c) The Director of Community. Development shall deliver to the City Treasurer for deposit any moneys received as fees herein required with each pre- liminary plan. The Treasurer shall credit same to the general fund of the city. All moneys so received shall be used to defray the expenses of processing the application. The Director of Community Development shall prepare a report and recommendation. This report shall then be forwarded to the Planning Commission. The Planning Commission shall forward a recommendation to the City Council. The City Council shall hold a public hearing on the application. The hearing shall be held following 38 - 12/17 publication of notice of the time and place thereof in the official news - paper at least ten (10) days before the day of the hearing. The applicant, pro - P erty owner, and all other property owners within three hundred and fifty (350) feet of'the property to be subdivided shall be notified by mail at least ten (10) days before the day of the hearing. A subdivision application shall be preliminarily approved or disapproved within one hundred twenty 120) days following delivery of an application completed in compliance with the city ordinance by the applicant to the city, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the city do not apply is pre - sented to the city, the City Clerk shall within ten (10) days certify that the subdivision regulations of the city do not apply to the particular division. If the city fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the city shall execute a certificate to that effect. approval the (d) Following preliminary app applicant may request final approval by Ythecity, and upon such request the city shall certify final approval within sixty (60) days if the applicant has complied with all conditions requirementsuirements of applicable regulations and all conditions and require - i- q ments upon which the preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements assurin g performance. If the city fails to certify final approval as so required, and if the applicant has complied with all conditions a qandrequirements, the application shall be deemed finally approved and upon demand the city shall execute a certificate to that effect. After final approval a subdivision may be filed or recorded. e) For one year following preliminary approval and for two (2) years follow- in g final approval, unless the subdivider and the city agree otherwise, no amendment to a Comprehensive Plan or official control shall apply to or affect the use, development density, lot size, lot layout or dedication or P latting required or permitted by the approved application. Thereafter P ursuant to its regulations, the city may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may* require submission of a new application, unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a sub divsion involving planned and staged development, the city may by resolution and agreement grant the rights referred to herein for such P eriods of time longer than two (2) years which it determines to be reasonable and appropriate. f) A p erson conveying a new parcel of land which, or the plat for which, Y has not P reviously been filed or recorded, and which is part of or would constitute a subdivision to which adopted city subdivision reg- ulations apply, shall attach to the instrument of conveyance either: 1) recordable certification by the City Clerk that the subdivision regulations do not apply, or that the subdivision has been approved by ytheCity Council, or that the restrictions on the division of taxes and filin g and recording have been waived by resolution of the City Council because compliance will create an unnecessary hardship and failure to comply will not interfere with the purpose of the regulations; or (2) a statement which names and identifies the location of the approp- 3 9 - 1 Z. . I riate city offices and advises the grantee that city subdivision and zoning regulations may restrict the use or restrict or prohibit the development of the parcel, or construction on it, and that division of taxes and the filing or recording of the conveyance ma be prohibited without prior recordable certification of approval, nonapplicability, or waiver from the city. In any action commenced by a buyer of such a parcel against the seller thereof, the misrepresentation of or the failure to disclose material facts in-,accordance with this subdivision shall be grounds for damages. If the buyer may in its descretion also award to the buyer an amount sufficient to pay all or any part of the cost incurred in maintaining the action, including reasonable attorney fees, and an amount for punitive damages not exceeding five (5) percent of the purchase price of the land. 1006. QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT. a) The Planning Commission may recommend and the City Council may require such changes or revisions of a preliminary plan submitted under this chapter as deemed necessary for the health, safety, general welfare and convenience of the city. b) The approval of a preliminary plat by the Planning Commission and the City Council under this chapter is tentative only, involving merely the general acceptability of the layout as submitted. c) Before any preliminary plan is approved by the City Council under this chapter, the information furnished with said plan must show conclusively that the area proposed to be subdivided is drainable and that the land is of such nature to make its intended use practi cal and feasible. If these features are not apparent, the owner shall be required to enter into agreement guaranteeing that all adverse conditions will be corrected and that drainage will be accomplished in a satisfactory manner. The final decision in this matter shall be made by the City Council acting upon the advice and recommendation of its engineer and other authorized representative. d) The City Council may condition its approval on the construction and install - ation of fully operational sewers, streets, electric, gas, drainage, and water facilities, and similar utilities and improvements or, in lieu thereof, on the receipt by the city of a cash deposit, certified check, or irrevocable letter of credit in an amount and with surety and conditions sufficient to assure the city that the utilities and improvements will be constructed or installed according to the specifications of the city. The City Council may condition its approval on compliance with other requirements reasonably related to the provisions of these regulations and to execute development contracts embodying the terms and conditions of approval. The city may enforce such agreements and conditions by appropriate legal and equitable remedies. e) The City Council may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserve for public use as streets, roads, sewers, electric, gas and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improvements. f) The city may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as parks, playgrounds, trails or open space; provided that: 40 - 12/17 1 The city ma choose to accept an amount in cash from the applicant for part or all of the portion required to be dedicated to such public uses or purposes based on the city's park availability charge; P P . 2 ) An cash payments received shall be placed in a special fund by the Y P cit y used only for the purposes for which the money was obtained; 3) In establishing the reasonable portion to be dedicated, the City Council may consider the open space, park, recreational or common areas and facilities which the applicant proposes to reserve for the subdivision; and The cit y4 reasonably determines that it will need to acquire that portion of land for the purposes stated in this subsection as a result of the approval of the subdivision (Code 1965, section 1004.020) 5) Within the legal boundaries of the City's designated Critical Area the Cit y Council may require dedication for public open space or scenic easement, blufflands which are 18 percent or greater in slope and which are in direct drainage to the Mississippi River Bluffs or Fish Creek. The Cit y Council may release the developer in part or in total from a P ark dedication fee in lieu of the value of the above dedicated blufflands. (Amended from Ord. 503, 5- 21 -81) 1007. :NECESSARY DATA FOR FINAL PLAT. The final at required by this chapter shall be prepared by a registered land P q surveyor and shall conform to.all state and county requirements and the provisions of this section. All information required on the final plat application provided by the Director of Community Development shall be shown on the final plat (Code 1965, Section 1004.050).. 10089 MINIMUM SUBDIVISION DESIGN STANDARDS. t_ vi ion under this chapter (a) A .proposed subdivision ter shall meet the minimum subdivision i s P design standards set forth in this section. b) Streets: g1) Street Plan. The arrangement, character, extent, width, and location of all streets shall conform to standards for street construction on file in the office of the Director of Public Works, including relation to existin g and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of storm water, to public con- venience and safety land in their appropriate relation to the proposed uses of the area to be served. No full -width street shall be less than sixty (60) feet wide. 2)Half -width streets. The use of half -width streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and the overall P lan fo the neighborhood in which the plat is situated. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. 41 - 12/17 3)Cul -de -sacs. Cul -de- sacs, when used, shall be held to as short a dis- tance as possible between the origin or main street and the end of the cul -de -sac. In no case shall cul -de -sacs exceed 1000 feet in length, unless no other alternative is possible. Each cul -de -sac shall have a terminus of nearly circular shape with a minimum diameter of one hundred (100) feet. 4) Rese p .rve strips. Privately-owned reserve strips controlling accessY to streets are prohibited. Publicly -owned reserve strips may be required by the City Council, where necessary to assure equitable payment or streets. c) Blocks: 1 ) Length. The length of any block in a subdivision shall be no more g g than one thousand three hundred twenty (1,320) feet. 2 Cross -walks and alleys. The use of cross -walks through any block or the placing of alleys in any block is to be permitted only when absolutely necessary in the opinion of the City Council. d) Alleys and pedestrian ways: 1) Alleys. Where permitted by the City Council, alleys shall be atleast twenty (20) feet wide in residential areas and atleast twenty -four (24) feet wide in commercial areas. The City Council may require alleys in commercial areas where adequate off- street loading space is not available. 2) Pedestrian ways. Pedestrian ways, where permitted, shall be atleast fifteen (15) feet wide. e) Easements: 1) Utility easements: Easements, at least twelve (12) feet wide, centered on rear lot lines, shall be provided for utilities, where necessary. They shall have continuity of alignment from block to block, and at deflection points, easements for pole -line anchors shall be provided. 2 ) Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm - water easement or drainage right -of -way conforming substantially with the lines of such watercourses, together with such further width or construction, or both, as will be adequate for the storm - water drianage of the area. The persons making, proposing and submitting such plat shall present figures and data to indicate whether and to what extent storm -water runoff will be increased in rate and volume by reason of improvement of the lands lying within the plat, whether improvment is to take place immediately or at some future date, and, if on the basis of such data it appears that rate or volume will be substantially increased, the persons proposing and making such plat shall produce and supply whatever agreements are necessary in the opinion of the City Engineer and the City Attorney to authorize such increased flow onto adjoining private lands. 42 - 12/17 f) Lots: 1) Single - family generally. The minimum lot dimensions in subdivisions designated for single - family detached dwelling developments shall be: a. Seventy -five (75) feet wide at the established building setback line and on outside street curvatures; b. Not less than sixty (60) feet at the front lot line, except that lots located along the outside curves of curvilinear streets or on the bulbs of cul -de -sacs shall be no less than forth (40) feet in width at the front lot line. C* Not less than ten thousand (10,000) square feet in area; and d. Not less than seven thousand five hundred (7,500) square feet in area if designated as Rm, Medium Density Residential on the citlanduseplan. 2) Single family corner The minimum corner lot dimensions for single-gfamilydetacheddwellingdevelopmentswherepermittedunderthezoninggordinanceshallbe: i a. One hundred (100) feet wide at the estiblished building setback line; Wo. b. Not less than one hundred (100) feet in depth; and c. Not less than ten thousand (10,000) square feet in area. 3) Rear lot lines. The minimum dimensions at the rear lot line of anlotshallbethirty (30) feet. 4) Location. All lots shall abut on a publicly dedicated and maintained street. 5) Side lot lines. Side lines of lots shall be substantially at right angles or radial to the street line. 6) Double- frontage lots. Double- frontage lots shall not be P ermitted except where topographic or other conditions render subdividing other - wise unreasonable. Such double- frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for a protect-ive plant- screen along the back lot line. 7) Watercourses. Lots abutting upon a watercourse drainage way, g y, or stream shall have additional depth or width, as required, to assure house sites that are not subject to flooding. Minimum lot areas shall not include drainage easements. 8) Natural or historic resources. In the subdividing of any land, due regard shallbe shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions, which if preservedwilladdattractivenessandvaluetotheproposeddevelopment. The City Council may require the clustering of lots, such as with a PUD, to preserve natural features. 9) Double dwellings. The minimum lot dimensions on parcels designatedfordoubledwellingsshallbe: 43 - 12/17 a. Eighty -five (85) feet wide at the established buildin setbackandg line; b. Twelve thousand (12 square feet in area. 10) Setback lines. A setback line shall be shown on each lot in every subdivision recorded for property in the city. This line shall be at least thirty (30) feet from the property line and shall be contin- uous within each entire block. 11) Outlots. No building permit will be issued any lot designated as an outlot upon any pl use permit pursuant to article V of Chapter 1965, sections 1005.010, 1005- 020 1006.00 No. 442A section 1, 5- 18 -78, Ordinance 472, inance No. 481, section 1, 2- 21 -80) 1009, SOIL TESTS9 for construction upon at, except by special 36 of t h i s Code. ( Code 1006.090; Ordinance section 1, 7 -5 -79; Ord- The City Council may require soil tests prior to the final approval of any plat. These soil tests shall consist of test holes to a depth necessary to determine the various types of soil to be encountered before reaching a stable base. Such test holes, when ordered by the city authorities, shall be drilled at the expense of the owner or developer. The information disclosed shall be furnished to the City Council, together with a copy of the proposed plat showing the location of each test hole. The information required by the City Council shall include a report as to the various types of soil encountered and their depths, the level of the groundwater, a seepage test and may include additional information. The number of test holes to be drilled, and their location on the property which is proposed to be platted will be as directed by the City Council or its authorized representative. In questionable cases, the owner shall be required to furnish to the City Council a report from a recognized engineering laboratory as to the safety and practicability of the use of the area for building construction. ( Code 1965, section 1004.060). 1010. RESIDENTIAL ZONING UNLESS OTHERWISE SPECIFICALLY REQUESTED. Unless a specific request is received with the final plat for the zoning of the property or parts of the property therein into other classifications described in the zoning ordinance of the city, the City Council shall immediately, upon the recording of such plat, proceed to rezone all the property in the platted area as R -1 Residence District (Single Dwelling) property. It is further provided that requirements for altering zoning classifications, as provided in the zoning code of the City, is hereby waived with respect to such recently platted area. Code 1965, section 1004.070) . 1011. VARIATIONS AND EXCEPTIONS. The Planning Commission may recommend variations from the requirements of this chapter in specific cases which, in its opinion, do not affect the general plan or the intent of this chapter. Such recommendations shall be communicated to the Council in writing, sustantiating the recommended variations. The Council may approve variations from the requirements of this chapter in specific cases which, in its opinion, do not adversely affect the plan and spirit of this chapter Code 1965, section 1008.010) 44 - 12/17 1012. IMPROVEMENTS - GENERAL'LY. a The minimum necessary required land improvements within the dedicated street rights -of -way in new final plats shall include: 1) Sanitary sewer facilities 2) Public water facilities 3) Storm sewer facilities 4) Street, curb and gutter 5) Street luminaries 6) Boulevard turf establishment 7) Street tree installation 8) Street identification and traffic control signs b) All utilities shall be provided underground. c) Water and sanitary ewer lines must be connected to the municipal y system. In the absence of city water and sanitary sewer lines servicing the applicant's property, the applicant may make special provisions with the city to extend such lines from existing mains. d) No final plat shall be approved by the City Council without first ceivin r signed by the City Engineer certifying that the receiving a re P improvementsvements and construction of the land anal streets, together with all other necessary facilities in the plat have been completed or satisfactorilyatisfactoril arranged for in accordance with provisions of the city regulations for land improvement and construction. Before a final is approved b the City Council, the owner and subdivider of plat pp y ed b sai shall execute and submit to the City the land cover y Counc1 an agreement, which shall be binding on his heirs, personal ves and ass ns, stipulating that he will not cause private representat g construction to be made on any lots in said plat, or file, or cause to be filed, any applications for building permits for such construction on such lots until all improvements required under the city regulations for street construction have been made, or arranged for, in the manner provided herein and in chapter 29 of this Code. (Code 1965, section 1007.020). 1013. SAM - COMPLIANCE PREREQUISITE FOR ISSUANCE OF BUILDING PERMITS. No build permitermit shall be issued for the construction of any building, structure or improvement to the land or any lot within a subdivision which has b een a roved for platting, until all requirements of this chapter PP and all provisions of this Code for s treet construction and land improve - ments have be pencorn lied with in full. (Code 1965, section 100 7 030 ) 1014. LOT DIVISIONS. a) For the purposes of this section, a lot division is defined as the division of a tract of land into two (2) or three (3) lots. 45 - 12/17 Yb) The Director of Community Development may approve or cause to be modified plans for a lot division. The Director must first determine, however, that t p Yheplansmeetallcity ordinances and policies, and that the proposal would not have an adverse impact on the subject property or surrounding properties.If the Director makes a negative determination and the appli- cant wishes to appeal the decision, the case shall be sent to the City Council for action. (Ordinance No. 459, section 1004.090, 2- 1 -79). 1015. LOT SPLITS FOR DOUBLE BUNGALOWS. a) If the conditions of this section are met, a lot occupied by a double bu n g may be split along the party wall to allow for individual owner - y P shiphi of each unit. The newly created lots shall each, therefore, be exempt from the minimum lot width and area requirements of this Code, but a minimum combined area of twelve thousand (12 square feet shall still be re- quired for the resulting lots. gb) All of the following conditions must be met before a lot split described in subsection (a) of this section may be approved: C ) 1 The property and structure must be able to be easily split into two P P 2) substantially equal sections. 2) The structure must meet current building code standards for fire wall Are- s This may be added to an existing unit. 3) Separate utility services must be provided. 4) Deed restrictions shall be recorded with the property requiring that the structure shall have a uniform exterior appearance in terms of color, design and maintenance. 5) Deed restrictions shall be recorded with the property that if one unit is burned or destroyed, it shall be reconstructed in a uniform appearance, nd if both units are burned or destroyed, minimum lot widths shallall then revailfor a single- dwelling home. A double dwelling may be rebuilt meeting the original conditions of this section. 6) Any disputes shall be submitted to binding arbitration according to the rules of the Minnesota arbitration association. A7 other conditions shall be imposed that City deems necessary to assure compatibility with surrounding structures or to assure a reason - ble property. division of (Ordinance No. 442A, Subdivision 1, 5- 18 -78) Seconded b Councilman Anderson. Ayes - all. Y 2. Minimum Dwelling Floor Area - Second Reading a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: 46 - 12/17 ORDINANCE N0, 508 AN ORDINANCE AMENDING CHAPTER 904 OF THE MAPLEWOOD MUNICIPAL CODE RELATING TO MINIMUM DWELLING FLOOR AREA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 904.010 (6) (1) is hereby amended to read as follows: 904..010 (6) (1) One -story dwellings, 950 square feet. Section 29 This ordinance shall take effect and be in force from and after its passage and publication as provided by law. Seconded b y Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and-Nelson Nays - Councilman Bastian. 3. Ordinance to Increase Sewer Rates - Second Reading a. Manager Evans presented the staff report. b. Councilman Anderson introduced the followin ordinance and moved its adoption: ORDINANCE N0. 509 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO SEWER SERVICE CHARGES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 206.141 is hereby amended to read as follows: 206.141. RATES. The following rates and charges are hereby established for all sanitary sewer services furnished by and in the City of Maplewood: 1) The quarterly residential rates shall be: Single - Family Dwelling $26.20 Townshouse $26.20 Duplex $52940 Apartment $20.95 Condominium $20.95 Mobile Home $20.95 Senior Citizen Unit: 1982 Rate $17.35 1983 Rate Same rate as a Single - Family Dwelling 47 - 12/17 2) Non - residential rates shall be as follows: Class A $.99 per 1,000 gallons Class B $1.31 per 1,000 gallons Class A customers are defined as those that maintain private sewer system lines on a site of at least 200 acres. Class B customers are defined as all other non - residential customers. Non- residential sewer service charges shall be a minimum of 5.80 quarterly per sewer service connection. 3) The senior citizen rate shall be billed only to those that meet all the following conditions: a) Must be residential property occupied by no more than two persons; b) One of the occupants must be the owner and billed directly by the City of Maplewood; c) One of the occupants must be at least 65 years of age or older; d) If occupied by two persons, the second occupant must be at least 62 years of age or older; e) Annually after November lst and before December 15th, one of the occupants must file an affidavit with the City Clerk stating that all of the conditions required in this ordinance are applicable to his or her residence. In the case of rental property, the senior citizen shall submit proof. that he or she is responsible for payment of the sewer service charge. Affidavits accepted and approved by the City Clerk at a time other than that specified above, shall entitle the resident to the senior citizen rate for each full quarter remaining in the year not including the quarter during which the affidavit is filed. 4) The rate for properties used jointly for residential and commer- cial purposes that are not metered separately shall be billed at non- residential rates. 5) In respect to property hich shall be corm •Y connected with the Citysewersystemforthedischargeanddisposalofotherresidential,commercial or industrial sewage waste, or any waste unusual in either character or amount, then in addition to all applicablechargeshereunder, the City Council reserves the right to imposesuchsupplementalsewageratechargeassaidCityCouncilshalldetermineasreasonableandwarrantedonthebasisofall relevant factors. Section 2. This ordinance shall take effect and be in force beginning January 1 19820 g g y ' Seconded by Mayor Greavu. Ayes - all. 4. Towing Ordinance Amendment - Second Reading a. Manager Evans presented the staff report. 48 - 12/17 b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 510 ORDINANCE AMENDING CHAPTER 406 OF THE MUNICIPAL CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 406.120 is hereby amended to read as follows: 11406.120 (a) SALE OF ABANDONED VEHICLE. If, at the expiration of thirty 30) days after mailing or publishing the notice provided for in Section 406.020 such vehicle is not redeemed by the owner of his agent, the vehicle is declared to be abandoned, and the pound keeper shall take custody of said vehicle and dispose of it as he feels is most expeditious. All monies he may recoup from the sale or disposition of said vehicle shall become his, and the City will have no financial involvement nor shall it pay any fee to the pound keeper for the disposal of the said abondoned vehicle. The exception to this shall be when the value of the vehicle to be sold exceeds $500 as documented by the City of Maplewood, at which time all proceeds in excess of $500 shall be turned over to the City of Maplewood. Section 2. This ordinance shall take effect and be in force from and after its passage and publication as provided by law. Seconded by Councilman Bastian., Ayes - all. 5. Alarm Ordinance - Renewal a. Manager Evans presented the staff.report. b. Councilperson Juker moved to renew and keep in force the Alarm Ordinance and that a fee of $25.00 is established for annual alarm system license. Seconded by Councilman Bastian. Ayes - all. I. VISITOR PRESENTATION None. J. NEW BUSINESS 1. Special Exception: Maplewood Drive - Twin City Obstetrics and Gynecology a. Manager Evans presented the staff report. b. Commissioner Duane Prew presented the following Planning Commission recom- mendation: Commissioner Sletten moved the Planning Commission recommend to the City Council approval of the special exception for the Maplewood Medical Clinic on the basis that: 1. This use will not interfere with the proper development of the M -1 zoning district. 49 - 12/17 2. This use is consistent with the Land Use Plan. Commissioner Fischer seconded. Ayes - all. c. Dr. Jerome Sc , PPherer, one of the applicants, spoke on behalf of the proposal. pd.Council person Juker moved to approve the s ecial exception to construct a medical clinic in an M--1 Light Manufacturing District located on the east side of Maplewood Drive between Kohlman Avenue and East County Road C (to be known as Twin City Obstetrics and Gynecolo y). Seconded by Councilman Anderson. Ayes - all. 2. Plan Amendment: Maplewood Drive and Beam Avenue a. Manager Evans presented the staff report. b. Comm PCommissionerDuanePrew resented the following Planning Commission recom- mendation: Commissioner Prew moved the Planning Commission amend the Comprehensive Plan Update as follows: I. Designate a major collector street through the LSC area, connecting Beam Avenue and County Road D. Redesignate the existing major collector to the west as a minor collector. II. Change, the LSC and RL designation east of the collector and north of the power line to BW. III. Change the LS C designation west of the collector and north to the power lines to Rm IV. Change the RL and LSC north of the power lines to Rm, except for the veterin- ary clinic. These amendments are made with the intent the location of the north -south collector is conceptual and may not necessarily divide the Rm and BW land used Commissioner Kishel seconded. Ayes all." s. Mayor Greavu asked if anyone in the audience wished to be heard. The follow- ing expressed their opinions and asked questions: Mr. Frank Machus, 2989 Beam Avenue; Mr. Gerald Mogren, 2855 Frederick Street; Mr. Harvey Zuercher, 2911 Maplewood Drive. Councilrerson Juker moved to extend the a enda past the meeting deadline. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Anderson and Nelson and Councilperson Juker. Nays - Councilman Bastian. d. Councilman Anderson moved to table this item to a later date for further staff review. 50 - 12/17 Seconded by Councilman Nelson. Ayes - all. 3. Sterling Street: Street and Storm Sewer Improvement a. Manager Evans presented the staff report. b. Director of Public Works Ken Haider presented the specifics of the proposale yC.M Greavu introduced the following resolution and moved its adoption: 81 - 12 - 250 proposedWHEREAS, roitis to improve Holloway Avenue from North St. Paul Road to c entur y Avenue and Sterling Street from Larpenteur Avenue to Holloway Avenue by reconstruction of the roadway, installation of storm sewer and utility appur- tenancesces and to assess the benefited property for all or a portion of the cost off the improvement, pursuant to Minnesota Statutes, chapter 429; NO W THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, i osed improvement be referred to the City Engineer far study and that the prop that he is i reportinstructedtoreort to the Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible, Y and as to whether- it should best be made as proposed or in connection with some other imp ,rovement and the estimated cost of the improvement as recommended. BE IT FURTHER RESOLVED that the cost of the aforesaid work be shared with the city of North St. Paul and that the Maplewood Mayor, City Manager and City Clerk be directed to enter into a joint powers agreement for the cost sharing. Seconded by Councilman Bastian. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 12 - 251 WHEREAS, the City Co PCouncilofMaplewood, Minnesota deems it necessary and advisable that the following change be made in the designation of Municipal is under the provisions of Minnesota Laws of 1967, Chapter 162; State Aid Streets P LVED b the CityNOW, THEREFORE, BE IT RESO , y Y Council of the City of Maplewood that the road described as Holloway Avenue from North St. Paul Road to Century Avenue be,and hereby is established, located, and designated a Municipal State JAidStreetofsaidCity, subject to the approval of the Commissioner of Highways for the State of Minnesota. that the Clerk is hereby authorized and directed BE IT FURTHER RESOLVED, to forward two certified copies of this resolution to the Commissioner of Highways for his consideration. Seconded by Councilman Bastian. Ayes - all. r Greavu moved to approve an a reement for the cost sharin of the e. Mayo -Pau 1 and recommended feasibility report. The agreement is between North St. Maplewood and cost is estimated at $6 to $8,500 for each community's share. Seconded b Councilman Bastian. Ayes - all. 51 - 12/17 4. H.R.A. Resignation a. Manager Evans presented the staff report. b. Councilman Anderson introduced the followin resolution and moved its adoption: 81 12 - 252 WHEREAS, Fran Juker became a charter member of the Housing and Redevelopment Authority of Maplewood, Minnesota in April of 1975 and has served faithfully in that capacity to the present time; and WHEREAS, she has freely given of her time and energy without compensation, for the betterment of the City of Maplewood; and WHEREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership and effort in'many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maple - wood, Minnesota, and the citizens of the City that Fran Juker is hereby extended our heartfelt gratitude and appreciation for her dedicated service and we wish her continued success in the future. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian. K. COUNCIL PRESENTATIONS 1. Meeting with Planning Commission - Re: Downtown Maplewood a. Councilman Anderson requested a meeting with the Planning Commission be established to promote a "Downtown Maplewood ". b. No action taken. 2. County Road C a. Councilman Anderson stated Hal Norgard had talked to him about installing sidewalks all along County Road C. North St. Paul is interested in proceeding with their portion. b. Councilman Bastian moved that the staff draft a resolution informing Nort St. Paul of Maplewood's intention to proceed. Seconded by Councilman Anderson. Ayes - all. 3. Lyle Erickson - Appointment - Cable TV a. Councilman Anderson moved to appoint Lyle. Erickson as an alternate member of the Cable TV Commission. Seconded by Councilman Bastian. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. 52 — 12/17 M. AD 11:47 P.M. City Clerk 53 — 12/17 i MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, January 7, 1982 Council Chambers, Municipal Building Meeting No. 82 -1 Ae CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:05 P.M. by Mayor Greavu, B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Absent Earl L. Nelson, Councilman Present Co APPROVAL OF MINUTES 1. Minutes of Meeting No. 81 -26 (October 8, 1981) Councilman Nelson moved that the Minutes o Mee No. 81 -26 (Octo 8, 1981) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. 2. Minutes of Meeting No. 81 -27 (October 15, 1981) Councilman Nelson moved that the Minutes of Meeting No. 81 -27 (October 15, 1981) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. 3 Minutes of Meeting No. 81 -28 (November 5, 1981) Councilman Anderson moved that the Minutes of Meeting No. 81 -28 (November 5, 1981) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. 4. Minutes of Meeting No. 81 -28A (November 12, 1981) Councilman Anderson moved that the Minutes of Meeting No. 81 -28A (November 12, 1981) be approved as submitted Seconded by Councilman Nelson. Ayes - all. 5. Minutes of Meeting No. 81 -29 (November 19, 1981) Councilman Nelson moved that the minutes of Meeting No. 81 -29 (November 19, 1981) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. 1 1/7 tl Councilman Nelson relinquished his seat to the new Council Member, INSTALLATION OF MAYOR AND COUNCIL MEMBERS Mayor John C. Greavu, Councilperson MaryLee Maida, Councilman Norman G. Anderson received their respective oaths of office and were seated. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 11 Restructuring as stated in Minutes of October 8, 1981 2. Resolution - Myrtle and Larpenteur 3. Reconsideration - Shoreland Ordinance 4. Meetings - Manager and Council 5. Snow Shoveling 6. Sidewalks 7. Resolution for St. Johns 8. Code of Ethics 9. Water - Northeast Area 10. League Conference Holiday-Inn - January 27, 1982 11. AMM Board Vacancy. Seconded by Councilman Anderson. Ayes - all. E. CONSENT AGENDA Mayor Greavu moved, seconded by Councilman Anderson, Ayes all, to apporve the Consent Agenda Items 1 through 14 as recommended: 10 Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check No. 006626 through Check No. 006703 - $203,852.66; Check No. 012066 through Check No. 012216 - 149,148.96: Part II - Payroll - Check No. 02365 through Check No. 02494 - $66,168.78; Check No. 03611 through Check No. 03732 - $50,411.24) in the amount of $469,581.64. 2. Special Use Permit: N.E. Metro Alano Society Approved reviewing the special use permit for the Maplewood Alcoholics Anonymous Club Alanon Club and Alatun Club at 1955 Prosperity Road for three years. 3. Home Occupation Renewal: 1300 So. McKnight Road Approved the special exception home occupation permit at. 1300 So. McKnight Road for three years for Mr. Eugene C. Anderson's hand tool operating service based on the criteria for home occupations prepared by the Planning Commission.' 4. Final Plat: Chesterwood Two Approved the Chesterwood Two final plat for fifteen detached single dwelling lots, subject to all original conditions being met. 5. 198.2 Fee Schedule: Park Facilities Approved the 1982 Fee Schedule for Reservation of Park Facilities as presented. 2 - 1/7 a 1; e 6. Budget Changes: Sewer Fund P Revised the sewer fund's 1982 budget as follows: a) the budget for account 701- 000 -3651, sewer service charge revenue, be decreased to $1,665,270 b) the budget for account 701 -508 -4510, sewage treatment expense, be decreased to $1,124,450. 7 Interfund Transfers: Unassessed Utility Improvements Approved the transfers from the Water Availability Charge Fund, Hydrant Charge Fund and the Sewer Fund.to the Special Assessment Fund as follows: From To Special Assessment Fund 81 W.A.C. Fund 1973 Bonds ( #513) 719700 Hydrant Fund 1977 Bonds ( #520) 6,010 Hydrant Fund 1979 Bonds 4522) 5222SewerFund1979Bonds (# ) 161 Total 8. Designation of Official Depositories Resolution No. 82 -1 -1 BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: American National Bank Eastern Heights State Bank F & M Savings Bank First Federal Savings and Loan First National Bank of St. Paul First State Bank of St. Paul Hennepin Federal Savings & Loan Hillcrest MidAmerica Bank Maplewood State Bank Marquette National Bank Midwest Federal Savings and Loan Minnesota Federal Savings and Loan Northern Federal Savings and Loan Northwestern National Bank of'Minneapolis Northwestern National Bank of St. Paul Twin City Federal Savings and Loan Be it further resolved, that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. or F.S.L.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security; and BE FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other official depository of the City by the request of the City Treasurer or Finance Director; and BE IT FURTHER RESOLVED, that these depository designations are effective until changed. 3 - 1/7 9. Easement Payment approved - Beam Avenue Approve the payment of $2 for permanent and temporary easements to Mr. Dowdres and Zuercher for Project No. 78 -24, 10. Budget Transfer: Data Processing Authorized transfer of $2,680 from the General Fund Contingency Account to the Fees for Services in the Finance Department Budget, 11. Budget Transfer: Public Works Approved two half time part time positions be combined into one full time P osition to be shared by Public Works and Community Development and the budget transfers as follows: 101- 701 -4010 + $6 101 -701 -4020 - $6 101 -701 -4040 + $ 575 101 -501 -4010 + $6 101 -501 4020 - $5,740 101 --501 -4040 + $ 575 Contingency fund - $1 12. Final Payment Resolution No. 82 -1 -2 WHEREAS, the City Council of Maplewood, Minnesota find that Clark Landscaping,Inc. has successfully completed the contract for Removal of Diseased Shade Trees, Maplewood Project No. 81 -6; NOW, THEREFORE, BE IT RESOLVED that final payment in the amount of $3001.07 is hereby approved. 13. Budget Transfer: Public,Works - Street Lighting Authorize a budget transfer in the amount of $3,495.00 from the Non - departmental Revenue Sharing Contingency Fund 203 - 161 -4910 to Street Lighting Maintenance Fund 203- 135 -4640 to cover the'heavy.maintenance costs. 14. In -House Engineering Charges Adopted a policy to charge in house engineering charges on the basis of actual time worked times the actual salary cost, not including employee benefits, times a multiplierof2.5. F. PUBLIC HEARIN 1. Street Vacation: Tierney Avenue 7:00 P.M. a. Mayor Greavu convened the meeting for the public hearing regarding the request of David Kolebar to vacate Tierney Avenue from McKnight Road to Lakewood Drive. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report with the following recommendation: 4 - 1/7 I. Approve the enclosed resolution authorizing the vacation of the TierneAvenueright -of -way between Myrtle Street and Lakewood Drive, subject to the retention of a permanent utility and bike /walkway easement over, under,through, and across the north 36 feet of the vacated right -of -way. Approval is made on the basis that: 1. The right -of -way will not be developed as a street. 2. Retention of a right -of -way is in excess of the ublic need unnecessarilycessarilyrestrictingthedevelopmentoftheabuttingproperties. 3. Vacation is in the public interest because adjoining propertiesJgppes will increase in buildable area. II Table action on the request to vacate the Tierney Avenue right-of-way lyinggYYgwestofMyrtleStreetuntilplansarefinalizedforHillsidePark. C. Chairman Les Axdahl presented the following Planning ommission recommendation:g Commissioner Whitcomb moved that the Planning Commission recommend to the CityCouncilapprovaloftheresolutionauthorizingthevacationoftheTierneyAvenue right -of -way between Myrtle Street and Lakewood. Drive,, subject to the retentionion of a permanent utility and bike /walkway easement.over, under, through and across the north 36 feet of the vacated right -of -way on the basis that: 1. The right -of -way will not be developed as a street. 2. Retention of a right -of -way is in excess of the ublic need unnecessarilyy restricting the development of the abutting properties. 3. Vacation is in the public interest because adjoining properties will inJgPp crease in buildable area. Also, the Commission recommends the Council table action on the requestqst to vacate the Tierney Avenue right -of -way lying west of Myrtle Street until plans are finalized for Hillside Park. Commissioner Fischer seconded, Ayes - all." d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons expressed their opinions: Mr. Ron Cylkowski, 1867 Myrtle Street (in favor) Mr. M. Renkenberger, 1887 Myrtle Street (in favor) Mr. Gerald Resong, 1888 Myrtle Street (in favor) also requested the culvert be cleaned) Mr. David Kolebar, 1866 Myrtle Street (in favor) e. Mayor Greavu closed the public hearing. f. Councilman Bastian introduced the following resolution and moved its adoption:Vacation of Tierney from Lakewood to Myrtle) 5 — 1/7 82 - 1 3 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described Tierney Avenue right -of -way, lying east of the northerly extension of the west line of Lot 1, Block 6 and west of the northerly extension of the east line of Lot 14, Block 6, Hillside Homesites, Section 13, Township 29, Range 22, PROPERTY AFFECTED BY THE STREET VACATION: Lots 1 and 14, Block 6, Hillside Homesites The east 17 feet of Lot 29 and Lots 30 -33, Tierney Park WHEREAS, the Maplewood City Council finds that the vacation of the above described street is in the interest of the public, on the basis that: 1. The right -of -way will not be developed as a street. 2. Retention of a right -of -way is in excess of the public need, unneces- sarily restricting the development. of the abutting properties. 3. Vacation is in the public interest because adjoining properties will increase in buildable area. NOW, THEREFORE, BE IT RESOLVED by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to the retention of apermanent utility and bike /walkway easement over, under, through, and across the north 36 feet of the vacated right -of -way. Seconded by Councilman Anderson. Ayes - all. f. Councilman Bastian moved to table until March 4, 1982 the balance of Tierney Street vacation (Myrtle to McKnight) as recommended by the Plannin Commission and instruct staff to prepare a report regarding location of power lines, water line, terrain and drainage of the proposed right -of -way vacation. Seconded by Councilman Anderson. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS None. I. VISITOR PRESENTATIO None. 6 - 1/7 IJ. NEW BUSINESS 1. Council Appointments a. Acting Mayor I. Councilman Anderson moved to appoint Councilperson Frances Juker as Acting Mayor for 1982. Seconded by Councilman Bastian. Ayes - all. b. Planning Commission 1. Manager Evans stated the following Planning Commissioners'g g terms have expired: Ed Kishel (served since at least 1970) Dick Barrett (served since at least 1970) Joe Pellish (appointed 2- 26 -76) All of the above have expressed their willingness to be reappointed.g PP . d Council must also appoint a Chairman. The current Chairman, Les Axdahl has indicated a willingness to continue. 2. Mr. Kishel, Mr. Barrett and Mr. Pellish introduced themselves to the Council. 3. Councilman Bastian moved to reappoint Mr. Edward Kishel Mr. Richard Barrett and Mr. Joseph Pellish to the Planning Commission for three yearterms. Seconded by Councilman Anderson. Ayes - all. 4. Mayor Greavu moved to appoint Les Axdahl Chairman of the Plannin g Com- mission. Seconded by Councilman Bastian. AvP.q - ail_ c. Community Design Review Board I. Manager Evans stated Donald Moe, Dean Hedlund and Victor Lydony are seeking reappointment to the Community Design Review Board. These appoint-ments would be for two year terms ending on January 1, 1984. 2. Mr. Moe, Mr. Hedlund and Mr. Lydon introduced themselves to the Council. 3. Councilman Bastian moved to reappoint Donald Moe, Dean Hedlund and Victor Lydon to two year terms on the Community Design Review Board. Seconded by Councilperson Maida. Ayes - all. d. Parks and Recreation Commission 1, Manager Evans stated the terms of Dean Sherburne, Voya Piletich and Donald Christianson expire on December 31, 1981. Each' of them has expressed an interest in re- appointment for a three year term. 7 - 1/7 i 2. Dean Sherburne, Voya Piletich and Donald Christianson introduced them- selves to the Council. 3. Mayor Greavu moved to reappoint Dean Sherburne, Voya Piletich and Don- ald Christianson to the Park and Recreation Commission for three year terms. Seconded by Councilman Anderson. Ayes - all.. e. Official Newspaper 1. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 1 - 4 BE IT RESOLVED that the City Council of Maplewood, Minnesota, designate the Maplewood Review as the official newspaper for the year 1982. Seconded by Councilman Anderson. Ayes - all. f. Rules of Procedures 1. Councilman Bastian moved to table the adoption of the Rules of Pro - cedures until the 2nd meetina in February, 1982 and to operate under the present Rules of Procdures until that date. Seconded by Councilman Anderson. Ayes - all. g:. Suburban Rate Authority 1. Councilman Bastian introduced the following resolution and moved its adopt ion: 82 - 1 - 5 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Mayor John C. Greavu is hereby desiganted as a director of the Subur- ban Rate Authority; and City Manager Barry Evans is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1982 and until their successors are appointed. Seconded by Councilperson Maida. Ayes - all. h. Civil Service Commission 1. Mayor Greavu moved to reap oint Joseph Griemann to the Police Civil Service Commission for a three year term. Seconded by Councilman Anderson. Ayes - all. Council wished to take this opportunity to express their appreciation for the con - tinous efforts, services and dedication of the Commissioners and Board Members. 8 - 1/7 2. White Bear Avenue, Burke to T.H. 36 a. Manager Evans presented the staff report. b. Mr. Paul Kirkwald, Ramsey County, presented the details of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 82 -1 -6 WHEREAS, plans for White Bear Avenue from 365 south of Burke Avenue to T.H. 36, Project No. S.P. 62- 665 -17 showing proposed alignment, profiles, grades and cross- sections for the construction, reconstruction or improvement of County State -Aid Highway No. 65 within the limits of the City of Maplewood as a (Federal) State) Aid Project have been prepared and presented to the City. WHEREAS, an agreement identifying the cost sharing and construction re- sponsibility, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The .plans be in all things approved. 2. The Mayor and City Manager are authorized to execute the attached agreement. Seconded by Councilman Anderson. Ayes - all. 3. White Bear Avenue: T.H. 36 to Edgewater Avenue a. Manager Evans presented the staff report. b. Mr. Paul Kirkwald, Ramsey County, presented the details of the proposal. c. Mr. Frank Meduna, representing his mother at 2607 White Bear Avenue, asked questions regarding the proposal. d. Councilman Anderson introduced the following resolution and moved its adoption: 82 - 1 - 7 WHEREAS, Ramsey County and the City of Maplewood realize a need to reconstruct White Bear Avenue from T.H. 36 to Edgewater Avenue; WHEREAS, Ramsey County presented two alternatives for the upgrading; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The plans presented to the City Council are given conceptual approval; 2. The preferred alternative is Alternate I considering a fifth lane from T.H. 36 to County Road C. Seconded by Mayor Greavu. Ayes - all. 9 - 1/7 Discussion was held pertaining to the improvement of McKnight Road. 4. P.A.C. - Neighborhood Park a. Director of Community Services Bob Odegard presented the staff report, b. Mr. Don christianson, 1111 E. County Road C and, Mr. Voya Piletich members of the Park and Recreation Commission, explained the need for raising the P.A.C. charge. C4, Councilman Bastian introduced the following resolution and moved its adoption: 82 - 1 - 8 WHEREAS, Maplewood Ordinance No. 361 passed April 4, 1974, recognizes the need for neighborhood parks, establishes standards and improvement guidelinesforsuchandprovidesmethodsofacquisitionanddevelopment; and WHEREAS, Section IV (Financial Policies to Implement Neighborhood Park Policies) Subdivision (10) Annual Resolution Stating Average Acre AcquisitionandDevelopmentCosts; and WHEREAS, in 1974 the acquisition costs per acre were $4,000 and development costs $7,500 per acre were established; and WHEREAS, this charge has not been increased since the inception of the ordinance; and WHEREAS, the intention of the Ordinance is to provide for future qualitoflifethroughtheacquisitionanddevelopmentofpark -open space; and WHEREAS, the costs of acquisition of property and the development of parkshasrapidlyescalated; THEREFORE, the Park and Recreation Commission recommends that effe =ctive January 7, 1982, the City Council establish the average acre acquisition cost at $4,200, and continues the development cost at $7,500 per acre, with the Cityfinancing50% of the development costs. Seconded by Councilman Anderson.Ayes - Councilperson Maida, Councilmen Anderson and Bastian. Nays - Mayor Greavu. 5._ P.A.C. - Commercial and Industrial a. Maanger Evans presented the staff report. b. Director of Community Services Robert Odegard presented the staff report. C* Mr. Don Christianson and Mr. Dean Sherburne of the Park and Recreation Com- mission spoke on behalf of increasing the P.A.C. Commercial and Industrial charge. d. Councilman Bastian introduced the following resolution and moved its adoption:r 82 - 1 - 9 WHEREAS, it is the intent of this ordinance to assure the citizens of the 10 - 1/7 City of Maplewood that additional open space for parks, playgrounds and re- creational facilities will be the responsibility of every sort of new development in the City, not just residential development, so that the City's present vast amount of privately owned open spaces with potential for development are partiallyavailablefororderlyparkrecreationalandopenspacedevelopment; and to insure that in fact such facilities will 'be provided, and to preserve, enhance and improve the quality of the physical environment of the City of Maplewood for commercial and industrial uses or a combination thereof regardless of whether such developments or subdivisions are within the context of the City Subdivision Ordinances; and WHEREAS, the developer of any tract of land in the City of Maplewood for commercial, industrial, or like uses shall dedicate to the public for public use as parks, playgrounds, or public open space, such portion of his development tract; and WHEREAS, the dedication fee has been 32% since the inception of the ordinance of July 1976; THEREFORE, effective January 7, 1982, developers of commercial, industrial, or like uses, shall be required to dedicate 5% of the market value of the subject land at the time of the application. Seconded by Mayor Greavu. Ayes - all. 6.. Final Plans: Hillwood - Dorland Project 78 -10 a. Director of Public Works Ken Haider presented the final plans and specifi- c.ations as prepared by Schoell and Madson, Inc.. for the above referenced project. It is recommended that the City Council approve the plans and specifications and authorize advertisement for bids. The project should be advertised in accord - ance to the following dates: Maplewood Review - January 6 and 13, 1982 Construction Bulletin - January 8 and 15, 1982 Bids will be received on February 5, 1982 and presented to the City Council on February 11, 1982 with a preliminary assessment roll for their review. b. Mayor Greavu introduced the followinE resolution and moved its adoption: 82 -1- 10 WHEREAS, pursuant to resolution passed by the City Council on January 7, 1982, plans and specifications for Hillwood Drive /Dorland Road Improvements, Project No. 78 -10, have been prepared by (or under the direction of) 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 office of the City Clerk. 11 - 1/7 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 three. weeks. before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 P.M., on the 5th day of February, 1982, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at a regular City Council meeting. ADVERTISEMENT FOR .BIDS The City of Maplewood, Minnesota, will receive sealed bids for the construct - ion of the following approximate quantities: 4,460 linear feet of 8 -inch sanitary sewer, 3,700 linear feet of 6 -inch through 12 -inch watermain, 4,900 linear feet of 12 -inch through 27 -inch storm sewer, and 3,700 linear feet of street construct- ion for the Hillwood Drive /Dorland Road Improvement Project No. 78 -10. Bids will be received until 10:00 A.M. Local Time on the 5th day of February, 1982, at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and place all bids will be publicly opened. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cashier's check or bid bond payable to the Clerk of the City of Maplewood in the amount of five percent (5 %) of the bid. Proposal forms, including plans and specifications, are on f i l e in the City Engineer's office, 1902 East County Road B, Maplewood, Minnesota, 55109, and may be obtained at the offices of Schoell & Madson, Inc., 50 Ninth Avenue South, Hopkins, Minnesota, 55343, by depositing THRITY -FIVE DOLLARS ($35.00). s/ Lucille E. Aurelius City Clerk Seconded by Councilman Anderson. Ayes - all. 7. Feasibility Study: Adolphus Project 81 -4 a. Manager Evans presented the engineering feasibility report as prepared by the firm of Toltz, King, Duvall and Anderson for the above referenced project. It is recommended that the City Council accept the report and set a date for public hearing on February 4, 1982. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 1 - 11 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Adolphus Street, Roselawn Avenue and McMenemy Street by construction of.Trunk Sanitary Sewer Replacement; and 12 - 1/7 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 Adolphus Street, Roselawn Avenue and McMenemy Street by construction of sanitary sewer replacement facilities is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $371,100 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 4th day of February, 1982, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made; NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing on said improvement at the following time and place within the said City: DATE: February 4, 1981 TIME: 7:00 P.M. LOCATION: City Hal l Council Chambers 1380 Frost Avenue Maplewood, Minnesota 55109 The general nature of the improvement is the construction of sanitary sewer replacement facilities and appurtenant roadway work in the following described areas: 1. McMenemy Street from Roselawn Avenue to 700 feet to the north. 2. Roselawn Avenue from Adolphus Street to 135 E. 3. Adolphus Street from Roselawn Avenue to Larpenteur Avenue. THE TOTAL ESTIMATED COST OF SAID IMPROVEMENT IS $371,100.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received with- out regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. 13 - 1/7 P This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 7th day of January, 1982. BY ORDER OF THE CITY COUNCIL s/ Lucille E. Aurelius City Clerk Seconded by Councilman Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. Restructuring and Reorganization of Public Works and Community Development Office a. Councilman Anderson questioned if the restructuring and reorganization had commenced. b. Staff stated as of the 1st of the year. 2. Resolution: Myrtle Street a. Councilman Anderson instructed staff to be sure and send the resolution regarding the Myrtle and Larpenteur intersection (blind approach) to Ramsey County, 3. Shoreland Ordinance - Reconsideration a. Councilman Anderson discussed reconsideration of the Shoreland Ordinance. b. No action taken. 4. Meeting - Manager /Council a. Councilman Anderson moved to waive the Rules of Procedures and have the Council /Staff shirt sleeve session at 5:00 P.M. on Monday, January 18,1982 and that Council meet with the Mana er at 4:00 P.M. of the same day. Seconded by Councilman Bastian. Ayes - all. 5. Snow Shoveling a. Councilman Bastian requested staff review the ordinances covering snow shovel - ing requirements and if they are not adequate to submit an up to date ordinance to Council. 6. Sidewalks a. Council instructed staff to request the owners of the Maplewood Plaza to s construct a sidewalk from the Senior Citizen Complex (Concordia Arms) to the Maplewood Plaza, 7. Letter: St. John's Health Services a. Councilman Bastian moved that the City Manager send a letter to St. Johns commendin and - encouraging them to continue their efforts to provide Health Services to the suburbs and for constructing such services in Ma lewood. 14 - 1/7 i Seconded by Councilman Anderson. Ayes - all. 80 Code of Ethics a. Councilman Bastian stated the legislature is preparing regulations for standards of behavior by government employment and explained the procedures. 9. Water - Northeast Area a. Council directed staff to obtain costs of a water line from Kohlman Avenue or from Beam Avenue bridge to the area of County Road D - Beam Avenue west of Maplewood Drive. 10. League Conference January 27, 1982 a. Mayor Greavu asked if anyone was interested in attending the League of Minn- esota Cities Conference on January 27, 1982 at the Holiday Inn. The following will attend: Mayor Greavu, Councilman Anderson, Councilpersons Juker and Maida. L. ADMINISTRATIVE PRESENTATIONS 1. A M M Board Vacancy a. Manager Evans stated there was a vacancy on the Board of Association of Minnesota Municipalities. Would anyone be interested in serving? b. Mayor Greavu, Councilmen Anderson and Bastian expressed an interest. M. ADJOURNMENT 9:55 P.M. 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CO CLciW OF DIST CNTY D/L FcLS PAYABLE ITY OF MAPLEWOOD ACCOUNTS PAYABLE DATE 01-21-82 PAGE # 3 BECK:: AMOUNT CLAIMANT PURPOSE 6718------ ' ----.---- - 5 -4- ' 450 - ' 2-5----- ' - ' - "MINN - ' - STA=' - TREASURLrR ------ --------- --'------'-DEPSITS-'DEPIJTYrl N 06719 97,00 MINN STATE TREASURER STATE -Dj -- /L FEES PAYABLE 46 815298,32 NECESSARY EXPENDITURES SINCE LAST COUNCI MEETING f4 / 13 _ -_— — _— - —__ }x— -- - Y - A T E — .Z l 21! V Z-- L7 - - - -- v K TAMLUN1 li L. A 1 M A 14 T P U k P 0 S 2217 15.:a C NA«O An`A I hT hACEIATKi ASS 22 1, X33. bi AkNAS AUTO S UI:FUL } CiL AND-k7. . } PAINT* V H 0L _S 2 ?19 92.:5 nTCt-:,FT ?ASS ING U3.iSHiNG C22;3 _ --0 F 0C- __ -..__ ___ ---------U ?7 S _.Li 7 vL 2221 2L.:.iG .N =I'U N IF Cm" ^4S * CLOTH.1NG 22 40 ..LP J- :` 3.=+C STN VP C0 J« '.i J OFF1L Water Cooler 222 X92 Gi.UTCH # U JOINT SUPFLI. tS, Qvi Pm:*N T 12225 L, 213.51;LCT ICAO CONST PAI.wT., CU'r M='jNT I &Z2E 011TINiENTA LCCS; LSAF pU3 1 Hr L- - - -,7 L • `T - - --GO f -- f - E N L 1 2 2 2 8 25* 8 U v i V 1 - 1 \. a i 7 j I.- .. i I ;1 F_ i.. S : ' .i j r G iL2 2`.7 • v AT vA i. :' Y F iJ S`RVIC Bldg. Inspector z,3 7. 6. -._.T—CG -zIN - - -- FIEF--- C;z'PT -- -I :'_.___ -._ __- - - - -- - -- - - - - -- - 12231 1, 5u+• 5-EASTMAN K;OAK CO 3U p AT rNG COSTS 2232 x.95 All F FAUST T AUS . TRAINING 2 -2 3 63 "7- __ _F'. L G H VE —"-N A. 4:13 +. 92 GE1si, Tt+CAOiNG P. * FAINT•, VIwLS iLZ35 64, 72 GGUDIN COMPANY R -Pe t MAI„ T. • UTILITY 12236 10 s. E7 GOFNEr' 9 =AF.ING CO SUPPLi#S 0UIPM 1 2 23 7 __ -__5 • - s U A N E - - G nA -G -- _ . -- -- = -- —FE S *--- r - I___ ___ -- - - - -- --- - - - - -- Temp. Inspector 3 b 6-4,@ 5 JAN G I SUFP Li E S, KOG A M A y C - B p -G S ANO TnAVL + TRaA. tiG y, U I A0 L' - L- T1 ---I -- $__- 'A - Y. - A $1 :. -_ 1- 1- d 2- -- P•A i - -_ __ 5 __ . -- - - r K M M U _A I M A N T P U P F S 39 G —S I J IAL UrI'G~t S + CLGTNifi G Rug Cleaning X224 L .47. 5 GnuSS NJUSTIA UNIFC N1 * CLOTH.}G 12 41 iA; K PAINT JliT K 0 jUPrLi _S, JH AL J 2 _ •;; -55. H, 'I: Z), LJ4.0 Y . i - _..._U LI.:.j JAItiTO:ztAL -- __ -___ - - O" ! tip' iA; ; t R IA LS Ah0- SUPFLL :S 0GK_'A M, 3 K r;UR ANAL %0 F s, s_ viC Ae a - -- hot g P Y - i224 5 KNJWLAN.3 SUP R MAnK TS SU :3G A M 22 5 - - -57, 54 KLUX :. 3+ Ci 1FAI SH .. _TCiS------ - - - -._ 12 2%+23,= •:.:CU;Z Oil. C0 i vV h C Y ;F SUP I .- S ue an 0 224i 251, To A ELk t SUPLI j9 JFt=I ,= i =+i : v V iU-4 _ __.. _.. _. _ - -._- _._._LONST i+ COST--S__ 6 9 .:25 L `• CDJ F OO (;S SU F ,i .S, P CO A 4 L5 U 366. j7 LLE WOOD W =PU 3L 13 HI VG 110 52 -it';I:. A D A s sv •A; t. S q--- vE.H1. L25 2 j, : 31. 9 to C. 4 tItSh = CTiO 5 .IICc F4- a.- S% ?VICE c _Elec 1 Inspections----.---- 2 25 3 3 9 39.MN D?AKT MEtiT P 9 L R NT A;. , 0UI?M NT 12255 80.50 MUiCiLI+ z,. CJ SUPFL S, CI;I 'M =,, T 122 1 MU1 } P IVATc SZ. C AND -P .ES, SzkVICc_ Animal n t o 1 12257 1, 47 ITY CF -10nTH ST r=4UL UTILITIS 1 737. 57 NGr HC N S At iJ PGWE-k _C3 2259 x,.1,0 6l NU THc N STATES P 0 w c Z C0 UTILITIES 12263 7j '20 3o NO. - ,THM. N STAT &S POwSr< C0 UTILITIE-S 122b1--- - - - - --2 b 1 k THLkN TAT +R Dw - --------I -L I -T ES _ __ --- -- - - - - -- -- -_____ F- -V- P W -`Q V Ar U . 4 T D T T -a H K ' NvN, -EL li ZpH"' -*.i;- V C.r- v CK M u N 7ia C A INMA T Consultin Fees F U R P 0 2262 7 C95. 7,6+0 T TATES P 0 N E R C4 UT I L I T I EE S 2263 1,9 ti`.' 7 8 4 N 0 r% T H E t T .14 AT.-S Pcw;:k co U3 1: IT I ZS 2 26"36 6o -v N 0 T HE 1 SE Y H S I T A;W61 -f A UL .4 Aj S 1 E 95 il W zS E V 1 E' S T A T .1 E' Q U A1 P REPo PAINTov RL.01 G G- 3 i 26 6 21 • -I NN N A`TNICAAL SAINK Or PAYING AGENT F,--.f,--S 12 1-26 7 -3 , o 9 7 -N j-.-. T H T t4 6 Li 359.;S P, *,1 + A .. I G N iftl ift:- N T 2 1 2 4 3 9 N0rT HW' S" '- N eELL T;:Lr CO T = F 122 9 1,47G.96 T H W S'91' IE R N %P.:7LL CO T E L I F H C N 42: 2 7 3 15 032' E 5 H 41T T ;:R. N P--': L L CO F H C 4 2 27 1 9 9 2 ST N E E-- 1. L 1 4.I CA', T H W z Z..., i L, 0 T;: L;7 FH 0*1 1227 2 37 GROUP TRUST vAI 4 To 9 *A C 44.22-7-3 090 66 G kPS U - f4 U P to N T 2 27 v V V "T Q G 0 T R R* f"AIN v PLr-.o G+ G 2 75 2G• 7w Jj •NTA 'MUGS F%; _ V Ru Cleanin 2' 2 7 -1D" - - - -7 8 ;rd- • :`5 7 S T - 0 FF I t"J%,E: F k 0 0 U 3 T S Ai F I -E--S -v-- 0 FF., 1 7 -.7--3 7 5 T D T T -a H K ' NvN, -EL li ZpH"' -*.i;- V C.r- v Consultin Fees 11227 8 0 W RAOIO S'-VICz7FCA, TY Z.P%z MAINT• RADIOAMP* 1227 2 2 G.',"ZTY OF ST FA U; .L OFFICE fj 8 -9--7E a -5 1 SE Y H S I T A;W61 -f A UL .4 Aj S Paramedic Pro 12281 233 * G ST PAU,,. f- SU9UR2AN BUS F #=6_ E `3 S E P% V 1&' C 12282 359.;S P, *,1 + A .. I G N iftl ift:- N T REP9 Mai 1NT*,p Vi.HICLEES I Z 2,6 3 7 7 t5 1 - --ON S T E.L GH -E- GUN. NC;F C UiE - -, - - - i P M N 12- 2 8 4 22o 97 U P E. R A MER. I C A FU OIL 12285 15. r W TEXGAS CORP FUEL OIL 26 2 10 3. 3 r_-'T IC CO1HOMASATH6'GRSUPA r C h GK'S A M 6 U N T A M A N T U R P 0 f t: 4c. 4.3 3 rLB TuUS,.EY FCD iN V.H1C =S _Repair f . Z?3 33. 3o TWIN GiTY HARCWAKE Co MA IN'Etr'ANGE MAT I A.S 28 g --___ I 7T 9 - --NiO =: 'S NL: ; =.- _ _ - --I MS- - WA GE t S V P L 0 FFl V L S .Zz91 199.77 WAr.NERS TRUE UE H "WR S iA .L TCOLS -- 4`ANC- SUP?t,lj, JA4- T'JK f 229?52. 39 ES T i,' GHJ -. ...S cE SIC Sty P L4. ES, JA I TOOT A. 2?93 31.9 O;;EFH A ZAP PA UNIFC M % CLOTHING v v - - -- r V Y J A r To ,— T , e ' jZ?95 1+. :LE:iiS ?H TNJ %J W WAG :S, / T EMS. i2 ?90 1d. L AVID B.: .K WA G;.S, F/T + T 7MP* L L F1I v --KiGc}tC - THi+1 : LL - - -- ._._.._ - - -- - - --NA - -G a -- / -T- - #- -- S 32. : v A-,R fEOT HW G- pWA - t /T } T EMP- 2992 I't 1 . u u M, k, HH T h W L WA 2 33 x -- - - - - --7 -v --- -T t# iA - -J 3 . iy -NA N - -- -- -- __.G = _ __ r __ - -- - - ----S, /; - } - -T _ -M P, 1. 2 3J 1 b . 27 mlCHArD 3UNKE WAGES, P/T TEMP. 23 2 5T. '0 4NA M 3TOSKIE P --WA Go S, P/T TEM. Ar-W A _ -T- -E M OWL UZ 30 4 3.JOHN 0:_H.. R WAGES P/T MPTE . i 3 3. ;:MAT THEW H AAG WAGES, P/T TEMP, XR i S T `- w -' - _ _ ___.-lAi. Si'_- _.._- T 1 7 rr' r 23 T 19.v Th 0GO:E M L** MAN WAGES, P/T + TEMP. Z ?1b5. 9;;STEPHEN MAY WA GES, P + T EMP. 12369 A M . --R - -- S t I Z _ - _-- -_____ .__.__ -----W A .._ , T -- - - -; t 4 P • Z 3 1 THCMAS LI E3HAfGT WAGES, P/T + TEMP, F K AM C U w T A 1 4 A N T P U k F O S f 2 3j 1 12 i uvE. - S NE ;. S0N WA +S, PfT + TU:Mr. 2312 i ?7 .ALi AG - St p/T } TE. 2.3 ?__2 }. ,;N N 3AK _____- ___._.. _._.._._________._______.,_AG _ _. E P 123 1+2fi1. Uf F nYASNC WAG S al 23?. 92 T ^GTHY 4 Aa4DB ; 7RG WAGS, /T T t"#r. 1 Z T H J A -- J LJ f. J - - - -- _ - - - - - rHG ... S -- / ; ..' A. 3. ?0 TCtiSH WAG F/T + TcMP. 1231 2 , 4E, ow J' TUGITTO WAG:So T + T EMP* 2,1 3Le UE HxCN 3uCKSNJr BOOKS 2 3 2 G i :L O N £ f " {' l J T A t4 : i N -.- . - . _ .. _ . _. -T : a V E i. - } - r :. ' I N - -- - - -- - - 22v,1 1 Z•;:N TL AMU_ Co Z F U N C G 3L.t..i1L2i. E7 l"Rly, NATCNA BO 11T. N14^- FAY+NG AGENT r ;C 2323 7:.2 WA6m - TN3U OG MDUIRCGA Tip 32 5. L CrY ctUiSiT JUr L1 S, OFr 1Gr L ,2 6 1.CUBA 30OKS . 327 V " S T CU P- O - . _.3A - A T ANG A T .ttl Al S 12326 1E,64u. c Fir,ST SANK OF NP6S 3CNC INT F.EST 2329 7 ,203.51 JT NATO BANK OF ST PAUL BOND INTFcST rCAN FAQ Z . NG AG N T rF .r S 12333 1:, 645, Cv 151 NATL BANK OF S' PAU`3GhC INTER AN -F YING AG F t S - - - -- _ - -_ 2 33 32. !P16 FI:CNik 'I CIC;N6 FU3 SU35C IPTl0Nt "tMb r_ R S H P A. 33 2 06.59 W W GRAI G` INC MA Z,N T 'NANCE MA TEkI a .S 1 333 2 , 42 -5• Lv -t>~,GU OF MINN ITtS_____ __1. 1t3J ACI ':NS # -- 1 CK M C U N T C :. A I M A N T U R P 0 S 233 1 A LEm 03CC EU1EN SU3SCRIPTIOW +MEM3RSHI 2335 lu.;: i IN STATE FikE :HI "S ASN SU3SCRIFTiONSi. !`M - ' 'SHtr S 3 , j 1 {1 _ } }' 'K'^ _ { j! / j 7 T T • , MR ; 7 j"1 Y . s1 a.- .1ANVT ^ T 1 I • 1 7 -... V . J A S V + i • V Y ~ , f .i it t V i _.._._ N... -_Jy J'- P P f.L 337 M1, WNST WATE*i CPP HSSOC SU8 Z.4 C IFTIUN: t,M m3 3SHI i ?3 b 77, MC,T 0r-,CLA I NC rP . } 'IAA. NT . , R. .1 2 34 3 ig t} _ 44 • tt; r. ti W NAT ON A ANC - F ''}'.J --R Na_ I NT =+q. S# ANO-- PA YING AGENT F S S Lam,-t'',Ct _----3L Vtti_ - - _ Jan. Retainer 2 34 1 171. ",Y CJ U T CH.Ir OF T AV E f TRA +NI; 2 342 2, 4 L CI'' Y OF 3 T FAL 3 M Fire Run 2 3..IC... -S f fUL: TGH- - -_.. - -- - - ____----------SSCIPT M; cHI^ --- -- l4j0ijV H 3 TC(U30L FUt NC BEEP. FAINT., V1 1C%iC 50 :i .R rO..- UTI N CJtiT SU3SC I'TICti +M = '" tSNi" 2 3, b E G*J -; V --3 -G T +i W ;.: - - -- - __ _ - - - -W A 37 3-.. ;;ILHAr;%3UNK WAGS, P/T # T.M. 34 e 5:. ;.LuUG.AS Jrti.R w: GAS, P/T + TEMP. J O +i N . :.- _ _ _ __ _ _ _ _ _ _ __- -W A G -P / T- --* - -1 `i F 35 % 1,d . ;MATTHEW HAAG WA GAS, P/T + TAMP. 2 351 3. 5v T MU MAS LI BHAQ% T WA G ;S, P/ T + T E 55 _-tl0wAi. -£- fyIELSIE N G -S 7-- +4-zmp ; -__ --- - - - --- _- 2 353 v5 t.FFE Y ASCHKi WAGES, P/T + TEMP. 235 c 12. :CLvtv:: T H . Oii G WA GPS, P/T * T S.MP. 2 35 03.52 - ._T S AN33 ERG -.._._ _ - -- - --WAG ES 2 356 23. bl THutIAS W SCOi.S WAGi P/? + TEMP 2357 320 1,U SAM =S TUCCITT0 WAGS, Q/T } T MP. 2 3 6 12 16 L . v J - -W 1 I i P I : L v P A T T L 1r' S i S T - - - - - -- - - -P S , S VICE- Gals Get -A -Way 142 355.625.62 CHECKS WKITTEN 1TaL OF lb8 CH_CKS 733A,. 437 T7JnT0 Aare TmrMQ rTtAMrrn RV PPrPrATT M _P17_PP CITY CF MAPLE WCCO FAYRO LL REPORT WAGE 1 CEFTIFICATiON REGISTER CHECK DATE C1 - -8 2 CHECK NAME GROSS PAY NET PAY 0 26 26 E VANS BAkRY R I 6821- 76 0 26 27 _LEWIS VIVAN R 685.38 45 02628 _KLEIN DAMES G 136* 00 121.19 02629 P E L O C U I N - -- - -- - - - - -- --A L F - F E D b 9 1. 8 5 i -1 E_ * 5 7 - -- -- - -- _ _ ._.- ----- - - - - -- _ 02630 SCHLEICHIER JOHN F 24.44 24.44 0 26 31 C CE LARRY J 191. 54.145.11 0 DOF KATH'L M 25+.25-__ 02633 ZUERCHEk JCHN L 115.39 114.99 0 26 34 FAUST DANIEL.F 1 339.38 858.45 2635 FmA AK RATRICIA L 218.25 194.84 02636 HAGEN ARLINE J 822.92 367.75 02637 MATHEYS ALANA K 597922 435018 16 C R E _ti - - - - -- _ -- - -- - - --0, .. 0 ES, _ - - - --A 5 0 9. 7 _ - -- - --3 fe45 02639 AURELIUS LUCILLE E I 250.30 653.36 1 a.02E40 SELVOG BETTY 0 639.69 41E.29 i a 0 G P E E N P C; -- - -6 6 7: 3 6 7; 0 . L 02642 SCH JEANNE L 98.58 80.89 E; i i 0 2643 VIETOR LORfiA INE S 5 21.53 360 2 5 t 3z 0 2 6 - 4 - 4- -H"m N - S L _E Y - - - - --P A T` I CI. --2 i: 0 D - - - -16 3 0 6 5 .- -- 1 0264 9A STYR DEBORA A 492 .92 228. F 02646 HAGEN THOMAS L 1, 318.61 260,44 J 0 2647 -- _0 -AT 9 - - - --J0V E- --51 +:'62 - -- -356 -.0 - 02648 RICHARDS ANNE N 75.00 71.96 02649 RICHIE CAROL L 452.31 276.9 0 26 5 0 - - - --S C H A L _L ER R I C H A FC__1,' 4 2 7 .5k - - --8 8 0 : 42 --W-- CITY OF MAPLEWCCD FAYROLL REFORT SAGE Z s CENT IFICATION RzG "STER CHECK :)AT C1 -14- 82 CH EEC K NAME GROSS PAY NET FAY 0 S VENDSEN JOANNE M 60 8.7 4 0 0 54 r 02652_ +-A -- -DAVID L 1, 171.39 417.87 02653 A TCHI SON JCHN H 1 0 36 15 691,.53 02654 __...C AHANES - _ - - - -- -ANTHONY G 1, 20 4.16 A 1 10 C 2655 CLAUSON GALE K 1, 0 36.15 15.89 t 02656 CCLLINS KENNETH V 1,175954 119640 0.2657 f. JI D E L M 0 N T _. . _-D E NN Z S 1,9233o23 -9 1 --$ 7.._ f .l 0 2658 DR£GER RICHARD C 1, 200.46 679.46 0 265(i FERNOW RAYMOND E 498. 77 318.20 E 0 2b tiC GR HE _N.__ -. --N C R M A N 19195985 6 3 2.2 02661 HALWEG KEVIN R 11 77 502,28 32662 fl HEINZ STEPHEN J 774.46 4 8J 9 to 02663P HERBERT MICHAEL J 1 105.74 -- -616. -37 _ -- - - - - - -- - 02664 JALUITH DANIEL 7319 461.27 026f5 f, KGRT1lS ONALD v 373.12 261.88 026 66 LANG - _ _-- _ - _ - -- - - -- - --RICHARD . - - -X56. 00____..569.4 _______ J 026E7 MCNULTY JCHN J 1, 195.39 277.58 2E 68 MEEHAN A JAMES E 997.38 571.68 02669 __4FTTLER - - - -- - -_ - ..D. iNIEL __.__13 1! 036. 61 - - ' -655,34 - ____ - -- - - - - -- 32670 M CESC HTER RICHARD M 2, 0 5 4.90 141.81 02671 NO.ELLI RAYMOND J 1, 016.77 658.40 02672 -PELT IER"W I LU A -.F 1,151.54 f4w:42 -- - - -- 02673 SKALMAN DONALD W 1 157.82 0 26 74 STAFNE GREGORY L 19 0 76.36 6 4 * 57 0 b 5 j is I is i! ti 1' i ' STILL 997038 -5 70 :96 - -- - - - -- CITY CAF MAPLE WCCC A YP RAIL REMPORT PAGE 3 Ctt.TIFICAT10N REGISTER CHECK LATE i - 14 -82 CHECK NAM=G AY NET PAY 02676 STCCKTCN 3AR.ELL T 1 347.269 653.73 02677 zaFFA JCSEpti q 1 s 197.23 7 51.9 p C 9ECKER RCNALD D 1 173.32I 292.9 D CU Si C -ENIS _S .___ ...19 233.23 78 9.17 2E 80 GRAF 3AVIC M 1 60 5 23 495.73 y'0 26 81 L EE RCG`R W 1 Z 11.21 6 6 6.15 r x 0 26 8-2 4 ANCER JON A to C6 5.23 102 .1.7 C 2F 83 NELSON - -GAS - CL M 1, 237.30 7 65,40 0 26 84 RAZSKAZ0FF DALE E 1,116 • 07 228902 r K' s 2.5 8 5 RYAN MICHAEL,P 35.19 498.90 12686 VOP WERK ROBERT 1 t B 65.23 17 -#.5 Z 32687 YCLNGREN JAMES G 130.04 646.64 r 020 -- 81 - 3 E M E RTSCN JAME M 845.0 $5 55.99 - -- __ - _ - - - -- 02689 S ACT ALFREC C 1 0 3f4 . 99 640.44 j 3 26 90 FL A UGHER JAYME L 63 209.41_.19 f 02691 FULLER JAME 548.31 --3 6 4 _ - - - - -- --9 . 6 3 26 92 NEL - SON KAREN A 582 94 0 353.97 F'. X2693 NELSON ROBERT 0 1,23430 701.01 02694 SWANSON JIL __ _ _ --5 0 9* 0 7 334 li 02695 TUCHNER,MICHELE A 5 99.95 241.94 6 96 -WILLIAMS DUANE 1,10 8.30 4 8 3.0 2 0 26 97 BARTA - -4ARIE -L _548. $2 374 0.89 0 2698 HAICEP.KENNETH G 1, 2 30.91 543956 FiF' 02E99 WEGWERTH JUDITH A 557o46 391.59 i 02700 9 R E - E 111, - -ROGER -W-8 D 8.3 2 _488.03 t CITY OF MAFLEwCCD FAYRJLL REPORT FAGS 4 CART IPICA Ti aN REG.ST CH .CK DATE 01 CHECK NAME GROSS SPAY NET PAY 0 22701 CASS W C 1,0710-23 517e_87 0 27 32 FREBEP;G RONALD L 899.15 556.29 0 27 03E1 HELEY RCNALD J 767* 34 484.02 0 2 04 H 3AN JOSEPH H -80!)992 5 2 3._71 02705 KANE MICHAEL R 893.92 385.40 02706 CAUSING HENKY •F 949,03 495.73 F 02707 MEYcR - - - -- _. -GERALD w 943. Z3 _.471.09 0 27 v8 PRETTNER JOSEPH 8 1, 252.71 766.97 02739 REIhET EDWARD A 920.61 566,94 f; 027124 p ji T VLI N, JR HARRY 966.63 5 95.03 027111 DRLAR MICHAEL J 16 * 00 148.3 8 02712 cLIAS JAMES G 908.76 518.10 02713 GE ISS Lid WALTE M __865.- $4- -- - -- --5 0 2 .29 ---------------- 0271 G= S S ELE JAMES T 321053 5 4 0.10 02715 PECK OEN ;`CIS L 908.76 5 Q7,52 02716 0 .r&LLATZJ <E - - - __DA yD 1 , 9071923 6Z $.32 - - -- - - - - -- _____ -__ - 0 2717 THC?0AS MIGHAEL S 126* 90 120968 02718 W YMAN JAMES N T 38.46 5 07.01 cl lg ------L D T Z -- -- - -- - - - - -- - - - -- ___D A V34 '. D- -5 21. 0 7 ___--------3 5 2 - : - 5 2 02720 EOSON DAVID 8 937.98 575.54 0 27 21 MUL WEE GEORGE N 771.98 470.78 0 27 22 - ___N ACEAlT - - - -- - - -- - -. - -EI3WA .. - - --995o 0i - ___b 32 t, 0 27 23 NUTESON AVER NE S 1, 120.51 4 8 *35 0 27 24 O hEN G E RALD C 8 4 0.56 4 85.5 0 0 2 7 25 ._M A C D 0 N A L D _._ _ - - - -- ..J C H N -- ..E 8 41.6 D -- -- -4 Z : 7 3 - - -- - - - - -- -- - -- -- 1 CITY OF MAFLEWCCO PAYROLL REPORT F -AGt 5 CERTIFICATTOr4 REGISTER CHECK OATS -1tQ1 . I CHIC K Y NAME GROSS AS Y yN T RAY I 0272b MULYASEY OENt4IS M 813960 477969 f 7 27 ADAMS AUK '"I NE 978.46 5 8G .8 6 L 2728 3RENNER LOIS J 608.76 213.61 2729 KRU NM L BARBARA A 255910 -14C *- 31 ._ _ 027.30 ODEGARC F.0BERT O l 263 b9 779.00 02 BURKE JMYLES R 834.75 1 7 C 27 32 GEF NA IN OA Vi0 A 763.20 4 77.94 - - 02 GU NCA MELV"N J 1, 016.64 565965 0 27 34 HELEY R0LANC 6 763920 498o69 C2735 LEMCN JEFFREY 5 72.72,0 0 -- - - -___ 02736 MARUSKA MARK A 891099 555.00 02737 RASCHKE ALBcR?'F 190.35 175.34 02738 SANCQU"rST THOMAS J 224,20 4 _ _ - - - -_ _ --94 027 SAh3A RttC E 791.82 448.2 8 02740 TAUEMAN DOUGLAS J 6 79.85 4 29.56 02741 WARD ROY G 3 0 4,15 2 3 5.9 4 -- _ - -- - - -- -- T' 02742 8FUNi:lL BARBARA J 221.20 71 1.45 02743 GREW JANET M 60C.00 3 9 3.98 02744 CFSN ='" LL JU01TH A 28 +.0fl - -214+ -.b9 - C 2745 SOUTTER HR #STINE 6 3049 i6 437 02746 CHLEBECK JuOY M 639.69 254.0 0 02747 -flLSCN GEUFFRrY W 1, 241.!17 p3 --- - - -___ -__7 .86 0 27 #48 KSTRANC THOMAS G T 27.38 4.12 C-2749 JCHN'SON RANCALL L 727.38 499.85 0 2750 OSTROM _MARJORIE 1 0 49.54 661egg - -- _ -- - -- C jTY OF MAP . CB PAYROLL REPO FAG 6 CtPT IFICA TI CN R GjSTE CHcC C CATS 0I - - 82 CHECK N A GROSS PAY NET PAY g 3 t7 1 ER ROBERT J 7 9 . 8__ -- 5 4I FIRE PROTECTION AGREEMENT CITY OF MAPLE1400D RAMSEY COUNTY, MINNESOTA WHEREAS the City of Maplewood (.hereinafter referred to as the "City ") is authorized by law to provide fire protection to all of the property in said City; and WHEREAS the Parkside Fire Department (hereinafter referred to as the Department ") is a volunteer fire department operatinq as a non - profit association under the law of the State of Minnesota; and WHEREAS said Department owns fire equipment, trucks, etc., for the purpose of fightina fires, which equipment is housed in its fire station located at 2001 McMenemy Street in the City; NOW THEREFORE, the City and The Department, in consideration of the following provisions and covenants, do hereby enter into this agreement on the date hereunto subscribed: SECTION 1. The City agrees A. To engage the services of the Department to answer fire calls, fiqht fires and provide EMS services within the City for the period beqinninq January 1, 1982 and ending January 1, 1983. B. To pay the Department for its services durinq the period herein - before specified the sum of One Hundred Thirty Six Thousand Four Hundred Five and No /100 ($136,405) Dollars in quarterly installments. Charges billed directly to the City by the City of St. Paul or County of Ramsey for radio service or other special services directly related to fire protection, if paid by'the City, shall be deducted from the service fee herein provided. In the event that the City should receive funds from the State or other sources in a sum equal to that estimated in the 1982 City budget then the sum of $2,570 shall be added to the above. C. That the moneys to be paid by the City to the Maplewood Fire Relief Association will be paid in addition to the face amount of this agree- ment. D. City to provide one advanced life support Paramedic Unit, to be housed at the fire station and said vehicle to be equipped and maintained at City expense. E. The City aqrees to cover through proper insurance its vehicles in use by the Department. SECTION 2. The Department agrees A. To answer all fire, emergency, emergency medical Paramedic assist requests, and related alarms of any nature or description directed to it by the public for assistance within the legal limits of the City as hereinafter specified. B. To aid any other department, volunteer or otherwise, within the limits of the City whenever it is called out for that purpose by the Chief or officer in charge of such other department. C. To fully and completely renort all facts, information and data required by the City as specified on the form to be provided by the City for that purpose. Such form shall be subscribed by the Chief or other officer of the department who was in charge and present at the fire so reported. r. D. The Department is hereby specifically assiqned to the foliowinq described area of the City and shall be primarily responsible for fire pro - tection within the said area, to -wit: All of the City lying East of McKnight Rpad and South of the City limits of the City of North Saint Paul. The Department also agrees to answer fire calls in other parts of the City as provided in Section 2.8. hereof. SECTION 3. A. The City assumes no responsibility for any acts of the Department, nor for any injuries or losses to members or to the equipment or trucks of the Department; the Department hereby agrees to keep its men, equipment and trucks properly covered by insurance at no expense to the City so as to protect the Department, its members and any third persons from any loss by reason of negligence or misconduct on the part of the Department or its members. B. Nothing in this contract shall be construed so as to obligate the City for operation, maintenance, repair or replacement of any equipment or trucks of the Department. C. It is aqreed by both parties to this agreement that at any time the City acquires fire equipment of its own, either through purchase or other- wise, so that the City will be operating a city fire department as defined by Minnesota Statutes, this agreement may be terminated one year from date of termination notice. It is further understood that this contract shall be renegotiated each year at least thirty (30) days prior to the date of its expiration. D. Nothing in this agreement shall prevent the Department from entering into contracts with other municipalities or governmental units located outside of the City to provide fire protection services for a fee or other compensation during the term of this aqreement. Nothing in this agreement shall prevent the Department from enterina into contracts with any person, firm or corporation to provide, for fee or compensation, extraordinary services within the limits of the City, such as contractual stand -by services at the scene of any hazardous activity, fire fiqhtina demonstrations and other similar activities, it beinq understood that such extraordinary services shall not in any way limit the obligation of the Department to answer calls, emergency calls and related alarms of any nature and description directed to it by the public for assistance within the legal limits of the City. Witness our hands and seals this day of 19 THE CITY OF MAPLEWOOD BY BY City Manager Its Mayor Approved As To Form:BY Its Clerk PARKSIDE FIRE DEPARTMENT Don Lais, City Attorney BY Its Chief BY Its Secretary T x, FIRE PROTECTION AGREEMENT 4 ,e 00070011, 7fo CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA WHEREAS the City of Maplewood (hereinafter referred to as the "City ") is "authorized by law to provide fire protection for all of the property in said City; and 14HEREAS'the East County Line Fire Department (hereinafter referred to as the "Department ") is a volunteer fire department operating as a non - profit association under the laws of the State of Minnesota; and 14HEREAS said Department owns fire equipment, trucks, etc., for the purpose of fighting fires, which equipment is housed in its fire station located at 1177 N. Century and 2501 Londin Lane in the City; NOW THEREFORE, the City and the Denartment, in consideration of the following provisions and covenants, do hereby enter into this agreement on the date hereunto subscribed: SECTION 1. The City agree : A. To engage the services of the Department to answer fire calls, fight fire and provide EMS services within the City for the period beainnina January 1, 1982 and ending January 1, 1983. B. To pay the Department for its services during the period herein - before specified the sum of One Hundred Eighty Two Thousand One Hundred Sixty and No /100 ($182,160) Dollars in quarterly installments. Charges billed directly to the City by the City of St. Paul or County of Ramsey for radio service or other special services directly related to fire protection, if paid by the City, shall be deducted from the service fee herein provided. In the event that the City should receive funds from the State or other sources in a sum equal to that estimated in the 1982 City budget then the sum of $3,440 shall be added to the above. C. That the moneys to be paid by the City to the Maplewood Fire Relief Association will be paid in addition to the face amount of this agree- ment. D. City to Drovide one advanced life sunport Paramedic Unit, to be housed at the fire station and said vehicle to be equipped and maintained at City expense. E. The City agrees to cover through proper insurance its vehicles in use by the Department. SECTION 2. The Department agrees A. To answer all fire, emergency, emergency medical Paramedic assist requests, and related alarms of any nature or description directed to it by the public for assistance within the legal limits of the City as herein- after specified. B. To aid any other department, volunteer or otherwise, within the limits of the City whenever it is called out for that purpose by the Chief or officer in charae of such other department. C. To fully and completely report all facts, information and data required by the City as specified on the form to be provided by the City for that purpose. Such form shall be subscribed by the Chief or other officer of the department who was in charge and present at the fire so reported. i' D. The Department is hereby specifically assigned to the following described area of the City and shall be primarily responsible for fire pro- tection within said area, to -wit: All of the City lyino East of McKnight Road and South of the City 1imiis of the City of North St. Paul. The Department also aqrees to answer fire calls in other parts of the City as provided in Section 2.B. hereof. SECTION 3. A. The City assumes no responsibility for any acts of the Department, nor for any injuries or losses to members or to the equipment or trucks of the Department; the Department hereby aqrees to keep its men, equipment and trucks properly covered by insurance at no expense to the City so as to protect the Department, its members and any third persons from any loss by reason of negligence or misconduct on the part of the Department or its members. B. Nothing in this contract shall be construed so as to obliqate the City for operation, maintenance, repair or replacement of any equipment or trucks of the Department. C. It is agreed by both parties to this agreement that at any time the City fire equipment of its own, either through purchase or other- wise, so that the City will be operating a city fire department as defined by Minnesota Statutes, this agreement may be terminated one year from date of termination notice. It is further understood that this contract shall be renegotiated each year at least thirty (30) days prior to the date of expiration D. Nothing in this agreement shall prevent the Department from entering into contracts with other municipalities or governmental units located outside of the City to provide. fire protection services for fee or other compensation durina the term of this agreement. Nothing in this aqreement shall prevent the Department from entering into contracts with any person, firm or corporation to Drovide for fee or Compensation, extraordinary services within the limits of the City, such as contractual stand -by services at the scene of any hazardous activity, fire fighting demonstrations and other similar activities, it being understood that such extraordinary services shall not in any way limit the obliqation of the Department to answer fire calls, emergency calls and related alarms of any nature and description directed to it by the public for assistance within the legal limits of the City, Witness our hands and seals this day o 19 THE CITY OF MAPLE1400D BY BY City Manager Its Mayor Approved As To Form: BY Its Clerk EAST COUNTY LINE VOLUNTEER FIRE DEPARTMENT Don Lais, City Attorney BY Its Chief BY Its Secretary wow mow/ FIRE PROTECTION AGREEMENT CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA WHEREAS the City of Maplewood (hereinafter referred to as the "City" is authorized by law to provide fire protection for all of the property in said City; and WHEREAS the Gladstone Fire Department (hereinafter referred to as the "Department ") is a volunteer fire department operating as a non- profit association under the law of the State of Minnesota; and WHEREAS said Department owns fire equipment, trucks, etc., for the purpose of fighting fires, which equipment is housed in its fire stations located at 1900 Clarence and 1530 E. County Road C in said City; NOW THEREFORE, the City and the Department, in of the following provisions and covenants, do hereby enter into this agreement on the date hereunto subscribed: SECTION 1. The City agrees A. To ennaae the services of the Department to answer fire calls, fight fires and provide EMS services within the City for the period beginning January 1, 1982 and ending January 1, 1983. B. To pay the Department for its services during the period here - inbefore specified the sum of Two Hundred Eleven Thousand Four Hundred Thirty Five and No /100 ($211,435) Dollars in quarterly installments. Charqes billed directly to the City by the City of St. Paul or County of Ramsey for radio services or other special services directly related to fire protection, if paid by the City, shall be deducted from the service fee herein. provided. In the event that the City should receive funds from the State or other sources in a sum equal to that estimated in the 1982 City budget then the sum of 3,990 shall be added to the above. C. That the moneys to be paid by the City to the Maplewood Fire Relief Association will be paid in addition to the face amount of this aaree- ment. D. City to provide one advance life support Paramedic Unit, to be housed at each fire station and said vehicles to be equipped and maintained at City expense. E. The City agrees to cover through proper insurance its vehicles in use by the Department. SECTION 2. The Department agrees A. To answer all fire, emergency, emergency medical Paramedic assist requests, and related alarms of any nature or description directed to it by the public for assistance within the legal limits of the City as hereinafter specified. B. To aid any other department, volunteer or otherwise, within the limits of the City whenever it is called out for that purpose by the Chief or officer in charge of such other department. C. To fully and completely report all facts, information and data required by the City as specified on the form to be provided by the City for that purpose. Such form shall be subscribed by the Chief or other officer of the department who was in charge and present at the fire so reported. D. The Department is hereby specifically assigned to the following described area of the City and shall be primarily responsible for fire pro - tection within said area, to -wit: All that portion of the City lying West of Highway #61, North of County Road C and North of a line described as follows: commencinq at the intersection of the extended line of Larpen -. teur Avenue and Highway #61; thence East along the center line of Larpenteur to McKnight Road; thence North along the center line of McKnight Road to Holloway Street; thence East along the boundary line of the City to Century Avenue. The Department also agrees to answer fire calls in other parts of the City as provided in Section 2.B. hereof. Section 3. A. The City assumes no responsibility for any acts of the Department, nor for any injuries or losses to members or to the equipment or trucks of the Department; the Department hereby agrees to keep its men, equipment and trucks properly covered by insurance at no expense to the City so as to protect the Department, its members and third persons by any loss by reason of negligence or misconduct on the part of the Department or its members. B. Nothing in this contract shall be construed so as to obliqate the City for operation, maintenance, repair or replacement of any equipment or trucks of the Department. C. It is agreed by both parties to this agreement that at the time the City acquires fire equipment of its own, either through purchase or other- wise, so that the City will be operating a City fire department as defined by Minnesota Statutes, this agreement may be terminated one year from date of termination.notice. It is further understood that this contract shall be renegotiated each year at least thirty (30) days prior to the date of its expiration. D. Nothing in this agreement shall prevent the Department from entering into contracts with other municipalities or governmental units located outside of the City to provide fire protection services for a fee or other compensation during the term of this agreement. Nothing in this agreement shall prevent the Department from entering into contracts with any person, firm or corporation to provide, for flee or Compensation, extraordinary services within the limits of the City, such as contractual stand -by services at the scene of any hazardous activity, fire fightinq demonstrations and other similar activities, it being understood that such extraordinary services shall not in any way limit the obligation of the Department to answer fire calls, emerqency calls and related alarms of any nature and description directed to it by the public for assistance within the leqal limits of the City. Witness our hands and seals this day of 919 . THE CITY OF MAPLEWOOD BY BY City Manager Its Mayor Approved As To Form: BY Its Clerk GLADSTONE FIRE DEPARTMENT Don Lais, City Attorney BY Its Chief BY Its Secretary MEMORANDUM TO: Mayor and City Council FROM: Planning Commission Chairman SUBJECT: 1981 Annual Report DATE: January 4, 1982 1981 was a busy and successful year for the . Pl anni ng Commission. The Commi ssi on considered 74 development related applic ations , the Critical Area Plan, and seven code amendments. The Commission completed work on the Plan Update, held four neighborhood meetings on the Plan Update, and enclosedforwardedittotheMetropolitanCouncil. The encl o report lists thep year's activities. 1982 should als o be a bus y year. The Commission intends to finalize the Plan Update for Council approval, and begin work on revising the City zoning ordinance and map. This will be essential to implementing the Plan Update. i ssi on has a reci ated the past support of the Council and booksTheCommpp forward to a conti nui n close relationship in 1982. If the Council has 0 9 any suggestionsestions for our 1982 work program, we would appreciate hearing from you. Planning Commission Annual Report —1981 DATE ITEM PLANNING COMMISS 1 -05 -81 Variance (lot width & area) 1279 Ripley (Farrell) Easement Vacation (sewer) Maple Greens 3rd Addition Street Vacations (Century & McLean) Meeting with CDRB PUD Revision (Connemara) Plan Amendment Hearing Votel Realty) Critical Area Plan & Regulations 1 -12 -81 Public Hearing on Plan Update - Edgerton School 1 -26 -81 Public Hearing on Plan Update. - Weaver School 2 -02 -81 Revenue Note (Maplewood Dental Specialties) Cope Avenue Revenue Note (Maplewood Business Center Partners) Rosel awn Avenue Code Amendment - RE District White Bear Lake Plan Review Discussion - Plan Amendments proposed at public hearings Election of Vice Chairman 2 -09 -81 Public Hearing on Plan Amendment - Beaver Lake School 2 -23 -81 Public Hearing on Plan Amendment - Carver School Approved /conditions Approved /conditions Approved /conditions CITY COUNCI Denied Approved /conditions Approved /conditions Recommended continu- Amended ordinance - ance of CDRB membership Denial Denied Established .2 -16 -81 Approved No action required No action required Approved /conditions Approved Approved /conditions Approved /conditions Approved /conditions Approved Approved Forward Staff comments Same to White Bear Lake No action Duane Prew No action required No action required 3 -02 -81 Plan Amendment (Votel Realty)Approved Approved 1530 McKnight Rd (RL to RLE) Special Exception (Anderson)Approved /conditions Approved /conditions 1772 Ruth (Home Occupation) Special Exception (Kennedy)Approved /conditions Approved /conditions 3095 McKnight Rd (Home Occupation) Preliminary Plat (Maple Park Approved /conditions Approved /conditions Shores) Cope & Kennard Code Amendment - Maximum Recommended approval Approved Garage Size Variance (garage size)Approved Approved Brooks & Germain Plan Amendments from Recommended various Neighborhood - Hearings changes to Plan Update 3 -16 -81 Variance (lot width)Approved Approved Kohlman Avenue (Behrens) Special Exception (3rd Approved /conditions Approved /conditions. generation) Century Avenue Preliminary Plat (Carsgrove's Approved /conditions Approved vacation Meadows) Street Vacation Tabled plat Cypress) South of "C Keller Parkway Sewer Approved /conditions Approved Plan Update - Water towers Indicate locations in Plan Plan Update - Capital Approved changes Improvement Program Plan Update - Sewer Plan Approved changes 4 -06 -81 Public Hearing - Plan Update Approved Forward to Met Council Sewer Plan Revision Project Omit 901 901 Sewer Plan Revision - Forest/Designate as Gervais Lift Station Project 1004 Plan Update - Parks Element Revised Revenue Note (.Toyota Dealer-Approved /conditions Approved /conditions ship) Maplewood Drive 2_ Street & Alley Vacations Approved Approved r Connor & Hazel (Wessin) Preliminary Plat (Chesterwood)Approved /conditions Approved /conditions McKnight Road - Variances lot width & rear yard setback) Code Amendment - Minimum Tabled until after House Size HRA review s r Variance (dwelling size)Approved Approved Phyl i s Court F r 4 -20 -81 Special Exception (Brown)Approved /conditions Approved /conditions 1700 Frank (Home occupation) Zone Change (F to R -3)Approved Tabled) Woodlynn & McKnight (Nettleton)Approved (7 -16) i Mining Permit - Hazelwood &Approved /conditions Approved /conditions f Beam (Korstad) Preliminary. Plat, Variances,Approved plat, vari -Approved/conditions lot frontage) Street Vacation ances & portion of Sandhurst)Sandhurst /conditions Variance (sewage system) Zone Deny zone change Denied Change, (F to R -2) 750 Viking Deny variance 2 Plan Amendment - Schwichtenberg Set hearing date E, Addition Revenue Note Review Requested Council Approved review all requests 5 -18 -81 Special Use Permit (dwelling Approved Approved addition) 1237 E. County Rd. C Special Use Permit (dwelling Approved Approved addition) 1247 Kohl man Linwood Avenue U t i l i t i e s Consistent with Approved Plan Forest Street Improvement Consistent with Plan Denied Project revision to Plan Preliminary Plat - Carsgroves Approved /condi ti ons Meadow 2nd Addition - Variance lot frontage Special Use Permit - Parkside Approved Approved Fire Station (addition) 3- 1 7 -24 -81 Phan Update Additions Forward to Met Council SUP (motel /restaurant) Approved /conditions Century Avenue (Turnpike Properties) SUP /Special Exception (office- Approved /conditions warehouse) Gervais Avenue Airport Partnership) Forward to Met Council Approved /conditions Approved /conditions Highway 61 & 36 Improvements Approved Approved St. Paul Plan Review Forward Staff comments Forward Staff comments Code Amendment - Minimum Lot Approved Frontage Date - Plan Amendment Set 8 -3 -81Hearing Woodlynn Avenue) 8 -03 -81 Plan Amendment (RL to Rm)Approved Approved Woodlynn Avenue (Nettleton) Special Exception (Home Approved /conditions.Approved /conditions Occupation) 1758 Clarence Johnson) Plan Amendment (RL to RLE)Approved /conditions Schwichtenberg Addition P.UD /Plat /Variances Tabled Schwichtenberg Addition Special Exception (Home Approved /conditions Approved /conditions Occupation) 1780 Ruth (Krueger) Special Exception (Home Approved /conditions Approved /conditions Occupation) 1915 Manton MacFarlane) 8 -17 -81 Zone Change (LBC to BC) White Approved Approved Bear Avenue (White Bear Avenue Associates) SUP - 1870 Beam (Pizza Time Approved /conditions Approved /conditions Theatre) Code Amendment - Motor Fuel Approved Approved Station Plan Amendment Hearing -Set 9 -21 -81 Maplewood Heights 5- 9 -21 -81 Plan Amendment (Rh, Rm & SC to RL) Woodl ynn , Lydia, "D" Plan Amendment - 1990 Development Phasing Plan Plan Amendment - I494 /Century Interchange Variance (side yard) 1280 Ripley (Rettner) Variance (lot width) 1821 Howard (Lepsche) Special Exception /Variance parking) Pizza Time Theatre - White Bear Avenue 10 -05 -81 Plan Amendment - 1985 R 1990 Land Use Projections Zone Change (F to BC) County Road "D" (Chute) Easement Vacation (utility) 5th Street (Staff) City -wide Review of Potential RE Zones Resolution to EQB Code Amendment - Minimum Floor Areas (detached single family dwellings) Shorel and Moratorium Plan Amendment Hearing - McKnight, south of Larpenteur 10 -19 -81 Plan Amendment - (Rm, Bw to RL) Hillcrest Dev. Property Special Exception - The Circum (Mall) Zone Change (F to LBC) White Bear & 11th Code Amendment - accessory apts in single family 6- Rh to Rm SC toRM Continued Heari ng 10 -5 -81 Omit Interchange SC to RL except BC area Approved Denied Approved /conditions Forward to Met Council Approved Approved Tabled Approved Approved No action Established 10-19-81 Tabled Approved /conditions Approved Approved Approved Same Approved Denied Approved /conditions Forward to Met Council Approved Approved Approved Approved /conditions Approved 10 -26 -81 Special Meeting with Council & CDRB 11 -02 -81 Zone Change (F to RE) Beam Deny Avenue, west of Highway 61 SUP /Variance /Plat /Street Tabled plat Vacation (Beam Lakeside) Voya Piletich Subdivision Ordinance Approval Revisions 12 -07 -81 Plan Amendment (LSC)Approved Tabled Highway 61, Beam Avenue, County Road D Zone Change (F & M -1 to RE -20)No action No action Highway 61, Beam Avenue,' County Road D Special Exception (Twin City Approved Approved Obstetrics) Highway 61 Street Vacation - Tierney Approved /conditions Zone Change (F to LBC)Approved Approved White Bear Avenue, south of Radatz (Maplewood Project Assoc.) Zone Change (LBC to BC)Approved /conditions Approved /conditions Preliminary Plat & Easement Vacation (Maple Ridge Mall) Washington County Plan Review Forward comments Forward comments Preliminary Plat & Street Approved moratorium Approved /Council Vacation, Beam Lakeside Addn.No action on plat &conditions street vacation 0 7_ 1 NAME 5 1 / 12 1 26 2 2 2 9 2 23 3 2 3 16 4 6 4 20 5 18 6 77/* 7 15 b 02 8 3 8 9/21 10 1 1'/11 9 12L Z 12/ 7 Z1 Axdahl Barrett A i A A A A'A A Ellefson A A A A A A A Fischer A Hejny Howard A A A A A A a A A Ki shel A A A A A A Pellish I A Prew A A A Sletten Whitcomb A A A A A A 0 0 W oc w z Q 0 w d z O 0 U z z z Q J a TO: Mayor and City Council FROM: Tony Phi 11 i ppi , Chai rman - Communi ty Des i gn Revi ew,;:Board SUBJECT: Annual Report DATE January 12, 1982 Over the past year - `the Community Design Review Board had been faced with the problem of an incomplete membership.. This shortage made it difficult at times to obtain a quorum to address the regular applications which were presented. Fortunately, however, as of November 10, 1981, the Board has been operating under full membership and is now able to devote attention to special areas which require review. In 1982 the Board will be directing their attention to the following things: 1 A review of the minimum building design standards for new construction, such as giving special attention to the control of metal pole buildings in the City. 2. Establishing specific landscaping gui del i nes. Please find the enclosed Community Design Review Board annual report for your review and acceptance. Community Design Review Board Annual Report - 1981 1 -05 -81 Interviewed Robert Folley Recommended appointment 2 -10 -81 Landscaping Plan - Sherwin Williams Approved /condi ti ons Store - (Construction 70) Cave's Century Addition Quad Homes -Approved /conditions Building /Site Review Sign Plan Amendment (Snyder Drug) -n; 9Approvednorthfacingsign; Keller Lake Shopping Center deny 3 message panels Apa- rtment Building /Site Review -Approved /conditions Beebe Road (George King & Carl Swenson) Billboard Ordinance Tabled 2- 24 -1 Maple Park Shores - Landscaping Plan Approved /conditions Cope Avenue) Billboard Ordinance Recommended amending Section 818 Election 'of Chairman Ton Phi l l i iTonyPP 4 -14 -81 Temporary Trailer - Group Health -A roved condi 'pp / Mons White Bear Avenue 5 -12 -81 Landscape Plans - Knowl ans -Tabled Stillwater Road Parksi de Fire Station Addition -Approved /condi ti ons McMenemy 5 -26 -81 Landscape Plan - Knowlans -Approved/conditions S t i l l w a t e r Road Landscaping Plan - Datsun Dealership -Approved /condi ti ons Highway 61 3M National Advertising Company - Siam -A PP roved /conditions Highway 36 6 -23 -81 K -Mart Service Station Remodel -A roved condi ti onsPP / Van Dyke & North St. Paul Road Warehouse Building /Site Review -Approved /conditions Frost Avenue (Gladstone Construction) 3M Company - Cooling Tower Approved 7 -14 -81 Landscaping Plan - Concordia Arms -Approved/conditions Lydia Avenue Sign Variance - Health Resources -Approved /condi ti ons Hazelwood Avenue T Interviewed Tom Deans Recommehded appointmentPP 7 -28 -81 Billboard - Highway 36 & 61 -Tabled Naegele Linwood Heights Townhomes - Building/Approved/ PP / condi ti ons Site Review - Castle Design Schroeder M i l k Building/Site Review -A roved /condi ti onsPP Rice Street Mapl ewood Mal 1 - Billboard Renewal Approved 8 -11 -81 Billboard - Kohl man & Highway 61 Approved/ condi ti ons Farview Sign Office /Warehouse Building/Site Review -Approved/conditions Gervai s & Germain - (Airport Partnership) Building/Site Review - Quad Units Votei Approved/conditions Realty) - McKnight Road Temporary Sign - 3000 White Bear Approved for 15 days Avenue (Buck's) 9 -08 -81 Maplewood East Shopping Center Building/,,Deny (parking situation Site Review - White Bear Avenue 9 -22 -81 Landscaping Plan - Carlton Racquetball Approved /condi ti ons Club Temporary Bank - Rice Street - Western Approved /condi ti ons State Bank Double Dwelling - McKnight Road (Wirsig)Tabled 10 -13 -81 Double Dwelling - McKnight & Highwood Approved/ PP / conditions Wirsig) Double Dwellings - Southlawn Drive A roved /conditionsPP Schreier) Car Wash Building /Site Review - County Approved /conditions Road D - (Montpetit) 10-27-81 Trailer Home..- Mount Zion Temple -Approved/ condi ti ons Payne Avenue (Cemetery) 2- t 10 - -81 Maplewood East Shopping Center - White A roved condi ti ons con t.Bear Avenue - Building /Site Review Curbing Alternatives Alternative acce P table 11 - -81 Cricket Inn Bu Review -Approved cPP / ondi ti ons Century Avenue (Turnpik Properties) 11 - 24 -81 Storage Building - Keller Golf Course A roved condi ti onsPP / Twin City Obstetrics - Building/Site Approved/conditions Review - Highway 6.1 12 -8 -81 Sign Plan - White Bear Avenue Approved /conditions Associates - Maplewood East Maplewood Dental Specialists Building/Approved /conditions i Site Review (White Bear Avenue & 11th) i Building Addition - 3M Building #210 Approved 12 -22 -Maplewood Family Practi Cl Tabled Sign Variance - 1814 N. St. Paul Rd. McKnight Townhomes - Sign Variance Approved384S. McKnight Road 3- NAME PhillipPi 115 P 110 A 24 P 14 P 12 P 26 P b/23 P 114 P 28 P 8/1111 A 8 A 91 22 P 10/ 13 P 10/ 27 P 11/ 10 P 11/ 24 P 121 8 A 121 29 P Lydon P P P A A P P P P P P P P A Moe (a)aP p p p P P P P A P R P P P P P P Fo11eY (a)P P P P P P P P P P P A P P q P P Deans (b) P P P P P p p P P Hedlund (C) P P P P Herauf (d)p 3jolander (e)P P P P P A a appointe b appoynte c appotnte Ja Au No uar ust emb 22 6, J981 r 5 19 19 1 1 d) e) resi resigne gned Fe June rua 2 y 1 1 1981 81 0 Q 0 m w 0 w w c0-1 = t'3 U z cn < w o o z w z L 0 V H Resources, In sm A Holding Corporation for Medical, Health & Hospital Services December 11, 19 81 T Dear Friend: I are pleased to have this opportunity to announce to community leaders, local Bove anent , o rg ani z at ions , health care providers, businesses and churches the newest development in the continuing efforts of Health Resources and St. John's Hospital to provide health services to the East Metropolitan Area. As many of you are aware, St. John's Hospital serves St. Paul's East Side and the communities to the north and northeast. The lack of a hospital facility centrally located within this service area, providing convenient and equal access to all the commnities served by St. John's , has long been a concern of this organization. This concern has been reflected in the long -range plans of the hospital and discussed widely with the communitiesnities we serve, local chambers, the health planning board and in the. local media. This planning has been and enhanced by the internal re- organization of the hospital which included the formation of the parent corporation, Health Resources, Inc. and related subsidiaries. Health Resources and St. John's Hospital now actively pursue a multi- organizational approach to a wider range of health care needs and services than previously possible. These services include: senior housing; senior services; shared services* transportation and, of course, medical/ hospital services. Y As a result of these efforts, this week we are announcing the first phase in the development of a site located on a portion of 31 acres on the corner of Hazelwood and Beane Avenues in Maplewood, (Site location and plan is attached.) This first phase in the development of a full - service health care campus will include 1) The Kennard Professional Building (Kennard St. F Beam Ave.): a medical office building providing comm access to some 25 to 30 physician specialists. 2) The Health Resource Center including: An Urgent Care Center (Designed to provide 24 -hour emergency medical services given demand) Same -Day Surgery other medical services including: sports medicine (for the treatment ' and prevention of sports - related injuries) ; physical therapy; neuro- diagnostic testing; cardiopulmonary services and radiology. Construction for this approximately $4 million facility could begin as early as May, 1982. An application for a certificate of need for the urgent care center and same-day surgery will be considered this January by the Metropolitan Health Board. Certificate of need approval is necessary before certain service components can be included in the project. Health Resources has already begun to work with the City of Maplewood for the necessary permissions. Health Resource Center • 2696 Hazelwood Avenue ® Maplewood, Minnesota 55109 612) 770 -9133 i a c a 4 v 0 0 3 a Future Expansion NNW N 0 2 bO 100 C Beam Avenue r I i N 0 2 bO 100 C Beam Avenue NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota will meet at the City Hall in the City of Maplewood, Minnesota at -7:00 P.M. on Jan uary 21, 1982 to consider the proposal that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. The project consists of the acquisition of land and the construction and equipping of an ambulatory care center, including a surgery center, an emergency center and physical medicine, at the NE corner of Beam Avenue and Hazelwood Avenue, within the City of Maplewood, Minnesota. The estimated principal amount of bonds or other obligations to be issued to finance this project is $7,153,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project., together with all attachments and exhibits thereto, is availabel for public inspection beginning Jan— uary 6, 1982, from 8:,00 A.M. to 5:00 P.M., Monday through Friday, at the City Hall in Maplewood. At the time and place fixed for said Pulbic Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 17th day of December, 1981. BY ORDER OF THE CITY COUNCIL) By /s/ Lucille Aurel City Clerk Publish: January 6, 1981 (Maplewood Review) ph STATE OF MINNESOTA DEPARTMENT OF COMMERCE -- SECURITIES DIVISION APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT Date To: Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, Minnesota 55101 The governing body of Maplewood County oaf Ramse Mi.nne so!ta , hereby applies to the Commissioner of the State of Minnesota,, r Securities Division of the Department of Commerce, for approval of this com- munity's proposed municipal Industrial Revenue Bond Issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FIRM Health Resource Center, Inc. ADDRESS 2696 Hazelwood Avenue CITY Mapl ewbod STATE Minnesota 55109 State of Incorporation Minnesota H 1400 Northwestern N' tl.. Bank BldgAttorneyMoore, Costello & cdress gY . -- 5 F_ Fifth .._.S_h re t St. Paul, Minnesota Name of Project Health Resource Center,, This firm is engaged primarily in (nature of business): health care services The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project) : the acquisition of land and the cons t c ion and equipping thereon of an ambulatory ' center, and emergenc center, and physical inedicine. It will be locate In Mal?lewood Minnesota The total bond issue will be approximately $ 7,153,000 to be applied toward payment of costs now estimated as follows: Cost Item Land Acquisition and Site Development Construction Contracts Equipment Acquisition and Installation Architectural and Engineering Fees Legal Fees Interest during Construction Initial Bond Reserve Contingencies Bond Discount Other Amount 900,000 3,000,000 1,100,000 300 ,000 60,000 11170r000 r 250 000 338, 35, 000 s RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF All APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS ` IN CONNECTION WITH SAID PROJECT W E REAS , a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; c) The City Council of the City of t4aplewood the City ") has received from Health Resource Center, Inc. a corporation organized under the laws of the Mate of Minnesota the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; e) Company is currently engaged in the business of health care services. The Project to be financed by the Revenue Bonds is an ambulatory care facility to be located in the City and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, . and will result in the em- ployment of 60 additional persons to work within the new facilities; f) The City has been advised by representa- tives of Company that conventional, commaercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low bor- rowing cost, the Project is economically more feasible g) Pursuant to a resolution of the City Council adopted on January 17, 1982, a public hearing on the Project was held on January 21, 1982, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota ,Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; h) No public official of the .City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: l . The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act Chapter 474, Minnesota Statutes) , consisting of the acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations.described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues su f f is lent to pay, when due, the principal of and interest on the Revenue Bonds in the total principal amount of approximately $7,153,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. on the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision lc of Section 474.02 of the Act; that the Project furthers the. purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial - inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is the City subject to the missioner of Securities approval by this Counci Revenue Bonds as to the the Project; hereby given preliminary approval by approval of the Project by the Com- and Real Estate, and subject to final 1, Company, and the purchaser of the ultimate details of the financing of 4. In accordance with Subdivision 7a of Section 474.01 Minnesota :Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and Real Estate, requesting her ap- proval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; 5 . Company has agreed and-it is hereby determined that any and all costs .incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; _ 6. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of. the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared-pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the.revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner of Securities and Real. Estate and the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the - Revenue Bonds as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 9 . If construction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn. Adopted by the City Council of the City of T- Zaplewood j Minnesota, this day of 19320 = Mayor Attest: City Clerk k aV STATE OF MINNESO'T'A COUNTY OF RAMSEY CITY OF MAPLEWOOD T I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval to a medical facilities project. WITNESS my hand and the seal of said City this day of 19820 City Clerk SEAL) Cit Letterhead] Ms. Mar Alice Broph Commissioner of Securities and Real Estate Minnesota Department of Commerce Securities Division Metro S Buildin Ste Paul, Minnesota 55101 Re: Cit of Maplewood Medical Facilit Revenue Bonds (Health Resource Center, Inc* Project) Dear Ms. Broph Attached hereto in duplicate is the application of the Cit of Maplewood for approval of the above referenced project includin a copy of the Preliminar Resolution adopted b the Cit Council* As indicated in the attached Preliminar Resolu- tion, we believe that this Project full meets the public purpose re of Minnesota Statutes, Chapter 4749 In particular, this accomplishrojectwill an expansion of the A. L communit tax base b addition of facilities worth more than 7,153,000 and will provide our citizens with immediate access to greatly needed ambulator care facilities. Emplo from the pro should result in up to 60 emplo Finall we believe that the project will serve the interests of the communit b diversif the commercial base and would help to dampen the severit of an general economic downturns* Reference is made to the Preliminar Resolution for a more definitive statement of the public purposes served b the financin The Project does not contain an propert to be sold or affixed or consumed in the production of propert for sale, and does not include an housin facilit to be rented or used as a permanent residence* The Cit has complied with the notice and hearin re of Minnesota Statutes, Section 474.01, as amended, and agrees it will comply with the reporting requirements set forth in Minnesota Statutes, Section 474.01, Subdivision 8.. The public hearing was held on January 21, 1982. at P.M. at the. City Hall in Maplewood, and all interested parties were afforded an opportunity to express their views. We respectfully request your prompt approval of the project under the provisions of Minnesota Statutes, -Chapter 474. Very truly yours, CITY OF MAPLEWOOD By Its Mayor Briggs and Morgan Stationery] Mse Mary Alice Brophy Commissioner of Securities and Real Estate Minnesota Department of Commerce Securities Division Metro Square Building St. Paul, Minnesota 55.101 4 Re: City of Maplewood -- Medical Facility Revenue Bonds (Health Resource Center, Inc. Project) Dear Ms..,, Brophy: This is to advise you that our firm has reviewed the attached resolution, the feasibility letter of McCladrey & Hendrickson, the application of the City of Maplewood and the letter of transmittal from the City. Based upon a review of that material it is our ooinion that t1Ae Project referred to therein constitutes a project within the meaning of Minnesota Statutes, Section 474.02, Subdivision lc and that the proposed financing thereof in the form of .bonds (the "Bonds ") as set forth in the attached resolution is authorized by law. Please do not hesitate to give me a call if there are any questions. Very truly yours, Mary L. Ippel Enclosures 0 J T I lei l' [McGladrey & Hendrickson Letterhead] 1 h Honorable Mayor and City Council City Hall 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Proposed Issuance of Medical Facility Revenue Bonds of the city of Maplewood, Minnesota (Health Resource Center, Inc., Project) Gentlemen: At the request of Health Resource Center, Inc*, we have conducted a study of the economic feasibility of the proposal that the City of Maplewood issue one or more of its revenue bonds under the provisions of the Minnesota Municipal. Industrial Development Act to provide funds for the acquisition and construction of an ambulatory care facility located within the City of Maplewood, to be owned by Health Resource Center, Inc. Our study has led us to the conclusion that on the basis *of current financial conditions, the Project is economically feasible and the revenue bond (s) of the City can be successfully' .issued and sold* We understand a copy of this letter will be forwarded by the Maplewood City Mayor to the Co ni s s loner of Securities and Real Estate of the State of Minnesota to serve as the letter of feasibility required by the Co- rmnissioner. Very truly yours, By Its NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL b FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota will meet at the City Hall in the City of Maplewood, Minnesota at _7:00 P.M. on Jan - uary 21, 1982, to consider the proposal that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. The project will consist of the construction and equipping o a medical office building to be located at the NE corner of Beam Avenue and Hazel- wood Avenue within the City of Maplewood, Minnesota. The estimated principal. amount of bonds or other obligations to be issued to finance this project is $3,970,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities and Real Estate, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning Jan- uary b, 1982, from 8:00 a.m. to 5 :00 p.m., Monday through Friday, at the City Hall in Maplewood. At the time and place fixed for said Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 17th day of December, 1981. BY ORDER OF THE CITY COUNCIL) W* By /s/ Lucille Aurelius City Clerk Publish: January b, 1982 (Maplewood Review) STATE OF MINNESOTA DEPARTMENT OF COMMERCE SECURITIES DIVISION APPLICATION FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT Date To: = Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, Minnesota 55101 The governing body of Maplewood County of Ramsey Minne so hereby applies to the Commissioner of the State of Minnesota, Securities Division of the Department of Commerce, for approval of this com- munity's proposed municipal. Industrial Revenue Bond Issue, as required by Section 1, Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FIRM Health Resource Center, Inc. ADDRESS 2696 Hazelwood Avenue CITY Maplewood STATE Minnesota 55109 State of Incorporation Minnesota H 1400 Northwestern N' t1. Bank Bldg Attorne Moore Costello & a ]V&dre s s 55 E.- Eifth-s-treet- St. Paul, Minnesota Name of Project Health Resource Cen This firm is engagedaed primarily in (nature of business): heal.th care services The funds received from the sale of t the Industrial Revenue Bonds will be used to general nature of project) : the acquisition of 1 -ind and the cons-truQtion and equipping thereon of an ambulato center, and emergenc center, and physical 1n!edicine. It will be locate in Ma lewood The total bond issue will be approximately $ 7 to be Ppapplied toward payment of costs now estimated as follows: Cost Item Land Acquisition and Site Development Construction Contracts Equipment Acquisition and Installation Architectural and Engineering Fees Legal Fees Interest during Construction Initial Bond Reserve Contingencies Bond Discount* Other Amount 900,000 3,000,000 1,100, 000 _ 300. ' . 00 60,000 250,000 338r000 35, 000 M RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARA'T'ION OF NECESSARY DOCUME14TS AND MATERIALS - IN CONNECTION WITH SAID PROJECT T%7HEREAS , a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far -as possible the emergence of blighted and marginal lands and areas of chronic unemployment; b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; c) The City Council of the City of Maplewood the City ") has received from Health Resource Center, Inc.,, a corporation organized under the laws of the State of Minnesota the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this .resolution as "Revenue Bonds" pursuant to the Act; d) The City desires to - facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will w assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; s. e) Company is currently engaged in the business of health care services. The Project to be financed by the Revenue Bonds is an ambulatory care facility "to be located in the City and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the em- ployment of 60 additional persons to work within the new facilities; f) The City has been advised by representa- tives of Company that conventional, commnercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council Vhat with the aid of municipal financing, and its resulting low bor- rowing cost, the Project is economically more feasible; g) Pursuant to a resolution of the City Council adopted on January 17, 1982, a public hearing on the Project was held on January 21, 1982, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; h) No public official of the City has either a direct or ,indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act Chapter 474, Minnesota Statutes) , consisting of the acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the R- evenue Bonds in the total principal amount of approximately $7,153,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be, mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. on the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision lc of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help. the City retain.and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is the City subject to the missi.oner of Securities approval by this Counci Revenue Bonds as to the the Project; hereby given preliminary approval by approval of the Project by the Corn - and Real Estate, and subject to final 1, Company, and the purchaser of the ultimate details of the financing of 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and Real Estate, requesting her ap- proval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; i 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or, not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparAtion and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7.. Nothing in this resolution or in t1he documents pre-- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose* The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay, the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof* The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner of Securities and Real Estate and the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 9. If construction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn. Adopted by the City Council of- the City of Maplewood, Minnesota, this day of 1982. -- a Attest Mayor City Clerk a STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes wit1h the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to a resolution giving preliminary approval to a medical facilities.project. WITNESS, my hand and the seal of said City this day of , 1982 City Clerk SEAL) 4 G. City' s Letterhead] Ms. Mary Alice Brophy _ Commissioner of Securities and Real Estate Minnesota Department of Commerce Securities Division Metro Square Building St. Paul, Minnesota 55101 Re: City of Maplewood medical Facility Revenue Bonds (Health Re source Center, Inc* Project) Dear Ms. Brophy: Attached hereto in duplicate is the application of the City of Maplewood for approval of the above referenced project including a copy of the Preliminary Resolution adopted by the City Council. As indicated in the attached Preliminary Resolu- tion, we believe that this Project fully meets the public purpose requirements of Minnesota Statutes, Chapter 474. In particular, this project will accomplish an expansion of the community's tax base by addition of facilities worth more than 7,15.3,000 and will provide our citizens with immediate access to greatly needed ambulatory care facilities. Employment from the project should result in up to 60 employees. Finally, we believe that the project will serve the interests of the community by diversifying the commercial base and would help to dampen the severity of.any general economic downturns. Reference is made to the Preliminary Resolution for a more definitive statement of the public purposes served by the financing. The Project does not contain any property to be sold or affixed or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. Th'e City has complied with the notice and hearing requirements of Minnesota Statutes, Section 474.01, as * amended, and agrees it will comply with the reporting requirements set forth in Minnesota Statutes, Section 474.01, Subdivision 8. The public hearing was held on January 21, 1982 at P.M. at b the City Hall 'in Maplewood, and all - interested parties were afforded an opportunity to express their views. We respectfully request your prompt approval of the project under the provisions of Minnesota Statutes, Ehapter 474. Very truly yours, OI'L'Y OF MAPLEWOOD By Its Mayor Briggs and Morgan Stationery] Ms. Mary Alice Brophy Commissioner of Securities and Real Estate Minnesota Department of Commerce Securities Division Metro Square Building St. Paul, Minnesota 55101 Re: City of Maplewood - Medical Facility Revenue Bonds (Health Resource Center, Inc. Project) Dear Ms . Brophy: This is to advise you that our firm has reviewed the attached resolution, the feasibility letter of McGladrey & Hendrickson, the application of the City of Maplewood and the letter of transmittal from the City. Based upon a review of that material it is our opinion that the Project referred to therein constitutes a project within the meaning of Minnesota 0 ""'tatutes, Section 474.02, Subdivision lc and that the proposed financing thereof in the . form of bonds (the "Bonds ") as set forth in the attached resolution is authorized by law. Please do not hesitate to give me a call if there are any questions. Very truly yours, Mary L-w. Ippel Enclosures i Q McGladrey & Hendrickson Letterhead] Honorable Mayor and City Council _ City Hall 1380 Frost Avenue Maplewood, Minnesota 55109 Re: Proposed Issuance of Medical Facility Revenue Bonds of the City of Maplewood, Minnesota (Health Resource Center, Inc., Project) Gentlemen: At the request of Health Resource Center, Inc*, we have conducted a study of the economic feasibility of the proposal that the City of Maplewood issue one or more of its revenue bonds under the provisions of the Minnesota Municipal Industrial Development Act to provide funds for the acquisition and construction of an ambulatory care facility located within the City of Maplewood, to be owned by Health Resource Center, Inc. Our study has led us to the conclusion that on the basis of current financial conditions, the Project is economically feasible and the revenue bond(s) of the City can be successfully issued and sold. We understand a copy of thin letter will be forwarded by the Maplewood City Mayor to the Commissioner of Securities and Real Estate of the State of Minnesota to serve as the Letter of feasibility required by the Commissioner. Very truly yours, By Its 3 4 December 18, 1981 STAFF REPORT - To: City Manager Barry Evans From: Deputy Chief f P r•p y o Policece Thomas L. Hagen 1 Subject: On -Sale Liquor License Application of David Paul Schmitt, dba Esteban' s, Maplewood Mall Lot 15 A background investigation of Mr. Schmitt has been completed. We find nothing which would preclud his being eligible for an on -sale liquorlicense. TLH :js cc City Clerk Liquor File 81- 014770 y CITY OF MAPLEWOOD APPLJCAT I ON FOIE INTOXICATING LIQUOR LICENSE THIS APPLICATION SHALL BE SUB!N1ITTED IN DUPLICATE. Whoever shall knowingly and wilfully falsify the answers to the following uestionnairdeemedguilty' of perjury and shall be punished accordingly.Q e shall be In answering the following questions "APPLICANTS" shall be governed8 as follows: Fora Cor-poration one officer shall execute this application for all officers, directors and stockholders. For am-i -ship one of the "'A I'll LICA.NTS" sh artnP ershallexecutethisapplicationforallmembersoftheph EVERY QUESTION MUST BE ANSWERED 1. I, David P - Schmitt Rs _ Mana_g Ind.ividual owner, officer or partner) for and in behalf of H imsel f l,ert'by aPi,ly for an on Sale Intoxicating Liquor License to be located at LuCa.ti J s ha of lot 15, Maple Mall in the City ofGiveaddressandlegaldescription) M. County of Ramsey, State of Minnesota, in accordance with the provisions of 0 dr i Hance No. 95 of ?Maplewood. 2. Give applicants' date of birth: na su (i P a 1l 1 _q chmitt_ nay) _ ._A nt " h - - -Year) 3. The residence for each of the applicants named Herein for the Past five years is as follows: 3630 Everest A Apply Val MN 55124 4844 3 th Aven South Minneapoli MN 4. Is the applicant a citizen of the United States ?— Yp- __-_ -- _ If naturalized state date and place of naturalization If a corporation or partnership, state citizenship including naturalization of each officer or partner. The Person u•iio executes th' 41f2lI' do shall give wife's or husband's full name and address. q - q - Barbara AN 13630 Everest Avenue, Apply Valle Y• MN -%"! E. What occupations have applicant and associates in this application followed for the asp t five years?Esteban' s Mexican Foods, Inc, - Restaurant Business Magic Pan - Restaurant Business Chouette --- Restevrent --$vs i-ness douse of Lords - Restaurant Business r • 7. If partnership, state name and address of each partner._—_ — If a corporation, date of incorporation —__ _ state in which incorlwrat.ed___ _ :__ __ _ amount of authorized capitalization amount of paid in capital if a subsidiary of any other corporation, so state__ — - give purlxose of corporation - - - -- -- -- - - - - - - -- - - rame and -iddress of all officers, directors and stockholders and the number of shares held by each: Nainc) - - - - -- . - - -- - ._.._(Address) - -- - - -• -- — - _.` - - - -- (City) If incorporated under the laws of another state, is corporation authorized to do business in this State? _ . Number of certificate of authority _ If this application is for a new Corporation, include a certified copy of Articles of Incorporation and By-Laws. R. On what floor is the establishment located, or to be located? _- .Fi.r 9. If operating under a zoning ordinance, how is the location of the building classified? Zon LL)r restaurant _ Is the building located '%vithin the prescribed area for such license? Yes 10. Is the establishment located near an academy, college, university, church, grade or high school? State the approximate distance of the establishment from such school or churc to 314 mile 11. State name and address of owner of building Wood ri.nry Coma Sn11th Os.7 sso Blvd., St . Paul, MN ` 51 ? ? has owner of building n connection direc or in-fi Y Y directly, with applicant ? -- =- No 12. Are the taxes on the above property delinquent? —Nnn 13. State whether applicant, or any of his associates in this application, have ever had an application for a Liquor License rejected by any municipality or State authority; if so, give date and details 14. Has the applicant, or any of his associates in this application, during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give date and details No 15.State whether applicant, or any of his associates in this application, during that past five years were ever convicted of any Liquor Law violations or any crime in this state, or any other state, or under Federal Laws, and if so, give date and details_. N 16.Is applicant, or any of his associates in this application, a member of the governing body of the municipality in tichich this license is to be issued? -._N . If so, in what capacity? 17.Mate whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment in the premises for which license is applied, and if so, give names and details No IS.Have applicants any interest whatsoever, directly oi• indirec in ally other liquor establishment in the State of 'Minnesota? No . Give name and address of such establishment 10.Furnish the names and addresses of at least three business references, including one bank refer -Esteban's Mexican Focds, Inc. 903 Marquette Avenue South ence._ iN-Qr -S.ide-s_flnmunityStater Bank -i- 1BD1_-Aiv-excide—Ayenue`__ _ G r i gs— QpP , —MIL Monarch Foodser 90.Do you possess a retail dealer's identification card issued by the Liquor Control Commissioner which will expire December 31st of this year? Give number of same - _ 21.Does applicant intend to sell intoxicating liquor to other than the consum No 22.State whether applicant intends to possess, operate or permit the possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice, gam- bling device and apparatus or permit any gambling therei -- No 23.Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establishment? Yes 2.1.State trade name to be use Esteban' s Of Maplewood , Inc. 25.State name of person that will operate store— David Schmitt 20.Give Federal Retail Liquor Dealer's Tax Stamp Number Appl ied f or 27. If off sale license is being applied for, do you intend to deliver liquor by vehicle? No If so state number of motor vehicle permits issued by Liquor Control Commissioner for current year No 28. If you are building a new building for the purposes for which this application is being made, Please submit plans and specifications with this application. 29. Financing of the construction of this building will be as follows: Cash_ all iLn- Pr.Qv _Qmes over and abov-e__the l s : iie b.y.- thC, — bu-i_lding _Q_W_n_e - 30. Furnish a personal financial statement v. this application. If a partnership, furnish financial state- ment of each partner. 31. Give description of t3 >e of operation if this is an on -sale license application (i.e. whether cock - tail loom ge, nite club, restaurant, etc., specifying capacity by number of customers and anv other pertinent data). Restaurant spe in Mexican Food. What In •ious (•xj)vrie:lce have you had in the operation of the type of business described in the 011swer to No. 31 ahove General Manaqer of two (2) Esteban' s Restaurants Applicant, and his associates in this application, %S strictly Comply with all the laws of the SL-IteOfMil,nesuta 90NTI tale taxation and the sale of intoxicating liquor; rules and regulationspromulgatedbytheI.iquor Control Commissioner; and all ordinances of the municipality; andIherebycertifythatIhavereadtheforegoingquestionsandthattheanswerstosaidquestionsaretrueofmyownknowledge. r' • •, , - - -- Sub.-cribcd and sworn to before me this (Signature of Applicant) day of /) • , .• it. 1yr ...•/ 19 ` AA&&wv AAA&^* A&-&N A" 'M': !VA&MP %a SHAR N A. GRAY J . .A " •.• . L `l ',7 4116 NiNNEP1Y CO'S1Y Voi u-nmissimt Expires Ags. 19, 19a8 M VWV:: V.'t/J1VVY1 d1/VYI// THIS APPLICATION MUST BE ACC01'IPANIED WITH FOUR CHECK FOR THE FIRST LICENSE, PERIOD. REPORT ON APPLICANT OR APPLICANTS BY POLICE DEPARTMENT This is to certify that the applicant, or his associates named herein have not been convicted with- in the past five Sears for any violation of Laws of . the State of Minnesota, or Municipal Ordinances relating to Intoxicating Liquor, except as hereinafter stated. MAPLE WOOD POLICE DEPARTMENT Approved by:— Title. REPORT ON PREMISES BY FIRE DEPARTMENT This is to certify that the premises herein described have been inspected and that all Laws of the State of Minnesota and Municipal Ordinances relating to Fire Protection have been complied with. MAPLEWOOD FIRE DEPARMMENT Approved by: Title. I CONTACT YOUR REPRESENTATIVE AT THE BANK IF YOU HAVE ANY QUESTIONS REGARDING THE COMPLETION OF THIS FORM YOU !. "AY APPLY FOR A CREDIT EXTENSION OR FINANCIAL ACCOMMODATION INDIVIDUALLY OR JOINTLY WITH A CO- APPLICANT. THIS STATEh1ENT AND ANY APPLICABLE SUPPORTING SCHED- UL`S !.'AY BE CO %IPLETED JOINTLY BY BOTH %TARRIED AND UMOARRIED CO APPLICANTS IF THEIR C r_ ( TS AND LIABILITIES ARE SUFFICIENTLY JOINED SO THAT THE STATEMENT CAN BE MEANING - F AND FAIRLY PRESENTED ON A CO%13INED BASIS; OTHERWISE SEPARATE STATEMENTS AND Ste, E DU LES ARE REQUIRED. ArRLiCAt4T Dav P. Schm 13 Everest Avenue, Apple Valley, M2r, 5 , E SS TELEPHONE N %IBER 423 -2068 { ;/20/50LU _ DATE OF BIRTH PREESENT Ert1PLOYER Esteban' s Mexican Foods ,, NN General ManagerO DR SS 903 Marquette Avenue South, Mpls., MN 55402 n G APP r,t..E L RE 1 L L L Pf iONE tut. -- --- ___ -- DATE Fo BIRTH PRESENT EMPLOYER r _ _ POSITION ADDRESS LATE OF VALUATION t ASSETS t:AMOUNT Round all amounts to the nearest 5100 Attach separate sheet it you need more sr.ice to ccxriplete detail schedule LIABILITIES AMOUNT this Bank _ - 1800100 Notes Payable B (Sched 7) I I t. in Oth -r Banks (Detai _ _ Notes Payable Others (Sca ) I ITwin . City. Coop Credit Union 120 100 Installment Contracts Pava.ble Schedul Due Dept StUr Credit Cards 8 Oth 210001 t e s c I v 1Frr,, 11 ais& Others (Sched. -_— I ' 1 Incor,;e Ta Payab 1 oil Cu'tr fcr Cfcd Own:^ ;. 2} 1 I Gtnet Tax--s ray.nbl 5 _hedL ;le 3) 113 100 c u_ o L sur (_Sche 4) ____ _ 1 I Lca on Lif Insurance Schedul - _ -- edul 4) i a:`IS C_he V l e 5) - _ _ $ 5i 100 Estate G tir n e C r S c h e ' u l e 5? -- '— 1 _ I -__ - l on 11c)-mest;ad (Schedule 6) 56 1 0001 Mc)rtgage or Liens on Other Real E10Z_sZuIass -------upreme - - --3 ( F1 Owned (Schedule 6 ) — r 9 P 1. Jexc urn Ca pr_i_ . -- .- - _ -- $aao !Q _ --- -- -- - - --- - - - -- -- -- i ' , 1 Ut tier Liabilities (Dc;tatier - - - -- l Savings 1p0 IOQ ._ - -, -- ------- - - - - - --- 300__aUTALLILI _1 1 Gt ^ A: _ L Total L lab: l i t ies) TOTAL 99 00 100 1 ,3r' I 99 00 0TOTAL L ItiL,j,'i :.r ^ t iCA*NT CC`- APPLICANT COINTINGE - NT LIABILITIES A -0001 Op - _ _- i -._ -- - - - - -- --------- - - - - -- .._ - -- - - -- - -- - - - - - - -- - -_ ---- - - -- - - - --- __--_A As Guarantor.. .. ---- - - - - -- - - - -- -- - ------- - - - - -- -- - -- - -- I 1 1 i _ For Taxes Other DetaiJ 1 I 1 — c cu nE not i 1.11t yo .. K15tj Check her i None TOTAL 4 3;000'0 1 1 TOTAL CONTINGENT INCO'.1E I 0 r 0 I r i I LIABILITIES r1 : 'U. F i O %! F R ENDS_ REL & OTHE — 0 ',f- tutor -- _ _Owed To Co How Payable t1 t rau i t Uate - Un d E3, ; an; peg_ -- --- _ ---- - - - - -- -- _--- -_ i per S per t 1 TOTAL 1 r',JL ` 2 'MORTGAGE AND CONTRACTS FOR DEED OVWN — t• _c: of Lxwor _ M T y j: c , of P 1 st or 2nd Lien Ow To How Paya Un zid Balanc Per I Per l 1 per I 1 per 1 1 I TOTAL 1 IFDIJLE -3 SECURITIES OWNED fart-. Or DesCriptipnrt.3unt 4 _ _ S Un ivac - In Wht , se Name(s) Flegistered I Cost Barbara Schmitt 132 X00 E LIFE INSURANCE red insurance Company t Schmit1climit _ Home Life - - - -- TOTA I 1 Present L- listed Market Value U - unlistec 1 1300 00 L 1 30.0! 00 Seneficiary Face Value Policy Cash Vaneof Loans Barbara Schmit 40000 00 - ' ZAL ESTATE Ppert• Title in ':a ^(5) of Monthly Cast -- 'ESent - - -•. r -- -ur t ofIr,ccme Year Acquired Market Value c;;cA Year I Year Year - - -- -- - -- ----- 1 t ; Year ! Year I T S OR _LIENS ON REAL ESTATE How Payable Interest '.!aturi t - Lir ;,aic R a t E Date Mrj r t a __,es T 579.00 : month 10- 2_er _ 4 per -- -- ---. -- - - - -- - -- — 1 c _ Per Lt' BANK & OTHERS AND INSTALL1 CONTRACTS PAYABLE yale Col "lateralrAddress n pa i dorUnsecuredHowPayableLin d. - savings____ _Z 7 o, 7th St M 1 s —_ E3.3 lance p Mid Un secured 15 er mo 607 Smith St. Paul MN 1981 - 255 -- _C a p r i _ - mo 60 5 - — Pe ! _ pe I rr Have you ever gone through bankruptcy or had a judgment aga you? Are any assets pledged or debts secured except as shown? Have you made a will? Nj'.iter. of Dependents l' check None) r, Stc:tus (answer only it this financial statement provided in connection with a request for secured credit or applicant is seeking a joint account with s;.oL:se.) E foregoing statement, submitted for the purpose of obtaining credit, is true and correct in every detail and fairly shows Our financial condition at the time indicated. 11we will give you prompt written notice of any subsequent substantial change in s:;ch financial condition occurring before discharge of my /our obligations to you. 1 1we understand that you will retain this dal `financial statement whether or not you approve the credit in connection with which it is submitted. You are authorized to critic *. my/our credit and employment history or any other information contained herein. APPLICANT CO- .APPLICANT Yes D/No Yes ONo Yes 2No Yes No Yes DNO yes DNo None None tarried t: arried El Separated Separated Unmarried Unmarried Unmarried includes single, divorced widowed) THE UNDERSIGNED CERTIFY THAT THE INFORMATION CONTAINED ON THIS FORM HAS BEEN CAREFULLY REVIEWED AND THAT IT IS TRUE AND CORRECT IN ALL RESPECTS. LJGiC Your Signature Uo•Applicant ignature (iyou are requesting the financial accommodation jointly) NB589LF —Long Form (Rev. 3/771 a : ».,c) Opus &Is »Iwo Co.. "aw UL69. «#..". STATE OE :vi IN SO T A ss. COUNTY JE RA SSEY } I, David Paul Schrzitt, reside at 13630 Everest Avenue, AoDle Valley, I•iinne sota . As manager of Esteban' s of Maolewood, Inc. I do not hold any interest in any other liquor license or establishment. Further Af f iant Sayth not, David Paul Schmitt Subscribed and sworn to before me this day of C u• , 19 L No 6, u b] z c t 1 It yill '/ .; + JV i t MEMORANDUM TO:City Manager — FROM:Director of Community Developmentp SUBJECT:Sign Size Variance LOCATION:McKnight Road and Pond Avenue (Maplewood Lane ) APPLICANT:McKnight Townhomes OWNER:Richard E. Lundberg PROJECT:McKnight Townhomes ' DATE:December 15, 1981 SUMMARY OF THE PROPOSAL Re ues t Approval to erect a 32 square foot Around sign with a six square9q foot extension for a total sign area of 38 square feet. Proposal 1. Refer to the enclosed memorandum dated 11 -16 -81 and p l ans . 2. The proposed sign would replace the existing sign of 'p g g the same size. 3. Setbacks would be complied with CONCLUSION Issues State law requires that two findings must be made prior to the issuance of a variance. First, the variance must be in keeping with the spirit and intent of the ordinance. Staff feels that this is being met. A 32 square foot signwithasixsquaref •q e foot extension does not seem excessive considering the size of the complex it is identifying. Staff feels that the roDosed sign would be appropriate p 9 pp p or the facility and would not be objectionable'a as to size or location. The proposed sign would also help in creating a newer, neater imageforthetownhousecomplex. Secondly, State law requires that it must be found that strict enforcement would cause undue hardship, because of circumstances unique to the individual property.The property has no physical characteristics which would cause a hardship. The ordinance, however, creates that hardship i.n that it does not recognize the need for adequate signage for most multiple residential complexes. An eight square foot sign along McKnight Road in this instance would do little to identify the townhouse complex and may also cause traffic to. sl ow down along9thisminorarterialinordertoreadthesmallersign, which may hazardous. ce 2 1 Recommendation Approval of the sign variance for McKnight Townhomes based on the findings that: 1. The proposed s i gn woul d meet the spi ri t and i nte.nt of the Si gn Code. 2. The proposed sign would be attractive in appearance and would be compatible with .the townhome complex. 2_ q BACKGROUND Site Description 1. Gross Acreage: 20 acres 2. Sign Location Area: 375 square feet (this figure is an estimation of the landscaping area surrounding the proposed sign) 3. Existing Land Use: 190 townhome units 4. Existing Signs: a. "High View Townhouses Rentals" Size: 8 by 4 feet Type: Ground sign Location: McKnight Road and Pond Avenue b. "High View Townhouses - 400 Dori and Drive" Size: 2.5 by 3 feet Type: Wall sign Location: Model unit at 400 Dorl and Drive C. "High View Townhouses - Rentals" Size: 2.5 by 3 feet Type: Ground sign Location: Dorl and Road and Londi n Lane Surrounding Land Uses Northerly: High View Townhouse property Southerly: Pond Avenue. South of Pond Avenue are the Maplewood Gardens Apartments Easterly: High View Townhouses Westerly: McKnight Road DEPARTMENT CONSIDERATIONS Planning 1. Zoni ng: F. Farm-Residence District. This development is covered under a special use permit for a Planned Unit Development. 2. State Law requires that the following findings be made before a variance can be granted: a. Strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. b. The variance would be in keeping with the spirit and intent of the ordinance. 3. Section 818.170 Schedule II of the Sign Ordinance states that the largest freestanding (ground) sign permitted in a Residential district is eight square feet. 3- I:® 4 . The applicant is proposing a.38 square foot sign. 5. The applicant needs a vari ance, therefore, of 30 s uare feet .q Public Safety The location of the proposed sign must not obscure the vision of traffic along McKnight Road, Ens 1. 2. 3. 4. 5 dosed: Location Map Property Line Map Site Plan Sign Plan Applicant's Memorandum dated 11 -16 -81 4- A W-,- 35 - _ == =• UPPER FTO Rp. 16 T2s N R r" 41 :- M M . c LOWER AFTON r. J CL tl? 74 tar R WL ac tt o'a 4) o'a 25 H a Z p D O O O Q 3 A Z O F- a 3 494 25) v LOCATION MAP 4 N Ll 0 (D D '' oil l - -------- - - -- dog Li F % AO m PROPERT ' LINE MAP '0 3 iz I o tv 1 i l i 1 SITE PLAN 4 r a K POND AVEqmlR o S Bw ON h ! Ira 9r - to nor.c4 ex C R R a K a a too Q a s* o SITE PLAN 4 g1 F r r 5 I 0o pe Z aQ( oc7on0o(DoM(RSS7 i F formation Call: 455-8760 8 I •9 l .) Coton gneen - tcaibed .logo 2.) Coton fan - nai-6ed logo 3.) 314" MUO Dunapty - background panet dank brown 4.) 0jj - white naiaed accent a #nip 5.) Radius capped at.2 round 6 . ? 0 j j - white naia ed tettena 7.) 0j j - white nai.a ed tet.tend 8.) RemaveabQe dou6.2e 6aced wood pane.0 - 314" Mao Dunapty - Brown w/ white copy 9. )' Ground buppont poata SIGN PLAN y 4 MEMORANDUM TO :. Design Planning Board Maplewood City Council FROM: McKnight Townhomes (presently Hi hview Townhouses)uses ) DATE: November 16 ,1981 SUBJECT: Sign change - zoning code appeal It has come to our attention that the sign resent •Hi hview Townhouses g presently identifyinggesislocatedonaneasementbelongingtoRamsCounty.g y We are presently in the rocess of obtainingtaming ownership of HighviewTownhouses. Although we do not wish to increase the size of thesign, we would like to take this opportunity to:PP y a.) place a new sign within the bounds of our own propertyb.) change the name on the sign from Highview Townhouses toMcKnightTownhomes In compliance with state law we would like to show l Strict enforcement would cause undue hardshipp because of cir-cumstances unique to the individual ro ert under 'P P Y r consideration.. Since Highview Townhouses has been a greatly distressed propertyforthepastfewyears, we feel that it is most essentialssenti.al thatwe- create a mood that will overcome its objectionable ast.The sign for which we are seekingg the variance will be the mainentrancesignto. a property consisting of 190 townhome s and over20acresofland. The sign will be one small part of the $ 1.6millionprogramthatisplannedfortherenovationatzonandclean-upoftheentireproperty. As a developer experienced in the conversionon of distressed prop-erties, we are aware that one of the reatest liabilitiesgabilities thatwefaceisovercomingthepreviousreputionoftheproperty. Itisourfeelingthatincreatingni y g impressive entrance to theproperty, by the use of a professional landscape architect n specialist, P ct and agraphicdesigP , we will overcome a great percentageofthishardship. 2.) The variance would be in keeping with •P g th the spirit and intent oftheordinance. Since the plans for the new si na a aregg such a vast improvementovertheexistingsign, it would go without sa in that h - in y -`g the variancewouldbeinkeepinggwiththespiritandintentoftheord-inance. The Board discussed with the applicant the redesigning of the sign to make it a low profile sign. Chairman - Phi l l i ppi moved the Board reconsider the motion 'on of denial. t, Board Member Hedlund seconded Ayes - al l . F Chairman Phi l l i ppi moved the Board resdi nd their motion of denial Board Member Hedlund seconded Ayes -all. f Board Member Deans MD-Y-e.d the—Board tabl e_ re nested si n va until a revi :sed _pl antes submitted, Board member Hudlund seconded Ayes - all, B. McKnight Townhomes -Sign Variance (384 S. McKnight) Board Member Fol l ey moved the __Board recorrnEnd approval of the si n ar1 an er.lcKnht Tnhornes e efin.digs _th 1. The proposed sign would meet the spirit and intent of the Sign Code. 2. The proposed sign would be attractive in appearance and would be compatible with the townhome complex. Board Member Lydon seconded Ayes - all, 7.VISITOR PRESENTATIONS 8.BOARD PRESENTATIONS 9.STAFF PRESENTATIONS 100 ADJOURNMENT Meeting adjourned at 8:30 P.M. r - y MEMORANDUM Re uest Vacation of an easement for a portion of the Seventh Street right -of -way, lying east of McKnight Road. Proosal Create an interior single-dwelling lot, south of the applicant's existing dwelling. The street easement makes the applicant's lot a corner lot, requiring more frontage on McKnight Road for two lots than is available. CONCLUSION TO: City Manager FROM Director of Community Development SUBJECT: Street Easement Vacation LOCATION: 7th Street, east of McKnight Road (see enclosed maps) APPLICANT: Julia F. Lepsche OWNER: Gaughan Land Incorporated DATE: December 11, 1981 SUMMARY.OF THE PROPOSAL Analysis Improvement of a street along this corridor would not be in the public interest. The undeveloped land to the east (Parcel three and the eastern portion of Parcel four, Map two) is planned for high density residential devel opment. Adequate access, as shown in an approved PUD for the site (Map five) , can be obtained from Stillwater Road and Avenue. Secondly, whenever possible, traffic generated by a high density development, such as approved, should not be permitted to outlet into a single - dwelling neighborhood, as would be the case if this corri -dor were improved. Improvement would also involve the relocation of a storm water pond (Map three), which could further reduce a natural buffer between the two neighborhoods. Improvement of the easement, to serve only the abutting church and single - dwelling properties, is not wanted by the present property owners. Improvement would also require additional right -of -way to provide for a standard width street. Since the applicant's home and garage are close to the south boundary of the existing easement, any additional right -of -way would most likely be obtained from the church property. In turn, the apps i ca.nt would only gain two single - dwelling sites, with no benefit to the existing dwelling.._ The church would most likely have to develop the abutting land to pay for the improvements; an action not desired by the church or planned for in the Land Use Plan. B If the easement is released, a uti l.i ty and drainage easement should be retained until final P 1 ans are approved for the undeveloped land to the east. The procedures for release of the easement are complicated in this cas because Rather than authori.zi ng a vacation per se, the of a ' land title i c, ty Y b Attorn has indicated that a quit claim deed proce authoriz ed y Council resolution, would be the most appropriate action* Recommendation of uti on authorizingn Staff to quit claim the street Approve the enclosed res g ease. easement back to the property owner, subject to the owner quit claiming to the Cit a utility and drainage easement over, under, through and across the area of released street easement. Approval is recommended on the basis that: 1. The street easement is in excess of the public need. i 2. Improvement would not be cost-effective for the abutting properties. 3. The easement unnecessari 1 Y restricts the development of adjacent 1 and . 4. Improvement would be contrary to the intent of maximizing the buffer between single-dwelling neighborhoods, hborhoods , and high density residential developments. 2- BACKGROUND Easement Description Status: Undeveloped. The underlying land is. part of Parcel three on Map two. pSize:The eastern portion is 33 feet . wide, widening to 66 feet at McKnight Road, and is 296 feet long. Surrounding Properties_ North: Beaver Lake Lutheran Church undeveloped, large, irregular-shapedEast. An undeve p g parcel (Parcel three, Map two), ., P P with frontage on Stillwater Avenue and Stillwater Road, planned for Residential High Density use. South: The applicant'sicant's sin 1 e dwelling and garage, located on a 3.47 acre,pp 9 double - fronting parcel (Parcel four, Map two) . West: McKnight Road. Across McKnight Road, single dwellings located in the City of St. Paul Pas Actions 5 1952: The street easement was acquired from Leo Zacho by the TownNovember of New Canada. September 13 1979: Council approved a PUD for multiple dwellings on Parcel three (Map five) . September 4 1980 and August 20, 1981: One year time extensions were granted for the PUD . DEPARTMENT CONSIDERATIONS Planning 1 Abutting Land Use Plan Designations (Map four) :9 North - Church East - Residential High Density South - Residential Lower Density 2.Compliance with Land Use Laws: Section 412.851 of State Statute allows a City to vacate any public land interest when determined to be in excess of the public need. Public Works 1. There are no utilities located along or within this easement. 2. The drainage plan shows a storm drainage pond (Map three) over the eastern portion of the easement. 3. A street is not proposed or necessary along this corridor. 3- Leca1 easement i s reThelandunderlyingthee i stered property. The street easementg was recorded with the abstract system, rather than the torrens system of Ramsey County Land records at technical) the "easement does not encumber The City Attorney. indicates that y the underlying property three, Map two). Vacation with a public hearingyin9PPertY is, there Yforenotnecessary. If the easement is to be released, the Council s action should be by resolution. retained the CityIftheeasementistobey will have to petition the County to have it entered on the certificate of title for the property or obtain a quit claim deed from the property owner. Affected Properties theran.Church and the property owner concur with the vacation request.Beaver Lake Lutheran. Enclosures: 1. Location Map 2. Property Line Map 3. Excerpt from the Drainage Plan 4. Beaver Lake Land Use Plan 5. Approve d' PUD for the undeveloped property to the east 6. Applicant's letter of justification 70 Resolution to release easement 4- r 34 34 E. MARGARET AVE E 3TM atiE. J W -J 0 J W FREMO NT AV3Mo z 1CONWAYUtWr A SERVICE RD. 3 M n - WL 70 W V 212 _ E MINNEHAN AVE. v or =lE c 3 M A R'YLA KE R <N °' i G W j • J 1 IV Y Q d Q o Trailer Court 68 ( Pr ivote) 212 E MARYLAND -- AVE, 31 0 120 C69)? µ Btover MA NOLIA AVE. W Loge W Y t \vv r 11 CASE 8 09 z HARVESTER o AV w A 3 2 W 212 E C LA. BRAND AYE':: 32 3T. w i off7TH ' A _ z E. 7 TH A'S'E 1 ` Y ,w BUSH 5 Z5130 R22W R2IW AVE m 31 Map 1 LOCATION MAP 4 N Map 2 Street Easement PROPERTY LINE MAP nN 1 • r. r. r. . r eol0000 1j ^ • Imo"„ * • s 0 400 Boo 1200 SCALE IN FEE' Map 3 EXCERPT FROMM THE MAPLEWOOD DRAINAGE PLAN0 T Subject Street Easement I I 1 MAJOR WATERSHED DIVIDE INTERIOR WATERSHED DIVID PROPOSED STORM SEWER EXISTING STORM SEWER R' OPEN CHANNEL STORM WATER STORAGE AREA INUNDATION AREA STORAGE AREA VOLUME Ac DISCHARGE IN C F S ---- ---- -- CITY LIMITS " " " " " " " "'•' ti h a 4 N f /Rm ; I W M i RM ; OS _ -a-ONO RM SC x J" ! cc major collector .' ''• RM NI, RI S c a i,.,Os R m its '„ minor collector c R h P ......... - SC OS sc _ r;.rn- 3 ma I or arterial RI' Dr t , SCE _ _. mayor collector - DR nterchange._ ri . __ AMFO interchan Map 4 Bearer Lake NEIGHBORHOOD LAND USE PLAN 4 N r i NA i 100 - . Beaver Lake Lutheran Church Property Applicant's Property t Map 5 APPROVED PUD FOR THE UNDEVELOPED PROPERTY TO THE EAST 4 N e ge Tol do le — r 000, Ze ........... !!110 i AV oo ii 4T .-oo' .Vr aie& -1 oo 1111 Resolution for Easement Release WHEREAS, the following describedbed street easement was granted to the Town of New Canada on October 13, 1952, by Leo J. Zacho: Beg,at the SW corner of the NW 1/4 of the SW 1/4 of "Said Secti on 25, thence N on W L thereof 66.0 feet; thence E par with S L of the NW 1/4 of the SW 1/4 of said Section 25 -a distance of 125.0 feet; thence SE' ly to a point which is 225.0 feet E of the WL of said Section 25 and 33.0 feet N o thehe S L of said NW 1/4 of the SW 1/4 of Section 25; thence E p ar with said S L of said NW 1/4 of the SW 1/4 105.0 feet more or less to a point on the E L of said W 1/2 of the W 1/2 of the NW 1/4 of the SW 1/4; thence S on the E L of said W 1/2 of the W 1/2 of the NW 1/4 of the SW 1/4 a distance of 33.0 feet to a point on the S L of the NW 1/4 of the SW 1/4 of Section 25. Township 29N Range 22W; thence W on said right-of-waySLtothepointofbeg, all subj to McKnight Road right y WHEREAS, the underlying propertyert of record, which includes the easement, is registered land, described as follows: Subj to Rds and Ex part of N 3/4 of NW 1/4 of SW 1/4 E of W 642 ft thereof and Wly of a L run Ntlly at angle of 63 deg 37 min with S L of SD N 3/4 from PT thereon 1038 ft E from W L of SD 1/4 1/4 part of SD 1/4 1/4 bet CL of Rd and CL of Hwy except therefrom Registered Land Surveys Nos 21 and 137 all in Section 25, Township 29, Range 22 WHEREAS,the easement instrument (Document No. 1294734) was recorded on November 5, 1952, with the Ramsey County Abstract Clerk WHEREAS, the Certificate of Title for said underlying property (Document No. 290 -686) does not show an entry for said easement WHEREAS, the Maplewood City Council finds that the release of the above described street easement is in the interest of the public, on the basis that: 1. It is in excess of the public need. 2. Improvement would not be cost - effective for the abutting properties, unnecessarily3. Its presence unn y restricts the development of adjacent land. 4. Improvement would be contrary to the intent of maximizing the buffer between single-dwelling neighborhoods and high density residential developments. NOW, THEREFORE, BE IT RESOLVED, by the City Council Ramsey County, Minnesota that the above described street easement be and hereby is released from the abstract system of land records. F E BE IT FURTHER RESOLVED that said easement release is subjectNOW, THERE OR , to the recording, under the torrens system of land records, of a uti 1 i ty and drainage easement, over, under, through, and across the released street easement. 9 "2, p 8. NE BUSINESS t A. Release of Street Easement - Lepsche (7th Street) Secretary Olson said the applicant is requesting vacation of an easement fora portion of 7th Street right -of -way, lying east of McKnight Road. Staff is recommending approval as outlined in their report. The Commission 9 uesti oned who would obtain the property after the vacation. Secretary Olson said because the property is not dedicated as right -of -way and i s P ri vately owned, i t would be retained by the existing owner. The Commission discussed with Secretary Olson the ownership of the property and its size . Mrs. Engebretson, speaking for her. mother, Mrs. Lepsche, said they wished to divide their property for development, therefore, they requested the vacation so the existing garage would meet setback requirements and there would be sufficient frontage . The Comrni ss ion discussed retaining the necessary property for the drainage pond so it would not have to be obtained at a later date. on uesti oned how 1 are of a pond i t woul d be, how muchMrs. Engebrets q 9 property would be involved. The Commission andnd Secretary Olson indicated staff would have to determine what sizeze would be requiredred P ri or to construction of a pond. That information is not available at this time. commissioner Kishel moved the Planning Commission recommend to the City Councill a pp roval of the resolution authorizing Staff to quit claim the street easement back to the property owner, on a portion of Seventh Street right-of-way, lyingn east of McKnight Road subject to the o q g waY , Y g owner q claimingng to the City a utility and drainage easement over, u 9nder, throw h, and across the area of released street easement. Approval i s recommended on the basis, that:App . 1. The street easement is in excess of the public need. 2. Improvement would not be cost-effective for the abutting properties . 3. The easement unnecessarily1Y restricts the development of adjacent land. ar to the intent of maximizing the b 4, Improvement would be contr buffe r between sing residential1e -dwel 1 i n 9 neighborhoodshborhoods and high density a developments. I 'ie f# 5. Staff take into account the need for a ponding area on the applicant's property if and when a request for lot subdivision is made. Commissioner Prew seconded Ayes - Commissioners Axdahl , Barrett, E1 lefson, Fischer, Hejny, Howard, Kishel , Pel l ish, Prew, S1 etten, Whitcomb B. Preliminary Plat Gervais Overlook _ Secretary Olson said the applicant is requesting a pre-1 i mi nary plat for twenty single-dwelling, homes. Staff is recommending approval as outlined in their report. s- s MEMORANDUM TO: City Manager FROM: Director of Community Development SUBJECT: Detached Single - Dwelling Floor Area January 14, 1982 INTRODUCTION S Reque I 1. Amend Section 904.010(6) of Code to reduce the minimum floor area requirements for 1 %- story, bi -1 evel , tri -level and two -story d w e l l i n g s . 2. Amend Section 916.010 of Code to include definitions for floor area calculations and commonly referred to single-dwelling types. Problem The present Code requirements for minimum floor area are excessive relative to: 1) the protection of the general ;welfare, health, and safety of the community; 2) the requirements of other.metropolitan area communities; and 3) available floor plans for two - bedroom single - dwellings. These conclusions were reached following a survey of other metropolitan area communities, review of building code requirements, and revi of commonly available dwelling sizes offered by prominent metropolitan area builders (see reference section). The result is that some persons are being put in position of having to overbuild relative. to their needs, in order to build in Maplewood. Proposed Floor Area Requiremen The following is an explanation of how Staff arrived at the fol 1 - owing - propos - ed minimum floor area requirements: Total Habitable Floor Ar Tri -level dwelling Bi -i evel and 12 -story dwelling Two -story dwelling 1. The tri -level dwelling requirement tri - evel dwelling located at 2304 A. area variance on April 16, 1981 to 975 sq. ft. 1008 sq. ft. 1056 sq. f t. is based upon the actual floor area of the Phyllis Court. Council approved a floor permit this dwelling. 2. The bi -1 evel and two -story dwelling requirements are based upon visits to a variety of existing dwellings. Scale drawings, as viewed -from the street, Attachment A) were also prepared to assure that external appearances would be proportional . t 3. The 1, -story dwel 1 i ng mi nimum i s based upon the typi cal Gl adstone Neighborhood, 1% story - dwelling. It is similar in mass to a modest bi - 1 evel dwelling, but smaller than.., a modest two -story d w e l l i n g , as viewed from the street. Objectives of the Amendment 1. Allow a variety of floor plans for two- bedroom dwellings 2. Reduce the cost of housing 3. Assure that external appearances of new housing w i l l be proportional with existing housing 4. Assure adequate internal habitability Past Actions 1. November 19, 1981: a) Council gave first reading to reducing the minimum i floor area requirement for one -story s i ng1 e- dwellings from 1040 to 950 square feet; b) Action regarding the other single-dwelling residence types • was tabled for further information. 2. December 16, 1981: Council gave final approval to a reduction in minimum floor areas for one -story single - dwellings from 1040 to 950 square feet. CONCLUSION Issues To establish or revise minimum floor area requirements, various factors which promote the public interest should be taken into account. Two such factors are: dwelling habitabili and neighborhood character. Concerns commonly associated with neighborhood character are property value and aesthetics, Dwelling Habitabili At a minimum, each dwelling constructed should provide room sizes large enough to meet basic human needs and discourage overcrowding. The Uniform Building Code would serve this function in the absence of more restrictive zoning codes. However, reliance only upon the building code would allow the construction of dwellings which may not be proportional to existing dwellings. Neighborhood Character Property Value The preservation of neighborhood character is a principal reason for the adoption of minimum floor area standards, in excess of building code requirements. It has been commonly assumed that smaller dwellings, among larger dwellings, could have the effect of depressing property values: Marlin Grant of Mary Anderson Homes, in his letter dated Decerffber 15, 1981 attached), discounts this assumption. Secondly, a New Jersey Court, in 1981, overturned a minimum floor area requirement which was adopted on this premise. 2- y The decision stated that: "that the size of a house "per se'' has no effect upon neighborhood aesthetics nor upon the value of nei ohbori n 9 properties. More important here, rather, according to the experts, "'were such factors as topography, lot size, landscaping, and the like" (see Zonin and Planning aw enclosure). _9 Aesthetics : From an aesthetic or architectural viewpoint, nt some may believepyeve that smaller homes among larger homes create an unattractive neighborhood. The Yalidity.of aesthetic -ref ated opinions , because of their ver nature, cannot bey proved or disproved. Although there does not appear to be any strong justification for standards greater than those necessary to guarantee habitability., Staff contends that so long as floor area requirements are flexible enough to respond to the size of housing actually needed or wanted by present and future residents, proportionality with existing dwellings. should be promoted. Further, the maintenance of proportional external appearances is most easily accomplished by continuing the present system of requiring different floor area minimums according to the style of dwell i ng. Alternatives 1. Reduce the minimum floor areas as proposed 2. Retain the current Code requirements and establish 765 square feet as the minimum area for the levels at and above grade for tri -level dwellings 3. Adopt the minimum floor area requirements set forth in the Uniform Building Code. (If this alternative is chosen, Council should likewise reduce the minimum for one - story, rambler style d w e l l i n g s . ) Recommendation (At least four votes required for approval) Approval of the attached ordinance to reduce the minimum floor area requirements for detached single-dwellings, other than a one -story d w e l l i n g , and to establish definitions for single- dwelling residence types. REFERENCE INFORMATION Existing Code Section 904.010 (6) - Room Size Requirements - states that: "In every dwelling house hereafter erected, there shall be at least three livable rooms. The overall first floor dimensions of any dwelling house hereafter erected shall not be less in area than the following: 1. a one-floor, rambler -type home, 950 square feet 2. a one and one -half story dwelling, 960 square feet _ 3. a two -story dwelling, 720 square feet no livable room, except the kitchen shall be less in area than 90 square feet." 3- Other Agencies State Bui 1 di ng Code Requirements In 1977, Richard Brooks, Assistant Director of the Minnesota Building Code office, determined that based on Building Code minimums, a two - bedroom house could theoretically be constructed with as little as 493 square feet. A three- bedroom dwelling could be built with as little as 563 square feet. Using these same standards, but in conjunction with a conveni errt, livable floor plan,. the minimum square footage for a two - bedroom would be 624 square feet and 708 square feet for a three- bedroom dwelling. The source of these revised figures iis a report published by the Metropolitan Council entitled Modest -Cost Housing in the Twin Cities Metropolitan Area, 1976 Model Residential Code Recommendations In 1976, a Model Planned Residential Development Code was prepared by a consultant for the Metropolitan Council. Estimated minimum, adequate, and generous total floor areas are recommended on the basis of family size. The following table illustrates the results: LIVING AREAS RECOMMEN -DED BY THE -MO -DEL PLAN -NED RESIDE-NTIAL DEVELOPMENT CODE Square Feet) Minimum Size of Adequate Adequate Total Generous Tot 1 Household Total Floor Area Floor Area Floor Area 2 adults 475 558 592 2 adults + 650 715 775 1 child 2 adults, 785 805 885 2 children 2 adults, 940 1 1 3 children 1 i area, sleeping area entertainment areaIncludesadditionalkitchenea, p g , and second bath. Source: Developed from Model Planned Residential Development Code prepared for the Metropolitan Council by Bather, Ri ngrose, Wol sfel d , Inc., Project Manager, Myers and Bennet Architects, Inc.; Ross , Hardi es , 0 `Keffe, Babcock and Parsons. December 19730 . Metropolitan Council Recommendation The Metropolitan Council's position is that local land use regulations and comprehensive plans should not specify minimum floor areas for single - family dwellings. It is their position that the Uniform Building Code provides adequate regulation. 4- e The Metropolitan Council gives weight to this recommedati on, by ranki n 9 appl i cati ons for recreation and transportation grant funds. Of 100 total ranking points, two points are awarded to those communities who do not have minimum floor area requirements. Survey. Metro Area Communities Of the eleven communities surveyed, ten have minimum floor area standards which are less restrictive than Mapl ewood' s . Three of the ten rely total ly on the Uniform Building Code minimums. Of the eleven communities, ten use the number of bedrooms as a basis for minimum floor area standards. North St. Paul,, like Maplewood, uses b'ui l di ng type (i.e., 1 -story or 2- story) as a basis for minimum floor area requirements (refer to Attachment B) . Home Builders Survey Several Metro area builders (Capp, Dynamic, Sussel and Wausau) were contacted regarding typical first floor area ranges for two and three- bedroom, one -story bi -level , and tri -1 evel , and two -story structures. (Refer to Attachment C for results). Enclosures Relative Mass Diagram Sorvey of Metro Area Communities Survey of Metro Area Builders Letter from Marlin Grant Definition of Residences HRA Recommendations HRC Recommendations Excerpt from Zoning and Planning Law 1981 Resolution 5- ATTACHMENT A RELATIVE M A S S, 1 - STORY 950 Square feet 24 feet x 39.6 feet BI - LEVEL Present Requirement I At Present -960 sq. ft. First Floor) Grade TRz - LEVEL 2 - STORY 528 sq. ft. 528 sq. ft. No Requirement Grade At Present 720 sq, ft. First Floor) 975 Square Feet 26 feet x 30 feet M ATTACHMENT B a SURVEY OF METRO AREA COMMUNITIES MINIMUM FLOOR AREA REQUIREMENTS Single Family Detached Dwellings MARCH 1981 1.Brooklyn Center Uniform B u i l d i n g Code 2:Brooklyn Park 2 bedroom 768 square feet foundationon size 3 bedroom 960 square feet of ' 4 bedroom 1160 square feet ' 3.Moundsview 1050 square feet for all singlee fami 1 dwellings9y ellngs 4.New Brighton Uniform Building Code 5.._Richfield Uniform Building Code 6.Robbi nsdal e (Measured from interior of s truc uture) 1 bedroom 720 square feet 2 bedroom 820 square feet 3 bedroom 920 square feet 4 bedroom 1050 square feet 7.Whi Bear Lake Lot Siz Floor . _.Area 150 feet wide x 150 deep' 1200 square feet 100 feet wide x 120 deep 1200 square feetq 80 f ifeetwide x 110 deep 800 square feet 60 feet wide x 110 deep 800 square feet 8.Woodbury 1000 square feet of habitable square feet less 'q s bel ow grade levelss 90.Coon Rapids 1200 square feet in r an R -1 zone (minimum l area of 15,000 s ua-rq _e feet). 960 square feet in an R -2 zone (minimum lot area of 10,800 square feet), et). 4 10. Oakdale Lot SizeM 10,000 square feet 15,000 square feet 17 . -North St. Paul One Story 1 112 story i and Tri -level 2 story Floor Area 2 bedroom 960 square feet 3 bedroom 1000 square feet 2 bedroom 1000 square feet 3 bedroom 1 040 square feet and 2 bedroom 900 square feetq3bedroom1040squarefeet 4 bedroom 1200 square feet 800 square feet first floor 400 square feet second floor same as one story 700 square feet each Boor ATTACHMENT C FLOOR AREA SURVEY - METRO AREA BUILDERS CAPP HOMES 1 s tory 1100 -1200 square feet Bi -level 905 and up square feet. Tri -Level 1000 and up square feet Two-Story 750 square feet DYNAMIC HOMES 1 s tory Bi - .Level Two Story SUSSEL 1 story 2 bedroom 3 bedroom Bi-level 2 bedroom 3 bedroom Tri -1 evel two story WAUSAU HOMES 960 1040 square feet 864 and up square feet 725 and up square feet 816 -952 square feet 988 -1600 square feet 894 -1100 square feet 1003 1312 square feet 1003 1312 square feet 760 -880 square feet 1 s tory 900 - 920 a Bi -1 evel 850 a a) 'a trend toward if codes will P ermi t Square foot areas calculated as follows 1 story Foundation size Bi-level 0 0 0 0 0 0 0 0 0 0 0 0 , main floor plus entry Tri -1 eiel 0 0 0.0 . . . . . . , on -grade and above grade levels two -story _ . , . 0 0 0 0 foundation size r ATTACHMENT D A. D , z 3 f I ,t,f fit 1: B. .. E. C. Lj 7 iit C' t - i - T -pes of Residences A. 1 story residence single floor Tglevel usually at grade level. _ B. 1 -1/2 story residence two floor levels; one at grade, one aboveg grade which does not have full ceil- ing height for entire above -grade level. C. 2 story residence two floor levels; one at g rade one above grade, both with full ceiling height.. D. 3 story residence three floor levels; one at radeg • two above grade, all with full ceiling height E. Tri -level residence three floor levels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. _ F. Bi -level residence two floor levels; usually one - - four feet below grade, one four feet above grade, both with, fAill ceiling height. May be on sloping lot with lower level partially exposed. m. he Anderson BETTER NO ES FOR BETTER LIVING MARVIN H. ANDERSON CONSTRUCTION COMPANY TELEPHONE 661 -2661 1977 Kirkµ lj+?6Y7t1'1 i 5801 LYNDALE AVENUE SOUTH MINNEAPOLIS MINNESOTA 55420 i December 15 , 1981 i Mayor John Greavu, City Council Members, City Planning Staff City of Maplewood 1380 Frost Avenue Maplewood, Minnesota 55109 Dear Mayor Greavu Council Members and Planning Staff Members I have been reading with interest the discussions you have been holding pertainingertainin to the reduction in the housing square footage requirements within the City of Maplewood. First let me compliment you for discussing this issue at a timeP when cost reductions in housing should and must be achieved. I i hl .encoura e you to continue your discussions and to make sub - g y g stantial changes in reducing this requirement. I would like to give you some of our Company's experiences in this area. We have been buildin g a goodly number of homes within the City of Minneapolis and Saint Paul in square footages ranging down to 760 square feet for a two bedroom rambler and down to 864 square feet for a three bedroom rambler. We currently have a number of them under construction, some of which . are in very nice neighborhoods where homes are considerably larger than the new homes under con- struction. We have found that there is a great need for- such homes and a very strong market. One important item to keep in mind is that just because a home is smaller does not mean that it cannot be stylish or impressive and expensive looking. I am enclosing some exterior photos of some of these actual homes that we have constructed recently and have listed the addresses on the back of the pictures in case you would like to actually view them. I am hopeful that these will be of in- terest and help to you in your deliberations. I also have most of these homes on slides and would be happy to show them to you at your convenience, if this would be of help and interest to - you. Lfl e poos f /e . l• + / J Mayor John Greavu City Council Members City Planning Staff Page 2 December 15, 1981 I should state that our Company is currently not building any homes smaller than approximately 1200 square feet nor do we have any immediate plans for doing so on property we currently own within the City of Maplewood. However, I am certainly aware of- the need and feel that such housing should be allowable to . be constructed by those that prefer to do so and have the property on which to construct such homes. Such a change certainly does not mean that each of us as builders are going to change the size of our homes in our own current subdivisions., but it does allow us to have more flexibility in planning future subdivisions. If I can be of any help to you in this area, please feel free to contact me. Sincerely, IIARVIN H ANDERSON CONST `CTION COMPANY Marlin D. Grant President 14DG : pl Enclosures MEMORANDUM TO: City Manager FROM: Housing and Redevelopment AuthorityB P SUBJECT: _U JECT: Zoni ng Code Amendment - Minimum Floor AreaDATE: August 20, 1981 On June 9, 1981, the HRA made the f •followingoweng recommendat ons: L Commissioner florri s motioned and Commissioner .Bryant seconded, toestablishtheUniformBuildingCodeastheminimumfloorareaforsingle - family detached dwellings. Moti on. carried 3 to 1 (Commissioner Juker opposing), 2. Commissioner Morris motioned and •Cormi ss i oner Fischer seconded, that intheeventthePlanningCommissionorCatCo ' Code' y Council considersders the UniformBuildingdingsfloorarearequirementstobetoolowthat800squarefeetshouldbeestabliasaminimumfloorareaforallstylesofsingle - family detached d w e l l i n g s , Motion ' carri ed 3 to 1 (Commissioner Juker • opposing). p 1 7 CITY OF E2AP.IE OD 1380FRC)S ?'_•"T\t'L X11 \SU'I; -10 109 MEMateA INDUM hugLst 17, 1981 To: City Manag Fr om : V} a 1 e woP od Human Relations Commission Re: Zoning Code Amendment - 1•I i n iinum Floor Area At its regular meeting on Augu5t Co-nmssion reviewed the 1981, the Human Rehestaffro i u ionsposalrelativetoi 'single-famil nlmum area standards for Si flooryd:`311ngs. Following deliberation and presentfollowingclations on this9tionsweretaken: his subject, the Motion was moved by CobCommissionerFischer ili ssi oner BryantY1 , t o ' Seconded establish the UniformBuildingCodeasastandardforareaofsinglefamilydetached he minimum floor Ioti ached dewel.lin S,on carried unanimously) 9 Motion was moved by Com.:1issioner Bryant,by Commissioner Fi s sec Comm)cher, that in the eventssionorCityCoun the PlanningCodefloora cil consider the Uniforrearequirementstbto m Buildingsquarefeetshouldbe o low, that 800establishedasamini area for all style of sin family de num floor Motio ca tached dwellings,cried unanimou MHRCrpw _ 7o -4sao