HomeMy WebLinkAbout12.17.81 MINUTES OF MAPLEWOOD CITY COUNCIL-
6:50 P.M., Thursday, December 17, 1981
Council Chambers, Municipal Building
Meeting No. S1-30
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building and was called to order at 6:SOP.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C-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 Hei1i 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)
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Councilman Anderson moved that the Minutes of Meeting No. 81-20 (August 20, 1981)
be approved as submitted.
Seconded by Councilman Nelson. Ayes - all.
2. Minutes 81-21 (August 27, 1981)
Councilperson Juker-moved that the Minutesof Meeting No. 81-21 (August 27, 1981)
be approved as submitted.
}
Seconded by Councilman Nelson. Ayes - a11.
3. Minutes 81-22 (September 3, 1981)
Councilperson Juker moved that the Minutes of Meeting No. 81-22 (September 3, 1981)
be approved as submitted.
Seconded by Councilman Nelson. Ayes - a11.
4. Minutes 81-24 (October 1, 1981)
Councilman Nelson moved that the Minutes of Meeting No. 81-24 (October 1, 1981)
be approved as submitted.
Seconded by Councilman Bastian. Ayes - a11.
5. Minutes 81-25 (October 7, 1981)
- Councilman Nelson moved that the Minutes of Meeting No. 81-25 (October 7, 1981)
be approved as corrected:
Page 1 Item C-la Commissioner Newcombe not "Senator"
Seconded by Mayor Greavu. Ayes - a11. -
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Meeting with Planning Commission: Re - Downtown Maplewood
2. County Road C
3. Lyle Erickson - Appointment to Cable T.V.
Seconded by Councilman Bastian. Ayes - a11.
E. CONSENT AGENDA
Councilman Nelson moved, seconded by Councilman Anderson, Ayes - Mayor Greavu, Council-
person Juker, Councilmen Anderson and Nelson; Nays - Councilman Bastian, to ap rp ove -
the consent agenda, items 1 through 21 as recommended:
1. Accounts Payable
Approved the accounts:( Part I - Fees, Services, Expenses - Check No. 006556 through
Check No. 006625 - $150,531.08 - Check No. 011931 through Check No. 012065 - $391,443.17;
Check No. 006514 through Check No. 006555 - $85,947.65; Check No. 011832 through
Check No. 011930 - $125,023.96: Part II - Payroll, Check No. 03488 through Check
No. 03610 - $50,675.26; Check No. 03358 through Check No. 03487 - $52,077.92) in
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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
and 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 heretoattached.
2. The general nature of the proposal and an estimate of the principal amount
of bonds to be issued to finance the proposal aredescribed 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 Gity 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.
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/s/ John 0. Greavu
Mayor
Attest:
/s/ Lucille E. Aurelius
City Clerk -
- NOTICE OF PUBLIC HEARING
ON A PROPOSALFOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
To whom it may concern:
Notice is hereby given that the Gity 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 will consist of the construction and equipping ofa medical
office building to be located at the NE corner of Beam Avenue and Hazelwood
Avenue within the City of Maplewood, Minnesota.
The estimated principalamount of bonds or otherobligations 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-
. nary 6, 1982, from8:00 A.M. to-5:00 P.M., Monday through Friday, at the City Hall
in Maplewood.
At the time andplace fixed for said Public Hearing, the City Council of the
City ofMaplewood 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 Aurelius
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
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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 ofthe encouragement and development of economically sound industry
and 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 hearingon 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 ofSecurities
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 normore than 30
days prior to the date fixed for said hearing,-as shown in the notice of hearing
hereto attached.
Adopted by theCity Council of the City of Maplewood, Minnesota, this 17th day
of December, 1981.
/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
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~o wi~om it: way concern:
Notice is hereby given that the Gity Council of the City of Maplewood, Minnesota,
will meet at the City Ha11 in the City of Maplewood, Minnesota, at 7:00 P.M. on
January 21, 1982, to consider the proposal that the Gity 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 othe-r 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 theproject 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.
Adraft 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 appearat 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, andany 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 indicatesanother or different meaning orintent.
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Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended;
Assignment of Leases andRents: the agreement tote execute d. by the Borrower
assigning al1'the rents, issues and profits derived from the Project to the Lender
to secure the repayment of the Note and interest thereon;
Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St.
Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written
opinion signed by such Counsel;
Borrower: United Artists Theatre Circuit, Inc., a Maryland corporation, its
successors, assigns, and any surviving, resulting or transfereebusiness entity
which may assume its obligations under the Loan Agreement;.
City: the City of Maplewood, Minnesota, its successors and ass;g<s;
Disbursing Agreement: the agreement to be executed by the City, the Borrower
and the Lender, relating to the disbursement and payment of Project Costs for the
acquisition of the land and the construction and installation of the improvements;
Improvements: the structures and other improvements., including any tangible
personal property, constructed or installed by the Borroweron the Land in accordance
with the Plans and Specifications;
Land: the real property and any other easements and rights described in Exhibit
A attached to the Loan Agreement; -
Leases: all leases now or hereafter affectingthe land;
Lender: Mercantile National Bank at Dallas, in Dallas, Texas, its successors
and assigns;
Loan Agreement: the agreement to be executed by the City and the Borrower,
providing for the issuance of the Note and the loan of the:. proceeds thereof'to the
Borrower, including any amendments or supplements thereto made in accordance with
its provisions;
Mortgage: The Mortgage, Security Agreementand Fixture Financing Statement
to be executed by the Borrower, as mortgagor, to the Lender,as mortgagee, securing
payment of the Note and interest thereon;
Note: the $2,488,189 Commercial Development RevenueNote of 1981 (United Artists
Theatre Circuit, Inc. Project), to be issued by the City pursuant to this Resolution
and the Loan Agreement;
Note Register: the records kept by the City clerk to provide for the registration
of transfer of ownership of the Note;
Plans and Specifications: the plans and specifications for the construction
and installation of the improvements on the land, which are approved by the Lender,
together with such modifications thereof and additions thereto as were reasonably
determined by the Borrower to be necessary or desirable for the completion of the
improvements and are approved by the Lender;
Pledge Agreement: the agreement to be executed by the City and Lender assigning
the Loan Agreement to the Lender;
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PrincipalBalance: so much of the principalsum on the Note asfrom timeto time
may have been advanced to or for the benefit of the City and remains unpaid at any
time;
Project: the Land and Improvements as they may at any time exist;
Project Costs: the total of all "Construction Costs" and "Loan and Carrying
Charges," as those terms are defined in the Loan Agreement;
Resolutions this Resolution of the City adopted December 17, 1981, together
with any supplement or amendment thereto.
A11 references in this instrument to designated "Articles," "Sections" and other
subdivisions are to the designated Articles, Sectionsand 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 awhole 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 themanner 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 LoanAgreement, thePledge 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 industryand 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 a base 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 $2,488,189 as here-
- inafter provided;
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(5) it is desirable, feasible and consistent with the.
objects"and purposes of the Act to issue the Note, for the
purpose of partially financing the Project;
(6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or interest
thereon; and
(7) The Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
(D) of Section 103(b)(6) of the Code with respect to an issue
of $10,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
_ permitted by law and consistent with the objects and purposes
of the Project.
1-4. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act and subject to the terms and conditions
set forth in the Disbursing Agreement, to provide for the
construction and installation of the Project pursuant to the
Plans and Specifications by such means as shall be available to
the Borrower and in the manner determined by the Borrower, and
without advertisement for bids as may be required for the
construction and acquisition of municipal facilities; and the
City hereby ratifies, affirms, and approves all actions
heretofore taken by the Borrower consistent with and in
anticipation of such authority and in compliance with the Plans
and Specificatio~~s.
ARTICLE TWO
NOTE
2-1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
appropriate variations, omissions and insertions as are
permitte3 or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $2,488,189 unless a duplicate Note is
issued pursuant to Section 2-7. The Note shall be in
substantially the following form:
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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
MERCANTILE 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 Ti9O MILLION FOUR HUNDRED F,IGHTY-EIGHT THOUSAAID.ONE
HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($2,488,189.00), or so
much thereof as may have been advanced to or for the benefit of
the City and remains unpaid from time to time (the "Principal
Balance"), with interest thereon at 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 (1G)
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 tdaturity 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 cope menthofninterest one
"Determination of Taxability", (ii) any p y
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the note or any amount in respect of interest on the Note, in
whole or in part, is subject to the tax imposed by Sections 56
- through 58 of the Internal Revenue Code of 1954, as amended, or
any similar tax imposed by a Taxing Authority (hereinafter
defined) or tax preference or similar items, or (iii) the
Lender is subject to any federal tax measured by reference to
the principal of the Note (hereinafter each of the above three
said taxes shall be referred to as a "Note Tax"), thenonhthe
Lender will be promptly paid on behalf of the City, uP
written demand of the Lender, as additional interest on the
Note, an amount (to be computed by the Lender and specified in
the written demand) which, after deduction of all taxes
required to be paid to any Taxing Authority in respect of the
receipt of such amount (such talicablebtoctheuLenderaandhtaking
maximum statutory tax rates app
into account the deductibility of state and local taxes for
federal income tax purposes), shall be equal to the Note Tax.
For the purposes of this paragraph "Taxing Authority" means the
federal government, any state or local government, and any
taxing agency or authority thereof or therein.
(d) Unless there is a Note Tax", in which
event there shahereofaddheioate oftinterest o ethe1Principal
paragraph 1(c)
Balance shall be equal to 68~ of the prime rate of interest (or
equivalent successor rate) set or announced from time to time
by the Lender as Lhe basis for determining the rate of interest
on commercial borrowing (the "Prime Rate") and shall be
adjusted anytime the Prime Rate changes, but in noervannum.all
the interest rate be less than nine percent (9~) p
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, asremium or
principal and interest becomes due, and to pay any p
penalty, at maturity, upon redemption, or Ythea ~sbut chargedt
shall be computed on the basis of a 360 da Y ear.
for the actual number of days elapsed in a 365 day y
3. If the Lender should not receive on any January 1
or July 1 all of the principal and interest then due on the
1?ote, and if the City should continue to be in arrears through
the fifteenth day of such month, then, in addition to all other
sums due hereunder, the Lender shall be entitled to receive on
the sixteenth day of such month a service charge equal to four
,percent (4.008) of the delinquent principal and interest.
4. Principal and interest an3 premium or service
ofathe Lender,eordat suchlotheraplace as the Lenderpmay ffice
designate in writing.
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5. This Note is issued by the City to provide funds
for a project, as defined in Section 474.02, Subdivision la,
iinnesota Statutes, consisting of the acquisition of real
estate, and the construction of an eightplex theatre facility
thereon, pursuant to a Loan Agreement of even date herewith
between the City and United Artists andathisCNotelis furtherhe
"Borrower ) (the "Loan Agreement"),
issued pursuant to and in full compliance with the Constitution
and laws of the State of Minnesota, particularl}• Chapter 474,
tinnesota Statutes, and pursuant to a1981o(the "Resolutiont)•
Council duly adopted on December
6. This Note is secured by a Pledge Agreement of
even date herewith by the City to theeementrandhFixturege
Agreement"), a Iortgage, Security Ag
Financing Statement, of even date herewith between the
Borrower, as andtbagan~AssignmenteofeLeasesoandaRentsthof even
"Mortgage"), Y nment
date herewith, from the Borrower to the Lender (the "Assig
of Leases and Rents The disbursement of the proceeds of
+ this tdote is subject to the terms and conditions of a
Disbursing Agreement of even date herewith be~eementY') Lender,
the City and the Borrower (the "Disbursing Ag
7. The Lender may extend the times of payments of
interest and/or principal of or any penalty or premium due on
this Note, including the Final Maturity Date, without notice to
or consent of any party liable hereon and without releasing any
such party. However, in no evenearsyfrom theadatethereofDate
be extended beyond thirty (30) y
B. This Note may be prepaid in whole or in part at
any time without premium.
9. In the event of prepayment ainstltheoapplicable
Lender shall apply any such prepayment ag
prepayment premium, if any, then against the accrued interest
on the Principal Balance and finally against the final
principal amounts due under the Note. The semi-annual payments
due under paragraph 1 hereof, shall continue to be due and
payable 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
transferable upon the books of the City at the office of the
City Clerk, by the Lender in person or by his agent duly
authorized in writing, at the Lender's expense, upon surrender
hereof together with a written instrument of transfer
satisfactory to the City Clerk, duly executed by the Lender or
his duly authorized agent. Upon such transfer the City Clerk
will note the date of registration and the name and address of
the new registered Lender in the registration blank appearing
below. The City may deem and treat the person in whose name
the Note is last registered upon the books of the City with
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such registration noted on the Note, as the absolute owner
hereof, whether or not overdue, for the purpose of receiving
payment of or on the account, of the Principal Balance,
redemption price or interest and for all other purposes, and
.all such payments so made to the Lender or upon his order shall
be valid and effective to satisfy and discharge the liability
upon the Note to the extent of the sum or sums so paid, and the
City shall-not be affected by any notice to the contrary.
11. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mortgage, the Assignment of Leases and Rents, the Loan
Agreement, the Pledge Agreement and the Disbursing Agreement
are hereby made a part of this Note to the same extent and with
the same force and effect as if they were fully set forth
herein.
12. This Note and interest thereon and any service
charge or premium due hereunder are payable solely from the
revenues and proceeds derived from the Loan Agreement, the
Mortgage, and the Assignment of Leases and Rents, and do not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation, are not payable from or
a charge upon any funds other than the revenues and proceeds
pledged to the payment thereof, and do not give rise to a
pecuniary liability of the City or, to t]ie extent permitted by
law, of any of its officers, agents or employees, and no holder
of this Note shall ever have the right to compel any exercise
of the taxing power of the City to pay this Note or the
interest thereon, or to enforce payment thereof against any
property of the City, and this Note does not constitute a
charge, lien or encumbrance, legal or equitable, upon any
property of the City, and the agreement of the City to perform
or cause the performance of the covenants and-other provisions
herein referred to shall be subject at all times to the
availability of revenues or other funds furnished for such
purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
13. It is agreed that time is of the essence of this
Note. If an Event of Default (as that term is defined in the
Mortgage, the Assignment of Leases and Rents, the Disbursing
Agreement or the Loan Agreement) shall occur, then the Lender
shall have the right and option to declare, the Principal
Balance and accrue3 interest thereon, immediately due and
payable, whereupon the same, plus any premiums or service
charges, shall be due and payable, but solely from sums made
available under the Loan Agreement, the Assignment of Leases
and Rents and the Mortgage. Failure to exercise such option at
any time shall not constitute a waiver of the right to exercise
the same at any subsequent time.
- 13 - 12/17
14. The remedies of the Lender, as provided herein
and in the Mortgage, the Assignment of Leases and Rents, the
Loan Agreement, the Pledge Agreement and the Disbursing
Agreement, are not exclusive and shall be cumulative and
concurrent and may be pursued singly, successively or together,
at the sole discretion of the Lender, and may be exercised as
often as occasion therefor shall occur; and the failure to
exercise any-such right or remedy shall in no event be
construed as a waiver or release thereof.
15. The Lender shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed
by the Lender and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waiver
of any right or remedy as to a subsequent event.
16. This Note has been issued without registration
under state or federal or other securities laws, pursuant to an
exemption for such issuance; and accordingly the Note may not
- be assigned or transferred in whole or part, nor may a
participation interest in the 2dote be given pursuant to any
participation agreement, except in accordance with an
applicable exemption from such registration requirements.
IT IS HEREBY CERTIFIED AND RECITED that aen and be
conditions, acts and things required to exist, Kapp
performed precedent to or in the issuance of this Nulardand due
exist, have happened and have been performed in reg
form as required by law.
IN WITNESS ~4HEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures of the
Idayor and City Clerk and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated
December 1961.
CITY OF MAPLEWOOD, MINNESOTA
Mayor
Attest:
City Clerk
(SEAL)
- 14 - 12/17
PROVISZOCIS AS TO REGISTRATION
The ownership of the unpaid Principal Balance of this
Note and the interest accruing thereon is registered on the
books of the City of Maplewood in the name of the holder last
noted below.
Date of Name and address Signature of
Registration Registered Owner City Clerk
Mercantile National
Bank at Dallas
2-2. The Note.
The tdote shall be dated as of the date of delivery,
shall be payable at the times and in the manner, shall bear
interest at the rate, and shall be subject to such other terms
and conditions as are set forth therein.
2-3. Execution.
The tdote 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
valid and sufficient for all purposes, the same as if had
remained in office until delivery. In the event of the absence
or disability of 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 execute and deliver the Note.
2-4. Delivery of Note.
Before delivery of the Note there shall be filed with
the Lender (except to the extent waived by the Lender) the
following items:
- 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 ldote
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 hereunder shall become
mutilated or be destroyed or lost, the City shall, if not then
prohibited by law, cause to be executed and delivered, a new
Note of like outstanding principal amount, number and tenor in
exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note
destroyed or lost, upon the Lender's paying the reasonable
expenses and charges of the City in connection therewith, and
in the case of a Note destroyed or lost, the filing with the
City of evidence satisfactory to the City that such tdote was
destroyed or lost, and furnishing the City with indemnity
satisfactory to it. If the mutilated, destroyed or lost tdote
has already matured or been called for redemption in accordance
with its terms it shall not be necessary to issue a new Note
prior to payment.
2-8. Ownership of Note.
The City may deem and treat the person in whose name
the Note is last registered in the Note Register and by
notation on the 27ote whether or not such Note shall be overdue,
as the absolute owner of such Note for the purpose of receiving
payment of or on account of the Principal Balance, redemption
price or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the contrary.
2-9. Limitation on Note Transfers.
The Note has been issued without registration under
state or other securities laws, pursuant to an exemption for
such issuance; and accordingly the Note may not be assigned or
transferred in whole or part, nor may a participation interest
in the Note be given pursuant to any participation agreement,
except in accordance with an applicable exemption from such
registration requirements.
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
tdortgage, and the Assignment of Leases and Rents, which
revenues and proceeds are hereby specifically pledged to the
payment thereof in the manner and to the extent specified in
- 17 - 12/}7
the Note, the Loan Agreement, the Pledge Agreement, the
Mortgage, and the Assignment of Leases and Rents; and nothing
in the Note or in this Resolution shall be considered as
assigning, pledging or otherwise encumbering any other funds or
assets of the City.
3-2. Performance of and Authority for Covenants.
The City covenants that it will faithfully perform at
all times any and all covenants, undertakings, stipulations and
provisions contained in this Resolution, in the 11ote executed,
authenticated and delivered hereunder and in all proceedings of
the City Council pertaining thereto; that it is duly authorized
under the Constitution and laws of the State of idinnesota
including particularly and without limitation the Act, to issue
the Note authorized hereby, pledge the revenues and assign the
Loan Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and the Pledge
Agreement; that all action on its part for the issuance of the
Note and for the execution and delivery thereof has been duly
` and effectively taken; and that the Note in the hands of the
Lender is and will be a valid and enforceable special limited
obligation of the City according to the terms thereof.
rt. 3-3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants and
obligations of the Borrower under the Loan Agreement and
Disbursing Agreement, and to perform all covenants and other
provisions pertaining to the City contained in the Note, the
Loan Agreement an3 the Disbursing Agreement and subject to
Section 3-4.
3-4. Nature of Security.
Notwithstanding anything contained in the Note, the
Iortgage, the Assignment of Leases and Rents, the Loan
Agreement, the Pledge Agreement or any other document referred
to in Section 2-4 to the contrary, under the provisions of the
Act the Note may not be payable from or be a charge upon any
funds of the City other than the revenues and proceeds pledged
to the payment thereof, nor shall the City be subject to any
liability thereon, nor shall the Note otherwise contribute or
give rise to a pecuniary liability of the City or, to the
extent permitted by law, any of the City's officers, employees
and agents. No holder of the Note shall ever have the right to
compel any exercise of the taxing power of the City to pay the
Note or the interest thereon, or to enforce payment thereof
against any property of the City other than the revenues
pledged under the Pledge Agreement; and the Note shall not
constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the City; and the Note shall not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation; but nothing in the Act
- 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
pay 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
MI SCELLAL7EOUS
4-1. Severability.
J
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 Transcript.
The officers of the City are directed to furnish to
Bond Counsel certified copies of this Resolution and all
documents referred to herein, and affidavits or certificates as
to all other matters which are reasonably necessary to evidence
the validity of the Note. All such certified copies,
certificates and affidavits, including any heretofore
furnished, shall constitute recitals of.the City as to the
correctness of all statements contained therein.
4-3. Registration of Resolution.
The City Clerk is authorized and directe3 to cause a
copy of this Resolution to be file3 with the County Auditor of
Ramsey County, and to obtain from said County Auditor a
certificate that the dote as a bond of the City has been duly
entered upon his bond register.
- 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 necessaryand appropriate and such modifi-
cations thereof, deletions therefrom and additions thereto as may be necessary and
appropriateand 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 orthe City Clerk such officers of the City as, in the opinion of the City
Attorney, mayact 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 anddocuments 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. Greavu
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 Ha11, 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 Ma11, 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.
Datedthis 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 HighwayDesignations
r-
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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
In concurrence withthe request from Ramsey County, this Council grants approval
to the removal from County State Aid Highway designation the following road portions:
1. .57 miles of Stillwater Road (T.H. 5, CSAH 68)
from Minnehaha Avenue to Stillwater Avenue.
2. .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 Department of Transportation has prepared a
preliminary layout for the improvement of apart of Trunk Highway Number 1 renumbered
as Trunk Highway No. 61 within the corporatelimits of the Gity of Maplewood, from
Kohlman 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
of Transportation, 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
preliminary layout for the improvement of a part of Trunk Highway Number 118 re-
numbered as Trunk Highway no. 36 within the corporate limits of the City of Maplewood
from 1000 feet west to 200 feet east of English Street; and seeks the approval thereof;
and
WHEREAS, said preliminary layouts are on file in the Office of the Department
of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified
as Layout No. lA S.P. 6211-64 (36=118) from 1000 feet west to 200 feet east of
English Street:
NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement of
said Trunk Highway within the corporate limits beand hereby are approved.
9. Final Payment - Keller Parkway-Sanitary Sewer - Project 80-14
- 71 _ 12/17
Resolution No. 81-12-236
WHEREAS, pursuant 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 aproper order for thefinal 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 Contracting Company of Shafer, Minnesota, has satisfactorily completed Maplewood
Improvement Project 78-1 in accordance with said contract;
NOW, THEREFORE, BE IT RESOLVED BY THE CZTY OF MAPLEWOOD, MINNESOTA, the work
completed under said contract is hereby acceptedand 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 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,
1980, 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 proper order for the final payment on said contract, taking the contractor's
receipt in full.
12. Tax Forfeit Land
Resolution No. 81-12-239
WHEREAS, the Board of County Commissioners of Ramsey County by resolution dated
May 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 thatthe classification of -the landshown 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 Glerk be and hereby is authorized to file
a certified copy of this resolution in the Office ofthec.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 ofthe 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
renew the Interceptor Maintenance Agreement No. 129 which is currently inforce between
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-
pality 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 to the Municipality on or before April 1, 1983 an amount equal to the diff-
erence between the actual costs and the monthly advances previously paid.
The Punicipality 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 period for Interceptor Maintenance Agreement No. 129 shall be January
1, 1982 - December 31, 1982. That both parties agree to the renewal periodand
terms is evidenced by the signatures affixed to this agreement.
14. JointUse Rental Agreement for 1982 - MWCC
Resolution 81-12-241
The Metropolitan WasteControl 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
Renewal period for Joint llse Rental Agreement No. 150 shall be January 1, 1982 -
December 31, 1982.
That both parties agree to the renewal period and terms is evidenced by the
_ 23 _ 12/17
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
_ City 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 or Finance Director for purchases of City investments;
and
BE IT FURTHER RESOLVED,that deposits in said bankshall notexceed the amount
of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished
as additional security; and
SE 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. A11en 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 A11en 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.
"1
a. Mayor Greavu reconvened the meeting for a public hearing regarding thepro-
posed rezoning of the area described as Beam Avenue, Maplewood Drive, County
Road D, and the westerly City limits, including the propertiesfronting 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 thishearing 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.Marilyn Vars, 1140 E. Beam Avenue
Mr. Duane Stolb, 1134 E. County Road D
Mrs. Robin Zahn, 1166 Beam Avenue
Mr. Gordon 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 Pogreba, 987 Beam avenue
Mr. Nick Papov, 1185 Beam Avenue
Mrs. Kuehn, 1190 Seam Avenue
Mr. Kuehn, 1190 Beam Avenue
Mrs. Vera Piletich, 860 Burke Avenue
e. 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 20,000 square
feet and everything north of Adele be guided by the Lakeshore ordinance.
Motion died for lack of asecond.
g. Following lengthy discussion, Councilman Bastian moved to proceed to the
next item.
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 thePlanning 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 ofthe 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 Lahore Road
- Mr. James Pagreba, 987 Beam Avenue
Mr. Marilyn Vars, 1140 Beam Avenue
Mr. Duane Sto1b, 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 to 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 Out lot A to the City.
10. Beam Avenue should be paid for by the developer and relocated within the
plat or Council must orderBeam 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 may be 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 approved
by staff.
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 -I2-246
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 following described
right of way: That part of the south 33 feet of the SW 1/4 of the NE 1/4 of
Section 4, T. 29N, R. 22W lying westerly of the following described line: Com-
mencing at the Southwest corner ofsaid 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 11045'30", along chord
of 67.6 feet bears N 60046'57" W and there terminating, to wit:
Property affected by the street vacation:
Those lots abutting on the south side of Beam Avenue
WHEREAS, the Maplewood City Council finds that the vacation of the above
described street and alley are in the interest of the public due to changing
land uses and obsolete platting.
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 City
Clerk is hereby directed toprepare a notice of completion of the proceedings
pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and
shallcause the same to be presented to the County Auditor for entry upon his
transferrecords and the same shall be thereafter filed with the Ramsey County
Recorder, subject to filing of a final plat for the Beam Lakeside Addition.
Seconded by Mayor Greavu. Ayes - a11.
_ 2ft _ 19/17
4. Rezoning andApproval of Office Use: White BearAvenue7:15 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 compatiblewith 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 - a11."
d. Mr. Bi11 Hennemuth, architect, Rieke, Carroll, Muller Associates and Mr.
Warren Bruggeman, Bensonand 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 Rademacher, 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 1655 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 $91.2 feet thereof
which has been proposed for rezoning from F, Farm Residence-District to LBC,..
Limited Business Commercial; and
WHEREAS, a public hearing was held on Decemberl7., 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 CITYGOUNCIL 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 wouldbe 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 BearAvenue. 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 resolutionvacating that portion of the VanDyke Street easement
lying south of the north line of proposed Outlot A, subject to the retention
of a utility easement, on the basis that:
1. Ramsey County Open Space land abuts this portion of right of way.
2. There is no publcneed for improvement.
3. The presence of the right of way unnecessarily restricts the development
potential of the property abutting to the east.
The Commission recommends approval of the resolution authorizing a-zone change
for the mall site from Limited Business Commercial to Business Commercial.
Also recommend approval of the preliminary plat subject to:
1. All easements (Gervais Avenue, storm water, ponding, and sanitary sewer)
being 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.
3. 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 trans-
fer 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
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.
Commissioner Fischer seconded. Ayes - a11."
d. Mr. Ralph Wagner, Engineering Consultant, Probe Engineering, representing
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 Maplewood
said petition having been signed by more than 50% of the owners of property
- within 200 feet of the property described as follows:
Thatpart of the NW 1/4 of Section 11, T. 29, R. 22, Ramsey County Minn-
esota; thence N 89° 18' S4" W, along the South line of said NE 1/4, 423.32
feet, thence S 89° 18' S4" 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 curve
concave to the Southeast having a radius of 649.83 feet and a cental angle
of 21° 32' 46", a distance of 244.30 feet to the point of beginning, said
point of ;.beginning also being on the center line of Gervais Avenue; thence
continuing along last described curve and along said center line, radius
649.83 feet and-.central angle 21° 17' 44", a distance of 241.53 feet; thence
S 89° 59' 09" E, 377.69 feet to the westerly line of White Bear Avenue,
thence N 20° 42' 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 plat
of Crestmoor: thence S 0° 02' 34" W along saideast 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 line 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 hearing was held on December 17, 1981, at 7:30 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, 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 preliminaryplat as requested for the
- Maple Ridge Mall subject to the following conditions:
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.
3. 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:withRamsey 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
parcel."
Approval of the rezoning and preliminary plat does not imply approval of the
site plan. Review of the site plan is done through theCommunity Design Review
Board.
Seconded by Councilman Bastian. Ayes - a11.
j. Councilman Anderson introduced the following resolution and moved its adoption:
Sl - 12 - 249
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851,
thereof, the Maplewood City Council, upon petition ofa majority ofthe owners
of theland 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 BY 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
causeathe same to be presented to the County Auditorfor 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 - a11.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Subdivision Ordinance - Second Reading.
a. Manager Evans presented the staffreport.
b. Councilman Anderson moved an amendment to the ordinance requiring 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 following 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, zequirements, 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 re £erred 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 1006 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 of land by the general public, a corporation or certain persons for
specific purposes.
Final plat: A "final plat" is a map or plan of a subdivision and any accom-
panying material, as described in section 1007 of this chapter.
Frontage: "Frontage" is the width of a lot or building site measured on the
line separating it from a public street or way.
Lot: "Lot" is a portion of a subdivision or other parcel of land intended
for building development or for transfer of ownership.
Natural waterway: A "natural waterway" shall mean any natural passageway
in the surface of the earth so situated and having such a topographical nature
that surface water flows through it from other areas before reaching a final
ponding area. The term also means any and all drainage structures that
have been constructed or placed for the purpose of conducting water from one
place to another.
- 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 ofzecord
pursuant to Minnesota Statutes, Chapter 505 and containing all elements and
requirements set forth in applicable city regulations, adopted pursuant to
Minnesota Statutes, Section 962.358 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 962.358 and the applicable subdivision
regulation. In accordance with Section 962.358 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 long-term
leasehold interests .where the creation of the lease-hold interest necessitates
the creation of streets, roads or alleys for residential, commercial, industrial
or other use or any combination thereof, except those separations:
(1) Where all the resulting parcels, tracts, lots or interests will be twenty
(20) acres or larger in size and five hundred (500) feet in width for
residential uses and five (5) acres or larger in size for commercial and
- 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
ofr traffic continuity and serving as an arterial trafficway between the
- - various districts of the city.
Topography: "Topography" is the detailed description of the features of
a relatively small area and also means the relief features or surface con-
- figuration of an area.
Zoning: "Zoning" is the reservation of certain specified areas within the
city for buildings and structures for certain purposes, with other limit-
ations 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)
1009. 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, 1995 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, 1960; 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. PRE LIDfI NARY 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 foz 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
_ '~R _ 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-
perty owner, and all other property ownezs 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.
(d) Following preliminary approval the applicant may request final approval
by the city, and upon such request the city shall certify final approval
within sixty (60) days if the applicant has complied with all conditions
and requirements of applicable regulations and all conditions and require-
ments upon which the preliminary approval is expressly conditioned
either through performance or the execution of appropriate agreements
assuring performance. If the city fails to certify final approval
as so required, and if the applicant has complied with all conditions
and requirements, the application shall be deemed finally approved
and upon demand the city shall execute a certificate to [hat effect.
After final approval a subdivision may be filed or recorded.
(e) For one year following preliminary approval and for two (2) years follow-
ing final approval, unless the subdivider and the city agree otherwise,
no amendment [o a Comprehensive Plan or official control shall apply
to or affect the use, development density, lot size, lo[ layout or
dedication or platting required or permitted by the approved application.
Thereafter, pursuant to its regulations, the city may extend the period
by agreement with the subdivider and subject [o 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
ofa 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 periods of time longer than two (2) years which it determines
to be reasonable and appropriate.
(f) A person conveying a new parcel of land which, or the plat for which,
has not previously been filed or recorded, and which is part of or
would constitute a subdivision [o which adopted city subdivision reg-
ulations apply, shall attach to the instrument of conveyance ¢ither:
(1) recordable certification by the City Clerk that the subdivision
regulations do not apply, or that the subdivision has been approved
by the Ci[y Council, or that [he restrictions on the division of taxes
and filing and recording have been waived by resolution of the City
Council because compliance will create an unnecessary hardship and
failure to comply will not interfere with the purpose of the regulations;
or (2) a statement which names and identifies the location of the approp-
- 39 - 12/l7
riate city offices and advises [he 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 [he filing or recording of the conveyance may be prohibited
without prior recordable certification of approval, nonapplicability,
_ or waiver from [he city. In any action commenced by a buyer of such
a parcel against [he 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 [o 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 [he purchase price of the land.
1006. QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAT.
(a) The Planning Commission may recommend and [heCity 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 [he general
acceptability of the layout as submitted.
(c) Before any preliminary plan is approved by the City Council under this
chapter, [he information furnished with said plan must show conclusively
that the area proposed to be subdivided is drainable and that the land
- - is of such nature as to make its intended use practi cal and feasible.
If these features are not apparent, the owner shall be required to enter
into `an agreement guaranteeing that all adverse conditions will be corrected
and that. drainage will be accomplished in a satisfactory manner. The final
decision in this matter shall be made by the City Council acting upon the
advice and recommendation of its engineer and other authorized representative.
(d) The City Council may condition its approval on the construction and install-
ation of fully operational sewers, streets, electric, gas, drainage, and
water facilities, and similar utilities and improvements or, in lieu thereof,
on [he 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 [he 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 [he public or preserved for public use as parks, playgrounds,
[rails or open space; provided that:
- 40 - 12/17
(1) The city may 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;
- (2) Any cash payments received shall be placed in a special fund by the
city used only for [he purposes for which the money was obtained;
(3) In establishing the reasonable portion to be dedicated, the City
Council may consider [he open space, park, recreational or common
areas and facilities which the applicant proposes to reserve for the
subdivision; and
(4) The city reasonably determines that it will need to acquire [hat portion
of land for the purposes stated in [his subsection as a result of the
approval of thesubdivision (Code 1965, section 1004.020)
(5) Within the legal boundaries of the City's designated Critical Area
[he City 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 [o the Mississippi River Bluffs or Fish Creek.
The City Council may release the developer in part or in total from
a park dedication fee in lieu of the value of the above dedicated
blufflands. (Amended from Ord. 503, 5-21-B1)
1007. NECESSARY DATA FOR FINAL PLAT.
The final plat required by this chapter shall be prepared by a registered land
surveyor and shall conform to.all state and county requirements and the provisions
of [his section. All information required on the final plat application provided
by the Director of Community Development shall be shown on the final plat {Code
1965, Section 1004.050).
1008. MINIMUM SUBDIVISION DESIGN STANDARDS.
(a) A proposed subdivision under this chapter shall meet the minimum subdivision
design standards set forth in this section.
(b) Streets:
(1) Street Plan. The arrangement, character, extent, width, and location
of all streets shall conform to standards for street construction on
file in the office of the Director of Public Works, including relation
to existing and planned streets, to reasonable circulation of traffic,
[o 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 [o the reasonable development of the subdivision
in conformity with the other requirements of these regulations and
the overall plan fo the neighborhood in which [he plat is situated.
Wherever a half street is adjacent to a tract [o 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-
[an~e as possible between the origin or main street and the end of
the cul-de-sac. In no case shall cul-de-sacs exceed 1000 feet in length,
unless no other alternative is possible. Each cul-de-sac shall have
- a terminus of nearly circular shape with a minimum diameter of one
hundred (100) feet.
(4) Reserve strips. Privately-owned reserve strips controlling access
to streets are prohibited. Publicly-owned reserve strips may be required
by the City Council, where necessary to assure equitable payment for
streets.
(c) Blocks:
(1) Length. The length of any block in a subdivision shall be no more
than one thousand three hundred twenty (1,320) feet.
(2) Cross-walks and alleys. The use of cross-walks through any block
or the placing of alleys in any block is to be permitted only when
absolutely necessary in [he 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 Ci[y Council
may require alleys in commercial areas where adequate off-street
loading space is no[ available.
(2) Pedestrian ways. Pedestrian ways, where permitted, shallbe atleast
fifteen (15) feet wide.
(e) Easements:
(1) tltility easements: Easements at least twelve (12) feet wide,
centered on rear lot lines, sha17 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 i[ appears
[ha[ 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 [he City Engineer and
[he City Attorney to authorize such increased flow onto adjoining
private lands.
- 42 - 12/17
_ (f) Lots:
(1) Single-family generally. The minimum lot dimension:> in subdivisions
designated for single-family detached dwelling developments shall be:
a. Seventy-five (75) fee[ wide a[ 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. No[ less than seven thousand five hundred (7,500) square feet in
area if designated as Rm, Medium Density Residential on the city
land use plan.
_ (2) Single family corner The minimum corner lo[ dimensions for single-
: family detached dwelling developments where permitted under the zoning
ordinance shall be:
a. One hundred (100) feet wide a[ the estiblished building setback
line;
b. No[ less than one hundred (100) feet in depth; and
c. Not less than ten thousand (10,000) square feet in area.
(3) Rear lot lines. The minimum dimensions at the rear lot line of any
lot shall be thirty (30) feet.
(4) Location. All lots shall abut on a publicly dedicated and maintained
street.
(5) Side lot lines. Side line s. of lots shall be substantially at right
angles or radial to the street line.
(6) Double-frontage lots. Double-frontage lots shall not be permitted,
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, channel
oz 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 shall be shown for all natural features, such as tree growth,
watercourses, historic spots or similar conditions, which if preserved
will add attractiveness and value to the proposed development. The
City Council may require the clustering of lots, such as with a PUD,
to preserve natural features.
(9) Double dwellings. The minimum lo[ dimensions on parcels designated
for double dwellings shall be:
- 43 - 12/17
a. Eighty-five (85) feet wide at the established building setback line;
and
b. Twelve thousand (12,000) 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 leas[ thirty (30) feet from the property line and shall be contin-
uous within each entire block.
(11) Outlots. No building permit will be issued for construction upon
any lo[ designated as an outlot upon any plat, except by special
use permit pursuant to article V of Chapter 36 of this Code. (Code
1965, sections 1005.010, 1005-020, 1006.00 - 1006.090; Ordinance
No. 442A section 1, 5-18-78, Ordinance 472, section 1, 7-5-79; Ord-
inance No. 481, section 1, 2-21-80)
1009. SOIL TESTS.
The City Council may require soil tests prior to the final approval of
any plat. These soil tests shall consist of test holes to a depth necessary
to determine the various types of soil to be encountered before reaching a stable
base. Such test holes, when ordered by the city authorities, shall be drilled
at the expense of the owner or developer. The information disclosed shall be
furnished to [he City Council, together with a copy of the proposed plat showing
- the location of each test hole. The information required by [he 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 [he 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, [he City Council shall immediately,
upon the recording of such plat, proceed [o rezone all the property in [he 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, sus[antiating 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 - GENERALLY.
(a) The minimum necessary required land improvements within the dedicated
street rights-of-way in new final plats shall include:
(1) Sanitary sewer facilities
- (2) Public water facilities
(3) Storm sewer facilities
(4) Street, curb and gutter
(5) Street luminaries
(6) Boulevard turf establishment
(7) Street tree installation
(8) Street identification and traffic control signs
(b) All utilities shall be provided underground.
(c) Water and sanitary sewer lines must be connected [o the municipal
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
receiving a report signed by the City Engineer cer[i,fying that the
improvements and construction of the land and streets, together with
all other necessary facilities in the plat have been completed or
satisfactorily arranged for in accordance with provisions of the city
regulations for land improvement and construction. Before a final
plat is approved by [he Ci[y Council, the owner and subdivider of
the land covered by said plat shall execute and submit to [he City
Council an agreement, which shall be binding on his heirs, personal
representatives and assigns, stipulating [hat he will not cause private
construction to be made on any lots in said plat, or file, or cause
to be filed, any applications for building permits for such construction
on such lots, until all improvements required under the city regulations
for street construction have been made, or arranged for, in the manner
provided herein and in chapter 29 of this Code. (Code 1965, section
1007.020).
1013. SAME - COMPLIANCE PREREQUISITE FOR ISSUANCE OF BUILDING PERMITS.
No building permit shall be issued for the construction of any building,
structure or improvement to the land or any lo[ within a subdivision which
has been approved for platting, until all requirements of this chapter
and all provisions of this Code for street construction and land improve-
ments have been complied with in full. (Code 1965, section 1007.030)
1014. LOT DIVISIONS.
(a) For [he 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
(b) The Director of Community Development may approve or cause to be modified
plans for a lot division. The Director must first determine, however,
that the plans meet all city ordinances and policies, and [hat 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 [his section are met, a lot occupied by a double
bungalow may be split along the party wall to allow for individual owner-
ship of each unit. The newly created lots shall each, therefore, be exempt
from the minimum lo[ width and area requirements of this Code, but a minimum
combined area of twelve thousand (12,000) square feet shall still be re-
quired for the resulting lots.
ti (b) All of the following conditions must be met before a lot split described
in subsection (a) of this section may be approved:
(1) The property and structure must be able to be easily split into two
(2) substantially equal sections.
(2) The structure must meet current building code standards for fire wall
separation. This may be added to an existing unit.
(3) Separate utility services must be provided.
(4) Deed restrictions shall be recorded with the property requiring that
-the structure shall have a uniform exterior appeazance in terms of
color, design and maintenance.
(5) Deed restrictions shall be recorded with the property that if one
unit is burned or destroyed, it shall be reconstructed in a uniform
appearance, and if both units are burned or destroyed, minimum lot
widths shall then prevailfor a single-dwelling home. A double dwelling
may be rebuilt meeting the original conditions of this section.
(6) Any disputes shall be submitted to binding arbitration according to
the rules of the Minnesota arbitration association.
(7) Any other conditions shall be imposed [hat City deems necessary to
assure compatibility with surrounding structures or to assure a reason-
able division of property. (Ordinance No. 442A, Subdivision 1,
5-18-78)
Seconded by Councilman Anderson. Ayes - all.
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 2. This ordinance shall take effect and be in force from and after
its passage and publication as provided by law.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilpe.rson Juker,
Councilmen An dersom_arrd~isN~lson
Nays - Councilman Bastian.
3. Ordinance to Increase Sewer Rates - Second Reading
a. Manager Evans presented the staff report.
b. Councilman Anderson introduced the following 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 $52.40
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
Glass B $1.31 per 1,000 gallons
Class A customers are defined as those [hat maintain private
sewer system lines on a site of a[ least 200 acres.
Class B customers are defined as all other non-residential
cust-omers.
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 ls[ 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 which shall be connected with [he City
sewer system for the discharge and disposal of other residential,
commercial or industrial sewage waste, or any waste unusual in
either character or amount, then in addition to all applicable
charges hereunder, the Ci[y Council reserves the right to impose
such supplemental sewage rate charge as said City Council shall
determine as reasonable and warranted on the basis of all
relevant factors.
Section 2. This ordinance shall take effect and be in force beginning January 1,
1982.
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 N0. 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:
_ "406.120 (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 or his agent, the vehicle
is declared to be abandoned, and the pound keeper shall take custody of
said vehicle anddispose of it ashe 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 Gity 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 Luker 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 - a11.
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 o£ 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 Scherer, one of the applicants, spoke on behalf of the proposal.
d. Councilperson Juker moved to approve the special 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 Gynecology).
Seconded by Councilman Anderson. Ayes - a11.
2. Plan Amendment: Maplewood Drive and Beam Avenue
a. Manager Evans presented the staff report.
b. Commissioner Duane Prew presented 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 LSC 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 $W land uses.
Commissioner Kishel seconded. Ayes a11."
c. 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.
Councilperson Juker moved to extend the agenda 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 proposal.
c. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 12 - 250
WHEREAS, it is proposed to improveHolloway Avenue from North St. Paul Road
to Century Avenue and Sterling Street from Larpenteur Avenue to Holloway Avenue
by reconstruction of the roadway, installation of storm sewer and utility appur-
tenances and to assess the benefited property for all or a portion of the cost
of the improvement, pursuant to Minnesota Statutes, chapter 429;
NOW, THEREFORE, BE ZT RESOLVED BY THE CITY COUNCIL OF MAPLE WOOD, MINNESOTA,
that the proposed improvement be referred to the City Engineer for study and
that he is instructed to report to the Council with all convenient speed, advising
the Council in a preliminary way as to whether the proposed improvement is feasible,
and as to whether it should best be made as proposed or in connection with some
- other improvement, and the estimated cost of the improvement as recommended.
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 jointpowers 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 Council of Maplewood, Minnesota deems it necessary and
advisable that the following change be made in the designation of Municipal
State Aid Streets under the provisions of Minnesota Laws of 1967, Chapter 162;
NOW, THEREFORE, BE IT RESOLVED, by the City 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
Aid Street of said City, subject to the approval of the Commissioner of Highways
for theState of Minnesota.
BE IT FURTHER RESOLVED, that the Clerk is hereby authorized and directed
to forward two certified copies of this resolution to the Commissioner of Highways
for his consideration.
Seconded by Councilman Bastian. Ayes - a11.
e. Mayor Greavu moved to approve an agreement for the cost sharing of .the
recommended feasibility report. The agreement is between North St.Pau1 and
Maplewood and cost is estimated at $6,500 to $8,500 for each community's share.
Seconded by Councilman Bastian. Ayes - a11.
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4. H.R.A. Resignation
a.. Manager Evans presented the staffreport.
b. Councilman Anderson introduced the following 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 onbehalf 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.
Secondedby 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 upgrading
- County Road C.. North St. Paul is interested in proceeding
with their portion.
b. Councilman Bastian moved that the staff draft a resolution informing North
St. Paul of P4aplewood's intention to proceed.
Seconded by Councilman Anderson. Ayes - a11.
3. Lyle Erickson - Appointment - Cab 1e 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.
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M. ADJOURNMENT
11:47 P.M.
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tcs~
T City Clerk
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