HomeMy WebLinkAbout11.06.80�Y!
A. CALL TO ORDER
MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, November 6, 1980
Council Chambers, Municipal Building
Meeting No. 80 -28
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:30 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor
Present
Norman G. Anderson, Councilman
Absent
Gary W. Bastian, Councilman
Present
Frances L. Juker, Councilperson
Absent
Earl L. Nelson, Councilman
Present
C. APPROVAL OF MINUTES
1. Minutes No. 80 -25 (October 2,
1980)
Councilman Bastian moved that the Minutes of Meeting No 80 -25 (October 2 1980) be
approved as submitted
Seconded by Councilman Nelson. Ayes - all.
2. Minutes No. 80 -26 (October 9, 1980)
Councilman Bastian moved that the Minutes of Meeting No. 80 -26 (October 9, 1980) be
approved as submitted.
Seconded by Councilman Nelson. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended
1.
2.
3.
4.
5.
6.
City Policy
Sherwin Williams
Cope & Atlantic
Revenue Bonds
County Ditch 17
Gifford vs City
Seconded by Councilman Bastian
E. CONSENT AGENDA
Ayes - all.
Councilman Bastian moved seconded by Councilman Nelson, Ayes - all, to approve the
consent agenda, items 1 through 12 as recommended
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,a
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses, Check No. 004823 through
Check No. 004901 - $380,989.57; Check No. 007338 through Check No. 007529 - $130,152.22;
Part II Paryoll - Check No. 25858 through Check No. 25984 - $50,539.70) in the amount
of $561,681.49.
2. Property Divisions
a. Division No. 55221 - Resolution No. 80 -11 -194
WHEREAS, pursuant to Resolution 80 -7 -167 of the City Council of Maplewood,
adopted July 31, 1980, the special assessments for the construction of Diseased
Trees 79 -6 were levied against the attached list of described properties; said list
made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list,.said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Diseased Trees 79 -6 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list; said list made a part herein.
b. Division No. 55582 - Resolution No. 80 -11 -195
WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1980, the special assessments for the construction of Water Improvement
75 -16 were levied against the attached list of described properties; said list made
a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessment for Water Improvement 75 -16 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list; said list made a part herein.
c. Division No. 55781 - Resolution No. 80 -11 -196
WHEREAS, pursuant to Resolution 65 -8 -247 of the City Council of Maplewood,
adopted August 25, 1965, the special assessments for the construction of Sewer and Water
No. 2 against the heretofore mentioned properties be correctly certified to the Auditor
of Ramsey County in the amounts stated on the attached list; said list made a part
herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Sewer and Water No. 2 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County
attached list; said list made a part herein.
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d. Division No. 55785 - Resolution No. 80 -11 -197
WHEREAS, pursuant to Resolution 69 -9 -154, 73 -8 -195, 73 -8 -195, 78 -8 -174, 76 -8 -160,
76 -8 -161 and 79 -8 -210 of the City Council of Maplewood, adopted September 9, 1969,
August 28, 1973, August 28, 1973, August 22, 1978, August 24, 1976, August 24, 1976
and August 9, 1979, the special assessments for the construction of Storm Sewer 68 -2,
Storm Sewer 70 -5, Water 70 -5, Water 75 -16, Street 70 -5A, Beam 70 -5A and Trees 78 -6
were levied against the attached list of described properties; said list made a part
herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Storm Sewer 68 -2, Storm Sewer 70 -5, Water 70 -5, Water 75 -16,
Street 70 -5A, Beam 70 -5A and Trees 78 -6 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list; said list made a part herein.
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e. Division No. 55790 - Resolution No. 80 -11 -198
WHEREAS, pursuant to Resolution 68 -9 -181, 79 -8 -210 of the City Council of Maplewood,
adopted September 24, 1968 and August 9, 1979, the special assessments for the con-
struction of Water Improvement 7P -1 -4 and Trees 78 -6 were levied against the attached
list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 7 P -1 -4 and Trees 78 -6 against the heretofore
mentioned properties be correctly certified to the Auditor of Ramsey County in the
amounts stated on the attached list; said list made a part herein.
f. Division No. 55796 - Resolution No. 80 -11 -199
WHEREAS, pursuant to Resolution 78 -8 -174 and 77 -7 -124 of the City Council of
Maplewood, adopted August 22, 1978 and July 26, 1977, the special assessments for the
construction of Water Improvement 7 -516 and Trees 76 -6 were levied against the attached
list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 75 -16 and Trees 76 -6 against the heretofore
mentioned properties be correctly certified to the Auditor of Ramsey County in the
amounts stated on the attached list; said list made a part herein.
g. Division No. 55797 - Resolution 80 -11 -200
WHEREAS, pursuant to Resolution 74 -8 -180 and 78 -8 -174 of the City Council of
Maplewood, adopted August 19, 1974 and August 22, 1978, the special assessment for the
construction of Water Improvement 73 -1 and Water 75 -16 were levied against the attached
list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described accord-
ing to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 73 -1 and Water 75 -16 against the heretofore men-
tioned properties be correctly certified to the Auditor of Ramsey County in the amounts
stated on the attached list; said list made a part herein.
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h. Division No. 55812, 55298 and 55976 - Resolution No. 80 -11 -201
WHEREAS, pursuant to Resolution 73 -8 -203 and 78 -8 -174 of the City Council of Maple-
wood, adopted August 30, 1973 and August 22, 1978, the special assessments for the
construction of Storm Sewer 72 -13 and Water 75 -16 were levied against the attached
list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Sanitary Sewer 72 -13 and Water 75 -16 against the heretofore men-
tioned properties be correctly certified to the Auditor of Ramsey County in the amounts
stated on the attached list; said list made a part herein.
i. Division No. 55816 - Resolution 80 -11 -202
WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1978, the special assessments for the construction of Water Improvement 75 -16
were levied against the attached list of described properties; said list made a part
herein; and
WHEREAS, the above mentioned properties have been conveyed and are described accord-
ing to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 75 -16 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list; said list made a part herein.
j. Division No. 55834 - Resoltuion 80 -11 -203
WHEREAS, pursuant to Resolution 79 -8 -210 of the City Council of Maplewood, adopted
August 9, 1979, the special assessments for the construction of Trees 78 -6 were levied
against the attached list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Trees 78 -6 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
k. Division No. 55862 - Resolution No. 80 -11 -204
WHEREAS, pursuant to Resolution 70 -9 -135 of the City Council of Maplewood, adopted
September 1, 1970, the special assessments for the construction of Water 69 -21 were
levied against the attached list of described properties; said list made a part herein;
and
WHEREAS, the above mentioned properties have been conveyed and are described accord-
ing to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
assessments for Water 69 -21 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
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1. Division No. 55881 - Resolution No. 80 -11 -205
WHEREAS, pursuant to Resolution 69 -90162 and 78 -8 -174 of the City Council of the
City of Maplewood, adopted September 10, 1969 and August 22, 1978, the special assess-
ments for the construction of Water Improvement 68 -1 and Water Improvement 75 -16 were
levied against the attached list of described properties; said list made a part herein;
and
WHEREAS, the above mentioned properties have been conveyed and are described accord -
ing to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
assessments for Water Improvement 68 -1, Water Improvement 75 -16 against the heretofore
mentioned properties be correctly certified to the Auditor of Ramsey County in the
amounts stated on the attached list; said list made a part herein.
m. Division No. 55915 - Resolution No. 80 -11 -206
WHEREAS, pursuant to Resolution 78- 8- 161-and 80 -7 -167 of the City Council of Maple-
wood, adopted August 10, 1978 and July 31, 1980, the special assessments for the con -
struction of Trees 77 -6 and Tree Removal 79 -6 were levied against the attached list of
described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Trees 77 -6 and Tree Removal 79 -6 against the heretofore mentioned
properties be correctly certified to the Auditor of Ramsey County in the amounts
stated on the attached list; said list made a part herein.
n. Division No. 55916 - Resolution No. 80 -11 -207
WHEREAS, pursuant to Resolution 65 -8 -247 of the City Council of Maplewood, adopted
August 25, 1965, the special assessments for the construction of Sewer & Water No. 2
were levied against the attached list of described properties; said list made a part
herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Sewer & Water No. 2 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list,; said list made a part herein.
o. Division No. 55957 - Resolution 80 -11 -208
WHEREAS, pursuant to Resolution 74 -8 -180 and 78 -8 -174 of the City Council of Maple-
wood, adopted August 19, 1974 and August 22, 1978, the special assessments for the con-
struction of Water Improvement 73 -1 and Water 75 -16 were levied against the attached
list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 73 -1 and Water 75 -16 against the heretofore
mentioned properties be correctly certified to the Auditor of Ramsey County in the
amounts stated on the attached list; said list made a part herein.
p. Division No. 55978 - Resolution No. 80 -11 -209
WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1978, the special assessments for the construction of Water Improvement
75 -16 were levied against the attached list of described properties; said list made a
part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 75 -16 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list; said list made a part herein.
q. Division No. 56034 - Resolution No. 80 -11 -210
WHEREAS, pursuant to Resolution 68 -9 -178, 74 -8 -180, 78 -8 -174 and 79 -8 -210 of the
City Council of Maplewood, adopted September 23, 1968, August 19, 1974, August 22,
1978, August 9, 1979, the special assessments for the construction of Sanitary Sewer,
Water Improvement 73 -1, Water 75 -16 and Trees 78 -6 were levied against the attached
list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPELWOOD, MINNESOTA, that
the assessments for Sanitary Sewer, Water Improvement 73 -1, Water Improvement 75 -16
and Trees 78 -6 against the heretofore mentioned properties be correctly certified to the
Auditor of Ramsey County in the amounts stated on the attached list; said list made
a part herein.
r. Division No. 56037 - Resolution No. 80 -11 -211
WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1978, the special assessments for the construction of Water 75 -16 were levied
against the attached list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water 75 -16 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
s. Division No. 56039 - Resolution No. 80 -11 -212
WHEREAS, pursuant to Resolution 67 -9 -208 of the City Council of Maplewood, adopted
September 6, 1967, the special assessments for the construction of Water Improvement 6
were levied against the attached list of described properties; said list made a part
herein;
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WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 6 against the heretofore mentioned properties
be correctly certified to the Auditor of Ramsey County in the amounts stated on the
attached list; said list made a part herein.
t. Division No. 56049 - Resolution No. 80 -11 -213
WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1978, the special assessments for the construction of Water 75 -16 were levied
against the attached list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water 75 -16 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
u. Division No. 56053 - Resolution No. 80 -11 -214
WHEREAS, pursuant to Resolution 78 -8 -161 of the City Council of Maplewood, adopted
August 10, 1978, the special assessments for the construction of Trees 77 -6 were levied
against the attached list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Trees 77 -6 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
v. Division No. 56089 - Resolution No. 80 -11 -215
WHEREAS, pursuant to Resolution 66 -9 -271 and 78 -8 -174 and 78 -8 -170 of the City
Council of Maplewood, adopted September 15, 1966, August 22, 1978 and August 22, 1978,
the special assessments for the construction of Water Improvement 5, Water 75 -16 and
County Ditch 17 - 74 -18 were levied against the attached list of described properties;
said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water Improvement 5, Water 75 -16 and County Ditch 17, 74 -18 against
the heretofore mentioned properties be correctly certified to the Auditor of Ramsey
County in the amounts stated on the attached list; said list made a part herein.
w. Division No. 56093 - Resolution No. 80 -11 -216
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WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1978, the special assessments for the construction of Water 75 -16 were
levied against the attached list of described properties; said list made a part herein;
and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the assessments for Water 75 -16 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
x. Division No. 56108 - Resolution No. 80 -11 -217
WHEREAS, pursuant to Resolution 78 -8 -174 of the City Council of Maplewood, adopted
August 22, 1978, the special assessments for the construction of Water 75 -16 were levied
against the attached list of described properties; said list made a part herein; and
WHEREAS, the above mentioned properties have been conveyed and are described
according to the attached list, said list made a part herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
assessments for Water 75 -16 against the heretofore mentioned properties be correctly
certified to the Auditor of Ramsey County in the amounts stated on the attached list;
said list made a part herein.
3. Application for Gambling License - Hill Murray High School
Approved a temporary gambling permit for Hill Murray High School for November 17,
1980.
4. Final Plat - Valleyview Estates
Approved the final plat fo Valleyview Estates subject to complying with the condit-
ions of the preliminary plat.
5. Budget Changes: V E M Fund Rent
Approved the budget changes as itemized:
Division Current
Code Division Title 1980 Budget
101 Manager's Office 2,600
131 Engineering 7,350
132 Project Engineering 2,800
133 Street Maintenance 176,000
134 Drainage 5,280
142 Park Administration 5,100
143 Park Maintenance 68,000
-8-
Surplus
Less 1980 (Deficit)
Re —Est. Transfer
4,240 (1,640)
3,070 4,280
8,470 (5,670)
160,720 15,280
600 4,680
11,660 (6,560)
66,730 1,270
11/6
152 Planning Administration
155 Environmental Health
Totals
2,540 3,880 (1,340)
2,110 4,410 (2
271,780 263,780 8,000
the $8,000 left over after the above changes be transferred to the Contingency Account
within the General Fund.
6. Court Lease: 1981
Staff is authorized to execute a lease agreement with Ramsey County for court space
curing 1981 at $6.32 per square foot.
7. Petition - Utility Improvement - Keller Parkway
Resoltuion No. 80 -11 -218
WHEREAS, it is proposed to improve Keller Parkway from Palm Court to Leola Road
by providing sanitary sewer service 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 IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the Director of Public Works 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.
8. Petition - Sanitary Sewer - Linwood Avenue
Resolution No. 80 -11 -219
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A certain petition requesting the improvement of Linwood Avenue 1020 feet east of
McKnight Road by providing sanitary sewer service filed with the Council on
November 6, 1980, is hereby declared to be signed by the required percentage of
owners of property affected thereby. This declaration is made in conformity to
Minnesota Statutes, Section 429.035.
2. The petition is hereby referred to the Director of Public Works and he is instruct-
ed to report to the Council with all convenient speed adivsing 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 im-
provement, and the estimated cost of the improvement as recommended.
3. It is ordered that the feasibility study be prepared with the condition that the
petition sponsor guarantee the cost of the Etudy in advance.
9. Speed Zone Study: Larpenteur Avenue
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WHEREAS, it is deemed necessary, expedient, and proper to regulate the speed
of traffic on Larpenteur Avenue from Rice Street to Parkway Drive in Maplewood,
Minnesota, and;
WHEREAS, said roadway is under the jurisdiction of Ramsey County, Minnesota;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
That Ramsey County, Minnesota, be requested to conduct a speed zone study on
Larpenteur Avenue from Rice Street to Parkway Drive in Maplewood, Minnesota.
10. State Aid: Gervais Avenue
Resolution No. 80 -11 -221
WHEREAS, the City Council of Maplewood, Minnesota, deems it necessary and avail-
able that the following changes be made in the designation of Municipal State Aid
Streets under the provision 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 Gervais Avenue (proposed alignment) from Gervais Avenue (existing
alignment) to White Bear 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 the State of Minnesota.
BE IT FURTHER RESOLVED, that the roadways described as Gervais Avenue (existing
alignment), from White Bear Avenue to approximately 1350 feet west be hereby removed
from the Municipal State Aid Street designation, subject to the approval of the Com-
mission of Highways for the State 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 con-
sideration.
11. Cancellation of Amount Due: County Ditch 17
Resolution 80 -11 -222
WHEREAS, on June 16, 1977, the City Council of Maplewood, Minnesota, approved a
supplemental agreement for the County Ditch 17 Project to provide piping and a manhole
requested by Ramsey County for the Goodrich Golf Course Maintenance Yard; and
WHEREAS, Ramsey County was subsequently sent invoice No. 1468 in the amount of
$11,500 for construction costs of said Project, which invoice has not yet been paid;
and
WHEREAS, portions of said piping have since failed; and
WHEREAS, Ramsey County will completely reconstruct this drainage system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
That the $11,500 due from Ramsey County for supplemental piping at the Goodrich
Golf Course Maintenance Yard be cancelled as a credit for repair work on the County
Ditch 17 system.
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12. Budget Adjustment: V.E.M. Fund
Approved the sum of $10,000 be added to the Vehicle and Equipment Maintenance
Budget, (to cover the repairs to the CAT 930 front end loader) thuslreducing the
year end carry over by a like amount; the monies identified for this purpose in
the 1981 Budget be deleted.
NEW BUSINESS
3. Petition on McKnight Road
a. Mrs. Richard Myers, 1806 McKnight Road, expressed her concerns regarding the
proposed improvement of McKnight Road. Mrs. Myers submitted a petition signed by
area residents sobjecting to the upgrading of McKnight Road.
b. Mayor Greavu moved to establish a meeting with the Council, State of Minnesota
Officials and the area residents to discuss the improvements.
Seconded by Councilman Bastian. Ayes - all.
F. PUBLIC HEARINGS
1. Revenue Note: Datsun Dealership (7:30 P.M.)
a. Mayor Greavu convened the meeting for a public hearing regarding the issuance
of an industrial development revenue note for the acquisition of land, construction
and equipping of a 14,000 square foot automobile sales and service facility to be
located on the east side of Maplewood Drive south of County Road C. The Clerk
noted the dates of publication of the hearing notice and stated it was found to
be in order.
b. Manager Evans presented the staff report.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Whitcomb moved that the Planning Commission recommend to the City
Council preliminary approval of the tax exempt mortgage revenue note financing for
the Datsun Dealership as it is consistent with the City's Eligibility criteria.
Apecifically, the proposal would:
1. Be compatible with the planned use and zoning for the site;
2. Be a new business that the City wishes to attract. It offers significant
new employment opportunities and possesses a low potential for creating
pollution;
3. Provide a service not now available in the area.
Approval is subject to the developer paying all significant construction costs to
extend water to his site.
Commissioner Sletten seconded. Ayes all."
d. Mr. Gener Parranto, Real Estate Agent, spoke on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
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g. Mayor Greavu closed the public hearing.
h. Councilman Nelson introduced the following resolution and moved its adoption
80 - 11 - 223
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL.TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act ") as found and determined by the
legislature is to promote the welfare of the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
governmental services required to meet the needs of the
increased population and the need for development of land use
which will provide . an adequate tax base to finance these
increased costs and access to employment opportunities for such
population;
(c) The City Council of the City of Maplewood
( "the City ") has received from Hess Kline, an individual a
proposal that the City assist in financing a Project
hereinafter described, through the issuance of a Revenue Bond
or Bonds or a Revenue Note or Notes hereinafter referred to in
this resolution as "Revenue Bonds" pursuant to the.Act;
(d) The City desires to facilitate the selec-
tive development of the community, retain and improve the tax
base and help to provide the range of services and employment
opportunities required by the population; and the Project will
- 12„
11/6
assist the City in achieving those objectives. The Project
will help to increase assessed valuation of the City and
surrounding area and help maintain a positive relationship
between assessed valuation and debt and enhance the image and
reputation of the community;
(e) Company is currently engaged in the
business of developing real estate to be used for automobile
agencies as sales and service facilities. The Project to be
financed by the Revenue Bonds is an automobile sales and
service facility to be located in the City and leased. to Royal
Datsun, Inc. and consists of the acquisition of land and the
construction of buildings and improvements thereon and the
installation of equipment therein, and will result in the em-
ployment of additional persons to work within the new
facilities;
(f) The City has been advised by representa-
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City
Council adopted on October 16, 1980, a public hearing on the
Project was held on November 6, 1980 after notice was
published, and materials made available for public inspection
at the City Hall in Maplewood, all as required by Minnesota
Statutes, Section 474.01, Subdivision 7b at which public
hearing all those appearing who so desired to speak were heard;
(h)' No public official of the City has either a
direct or indirect financial interest in the Project nor will
any public official either directly or indirectly benefit
financially from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
1. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the —
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Revenue Bonds in the total
principal amount of approximately $600,000 to be issued
pursuant to the Act to finance the acquisition, construction
- 13 - 11/6
and equipping of the Project; and said agreement may also
provide for the entire interest of Company therein to be
mortgaged to the purchaser of the Revenue Bonds; and the City
hereby undertakes preliminarily to issue its Revenue Bonds in
accordance with such terms and conditions;
2. On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises en-
gaged in any business within the meaning of Subdivision la of
Section 474.02 of the Act; that the Project furthers the
purposes stated in Section 474.01, Minnesota Statutes; that the
availability of the financing under the Act and willingness of
the City to furnish such financing will -be a substantial
inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
develooment of economically sound industry and commerce, to
assist in the prevention of the emergence of bliqhted and
marginal land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the
population, to help prevent the movement of talented and
educated persons out of the and to areas within the State
where their services may not be as effectively used, to promote
more intensive development and use of land within and adjacent
to the City and eventually to increase the tax base of the
community;
3. The Project is hereby given preliminary approval by
the City subject to the approval of the Project by the Com-
missioner of Securities, and subject to final approval by this
Council, Company, and the purchaser of the Revenue Bonds as to
the ultimate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner of Securities, requesting his approval, and other
officers, employees and agents of the City are hereby
authorized to provide the Commissioner with such preliminary
information as he may require;
5. Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried
to completion and whether or not approved by.the Commissioner
will be paid by Company;
6. Briggs and Morgan, Professional Association, acting as
bond counsel, is authorized to assist in the preparation and
review of necessary documents relating to the Project, to
consult with the City Attorney, Company and the purchaser of
the Revenue Bonds as to the maturities, interest rates and
other terms and provisions of the Revenue Bonds and as to the
covenants and other provisions of the necessary documents and
to submit such documents to the Council for final approval;
- 14 - 1116
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the for this
purpose. The Revenue Bonds shall not constitute a charge, lien
or encumbrance, legal or equitable, upon any property or funds
of the City except the revenue and proceeds pledged to the
payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Bonds shall never have the
right to compel any exercise of the taxing power of the City to
pay the outstanding principal on the,Revenue Bonds or the
interest thereon, or to enforce payment thereof against any
property of the City. The Revenue Bonds shall recite in
substance that the Revenue Bonds, including interest thereon,
is payable solely from the revenue and proceeds pledged to the
payment thereof. The Revenue Bonds shall not constitute a debt
of the City within the meaning of any constitutional or
statutory limitation;
8. In anticipation of the approval by the Commissioner of
Securities and the issuance of the Revenue Bonds to finance all
or a portion of the Project, and in order that completion of
the Project will not be unduly delayed when approved, Company
is hereby authorized to make such expenditures and advances
toward payment of that portion of the costs of the Project to
be financed from the proceeds of the Revenue Bonds as Company
considers necessary, including the use of interim, short -term
financing, subject to reimbursement from the proceeds of the
Revenue Bonds if and when delivered.but otherwise without
liability on the part of the City;
Seconded by Mayor Greavu. Ayes - all.
2. Off Sale Liquor License - 1740 VanDyke Street - 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the application
of Mr. Marvin C. Koppen to operate on Off -Sale Liquor establishment at 1740 VanDyke
Street. The Clerk noted the dates of publication of the hearing notice and stated
the notice was found to be in order.
b. Manager Evans presented the staff report.
c. Mr. Marvin Koppen, the applicant, spoke on behalf of his request for an Off
Sale Liquor License.
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 Nelson introduced the following resolution and moved its adoption
- 15 - 11/6
80 - 11 - 224
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the
City of Maplewood on November 6, 1980, an Off Sale Intoxicating Liquor License
was approved for Mary - Eater, Inc. (Marvin C. Koppen), dba Party Time Liquors,
1740 VanDyke Avenue.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinance.
Seconded by Mayor Greavu. Ayes - all.
3. Off Sale Liquor License - MGM Liquor, 1975 E. County Road D - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Dwight Chesnut, MGM Liquors to operate an off sale liquor license at 1975
East County Road D. The Clerk noted the dates of publication and stated the hearing
notice was found to be in order.
b. Manager Evans presented the staff report.
c. Mr. Gary Gandrud, attorney representing MGM spoke on behalf of the request.
d. Mr. Ron Siehoff, attorney representing Dwight Chesnut, spoke on behalf of the
request.
e. Mr. Dwight Chesnut, the applicant, explained the base arrangements with MGM.
f. Mayor Greavu called for proponents. The following were heard:
Mr. Terry Maylish, owner of MGM Liquors.
g. Mayor Greavu called for opponents. The following were heard:
Mr. John Gormley, J & R Liquors
Mr. Arnold Thomas, Delta Liquors
Mr. Joe Stein, Laber's Liquors
Mr. Ken Hill, Maplewood Wine Cellar.
h. Following a lengthy discussion, Councilman Nelson moved to table this item
until the meeting of December 4, 1980.
Seconded by Councilman Bastian. Ayes - all.
4. Preliminary Plat - Tilsen's Maplewood Heights No. 11 - 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a proposed
land subdivision plat of four lots on Gall Avenue proposed by Tilsen Homes, Inc.
for a 1.7 acre parcel located at the southeast corner of McKnight Road and Gall
Avenue. The Clerk noted the dates of publication and stated the hearing notice
was found to be in order.
b. Manager Evans presented the staff report.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
- 16 - 11/6
"Commissioner Prew moved that the Planning Commission recommend to the City Council
approval of the preliminary plat, with the following conditions to be met before
final approval:
1. Approval of a final grading and drainage plan by the City Engineer. Such
plan shall be in general conformance with the following:
a. Areas opened by grading and to remain disturbed longer than one week
should be covered with a straw mulch applied at the rate of 70 -80 bales
per acre.
b. If the area is to remain open longer than 60 days, a temporary seeding
should be applied prior to mulching as follows:
early spring to July 1:
July 1 to October 15:
October 15 thru winter:
1 1/2 bu of oats /acre
1 1/2 bu of rye /acre
use mulch only
c. Permanent vegetation should be established immediately upon completion of
final grading. This can be done by seeding or sodding. If areas of sand and
gravel are encountered, topsoil should be mixed into the top 8 -10 inches of
this material prior to establishment of permanent vegetation.
2. Submission of a singed developers agreement for the extension of water to the
site be approved by the City Engineer.
Commissioner Kishel seconded.
Ayes - all.
d. Mr. Jim Tilsen, Tilsen Construction Co., spoke on behalf of the proposed pre-
liminary plat.
e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following person expressed his concerns:
Mr. Kurt Kramer.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to approve the preliminary plat of Robert Tilsens Maplewood
Heights No. 11 subject to the following conditions
1. Approval of a final grading and drainage plan by the City Engineer. Such
plan shall be in general conformance with the following:
a. Areas opened by grading and to remain disturbed longer than one week
should be covered with a straw mulch applied at the rate of 70 -80 bales
per acre.
b. If the area is to remain open longer than 60 days, a temporary seeding
should be applied prior to mulching as follows:
early spring to July 1: 1 1/2 bu of oats /acre
July 1 to October 15: 1 1/2 bu of rye /acre
October 15 thru winter: use mulch only
c. Permanent vegetation should be established immediately upon completion
of final grading. This can be done by seeding or sodding. If areas of
sand and gravel are encountered, topsoil should be mixed into the top
8 - 10 inches of this material prior to establishment of permanent vege-
tation.
- 17 - 11/6
2. Submission of a signed developers agreement for the extension of water to
the site be approved by the City Engineer.
Seconded by Councilman Nelson.
Ayes - all.
5. Code Amendment: Double Dwellings in R -1 Zone - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding rescinding
Sections 903.010 (8) and 904.010 (8) of the Zoning Code which permits double
dwellings in R -1 Single Dwelling Residence and F Farm Residence District by Special
Use Permit. The Clerk stated the hearing notice was in order and noted the dates
of publication.
:- b. Manager Evans presented the staff report.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Prew moved the Planning Commission recommend to the City Council
approval of the following:
1. Rescind Sections 903.010 (8) and 904.010 (8) of the City Code allowing
double dwellings in R -1 zones by special use permit.
2. Rescind the moratorium on double dwellings in R -1 zones.
3. Amend Section 202.150 (1) of the Community Design Review Board Ordinance
to include the review of double dwellings.
Commissioner Barrett seconded. Ayes - all."
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 Nelson moved first reading of an ordinance
903.01 (8) and 904.010 (8) of the zoning code as recommen
Commission.
Seconded by Councilman Bastian.
Ayes - Councilmen Bastian and Nelson.
Nay - Mayor Greavu.
6. Rezoning: 763 No. Century (R -1 to LBC) 8:30 P.M.
a. Mayor Greavu moved to table this item to the November 20, 1980 meeting.
Seconded by Councilman Bastian. Ayes - all.
7. Bodell Liquor License - Revocation - 8:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the forfeiture
of bond and off sale liquor license at Bodell, Inc., 1690 White Bear Avenue.
b. Manager Evans presented the staff report.
-18- 11/6
c. Mr. John Newell, President of Bodell, Inc., stated since the violations have
occured, he has taken several steps to correct the problem.
d. Mayor Greavu moved to table to the meeting of December 4, 1980.
Seconded by Councilman Bastian. Ayes - all.
8. Rezoning: North of Roselawn, West of Sloan Place - McDonald's (continuation) 9:OOP.M.
a. Mayor Greavu moved to table this item to the meeting of November 20, 1980.
Seconded by Councilman Nelson. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Tax Exempt Mortgage Note: Carlton Racquet Club
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
80 - 11 - 225
BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows: s
ARTICLE ONE
DEFININTIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions
The terms used herein, unless the context hereof
shall require otherwise shall have the following meanings, and
any other terms defined in the Loan Agreement shall have the
same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intent.
Act: the Minnesota Municipal Industrial Development Act,
Minnesota Statutes, Chapter 474, as amended;
Assignment of the Loan Agreement the agreement to be
executed by the City and the Lender assigning the Loan
Agreement to the Lender;
Bond Counsel the firm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, and any
opinion of Bond Counsel shall be a written opinion signed by
such Counsel;
- 19 - 11/6
Borrower Carlton Racquet Club, Inc., a Minnesota
corporation, its successors, assigns, and any surviving,
resulting or transferee business entity which may assume its
obligations under the Loan Agreement;
City the City of Maplewood, Minnesota, its successors
and assigns;
i Construction Loan Agreement the agreement to be executed
by the City, the Borrower and the Lender, relating to the
disbursement and payment of Project Costs for the acquisition
of the Land and the construction and installation of the
,Improvements;
Guaranty the personal guaranty to be executed by Otto G.
Bonestroo, Leighton Natt, Wayne E. Brown, Lyle Eckberq, and
David Pohl, in favor of the Lender quarantying the payment, of
principal and interest on the Note and the performance of the
Borrower's obligations under the Loan Agreement'
Improvements the structures and other improvements,
-including any tangible personal property, to be constructed or
'installed by the Borrower on the Land in accordance with the
-Plans and Specifications;
i Land the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
'• Lender Liberty State Bank, in St. Paul, Minnesota, its
successors and assigns;
Loan Agreement the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions; _
Mortgage the Mortgage, Security Agreement and Fixture
Financing Statement to be executed by the Borrower as
mortgagor, in favor of the Lender, as mortgagee, securing
payment of the Note and interest thereon;
Note the $800,000 Commercial Development Revenue Note
(Carlton Racquet Club Project), to be issued by the City
pursuant to this Resolution and the Loan Agreement;
Note Register the records kept by the City Manager to
provide for the registration of transfer of ownership of the
Note;
Plans and Specifications the plans and specifications
for the construction and ni stallation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
- 20 - 11/6
Principal Balance so much of the principal sum on the
Note as from time to time may have been advanced to or for the
benefit of the City and remains unpaid at any time;
Project: the Land and improvements as they may at any
time exist;
Project Costs the total of all "Construction Costs" and
"Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution this Resolution of the City adopted November
6, 198U, together with any supplement or amendment thereto.
i
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The -words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1 -2. Leqal Authorization
The City is a political subdivision of.,the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1 -3. Findings
The City Council has heretofore determined, and does
hereby determine, as follows;
(1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
(2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the Assignment of Loan Agreement, the Note and
the Construction Loan Agreement, which documents specify the
terms and conditions of the acquisition and financing of the
Project;
(3) in authorizing the Project the City's purpose is, and
in its judqment the effect thereof will be, to promote the
public welfare by: the attraction, encouragement and -
development of economically sound industry and commerce so as
to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the develop -
ment of revenue - producing enterprises to use the available
- 21 - 11/6
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 aqes to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the increase in
. the amount and cost of governmental services, including
.educational services for the school district serving the
community in which the Project is situated;
(4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 of the Act, will require the
issuance of the Note in the principal amount of $800,000 as
hereinafter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of 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
(A) of Section 103(b)(6) of the Code with respect to an issue
of $1,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1 -4. Authorization and Ratification of Project
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act and subject to the terms and conditions
-set forth in the Construction Loan Agreement, to provide for
the acquisition, construction and installation of the
pursuant to the Plans and Specifications by such meani as shall
be available to the Borrower and in the manner determined by
Z the Borrower, and without advertisement for bids as may be
'required for the construction and acquisition of municipal
facilities; and the City hereby ratifies, affirms, and approves
all actions heretofore taken by the Borrower consistent with
and in anticipation of such authority and in compliance with
the Plans and Specifications.
- 22 - 11/6
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
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $800,000 unless a duplicate Note is issued
pursuant to Section 2 -7. The Note shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note
(Carlton Racquet Club Project)
t
$800,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, RAMSEY
County, Minnesota, (the "City ") hereby promises to pay Liberty
State Bank, St. Paul, Minnesota (the "Lender "), its successors
or registered assigns, from the source and in the manner
hereinafter provided, the principal sum of EIGHT HUNDRED
THOUSAND DOLLARS ($800,000), or so much thereof as may have
been advanced to or for the benefit of the City and remains
unpaid from time to time (the "Principal Balance "), with
interest thereon at the rate of eleven percent (118) per annum
or at such higher rate as hereinafter provided, in any coin or
currency which at the time or times of payment is legal tender
for the payment of public or private debts in the United States
of America, in accordance with the terms hereinafter set forth.
1. (a) From and after the date hereof and until the
"Amortization Date ", (the first day of the calendar quarter
next succeeding completion of the Project in accordance with
the Construction Loan Agreement hereinafter referred to, but in
any event no later than September 1, 1981 unless extended by
the Lender), interest only shall be paid at the rate of eleven
percent (11%) per annum. Interest shall accrue from and after
- 23 - 11/6
the date of each and every advance so made under this Note and
shall be payable on the first day of the calendar quarter next
succeeding the date upon which the first advance is made, and
on the first day of each and every calendar quarter thereafter.
(b) From and after the Amortization Date, the
Principal Balance shall be paid in 40 consecutive quarterly
installments of $25,000 or more, payable on the first day of
each calendar quarter commencing on the first day of the
.calendar quarter next succeeding the Amortization Date and
continuing until September 1, 1991 (the "Final Maturity.Date ")
at which time a final payment in the amount necessary to pay
the remaining Principal Balance and accrued interest thereon
shall be raid. Payments shall be applied first to interest due
-'on the Principal Balance and thereafter to reduction of the
' Principal Balance.
(c) If the interest on this Note should become
— subject to federal income taxation pursuant to a "Determination
:of Taxability" as that term is defined in Section 4.07 of the
iLoan Aqreement hereinafter referred to, and the Lender delivers
_to the Borrower a copy of the notice of the "Determination of
Taxability ", the interest rate shall be immediately increased
to sixteen percent (168) per annum and each quarterly
installment thereafter payable shall be accordingly adjusted
and shall be equal to the amount necessary to pay the remaining
Principal Balance by the Final Maturity Date with interest at
said increased rate, in equal quarterly installments except for
the installment due on the Final Maturity Date, based on an
amortization of the Principal Balance over the balance of the
amortization period; and in addition the Lender shall be
entitled to receive an amount equal to the aggregate difference
between (i) the quarterly payments theretofore made to the
Lender on this Note between the "Date of Taxability ", as that
term is defined in Section 4.07(f) the Loan Agreement, and the
date of receipt by the Borrower of notice of such
"Determination of Taxability ", and (ii) the quarterly payments
which would have been made during such period if the increased
rate had been in effect throughout such period; all as provided
in Section 4.07 of the Loan Agreement.
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
penalty, at maturity, upon redemption, or otherwise. Interest
shall be computed on the basis of a 360 day year, but charged
for the actual number of days principal is unpaid.
3. If the Lender should not receive on the first day
of any calendar quarter all of the principal and interest then
due on the Note, and if the City should continue to be in
arrears through the fifteenth day of such quarter, then, in
addition to all other sums due hereunder, the Lender shall be
entitled to receive on the sixteenth day of such quarter a
service charge equal to four percent (4.008) of the delinquent
principal and interest.
- 24 - 11/6
J
4. Principal and interest and premium due hereunder
shall be payable at the principal office of the Lender, or at
such other place as the Lender may designate in writipg.
5. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivision la,
Minnesota Statutes, consisting of the acquisition of real
estate, and the construction of a revenue - producing
recreational facility thereon, pursuant a Loan Agreement
(the "Loan Agreement "), of even date herewith between the City
and Carlton Racquet Club, Inc., a Minnesota corporation (the
"Borrower ") and this Note is further issued pursuant to and in
full compliance with the Constitution and laws of the State of
Minnesota, particularly Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on
November 6, 1980 (the "Resolution ").
6. This Note is secured by an assignment of the Loan
Agreement by the City to the Lender, a Mortgage, Security
Agreement and Fixture Financing Statement (the "Mortgage "), of
even date herewith between the Borrower, as mortgagor, and the
Lender as mortgagee, and by the personal guaranties (the
"Guaranty ") of the Borrower's shareholders. The disbursement
of the proceeds of this Note is subject to the terms and
conditions of a Construction Loan Agreement of even date
herewith between the Lender, the City and the Borrower (the
"Construction Agreement ").
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 date of the Final Maturity Date,
without notice to or consent of any party liable hereon and
without releasing any such party. However, in no event may the
Final Maturity Date be extended beyond 30 years from the date
hereof.
8. This Note may be prepaid at any time without
penalty or premium. The Lender shall apply any such prepayment
against the accrued interest on the Principal Balance and then
against the final principal amounts due under the Note. The
term "Loan Year" as used herein shall mean a 12 month period
commencing on the Amortization Date and on each anniversary
thereof.
9. This Note is further subject to prepayment by the
City, at any time, without a premium, in whole or in part, upon
the occurrence of certain events of damage, destruction or
condemnation of the property secured by the Mortgage, as
specified in Section 5.02 of the Loan Agreement and Section 3 -1
of the Resolution, or, at the option of the Lender, within 30
days after the Lender receives a notice of a "Determination of
Taxability" as that term is defined in Section 4.07 of the Loan
Agreement.
25 - 11/6
lU. The quarterly 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.
11. 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 Manager, by the Lender in person or by his agent duly
authorized in writing, at the Lender's expense, upon surrender
=hereof together with a written instrument of transfer
satisfactory to the City Manager, duly executed by the Lender
or his duly authorized agent. Upon such transfer the City
Manager will note the date of registration and the name and
address of the new registered Lender in the registration blank
appearing below. The City may deem and treat the person in
whose name the Note is last registered upon the books of the
City with such registration noted on the Note, as the absolute
owner hereof, whether or not overdue, for the purpose of
receiving payment of or on the account of the Principal Balance
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.
12. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mortgage, the Loan Agreement and the Construction Loan
Agreement are hereby made a part of this Note to the same
extent and with the same force and effect as if they were fully
set forth herein.
.13. This Note and interest thereon and any penalty
or premium due hereunder are payable solely from the revenues
and proceeds derived from the Loan Agreement, the Mortgage and
the Guaranty and do not constitute a debt of the City within
the meaning of any constitutional or statutory limitation, are
not payable from or a charge upon any funds other than the
revenues and proceeds pledged to the payment thereof, and do
not give rise to a pecuniary liability of the City or, to the
extent permitted by law, of any of its officers, agents or
employees, and no holder of this Note shall ever have the right
to compel any exercise of the taxing power of the City to pay
this Note or the interest thereon, or to enforce payment
thereof against any property of the City, and this Note does
not constitute a charge, lien or encumbrance, legal or
equitable,,upon any property of the City, and the agreement of
the City to perform or cause the performance of the covenants
and other provisions herein referred to shall be subject at all
times to the availability of revenues or other funds furnished
for such purpose in accordance with Loan Agreement, .
sufficient to pay all costs of such performance or the
enforcement thereof. -
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14. It is agreed that time is of the essence of this
Note. In the event of failure by the City to pay when due any
quarterly installment of principal or interest within ten days
after the due date, or any premium due hereunder, or if an
Event of Default shall occur, as set forth in the Mortgage, the
Construction Loan Agreement or the Loan Agreement, then the
Lender shall have the right and option to declare, upon ten
days written notice, the Principal Balance and accrued interest
thereon, immediately due and payable, but solely from sums made
available under the Loan Agreement, Mortgage and Guaranty.
Failure to exercise such option at any time shall not
constitute a waiver of the right to exercise the same at any
subsequent time.
15. The remedies of the Lender, as. provided herein
and in the Mortgage, the Loan Agreement, the Construction Loan
Agreement and the Guaranty, 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.
16. The Lender shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed
by the Lender and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waiver
of any right or remedy as to a subsequent event.
17. This Note has been issued without registration
under state or federal or other securities laws, pursuant to an
exemption for such issuance; and accordingly the Note may not
be assigned or transferred in whole or part, nor may a
participation interest in the Note be given pursuant to any
participation agreement, except in accordance with an
applicable exemption from such registration requirements.
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required to exist, happen and be
performed precedent to or in the issuance bf this Note do
exist, have happened and have been performed in regular and due
form as required by law. _
a IN WITNESS WHEREOF, the City has caused this Note to
lbe duly executed in its name by the manual signatures of the
Mayor and City Manager and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated ,
1480.
Seconded by Councilman Bastian. Lycs - all.
2. Code Amendment - Residential Estate District
a. Mayor Greavu moved to table this item to the meeting of November 20, 1980.
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Seconded by Councilman Bastian. Ayes - all.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Special Exception: Elm Street and Kohlman Avenue - Lehman
a. The notices sent to the area residences stated the hearing would be held
November 20, 1980.
b. No action at this time.
2. Date for Joing Meeting with Planning Commission.
a. Mayor Greavu moved to establish November 24 1980 at 7:00 P.M. as the date
for the joint meeting with Council and the Planning Commission.
b. Seconded by Councilman Bastian. Ayes - all.
3. Petition on McKnight Road
a. Discussed after Item E.
4. George Ostrand - Special Use Permit Discussion
a. Mr. George Ostrand, 1685 Ames Avenue, renewed his request that Council re-
consider the denial of his special use permit to construct a double dwelling in an
R -1 district.
b. No action taken.
5. Opticom Installations
a. Manager Evans presented a copy of a proposed contract with Ramsey County for
installation of embergency vehicle pre - emption systems at the following locations;
Larpenteur Avenue at VanDyke Street, at Jackson Street, at Edgerton Street and at
Parkway Drive. Installations at their locations have been requested by the City.
Under the County's current policy, it will pay the cost of installation of the
system. The City inturn agrees to pay for the maintenance of the opticom system
and pay the future electrical cost for entire signal system on which the opticom
is installed. This results in an approximate yearly cost of $1,000 per inster-
section. Current installation cost is approximately $15,000.
As these locations are on the St. Paul boundary, it should be noted that St. Paul
has a policy of not funding installations at the City limits. It is their feeling
that most emergency movement is into St. Paul and they already provide an extensive
system inside the City limits which is utilized by the suburban communities.
Approval of the contracts is recommended.
b. Mayor Greavu moved to approve the contract with Ramsey County for installation
of emergency vehicle pre- emption systems at tollowing oca
at VanDyke Street, at Jackson Street, at Edgerton Street and a
- 9R - 71 /F
Drive, as recommended.
Seconded by Councilman Nelson. Ayes - all.
K. COUNCIL PRESENTATIONS
1. City Policy
a. Councilman Bastian requested that all city policies be written.
b. Councilman Bastian withdrew his request.
2. Sherman Williams
a. Councilman Bastian commented on the construction of the Sherman Williams on
Beam Avenue.
3. Cope and Atlantic
a. Mayor Greavu commented on stop signs on Cope and Atlantic.
4. Revenue Bonds
a. Mayor Greavu requested that the newspaper print an article explaining Tax
Exempt Revenue Bonds.
L. ADMINISTRATIVE PRESENTATIONS
1. County Ditch 17
a. City Attorney Lais advised the Council to authorize staff to negotiate settle -
ment with Mottazs regarding cost of hauling dirt for County Ditch 17 and with
Mogren for seeding for County Ditch 17.
b. Mayor Greavu moved to authorize staff to reimburse Clifford Mottaz $4,400.00
for cost of hauling dirt to the rear of his property within County Ditch 17
subject to Mr, & Mrs. Mottaz release of all claims against the City for this
project and the signing of the easement agreements; pay Mogren Brothers the $800.00
for seeding; authorize a budget transfer from the contingency fund to cover these
costs.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilman Nelson.
Councilman Bastian abstained.
2. Gifford Vs City
a. City Attorney Lais updated the Council regarding the Gifford lawsuit.
b. Mayor Greavu moved to authori t he City Attorney to negotiate a settlement of
not more than $500.00.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilman Nelson.
Councilman Bastian abstained.
M. ADJOURNMENT
10:45 P.M.
City Clerk
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