Loading...
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 - 1 - 11/6 ,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. - 2 - 11/6 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. - 2a - 11 /6 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. - 3 - 11/6 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. - 4 - 11/6 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; - 5 - 11/6 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; - 6 - 11/6 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 - 7 - -11/6 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 - 9 - 11/6 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. - 10 - 11/6 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. - 11 - 11/6 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. - - 26 - 11/6 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. - 27 - 11/6 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 - 29 - 11/6