HomeMy WebLinkAbout05.06.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, May 6, 1982
Council Chambers, Municipal Building
Meeting No. 82 -11
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building and was called to order at 7:02 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Letters of Appreciation
2. Nuisance Ordinance
3. Sideyard Setback — RE District
4. Pleasantview Park
5. East Lakeshore Drive
6. Ramsey County League
7. Definition of Family
8. Rules of Procedures
9. Patrolpersons
10. 25th Anniversary
Seconded by Councilmember Anderson, Ayes — all.
E. CONSENT AGENDA
Council removed Consent Agenda Item E -1 to become Item J -10.
Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes — all, to approve_
the Consent Agenda Items —2 through —9 as recommended.
1. Accounts Payable _
See Item J -10.
2. No Parking: East Shore Drive
Resolution No. 82 -5 -50
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WHEREAS, the imposition of parking restrictions on East Shore Drive west
of Frost Avenue connection is in the best interest of the health, welfare and
safety of the citizens of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD, MINNESOTA,
as follows: that this .Council request that Ramsey County designate East Shore
Drive west of Frost Avenue connection a "No Parking" zone.
3. Manuel of Engineering Guidelines
Adopted the "Manuel of Engineering Guidelines.
4. Final Plat: Linwood Avenue
Approved the final plat for Linwood Heights Addition for 74 unit townhouse development,
(21 buildings) subject to the condition that the applicant shall provide an easement
for public purposes for the Hillwood Drive cul —de —sac.
5. Final Plat: Bollman's Addition
Approved the final plat for Arthur Bollman's Addition subject to the payment of sewer
cash connection charges for lots 1 and 2 before the plat is signed.
6. Final Plat: Maple Ridge Mall
Approved the final plat for Maple Ridge Mall subject to the submission of a deed for
the dedication of OutlotA to Ramsey County prior to signing the plat.
7. Contribution: Moose Lodge
Accepted a contribution of $250.00 from the St. Paul Lodge No. 963, Loyal Order of
Moose to be used for planting flowers in the parks and that a letter of thanks be for-
warded.
8. Commercial Development Revenue Note: Maplewood Dental Specialists Building
Resolution No. 82 -5 -51
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions:
The terms used herein, unless the context hereof shall require otherwise shall
have the following meanings, and any other terms defined in the Loan Agreement shall
have the same meanings when used herein as assigned to them in the Loan Agreement un-
less 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;.
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;
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Borrower: Maplewood Dental Specialties, a Minnesota
general partnership, 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;
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;
Equipment: any and all machinery, equipment, furniture
and other tangible personal property purchased or to be
purchaed by the Borrower with the proceeds of the Note,
including, without limitation, those items of machinery, equip-
ment, furniture and other personal property more particularly
listed and described on Exhibit B to this Agreement;
Guarantors: collectively, Dr. Dennis McMahon, Dr. Walter
B. Parsons, Dr. Robert L. Jensen and Dr. Jane H. Jensen;
Guaranty: the Guaranty of Specific Indebtedness to be
executed by or on behalf of the Guarantors as of the date of
this Agreement;
Improvements: the structures and other improvements,
including any Equipment, to be constructed or installed by the
Borrower on the Land in accordance with the Plans and
Specifications;
Land: the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Leases: all leases now or hereafter affecting the Land;
Lender: First State Bank of Saint Paul, 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 Statutory Mortgage, Assignment of Leases
and Rents, Security Agreement and Fixture Financing Statement
to be executed by the Borrower, as mortgagor, to the Lender, as
mortgagee, securing payment of the Note and interest thereon;
Note: the $800,000 Commercial Development Revenue Note of
1982 THaplewood Dental Specialties Project), to be issued by
the City pursuant to this Resolution and the Loan Agreement;
Note Register: the records kept by the City Clerk to
provide for the registration of transfer of ownership of the
Note,
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Plans and Svecifications: the plans and specifications
for the construction and installation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
Pledge Agreement: the agreement to be executed by the
City and the Lender pledging and assigning the Loan Agreement
to the Lender,
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
1982, together with any supplement or amendment
thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1 -2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
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
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accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the Pledge Agreement, the Note and the
Construction Loan Agreement, which documents specify the tens
and conditions of the acquisition and financing of the Project;
(3) in authorizing the Project the City's purpose is, and
in its judgment 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
resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the halting of the movement of talented,
educated personnel of all ages to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the cost of
governmental services, including educational services for the
school district serving the community in which the Project is
situated,
(4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 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
prevent the City from hereafter
different exemption if, and to
permitted by law and consistent
of the Project.
that nothing herein shall
qualifying the Note under a
the extent, such exemption is
with the objects and purposes
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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 construction and installation of the Project pursuant to
the Plans and Specifications by such means as shall be
available to the Borrower and in the manner determined by the
Borrower, and without advertisement for bids as may be required
for the construction and acquisition of municipal facilities;
and the City hereby ratifies, affirms, and approves all actions
heretofore taken by the Borrower consistent with and in
anticipation of such authority and in compliance with the Plans
and Specifications.
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $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 of 1982
(Maplewood Dental Specialties Project)
$800,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the "City ") hereby promises to pay to the
order of First State Bank of Saint Paul, in 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 AND 00 /100 DOLLARS
(8,000,000.00), or so much thereof as may have been advanced to
or for the benefit of the City and remains unpaid from time'to
time (the "Principal Balance "), with interest thereon at the
rate of thirteen and twenty -five hundredths percent (13.258)
per annum or at such other rate as hereinafter provided in
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paragraphs 1(c) and 1(d) hereof, in any coin or currency which
at the time or times of payment is legal tender for the payment
of public or private debts in the United States of America, in
accordance with the terms hereinafter set forth.
1. (a) From and after the date hreof and until the
"Amortization Date" (the first day of the calendar month next
succeding completion of the Project in accordance with the
Construction Loan Agreement hereinafter referred to, but in any
event no later than unless extended by the
Lender), interest only snail 5e pala. Interest shall accrue
from and after the date of each and every advance so made under
this Note and shall be payable on the first day of the calendar
month next succeeding the date upon which the first advance is
made, and on the first day of each and every month thereafter.
(b) From and after the Amortization Date, the
Principal Balance shall be paid in 240 equal consecutive
monthly installments payable on the first day of each month
commencing on the first day of the calendar month next
succeeding the Amortization Date and continuing until the
Principal Balance shall have been paid (the "Final Maturity
Date ").
(c) From and after the Amortization Date,
interest accruing on the Principal Balance for any calendar
month shall be payable on the first day of each month
commencing on the first day of the calendar month next succeed-
ing the Amortization Date and continuing until the accrued
interest on the Principal Balance shall have been paid. Unless
a "Determination of Taxability" shall occur, in which event the
interest rate shall be governed by paragraph 1(d) hereof, the
rate of interest shall be adjusted every three years on January
10 until the Final Maturity Date, beginning January 10, 1986.
On each such January 10, the rate of interest shall be adjusted
to a rate equal to seventy -five hundredths percent (.75 %) in
excess of the average of the rates published for the preceding
four weeks as the 182 day United States Treasury Bill yield as
such rate is published each Tuesday in the Wall Street Journal
(or in the event such rates are not published or are otherwise
not available, a similiar successor rate chosen by the Borrower
and approved in writing by the Lender, provided that if no such
successor rate can be agreed upon, Lender shall have the option
of calling this Note).
(d) 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
Loan Agreement of even date herewith between the City and
Maplewood Dental Specialties (the "Borrower ") (the "Loan
Agreement "), and the Lender delivers to the Borrower a copy of
the notice of the "Determination of Taxability ", the interest
rate shall be.immediately adjusted to six percent (6 %) per
annum in excess of the average of the rates published for the
preceding four weeks as the 182 day United States Treasury Bill
yield as such rate is published each Tuesday in the Wall Street
Journal (or in the event such rates are not published or are
otherwise not available, a similiar successor rate chosen by
the Borrower and approved in writing by the Lender, provided
that if no such successor rate can be agreed upon, Lender shall
have the option of calling this Note) which rate shall be
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adjusted on each succeeding January 10 and each monthly
installment thereafter payable shall be adjusted accordingly.
In addition the Lender shall be entitled to receive upon demand
an amount equal to the aggregate difference between (i) the
monthly payments theretofor made to the Lender on this Note
between the "Date of Taxability ", as that term is defined in
the Loan Agreement, and the date of receipt by the Borrower of
notice of such "Determination of Taxability ", and (ii) the
monthly payments which would have been made during such period
if the adjusted rate had been in effect throughout such period.
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
service charge, at maturity, upon redemption, or otherwise.
Interest shall be computed on the basis of a 360 day year, but
charged for the actual number of days elapsed in a 365 day
year.
3. If the Lender should not receive on the first day
of any month 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 month, then, in addition to all other
sums due hereunder, the Lender shall be entitled to receive on
the sixteenth day of such month a service charge equal to four
percent (4.008) of the delinquent principal and interest.
4. Principal and interest and premium or service
charge due hereunder shall be payable at the principal office
of the Lender, or at such other place as the Lender may
designate in writing.
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 12,000 square foot
office /dental facility thereon, pursuant to a Loan Agreement of
even date herewith between the City and Maplewood Dental
Specialties (the "Borrower ") (the "Loan Agreement "), 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
(the "Resolution ").
6. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender (the "Pledge
Agreement "), a Statutory Mortgage, Assignment of Leases and
Rents, Security Agreement and Fixture Financing Statement, of
even date herewith between the Borrower, as mortgagor, and the
Lender as mortgagee (the "Mortgage ") Assignments of Life
Insurance Policies issuing the lives of Dr. Dennis McMahon, Dr.
Walter B. Parsons, Jr. and Dr. Robert L. Jensen. Payment of
this Note is unconditionally and jointly and severally
quaranteed by Dr. Dennis McMahon, Dr. Walter B. Parsons, Dr.
Jane H. Jensen, and Dr. Robert L. Jensen pursuant to the terms
of a certain Guaranty of Specific Indebtedness in favor of the
Lender (the Guaranty) and the disbursement of the proceeds of
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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 Loan
Agreement ").
7. The Lender may extend the times of payments of
interest and /or principal of or any service charge or premium
due on this Note, including the Final Maturity Date, without
notice to or consent of any party liable hereon and without
releasing any such party. However, in no event may the Final
Maturity Date be extended beyond thirty (30) years from the
date hereof.
S. This Note may be prepaid in whole or in part at
any time without premium.
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 2 of the Mortgage. In addition, the
Lender shall have the option to declare the Principal Balance
and accrued interest due and payable on the first day of the
tenth (10th) Loan Year and the first day of the fifteenth
(15th) Loan Year upon ( ) days prior written
notice to the City and the Borrower. The term "Loan Year" as
used herein shall mean a twelve (12) month period commencing on
the Amortization Date and on each anniversary thereof.
10. In the event of prepayment of this Note, 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 monthly 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 Clerk, by the Lender in person or by his agent duly
authorized in writing, at the Lender's expense, upon surrender
hereof together with a written instrument of transfer
satisfactory to the City Clerk, duly executed by the Lender or
his duly authorized agent.
Upon such transfer the City Clerk will note the date of
registration and the name and address of the new registered
Lender in the registration blank appearing below. The City may
deem and treat the person in whose name the Note is last
registered upon the books of the City with such registration
noted on the Note, as the absolute owner hereof, whether or not
overdue, for the purpose of receiving payment of or on the
account, of the Principal Balance, redemption price or interest
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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, the Pledge Agreement, the
Guaranty 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 service
charge or premium due hereunder are payable solely from the
revenues and proceeds derived from the Loan Agreement, the
Mortgage, the Assignments of Life Insurance Policies, the
Construction Loan Agreement, 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 the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
14. It is agreed that time is of the essence of this
Note. If an Event of Default (as that term is defined in the
Mortgage, the Construction Loan Agreement or the Loan
Agreement) shall occur, then the Lender shall have the right
and option to declare, the Principal Balance and accrued
interest thereon, immediately due and payable, whereupon the
same, plus any premiums or service charges, shall be due and
payable, but solely from sums made available under the Loan
Agreement, the Guaranty, the Construction Loan Agreement, the
Assignments of Life Insurance Policies, and the Mortgage.
Failure to exercise such option at any time shall not
constitute a waiver of the right to exercise the same at any
subsequent time.
15. The remedies of the Lender, as provided herein
and in the Mortgage, the Guaranty, the Loan Agreement, the
Assignments of Life Insurance Policies, the Pledge Agreement
and the Construction Loan Agreement, are not exclusive and
shall be cumulative and concurrent and may be pursued singly,
successively or together, at the sole discretion of the Lender,
and may be exercised as often as occasion therefor shall occur;
and the failure to exercise any such right or remedy shall in
no event be construed as a waiver or release thereof.
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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 of this Note do
exist, have happened and have been performed in regular and due
form as required by law.
IN WITNESS WHEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures of the
Mayor and City Clerk and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated
1982.
Attest:
(SEAL)
Th,
Note and the
books of the
noted below.
Date of
Registration
CITY OF MAPLEWOOD, MINNESOTA
Mayor
City Clerk
PROVISIONS AS TO REGISTRATION
ownership of the unpaid
interest accruing therec
City of Maplewood in the
Name and address
Registered Owner
Principal Balance of this
a is registered on the
name of the holder last
Signature of
City Clerk
First State Bank
of Saint Paul
1000 Payne Avenue
St. Paul, Mn. 55101
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2 -2. The Initial Note.
The Note shall be dated as of the date of delivery,
shall be payable at the times and in the manner, shall bear
interest at the rate, and shall be subject to such other terms
and conditions as are set forth therein.
2 -3. Execution.
The Note shall be executed on behalf of the City by
the signatures of its Mayor and City Clerk and shall be sealed
with the seal of the City. In case any officer whose signature
shall appear on the Note shall cease to be such officer before
the delivery of the Note, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if had
remained in office until delivery. In the event of the absence
or disability of the Mayor or the City Clerk such officers of
the City as, in the opinion of the City Attorney, may act in
their behalf, shall without further act or authorization of the
City Council execute and deliver the Note.
2 -4. Delivery of Initial Note.
Before delivery of the Note there shall be filed with
the Lender (except to the extent waived by the Lender) the
following items:
(1) an executed copy of each of the following documents:
(A) the Loan Agreement;
(B) the Pledge Agreement;
(C) the Mortgage;
(D) the Construction Loan Agreement,
(E) the Guaranty;
(F) the Assignments of Life Insurance Policies;
(G) a Cost Certificate signed by the Borrower
certifying the use of the proceeds of the Note;
(H) Leases now existing.
(2) an opinion of Counsel for the Borrower as prescribed
by Bond Counsel;
(3) the opinion of Bond Counsel as to the validity and
tax exempt status of the Note;
(4) a title commitment in form and substance satisfactory
to the Lender;
(5) such other documents and opinions as Bond Counsel may
reasonably require for purposes of rendering its opinion
required in subsection (3) above or that the Lender may
reasonably require for the closing.
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2 -5. Disposition of Note Proceeds.
There is hereby established with the Lender a
Construction Fund to be held by the Lender as a separate
account of the City as provided in the Construction Loan
Agreement. Upon delivery of the Note to Lender, the proceeds
Of such Note shall be credited to the Construction Fund held by
the Lender on behalf of the City, at which time the entire
principal amount of the Note shall be deemed advanced, and the
Lender shall, on behalf of the City, disburse funds from the
Construction Fund for payment of Project Costs upon receipt of
such supporting documentation as the Lender may deem reasonably
necessary, including compliance with the provisions of the
Construction Loan Agreement. The Borrower shall provide the
City with a full accounting of all funds disbursed for Project
Costs.
2 -6. Registration of Transfer.
The City will cause to be kept at the office of the
City Clerk a Note Register in which, subject to such reasonable
regulations as it may prescribe, the City shall provide for the
registration of transfers of ownership of the Note. The Note
shall be transferable upon the Note Register by the Lender in
person or by its agent duly authorized in writing, upon
surrender of the Note together with a written instrument of
transfer satisfactory to the City Clerk, duly executed by the
Lender or its duly authorized agent. Upon such transfer the
City Clerk shall note the date of registration and the name and
address of the new Lender in the Note Register and in the
registration blank appearing on the Note.
2 -7. Mutilated, Lost or Destroyed Note.
In case any Note issued hereunder shall become
mutilated or be destroyed or lost, the City shall, if not then
prohibited by law, cause to be executed and delivered, a new
Note of like outstanding principal amount, number and tenor in
exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note
destroyed or lost, upon the Lender's paying the reasonable
expenses and charges of the City in connection therewith, and
in the case of a Note destroyed or lost, the filing with the
City of evidence satisfactory to the City that such Note was
destroyed or lost, and furnishing the City with indemnity
satisfactory to it. If the mutilated, destroyed or lost Note
has already matured or been called for redemption in accordance
With its terms it shall not be necessary to issue a new Note
prior to payment.
2 -8. Ownership of Note.
The City may deem and treat the person in whose name
the Note is last registered in the Note Register and by
notation on the Note whether or not such Note shall be overdue,
as the absolute owner of such Note for the purpose of receiving
payment of or on account of the Principal Balance, redemption
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price or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the contrary.
2 -9. Limitation on Note Transfers.
The Note has been issued without registration under
state or other securities laws, pursuant to an exemption for
such issuance; and accordingly the Note may not be assigned or
transferred in whole or part, nor may a participation interest
in the Note be given pursuant to any participation agreement,
except in accordance with an applicable exemption from such
registration requirements.
2 -10. Issuance of New Notes.
Subject to the provisions of Section 2 -9, the City
shall, at the request and expense of the Lender issue new
notes, in aggregate outstanding principal amount equal to that
of the Note surrendered, and of like tenor except as to number,
principal amount, and the amount of the monthly installments
payable thereunder, and registered in the name of the Lender or
such transferee as may be designated by the Lender.
ARTICLE THREE
GENERAL COVENANTS
3 -1. Payment of Principal and Interest.
The City covenants that it will promptly pay or cause
to be paid the principal of and interest on the Note at the
place, on the dates, solely from the source and in the manner
provided herein and in the Note. The principal and interest
are payable solely from and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement, the
Mortgage, the Construction Loan Agreement and the Guaranty,
which revenues and proceeds are hereby specifically pledged to
the payment thereof in the manner and to the extent specified
in the Note, the Loan Agreement, the Pledge Agreement, the
Mortgage, the Construction Loan Agreement and the Guaranty; and
nothing in the Note or in this Resolution shall be considered
as assigning, pledging or otherwise encumbering any other funds
or assets of the City.
3 -2. Performance of and Authority for Covenants.
The City covenants that it will faithfully perform at
all times any and all covenants, undertakings, stipulations and
provisions contained in this Resolution, in the Note executed,
authenticated and delivered hereunder and in all proceedings of
the City Council pertaining thereto; that it is duly authorized
under the Constitution and laws of the State of Minnesota
including particularly and without limitation the Act, to issue
the Note authorized hereby, pledge the revenues and assign the
Loan Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and the Pledge
- 14 - 5/6
Agreement; that all action on its part for the issuance of the
Note and for the execution and delivery thereof has been duly
and effectively taken; and that the Note in the hands of the
Lender is and will be a valid and enforceable special limited
obligation of the City according to the terms thereof.
3 -3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants and
obligations of the Borrower under the Loan Agreement and
Construction Loan Agreement, and to perform all covenants and
other provisions pertaining to the City contained in the Note,
the Loan Agreement and the Construction Loan Agreement and
subject to Section 3 -4.
3 -4. Nature of Security.
Notwithstanding anything contained in the Note, the
Mortgage, the Loan Agreement, the Pledge Agreement or any other
document referred to in Section 2 -4 to the contrary, under the
provisions of the Act the Note may not be payable from or be a
charge upon any funds of the City other than the revenues and
proceeds pledged to the payment thereof, nor shall the City be
subject to any liability thereon, nor shall the Note otherwise
contribute or give rise to a pecuniary liability of the City
or, to the extent permitted by law, any of the City's officers,
employees and agents. No holder of the Note shall ever have
the right to compel any exercise of the taxing power of the
City to pay the Note or the interest thereon, or to enforce
payment thereof against any property of the City other than the
revenues pledged under the Pledge Agreement; and the Note shall
not constitute a charge, lien or encumbrance, legal or
equitable, upon any property of the City; and the Note shall
not constitute a debt of the City within the meaning of any
constitutional or statutory limitation; but nothing in the Act
impairs the rights of the Lender to enforce the covenants made
for the security thereof as provided in this Resolution, the
Loan Agreement, the Pledge Agreement, the Mortgage, the
Assignments of Life Insurance Policies, the Construction Loan
Agreement, the Guaranty and in the Act, and by authority of the
Act the City has made the covenants and agreements herein for
the benefit of the Lender; provided that in any event, the
agreement of the City to perform or enforce the covenants and
other provisions contained in the Note, the Loan Agreement, the
Pledge Agreement, the Assignments of Life Insurance Policies,
and the Construction Loan Agreement shall be subject at all
times to the availability of revenues under the Loan Agreement,
the Mortgage, the Construction Loan Agreement, the Guaranty,
and the Assignments of Life Insurance Policies sufficient to
pay all costs of such performance or the enforcement thereof,
and the City shall not be subject to any personal or pecuniary
liability thereon.
- 15 - 5/6
ARTICLE FOUR
MISCELLANEOUS
4 -1. Severability.
If any provision of this Resolution shall be held or
deemed to be or shall, in fact, be inoperative or unenforceable
as applied in any particular case in any jurisdiction or
Jurisdictions or in all jurisdictions or in all cases because
it conflicts with any provisions of any constitution or statute
or rule or public policy, or for any other reason, such
circumstances shall not have the effect of rendering the
provision in question inoperative or unenforceable in any other
case or circumstance, or of rendering any other provision or
provisions herein contained invalid, inoperative, or
unenforceable to any extent whatever. The invalidity of any
one or more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining portions of
this Resolution or any part thereof.
4 -2. Authentication of Transcript.
The officers of the City are directed to furnish to
Bond Counsel certified copies of this Resolution and all
documents referred to herein, and affidavits or certificates as
to all other matters which are reasonably necessary to evidence
the validity of the Note. All such certified copies,
certificates and affidavits, including any heretofore
furnished, shall constitute recitals of the City as to the
correctness of all statements contained therein.
4 -3. Registration of Resolution.
The City Clerk is authorized and directed to cause a
COPY of this Resolution to be filed with the Count Auditor of
Ramsey County, and to obtain from said County Auditor a
certificate that the Note as a bond of the City has been duly
entered upon his bond register.
4 -4. Authorization to Execute Agreements.
The forms of the proposed Loan Agreement, the Pledge
Agreement, the Construction Loan Agreement, the Guaranty and
the Mortgage are hereby approved in substantially the form
heretofore presented to the City Council together with such
additional details therein as may be necessary and appropriate
and such modifications thereof, deletions therefrom and
additions thereto as may be necessary and appropriate and
approved by Bond Counsel prior to the execution of the
documents, and the Mayor and City Clerk of the City are
authorized to execute the Loan Agreement, the Pledge Agreement
and the Construction Loan Agreement in the name of and on
behalf of the City and such other documents as Bond Counsel
consider appropriate in connection with the issuance of the
Note. In the event of the absence or disability of the Mayor
or the City Clerk such officers of the City as, in the opinion
of the City Attorney, may act in their behalf, shall without
16 - 5/6
further act or authorization of the City Council do all things and execute all instru-
ments and documents required to be done or executed by such absent or disabled officers.
The execution of any instrument by the appropriate officer or officers of the City
herein authorized shall be conclusive evidence of the approval of such documents in
accordance with the terms hereof.
Adopted: May 6, 1982.
/s/ John C. Greavu —
Mayor of City of Maplewood
Attest:
s/ Lucille E. Aurelius
City Clerk
9. Traffic Signals and Opticoms: Funding
Authorized a budget transfer of up to $57,000 from the State Aid Street Fund to install
signal and opticom- systems at the following locations:
TH 94 South Ramp, Burns Avenue at McKnight Road
TH94 North Ramp at McKnight Road
TH 61 at Beam Avenue
TH 36 at English
Signal "Opticom"
$12,000
$12,000
$4,500 $12,000
$4,500 $12,000
$9,000 $48,000
TOTAL $57,000
Mayor Greavu recessed the meeting at 7:10 P.M. to convene as the Board of Adjustments
and Appeals.
Mayor Greavu reconvened the meeting at 7:31 P.M.
F. PUBLIC HEARINGS
3. Highway 61 Frontage Road 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
improvement of Highway 61 Frontage Road by construction of street, storm sewer,
sanitary sewer, watermains and appurtenances. The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Assistant City Engineer Pillatzke presented the specifics of the proposal.
C. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission make the following findings:
1. That the construction of the proposed frontage road, east of Highway 61, from
Gervais Avenue to County Road C, is consistent with the Land Use Plan.
2. At such time that this project is awarded, Council should initiate the vacation
— 17 — 5/6
4
of Connor Avenue and Duluth Street, lying north of the proposed frontage road.
Commissioner Whitcomb seconded. Ayes — Commissioners Barrett, Fischer, Howard,
Pellish, Prew; Sletten, Whitcomb."
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following persons expressed their views.
Mr. James Fenlon, 1216 E. County Road C
A representative of Lakeview Lutheran Church
Mr. John Mattson, 1230 E. County Road C
e. Mayor Greavu closed the public hearing.
f. Mayor Greavu introduced the following resolution and moved its adoption:
82 — 5 — 52
WHEREAS, after due notice of public hearing on the construction of street,
storm sewer, sanitary sewer, watermain and appurtenances on T.H. 61 Frontage Road
(Maplewood Drive) from Gervais Avenue- to County Road "C ", a hearing on said im-
provement in accordance with the notice duly given was held on May 6, 1982, and
the Council has heard all persons desiring to be heard on the matter and has fully
considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. That it is advisable, expedient, and necessary that the City of Maplewood
construct street, storm sewer, sanitary sewer, watermain and appurtenances
on T.H. 61 Frontage Road (Maplewood Drive) from Gervais Avenue to County Road
"C" as described in the notice of hearing thereon, and orders the same to
be made.
2. The City Engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the,making of said
improvement.
Seconded by Councilmember Anderson. Ayes — all.
Plan Amendment and Special Use Permit: Larpenteur Avenue and Jackson Street (REM
Development, Inc.) 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of REM Development, Inc. for a special use permit to construct a 36 bed housing
complex for mentally disabled persons at the northwest corner of Larpenteur Avenue
and Jackson Street. 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 Whitcomb moved the Planning Commission recommend approval of aPlan
amendment from RL, Low Density Residential to Rh, High Density Residential, on
the basis that:
— 18 — 5/6
1. The density in the neighborhood would not exceed the maximum density for the
neighborhood at the RL designation.
2. Amending the plan for the proposed . use would meet the goal of the Land Use
Plan by providing increased types of health care for the .community. -
3. The zoning classification of the site is appropriate for the Rh land use de-
signation.
Commissioner Sletten seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb.
Commissioner Whitcomb moved the Planning Commission recommend to the City Council
approval of the special use permit for the Greenwood North residence for handicapped
adults, on the basis that:
1. The zoning of.the site is appropriate.
2. The proposed complex would meet with the goals of the Land Use Plan Update
by providing a health care facility not presently available in Maplewood.
Approval is subject to:
1. Approval of -a Plan change for the site from RL to Rh.
2. After the first year of operation, the Council may renew or revise the special
use permit.
3. Beaumont Street shall be vacated prior to the issuance of a building permit.
4. The applicant shall provide substantial screening of the property along the
northerly and westerly lot lines as a buffer. This will be subject to the
approval of the Community Design Review Board.
Commissioner Fischer seconded. -
Chairman Axdahl moved an amendment to include a condition #5, Staff's confirmation
that a three acre /foot pond is adequate at reasonable depth.
Commissioner Pellish seconded. Ayes — Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb.
Voting on the motion as amended: Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb.
d. Mr. Tom Miller, representing REM Development, spoke on behalf of the proposal.
Mr. Bob Rusub, Ackerman Architecture, presented the plans for the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
Mr. Joseph Morris, 1716 Beaumont, presented a petition signed by the area
residents opposing the proposal.
Mr. John Hines, 33 Larpenteur Avenue
Mr. Willard Wills, 66 E. Larpenteur Avenue
Mr. Donald.Rongetsch, 1709 Jackson
— 19 — 5/6
Mr.. Larry O'Flanagan, , 1719 Beaumont
Mrs. Marty Showers, 1719 Abel
Mr. George Harwell, 1726 Abel
Mr. Rocky Olson, 1695 Abel
Mr. Michael Shannon, 1714 Jackson
Mr. John Slama, 77 E. Kingston
Mr. John Steiner, 1730 Jackson..
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its adoption:
82 -5 -53
WHEREAS, the Maplewood City Council and the Maplewood Planning Commission
have prepared and adopted a Comprehensive Community Plan in compliance with the
requirements of Section 462.355 of the State Planning Enabling Legislation; and
WHEREAS, said Section 462.355 provides for subsequent amendment of said Com-
prehensive Plan which reflect changed conditions; and
WHEREAS, the Maplewood Planning Commission has conducted the required public
hearing and has given consideration to all evidence and testimony submitted at
such hearing held on May 3, 1982 and has adopted said amendment and forwarded
said amendment to the City Council for certification; and
WHEREAS, the Maplewood City Council has reviewed said amendment;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby adopts
and amends the Comprehensive Plan for Maplewood.
Seconded by Councilmember Maida.
Ayes - Mayor Greavu,Councilmembers
Anderson and Maida.
Nays - Councilmembers Bastian and
Joker.
i. Councilmember Anderson moved to approve the Special Use Permit as requested
by REM Development. Inc. to construct a 36 bed housine complex for mentallv disabled
to the tollowing conditions:
1. Approval of a Plan change for the site from RL to Rh.
2. After the first year of operation, the Council may renew or revise the special
use permit.
3. Beaumont Street shall be vacated prior to the issuance of a building permit.
4. The applicant shall provide substantial screening of the property along the
northerly and westerly lot lines as a buffer. This will be subject to the
approval of the Community Design Review Board.
Seconded by Councilmember Maida.
Councilmember Bastian moved to amend the motion and include the following condit-
ions to the Special Use Permit.
- 20 - 5/6
5. Approval of Fire Marshal for life safety access
6. Buffer to be placed on Larpenteur Avenue side to prevent headlong traffic
onto subject property.
7. Fencing be provided on the North and West areas of property to prevent access
to pond.
Seconded by Councilmember Maids. Ayes -Mayor Greavu, Councilmembers
Anderson, Bastian and Maida.
Nays - Councilmember Juker..
Voting on original motion. Ayes - Mayor Greavu, Councilmember
Anderson and Maida.
Nays - Councilmembers Bastian and
Juker.
Mayor Greavu recessed the meeting at 9:49 P.M. to reconvene as the Board of Adjustments
and Appeals.
Mayor Greavu reconvened the meeting at 10:11 P.M.
G. AWARD OF BIDS
1. Towing Contract
a. Manager Evans presented the staff report.
b. Mr. Don Regan, representing Art's Towing, stated there was descrepancies in
the bids.
C. Following further discussion, Councilmember Anderson moved, due to questions
that arose, to reject all bids and refer the proposed towing contract to staff.
Seconded by Councilmember Maida. Ayes - all.
H. UNFINISHED BUSINESS
None.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Special Exception: 931 County Road C - Howard
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Whitcomb moved the Planning Commission recommend to the City Council
approval of a special exception for a home occupation permit to operate an insurance
office, subject to the following conditions:
1. Compliance with all of the criteria as outlined in the Planning Commission
subcommittee report.
- 21 - 5/6
2. The special exception may be renewed after three years if Council is satisfied
that there has not been any nuisances created by the business.
3. The applicant shall install one five — pound fire extinguisher and smoke detectors
within the dwelling. The placement of these shall be determined by the Fire
Marshal.
Commissioner Sletten seconded.
Ayes — Commissioners Barrett, Fischer,
Pellish, Prew, Sletten, Whitcomb."
C. Mr. Bill Howard, the applicant, spoke on behalf of the proposal.
d. Councilmember Anderson moved to
E. County Road C, for a special use
his home subiect to the following c
)rove the request of Mr. Bill Howard, 931
rmit to
itions:
1. Compliance with all of the criteria as outlined in the Planning Commission
subcommittee report.
2. The special exception may be renewed after three years if Council issatis-
fied that there has not been any nuisances created by the business.
3. The applicant shall install one five —pound fire extinguisher and smoke detectors
within the dwelling. The placement of these shall be determined by the Fire
Marshal.
Seconded by Councilmember Bastian. Ayes — all.
2. Special Exception: Game Room (Maplewood Square)
Applicant withdrew the request.
3. English Street: D. Tucci
a. Mr. David Tucci, representing his mother Mrs. Minnie Tucci, requested that
the proposed construction of English Street north of Kohlman, which is considered
a developer's financial responsibility to build, be treated as a City project
and be assessed. -
b. No action taken.
4. Maplewood Bowl: G. Anderson
a. Mr. Gary Anderson stated he wished to discuss the questions he has read that
the Council has regarding the Maplewood Bowl.
b. Council discussed their concerns with Mr. Anderson.
C. No action taken at this time.
5. Sewer Contracting: DeLory Company
a. Mr. Bob Aberbach, representing DeLory Company, requested Council revise their
ordinance and allow persons other than a master plumber to obtain a sewer permit.
b. Councilmember Anderson moved to refer this matter to staff.
— 22 — 5/6
Seconded by Councilmember Maida. Ayes all -.
6. Brookview Drive Assessment Method
a. Manager Evans presented the staff report.
b. Director of Public Works Haider presented the several alternatives for assessing
the Brookview Drive Project No. 78 -20.
C. Councilmember Anderson moved to authorize alternative No. Cl as an assessment
method for Brookview Drive Project No. 78 -20.
Seconded by Mayor Greavu.
7. Tree Removal Program
Ayes — Mayor Greavu; Councilmembers
Anderson, Bastian and Juker..
Councilmember Maida abstained.
a. Councilmember Bastian moved to table this item until the first meeting in
June.
Seconded by Councilmember Maida. Ayes — all.
8. R.E. Rezoning — South of Lower Afton Road
a. Councilmember Bastian moved to table this item to the 1st meeting in June.
Seconded by Councilmember Maids. Ayes — all.
9. Plan Update
a. Councilmember Bastian moved to approve the Maplewood Comprehensive Plan Update
as presented.
Seconded by Councilmember Maida. Ayes — all.
10. Accounts Payable
a. Councilmember Maida moved to approve the accounts (Part I — Fees, Services,
Expenses — Check No. 000327 through Check No. 000419 — $195,215.69; Check No.
013019 through Check No. 013144 — $140,340.49; Part II — Payroll Check No. 03610
through Check No. 03733 — $55,606.19) in the amount of $391,162.37.
Seconded by Councilmember Bastian. Ayes — all.
K. COUNCIL PRESENTATIONS
1. Letter of Appreciation
a. Councilmember Juker requested letters of appreciation be forwarded to all
the Police and Fire Departments that took part in Director of Public Safety Richard
W. Schaller's funeral
b. Council was informed this has been done.
2. Nuisance Ordinance
— 23 — 5/6
a. Councilmember Juker stated trucks are cleaning
the Gladstone Community Education
parking lot at all hours. Does the City have an ordinance
to control this nuisance.
b. Staff to investigate.
3. Sideyard Setback — RE District
- a. Councilmember Maida moved to reconsider the Sideyard
Setback: RE District
Ordinance at the meeting of May 20, 1982.
- Seconded by Councilmember Juker. Ayes —
all.
4. Pleasantview Park
a. Councilmember Maida questioned if dirt is being
hauled onto the Pleasantview
Park site.
b. Staff stated as soon as easements are obtained
the hauling will .begin.
10. 25th Anniversary
a. Councilmember Juker moved to approve the following
list of events for Maplewood's
25th Anniversary Celebration and that a budget transfer of $3,000.00 plus cost
of postage from the contingency fund be approved:
.DATE EVENT
RESPONSIBLE PEOPLE
Fall Maplewood Run
Gary Bastian
June 1 Button Sale
Community Services
June 1 T —Shirt Sale
Community Services
July 17 Open House Tours
City Council Members & Staff
_ July 17 Bus Tour of Maplewood
Community Services
- August 14 Park Dance
City Council — Comm. Services
- August 12 Recognition Banquet
City Clerk's Office
August 6, 7, 8 City Wide Garage Sale
Community Services
June 1 —July 4 Contests
City Council — Comm. Services
May 10 —Dec 31 Postage Meter
City Clerk's Office
June 1 —Dec 31 Flag
Community Services
Summer Flea Market Sale
City Council
July 4 July 4 Celebration
Community Services
July 21 Ramsey County Parade
City Council
Seconded by Councilmember Bastian. Ayes —
all.
— 24 — 5/6
5. East Lakeshore Drive Cul —de -sac
a. Councilmember Anderson stated the County constructed a cul —de —sac on East
Shore Drive and removed the fishing area. He requested that a letter be forwarded
to the County referring the problem to them.
6. Ramsey County League
a. Councilmember Bastian stated he has resigned as the delegate to the Ramsey
County League and moved that MaryLee Maida be nominated as delegates
Seconded by Mayor Greavu.
b. Councilmember Bastian moved that $625 be
account to pay the Ramsey County League dues.
Ayes — all.
Seconded by Mayor Greavu. Ayes — all.
from the
C. Mayor Greavu moved to appoint Norman Anderson be alternate delegate for the__
Ramsey County League. e
Seconded by p6uncilmember Bastian. Ayes — all.
7. Definition of Family Ordinance
a. Councilmember Bastian moved to reconsider the definition of family ordinance
at the meeting of May 20, 1982.
Seconded by Councilmember Anderson. Ayes — all.
8. Rules of Procedures
a. Mayor Greavu moved to amend the Rules of Procedures to establish the reeular
Council meetings as the 2nd and 4th Mondays of each month and that if necessary
special meetings be established for the 3rd Thursday of each month, also staff —
Council agenda session be established on the previous Thursdays before each Council
meet
Seconded by Councilmember Maida.
L. ADMINISTRATIVE PRESENTATIONS
9. Patrolpersons
Ayes — Mayor Greavu, Councilmember
Anderson, Bastian and Maida.
Nays — Councilmember Juker.
a. Manager Evans stated there is a freeze on hiring patrolpersons and he requested
that he be authorized to hire two patrolpersons.
b. Mayor Greavu moved to authorize the Manager to commence the hiring of two
patrol persons.
Seconded by Councilmember Maida. Ayes — Mayor Greavu and Councilmember
Anderson.
Nays — Councilmembers Bastian, Juker
and Maida.
— 25 — 5/6
c. Councilmember Juker moved to authorize the manager to proceed with hiring
one patrolperson.
Seconded by Councilmember Maids. Ayes - ail.
M. ADJOURNMENT
12:16 A.M.
City Clerk
- 26 - 5/6