HomeMy WebLinkAbout07.12.82MINUTES OF MAPLEWOOD CITY COUNCIL
- 7:00 P.M., Monday, July 12, 1982
Council Chambers, Municipal Building
Meeting No. 82 -16
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 7:00 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor
Norman G. Anderson, Councilmember
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
MaryLee Maida, Councilmember
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Present
Present
Arrived at 7:10 P.M.
Present
Absent
Mayor Greavu moved to approve the Agenda as amended:
1. Liquor License
2. Budget Meeting
3. Police Policy
4. Parade
5. Assessment Hearing
6. Recycling Center
7. Storm Sewers
8. Minnehaha and Century
Seconded by Councilmember Anderson. Ayes — all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Juker, Ayes — all, to approve
the Consent Agenda Items 1 through 3 as recommended:
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses, Check No. 000596 through Check
No. 000647 — $132,515.55; Check No. 013568 through Check No. 013671 — $131,150.01:
Part II, Payroll — Check 04284 through Check No. 04410 — $56,880.18) in the amount of
$320,545.74.
2. Establish Hearing Date — Revenue Note — Emerald Inn
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Resolution No. 82 -7 -81
RESOLUTION CALLING FOR A PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
PURSUANT TO THE MINNESOTA MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT AUTHORIZING
THE PUBLICATION OF A NOTICE OF SAID HEARING
WHEREAS,
(a) Chapter 474, Minnesota Statutes,
known as the Minnesota Municipal Industrial
Development Act (the "Act ") gives muni-
cipalities the power to issue revenue bonds
for the purpose of the encouragement and
development of economically sound industry
and commerce to prevent so far as possible
the emergence of blighted and marginal lands
and areas of chronic unemployment;
(b) The City Council of the City of
Maplewood (the "City ") has received from
Judson Dayton, Duncan Dayton, Dr. Edward
Chute, David Chute and Arthur B. Johnson, who
propose to form a corporation or partnership
(the "Company ") a proposal that the City
assist in financing a project hereinafter
described, through the issuance of its
industrial revenue bonds (which may be in the
form of a single debt instrument) (the
"Note ") pursuant to the Act;
(c) Before proceeding with consider-
ation of the request of the Company it is
necessary for the City to hold a public
hearing on the proposal pursuant to Section
474.01, Subdivision 7b, Minnesota Statutes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Maplewood, Minnesota, as follows:
1. A Public Hearing on said proposal of the Company
will be held at the time and place set forth in the Notice of
Hearing hereto attached.
2. The general nature of the proposal and an
estimate of the principal amount of bonds to be issued to
finance the proposal are described in the form of Notice of
Hearing hereto attached.
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3. The Notice of said Public Hearing shall be in substantially the form contained
in the Notice hereto attached.
4. A draft copy of the proposed application to the Commissioner of Energy, Planning
and Development, State. of Minnesota, for approval of the project, together with proposed
forms of all attachments and exhibits thereto, is on file in the office of the City
Clerk.
5. The City Clerk is hereby authorized and directed to cause notice of said hearing
to be given one publication in the official newspaper and a newspaper of general circu-
lation available in the City, not less than 15 days nor more than 30 days prior to the
date fixed for said hearing, as shown in the notice of hearing hereto attached.
Adopted by the City Council of the City of Maplewood, Minnesota, this 12th day of
July, 1982.
/s/ John C. Greavu -
Mayor
Attest:
Lucille E. Aurelius
City Clerk
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
To whom it may concern:
Notice is hereby given that the City Council of the City of Maplewood, Minnesota
will meet at the City Hall in the City of Maplewood, Minnesota, at 7:00 o'clock P.M.
on Monday, August 9, -1982, to consider the proposal of Judson Dayton, Duncan Dayton,
Fred Chute, Dr. Edward Chute, David Chute and Arthur B. Johnson, who propose to form
a corporation or partnership (the "Company "), that the City assist in financing indus-
trial development revenue note.
Description of Project
(Including general location)
A 66 unit Emerald Inn hotel to be located next to the Perkins restaurant
and fronting on County Road D in the southeast quadrant of the intersection
of I -694 and White Bear Avenue
The estimated principal amount of bonds or other obligations to be issued to finance
this project is $1,500,000.
Said bonds or other obligations if and when issued will not constitute a charge,
lien or encumbrance upon any property of the City except the project and such bonds
or obligations will not be a charge against the City's general credit or taxing powers
but are payable from sums to be paid by the Company pursuant to a revenue agreement.
A draft copy of the proposed application to the Commissioner of Energy, Planning
and Development, State of Minnesota, for approval of the project, together with all
attachments and exhibits thereto, is available for public inspection beginning July
13, 1982, from 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, at the
office of the City Clerk.
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At the time and place fixed for said Public Hearing the City Council of the City
of Maplewood will give all persons who appear at the hearing an opportunity to express
their views with respect to the proposal.
Dated this 12th day of July, 1982
(BY ORDER OF THE CITY COUNCIL)
By /s/ Lucille E. Aurelius
City Clerk
3. Final Approval — Revenue Note — St. Paul Business — 35E and Roselawn
Resolution No. 82 -7 -82
RESOLVED by the City Council of the City of
Maplewood, as follows:
ARTICLF, ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions.
The terms used herein, unless the context hereof
shall require otherwise shall have the following meanings, and
any other terms defined in the Loan Agreement shall have the
same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intent.
Act: the Minnesota Municipal Industrial Development Act,
Minnesota Statutes, Chapter 474, as amended;
Assignment of Rents and Leases: the agreement to be
executed by the Borrower assigning all the rents, issues and
profits derived from the Project to the Lender to secure the
repayment of the Note and interest thereon;
Bond Counsel: the firm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, or any
other firm of nationally recognized bond counsel, and any
opinion of Bond Counsel shall be a written opinion signed by
such Bond Counsel;
Borrower: St. Paul Business Center, 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 as—
signs,
Construction Fund: the fund established by the City
pursuant to this Resolution and into the Proceeds Account of
the Construction Fund the proceeds of the Note will be
deposited;
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Construction Loan A reement: the agreement to be executed
by the City, the
Aorra,er an the Lender, relating to the dis-
bursement and payment of Project Costs for the construction and
installation of the Improvements and the refunding of the
outstanding principal amount of the Prior Note;
Guarantors: collectively, William S. Reiling and Donald
Bachmeier;
Guaranty: the guaranty of the payment of, among other
things, the principal of and interest on the Note to be
executed by the Guarantors as of the date of this 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;
Land: the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Leases: leases of space in the Project between the
Borrower and various tenants, including any amendment thereof
or supplement thereto, entered into in accordance with the
provisions thereof;
Lender: First National Bank of Minneapolis, in
Minneapolis, 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 Combination Mortgage, Security Agreement
and Fixture Financing Statement between the Borrower as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note and interest thereon including any mortgage supplemental
thereto entered into in accordance with the provisions thereof;
Note: the $3,200,000 Commercial Development Revenue Note
Of 1982, (St. Paul Business Center Project) to be issued by the
City pursuant to this Resolution;
Note Register: the records kept by the City Clerk to
provide for the registration of transfer of ownership of the
Note;
Plans and Specifications: the plans and specifications
for the construct o� n 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;
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Pledge Agreement: the agreement to be executed by the
City and the Lender pleding and assigning the Loan Agreement to
the Lender;
Princi al Balance: so much of the principal sum on the
Note as remains unpaid at any time;
Prior Note: the Commercial Development Revenue Note of
1981 St. Paul Business Center Project);
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 and all costs to refund the outstanding
principal amount of the Prior Note;
Resolution: this Resolution of the City adopted
1982, authorizing the issuance of the Note,
together with any supplement or amendment thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the desig-
nated Articles, Sections and subdivisions of this resolution as
originally adopted. The words "herein," "hereof" and "hereund-
er and other words of similar import refer to this Resolution
as a whole not to.any particular Article, Section or subdivis-
ion.
1 -2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1 -3. Findings.
The City Council has heretofore determined, and does
hereby determine, as follows:
(1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
(2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and the execution of
the Loan Agreement, the Pledge Agreement, the Note and the
Construction Loan Agreement, which documents specify certain
terms and conditions of the acquisition and financing the
Improvements to be included in the Project;
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(3) in authorizing the Project the City's purpose is, and
in its judgment the effect thereof will be, to promote the pub-
lic 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 development of
revenue - producing enterprises to use the available resources of
the community, in order to retain the benefit of the commun-
ity's existing investment in educational and public service
facilities; helping to provide necessary health care facilities
(to the end that adequate health care services be made avail-
able to residents at reasonable cost); the halting of the
movement of talented, educated personnel of all ages to other
areas and thus preserving the economic and human resources
needed as a base for providing governmental services and facil-
ities; the provision of accessible 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 aggregate principal amount of
$3,200,000 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 refunding the outstanding principal amount of the
Note and to complete the financing of the Improvements to be
included in 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 consti-
tute 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 are
pledged for the payment of the Note or interest thereon; and
(7) the Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
(D) of Section 103(b)(6) of the Code with respect to an issue
Of $10,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1 -4. Authorization and Ratification of Project.
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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 Project
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 acquisi-
tion 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 appropri-
ate 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
$3,200,000 unless a duplicate Note is issued pursuant to Sec-
tion 2 -6. 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
(St. Paul Business Center Project)
$3,200,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota (the "City "), hereby promises to pay the
First National Bank of Minneapolis (the "Lender "), its succes-
sors or registered assigns (the Lender and any such successor
or registered assignee being also sometimes hereinafter
referred to as the "Holder "), from the source and in the manner
hereinafter provided, the principal sum of THREE MILLION TWO
HUNDRED THOUSAND DOLLARS ($3,2008000) or so much thereof as re-
mains unpaid from time to time (the "Principal Balance "), with
interest thereon at the rates specified in paragraphs 1(a) and
1(b) hereof (the "Tax Exempt Rates ") or at such higher rate as
provided in paragraph 1(c) hereof (the "Taxable Rate "), in any
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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 through and
including January 1, 1983, interest only shall be paid at the
rate of % per annum. Interest shall accrue from the date
hereof and shall be payable on the first day of the calendar
month next succeeding the date hereof and on the first day of
each and every month thereafter through and including
January 1, 1983.
(b) Commencing on February 1, 1983 and on the
first day of each calendar month thereafter, the Principal
Balance shall be amortized in equal consecutive monthly
installments of principal and interest the amount of each of
which is to be calculated on an assumed thirty -year
amortization with interest from January 1, 1983 at the rate of
8 per annum and a final installment on July 1, 1992
(the "Final Maturity Date ") which shall be equal to the unpaid
Principal Balance and accrued interest thereon. Any payment
shall be applied first to accrued interest and thereafter to
reduction of the Principal Balance. ,
(c)(i) In the event that the interest on this
Note shall become subject to federal income taxation pursuant
to a Determination of Taxability (as hereinafter defined), the
interest rate on this Note shall be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) to percent ( $) per annum (the
"Taxable Rate "), provided, however, that in no event shall the
Taxable Rate for any period be less than the Tax Exempt Rate
otherwise in effect for the same period. The City shall
immediately upon demand pay to the Holder and to each-prior
Holder affected by such Determination of Taxability an amount
equal to the amount by which the interest accrued retroactively
at such increased rate from the Date of Taxability to the date
of payment exceeds the amount of interest actually accrued and
paid to the Holder and any such prior Holder during said
period. (Such obligation of the City shall survive the payment
in full of the principal amount of this Note). Commencing on
the Payment Date next following the date of payment of such
additional interest and continuing on each Payment Date there-
after (unless the Holder shall accelerate the maturity of the
Note pursuant to clause (ii) of this paragraph (c)), this Note
shall be payable as follows:
(A) if amortization of the Principal Balance
had not theretofore commenced under
paragraph (b) hereof, the monthly payments
of interest only hereunder shall be
increased to reflect the accrual of
interest at the Taxable Rate and the
monthly installments of principal and
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interest payable commencing with the
February 1, 1983 payment shall be
recomputed on the basis of the Taxable Rate
on an assumed thirty year amortization; or
(B) if amortization of the Principal Balance
had theretofore commenced under paragraph
(b) hereof, the Principal Balance shall be
payable in equal monthly installments in
amounts sufficient-to amortize the
Principal Balance over the period ending on
the Final Maturity Date, and accrued
interest at the increased Taxable Rate
shall be payable with each principal
installment.
(ii) Upon a Determination of Taxability, the
Holder may declare the entire Principal Balance of this Note
together with accrued interest thereon at such retroactively
increased Taxable Rate to be immediately due and payable,
together with the prepayment premium, if any, specified in
paragraph 8 hereof.
(iii) The Holder shall give notice, as soon as
practicable, to the Borrower of any Notice of Taxability, as
hereinafter defined, received by the Holder and permit the
Borrower to contest, litigate or appeal the same at its sole
expense. In the event any such contest, litigation or appeal
is undertaken, the increased interest provided in paragraph
(b)(i) shall, nevertheless, be payable to the Holder and shall
be held by the Holder in escrow (without paying interest
thereon) pending final disposition of such contest, litigation
or appeal, provided that the Borrower shall indemnify and hold
harmless the Holder and each prior Holder from any and all
penalties, interest or other liabilities which they may incur
on account of such contest, litigation or appeal.
(iv) The terms "Determination of Taxability,"
"Date of Taxability" and "Notice of Taxability" shall have the
meanings ascribed to such terms in the Loan Agreement, dated
the date hereof (the "Loan Agreement "), between the City and
St. Paul Business Center (the "Borrower ").
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. Principal and interest and any premium due
hereunder shall be payable at the principal office of the
Lender, or at such other place as the Holder may designate in
writing.
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4. This Note is issued by the City to refund the
outstanding principal amount of the Commercial Development
Revenue Note of 1981 (St. Paul Business Center Project) and to
complete the financing of a Project, as defined in Section
474.02, Subdivisions la M'
construction and installation eoftans office scomplex sofnfour the
buildings containing office /warehouse space, pursuant to 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
. 1982 (the "Resolution ").
S. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender (the "Pledge
Agreement "), a Combination Mortgage, Security Agreement and
Fixture Financing Statement, of even date herewith among the
Borrower and Daniel W. Fourre, James D. Voigt and Robert L.
Reiling and their respective spouses, as mortgagor, and the
Lender as mortgagee (the "Mortgage ") by an Assignment -of Rents
and Leases, of even date herewith, from the Borrower to the
Lender (the "Assignment of Rents and Leases ") and a Guaranty
from William S. Reiling and Donald Bachmeier to the Lender (the
"Guaranty "). The proceeds of this Note shall be placed in the
Proceeds Account of the Construction Fund established pursuant
to the Resolution and the Construction Loan Agreement
(hereinafter referred to) and disbursement of the proceeds of
this Note from the Construction Fund is subject to the terms
and conditions of a Construction Loan Agreement of even date
herewith among the Lender, the City and the Borrower (the
"Construction Loan Agreement ").
6. The Holder 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, to
the extent permitted by law, 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.
7. The Borrower may prepay the Principal Balance in
whole or in part in increments of 5100,000 on any Payment Date
upon at least 30 days advance written notice to the Holder (or
such lesser period of notice as the Holder may approve) and
upon payment of an amount equal to the principal amount being
so prepaid, plus accrued interest hereon to the date of
prepayment, plus the prepayment premium calculated in
accordance with paragraph 8 hereof. This Note is also subject
to mandatory prepayment in whole or in part pursuant to Section
2.1 of the Construction Loan Agreement in the amount of any
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sums remaining in the Proceeds Account of the Construction Fund
at the Completion Date (as such terms are defined in the
Construction Loan Agreement), in which event a prepayment
premium shall also be payable in accordance with paragraph 8
hereof, and the time of such prepayment may not be extended
pursuant to paragraph 6 hereof. Upon the occurrence of certain
"Events of Default" under the Construction Loan Agreement
and /or under the Mortgage, and as provided in paragraph 12
hereof, the Holder may declare the Principal Balance and
accrued interest on this Note to be immediately due and payable
(any such action and any similar action pursuant to paragraph
l(c)(ii) hereof being hereinafter referred to as an
"acceleration" of this Note), in which event a prepayment
premium shall also be payable in accordance with paragraph 8
hereof.
Upon the occurrence of certain events of damage,
destruction or condemnation, the Holder may, as provided in the
Mortgage, apply the net proceeds of any insurance or condem-
nation award to the prepayment, in whole or in part, of the
Principal Balance in which event a prepayment premium may be
payable in accordance with paragraph 8 hereof.
8. (a) If at the time of any prepayment on or prior
to July 1, 1987 or acceleration of this Note occurring prior to
July 1, 1987, the Borrower shall pay, together with the
premium, if any, set forth in paragraph (b) hereof an amount
equal to 1 -1/28 of the amount of principal so prepaid
notwithstanding the foregoing, no such prepayment premium shall
be payable with respect to a prepayment made at the option of
the Holder pursuant to Article Five of the Mortgage or Section
5.02 of the Loan Agreement unless an Event of Default had
occurred under the Loan Agreement or the Mortgate at or prior
to time such prepayment is made.
(b) If at the time of any prepayment or
acceleration of this Note, the yield on U.S. Treasury
securities (as published by the Federal Reserve Bank of New
York) having a maturity date closest to the Final Maturity Date
(the "Government Yield "), as determined by the Holder as of the
date of prepayment or acceleration, is less than 8, the
Borrower shall pay a premium calculated as follows: (a) The
amount of principal so prepaid shall be multiplied by (i) the
amount by which % exceeds the Government Yield as of the
date of prepayment or acceleration, times (ii) a fraction, the
numerator of which is the number of days remaining to the Final
Maturity Date and the denominator of which is 360. (b) The
resulting product shall then be divided by the number of whole
months then remaining to the Final Maturity Date, yielding a
quotient (the "Quotient "). (c) The amount of the prepayment
premium payable under this paragraph shall be the present value
on the date of prepayment or acceleration (using the Government
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Yield as of the date of prepayment or acceleration as the
discount factor) of a stream of equal monthly payments in
number equal to the number of whole months remaining to the
Call Date, with the amount of each such hypothetical monthly
payment equal to the Quotient and with the first payment pay-
able on the date of prepayment or acceleration notwithstanding
the foregoing, no such prepayment premium shall be payable with
respect to a prepayment made at the option of the Holder
pursuant to Article Five of the Mortgage or Section 5:02 of the
Loan Agreement unless an Event of Default had occurred under
the Loan Agreement or the Mortgate at or prior to time such
prepayment is made.
9. The payments due under paragraph 1 hereof shall
continue to be due and payable in full until the entire
Principal Balance and accrued interest due on this Note have
been paid regardless of any partial prepayment made hereunder.
10. As provided in the Resolution and subject to
certain limitations set forth therein, this Note is transfer-
able upon the books of the City at the office of the City
Manager by the Holder in person or by his agent duly authorized
in writing, at the Holder's expense, upon surrender hereof
together with a written instrument of transfer satisfactory to
the City Clerk duly executed by the Holder 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 Holder 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 and for all other purposes, and all such payments so
made to the Holder or upon his order shall be valid and
.effective to satisfy and discharge the liability upon the Note
to the extent of the sum or sums so paid, and the City shall
not be affected by any notice to the contrary.
11. This Note and interest hereon and any premium
due hereunder are payable solely from the revenues and proceeds
under the Loan Agreement pledged to the payment thereof
pursuant to the Pledge Agreement, except as the same may
otherwise be payable in accordance with, the Mortgage, the
Guaranty and the Assignment of Rents and Leases, 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
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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.
12. It is agreed that time is of the essence of thiE
Note. If the City defaults in the payment when due of any
installment of principal or interest or any premium or penalty
due hereunder and if said default shall have continued for a
period of ten (10) days, or if an Event of Default shall occur
as set forth in the Mortgage, the Construction Loan Agreement
or the Loan Agreement, then the Holder shall have the right and
option to declare the Principal Balance, and accrued interest
thereon, together with the premium specified in paragraph 8
hereof, immediately due and payable but solely from the sources
specified in paragraph 11 hereof. Failure to exercise such
option at any time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
13. The remedies of the Holder, as provided herein
and in the Mortgage, the Assignment of Rents and Leases, the
Guaranty, the Loan 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 Holder, 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.
14. The Holder 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 Holder, 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.
IT IS HEREBY CERTIFIED AND RECITED that all condi-
tions, acts and things required to exist, happen and be perform-
ed 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, City Clerk, and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated
, 1982.
- 14 - 7/12
CITY OF MAPLEWOOD, MINNESOTA
/s/ John C. Greavu _
Mayor
Attest:
/s/ Lucille E. Aurelius _
City Clerk
(SEAL)
F. PUBLIC HEARINGS
1. On Sale Liquor License - The Brothers -In -Law 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the application
of Jeffrey S. Schwartz for an On Sale Intoxicating Liquor License at the Brothers -
In -Laws, 3035 White Bear Avenue (Maplewood Square). The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Mr. Jeffrey Schwartz, the applicant, spoke on behalf of his request. He further
stated he has no other interest in any other liquor establishment.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents.. None were heard.
I. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
82- 7 -83
NOTICE IS HEREBY GIVEN,. that pursuant to action by the City Council of the City
of Maplewood on July 12, 1982, an On Sale Intoxicating Liquor License was approved
for Jeffrey S. Schwartz, dba Brothers -In -Law, 3035 White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions of the
City Ordinances.
Seconded by Mayor Greavu. Ayes - all.
H. UNFINISHED BUSINESS
1. Roof Sign - ICO Station
a. Manager Evans presented the staff report.
b. The Manager of the ICO Station spoke on behalf of the request.
- 15 - 7/12
c. Councilmember Anderson moved_ to approve the six by five foot roof sign on top
of the Inter City Oil at 1760 VanDyke.Street based on the findings that:
1. A pole sign will not work due to the buildings proximity to the property line
and interference of overhead power lines.
2. The proposed sign would meet size requirements as outlined in the ordinance
and would meet the intent of the ordinance compared with any other permitted
method of signing.
Seconded by Mayor Greavu. Ayes - all.
2. .Special Exception: 1770 Onacrest Curve - Beran
a. Manager Evans presented the staff report.
Councilmember Bastian arrived at the meeting at 7:10 P.M.
b. Ms. Diane Beran, 1770 Onacrest Curve, the applicant spoke on behalf of the proposal.
C. Councilmember Bastian moved to approve a special exception permit to operate
a folk art painting business, as a home occupation, at 1770 Onacrest Curve, subject
to:
1. Compliance with the criteria outlined in the Planning Commission Subcommittee
Report, except guideline number five.
2. Approval is granted for one year, after which time the applicant may apply for
a renewal if the business has been compatible with the neighborhood and all
conditions are being met.
3. A smoke detector shall be located on the main and basement levels of the dwelling.
4. A five -pound ABC fire extinguisher shall be wall mounted and readily available
to the kitchen area.
Seconded by Councilmember Anderson. Ayes - all.
3. Code Amendment: Minimum House Width and Foundation: Second Reading
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following ordinance and moved its adoption:
ORDINANCE NO. 516
AN ORDINANCE ESTABLISHING MINIMUM WIDTH AND FOUNDATION
REQUIREMENTS IN R -1 ZONES
THE.MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN:
Section 1. Section 904.100 is hereby added as follows:
904.100 BUILDING WIDTH AND FOUNDATION REQUIREMENTS.
1. The minimum building width on any side shall be at least twenty -one feet.
The building width shall not include entryways or other appurtenances that
do not run the full depth of the building.
16 - 7/12
2. All buildings shall provide a permanent foundation with perimeter frost
footings or a "floating" slab that meets the State Building Code.
Section 2. This ordinance shall take effect and be in force from and after
its passage and publication as provided by law.
Seconded by Councilmember Juker. Ayes- all.
4. Code Amendment - Metal Buildings - Second Reading
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following ordinance and moved its adoption:
ORDINANCE NO. 517
AN ORDINANCE AMENDMENT REGULATING THE REVIEW OF METAL POLE BUILDINGS
The City Council of the City of Maplewood does hereby ordain as follows:
Section 1. Section 202.240 of the Maplewood Code is hereby added to read as follows:
202.040 SPECIAL AREAS
1. It shall be unlawful to erect a metal building in the City of Maplewood which
is of a design commonly referred to as a "metal pole building ", "pole barn"
or "agri- building ", unless such building would be located in a F, Farm Residence
District or unless such building is a metal storage building commonly used as
a back yard storage shed. Should any dispute arise over the classification
of a proposed metal building, the Director of Community Development shall determine
whether the proposed metal building fits into the "metal pole building" category.
Appeals of the Director's decision shall be made to the City Council for a deter-
mination of building type.
2. Buldings having metal exteriors, but not being of the typical pole building
design, may only be allowed in areas zoned F, Farm Residence, B C, BusinessCom-
mercial, M -1, Light Manufacturing and M -2, Heavy Manufacturing. Special arch-
itectural design and nonmetal decorative modifications may be required to assure
compatibility with community development.
Section 2. This ordinance shall take effect and be in force after its passage and
publication.
Seconded by Councilmember Juker. Ayes - Councilmember Anderson, Bastian and
Juker.
Nays - Mayor Greavu.
5. Code Amendment: Board of Adjustments and Appeals - Second Reading
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO. 518
BOARD OF APPEALS AND ADJUSTMENTS REPLACED WITH THE MAPLEWOOD CITY COUNCIL HEREBY
ORDAINS AS FOLLOWS:
- 17 - 7/12
Section 1. The City Code is hereby amended as follows (deletions crossed out
and additions underlined):
p9R�ll0 :-- BDARB -BE- APPEALS- ANB- ABdF3STMENT- ESTABLIS #EB : - -A- Beard - -e €- Appeals -and
Adj• essmeass-€ s- kereky- essakllsked-€ er- Eke- parpese- e €- kearlag- aad- deserm €nlag- appeals
€ rem- deels€ eas - a €- admis €ssraElue- e € € €e€ all- e€- Mapleaaeed- €a- maEEers- rela # €eg -ss -she
en€ ereemeas-e€- sea € »g- erdlaaaees- aad - €er- Dear€ ag - aad- desermlalag -pes €E €eas- €er -ad-
�esEmeaE- e €- eeadls €eas-€ mpesed- ky- sealag- er- plaaalag- er # €aaasesr
�9� :ill = -- MEMBERS # € # -BE- APPEALS- #9ARB, - -- The- #eard- e €�Aggea €s- aad- Ad�esEmeaBs
shall- eras €ss -e €- Eke - Mayer - aad- €eer -F4 }- members -e €- Eke -� €} }age- 6eaae €Ir
202.112. PGWERS- AND - DEITIES- BP -T #E -E BARB -BE -APPEALS- AND- APJUSTMENTS.
APPEALS AND VARIANCES. The Beard -s €- Appeals - aad- Adassmeass- City Council shall
hear and decide all appeals from alleged erroneous decisions of any administrative
or enforcement officer of Maplewood in matters relating to the administration and
enforcement of the zoning ordinances of Maplewood. The Beard Council shall also
hear requests for variances from the literal provisions of the zoning ordinance
in instances where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration and to grant
such variances only when it is demonstrated that such actions will be in keeping
with the spirit and intent of the ordinance. Such grants shall not provide for
a use which is not permitted under the zoning classification in which the property
is located. The Bead Council may impose conditions in granting variances to insure
compliance and to protect adjacent properties. In matters relating to planning,
the Beard -e €- Appeals - aad- djt}sEmeass City Council shall have the powers set forth
in Minnesota Statutes, Section 462.359, Subd. 4.
202.113. PROCEDURES. Appeals may be brought before the Beard- e €- Adj•ssEmeass
and- Appeals City Council by any affected person. Appearance before the Bea�� Council
may be in person or by agent or attorney. The Beard Council shall schedule a hearing
within Eklrsy sixty days after an appeal is submitted in writing. All notices of
appeal must be filed with the Village -Sler# Director of Community Development within
the time prescribed by applicable law, ordinance or regulation. The decision of
the Beard -e €- Appeals - aad- AdasEmeass- City Council shall be final and no further
action shall be required or allowed by the municipality, except that the Village
Council may in accordance with the decision, rescind or otherwise alter any decision
previously made which may have been subject of the appeal. Further appeal may be
taken to the District Court of Ramsey County providing such appeal is made within
twenty (20) days after the date of the decision of the Board o- €pc1� anr�- Adust-
mea €s City Council.
The Beard- e €- eppeals- aad -Adas €meals City Council shall render its decision
on any appeal within ninety (90) days after the date of the end of the hearing.
2B2TIl4r-- RBLES- ANB- RE6HLATI9NSr-- Tke- Eeard- e€- Appeals- ead-- Ad- j- ttst- ��t- t- s-- ��ray --a dop t
aad-premslgaEe- riles- aad- regr�lasl eas - genera #ag- #ES- €eaes #ea- aad -ssek- riles- aad -re-
gilas€ eas - shall- ke- pikl€sked- €er -aE- €ears - sissy -�gB }- days -ke €ewe- adepElea -- -Sick
riles- aad- regilaEl eas - shall- keeeme -e €€ eel€ ve- ealy- a €Eer- appreva € -ky- Eke- V €llage-
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riles- aad- regilaE €eas- are -sikm €sled -ES- Eke- 6eiae € }- w €Ek €a- wk €ek- ES- apprese -er- reject
aay -er- all - risk- ralesp- aad - prey €ded- €irsker- Ekas - € €- Eke- 6eiaell- €ails- Ee -aeE -w #Shin
sald-bB- days ; - €ke- rules- skal €- sake- e€€ eeE- w€ skeaE- 6eiaell- eppreualT-- St�ek- riles-
may- grew€ de - €er- casks- €e- ke- Eakea- ky- w €Eaesses -aad- may- alse- pre�zlde- €er- wrlssea-
krle €sr
,29-22 -113 : -- RE6812BS- 8I'- T #E- BBARA :- -Tlie- Bead -e €- Appeals - aad -A� jas�a�exss- ska -ll-
leaep-a-reeerd-e€-#ts-aet3{+it-ias- and- preeaed-ings;-- ine�ud #ngy -but- net- �Tmited -fie -,-
tha- minutes -e €- its - meetings;- and - arse- sts- €indings;- the- aetsan- talcan;- and- tha - €snal
- 18 - 7/12
e��ess- €a -a € €- heap €ags - a €- aggea €s -ems- €ems- ad}estxiee�s, - - -A- cagy- e €- eue�y- e�de� -�E-
makes- sl�a € €- be- €e�wa�ded- te- Bke -V € €€ age - Geese€ €- H3�- de € €ue� €eg- sane -8e- eke -u4€ €age
Clerk,
Section 2. This ordinance shall take effect and be in force from and after
its passage and publication.
Seconded by Councilmember Juker. Ayes - -all.
F. PUBLIC HEARINGS (continued)
2. Small Kennel License - Patrick C. Rossbach - 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Patrick C. Rossbach for a small kennel license to house (3) three dogs at 2229
Hazelwood Street. The Clerk stated the hearing notice was in order and noted the
dates of publication.
b. Manager Evans presented the staff report.
C. Mr. Patrick Rossbach, 2229 Hazlewood Street, the applicant, spoke on behalf
of the request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mrs. Betty Smity, 2239 Hazelwood is not against . the license, but wishes it to
be limited to three (3) dogs.
I. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to
Hazelwood Street, to hous
a small kennel license to Patrick C. Ross
Seconded by Councilmember Anderson
H. UNFINISHED BUSINESS (continued)
6. The DeLory Company Request
ets subiect to annual review
Ayes - all.
a. Mayor Greavu had requested this item be placed on the agenda.
b. Mr. DeLory, DeLory Company, wishes to be allowed to obtain sewer permits although
he is not a master plumber.
c. Councilmember Bastian moved to table this item until the first meeting in August
to allow him to obtain further information. `^
Seconded by Councilmember Anderson. Ayes - all.
? VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
EN&M
7/12
I . Radio Repeater Equipment — Budget Transfer
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved to authorize a budget transfer from the contingency
fund to cover the cost of purchasing the radio repeater equipment and the associated _
telephone line installation as recommended.
Seconded by Mayor Greavu. Ayes —all.
2. Forfeiture of Bond — Bedell's Liquors
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved to donate the receipts of the June 28, 1982 bond_
forfeiture to the East Communities Family Service Center.
Seconded by Mayor Greavu. Ayes — all.
3. Lot Survey Policy
a. Manager Evans presented the staff report with the recommendation that the Council
extend the 1979 policy requiring a survey or stakes for building permits to include
lot divisions, variances, Design Review Board approvals, and other city approvals
where setbacks to existing buildings or lot lines are at issue.
b. Councilmember Bastian moved to adopt the lot survey policy as presented with
a revision that states "The City Manager may waive the lot survey requirement where
common sense indicates that a proposed structure is not near a lot line or minimum_
setback line ".
Seconded by Councilmember Juker. Ayes — all.
5. MnDOT Beam Avenue Agreement
a. Manager Evans presented an agreement from MnDOT regarding City and State cost
sharing for the installation of a signal system at Beam Avenue and T.H. 61.
b. Councilmember Anderson moved to approve the agreement as presented with MnDOT
regarding the installation of a signal system at Beam Avenue and T.H. 61.
Seconded by Councilmember Juker. Ayes — all.
K. COUNCIL PRESENTATIONS
1. Liquor License
a. Councilmember Juker moved to have staff — investigate the possibility of the City
having more than the 18 On Sale Liquor Licenses that is currently our limit.
Seconded by Councilmember Anderson. Ayes — all.
2. Budget Meeting
a. Councilmember Juker requested there be a budget meeting established.
b. Council established a budget meeting at 7:00 A.M., Thursday, July 15, 1982 at
Perkins Restaurant on County Road D.
— 20 — 7/12
3. Police Policy
a. Councilmember Juker questioned if it is the policy of the Maplewood Police Depart— r.
ment to give aid to accident victims in another city.
b. Acting Police Chief Hagen stated if our police department come upon an accident
in another city, they would give aid.
4. Parade
5. Assessment Hearing
a. Councilmember Joker stated that there had been assessment hearings scheduled
for July 22, 1982 and this is the same night as the scheduled White Bear Avenue
parade. The Council is expected to represent the City at this parade.
b. Councilmember Joker moved to hold the assessment hearings on July 29, 1982.
Seconded by Councilmember Anderson
C. Improvement 81 -6 Shade Tree Disease
Councilmember Juker introduced the foll
Ayes — Mayor Greavu, Councilmembers Anderson
and Joker.
Nays — Councilmember Bastian.
82— 7 -84
resolution and moved its adoption:
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, pre-
pared an assessment roll for Project No. 81 -6 Shade Tree Disease Control Program
and the said assessment roll is on file in the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 7:00 p.m. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment.
3. The notice of hearing shall state the date, time, and place of hearing,
the general nature of the improvement, the area proposed to be assessed,
that the proposed assessment roll is on file with the Clerk, and that written
or oral objections will be considered.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Juker.
Nays — Councilmember Bastian.
d. Improvement No. 79 -4 English Street Improvements
Councilmember Juker introduced the following resolution and moved its adoption:
— 21 — 7/12
82 — 7 — 85
WHEREAS, the Clerk and the Engineer have, at the direction of the Council', pre -
pared an assessment roll for the construction of Project No. 79 -4 English Street
Improvements south of County Road C and the said assessment roll is on file in the
office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 7:15 P.M. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the
general nature of the improvement, the area proposed to be assessed, that
the proposed assessment roll is on file with the Clerk, and that written
or oral objections will be considered.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Juker.
Nays — Councilmember Bastian.
e. Improvement 78 -20 Brookview Drive Storm Sewer
Councilmember Juker intorduced the following resolution and moved its adoption:
82 -7 -86
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, pre-
pared an assessment roll for the construction of Project No. 78 -20 Brookview Drive
Storm Sewer and the said assessment is on file in the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 7:30 p.m. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment.
3. The notice of hearing shall state the date, time, and place of hearing,
the general nature of the improvement, the area proposed to be assessed,
that the proposed assessment roll is on file with the Clerk, and that written
or oral objections will be considered.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Juker.
Nays — Councilmember Bastian.
— 22 — 7/12
f. Improvement 78 -24 Beam Avenue West of T.H. 61
Councilmember Juker introduced the following resolution and moved its adoption._
82 — 7 — 87
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, pre-
pared an assessment roll for the construction o -f Project No. 78 -24 Beam Avenue west
of T.H. -61 and the said assessment roll is on file in the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 7:45 p.m. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment.
3. The notice of hearing shall state the date, time, and place of hearing,
the general nature of the improvement, the area proposed to be assessed,
that the proposed assessment roll is on file with the Clerk, and that written
or oral objections will be considered.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Joker.
Nays — Councilmember Bastian.
g. Improvement 78 -9 East Shore Drive
Councilmember Juker introduced the following resolution and moved its adoption:
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, pre-
pared an assessment roll for the construction of Project no. 78 -9 Water Improvement,
East Shore Drive and the said assessment roll is on file in the office of the City
Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 8:00 p.m. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment.
3. The notice of hearing shall state the date, time, and place of hearing,
the general nature of the improvement, the area proposed to be assessed,
that the proposed assessment roll is on file with the Clerk, and that written
— 23 — 7112
or oral objections will be considered.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Juker.
Nays — Councilmember Bastian.
h. Improvement 80 -14 Keller Parkway Sanitary Sewer
Councilmember Juker introduced the following resolution and moved its adoption:
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, pre-
pared an assessment roll for the construction of Project No. 80 -14 Keller Parkway
Sanitary Sewer and the said assessment roll is on file in the office of the City
Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 8:15 p.m. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment.
3. The notice of hearing shall state the date, time, and place of hearing,
the general nature of the improvement, the area proposed to be assessed,
that the proposed assessment roll is on file with the Clerk, and that written
or oral objections will be considered.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Juker.
Nays — Councilmember Bastian.
i. Improvement 79 -15 Southlawn — Radatz
Councilmember Juker introduced the following resolution and moved its adootion:
82 -7 -90
WHEREAS, the Clerk and the Engineer have, at the direction of the Council, pre-
pared an assessment roll for the construction of Project No. 79 -15 Southlawn — Radatz
Improvements and the said assessment roll is on file in the office of the City Clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 29th day of July, 1982, at the City Hall
at 8:30 p.m. to pass upon such proposed assessment and at such time and
place all persons owning property affected by such improvement will be given
an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at Least
— 24 — 7/12
two weeks prior to the hearing, and to mail notices to the owners of all
property affected by said assessment. "
3. The notice of hearing shall state the date, time, and place of hearing,
the general nature of the improvement, the area proposed to be assessed,
that the proposed assessment roll is on file with the Clerk, and that written
or oral objections will be considered.
Seconded by Councilmember Anderson
J. NEW BUSINESS (continued)
4. Moratorium on House Moving
Ayes - Mayor Greavu, Councilmembers.Anderson
and Juker.
Nays — Councilmember Bastian.
a. Manager Evans stated staff is requesting a moratorium on moving houses into
or within the City until this issue can be studied. The following is recommended:
I. Establish a moratorium on moving .houses into or within Maplewood for six months
or until a new ordinance is adopted.
II. Direct Staff to prepare an ordinance on house moving. If Council has specific
requirements they wish to have in the ordinance, we would appreciate their dir-
ection on this as well.
b. Mr. Morris, 3034 N. Chippewa Court, spokesman for the area, stated he supports
the request for a moratorium (a house is being proposed to be moved onto a lot across
from him).
c. Councilmember Bastian moved to place a three month moratorium on houses being
moved into Maplewood and directed staff to prepare an ordinance regulating house_
moving.
Seconded by Mayor Greavu. Ayes - all.
K. COUNCIL PRESENTATIONS (continued)
8. Minnehaha and Century
a. Councilmember Anderson questioned if permits given have a time limit.
b. Staff stated the developer at Minnehaha and Century had one year to start con -
struction.after a building permit is issued. There is no time limit on design review
board approval.
7. Storm Sewers
a. Councilmember Anderson requested staff to research assessing City wide for storm
sewer improvements.
6. Recycling Center
a. Several residents of the area of McKnight Road and Minnehaha Avenue, where the
- waste . recycling center is proposed to be constructed, presented their objections
to the proposal. The following persons were heard:
25 — 7/12
Phyllis Schwartz, 649 Ferndale
Joe Lindbeck, 2550 Minnehaha
Marge Zabel, E. Fifth Street
Mike Ross, 571 Farrell
Doug Thompson, 643 Ferndale
Hilmer Anderson, 814 Mayhill Road
Mary Johnson, 882 Bartelmy Lane
Arlen Fronning, 2698 Fifth Street
Richard Dippel, 2424 Bush
Mabel Thompson, 643 Ferndale
b. Council stated they did not have any voice in this decision. There will be
a meeting of the nine member Siting Task Force of the Ramsey /Washington Waste to
Energy Project on Wednesday, July 14, 1982, at the Washington County Health Building.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
9:25 P.M.
City Clerk
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