HomeMy WebLinkAbout06.07.79ACAZNFV`,
Maplewood CiLy (..ouncil
7:30 P.H., Thur,,;daty, June ",', 1979
Municipal Administration Building
Meeting 79 - 1�
CALL -1-0 ORDER
_RQ_L.L ----- QQLl,
APPROVAL OF MIMUTES
(May 3)
APPROVAL OF AGENDA
CONSENT rGENDA
under the Consent Agenda are considered to be routine by
the City Council and will be enacted by cne notion in the form listed below.
There will be no separate discussion on these items. If discussion is
dosired, that item will be removed from the Consent hyenda and will be
considered separately.
1. Revision of Authorization in Connection with Graot for Johile Radio Units
2. Project 73-13 - Damages Settlement
3. H.R.A. Annual Report
4. Donations
5. N.R.P.A. Congress for Recreation & Farks - New OrleanF (Director)
6. NJXA.,Congress for Recreation & Parks - Now Yleans (Asst. Dire0ar)
7. International Fire Chiefs Conference • Kansas City (Fire Marshal)
8. Final Plat: Maple Greens Third Addition
9. Final Plat: Siekmeier's First Addition
10, Accounts Payable
11. Permission to Close Street - Price Street (Clarence to Birmingha.i-,,i) iun� 2`2
HOLIC HVARINGS
1. Left Turn Lane-Beam Avenue and White Bear Avenue
2. Rezoning: Hillcrest Developmert (R-1 to RQ
3. Rezoningn South of Beam Avenue (F to BC (M)) ------
4. Variance: West of Kenwood Drive (Naughter)
AWARD OF BIDS
I. cations Recording Equipment
2. Vans
3. Project 77-12(Maryland Avenue improvement
A, - Project 79-6 (Diseased Shade Tree Removal
el
I S 11 D HS 1 N E SS
Parking Spam (2nd Reading)
2' Plan K0VicW: Qig Bel/ Pi S LaurxnIS________
3. C0mDCrCj3l R2Yo0Uc Note N UJv
/s RCStJUr;Dt
Zoning Amendment:
K-2 MiDiUK{N Lot 3iZuS (2nd R�D�iVg\
lTOR PRESENT8T1ON
13USINESS
i or
iZiltiOn t0 Sell Bonds
2. Temporary Mobile H0U13 Permit: English Street. (AR-MON)
' \
3' Special Except 0D: 2 36 [0UDtY Road D (R0biO3OD/
� �, S��Ci�� �XCRpt�OU: l938-40 Clarence Street
5. Vista Hills Park - Purchase
6 Trail Grant, _ Nature Center----
7- Feasibil-ity 3tUdv - UillH00d Drive and D0rlaOd Road T0prOYemCDtS_____
8. AUt0 Project-C(IOtUry AY2DU2
COUNCIL PRESENTATIONS
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ADMINISTRATIVE PRESENTATIONS
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MINUTES OF THE MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, June 7, 1979
Council Chambers, Municipal Building
Meeting No. 79 -14
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 7:33 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Burton A. Murdock, Councilman Present
Earl L. Nelson, Councilman Present
Donald J. Wiegert, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes No. 79 -12 (May 3, 1979)
Councilman Anderson moved that the Minutes of Meeting No. 79 -12 (May 3, 1979) be
Seconded by Councilman Wiegert. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Parkway Drive and Frost Avenue
2. Rezone White Bear Avenue
3. Housing Code
4. County Road Plan
5. F -4a Approval of Minutes
6. Neighborhood Problem
7. Speed signs on Harvester Avenue
B. Appointment - Civil Service Commission
9. County Road C at English Street
10. Establish Wages - Director of Emergency Preparedness
Seconded by Councilman Murdock. Ayes - all.
E. CONSENT AGENDA
Item No. 10 - Accounts Payable removed from Consent Agenda to become Item J -9
Councilman Wiegert moved
1 through 9 and 11 be a
ent Agenda. Items
1. Revision of Authorization in Connection with Grant for Mobile Radio Units
-1- 6/7
Resolution No. 79 -6 -127
WHEREAS, during the year of 1976 the City of Maplewood participated in a
Ramsey County Joint Law Enforcement Assistance Administration grant for radio
upgrading; and
WHEREAS, the City of Maplewood had six (6) mobile radio units modified and
other communities in Ramsey County had other mobiles modified under this grant and
they did not perform in a satisfactory manner; and
WHEREAS, all possible methods of further modification have been eliminated; and
WHEREAS, the only method to correct this situation is to purchase new units;
and
WHEREAS, the grant application requests funds under the following formula:
90% federal, 5% state, 5% local; and
WHEREAS, Ramsey County is the most appropriate sponsoring unit of government
because the grant is multi - jurisdictional;
NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood hereby authorizes
Ramsey County to act as the fiscal agent, sponsoring unit and implementing agency
for the grant project entitled Acquisition of Mobile Radio Units; and
BE IT FURTHER RESOLVED, that the City of Maplewood encumbers $600 from account
#121 -4640 to be provided as local match for six (6) radios to be received by the
City of Maplewood; and
BE IT FURTHER RESOLVED, that the St. Paul- Ramsey County Criminal Justice Coordin-
ating Council is authorized to make application to the Minnesota Crime Control Plan-
ning Board to include this grant in the FY 1980 block grant; and
BE IT FURTHER RESOLVED, that the City Council Resolution #79 -2 -61 dated February
15, 1979, is hereby rescinded.
2. Project 73 -13 - Damages Settlement
Approval as recommended the payment of $4,500 to the Lais, Bannigan and Ciresi Trust
Account for disbursement to Michael Welsh and his attorney for claims of damages
relating to Project 73 -13.
3. H.R.A. Annual Report
Accepted as recommended the 1978 H.R.A. Annual Report.
4. Donations
Accepted the following donations with a letter of thanks to be forwarded:
Maplewood Coin Club - $50.00 for the Heritage Center;
Brauer and Associates, LTD - $20.00 for the Nature Center;
Lioness - $2,000 to sponsor the puppet wagon for 1979.
5. N.R.P.A. Congress for Recreation and Parks - New Orleans - Assistant Director
Approved as recommended the travel and training application for the Assistant Director
- 2 - 6/7
of Community Services to attend the National Recreation and Park Association Confer-
ence in New Orleans, October 28 thru November 1, 1979.
7. International Fire Chief's Conference - Kansas City - Fire Marshal
Approved as recommended the travel and training application for the Fire Marshal to
attend the International Fire Chief's Conference in Kansas City, September 16 through
September 19, 1979.
8. Final Plat: Maple Greens Third Addition
Approved as recommended the final plat of the Maple Greens Third Addition subject to
receiving an irrevocable letter of credit.
9. Final Plat: Siekmeier's First Addition
Approved as recommended the final plat of Siekmeier's First Addition.
10. Accounts Payable - See J -9
11. Permission to Close Street - Price Street - Clarence to Birmingham - June 22
Approved subject to conditions as recommended to close Price Street from Clarence
Street to Birmingham Street, for a neighborhood block party June 22, 1979 from
5:30 P.M. to 11:00 P.M.
F. PUBLIC HEARINGS
1. Left Turn Lane - Beam Avenue and White Bear Avenue - 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the improvement
by construction of a left turn lane at Beam Avenue and White Bear Avenue. The
Clerk read the notice of hearing along with the dates of publication.
b. Manager Evans presented the staff report.
C. Mr. Wayne Leonard, Coordinating Engineer for Ramsey County, explained the
specifics of the proposal.
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. Councilman Murdock moved denial of City participation in the traffic signals
at this time but approved the left turn lane and introduced the following resolut-
ion and moved its adoption:
79 -6 -128
WHEREAS, after due notice of public hearing on the construction of a left
turn lane on White Bear Avenue at Beam Avenue, a hearing on said improvement in
accordance with the notice duly given was duly held on Thursday, June 7, 1979,
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:
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1. That it is advisable, expedient, and necessary that the City of
Maplewood construct a left turn lane on White Bear Avenue at Beam Avenue
as described in the notice of hearing thereon, and orders the same to
be made.
2. The City Engineer and Ramsey County is designated engineer for this
improvement and is hereby directed to prepare final plans and specifications
for the making of said improvement.
3. This improvement is hereby designated to be Maplewood Project No. 79 -14.
Seconded by Councilman Wiegert. Ayes - all.
2. Rezoning - Hillcrest Development - R -1 to R -3 - 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a request
to rezone property owned by Hillcrest Development from R -1 to R -3. The Clerk
read the notice of hearing along with the dates of publication.
b. Manager Evans presented the staff report and recommended tabling of the zone
change until Midwest Planning has had an opportunity to eveluate what the planned
land use should be in this area.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Kent moved that the Planning Commission recommend to the City Council
that' he 'zone change be tabled until 30 days after the report after the contract
is complete with Midwest Planning.
Commissioner Barrett seconded. Ayes 6; Nays 2 (Commissioners Prew & Kishel)."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilman Nelson moved to table the zone change as recommended by the Plan-
ning Commission.
Seconded by Councilman Wiegert. Ayes - all.
3. Rezoning - South of Beam Avenue - F to BC - M - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a request
for a zone change from F to BC - M, a strip of property lying north of Radatz
Avenue between Southlawn Drive and White Bear Avenue. The Clerk read the notice
of hearing along with the dates of publication.
b. Manager Evans presented the staff report and stated that the property owners
at 2829 White Bear Avenue and 1927 Radatz Avenue wish to be included in the re-
zoning area.
d. Chairman Les Axdahl presented the following Planning Commission recommendation:
-4- 6/7
"Commissioner Kishel moved that the Planning Commission recommend to the City
Council establish a public hearing on the rezoning of certain properties north of
Radatz Avenue from Farm - Residential to Business - Commercial (Modified) as indicated
on the Staff proposal drawing included in the memorandum dated April 23, 1979.
This would indicate that the BC (M) would then be extended to opproximately the
center of the block between Radatz and Beam Avenue.
Commissioner Sherburne seconded. Ayes all."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Don Nelson, formerly of 1861 Radatz, inquired about the boundaries of the
rezoning.
Mr. Robert L. Anderson stated he wished his property to be rezoned.
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson moved to rezone the
ning uommission an
the rezone area.
Seconded by Councilman Nelson.
Motion was ruled invalid because
the hearing notice.
h. Councilman Anderson moved to
Seconded by Councilman Wiegert.
i. Councilman Wiegert introduce
as recommended by the Plan -
and 1927 Radatz Avenue in
Ayes - all.
the two added properties were not included in
reconsider the previous action.
Ayes - all.
i the following resolution and moved its adoption:
79 -6 -129
WHEREAS, the Council of the City of Maplewood, acting on its own initiative
and in accordance with the Zoning Code of the City of Maplewood, desires the rezon-
ing of the following described property from F (Farm Residence) to BC -(M) - (Bus -
iness- Commercial Modified):
1. 57 00210 390 50 - Unplatted Lands: Ex W 1685 ft; the S 100 ft of N 505 ft of
part of SW 1/4 W of White Bear Avenue in Section 2, Township 29, Range 22
2. 57 00210 400 50 - Unplatted Lands: Ex W 1685 ft; the S 100 ft of N 405 ft of
part of SW 1/4 W of White Bear Avenue in Section 2, Township 29, Range 22
3. 57 00210 410 50 - Unplatted Lands: Ex W 1685 ft; the southerly 60 ft of the S
100 ft of N 305 ft of part of SW 1/4 W of White Bear Avenue in 2 -29 -22
4. 57 00210 460 50 - Unplatted Lands; the S 60 ft of the E 330 ft of W 1685 ft of
N 305 ft of SW 1/4 (subj to Rd) in 2 -29 -22
5. 57 00210 070 50 - Unplatted Lands: Ex the N 305 ft the N 85.2 ft of the E 100
ft of W 1685 ft of part of SW 1/4 N of Radatz Avenue in 2 -29 -22
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6. 57 00210 090 50 - Unplatted Lands; Ex N 305 ft the N 85.2 ft of the E 140 ft of
W 1685 ft of part of SW 1/4 N of Radatz Ave. in 2 -29 -22
7. 57 00210 100 50 - Unplatted Lands; Ex N 305 ft the N 85.2 ft of the E 90 ft of
W 1445 ft of part of SW 1/4 N of Radatz Ave. in 2 -29 -22
8. 57 00210 380 50 - Unplatted Lands; subj to ave and Ex W 185 ft of S 310 ft the
S 60 ft of E 285 ft and S 135 ft by W 100 ft of W 1355 ft of part of SW 1/4
of Radatz Ave in 2 -29 -22
9. 57 00210 370 50 - Unplatted Lands; the N 75 ft of E 100 ft of W 1255 ft of S
310 ft of part of SW 1/4 N of Radatz Ave in 2 -29 -22
10. 57 00210 360 50 - Unplatted Lands; the N 75 ft of E 85 ft of W 1155 ft of S
310 ft of part of SW 1/4 N of Radatz Avenue in 2 -29 -22
11. 57 00210 490 50 - Unplatted Lands; the S 60 of the N 390 ft of the East 100 ft
of W 1070 ft of part of SW 1/4 lying N of Radatz Ave. in 2 -29 -22
12. 57 00210 680 50 - Unplatted Lands; Ex S 235 ft; the S 60 ft of the E 120 ft of
W 970 ft of part of SW 1/4 lying N of Radatz Ave (subj to Beam Ave) in 2 -29 -22
13. 57 00210 550 50 - Unplatted Lands; Ex S 200 ft; the S 95 ft of E 100 ft of W
850 ft of part of SW 1/4 lying N of Radatz Ave (subj to rd) in 2 -29 -22
14. 57 00210 470 50 - Unplatted Lands; S 60 ft of the North 390 ft of E 100 ft of
W 750 ft of part of SW 1/4 lying N of Radatz (subj to Rd) in 2 -29 -22
15. 57 00210 590 50 - Unplatted Lands; the S 60 ft of N 390 ft of E 100 ft of W
650 ft of part of SW 1/4 lying N of Radatz Ave (subj to Rd) in 2 -29 -22
16. 57 00210 610 50 - Unplatted Lands; the S 60 ft of N 390 ft of E 100 ft of W
550 ft of part of SW 1/4 lying N of Radatz Ave (subj to Rd) in 2 -29 -22
17. 57 00210 640 50 - Unplatted Lands; Ex N 330 ft; the N 60 ft of the E 100 ft
of W 450 ft of part of SW 1/4 lying N of Radatz Avenue in 2 -29 -22
18. 57 00210 650 50 - Unplatted Lands; the S 60 ft of the N 390 ft of the E 100
ft of W 350 ft of part of SW 1/4 lying N of Radatz Avenue (subj to rd) in 2 -29 -22
19. 57 00210 580 50 - Unplatted Lands: the S 60 ft of the N 390 ft of the E 100
ft of W 250 ft of SW (subj to rd) in 2 -29 -22
20. 57 00210 440 50 - Unplatted Lands; the S 60 ft of the N 390 ft of the W 150
ft of part of SW 1/4 lying N of Radatz Avenue (subj to rds) in 2 -29 -22
Seconded by Councilman Anderson. Ayes - all.
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j. Mayor Greavu moved that Council_ initiate a hearing to rezone the North side
of Radatz Avenue from Southlawn Avenue to White Bear Avenue from R -1 to B -C(M).
Seconded by Councilman Murdock. Ayes - Mayor Greavu, Councilmen Anderson,
Murdock and Nelson.
Nays - Councilman Wiegert.
Motion carried.
Mayor Greavu recessed the meeting at 8:07 P.M. to convene as the Maplewood Board
of Adjustments and Appeals.
Mayor Greavu reconvened the meeting at 8:19 P.M.
AWARD OF BIDS
1. Communications recording Equipment
a. Manager Evans presented the staff report and recommended:
1. That the estimated revenues and expenditures be increased by $8,700
in the respective budget;
2. That a budget transfer of $8,500 be made from the paramedic vehicle capitol
outlay account to finance $1,000 of estimated phone line costs and the re-
maining $4,800 to purchase the recording system;
3. That the bid award be made to the low bidder, Dictaphone Corporation.
b. Councilman Murdock moved to approve the necessary budget transfers as recommend-
ed and introduced the following resolution and moved its adoption:
79 -6 -130
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
the Dictaphone Corporation in the amount of $19,143.10 is the lowest responsible
bid for the purchase of public safety recording system and the Mayor and Clerk are
hereby authorized and directed to enter into a contract with said bidder for and
on behalf of the City.
Seconded by Councilman Wiegert. Ayes - all.
2. Ambulance Vans
a. Manager Evans presented the staff report and recommended:
1. That the respective budget be adjusted to increase estimated revenue and
expenditures by $16,000 from the Federal grant revenue;
2. Award of bid for the purchase of the two paramedic van units to Road Rescue,
Inc.
b. Councilman Anderson moved to adjust the b
the following resolution and moved its adopti
79 -6 -131
as recommended and
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Road Rescue, Inc, in the amount of $37,468.00 is the lowest responsible bid for
the purchase of two paramedic van units, and the Mayor and Clerk are hereby author-
-7- 6/7
ized and directed to enter into a contract with said bidder for and on behalf
of the City.
Seconded by Councilman Wiegert. Ayes - all.
3. Project 77 -12 - Maryland Avenue Improvements
a. Manager Evans stated in conjunction with the Maryland, Sterling, Ferndale
Improvements, the Williams Pipe Line must be relocated to allow clearance for street
construction. The Pipe Line Company will contract for the relocation work separate-
ly and be reimbersed by the City. The initial cost estimate of $35,000 provided
by the company is now $72,067.
The City Attorney has reviewed and approved the agreement as to form.
It is recommended that the City Council approve the agreement so the pipe line
relocation can proceed as soon as possible.
b. Manager Evans presented the tabulation of the bid opening for Improvement
77 -12. It is recommended the bid be awarded to C.S. McCrossan, Inc., in the
amount of $1,323,108.95.
C. Councilman Anderson moved to approve the agreement with the Williams Pipe
Line as recommended in the staff report.
Seconded by Councilman Wiegert. Ayes - Mayor Greavu, Councilmen Anderson,
Nelson and Wiegert.
Nays - Councilman Murdock.
Motion carried.
d. Councilman Murdock introduced the following resolution and moved its adoption:
79 -6 -132
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
C.S. McCrossan, Inc. in the amount of $1,323,108.95 is the lowest responsible
bidder for the construction of Improvement 77 -12 and the Mayor and Clerk are hereby
authorized and directed to enter into a contract with said bidder for and on be-
half of the City.
Seconded by Councilman Wiegert. Ayes - all.
4. Project 79 -6 - Diseased Shade Tree Removal
a. Manager Evans stated bids for the removal of diseased shade trees were opened
on May 22, 1979. A tabulation of bids was presented.
The low bid is submitted by Clark Landscaping in the amount of $91,675.60. Staff
has reviewed the references submitted with the bid and found that the contractor's
performance has been satisfactory. The contract total is based on a unit price for
removal for an estimated number of trees according to size catagories. The bid
represents an average price per inch of $4.32; which compares with a 1977 and 1978
bid price of $4.69 and $4.41.
It is recommended that the contract be awarded to the low bidder, Clark Landscaping
of Columbia Heights, Minnesota.
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b. Councilman Anderson introduced the following resolution and moved its adoption:
79 -6 -133
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Clark Landscaping in the amount of $91,675.60 is the lowest responsible bid for
the Diseased Shade Tree Removal Program 79 -6 and the Mayor and Clerk are hereby
authorized and directed to enter into a contract with said bidder for and on be-
half of the City.
Seconded by Councilman Nelson. Ayes - all.
H. UNFINISHED BUSINESS
1. Zoning Amendment: Parking Spaces - Second Reading
a. Manager Evans presented staff report.
b. Councilman Wiegert introduced the following ordinance and moved its adoption:
Ordinance No.470
An Ordinance Amending Section
912 Of The Maplewood Code
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 912.160 is hereby amended to read as follows:
912.160 Parking Space
5. Theater, auditoriums, churches or other place of public assemblage: a
minimum of one space for every four (4) seats: Schools must have minimum of one
(1) space for every twenty auditorium seats.
7. Manufacturing and warehouse establishments: One (1) space for each two
(2) employees. Off street parking facilities existing at the effective date of
this ordinance shall not subsequently be reduced to an amount less that that re-
quired under this ordinance for a similar new building or use. Off- street parking
facilities provided to comply with the provisions of this ordinance shall not sub-
sequently be reduced below the requirements of this ordinance. Nothing herein shall
be construed to alter or amend any provision for off - street parking contained in
Section 908 for general SC, Shopping Center Districts.
Section 2. This ordinance shall take effect and be in force after its passage
and publication.
Seconded by Councilman Anderson. Ayes - all.
2. Plan Review: Big Ben /Pizza Hut Restaurants
a. Manager Evans presented the staff report and further stated that unless Homart
can present a workable solution regarding parking, staff recommends that Council
deny the proposed plan, require the construction of the proposed theater parking,
and allow only one restaurant on the site, on the basis that:
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1. The Plan is not consistent with Council action of December 7, 1978;
2. The plan would reduce the parking for the theater below that required in the
new ordinance;
3. The plan would increase the existing traffic congestion to the point of caus-
ing a public safety hazard.
b. Mr. Bob Johnson, Homart Development Company, spoke on behalf of the proposal.
He stated Homart will provide fire lanes.
c. Mayor Greavu moved to approve the building and site plans for Big Ben and
Pizza Hut, subject to the following conditions:
1. Compliance with parking code. Stalls shall measure 10 x 20 feet in size;
2. The Pizza Hut trash enclosure shall be totally enclosed structure of mason-
ry material, stand at least five feet tall, and be of a material and color
compatible with the building;
3. If Big Ben should choose, at a later date to have outdoor trash storage,
a trash enclosure shall be required and will be subject to staff review;
4. The landscaping plan shall be resubmitted for Board review providing for
plantings along the easterly lot line, additional plantings along the
Woodlyn Avenue and ring road frontages, and adjacent to the buildings;
5. The applicant shall provide the City with a letter from Homart Development
approving access and utility connections;
6. Drainage and utility connections shall be subject to review and approval
by the City Engineer;
7. Security lighting shall be provided and shall not cause any undue glare
onto adjacent properties or roadways;
8. There shall be a continous concrete curb provided around the entire parking
lot;
9. Homart shall install, within 30 days, fire lane signs with additional
information that cars will be towed away. Also a sign be installed in-
dicating where additional parking is available;
10. Owner and applicant agree to the above conditions in writing.
Seconded by Councilman Anderson. Ayes - all.
3. Commercial Revenue Note - Wendy's Restaurant
a. Manager Evans stated last October, an application was submitted for financing
the construction of a Wendy's Restaurant by a commercial revenue note. The Council
indicated its intent to authorize this financing by adoption of a resolution which
gave preliminary approval to the project. In order to complete the financing of
this project, a final resolution must be adopted which will authorize issuance of
a commercial revenue note.
Background
October 12, 1978 - Developer signed an agreement to pay all costs involved in the
issuance of a note to finance the project.
October 19, 1978 - Council adopted a resolution giving preliminary approval to the
project and authorized an application for approval of the pro-
ject by the State Commissioner of Securities.
February 1, 1979
- Project approved
by
the State Commissioner of Securities.
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10
- 6/7
Recommendation
Adoption of the proposed resolution which will authorize the issuance of a commer-
cial revenue note to finance the project.
b. Councilman Murdock introduced the following resolution and moved its
79 - 6 - 134
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
foloows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
101. 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 Agree-
ment 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.
(1) Act: the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Chapter 474, as amended;
(2) Assignment of Guaranty of Lease: the Assignment of Guaranty of Lease to
be executed by Borrower in favor of the Bank pursuant to which the Borrower assigns
all of its right, title and interest in and to the Guaranty of Lease to the Lender
to secure payment of the Note and interest thereon;
(3) Assignment of Leases and Rents: 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;
(4) Assignment of the Loan Agreement: the agreement to be executed by the
City and the Lender assigning the Loan Agreement to the Lender;
(5) Bond Counsel: the firm of Briggs and Morgan, Professional Association, of
St. Paul, Minnesota, and any opinion of Bond Counsel shall be a written opinion
signed by such Counsel;
(6) Borrower: MHN Restaurant, Partnership, a Minnesota general partnership
consisting of Richard J. Nordlund, George Halvorson, and Gerald C. Mogren, its
succissors and permitted assings, and any surviving, resulting or transferee
business entity which may assume its obligations under the Loan Agreement;
(7) City: The City of Maplewood, Minnesota, its successors and assigns;
(8) Disbursing Agreement: the agreement to be executed by the City, the Bor-
rower and the Lender, relating to disbursement of the Note proceeds in payment of
Project Costs;
(9) Guaranty: The Personal Guaranty of Payment of even date herewith executed
by Richard J. Nordlund, George Halvorson and Gerald C. Mogren;
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(10) Guaranty of Lease: the Guaranty of Lease to be executed by the Guaran-
tors in favor of the Borrower pursuant to which the Guarantors guaranty the payment
and performance obligations of the Tenant under the Lease;
(11) Improvements: the structures and other improvements, including any tang-
ible personal property, constructed or installed by the Borrower on the Land in
accordance with the Plans and Specifications;
(12) Land: the real property and any other easements and rights described
in Exhibit A attached to the Loan Agreement;
(13) Lease: the lease of the Project dated January 30, 1979, from the Borrower,
as lessor, to the Tenant, as lessee;
(14) Lender: Hillcrest Mid America State Bank of Maplewood, Maplewood, Minn-
esota, its successors and assigns;
(15) 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;
(16) Mortgage: the Mortgage, Security Agreement and Fixture Financing State-
ment to be executed by the Borrower as mortgagor, to the Lender, as mortgagee,
securing payment of the Note and interest thereon;
(17) Note: the $350,000 Commercial Development Revenue Note of 1979 (MHN
Restaurant Project), to be issued by the City pursuant to this Resolution and the
Loan Agreement;
(18) Note Register: the records kept by the City Clerk to provide for the
registration of transfer of ownership of the Note;
(19) Plans and Specifications: the final plans and specifications pursuant
to which the Improvements on the Land have been constructed and installed, which
have been approved by the Lender, together with such modifications thereof and
additions thereto which are reasonably determined by the Borrower to be necessary
or desirable for the completion of the Improvements and are approved by the Lender;
(20) Principal Balance: so much of the principal sum on the Note has been
advanced to or for the benefit of the City that remains unpaid;
(21) Project: the Land and Improvements as they may at any time exist;
(22) Project Costs: the total of all "Construction Costs" and "Loan and
Carrying Charges," as those terms are defined in the Loan Agreement;
(23) Resolution: this Resolution of the City adopted June 7, 1979, together
with any supplement or amendment thereto; and 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;
- 12 - 6/7
(24) Subordination Agreement: the Subordination Agreement to be executed by
the Tenant in favor of the Lender pursuant to which the Tenant has subordinated
its interest in the Project to the interest of the Lender in the Project under the
Mortgage.
1 -2. Legal Authorization.
The City is a political subdivision of the State of Minnesota and is author-
ized under the Act to initiate the revenue producing porject herein referred to,
and to issue and sell bonds in the form of a single debt instrument such as 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 with the Borrower and which will be of
the character and accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the Loan Agreement, the
Assignment of Loan Agreement the Note and the Disbursing Agreement, specifying
the terms and conditions of the acquisition, installation, construction and finan-
cing of the Improvements;
(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, encour-
agement and development of economically sound commerce; the development of revenue
producing enterprises to use the available resources of the community, in order to
retain the benefit of the service facilities; 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 finance the Project Costs, includ-
ing 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 $350,000 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 financing the Improvements;
(6) the Note and the interest accruing thereon do not constitute an indebted-
ness 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
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(7) The Note is an industrial development bond within the meaning of Section
103 (b) of the Internal Revenue Code and is to be issued within the exemption
provided under subparagraph (A) of Section 103 (b) (6) of the Code with respect
to an issue of $1,000,000 or less; provided that nothing herein shall prevent the
City from hereafter qualifying the Note under a different exemption if, and to the
extent, such exemption is permitted by law and consistent with the object and pur-
poses of the Project.
1 -4. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize the Borrower, in accord-
ance with the provisions of Section 474.03(6) of the Act and subject to the terms
and conditions set forth in the Disbursing Agreement, to provide for the construct-
ion and installation of the Improvements 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 con-
struction 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 Specif-
ications. -
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 fur-
ther provisions of this Article; and the total principal amount of the Note that
may be outstanding hereunder is expressly limited to $350,000 unless a duplicate
Note is issued pursuant to Section 2 -7. Said Note shall be in substantially the
following form:
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1979
(MHN Restaurant Project)
$350,000.00
For Value Received the City of Maplewood, Ramsey County, Minnesota, (the "City ")
hereby promises to pay to the order of HILLCREST MID AMERICA STATE BANK OF MAPLEWOOD,
Maplewood, Minnesota, its successors or registered assigns, (the "Lender "), from
the source and in the manner hereinafter provided, the principal sum of THREE HUN -
DRED FIFTY THOUSAND AND N0 1100 DOLLARS ($350,000.00), or so much thereof as remains
unpaid from time to time (the "Principal Balance "), with interest thereon at the
rate of eight and one -half percent (8 1/2%) per annum, 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, and in accordance with the terms hereinafter
set forth.
- 14 6/7
1. (a) This Note shall be amortized and paid in two hundred forty (240)
consecutive monthly installments of THREE THOUSAND THIRTY- EIGH ^I AND NO /100 DOLLARS
$3,038.00), commencing on July 15, 1979 and on the 15th day of each and every month
thereafter to and including June 15, 1999 (the "Final Maturity Date ") when any
principal remaining unpaid and accrued interest thereon shall become due and pay-
able. Payments shall be applied first to interest due on the Principal Balance
and thereafter to reduction of the Principal Balance.
(b) If the interest on this Note should become subject to federal or
Minnesota state income taxation pursuant to a "Determination of Taxability" as that
term is defined in Section 4.07 of the Loan Agreement, hereinafter referred to,
and the Lender chooses not to declare the entire Principal Balance and accrued
interest immediately due and payable pursuant to paragraph 8 hereof, the interest
rate shall be immediately increased, and thereafter be equal, to eleven percent
(11 %) per annum, and each monthly installment thereafter payable shall be accord-
ingly adjusted and shall be equal to the amount necessary to amortize the remaining
Principal Balance by the Final Maturity Date, and accrued interest at said increased
rate shall be payable monthly; and, in addition, the Lender shall be entitled to
receive an amount equal to the aggregate difference between (i) the monthly pay-
ments theretofore made to the Lender on this Note between the date of receipt of
such notice by the Lender and the "Date of Taxability" (as that term is defined in
the said Loan Agreement) and the effective date of the rate increase and (ii) the
monthly payments which would have been made during such period if the said increased
rate had been in effect throughout such period; all is provided in Section 4.07 of
the said Loan Agreement.
2. 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 penalty or premium due hereunder shall
be payable at the principal office of the Lender, or at such other place as the
Lender may designate in writing.
4. This Note is issued by the City to provide funds for a Project, as de-
fined in Section 474.02, Subdivision l(a), Minnesota Statutes, consisting of a
restaurant to be constructed on real estate located within the City pursuant to a
Loan Agreement, of even date herewith, between the City and MIN Restaurant Partner-
ship, a Minnesota general partnership (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 resolution of the City Council duly adopted on June 7, 1979 (the
"Resolution ").
5. This Note is secured by an Assignment of the Loan Agreement of even
date herewith by the City to the Lender, a Mortgage, Security Agreement and Fixture
Financing Statement of even date herewith between the Borrower, as mortgagor, and
the Lender, as mortgagee (the "Mortgage "), an Assignment of Leases and Rents of
even date herewith from the Borrower to the Lender (the "Assignment of Leases and
Rents "), a Guaranty of Lease of even date herewith from Jack Chabot and Peter T.
Cook to the Borrower (the "Guaranty "), a Personal Guaranty of even date herewith
by the General Partners of the Borrower (the "Personal Guaranty "), and an Assignment
of Guaranty of Lease of even date herewith by the Borrower to the Lender (the
"Assignment of Guaranty of Lease "). The disbursement of the proceeds of the
loan covered by this Note is subject to the terms and conditions of a Disbursing
Agreement of even date herewith between the Lender, the City and the Borrower (the
"Disbursing Agreement ").
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6. The Lender may extend the times of payments of interest and /or principal
of or any penalty or permium due on this Note, including the date of the Final
Maturity Date, without notice to or consent of any party liable hereon and without
releasing any such party. However, in no event may the Final Maturity Date be
extended beyond thirty years from the date hereof.
7. This Note may be prepaid at any time, either in whole or in part, on
the date of any installment of principal and interest due hereunder, upon payment
of a premium of five percent (5%) of the amount of principal prepaid in excess of
Thirty Five Thousand Dollars ($35,000) per calendar year on a non - cumulative basis.
The Lender shall apply any such prepayment, first, against the prepayment premium,
if any, next, to accrued interest and, lastly, against installments of principal
due under this Note in the inverse order of their maturity.
8. This Note is further subject to prepayment, without a premium, in whole
or in part, upon the occurrence of certain events of damage, destruction or condem-
nation to the property secured by the Mortgage, or, at the option of the Lender
as set forth in paragraph 1)b) hereof, in whoe, but not in part, upon the Borrower
receiving notice from the Lender that the interest on the Note is subject to federal
or Minnesota state income taxation pursuant to a "Determination of Taxability,"
all as specified in the Loan Agreement and the Resolution.
9. The monthly payments due pursuant to paragraph 1 hereof shall continue
until the entire Principal Balance and accrued interest due htereon has been paid,
regardless of any partial payment made thereunder.
10. As provided in the Resolution and subject to certain limitations set
forth therein, this Note is transferable upon the books of the City at the office
of the City Clerk, by the Lender in person or by his agent duly authorized in
writing, at the Lender's expense, upon surrender hereof together with a written
instrument of transfer satisfactory to the City Clerk, duly executed by the Lender
or his duly authorized agent. Upon such transfer the City Clerk will note the date
of registration and the name and address of the new registered Lender in the regis-
tration blank appearing below. The City may deem and treat the person in whose
name such registration noted on the Note, as the absolute owner hereof, whether or
not overdue, for the purpose of receiving payment of or on account of the Principal
Balance, redemption price or interest and for all other purposes, and all such
payments so made to the Lender or upon his order shall be valid and effectual to
satisfy and discharge the liability upon the Note to the extent of the sum or sums
so paid, and the City shall not be affected by any notice to the contrary.
11. All of the agreements, conditions, convenants, provisions and stip-
ulations contained in the Resolution, the Mortgage, the Assignment of Leases and
Rents, the Guaranty of Lease, the Loan Agreement and the Disbursing Agreement are
hereby made a part of this Note to the same extent and with the same force and
effect as if they were fully set forth herein.
12. This Note and interest thereon and any penalty or premium due here-
under are payable solely from the revenues and proceeds derived from the Loan
Agreement, the Mortgage and the Assignment of Leases and Rents, the Guaranty of
Lease, and do not constitute a debt of the City within the meaning of any con -
stitutional 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 nor, 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 thereon, or to enforce
- 16 - 6/7
payment thereof against any property of the City, and this Note does not constitute
a charge, lien or encumbrance, legal or equitable, upon 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 avail-
ability 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 enforce-
ment thereof.
13. It is agreed that time is of the essence of this Note. In the event
of failure by the City to pay any monthly installment of principal or interest on
or before the due date, or any premium or penalty due hereunder, or if an Event
of Default shall occur, as defined in the Mortgage, the Assignment of Leases and
Rents, the Disbursing Agreement or the Loan Agreement, then the Lender shall have
the right and option to declare the Principal Balance and accrued interest thereon,
immediately due and payable. Failure to exercise such option at any time shall not
constitute a waiver of the right to exercise the same at any subsequent time.
14. The remedies of the Lender, as provided herein and in the Mortgage, the
Assignment of Leases and Rents, the Guaranty of Lease, the Personal Guaranty, the
Assignment of Guaranty of Lease, the Loan Agreement and the Disbursing Agreement,
are not exclusive and shall be cumulative and concurrent and may be pursued singly,
successively or together, at the sole discretion of the Lender, and may be exercised
as often as occasion therefor shall occur; and the failure to exercise any such
right or remedy shall in no event be construed as a waiver or release thereof.
15. The Lender shall not be deemed, by any act of omission or commission,
to have waived any of its rights or remedies hereunder unless such waiver is in
writing and signed by the 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.
16. 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 applicable registration requirements or an applicable exemption
from such registration requirements.
17. The City hereby waives presentment, demand, protest and notices or
protest and dishonor.
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 the corporate
seal to be affixed hereto, and has caused this Note to be dated June 7, 1979.
CITY OF MAPELWOOD, MINNESOTA
/s/ John Greavu
Mayor
Countersigned /s/ Lucille Aurelius
City Clerk
- 17 - 6/7
Seconded by Mayor Greavu. Ayes - all.
4. Zoning Amendment - R -2 Minimum Lot Sizes - Second Reading
a. Manager Evans presented the staff report.
b. Mrs. Marilyn Vars, 1140 Beam Avenue, spoke in objection to the proposed ord-
inance amendment.
c. Mayor Greavu moved to table until Council meets with the Planning Commission
and H.R.A. on June 28, 1979.
Seconded by Councilman Anderson. Ayes - all.
I. VISITOR PRESENTATIONS
1. Mr. Mark Peterson
a. Mr. Peterson has a lot on Harvester which has had drainage problems. He had
been refused a building permit some time ago and wishes to reapply, but does not
wish to go through the necessary procedures.
b. Council instructed Mr. Peterson to submit 2 sets of house plans, plus make out
an application for building permit and then contact Director of Public Works Bittner.
2. Mrs. Marilyn Vars, 1140 Beam Avenue
a. Mrs. Vars stated the owner of the property at the west end of Beam Avenue
on the north side, has been removing large quantities of dirt. The engineering
department is aware of the problem. She requested the problem be solved.
b. Referred to staff.
J. NEW BUSINESS
1. Authorization to Sell Bonds
a. Manager Evans presented the staff report and stated it is recommended that the
Council:
1. Adopt the proposed resolution providing for the sale of $3,420,000 temporary
bonds;
2. Adopt the proposed resolution providing for the sale of $825,000 permanent
improvement bonds;
3. Adopt the proposed resolution providing for the sale of $191,000 water revenue
bonds;
4. Approve the proposed joint powers agreement which provides terms for the billing
of the water surcharge and provides reimbursement to Maplewood for the un-
depreciated value of Well No. 5 in case the water service contract is terminated.
b. Mayor Greavu introduced the following resolution and moved its adoption:
(Temporary bonds)
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79 -6 -135
RESOLUTION PROVIDING FOR PUBLIC SALE
OF $3,420,000 GENERAL OBLIGATION
TEMPORARY IMPROVEMENT BONDS OF 1979
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
1. It is hereby found, determined and declared that this City should issue
$3,420,000 General Obligation Temporary Improvement Bonds of 1979 to defray the
expense of various improvements in the City.
2. This Council shall meet at the time and place specified in the form of
notice hereinafter contained for the purpose of opening and considering sealed bids
for, and awarding the sale of $3,420,000 General Obligation Temporary Improvement
Bonds of 1979 of said City.
3. The City Clerk is hereby authorized and directed to cause notice of the
time, place and purpose of said meeting to be published in the official newspaper
of the City and in Commercial West not less than ten days in advance of date of
sale, as provided by law, which notice shall be in substantially the following
form:
NOTICE OF
BOND SALE
$3,420,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT
BONDS OF 1979
CITY OF MAPELWOOD
RAMSEY COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the
following terms:
TIME AND PLACE:
Bids will be opened Thursday, July 19, 1979
at 3:00 o'clock p.m. at the office of Juran
& Moody, Inc, and award will be at the City
Hall in Maplewood, Minnesota at 7:30 p.m.
the same day.
TYPE OF BONDS:
Negotiable coupon general obligation bonds
in the denomination of $5,000.
DATE OF BONDS:
August 1, 1979.
PURPOSE:
To defray the expense of various improvements
in the City.
INTEREST PAYMENTS:
August 1, 1980, and semi - annually thereafter
February 1 and August 1.
MATURITY:
August 1, 1982.
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REDEMPTION:
PAYING AGENT:
CUSIP NUMBERS:
DELIVERY:
TYPE OF BID:
RATES:
At the option of the issuer, all bonds shall
be subject to prior payment, in inverse order
of serial numbers, on August 1, 1980 and any
interest payment date thereafter, at a price
of par and accrued interest.
Bidder's discretion.
It is anticipated the CUSIP numbers will be
printed on said bonds, but neither the
failure to print such numbers on any bond
nor any error with respect thereto shall
constitute cause for a failure or refusal by
the purchaser thereof to accept delivery of
and pay for said bonds in accordance with
terms of the purchase conract.
Forty days after award subject to approving
legal opinion of Briggs and Morgan, Pro-
fessional Association, of St. Paul, Minnesota.
Bond printing and legal opinion will be paid
by issuer and delivery will be anywhere in
the continental United States without cost
to the purchaser. Legal opinion will be
printed on the bonds at the request of the
successful bidder.
Sealed bids of not less than $3,364,470 and
accrued interest on the principal sum of
$3,420,000 from date of bonds to date of
delivery must be filed with the undersigned
prior to the time of sale. Bids must be
unconditional except as to legality. A
certified or cashier's check in the amount of
$68,400, payable to the order of the Treas-
urer of the issuer must accompany each bid,
to be forfeited as liquidated damages if
bidder fails to comply with accepted bid.
Bids for the bonds should be addressed to:
Mrs. Lucille E. Aurelius
1:it3U Frost Avenue
City Hall
Maplewood, Minnesota 55109
All rates must be in integral multiples of
1 /20th or 1 /9th of 1% and may not exceed
7% per annum. Additional interest coupons
may not be used. All bonds of the same
maturity must bear a single uniform rate from
date of issue to maturity and no rate of any
maturity may be lower than the highest rate
applicable to bonds of any preceding matur-
ities. No limitation is placed upon the
number of rates which may be used.
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6/7
AWARD: Award will be made solely on the basis of
lowest dollar interest cost, determined by
addition of any discount to the total inter-
est on all bonds from their date to their
stated maturity. The net effective average
rate of the issue may not exceed 7% per
annum.
The Issuer reserves the right to reject any and all bids, to waive informalities
and to adjourn the sale.
Dated: Une 7, 1979
BY ORDER OF THE CITY COUNCIL
/s/ Lucille Aurelius
City Clerk
Additional information may be
obtained from:
SURAN & MOODY, INC.
114 East Seventh Street
St. Paul, Minnesota 55101
Telephone No. 612 -298 -1524
Seconded by Councilman Wiegert. Ayes - all.
c. Mayor Greavu introduced the following resolution and moved its adoption:
(General Permanent bonds)
79 -6 -136
RESOLUTION PROVIDING FOR PUBLIC SALE
OF $825,000 GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1979
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
1. It is hereby found, determined and declared that this City should issue
$825,000 General Obligation Improvement Bonds of 1979 to defray the expense of
various improvements.
2. This Council shall meet at the time and place specified in the form of
notice hereinafter contained for the purpose of opening and considering sealed bids
for, and awarding the sale of $825,000 General Obligation Improvement Bonds of 1979
of said City.
3. The City Clerk is hereby authorized and directed to cause notice of the
time, place and purpose of said meeting to be published in the official newspaper
of the City and in Commercial West not less than ten days in advance of date of
sale, as provided by law, which notice shall be in substantially the following
form:
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NOTICE OF
BOND SALE
$825,000
GENERAL OBLIGATION IMPROVEMENT BONDS
OF 1979
CITY OF MAPLEWOOD
RAMSEY COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the
following terms:
TIME AND PLACE:
TYPE OF BONDS:
DATE OF BONDS:
PURPOSE:
INTEREST PAYMENTS:
MATURITIES:
REDEMPTION:
PAYING AGENT:
Bids will be opened Thursday, July 19, 1979
at 3:00 p.m, at the office of Juran & Moody,
Inc, and award will be at the City Hall in
Maplewood, Minnesota, at 7:30 p.m. the same
day.
Negotiable coupon general obligation bonds,
in the denomination of $5,000.
August 1, 1979.
To defray the expense of various improvements
in the City.
August 1, 1980, and semi- annually thereafter
on February 1 and August 1.
August 1 in each of the years and amounts
as follows:
1980
$35,000
1981 -1984
$40,000
1985
$30,000
1986 -1988
$35,000
1989
$40,000
1990
$55,000
1991
$40,000
1992
$30,000
1993
$40,000
1994 -1996
$45,000
1997 -1998
$50,000
1999
$55,000
All bonds shall be
without option of prior
payment. All dates
are inclusive.
At the option of the issuer, bonds maturing
on or after August 1, 1989 shall be subject
to prior payment, in inverse order of serial
numbers, on August 1, 1988 and any interest
payment date thereafter, at a price of par
and accrued interest.
Bidder's discretion.
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CUSIP NUMBERS:
DELIVERY:
TYPE OF BID:
RATES:
AWARD:
It is anticipated that CUSIP numbers will be
printed on said bonds, but neither the fail-
ure to print such numbers on any bond nor
any error with respect thereto shall con-
stitute cause for a failure or refusal by
the purchaser thereof to accept delivery of
and pay for said bonds in accordance with
terms of the purchase contract.
Forty days after award subject to approving
legal opinion of Briggs and Morgan, Profess-
ional Association, of St. Paul, Minnesota.
Bond printing and legal opinion will be paid
by issuer and delivery will be anywhere in
the continental United States without cost
to the purchaser. Legal opinion will be
printed on the bonds at the request of the
successful bidder.
Sealed bids of not less that $808,847 and
accrued interest on the principal sum of
$825,000 from date of bonds to date of del-
ivery must be filed with the undersigned
prior to the time of sale. Bids must be
unconditional except as to legality. A
certified or cashier's check in the amount
of $16,500, payable to the order of the
Treasurer of the issuer must accompany each
bid, to be forfeited as liquidated damages
if bidder fails to comply with accepted
bid. Bids for the bonds should be addressed
to:
Mrs. Lucille E. Aurelius
City Clerk
1380 Frost Avenue
City Hall
Maplewood, Minnesota 55109
All rates must be in intergral multiples of
1 /20th or 1 /8th of 1% and may not exceed
7% per annum. Additional interest coupons
may not be used. All bonds of the same
maturity must bear a single uniform rate from
date of issue to maturity and no rate of any
maturity may be lower than the highest rate
applicable to bonds of any preceding matur-
ities. No limitation is placed upon the
number of rates which may be used.
Award will be made solely on the basis of
lowest dollar interest cost, determined by
addition of any discount to the total inter-
est on ball bonds from their date to their
stated maturity. The net effective average
rate of the issue may not exceed 7% per annum.
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6/7
The Issuer reserves the right to reject any and all bids, to waive informalities
and to adjourn the sale.
Dated June 7, 1979
BY ORDER OF THE CITY COUNCIL
/s/ Lucille Aurelius
City Clerk
Additional information may be
obtained from:
Juran & Moody, Inc.
114 East Seventh Street
St. Paul, Minnesota 55101
Telephone No. 612 - 298 -1524
Seconded by Councilman Wiegert. Ayes - all.
2. Temporary Mobile Home Permit: English Street - ArMon
a. Manager Evans presented the staff report recommending approval of a 30 foot
setback for the temporary mobile home from the street right of way.
b. Mr. James Arrigoni, Sales Manager for ArMon Properties, spoke on behalf of the
request.
c. Councilman Anderson moved to approve the 30 foot setback for the temporary
mobile home from the street right of way as requested by ArMon Properties.
Seconded by Councilman Murdock. Ayes - all.
3. Special Exception - 2360 County Road D - Robinson
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner ICishal moved that the Planning Commission recommend to the City
Council approval of the proposal special exception for a dog grooming salon and
private kennel, subject to the following conditions:
1. The special exception shall be issued for one year. The permit may be renewed
if the use has been compatible with the neighborhood.
2. The home occupation permit will become null and void if the applicant ceases
to reside at 2360 E. County Road D.
3. No public boarding of dogs shall be allowed.
4. The applicant shall obtain a license from the City to operate the private
kennel.
5. Owner and applicant agree to the above conditions in writing.
Commissioner Fischer seconded.
- 24 - 6/7
Commissioner Barrett moved an amendment to include another condition. ,6. If
the operation becomes a nuisance the license be revoked.
Commissioner Fischer seconded. Ayes 6 - Nays 1 (Commissioner Kent)
Voting on the motion as amended: Ayes 5 - Nays 2 (Commissioner Prew & Kent)"
c. The applicant did not attend the meeting.
d. The following neighbors spoke objecting to the proposal:
1. Mrs. Nellie Minnichsoffer, 2354 E. County Road D, also presented a
petition signed by 14 neighbors opposing the proposal;
2. Mr. Tony Vruno, 2370 Gall Avenue;
3. Mr. Clyde Jones, 2360 Gall Avenue;
4. Mr. Fred Doehne, 2348 Gall Avenue.
e. Councilman Anderson moved to deny the request of Gregory Robinson for a special
exception to operate a dog grooming business at 2360 E. County Road D.
Seconded by Councilman Murdock. Ayes - all.
4. Special Exception - 1938 -40 Clarence Street
a. Manager Evans presented the staff report recommending approval subject to:
1. The provision of a drive for off - street parking on the site;
2. No parking on the City's lot between the hours of 8:00 A.M. to 5:00 P.M.
Monday through Friday;
3. The use of the Gladstone House Parking lot, with written permission from
the owner;
4. The provision of two legal exits out of the basement;
5. Compliance with the State Building Code. Some of the requirements include:
a. Two exits from the basement;
b. Walls, ceiling and doors constructed of one hour fire resistant material;
c. Proper exit lighting.
6. Inspection and approval by the Fire Marshal.
7. No street parking;
8. The special exception shall be issued for a one year period. After one
year Council may review the use for possible problems. If none exist, the
permit may be renewed.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Sherburne moved the Planning Commission recommend to the City Council
approval of the special exception based on staff analysis and subject to:
1. The provision of drive for four off - street parking spaces on the site.
2. No parking on the City's lot between the hours of 8:00 a.m. to 5:00 p.m.
Monday through Fiiday.
3. The provision of two legal exits out of the basement.
4. Compliance with the State Building Code. Some of the requirements include:
a. Two exits from the basement;
b. Walls, ceiling and doors constructed of one hour fire resistant material.
c. Proper exit lighting.
- 25 - 6/7
5. Inspection and approval by the Fire Marshal.
6. The special exception shall be issued for a one year period. After one year,
the Council may review the use for possible problems. If none exist, the permit
may be renewed.
Commissioner Howard seconded. Ayes all."
c. Councilman Wiegert moved to approve the special exception for 1938 -40 Clarence
Street to operate a dance studio in the basement of a duplex subject to the
following conditions:
1. The provision of a drive for four off street parking spaces on the site;
2. The provision of two legal exits out of the basement;
3. Compliance with the State Building Code. Some of those requirements
include:
a. Two exits from the basement;
b. Walls, ceiling and doors constructed of one hour fire resistant mater-
ial;
C. Proper exit lighting.
4. Inspection and approval by the Fire Marshal;
5. The special exception shall be issued for a one year period. After one
year, Council may review the use for possible problems. If none exist
the permit may be renewed.
Seconded by Mayor Greavu. Ayes - all.
5. Vista Hills Park - Purchase
a. Manager Evans presented the staff report recommending the following:
1. The City Council should authorize the City Attorney to begin negotiations
to purchase this property;
2. This be sent to the Planning Commission for their review of the land use
plan;
3. That the Vista Hills Park Funds be used to pay for the land cost estimated
to be $81,960.00. A project budget be set up;
4. If a deal is made, the City will cancel the special assessments from
Mailand Road estimated to be $38,400.24;
5. Authorize a $1,000 check be sent to the Lais, Bannigan & Ciresi P.A. Trust
Account to act as ernest money to bind the contract.
6. If an agreement can be reached the contract will come back to the Council
for final approval.
b. Councilman Wiegert moved to authorize staff to negotiate for the purchase of
Vista Hills Park property and authorize the following:
1. The City Council authorize the City Attorney to begin negotiations
to purchase this property;
2. This be sent to the Planning Commission for their review of the land use
plan;
3. That the Vista Hills Park Funds be used to pay for the land cost estimated
to be $81,960.00. A project budget be set up;
4. Cancel the special assessment if reimbursement of sinking fund can be made
fwom the Park Availability Charge; - .
- 26 - 6/7
5. Authorize a $1,000 check be sent to the Lais, Hannigan & Ciresi P.A. Trust
account to act as ernest money to bind the contract;
6. If an agreement can be reached the contract will come back to the Council
for final approval;
7. Invesitgate the feasibility of homes on Hillwood where appropriate.
Seconded by Councilman Wiegert. Ayes - all.
6. Trail Grant - Nature Center
a. Manager Evans presented the staff report and recommended the City Council
authorize staff to amend the current grant contract for the Nature Center by
$15,000. That 1979 Commercial Park Funds be used as our 50% matching share.
b. Councilman Wiegert moved to authorize staff to amend the grant contract for
the Nature Center by $15,000.
Seconded by Councilman Nelson. Ayes - all.
7. Feasibility Study - Hillwood Drive and Dorland Road Improvements
a. Manager Evans presented the staff report.
b. An owner of property where a ponding area is planned stated he wished the
pond to be moved.
c. Council directed staff to investigate the ponding areas.
d. Councilman Anderson introduced the following resolution and moved its adoption:
79- 6 -137
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare preliminary plans for the improvement of McKnight Road to
approximately 2000 feet East between Mailand Road and Linwood Avenue; and from
Linwood Avenue to approximately 600 feet South between McKnight Road and approx-
imately 1300 feet East by construction of sanitary sewer, watermain, storm sewer,
streets and appurtenant work; and
WHEREAS, the City Engineer has prepared the aforesaid preliminary plans for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. The report of the City Engineer advising this Council that the proposed
improvement on McKnight Road to approximately 2000 feet East between Mailand
Road and Linwood Avenue; and from Linwood Avenue to approximately 600 feet
South between McKnight Road and approximately 13000 feet East by construction
of sanitary sewer, watermain, storm sewer, streets and appurtenant work is
feasible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with the
reports and the assessment of benefited property for all or a portion of the
cost of the improvement according to M.S.A. Chapter 429, at an estimated total
cost of the improvement of $980,000.00.
- 27 - 6/7
3. A public hearing will be held in the Council Chambers of the City Hall
at 1380 Frost Avenue on Thursday, the fifth day of July, 1979, at 8:00 P.M.
to consider said improvement.
NOTICE OF HEARING OF IMPROVEMENT
TO WHOM IT MAY CONCERN:
WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota,
deems it necessary and expedient that the improvement hereinafter described, be
made;
NOW, THEREFORE, notice is hereby given that the City Council will hold a
public hearing on said improvement at the following time and place within the
said City:
Date and Time: July 5, 1979 at 8:00 P.M.
Location: Council Chambers of the City Hall, 1380 Frost Avenue.
The general nature of the improvement is the construction of sanitary sewer,
watermain, storm sewer, streets and appurtenant work in the following described
area:
FROM MCKNIGHT ROAD TO APPROXIMATELY 2000 FEET EAST BETWEEN MAILAND
ROAD AND LINWOOD AVENUE: AND FROM LINWOOD AVENUE TO APPROXIMATELY
600 FEET SOUTH BETWEEN MCKNIGHT ROAD AND APPROXIMATELY 1300 FEET EAST.
The total estimated cost of said improvement is $980,000.00.
It is proposed to assess every lot, piece or parcel of land benefited by said
improvement whether abutting thereon or not, based upon benefits received without
regard to cash valuation.
Persons desiring to be heard with reference to the proposed improvement should
be present at this hearing.
This Council proposes to proceed under the authority granted by Chapter 429
M.S.A.
Dated this 7th day of June, 1979.
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
Lucille E. Aurelius
City Clerk
City of Maplewood, Minnesota
Seconded by Councilman Murdock. Ayes - all.
8. Auto Parts Project - Century Avenue Appeal
a. Manager Evans presented the staff report.
b. Mr. Chuck McGelvrey, President of Chuck's Parts Center, explained why he is
- 28 - 6/7
appealing the Community Design Review Board's condition requiring that the entire
parking lot be continuously curbed with concrete. He stated he agrees to the rest
of the conditions.
C. Councilman Anderson moved that condition No. 11 of the Community Design Review
Board relating to the Chuck's Auto Parts Center building on Century Avenue be
amended:
Concrete curb on the North side and the East side, and on the South side
from the front line of building to the SE corner asphalt curbing on the West
side and on the South side from the southwest corner going east to the front
line of the building: concrete around the trash enclosure.
Seconded by Councilman Murdock. Ayes - all.
9. Accounts Payable
a. Councilman Anderson questioned check No. 001873.
b. Councilman Wiegert moved that the accounts (Part I - Fees, Services
Check No. 003450 through Check No. 003498 - $181,405.27: Check No. 0017
Check No. 001940 - $178,159.05: Part II - Payroll - Check No. 20761 thr
No. 20883 - $45,556.86) in the amount of $405,121.18 be paid as submitt
Seconded by Councilman Anderson. Ayes - all.
Mayor Greavu moved to extend the agenda past 11:30 P.M.
Seconded by Councilman Anderson. Ayes - all.
K. COUNCIL PRESENTATIONS
1. Parkway Drive and Highway 61 - Renaming
a. Councilman Anderson questioned if Parkway Drive could be renamed.
b. No action at this time.
2. Rezone - White Bear Avenue
a. Councilman Anderson stated he has been canvassing the neighbors on White
Bear Avenue between Frost and Larpenteur. At this time eleven are against re-
zoning and six are in favor.
3. Housing Code
a. Councilman Anderson commented on the need for a housing code.
es-
b. Council will discuss a housing code when they meet with the Planning Commiss-
ion and H.R.A., Thursday, June 28, 1979, at 7:30 P.M. in the Council Chambers.
4. County Road Plan
a. Comments are to be in by June 12, 1979. Director of Public Works Bittner is
preparing a letter to the County regarding their road plan. Council instructed
Bittner to ask that the Frost Avenue time table be "speeded up ".
- 29 - 6/7
5. F -4 - include Minutes
Action taken previously.
6. Nieghborhood Problem
a. Councilman Murdock questioned if anything is being done or could be done
regarding the Hobb's house on Skillman Avenue.
b. The City Attorney will investigate.
7. Speed Signs - Harvester Avenue
a. Councilman Nelson stated he has received complaints of high speed chases and
racing cars on Harvester Avenue and the residents are requesting speed limit
signs be posted.
b. Staff will investigate.
8. Appointment - Civil Service Commission
a. Mayor Greavu moved to accept the resignation of Lyle Rhein from the Police
Civil Service Commission and that a letter of thanks be forwarded.
Seconded by Councilman Wiegert. Ayes - all.
b. Mayor Greavu moved to appoint Mr. William Mikiska to fill the vacant term on
the Police Civil Service Commission.
Seconded by Councilman Wiegert. Ayes - all.
9. County Road C and English Street
a. Mayor Greavu stated Ms. Louise Hanover wishes to have her lot divided and per-
mission to build on the back lot prior to the street being planned.
Councilman Anderson moved to waive the Rules of Procedures and extend the meeting past
the deadline.
Seconded by Mayor Greavu.
Ayes - all.
b. Staff will prepare a feasibility for English Street south of County Road C
by June 21, 1979.
L. ADMINISTRATIVE PRESENTATIONS
1. Establish Salary - Director of Emergency Preparedness
a. Manager Evans presented the staff report.
b. Councilman Murdock moved reduction of Director of Em
salary as recommended and to table the issuance of a car
review.
Seconded by Councilman Anderson. Ayes - all.
- 30 - 6/7
s
M. ADJOURNMENT
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- 31 - 7/6
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DATE 06•7-74 PAGE 9
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A M 0 U N T
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158.34
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REP. I MMY, v SMULES
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DATA MCCESSOF
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S U PP Ll E S Pa OG R QM
15.96
TWIN (TITY COURIER
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PUBLISHING
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!'3.909
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AV,, MI•LL WOUS,
17 . 9 2
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277.31
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SALARIES
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JOHNSON PLASTICS
OF HER cobsypuclin
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j11931
13
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10193'
41 94
MWEST WIRE + STEEL PRO
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KATERTAL'S
10 ILI 3
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1 A I V! T E 1 A C
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11935
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TRAVEL TAAIQ&✓
:5 113 5
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PLASTICS. I
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14 90
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NS TOTAL 35004.32
CITY OF MAPLE6000
CH REGISM PAYROU. CATER M-25-19 DArE G5•25• 79
CW NO. CLAIMANT GROSS NET
20763.
N () N
G
225.00
20109
2C762
jUHN G
GRUAVU
300.00
230.21)
2 (; 7 r)'3
HU Z i* (;•'!
A it,! IJ it', lG (I C K
22%00
221.00
20764
FARE 1.
NELSON
225.00
200.03
20765
l)or;ALD
J WIMPT
.225-00
201�Q
k."
20167
LAUP UF
1. URGSTEUT
403,95
276.23
CA ' E L
F U ' S 1
05
1 7 .65
,
7 0 B . 9t
2C760
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J 10 6 F N
658.62
23903
? (17 (o
AL. 'd'' K
tH AY 1 : - "/ S
433.85
300M
20771
LUMUE
E MWFLIUS
987.69
571.45
21)7"12
s
c i "I f " t.':
512.31
346.0
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F T " V 'I'll
;% 11 v I ;
4R7.85
3 L 4 o 12
,
20774
LPHRAINE
S vMFOR
3566 7 7
227.0.
20775
it =
L
51.08
38.00
20776
ALFQQV
J PUCCUIN
523.00
240.01
20771--OWNS
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1 2,') . ;# '-) ------- ----1
i C; , 152
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125.92
20779
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832.39
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'2.07';0
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787.98
47201
2.017 0 [
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G CIAHAINES
817.39
045.58
20782
CALE K
CLAUSCN
787.93
28.8,3
20781
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V COLLINS
845.77
174.60
20184
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924.08
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413. 02
20700
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7Q2.00
40 112
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571.30
399M
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816-23
416.18
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787.98
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772.98
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105,51,
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817.33
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825.46
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it 127.62
71307
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717.69
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570.46
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403 . 85
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300. 511,
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ChECK NUPOER 207,. i.THAU 20892 70611.29 4j,.'
•AIRY
170 9 4
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20,i 5 8
CITY OF MAPLEW000
1297.60
069. 05
CHECK REGISTER
PAYRCILL f:Al'(--O G5-2!i
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CHECK NC.
CLAIMANF
GRnSS
NEI
(20832
JAMES G ELIAS
693.23
4160S
! ?0833
LV� C, 1' 11) 0 (.) S L
487.85
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693 „23
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2CH35
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582.00
396.W;
20f;36
R, GAi]Z{'L
180.00
16105
20837
P. CHARM WSLEY
460.80
3 j A � P-5
208 3 8
'o A;- f f-' R IN CAE I S S 4- E R
662.77
442.57
20039
JANFS T GESSELE
54 1 . 38
374 CC)
?;38!40
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8.40; 4 6
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208A I
RP•ALD 1. Fr,,EUFRG
557.78
3 75 12
11 ,-.'L L Y
576.57
17 2 5 5
20843
RAY•ONO J KALBER
604.20
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628.39
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?0847
GGRALP W VEYER
647M
300.11
2 c 8 4 6
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858.00
52.r . 113
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ARNEIA) 11 PFARf,
657.33
428.8-9
20848
&SEPP B PRETTNER
889.56
601.311)
20W
EDAARD A RETNERf
611.20
406.13
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HA(-�RY J TEVLIN JR
655.48
076.42
20851
GILBERT Q LARCCHE
414.46
20d.V5
20852
11
596.31
385.10
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783.23
470 8, .
2CB54
ERIC 3 0 L ANK
995.35
569,90
21955
LOIS J BRUNNER
483.12
147M
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PARBARA A KRUNNEL
242.76
1411
20357
ROY 15 UVRO
2.3`). 77
L 5
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PYLKS P PURKE
657.04
370.51,
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697 • 15
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1 002 .96
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685.6)
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7 14. 34
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355.20
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6 2 2 . A 0
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622
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ChECK NUPOER 207,. i.THAU 20892 70611.29 4j,.'
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170 9 4
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1297.60
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