HomeMy WebLinkAbout04.17.80 MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, April 17, 1980
Council Chambers, Municipal Building
Meeting No. 80-10
A. CALL TO ORDER
A regular meeting of the Gity Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and called to order at 7:30 P.P1. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
- Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENllA
Mayor Greavu moved that the Agenda be approved as amended:
1. Quad Design
2. Item J-4 be heard after Item E-a
' 3. Ditch
4. Travel and Training Policy
5. Resolution
6. Watershed
7. Sewer Billing - Cancellation
3. Playground -.Lights
9. Moratorium on Hiring
10. tors. Pentek
11. Resolution on Drug Paraphernalia
12. Thanks to Volunteers
13. Burns and t4cYnight
14. Application - Liquor License
Seconded by Councilman Anderson. Ayes - all.
E. CONSENT AGETdDA
Council removed Items 1, 2, 3, 4 and 7 from the Consent Agenda to become Items 8,
9, 10, 11 and 12.
Mayor Greavu moved, seconded by Councilman Anderson, Ayes all, to approve Items
5 and 6 of the Consent Agenda as recommended:
5. Easement: Howard-Larpenteur Storm Sewer
Resolution No. 80-4-89
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RESOLVED BY THE CITY COUIQCIL OF MAPLEtd00D, MINNESOTA, that the following payments
for acquisition of easements for Improvement No. 75-6 be approved:
Parcel No. 6 1745 No. Howard Street $ 1,900.00
Parcel No. 9 1715 No. Howard Street 2,300.00
Parcel No. 4 1759 IJo. Howard Street 1,050.00
6. Final Resolution: Nordstrand Revenue Note
Resolution No. 80-4-90
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AIdD FINllI[dGS
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 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 llevelopment Act, Minnesota Statutes,
Chapter 474, as amended;
Assignment of Leases and Rents: the agreement to be executed by the Borrower
- assigning all the leases, rents, issues and profits derived from the Project to the
Lender to secure the repayment of the Note and interest thereon;
Assignment of the Loan Agreement: the agreement to be executed by the City and
the Lender assigning the Loan Agreement to the Lender;
Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St.
Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written
opinion signed by such Counsel;
Borrower: Burt Nordstrand, his heirs and assigns, and any transferee business
entity which may assume its obligations under the Loan Agreement;
City: the City of Maplewood, Minnesota, its successors and assigns;
Construction Loan Agreement: the agreement to be executed by the City, the Bor-
rower and the Lender, relating to the disbursement and payment of Project Costs for
the construction and installation of the Improvements;
Guaranty: the personal quaranty to be executed by the Borrower in favor of the
Lender;
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;
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Land: the real property and any other easements and rights described in Exhibit
A attached to the Loan Agreement;
Lender: Eastern Heights State Bank of Saint Paul, Saint Paul, Minnesota, its
successors and assigns;
Loan Agreement: the agreement to be executed by the City and the Borrower,
providing for the issuance of the Note and the loan of the proceeds thereof to the
Borrower, including any amendments or supplements thereto made in accordance with
its provisions;
Mortgage: the Mortgage, Security Agreement and Fixture Financing Statement to be
executed by the Borrower as mortgagor, to the Lender, as mortgagee, securing payment
of the Note and interest thereon;
Note: the $300,000 Commercial Development Revenue A1ote of 1980 (Burt Nordstrand
Project), to be issued by the City pursuant to this Resolution and the Loan Agreement;
Note Register: the records kept by the City C1erY, to provide for the registration
of transfer of ownership of the Note;
Plans and Specifications: the plans and specifications for the construction and
installation of the Improvements on the Land, which are approved by the Lender, to-
gether 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;
Principal Balance: so much of the principal sum on the Tdote as from time to time
may have been advanced to or for the benefit of the City and remains unpaid at any
time;
Project: the Land and Improvements as they may at any time exist;
Project Costs: the total of all "Construction Costs" and "Loan and Carrying
Charges," as those terms are defined in the Loan Agreement;
Resolution: this Resolution of the City adopted April 17, 1980, together with
any supplement or amendment thereto.
All references in this instrument to designated "Articles," "Sections" and other
subdivisions are to the designated Articles, Sections and subdivisions of this in-
strument as originally executed. The words "herein," "hereof" and "Hereunder" and
other words of similar import refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1-2. Legal Authorization.
The City is a political subdivision of the State of Minnesota and is authorized
under the Act to initiate the revenue producing project herein referred to, and to
issue and sell the Note for the purpose, in the manner and upon the terms and condit-
ions set forth in the Act and in this Resolution.
103. 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
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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 accomp-
lish the purposes provided by the Act, and the City has by this Resolution authorized
the Project and execution of the Loan Agreement, the Assignment of Loan Agreement,
the Note and the Construction Loan Agreement, which documents specify the terms and
conditions of the acquisition and financing of the Improvements to be included in
the Project;
(3) in authorizing the Project the City's purpose is, and in its judgment the
effect thereof will be, to promote the public welfare by: the attraction, encourage-
ment 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 community's existing
investment in educational and public service facilities; the halting of the movement
of talented, educated personnel of all ages to other areas thus preserving the economic
and human resources needed as a base for providing governmental services and facilities;
the provision of 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 principal amount of $300,000 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 to be included
in the Pr2Sject;
(6) the Note and the interest accruing thereon do not constitute an indebtedness
of the City within the meaning of any constitutional or statutory limitation and do
not constitute or give rise to a pecuniary liability or a charge against the general
credit or taxing powers of the City and neither the full faith and credit nor the
taxing powers of the City is pledged for the payment of the Note or interest thereon;
and
(7) The Note is,an industrials. development bond within the meaning of Section
103(b) of the Internal Revenue Code and is to be issued within the exemption provided
under subparagraph (a) of Section-103 (b) (6) of the Code with respect to an issue
of $1,000,000 or less; provided that nothing herein shall prevent the City from
hereafter qualifying the Note under a different exemption if, and to the extent, such
exemption is permitted by law and consistent with the objects and purposes of the
Project.
104. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize the Borrower, in accordance with
the provisions of Section 474.03(7) of the Act and subject to the terms and conditions
set forth in the Construction Loan Agreement, to provide for the construction and
installation of the Improvements to be included in the Project pursuant to the Plans
and Specifications by such means as shall be available to the Borrower and in the
manner determined by the Borrower, and without advertisement for bids as may be
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required for the construction and acquisition of municipal facilities; and the City
hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower
consistent with and in anticipation of such authority and in compliance with the
Plans and Specifications.
ARTICLE TWO
NOTE
2-1. Authorized Amount and Form of Note.
The P1ote issued pursuant to this Resolution shall be in substantially the form
set forth herein, with such appropriate variations, omissions and insertions as are
permitted or required by this Resolution, and in accordance with the further provis-
- ions hereof; and the total principal amount of the Note that may be outstanding here-
under is expressly limited to $300,000 unless a duplicate Note is issued pursuant to
Section 2-6. The IQote shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUIQTY OF RAMSEY
CITY OF MAPELWOOD
Corumercial Development Revenue Note of 1980
(Burt Nordstrand Project)
$300,000
FOR VALUE RECEIVED THE CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City")
hereby promises to pay EASTERN HEIGHTS STATE BANK OF SAINT PAUL, Saint Paul, Minnesota
(the "Lender"), its successors or registered assigns, from the source and in the manner
hereinafter provided, the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000),
or so much thereof as may have been advanced to or for the benefit of the City and
remains unpaid from time to time (the "Principal Balance"), with interest thereon
at the rate of ten and one-half percent (10 1/2%) per annum (computed on the basis
of an assumed year of 360 days composed of twelve thirty day months) or at such higher
rate as hereinafter provided, in any coin or currency which at the time or times of
payment is legal tender for the payment of public or private debts in the United
States of America, in accordance with the terms hereinafter set forth.
1. (a) Interest only shall be due and payable on the first day of the calendar
month next succeeding the initial advance hereunder, and on the first day of each and
every month thereafter until and including the "Amortization Date" (the first day of
the calendar month next succeeding completion of the Project in accordance with the
Construction Loan Agreement hereinafter referred to, but in any event the Amortization
Date shall not be later than 1980 unless extended by the Lender).
(b) From and after the Amortization Date, the Principal Balance shall be
amortized and paid in 239 equal consecutive monthly installments of $ ,
payable on the first day of each month commencing on the first day of the calendar
month next succeeding the Amortization Date and continuing until the twentieth (20th)
anniversary of the Amortization Date, at which time the entire Principal Balance
and all accrued interest shall be due and payable in full (the "Final Maturity Date").
(c) If the interest on this Note should become subject to federal income
taxation pursuant to a "Determination of Taxability" as that term is defined in
Section 4.07 of the Loan Agreement hereinafter referred to, and the Lender delivers
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to the Borrower a copy of the notice of the "Determination of Taxability", the in-
terest rate shall be immediately increased to an annual rate equal to two percent
(2%) in excess of the Prime Rate of The First National Bank of Saint Paul (i.e.,
the lowest rate of interest made available by The First National Bank of Saint Paul
on short term, unsecured loans to large businesses with the highest credit standing,
as that rate may change from time to time, with changes in the interest rate applicable
hereunder to become effective on the same day as such change in the Prime Rate takes
place, such interest to be computed on the basis of actual days elapsed in a year of
365 days); but in no event shall the interest rate ever be less than 10 1/2% per annum
regardless of changes in the Prime Rate. The monthly installments of accrued interest
only under paragraph 1(a) hereof shall be adjusted accordingly and each monthly
installment payable under paragraph 1(b) hereof after such increase in the interest
rate shall be equal to the then remaining Principal Balance divided by the number of
monthly payments remaining to the Final Maturity Date, plus accrued interest at said
increased rate; and in addition the Lender shall be entitled to receive an amount
equal to the aggregate difference between (i) the monthly payments of interest
theretofore made to the Lender on this Note between the "Date of Taxability", as that
term is defined in the Loan Agreement, and the date of receipt by the Borrower of
notice of such "Determination of Taxability" and (ii) the monthly payments of interest
which would have been made during such period if the increased rate had been in effect
throughout such period; all as provided in Section 4.07 of the Loan Agreement.
(d) Unless a Determination of Taxability shall occur, in which event the
interest rate shall be governed by paragraph 1(c) hereof, the rate of interest on
this Note shall be adjusted on April 1990, April 1992, April 1994,
April 1996. and April 1998 to be equal to 1.30% per annum in excess of the
yield reflected in the latest Municipal Bond Buyers Index published in The llaily
Bond Buyer immediately preceding such dates but, in no event shall the interest rate
decrease below (10 1/2%) per annum.
2. In any event, the payment 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. All payments hereon shall be
applied first to interest due on the Principal Balance and thereafter in reduction of
the Principal Balance.
3. If the Lender should not receive on the first day of any month all of the
principal and interest then due on the Note, and if the City should continue to be
in arrears through the fifteenth day of such month, then, in addition to all other
sums due hereunder, the Lender shall be entitled to receive on the sixteenth day of
such month a service charge for its administrative costs in handling late payments
equal to four percent (4.00%) of the delinquent principal and interest.
4. 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.
5. This Note is issued by the City to provide funds for a Project, as defined
in Section 474.02, Subdivison la, Dinnesota Statutes, consisting of the construction
of a professional office building thereon, pursuant to a Loan Agreement of even date
herewith, between the City and Burt Nordstrand (the "Borrower") (the "Loan Agreement"),
and thisiNote is further issued pursuant to and in full compliance with the Constitut-
ion and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes,
and pursuant to resoltuion of the City Council duly adopted on April 17, 1980 (the
"Resolution").
6. This Note is secured by an assigntnent of the Loan Agreement by the City to
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the Lender, a Mortgage, Security Agreement and Fixture Financing Statement, of even
date herewith between the BorroweF,`.as.mortgagor, and'- he Lendersas mar_tgage_e (the
"Mortgage"), by an Assignment of Leases and Rents, of even date herewith, from the
Borrower to the Lender (the "Assignment of Leases and Rents") and by a Personal
Guaranty executed by the Borrower. The disbursement of the proceeds of this Note
is subject to the terms and conditions of a Construction Loan Agreement of even date
herewith between the Lender, the City and the Borrower (the "Construction Loan Agree-
ment").
7. The Lender may extend the times of payments of interest and/or principal
of or any penalty or premium due on this Note, including the date of the Final Matur-
ity Date, without notice to or consent of any party liable hereon and without releas-
ing any such party. However, in no event may the Final tlaturity Date be extended
beyond thirty (30) years from the date hereof.
8. This Note may not be prepaid prior to the Amortization Date or during the
first five (5) Loan Years (as hereinafter defined). Beginning with the sixth (6th)
Loan Year, upon ten (10) days prior written notice to the Lender, the City may prepay
the Note, in whole or in part, on any monthly payment date upon payment of a premium
of five percent (5%) of the amount of the prepayment. The premium for prepayment
shall decrease one percent (1%) for each Loan Year thereafter. Beginning with the
eleventh (11th) Loan Year, the City may prepay the Note in whole or in part,. on any
payment date, without a premium. The Lender shall apply any such prepayment against
the applicable prepayment premium, if any, and then against the final principal
amounts due under the tdote. The term "Loan Year" as used herein shall mean a twelve
(12) month period commencing on the Amortization Date and on each anniversary thereof.
9. This Note is further subject to prepayment by the City, at any time, without
a premium, in whole or in part, upon the occurrence of certain events of damage,
destruction or condemnation of the property secured by the Mortgage, as specified
' in Section 5.02 of the Loan Agreement and Section 3-1 of the Resolution, or, at the
option of the Borrower, in whole, but not in part, within sixty (60) days after the
Borrower receives a notice of a "Determination of Taxability" as that term is defined
in Section 4.07 of the Loan Agreement, all as is more specifically provided for in
the Loan Agreement. and the Resolution. In addition, the Lender shall have the option
to declare the Principal Balance and accrued interest due and payable on April 1980,
April , 1992, April 1994, April , 1996 and April 1998, upon sixty (60)
days prior written notice to the City and the Borrower.
10. The monthly payments due under paragraph 1 hereof, shall continue to be due
and payable in full until the entire Principal Balance and accrued interest due on this
Note have been paid regardless of any partial prepayment made hereunder,
11. As provided in the Resolution and subject to certain limitations set forth
therein, this Note is transferable upon the books of the City at the office of the
City Clerk, by the Lender in person or by his agent duly authorized in writing, at
the Lender's expense, upon surrender hereof together with a written instrument of
transfer satisfactory to the City Clerk, duly executed by the Lender or his duly
authorized agent. Upon such transfer the City Clerk, will note the date of regis-
tration and the name and address of the new registered Lender in the registration
blank appearing below. The City may deem and treat the person in whose name the Note
is last registered upon the books of the City with such registration noted on the
1Qote, as the absolute owner hereof, whether or not overdue, for the purpose of re-
ceiving 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 Lender or
upon his order shall be valid and effective to satisfy and discharge the liability
upon the Tdote to the extent of the sum or sums so paid, and the City shall not be
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affected by any notice to the contrary.
12. All of the agreements, conditions, cavenants, provisions and stipulations
contained in the Resolution, the Mortgage, the Assignment of Leases and Rents, the Loan
Agreement and the Construction Loan Agreement are hereby made a part of this Note
to the same extent and with the same force and effect as if they were fully set forth
herein.
13. This Note and interest thereon and any penalty or premium due hereunder
are payable solely from the revenues and proceeds derived from the Loan Agreement,
the Mortgage, the Assignment of Leases and Rents and the Guaranty, and do not con-
stitute 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 there-
. on, or to enforce payment thereof against any property of the City, and this Note does
not constitute a charge, lien or encumbrance, legal or equitable, upon any property
of the City, and the agreement of the City to perform or cause the performance of
the covenants and other provisions herein referred to shall be subject at all times
to the availability of revenues or other funds furnished for such purpose in accord-
ance with the Loan Agreement, sufficient to pay all costs of such performance or the
enforcement thereof.
14. It is agreed that time is of the essence of this Note. In the event of
failure by the City to pay when due any monthly installment of principal or interest,
or any premium or penalty due hereunder, or if an Event of Default shall occur, as
set forth in the Mortgage, the Assignment of Leases and Rents, the Construction Loan
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.
15. The remedies of the Lender,. as provided herein and in the Mortgage, the
Assignment of Leases. and Rents, 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 Lender, and may be exercised
as often as occasion therefor shall occur; and the failure to exercise any such
right or remedy shall in no event be construed as a waiver or release thereof.
16. The Lender shall not be deemed, by any act of omission or commission, to
have waived any of its rights or remedies hereunder unless such caaiver is in writing
and signed by the Lender and, then only to the extent specifically set forth in the
writing. A waiver with reference to one event shall not be construed as continuing
or as a bar to or waiver of any right or remedy as to a subsequent event.
17. This Note has been issued without registration under state or federal or
other securities laws, pursuant to an exemption for such issuance; and accordingly
the Note may not be assigned or transferred in whole or .part, nor may a participation
interest in the Note be given pursuant to any participation agreement, except in
accordance with an applicable exemption from registration requirements.
IT IS I~L'REBY CERTIFIED AND RECITED that all conditions, acts and things required
to exist, happen and be performed precedent to or in the issuance of this Tdote do
exist, have happened and have been performed in regular and due form as required
by law.
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IN WITNESS WHEREOF, the City has. caused this Note to be duly executed in its
name by the manual signatures of the Mayor and City Clerk and has caused the
corporate seal to be affixed hereto, and has caused this Note to be dated April ,
1980.
CITY OF MAPLEW00D, MINNESOTA
/s/ John C. Greavu
Mayor
Attest: /s/ Lucille E. Aurelius
City Clerk
E - a Employee Award: Ray Kaeder
Mayor Greavu presented Mr. Raymond Kaeder a placque and certified resolution of
appreciation for his 23 years of faithful and dedicated service to the City of
Maplewood. Mr. Kaeder retired from City employment on April 30, 1980.
F. PUBLIC HEARINGS
L Hillwood Drive and Dorland Road - Project 78-10 - 7:30 P.M.
a. Acting Mayor Nelson convened the meeting for a public hearing regarding
the construction of sanitary sewer, watermain, storm sewer, streets and appur-
tenances (Improvement 78-10) in the following area: from McKnight Road to
approximately 2000 feet east between Mailand Road and Linwood Avenue to approx-
imately 600 feet south between McKnight Road and approximately 1300 feet east.
The Clerk stated the dates of publication of the hearing notice.
b. Manager Evans presented the staff report.
c. Mr. Jim Orr and Mr. Scott Harri, Schnell and Madson, Inc., presented the
specifics o£ the proposal.
d. Mayor Greavu called for persons who wished to be heard for or against the
project. The following persons expressed their opinions:
- Mr. Glenn Becklund, 2325 Linwood Avenue;
= Mr. James Bullock, 2349 Linwood Avenue;
Mr. Ken Gervais, developer of Linwood Heights;
Mr. George Oxford, 2305 Linwood Avenue;
Mr. Delentheis, Dacm Development;
Mr. Willard, 2400 Teakwood;
Mr. Paul Schichtenberg, owner of property on Linwood Avenue;
Mr. Fred Krinkie, 504 So. McKnight Road.
e. Mayor Greavu closed the public hearing.
f. Councilman Anderson moved to order the project subject to a signed agreement
that the developer pay their proportionate share and introduced the following
resolution and moved its adoption:
80-4-91
WHEREAS, after due notice of public hearing on the construction of streets,
sanitary sewer, watermain, storm sewer and necessary appurtenances on llorland
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Road and Hi11,w~o~od~~Drive(Public Improvement Project 78-10) a hearing on said
improvement in accordance with the notice duly given was duly held on April 17,
1980, 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 P7APLEWOOll, MINNESOTA,
as follows:
1. That it is advisable, expedient, and necessary that the City of
Maplewood construct streets, sanitary sewer, watermains, storm sewer and
necessary appurtenances on Dorland Road and Hillwood Drive (Public
Improvement Project 78-10) as described in the notice of hearing thereon,
and orders the same to be made.
2. The City Engineer is designated engineer for this improvement
and is hereby directed to prepare final plans and specifications for the
making of said improvement.
3. This improvement is hereby designated to be Public Improvement
Project 7II-10.
Seconded by Councilman Nelson. Ayes - all.
J. NEW BUSINESS
4. Special Exception: 1997 White Bear Avenue - Barnhill
a. Manager Evans presented the staff report with the recommendation for approval
of the proposed home occupation, based on the above analysis and subject to:
1. One wall mounted five pound all purpose fire extinguisher shall be
installed.
2. "No Smoking" signs shall be posted.
3. Signage shall consist of one wall mounted sign not exceeding two square
feet in area according to the Sign Gode. All other signs are to be
removed.
4. Council shall review this home occupation after one year to see if there
have been any problems created by this business.
b. Councilman Bastian moved to approve the Special Exception for a home occupat-
ion to operate a book exchange business out of the applicant's garage subject
to the following:
1. One wall mounted five pound all purpose fire extinguisher shall be
installed.
2. "Pdo Smoking" signs shall be posted.
3. Maintain the present signing only.
4. Council shall review this home occupation after one year to see if there
have been any problems created by this business.
Seconded by Councilperson Juker. Ayes - all.
11. Special Exception Renewal: 1900 Sterling Street - Caturia
a. Manager Evans presented the staff report recommending renewal of the home
occupation permit for five years, including all previous conditions.
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Approval is based on the findings that there have been no complaints on the
business and it meets all the previous conditions.
b. Councilman Bastian moved renewal of the home occupation permit for Yashito
Caturia to operate a beauty shop at 1900 Sterling Street for a five year period
subject to all original conditions.
Seconded by Councilperson Juker. Ayes - all.
F. PUBLIC HEARITdGS (continued)
2. Code Amendment: Accessory Building Setback - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding an amendment
to the zoning code to provide for a uniform minimum setback for accessory build-
ings and an amendment to allow the expansion of non-conforming accessory build-
ings under specified circumstances. The Clerk stated the dates of publication
of the hearing notice.
b. Associate Planner Johnson presented the staff report.
c. Mayor Greavu moved to continue this hearing until May 1, 19$0 meeting.
Seconded by Councilman Bastian. Ayes - all.
3. 3.2 On-Sale Beer License - Pizza Hut Restaurant - Ferril - $:00 P.M.
a. 2layor Greavu convened the meeting for a public hearing regarding the applic-
ation of Mr. William Ferril for a 3.2 non-intoxicating malt liquor license to be
located at Pizza Hut, 3073 White Bear Avenue. The Clerk stated the dates of
` publication of the public hearing notice.
b. Manager Evans presented the staff report with the following recommendations:
1. Many young people normally frequent this type of pizza operation.
Steps should be taken to ensure that the 3.2 beer is served in an area
reserved for people 19 years or older.
2. Only employees over 19 years should be allowed to serve 3.2 beer.
3. The applicant should take steps to ensure on-sale beer will not be
removed from the premises. This should include signing listing this
prohibition and staff people assigned to watching to prevent this
practice.
4. Under no circumstances should 3.2 beer Ue sold as a carry-out item.
c. Mr. Ferril, the applicant, spoke on behalf of his request. Ile also stated
he did not agree with condition number 2 of the staff report.
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. Councilperson Juker introduced the following resolution and moved its adoption:
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80-4-92
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the
City of Maplewood on April 17, 1980, an On-Sale 3.2 non-intoxicating malt liquor
license was approved for William Ferril, dba as Pizza Hut, 3073 White Bear Avenue.
The Council proceeded in this matter as outlined under the provisions of
the City Ordinances and subject to the following conditions:
1. Applicant to work with Director of Public Safety to insure that the
3.2 beer is served in an area reserved for people 19 years or older;
2. Only employees over 19 years should be allowed to serve 3.2 beer;
3. The applicant should take steps to ensure on-sale beer will not be
removed from the premises. This should include signing listing this
prohibition and staff people assigned to watching to prevent this
practice;
4. Under no circumstances should 3.2 beer be sold as a carry-out item.
Seconded by Councilman Anderson. Ayes - Councilperson Juker, Councilmen
Anderson and Nelson.
1Qays - Mayor Greavu and Councilman Bastian.
4. Variance/Lot Division - 2130 Arcade - Piletich - 8:15 P. M.
a. Mayor Greavu convened the meeting for a public hearing regarding a variance
to divide his home at 2130 Arcade from the balance of the property. The Clerk
stated the dates of publication of the public hearing notice.
b. Manager Evans presented the staff report recommending approval of the variance
° and lot division, with the following conditions:
1. Payment of required cash connection charges.
2. The undeveloped lots (Parcels 060-35, 070-35, 120-35, 090-35 and 110-35)
shall be combined into one parcel.
3. A recordable deed shall be filed against the undeveloped lots that would
quit claim the right to build without specific approval of the City Council.
4. An easement shall be provided from parcel 080-35 to Arcade Street.
c. The Planning Commission. recommendation is as follows:
"Commissioner Kishal moved the Planning Commission recommend to the Board of
Adjustments and Appeals approval of the variance with the following conditions:
1. Payment of required cash connection charges;
2. The undeveloped lots (parcels 060-35, 070-35, 120-35, 09b-35, and 110-35) shall
be combined into one parcel;
3. A recordable deed shall be filed against the undeveloped lots that would
quit claim the right to build without specific approval of the City Council;
4. An easement shall be provided from this parcel (080-35) to Arcade Street.
Commissioner Fischer seconded. Ayes -all."
d. Mr. Voya Piletich, the applicant, spoke on behalf of the proposal.
e. Mayor Greavu called for persons to be heard .for or against the proposal. The
following persons voiced their opinions:
- 12 - 4/17.
Mr. Gordon Grant, 2134 Arcade Street;
Mr. N. King, 2138 Arcade Street;
Mr. Robert Kasse, 2126 Arcade Street.
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson moved to approve the variance/lot division as requested
by Mr. Voya Piletich, 2130 Arcade Street, to divide his house from the balance
of the property subject to the following conditions:
1. Payment of required cash connection charges;
2. The undeveloped lots (parcels 060-35, 070-35, 120-35, 090-35 and 110-35)
shall be combined into one parcel;
3. A recordable deed shall be filed against the undeveloped lots that would
quit claim the right to build without specific approval of the City Council;
4. An easement shall be provided from parcel 080-35 to Arcade Street.
Seconded by Councilman Nelson. Ayes - all.
h. Councilman Anderson moved to initiate an estate lot zoning on this property.
Seconded by Councilperson Juker. Ayes -..all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSIPdESS
1. Maple Knolls - Preliminary Plat
' a. Manager Evans stated the City Council tabled action on the proposed revision
to the preliminary PUD at their April 3 meeting, in order to allow time for the
developer to meet with the adjacent property owner to the west to discuss obtain-
. ing an access drive to Southlawn and to allow time for City Staff to meet with
residents concerning drainage problems in the area.
b. Mr. Mike McKenna, Realty Services, stated they had reached an agreement with
the property owner to the west.
c. The area residents expressed their opinions regarding the drainage problems
and concerns they have for this proposal.
d. Councilman Nelson moved to modify the original conditions No. la through ld
of the approval of the preliminary PUD of Maple Knolls as follows:
1. Ido building permits shall be issued, unless Council orders the following
public improvement projects:
a. An adequate sized and designed water main to serve the project, as de-
termined by the Director of Public Works;
b. Construction of Southlawn Drive from approximately 650 south of Radatz
Avenue to Beam Avenue;
c. Construction of the storm water project shown in the Maplewood Drainage
Plan for Radatz Avenue. All necessary easements shall also be dedicated
to the City. This project includes piping, ponding, and control devices;
d. Project subject to IIUD money being available.
- 13 - 4/17
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilperson
Juker and Councilman Nelson.
Nays - Councilmen Anderson and Bastian.
2. Frank McGinley - Audit
a. Mayor Greavu stated this item should be tabled as Mr. PcGinley called him
to say he could not maY.e the meeting as he was ill.
b. Mr. Robert Voto, Voto and DeLaHunt, explained the audit procedures that his
firm does when they undertake the audit for Maplewood. He further answered
questions from the Council.
c. Councilman Bastian moved to table this item uxxtil the meeting of June 5, 19II0.
Seconded by Councilman Anderson. Ayes - all.
I. VISITOR PP.ESENTATIONS
None.
J. NEW BUSINESS
1, 1980 Diseased Shade Tree Program
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the following resolution and moved its adoption:
IIO-4-93
WHEREAS, pursuant to resolution passed by the City Council on April 17, 1980,
specifications for the Diseased Tree Program, Maplewood Project No. 80-6, have
been prepared by or under the direction of the City Engineer, and he has presented
such specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA:
1. Such specifications, a copy of which is attached hereto and made a part
hereof, are hereby approved and ordered placed on file in the office of the
City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official
paper, an advertisement for bids upon the making of such improvement under
such approved specifications. The advertisement slxall be published at
least ten (10) days before date set for bid opening, shall specify the work
to be done, shall state that bids will be publicly opened and considered by
the Council at the time and date selected by the City Engineer, at the City
hall and that no bids shall be considered unless sealed and filed with the
Clerk and accompanied by a certified check or bid bond, payable to the City
of Maplewood, Minnesota, for 5% of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and instructed
to receive, open, and read aloud bids received at the time and place herein
noted, and to tabulate the bids received.
- 14 - 4/17
4. The advertisement for bids shall be in substantially the following
form:
ADVERTISEMENT FOR BIDS
The City of Paplewood, Minnesota, will receive sealed bids for the removal of
diseased shade trees and necessary restoration, on public land and private
properties within the City limits.
Bids will be received until 2:00 P.M., C.D.S.T., on the 13th day of May, 1980
at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which
time and place all bids will be publicly opened.
No bids will be considered unless sealed and filed with the City Clerlc and
accompanied by a cashier's check or bid bond payable to the Clerk of the City
of Maplewood in the amount of five per cent (5%) of the bid.
Proposal forms, including specifications, are filed in the office of the City
Engineer, located at 1902 East County Road "B", Maplewood, Minnesota, SS109.
Copies of the documents may be obtained by depositing $5.00.
/s/ Lucille E. Aurelius
Lucille E. Aurelius, City Clerk
Seconded by Councilman Anderson. Ayes - all.
2. Drainage - 2450 Nemitz
a. Mr. Robert C. Albrecht, 2450 Nemitz, stated he is having a problem of
water pooling on his property.
b. Following discussion of alternatives, no action was taken.
3. Maple Greens Final Plat
a. Mayor Greavu moved to table this item until the Play 1, 1980 meeting.
Seconded by Councilman Anderson. Ayes - all.
4. Speical Exception: 1997 White Bear Avenue - Barnhill
Discussed after Item F-1.
5. Paramedic Bill - Application for Cancellation
a. P3anager Evans stated an application for cancellation of paramedic ambulance
service charges has been received for Lillian Anlauf. This individual was taken
to St. Paul Ramsey Hospital on February 28, 1980 and was suffering from a respir-
atory infection. The first billing of $40 for paramedic services was dated March
1st. Subsequently, the attached letter dated March 26th was received which
requested that the City accept her medicare benefits ($32) as full payment. On
April 9th the attached application for cancellation of charges was received for
the Council's review and action.
- 15 - 4/17
b. Councilman Nelson moved to cancel the remaining balance of the paramedic
run billing for Lillian Anlauf.
Seconded by Councilperson Juker. Ayes - all.
6. No Parking: English Street, Frost Avenue to Soo Line Railroad Tracks
a. Manager Evans stated during a recent review of parking in the area of the
Maplewood Bowl and the Moose Lodge, a discussion was held in relation to the
desirability of "No Parking Anytime" restrictions on both sides of English Street
from Frost Avenue to the Soo Line Railroad tracks. The staff has reviewed this
matter and feels for pedestrian safety and vehicle turning and maneuvering safety
this area should be zoned and marked "No Parking Anytime."
This proposal has been reviewed with the Bowl management, the Moose Lodge manage-
. went and the two residents in this area. They all concur that in the interest of
safety it would be a desirable posting.
Staff recommends that the City Council declare this a "No Parking Anytime" zone
and direct the appropriate signing be erected.
b. Councilman Anderson introduced the following resolution and moved its adoption:
80-4-94
WHEREAS, it has been determined that parking on the sides of English Street
from Frost Avenue to the Soo Line Railroad tracks creates an unsafe traffic
condition;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the above described area is declared a "..^d0 PARKING ANYTIME" zone and directs
that the appropriate signing be erected.
Seconded by Councilman Bastian. Ayes - all.
Mayor Greavu moved to extend the Rules of Procedures to extend the meeting past
the deadline.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker,
Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
7. Drivers License Renewals
a. Manager Evans stated as he had indicated to Council he has talked to Joe
GochkowsTci concerning Maplewood handling drivers license renewals. Mr. Goch-
kowski has not made a decision on how he will handle the replacement of the
facility at Shoppers City. If we are interested however, we should notify him
shortly as he will be making a decision within 30 days.
The primary reason for our providing the service would be as a convenience to
the public, Many of those who have been purchasing license plates have expressed
the desire to be able to renew their drivers licenses here too. Based on a check
with other cities that are providing the service and my talk to Mr. Gochkowski it
is apparent that the service would pay for itself even though it would be necessary
to hire an additional part-time person.
- 16 - 4/17
b. Councilman Anderson moved to authorize the Manager to proceed with obtaining
the drivers license renewal for the City Offices as recommended by the Manager.
Seconded by Councilperson Juker. Ayes - Councilperson Juker, Councilmen
Anderson and Pdelson.
Nays - Mayor Greavu and Councilman Bastian.
c. Councilman Anderson instructed the Manager to investigate possible reclass-
ification of the personnel that handle the Motor Vehicle tabs, etc.
Seconded by Councilperson Juker. Ayes - Councilperson Juker, Councilmen
Anderson and Nelson.
Nays - Mayor Greavu and Councilman Bastian.
8. Accounts Payable
a. Councilman Anderson moved that the accounts (Part I - Fees, Services, Ex-
penses Check No. 004159 through Check No. 004194 - $87,096.66-Check No. 005289
through Check No. 005436 - $167,216.94: Part II - Payroll, Check No. 23933
through Check No. 24059 - $55,938.60) in the amount of $310,352.20 be paid as
submitted.
Seconded by Councilman Bastian. Ayes - all.
9. Arbor Month Resolution
a. Councilman Anderson introduced the following resolution and moved its adoption:
80-4-95
WHEREAS, the City of Maplewood is proud of the beautiful shade trees which
arch over our homes and streets; and
WHEREAS, the City of Maplewood is well known for its woodlands that provide
a serene and healthful setting for our lives; and
S~iHEREAS, shade tree diseases do threaten our trees with destruction; and
WHEREAS, our beautiful wooded lands are rapidly becoming deforested; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THL' CI^1Y OF
MAPLEWOOD that April 25 is hereby proclaimed as "Arbor Day" in the City of
Maplewood and the month of May is proclaimed "Arbor Month"; and
BE IT FURTHER RESOLVED that the City of Maplewood calls upon the public
spirited and foresighted citizens of this community to plant trees NOW for our
pleasure and that of future generations.
Seconded by Councilman IQelson. Ayes - all.
10. Petition for Public Improvement - Ripley Avenue
a. Manager Evans presented a petition for watermain improvements on Ripley
- 17 - 4/17
Avenue from Edgerton Street to proposed Sunrise Court. The petition is in
response to a Council condition placed on approval of the preliminary plat
for the Clausen Addition. The petition is in order with more that 35% of
the affected frontage signing the petition. It is recommended that the
Council order the preparation of a feasibility study contingent on the
petition sponsor guaranteeing the cost of the study.
b. Councilman Bastian introduced the following resolution and moved its
adoption•
80-4- 96
WHEREAS, a certain petition has been received by the City Council
for the improvement of the following described area:
Property fronting Ripley Avenue from Edgerton Street west to
Bradley Street
by construction of watermain improvements and street reconstruction; and
WIIEREAS, the said petition has been declared to be signed by the
required percentage of owners of property affected thereby;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUtdCIL OF 1~iAPLEW00D,
MINNESOTA, that the petition as hereinbefore described is hereby
referred to the City Engineer, and he is instructed to report to the
Council with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible and should best
be made as proposed, and the estimated cost of the improvement as
recommended.
Seconded by Councilman Anderson. Ayes - all.
11. Special Exception Renewal - 1900 Sterling Street - Caturia
Discussed after Item J - 4.
12. Budget Transfer - Police Department
a. Manager Evans presented the staff report recommending that the City
Council support the purchase of additional gasoline metering equipment
for the Police Department vehicles and authorize the necessary budget
transfer from the revenue received from the sale of our used police
cruiser in the amount of $845.00 into account number 121-4640 to cover
the expense of this purchase.
b. Councilman Anderson moved to authorize the necessary budget transfer
from the revenue received from the sale of the used police cruiser -
$845.00 to account 121 - 4640 to cover the purchase of additional gasoline
metering equipment as recommended...
Seconded by Councilman Nelson. Ayes - all.
K.. COUIQCIL PRESETdTATIONS
- 18 - 4/17
1. Quad Design
a. Councilperson Juker requested staff prepare an ordinance requiring different
designs for Quad Homes within a development.
3. llitch
a. Councilman Bastian referred to a letter from Attorney lent Rudeen regarding
the Mottaz problems concerning Ditch 17.
b. Mayor Greavu stated he is trying to obtain some available fill.
6. Watershed - Appointments
a. Councilman Bastian asked questions regarding appointments to the
Watershed Dristricts.
Councilperson Juker moved to waive the Rules of Procedures to extend the meeting
past the 12:00 Midnight deadline.
Seconded by Mayor Greavu. Ayes - Playor Greavu, Councilperson Juker,
Councilmen Anderson and Nelson.
Nay - Councilman Bastian.
4. Travel and Training Policy
a. Councilman Anderson commented on the travel and training policy and if
it could be reviewed.
b. To be placed on future agenda.
' S. Resolutions
a. Councilman Anderson asked how does the Council know when they pass a
resolution if it gets to the person or agency attended.
b. Staff stated it is the procedure to automatically forward certified
copies of Council approved resolutions.
7. Sewer Billing.- Cancellation
a. Mayor Greavu stated he had received a call from Mr. Berg, 1617 Sextant
who stated he had had his sewer bill placed against his taxes and he never
had received a statement.
b. Staff stated they had received a notice to send the statement elsewhere
and this order had never been rescinded.
8. Playgrounds - Lights.
a. Mayor Greavu stated he has observed the lights at the playgrounds being
left on all hours of the night.
b. Staff will investigate.
- 19 - 4/17
9. Moratorium on Hiring - Park Director
a. Mayor Greavu moved to place a moratorium on hiring a Director of Com-
munity Services.
Motion died for lack of a second.
10. Mrs. P.entek.
a. Mayor Greavu had received a letter from Mrs. Pentek thanY.ing him for
obtaining money and support for sending her children to the contests and
Mayor Greavu wanted it made clear the Staff had obtained the help.
11. Resolution on Drug Paraphernalia.
a. Mayor Greavu introduced the fallowing resolution and moved its adoption:
80-4-97
_ RESOLVED, That the City Attorney is hereby requested to confer with
the attorneys for Eagan, St. Paul, Roseville, Minnetonka and West St Paul
for the purpose of drafting proposed ordinances dealing with the sale or
use of drug-related paraphernalia.
Seconded by Councilman Bastian. Ayes - all.
12. Thanks to Volunteers.
a. Mayor Greavu wished to take this opportunity to thank all the people who
worked at the 1980 Health Eair held. at the Priory.
13. Burns and McKnight.
a. Mayor Greavu stated he would contact the County regarding Burns and
McKnight.
L. ADMINISTP.ATIVE PRESENTATIONS.
1. Liquor License Application - Keller Club Golf Course.
a. Mayor Greavu introduced the following resolution and moved its adoption:
80-4-98
TdOTICE IS HEREBY GIVEN, that pursuant to action by the Council of
the City of Maplewood on April 17, 1980, an On Sale Intoxicating Liquor
License was approved for Thomas William Given, dba Reller Golf Course
Clubhouse, 2166 Maplewood Drive.
The Council proceeded in this matter as outlined under the provisions
of the City Ordinances.
Seconded by Councilperson Juker. Ayes - all.
M. ADJOURNMENT.
12:50 A.M.
City Clerk
20 - 4/17