HomeMy WebLinkAbout07.16.81 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, July 16, 1981
Council Chambers, Municipal Building
Meeting No. 81-15
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, MunicipalBuilding and was called to order at 7:04 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances -L. Joker, Councilperson Present
Earl L. Nelson, Councilman Present
0. APPROVAL OF MINUTES
1. Minutes of Meeting No. 81-9 (May 7, 1981)
Councilman Nelson moved to approve the Minutes of Meeting No. 81-9 (May 7, 1981)
as corrected:
Page 7, Item E-Sh "Lydia"
Seconded by Councilman Anderson. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Cable TV
2. Requests - Previous
3. Rules of Procedures
_ 4. Picnic
5. Previous Requests
6. Rent Control
7. Hobbs House
Seconded by Councilman Bastian. Ayes - a11.
E. CONSENT AGENDA
Council removed Items E-3, 6 and 8 from the consent agenda to become items J 6, 7, 8.
Councilman Anderson moved, seconded by Councilperson Juker, Ayes - a11, to approve
Consent Agenda Items 1, 2, 4, 5 and 7 as recommended.
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses - Check No. 005990 through
Check No. 006042 - $94,623.91; Check No. 010436 through Check No. 010563 - $540,598.91:
Part II - Check No. 02012 through Check No. 02149 - $54,957.99) be paid.
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2. Budget Change: Asphalt Overlay
Approved a budget change of $253,000 budgeted for the asphalt overlay program
from account 101-133-4480 to account 101-133-4690.
4. Ripley Avenue Watermain Improvement
Resolution No. 81-7-140
WHEREAS, pursuant to resolution passed by the City Council on November 20,
1980, plans and specifications for Ripley Avenue Watermain (Improvement Project
80-3) have been prepared by or under the direction of the City Engineer and he
has presented such plans and specifications to the Council for approval;
NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOGD,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made
a part hereof, arehereby 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
_ (and in the Construction Bulletin) an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The advertise-
ment shall be published two times, 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 Ha11 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 arehereby authorized and instructed to receive,
open and read aloud bids and to tabulate the bids received.
S.Ke11er Parkway Sanitary Sewer Improvement
Resolution No. 81-7-141
WHEREAS, pursuant to resolution passed by the City Council on April 2, 1981,
plans and specifications for Keller Parkway Sanitary Sewer (Improvement Project
80-14) have been prepared by or under the direction of the City Engineer and he
has presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
Minnesota:
1. Such plans and 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
(and in the Construction Bulletin) an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The advertise-
ment shall be published two times, 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
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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 instructedto receive,
open and read aloud bids and to tabulate the bids received,
7. Reclassification of North Saint Paul Road
Resolution No. 81-7-142
WHEREAS, Ramsey County is proposing to reclassify North St. Paul Road from
a collector to a minor arterial; and
WHEREAS, North St. Paul Road is designated as a minor arterial in Maplewood's
Comprehensive Land Use Plan and Comprehensive Land Use Plan Update; and
WHEREAS, North St. Paul Road is serving the function of a minor arterial by
virtue of the amount of traffic it carries and land uses it serves;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
- MINNESOTA, that the City is hereby supportive of the reclassification of North
St. Paul Road from a collector to a minor arterial.
E.A. PRESENTATION: Ramsey Clinic Associates
1. Ms. Mary Hudson, Ramsey Clinic Associates, announced the opening of the new
Maplewood Clinic at 1774 Cope Avenue as of July 13, 1981 and also explained the
plans for the clinic.
-F. PUBLIC HEARINGS
1. Tree Assessments 80-6 (7:00 P.M.)
a. Mayor Greavu convened the meetingfor a public hearing regarding the adoption
of the assessment roll for Tree Assessment No. 80-6. The Clerk stated the
hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu. closed the public hearing.
f. Councilman Anderson introduced the following resolution and moved its
adoption:
81 - 7 - 143
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
assessment for the removal of diseased shade trees as described in the files
of the City Clerk as the Diseased Shade Tree Control Program, Project 80-6
and has amended such proposed assessment as it deems just;
NOW, THEREFORE, BE IT RESOLVED BY THE .CITY COUNCIL OF MAPLE WOOD, MINNESOTA:
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1, Such proposed assessment, as amended, a copy of which is attached hereto
and made a part hereof, is hereby accepted and shall constitute the special
assessment against the lands named therein, and each tract of land therein
- included is hereby found tobe benefited by the proposed improvement in
the amount of the assessment levied against it.
2. Such assessment shall be payable in equal installments extending over
a period of five (5) years, the first of the installments to be payable
on or after the first Monday in Sanuary, 1982 and shall bear interest
at the rate of eleven (11) percent per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this resolution until
December 31, 1981. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification
of the assessment to the county aduitor, pay the whole of the assessment
on such property, with interest accrued to the date of payment, to the
City Treasurer, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution;
and he may, at any time thereafter, pay to the City Treasurer the entire
amount of the assessment remaining unpaid, with interest accrued to December
31 of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of
the next succeeding year.
4. It is hereby declared to be the intention of the Council to reimburse
itself in the future for the portion of the cost of this improvement paid
- for from municipal funds by levying additional assessment, on notice and
hearing as provided for the assessments herein made, upon any properties
abutting on the improvement, when changed conditions relating to such
properties made such assessment feasible.
5. To the extent that this improvement benefits nonabutting properties which
may be served by the improvement when one or more later extensions or
improvements are made, but which are not herein assessed therefore, it
- is hereby declared to be the intention of the Council, as authorized by
Minnesota Statutes Section 420.051, to reimburse the City by adding any
portion of the cost so paid to the assessments levied for any of such
later extension or improvements.
6. The Clerk shall forthwith transmit a certified duplicate of this assessment
to the County Auditor to be extended on the property tax lists of the
County, and such assessments shall be collected and paid over in the same
manner as other municipal taxes..
Seconded by Councilman Anderson. Ayes - a11.
G. AWARD OF BIDS
1. Sod - Hazelwood Park
a. Manager Evans presented the staff report.
b. Councilman Bastian introduced the following resolution and moved its adoption:
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81 - 7 - 144
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Kern-Anderson, 2081 Industrial Blvd. North, Stillwater, Minnesota, in the
amount of a unit price of $.52 per square yard, supervision $22.00 per hour
and $.82 for sod delivered and said is the lowest responsible bid for the
purchase of approximately thirty seven squareyards of sod for North Hazelwood
Park and the proper City officials are hereby authorized and directed to enter
into a contract with said bidder for and on behalf of the City.
Seconded by Councilman Anderson. Ayes - all.
F. PUBLIC HEARINGS (continued)
2. Preliminary Plat: Carsgroves Meadows 7:15 P.M.
a. Mayor Greavu convened the meeting for a publichearing regarding the request
of Roberts Properties for approval of the Carsgroves Meadows Preliminary Plat '
and for the vacation of a portion of the Cypress Street right of way. The
Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
report:
"Commissioner Fischer moved the Planning -0ommission recommend to the Gity
Council approval of the Carsgrove's Meadows 2nd Addition preliminary plat,
subject to:
1. Council ordering the Forest Street Improvement project.
2. Carsgrove's Meadows 1st Addition is recorded to insure that the parcel
designated as Outlot .A is combined with 2nd Addition.
3. Revise the metes and bounds description for the plat to refer to Out lot
A of Carsgrove's Meadows 1st Addition.
4. Payment of .deferred water assessments.
5. Implementation of the recommendations fo the Soil Conservation Service,
dated April 16, 1981.
6. The developer should seek to negotiate with the neighbors to revise the
configuration of lot 21 to exclude that portion of the Leo 1a Road corridor
lying south and west of lots 16 and 17. That portion lying south of lot
16 and 17 could be combined with the property adjacent. The west end could
be combined with adjacent properties to the north or south. If the concerned
properties do not choose to acquire Leo1a Road property, lot 21 shall remain
as proposed.
7. Dedication of drainage easements between lots 3 and 4, 14 and 15, along
the north line of Lot 1, and along the Leo 1a Road corridor from the holding
pond in the southwest corner of-the site to Keller Parkway.
8. Revise East Delmont Avenue to read East Demont Avenue.
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9. Submission of a singed developers agreement for all improvements internal
to the plat.
10. City Engineer approval of final drainage, utility and grading plans.
Commissioner Sletten seconded. Ayes - a11. "
d. Mr. Ralph Wagner, Probe Engineering, representing Roberts Properties,
spoke on behalf of the proposal.
e. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following were heard: -
Mr. Dean Hedlund, 2424 Keller Parkway,
Mr. Don McClellan, 961 E. County Road C
Ms. Bonnie Kislich, 2400 Keller Parkway
Mr. Don Watson, 985 E. County Road C
Mr. Don Christiansen, 1111 E. County Road C
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to approve the preliminary plat of Carsgrove's Meadows
preliminary plat of Carsgroves Meadows Addition and Carsgrove's Meadows Second
Addition subject to thefollowing conditions:
1. Construction of a 12" watermain from Gervais Avenue to County Road C through
the plat;
2. Construction of a storm seoaer and ponding system that will limit the rate
of runoff onto adjacent property to present levels as determined by the
City Engineer;
3. Construction of Connors Avenue to Cypress Street for a second means of
access to the proposed subdivision,
4. Construction of all internal plat improvements;
5. Include the proposed remnant parcel located west of the proposed Forest
Street, with the plat asan Outlot. This Outlot shall be combined with
the property to the west. The metes and bounds property description for
the plat shall be changed to. reflect the inclusion of this property;
6. Vacation of the 40 foot ingress-egress easement south from County Road
C;
7. Dedication of a street and utility easementfor that portion ofproposed
Forest Street which lies on the adjoining property to the west;
8. Staff approval'of a finished grading and drainage plan;
9. Dedication of 33 feet rather than 43 feet for the south half of County
Road C;
10. Transfer of the .7 persons/net acre density excess to the applicant's
_ property to the west; '
11. Drainage easements shall be dedicated along the back lot lines, as per
the City Engineer's direction;
12. Compliance with the recommendations of the Soil Conservation Service,
dated November 21, 1977;
13. Final plat approval cannot be granted until the EAW process has been completed;
14. Dedication of 10 foot temporary road way easements on the north and south
sides of the easterly 60 feet of proposed Connors and Delmont Avenues
for purposes of temporary cul-de-sacs. These easements areto be separate
from the plat.
Seconded by Councilman Bastian. Ayes - all.
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h. Councilman Bastian introduced the following resolution and moved its
adoption:
81 - 7 - 145
- WHEREAS, pursuant to the provisions of Minnesota Statutes, Section412.851,
thereof, the Maplewood City Council, upon Petition of a majority of the owners
- of the land abutting the street proposed to be vacated, and after a public
hearing proceeded by two (2) weeks published and posted notice, proposes
the vacation of the following described Cypress Street right of way, along
the west line of Block 3 Peter's Addition, Section 9, Township 29, Range
22, and except the N 783.75 feet, the East 30 feet of the East 1/2 of
- the West 1/2 of the NE 1/4 of the NW 1/4 of Section 9, Township 29N, Range
22Was filed and of record inthe Register of Deeds Office, Ramsey County,
Minnesota, to wit:
PROPERTY AFFECTED BY THE STREET VACATION -
1. Lots S - 14 Peter's Addition, Section 9, To 29N R.22W
2. Except the S 10 acres and except the north 885.8 feet lying east of
west 247.5 feet of the W 1/2 of the E 1/2 of NW 1/4, Subject to Roads
in Se. 9, T. 29N, R.22W
3. Except the N 145 feet of the W 147.5 feet, the east 247.5 feet of
the North 888.8 feet of the W 1/2 of the NE 1/4 of the N W 1/4, subject
to roads in Sec. 9, T. 29N, R. 22W
WHEREAS, the Maplewood City Council finds that the vacation of the
above described street and alley are in the interest of the public due
tochanging land uses and obsolete platting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County,
Minnesota, that the above described street be and hereby is, vacated and
- the City Clerk is hereby directed to prepare a notice of completion of
the proceedings pursuant to the provisions of Minnesota Statutes, ,Section
412.551 thereof, and shall cause the same to be presented to the County
Auditor for entry upon his transfer records and the same shall be thereafter
- filed with the Ramsey County Recorder.
Seconded by Mayor Greavu. Ayes - a11.
Mayor Greavu recessed the meeting at 7:46 P.M. to convene as the Board of Adjustments
- and Appeals.
Mayor Greavu reconvened the meeting at 8:10 P.Mo
4. Condor Strom Sewer 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
to improve the-area lying south of Lower Afton Road between McKnight Road
and Century Avenue described as apartment ownership No. 50 Connemara II, Maplewood
Project No. 78-18 by construction of storm sewer and appurtenances. The Clerk
stated the dates and that the hearing notice was published.
b. Manager Evans stated the City Council ordered the proposed work before,
but due to landacquisition difficulties, the project did not proceed.
The estimated cost for the proposed improvements is $35,000.00. The assessments
are recommended to be charged to Connemara IZ. The resulting cost is approxi-
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_ _
mately $350.00 per/unit.
If the City Council does order the improvements, it is recommended that action
be taken to approve the attached plans and authorize advertisement for bids.
c. Mr. Dan Boxrud, Short Elliott and Henderson, Consulting Engineers, presented
the specifics of the proposal.
d. Mayor Greavu called for. persons who wished to be heard for or against
the proposal. The following expressed their views:
Mr. James Riley, 2445 Londin Lane.
Mr.Don Kirk, 2445 Londin Lane, one of the Board of Directors of Connemara
II, stated he and the rest of the residents are in favor of the proposal.
Hewi11 submit a petition signed by theresidents statingthat they are
in favor of the proposal.
e. Mayor Greavu closed the public hearing.
f. Councilman Anderson moved to order the storm sewer improvement 78-18 as
presented and approved the plans and specifications and proceed with the bidding..
Seconded.by Councilperson Juker. Ayes - Councilperson Juker, Councilmen
Anderson and Nelson.
Nays - Mayor Greavu and Councilman Bastian.
Motion failed. (A 4 to 1 vote is required)
g. Councilman Anderson moved to reconsider the original motion.
Seconded by Councilman Nelson. Ayes - a11.
h. Councilman Anderson introduced the following resolution and moved its
adoption:
81 - 7 - 146
WHEREAS, aresolution of the City Council adopted the 18th day of June,
1981 fixed a date for-a Council hearing on the proposed improvement of that
area generally lying south of Lower Afton Road between McKnight Road and Century
Avenue described as Apartment Ownership No. 50 Connemara II (Improvement Project
78-18) by construction of storm sewers and appurtenances; and
WHEREAS, ten days' published notice of the hearing through two weekly
publications of the required notice was given and the hearing was held thereon
on the 16th day of July, 1981, at which all persons desiring to be heard were
given an opportunity to be heard thereon;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA:
1. Such improvement is hereby ordered as proposed in the Council resolution
adopted the 16th day of July, 1981.
2. That assessments for said project be charged to Connemara lI.
3. The City Engineer is hereby directed to prepare plans for the making
of such improvement.
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Seconded by Councilman Nelson. Ayes - Councilperson Juker; Councilmen Anderson
Bastian and Nelson.
Nays - Mayor Greavu.
i. Councilman Anderson introduced the following resolution and moved its
adoption:
81 - 7 - 147
WHEREAS, pursuant to resolution passed by the City Council on July 16,
1981, plans and specifications for Condor Storm Sewer (Improvement Project
78-18) have been prepared by or under the direction ofthe City Engineer and
he has presented such plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF MAPLEWOOD,
MINNESOTA:
1. Such plans and 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 (and in the Construction Bulletin) an advertisement for bids upon
the making of such improvement under such approved plans and specifications.
The advertisement shall be published two times, at least 21 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 bidsshall be considered unless sealed and filed with the Clerk and
accompanied by a certified check or bid bond, payable to the City of Maple-
wood, 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 and to tabulate the bids received.
Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen Anderson,
Bastian and Nelson.
Nays - Mayor Greavu.
5. Revenue Note: Pearson andLindbeck - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a request
from Pearson-Lindbeck for a mortgage Revenue Note in the amount of $350,000
to construct a 23,000 square foot warehouse facility to be located on the
east side of White Bear Avenue south of County Road B. The Clerk stated the
hearing notice was found to be in order andnoted the dates of publication.
b. Manager Evans presented the staff report.
c. Mr. Richard Pearson and Mr. Thomas Lindbeck, the applicants, spoke on
behalf of the proposal.
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.
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g. Mayor Greavu moved to approve the revenue note as requested byPearson-
Lindbeck subject to Council's established criteria and guidelines and introduced
the following resolution and moved its adoption:
81 - 7 - 148
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
- COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
- NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota
Municipal Industrial Development Act (the "Act") as found and determined by
the legislature is to promote the welfare of the State by the active attraction
and encouragement and development of economically sound industry and commerece
to prevent so far as possible the emergence of blighted and marginal lands
and areas of chronic unemployment;
(b) Factors necessitating the active promotion and development of econom-
- ically sound industry and commerce are the increasing concentration of population
in the metropolitan areas and the rapidly rising increase in the amount and
cost of governmental services required to meet the needs of the increased
population and the need for development of land use which will provide an
adequate tax base to finance these increased costs and access to employment
opportunities for such population;
(c) The City Council of the City of Maplewood ("the City") has received
from Pearson-Lindbeck Partnership, a partnership to be formed by Dick Pearson
and Thomas Lindbeck under the laws of the State of Minnesota (the "Company)
a proposal that the City undertake to finance a Project hereinafter described,
through the issuance of revenue bonds in the form of a single debt instrument
(the "Note") pursuant to the Act;
(d) The City desiresto facilitate theselective development of the commun-
ity, retain and improve the tax base and help to provide the range of services
and employment opportunities required by the population; and the Project will
assist the City in achieving those objectives. The Project will help to increase
assessed valuation of the City and surrounding areas and help maintain a positive
relationship between assessed valuation and debt and enhance the image and
reputation of the community;
(e) Company is currently engaged in the business of real estate development.
The Project to be financed by the Note is a warehouse facility to be located
in the City and leased to various tenants and consists of theconstruction
of buildings and improvements on land owned by Dick Pearson and Thomas Lindbeck
and will result in the employment of additional persons to work within the
new facilities;
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- (f) The City has been advised by representatives of Company that conventional,
commercial financing to pay the capital cost of the Project is available only
on a limited basisand at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly reduced, but Company
- has also advised this Council that with the aid of municipal financing, and
- its resulting low borrowing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City Council adopted June 1S, 1981,
a public hearing on the Project was held on July 16, 1981, after notice was
- published and materials made available for public inspection at the City Hall,
all as required by MinnesotaStatutes, Section 474.01, Subdivision 7b at which
public hearing all those appearing who so desired to speak were heard;
(h) No public official of the City has either a direct or indirect financial
interest in the Project nor will any public official either- directly or indirectly
benefit financially from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The Council hereby gives preliminary approval to the proposal of Company
that the City undertakethe Project pursuant to the Minnesota Municipal Indus-
. trial Development Act (Chapter 474, Minnesota Statutes), consisting of the
construction of facilities within the City pursuant to Company's specifications
suitable for the operations described above and to a revenue agreement between
the City and Company upon such terms and conditionswith provisions for revision
from time to time as necessary, so as to produce income and revenues sufficient
to pay, when due, the principal of and interest on the Note in the total princi-
pal amount of approximately $350,000 to be issued pursuant to the Act to finance
the construction of the Project; and said agreement may also provide for the
entire interest of Company therein to be mortgaged to the purchaser of the
Revenue Bonds; and the City hereby undertakes preliminarily to issue its Note
in accordance with such terms and conditions; -
2. On the basis of information available to this Council it appears,
and the Council hereby finds, that the Project constitutes properties, real
and personal, used or useful inconnection with one or more revenueproducing
enterprises engaged in any business within the meaning of Subdivision la of
Section 474.02 of the Act; that the Project furthers the purposed stated in
Section 474.01, Minnesota Statutes; that the availability of the financing
under the Act and willingness of the City to furnish such financing will be
a substantial inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will. be to encourage the development
of economically sound industry and commerce, to assist in the prevention of
the emergence of blighted and marginal land, to help prevent chronic unemploy-
ment, to help the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the population,
to help prevent the movement of talented and educated persons out of the state
and to areas within the State where their services may not be as effectively
used, to promote more intensive development and use of land within and adjacent
to the City and eventually to increase the tax base of the community;
3. The Project is hereby given preliminary approval by the City subject
- to the approval of the Project by the Commissioner of Securities, and subject
- - to final approval by this Council, Company, and the purchaser of the Note
as to the ultimate details of the financing of the Project;
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4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes,
the Mayor of the City is hereby authorized and directed to submit the proposal
for the Project tothe Commissioner of Securities and Real Estate, requesting
her approval, and other officers, employees and agents of the City are hereby
authorized to provide the Commissioner with such preliminary information as
she may require;
5. Company has agreed and it is hereby determined that any and all costs
incurred by the City in .connection with the financing of the Project whether
or not the Project is carried to completion and whether or not approved by
the Commissionerwill be paid by.Company;
6. Briggs and Morgan, Professional Association, acting as bond counsel,
is authorized to assist in the preparation and review of necessary documents
relating to the Project, to consult with the City Attorney, Company and the
pruchaser of the Note as to the maturities, interest rates and other terms
and provisions of the Note and as to the covenants and other provisions of
the necessary documents and to sumbit such documents to the Council for final
approval;
7. Nothing in this resolution or in the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on the Project other
than the revenues derived from the Project or otherwise granted to the City
for this purpose. Thp Note shall not constitutes charge, lien or encumbrance,
legal.or equitable, upon any property or funds of the City except the revenue
and proceeds pledged to the payment thereof, nor shall the City be subject
to any liability thereon. The holder of the Note shall never have the right
to compel any exercise of the taxing power of the City to pay the outstanding
principal on the Note or the interest thereon, or to enforce payment thereof
: against any property of the City. The Note shall recite in substance that
the Note including interest thereon, is payble solely from the revenue and
proceeds pledged to the payment thereof. The Note shall not constitute a
debt of the City within the meaning of any constitutional or statutory limitat-
ion;
8. In anticipation of the approval by the Commissioner of Securites and
Real Estate and the issuance of the Note to finance all or a portion of the
Project, and in order thatcompletion of the Project will not be unduly delayed
when approved, Company is hereby authorized to make such expenditures and
advances toward payment of that portion of the costs ofthe Project to be
financed from the proceeds of the Note as Company considers necessary, includ-
ing the use of interim, short-term financing, subject to reimbursement from
the proceeds of the be financedfrom the proceeds of the Note as Company
considers necessary, including the use of interim, short-term financing, subject
to reimbursement from the proceeds of the Note if and when delivered but other-
. wise without liability on the part of the City;
9. If construction of the Project is not started within one year from
the date hereof, from and after July 16, 1981 this resolution shall have no
force and effect and the preliminary approval herein granted is withdrawn.
Adopted by the City Council of the City of Maplewood, Minnesota, this
16th day of July, 1981.
/s/ Sohn Greavu
Mayor
- 12 - 7/16
Attest:
/s/ Lucille Aurelius
City Clerk
Seconded by Councilman Nelson. Ayes - Mayor Greavu; Councilmen Anderson,
Bastian and Nelson.
Nays - Councilperson Juker.
6. Rezoning - Woodlyn Avenue andMcKnight Road - Nettleton - 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
- of Mr. Mack Nettleton to rezone a 7.67 acre parcel of landlocated north of
Woodlyn Avenue and west of McKnight Road from F-R (Farm Residence) to R-3
(MultipleDwelling). The Clerk stated the hearingnotice was in order and
noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Fischer presented the following Planning Commission recommend-
ation:
"Commissioner Ellefson moved the Planning Commission recommend to the City
Council approval of the requested zone change from F, Farm Residence to R-
3, Multiple based onthe finding that the proposed zoning is consistent with
the Land Use Plan.
Commissioner Kishel seconded. Ayes a11."
d. Mr. Mack Nettleton, the applicant, spoke on behalf of his proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson introduced the following resolution and moved its
adoption:.
81-7- 149
WHEREAS, a petition was filed with the Clerk of the City of Maplewood
as provided under Section 915.010 of the Municipal Code of the City of Maplewood,
said petition having been signed by more than 50% of the owners of property
within 200 feet of the property described as follows:
That part north of Woodlyn Avenue of the south 905 feet of the
Northeast 1/4-of the Northeast 1/4 of Section 2, Township 29, Range 22
(subject to road)
which has been proposed forrezoning from F, Farm Residence District to R3,
Residence Distirct (Multiple Dwelling); and
WHEREAS, a public hearing was held on July 16, 1981 at 8:00 P.M. in the
City Hall, notice thereof having been duly published in the official City
newspaper, and notices of said hearing having been mailed to all property
owners of record within 350 feet of the area proposed for rezoning; and
- 13 - 7/16
WHEREAS, all objections and recommendations relative thereto were heard
by the City Council; and
WHEREAS, it appears for the best interest of the public that saidpetition
be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described rezoning be granted.
Seconded by Councilman Nelson. Ayes - a11.
7. Special Use Permit: Beam Avenue - Junek Construction - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding request
of Junek Excavating Company for a special use permit for excavation on property
north of Beam Avenue, west of Highway 61. The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of the special use permit for mineral extraction, subject to the r
following conditions:
1. Adherence to the requirements and standards seC forth in Section 917 (Min-
eral Extraction) of the City Code.
2. County Road D be used exclusively for access to the subject site.
3. In accordance with Section 917.060 (4), annual mineral extraction permits
must be obtained from the Director of Public Works. A plan for each year's
operation shall be approved by the City Engineer. Annual permits shall designate
the area, total acreage to be excavated, and quantity of material tobe removed.
4. All excavation shall be in accordance with each year's approvedplan.
No deviations shall be allowed without prior approval from the Director of
Public Works.
5. There shall be no explosive detonations of any kind on the site.
6. A suitable structure or method of operation must be employed to remove
excess dirt from truck bodies and tires prior to exiting onto a public right-
of-way.
7. A variance be granted allowing operation beyond the 30 foot zone established
in section 917.070 (2D) of City Code. If the variance is not granted, grading
- operations must comply with the above Code by ceasing 30 feet from property
lines while maintaining a 5:1 slope.
8. The permit holder is responsible for acquiring any permits from other
agencies.
9. All grading shall be in accordance with the grading plan for Beam Lake-
side (revision date 6-1-81).
- 14 - 7/16
Commissioner Hejny seconded.
Commissioner Prew moved an amendment to limit the mining operation to 40,000
cubic yards and add the following condition:
10. The special use permit shall be limited to one year.
Revise the following conditions to read:
3. In accordance with Section 917.060 (4), annual mineral extraction permits
must be obtained from the Director of Public Works. A plan for operation
shall be approved by the City Engineer. Permits shall designate the area,
total acreage to be excavated, and quantity of material to be removed.
4. A11excavation shall be in accordance with the approved plan. No deviations
shall be allowed without prior approval from the Director of Public Works.
Commissioner Fischer seconded. Ayes - all.
Voting on the motion as amended: Ayes - a11."
d. The applicant was not in attendance at the meeting.
e. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their views:
Mrs. Marilyn Vars, 1140 Beam Avenue
Mr. Talmadge Carey, 1174 E. County Road D
Mr. Voya Piletich, 2130 Arcade Street
Mr. Arthur Manke, 1210 Beam Avenue
Mr. Jeff Bloomquist, 1174 Beam Avenue
Ms. Karen Barnhart, 1134 E. County Road D
Mr. John Sculley, Little Canada resident. -
f. Mayor Greavu closed the public hearing.
g. Councilman Nelson moved to continue the hearing for the special use permit
as requested by Junek Construction until the first meeting in September and
that the staff notify all contractors working on this property finish the
conditions on the existing grading permit and that no further permits be issued
until a plat is submitted.
Seconded by Councilman Anderson. Ayes - a11.
Mayor Greavu recessed the meeting at 10:52 P.M. to reconvene as the Board of Appeals
and Adjustments.
Mayor Greavu reconvened the meeting at 10:55 P.M.
Councilman Bastian moved to suspend the Rules of Procedures to hear Item J-7 and
J-4 at this time.
Seconded by Mayor Greavu. Ayes - a11.
J. NEW BUSINESS
- 15 - 7/16
7.. Final Approval - Revenue Note - Voight and Fourre
a. Councilman Anderson voiced his concernsregarding this revenue note financing.
b. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 7 - 150
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota,
as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-l. 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 assignedto them
in the Loan Agreement unless the context or use thereof indicates another
or different meaning or intent.
Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended;
Assignment of Leases and Rents: the agreement to be executed by the Borrower
assigning all the rents, issues and profits derivedfrom 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: St. Paul Business Center, aMinnesota general partnership,
its successors., assigns, and any surviving, resulting or transferee business
entity which may assume its obligations under the Loan Agreement;
City: the City of Maplewood, Minnesota, its successors and assigns;
Construction Loan Agreement: the agreement to be executed by the City,
the Borrower and the Lender, relating to the disbursement and payment of Project
Costs for the construction and installation of the Improvements;
Guaranty: the personal guarantyto be executed by William S. Reiling
and Donald Bachmeier, 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;
Land: the real property and any other easements and rights described
in Exhibit A attached to the Loan Agreement;
- 16 - 7/16
Leases: all leases now or hereafter affecting the Land;
Lender: First National Bank of Minneapolis, Minneapolis,
Minnesota, its successors and assigns;
Loan Agreement: the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mortgage: the Mortgage, Security Agreement and Fixture
Financing Statement to be executed by Daniel W. Fourre, James
D. Voight and Robert L. Reiling and their respesctive spouses
and the Borrower as mortgagor, to the Lender, as mortgagee,
securing payment of the Note and interest thereon;
Note: the $3,000,000 Commercial Development Revenue Note
of 1981 St. Paul Business Center Project), to be issued by the
City pursuant to this Resolution and the Loan Agreement;
Note Register: the records kept by the City Clerk to
provide for the registration of transfer of ownership of the
Note;
Plans and Specifications: the plans and specifications
for the construction and installation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and .are approved by the Lender;
Principal Balance: so much of the principal sum on the
Note as from time to time may have been advanced to or for the
benefit of the City and remains unpaid at any time;
Project: the Land and Improvements as they may at any
time exist;
Project Costs: the total of all "Construction Costs" and
"Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution: this Resolution of the City adopted
1981, together with any supplement or amendment
thereto.
Three Month C/D Rate: the rate of interest quoted each
Monday in The Wall Street Journal (or, if The Wall Street
Journal is not published on a Monday, on the next succeeding
business day), in the "Money Rates" column as the interest rate
representing the guide to levels of interest on Certificates of
- Deposit for three months. If said interest rate ceases to be
published in The Wall Street Journal, then a similar index,
acceptable to both Borrower and Lender shall be used.
- 17 - 7/16
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1-2. Legal Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1-3. Findings.
The City Council has heretofore determined, and does
hereby determine, as follows:
(1) The City is authorized by the Act to enter into a
Loan Agreement for the public purposes expressed in the Act;
(2) The City has made the necessary arrangements with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described 'in
the Loan Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the _Assignment of Loan Agreement, the Note and
the Construction Loan Agreement, which documents specify the
terms and conditions of the acquisition and financing of the
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, encouragement and
development of economically sound industry and commerce so as
' to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the develop-
ment of revenue-producing enterprises to use the available
resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the halting of the movement of talented,
educated personnel of all ages to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the 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;
- 18 - 7/16
(4) the amount estimated to be necessary to 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 $3,000,000 as
hereinafter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the P1ote, for the
purpose of financing the Improvements to be included in the
Project;
(6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or interest
thereon; and
(7) The Note is an industrial development bond within the
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
(D) of Section 103(b)(6) of the Code with respect to an issue
of $10,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1-4. Authorization and Ratification of Project.
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 Speci-
fications by such means as shall be available to the Borrower
and in the manner determined by the Borrower, and without
advertisement for bids as may be required for the construction
and acquisition of municipal facilities; and the City hereby
ratifies, affirms, and approves all actions heretofore taken by
the Borrower consistent with and in anticipation of such
authority and in compliance with the Plans and Specifications.
1-5. Authorization of Permanent Tax Exempt
Financing
(1) The City hereby determines that the financing
for the Improvements is intended to consist of (a) the Note to
be issued by the City to the Lender to provide construction
financing and (b) a tax exempt permanent loan to refund the
Note; and the Borrower is presently seeking a permanent tax
exempt loan commitment.
- 19 - 7/16
(2) In order to induce the Borrower to undertake the
Improvements and pursuant to Section 474.07 and other relevant
portions of the Act, the City hereby authorizes permanent tax
exempt financing and covenants to exercise its best efforts to
provide such financing for the Improvements in, an amount not to
exceed $3,000,000 for the purpose of refunding the Note in the
form of a mortgage revenue note or notes.
(3) This approval and authorization is subject to
such conditions as the City customarily requires for such
financing and subject to agreement as to details by the City,
the Borrower and the permanent lender.
ARTICLF. TWO
NOTE
2-1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
appropriate variations, omissions and insertions as .are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $3,000,000 unless a duplicate Note is
issued pursuant to Section 2-7. The Note shall be in
substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1981
(St. Paul Business Center Project)
$3,000,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the "City") hereby promises to pay FIRST
NATIONAL BANK OF MINNEAPOLIS, Minneapolis, Minnesota (the
"Lender"), its successors or registered assigns, from the
source and in the manner hereinafter provided, the principal
sum of Three Million Dollars ($3,000,000), 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 a rate equal to seventy-five percent
- 20 - 7/16
(7.58) of the Three Month C/D Rate per annum or at such higher
late as hereinafter provided, in any coin or currency which at
the time or times of payment is legal tender for the payment of
public or private debts in•the United States of America, in
accordance with the terms hereinafter set forth.
1. (a) From and after the date hereof, interest
only shall be paid at the Rate of seventy-five percent (758) of
the Three Month C/D Rate per annum. Interest shall accrue from
and after the date of each and every advance so made under this
Note and shall be payable on the first day of the calendar
month next succeeding the date upon which the first advance is
made, and on the first day of each and every month thereafter,
until December 1, 1982. The entire principal balance and all
accrued interest from December 1, 1982 shall be due on December
31, 1982 (the "Final Maturity Date") unless Lender elects to
extend the Final Maturity Date to a date no later than June 30,
1983. In the event that the Lender elects to extend the Final
Maturity Date as provided above, interest shall continue to
accrue and.. be payable on the first day of each and every month
until the extended Final Maturity Date, at which time all
accrued interest and the entire principal balance shall be due
and payable.
(b) Payments shall be applied first to interest
due on the Principal Balance and thereafter to reduction of the
Principal Balance as specified in subparagraph (a) above.
(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
_ to the Borrower a copy of the notice of the "Determination of
Taxability the interest rate shall be immediately increased
to three percent (38) in excess of the Three Month C/D Rate per
. annum and each monthly installment thereafter payable shall be
accordingly adjusted.
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. If the Lender should not receive on the first day
of any month all of the interest then due on the Note, and if
the City should continue to be in arrears through the fifteenth
day of such month, then, in addition to all other sums due
hereunder, the Lender shall be entitled to receive on the
sixteenth day of such month a service charge equal to four
percent (4.00$) of the delinquent principal and interest.
4. Principal and interest due hereunder shall be
payable at the principal office of the Lender, or at such other
place as the Lender may designate in writing.
- 21 - 7/16
5. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivision la,
Minnesota Statutes, consisting of the construction and
installation of an office complex of four buildings containing
office and warehouse space, pursuant to a Loan Agreement of
even date herewith between the City and St. Paul Business
Center Partners (the "Borrower") (the "Loan Agreement"), and
this Note is further issued pursuant to and in full compliance
with the Constitution and laws of the State of Minnesota,
particularly Chapter 474, Minnesota Statutes, and pursuant to a
resolution of the City Council duly adopted on
(the "Resolution"). Pursuant to the Resolution, the City has
also covenanted to exercise its best efforts to provide long
term tax exempt financing in such amount as is required to
fully discharge this Note and the net proceeds of any long term
financing are pledged exclusively for the payment of this Note
issued to finance the Improvements.
6. This Note is secured by an assignment of the Loan
Agreement by the City to the Lender, a Mortgage, Security
Agreement and Fixture Financing Statement, of even date
herewith between Daniel W. Fourre, James D. Voight and Robert
L. Reiling and their respective spouses and the Borrower, as
mortgagor, and the Lender as mortgagee (the "lortgage"), by an
Assignment of Leases and Rents, of even date herewith, from the
Borrower to the Lender (the "Assignment of Leases and Rents")
and the Guaranty from William S. Reiling and Donald L.
Bachmeier to the Lender. 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
Agreement").
7. The Lender may extend the times of payments of
interest or any penalty or premium due on this Note, including
the date of the Final Maturity Date to a date no later than
June 30, 1983, without notice to or consent of any party liable
_ .hereon and without releasing any such party.
8. This Note may be prepaid in whole or in part at
_ any time without penalty or premium. The Lender shall apply
any such prepayment against the accrued interest on the
Principal Balance and then against the final principal amount
due under the note.
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.
- 22 - 7/16
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
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 Clerk, duly executed by the Lender or his duly authorized
agent. Upon such transfer the Clerk will note the date of
registration and the name and address of the new registered
Lender in the registration blank .appearing below. The City may
deem and treat the person in whose name the Note is last
registered upon the books of the City with such registration
noted on the Note, as the absolute owner hereof, whether or not
overdue, for the purpose of receiving payment of or on the
account, for the purpose of receiving payment of or on the
account of the Principal Balance, redemption price or interest
and for all other purposes, and all such payments so made to
the Lender or upon his order shall be valid and effective to
satisfy and discharge the liability upon the Note to the extent
of the sum or sums so paid, and the City shall not be affected
by any notice to the contrary.
11. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mos:.gage, 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.
12. This Note and interest thereon and any penalty or
premium due hereunder are payable solely from the revenues and
proceeds derived from the Loan Agreement, the Mortgage and the
Assignment of Leases and Rents, and do not constitute a debt of
the City within the meaning of any constitutional or statutory
limitation, are not payable from or a charge upon any funds
other than the revenues and proceeds pledged to the payment
thereof, and do not give rise to a pecuniary liability of the
City or, to the extent permitted by law, of any of its
officers, agents or employees, and no holder of this Note shall
ever have the right to compel any exercise of the taxing power
of the City to pay this Note or the interest thereon, or to
enforce payment thereof against any property of the City, and
this Note does not constitute a charge, lien or, encumbrance,
legal or equitable, upon any property of the City, and the
agreement of the City to perform or cause the performance of
the covenants and other provisions herein referred to shall be
subject at all times to the availability of revenues or other
funds furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such performance or
the enforcement thereof.
- 23 - 7/16
13. 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 interest within ten (10) days after the
due date, or any premium due hereunder, or if an Event of
Default shall occur, as set forth in the Mortgage, the
Assignment of Leases and Rents, the Construction Loan Agreement
or the Loan Agreement, then the Lender shall have the right and
option to declare, upon ten (10) days written notice, the
Principal Balance and accrued interest thereon, immediately due
and payable, but solely from sums made available under the Loan
Agreement and Mortgage. Failure to exercise such option at any
time shall not constitute a waiver of the right to exercise the
same at any subsequent time.
14. 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.
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 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.
16. This Note has been issued without registration
under state or federal or other securities laws, pursuant to an
exemption for such issuance; and accordingly the Note may not
be assigned or transferred in whole or part, nor may a
participation interest in the Note be given pursuant to any
participation agreement, except in accordance with an
applicable exemption from such registration requirements.
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required to exist, happen and be
performed precedent to or in the issuance of this Note do
exist, have happened and have been performed in regular and due
form as required by law.
IN WITNESS WHEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures of the
Mayor and Clerk and has caused the corporate seal to be affixed
hereto, and has caused this Note to be dated ,
1981.
CITY OF MAPLEWOOD, MINNESOTA
- 24 - 7/16
Mayor
Attest:
(SEAL)
Seconded by Mayor Greavu. Ayes - a11.
Councilperson Juker moved to suspend the Rules of Procedures andextend the agenda
past the meeting time deadline.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilperson Juker,
.Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
4. Linwood Avenue Improvement
a. Manager Evans stated the City Council recently ordered improvements along
Linwood Avenue east of McKnight Road. Proceeding with the project is contingent
on the petition sponsor, Mr. Kurt Schwichtenberg entering into a developer
agreement with theCity.
Mr. Schwichtenberg has requested to appear before the Council to present an
alternative financing proposal. His proposal departs from established City
procedures.
Requiring developers to finance their share of the project cost and the present
developer agreement have a good track record and are in the City's best interest.
- Most developers do not find these procedures restrictive and normally comply
with -the requirement quite readily.
Staff recommends that the City Council takeno action on-this matter and leave
their previous action stand.
b. Mr. Kurt Schwichtenberg, the developer, spoke on behalf of his request
and stated if this improvement is assessed, he will not dispute his assessments.
- c. Mayor Greavu introducedthe following resolution andmoved its adoption•
81 - 7 - 151
WHEREAS, the City Council, on the 4th day of June, 1981, resolved that
Linwood Avenue Sanitary Sewer (Improvement Project 80-15) be ordered and plans
and specifications be prepared; and
WHEREAS, the developer, Schwichtenberg Properties, has requested to be
assessed for the non-petitioned portion of said project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. The development agreement shall address 276 feet of the developer's property;
- 2. The developer agrees to pay the assessments on the remaining property.
- 25 - 7/16
Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilmen
Anderson, Bastian and
Nelson.
Nays - Councilperson Juker.
H. UNFINISHED BUSINESS
1. Valley Branch Water Shed District Assessments
a. Manager Evans presented the staff report.
b. .Councilperson Juker moved to deny payment of the special assessment from
the ValleyBranch Watershed District.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker,
- Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
2. Sign Code Amendment: Billboards
a. Mayor Greavu moved to table this item until the next regular meeting.
Seconded by Councilman Bastian. Ayes - a11.
I. VISITOR PRESENTATIONS
None.
J. NEW BUSINESS
1. Sale of City Property - Radatz Avenue
a. Manager Evans presented the staff report.
b. Commissioner Lorraine Fischer presented the following Planning Commission
report:
"Commissioner Fischer moved the Planning Commission recommend to the City
Council adoption of a finding that the 120 by 555 foot parcel, located between
Radatz and Beam Avenues and east of White Bear Avenue, is land in excess of
the public need, subject to the retention of a 20 foot wide utility easement,
centered on the existing water main on the basis that:
1. The parcel was condertated and obtained by the City in 1974 to construct
a water main
- 2. The watermain has been constructed
3. It is not in the public interest to construct a street along the subject
corridor
4. Maintenance of the property is presently less than adequate.
Also, authorize staff to take whatever steps are necessary to sell the subject
parcel at market value. Approval of the division and purchase of the requested
5 by 296 foot parcel, subject to sale at fairmarket value, as determined
by an appraisal.
Commissioner Kishel seconded. Ayes - a11."
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c. Councilperson Juker moved to adopt the finding that the property as described on Radatz
Avenue is land in excess of the public need and authorized the properiv to be sold based on
the four recommendations in the staff and Planning Commission Report and that the monies
be placed in the road fund.
Seconded by Mayor Greavu. Ayes -all.
2. I - 494/Century Avenue Interchange
a. Manager Evans presented the staff report and stated the City of Woodbury is reviewing
an application for a development that would eliminate the interchange at I-494 and Century
Avenue proposed in the Maplewood Plan. An Environmental Assessment Worksheet was
prepared and submitted to Maplewood as part of the review process. It is recommended a
letter responding to the EAW be forwarded.
b. Councilman Bastian moved that the Manager be instructed to forward a letter to
Woodbury opposing the elan and inform the Metropolitan Council of Maplewood's concerns.
Seconded by Councilman Anderson. Ayes -all.
3. Resolution of Appreciation
a. Gary Sjolander
1. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 7 - 152
WHEREAS, Garry Sjolander became a member of the Community Design Review Board
of Maplewood in March 1977 and has served faithfully in that capacity;
WHEREAS, he has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership and effort in many ways for the benefit of the City;
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and the citizens of the City that Garry Sjolander is hereby extended
our heartfelt gratitude and appreciation for his dedicated service and we wish his continued
success in the future.
Seconded by Councihnan Bastian. Ayes -all.
b. Maplewood Garden Club
1. Mayor Greavu moved that a letter of appreciation be forwarded to the Maplewood
Garden Club thanking them for the plantine and maintenance of the floral planter in front
of the Municipal Building,
Seconded by Councilman Bastian. Ayes -all.
5. McKnight Road Watermain.
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a. Manager Evans presented a feasibility study for the McKnight Road Watermain
_ project. The watermain recommended alongMcKnight Road southof Larpenteur
Avenue is a needed facility, particularly in viewof the rapid development
around the Maryland Avenue area.
The report does, however, identify one overriding negative factor. The estimated
cost of the watermain installation could be reduced by approximately $90,000
if done in conjunction with Ramsey County's upgrading of McKnight Road. Their
work is scheduled for either 1982 or1983. It is staff's position that waiting
to install the watermain until the road upgrading is the most reasonable direct-
- ion for the City at this time.
It is recommended the City Council take no action on this study but direct
staff to file the report for reference when the McKnight Road upgrading is
considered.
b. No action taken. Council instructed staff to file the report for reference.
6. Cancellation of Interest - M/DOT
a. Councilman Bastian moved to cancel the interest on the special assessment
recently paid by M/DOT in the amount of $368.21 (Water Improvement 4).
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Bastian and
Nelson.
Nays - Councilman Anderson and Councilperson
Juker.
8. Pay Scale for Puppeteers
a. Manager Evans presented the staff report.
b. Councilperson Juker moved to establish the puppeteers pay scale for special
shows as $25.00 per show per puppeteer.
Seconded by Councilman Bastian. Ayes - a11.
K. COUNCIL PRESENTATIONS
1. Cable TV
a. Councilman Anderson reported on the Cable TV Committee meeting and stated
a list of the Community Leaders is needed by July 22, 1981.
2. Request - Previously - Sewer Cuts in street
a. Councilman Anderson questioned what has happened regarding his previous
request about sewer cuts in the street.
b. Staff to investigate.
3. Rules of Procedures
a. Councilman Bastian discussed the Rules of Procedures.
b. No action taken.
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4. Commission Picnic
a. Councilperson Juker moved that Councilman Bastian establish a date for
the Commissioner's Picnic and will be in charge of the arrangements.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson. Juker,
Councilmen Anderson and Nelson.
Councilman Bastian abstained.
- 5. Discussed under K-2.
6. Rent Control
a. Mayor Greavu discussed a request from a resident from the south end of
the City regarding rent control.
b. Referred to the H.R.A.
7. Hobbs House
a. Mayor Greavu stated the Hobbs House on Skillman Avenue has been sold.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
12:00 Midnight
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City Clerk
- 29 - 7/16.