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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. - 1 - 7/16 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 - 2 - 7/16 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: ~ _ 7/1 Fi 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: - 4 - 7/16 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. - 5 - 7/16 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. - 6 - 7/16 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- - 7 - 7/16 _ _ 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. - 8- 7/16 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. - 9 - 7/16 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; - 10 - 7/16 - (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; - 11 - 7/16 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." - 26 - 7/16 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. - 27 - 7/16 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 $25.00 per show per puppeteer. Seconded by Councilman Bastian. Ayes - a11. K. COUNCIL PRESENTATIONS 1. Cable TV a. Councilman Anderson reported on the Cable TV Committee meeting and stated a list of the Community Leaders is needed by July 22, 1981. 2. Request - Previously - Sewer Cuts in street a. Councilman Anderson questioned what has happened regarding his previous request about sewer cuts in the street. b. Staff to investigate. 3. Rules of Procedures a. Councilman Bastian discussed the Rules of Procedures. b. No action taken. - 28 - 7/16 4. Commission Picnic a. Councilperson Juker moved that Councilman Bastian establish a date for the Commissioner's Picnic and will be in charge of the arrangements. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson. Juker, Councilmen Anderson and Nelson. Councilman Bastian abstained. - 5. Discussed under K-2. 6. Rent Control a. Mayor Greavu discussed a request from a resident from the south end of the City regarding rent control. b. Referred to the H.R.A. 7. Hobbs House a. Mayor Greavu stated the Hobbs House on Skillman Avenue has been sold. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 12:00 Midnight -G_-c-e~,c,J ~<~$-~-cc~~~ City Clerk - 29 - 7/16.