HomeMy WebLinkAbout08.21.80MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, August 21, 1980
Council Chambers, Municipal Building
Meeting No. 80-21
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building and called to order at 7:30 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. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Meeting No. 80-17 (July 17, 1980)
Councilman Anderson moved to approve the Minutes of Meeting No. 80-17 (July 17, 1980)
as submitted.
Seconded by Councilman Nelson. Ayes - all.
2. Meeting No. 80-18 (July 24, 1980)
Councilman Nelson moved to approve the Minutes of Meeting No. 80-18 (July 24, 1980)
as sumbitted.
Seconded by Councilperson Juker. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Newspaper Article
2. Garbage Ordinance
3. Alarm Ordinance
4. Contracts
5. Letters to LCMM
6. Appointment of Emergency Preparedness Director
7. Budget Information
8. H.R.A. Minutes
9. Final Approval - Mogren Brothers Commercial Revenue Note
Seconded by Councilperson Juker. Ayes - all.
E. CONSENT AGENDA
Councilman Nelson moved, seconded by Councilman Anderson, Ayes -all, that the Consent
Agenda, Items 1 through 5, be approved as recommended.
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses, Check No. 004562
through Check No. 004621 - $71,221.53; Check No. 006533 through Check No. 006688
$122,417.55: Part II - Payroll - Check No. 25181 through Check No. 25322 -
$56,607.28) in the amount of $250,246.36.
2. Acceptance of Election Judges
Resolution No. 80-7-166
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following
list of Election Judges for the 1980 Primary Election, Tuesday, September 9, 1980:
Precinct No. 1
Precinct No. 7
Eleanor Mathews
Margaret Wolszon
Lorraine Schneider
Myrtle Malm
Maryls Hartman
Betty Haas
Mike Wasiluk
Wyman Hageman
Idamae Biebighauser
Esther Dollerschel
Patricia Blanck
Armella Podgorski
Agnes Allen
Albert Raschke
Precinct No. 2
Precinct No. 8
Pat Thompson
Jean Myers
Evelyn Axdahl
Evelyn Tarara
Kathleen Dittel
Lorraine Fischer
Bea Hendricks
Rita Frederickson
Florence Stella
Mildred Houck
Wilma Goertzen
Edith Stottlemeyer
Karen Burton
Precinct No. 3
Precinct No. 9
Jeanne Schadt
Ida Szczepanski,
Barb Leiter
Mary Johnson
Doris Broady
Peter Fischer
Charlotte Wasiluk
Bernadine Mortensen
Janet Niska
Mary Albrecht
Alice Miller
Dolores Mallet
Delores Coleman
Vickie Anderson
Precinct No. 4
Precinct No. 10
Caroline Warner
Anne Fosburgh
Joyce Lipinski
Mary Lou Lieder
Marjory Tooley
Dorothy Arbore
Jeanne McNulty
Lucille Cahanes
Nancy Embertson
Lorraine Tepe
Judy Widholm
Precinct No. 5
Precinct No. 11
Jeanne Hafner
Delores Lofgren
Emma Klebe
Maxine Olson
Sibbie Sandquist
Arline Holst
Phyllis Erickson
Shirley Luttrell
Lynette Leonard
Janet Gabor
Joyce Schmidt
Joan Garvey
Lorraine O'Connell
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Precinct No. 6
Kathy Supan
Diane Bergeson
Linda Ashfield
Lois Eastman
Janet Kampf
Sandy Jones
Linda Prigge
Precinct No. 12
Mary Libhardt
Audrey Duellman
Deloris Fastner
Mildred Dehen
Virginia Glover
Orpha Getty
Georgia Schwandt
3. Temporary Gambling Permit - St. Jerome's Church
Approved St. Jerome's Church application for a temporary gambling permit for Sept-
ember 21, 1980.
4. Hearing Date - Underage Liquor Sale
Establish a hearing date of September 4, 1980, 8:30 P.M. regarding forfeiture of
bond of Party Time Liquors, 1730 Van Dyke Street, for underage sales.
5. Hearing Date: Commercial Revenue Note - Schreier - Highway 36
Resolution No. 80-8-167
WHEREAS,
(a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act") gives municipalities the power to issue revenue bonds
for the purpose of the encouragement and development of economically sound industry
and commerce to prevent so far as possible the emergence of blighted and marginal
lands and areas of chronic unemployment;
(b) The City Council of the City of Maplewood (the "City") has received from
Gervais Associates, a partnership consisting of Richard Schreier and others to be
determined, a partnership organized under the laws of the State of Minnesota (the
"Company") a proposal that the City assist in financing a project hereinafter de-
scribed, through the issuance of its industrial revenue bonds (which may be in the
form of a single debt instrument) (the "Bonds") pursuant to the Act;
(c) Before proceeding with consideration of the request of the Company it is
necessary for the City to hold a public hearing on the proposal pursuant to Section
474.01, Subdivision 7b, Minnesota Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA, as follows:
1. A Public Hearing on said proposal of the Company will be held at the time
and place set forth in the Notice of Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount
of bonds to be issued to finance the proposal are described in the form of Notice
of Hearing hereto attached.
3. The Notice of said Public Hearing shall be in substantially the form con-
tained in the Notice hereto attached.
9 n1—
4. A draft copy of the proposed application to the Commissioner of Securities,
State of Minnesota, for approval of the project, together with proposed forms of all,,,,,
attachments and exhibits thereto, is on file in the office of the City Clerk.
5. The City Clerk is hereby authorized and directed to cause notice of said
hearing to be given one publication in the official newspaper and a newspaper of
general circulation available in the City, not less that 15 days nor more than 30
days prior to the date fixed for said hearing, as shown in the notice of hearing
hereto attached.
Adopted by the City Council of the City of Maplewood, Minnesota, this 21st day
of August, 1980.
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR AN INDUSTRIAL
FACILITIES DEVELOPMENT PROJECT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of the City of Maplewood, Minnesota,
will meet at City Hall in the City of Maplewood, Minnesota, at 8:30 p.m, on September
18, 1980, to consider the proposal of Gervais Associates, a partnership consisting of
Richard Schreier and others to be determined, that the City assist in financing a
project hereinafter described by the issuance of industrial development revenue bonds.
Description of Project
The acquisition of land and the construction of a storage warehouse
on Gervais Avenue, approximately the 1800 block, in the City of Maplewood,
Minnesota.
The estimated principal amount of bonds or other obligations to be issued to
finance this project is $900,000.
Said bonds or other obligations if and when issued will not constitute a charge,
lien or encumbrance upon any property of the City except the project and such bonds
or obligations will not be a charge against the City's general credit or taxing powers
but are payable from sums to be paid by Gervais Associates pursuant to a revenue agree-
ment.
A draft copy of the proposed application to the Commissioner of Securities,
State of Minnesota, for approval of the project, together with all attachments and
exhibits thereto, is available for public inspection beginning August 22, 1980, from
8:00 a.m. to 5:00 p.m., Monday through Friday, at City Hall.
At the time and place fixed for said Public Hearing, the City Council of the City
of Maplewood will give all persons who appear at the hearing an opportunity to express
their views with respect to the proposal.
Mayor Greavu recessed the meeting at 7:33 P.M. to convene as the Maplewood Board of
Appeals and Adjustments.
Mayor Greavu reconvened the meeting at 7:41 P.M.
- 4 - 8/21
G. AWARD OF BIDS
1. East Shore Drive - Frost Avenue Water Improvement Project 78-9
a. Manager Evans presented the staff report.
b. Councilman Anderson introduced the following resolution and moved its adoption:
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Larson Excavating, Inc., in the amount of $88,032.00 is the lowest responsible
bid for the construction of Frost Avenue and East Shore Drive (Improvement Project
78-9) (Phase II), and the Mayor and Clerk are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of the City.
Seconded by Councilman Nelson. Ayes - all.
3. Tail Gate Spreaders
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the following resolution and moved its adoption:
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the net
bid of Garwood Twin Cities Truck Equipment Company in the amount of $8,860.00
is the lowest responsible bid for the provision of four Tailgate Sanders (Meyers
UTG-700 Spreaders w/cono-chem coating), and the Mayor and Clerk are hereby author-
ized and directed to enter into a contract with said bidder for and on behalf of
the City.
Seconded by Councilman Nelson. Ayes - all.
F. PUBLIC HEARINGS (continued)
2. Preliminary Plat - Gonzalez Addition - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Rodolfo Gonzalez, 2626 Keller Parkway, to subdivide the property into 5
dwelling lots. The Clerk noted the dates of publication and stated the hearing
notice was found to be in order.
b. Manager Evans presented the staff report with the following recommendation:
I. Approval of the Gonzales Addition preliminary plat, with the following con-
ditions:
1. The Applicant shall dedicate a ponding easement to the City for a portion
of the two acre foot holding pond, the location to be determined by the
City Engineer.
2. Payment of deferred assessments of $1312.50 for sanitary sewer and $630.15
for, street improvements on County Road C.
3. An erosion control and grading plan shall be prepared with the advice of
the Soil Conservation Service, and submitted for staff approval prior to
final plat approval.
- 5 - 8/21
II. Approval of variances of lot width for parcel one based on the finding that
the variance is caused by the dedication of additional right-of-way which the
County will be reducing in its proposed street plan.
c. Chairman Les Axdahl presented the following Planning Commission recommendatio>z'
"Commissioner Sletten moved the Planning Commission recommend to the City Council
approval of the Gonzalez Addition preliminary plat, with the following conditions:
1. The holding pond to be as determined by the City Engineer.
Lots 1 and 2 to be combined into one lot.
2. Payment of deferred assessments of $1312.50 for sanitary sewer and $630.15
for street improvements on County Road C.
3. An erosion control and grading plan shall be prepared with the advice of
the Soil Conservation Service, and submitted for staff approval prior to
final plat approval.
Commissioner Howard seconded.
Commissioner Fischer moved an amendment to strike the requirement for merging
of lots 1 and 2 into one lot and leave them as two separate lots as originally
submitted.
Commissioner Pellish seconded. Ayes 8
Nays 2 (Commissioner Howard and Whitcomb)
Voting on the motion as amended: Ayes 9
Nays 1 (Commissioner Howard)"
d. Mr. Gonzalez, the applicant, explained his request.
e. Mayor Greavu called for proponents. The following were heard:
Mr. Philip Clyde.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson moved to table this matter until November 6, 1980 for
further investigation.
Seconded by Councilperson Juker. Ayes - all.
3. Preliminary Plat: Schwichtenberg Addition - 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Schwichtenberg Properties to subdivide a 3.49 acre parcel of land located south
of Linwood Avenue and east of VanDahl Addition into 13 lots. The Clerk noted the
dates of publication and stated the hearing notice was found to be in order.
b. Manager Evans presented the staff report with the following recommendation:
Approval of the preliminary plat, on the basis that the plat would be consistent
with the City's Comprehensive Plan, Zoning and Subdivision regulations.
- 6 - 8/21
Approval includes the following conditions:
1. The final plat shall not be approved until:
a. Provision is made to extend sanitary sewer to the lots on Linwood Avenue
b. Lot 13 shall be changed to "outlot A"
c. A signed developers agreement is submitted to the Director of Public Works
for his approval. The developers agreement shall include:
1) construction and easements for temporary cul-de-sacs at the end
of Dorland and Dahl Roads
2) storm sewer easements along the east line of lots 11 and 12 and over
the existing pond
3) final approval of grading, drainage, and utility plans
4) implementation of erosion control measures, as recommended by the
Soil Conservation Service
5) extension of the Dorland Road sewer to serve lots 1 and 2
2. Payment of the cash connection charge for watermain service in Linwood Avenue
(4200)
3. Removal of the barn and garages or redraw lots one and eight to get the barn
and house on one lot.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Pellish moved the Planning Commission recommend to the City Council
approval of the preliminary plat, on the basis that the plat would be consistent
with the City's Comprehensive Plan, Zoning and Subdivision regulations.
Approval includes the following conditions:
1. The final plat shall not be approved until:
a. The requirements for ordering the Hillwood Drive-Dorland Road Improvement
project have been met.
b. Lot 13 shall be changed to "outlot A".
c. A signed developers agreement is submitted to the Director of Public Works
for his approval. The developers agreement shall include:
1) construction and easements for temporary cul-de-sacs at the end of
Dorland and Dahl Road
2) storm sewer easements along the east line of lots 11 and 12 and over
the existing pond
3) final approval of grading, drainage, and utility plans
4) implementation of erosion control measures, as recommended by the
Soil Conservation Service
5) extension of the Dorland Road sewer to serve lots 1 and 2
2. Payment of the cash connection charge for watermain service in Linwood Avenue
(4200)
- 7 - 8/21
3. Removal of the barn and garages or redraw lots one and eight to get the barn
and house on one lot.
Commissioner Ellefson seconded. Ayes all."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to table until after the 8:15 P.M. hearing.
Seconded by Councilman Anderson. Ayes - all.
H. UNFINISHED BUSINESS
1. Council Rules of Procedures
a. Councilman Bastian moved to amend the Maplewood Rules of Procedure, Section 1,
as follows:
"Curfew: No additional agenda item will be discussed after 10:30 P.M. No dis-
cussion will continue past 11:30 P.M. Meetings adjourned under this policy will
be continued to the next Thursday at 7:00 P.M. The continued meeting will start
at the point on the agenda where adjournment occured. No new items will be added
to the continued meeting agenda."
Seconded by Councilperson Joker.
F. PUBLIC HEARINGS (continued)
Ayes - Councilmen Anderson and Bastian.!
Nays - Mayor Greavu, Councilperson Juker
and Councilman Nelson.
3. Preliminary Plat: Schwichtenberg Addition - 8:00 P.M.
h. Mr. Kurt Schwichtenberg spoke on behalf of the request.
i. Councilman Anderson moved to approve the
Schwichtenberg ProDerties for the 3.49 acres
the
1. The final plat shall not be approved until:
a. Provision is made to extend sanitary sewer to the lots on Linwood
Avenue
b. Lot 13 shall be changed to "outlot A"
c. A signed developers agreement is submitted to the Director of Public
Works for his approval. The developers agreement shall include:
1) construction and easements for temproary cul-de-sacs at the end
of Dorland and Dahl Roads
2) storm sewer easements along the east line of lots 11 and 12 and
over the existing pond
3) final approval of grading, drainage, and utility plans
4) implementation of erosin control measures, as recommended by the
- 8 - 8/21
Soil Conservation Service
5) extension of the Dorland Road sewer to serve lots 1 and 2.
2. Payment of the cash connection charge for watermain service in Lin-
wood Avenue ($4200)
3. Removal of the barn and garages or redraw lots one and eight to
get the barn and house on one lot.
Seconded by Mayor Greavu.
Ayes - all.
4. English Street - South of County Road C - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the rehear-
ing of the proposed improvement of English Street, south of County Road C by
construction of sanitary sewer, watermain, storm sewer, street and appurtenant
work. The Clerk noted the dates of publication and stated the hearing notice
was in order.
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 Bastian introduced the following resolution and moved its adoption:
ffilemmillowl
WHEREAS, after due notice of public hearing on the construction of sanitary
sewers and service connections, watermains and service connections, storm sewers,
streets, and all necessary appurtenances on English Street from County Road "C"
southerly a distance of approximately 730 feet and sanitary sewer mains and all
necessary appurtenances from English Street westerly to Duluth Street, a hearing
on said improvement in accordance with the notice duly given was duly held on
August 21, 1980, and the Council has heard all persons desiring to be heard on
the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as
follows:
1. That it is advisable, expedient, and necessary that the City of Maplewood
construct sanitary sewers and service connections, watermains and service
connections, storm sewers, streets and all necessary appurtenances on
English Street from County Road "C", southerly a distance of approximately
730 feet and sanitary sewer mains and all necessary appurtenances from
English Street westerly to Duluth Street as described in the notice of
hearing thereon, and orders the same to be made.
2. The City Engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said
improvement.
3. This improvement is hereby designated to be Maplewood Project No. 79-4.
Seconded by,Councilman Nelson. Ayes - all.
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G. AWARD OF BIDS (continued)
2. English Street, South of County Road C - Project 79-4
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the following resolution and moved its adoption:
80-8-171
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Richard Knutson, Inc., in the amount of $102,795.45 is the lowest responsible
bid for the construction of English Street South of County Road "C" (Improvement
79-4), and the Mayor and Clerk are hereby authorized and directed to enter into
a contract with said bidder for and on behalf of the City.
Seconded by Councilperson Juker. Ayes - all.
H. UNFINISHED BUSINESS (continued)
2. Building Project for League of Minnesota Cities
a. Manager Evans presented a letter from the League of Minnesota Cities re-
garding their request for funds to build a building to house their facilities.
b. Councilman Bastian
esota Cities expressin
interest in the Citv o
Seconded by Councilperson Juker.
forward a letter to
constructing a buil
Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
Nays - Mayor Greavu.
3. Brookview Drive Storm Sewer - Project 78-20
a. Manager Evans presented the staff report.
b. Mr. Dan Lofgren, 2656 Brookview Drive and Mr. Warren Wallgren, Brookview Drive,
area residents, expressed their concerns with the proposed project.
c. Councilman Anderson introduced the following resolution and moved its adoption:
80-8-172
WHEREAS, after due notice of public hearing on the construction of storm
sewer, street regrading, drainage facilities and necessary appurtenances on the
Brookview Drive Storm Sewer (Improvement Project 78-20) a hearing on said im-
provement in accordance with the notice duly given was duly held on July 17, 1980,
and the Council has heard all persons desiring to be heard on the matter and has
fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
AS FOLLOWS:
- 10 - 8/21
1. That it is advisable, expedient, and necessary that the City of Maplewood
construct storm sewer, street regrading, drainage facilities and necessary
street regrading; drainage facilities and necessary appurtenances on the
Brookview Drive Storm Sewer (Improvement Project 78-20) as described in the
notice of hearing thereon, and orders the same to be made.
2. The City Engineer is hereby directed to prepare final plans and specifications
for the making of said improvement.
3. This improvement is hereby designated to be Maplewood Project No. 78-20.
Seconded by Councilman Nelson. Ayes - all.
4. Review Assessment Hearing Comments
a. Manager Evans presented the requests of cancellation adjustment or continued
deferment of the assessments to be levied at this time.
b. Council reviewed the following requests:
1. Sanitary Sewer No. 1
a. Mrs. Lorraine Odden, 2305 Barclay Street - $487.90
Code No. 57 01010 060 55 - No change in assessment
2. Sanitary Sewer No. 2
a. Adolph and Mildred Palme, 1721 Arcade Street
$1,172.00 - Code No. 57 51100 060 01 - No change in assessment
b. Lutheran Church of Peace - 47 So. Century Avenue - $1,020.00
Code No. 57 00100 080 75 - No change in assessment
c. Esther Rylander and Robert J. Kassee - 2126 Arcade Street - $437.19
Code No. 57 01610 010 36 - No change in assessment
d. Edward Masloski - 1915 Desoto - $1,263.14
Code No. 57 01710 076 57 - No change in assessment
e. Evelyn McMillin - 1777 Edgerton - $2,843.75
Code No. 57 41500 080 02 - No change in assessment
f. Valentine Knabe, 1760 Desoto Street - $1,679.60
Code No. 57 41500 200 05 - No change in assessment
g. David and Margaret Anderson, 1993 Arkwright St. - $517.92
Code No. 57 48800 131 03 - No change in assessment
h. Herbert Toenjes, 1966 McMenemy Street - $1,810.90
Code No. 57 48800 301 05 - No change in assessment
i. Hartford Langer, 2074 Edgerton - $650.00
Code No. 57 75500 140 00 - No change in assessment
j. .St. Paul Board of Water Commissioners - Code No. 57 25500 300 06,
57 67500 192 10; 57 25500 100 05; 57 25500 180 05; 57 25500 190 05;
57 25500 200 05 - No change in assessments.
- 11 - 8/21
Code No. 57 01810 010 50 - $3,521.90
Councilman Anderson moved to cancel the assessment of $3,521.90 - San-
itary Sewer No. 5-2 against the St. Paul Water Department (the agreement',
siened by the St. Paul Water Department and the City states the City shal
Seconded by Councilman Bastian. Ayes - all.
3. Sanitary Sewer No. 5-4
a. Bernard Mehr, 687 Ferndale Street - $480.00
Code No. 57 50700 060 01 - no change in assessment
b. Donald Kimble, 679 Ferndale Street - $480.00
Code No. 57 50700 070 01 - no change in assessment
4. Sanitary Sewer No. 6-2
a. Ethel and Donald Neumann, 1795 E. County Road C - $2,492.00
Code No. 57 00210 030 54 - no change in assessment
b. Ronadl Leu - $1,247.40
Code No. 57 00310 130 80 - no change in assessment
c. Herbert Schouweller - $2,625.00
Code No. 57 00310 200 82 - no change in assessment
5. Water Improvement 3
a. Adolph Palme, 1721 Arcade Street - $1,172.10
Code No. 57 51100 060 01 - no change in assessment
6. Water Improvement 4
a. Herbert Toenjes, 1966 McMenemy Street $ 1,898.46; $1,476.58
Code Nos. 57 48800 271 04 and 57 48800 301 05 - no change in assessment
b. Erwin Nordeen, 2290 White Bear Avenue - $1,596.00
Code No. 57 22000 274 09 - no change in assessment
7. Water Improvement 5
a. Esther Rylander and Robert Kasse, $437.26
Code No. 57 01610 010 36 - no change in assessment
8. Sanitary Sewer No. 8
a. Mr. John Daubney, attorney representing Mr. and Mrs. Rueben Ristrom,
1633 Lark Avenue, requested continued deferment. No change in assessment.
9. Sanitary Sewer No. 7
a. George Rossbach, 1406 E. County Road C, $1,000.00
Code No. 57 01010 020 36 - no change in assessment
10. Sanitary Sewer No. 68-2
- 12 - 8/21
a. W.E. Leonard, $4,972.18
Code No. 57 01300 020 34 - no change in assessment
11. County Road "C"
a. William Howard, 931 E. County Road C - $540.00
No change in assessment.
b. Ray Nowicki, $15,750.00
Code No. 57 00910 040 37 - no change in assessment
12. Cope Avenue Utilites and Street
a. Warren D. Madigan - Code No. 57 63100 030 10
Street - $13,395.53 - Utilities - $13,027.68
Councilman Anderson moved to cancel the
Street - $13.395.53. Utilities. 813.027
as
e Avenue'Assessments of
Seconded by Councilman Bastian. Ayes - all.
b. John Kavanagh, 57 68800 012 08
Street - $12,321.49, Utilities - $15,362.65 - no change in assessment
c. Mr. Kavanagh stated he had applied for assessment consideration on
the Meister property.
Mayor Greavu moved to discuss Mr. Kavanaugh's request on the August 28
1980 meeting.
Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilmen Bastian
and Nelson.
Nays - Councilperson Juker, Councilman
Anderson.
d. James Refrigeration - Code No. 57 63100 050 59
Streets - $10,448.08, Utilities - $4,456.71.
Councilman Anderson moved to cancel a total of
assessments against Code No. 57 63100 050 59.
200.00 from the total
Seconded by Councilman Bastian. Ayes - all.
e. Rueben Ristrom, 1633 Lark Avenue
Code No. 57 68800 012 07 - Streets $13,505.86; Utilities - $15,107.53.
No change in assessments.
13. Water Improvement 24
a. Hartford Langer, 2074 Edgerton, $871.00
Code No. 57 75500 140 00 - no change in assessment.
14. Sanitary Sewer lA
a. Donna Freking, 962 Bartelmy Lane - $1,297.16
- 13 - 8/21
Code No. 57 14550 010 01
Councilman Anderson moved to cancel $642.66 of the assessment against
property Code No. 57 14550 010 01.
Seconded by Councilman Bastian. Ayes - all.
15. Water Improvement 70-28
a. Rose Westbrook, 1900 Furness, $1,304.01.
Code No. 57 32800 160 04 - no change in assessment.
16. Water Improvement 73-1
a. Walter Corky, $4,465.00
Code No. 57 00410 010 82 - no change in assessment.
b. Joseph Zappa, 2522 Flandrau Street - $2,285.42
Code No. 57 01010 080 01
Councilman Anderson moved to cance
in the amount of $2,285.42 against
as
Water Improvement 73-1 assessa
Seconded by Councilman Bastian. Ayes - all.
c. Vernon Blanski, 1700 E. County Road C - $335.00
Code No. 57 01010 300 01 - no change in assessment
d. Raymond Kaeder, $2,687.65
Code No. 57 01010 170 36 - no change in assessment
e. Willa Stack, 2707 Hazelwood Street - $2,570.00
Code No. 57 29600 050 00 - no change in assessment
f. William J. Gardner, 2480 Hazelwood Street - $3,745.73
Code No. 57 63100 190 06 - no change in assessment
g. John T. Oswald, 1694 Demont Avenue - $335.00
Code No. 57 63100 040 04 - no change in assessment
h. St. Paul Priory, $12,685.00
Code No. 57 03800 140 01 - no change in assessment
i. Ronald Leu, Code No. 57 00310 130 80 - $335.00
Councilman Bastian moved to cancel $335.00 for Water Improvement 73-1
assessment against property Code No. 57 00310 130 80.
Seconded by Councilman Anderson.
17. Diseased Trees 79-6
Ayes - Mayor Greavu, Councilmen
Anderson, Bastian & Nelson.
Nays - Councilperson Juker.
a. Ralph J. Pierre, 1715 No. Howard Street - $148.38
Code No. 57 32800 080 03 - no change in assessment.
- 14 - 8/21
b. Gene D. Sbragia, 1456 E. Sandhurst Drive - $115.27
Code No. 57 67900 060 15 - no change in assessment.
I. VISITOR PRESENTATIONS
1. Mr. George Rossbach, 1406 E. County Road C
a. Mr. Rossbach, 1406 E. County Road C, requested information as to why he was
told there was a moratorium on construction of duplexes and then later read that
Council had approved construction of 26 duplexes just west of his property.
b. Manager Evans stated there was placed a moratorium on having a Special Use
Permit to build a duplex in an R-1 zoned property.
J. NEW BUSINESS
1. Special Exception Renewal - 1887 Myrtle
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Pellish moved the Planning Commission recommend to the City Council
approval of the renewal of the home occupation for a five year period, since the
applicant's business has not caused any complaints.
Commissioner Fischer seconded.
c. Councilman Anderson
to overate a
Seconded by Councilperson Juker.
2. Comprehensive Plan Amendment Letter
Ayes - all."
of the home o
Ayes - all.
tion
a. Manager Evans presented comments and recommendations concerning the Metro-
politan Council proposed guidelines for review of amendments to local comprehensive
plans.
b. Mayor Greavu moved to forward a letter to the Metro Council expressing the
Manager's comments.
Seconded by Councilman Bastian. Ayes - all.
3. Cooperative Agreement - Suburban Rate Authority Board
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the following resolution and moved its adoption:
80-8-173
WHEREAS, the City of Maplewood, Minnesota has entered into a Joint and
Cooperative Agreement providing for the creation of the Suburban Rate Authority;
and
WHEREAS, the present form of such Joint and Cooperative Agreement does
not authorize the Suburban Rate Authority to participate in proceedings or engage -
in activities involving the Metropolitan Waste Control Commission; and
WHEREAS, the Board of Directors of the Suburban Rate Authority has recommends
that such organization be authorized to participate in proceedings or engage in
activities involving the Metropolitan Waste Control Commission; and
WHEREAS, it appears necessary and desirable that such authority be conferred
upon the Suburban Rate Authority and that this be accomplished by the execution
of the amendment to the Joint and Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota as follows:
1. The Mayor and Clerk are authorized and directed to execute the Amendment
to the Joint and Cooperative Agreement giving authority for'Suburban Rate Author-
ity involvement in matters relating to the Metropolitan Waste Control Commission.
2. The City Clerk is directed to file a copy of the executed Amendment to the
Joint and Cooperative Agreement, together with a certified copy of this resolution,
with the Secretary/Treasurer of the Suburban Rate Authority.
Seconded by Councilman Nelson. Ayes - all.
4. Special Exception to Operate a Came Room - 2251 E. Larpenteur Avenue
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the City Council
denial of this special exception application based on the fact that it is not
consistent with the neighborhood convenience shopping center and no need for such
activity has been demonstrated to the Commission. The Commission also expressed
concern on parking as to its compatibility with the neighborhood center.
Commissioner Howard seconded.
Ayes all."
c. Mr. Tom Bicha, the applicant, spoke on behalf of his request to operate a
game room.
d. Mr. Fred Ludtke, operator of such game room, spoke on behalf of the proposal.
e. Mr. Richard Ernst, owner of the building, spoke on behalf of the proposal.
f. The following area residents spoke in opposition to the proposal:
Mr. Casimer Willard, 2225 E. Larpenteur Avenue;
Andy Anderson, 2243 E. Larpenteur Avenue;
Several area residents stated they were also opposed.
g. Councilman Anderson moved to deny the request for a special exceptio
a game room facility at 2251 E. Larpenteur based on the Planning Commiss
recommendations and also because of the added hazards to the area due to
rraffir_
- 16 - 8/21
Seconded by Councilman Nelson. Ayes - all.
Mayor Greavu moved to extend the meeting past the 11:30 P.M. deadline.
Seconded by Councilperson Juker. Ayes - Mayor Greavu; Councilperson Juker,.
Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
K. COUNCIL PRESENTATIONS
1. Newspaper Article
a. Councilperson Juker stated the Council Agenda was not on the front page and
was not printed in full in the Maplewood Review. It should be placed on the front
page.
b. Council requested the reporter ask that Agenda be on the front page of the
Maplewood Review.
2. Garbage Collection Ordinance
a. Councilman Bastian questioned if trash haulers are allowed to pick up trash
at night in commercial areas.
b. Staff stated the trash haulers are not governed by hours of pickup, but are
not allowed to create disturbances or any undue noise between the hours of 10:00
P.M. and 6:00 A.M.
3. Alarm Ordinance
a. Councilman Bastian asked if there was any way that our alarm ordinance could
be worded that if an alarm goes longer than one hour that person or business
could be assessed.
b. Staff stated that provision could be worked into the ordinance.
c. No action taken.
4. Contracts
a. Councilman Bastian questioned what the cost of the AFSCME proposal would be.
b. Manager Evans stated he had not worked up a cost proposal as it was the
Union's first proposal.
5. Letters - LMC
Not discussed.
6. Appointment - Emergency Preparedness Director
a. Mayor Greavu moved to appoint Larry Cude as Director of
effective immediatelv at $500 Der month Plus use of a vehic
b. Mayor Greavu appointed Larry Cude as Director of Emergency Preparedness
effective immediately.
c. Salary for the Director is tabled until Council reviews the budget.
8. H.R.A.
a. Mayor Greavu questioned items in the H.R.A. minutes regarding using case
numbers not names for applicants of the housing grants.
b. Case numbers were suggested to comply with the Data Privacy Act.
Councilman Anderson moved to waive the Rules of Procedures and extend the Agenda
past the 12:00 P.M. Midnight deadline.
Seconded by Councilperson Juker. Ayes - Mayor Greavu; Councilperson Juker,
Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
7. Budget Information
a. Mayor Greavu requested to have a list of each department head and who is
working in that department, their salaries, plus what income each department
takes in.
L. ADMINISTRATIVE PRESENTATIONS
1. Final Approval - Mogren Brothers - Commercial Revenue Note
a. Mayor Greavu introduced the following resolution and moved its adoption:
80-8-174
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-1. Definitions.
The terms used herein, unless the context hereof shall require otherwise
shall have the following meanings, and any other terms defined in the Loan Agree-
ment shall have the same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another or different meaning
or intent.
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 derived from the Project to the Lendl
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
- 18 - 8/21
St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a
written opinion signed by such Counsel;
Borrower: Mogren Bros., a Minnesota general partnership, its successors,
assigns, and any surviving, resulting or transferee business entity which may
assume its obligations under the Loan Agreement;
City: The City of Maplewood, Minnesota, its successors and assigns;
Disbursing Agreement: the agreement to be executed by the City, the Borrower
and the Lender, relating to the disbursement and payment of Project Costs;
Guaranty: the personal guaranty to be executed by Robert C. Mogren and Gerald
C. Mogren, 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;
Lender: First State Bank of White Bear Lake, in White
Bear Lake, Minnesota, its successors and assigns;
Loan Agreement: the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to -the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mortgage: the Mortgage, Security Agreement and Fixture
Financing Statement to be executed by the Borrower as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note and interest thereon;
Note: the $560,000 Commercial Development Revenue Note of
1980 (Mogren Bros. 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;
Principal Balance: so much of the principal sum -on the
Note as remains unpaid at any time;
Project: the Land and Improvements as they may at any
time exist;
- 19 - 8/21
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-- ,
1980, together with any supplement or amendment thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
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 Disbursing 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
id 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
- 20 - 8/21
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;
(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 $560,000 as
hereinafter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Improvements to be included in the
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
(A) of Section 103(b)(6) of the Code with respect to an issue
of $1,000,000 or less; provided that nothing herein shall
prevent the City from hereafter qualifying the Note under a
different exemption if, and to the extent, such exemption is
permitted by law and consistent with the objects and purposes
of the Project.
1-4. Authorization and Ratification of Project.
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
414.03(7) of the Act and subject to the terms and conditions
s-et forth in the Disbursing 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.
- 21 - 8121
ARTICLE TWO
NOTE
2-1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
:appropriate variations, omissions and insertions as -are
-permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
-amount of .the Note that may be outstanding hereunder is
expressly limited to $560,000 unless a duplicate Note is issued
pursuant to Section 2-6. The Note shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1980
(Mogren Bros. Project)
$56.0,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
i County, Minnesota, (the "City") her promises to pay First.
State Bank of White Bear Lake, White Bear Lake, Minnesota (the
"Lender"), its successors or registered assigns, from the
source and in the manner hereinafter provided, the principal
sum of FIVE HUNDRED SIXTY THOUSAND DOLLARS ($560,000), or so
'i much thereof as.remains unpaid from time to time (the
"Principal Balance"), with interest thereon at the rate of ten
percent (10%) per annum or at such higher. rate as hereinafter.
;i 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.th@
terms hereinafter set forth.
- 1. (a) The Principal Balance shall be -amortized and
paid in 179 equal consecutive monthly installments of $5,088.72
each commencing on October i, 1980 and continuing.on the first.
day of each and every month thereafter until the 15th
anniversary hereof, at which time the entire Principal Balance
and accrued interest shall be due and payable in full (the
"Final Maturity Date:). Payments shall be -applied first to
interest due on the Principal Balance and thereafter to
Balance.
f the Principal a
o reduction
- 22 - 8/21
(b) 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 eighteen and one-half percent (18 1/2%) per annum and each
monthly installment thereafter payable shall be.aCcordingly
adjusted and shall be equal to the amount necessary to amortize
the remaining Principal Balance on the basis of a 25 year amor-
tization schedule with a balloon payment on the Final Maturity
Date with interest at said increased rate; and in addition the
Lender shall be entitled to receive an amount equal to the
aggregate difference between (i) the monthly payments
theretofore made to the Lender on this Note between the "Date
of Taxability", as that term is defined in the Loan Agreement,
and the date of receipt by the Borrower of notice of such
"Determination of Taxability", and (ii) the monthly payments
which would have been made during such period if the increased
rate had been in effect throughout such period; all as provided
in Section 4.07 of the Loan Agreement.
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
penalty, at maturity, upon redemption, or otherwise. Interest
shall be computed on the basis of a 360 day year, but charged
for the actual number of days principal is unpaid.
3. Principal and interest and any penalty or premium
due hereunder shall be payable at the principal office of the
Lender, or at such other place as the Lender may designate in
writing.
4. This Note is issued by the City to provide funds
for a'Project, as defined in Section 474.02, Subdivision la,
Minnesota Statutes, consisting of the construction of an office
and warehouse facility,. pursuant to a Loan Agreement of even
date herewith between the City and Mogren Bros., a Minnesota
general partnership (the "Borrower") (the "Loan Agreement"),
and this Note is further issued pursuan 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
, 1980 (the "Resolution").
5. 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 the Borrower, as mortgagor, and.the Lender as
mortgagee (the "Mortgage") and by an Assignment of Leases and
Rents, of even date herewith, from the Borrower to the Lender
- 23 - 8/91
i
I
(the "Assignment of Leases and Rents"). The disbursement of
the proceeds of this Note is subject to the terms and
conditions of a Disbursing Agreement of even date herewith
between the Lender, the City and the Borrower (the "Disbursing
Agreement").
_ 6. The Lender may extend the times of payments of
interest and/or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date,
-without notice to or consent of any party liable hereon and
without releasing any such party. However, in no event may the
Final Maturity Date be extended beyond thirty (30) years from
the date hereof.
7. This Note may be prepaid in whole or in part on
any monthly payment date without premium. The Lender shall
apply any such prepayment against the accrued interest on the
Principal Balance and then against the final principal amounts
due under the Note.
8. This Note is further subject to prepayment, at
any time, without premium, in whole or in part, at the option
of the Lender, 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.
9. .The monthly payments due under paragraph 1
hereof, shall continue to be due and payable in full until the
entire Principal Balance and accrued interest due on this Note
have been paid regardless of any partial prepayment made
hereunder.
10. As provided in the Resolution and subject to
certain limitations set forth therein, this Note is
transferable upon the books of the City at the office of the
City Clerk, by the Lender in person or by his agent duly
authorized in writing, at the Lender's expense, upon surrender
hereof together with a written instrument of transfer
satisfactory to the 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, 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.
- 24 - 8/21
11. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mortgage, the Assignment of Leases and Rents, the Loan
Agreement and the Disbursing Agreement are hereby made a part
of this Note to the same extent and with the same force and
effect as if they were fully set forth herein.
12. This Note and interest thereon and any penalty or
premium due 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.
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 principal or interest within ten (10)
days after the due date, or. any premium or penalty due
hereunder, or if an Event of Default shall occur, as set forth
in the Mortgage, the Assignment of Leases and Rents, the
Disbursing Agreement or the Loan Agreement, then the Lender
shall have the right and option to declare, the Principal
Balance and accrued interest thereon, immediately due and
payable, 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 Disbursing Agreement, are not exclusive
and shall be cumulative and concurrent and may be pursued
singly, successively or together, at the sole discretion of the
Lender, and may be exercised as often as occasion therefor
shall occur; and the failure to exercise any such right or
remedy shall in no event be construed as a waiver or release
thereof.
- 25 - 8/21
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 partici-
pation 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 , 1980.
CITY OF MAPLEWOOD, MINNESOTA
/s/ John C. Greavu
Mayor
Attest: /s/ Lucille E. Aurelius
Clerk
(SEAL)
i Seconded by Councilman Bastian. Ayes - all.
M. AD WURNMENT
12:06 A.M.
(-'City,/Clerk
- 26 - 8/21