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HomeMy WebLinkAbout1986 01-13 City Council PacketAG 'E.N D A Maplewood City Council 7:00 P.M., Monday, January 13, 1986 Municipal Administration Building Meeting 86 -01 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF MINUTES 1. Minutes 85 -28, December 12, 1985 20. Minutes 85 -29, December 23, 1985 3. Minutes 85 -30, December 26, 1985 D) APPROVAL OF AGENDA 10 Accounts Payable 2. Keller Club House Liquor License 3. Payment on No. St. Paul Well #5 Debt 40 1986 Payrate - Accountant (EA) EMPLOYEE 20 YEAR AWARDS (EB) COMMUNICATION - SENATOR DIESSNER (F) PUBLIC HEARINGS (G) AWARD OF BIDS (H) UNFINISHED BUSINESS 11 PAC for Commercial & Industrial Property 2. Alarm Ordinance - 2nd Reading �L) NEW BUSINESS 1. PAC for Neighborhood Parks & Recreation 2. Assessment Appeal - Project 78 -24 3. Rehearing Frost Ave. Project 83 -1 4. 5, 6. 7. Liquor Ordinance - Sunday Hours Parks Commission - Reappointment Appointments - Suburban Rate Authority Appointments — Municipal Legislative Commission 8. Ramsey County League of Local Governments a 10. Designation of Depository & Financial Services Agreement Tax Exempt Financing Review Criteria 11. Water Service Reconstruction -- Amendment: BC (M) District (1st Reading) 12. Code Amen { } r . Development ment Framework Review :r 139 Metropolitan p tI) NEW BUSINESS - CONTINUED 14, Planning Commission and CDRB Appointments 15. Acting Mayor 1.6 . Official Newspaper 17. Rules of Procedure 18, Joint Council - Planning Commission Meeting (J) VISITOR PRESENTATION 1 (K) COUNCIL PRESENTATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. (L) ADMINISTRATIVE PRESENTATIONS. (��) ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 5:00 P.M., Thursday, December 12, 1985 Council Chambers, Municipal Building Meeting No. 85 -28 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 5:00 P.M. by Mayor Greavu. B. ROLL CALL John. C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maids, Councilmember Present Charlotte Wasiluk, Councilmember Present C. UNFINISHED BUSINESS 1. City Manager's Contract a. Council reviewed the contract that was presented. b. Councilmember Anderson stated that according to the personnel policy pre- viously adopted by the Council, a physical is required for all new employees. C. Councilmember Anderson moved that the Manager -elect be required to have a physical Seconded by Councilmember Bastian. Ayes - all. d. Council reviewed the proposed contract as follows: Article I - Duties Consensus - cannot be City Attorney and Manager. Article II - Term Consensus to follow Article III, Section 2.41 of City Code and Chapter 412.641 M.S.A. and add - terminated for just cause or disability. Article III - Salary Consensus — increase same as Department Heads. Article IV - Termination Changes in Article I will affect Article IV• 12/12 Article V - Working Hours Consensus - Non -City business must be approved by Council. Article VI - Automobile Consensus - $225.00 to 250.00 per month negotiate Article VII - Sick Leave Anderson 10 days Wasiluk 15 days Greavu 20 days Maida 15 days Bastian 10 days Negotiate. Article VIII - Vacation Anderson 15 days Greavu 25 days Maids. 20 days Wasiluk 15 days Bastian 15 days Consensus - 15 days Article IX - Dues and Subscriptions Consensus - Review each year and operate within budget. Article X - Professional Development Consensus - Delete. Article XI - Miscellaneous Expense Consensus - Delete Article XII - Civic Club Membership Consensus -- Delete Article XIII - Disability, Health and Life- Insurance Consensus - Delete Article XIV -- Administrative Assistant Consensus - Delete Article XV - Pension Benefits Anderson Delete Greavu Remain - 2 -- 12(12 Maida Remain Wasiluk Negotiate Bastian Delete Consensus - Negotiate up to $5000.00 e. After review of the presented contract, Councilmember Anderson moved that Councilmember Bastian negotiate contract with Manager -Elect Don Lais and that outside counsel review the document Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Maida and Wasiluk. Nay - Mayor Greavu Councilmember Bastian abstained. D. ADJOURNMENT 7:15 F.M. City Clerk - 3 - 12/12 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 23, 1985 Council Chambers, Municipal Building Meeting No. 85 -29 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:20 P.M. by Mayor Greavu. (Council had met in Executive Session at 7:00 P.M.) B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 85 -27 (December 9, 1985) Councilmember Maida moved to approve the Minutes of Meeting No. 85 -27 (December 9, 1985) as submitted Seconded by Councilmember Wasiluk. Ayes - all. D. APPROVAL OF AGENDA Player Greavu moved to approve the Agenda as amended 1. Personal 2. Metro Supervisory Unit Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E -6 and 7 from the Consent Agenda to be discussed after Item H-2. Mayor Greavu moved, seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda, Items 1 through 5, 8 and 9 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check register dated December 10, 1985 through December 12, 1985 - $518,056.35: Part II - Payroll dated December 13, 1985 - $129,029.32) in the amount of $647,085.67. 2. Transfers to Close Improvement Projects Council (1) authorized the closing of Project 81 -12 by a transfer of its surplus balance to Project 80 -10 and (2) authorized the closing of Project 85 -26 by a transfer of $7,071.91 from the General Fund to eliminate the deficit. 12/23 3. City Subsidy for McClelland Street Water Approved a transfer of $15,5000 from the Hydrant Charge Fund to the McClelland Street Water Project to finance the costs that were not assessed. 4. Time Extension : 1780 Ruth Street Approved the renewal of the conditional use permit for the Krueger Pen n" Press home occupation for five years, subject to the original conditions of approval. 5. Proposed 1986 Fire Department Dispatching Service Charge. Approved the following Fire Department dispatching charges for 1986: Woodbury Charge 253 - Chief's Car $ 190.00 254 - Pumper 190.00 255 - Pumper 190.00 257 - Grass Rig 190.00 259 - Ambulance 190.00 264 - Pumper 190.00 265 - Aerial - Ladder - Pumper 190.00 266 - Pumper: 190.00 267 - Grass Rig 190.00 268 - Tanker 190.00- 269 - Ambulance 190.00 Total $2,090.00 City of Woodbury 263 - Fire Marshal Vehicle 190.00 Total $ 190.00 284 - Ambulance - 190.00 286 - Pumper 190.00 287 - Pumper 190.00 288 - Grass Truck 190.00 289 - Tanker 190.00 290 - Chief's Car 190.00 Total $1,140.00 East County Line 3 .. 119 - Ambulance 190.00 Total $ 190.00 TOTAL $3,610.00 6.. IRB Final Approval - Western State Bank Discussed with Item H -2. - 2 - 12/23 7. IRB Final Approval - Edina Realty Discussed with Item H -2. 8. Budget Change for PAC Funds Authorized the payment of assessments for Lots 1 through 16, Block 1, and Lots 1 through 36, Block 2, Sterling Glen Addition, in the amount of $28,150.18 and $5,925.92 due in 1986 from the Commercial P.A.C. Account. 9. Donation to City in Lieu of Taxes Accepted the donation of $400.00 from Trinity Baptist Church, 2220 Edgerton Street, in lieu of taxes and that a letter of thanks be forwarded. F. PUBLIC HEARINGS 1. 7:00 P.M. - Code Amendment : CNG & LPG Facilities (2nd Reading) 4 Votes a. Mayor Greavu convened the meeting for a public hearing regarding (1) amend- ing the BC business commercial code to allow CNG (compressed natural gas) and LPG (liquid petroleum gas) dispersing facilities as a permitted use (2) amend- ing the code to require annual licensing of CNG and LPG facilities and establish- ing a license fee. b. Director of Community Development Geoff Olson 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. Councilmember Bastian introduced the following ordinance and moved its adoption ORDINANCE NO. 585 AN ORDINANCE RELATING TO ZONING AND LICENSING REQUIREMENTS FOR CN AND LP GAS DISPENSING FACILITIES Section 1. Sec. 36 -153 (1) (j) and (k) of the BC, business commercial district are hereby amended as follows: Sec:. 36 -153 (1) of the BC, business commercial code: (j) CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities, except those whose primary purpose is to produce power and 'i light for nonvehicle uses, such as at 3M, NSP's facility on Century Ave - nue and for temporary use in construction sites. Tanks shall not exceed a water capacity of 1500 gallons. The licensing requirements in Chapter 17.3 shall be complied with. .. (k) Any use of the same general character as any of the above uses, provided that no use which is noxious or hazardous shall be permitted. Section 2. City code is hereby amended to add the following chapter: - 3 - 12/23 Chapter 17.3 CNG AND LPG DISPENSING FACILITIES Sec. 17.3 -1. License required. Except as stated in Section 17.3 -2, a license shall be required to engage in the business of the dispensing of CNG (compressed natural gas) or LPG (liquid petroleum gas) to motor vehicles or to fuel containers for end use. All such facilities that were in existence prior to this requirement, shall obtain a license within three months of the date this ordinance becomes effective. A license shall not be issued until all zoning and site design requirements are satisfied and the Fire Marshal grants approval, based upon compliance with National Fire Protection Association (NFPA) Pamphlet 58. Sec. 17.3 -2. License exempted.. LGN (liquid natural gas), CNG or LPG facilities used solely to produce light or power for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue and temporary use on construction sites, shall be exempted from licensing. CNG and LPG dispensing facilities that are licensed under a motor fuel station permit shall be exempted from licensing under Section 17.3 -1. Sec. 17.303. License duration. All licenses issued under this chapter shall be subject to annual renewal. Renewal shall be subject to compliance with NFPA Pamphlet 58 requirements and any other re- quirements imposed as a condition of previous approval(s). Section 3. This ordinance shall take effect upon its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this 23rd day.of December, 1985. Mayor ATTEST: Ayes - 5 City Clerk Nays - 0 Seconded by Councilmember Anderson. g. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 12 — 200 WHEREAS, an amendment to the Code of Ordinances has been proposed to require annual licensing of CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities; WHEREAS, Section 17 -2 of the Code of Ordinances permits the City Council to establish license fees by resolution; - 4 - 12/23 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that: The initial licensing fee for CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities, licensed under Chapter 17.3 of the Code of Ordinances shall be based upon the fee schedule in the Uniform Building Code. The annual license renewal fee for LPG or CNG dispensing facilities, licensed under Chapter 17.3 of City Code, shall be $15.00 per dis- penser. NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution shall become effective upon the adoption and publication of Chapter 17.3 of the Code of Ordinances. Seconded by Councilmember Anderson. Ayes - all. 7:10 P.M., Code Amendment - Planning Fees (2nd Reading) a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the planning fees. b. Director of Community Development Olson 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. Councilmember Anderson introduced the following ordinance and moved its adoption ORDINANCE NO. 588 PLANNING FEES Section 1. Section 36 -26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Sec. 36 -26. Fees. The following nonrefundable application fees shall be required: Zone Change Conditional Use Permit Planned Unit Development Comprehensive Plan Amendment Variances: R -1 All other districts Vacations Lot Divisions Preliminary Plat Home Occupation Permit Final Plat $146.00* 146.00* 146.00* 146.00 42.00* 83.00* 47.00* 31.00 for each lot created 146.00 42.00 *for the initial permit and 16.00 for an annual renewal 31.00 - 5 - 12/23 *This fee shall be increased by $10.00 for each affected property, to pay for the County's recording fee. Section 2. Section 36 -258 of the sign code is amended as follows: Sec. 36 -258. Fees. (1) A sign erection permit fee (except for billboards) shall be paid in accordance with the following schedule: Square Feet Fee 1 - 10 $11.00 11 - 25 16.00 26 - 50 26.00 51 - 100 62.00 Over 100 114.00 (2) The fee for erection of billboards shall be $9.00 for the first five square feet, plus 49C for each additional square foot. (3) The annual license fee for billboards shall be $213.00. Section 3. This ordinance shall take effect on January 1, 1986. Passed by the Maplewood City Council, this 23rd day of December, 1985. ATTEST: Mayor Clerk Ayes - 5 Nays - 0 Seconded by Councilmember Bastian. 3. 7:20 P.M., Street and Alley Vacation : Price Street a. Mayor Greavu convened the meeting for a public hearing regarding the propo- sal to vacate the easterly 270 feet of Price Street, lying between Rice Street and the railroad tracks and the vacation of the alley to the south. b. Director of Community Development Geoff Olson 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. Councilmember Maida introduced the following resolution and moved its adoption - 6 - 12/23 85 - 12 - 201 WHEREAS, Brody Associates, Inc., initiated proceedings to vacate the public interest in the following described property: The east -west alley within Block 8 of St. Aubin and Dion's Rice Street Addition; WHEREAS, the following adjacent properties are affected: Lots 1 - 9 and 17 - 25, Block 8, St. Aubin and Dion's Rice Street Addition; WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said alley have signed a petition for this vacation; 2. The vacation was reviewed by the Planning Commission on December 2, 1985. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on December 23, 1985, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above- described alley, public interest in the property will accrue to the following described properties: Lots 1 - 9 and 17 -25, Block 8, St. Aubin and Dion's Rice Street Addition. NOW, THEREFORE, BE IT RESOLVED, by the Maplewood City Council that it is in the public interest to grant the above - described vacation on the basis that this alley is not needed for public right -of -way purposes. This vacation is subject to the retention of an easement for sanitary sewer over the easterly 20 feet. Seconded by Councilmember Bastian. Ayes - all. g. Councilmember Maida introduced the following resolution and moved its adoption °' 85 - 12 - 202. WHEREAS, Brody Associates, Inc., initiated proceedings to vacate the public interest in the following described property: The easterly 270 feet of Price Street lying between Rice Street and the railroad tracks in Section 18, Township '29, Range 22. WHEREAS, the following adjacent properties are affected: - 7 - 12/23 Lots 19 - 25, Block 7 and Lots 1 - 7, Block 8 of St. Aubin and Dion's Rice Street Addition. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right - of -way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on December 2, 1985. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on December 23, 1985, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons persent at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above - described street right -of -way, public interest in the property will accrue to the following described abutting properties: Lots 19 - 25, Block 7, and Lots 1 - 7, Block 8 of St. Aubin and Dion's Rice Street Addition. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above - described vacation on the basis that this section of right -of -way is not needed for public street use. This vacation is subject to the retention of an easement for sanitary sewer over the easterly 20 feet. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Budget Change L.O.G.I.S. a. Finance Director Dan Faust presented the Staff report. b. Councilmember Bastian moved General Fund. Continaencv Aron„ approve a budget transfer of $20,17 to the Finance Department budget to rocessina costs for 1986. the ted L.O.G.I.S. data Seconded by Councilmember Anderson. Ayes - all. 2. Tax Exempt Financing Final Approval - Silver Ridge a. City Attorney John Bannigan presented an opinion regarding approving the tax - exempt financing for Silver Ridge. - 8 - 12/23 b. Mr. William R. Peterson, Executive Secretary of the Builders' Trade Council spoke opposing the granting of tax exempt financing to Silver Ridge due to the fact they are (1) not paying . prevailing wages, (2) hiring crews from South Dakota, and (3) not using union members. C. Mr. Jim Berggren, Twin City Carpenters, and Mr. Steven Gordon, attorney representing the Builder's Trade Council, also spoke in opposition. d. Ms. Mary Ippel, Briggs and Morgan, explained the specifics of this type of financing. e. Mr. Jim Gabler, the developer, explained his project. f. The following residents spoke in opposition to the proposal: Mr. Al Kelly, 1226 E. Shryer Mr. Howard Bennett, 1714 Stanich Place Mr. Mark Zaspel, 2061 Radatz Mr. George Gary, 1469 E. Eldridge Mr. Tom Connolly, 1193 E. County Road B. g. Councilmember Bastian moved to table this item until December 26, 1985, for further investigation Seconded by Councilmember Anderson. Ayes - all. 3. Alarm System Fees a. Councilmember Bastian moved first reading of an ordinance to eliminate Section 4 -48 -b from the Code Seconded by Councilmember Anderson. Ayes - all. 4. City Council Rules of Procedures a. Councilmember Maida introduced the following resolution and moved its adoption 85 - 12 - 203 RULES OF PROCEDURE Section 1. MERTTNCR Regular The City Council shall hold regular meetings on the second and fourth Mondays of each at 7:00 P.M., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday not a holiday. Special The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty -four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence - 9 - 12/23 with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting time. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood Municipal Building unless there is a published notice designating another location. Presiding Officers The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. in the absence of both, the Councilmembers shall elect one of their number as temporary chairman. Quorum Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may adjourn from time to time. Order of Business At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his absence by the Acting Mayor, or in the absence of both, by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall pro- ceed to business which shall be conducted in the following order: A. Call to Order B. Roll Call C. Approval.of Minutes D. Approval of Agenda E. Consent Agenda F. Public Hearings G. Award of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew No additional agenda item will be discussed after 10:30 P.M. No discussion will continue past 11:00 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 the adjournment occurred. No new items will be added to the con- tinued meeting agenda. - 10 - 12/23 First Regular At the first regular Council meeting in January of each year, the Council shall (1) designate the depository of City funds, (2) designate the official newspaper, (3) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (4) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. Section 2 AGENDA FOR REGULAR MEETING (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the Monday Council meeting at which con- sideration is desired, and shall be delivered to the City Manager, or in his absence, the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. (2) Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meet- ing, except that an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements how- ever, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action other than filing, is required or requested. The Mayor and each Councilmember shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and in- formation pertinent to the agenda at least seventy -two hours prior to each regular Council meeting. No matter may be submitted for Council action by, any. .administrative- official, department head, or employee unless it has first been pre- sented to the City Manager for inclusion on the agenda. Section 3. JOINT COUNCIL AND SCHOOL BOARD MEETINGS No item of business shall be considered for action by the Council at the joint meeting where an expenditure of funds or use of city property or staff would be required. Items requiring such expenditures or uses shall appear on the next regular meeting agenda where the Council may take action as is required or is necessary. Sao +inn 4_ MINUTES (al The City Clerk shall keep a record of all Council meetings. - 11 - 12/23 (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. Section 5 DUTIES OF THE PRESIDING OFFICER The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order, subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He shall vote on all questions and on a roll call vote rotate the order in which votes are cast. Section Fi_ RULES OF DEBATE (a) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. (b) Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all personalities and indecorous language. (c) A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or to vote on a motion to close a debate, or as here- in otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined and if in order, he shall be permitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be made by a member of the Council who voted with the pre- vailing side, provided that if such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular meeting fol- lowing passage of the motion to reconsider. (e) A councilmember may request, - Ehrough the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council, or the reason for his dissent from or support of any action of the Council, entered in the mintues. Such a request may be made at the time of said action or consideration or at a time of the adoption of said minutes. Unless the Council, by motion, objects, such statements shall be entered in the minutes. (f) The Clerk shall enter in the minutes a synopsis of the discussion on any question coming in proper order before the Council. - 12 - 12/23 Section 7 ADDRESSING THE COUNCIL Any person desiring to address the Council shall first secure the permission of the Presiding Officer. Each person addressing the Council shall give his name and address in an audible tone for the record8:;, and unless further time is granted by the Presiding Officer, shall limit his address to five minutes,eosEept at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer:: No question shall be asked a Councilmember or any member of the Administrative Staff except through the Presiding Officer. Section B GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered and in case of a conflict these rules shall govern. Section 9 DECORUM AND ITS ENFORCEMENT The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or inter- rupt the proceedings or the peace of the Council, nor distrub any member while speak- ing or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. No smoking shall be permitted in the Council Chamber while the Council is in session. Section 10 ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS (a) Ordinances, resolutions, and other matters or subjects requiring action, by the Council shall be introduced and sponsored by a member.of :.the Council except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. (b) Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; providea, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordi- nances, resolutions and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the comprehensive plan shall require at least four votes in favor. - 13 - 12/23 (c) Every ordinance . other than emergency ordinances shall have two public _ readings as provided in Subsection (b) of this Section, and at least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. (d) An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed - bya roll call vote of at least four members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the - provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City and twenty -four hours after such filing and posting shall have elapsed or until the ordinance has been published, unless theperson, persons, firms or cor- porations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. (e) All ordinances and resolutions shall be filed with the Clerk and made a part of the minutes. Reports, petitions and correspondence shall be filed with the Clerk and made a part of the minutes by reference. Section 11 CONDUCT OF CITY EMPLOYEES (a) The City Manager may take part in the discussions of the C Council and may recommend to the Council such measures as he may deem necessary for the welfare of the people and efficient administration of the affairs of the City. He shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereto; however, it is recognized that the City Council is the policy making body for the City and the City Manager shall confine his dis- cussions at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. (b) No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information, - (c) The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof, Section 12. WAIVER By 4/5 consent of all Councilmembers, these rules may be waived. Section 13 ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Seconded by Councilmember Bastian. Ayes - all. - 14 - 12/23 5. City Manager Contract a. Mr. Frederick Knaak, attorney hired to review the contract between the City and the Manager -Elect as negotiated by Councilmember Bastian presented his opinion. b. Donald Lais, Manager -Elect stated he could not agree with condition no. 7 of the proposed contract and presented an addendum, that he prepared, to the original contract. C. Mayor Greavu moved to accept the terms of the original contract as amended by the addendum presented by Mr. Lais Seconded by Councilmember Maida. Mr. Lais demanded contract be approved or go back to original contract. Councilmember Bastian moved to table this item_ Seconded by Councilmember Anderson Vote on Original Motion. Ayes - Councilmembers Anderson and Bastian. Nays - Mayor Greavu, Councilmembers Maida and Wasiluk. Ayes - Mayor Greavu, Councilmembers Maida and Wasiluk I. NEW BUSINESS 1. Tax - Exempt Financing Final Approval: a. Beaver Creek Apartments Nays - Councilmembers Bastian and Anderson. 1. Director of Community Development Olson presented the Staff report. 2. Mr. Ken Gervais, Beaver Creek Apartments Limited Partnerhhip, spoke on behalf of the proposal. 3. Councilmember Anderson moved to approve $8.5 million in tax - exempt finan- cing for the Beaver Creek Apartment complex (Ivy Avenue and Ferndale Street) , sub_Iect to: a. Storm water ponding easement to the City over the Beaver Creek apartment and Beaver Creek condominium sites at a cost equal to the assessments to these sites from the Beaver Creek improvement project. b. Deeding to the City of Lots 1 through 16, Block 1, and Lots 1 through 36, Block 2, Sterling Glen Addition (the Geranium Avenue Park Site) for the cost of the unpaid assessments, plus interest. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Maida, and Wasiluk. Nay - Councilmember Bastian. - 15 - 12/23 4. Councilmember Anderson introduced the following resolution and moved its adoption 85 - 12 - 204 RESOLUTION AUTHORIZING A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The Council has received a proposal from Beaver Creek Apartments Limited Partnership, a Minnesota limited partnership, (the "Company ") that the City under- take to finance a certain Project and multifamily rental housing program for such Project as herein described, pursuant to Chapter 462C, Minnesota Statutes .(the' "Act "), through the issuance by the City of its $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series' 1985 (Beaver Creek Apartments Limited Partnership Project) (the "Bonds), and in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement" between the City, the Company and Calvert Tax Free Reserve or designee (the "Bond. Purchaser "). 2. The Company desires to acquire and construct a multifamily housing develop- ment consisting of 3 buildings containing 180 units and related improvements including parking facilities (hereinafter referred to as the "Project ") in the City. The Project as described above will facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City, encourage the development of housing facilities designed for occupancy by persons of low or moderate income and assist such persons in ob- taining decent, safe and sanitary housing at rentals they can afford; encourage the development of blighted or underutilized land and structures within the bound- aries of the City; and will otherwise further the policies and purposes of the Act; and the findings made in the Preliminary Resolution adopted by this Council on Feb- ruary 11, 1985, with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of December 1, 1985, between the City as Lender and the Company as Borrower (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Company to partially finance the costs of the Project. The Basic Payments to be made by the Company under the Loan Agree- ment are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the Basic Payments and certain other rights under the Loan Agreement to First Trust Company Inc., in St. Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated as of December 1, 1985 (the "Indenture ") between the City and the Trustee. The Company will enter into a Remarketing Agreement, dated as of December 1, 1985, with Piper, Jaffray & Hopwood (the "Remarketing Agreement "). The acquisition, construction, operation and occupancy of the Project will conform to the terms and conditions of a Regula- tory Agreement (the "Regulatory Agreement ") dated as of December 1, 1985, between the City, the Company and the Trustee and a Declaration of Restrictive Covenants (the "Declaration ") dated as of December 1, 1985, executed by the Company and re- corded as a covenant and restriction running with the land on which the Project is located. - 16 - 12/23 4. This Council, by action taken on February 11, 1985, adopted a resolution giving preliminary approval to a proposal to finance a project substantially the same as the Project; and on or about December 5, 1985, the Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Bond Purchase Agreement. (d) The Regulatory Agreement. (e) The Declaration (not executed by the City). 6. It is hereby found, determined and declared that: (a) The Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project is authorized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental housing facilities for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; .(c) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement and the Regulatory Agreement (collectively the "Agreements "), and the performance of all cove- nants and agreements of the City contained in the Agreements, and of'.all other acts and things required under the constitution, and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act; - (d) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, Regulatory Agreement and Declaration, which terms and conditions the City determines to be necessary, desirable and proper, to acquire and install the Project by such means as shall be available to the Company and in the manner determined by the Company, subject to the terms of the aforesaid agreements; (e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (f) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agreement also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to per- sons or property arising from the operation thereof, and all taxes and - 17 - 12/23 special assessments levied upon or with respect to the Project Premises and payable during the term of the Loan Agreement, Indenture and Regulatory Agreement; (g) as provided in the Loan Agreement and Indenture, the Bonds are not to to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agree- ment which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equit- able, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the In- denture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the State or its political subdivisions, and that the Bonds,, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that the Bonds shall not con- stitute a debt of the City within the meaning of any constitutional or statutory limitation; and (h) a public hearing on the Project was duly held by the City Council on February 11, 1985. 6. Subject to the approval of the City Attorney and the provisions of Section 9 of this Resolution, the forms of the Agreements and exhibits thereto are approved substantially in the form submitted and on file in the office of the City Clerk. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents neces- sary to the transaction herein described shall be delivered, filed and reccrded as provided herein and in said Loan Agreement and Indenture. 7. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. The Bonds shall initially bear interest at the rate of interest set forth in the Indenture. The Bond Purchaser shall purchase the Bonds for an amount not less than 1000 of the principal amount of the Bonds. The offer of the Bond Purchaser to so purchase the Bonds is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and exe__ cute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 8. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all pro- ceedings and records of the City 'relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality -of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute repre- sentations of the City as to the truth of all statements contained therein. - 18 - 12/23 9. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby author- ized to approve said changes on behalf of the City. The execution of any in- strument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence (or inability) of the officials authorized herein to execute any of the documents herein referred to, the documents may be executed by any officer or member of the City acting in their behalf. Seconded by Mayor Greavu. Ayes Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk Nays - Councilmember Bastian. b. Century Ridge Apartments 1. Director of Community Development Olson presented the Staff report.. 2. Mr. Dave representing Lexington Investments, spoke on behalf of the proposal. 3. Councilmember Anderson - introdu following resolution and moved its a doption : 85 - 12 - 205 RESOLUTION AUTHORIZING A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE of MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The Council has received a proposal from Lexington Investment Co., a Minne- sota general Partnership (the "Company ") that the City undertake to finance a cer- tain Project and multifamily rental housing program for such Project as herein de- scribed, pursuant to Chapter 4626, Minnesota Statutes (the "Act "), through the issuance by the City of its $3,750,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Lexington Investment Co. Project) (the "Bonds "), and in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement ") between the City, the Company, Alliance Capital Management Corp. or designee (the "Bond Purchaser "). 2. The Company desires to acquire and construct a multifamily housing develop- ment consisting of a building containing 75 units and related improvements including - 19 - 12/23 parking facilities (hereinafter referred to as the "Project ") in the City. The Project as described above will facilitate the development of rental housing with- in the community; encourage the development of affordable housing opportunities for residents of the City, encourage the development of housing facilities de- signed for occupancy by persons of low or moderate income and assist such persons in obtaining decent, safe and sanitary housing at rentals they can afford; en- courage the development of blighted or underutilized land and structures within the boundaries of the City; and will otherwise further the policies and purposes of the Act; and the findings made in the Preliminary Resolution adopted by this Council on September 9, 1985, with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of December 1, 1985, between the City as Lender and the Company as Borrower (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Company to partially finance the costs of the Project.. The Basic Payments to be made by the Company under the Loan Agree- ment are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the Basic Payments and certain, other rights under the Loan Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee ") as security for . payment of the Bonds under an Indenture of Trust dated as of December 1, 1985 (the "Indenture ") between the City and the Trustee. The Company will enter into a Remarketing Agreement, dated as of December 1, 1985, with Piper, Jaffray & Hopwood (the "Remarketing Agreement "). The acquisition, construction, operation and occupancy of the Project will conform to the terms and conditions of a Regula- tory Agreement (the "Regulatory Agreement ") dated as of December 1, 1985, between the City, the Company and the Trustee and a Declaration of Restrictive Covemants (the ".Declaration ") to be executed by the Company and recorded as a covenant and restriction running with the land on which the Project is located. 4. This Council, by action taken on September 9, 1985, adopted a resolution giving preliminary approval to a proposal to finance a project substantially the same as the Project; and on or about December 5, 1985, the Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Bond Purchase Agreement. (d) The Regulatory Agreement. (e) The Declaration (not executed by the City). 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project is authorized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental housing facilities for assisting Persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; - 20 - 12/23 (c) the acquisition, . construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Lear. Agreement, the Indenture, the Bond Purchase Agree- ment and the Regulatory Agreement (collectively the "Agreements), and the performance .ofall covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, Regulatory Agreement and Declaration, which terms and conditions the City determines to be necessary, desirable and proper, to acquire and install the Project by such means as shall be available to the Company, subject to the terms of the aforesaid agreements; (e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (f) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agreement also provide that the Company is required to pay all expenses of the operation and mainte- nance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and pay- able during the term of the Loan Agreement, Indenture and Regulatory Agreement; (g) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from of charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agree- ment which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equi- table, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the In- denture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its . political subdivisons, and that the Bonds, including interest thereon, are payable solely from the reve- nues pledged to the payment thereof and that the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; and (h) a public hearing on the Project was duly held by the City Council on July 22, 1985. - 21 - 12/23 6. Subject to the approval of the City Attorney and the provisions of Section 9 of this Resolution, the forms of the Agreements and exhibits thereto are approved _. substantially in the form submitted and on file in the office of the City Clerk. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents neces- sary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 7. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. The Bonds shall initially bear interest at the rate of interest set forth in the Indenture. The Bond Purchaser shall purchase the Bonds for an amount not less than 100% of the principal amount of the Bonds. The offer of the Bond Purchaser to so purchase the Bonds is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 8. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all pro- ceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legal of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute repre- sentationsof the City as to the truth of all statements contained therein. 9. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, . deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes on behalf of the City. The execution of any insturment by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence (or inability) of the officials authorized herein to execute any of the documents herein referred to, the documents may be executed by any officer or member of the City acting in their behalf. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Maida, and Wasiluk Nay - Councilmember Bastian. C. Hazel Ridge Seniors Apartments 1. Director of Community Development Olson presented the Staff report. 2. Mr. John Hurley, representing Hazel Ridge, spoke on behalf of the proposal. 3. Councilmember Anderson introduced the following resolution and moved its adoption - 22 - 12/23 85 - 12 - 206 RESOLUTION AUTHORIZING A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The Council has received a proposal from Hazel Ridge General Partnership, a Minnesota general partnership, (the "Company ") that the City undertake to finance a certain Project and multifamily rental housing program for such Project as herein described, pursuant to Chapter 462C, Minnesota Statutes (the "Act "), through the issuance by the City of its $4,395,000 Rental Housing Revenue Bonds, Series 1985 (Hazel Ridge General Partnership Project) (the "Bonds "), and in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement ") between the City, the Com- pany and The First National Bank of Saint Paul (the "Bond Purchaser "). 2. The Company desires to acquire and construct a multifamily housing develop- ment consisting of a building containing 75 units and related improvements including parking facilities (hereinafter referred to as the "Project ") in the City. The Project as described above will facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for . residents of the City, encourage the development of housing facilities designed for occupancy by elderly and persons of low or moderate income and assist such persons in obtaining decent, safe and sanitary housing at rentals they can afford; encourage the development of blighted or underutilized land and structures within the boun- daries of the City; and will otherwise further the policies and purposes of the Act; and the findings made in the Preliminary Resolution adopted by this Council on January 14, 1985, with respect to the Project are hereby ratified, affirmed, and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of December 1, 1985, between the City as Lender and the Company as Borrower (the "Loan Agreement "), the City loan the proceeds of the Bonds to the Company to partially finance the costs of the Project. The Basic Payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the Basic Payments and certain other rights under the Loan Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated as of Decem- ber 1, 1985 (the "Indenture ") between the City and the Trustee. The Company will enter into a Remarketing Agreement, dated as of December 1, 1985, with Juran & Moody, Inc. (the "Remarketing Agreement "). The acquisition, construction, operation and occupancy of the Project will conform to the terms and conditions of a Regula- tory Agreement (the "Regulatory Agreement ") dated as of December 1, 1985, between the City, the Company and the Trustee and a Declaration of Restrictive Covenants (the "Declaration ") to be executed by the Company and recorded as a covenant and restriction running with the land on which the Project is located. 4. This Council, by action taken on January 14, 1985, adopted a resolution giving preliminary approval'to a proposal to finance a project substantially the - 23 - 12/23 same as the Project; and on or about December 19, 1985, the Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Bond Purchase Agreement. (d) The Regulatory Agreement. (e) The Declaration (not executed by the City). 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project is authorized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental housing facilities for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing at rentals they can afford; (c) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement and the Regulatory Agreement (collectively the "Agreements "), and the per- formance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the consti- tution and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Company be authorized., in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, Regulatory Agreement and Declaration, which terms and conditions the City determines to be necessary, desirable and proper, to acquire and install the Project by such means as shall be available to the Company and in the manner determined by the Company, subject to the terms of the aforesaid agreements; (e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (f) the Basic Payments under the Loan Agreement are fixed to produce revenue ..sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agreement also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, insurance thereon and insurance against all liability for injury to persons or prop- erty arising from the operation thereof, and all taxes and special assess- ments levied upon or with respect to the Project Premises and payable - during the term of the Loan Agreement, Indenture and Regulatory Agreement; - 24 - 12/23 (g) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any lia- bility thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encum- brance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the State or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; and (h) a public hearing on the Project was duly held by the City Council on January 14, 1985. H. Subject to the approval. of the City Attorney and the provisions of Section 9 of this Resolution, the forms of the Agreements and exhibits thereto are approved substantially in the form submitted and on .file in the office of the City Clerk. The Agreements, in� substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents neces- sary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 7. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. The Bonds shall initially bear interest at the rate of interest set forth in the Indenture. The Bond Pur- chaser shall purchase the Bonds for an amount not less than 100% of the principal amount of the Bonds. The offer of the Bond Purchaser to so purchase the Bonds is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 8. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all pro- ceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise knowm to them; and all such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute representa- tions of the City as to the truth of all statements contained therein. 9. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be - 25 - 1.2/23 necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City -- Attorney and City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument_ by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. - In the absence (or inability) of the officials authorized herein to execute any of the documents herein referred to, the documents may be executed by any of- ficer or member of the City acting in their behalf. Seconded by Mayor Greavu, Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk Nay - Councilmember Bastian 2, Park Availability Charge - Commercial - Industrial a. Council tabled this item until the next regular meeting. 3. Refinancing St. John's I.R.B. a. Acting Manager Haider presented the Staff report. b. Mr. Dan Hartman, Miller and Schroeder, explained the specifics of the re- financing. C. Mary Ippel, Briggs and Morgan, spoke on behalf of the proposal. d. Councilmember Bastian introduced the following resolution and moved its adoption 85 12 207 A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, AUTHORIZING THE ISSUANCE AND SALE OF NOT EXCEEDING $26,000,000 OF CITY OF MAPLEWOOD, MINNESOTA, TENDER OPTION HOSPITAL REFUNDING REVENUE BONDS (HEALTH RESOURCES HOSPITAL CORPORATION) SERIES 1985 TO PROVIDE FUNDS TO REFUND CERTAIN OUTSTANDING BONDS OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA, ISSUED IN CONNECTION WITH HEALTH CARE FACILITIES OF HEALTH RESOURCES HOSPITAL CORPORATION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE INDENTURE OF TRUST SECURING SUCH BONDS AND THE LOAN AGREEMENT PROVIDING FOR THE LOAN OF THE PROCEEDS OF SUCH BONDS TO HEALTH RESOURCES HOSPITAL CORPORATION FOR SUCH PURPOSE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE ESCROW TRUST FUND 'AGREEMENT; °•AUTHORIZING A PRIVATE NEGOTIATED SALE OF SUCH BONDS; PROVIDING ANT EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act "), as found and de- termined by the legislature, is to promote the welfare of the State of Minne- sota (the "State") by the active attraction and 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_; and - 26 - 12/23 WHEREAS, the Act further states in Section 474.01, Subdivision as, that the welfare of the State requires the provision of necessary medical and health care facilities, to the end that adequate health care services be made available to residents of the State at reasonable costs; and WHEREAS, factors necessitating the active promotion and development of such medical and health care facilities are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of medical health care services required to meet the needs of the increased population; and WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City ") has received from Health Resources Hospital Corporation, acorporation organized under the laws of the State of Minnesota (the "Company "), a proposal that the City undertake to refinance a project hereinafter described, through the is- suance of Bonds, as hereinafter defined., pursuant to the Act; and WHEREAS, the City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project (as hereinafter defined)will assist the City in achieving those ob- jectives; the refinancing of the Project will provide substantial inducement for the continuation of the medical operations of the Company in the City and surrounding areas and will help to increase assessed valuation of the City and surrounding areas and help maintain a positive relationship between as- sessed valuation and debt and enhance the image and reputation of the community; and WHEREAS, 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; and WHEREAS, the City has heard testimony from representatives of'the. regarding certain cost savings to be achieved by virtue of a crossover refund- ing of a portion of certain Hospital Revenue Bonds (Health Resources Hospital Corporation) Series 1983 of the City (the "Series 1983 Bonds "), which series 1983 .Bonds were issued in connection with various capital improvements to and a refinancing program in respect of the Company's health care facilities (the "Project ") ; and WHEREAS, the City is duly authorized and empowered by the laws of the State of Minnesota, including particularly the Act, to issue and sell its refunding revenue bonds for the purpose of refundi.nga prior issue of bonds used to finance or refinance the cost of any project within the meaning of the Act; and WHEREAS, the City has determined that it is appropriate for the City to issue its refunding revenue bonds and to loan the proceeds thereof to the Com- pany for the purpose of providing funds for the crossover refunding of the Serie',,s 1983 Bonds, all pursuant to a Loan Agreement in which the Company will agree to make or provide for payments in amounts sufficient to pay the princi- pal of, premium, if any, and interest on such revenue bonds and the fees, costs, and expenses of the City in connection with the issuance of such re- funding revenue bonds; and - 27 - 12/23 WHEREAS, the City has determined to undertake the crossover refunding of the Series 1983 Bonds by the issuance of its Tender Option Hospital Refunding Revenue Bonds (Health - Resources Hospital Corporation) Series 1985 (the "Bonds "),, in an aggregate principal amount not to exceed $26,000,000 and to enter into the Indenture of Trust, the Loan Agreement and the Escrow Trust Fund Agree- ment as hereinafter described, to reflect the crossover refunding of the Series 1983 Bonds and the issuance of the Bonds; and WHEREAS, the Company's obligations with respect to the Bonds initially will be payable solely from the proceeds of certain "Escrow Securities" held under and pursuant to the Escrow Trust Fund Agreement hereinafter described to August 15, 1993, and thereafter will be payable solely from payments to be made by the Company pursuant to the Loan Agreement, all as hereinafter de- scribed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: SECTION 1. Findings It is hereby ascertained, determined and declared as follows: A. The City is authorized . and empowered by the Act to issue its refunding revenue bonds for the purposes of refunding a prior issue of bonds issued to finance or refinance the cost of any project in order to relieve conditions of unemployment in the State, encouraging an increase of industry and a balanced economy in the State, promoting economic development and promoting the health, welfare and safety of the residents of the City. B. The Project described in the Loan Agreement and Indenture referred to herein constitutes a Project authorized by the Act. C. The purpose of the Project is and the effect thereof will be to promote the public welfare. D. The Project is located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities. E. The issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Escrow Agreement and the Indenture and the per- formance of all covenants and .agreements of the City contained in the Loan Agreement, the Escrow Agreement and the Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Escrow Agreement, Indenture and Bonds valid and bind- ing obligations of the City in accordance with their terms are authorized by the Act. F. It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture. G. The basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, .if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement and Indenture also provide that the Company is required to pay - 28 - 12/23 all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement and Inden- ture. H. Under the provisions of Minnesota Statutes, Section 474.10, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds .shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City ex- cept the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a, charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Bonds are issued without moral obligation on the part of the State or its political subdivisions and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City within the meaning.; of any constitutional or statutory limitation. L. , A negotiated . sale of the Bonds, rather than a sale after public bidding, is in the best interests of the City, since (a) the Bonds will be special and limited obligations of the City payable solely out of the reve- nues derived by the City from the Loan Agreement hereinafter described and backed solely by the Escrow Securities on deposit under the Escrow Trust Fund Agreement as hereinafter described and thereafter by the general credit of the Company,. (b) the Company will be required to pay all costs in connec- tion with the Bonds which are not paid out of bond proceeds or otherwise and so operate and maintain the Project at the Company's own expense, (c) the costs of issuance of the Bonds, which must be borne directly or indirectly by the Company, most likely woul.d be greater if the Bonds are sold by public bidding rather than by private negotiated sale, (d) hospital. refunding reve- nue bonds of the nature of the Bonds typically are sold by private negotiated sale rather than by public bidding, (e) the Company has conducted negotiations relating to the principal amount, term and interest rate on the Bonds and has indicated its desire to proceed with the sale of the Bonds on a private nego- tiated basis rather than by public bidding, and (f) authorization of a private negotiated sale of the Bonds is necessary in order to serve the purposes of the Act. SECTION 2. Authorization of the Refunding The crossover refunding of the Series 1983 Bonds by the Company as provided in the Loan Agreement, the Escrow Trust Fund Agreement and the Indenture of Trust; all as hereinafter described, is hereby authorized. SECTION 3. Authorization of the Bonds To provide for the -refunding of the Series 1983 Bonds, the issuance by the City of Tender Option Hospital Re- funding Revenue Bonds (Health Resources Hospital Corporation) Series 1985 in an aggregate principal amount not to exceed $26,,000,000 is hereby authorized. The Bonds shall be initially . issued as fully registered term bonds in the principal denomination of $5,000 or any integral multiple thereof, maturing on Augst 15, 2013 (or such other date as may be provided in the hereinafter - described Inden- ture of Trust) and bearing interest payable on August 15 and February 15 of - 29 - 12/23 each year, commencing on August 15, 1956 (computed on the basis of a 360 -day year of twelve 30-day months). The Bonds shall bear interest at the Initial Rate (presently anticipated to be 8.50% but in any event not to exceed 9.500, as may be hereafter provided in the Indenture of Trust), plus the Supplemental Rate of .25% under the circumstances described in the Indenture of Trust to, but not including, the Initial Remarketing Date (as defined in the Indenture of Trust) and shall thereafter bear interest to.the final maturity date at a rate equal to the Minimum Adjusted Yield (as defined in the Indenture of Trust) or such other interest rate as may be determined pursuant to the Indenture of Trust; provided that the interest rate on the Bonds shall not exceed the maxi- mum interest rate permitted by law at the time such interest rate is established pursuant to the Indenture of Trust. The Bonds shall be subject to tender for purchase by the owners thereof and shall be remarketed on any Remarketing Date in the manner and to the ex_. tent provided in the Indenture of Trust. The Bonds shall also be subject to optional, mandatory and extraordinary redemption as provided in the Indenture of Trust. SECTION 4. Repayment of the Bonds.; Limited Obligations The principal of, premium, if any, and interest on the Bonds shall be secured to the extent provided in the Indenture of Trust hereinafter described, and shall be payable solely from the revenues and proceeds to be derived by the City pursuant to the Loan Agreement hereinafter described, or otherwise from the operation of the Project (except to the extent payable from the proceeds of the Bonds, in- come from the temporary investment thereof, and, under certain circumstances, the proceeds of insurance and condemnation awards). The Bonds shall not be deemed to be an indebtedness or charge against the general credit or taxing powers of the City within the meaning of any constitutional or charter pro- vision or statutory limitation and neither shall ever constitute or give rise to any pecuniary liability of the City, but shall be the limited obligations of the City payable solely as described hereinabove. - SECTION 5. Authorization. of Execution and Delivery of Indenture The Mayor and City Clerk and other officers of the City are hereby authorized and directed to execute and deliver, simultaneously with the execution and delivery of the Bonds, the Indenture of Trust (the "Indenture "), in. substantially the form attahced hereto as Exhibit A, with such changes, . insertions and omissions, as may be approved by the Mayor of the City, his execution thereof being con- clusive evidence of such approval. SECTION 6. Authorization of Execution and Delivery of Loan Agreement The Mayor and City Clerk and other officers of the City are hereby authorized and directed to execute and deliver, simultaneously with the execution and delivery of the Bonds, the Loan Agreement (the "Loan Agreement "), in sub- stantially the form attached hereto as Exhibit B, with such changes, insertions and omissions as may be approved by the Mayor, his execution thereof being con- clusive evidence of such approval,. The loan of the proceeds of the Bonds by the City to the Company for the purposes described in the Indenture and the Loan Agreement is hereby authorized and shall be governed by the provisions of the Indenture and the Loan Agreement. SECTION 7. Authorization of Execution and Delivery of Escrow Trust Fund ' Agreement The Mayor and City Clerk and other officers of the City are hereby authorized and directed to execute and deliver, simultaneously with the execution - 30 - 12/23 and delivery of the Bonds, the Escrow Trust Fund Agreement (the "Escrow Agreement "), in substantially the form attached hereto as Exhibit C, with such changes, insertions and omissions as may be approved by the Mayor, his execution thereof being conclusive of such approval.. The payment of the interest on the Bonds solely from certain United States government obliga- tions (the "Escrow Securities ") held under and pursuant to the Escrow Agree- ment to August 15, 1993, is hereby authorized and approved. SECTION 8. Approval of Remarketing Agreement The City hereby approves the execution and delivery by„the Company of the Remarketing Agreement (the "Remarketing Agreement ")., in substantially the form attached hereto as Exhibit D, with such changes, insertions and omissions as may be approved by the Mayor, his execution of the Indenture and the Agreement being conclusive evidence of such approval. The appointment of Miller & Schroeder Financial, Inc., and E. F. Hutton &.Company, Inc., as Remarketing Agent under the Remarketing Agree- ment is hereby approved. SECTION 9. App roval of Trustee. The City hereby approves the appointment of First Trust Company, Inc., Minneapolis, Minnesota, as Trustee under the In- denture. .Prior to the - execution and delivery of the Bonds and upon the request of the Company, the Mayor of the City may approve the appointment of any other financial institution .meeting the requirements of the,Indenture to act as Co- Trustee, his execution of the Indenture to constitute conclusive evidence of such approval. SECTION 10. Privately�Negotiated - SaleofBonds A Privately negotiated sale of the Bonds to Miller.& Schroeder - Financial, Inc., E. F. Hutton & Com- pany, Inc., and such other underwriters as may be approved by the Company (the "Underwriters "), rather than a sale by public bidding, is hereby authorized. The sale of the Bonds by the City to the Underwriters shall . be made pursuant to the Bond Purchase Agreement, in substantially the form attached as Exhibit E, upon the payment by.the Underwriters to the Trustee for the account of the City of the purchase price therefor specified in such Bond Purchase Agreement. The Mayor of the City is hereby authorized to execute and deliver the Bond Purchase Agreement to the Underwriters,.with such changes, insertions and omissions as may be approved by the Mayor, his execution thereof being con- clusive evidence of such approval. SECTION 11. Approval and Authorization of - Official Statement The form, terms and provisions of the Preliminary Official Statement, in substantially the form thereof attached hereto as Exhibit F, are hereby approved, and the Underwriters are hereby authorized to use the Preliminary official Statement in connection with the public offering of the Bonds. The City hereby authorizes the execution and delivery of a final Official Statement, substantially in the form of the Preliminary Official Statement now before the City, with such changes, insertions and omissions as may be approved by the Mayor (who is hereby author =. ized to execute and delivers•uch final official Statement), his execution thereof being conclusive evidence of such approval. SECTION 12. Authorization of Execution and Delivery of the Bonds The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Bonds in the manner provided in the Indenture, and the Trustee - 31 - 12/23 is hereby requested to thereupon authenticate the Bonds and deliver the same, upon payment by the Underwriters of the Purchase price therefor hereinabove described;., to the Underwriters. The signature of the Mayor and the City Clerk may be by facsimile and the corporate seal of the City may be in facsimile. SECTION 13. No Personal Liability No covenant, obligation or agreement herein contained or contained in the Indenture, the Loan Agreement or the Es- crow Agreement shall be deemed to be a covenant, obligation or agreement of any officer, member, agent or employee of the City in his individual capacity, and no such officer, member, agent or employee of the City shall be personally li- able on the Bonds or Bonds or be subject to personal liability or accountability by reason of the issuance thereof. SECTION 14. Authorization of Execution of Other Documents The Mayor or City Clerk and other officers of the City are hereby further authorized, em- powered and directed, either jointly or individually, to do all such acts and things and to execute all such documents and certificates on behalf of the City as may be necessary to conclude and close the issuance, sale and delivery of the Bonds. SECTION 15. Severability of Invalid Provisions If any one or more of the covenants, agreement or provisions herein contained shall be held contrary to any .express provision . of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be deemed null and void and shall be deemed separable from the remaining cove- : nants, agreements and provisions hereof and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. SECTION 16. Repeal of Conflicting Resolutions All resolutions or ordi- nances or parts thereof of the City in conflict with the provisions herein con- flict, hereby superseded and repealed. - SECTION 17 . Effective Date This Resolution shell take effect immediately upon its adoption. Adopted this 23rd day of December, 1985 CITY OF "MAPLEWOOD, MINNESOTA EVA Attest: Mayor City Clerk -. Seconded by Councilmember Anderson. Ayes - all. 4. Valley Branch Watershed District a. Acting Manager Haider presented the Staff report. b. Councilmember proposal as prese ! to notifv the Me - 32 - 12/23 that the Seconded by Councilmember Maida. Ayes - all. 5. I.R.B. Final Approval - Western State Bank a. Ms. Mary I Briggs and Morgan, spoke on behalf of the proposal. b. Mr. Bill Sans, President, Western State Bank, spoke on behalf of the proposal and stated the building will be completed by March 15, 1986. C. Councilmember Anderson introduced the following resolution and moved its adoption 85 - 12 - 208 NOTE RESOLUTION BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, as follows: ARTICLE ONE 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 Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of Rents and Leases the agreement to be executed by the Bor- rower assigning all the rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereon; 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 WAV, Inc., a Minnesota corporation, its successors and assigns, and any surviving, resulting or transferee business entity which may assume his obligations under the Loan Agreement; City the City of Maplewood, Minnesota, its successors and assigns; Construction Fund the fund established by the City pursuant to this Resolution and into which the proceeds of the Note will be deposited; Construction Loan Agreement the agreement to be executed by the City, the Borrower and the Lender, relating the acquisition, construction and in- stallation of the Project; - - 33 - 12/23 Disbursing Agreement the - agreementto be executed by the City, the Borrower and the Lender, relating to the disbursement and payment of Project Costs out of the Construction Fund; Guarant the guaranty of the obligations of the Borrower under the Note, the Mortgage, the Loan Agreement and all related documents by Western Bankshare, Inc. (the "Guarantor "); Impr ovements : 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 Wayzata Bank. and Trust Company, Wayzata, Minnesota, its suc- cessors 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 accor- dance with its provisions; M ortgage : the Combination 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 $1,800,000 Industrial Development Revenue Note of 1985 (WAV, Inc. 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 construc- tion 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; Pledge Agreement the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement to the Lender; 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; 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 December 23, 1985, together with any supplement or amendment thereto. - 34 - 12/23 All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and sub - divisions 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 Resolu- tion. 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 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 Construction Loan Agreement, and the Disbursing Agreement which documents specify the terms and conditions of the acquisition and financing of the Project; (3) in authorizing the Project the City's purpose is, and in its judg- ment the effect thereof will be, to promote the public welfare by: the at- traction, 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 development of revenue - producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educa- tional 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 faci- lities; the provision of accessible employment opportunities for residents in the .area; the expansion of an adequate tax base to finance the cost of govern- mental services, including educational services for the school district serving the community in which the Project is situated; (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Section 474.05 of the Act, will require the issuance of the Note in the principal amount of $1,450,000 as hereinafter provided (5) it is desirable, feasible and consistent with the objects and pur- poses of the Act to issue the Note, for the purpose of partially financing the Project; (6) the Note and the interest accruing thereon do not constitute an in- debtedness 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' - 35 - - 12/23 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 con- sistent 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 accor- dance 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 and the Disbursing Agreement, to . provide for the construction and installation of the Improvements to be included in the Project pursuant to the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note The Note issued pursuant to this Resolution shall be in substantially the form . set forth on Exhibit A hereto, 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 $1,800,000 unless a duplicate Note is issued pursuant to Section 2 -7. 2 -2. The Note. The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -3. Execution The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall neverthe- less be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or City Clerk, such officers of the City . as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. - 36 - 12/23 2 -4. Delivery of Note Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement; (B) the Pledge Agreement; - (C) the Mortgage; (D) the Assignment of Leases and Rents; (E) the Construction Loan Agreement; (F) a Cost Certificate signed by the Borrower certifying the use of the proceeds of the Note;. (G) and all existing leases between the Borrower and any tenants of the Projects; (H) the Disbursing Agreement; (2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel and Lender's Counsel; (3) the opinion of Bond Conn Sell : as - td thuavalidjLty and tax exempt status of the Note; (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of ,rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2 -5. Disposition of Note Proceeds There is hereby established with the Lender a Construction Fund to be held by the Lender as a separate account of the City as provided in the Con- struction Loan Agreement. Upon delivery of the Note to Lender, the proceeds of such Note shall be credited to the Construction Fund held by the Lender on behalf of the City, at which time the entire principal amount of the Note shall be deemed advanced, and the Lender shall on behalf of the City, disburse funds from the Construction Fund for payment -.of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, in- cluding compliance with the provisions of the Construction Loan Agreement. The Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. Any surplus in the Construction Fund shall be applied towards the pre- payment of the Note as provided in the Construction Loan Agreement and the Disbursing Agreement and shall not be invested to produce a yield greater than the yield on the Note, as required by Internal Revenue Service Revenue Pro- - cedure 79 -5, Revenue Procedure 81 -22 and 26 CFR 601.201 (and any subsequent amendments, modifications or replacements thereof); provided that, if the Lender receives an opinion of Bond counsel that the exemption from federal - 37 - 12/23 income taxation of interest on the Notes will not be jeopardized, the surplus funds maybe invested at a yield greater than the yield on the Note. 2 -6. Registration of Transfer The City will cause to be kept at the office of the City Clerk a Note Register in which, _subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2 -7. Mutilated, Lost or Destroyed Note In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and .upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost,.. upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it, all in conformance with Minnesota Statutes, Section 475.70 and 475.69. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 2 -8. Ownership of Note The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2 -9. Limitation on Note Transfers The Note has been issued without registration under state or other securi- ties 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 participa- tion interest in the Note be given pursuant to any participation agreement, . except in accordance with an applicable exemption from such registration re- quirements and in accordance with Section 7.11 of the Loan Agreement. ARTICLE THREE GENERAL COVENANTS 3 -1. Payment of Principal and Interest - 38 - 12/23 The City, covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from.and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement and the Assignment of Leases and Rents, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Pledge Agreement, the Mortgage,. the Construction Loan Agreement and the Assignment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3 -2. Performance of and Authority for Covenants The City covenants that it will faithfully . perform at all times any and all covenants, undertakings, stipulations and .provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota includ- ing particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3 -3. Enforcement and Performance of Covenants The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Construction Loan - Agreement and the Disbursing Agreement, and to perform all covenants and other provisions pertaining to the City contained in the Note, the Loan Agreement and the Construction Loan Agree- ment and the Disbursing Agreement and subject to Section 3 -4. 3 -4. Nature of Security Notwithstanding anything contained in the Note, the Mortgage, the Assign- ment of Leases and Rents, the Loan Agreement, the Pledge Agreement or any other document referred to in Section 2-4 to the contrary, under the provi sions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this - 39 - 12/23 Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment of Leases and Rents, the Construction Loan Agreement and the Disbursing Agreement, and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement and the Disbursing Agreement shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. - 3 -5. Preservation of Tax Exempt Status of the Note. (1) In order to preserve the tax exempt status of the Note, the City covenants that it shall take such actions as are required and within its reasonable control to prevent the interest on the Note from becoming taxable for federal income tax purposes for the owners thereof (other than any owner . who is a "substantial user" or "related person thereto" within the meaning of Section 103(b) of the Code) including but not limited to taking all actions required of it under Section 103(c)(6) of the Code. To this end, the City shall: (A) cause the Borrower to maintain records identifying all "gross proceeds" attributable to the Note, the yield at which such gross proceeds are invested, any arbitrage profit derived therefrom, and any earnings de- rived from the investment of such arbitrage profit; (B) make and maintain on file all annual determinations of the amount, if any, of excess arbitrage required to be rebated to the United States; (C) rebate to the United States at least once every five years the amount, if any, which is required to be rebated to the United States, in- cluding the last installment which shall be made no later than 30 days after the day on which the Note is paid in full; (D) not invest "gross proceeds" in any acquired nonpurpose obligations so as to deflect arbitrage otherwise payable to the United States as a "pro- hibited payment" to the third party; (E) refrain from investing any "gross proceeds" allocable to the Note in acquired nonpurpose obligations at a yield in excess of the yield on the Note to the extent such gross proceeds exceed in any calendar year more than 150% of the debt service requirements for the Note in that calendar year; and (F) retain on file all records of the annual determination of the rebate amount until six (6) years after the retirement of the Note; (2) the City hereby represents and covenants that any fees received by it in connection with the issuance of the Note shall be spent as quickly as practicable and until spent shall not be invested in acquired nonpurpose obli- gations the yield on which exceed the yield on the Note. - 40 - - 12/23 ARTICLE FOUR MISCELLANEOUS 4 -1. Severability If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particu- lar case in any jurisdiction or jurisdictions or in all jurisdictions or.in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remain- ing portions of this Resolution or any part thereof. 4 -2. Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certi- fied copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall con- stitute recitals of the City as to the correctness of all statements con- tained therein. 4 -3. Registration of Resolution - - The City Clerk is authorized and directed to cause a copy of this Resolu- tion to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Mote as a bond of the City has been duly entered upon his bond register. 4 -4. Authorization to Execute Agreements The forms of the proposed Loan Agreement, Pledge Agreement, Construction Loan Agreement and the Disbursing Agreement are hereby approved in substantially the form heretofore presented . to the City Council together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the docu- ments, and the Mayor and City Clerk are authorized to execute the Loan Agree- ment, the Pledge Agreement, the Construction Loan Agreement and the Disbursing Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note upon approval by the City Attorney as to the form. In the event of the absence or disability of the Mayor and City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further" or authorization of the City Council do all things and execute all instruments - 41 - 12/23 and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Adopted: December 23, 1985. Mayor Attest: City Clerk Seconded by Councilmember Bastian. Ayes - all. 6. I.R.B. Final Approval a. Councilmember Bastian moved to table this item until the December 26, 1985 meeting Seconded by Councilmember Wasiluk. Ayes - all. J . VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Personal a. Councilmember Maida wished to thank the Staff for all their help during her four -year term. i L. ADMINISTRATIVE PRESENTATION I. 1. Metro Supervisory Contract a. Acting Manager Haider presented the proposed contract. b. Councilmember Anderson moved to approve the 1986 Metro Supervisory Contract as presented Seconded by CouncilMember Maicla. Ayes - all. M. ADJOURNMENT 10:40 P.M. City Clerk - 42 - 12/23 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, December 26, 1985 Council Chambers, Municipal Building. Meeting No. 85-30 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building," and was called to order at 7:04 P.M. by Mayor Greati7u. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Co- tw.cilmember Present MaryLee Maida, Councilmember Present Charlotte Was i luk , Councilmember Present C. UNFINISHED BUSINESS 1. Tax- Exempt Financing Approval - Silver Ridge Apartments a. City Attorney John Bannigan presented Council his opinion regarding liability if the City were to refuse to approve the tax - exempt financing for Silver Ridge Apartments at this time . b. Coul�cilmember Bastian introduced the following resolution and moved its adoption 85 - 12 - 209 RESOLUTION AUTHORIZING A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MINNESOTA, as follows: 1. The Council has received a proposal from Tri -State Maple Ridge Limited Partnership, a Minnesota partnership, (the "Company ") that the City undertake to finance a certain Project and multifamily, rental housing program for such Project as herein described, pursuant to Chapter 462C, Minnesota Sta- tutes (the "Act "), through the issuance by the City of its $4,800,000 Multi- family Housing Revenue Bonds, Series 1985 (Silver Ridge Apartments Project) ( the "Bonds ") , and in accordance with a Bond Purchase Agreement ( the "Bond Purchase Agreement ") between the City, the Company, and Dain Bosworth Incor- porated or designee (the "Bond Purchaser ") . 12/26 if' 2. The Company desires to acquire and construct a multifamily housing development consisting of approximately six buildings containing 186 units and related improvements including parking facilities (hereinafter referred to as the "Project ") in the City. The Project as described above will . faci.litate the development of rental housing within the community; encourage the develop- ment of affordable housing opportunities for residents of the , City, encourage the development of housing facilities designed for occupancy by persons of low or moderate income - and assist such persons in obtaining decent, safe and sanitary housing at rentals they can afford; encourage the development of blighted or underutilized land within the boundaries of the City; and will otherwise further the policies and purposes of the Act; and the findings made in the - Preliminary Resolution adopted by this Council on July 22, 1985, with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of Decem- ber 1, 1985, between the City as Lender and the Company as Borrower (the "Loan Agreement ") , ' the City loan the proceeds of the Bonds to the Company to partially finance the costs of the Project. The Loan Repayments to be made by the Com- pany under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the Loan Repayments and certain other rights under the Loan Agreement to First Wisconsin Trust Company, in Milwaukee, Wisconsin (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated as of December 1, 1985 (the "Indenture") be- tween the City and the Trustee. To further secure the payment of the Bonds and the interest thereon and of the purchase price of any Bonds required to be pur- chased under the provisions of the Indenture, the Company will provide for a Loan Purchase Agreement (the "Loan Purchase Agreement ") to be executed by First Financial Savings Association (the "Bank ") and in connection therewith, enter into a Reimbursement Agreement dated as of December 1, 1985 (the "Reimburse- ment Agreement ") with the Bank. Payments under the Loan Purchase Agreement and payments on the Bonds will be further secured by collateral pledged to the Trustee by the Bank pursuant to a Collateral Agreement dated as of Decem- ber 1, 1985 by and between the Bank and the Trustee. Payment of the principal and interest on the Bonds is also secured by a Mortgage, Assignment of Rents and Leases, (the "Mortgage ") dated as of December 1, 1985 executed by the Com- pany in favor of the Trustee. The loan pursuant to the Loan Agreement will be disbursed and serviced pursuant to a Construction Loan and Permanent Mortgage Servicing Agreement (the "Servicing Agreement ") dated as of December 1985, by and among the Trustee, the City, the Bank and the Company. The acquisition, construction, operation and occupancy of the Project will conform to the terms and conditions of a Regulatory Agreement (the "Regulatory Agreement ") dated as of December 1, 1985, between the City, the Company and the Trustee and a Declaration of Restrictive Covenants (the "Declaration ") dated as of December 1, 1985, executed by the Company and recorded as a covenant and restric Uon running with the land on which the Project is located. 4. This Council, by action taken on July 22, 1985, adopted a resolution giving preliminary approval to a proposal to finance a project substantially the same as the Project; and on or about December 7, 1985, the Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. - 2 - 12/26 Vp 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement (b) The Indenture (c) The Bond Purchase Agreement (d) The Regulatory Agreement (e) The Declaration (not executed by the City) (f) The Servicing Agreement 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing pro- gram for the Project is authorized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental housing facilities for assisting persons of low and moderate income within the .City to obtain decent, safe and sanitary housing at rentals they can afford; (c) the acquisition, construction and installation of the Project , the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement, the Regulatory Agreement and the Servicing Agreement (collectively the "Agreements ") , and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, Regulatory Agreement, Servicing Agreement and Declara- tion, which terms and conditions the City determines to be necessary, desirable and proper, to acquire and install the Project by such means as shall be avail- able to the Company and in the manner determined by the Company, subject to the terms of the aforesaid agreements; .(e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; ( f ) the loan repayments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agreement also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement, Indenture and Regulatory Agreement; - 3 - 12/26 ir (g) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compe 1 ' any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium, if any, thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agree- ment which have been assigned to the Trustee under the Indenture; the Bonds shall constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agree- ment which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the State or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the pay- ment thereof and that the bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; and (h) a public hearing on the Project was duly held by the City Council on July 22, 1985. 7. Subject to the approval of the City Attorney and the provisions of Section 10 of this Resolution, the forms of the Agreements and exhibits thereto are approved substantially in the form submitted and on file in the office of the City Clerk. The Agreements, in substantially the form submitted, are dl- rected to be executed in the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the trans- act described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 8. The City shall proceed forthwith to issue its in the fora and upon the terms set forth in the Indenture and this Resolution. The Bonds shall initially bear interest at a rate of not greater than eleven percent (11 %) per annum. The Bond Purchaser shall purchase the Bonds for an amount not less than 96% of the principal amount. of the Bonds. The offer of the Bond Purchaser to so purchase the Bonds is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the bonds as prescribed in the Indenture and to deliver them to the Trustee for authenti- cation and delivery to the Bond Purchaser, 9. The Mayor and City Clerk and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the Bonds,, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds 'as such facts appear from the books and records in the officers' custody and control or as otherwise-known to them; and all such certified copies, certificates and affidavits, including any heretofore .fur- nished, shall constitute representations of the City as to the truth of all statements contained therein. - 4 - 12/26 �r 10. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City` Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby author- ized to approve said changes on behalf of the City. The execution of any in- strument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance wi th ' the terms hereof. In the absence (or inability) of the officials authorized herein to execute any of the documents herein referred to, the documents may be exe- cuted by any officer or member of the City acting in their behalf. Passed: December 26, 1985 Mayor ATTEST: City Clerk Seconded by Councilmember Maida. Ayes - all. c. Councilmember Bastian moved a moratorium on Tax - Exempt financing for six 1 (6) months effective January 1, 1986 and that a group consisting of repre- entatives of the Staff Planning Commission,, trades peMle and developers be formed to create criteria for this type of financing Seconded by Councilmember Anderson. Ayes - all. 2. I.R.B. Final Approval - R L & D Associates - Edina Realty a. Acting Manager Haider presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption 85 - 12 - 210 0 NOTE RESOLUTION BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. De f initions . The terms used herein, unless the context hereof shall require otherwise shall have the following meanings , and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. * - 5 - 12/26 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 Lender to secure the repayment of the Note and interest thereon; 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 R. L. & D. Associates, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business en- tity which may assume its obligations under the Loan Agreement; City: the City of Maplewood, Minnesota, its successors and assigns; Construction Fund the fund established by the City pursuant to this Resolution and into which the proceeds of the Note will be deposited; Disbursing Agreement the agreement to be executed by the City, the Borrower and the Lender, relating to the disbursement and payment of Project Costs out of the Construction Fund for the acquisition of the Guaranty the guaranty to be executed by Ronald Peltier, Richard Olson and Lawrence Davis, 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 Town & Country Bank, Maplewood, 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 wid the loan of the pro- ceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Mortgage the Mortgage, Security Agreement and Fixture Financing State- ment to be executed by the Borrower, as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon Note: the $1,500,000 Commercial Development Revenue Note of 1985, (R. L. & D. Associates 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 con- . struction and installation of the Improvements on the Land, which are approved by the Lender, together .with such modifications thereof and additions thereto 6 - 12/26 ,r as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Pledge Agreement : the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement to the Lender; 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; 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 December 26, 1985, 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 sub- divisions 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 Pledge Agreement, the Note and the Construction-Loan Agreement, which documents specify the terms and conditions of the acquisition and financing of 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 development of revenue- - producing enterprises to use the available resources of the community, in 7 - 12/26 �r order to retain the benefit of the Community's existing investment in educational and public service facilities; the halting of the movement of talented, edu- cated personnel of all ages to other areas thus preserving the economic and human resources needed as a base for providing governmental services and faci- lities; the provision accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the cost of govern - mental services, including educational services for the school district serving the Community in which the Project is situated; (4) the amount estimated to be necessary to partially finance the Project Costs, _ including the costs and estimated costs permitted by Section 474.05 of the Act, will require the " issuance of the Note in the principal amount of $1,500,000 as. hereinafter provided; (5) it is desirable, feasible and consistent with the objects and pur- poses of the Act to issue the Note, for the purpose of 'partially financing 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 con- sistent 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 accor- dnace with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide. for the construction and installation of the Improvements to be included in the Project pursuant to the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be 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. 8 - 12/26 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 on Exhibit A hereto, 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 princi- pal amount of the Note that may be outstanding hereunder is expressly limited to $1,500,000 unless a duplicate Note is issued pursuant to Section 2 -7. 2 -2. The Note The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 - Execution The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or City Clerk, such officers of the City as, in the opinion of the City Attorney, may act in thdir behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2 -4. Delivery of Note Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) are executed copy of each of the following documents: (A) the Loan Agreement; (B) the Pledge Agreement; (C) the Mortgage; (D) the Assignment of Leases and Rents; (E) the Construction Loan Agreement; (F) the Guaranty; (G) a Cost Certificate signed by the Borrower certifying the use of the proceeds of the Note; (H) the lease between the Borrower and Edina Realty, Inc., and any other between the Borrower and subtenants now existing; (2) an opinion of Counsel for the Borrower and Guarantors as prescribed by Bond Counsel and Lender's Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; - 9 - 12/26 �r (4) such other documents and opinions as Bond Counsel may reasonably 1 require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2--5. Disposition of Note Proceeds There is hereby established with the Leader a Cons truction Fund to be held by the Lender as a separate account of the City as provided in the Con - struction Loan Agreement. Upon delivery of the Note to Lender, the proceeds of such Note shall be credited to. the Construction Fund held by the sender on behalf of the City, at which time the entire principal amount of the Note shall be deemed advanced, and the Lender shall, on behalf of the City, dis- burse funds from the Construction Fund for payment of Project Costs upon re- ceip.t of such supporting documentation as the Lender may deem reasonably necessary, including compliance with the provisions of the Construction Loan Agreement. The Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. 2 -6. Registration of Transfer The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer saitsfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note, 2 -7. Mutilated, Lost or Destroyed Note 6 In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and a tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connec- tion therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it, all in conformance with Minnesota Statutes, Sections 475.70 and 475.69. If the mutilated, de- stroyed or-lost Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 2 -8. Ownership of Note The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absoliite owner of such Note for the pur- pose of receiving payment of or on account of the Principal Balance, redemp- tion price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. - 10.- 12/26 2 -9. Limitation on Note Transfers The Note has been issued without registration under State or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such regis- tration requirements and in accordance with Section 7.11 of the Loan Agree- ment, ARTICLE THREE GENERAL COVENANTS 3 -1. Payment of Princi ]2al and Interest The City covenants that it will promptly pay or cause ` to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The princi- pal and interest derived from the Loan Agreement, the Pledge Agreement, - the Mortgage, the Construction Loan Agreement, the Guaranty and the Assignment of Leases and Rents, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty and the Assignment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3 -2. Performance of and Authority for Covenants The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered heretnder and in all proceedings of the City Council pertaining thereto; that it is duly author- ized under the Constitution and laws of the State of Minnesota including par - ticularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the ex- tent set forth in this Re solution , the Note., the Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforce- able special limited obligation of the City according to the terms thereof. 3 -3. Enforcement and Performance of Covenants The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Construction Loan Agreement, and to perform all covenants and other provisions pertaining to the City contained in the Note.. the Loan Agreement and the Construction Loan Agreement and subject to Section 3--4. 3 -4. Nature of Security Notwithstanding anything contained in the Note, the Mortgage, the Assign- ment of Leases and Rents, the Loan Agreement, the Pledge Agreement or any other document referred to in Section 2 -4 to the contrary, under the provisions -- 11 - 12/26 of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers , employees and agents . No holder of the Note shall ever have the right to compel any exer- cise of the taxing power - of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not contibute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment of Leases and Rents , the Construction Loan Agree- ment', the Guaranty and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; pro- vided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement, . the Pledge Agreement and the Construction Loan Agreement shall be subject 'at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. 3 -5. Preservation of Tax Exempt Status of the Note (1) In order to preserve the tax exempt status of the Note , the City covenants that it shall take such actions as are required and within its reasonable control to prevent the interest on the Note from becoming taxable. for federal income tax purposes for the owners. thereof (other than any owner who is a "substantial user" or "related person thereto" within the meaning of Section 103(b) of the Code) including but not limited to taking all actions required of it under Section 103 (c) (6) of the Code. To this end, the City shall: (A) cause the Borrower to maintain records identifying all "gross proceeds" attributable to the Note, the yeild at which such gross proceeds are invested, any arbitrage profit derived therefrom, and any earnings derived from the in- vestment of such arbitrage profit; (B) make and maintain on file all annual determinations of the amount, if any, of excess arbitrage required to be rebated to the United States; (C) rebate to the United States at least once every, five years the amount, if any, which is required to be rebated to the United States, including the last installment which shall be made no later than 30 days after the day on which the Note is paid in full; (D) not invest "gross proceeds" in any acquired nonpurpose obligations so as to deflect arbitrage otherwise payable to the United States as a "pro- hibited payment" to the third party; 12 - 12/26 ir k (E) refrain from investing any "gross proceeds allocable to the Note in acquired nonpurpose obligations at a yield in excess of the yield on the Note to the extent such gross proceeds exceed in any calendar year more than 150,% of the debt service requirements for the Note in that calendar. year; and (F) retain on file all records of the annual determination of the rebate amount until six (6) years after the retirement of the Note; (2) the City hereby represented and covenants that any fees received by it in connection with the issuance of the Note shall be spent as quickly as practicable and until spent shall not be invested ' in acquired nonpurpose obli- gations the yield on which exceeds the yield on the Note. ARTICLE FOUR MISCELLANEOUS 4--1. Seve rabi 1 ity . If any provision of this Resolution shall be. held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular i case in any jurisdiction or jurisdictions or in all jurisdictions or n all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforce- able to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution. contained shall not affect the remaining portions of this Resolution or any part thereof. 4 -2. Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evi- dence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4 -3. Registration of Resolution The City Clerk is authorized and directed to cause a copy of this Reso- lution to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4 -4. Authorization to Execute Agreements The forms of the proposed Loan Agreement, Pledge Agreement and Construc- tion Loan Agreement are hereby approved in substantially the form heretofore presented to the City Council together with such additional details,therein as may be necessary and appropriate and such modifications thereof,, deletions therefrom and additions thereto as may be necessary and appropriate and ap- proved by Bond Counsel prior to the execution of the documents, and the Mayor and City Clerk are authorized to execute the Loan Agreement, the Pledge 13 - 12/26 Agreement and the Construction Loan. Agreement in the' name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in .connection with the issuance of the Note upon approval by the City Attorney as to the form. In the event of the absence or disability of the Mayor and City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents re- quired to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof Adopted: December 26, 1985 Mayor ATTEST; City Clerk Se cQnded by Coun ci lmember Maida. Ayes - all. D. VISITOR PRESENTATION 1. Mr. William R. Peterson a. Mr. Peterson,,-. the Builders' Trade Council, wished to commend the Council on the ' di f f i cult de ci s ion they were required to make regarding the Silver Ridge Apartment financing. E. ADJOURNMENT 7:22 P.M. City Clerk 14 - 12/26 sY.'@CFTdI�F#Ridii a Action by Council: MEMORANDUM Endorse Mo d i f i e d.�,...��....,,_.a,. Rejecte - TO: City Manager Date FROM: City Clerk RE: Keller Club House Liquor License - DATE: January 7, 1985 Thomas Givens, on behalf of Keller Club House, has applied for the 1986 On -Sale Intoxicating Liquor License. Ramsey. County has approved a.. five (5) year lease to Mr. Givens to oper- ate at the Keller Club House, so hopefully the. application for the liquor license .will not be late again. It is recommended the application be approved. � -3 MEMORANDUM Action by Council. Endorse TO: City Manager Mod.if FROM : Finance Director R e ���-_- RE: Payment on No, St. Paul Well #5 Debt o.� DATE: January 2, 1986 PROPOSAL It is proposed that the $4,000 surplus in the W.A.C. Fund be used to make a payment on the North St. Paul Well #5 debt. RAUnpnmn In 1971 the City of Maplewood entered into a 20 -year contract for water service with the City of North St. Paul. In 1976 the contract was amended to provide for a water surcharge on Maplewood residents connected to the North St. Paul water system. The surcharge was added to finance the construction of a fifth water well in North St. Paul that was needed due to the increased water demands caused by residential construction in, the northeast corner of Maplewood. The cost of this well was $191,742. In February of 1977, the City of North St. P aul began bil Maplewood res.i dents a surcharge which is currently $3.20 per month. After adding interest expense at a rate of 7.5/ and deducting surcharge collections, the current debt on Well #5 is approximately $82,000. The W.A.C. Fund currently has a surplus of $342,000. Approximately $338,000 of this amount has resulted from W.A.C. fees collected within the St. Paul Water Service District. These monies will be needed for annual transfers to the G. 0. Bonds of 1973 to finance the debt service requirements for water service improve- ments (in the St. Paul District) that were not assessed. The remaining $4,000 of the surplus has resul. ted from W.A.C. fees collected within the North St. Paul water service district. Since this money i.s not needed for unassessed water system improvements within the North St. Paul water service district, it would be appropriate to use it to reduce the debt on the North St. Paul Well #5. RECOMMENDATION It is recommended that the Council authorize the payment of $4,000 from the W.A.C. Fund to the City of North St. Paul for Well #5. DFF :1 nb ALA MEMORANDUM TO: City Manager FROM: Finance Director, --- RE: 1986 Payrate - Accountant DATE: January 2, 1986 Action by Council: Endorsed.... Modif Rejec e Date On October 28th the Council approved a 4.5% increase in the salaries for non - union positions. Due to an oversight, the Accountant position in the Finance Department was omitted from this list. Therefore, it is recommended that the Council authorize a 4.5/ increase in the payrate for this position and. approve a budget transfer from the Contingency Account to finance the increase. DFF:1 nb .Aotion by Council January 7, 1986 Endor eed Modif ied . MEMORANDUM Rejecte Date To: City Manager Donald Lais From: Chief of Police Kenneth V. Col l i n's Subject: Twenty —Year Awards Sergeant Anthony G. Cahanes and Officer Roger W. Lee completed twenty years of service to the city on December 13, 1985. I would recommend that these officers be honored at the January 13, 1986, Council meeting and that they be presented plaques and.twenty —year, pins by the Mayor. I submit this for your review and handling. KUC: j Act .l o n b y our 1 Ena�r�: MEMORANDUM M Re j - To: Ken Haider, Acting City Manager Da re - From: Robert D. Odegard, Director of Parks and Recreatio Date: December 17, 1985 Subj: Park Availability Charge on Commercial and Industrial Property- _ Code Sec. 21 -66 Maplewood Code Sec. 21 -67 Required dedications- Generally. The developer of any tract of land in the c ity which is to be developed for commercial, industrial or l i k e uses, shall dedicate to the public for public use as parks, playgrounds or public open space, such portion of his development tract equal to six (6) percent thereof and on January 1, 1985, and thereafter, shall be in the amount of seven (7) percent with said rate to be reviewed in December, 1985. The percentage of the development tract to be so dedicated may be amended by resolution of the council. (Ord. No. 400, 1 2, 7 - 22 -76; Ord. No. 564, 1 1, 1- 23 -84) The Park and Recreation Commission at their December 16, 1985, meeting dis- cussed the commercial P.A.C. charges and the revenue that has been generated over the past seven years. The Commission also discussed the expenditures and the need for additional funds to acquire an-J develop the Maplewood park system. On motion by John Chegwyn, second by Don Christianson, the Maplewood Park and Recreation Commission recommends to the City Council that the Park Availability Charge for 1 conti at 7% for Commercial and Industrial property; Passed unanimously. The Park and Recreation Commission will be recommending to the City Council at their first meeting in January that the Neighborhood P.A.C. charges continue in 1986 to be the same as in 1985. i REVENUE FROM C"ERCIAL P.A.C. Y.. R REVENUE % CHARGED E MARKET VALUE 1979 $41,885 3h S891 ,, X980 17 3h 487,200 1981 54 723 3� 1 1982 93 5 1 9 874 - 9 00 , 1983 140 479 5 2,809,580 1984 99 061 6 1,651,000 11/30/1985 . 156 891 7 2,241,3.00 603,834 MEMORANDUM To: Park-.and Recreation Commission Members From: Robert D. Odegard, Dir ector of Parks and Recreation Date December 10, 1985 Sub J : Park Availability Charge on Commercial and Industrial Property - Code Sec. 21 -66 Please find enclosed a copy of Maplewood Code Sec. 21 -66 which was passed by the C ity y Council l on Jul 22 1976. At the original pas sage , the commercial and � industrial property fee ,was 3-112 percent of market value. In 1982 the Council increased this to 5 P ercent with a $12,000 per acre maximum. No increase was approved for 1983, but an increase to 6 percent was approved for 1984 and 7 per - cent for 1985. You will. note that this ordinance does not require an annual resolution stating charges for commercial and industrial property as does the • 9 residential developers. ordnance for park acquisition and development costs paid by res de p In contacting other communities as to their.industrial property charges, two phrases are expressed: Assessed Valuation; Market Value. Assessed valuation of land is the value established by the Tax Assessor's Depart- ment. Over the y ast ears, valuation has increased but it is still less than P the full v a t ue of the property. Market value of the property is the value that has been established by appraisals or by negotiation between the owner and the City Council. The communities of New Brighton, Brooklyn Center, Roseville and North St. Paul do not have Park Acquisition and Development Ordinances because they were suf- ficiently built up at the time that t h i s method of funding park acqu i s -i t i on and development was started. It was reasoned that it was not fair to new industries c . oming into the community to have to pay for local parks when previously estab- lished industries did not have to contribute. The following information was compiled in December 1985 by personal phone cal is to communities that have Park Availability Charges on commercial and industrial. property: t 1985 SURVEY ON PARK 1 CHARGES t 1985 SURVEY ON PARK AVAILABILITY CHARGES N COMIMERCIAL AND INDUSTRIAL PROPERTT ASSESSED MARKET UNDEVELOPED COMMUNITY PERCENT VALUATION WLUE LAND Plymouth 10% X Cottage Grove 10% X Shoreview 10% X Maple Grove 5% X Brooklyn Park 10% X Mounds View 10% X Oakdale 10% X X - Woodbury 10% X Eden Prairie $2200 /Acre X - Maplewood 7% X X Apple Valley 5% } White Bear Twp . 10% X X From the gathered information, it would appear that the majority of communities - are now charging 10% of either the fair market value or 10% of the assessed value. a DIVISION 3. COMMERCIAL AND INDUSTRIAL Sec. 2146. Purposes and Intent. The purposes and intent of this division are to assure the citizens of the city that additional open space for parks, playgrounds and tw reational facilities will be the responsibility of every sort of new development in the city, not just residential development, so that the city's present vast amount of privately owned open spaces with potential for development are partially available for orderly park, rscreational and open space development; to insure that, in fact, such facilities will be provided; and to preserve, enihance and im - prove the quality of the physical on viromrmot of the city for com- mercial and industrial WNW, or a combination thereof, regardless of whether such developments or subdivisions are within the contest of the city subdivision ordinances. (Ord. No. 400, § I 7- 22 -76) ! ` W 2 1309 so sI 1 2147 MAPLSw00D C ODE Sec. 2147. Required dedications — Generally. The developer of any tract of land in the city which is to be developed for Commercial, industrial or like uses, shall dedicate to the public for public use as parks, playgrounds or public open space, such portion of his development tract equal to six (6) per- cent thereof and on January I 1985, and thereafter, shall be in the amount of seven (7) percent with said rate to be reviewed in December 1 The percentage the development tract to be so *aft cated may be amended by resolution of the council. (Ord. No. 400, 12, 7- 22.76; Ord. No. 564, 11. 1- 23-84) Sec. 21 -68. Same -- Delineation of area on preliminary plat or site plan. The actual area to be dedicated for public use as parks, play- grounds or public open space shall be delineated on the preliminary plat or site plan by the developer. Such plat or site plan shall be referred to the parks and recreation commission for its scrutiny and report to the city council of its findings, conclusions and recom- mendations, with this referral being m addition to any other referral to other commissions or committees. (Ord. No. 400,13,7-22-76) Sec. 21 -69. Same — Directions of city council. If the city council, after receiving the reports of the parks and recreation commission and the planning commission, shall deter- mine that such area delineated by the developer pursuant to section 21-68 of this division is unsuitable for such purposes, it may require the subdivider or developer to relocate or rearrange such area or to make such cbanges or revisions of the proposed dedication as it deems necessary, reasonable and in the interests of the health, - safety, general welfare and convenience of the city. (Ord. No. 400, § 4 7.22 -76) Sec. 21 -70. Same-Cash in lieu of dedication; definition; restrictions on use of cash; etc. (a) In lieu of the dedication of land required for the purposes enumerated in this division, the city council may require the subdi- vider or developer to pay to the city as an equivalent contribution, an amount in cash equal to the product of the percentage of land ftP. W 2 1310 � f PARTS AND RECREATION 121-70 mired to be dedicated, multiplied by the uodmloped land value of the trait to be subdivided or developed. Such cash payments shall be made to the city prior to the issuance of a building permit for commercial, industrial uses or accommodation thereof. Do ML 2 1310. January 7, 1986 Action by Council MEMORANDUM Endorsed Modif i e d-. Rej a cte ,.�...� To: City Manager Donald Lai s Date , From: Director of Publ Safety Kenneth V. Colli s Subject: Alarm Ordinance Attached is the revised Section 4 -48 of the alarm ordinance, This is to be presented to the Council for their approval on January 13, 19860 I submit this for your rev and handling. KVC: j s cc Alarm File Section 4 -48. Fees; exemptions. (a) Alarm business licenses. An annual license fee of fifty dol 1 ars ($50.00) shall be due and payable on March 15, 1980, and on January first of each subsequent year for each alarm business engaging business within the city. Such license fee shall not be prorated. (b) Responses to false alarms: (1) No fee shall be charged for a response to an alarm system at which no false alarm has occurred within the preceding six (6) months' period, but the person having or maintaining the alarm system shall make a written report thereof to the director of public safety as provided in section 4 -21. (2) No fee shall be charged for a second false alarm response to an alarm system within six (6) months after the first response, but in addition to the requirement of a written report thereof as provided in section 4 -21, the director of public safety shall be authorized to inspect or cause to be inspected the alarm system, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this chapter.. (3) For a third false alarm response to an alarm system within six (6) months after such a second response, and for all succeeding responses within six (6) months of the last response, a fee of twenty —five dollars ($25.00) may be charged, and if such third false alarm or any such succeeding false alarm is the result of the failure to take necessary corrective action prescribed by the director of public safety, the provisions of section 4 -49 shall be applicable. (4) The director of public safety may excuse false alarms when there is evidence that they are the result of an effort to order to upgrade, install or maintain an alarm system or if one or more false alarms result from the same malfunction within a seven (7) days period of time. (Ord. No. 483, SS 1216.060, 3-6-80; Ord. No. 491, SS 1, 7-24-80) Editor's note -- Section 1216.080 of Ordinance No. 483 adopted March 6, 1980, . provides: "The $25.00 fee for an annual alarm system license shal 1 expire January 1, 1982, unless other action taken." MEMORANDUM Action by Cou • j• To: Don L a i s , .City Manager EndorsE From: Robert D. Odegard, Director of Parks & Recreatio Date: January 3, 1986 Subj: Park Acquisition Charge For Neighborhood Parks For 1986 Reiecte Date Maplewood Code Sec. 21 -56 (a) states: "the City Council, at the first regu- lar meeting of each calendar year, shall act to adopt by resolution, the average acre acquisition cost and the average acre development cost for neighborhood parks throughout the City." The Park and Recreation Commission at its December 16, 1985, meeting reviewed the staff recommendation and by motion recommended to the City Council that the Park Acquisition Charge for Neighborhood Parks continue as in 1985 with the average acquisition cost of one acre of property at $4,200 and the aver- age acre development cost for Neighborhood Parks at $7,500 per acre. Since the Park Acquisition Charge for Neighborhood Parks is dependent upon the number of persons per unit, it is requested that in the event that a change is made by the City Council in the numbers of persons per unit, that this will be reflected by increasing the average acre acquisition cost and the average acre development cost for Neighborhood Parks. Enc. (1) MEMORANDUM To: Park and Recreation Commission Members From: Robert D. Odegard, Director of Parks and Recreatio Date:. December 10, 1985 Subj: Park Acquisition Charge for Neighborhood Parks Maplewood Code Sec. 21 -46 outlines the need for neighborhood parks and "the intention of the City Council to develop and implement a park -open space acquisi- ti.on and development policy which assigns a function of neighborhood park acquisi- ti and development responsibility of all housing dwelling units." Section 21- 56 (a) states : The City Council, at its first regular meeting of each calendar year, shall act to adopt by resolution, the average acre acquisition cost and the average acre development cost for neighborhood parks throughout the City." In 1982 the City Council established the acquisition cost per acre for neighbor- hood parks at $4,200, which was an increase from $4,000 established in 1974, and the development costs werecontinued from the 1974 amount of $7,500. When the new figures were inserted in the formula as explained in Maplewood Code Sec. 21- 47, the average cost per acre per person was $79.50. In Sec. 21 -48, the popula- tion per dwelling unit table is established and using the $79.50 per person per acre, the cost of a single family detached dwelling is $326.00 which must be paid at the time a building permit is issued. In 1984 and 1985 the City Council continued the previous rate of $79.50 per person per acre. The cost of raw land in Maplewood over the past eleven years has highly appreci- ated, but conservative value on one acre would be $7,000. If we were to increase our development costs to $15,000 per acre with the City assuming 50% of the cost of per acre evelopment, the formula would indicate that the cost per person P P P would be increased to $145.00 and the cost for a single family detached dwelling would be $594.50. To expect P.A.C. charges to be increased from $326.00 to $594.00 for a single residence is not realistic. It does, however, indicate that there is a need to consistently update costs to stay relevant with the present economy. A survey in December 1985 of other suburban communities that have Park Acquisi- tion Charges indicates that Maplewood has been falling behind. However, the main concern in calculating costs for acquisition of park property is the raw land and this w i l l vary in cost from community to community. It is my recommendation that the Park and Recreation Commission consider recom- mending that the average acquisition acre cost be increased to $4,775 and the average acre development cost be continued at $7,500, which will establish a new price of $85.25 per person, per acre or $349.53 per single family detached dwelling, r December 1985 F MUNICIPALITY RESIDENTIAL DEVELOPMENT North St. Paul None New Brighton None Brooklyn. Center None R o s e v i l l e None Maplewood $326 per lot Shoreview 0 -2 units /acre - 4% of fair market value of undeveloped land 2.1 - 3 units /acre - 5% 3.1 - 4 units /acre - 6% 4.1 - 5 units /acre - 7% 5.1 - Over - 10% Little Canada $300 per lot $100 per apartment unit Cottage Grove $275 per sin le famil 9 y Mounds View 0 -2 units /acre - $100 per acre 2.1 - 3 units /acre - $150 3.1 - 4 units /acre - $200 4.1 - 5 units /acre - $250 5 - Over units /acre - 10% of assessed value of land Oakdale $325 per unit or 5% land dedication $270 per unit or 17% high density Woodbury $400 per s i n l e fami l i of 9 y $200 per apartment unit Multi-family lot - based on densit y Eden Prairie $400 per sin le fami 1 lot 9 y $305 - Duplex Plymouth $400/per lot an d outlot Maple Grove 0 -5 units /acre - PA fair market value 5 -8 units /acre - 10% fair market value White Bear Twp . $150/lot or option of 10% of fair market value of undeveloped property Apple Valley 10% on resident value and 5% ondin P 9 - not to exceed 12% Burnsville 10% of land area or cash based on value Stillwater 10% market value of land _t t� December 1985 Now To Calculate Park Acquisition Charges for Neighborhood Parks (5 acres in Si ( Cost of 1 acre + 1/2 Cost of Development) 100 People Cost per Person per acre C p fls.t of devel ment i s paid by City (1/2) and developer (1/2) Development includes such items as: pray equipment, diamonds, back - stops, tennis courts, hard surface area, hockey rink, parking lot, sma ll building. Presently: Development Cost of 1 Acre 1 Acre People /Acre ( + E7,500 ) 100 $79.50 /person /acre 2 Real Costs in 1984: ($7,000 + $15 � � 100 = X145.00 /person /acre Request for 1985: ($4,775 + $7 � - 100 = $85.25 /person /acre What will be the costs to a builder? Persons /Unit Presently( 79.50) 1986 - $85.25 Single Family Detached Dwelling 4.1 326.00 349.53 Mobile Home 2.5 198975 213.13 Efficiency Dwelling 1 Bedroom 101 87.45 93.78 3 Bedroom 3.3 262.35 281.33 Townhouse 1 Bedroom 2 159.00 170.50 3 Bedroom 4 318.00 341.00 r f t RESOLUTION FOR PARK ACQUISITION CHARGE FOR NEIGHBORHOOD PARKS WHEREAS Maplewood Code Sec. 21 -46 recognizes the need for neighborhood .parks, establishes standards and improvement guidelines for such and provides methods of acquisition and development, and WHEREAS Sec. 21 -56 (a) states that the City Council at its first regular meeting of each calendar year shall act to adopt by resolution the average acre acqu.isi- tion cost and the average acre development cost for neighborhood parks throughout the City, and WHEREAS the intention of the Ordinance is to provide for future quality of life through the acquisition and development of park -open space, and WHEREAS the costs of acquisition of property and the development of parks has continued to increase, therefore The Park and Recreation Commission recommends that effective January 14, 1986, the City Council establish the average acre acquisition cost at $4,775, and con- tinues the development cost at $7,500 per acre, with the City financing 50% of the development costs. C C YEAR 1979 1980 1981 1982 1983 1984 11/30/1985 REVENUE FROM NEIGHBORHOOD P.A.C. REVENUE $50,892 26,380 50,253 35,578 63,456 96,871 127 $451,161 COST PER PERSON PTR ACRE FOR 4.1 PERSONS $77.50 (317) 77.50 77.50 79.50 (326) 79.50 79.50 79.50 C BASIC ACQUISITION AND DEVELOPMENT-COSTS OF A TYPICAL 10 ACRE NEIGHBORHOOD PARK ACQUISITION 10 Acres x $15,000 /Acre = $150,000 DEVELOPMENT .$10,000 /Acre - Excavation /Grading - $100,000 Seed /Sod 15 Landscaping - Trees, Shrubs $10,000 /Field- Four Infields Backstops Fences 409000 Players Benches Bleachers Soccer, Goals,etc. 3 2 Tennis Courts /Light Hard Court Surface 509000 �~ Skating /Hockey ($5,000) Lights ($15,000) Y 20,000 Parking Lot 15 Playground Equipment 20 Trail ($7.50 /lineal ft.) 3 Building /Sewer /Water 75 $341,000 $341,000 150,000 $491,000 i, LAIS, BANNIGAN & KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 Action by Council DONALD L. LAIS En( ors- e d.....,,,..,..,�,�....� JOHN F. BANNIGAN, JR. Modified PATRICK J. KELLY December 2, 1985 R � Date The Honorable Mayor and Acting City Manager c/o City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 RE: Maplewood Public Improvement Project 78 -24 Appeals of Arthur Mahnke, Michael R. Roy and Patrick Keene, et al Dear Mayor and Acting City Manager: The above three appeals from the special assessments adopted by the Maplewood City Council July 29, 1982 have been consolidated for trial which has been set for Monday, January 27, 1986* Pursuant to the provisions of Minnesota Statutes, Section 429.071, Subd. 2, as municipal attorney, I advise you that the assessments above referenced are excessive and, therefore, may be invalid. It is my recommendation to the Maplewood City Council that the assessments against the three parcels involved be voided and that the assessments be noted and reheard as originally .provided. :,Y, P.A. JB:cg AREA CODE 512 224 -5781 Respectfully submitted, MEMORANDUM Action by Co ,c-1: Endors ed.. TO: City Manager FROM: Assistant City Engineer Rei ected. SUBJECT: Frost Avenue Reconstruct *v Date Rehearing of Public Hearing Project 83 -1 DATE: January 6, 1986 The public hearing for the above —named project was originally held j on January 14, 1985, at which time the council ordered the ro 'ect. P J Since that time we have been negotiating with Ramsey County over construction details, preparing plans and specifications, and acquiring right —of —way and easements for the project. Due to unforeseen diffi— culties in obtaining easements from Burlington Northern, the Maplewood Bowl, and the Department of Natural Resources, the project has been delayed. M.S.A. Chapter 429 requires a contract be let for an improve— , ment within one year of adoption of the resolution ordering a project or it must be reheard. The right —of -way and easements have all been secured or arrangements have been made for each so that this project can proceed. Attached is the proposed financing for the project from the feasibility study and a revised time schedule. It is recommended that the council adopt the attached resolution calling for the project to be reheard on February 10, 1986 at 7 p.m. jw Attachments ASSESSMENT DESCRIPTION UNITS FROST AVENUE RE CONSTRUCTION ADELE TO BIRMINGHAM PROJECT NO. 83 -1 ASSESSMENT ASSESSMENT RATE RECOVERY C.S.A9H. PARTICIPATION EST. PROJECT COST STREET $758 $ 758 CURB AND GUTTER 5 FF $11.83 /FF $ 62 21,010, 83,200 STORM SEWER 337 188 526 000 (Resi) 1.,334 931.9'S F 0. 100 /SF (Comm) 1 042 ;151 SF 0.196/SF TOTAL i $399,940 $967 $1 20 i PROPOSED PROJECT SCHEDULE 1. Approval by city council (public hearing) February 10, 1986 2. Approval by MnDOT March 10, 1986 3. Approval by county board and authori— April 14 1986 zation to advertise for bids 4. Receive bids, review with c i t y 5. Award construction contract by county board 6. Start of construction 7. Construction 95% complete 8. Complete construction with placement of wearing course surface May 30, 1986 June 20, 1986 July 1, 1986 October 1, 1986 November 1, 1986 RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the city engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Frost Avenue from Adele Street to Birmingham Street, City Project 83 -1, by construction of.storm sewer and street improvements, and WHEREAS, the said city engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the city engineer, advising this council that the proposed improvement on Frost Avenue from Adele Street to Birmingham Street by construction of storm sewer and street improvements is feasible and should best be made as proposed, is hereby received. 2. The council w i l l consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an esti mated `tota 1 cost of the improvement of $1,367,200,00, 3. A public hearing will be held in the council chambers of the city hall at 1380 Frost Avenue on Monday, the 10th day of February, 1986 at 7 p.m. to consider said improvement. The city clerk shall give mailed and published notice of said hearing and, improvement as required by law, c i Aotion by Council: MEMORANDUM Enders e d To: Don L a i s , City Manager Modif 1 0 ed..,- From: Robert D. Odegard, Director of Parks &.Recreatioo Rej ected Date_: January 3, 1986 Date Sub j : Re- appointment of Bonnie Q to the -_____ _ Park and Recreation Commission On March 11, 1985, the Council approved the returning to the previous prac- tice of having Boards and Commissions review appl i cati ons for membership on their Boards and Commissions and to make recommendations to the City Council - for final appointment. At the December 16, 1985 meeting of the Park and Recreation Commission, the Commission reviewed the request for re- appointment of Bonnie C. Qualley to the Park and Recreation Commission, Commissioner John Chegwyn made the motion, seconded by Commissioner Don Christianson, to recommend to the Maplewood City Council the re- appointment of Bonnie Qualley for a three year term effective January 1, 1986 to the Park and Recreation Commission. Ayes: All. Enc.(2) MAPLE1400D PARK & RECREATION COMMISS APPLICANT INFORMATION FORM NAME ADDRESS 1) How long have you lived in - the City of Maplewood? PHONE ZIP.�.'7� r 2) Does your employment require travel or being away f rom the communit which would make regular attendance at meetings difficult? yes no 3) Do you have any specific areas of interest within the Commissions scope of responsibilities? (check) �" Land Acquisition Park Development Open Space Conservation Community Beautification %%/Athletics ""� Athletics (Adult) Program 4inancing ,•- -Pub li c Relations School Relationships O ther 4) List other organizations or clubs in the Community in which you have een or are an active participant. Ile ",;c_ 5) Why would you like to serve on the Park & Recreation Commission? f (/ ADDITIONAL COMMENTS: MAPLEWOOD PARK AND RECREATION COMMISSION TERM OF ATTENDANCE SERVICE IN 1985 TERM EXPIRES Joseph L. Fox 4/70 60% 12/31/85 (Resigned 6/85) 1821 N. Myrtle Street Maplewood, Mn. 55109 Bonnie Qualley 12/74 92% 12/31/85 2089 Beam Avenue Maplewood, Mn. 55109 Wm. A. Zappa, Jr. 6/83 50/ 12/31/85 230 Crestview Drive North Maplewood, Mn. 55119 John Chegwyn 4/77 100% 12/31/86 1631 E. Sextant Maplewood, Mn. 55109 Rita K. Brenner 9/82 92/ 12/31/86 2673 Upper Afton Road Maplewood, Mn. 55119 Cecelia Schneider 4/84 839 12/31/86 433 E. Larpenteur Maplewood, Mn. 55117 Donald E. Christianson 11/77 75% 12/31/87 1111 E. County Road C Maplewood, Mn. 55109 Voya Piletich 4/78 83% 12/31/87 860 Burke Court Maplewood, Mn. 55109 JOHN E. DIEHL November 26, 1985 Mr . Kenneth Haider, Acting City Manager Maplewood City Hall 1380 Frost Avenue Maplewood., Minnesota 55109 Dear M.r. Haider : When a new director has been appointed to the Municipal Legislative Cc mi.ssion' s Board of Directors, formal notice of the appointment should be submitted to the Commission s Secretary /Treasurer., according to Article 7.3 of the Joint and Cooperative Agreement (see the attached article) . Since both Charlotte Wasiluk and you are newly appointed members of the Nr Board of Directors, in order to comply with this article please have your city council officially appoint both of you at Mapplewood' s next city council meeting. Once this has occurred, please have the Maplewwdl City Council submit these appointments in a written letter to Gary Dickson, the N1LC Secretary /Treasurer. This notification should be sent t Mr. Dickson at: Shoreview City Hall, 4 665 North Victoria, Shoreview, Minnesota 55112 Please forward a copy of this notification to Bob Renner as well. If you have any questions regarding this process please contact Bob Renner or me at 338-6610. Thank you for attending to this matter. Sincerely, ) �� , v � Deborah H. Luebke Legislative Assistant dhl Enc. cc: Gary Dickson 1� LARKIN, HOFFMAN, DALY & LINDGREN, LTD. JAMES P.'LARKIN ATTORNEYS AT LAW by, CounCil • GERALD L. SUCK ROBERT L. HOFFMAN Action V THOMAS B. HUMPHREY, JR. JACK F. DALY PETER K. BECK D. KENNETH LINDGREN 2000 PIPER JAFFRAY TOWER N JON S. SWIERZEWSKI ANDREW W. DANIELSON End.®rse THOMAS J. FLYNN WENOELL R. ANDERSON . 222 SOUTH NINTH STREET � RODERICK 1. MACKENZIE GERALD H. FRIEDELL Modifier. - JAMES P. QUINN ROBERT B. WH ITLOCK MINNEAPOLIS, MINNESOTA 55402 ROBERT G. RENNER, JR. ALLAN E. MULLIGAN "�] DANIEL A. QUINLAN ROBERTJ. HENNESSEY TELEPHONE (612) 338 - 6610 .Lieie+et JEROME H. KAHNKE RONALD R. FLETCHER TODD 1. FREEMAN JAMES C. ERICKSON �a,P.� ANDREW J. MITCHELL EDWARD J. DRISCOLL 1500 NORTHWESTERN FINANCIAL CENTER FEDERAL PRACTICE PARTNERSHIP DAVID G. MOELLER JAMES P. MILEY JOHN A. COTTER* JOHN A. McHUGH 7900 XERXES AVENUE SOUTH LARKIN, NOEL & FALK KATHLEEN M. OATES* GENE N. FULLER THOMAS G. MACDONALD* JOSEPH W. ANTHONY BLOOMINGTON, MINNESOTA 55431 SUITE 1110 BRADLEY H. LEHRMAN DAVID C. SELLERGREN TELEPHONE (612) 835 - 3800 1301 PENNSYLVANIA, N. W. BEATRICE A. ROTHWEILEF JOHN D. FULLMER SHERRILL OMAN KURETICH ROBERT E. BOYLE WASHINGTON D.C. 20004 PAUL B. PLUNKETT FRANK L HARVEY SUSAN R. BURNIGHT RICHARD A. FORSCHLER TELEPHONE (202) 737 - 1000 AMY DARR GRADY RICHARD A. NORDBYE ALAN L. KILDOW ROBERT T. MONTAGUE, JR. GARTH C. COLLIER CHARLES S. MODELL MARK E. OUVAL CHRISTOPHER J. DIETZEN KATHLEEN M. PICOTTE NEWMAN RICHARD 1. DIAMOND LARRY A. KOCH JOHN R. BEATTIE PETER J. COYLE JAMES M. STROTHER CATHERINE BARN ETT WILSON* LINDA H. FISHER THOMAS P. STOLTMAN OF COUNSEL STEVEN G. LEVIN JOSEPH GITIS FORREST D. NOWLI N THOMAS H. CAREY MICHAEL C. JACKMAN MICHAEL S. MARGULIES *ALSO ADMITTED IN STEPHEN B. SOLOMON WISCONSIN JOHN E. DIEHL November 26, 1985 Mr . Kenneth Haider, Acting City Manager Maplewood City Hall 1380 Frost Avenue Maplewood., Minnesota 55109 Dear M.r. Haider : When a new director has been appointed to the Municipal Legislative Cc mi.ssion' s Board of Directors, formal notice of the appointment should be submitted to the Commission s Secretary /Treasurer., according to Article 7.3 of the Joint and Cooperative Agreement (see the attached article) . Since both Charlotte Wasiluk and you are newly appointed members of the Nr Board of Directors, in order to comply with this article please have your city council officially appoint both of you at Mapplewood' s next city council meeting. Once this has occurred, please have the Maplewwdl City Council submit these appointments in a written letter to Gary Dickson, the N1LC Secretary /Treasurer. This notification should be sent t Mr. Dickson at: Shoreview City Hall, 4 665 North Victoria, Shoreview, Minnesota 55112 Please forward a copy of this notification to Bob Renner as well. If you have any questions regarding this process please contact Bob Renner or me at 338-6610. Thank you for attending to this matter. Sincerely, ) �� , v � Deborah H. Luebke Legislative Assistant dhl Enc. cc: Gary Dickson Of each Party shall appoint its two ' ( 2) directors, one ( l ) of whom shall be the City Manager or Adntinistrat shall be an elected official from or and the other Di r ec tons shall m .the Council 1 of the Part , serve without compensation from y but this shall not revent a m the Conunission, for its dire •p Party from providing compensation ctors if such compensation is p on Party and by law. authorized. by the 7.2) There shall be no v be cast b the d ' ., oting by proxy, but all -votes m Y irector at a Board meeting, ust 7- 3) Each director shall s erve until that director's successor is appointed and assumes Directors shall his or her - respons ibil i ties. serve at the pleasure of the Counc ' them. when a Council a oin 11 appointing Of such ap oint;�e pP is a director, it shall glue noti p n t to the C.omml sJ ion s Sec Such notice shall include the retary- Treasurer • mailing address of the appointed. The names and addresses Person so be used. as the of shown on such notices jm3 f i�c i al names . and addresses for y r the purposes of diving notices of any ,meetings of the Commission 7-4) A ma j ar i ty of the Boar - a quorum of the of Directors shall constitute e Board . 7.5} A vacancy n t - be filled l led b Of t on Y he Board shall n he Party whose position Y the �.o unc i l the Board is vacant. ARTICLE 3. MEETINGS 8 1) The LommisS" shall .meet at least quarterly and shall hold an annual organizational , meeting in July. 8.2) At the organizational as it reaso meeting, or as soon the • ng its nably may be done, the Board s reaf ter govern hall adopt bylaws procedures including the time frequency of its re ul ar i r place • and from tithe t0 9 meetings . Such bylaws may be amended time. Y $.3} Special meetin s of t ) the president or g g Commi he Board may be called (a b C b) by the Operating r upon the written request of ttee, or the Board a majority of the directors*' Five (5) days' written notice of ' special meetings shall be given to the directors. Such notice shall include the special meeting. Only matter agenda for the s set forth in the agenda shall be considered at a special meeting. 3.4} .Notice of regular given to . g ar meetings of the Board shall be the directors by the Secretary-Treasurer at least seven (7) days in advance and the agenda for such meetings shall accomp the notice. However, business g meetings of the Board need Hess at regular in the a ends . not be limited to matters set forth g 4. MEMORANDUM ' Aotion by Council TO: City Manager FROM: Finance Director X5 . RE: 1986 R.C.L.L.G. Membership DATE: January 3, 1.986 The attached correspondence has been received regarding the City rejoining the Ramsey County League of Local Governments. When the 1986 Budget meetings were held, the Council indicated that the City should not rejoin this organization. Therefore, if the Council decides to rejoin now, a budget transfer of $1,000 from the General Fund Contingency Account.would be required. DFF:1nb 0 ,:AGUE OF LOCAL GOVERNMENTS CAPITOL COUNTY OF MINNESOTA Arden Hills Falcon Heights Gem Lake Lauderdale Little Canada Maplewood Mounds View New Brighton North Oaks N. St. Paul Ramsey County Roseville St. Anthony 1986 RCLLG Membership Dues - $1000 INVOICE St. Pau Please submit payment of 1986 membership dues. tote look Shoreview forward to your rejoining the Ramsey L Count League of Lo y g Vadnais Heights al Governments . Whom do you want listed sted as your delegate and alternate? Thank you for your attention to White Bear Lake this matter. White Bear Township Sincerely, Merideth Chelberg �.. RCLLG Coordinator January 2, 1986 183 University Avenue East St. Paul, Minnesota 55101 City of Maplewood C/o Finance Director 1380 Frost Avenue Maplewood, MN 55109 SEY 0 COUNTY LEAGUE OF LOCAL GOVERNMENTS 183 University Avenue East St. Paul, Minnesota 55101 CAPITOL COUNTY January 2, 1986 OF MINNESOTA Arden Hills Falcon Heights TO: Members of the Ramsey Count y League ue of Local Governments Gem Lake Lauderdale FROM: Merideth Chelberg, RCLLG Coordinator Little Canada Maplewood The Executive Board of the RCLLG LG has decided to Mounds View maintain in 1986 the level of dues that was charged New Brighton in 1984 and 1985 (which was a 20 percent reduction of the 1983 dues ). North Oaks N. St. Paul Enclosed is your invoice: for the amount that your city owes for 1986. The dues should be paid by Ramsey County February, 1986. we appreciate your consideration Roseville of this matter, St. Anthony The RCLLG also appreciates any comments and St. Paul suggestions from its members for meeting subjects and issues of concern to its members. Please feel Shoreview free to call me at 227 -5600 if you have any sugges- Vadnais Heights t i ons or questions, White Bear Lake Enc , White Bear Township Actiot by, Counc MEMORANDUM X�l - TO: City Manager Roy eofed.. ...K. ..._.. FROM: Finance Director RE:. Designation of Official Depositor and Financial Services Agreement Depository g t DATE: January 3, 1985 PROPOSAL It i s proposed (1) that a one - year agreement with first Minnesota Savings Bank for fi nand al services be approved as outlined in their proposal, (2) that First Minnesota Savings Bank be designated as the official depository for the City's demand.deposits during 1986 and (3) that the necessary budget changes be approved to finance the service charge. BACKGROHNO Chapter 427.02 of the Minnesota Statutes gives authority to the City Council to designate at the beginning of each calendar year, or from time to time,. financial institutions as depositories for City funds. Normal the depository designation has been acted upon by the City Council in December or January of each year. It has been past practice to request quotations from local financial institutions for checking account services. These quotations are expressed in terms of the size of the compensating balance required to be mai in the. City's checking account, During the past five years, the depositories have been Maplewood State Bank from 1981 through 1983 and Minnesota Federal Savings and Loan from 1984 through 1985. The required compensating balance at Maplewood State Bank for 1983 vas $97,000. At Minnesota Federal, for 1984 and 1985,it has been $37,000. On November 25th, letters requesting proposals for 1986 banking services were sent to all local banks and savings and loan institutions. These letters disclosed the compensating balance amounts currently required by Minnesota Federal. Each financial institution was requested to submit a one -year or two -year proposal based upon agreement terms presently in effect at Minnesota Federal. Also, each financial institution was requested to submit alternate proposals for a conventional checking account, a Super N.O.W. account, and a proposal.based upon service charges. Each financial institution was also requested to submit a proposal for lockbox services. The 1 ockbox services are especial important to the City because a significant amount of personnel time is saved in the City Clerk's Department by having a bank process utility b i l l payments. Also, the 1 ockbox services makes the utility bill payments available for investment more quickly. In the past, periodic delays occurred in the processing of utility bill remittances due to variations in other work demands (especially motor vehicle licensing) and when key personnel were absent due to i l i ness : or vacations. Also, the number of utility bill remittances vary greatly each day with the majority being received after the 20th of each month. The timely deposit of utility b i l l remittances via a lock box service has generated approximately $4,000 of additional investment interest per year. QUOTATIONS In response to the letters requesting proposals, only one proposal was received and it was from our current depository. I contacted our previous official depositories to determine why they didn't submit proposals. Jack Hillstrom at Maplewood State Bank indicated that his bank didn't submit a proposal because he thought First g Minnesota (formerly Mi nnesota Federal) would be submitting another very low cost proposal l i k e they did the last time. Bern Kroupa at Town and Country Bank indicated that his bank didn't submit a proposal due to an oversight. Both individuals indicated that they would _submit proposals next year. Attached is a copy of the Request for Proposals and the proposal received from First Minnesota, ANALYSIS OF QUOTATIONS First Minnesota's proposal for checking account services includes two options. The options are to pay a monthly service charge or maintain a compensating balance of approximately $125,000 in the checking account. First Minnesota also included a proposal to continue providing their lockbox services at a cost of $890 per month. The following is a comparison of the options: Option 1 - Service charge for checking and lockbox services: $ 95476 10,680 20,156 9,625 1 $ 8,755 Annual service charge for checking services Annual service charge for lockbox services Total service charge Less interest on $125,,000 at 7.7/ Less earnings credit on average collected account balance of $28,831 Net cost Option 2 - Compensating balance for checking services and a service charge for lockbox services: $ 9 Annual service charge for checking services :.07 Interest rate used by First Minnesota 135 Net funds required + 18 12/ legal reserve 153 Average collected balance required + 16,760 Estimated average uncollected funds 170,591 Average book balance required $ 10,680 Annual lockbox service charges The $153,831 required average collected balance calculated above is $28,831 higher than the $125,000 specified in the proposal from First Minnesota. They indicated the $125,,000 was an estimate based upon the volume for the past 13 months rather than the estimated 1986 volume included in the proposal. Also, they indicated that there would be a service charge applied to the account if the $125,000 compen- sating balance was insufficient to cover the transaction volume. As an alternative, the City could increase its balance during the year to cover the transaction volume. In my opinion, their proposed compensating balance amount should have been $154,000 based upon the estimated 1986 transaction volumes included in the Request for Proposal. Under this option, it is anticipated the City would maintain an average balance of $153,831 in our account. Under Option 1 listed above, it is assumed that the average balance in the checking account could not be decreased to less than $25,000 to $30,000. This is because it is difficult to predict when City- written checks would clear the account and a minimum of $25,000 to $30,000 would be needed to prevent overdrafts. Since Option 2 requires a compensating balance of $153,,831, approximately $125,000 of this amount could be invested for a one -year term under Option 1 and still leave $28,831 in the account to prevent overdrafts. Therefore, the calculations under Option l include $9,625 of interest on $125,,000 at 7.7%, which is. the current one -year C.D. rate. The remaining balance left in the account would generate an earnings credit of $1,776. Thus, the net cost to the City of Option 1 would be about $8,755. Under Option 2, no investment interest or earnings credit would be produced. In exchange, the City would not charged any fees for checking account services. However, the City would still have to pay $10,680 for l ockbox services. Option 1 is the best of the two because it is about $1,925 less than Option 2. However, it should be noted that this is the first time in recent years that the City will be paying a service charge on its account. In the past, a compensating balance was used to pay for banking services. The City, in recent years, has not requested alternative quotes based upon the payment of service charges. At a recent seminar that I attended, I learned that .financial institutions are required to maintain a legal reserve equal to 12/ of their deposits. Interest is not earned on this reserve by the financial institution. Therefore, they cannot give the depositor an earnings credit on 12/ of any compensating balance. This means that generally it i.s to a City's advantage to pay service charges to a financial i nsti tuti on rather than to maintain a compensating balance. The calculations above prove this point. In order to implement Option 1, 1986 Budget changes are needed to finance the service charges. These changes consist of (1) a $9,480 increase in the Finance Department budget within the General Fund for checking account service charges to be financed by a transfer from the General Fund Contingency Account and (2) a $10,680 increase in the City Clerk's Department budget within .the Sewer Fund for l ockbox service charges to be financed by a transfer from the Sewer Fund Contingency Account. As indicated earlier, these charges w i l l be partly offset by investment interest earnings. RECOMMENDATION It is recommended (1) that a one -year agreement with First Minnesota Savings Bank for financial services be approved as outlined in their proposal, (2) that First Minnesota Savings Bank be designated as the official depository for the City's demand deposits during 1986 and (3) that the necessary budget changes be approved to finance the service charges .under option 1. DFF :1 nb RESOLUTION BE IT RESOLVED, that the First Minnesota Savings Bank is hereby des i gnated as the depository for demand deposits of the City of Maplewood, and BE IT FURTHER RESOLVED, that an agreement is hereby approved with First Minnesota Savings Bank for financial services based upon the terms in their proposal dated December 19, 1985, and BE IT FURTHER RESOLVED, that the.necessary budget changes are hereby approved.to finance the service charges, and BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by check when signed by the signature, or by the facsimile signature, of the Mayor, City Manager and City Treasurer, and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the request of the City Treasurer or Finance Director for purchases of City investments, and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount of F.S.L..I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVE, that this depository designation shall be effective until a new depository is designated. ( TiTSt Tederld • 77 South Seventh St. • Minneapolis, Minnesota 55402.612/371 -3700 December 18, 1985 Mr. Daniel F. Faust, Finance Director City of Maplewood 1380 Frost Avenue Maplewood, MN 55109 Dear Mr. Faust: J. Bruce Jacobson Senior Vice President Commercial. Banking First Minnesota Savings Bank would like to submit the enclosed proposal for checking and lockbox services t.o the City of Maplewood. First Minnesota Savings Bank is a new organization formed by the Merger of Minnesota Federal Savings and Loan and First Federal Savings and Loan. Effective January 2, 1986. Enclosed are three copies of the proposal, a sample of service. charges and account analysis rPpo�t and the most recent Financial Statement of Minnesota Federal and First Federal. Please direct any questions you may have to Mark McDonald at 371 - 3700, Ext. 660. ' cerel J. Bruce Ja bson Senior Vic President JBJ /mj a enc REQUEST FOR PROPOSALS FOR FINANCIAL SERVICES FOR THE CITY OF MAPLEWOOD, MINNESOTA Proposals due December 27, 1985 INDEX Section I II III Iv V Description Financial Activity Statistics Proposed Terms for Services Instructions on Submitting Proposals .Proposal Forms Questionnaire I. FINANCIAL ACTIVITY. STATISTICS A. Average Number of Transactions per Month: Checks written - 660 Deposits (including lockbox) - 70 Checks (includinq deDos i ts) - 4 Returned checks - 10 Wire transfers - 15 Utility bill payments processed through 1 ockbox - 1,700 B. Dollar Volumes: Average - - - - - -- Da i 1 y Period Uncollected* Ending Credi is Debi is Bal ance 11 -30 -83 $ 2 S 2 $ 97 12 -31 -83 5 5 96 1 -31 -84 2 2 93,684 2 -29 -84 1,476,286 1 41.172 3-31-84 1 1 36 4 -30 -84 1 1 37, 5 -31 -84 1 1 38,938 6 -30 -84 4 9 844 9 095 4,924 9 056 66 9 356 7 -31 -84 4 4 35,920 8 -31 -84 3 3 42 9 -30 -84 2 3 37 10- 31 -84 3 3 9 874 , 898 37 11 -30 -84 4,817 9 208 4 36 12 -30 -84 5 5 36,514 1 -31 -85 2 2 37 2 -28 -85 894 907 37 3 -31 -85 2 2 36 4 -31 -85 4 4 39 5 -31 -85 1 1 37 6 -30 -85 3 3 38 7 -31 -85 3 3 37 ,267 8-31-85 1,939 2 37 , 932 9 _ 30 - 85 2 2 , O29 , 888 36 10 -31 -85 2,452 2,51,993 36 * 984 the required Effective February 6, 1 q compensating P 9 balance was decreased from $97,000 to $37,00n due to a change in depositories and a new contract for financial services. II. PROPOSED TERMS FOR SERVICES A. Proposed Terms for Checking Services Agreement 1. Checking account services shall be provided free of charge when the City maintains a compensating balance in the amount specified in the financial institution's proposal. In the event a daily balance is less than the required compensating balance, the City will increase next day's balance above the required amount so that the average balance for the month equals the required compensating balance. An occasional overdraft balance will be allowed. A monthly service charge as outlined in Part IV may be oai d in lieu of maintaining a specified compensatinq balance amount. 2. The financial institution shall provide the following reports: A. A daily verbal report of the current balance in the checking account. b. A monthly checking account statement. 3. The financial institution shall pledge collateral of a type and i n the amounts as required by State Law. 4. The financial institution shall provide the City free of charge checking account deposit slips. 5. The financial institution shall provide the City free of charge three sate deposit. boxes that measure 10" x 5" x 21 ", or with a volume equal to this. 6. The financial institution shall provide same day credit for all deposits received prior to 3:00 p.m, on weekdays (except holidays). 7. On approximately June 18th, July 5th, November 19th and December 5th, the financial institution shall make special arrangements to allow the City to wire transfer out tax settlement proceeds on the same day that they are deposited. 8. -The financial institution shall provide free wire transfer services for City purchases of investments at other banks. These wire transfers -shall be promptly processed and not delayed until wire transfers ion are confirmed. 9. The financial institution will return cancelled checks sorted in numerical order. 10. The preceding terms shall be agreed to' in writing and commence when a new supply of printed checks becomes available early in 19860 11. Failure of the financial institution to follow the terms of this agreement shall constitute grounds for the City to unilaterally cancel the agreement immediately. It B. Proposed Terns for Lockbox Services Aqreement : 1. City utility bill payments will be mailed to a post orfi ce box from which mail will be picked up at approximately 8:30 a.m. by n employee of the financial institution every day, Monday through Fri day , except holidays. _ 2. The U.S. Postal Services Fees for the post office box will be paid by the financial institution. 3. The mail will then be token to the financial institution for processing. The contents of each envelope wi 11 be • veri f i ed -as to payment amount and billing amount. If the payment amount is different than the bill amount, the amount paid will be noted on the bill stub. If the payment is delinquent, the envelope will be stapled to the bill stub and returned to the City. , If a bill stub is. received without a check, the envelope will be staoled to the bill stub and returned to the City. The remainder of the b i l l stubs will be stamped with the date, sorted in numerical order by account number and returned to the City. Notes and correspondence included with payments will be put in a separate envelope (addressed to the Utility Bi 11 i nq. Clerk) and shat 1 be Dl aced on top of all items returned daily to the City. Payments received after the due date but postmarked before or on the clue date will be processed in a special manner that is mutually agreeable. 4. Each day's receipts will be credited on the same day to the City's account. 5. A computer printout will be prepared daily indicating the payment amounts by account number and date of payment. The printout will 1 i st payments in order by account number. b. The computer printout, bill stubs and deaosit receipt will be available for daily pick up by the City. 7. Weekly for more often) , the financial institution will provide. the City a 5 -1/4" computer diskette containing a record of the lockbox transactions processed during the preceding seven days. A printout of the data on the diskette will also be provided. The diskette should be formatted for an IBM PC and contain a data file readable by LOTUS 1 -2 -3. The data on the diskette should be in three columns in the following_ order: payment date, account number and payment amount. 8. On the first weekday of each month, after. the utility bill payments received that day have been processed, the financial institution will produce a computer printout showing all transactions processed since the first workday of the previous month. The format of this printout shall be the same as the daily printout. 9. By noon on the second weekday of each month, the computer. printout (listed under item eight) and a computer diskette containing the same data will be available for pick up by the City. The data on the diskette should be formatted as indicated in number 7. 10. If the City maintains a checking, N.O.W., or Super N.O.W. account at another depository, 1 ockbox deposits shall be wired daily to the City's account at the other depository. 11. Failure of the financial institution to follow the terms of this agreement shall constitute grounds for the City to unilaterally cancel the agreement immediately. f 1 III. INSTRUCTIONS ON SUBMITTING PROPOSALS Z� A. Proposals must be submitted by 4:00 p.m. Friday, December47, 1985 to: _. Daniel F. Faust, Finance Director Ci ty of Maplewood 1380 Frost Avenue Maplewood, MN 55109 B. Three copies of the proposal are required to be submitted. C. The proposal ' should include the following: 1 Completed pages of Section IV - Proposal for Financial Services and Section V - Questionnaire from this RFP. 2. Sample of a monthly account analysis report. 3. A copy of your financial institution t s most recent annual audited financial statements. • Page 1 of 3 .. I f IV. PROPOSAL FOR FINANCIAL SERVICES A. Checking Account Service 1. It is hereby p roposed to provide the financial services in accordance with the terms outlined in Section II, Part A of the RFP except for - the following conditions: Numbers: 1, 4, 5, 6 and 8 2. These terms will be effective starting early in 1986 for a period of: Check one: x one year two years either one or two years at the City's option 3. The cost of the above services may be paid in any of the following methods (check those that apply: X Monthly service charge as.itemized on Page 3 See attached collected * x Compensating unoolleod balance in a checking account in the amount of $125,000.00 . Compensating - uncollected balance in a N.O.W. account in the of Interest w i l l be % compounded and paid . Compensating uncollected balance in a Super N.O.W. account in the amount of Interest on the Super N.O.W. Account will be % less than the 90 -day Treasury Bill rate and wi 1 be subject to change every days. Interest on the Super N.O.W. Account will be compounded and paid * First Minnesota has the right to service charge the account if volume during the contract year is greater than the .city of Maplewood has projected in this proposal. Differences between the contract compensating collected balance and actual average collected balance will be charged First Minnesota's FSB base rate + 30 Page 3.5 Example: Contract compensating collected balance $125,000 Actual month average collected balance $120,000 Service charge (based on First Minnesota FSB based rate of 9.5% (base rate subject to change)' 5,000 x.125 625 625 12 = $52400 Service Chge. $52.00 IV. PROPOSAL FOR FINANCIAL SERVICES 1 1' Pa ge 2 of 3 B. L:ockbox Services lip It is hereby proposed to provide the lockbox services in accordance with the terms outlined in Section II, Part 6 of the RFP except for the following conditions. 2. These terms will be effective starting early in 1986 for a period of: Check one: x one year two years either one or twc years at the City`s option. 3. The cost for the above service may be paid in any of the following methods (check those that apply): x Monthly service charge as itemized on page 3. Free of charge if a checking account i _. maintained as outlined in Part I and the compensating uncollected balance is increased by g • Free of charge if a N.O.W. account is maintained as outlined in Part I and the compensating uncollected balance is increased by • Free of charge if a Super N.O.W. account is maintained as outlined in Part I and the compensating uncollected balance is inc�easec by S • If the City maintains a checking, N.O.W. , or Super N.O.W. account at a nother depository, the fee for the l ockbox services would be: A , 7 IV. PROPOSAL FOR FINANCIAL SERVICES C. Monthly Service Charges Checki nQ Account Services to be Assessed as .Follows : See Enclosed Approx . Month t .y Units Per Unit Service Month Cost Charge 1. Humber of deposits /credi (excluding 1 ockbox) 49 2. Number of checks included in - Z - , 4 7 °C deposits 3. Number of returned checks 10 4. Printing of deposit slips 49 5. Number of checks /debits 660 6. Number of wire transfers 15 7. Daily verbal balance reporting 21 8. Sequencing of cancelled checks 660 9. Safety deposit boxes 3 10. Stop payments 1 110 Other charges: D. Monthly Service Charges for Lockbo.x Services to be Assessed as Follows: 1. Number of deposits 21 2 . Dumber of checks included in deposits 1, 3. Daily verbal report of deposit 21 4. Dai printed report of payments processed 21 5. Monthly printed report of payments p rocessed .1 6. Report of payments processed ' � $ p er disk 12 (W eekl y n 5 �k t a d �M on d s et a 4 - d isk 7, _ Sequencing of utility b i l l stubs 1. 700 . 20 8. Other charges: Courier Service X200 T he above terms are hereby agreed to by: Mld Signature Date /a `1 q- SS Title LOY c.I-e— e S • . F F �nn�l I ns t i t u t i on e K C lJ� w 4 • V r3w0c" Fiy n �� - -- • - -� _� 3 !- 3 79 V. QUESTIONNAIRE A. Financial Services: 10 W i l l the City be allowed to wire transfer out uncollected funds in its account? Yes - no day light overdraft though If not, please indicate an approximate schedule by which deposits of local and non -local checks will be treated as collected funds. 2. How quickly can it be determined whether a specific check issued by the City has cleared our account? Immediately Will there be a service charge when we make these requests? No 3. Do P ou pay interest on uncollected funds in N.O.W. and Super N.O.W. accounts? Y NA 4. How are overdrafts handl ed? Normally not paid (may be depending on situation) What is the maximum number the City would be allowed per month? None 5, Describe Y aspects of our financial services that distinguish your services P from your competitors* Jumbo Certificate of Deposits, Market Rate Money.Fund - Business Account, Payroll Services, Insurance, other cash management services 6. Are there other services that your financial institution could provide that would be beneficial to the City? B. Lockbox Services: 1. Where would the post office box be located for your lockbox services (i.e., St. Paul, North St. Paul, etc. )? St. Paul 2. How often and during what times would the lockbox payments be picked up at the Post Office? Once, early morning could the City 30 At what time each day co Y call to determine the daily lockbox deposit amount? 11: a.m. 4. Describe the he ex erience your financial institution has in providing p lockbox services. 2 Years 5. Describe s of our lockbox services that distinguish your services i b e p ects y from your competitors. FII� INCCHE Investment Earnings on Net Finds.......................$ 73,80 Total ($10,560.00) at 8.502 EXPENSES Account Maintenance Charge .......... ...................$ 12.00 Debits (120 @ $. 10)..... .....................0000000000 12.00 C redits ( 1 5 @ $.. 2 5) • • ... .... ........................... 3 . 7 5 I Depos i t e d ( 2 0 0 @ $01 0)000000000000000000000000000 2 0. 00 Wire Transfers (3 @ $ 7. 00 ) ............................. 21.00 S top Payments (4 @ $ 7. 00) ..............................$ 28.00 $ 96.75 Profit ( Lose) ........... ............................... ($22 SERVICE CHARGE $ 2 2.9 5 FIRST MINNESOTA COMMERCIAL CHECKING ACCOUNT ANALYSIS SCHEDULE Monthly Maintenance Charge . ............................$ 12.00 Deposits _ (Service Chargeable Credits ) ..........................$ .25 Checks written (Service Chargeable Debits ) ...........................$ 610 Local items deposited .... ..............................$ .06 Foreign items deposited ( transit) ......................$ 910 Special statement charge .... ........................... $ 3.00 OTHER EXPENSE ITEMS Negative collected balances (interest @ prime rate + 3%) Wire Transfers ( out or in) ..... 6 9 0 0 .................... $ 7.00 Stop Payment (request or renewal).•.••••••••..•.•.• 7.00 Deposited Checks Returned ...6.......6 .............66...$ 2600 Currency Purchased (per $ 100 )+ ..............6...........$ 1815 Coin Purchased (per roll) .0.6 ..............6...........$ 615 Cash Deposits (per $ 100)00000060.60000000.60.60000000.0$ 1015 Check Sorting (per item) . ..............................$ 605 The above charges will be offset by an earnings credit on the Collected Balance.* The earnings credit will be fixed by the current month's average three month U.S. Treasury rate and Will change monthly. *Collected Balance. The Average Daily Ledger Balance less the Average Balance in Transit (Float) gives us the Average Collected Balance. Average Collected Balance less 12 percent reserves gives the Collected Balance for determining your Earnings Credit. f Special Services: Cashiers Check0.0 ....... ..........................0...$ 2.00 Ce r t i f i ed Check ...... 0 0 0 0 0* .....0000000000000000000000$ 10,000 Photocopies per i t em ... 6 6.6.6........ .. • • 6 • • • • • . • • • • 0 0 0 $ . 2 5 Records Search per hour 000 .......6...x.......6...:.6..$ 10000 F ood Stamps per item .... ..............................$ 015 M oney Orders ............ ..............................$ 1.50 - Special Handling per item .............................$ .25 Account Balance Information (per call) ............. ..:...........................$ 1.00 Audit Confirmation... 0 6 0 .... 0 0 6 0 0 6$ 10-000 Commercial (Business) Checking Accounts are assessed a service fee based on types of account activity throughout the month. An earnings credit is calculated based on the monthly collected balance maintained in the account which reduces or eliminates the service fee. EXAMPLES OF AN ANALYSIS A verage Ledger Balance... o 9 o o o * o o o a o o o *- o o. e. 9 9 * * o o o e o o o $20 000. 00 Less Uncollected Funds (Float)*.. . . . . . . 0000000000000000 8 , 00 0.00 Average Collected Balance...00*6 .. .....................$12,000.00 Less Legal Reserves ( I2x ) ...................••••••••••• 1,44 0.00 * *Net Funds ** (Average Investable Balance)...... .....................$10 INCOME Investment Earnings on Net Funds .......................$ 73980 Total ($10,560.00) at 8.502) EXPENSES Account Maintenance Charge .......6....................6.$ 12900 Debits (120 @ $. 10) :.... ............................... 12.00 Credits (15 @ $.2 5) ..... ............................... 3.75 Items Deposited ( 2 0 0 @ $ . 1 0) ... . . . . . 6 . . . . . .. .. .. . .. . . 6 .. 20900 Wire Transfers (3 @ $ 7. 00 )6 .........................0.. 21.00 $ 68.75 Profit ( Loss) ............ ..............................$ 5.05 NO SERVICE CHARGE 4 -- ERM INOOO ANOKA ........................... Fifth at South 427.8550 ELAINE ........................ Northtown Center 786 -8645 BURNSVILLE ............. 100 W. Burnsville Pkwy. 81110-7012 CANBY ............... :.........126 St. Olaf No. 223 -7286 CEDARVALE .................. Highway 13 at Rahn 454 -7575 CHASKA ................. 216 Chestnut St. 448 -5818 COTTAGE GROVE ..... Grove Plaza Shopping pp ng Center 459 46611 DULUTH ................. Kenwood at Arrowhead 724 -8891 EDINA ........... 1 Block North of Radisson South 835 -7760 HASTINGS ............. Midtown Shopping Center 4374128 HOPKINS ...................... 31 Ninth Ave. So. 935 -1704 LAKELAND ................. 400 St. Croix Trail So. 436 -5204 LYNOALE SOUTH ........... Between 53rd and 54th 827 -5806 LUVERNE ........................201 W. Main St. 283 -2304 MACALESTER- GROVELAND ......... Grand at Fairview 690 -1521 MAPLEWOOD ................. White Bear at 1-694 770 -0062 MARSHALL ................... 118 W. College Dr. 532 -5745 MENDOTA HEIGHTS .............. Mendota Plaza 452 -1112 MINNEAPOLIS .................Marquette at Sixth 333 -3261 MINNEAPOLIS SKYWAY ......... Marquette at Sixth 333 -3261 MOUND .................. Commerce at Shoreline 472-4989 NEW BRIGHTON .............. 1200 Silver Lake Rd. 636 -7304 NEW HOPE ................... 8320 42nd Ave. No. 535 -6770 NEW RICHLAND ................ 132 No. Broadway 465 -3261 NEW ULM ................... Minnesota at Third 354 -2522 NOKOMIS- MINNEHAHA .......... 4943 34th Ave. So. 72.1 -7481 PHALEN PARK ............ Phalen Shopping Center 774 -5911 RED WING .................. .... 307 Dakota St. 388 -6711 RICHFIELD .................. Hub Shopping Center 8614105 RIDGEDALE ........... Ridgedale Shopping Center 544 -0351 RIVERVIEW INDUSTRIAL PARK ..... 222 E. Plato Blvd. 283 -5899 ROCHESTER .............. Broadway at Elton Hills 285.9935 ROSEVILLE ............... Lexington at Larpenteur 489-8041 ST. CLOUD ..................... 32nd at Division 263.0440 SAINT LOUIS PARK ....... Knollwood Mall 9354436 SAINT PAUL ................... Minnesota at Fifth 298-6400 1 SAINT PAUL PLAZA ........... Minnesota at Fourth 298 -6400 SHAKOPEE ...................... 736 First Ave. E. 445 -2347 SOUTH ST. PAUL .............. 166 No. Concord St. 451 -1228 WASECA ......................... 220 E. Elm Ave. 835 -1520 WHITE BEAR LAKE .... White Bear Shopping Center -429 -5321 .1Y80DBURY ................. Upper Afton at 1-494 73548490 :Deposits and withdrawals may be made at any of the above locations regardless of where the account Financial Statement 8. Annual Report December 31,, 1984 as opened. SENIOR OFFICERS STATEMENT vim Chaimm and presidert Ytce - w 1 ... ....... GordonR.Mosentine ents . ..........................J ohn A. Graydon K. Newman ja y X Pkaxiel, OF CONDITION AQvinR.Renner Vice President- Secretary Leonard D. Steele -Tr ............. Deloresm-odscoil S R 31, x'984 Vine Presiderd easurer ............. OF DECEMBE 'A ........... Edward F. Cou VMS ..................................... Marvin L Ellison Bruce A. Enstad Severl Evans ��. � J JUNIOR OFFICERS mort Loans and Other Liens Vice President ...................................... James P. Schmidt o Real Estate. . 970,142,515 AssistantVioe Presidents All Other Loans .................. 84,196,805 ThomasJ. Blake Sheldonm.jensen Real Estate Owned Block and in Jud ........ l(instry ...... =- Dahl Duane C. FkbWA. McMiron 490769727 John E. Falk RobertJ. Muske Cash on Hand and in Banks ........ 3895869692 D . Invetmentd S M Thomas N. Thibedeau I nvestments and ......... Do u g las . 10596939937 R William N.Welch Fixed Assets Less Depreciation Antoinette D. Harms Roger A. Youn 29,9959212 Deferred Losses Assistant Secretaries on Assets Sold ....... L P. Albinson Nanc J. Uttle 40,652,069 David M. Amundson Edward J. Mallo Deferred Char and 'GWM- Beatt Gre Gre E. Martinson Other Assets ................. Ila M. Beri Moll J. Miller 31 Total ... Douglas L. Ber Kathleen E. Moen $1,304,806,596 Todd PiorMund Hollis W. Nicholson Ridwil A. Buck Wa R. I Ronald J. Norstrem BY--- suom Walden D. Paulson WORTH Carole J. Caswell C-Ary D. Perrin LIMILMES AND yne NET James R. Fox Ma* S. Phillips Vivian C. Gibis Chades B. Ronnin Savings Accounts ................ $1 v 1 22yO249027 DadeneA. Hawfitch Janelle D. Schlick SHeven E. Hunziker Donald D. Stello N OW /Checking Accounts ......... 67,981,088 Ro C. Johanson Steven W Swanson Advances from Federal Diim Johnson Mark B. Thorldidson Robert I. Knudsen HomeLoan Bank.. 00*0000*0., Jean F. Todd 31,749,400 Donald A. Koester Other Borrowed Mone ........... 297 Gartiedt Mark Koop y L Un Lawrence J. Kopp Steven N. Ward Loans in Process ................. 597399423 LorenO.Wi 'Daniel J. Lehrer Susan M. Wondra Other Liabilities .................. Gordon T. Lesch 2297269161 Specific Reserves ................ 20,00 General Reserves ...... $4499849937 DIRECTORS Appraised E Capital ...... 9 Fredericl� BjorMund ...... Chairman of the Board Arnold1 H. Bod(strudc Surplus ......................... Bockstruck Jewelers 5492689937 Willis M. Forman ........ pr es i dent , paper Calmenson & Co. William J. Hicke J r. Ch airman ofthe Board an p resident Total ...... :� H.M. Sm Co., Inc. $1,30498M1596 Peter R. Hirsch ....... Senl oiV#66 F and Chief Fhanciaj officer, Retired, This statement is prepared in conformance with Regulatory Accountin Principles che& printeii Inc. which do not conform to Generall Accepted Accountin Principles with respect to Jo B. fixed Asset Appraisal increment Deferred Losses on Assets Sold, Appraised E ......... �Q CW - ExeMitiveOfficer, 'CaPitaf and Re Not Worth. Gordon R. Mosentine Vioeaii��,andftesident John W. See ........... 111::Irasid aysePh L. SAY, Jr. D Rogers Manufa*nin comp Chairman of the Board and Chief Executive Officer, 41-S Compan ......... . offices Nineteen eighty -four was a significant year for the savings and loan industry for First Federal in articular. �'Y p Institutions continued to move through a period of transition as a result of deregulation in the financial industry. First Federal's earnings for the year were certainly not what we'd like, but in view of the economic climate,they were better than originally projected. And very importantly, the association's net worth ratio continues to be one of the strongest in the Twin Cities. During the year First Federal took a number of major steps that are important building blocks for the future. First of all, a new senior management team, made up of myself, Chairman Bill Lingren and First Federal's five senior vice presidents, has been formed and will direct the operation of the association. Secondly, we have set up a new Commercial Banking Department and will be offering a full line of commercial services beginning in March. We look for this area to be an important profit center in the future. Third First Federal has entered into a joint venture with Metropolitan Savings Bank of Fargo, North Dakota and has purchased a mortgage banking operation in Florida (its activities will be funded by borrowed money rather than by funds on deposit at either First or Metropolitan). This will become a significant source of revenues for our association. Finally, First Federal has moved to an aggressive mar - keting orientation. This means developing the products and services that will most efficiently and effectively serve ou our customers. In 1984 we introduced an extremely com- ' p etitive checking line, reorganized our INVEST brokerage service to improve both profitability and customer service and introduced an exciting package of services called Regency. A top priority for 1985 will be to expand our direct marketing efforts to find out more about our customers and target market our services more effectively. I am very pleased with how far the association has come in the last year. We have built a strong base for future growth. First Federal is now in a better position than ever to successfully come out of a difficult period for savings and loans and remain an industry leader. Z/(Z-A President Minneapolis 77 S. 7th St. (IDS Center) 730 Marquette Ave. (IDS Center) 818 Marquette Ave. 809 East Lake St. 1500 West Lake St. St. Paul 366 Cedar St. 2130 Ford Parkway 1563 White Bear Ave. Bloo ' on 500 W. 9 th St. 9801 Normandale Blvd. Brooklyn Center 2901 Northway Drive Burnsville 925 W County Road 42 Cambridge 250 Second Ave. N.E. Columbia Heights 4101 Central Ave. N.E. Coon Rapids 2840 Coon Rapids Blvd. Crystal 5440 West Broadway Edina 3939 W. 50th St. 5241 Eden Ave. S. 6545 France Ave. S. Minnetonka 5120 Highway 101 New Hope 2769 Winnetka Ave. N. Olivia 800 DePue Ave. Prior Lake Brooksville Center Richfield 6445 Nicollet Ave. S. Roseville 1715 W. County Road B -2 Rush City 260 4th St. St. Louis Park 5501 Excelsior Blvd. South St. Paul 1151 Southview Blvd. Taylors Falls 339 Bench St. Wayzata 1101 Wayzata Blvd. West St. Paul 1710 South Robert St. Willmar 344 W. Litchfield Ave. S. Highway 71 and Highway 23 Forest Lake 91 South Lake St. Services: • A full line of savings and checking services • IRA and other retirement plans • Mortgage loans • Consumer loans home improvement auto personal . student • Commercial real estate loans • Commercial banking services • Complete brokerage services through INVEST • Full range of insurance coverage through The Security Corporation F irst Federet��r An association's net worth ratio (the percentage of net worth to total assets) is the measure of its strength and ability to withstand difficult times. Once again, First Federal's figure is one of the highest of all Twin Cities savings and loans. We are very proud of this fact. It is a reflection of First Fedeml's conservative management and our profitabil- ity over the years. We intend to continue to operate from a position of strength. Therefore, improving profitability will be a major goal in 1985. The prospects of a brighter interest rate picture and improved asset — liability management will be important factors. But First Federal is also putting more emphasis on increasing non - interest revenues to improve our income. Expansion of insurance activity through The Security Corporation, reorganization of the INVEST brokera service, our new Commercial Banking Department, strong activity in the commercial real estate field and our new mortgage banking venture in Florida are all examples of things the association is doing in this area. Our improved data processing capabilities will now allow us to conduct a detailed analysis of existing and potential office locations to determine if we are serving our market areas as effectively and profitably as possible. Finally, First Federal s new senior management team will provide a better means to develop and monitor corporate plans. This group is responsible for wing out the policies set by the board of directors and providing direction for the association. It will be up to this group to lead First Federal in the changing environment of the future. Deregulation has created a number of difficulties for our industry, but, at the same time, it has opened up many exciting opportunities. Our employees are committed to meet the challenges that lay ahead and take full advantage of these opportunities. Chairman of the Board First Federal Savings and Loan Association of Minneapolis Statement of 'Condition December 31,1984 Assets Mortgage Loans and Other Liens on Real Estate ............ $1,371,745,827 All Other Loans ............... 76,785,770 Real Estate Owned and 57,500,000 in Judgment .................. 2,135, 958 Cash on Hand and in Banks ...... 4,952,546 Investments and Securities ........ 175,538,266 Fixed Assets —Less Depreciation . . 20 Deferred Charges and Other Assets. 105,469 , 478 TOTAL $1,756,629,967 Liabilities and Net Worth Savings Accounts .............. $1,326,033,283 Advances from Federal Home Loan Bank ........ 57,500,000 Other Borrowed Money ......... 272,432,695 Other Liabilities ............... 26 Regulatory Net Worth Subordinated Debentures ....... $2,160,000 Appraised Equity Capital ..... 18,151,417 Retained Earnings .. 54 74,550 TOTAL $1,756,629,967 SAVINGS INSURED UP TO $100,000.00 BY THE FSLIC, WASHINGTON, D.C. Board of Directors Wilfred E. Lingren Chairman of the Board Frank R. Barth Professor of Accounting and Management, Luther College Kenneth D. Olson President Lloyd 0. Swanson Chairman, Executive Committee David E. Thomas, Jr. C , Lancer Stores John A. Works Consultant Advisory Lloyd Engelsma Chairman, Kraus — Anderson, Inc. Directors Emeritus J.B. Clarkson Randolph E. Haugan i ( !' 1 t 4 j i 1 APPLICATION FOR PRELIMINARY APPROVAL /AGREEMENT FOR TAX - EXEMPT MORTGAGE REVENUE FINANCING— MULTIPLE DWELLINGS Return to: City of Maplewood 1902 E. County Road B i Maplewood, MN 55109 770 -4560 , OFFICE USE Date received: By . . Rec. #: Date: This agreement is hereby entered into between the City of Maplewood Minnesota, hereinafter called the city and hereinafter called the "applicant." The applicant is requesting financing for a housing 'develo 'development project P P � ct and desires that the city issue bonds according to the terms of Minnesota. e ota. Statutes, Chapter 462 C. as amended. In order for the application to PP be considered by the city, the applicant hereby agrees to a all cos to p ay o is involved in the legal and fiscal review of the r ' p oposed project and all costs involved in the issuance of said bonds to finance the ro ' p sect. It is further agreed and understood that at the city reserves the right to deny any application for financing at any e sta of the proceedings ' or to stage p ngs ,pri adopting the final resolution authorizing the issuance of . g bonds . FILING REQUIREMENTS An application cannot be accepted until the • provided: P following information is 1. Project name: 2. Applicant: Contact person (if applicant is artnershi • P p) . Address: zip ip Telephone: (Work) (Home) 3. 4. Applicant's legal counsel:. Address: Telephone: Zip Property owner (s) of record: Address: I • Zl Telephone: (Work) Home 5-v Amount of bond issue requested $ 6 Site and .project description : a. Legal description b. Gross site area: Net site area: c. Number of units: Style Town house Apartment (1) Efficiency or one - bedroom units (2) Two - bedroom units: (3) Three- bedroom units: (4) Four (plus) bedroom units: TOTAL d. Projected rents: (1) One bedroom unit: (2) Two bedroom-unit: (3) Three bedroom unit: (4) Other ( specify) e. Target population (elderly, young professional, large family, etc • f. Is city water available? city sewer? TO Estimated date of construction: completion: 7. References: a. Banker: Name: Title: Address: Zip Telephone: b. Previous project (s) that the applicant has developed with this financing: Location: Local official who reviewed the development: Name: Title Address: Zip Telephone: 8. Submission of one copy of the proposed site and building elevation plans. 90 Submission of a certified written opinion with supportin g justifi- cation from a qualified expert, acceptable to the city, to document: a. That the development will not adversely affect the vacancy rates experienced by existing Maplewood rental complexes or those that have received preliminary tax - exempt finance approval. b. That the development will be able to comply with the federal low - to- moderate income requirements over the l i f e of the bond issue, This analysis shall indicate how the proposed program will meet the needs of low -to- moderate income households, d lQl. A public hearing notice and items are to be prepared by Ippe1 of Briggs and Morgan 11.0 Filing fee: $2000 (payable refundable, resolution of preliminary approval. These the city's bond counsel, ( Contact Mary at 291- 1215.) to: CITY OF MAPLEWOOD) This f ee is not NOTES 1. The purpose of the above data requirements is to evaluate your proposal under city laws and policies. You may refuse to provide this data. Refusal, however, may jeopardize approval of your application. The above information will be made public to all. who request it, 2. It is recommended that you discuss your proposal with adjacent property owners before a formal application is made. Any conflicts that you can resolve ahead of time will make it easier and faster for the city to process your application. 3. You will be notified of all meetings. Failure to attend may result i y n delay or denial of your application. Allow at least six to eight weeks for a decision. 1. This application unit development application for is proper. 20 Staff review and PROCEDURE must be submitted with an application for P lanned or rezoning, if the zoning is not proper, or with an Community Design Review Board approval if the zoning recommendation. 3. Housing and Redevelopment Authority recommendation. 4. City council holds a public hearin g and makes a decision. 5. City staff submits the approved bond plan and preliminary ond program y P g to the Metropolitan Council, 60 The applicant initiates and coordinates approval from the ' pp Minnesota Housing Finance Agency. Authorized representative Date APPLICATION/AGREEMENT FOR TAX EXEMPT :Acton b Couhcil MORTGAGE REVENUE NOTE FINANCING Endorsed. w This. Agreement is hereby entered into between the City of Map 1 ewood, Modified.. Minnesota, hereinafter called the "City and hereinafter called the "applicant". A ect e `... ate { The applicant is requesting financing for a development project and desires that the City issue notes according to the terms of the Municipal Industrial Deve 1 opment Act of 1967 as amended. In order for the application to be considered by the City, the applicant hereby agrees to pay all costs i nvo 1 ved in the legal and fiscal review of the proposed project and all costs involved i n the issuance of said notes to finance the project. It is further agreed and understood that the City reserves the right to deny .any application for financing in any stage of the proceedings prior to adopting the resolution authorizing the issuance of notes. 1. APPLICANT: a. Business Name - b. Business Address - c, Business Form (corporation, partnership, sole proprietorship, etc.) - c'. Authorized Representative - e. Telephone - 2. NAME(S) OF MAJORITY STOCKHOLDERS, OFFICERS & DIRECTORS, PARTNERS, PRINCIPALS: a . b, C. d. e . 3. INCLUDE A PROPERTY LINE MAP SHOWING EXACT LOCATION OF PROPERTY, NAMES OF ADJACENT STREETS, AND DIMENSIONS OF PROPERTY. 4. NATURE OF BUSINESS a. Briefly describe the project proposal: C b. Is the project associated with an existing Maplewood Business? Yes No If yes Relocation Expansion Reha i fat ion 5. AMOUNT OF CITY FINANCING BEING REQUESTED: $ b. PURPOSE OF REQUESTED FINANCING: � a. Business purpose to be served. b. Public purpose to be served. 7. BUSINESS PROFILE: a. Number of employees in Maplewood: Full Time Part Time Before t h i s Project After t h i s project b. Projected annual sales: $ c. Projected annual payroll: $ 80 NAMES OF: a. Financial consultant for the business: b. Legal counsel for the business: c. Corporate counsel: 9. WHAT IS YOUR TARGET DATE FOR: a. Construction start: b. Construction completion: N ame of pp scan S ignature of u orize d Representative T itle D a t e The following items must be submitted with this application to the Community tDevelopment Department: 1. A filing fee of 1% of the issue amount - $20,000 maximum; First $1,000 to accompany application. 2. A resolution setting a hearing date 3. An application to the Commissioner of Securities for approval of Municipal Industrial Revenue Bond project If you have any questions on items 2 or 3, call the .City Clerk, Lucille Aurelius, 770 -4520. .0 MORTGAGE REVENUE NOTE CRITERIA Adopted 10 -1 -81 A. Definitions l Exisitin Business shall b operating ' g e defined As a presently op ng ,industry or commercial enterprise with at least one year of operational history within the City 2. New Business shall be defined as any industrial or commercial enterprise which does not qualify as an existing business. B. Project Elegibi 1 ity Guidelines 1. The project shall be compatible with the overall development plans of the City, including the Comprehensive Plan, Zoning, and Community Design Review Board Standards 2. T h e--p- r -o -j-e c-t-- s- h -aa -1- - n -ot - - r e-q-u- i -r- -e a s i g n -i -f -i- c-a nt -a mo -u-nt of -p-u -b 1- i -c - -e x- Re --n -d i t u- r-- e- s - - - -- -- - - -- for City improvements such as roads, sewers, and watermains 3. The project shall involve an existing business that the City wishes to expand or a new business which the City wishes to attract: a. Existing Business Criteria Any expansion, relocation, or rehabilitation of an existing business b. New Business Criteria 1. Offers significant new employment, opportunities, based upon the nature of the use, on a year around basis, or 2* The project involves the rehabilitation of a vacant or scheduled to be vacated structure, or 3. The proposed location is within a designated development or redevel- opment target area, and 4. Possesses a low potential for creating p o l l u t i o n . 4. The number of businesses of the same general nature in the area of the proposed project shall be considered in determining the need for commercial revenue note financing, 5. The note shall be for an issue of not less than $300,000 6* 'Construction must begin within one year of preliminary approval. C. Application Processing Guidelines 1. City financing of the project shall be 1 imi ted to the i syance of a single mortgage revenue note, to be marketed as a private placement. 2. Final approval shall not be granted by the City Council until the project has received approval with respect to zoning, site design, building design, or platting. 3. The applicant shall sign a memorandum of agreement providing that they will pay all costs involved i n the legal and fiscal review of the proposed project and all costs involved i n the issuance of notes to finance the project. 4. The City reserves the right to deny any app 1 i cation . for financing at any stage of the proceedings prior to adopting the resolution authorizing issuance of the note. 5. The applicant, at the time of the pbulic hearing, shall present schematics of their proposal to give the City Council reasonable notice as to the nature and sign of their proposed b u i l d i n g . 5. Briggs and Morgan are to be retained as Bond Counsel. The purpose of the above. data is to evaluate your proposal under City laws and policies. You may refuse to provide this data. Refusal, however, may jeopardize approval of your application. The above information w i l l be made p u b l i c to all who request it. v j f i 1 T0: FROM: SUBJECT: DATE: Request MEMORANDUM City Manager Director of Community Development Code Amendment - -BC (M) District December 31, 1985 Action by Council* Endorse Modifie Rejected... ., Date Amend the business commercial modified BC (M) district to prohibit certain uses, including those that involve the exterior storage of equipment, goods or materials. Reason for the Request The BC (M) zone is designed to provide a buffer between heavy commercial uses and residential areas. Exterior storage is not compatible. The city has a problem now with Don John's contr.actin g business on Stillwater Road. This property was rezoned to BC(M) and has resulted in numerous complaints, including the storage of construction equipment and materials. This ordinance will not effect Mr. John, but would prevent that type of use in a BC (M) zone in the future, Also prohibited are certain permitted uses in the BC, business commercial district that are omitted in the BC (M) district. Staff has assumed that these uses are not allowed. They should, however, be specifically prohibited to avoid confusion with "retail store" or "personal service," which are permitted uses in the BC (M) district Section 36 -155 (b) ( ) We are requesting action at this time because an application has been made to rezone the lot north of Sarrack' s Liquors (2305 Stillwater ..Road) to BC (M) for a small commercial center, Recommendation Approval of the enclosed ordinance. jW Attachments 10 Proposed ordinance 2. BC district 3* BC (M) district ORDINANCE NO. AN ORD I*NANCE AMENDING THE BC (M) DISTRICT TO PROHIBIT SPECIFIED USES THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36 -155 (d) is amended as follows additions are underlined) : (d) Prohibited uses: (1) Drive -in theaters or drive -in restaurants. (2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking, 3 Uses that involve the exterior storage of equipment, goods n v m -� 4- -, v 7 l - (4) Car wash (5) Public garage or motor fuel station. (6) Compressed natural as or liquid petroleum gas dis ensin facilities Section 2. This ordinance shall take effect upon its passage P p g and publication, Passed by the Maplewood City Council this day of , 1986. Mayor Attest: Ayes- - City Clerk Nays -- Attachment 1 D11I1S1_ON 7. BC BUSINESS AND COMMERCIAL DISTRICT , Sec. 36 -153. Use regulations. - In a BC Business and Commercial District in the city the follow - Ing regulations shall apply: - •'• (1) Permitted uses: A building may erected or used, and a lot - may be used or occupied, for, any of the following purposes„ . an •no other. . (a) Apatrtment for one in combination with business use. ' (b) Hotel, motel, tourist home, rooming house or boardin - - house. �e�✓ A� vs� c�� ' • (c) Retail store, restaurant, office, . ency, studio, ban personal service and craftsmen's op, mortuary„ ' • (d) Automobile sales agency, , par'king garage or . lot, provided all facilities are located and all services are coi;ducted on the lot,, .. , • (e) Newspaper publishing, job printing establishment. • (f) ' Theater. .. . ,.(g) Hand or automatic self- service laundry. •� �. (h) Bakery or confectionery shop, for the production of ar- �S ti cl es to b e sold only at retail on the premises . W Public garage or motor fuel station; provided that a license to operate such business is first obtained from the cit coun • y ci pursuant to chapter 17 of this Code_ All public garages and motor fuel'st.ations must be so Io- V cated on the site and the site shall be of the size as provided in section 36 -156 of this division which defines kinds of operation, site area required and other data • - q • relating to such business Any use of the same general cbaracter as any of the • above permitted uses; provided that, no use which %s noxiousor • • s s h all be permitted. (2) Special, exceptions: The following uses are allowed when authorized by the city council as a special exception: •. • (a) All uses permitted in R -3 Residence Districts except p the construction of dwelling houses permitted in divi- sions 3 and 4 of this article, R -1 and R -2 Residence Districts. (b) Processing and distributing tation for m ilk g or other beverages, carting or hauling station. (c) Place of amusement, recreation or assembly, other than a theater, when conducting indoors. (d) Yard for storage, sale and - distribution of ice, coal, fuel oil or building materials, when enclosed within a fence r of not less_ than six (6) feet in height, but not including junkyard, salvage, automobile or other wrecking y ard. (Code 1965, § 907.010 Ord No. 232, § 3,10-19-67; Ord. No. 256,11- 20 -69; Ord. No. 402, 1 8- 12 -76) ( e V5 C/ attachment 2 Sec. 36 -155. BC(M) Commercial District (Modified). (a) Intent The BC(W, Business Commercial District (Modified) is intended to provide for the orderly transition between more intensive commercial uses and low or medium density residential areas. Restrictions on, but not limited to, building height, set- backs, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses. • f J (b) Use regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other: ► (1) Retail store; professional administrative offices; bank or savings and loan; personal service, craftsmen's shop, mortuary. (2) Hotel or motel. (3) Walk -in theatre. (4) Job printing shop. (5) Bakery or candy shop producing goods for on- premises re- tail sales. (6) Any use of the same general character as any of the above permitted uses, as determined by the city council, provided that no use which is noxious or hazardous shall be permitted,. (c) Special use permit. The following uses when authorized by the city council by means of a special use permit: (1) All uses permitted in R -3 Multiple Dwelling Districts, ex- cept the construction of houses permitted in R -1 and R -2 Districts. (2) Laundromat or similar automatic self- service laundry, - . �'y (3) Restaurant, where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adja- cent residences. (4) Place of amusement, recreation, or assembly, other than a theater, where there are no outdoor activities. (d) Prohibited uses: d (1) Drive -in theaters or drive -in restaurants. (2) Commercial or fee parking lots where such use is the onl use of a given parcel or where such use provides for gen- eral rather than specific use parking. ' (e) Definitions: "Drive -in restaurant" means a restaurant with a drive -up order window or serving of food to patrons in their automobiles. attachment 3 TO: FROM: SUBJECT: DATE: �Lot$on �.1�' CotlxlC�.�, MEMORANDUM Endorsed City Manager Re .eo,t Director of Community Development �. ment and Investment Guide ( MDIF ) te Metropolitan Develo p January 1, 1986 The Metropolitan Council has been holding public hearings on revisions to their development guide. A summary is enclosed. (Call me if you would l i k e a complete copy. It is only fai r to warn you that it is 94 pages long.) I have been meeting with a group of east side planners, organized recently to promote the east metro area. 0ur group prepared the enclosed joint review for endorsement by each city. Also enclosed is a copy of my personal comments on the MDIF. Recommendation Endorse the enclosed comments on the MDIF for submission to the Metropolitan Council. jw Attachments 1. MDIF summary 2. Metro East review 3. GWO review t t 1 TO: FROM: SUBJECT: DATE: �Lot$on �.1�' CotlxlC�.�, MEMORANDUM Endorsed City Manager Re .eo,t Director of Community Development �. ment and Investment Guide ( MDIF ) te Metropolitan Develo p January 1, 1986 The Metropolitan Council has been holding public hearings on revisions to their development guide. A summary is enclosed. (Call me if you would l i k e a complete copy. It is only fai r to warn you that it is 94 pages long.) I have been meeting with a group of east side planners, organized recently to promote the east metro area. 0ur group prepared the enclosed joint review for endorsement by each city. Also enclosed is a copy of my personal comments on the MDIF. Recommendation Endorse the enclosed comments on the MDIF for submission to the Metropolitan Council. jw Attachments 1. MDIF summary 2. Metro East review 3. GWO review R SUMMARY OF PUBLIC MEETING DRAFT METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK Metropolitan Council of the Twin Cities Area 300 Metro Square Building, 7th and Robert Streets St. Paul, Minnesota 55101 Tel. 612 291- 6464/TDD 291 -0904 October 1985 Publication No. 02 -85 -138 Attachment 1 • The Metropolitan Development and Investment Framework establishes an overall direction for future ,development in the Metropolitan Area and contains guidelines for making decisions about investments in metropolitan systems --- sewers, parks,* airports, transit and highways - -to support orderly growth and development. The framework is intended to protect major regional facilities and services from being overburdened or overextended, while supporting planned development. It is also intended to ensure that investments in regional.facilities and services are properly matched to agreed -upon needs and priorities, and that the financing to support them is adequate and equitable. The framework presents the Council's approach to guiding development and change in.the Metropolitan Area. It sets general directions for plans contained in other chapters of the Council's Metropolitan Development Guide - -for example, those dealing with sewers, parks, airports and transportation. In that sense, the framework constitutes the keystone chapter of the development guide. The framework replaces two other development guide chapters - -the Metropolitan Development Fram adopted in 1975, and the Metropolitan Investment Framework adopted in 1977. These chapters emphasized makingthe most efficient use of regional facilities and services to retain a high quality of life for residents of the Metropolitan Area. The development framework focused primarily on guiding growth into a compact development pattern to make it more economical to provide services like sewers and transit. The investment framework focused on monitoring the fiscal status of regional agencies to help carry out development framework policies. The Metro olitan Development and Investment Framework combines many of the concepts in these two documents but emphasizes a broader concept -- managing regional resources; that is, regional facilities and services, and government revenue. Like the 1975 development framework, the Metropolitan_ Develop ment and Investment Framework tries to balance the need for regional facilities and services with the need to avoid premature development (caused by extending services into undeveloped areas) and too much capacity in facilities (which causes financial burdens on users and other taxpayers). To achieve that balance, the Council would give first priority to investments that maintain existing facilities and services, make maximum use of those already in place and support redevelopment. Second priority would go to investments in facilities and services needed to serve new areas of planned urban development. Third priority goes to investments that support major additions to the region's . economy. Dike the 1975 framework, the development and investment framework divides the region into a metropolitan urban service area and a rural service area. Improvements the regional systems for sewers, transportation, parks and airports would be made to meet the needs of people living in the urban service area. Central sewers would not be extended into the rural service area; highway projects would not open new land to development; fixed -route transit service would not be available in the rural area. Some facilities and services serving the urban area would need to be located in the rural area - -like park reserves and airports - -but these should minimize interference with agriculture and rural lifestyles. Plans for the metropolitan 1 systems would the way comprehensive plans of communities hase p in local residential, commercial and industrial development. These local plans are based on Council forecasts of population, employment and households and on the capacities identified in the Council's plans for the regional systems. The urban service area consists of five policy areas - -the metro centers regional commercial- industrial concentrations, the fully developed area, the developing area and the freestanding growth centers, which lie outside the boundary of the urban service area but are considered part of it. The metro centers are basically the Minneapolis and St. Paul downtown areas. The centers should be supported with a high level of transit and sewer services, and riverfront park facilities. The framework calls for a better integration of transit, skyways and ground -level walkways. There is also a need for continued public - private partnerships in metro center development. Re ional commercial- industrial concentrations are centers of commercial, retail and employment activity located primarily along major intersections and highways. The concentrations need to be kept viable by maintaining the highwa g Y links that serve them, as well as transit and sewer service. The fully developed area is the backbone of the Metropolitan Area, covering about one -third of the urban service area. It includes more than one -half the Metropolitan Area's population and over 60 percent of its households. The fully developed area includes communities where 85 percent of the available land is developed. To ensure its balance and - stability, public funds should be invested to correct the problems of the area and provide additional amenities. Tax incentives, low -cost loans and grants are important to attract sufficient private investment. The developing area is the area that will experience the most growth from now to the year 2000. The framework calls for new development to take place next to existing development so services can be extended in an orderly fashion. The Council supports locally planned and staged growth as identified in local comprehensive plans accepted by the Council. The framework identifies 11 communities as freestandin rowth centers These are similar to communities inside the metropolitan urban service area, with a full range of services and their own employment base. However, they are separated from the metropolitan urban service area by undeveloped land. The framework says that freestanding growth centers should establish their own urban service areas to phase facility extensions with new development, and an Population growth Y plans to accommodate po P g should be accompanied by expanded fob opportunities. - The rural service area consists of the rural centers, commercial agriculture area and the general rural use area. r There are 34 rural centers identified in the framework, most under 1 Population. Traditionally, these have been service centers for surrounding agricultural areas, but their role is changing. Urban residents have moved there, as have some industries not dependent on close proximity to the region's urban core. To avoid potential groundwater pollution from on -site sewer systems, rural centers should either have public sewers or new development should be low density, meeting the standard for the rural service area - -one housing unit per 10 acres with a minimum lot size of 5 acres. 2 The commercial agriculture area consists of land certified eligible for the state agricultural preserves program, encompassing over half the farmland in the Metropolitan Area* This is a productive agricultural area, and is not needed for urban growth at any time in the foreseeable futures The Council supports agriculture as a permanent use of land in this area, with the state agricultural preserves act and local zoning providing the basic protection against incompatible land uses. The general rural, use area comprises 40 percent of the Metropolitan Area. It includes farms, some of which are productive, some marginal. The housing includes farmsteads and suburban -type housing on large lots. The framework says residential development should be zoned at low densities . (one housing unit per 10 acres) and large lot sizes (5 acres). Development should be held to strict controls on land use and on -site sewage systems. Acreage suitable for long -term agriculture should be certified under the agricultural preserves program and become part of the commercial agriculture area. The.framework also identifies another category-- s_peeial regional facilities These are large projects with a specific function or focus, such as-sports or international trade. The framework says the Council will initiate a review of such a project if it is, in fact, special and potentially has a region -wide impact. The Council's review would focus first on the need for the facility and its requirements, and secondarily on the Council's objectives for development and redevelopment. The framework also establishes a method for coordinating changes in comprehensive plans of local communities with the Council's development and investment framework and regional plans for sewers, parks, airports and transportation. A major feature of the Metropolitan Development and Investment F rra_m_ewa_k is a process the Council would follow in making decisions about investments in regional facilities and services. The Council would first consider how well a project meets a regional need, in addition to how well it conforms to a previously approved budget or how it may affect regional facilities. It would also set priorities.among projects, where it is appropriate to do so, and review the financing for the project. What are regional needs? These are identified in policies for the geographic policy areas described in the framework and in the Council's regional plans for transportation, sewers, parks, airports and other functions. The Council would determine how well a project contributes to meeting these needs. In setting priorities among projects, the Council would rank them.according to the three categories mentioned earlier, in order of priority: 1) maintaining already existing facilities and providing for redevelopment in the urban service area; 2) providing for planned growth; and 3) providing regional services to support major additions to the region's economy. The Council would initially make this decision without considering the source of a project's funding. First consideration for funds would go to protecting the natural environment and public welfare and complying with federal and state laws. The framework's financial review process establishes a common procedure for reviewing the financing of investments. The Council would determine the best metliod for paying the capital and operating costs of a project. It would also 3 The commercial agriculture area consists of land certified eligible for the state agricultural g g preserves program, encompassing over half the farmland in the Metropolitan Area. This is a productive agricultural area, and is not needed for urban growth at any time in the. foreseeable future* The Council supports agriculture as a permanent use of land in this area, with the state agricultural preserves act and local zoning providing the basic protection against incompatible land uses. The general rural use area comprises 40 percent of the Metropolitan Area. t I includes farms, some of which are productive, some marginal. The housing includes farmsteads and suburban.-type housing YP g on large lots. The framework says residential development should be zoned at low densities Cone housing unit t per 10 acres) and large lot sizes (5 acres). Development should be held to Strict controls on land use and on -site sewage systems. Acreage suitable for long -term agriculture should be certified under the agricultural P reserves program and become part of the commercial agriculture area. The framework also identifies another category --- ecial re ional facilities. These are large projects � g p j is with a specific function or focus, such as sports or international trade. The framework says the Council will initiate a review of such a project if it is, in fact, special and potential) has a region -wide impact. The Council's review Y would focus first on the need for the facility and its requirements, and secondarily on the Council's objective for development and redevelopment. The framework also establishes a method for coordinating changes g g in comprehensive plans of local communities with the Council's development and investment framework and regional plans for sewers, parks, airports and transportation. A major feature of the Metropolitan Development and Investment Framework is a process the Council would follow in making decisions about investments in regional facilities and services. The Council would first consider how well a project meets a regional need, in addition to how well it conforms to a previously approved budget or how it may affect regional facilities. It would also set priorities among projects, where it is appropriate to do so and review the financing for the project. What are regional needs? These are identified in policies for the c policy areas described in the f eo ra h r. � g g P i framework and in the Council's regional plans for transportation, sewers, parks, airports and other functions. The Council would determine how well a project contributes to meeting these needs. In setting priorities among projects, the Council would rank them according o the three categories mentioned earlier in order g of priority: 1) maintaining already existing facilities and providing for redevelopment in the urban service area; 2) providing for planned growth; and 3) providing regional services to support major additions to the region's economy. The Council would initially make this decision without considering the source of a project's funding. First consider consideration for funds would go to protecting the natural environment and public welfare and complying with federal and state laws. The framework's financial review process establishes a common procedure for reviewing the financing of investments. The Council would determine the best method for paying the capital and operating costs of a project. It would also 3 JOINT REVIEW OF THE METROPOLITAN DEVELOPMENT AND INVESTMENT . -FRAMEWORK BY METRO EAST JURISDICTIONS January, 1986 This response to the Metropolitan Development and Investment Framework is a joint response from many jurisdictions in the eastern, half of the Metropolitan area. It does not represent the totality of responses from each jurisdiction. Rather this response includes all major opinions and recommendations commonly held by the responding agencies. Many of the agencies here may submit supplemental comments as well, First and foremost, we support most of the principal policy recommendations made in the MDIF, The general approach taken toward resource management, investment p r i o r i t i e s , special regional facilities, the metro centers, and the fully developed areas appear fiscally responsible and equitable. We strongly support the Metropolitan Counci 1 ' s efforts to implement these basic policies. Of particular significance to us is the MDIF approach to resource management.. We strongly support economic development in areas of existing excess capacities. To do otherwise is to ignore past investments on both the regional and local levels. We support an aggressive approach to encourage such economic development and will support that approach with necessary complementary local investments. In addition, we support the notion that new public investments should be made to complete the 'full complement' of urban services. To us this means that public investment in areas where there has already been a y ood deal of infrastructure i nvestment makes most sense and has the greatest potential for economic development. Finally, we support investment priorities which protect /rehabilitate the existing infrastructure assets rather than total neglect in favor of service expansion. This balance of rehabilitation and expansion must be met to protect past investments and target future spending. There are, however, three issue areas where we would support changes to the MDIF. 1. Need for a clearer picture of demographic trends There has been a great deal of discussion regarding the population, employment and household 'forecasts'. The biggest collective concern we have is the way these forecasts are portrayed to the investment community, We believe the MDIF suggests the forecasts are accurate predictors of growth which cannot be readily altered through public policy/investments. We support text changes which. describe the forecasts as rough predictors of growth for purposes of infrastructure expansion only, and that such forecasts are subject ' updating annually or biennially based on actual development trends. Perhaps a range of growth forecasts would more accurately portray their relative accuracy. 1 In addi on, we believe factors used to describe past trends are too narrow in scope and ignore important labor force information such as age, household size .median fami income and percentage of home ownership, Also, we strongly believe that comp arisons P p among geographic sectors would greatly increase our-collective, knowledge of the metropolitan itan area B P y broadening the demographic discussion the MDIF would convey much be ter sense of the recent changes in the Metropolitan Area as well as ros ects for the future, p P. Z. Need for recognition of local infrastructure investments. Our primary concern here is that there have been substantial investmen e is at the local level that are not being fully recognized, If this metropolitan area can be viewed as a ' community of communities' then the collective investments of individual communities are cumulative) important as all the regional inves y a s . 9 investments. We request that the MDIF emphasize the extensive investments made by local j in local streets, sewers, pol icy, fire, libraries and schools. In addition h t e local level of services should be considered (as are the re ion . regional services) when regional decisions are made to expand services and/ / o promote economic development. For example, when excess ca determining areas of capacity' local service g P y ce capacities should be considered along with regional service capacities. 3. Need for a clearer role for the Metropolitan Council. First, we recommend that the MDIF be more explicit i c i t re and i n what P regarding the Metropolitan Council can /cannot do to implement policies ci es of the MDIF IF There is a continuum of tools the Metropolitan Council has from providing information to providing � p ovid�ng inform p ng direct assistance and /or applying legal sanctions. In a d d i t i o n , we believe the MDIF should specify whic tools will like) implement N the MDIF policies be used to im 1 . Second, we recommend a clearer and more simplified approach to fiscal oversight, The MDIF PP 9 should be more explicit in recognizing the Metropolitan Council's capability to guide transportation � P expenditures, In addition we believe eve the discussion of fiscal priorities should concentrate on the "investment classes" and not try to evaluate "economic c ri-teri a" . Although the economic development criteria are laudable,, believe they will have a tendenc to c onfuse vie y o fuse an already complex review process. In closing we would l i k e to reaffirm our general support for the PP Metropolitan Development and Investment Framework, We believe the step tak e n p in resource management, investment priorities and special regional facilities will have long- lasting economic development and fiscal benefits for the entire metropol i tan community. Thank you. CITY OF D 1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109 OFFICE OF COMMUNITY DEVELOPMENT 770-4 December 19, 1985 Mr. Robert Davis Metropolitan Council 300 Metro Square Building St. Paul, MN 55101 METROPOLITAN DEVELOPMENT AND INVESTMENT FRAMEWORK DRAFT I support the policies in the MDIF. There are, however, three issue areas that should be changed: Forecasts Forecasts for individual cities should indicate the margin of error or show a forecast range, in, addition to a specific number. This would help ities judge p the reliability of forecast numbers. Staff has indicated that the + margin of error could be as high as 25% to g g _ 40� in some cases. Updating the forecasts every five years may be acceptable for most areas. How- ever, Metropolitan Council should be open to revising forecasts sooner than that for cities that encounter s i g n i f i c a n t Popu lation changes not foreseen i n the original forecasts, g Polic 15 .25 Excess Highwa Ca acit Excess highway capacity is based on "off— peak" volumes. This should be made d clear on the map on page 26 or in the text. Excess capacity should also c P y on — sider "peak loads." This is certainly a factor in 'determinin the ' g e service level of a highway. Ask any commuter during rush hour. The map on page 26 does not differentiate between highways with excess capaci that are subject to excessive peak loads and those that are not. A map similar to the on.e on page 26, should be done for peak loads and used with Policy 15. Attachment 3 Mr. Robert Davis Page 2 December 19, 1985 r The Relationship Between Planning nd � Zon pp. 63 -64 Cities should not have to 'justify differences between their zone n land an d uses, where the zoning is less intensive g d planned delay this s t e of ens i ve than the land use plan. Man cities t i YP rezoning until it is requested b a developer es , Y per. and a plan i s proposed. This al the city and neighborhood to see what the a ..getting and negotiate for improvements if Y re needed. This strategy is es eciall important when rezoning around single—dwelling P y will oppose rezonin s without g Most neighborhoods and assume the worst. Whether a city g ut specific proposal because the fear c h o oses Y the unknown noses to use this strategy or not should be a local zoning decision, The Metropolitan Council • should not be involved, since there is no adverse . effect on regional systems. The Metropolitan Council-should ci 1 should be involved, where 1 and � i • s zoned for -a higher intensity of use than shown on the plan. A s i g n i f i c a n t acreage of this ' could have an adverse effect on planning g s ki nd of land co act P nn�ng for regional systems.. The Land Use Planning should be amended to require that.th be consistent*in these cases, a zoning and land use plan GEO OLSON, AICP - DIRECTOR OF COMMUNITY DEVELOPMENT jc r - Aotion by Council MEMORANDUM T Endorse Modified Rejected...,„ TO: City Manager Date FROM: Director of Community Development SUBJECT: Planning Commission and Community Design Review ` Board Ap DATE: December 30, 1985 The following terms expired January 1, 1986: Planni Commission (3 year terms) - .. Attendance ' (46 Members Or fi nal A ointment M g PP M e e tings Held) Seeki n g Reappointment Paul El lefson April 1977 9 Yes Dorothy He j ny 7 -17 -80 — No Dennis Larson 4 -9 -84 13 Yes Dave Whitcomb 3 -20 -80 16 Yes Communit Desi n Review Board 2 year terms Attendance (20 Seeking Members Ori Original Ap g pp Meetings Held) Reappointment Donald Moe (Chairman) 1 -22 -81 17 Yes Robert Peterson 1 -23 -84 17 Yes Fran J u ke r 7 -9 -84 — No Comments Section 25 -20 of city code states that the chairman of h t e pl anning commission shall be designated by the city council at the first meeting i n Januar y of each year. Les Axdahl is the present chairman. Recommendati 1, Reappoint members to the planning commission and community des review y g w board. 2. Appoint a chairman of the plannin g commission. 3. Approve the enclosed resolutions of appreciation for Dorothy e ' and y � y Fran Juker, and authorize staff to advertise for new members. .j c Attachments: 1. Two resolutions 2, Letter a01V RESO,LU7ION Of APPRECI A % ION NflEREA5, f Zan ALkp-A.kcame a memgAm 'off �-h .e Comunit t y D".z y n /review z30 a2d o/ (' qp ewo od on juiy 9, 1984 and h as 6e r v.ed laiihl n. �h. z ai- capac jt y; NIZEREAS, she has //te�eiy y iven 0 hea Lime and .en.e2 • � yy� c0m /2.en scion, /02 i-hv o/ Vie City o/ Plapiewoodr and NIZE REA5, Shp- hays shown 6,ince r e ded, cai-ion i-o hey, d ut.c" and has conz i s.en l y con.i,. ' he/z ieade hip nd e oAi- .zn man ,eo2 &e P en.e1.� o/ Vh.e C4 t.y. � ,�� y ways NOG), % 11EREtORE, 17 IS HEREBY RESOLVED /oA � on �,.ehail 0/ -�fi.e C41t y o/ Oapiewo 0d, 1'?.inn ova, and th citiz o c.� i r r � y� FAan �A-eA �z he y zx,te.nd ed ou/z y healzgv-. 2aLii -ud p- and applzeczation /o/z hea d.ed. caked 6e/zv.ice and we w.i6h he. coni4Aue_d zucc.ezz in ; fh� P".6ed g th.e Counc jj o/ h.e C.i t y o,-. Nap-Q.ewo o �fu l Rh clay o/ aanualt 1986 john y1t.eavu, OCLyU2 Pazz ed f y �h. Commun.i�y Rezi yn Rev Bo afr d o f ,the. Ca y o/ Maptemo od -�h,iz 14i-h day o/ j anu a l u j , 1986 Uonu,N (' oz, Cfi�an. kft t: e� ,Lu c.i.e.ee E. Ct ejzk aOIN7 RESO,L U7ION Of 01/ ECJA7I0N WHEREAS, DoAothy ,veiny h " keen a m.emge. o/ the Piann ing Convn ins s.ion o/ Nap ewood, Nnne�ota, 6,ince 7uiy 1.7, 1980 caul h ays ,s.eAv.ed /ai /ui4 .i in Thai- capaci-�y �to -th. Pn ez en- time; and GIfIE /`DE S, -�h. piann.ing c omn i s s.ion has app q ec.iat ed h e-A ex�ezience, .cn�s.i yh�s and good judgment,; and WHEREAS, .6he h. as Aeeiy g.ivzn o/ h.-r. Line and env-zyy, wil thout comp.enw t ion, /02 tAe ketteAmen. o/ the C.i t y o/ �'?c' pie.wo od; and 011EREAS, .she ha-6 shown 6,inc.eAAa ded,ica�t ion �to hem. clues and hays conz i stenUy conbz..�&uted hea izad.e/uh.ip, time and ellort ; , "02 ih.e P.A-.en. la o/ �h.e c.ay, , NOGI, % IC- REtORE, BE 17 HEREBY RESOLVED? oA and on .�, ail o tke C a y o/ Napiewo od, N iwz ez ova, and .ids c ' ens, -thai Do2o�hy /le jn y .ins he lteA y extended out health p- u g2at it ud.e and applteciaLion o2 h. eA dRd,ica�t ed 6e�v.ice and eve w.izh hza con inueel su cc.e s s in thi lute azzed gy .the Cocuici,e o/ the City o/ Oap.Qewoocl .thiz 131.h day o/ janua, 7986 Ahn C. G2eavcc, Mayo2 commi.zzion. o/ .the C.i.� o/ Map.eewood .th�z 6.th day o� janualty, 7986 Le-6i- z 4xd ahi, Cha.bzman .Luc i.i'& E, AuAeUu s, az/zlz x N -T A L'S I N Ce'' , 1829 WHITE BEAR AVE, ST. PAUL, MILAN. 55109 T 770 -3841 Geof Olson City of Maplewood' 1380 Frost Ave. Maplewood, MN 55109 Dear Geof, My term as a planning commissioner for the City of Maplewood expires Dec. 31 19850 After careful consideration I have decided not to apply for renewal of this appointment. I'm sure I will miss the challenges of the commission as as the friends I•will not see as often. Please thank the other members of the planning commission and the City Council for giving me the g g opportunity to serve the City P of Maplewood these past 6 years. Sincerely, Dorothy . M. He j ny ,..WE RENT MOST EVERYTHING._ .. - ( % 06 ,(!I li1lie Suburban nevVspapers 2515 E. Seventh Avenue North St. Paul, MN 55109 (612) 777-8800 December 23,, 1985 Honorable Ma Greavu and Cit Council Cit of Maplewood 1380 Frost Ave, --Maplewood, Mn. 55109 Dear Ma Greavu and Council Members: We are pleased to submit the followin quotation on publishin of minutes and other le publications durin 1986 As y ou are aware, the Minnesota State Le establishes the le rate for the publishin of le notices. However, as in the past, we will discount the le rate for publishin council proceedin Le publication rates for public notices, bids, etc..... $4.71 per column inch, $6.29 tabulated and $3.14 per column inch for each additional publication in 6-point t These rates are the same as last y ear. Thank y ou for allowin us to serve as y our le newspaper durin Yours truly N. Theodore Lillie Ra.. . on Enri bm RAMSEY COUNTY REVIEW - MAPLEWOOD REVIEW - WASHINGTON COUNTY REVIEW -NEW BRIGHTON BULLETIN - SH(YREVIEW BULLETIN - ST. ANTHONY BULLETIN REVIEW SHOPPERS' GUIDE - ROSEVILLE REVIEW - BULLETIN SHOPPERS' GUIDE - SHOREVIEW-VADNAIS HEIGHTS SHOPPERS' GUIDE SOUTH - WEST REVIEW - WOODBURY-SOUTH MAPLEWOOD REVIEW Aoi i on bJ Council RULES OF PROCEDURE Endorsed,�. odifi e Section 1. Rei ®cte MEETINGS Date Regular The City Council shall hold regular meetings on th --- g e second and fourth Mondays of each month at 7:00 P.M., provided that when the day fixed for any regular meeting falls on a day designated b law g y as a legal holiday, such meeting shall be held at the same hour the next succeeding Thursday not a holiday. Special The Mayor or any two members of the Council by writing iled with th the City Clerk at least twenty -four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual . place of residence with a person of suitable age and discretion then residing therein, , or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting ime. Except t p for trivial matters, business transacted at a special meetin g shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council.si n g waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood p d Municipal Building unless there is a published notice designating another location. Presiding Officers: The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Councilmembers shall elect one of their number as temporary chairman. Quorum Three members of the Council shall constitute a quorum at an meeting g of the Council, but a . smaller number may adjourn from time to time. Order of Business: At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his absence by the Acting Ma Y or or in the absence of both, by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall pro- ceed to business which shall be conducted in the following order: A. Call to Order B. Roll Call C. Approval of Minutes D. Approval of Agenda f j Aoi i on bJ Council RULES OF PROCEDURE Endorsed,�. odifi e Section 1. Rei ®cte MEETINGS Date Regular The City Council shall hold regular meetings on th --- g e second and fourth Mondays of each month at 7:00 P.M., provided that when the day fixed for any regular meeting falls on a day designated b law g y as a legal holiday, such meeting shall be held at the same hour the next succeeding Thursday not a holiday. Special The Mayor or any two members of the Council by writing iled with th the City Clerk at least twenty -four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual . place of residence with a person of suitable age and discretion then residing therein, , or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting ime. Except t p for trivial matters, business transacted at a special meetin g shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council.si n g waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood p d Municipal Building unless there is a published notice designating another location. Presiding Officers: The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Councilmembers shall elect one of their number as temporary chairman. Quorum Three members of the Council shall constitute a quorum at an meeting g of the Council, but a . smaller number may adjourn from time to time. Order of Business: At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his absence by the Acting Ma Y or or in the absence of both, by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall pro- ceed to business which shall be conducted in the following order: A. Call to Order B. Roll Call C. Approval of Minutes D. Approval of Agenda E. Consent Agenda F. Public Hearings G. Award of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew No additional agenda item will be discussed after 10:30 P.M. No discussion will continue past 11:00 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 the adjournment occurred. No new items will be added to the con- tinued meeting agenda. First Regular At the first regular Council meeting in January of each year, the Council shall (1) designate the depository of City funds, ( 2 ) designate the official newspaper, (3) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and ( 4 ) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. Section 2 AGENDA FOR REGULAR MEETING (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the Monday Council meeting at which con- sideration is desired, and shall be delivered to the City Manager, or in his absence, the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. (2) Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meet- ing, except that an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements how- ever, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action other than filing, is required or requested. The Mayor and each Councilmember shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and in- formation pertinent to the agenda at least seventy -two hours prior to each regular Council meeting. - 2 - No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been pre- sented to the City Manager for inclusion on the agenda. Section 3 JOINT COUNCIL AND SCHOOL BOARD MEETINGS No item of business shall be considered for action by the Council at the joint meeting where an. expenditure of funds or use of city property or staff would be required. Items requiring such expenditures or uses shall appear on the next regular meeting agenda where the Council may take action as is required or is necessary. Section 4 MTNTTTF.q (a) The City Clerk shall keep a record of all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. Section 5. DUTIES OF THE PRESIDING OFFIC The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and deside all questions or order, subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He shall vote on all questions and on a roll call vote rotate the order in which votes are cast. Section 6 RULES OF DEB (a) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. (b) Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all personalities and indecorous language. - 3 - ( c ) A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined and if in order, he shall be per- mitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be made by a member of the Council who voted with the prevailing side, provided that if such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. (e) A Councilmember may request, through the Presiding Officer, the privilege of having an abstract of his. statement on any subject under consideration by the Council, or the reason for his dissent from or support of any action of the Council, entered in the minutes. Such a request may be made at the time of said action or considera- tion or at a time of the adoption of said minutes. Unless the Coun- cil, by motion, objects, such statements shall be entered in the minutes. (f) The Clerk shall enter in the minutes a synopsis of the discussion on any question coming in proper order before the Council. Section 7 ADDRESSING THE COUNCIL Any person desiring to address the Council shall first secure the.per- mission of the Presiding Officer. Each person addressing the Council shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilmember or any member of the Administrative Staff except through the Presiding Officer. .qP e-fi inn A _ GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered and in case of a conflict these rules shall govern. DECORUM AND ITS ENFORCEMENT: - 4 - The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Coun- cil, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein pro- vided. No smoking shall be permitted in the Council Chamber while the Council is in session. Sect i nn in _ ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS: (a) Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a mem- ber of the Council except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. (b) Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise pro- vided by law and except that amendments to the comprehensive plan shall require at least four votes in favor. (c) Every ordinance other than emergency ordinances shall have two public readings as provided in Subsection (b) of this Section, and at least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. (d) An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or wel- fare in which the emergency is defined and declared, passed by a roll call vote of at least four members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City and twenty -four hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, per- sons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. (e) All ordinances and resolutions 6hall be filed with the Clerk and made a part of the minutes. Reports, petitions and correspondence shall be filed with the Clerk and made a part of the minutes by reference. - 5 - gAr•i- i nn 11 CONDUCT OF CITY EMPLOYEES (a) The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he may deem necessary for the welfare of the people and efficient admini- stration of the affairs of the City. He shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereto, however, it is recognized that the City Council is the policy making body for the City and the City Manager shall confine his discussions at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. (b) No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer ques- tions directed to such employee, or to present factual information. (c) The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. qAr+- i nn 1 ') WAIVER By 4/5 consent of all Councilmembers, these rules may be waived. qAr f -inn l Z AT).7nTTRt\TMFT\7rP - A motion to adjourn shall always be in order and decided without debate. -R-T-JLES, OF PROCEDURE .qp ni- i nn I - MEETINGS Re The Cit Council shall hold rec meetin on t he second and u fourth Monda of . each m'onth.dt 7.,00 P.M., provided that when the da fixed for an re meetin falls on A da desi b law as ,a le holida such meetin shall be held at the same hour:�-on the next succeedin Thu'sdi I r ay no a holida Special: The Ma or an two member' of the Council b writin filed with s the Cit Clerk at least twent hours before such 'Meetin ma call a special meetin Notice of such meetin shall state the purpose or purposes thereof and shall be personall delivered to each member or be left at the ' members usual place of residence with a person ref suitable a and discretion then residin therein, or written notice thereof shall be left in a conspicuous place at the residence if no such 'person can be found there. The notice shall be delivered twelve hours before the meetin time. Except for trivial matters, busines's transacted at a special meetin shall be limited to that mentioned in the call. Emer meetin ma be called at an time providin all members of the Council si waivers of notice to such 'Meetin and said waiver ers shall be filed with the Cit Clerk, Place: All meetin shall be held in the Council Chambers of the Maplewood It Municipal Buildin unless there is a published notice desi another location. Presidin Officers The Ma shall preside at all meetin of the Counci 1. In the - absence of the'kla the' .Actin Ma shall preside. In the absence of both, the Councilmembers shall elect one of their number as temporar chairman. Q uorum: Three members of the Council shall constitute a q uorum at an meetin of the Council, but a smaller number ma adjourn from time to time. . a Order of Business: At the hour appointed for meetin the members shall be called to order b the Ma or in hi's absence b the Actin Ma or in the absence of both, b the'Clerk, The Clerk shall call-the roll, note the absentees and announce whether a q uorum is present. In the absence of the'Clerk, the Ma shall appoint oint a secretar protem. Upon the appearance of the q uorum, the Council shall pro- ceed to.business which shall be conducted in the followin order: A. Call to Order B. Roll Call C. Approval of Minutes D. Approval of Agenda E. Consent A F. Public Hearin G. Award of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew: No additional a item will be discussed after 10:30 P.M. No discussion will continue past 11:00 P.M. Meetin adjourned under this polic will be continued to the.next Thursda at 7:00 P.M. The continued meetin will start at the point on the a where the adjournment occurred. No new items will be added to the con- tinuOd meetin a First..Re At the first-re Council meetin in Januar of each y ear, the Council shall (1) desi the depositor of Cit funds, ( 2 ) desi the official newspaper, (3) choose an Actin Ma from the membership of the Council who shall perform the duties of the Ma durin the disabilit or absence of the Ma and (4) review the Rules of Procedure of the Cit Council and make an necessar chan if such chan are desired. Section 2. AGENDA FOR REGULAR MEETING All matters to be submitted to the Council shall be filed not later than 12t00 Noon on the Monda prior to the Monda Council meetin at which con- sideration is desired, and shall be delivered to the Cit Mana or in his absence, the Cit Clerk. In unusual circumstances 'and when the matter does not re investi an item ma be accepted after the deadline upon the approval of the Cit Mana (2) Except for trivial matters, no item or business shall be considered for action b the Council which does not appear on the a for the meet- in except that an item or ur business which re immediate action and is so determined b a majorit of the Council ma be considered b the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions.,- re and statements how- ever, such items which do not specificall appear on the a shall be deferred to a future meetin for more careful consideration and stud if Council action other than filin is re or re The Ma and each Councilmember shall be provided with a cop of the a minutes of the previous meetin and an other reports and in- formation pertinent to the a at least sevent hours prior to each re Council meetin - 2 - No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been pre- sented to the City Manager for inclusion on the agenda. Section 3 . JOINT COUNCIL AND SCHOOL BOARD MEETINGS No item of business shall be considered for action by the Council at the joint meeting where an expenditure of funds or use of city property or staff would be required. Items requiring such expenditures or uses shall appear on the next regular meeting agenda where the Council may take action'as is required or is necessary. Se ction 4 MTNTTTF:� - (a) The City Clerk shall keep a record of.all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such.minutes may be approved without reading if each member has previously been provided a copy. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. .qP r_f i nn �; _ DUTIES OF THE PRESIDING OFFICE The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the.decision of the Council on all subjects, and deside all questions or order, subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He shall vote on all questions and on a roll call vote rotate the order in which votes are cast. Section 6 RULE S OF DEBAT (a) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember.by reason of his acting as the Presiding Officer. (b) Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all personalities and indecorous language. - 3 - (c) A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined and if in order, he shall be per- mitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting: of the Council and must be made by a member of the Council who voted with the prevailing side, provided that if such motion to reconsider is passed, then the parties entitled to notice on the original action, shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. (e) A Councilmember may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council, or the reason for his dissent from or support of any action of the Council, entered in the minutes. Such a request may be made at the time of said action or considera- tion or at a time of the adoption of said minutes. Unless the Coun- cil, by motion, objects, such statements shall be entered in the minutes. (f ) The Clerk shall enter in the minutes a synopsis of the discussion on any question coming in proper order before the Council. Section 7 ADDRESSING.THE COUNCIL Any person desiring to address the Council shall first secure the per- mission of the Presiding Officer. Each person addressing the Council shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilmember or any member of the Administrative Staff except through the Presiding Officer. Section 8 GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority on parliamentary practice on matters not specifically covered and in case of a.conflict these rules shall govern. Section 9 DFC_ORTIM AND TTS FNF0R(7_1F.M1F.1qT The. Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Coun- cil, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein pro- vided. No .smoking shall be permitted in the Council Chamber while the Council is in session. �qP r_il i nn in _ ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS: (a) Ordinances resolutions, and other matters or subjects re Lill action by the Council shall be introduced and sponsored by a mem- ber of the Council except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. (b) Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolutions and motions, the ayes and nays shall be recorded The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as-otherwise pro- vided by law and except that amendments to the comprehensive plan shall require at least four votes in favor. ,(c) Every ordinance other than . emergency ordinances shall have two public readings as provided in Subsection (b) of this Section, and at least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. (d) An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or wel- fare in which the emergency is defined and declared, passed by a roll call vote of at least four members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in three conspicuous places in the City and twenty -four hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, per- sons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. (e) All ordinances and resolutions , §.hall be filed with the Clerk and made a part of the minutes. Reports petitions and correspondence shall be filed with the Clerk and made a part of the minutes by reference, =� SP-0-t-i nn I I - CONDUCT OF CITY EMPLOYEES: (a) The Cit Mana ma take part in the discussions of the Cit Council and ma recommend to the Council such measures as he ma deem necessar for the welfare of the people and efficient admini- stration of .the affairs of the Cit He shall have all the ri powers and duties prescribed by.Minnesota Statutes in re thereto, however, it is reco that the Cit Council is the polic makin Bod for the Cit and the Cit Mana shall confine his discussions at Council meetin to statements of fact, recommendations based on his knowled and experience and explanations of the reasons for the same, and an matters pertainin to administration. (b) No City emplo other than the Cit Mana or Attorne shall enter into discussions of the Cit Council except to answer q ues- tions directed to such emplo or to present factual information. (c) The above re of Cit emplo sha not be construed to limit the appearance before the Cit Council of an Cit emplo . when such appearance is made as a taxpa or member of the public, for or a some particular issue under discussion b the Council when such emplo has an interest in the outcome thereof. Ser-t-i nn 1 9 - WAIVER: B 4/5 consent of all Councilmembers, these rules ma be waived. Section 1�_ AD►-TnTTRT\TM'PT\TrP -_ A motion to adjourn shall alwa be in order and decided without debate. MEMORANDUM A ction by Courlo.i a End orsed. ., � odiie TO: City Manager eieote A- FROM : Director of Community Development SUBJECT: Joint Meeting DATE: January 7, 1986 The planning commission has requested a jo int meeting with the city council to discuss an amendment to the comprehensive plan that would update the density conversion table with the 1980 census. A joint meeting should be held because of the significance of the change and the technical nature of the table. The commission felt that this would also be a good time to discuss goals for updating the plan. The commission's first choice for a date is January 30, second choice January 28 and third choice January 29.