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1982 08-09 City Council Packet
AGENDA Maplewood City Council 7:00 P.M., Monday, August 9, 1982 Municipal Administration Building Meeting 82 -20 (A) CALL TO ORDER (B) ROLL CALL (C APPROVAL OF MINUTES 11 Minutes 82 =18 (July 26, 1982) 2. Minutes 82 -19 (July 29, 1982) (D) APPROVAL OF AGENDA (E) CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion on these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 10 Accounts Payable 2. Final Plat - Schwi chtenberg Addition 3, Final Approval - Industrial Revenue Note - Cricket Inn 4. Cancellation of Assessment 5. Tax Forfeit Property (F) PUBLIC HEARINGS 10 Preliminary Approval - Industrial Revenue Note - Emerald Inn (7:00) 20 Preliminary Approval - Industrial Revenue Note - Health Resources (7:15) 3. Code Amendment - Home Occupation (7:30). 40 Kennel License - 366 Lark Ave. (7:45) 5. Variance: 2588 Stillwater Rd. (8:00) 1! lF � 1 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 26, 1982 Council Chambers, Municipal Building Meeting No.�82 -18 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:.04 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 82 - 15 (June 28, 1982) Councilmember Anderson moved to a rove the Minutes of Meeting No. 82 - 15 (June 28, 1982)., as submitted. Seconded by Councilmember Juker. Ayes - all. 2. Meeting No. 82 - 16 (July 12, 1982) Councilmember Juker moved to approve the Minutes of Meeting No. 82 -16 (July 12, 1982) as submitted. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Maida abstained. 3. Meeting No. 82 -17 (July 15, 1982) Councilmember Bastian moved to approve the Minutes of Meeting No. 82 -17 (Jul 15, 1982) as submitted. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Maida abstained. D. APPROVAL OF AGENDA Councilmember Anderson moved to approve the agenda as amended: 1. Voting Procedures - Council 2. 25th Anniversary 30 Liquor Industry 4. Valley Branch Correspondence 5. Council Procedures - Amendment 6. Surplus Property 1 - 7/26 el Seconded by Mayor Greavu. y A es - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda Items l through 5-as recommended: 1. Accounts Payable Approved the accounts (Part - Fees, Services and Expenses - Check No. 000648 through Check No. 000704 - $279,794.44; Check No. 013672 through Check No. 013821 - $110,920.37: Part II Paryoll - Check No. 04412 through Check No. 04537 - $60.,068.53) in the amount of $450,783.,34, 2. Revenue Sharing Audit Authorized the appropriate City officials to execute the agreement with DeLaHunt Voto & Co. Ltd. for the special audit of the City's Revenue Sharing Fund as required to be completed by September 30, 1982.- The estimated cost is $2,220.00. 1 3. Time Extension - Carsgroves Meadows Approved a one year time extension for the preliminary plat approval for Carsgroves Meadows First and Second Addition subject to all original conditions and on the basis that construction of the Forest Street project is in progress. 4. Time Extension - Schwichtenberg Addition Approval of a one year time extension for the Schwichtenberg Addition preliminary plat subject to the original conditions. 5. Final Plat - Adrienne's Addition Approved the final plat for Adrienne's Addition. E - 1 Adolphus Street Sanitary Sewer Assessments a. The Council had met earlier as a Fact Finding Board to review the appeals to the Adolphus Street Improvement 81 -4 assessments. b. Councilmember Maida moved to amend the assessment roll as follows: s Code No Name Action 57 63300 090 01 Chester Kramer, 1882 Beaumont Cancel Assessment $296.50 57 63300 060 02 Oscar H. Riveness, 1879 Beaumont Cancel Assessment $296.50 57 01710 050 36 C.R. Sandmeyer Reduce from 3 units to 2 units - $296.50 57 01710 020 66 Claire 0. Dahlquist a Reduce from 6 units to 3 units - $889.50 57 01710 030 66 Ronald W. Dahlquist Reduce from 5 units to 3 units - $593.00 _ 2 _ 7/26 Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS 1. P.U.D. Preliminary Plat and Alley Vacation - English Street Townhouses a. Mayor Greavu convened the meeting for a public hearing regarding the request of Citation Corporation for a planned unit development consisting f 72 units g nine � double dwellings, two three plexes and twelve four plexes); a preliminary plat for Phase I (12 units consisting of two. double dwellings and two four plexes); vacation of the alley right of way east of English Street, south of Cope Avenue, extending to the railroad right of way. The property located south of Cope Avenue and east of English Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Dorothy Hejny presented the Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the PUD for the entire project, subject to the following conditions: 1. The first building permit must be approved within one year or Council must approve a time extension. 2. A protective planting screen, to be approved by the Community Design Review Board, shall be provided between the four - plexes and the railroad tracks. Commissioner Howard seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Y, Howard, Kishel, Pellish, Prew, Whitcomb Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the preliminary plat for phase one, subject to completing the following conditions before final plat approval: 1. Suitable arrangements be made with the City Engineer to provide sewer and water services from Cope Avenue. 2. A final grading and drainage plan be approved by the City Engineer. 30 Dedication of an additional thirty foot utility easement along the east side of block one. 4. Submission of an erosion control plan. 5. Submission of a developer's agreement to construct a ten foot wide bituminous path with a split rail fence on each side. 6. Approval of the by -laws and rules of the homeowners' association to ensure that all common areas will be maintained. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb Commissioner Fischer moved the Planning Commission recommend the City Council grant approval to vacate the twenty foot wide alley that runs along the south side' of phase one, from English Street to the railroad tracks, subject to =final plat approval. Commissioner Kishel seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb." d. Mr. John Newell, Citation Corp., 93 W. Little Canada Road, stated he agreed to all the conditions. - 3 - 7/26 e.. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. Mr. Fred Seibert, 408 W. Arlington, President of Skateboard Park, is not opposing the proposal, but questioned how it would affect his property. g. Mayor.Greavu closed the public hearing. h. Mayor Greavu moved to approve the Planned Unit Develo menu as. requested by the Citation Corp. for the property located south of Cope Avenue and east of English Street subject to the following conditions: 1. The first building permit must be approved within one year or Council must approve a time extension. 2. A protective planting screen, to be approved by the Community Design Review Board, shall be provided between the four - plexes and the railroad tracks. 3. Approval of street alignment or drainage plan is not included. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. i. Mayor Greavu moved to approve the preliminary plat for base one as requested by Citation Corp subject to com letin the followin conditions before final plat ap2rova l : 1. Suitable arrangements be made with the City Engineer to provide services from Cope Avenue. 20 A final grading and drainage plan be approved by the City Engineer. 3. Dedication of an additional thirty foot utility easement along the east side of Block one* 4. Submission of an erosion control plan. 5. Submission of a developer's agreement to construct a ten foot wide bituminous path with a split rail fence on each side. 6. Approval of the by -laws and rules of the homeowners' association to ensure that all common areas will be maintained. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. j. Mayor Greavu introduced the following_ resolution and moved its adoption: 82 - 7 - 92 WHEREAS, Citation Corporation has initiated these proceedings to vacate the public interest in the following described real property: The twenty foot wide alley in block 4 of Sabin Addition to Gladstone, abutting lots 1 33; 3 WHEREAS, the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by the Citation Corporation on the 28th. day of May, 1982; 2. That said vacation has been referred to and reviewed by the Maplewood Plan- ning Commission on the 19th day of July, 1982, and referred back to the - 4 - 7/26 Maplewood City Council with the recommendation of approval; 3. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 26th day of July, 1982 preceded by two - weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Planning Commission recommendation and staff reports. WHEREAS, upon vacation of the above described alley, public interest in the property will accrue to the following described abutting properties: Lots 1 -33, Block 4, Sabin Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that it is in the public interest to grant the above described vacation on the finding that the alley serves no public purpose. Be it further resolved, that the City Clerk be and hereby is directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 and shall cause the same to be presented to the County Auditor for entry in his transfer records and that the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker., 2. Street Vacation - Southlawn 7:15 P.M. A. Mayor Greavu convened the meeting for a public hearing regarding the request of Lavern and Barbara Oszman to vacate Southlawn Drive between Demont and English. The Clerk stated the hearing notice was in order and noted the dates publication. b. Manager Evans presented the staff report. c. Commissioner Dorothy Hejny presented the following Planning Commission recom- mendation: "Commissioner Kishel moved the Planning Commission recommend approval of the vacation of Southlawn Drive south of Edgehill Road, on the basis that it would be in the best public interest since: 1. The topography of the right -of -way is steep and, therefore, not conducive to street construction. 2. The subject right -of -way is not needed for any public utility. Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb." d. Mrs. Barbara Oszman, 1774 Edgehill Road, the applicant, spoke'on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. i — 5 — 7/26 h. Mayor Greavu introduced the followin resolution a nd moved its adoption: 82 -7 -93 WHEREAS, Lavern A. and Barbara J. Oszman have initiated these proceedings to vacate the public interest in the following described real property: All o lying f Southlawn Drive 1 in between the easterly extension of the north line of Lot 1 Block 5, Crestmoor Addition and the easterly extension of the south • line of Lot 6, Block 5,Crestmoor Addition. WHEREAS, p Y the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by Lavern A. and Barbara J. Oszman on the 28th day of May, 1982; 2. That a majority of the owners of property abutting said street have signed a petition for the above.- described vacation; 3. That said vacation has been referred to and reviewed by the Maplewood Planning Commission on the 19th day of May, 1982 and referred back to the.Maplewood City Council with the recommendation of approval; 4. That P ursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 26th day of July, 1982 preceded by two -weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Planning Commission recommendation and Staff reports. WHEREAS upon vacation of the above- described street, public interest in the property will accrue to the following described abutting properties: , Lots 1 through 6, Block 5 Crestmoor Addition and Lots 10 through 13, Block 1 Crestmoor Addition. NOW THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that it is in the P ublic interest to grant the above- described vacation on the following findings of fact: 1. T topography g The to o h of the right-of-way is steep and, therefore, is not conducive to street construction; 2. The subject right -of -way is not needed for any public utility. BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare a notice of completion of the proceedings pursuant to the provisions. of Minnesota Statutes, Section 412.851 and shall cause the same to be presented to the County Auditor for entry in his transfer records and that the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilmember Maida. Ayes - all. a G. AWARD OF BIDS 1. Bituminous Seal Coating a. Manager Evans presented the staff report. - 6 - 7/26 b. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 7 - 94 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Allied Blacktop Company in the amount of $27,301.60 is the lowest responsible bid for Bituminous Seal Coating, Project No. 82 -10, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. 2. Bituminous Overlay a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 -7 -95 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Northwest Asp halt, Inc. in the amount of $86,304.00 is the lowest responsible bid for the Bituminous Overlay, Project No. 82 -11, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - alle 3. Adolphus Street Sanitary Sewer a. Manager Evans presented the staff report. b. Mayor Greavu introduced the followin resolution and moved its adoption: 82 -7 -96 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Orfei and Sons , Incorporated orated in the amount of $206,025.69 is the lowest responsible bid for the construction of Adolphus Street Trunk Sanitary Sewer Replacement and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS None . - I. VISITOR PRESENTATION None. J. NEW BUSINESS 1. Revise Assessment Roll - Hazelwood and Dorland - 7 - 7/26 a Manager Evans stated the assessment for the above referenced project was adopted . g on March 4, 1982 which preceded the actual construction of the municipal improvements. During the course of the construction the number of sanitary sewer and water services were revised as requested by the property owners to meet future needs. All of the affected property owners confirmed the changes by signing statements acknowledging their request for added services and the additional assessment costs associated with the changes. A.list of the requested revisions is as follows: Assessment Changed Nn_ Parcel Items Amount 4 9 57 01200 060 57 Add 3 Water Services @ $416.59/ea. +$1,249.77 Add. 3 San.Services @ $419.81/ea. +$1 These service costs should be apportioned to the northerly portion of.the recent lot split. 52 57 01200 120 57 Add 1 Water Service @ $416.59/ea. +$ 416.59 This service cost should be apportioned to the northerly portion of the recent lot split. 47 57 -01200 010 57 Add 145FF San.Swr. @ $27.86/FF +$4 53 57 01200 020 58 Delete 3 Water Services @ $416.59 — $1,249.77 Delete 3 San. Services @ $419.81 — $1 55 5701300 090 28 Add 1 Water Service @ $416.59 +$ 416.59 57 57 01300 160 28 Add 1 San.Se.rvice @ $419.81 +$ 419.81 60 57 01300 200 28 Add 1 Water Service @ $416.59 +$ 416.59 We recommend that the City Council amend the assessment roll to incorporate the subject changes. b. Councilmember Bastian introduced the following resolution a nd moved its adoption: 82 -7 -97 BE IT RESOLVED by the Council of the City of . Maplewood, Ramsey County, Minnesota, as follows: WHEREAS P ursuant to the provisions of Minnesota Statutes, Section 429.061, d. 1 thereof, public Sub a P hearing was held on March 4, 1982 upon due published and mailed g notice affording all property owners who wish to be heard and who had presented written and /or oral objections to the proposed assessment roll; WHEREAS the ro osed P P a assessment roll was adopted March 4, 1982 thereby commencing the P eriod of time within which to appeal therefrom to run pursuant to provisions of Minnesota Statutes, Section 429.081; and WHEREAS the March 4 1982 meeting was adjourned to March 10, 1982 for the purpose of hearin g the objections of property owners who disputed the amount of the assessment and — 8 — 7/26 WHEREAS certain of the owners who were assessed for Project No. 78 -10 as above described and afforded an opportunity to be heard thereon, have entered into contrac- tu a reements with the City for ce a dd i tional water services and sanitary sewer services over and above those noted in the originalassessment ro NOW, THEREFORE, BE IT RESOLVED by the Clerk be, and hereby is, directed additional water services and sanitar, owners and to incorporate the same in of Ramsey, all of which are set forth herein by reference. Seconded by Mayor Greavu. 2. Special Exception - 2994 Winthrop the Council of the City of Maplewood that to amend the assessment roll to include those y sewer services contracted for by the affected the assessment roll to be sent to the County on Exhibit " A " attached hereto and incorporated Ayes - all. a. Manager Evans presented the staff report. .b. Commissioner Dorothy Hejny presented the following Planning Commission recommend- "Commissioner " ioner Pellish moved the Planning Commission recommend approval of a special exception permit to operate an archery supply business, as a home occupation, at 2994 Winthrop Drive, subject to: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report, except guideline #50 2. Approval is granted for one year, after which time the applicant may apply for I renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. A smoke detector sha11 be located on the main and basement levels of the dwelling. 4. A five -pound ABC fire extinguisher shall be wall - mounted and readily available to the workshop area. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb C. Mr. Ken Mihelich, 2994 Winthrop drive, the applicant, spoke on behalf of his request and stated he agrees to the conditions. d. Councilmember Anderson moved to approve the re uest of Mr. Ken Mihelich, 2994 Winthro Drive for a s eci 1'exce tion permit to operate an archery su ly business as a home occupation subject to the follo conditions: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report, except guideline #59 PP 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. A smoke detector shall be located on the main and basement levels of the dwelling. a 4. A five-pound ABC fire extinguisher shall be wall mounted and readily available p g to the workshop area. Seconded by Councilmember Bastian. Ayes - all. - 9 _ 7/26 3. E.A.W. - Pearson Estates -- - -- -- � - - - nag a -r - -van-s - - -- p -r e- sent -e-d - an- -env - r -on-ma nt-a 1-- - a s e - snen t - - - wo rocs h e -- - ( - EAW) f o r -- Pe a r s o n Estates. An EAW is required by the State for a mobile home park of over 100 units. The City must make a finding as to whether an environmental impact statement (EIS) should be required. It is recommended Council authorize staff to send the environ- mental assessment worksheet to the Environmental Quality Board for publication, with a negative declaration (no environmental impact statement). Findin g two on page eleven should be revised to state that this project does not have the potential for significant environmental effects. It is understood that the site plan will be revised to preserve the tamarack grove. c. Mr. Richard Pearson, 1959 White Bear Avenue, the developer, explained his position. d. Mr. Tom Dunwall, Buetow and Associates, architects representing the developer, also spoke. \ e. Councilmember Anderson moved to revise the statement to state that this project does not have the potential for significant environmental effects; revise the site to reserve the tamarack rove; authorize staff to send the environmental assessment worksheet to the Environmental Quality Board for publication with a negative declar- ation (no environmental impact statement). Seconded by Councilmember Bastian. Ayes - all. 4. Ordinance Amendment - Billboards a. Tabled until after J -7. 5. Council /H.R.A. Joint Meetings a. Manager Evans stated the Maplewood Housing and Redevelopment Authority has re- quested a joint meeting with the Council to discuss whether to proceed with the HRA's proposed senior citizen /first time home buyer housing program. b. Councilmember Bastian moved to establish the 'oint meeting with the Council and the HRA to be held August 5, 1982 after the Council /staff "work shop" session.. The "work shop session" toxin at 4:00 P.M. Seconded by Councilmember Anderson. Ayes - all. 6. Sewer Fund Transfer a.. Manager Evans presented the staff report and stated recent television camera inspection of a portion of the City's sewage collection system has identified and isolated an area of heavy ground water infiltration. A budget transfer is needed to pay the costs of treating the problem. b. Mayor Greavu moved to transfer $51,000 from the Sewer Contingency Fund together with over the 1982 budget by $39,000 to pay the costs of.treating the ground water infiltration in the area south of Minnehaha from Ferndale to McKnight Road as recommended in the staff report. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. 7. Pipeline Ordinance - 10 - 7/26 ' a. City Attorney Patrick Kelly explained the proposed pipeline ordinance. b. Mayor Greavu moved to refer the ordinance back to staff for further investigation of the following type of pipe to be used enforcement section penalty for late payment of license. Seconded by Councilmember Bastian. Ayes - all. 4. Ordinance Amendment - Billboard Ordinance a. Manager Evans presented staff report. b. Board Member Robert Folley presented the following Community Design Review Board recommendation: "Board Member Hedlund moved that for strictly aesthetic reasons and the functions of the Community Design Review Board, they would recommend alternative number one. However, being realistic in the political world the Board would recommend the City Council adopt Alternative Number Two as outlined in the staff report dated July 6, 1982, Board Member Folley seconded. Ayes - all." c. The following persons expressed their opinions regarding the proposed billboard ordinances: Mr. Ted Dezurik, 2141 E. Kenwood Drive (believes billboard signs are necessary) Ms. Dorothy Hejny, 1774 McKnight Road (questioned if Chamber of Commerce had a chance to review the proposal) Mrs. Millie Haugan, 1760 Onacrest Curve (does not believe billboards are necessary) Mr. Robert Folley, 421 Eldridge (believes billboards should be controlled) Mr. Rockie Rockhold, owner of property at T.H. 36 and English (has contracted for a sign, but the moratorium is still in effect) Ms. Nancy Jorgenson, representing Naegele Sign Co., expressed their views on the necessity of billboards. d. Councilmember Maida moved to a prove the billboard ordinance alternate II with amendments. Seconded by Councilmember Anderson. The motion and second were withdrawn. e. Councilmember Maida moved to extend the moratorium on construction of billboard si_g,ns_for an additional two (2) months. Seconded by Councilmember Bastian. Ayes - all. K. COUNCIL PRESENTATIONS 1. Voting Procedures - Council a. Councilmember Maida requested that the number of votes required for passage of - 11 - 7/26 agenda items be included on the agenda. 2 25th Anniversary a. Councilmember Anderson questioned when the race was going to be held. b. Councilmember Bastian stated it was to be held October 16, 1982. c. It was suggested all Council and staff participate and cooperate to make this 25th Anniversary memorable. 3. Liquor Industry a. Councilmember Anderson requested a letter be sent to the legislators asking the liquor industry to donate to organizations or persons who help people with alcoholic problems. 4. Valley Branch - Correspondence a. Councilmember Bastian stated he had, received correspondence from the Valley Branch Water Shed District indicating they had adopted a policy whereby only 1% water run -off will be allowed for new developments. Do other water shed districts have this requirement? b. Staff will investigate. 5. Council Procedures - Amendment a. Councilmember Bastian requested an amendment to the Council. Rules of Procedures changing I - Visitor Presentations be placed after Council Presentations, to be placed on the next agenda. 6. Surplus Property a. Councilmember Bastian stated the State was contemplating closing the States Surplus Property Center and requested the City send a letter stating that Maplewood was still interested in the program. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:45 P.M. City Clerk 12 — 7/26 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, July 29, 1982 Council Chambers, Municipal Buiding Meeting No. 82 -19 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: -02 P.M. by Mayor Greavu, B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. ASSESSMENT HEARINGS 1. Improvement 81 -6 - Diseased Trees a. Mayor Greavu convened the meeting for a public hearing regarding adoption of the assessment roll for Diseased Trees Improvement 81 -6. The Clerk stated the hearing notice was found to be in order. b. City Attorney John Bannigan explained the procedures of the assessment hearing. c. Manager Evans presented the staff report including the specifics of the assessment and how the rates were figured. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Harley Davidson, 1368 Ripley Mrs. Harley Davidson, 1368 Ripley Mrs. Mary Barda, 4547 Birch Bend Lane, White Bear Lake Mrs. E. Williams, 1765 No. Howard Street f. Mayor Greavu stated forms are available for anyone who wishes to appeal the assessments. g. Mayor Greavu closed the public hearing. h._ Mayor Greavu introduced the following resolution and moved its adoption: 82 -7 -98 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon objections to the prop assessment Diseased Tree Removal 81 -6 as described in the files of the City Clerk as Project No. 81 -6 and has amended such proposed assessment as it deems just; — 1 — 7/29 0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against.the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment for Diseased Tree Removal shall be payable in equal annual installments extending over a period of 5 years,. the first of the installments to be payable on or after the first Monday in January, 1983, and shall bear interest at the rate of Thirteen (13) percent per annum from July 29, 1982. To the first installment shall be added interest on the entire assessment from July 29, 1982 until December 31, 1982. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to, be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 40. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improve — ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes — all. 2. Improvement 79 -4 — English Street, South of County Road C — 7:15 P.M. a. mayor Greavu convened the meeting for a public hearing regarding the adoption of the assessment roll for English Street Improvement 79 -4. The Clerk stated the hearing notice was in order and noted the date.of publication. b. City Attorney John Bannigan explained the procedures of the assessment hearing. g c:- Manager Evans presented the staff report including the specifics of the assess— ment roll and how the rates were computed. The rates are as follows: Sanitary Sewer Main Sanitary Sewer Service Water Main Water Service Street Curb and Gutter Storm Sewer 21.20 per 576.04 per 16.66 per 1,043.43 per 45.33 per .040 pe: — 2 — front foot unit. front foot unit front foot r square foot 7/2-9 It is rec.cnmmended the assessment roll be adopted. d. Mayor Greavu called for proponents. None were heard. -e. Mayor Greavu called for opponents. The followin g were heard: Mr. John Mattson, 1230 E. County Road C Mr. Don Moe, representing Lakeview Lutheran Church f. Mayor Greavu stated forms are available for anyone wishing to m y g appeal the assess— ents. g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the follo : win resolution and moved its ad9ption 82 — 7 — 99 WHEREAS, pursuant to proper notice duly given as required b law, the C' on all objections y � City Council has met and heard and passed upon � s to the proposed assessment for English Street Improvements south of County Road C as described in the files of the City Clerk as Project No. 79 -4, and has amended such ro osed it deems just;. P P assessment as NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPL EWOOD, MINNESOTA: I. Such proposed assessment, as amended a co • copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the ro osed improvement P P p ent in the amount of the assessment levied against it. 2. Such assessment for storm sewer and water er mains shall be payable in equal installments extending over a period of 19 years. The first of the install— stall ments to be payable on or after the first Monday in January, 1983 and shall bear interest at the rate of thirteen (13) percent er annum from J 1982. To the f irst installment P my 29, shall be added interest on the entire assess— ment from July 29, 1982 until December 31, 1982. To each subsequent installment stallment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement aid f funds by levying additional Iona 1 P P or from municipal f y g assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting upon an P g on the improvement but not made p y properties abutting on the improve— ment but not herein assessed for the improvement when changed condition to such g s relating properties make such assessment feasible. 4. To the extent that this improvement benefits nonabuttin r • g 'properties which may be served by the improvement when one or more later extensions or v — imp ro e ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council as authorized � .zed by Minnesota Statutes Section 420.051, to reimburse the City by adding the cost so paid to the assessment any portion on of s levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this P as to the County Auditor to be extended on the property tax list of the Count - 3 - 7/29 and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its ado tion; 82 - 7 - 100 WHEREAS, pursuant to proper notice duly given as required b law e t on all objections y ' the Cit Council has met and heard and passed upon ons to the proposed assessment for English Street Improvemnts south of County Road C as described in the files of the City Clerk as Project No. 79 -4, and has amended such proposed assessment as it just; deems a NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWO • OD, MINNESOTA. I. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the ' special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Assessment for street, curb and gutter shall be payable in equal annual installments extending ver a period of 9 q g p years. The first of the installments to be payable on or after the first Monday in January, 1983 and shall bear interest at the rate of thirteen (13) Percent er annum from July my 29, 1982. To the first installment shall be added interest on the entire assessment from July 29, 1982 until December 31, 1982. To each subsequent installment when due shall be added interest for one e y ar on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself . in the future for the portion of the cost of this improvement aid for f P p from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made on any r p y p operties abutting on the improvement but not made, upon any properties abutting n the imp rove- ment but not herein assessed for the imp g p ment when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutti • ng properties which may be served by the improvement when one or more later extensions or improve- ments are made, but which are not herein assessed therefore, ore it i s hereby declared to be the intention of the Council, as authorized b Minnesota Statutes Section 420.051, to reimburse t y �, e City by adding any portion of the cost so paid to the assessments levied for any of such later extension or 5. The Clerk shall forthwith transmit a certified duplicate of this assessment ' ssment to the County Auditor to be extended on the property tax list of the Count and such assessments_ shall be collected and paid over in the same manner y � as other municipal taxes. Seconded by Councilmember Anderson. Ayes - all. 3. Improvement 78 -20 Brookview Drive Storm Sewer - 7:30 P.M. — 4 — 7/29 as Mayor Greavu convened the meeting or a _ g public hearing regarding the adoption of the assessment roll for B Drive Storm Sewer Improvement r P p ovement 78— 20, The Clerk stated the hearing notice was in order and noted the dates of publication b. City Attorney John Hannigan explained P the procedures of the assessment hearing. C* Manager Evans presented the staff report including P cluding the specifics of the assessment computed. The rates are as follows: nt roll and how the rates are Storm Sewer .044 • $ residential •088 commercial d. Mayor Greavu called for pro onents. None one were heard. e. Mayor Greavu called for opponents. PP s. The following were heard: Mr, Bill Schneelman, 2633 Bro • okview Drive. f• Mayor Greavu stated forms w - were available for anyone wishing to appeal the ments, assess g• Mayor Greavu closed the public hearing h. Councilmember Anderson introduced the following resolution and moved its adopt L i on: 82 — 7 — 101 WHEREAS, pursuant to proper notice duly has met and heard and. assed u on y as required by law, the City Council P P all objections to the proposed assessment e Storm Sewer as described in the files of for 8 rookview Drive the City Clerk as Project No. 78 -20, and has amended such proposed assessment as it deems just: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWQOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted y P and shall constitute the special assessment against the lands named therein and each included is hereby found to be benefit tract of land therein benefited by the proposed improvement in the amount of the assessment levied against it, 2. Such assessment for 8rookview Drive Storm Sewer shall be payable in e ual annual installments extending over a period q installments to be payable P of 19 years, the first of the p y e on or after the first Monday in Januar 198 and shall bear interest at the rate of Thirteen ' 3 ' July 29, 1982. To the f' teen (13) percent perannum from first installment shall be added interest on the entire assessment from 29, 1982 until December 31, 1982, To each sub— .. sequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to -be the intention ention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assess as provided for the assessments h ments on notice and hearing erein made, upon any properties abuttin on the improvement but not herein assessed g for the improvement, when Chan ed conditions relating to such properties make e such assessment feasible. 49 To the extent that this improvement • P benefits nonabutting properties which may be served by the improvement when one or more later extensions `or im- 5 — 7/29 provements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minn - - esota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for an of e y such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended-on the property tax lists of the Count and such assessments shall be collected and paid over in the same manner Y� as other municipal taxes. Seconded by Mayor Greavu. Ayes - all. 4. Improvement 78 -24 Beam Avenue - West of Maplewood Drive a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the assessment roll for Beam Avenue Sanitary Sewer Improvement 78 - 24. The Clerk stated the hearing notice was in order and noted the dates of P ublication, b. City Attorney John Bannigan explained the procedures of the assessment hearing, c. Manager Evans presented the staff report including the specifics of the assessment and how the rates were computed. The rates are as follows: Sanitary Sewer Main $ 56.96 per front foot Sanitary Sewer Service 476.45 per unit. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Frank Macaulas, Beam and Highway 61 John Guertin, Attorney representing Harvey Zuercher Mr. Arthur Mahnke, 1210 Beam Mr. Jeff Blomquist, 1174 Beam Mr. Doyle Biggs, Gulden's Supper Club Mr. Dennis Zahn, 1166 Beam Avenue Mr. Patrick Kune, 1190 Beam Avenue Mr. Michael Ray, 1200 Beam Avenue f. Mayor Greavu stated forms are available for anyone wishing o appeal the assess- ments. g PP s g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 7 - 102 WHEREAS, pursuant to proper notice duly given as required by Yaw, the City ouncil has met and heard and passed upon all objections to the proposed Y J p posed assessment for Beam Avenue Improvements as described in the files of the City Clerk as Project No. 78 -24, and has amended such proposed j p posed assessment as it deems just: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA• - 6 - 7/29 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment for Beam Avenue Improvements shall be payable in equal annual installments extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January, 1983, and shall bear interest at the rate of Thirteen (13) percent er annum from Jul 29 P y 1982. To the first installment shall be added interest on the entire assessment from July 29, 1982 until December 31, 1982. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the. Council to reimburse itself in the future for the portion of the cost of this improvement P aid for from municipal funds by levying additional assessments, on notice and hearin g as provided for the assessments herein made, upon any properties abuttin g on the improvement but not* made, upon any properties abutting on -the improvement but not herein assessed for the improvement, when changed conditions relatin g to such properties make such assessment feasible, 40 To the extent that this improvement benefits nonabutting properties which may Y be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so p aid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of ' p this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmember Anderson Juker and Maida Nays — Councilmember Bastian. 5. Improvement 78 -9 East Shore Drive Watermain 8:00 P.M. a. Mayor Greavu convened the meeting for 'a public hearing regarding the adoption of the assessment roll for the East Shore Drive Improvement P p ment 78 -9. The Clerk stated the hearing notice was in order and noted the dates of publication. b. City Attorney John Bannigan explained the procedures of the assessment hearing. g Co. Manager EVans presented the staff report including the specifics of the assessment roll and how the rates were computed. The rates are as follows: Watermain Water Service Street Curb and Gutter Storm Sewer $20.76 per front foot 725.11 per unit 5.53 per front foot 0.051 per square foot It is recommended the assessment roll be adopted, — 7 — 7/29 d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The followin g were heard: Mr. J. Heckard, Tax Agent for Burlington Northern requested c • � q clarification ion of the assessment. f• Mayor Greavu stated forms are available for anyone wish' ' appeal. Y wishing to file an assessment g. Mayor Greavu closed the public hearing. h. Councilmember Anderson n introduced the, followi r esoluti o n • - _� ion. and moved its adoption: 82 - 7 - 103 i .WHEREAS, pursuant to proper notice duly given as ' y g required by law, the City Council has met and heard and passed upon all objections to the r r p oposed assessment ,for Frost Avenue —East Shore Drive Improvements ovements as described in the files of the City Clerk as Project No. 78 -9, and has amended such • just: proposed assessment as it deems NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00 D, MINNESOTA: I. Such proposed assessment, as amended a co • copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute e the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the ro osed improvement the of the assessment levied against itP P P ovement in , 2. Such assessment for storm sewer and water mains shall • be paya in equal installments extending over a period of 19 years. The first of the installments to be payable on or after the first Monday in January, 1983 and shall bear interest at the rate of thirteen (13) percent er annum from July P 29, 1982. To the first installment shall be added interest on the entire assessment from July 29, 1982 until December 31, 1982. To each subsequent Q ent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Co • Council to reimburse itself in the future for the portion of the cost of this ro im vement funds by levying addition P Paid for from municipal f Y g al assessments, on notice and hearing as provided for the assessments herein made, upon an properties • P Y P P ties abutting on the improvement but not made upon any properties abutting on the improve— ment but not herein assessed for the improvement when changed conditions to such p g onditions relating properties make such assessment feasible. 4. To the extent that this improvement benefits nonabu • tong properties which may be served by the improvement when one or more later extensions ments are made, but which. are not herein assessed ons or improve therefore, it is hereby declared to be the intention of th e-Council, as authorized Statutes Section 420.051 t by Minnesota o reimburse the City by adding any portion of the cost so paid to the assessments levied for an of such • Y later extension or improvements. S. The Clerk shall forthwith transmit a certified duplica p to of this assessment to the County Auditor to be extended on the property tax list and such assessments shall be Coll P y of the County, collected and paid over in the same manner as other municipal taxes. - 8 - 7/29 .S Seconded by Mayor Greavu. Ayes - all. i. Councilmember Anderson introduced the following resolution and mov its adoption 82 - 7 - 104 WHEREAS, pursuant to proper notice duly given as required by law, the ' on all objections y � e City Council has met and heard and passed upon � ons to the proposed assessment for Frost Avenue -East Shore Drive Improvements as described in the file o • s f the City Clerk as Project No. 78 -9, and has amended such ro osed assessment ' just: P P as it deems NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attac hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the ro osed improvement P P p ement in the amount of the assessment levied against it. 2. Assessment for street, curb and utter shall b • g e payable in equal annual installments extending over a period of 9 years. The first of the installments to be payable on or after the first Monday in January, 1983 and shall 13 y bear interest at the rate of thirteen ( ) percent per annum from July 29, 1982. To the first installment shall be added interest on the entire assessment from July 29, 1982 until December 31, 1982. To each subsequent installment stallment when due shall be added interest for one' year on all unpaid installments. 3. It is hereby declared to be the intention of t • he Council to reimburse itself in the future for the portion of the cost of this improvement aid for in additional P P a from municipal funds by levying g a assessments, on notice and hearing as provided for the assessments herein made, upon any properties abuttin on the improvement but not made, upon any properties abutting on the improve- P P prove- ment but not herein assessed for the improvement when changed condition to such g s relating properties make such assessment feasible. 40 To the extent that this improvement benefits nonabuttin r • g p roperties which may be served by the improvement when one or more later extensions or - improve ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council , as authoriz ed by Minnesota Statutes Section 420.051, to reimburse the City by adding portion the cost so paid to the assessments 1 g an y P on of levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of A this assessment to the County Auditor to be extended on the property tax list of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Greavu. Ayes - all. 6. Improvement 80 -14 Keller Parkway Sanitary Sewer 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing in the of the assessment roll for Keller Parkway re ar g g adoption y Sanitary Sewer Improvement 80 - 14. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. - 9 - 7/29 b. City Attorney John Bannigan explained the procedures of the assessment nt hearing. c. Manager Evans presented the staff report including he specifics g p s of the assess— ment and how the rates were computed. The rates are as follows: Sanitary Sewer Main Sanitary Sewer Service $43.05 per f ront foot 459.42 per unit. It is recommended the assessment roll be adopted. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the . ublic hearing. g g. Councilmember Anderson introduced the following resolution and moved its ad9rtion: 82 — 7 — 105 WHEREAS, pursuant to proper notice duly given as required b law, e t on all objections y ' the Cit Council has met and heard and passed upon � s to the proposed assessment for Keller Parkway Sanitary Sewer as described in the files of the City Clerk ' No. — 14, and has amended such proposed 3' k as Project 80 p posed assessment as it deems just: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA: 1. Such proposed assessment, as amended a co of which ' � copy ch is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement P p in the amount of the assessment levied against it. 2. Such assessment for Keller Parkway Sanitary Sewer shall be a abl p y e in equal annual installments extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January 1983 and shall bear interest at the rate of Thirteen (13) a ( ) percent per annum from July 29, 1982. To the first installment shall be added interest on the entire assessment from July 29, 1982 until December 31 1982. To each sub— sequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention. of the Council to reimburse itself in the future for the portion of the cost of this improvement aid for from additional assess P om municipal funds by levying assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon an properties abutting y P P tong on the improve— ment but not herein assessed for the improvement, when changed conditions re l.at ing to such prop-erties make such asse ssment feasible-, g 4. To the extent that this improvement benefits nonabuttin properties ' g p p ties which may be served by the improvement when one or more later extensions or improve— mprove ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council , as authorize d by Minnesota Statutes Section 420.051, to reimburse the City by adding portion of for any of such the cost so paid to the assessments levied g an y P later extension or improvements. J _ 5. Tne Clerk shall forthwith transmit a certified duplicate of this ' P s assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Bastian. Ayes - all. 7. Improvement 79 -15, Southlawn Drive (South of Beam Avenue) 8:30 P.M. a. Mayor Greavu convened the meeting for a public hearing in the of the assessment roll for Southlawn Drive g re ar g g adoption Improvement No. 79 -15. The Clerk stated the hearing notice was found to be in order and noted the dates of ub ' p lication. b. City Attorney John Bannigan explained the rocedure p s of the assessment hearing. c. Manager Evans presented the staff report including the specifics of computed. T P the assess- ment and how the rates were com p he rates are as follows: Street curb and gutter $8.26 per front foot It is recommended the assessment roll be adopted. d. Mayor Greavu called for proponents* None were e heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved • its s a doD t i on 82 - 7 - 106 WHEREAS, pursuant to proper notice duly given as required Y g q ed by law, the City Council has met and heard and passed upon all objections to the ro osed Southlawn- Radatz Improvements as described in the files P P assessment for of the City Clerk as Project No.,79 -15, and has amended such proposed assessment as it deems just: st• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA: I. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed im rovem` P p ent in the amount of the assessment levied against it. 2. Such assessment for Southlawn- Radatz Improvements • P s shall be payable in equal annual installments extending over a period of 9 years the first f on or aft ' o the installments to be payable er the first Monday in January, 1983, and shall bear interest at the rate of Thirteen (13) percent an ercent July 29, 1982. To the first installment _ p annum from ent shall be added interest on the entire assessment from July 29, 1982 until December 31,1982. To each installment when due shall be added interest subsequent Brest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the • Council to reimburse itself in the future for the portion of the cost of this improvement aid for from om - 11 - 7/29 1 municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon an ro ernes abutting P y P P tong on the improvement but not made, upon any properties abutting on the improve— ment but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which - may be served by the improvement when one or more later extensions or improve— ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Greavu. Ayes — all. Councilmember Anderson moved to refer the assessment appeals to staff to report back to Council at 7:00 P.M. Auust 19, 19820 Seconded by Mayor Greavu. Ayes — all. D. ADJOURNMENT 8:52 P.M. City Clerk — 12 — 7/29 z CIT OF M A C C 0 U N T S P A Y A 8 L E DATE •08 -09 -82 PAGE CHEC K* A h O U N T C L A 1 N A N T P - U R P 0 S E 088 70 S. 2 01.1; 25. ..;'MINK STAT tREA ER MV LICEN FEES PA VA .000705 1 3.00 MINN STATE TREASURER STATE 0/L FEES PAYASL 0 00707- , 9380 79 N � STAT: T REASU RER - PERA . co NT BUTS oNS .. 0 00 70 3 f 974# 5 MN STATE:. TREASU -PERA P. E. R. A o OED PA YABLE AND CON�'�IBUT�ONS ��; 000709 89402.50 MN STATE TREA -PERA P. E. R.A. OED PAYA 0 00716 10000 _ :. :. NO NTRI - � a ...-. A 3UT N S E 0 0071. Q 06� OQ A NS C CLARK OF D IST CNTY 3lL F P 000711 2 387 70 MI NN STATE TREASURER MV LICENSE FEES PAYA B AND- D�FE'Rka COMPIENSA 0 0 07 20 16,0679051 MAPLEWOOD STATE BANK FED INCOM TAX PAYABL NI NN STATE T R EASURER :ST O1L FEE PAYASL 0007i38.00 0 00 721 U NIT ED AY..S'AL: AREA UNITED FUND DED PAYAB 000714 262.00 Mil�N SPATE TREASURER DNR LICENSE FEES PBL 0 715 14.00 NI N STAFF TREASURER ONR LICENSE FEES P9L 0 00716 10000 H 'EN NEP1N CTY BAR ASSN TRA } TRAINING 000717 1, 333. 50 HI NN STATE TREASURER MV LICE NSE FEES PAYA B 000718 . 145000 . RO SE MARY MANE STATE. FEIES PAYASL 209. 00 MIEN STATE TREASURER - 00 0719 264. IC NA RETIRE Wo NT: CORP DEFERRED COMP PAYABLE AND- D�FE'Rka COMPIENSA 0 0 07 20 16,0679051 MAPLEWOOD STATE BANK FED INCOM TAX PAYABL 0 00 721 7, 785.54 STATE OF NN STATE INCOME TAX PA YA D 00722 NN STATE RETIRENENT SYST OEFE COMP - PAYAB 200.00 000723 297.43 AFSCME LOCAL 2725 U NION ODES PAYABLE A SHARE FEES P 0 00724 24.*00 METRO SUPERVISCRY ASSOC UNION OVES PAYABL 000725. - 2770 00 MN MUTUA;. LIFE INS CO 0EFERRE0 COMP PAYABLE 000726 L0 CITY CTY CREDIT UNION CREDIT UNION OED PAYA __ 000 727 . 145000 . RO SE MARY MANE -WA GE DEDU PA Y A B CIS' Y OF MAPS, EWOOU A C � - � O U N T 5 P A Y A F L E D� .= ,� �. 0 8"08 -82 PAGI CH ECK AMGU N i a M a i _ p 0 S E 0 0072 8 2T9.70 � MN BENEW ASSOC _ M S A I PA YA Be t _ . DO ' �fOID CH�� K VO I 0 E0 CHECKS , 44b. 75 . � I NN S T M T �TR �EA �SU �RE R� _ _. -__ V LIC FEjS PA _ 000731 220 00 MINN STATE ` T E TREASURE STATE ., � D.IL • F 0 0 0 *73 2 '� 49216* 4 0 M A ��, � -, LEAF OFFICIALS ASSN P A YA -- ----- - - - - -. _---- -_ - -_ - F�.E S P T S + �E��V�C` 2 V. P # Um ire Service S►UPPLI�ES� .._'F�OGA�{ -_ 0 9 :25b.50 �f���'� W C ASTE CONTROL COMM -- - -- ����.._ PAPA B._ 0 A 895. 65 MI tvN -- STATE TR�A Sim SUP%TAX - SUR CRA- G_.. - -,AI D Ofl 736 236* 3a - MI NN STAT �' low t TA SU:R. S TATE O /L FEES 000737 2 9 Obb. 00 Mi t,N STATE -� -- �. � � � � A S U �, i.R PA YA BL - M V �r.1 �'J � C SE FEE'S PAYA( le ENS� F8 A A 0 0 0 73 g - -- _ _ .MI S T __ _ ST 0ZL FEES PA YA 000740 -. - 76.00 RA MSEY CO � �' � �. L�� K C F D I S �' . _ . . C N T Y D/ L F _='S PA YA 3L 00 l 00 N — AN KA �`� TO FIRS, D PT CONF _.. __.. - - - - --_ T� AV 000742 2 0. 0 - _ - #INN. STATE TREAS _ S TATE D/L FEES PAYABL 00 743 3, 041.95 MINN STATE T tA SO' UR � � .� _ MV Ll"CENSE FP PAPA ; 00 2i. POSTMAST_R -- -- _ _ {• t� _ A �SCEL., QNi V US 000745 f9a5. NN STAT T xASU Po stage Reimbursement LICENSE FEES PAYABt -- - 0007 - 305. Ofl MI NN STA - . - �� Tf�lASURER -- ....._.. STATE ,� 0/L FE_S PAYASL_ 014�'� - - 00 1 UE G K -- - VQIOEO E CHECKS 000748 _. _.... _. _ _ _ __... b - -__ _ P A UL I N E S T A Pi6L E S _ SU . PL I ES ! PROGRAM - - - - - -. ._ 57.00 G HEALTH ,PL,AN INC R �= E FUND o fro 750 . - 330. 78 _ ACE HAROWA .. � - M � LATE WMiC 8 - k A -- _ L S ANO- SUPPLI ES E QUL PM N I 5.30 UN�.TO — AkAtt L S ERViC - .� -- - - - F t �� SE -R V iC_ - - -- -__ Returned Goods a CITY OF MAP E W00v A C 0 U N T S P A Y A B i. E DATE 08- 09 -m82 Q G .A CHECK A M 0 U N T C L A N A N T P U R P 0 S 294* 00 N I NN STAT' 000 752 6,970.88 SOLIDIFICATION INC FEES S E RVICE RVICE 000753 .. 233. 00 ,� Ml NN S TREASURER _ Televising Sewer S s y ST O/L FEES A A P 9k 0 00754 V LIC Ngf.. � - F_P_Y e 2 too mINN STATE. TREASURE _ 0 00 755 LZ. 62 UNITED PARCEL Sr.RVICE FEES - SE RV SCE s 000756 32.00 BRENDA K. SWANSON _ _ Returned Goods A/R - PARAMEDIC 000 757 4,40 E. 25 NI NN STATE TREASURER MV Llj ;ENSE PEES _ PAYAf 00 294* 00 N I NN STAT' TREASURER STATE Y a L P AYAB I t 54 99, 069. 18 NECESSARY EXPENCI SINCE LAST COUNCIL MEETI CITY OF MAPLE P e CHEC WOOD A M 0 U N T A C C 0 U N •T S P A Y A 8 E C A 1 M A N T 08-v99 OATE PAG;- �. P U R P 0 S 013822 -- _ -- 107.50 ACCENT PRO MOTI CNS SUPPLIES JANI TORIAL AND_ SU LI E' S, PRO GRA !i 013 8 23 ' 51.24 ACS _, , . 0 '�1NN_SOTA ` NC SUPPLIES, O FFICE { 013 824 ' 28.95 AFU t .� S�VIC E . . REP* + NAINT. s VE HIC! k� 49.83 AID SO tQtJ HINT CO - P SUMP - HIG - LIB$, 'V�i� 1 13 _ 0 326 160. 00 AM;'. INS ASSOC SUPPLIE P ROGRAM #313827 921.74 ARNALS AUTO SERVICE RE �• # MAI NT* f VgHI CI F; 013828 r 3 34 . U'fl T C RAFT P - E N _ _ T 9 -9 _ - SUPQLS, OFFICE _ 013 9 2 5.00 _ ART S T u W; N G R z P• } MA i N T.1 V E H I C I 013830 82.30 30ARO OF WATER COMM ,. MA I NTE NANO" M UERIAL: .� 013831 3. 90 -�� ._.._ .�1CK SOWMA �� - A l M� - - - L TAINIwG 0 1333 2 24 .90 .� BROWN PHOTO su i1a oFFIv _ _LI.s, _ AND F EE S, S I a 013333 _.... . _ 1 3.2 0 WIL CASS Film processin � g• T RAVEL EL T . - 14AINI NG J' 013 334 " 1,163. 00 CHAN A� = DINNER � H �S�N DIhNcR TN�.A F SERVICE x#13 33'5 2,429.35 C IN CL S .ECT IC — L C a -kST Gal G etawa y * - ___ - INT., £QUIP 013836 r 69 5. 4 8 CO PY SUP LIES, OFFICE AND AM 1IPMENTs OFFIC —C __ fl13 - - -- 20694 �,UMMINS OIESEL SAI ES �- REP • P V�HICL 01333-3 97030 DE NNIS S C USI CK UNIFORMS CLOTHING 013 8 3 9 0 8 0 � I S � A � � H- �• � 0 ��i .. -- - __. _ ������� sv �oNs� 013840 20. DO DAVID E " O� O N U NIFORMS # CLOTHING _ 013841 19395.50 EK Sim AD PAR0EE18EWE% � .�L I NC � I H SU RA NC �. 013 1, 331. lea FA 3RA GKAPH ^ IBS - -- -- SUP- LIES, PRO-GIAM -_ - 013 6.00 O ANIEL F FAUST - �- T c AV - L + TRAINING 02384.4 322.72 GOODYEAK SE' VI E R C S �. SUPPLIESt VEHI 013645 E- GRa G E ---- -- - -- - - FE5S, ScRY� Temp. Inspector 3.3_ 5 91 a L38 ` . N T L C 0 NF Q 1 L 0 G O F I CI B OOK S E a CITY OF MAPLEWOOG 154.00 A C C 0 U N T S P A Y A 13 L E DATE 08 - 0q- 82 PAGE 013853 L A I M A N T P U R P Si _ 8 . 91 K -M S PP LI S, P�:OGRAH ti 013846 -_ - --- - --- - - -- - --- 12.36 JANc' RE G .. N �- S U P P L I t S t OFFIC t 2, 956.30 LASS SANNFGAN + KELLY AND — POSTAGE r ANC -SUPFL IES, PROGRA 013847 ?. ' G gERS HAROWARE HANK SUPPLIES . C . 38� 1i. io MEL J GUS TRA VE L + TRAINING 013849 91.3'5 NAMON GLASS REP. w HAINT. VEHI C 23 ^ 50 38.0 I N'. SUS MA CORP M j# PLI S FF I C _- 3.3_ 5 91 a L38 ` . N T L C 0 NF Q 1 L 0 G O F I CI B OOK S 013852 154.00 J + J TROPHYS * SPORTS SUPS -LIES, P RO Gl AM 013853 DOLL YS SUPPLItS., _PROGRAM 013854 .._.x` _ 8 . 91 K -M S PP LI S, P�:OGRAH 013855 17 l* 21 KNOX LUM3t"R COMPANY MA INTLNANCL MAT"''A t 013856 2, 956.30 LASS SANNFGAN + KELLY PEES9SC AN#3 -LEGAL #-/ FiSCAt May Services _ 00857 2 911 .50 LA i T S 3A NN I G A N K EL'L Y! F L ES 9 SERVIL = AN0 -LEGAL t Fi S CAS ' June S_ e rw i c e s 013853 .32. 50 RICHARD J LANG SUPPLIES PROGRAM. --- �� 0 13 85 9 30 .00TE {.N J LUKIN SEVIC EMT Instructor - 013860 37, 0cs NE' I T GHE VROL,ET CO SUPPLIES, VEHICLE _ - -- 013861 - - 41000 M 9 ETRO AREA MGT AS JC . SU8SCR IPTI WS NE l3ER: 013862 - M W CONTRO C OMM V E WA GE T iATM a 13 6 3 32.50 UANI tL ME TT LE K SU P FL.I ES, PROGRAM 013864 196000 MIDWAY FORD CC REP. t MAINTa s KADIO -- 013865 .9. ' MINNESOTA FABRI SUPPLIXES PROGRAM - 013866 - 1,291.00 MOHRLANO ELECTRIC REP. ♦ PAINT., E.QUIPf .013867 34.80 HUNK. FINANCE € FFAICERS. - 033868 27 .97 N ASCO SUPPLIE O FFI C E SUPPLIE O C CITY OF MAPL -WOOD C C O U N T S P Y A A B !. E ;DATE 08 -D9- 82 pAGc CH ,:.CK A' ! 0 U N T C A i ! A N T P U R P 0 S I I- low 013869 20.80 NA TI CNA' L BUSI SY S TEH FEES* SER 013 8T 0 34. 95 CA-11.0L NEL S �?N Microfiche rocessin P j UN IF o MS CL 16* 60 NORTH ST .CAUL WELDING T. - - SO��LIES� V�HI 80872 8*85 R N NO T H STATES STATESONE CO UTI 013 8T 3 24 8 . Zb N 0 rS,T H � R �- � N STA T�.S �'OW�R CO _._.._ UT MITI ES 01387 ...� t , 3 53 Ift o"4 0 r H E N STAT co UTI .ITIm _ ___.._.. 0 87 5 ' 62 6.74 �- NO RT H WESTER N ST ESN SILL TEL CO TP LEFHONE 013876 9 6 0. 7; O R T H! S T =' ,.RCN H ELL TEL 00 _ TELEwFH0N�, br NOR, � � N �- � T == - - �.-- _ __`__.______ _�,._ _ _ 1 � 2 � 4 ._ N 0� T H NES T . i T EL _ ERN 3 ELI _ T Ca .� ,� T ` L� P H ON " . " 01367 9 X83. b9 Nps_ T NNE ..� � BELL ,�T _RN �.�. TES CO TEL =FHO'V� a is 88 a U`..SN _. tR Q V ' RAI NI NG 0 881 - - - 3 T. 79 P A KK MA I N .0 . SU PPLIES, . VE ICL 013882 11.10 JOSE PRETT NE.R � _ T -:A V . �� t ITmA�N 1NG - - - - -- - - 913883 - - - - -- - -- 4 a .0 9 11 AS. I - - - SSO P A - - ___ - -- - -.--- --- _SV t 0138 4 38 , 00 �AHSE� COUNT CHIEF O F - _--- _ — Phys ical TRAVEL � . ' .TRAINING 013885 5. 00N MS E CO CLK F �? GIST - FEES, SrERV1.0 E 01388 f, _ - - -- �3.�.3 - Fi l i ng Fee - -_ SU PL1 - S, t�FFI CE A I O Y I HC 013,38 7 ROAD �' '" SC U I N C R E Po + PAINT. -9 VE H' . 013888 9 T. b0 RU FFRIOG= - 30H _ NSON E QUIP + SMALL TOOLS a 3 8 8.9 - - - -,,,; - - - OU TSIt ENGINE IN6_1 S N T � - _ ST1 NG 01389 0 _. 87. 39 S f F OF IC PRO SUP {OFFICE 013891 2 D , 5 2 7. 19 S C M 0 E L � � �. MAO S4N .� NC -- . ----' --__ OUTSIO E' ENGINEER14- G F 013892 212050 f< 0 SCHNA N SIGN S "'V 4 - + _ �.� . MAINT� f B* CIG t. G 013893 _ _ - -- 67o98 SEARS R OE S f CO - ___ _ SUPPLIES, OFFICE r CITY OF MAPLEWOOD A C C G U N T S P A A K A L E _ DATE 08 a9- 82 PAG= C H� CK A M G U N T C L A I M A N T P U R P o S -. FUEL + CIL 03$0_fl -_ t - -- 013894 1, 087.85 CITY OF ST PAUL REP* - - - -+ .._ M A I N T s E - GUI P 39078 30 UG TAU9MAN .. AND -REP. MAIN .9.__ R __-- 0 13895 24. 2d PAUL INE STAPLES - TRAV + T RAI NI NG 013896 99000 STAT- MEDICAL. IN C SUPPLIES, EQUIPMENT 013 89 _ 772.99 S U E A c 2 I C A F CIL 0 29431.79 SUPERAMERICA FUEL + C IL 013899 80..04 SUPERAMERICA FUEL + CIL 03$0_fl -_ __5 T.11 TAR SORE I N- . _---- --- -.- _ -- - SU P PLj ES, �'FC3GRAA 013901 u 39078 30 UG TAU9MAN �- T...AV + TRAININ 0i3902 3.75 THINGS RE�lE418ERr. a `F SUfi. � �S, OFFICE _ ..._...___:.0 3 90 . 3 ..___ 12* 92 N T G U S L E Y FORD .. �HC - - T _ . RcP . ♦ NA�NT. , - V . �HiOt 0i3904 � 37.50 TW .N CTTY FILTER SERV IN _ - � F�.ES, SERV - CE 01,3905 32.93 WARN'R INDUSTRIAL. SUPPLY Filters Cleaned - - -_ SUP LAI E P ,�� S: Y 0 13906 " 199.10 WA E RS TKUEV - A �lE H0W - P - -_ .- -- SU �L�TE S, UANi T fli � IA L ANO - SMALL T04LS _ _-- ANB- MAINTENANC= MATLF AN3 -SUPPL ES, - P4RA f AND - SUPPLIES4 ow 013907 " 19. WHIT PsEAR OFFC � �- LIES, OFFI Ct AN O SU P FLI ES, PROGRA !- 3 908 .8,323. 00 YO(; U UI..DN It'CR . �_______ Y OF SUPPLItr _ -- 0 - 3909 --_ 232.72 ZIEG INC S UPPL IE S * SUPPLIES * V EHI C LE - 013910 124. 20 - �. .Y#�N A B ER ift � --- -- WAGS, P/T # TEMP. -- 013 911 558 *18 • �' �' -- I€.E N #� BA .R - -- WAGES P/T TtMP* 0 13 91 -- ------- ___ ---_ - 7 8. 0 � 0 ' �..ZAf3E'H GAS5E3AY WAGS, P / T.. + TzMP D 13913 � _ 6 �• 85.�sA r M AR I E - _ D��.aNT r --- - -_ WAG :S, P/ 7 } TEMP. -163000 GER L: E 3it. W A GE S, P /T + T E4P . 0 i3 9i 5 '� 18 5.76 ___Y MA ` - FOWL _ WA GES P/7 + cM r t CITY aF, MAPL-.�WOOD A C C 0 u N T S P A Y A 8 L E DATE 08-w09-lw82 P A G C HICK A M 0 U N T C L A 1 4 A N T P U R 0 S 136. 37 jDAVID BRIAN ODEN WAGES, P/T TEMPO 0 13 92 5 son t 013916 196* 87 CHRUS GALBRAITH LAURIE JJ POSSION ESt P/7 TEMP* 044-44- VOID AN04wWAGt5v P/T T E M S 013927 a 13 - 9#. a-- 191957 MAITHEW, HAAG 013923 _WA GE S: P V_ — *, TE 7 __ _�_. 6 JL39JL9 194000 KARIN J Hi"ORS"R WAG=S* P/T f TEMP* 013930 013 92 1) 157925 PAUL ALAN HAGSTROM WAGE.—S --- P/T + _ . __ _ _ _ TEMP* 013 92.1 183*10 SCAT HRYN �j 0 — Ft — A R E F U N 0 ANOmWAG"St P/T � TEMP � . _ ...___ ._ - 013 ��2 2 �;_ .._ 2. WAG ES, P/T + TEMP* OiS923 173* 02 CK-ISTIN A NO O S N WA G%=- Sq P T + T;r M Pe 0 i392 136. 37 jDAVID BRIAN ODEN WAGES, P/T TEMPO 0 13 92 5 son WA G S PY G ftw T + TEMPO 013926 14 LAURIE JJ POSSION TRAVEL TRAINING AN04wWAGt5v P/T T E M S 013927 10*40 -ALBERT RASCHKE TPAVEL TRAINING 013923 20. 00 JEFFELRY RASCHKE WAGES, P/T + TEMP* 013929 V Ko t H G�StP_4� T-4 = _ - -_ T E M P 013930 ill. 37 JENI SE. RY0EN___ WAGESt P/T + T E 013931 23910 KAHRYN -ANDQUIS- WAGIES9 P/T TEMP. 03932 _ 21 llfl* 14 — A N. _SH - E — R'g T9 4 E -- - L + - T M 1p AND L O- TRIA V" m + TPAINING 0 .13 93 3 ^ 161.25 W _ N S H U'...R N. t W A 15 P/T TP-M E. P 0 . 13 934 208o 12 C GARY TENINKcL WAGES9 P/T +TEMP. 013935* 267*37 THOMAS TR AVEL + TRAINING AN0-WAGES TEMP 013 93 6- x.67. 75 JUN THOMAS WALLACE WAGES9 P/T TEMP. '6 ' 56* 65 M A U R tt'E�__ _i4E 1 _AT T' WAG _70VT T E M P 013938* 211 04 DAWN MARIE SPANNSAUER WA GES P/T TEMPs CITY OF M APLE WDDD . A B C D D S T S CH :CK* p A Y A a L E — --- - - - - -- - - -- A M D U N T 013939 7 ! 5 0. 00 AkTS 'MAR r ENC Y TOW 013940 ELIME N EARR 013�4i DATE 0&m 09..82 PA P u RP J S E � -Ul PMENT, OTH R E F U N D - 0 13 942 DRY ARAN R F - _ 5 ' _DD ---- -= E 13.8 1 E 9 1 L C T T A N 013 94,3 -- - -- ES COPE AND -- R -- E F U N D-i�3 4._ 5.00 — GO�,�DN �� � � . R F N D -- 1.3 94 5 14 Q _' 0 0 DUN B RA S T R E E T 12900 BETTY _ _. -- _ TRAI NING - - .0 N SON 013 94 T -_____ l 0. 00 — R SDSA1� METE R E F N D __ __ __ A R K..E - R 013 94 g �• - -- _ 5's -- ---- -- . ___ — -_ MA MY ANN PLANTE R U N 13 95 0 5 �-- ' 00 -_ __ . Tt1TTIK R ` F U- N D �# 1395 1 ., JAME WAL u 013952 ^ 190 00 - - ---- �DCI LE �3RYANT E D _ F� N -- - - -- — - - - _ - - -- _. - 2 a R N E N �--- ----�- ER�'R�S�cS � D _ - . -7 M KS WR _N_ D 4 C K S TOTAL - - -- - -- -_ _ -- - ---___ _ 260., 741.65 �• INDICATES - � I - � -- -- -_.__ ��''IS F'INANCED BY - ---- -- E�REATIpNAL EE S CITY OF MAPLEWOOC PAYROLL REPORT PAGE 1 f CERTIFICATION REGISTER CHECK DATE 07 -30 -82 CHECK AM ER PAY.. - SET P .wo ANDERSON AY T 04541 OAcTTAN ' GARY N 275.00 256.57 04542 GPEAVU JOHN G 350. • 04 JU K E E 2 5 _ . 2 3.x: 2_Q - _ 04544 MATVA MAFYLEE T 275.00 239.04 0 .4545 SEHM LO I 586 * 07.44 136.0 0 E V A N S AP Ry R 1. 3 7 5 -4 04547 PELOQUIN ALA'` ED 747.23 5Q 5.84 04548 SCHLEICHE ? .lOHH � 136.0 0 -- 0 4 49 C E. LA RR E 1 .46.x____ -- 04550 OOH EPTY KATHLEEN M 317.20 22 5.62 0 4551 ZU EPCHEP JOHN � 1 #.5.39 0 4539 F A C EL E 1 .46.x____ -- 04552 . HAGEN APLINE J 888.92 611.06 04558 SCHACT JEAN NE L 151.52 133.81 04 VIET LO AI E S: a51�£� 386e44 00 04553 MAT HEYS ALAN! K ., 677.54 48 4. 04 _ 0 4_55 4 - Y . LG OR E N CE 0 .0 STOTTLEMYEP EC # l G _ 52 52 .00 04555 AUPELIUS LUCILLE E 1, 350.46 862.35 04556 SELVOG :. BETTY C 66.43 :. 440.28 -_ 04 G REEN PHYLLIS C 73809 5 i 04558 SCHACT JEAN NE L 151.52 133.81 04 VIET LO AI E S: a51�£� 386e44 00 H PA'`R A 226.8 04561 - FPEOERICKSON PITA M 35000 35.00 .0 STOTTLEMYEP EC # l G _ 52 52 .00 041563 55 CITY OF MAPLEWOOO PAY P EPOS T P A G E _ CEPTIFICATION REGISTER. CHECK OAT 07 - 30 - 81f C NAME _ GP © PAYE' _ PA Y 45 HAGEN 04555 r oMa TN - JOY 553.39 381.3 7 0456 ICHIE .. � :.� • . . •, 50.�23 � : � 349 * 4 8 �rE RU a 6 7 04 A 9 ' NOLO O A V I O L llvi82 *92 790.73 04569 ., A'CHISQN .. JOHN - i* 03b.i ?2. o 8 7 _ 04 SOMA b2 * 5. ti 04571 y CAHANEc ANTHONY ONY G 1s 216.15 80x.50 04572 ` CLA USON DAL E' K 3 Z• :5 3 b l l ---- * 5 3 05 _ C O. _DNS � K E N N E TH .... - '� .� � ���: • $ � $ _fit O• 3 2____ =' 04574 OREGER RICHARD C i, 222.00 818.49 0457 _ GR EEN 85.. 3 ---- -_ Z NCB MAN L T. HALW.G K EV _ R 7Z 0.01_ _y 04577 HEINZ T S EP HEN 77.45 5fl 9. 7 1 04578 _ HEPOEPT MIC J d .19016,e77 720 *01 1 I # ANT ----- - --___ 04580 K O R T U S fl 0 M A LC V . 73 0.83 522. 18 - 04581 - LANG RICHARD j 1 056*00 _ 720 *97 MCHUtTY JOHN ---- 045&3 _._ M EE HAN q J JAMES E 997.38 __ 592.74 - 04584 METTLER DANA C 1, 3 3 6. 61 692* 41 y - a x5 8 m OF S.C.R T I C A O - ---- -- . 1 01 6.77 04586 - _ M0PELII RAYM -A MONO J i 01.77 730.8 0 ©.4587 - PETIE N LL IA, ib3.08 _772* 86 BON �?._ — ,CITY OF MA PL EWflflO SAY oLL Ego _. �a��, 3 CERTIFICATIO REGISTER CHECK CATE 07-30-82 CHECK NAME - - GROS PAY NET PAY 0458 STAFN C 04590 STILL VFCNON T 99*7.38 688.76 04591 STOCKTON DARRELL T L*Gilo4t 672. 12 ___ ---- 0 1i J OSEP H A i z B.TT -� T` . i 04593 BECKER RONALC C I 065.23 726.04 ` X4594 CU S I C K DENNIS'.'. S i, 3 3 2.0 0 879090 __ -- --___- - -- GPAF DAV 65 6 11 0 45 g6 LEE P-OGE w 1.9104.Q0 .782.73 . 1:. 04597 k:J 4 MELANDEP JON A 1, 065.23 702.46 f 0 45 98 _ NEUZO . _a. 9_a v- 8 5 _ _ -. - 2 8.3 0459 QAZ�KAZOFF GALE E 119 084. El 527.69 z1 04600 RYAN MICHAEL P it 065o 23 26.04 0 4 6 01_.___PWE_ C _QE E 4-0 * 3 TT * {y(jyji 04602 YOUNGREN JADES G 1, 045.84 640.6 1. 04603 f E, E N P E R T S O N JAMES N_ 9 4 4.3 i 65 6.74 . 0 46 Q4 I - _ . __-_ { SCHAO - - -. A ' _ _ 04605 FLA UGHEF JAYHE L 677. 54 446.47 r 04606 NELSON KAFEN A 717.82 467.39 4607 _ NELcC __ OT 8 1 5 8 _ 04608 RABINE JANET L 549.69 380.43 04609 TUCHNER, MICHELE A 645.23- 428.46 - t 0 4610. W ILL XA S N J .� 5. • -_5_4 b5_ • 3 04611 BARTA NAR iE L 477.69 366.7 0 946t2 HA I OED? KENNETH G 830904 r } 0 4 6 1 t . E _N T: -J-.D I T N 8 _- CITY OF MAPLEWOCO PAYROLL REPORT ORT PAGE c ' CERTIFICATION REGISTER CHECK DATE 07 ,, 3o.8- CHEC K H AM E GROSS PAS NET PAY 04 -G ASS NTL�A�'s 04615 FREBERG- ROI A LD L 824.00 570.29 t 46ifi LEY RONALD 824.40 - 54 8.6 3 _ fl4 - --- HO CHBAN - - - c Jt E'H H 8 .5 2 5 3 04618 KANE MICHAEL R 824.00 54 8.63 04619 F KLAUSING HE 839. i2 5 79.66 _ a 0�4 6 2_. 0 j -- E Y ER GER A 8 _•__ 046.21 - - -- _ _ P ETTNE JOSEPH 8 1, Q88. OD 779 8 0 REINERT E ARC A 824* 00 543.63 ©4523 ._.. _ _ -. T p E�I.iN _ _ _ HAR?Y 8 3 _.._ __ __ _ S. Vii.•_ -$ 3 ____. _- _ 04624 ELIAS JAMES G 981. 69 678.37 , 0 4 €� 2 5 EI G A H? E �. PE �`E R R _ 448.0Q 386.87 I .. Q - GE ? _.._S_E_ H AL T ED 04627 .1 GESTELb JADES T 893 54 606643 046 PECK OENNI L 9 81.69= 6 6 4.5 6 t --- LL. ATZKE � AVI J [ 1 157 ; 48 04630 - WYM AN JAMES N 797.54 _ 555.69 04£31 LUTZ DAVID P 562.62` 396.33 r, _. -fl 45 3.2 -____ $R E.H.1 M ROGER i L 6 9. 60 r 046:3 EOSON DAVID 8 840900 579.07 04634 MUL WEE GECR GE 69.6. 517.33 4 5 3 5 --- -- -- N A n- E A U E D,W A A 04636 - NUTESON LAVERNE S i, 088.00 . 663.76 04637 7 - f _ OWEN GEP A �.0 ( ( y ' +a t 589.86 - - - - -- �.'6 3 8 - - -- ANA L C - _. _ 6.L - CI OF MAPLEWO y PAYROLL REPORT PAGE 5 265.63 247.12 CERTIFICATION REGISTER T CHECK DAVE 07 CHECK NAM E � GR OSS. PAY REED -- NET PAY 0463 MLA_ N.YE S BZA. AID _ 5 .00 04640 SPE NNE ? - LOTS J 715.65 488.2 4 04641 KRU MMES.ARBA?A 270.40 r ' 201.98 E G A_R O E. T WA PC TROY 0� 2 0 320.0 94656 W AFZEKA RIC A 04643 STAPLEc PAUL ENE M 1 *9? 68 9.9 5 04544 E SUPKE MYLE R 8 2 00 - 54 8.63 - -- 0 4538 - - - -- TI --GEC? D A V T 82 � 04645 GUS±NCA MELYIN J 1, 098.20 63 8.84 r 3 28. - - - - -.62 R CLA NO 824e00 GVEW 54 8.6 3 - - 684* 92 9 JEF FREY Y i 0 L 96 .2_ __...._� 0 MA I PA MATTHEW 224.00 191.23 04649 MAPUSKA MAF K A 893.53 6 7 0 *42 E - - - - -- - --046150 _ _ _ A S . N - ASE R ' - -- E 5 :: 0- -- - 2Z7* 04651 SANDQUIST THOMAS J 265.63 247.12 s 04652 SANTA REED E 82.00 498.12 r, r M AP T 4 J 5 .00 04654 STA RICHAPO E 320.00 320* 00 04655 WA PC TROY 0� 2 0 320.0 94656 W AFZEKA RIC A 2 68.00 _ 33 - 0-8-7 04557 SPANNBAUE4 KATHLEEN G 396.0 0 320089 ' 04658 TAUS MA N30UGLAS 8 04.00 539.23 0 4 659 x� - WAP-n- R G 3 28. - - - - -.62 2 5.3. _ 04660 GVEW JANET m 684* 92 9 448.59 �' 04661 - SOUTTER = CHRISTINE 684.92 � �� � � ����� � '470o 04 i CITY OF MA PLEW OOO PAYROLL PEPOR T P AGE on CEIIP,�TIEICATION REGISTER CHECK GATE 07-30-8 CHECK NAME GR OSS FLAY NET P AY --II 5 04664 EKCTFANC THOMAS -G 932,983 59 T. 7 9 04665. JOHNSON L. - - r� 932.83 - 607058 . 4&66 OS TR Q H - V 04667 WENGER ROEERT J 8 57.54 5 OT 33 CHECK REGISTER TOTALS 1 04, 592. 84 70 7 61,9 89 ,r MEMORANDUM TO: City Manager FROM: Associate Pl.anner-- Johnson SUBJECT: Final Plat Action by Caunc�l: LOCATION: Linwood Avenue, East of McKnight Road APPLICANT: Schwi chtenberg Properties Endorsed....... =� -- OWNER: Ralph and Joyce Schwi chtenberg 14'o d. 1`1.eV_ PROJECT: Schwi chtenberg Addition Re • ected_... DATE: Jul 30 1982 Y Tate Reque Final plat approval to create three single- dwelling lots and a remnant to be platted later. Past Action 8- 21 -80: Council approved the preliminary plat for the Schwichtenber ' g Addition on (Map three) with the following conditions: I. The final plat shall not be approved until: a Provision is made to extend sanitary sewer to the lots on Linwood Avon ue. b. Lot 13 shall be changed to "Outl of A." c. A signed developers agreement is submitted to the Dire ' Direc of Public c Works for his approval. The developers agreement shall include: 1) Construction and easements for temporary c ul-de-sacs p y at the end of Dorland and Dahl Roads 2-) Storm sewer easements along the east line ne of lots 11 g and 12 and over the existing pond 3) Final approval of grading, drainage, and utility plans 4) Implementation of erosion control measures, as recommended by the Soil Conservation Service . . 5) Extension of the Dorland Road sewer to serve lots 1 and 2 2. Payment of the cash connection charge for water ' g may n s ervice � n Linwood Avenue. 3. Removal of the barn and garages or redraw lots 1 and 8 to et the barn and house on one lot. (The g • present final plat i s for only a portion of the area covered by the prel i mi nary pl at and i s not subject Io thi s condi ti on . } 11 -6 -80: Council passed a resolution ordering feasibilit - 9 1 ty study for sans tart' sewer along Linwood Avenue to the subject property. 12 -4 -80 and . 3- 19 -81: Council approved 90 daytime extensions for the preliminary plat. .6 -4 -81: Council ordered a project extending sanitary sewer 1320 feet east of McKnight Road. The project also extends the existi.ng water main in Linwood to this point. The Council ordered the project contingent on the applicant entering into a developers' agreement and .providing the required surety within 90 days. After 90 days the project expired due to surety and the developers' agreement not being provided. These u t i l i t i e s have subsequently been installed as art q y p of the Linwood Heights development. 7- 2 -81:- Council approved another 90 day time extension for the Schwi chtenber 9 Addition preliminary plat. Council subsequently amended the platting code which made preliminary plats effective for one year, 8 -3 -81: The Planning Commission recommended approval of a Plan. amendment from RL, Low Density Residential to RLE, Low Dens i -ty Residential Extended. Approval is conditioned on Community Design Review Board making a finding that the .town houses would be of a scale, design, and location that is compatible with single-family homes, located in any adjacent RL area, This plan amendment was part of a revised preliminary plat consisting of town homes, double dwellings and single-family dwellings . This proposal was dropped by the applicant and never received Council review. 7 7 26 -82: Council approved a one year time extension for the preliminary plat. Analysis The requested final plat (Map two) is for only a portion of the approved pre- liminary plat (Map three). All conditions pertaining to the area to be final platted have been satisfied. Recommendation Approval of the final plat for Lot 1, 2 and 3, Block 1 of the Schwichtenberg Addition, jW Enclosures 1. Location Map 2. Final Plat 3. Preliminary Plat for the Entire Site -2- F� Q fl) L A RE WOOD DRIVE 12) 7'CAKwO0D DRIVE •.r (3) CREST v! E w DRIVE -. cn Z Z 125 LtNWOOD VF. � • 72 :j- 728N � • I Z � T � Z ...... R22W R2� oc Lo l3�18 Q _ • = i YLI . Q .`` HI HW 74 I G OOD -.A 25 I _ ` AVE- �, E MITI ST. 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I J � .w re. r.• M,.rlr,fwywro' - f rwTen Cary welly e.I.lrr - -_ �- we l.rl t•.M.r rA► Map 2 FINAL PLAT ' SCHVv ICHTENBERG ADDITION: - t _ • I /• r ve • • • • • • ••• . �� . • I I , • ' ti op w • 40p •• = ; •• •- -•.. �..• •••. '•� �1t ••• •�.� mss`•: N I Am 46 oft Ch oo a v .► / r • • �- - -ter _ • �• ••••_. • • '`++ • • w � ter • • • • i • A - , a� j •r r• -- r• • IP aft .0ol lo dI •� . /r� = - • =:• : • � .r.• -rte. _ _ r- • • • 111... _ _ +�- • • � • _ • / . i •/ -.. • � •. ~ •..••. •. �• �� • ~ - -rte • • • • • . •• I . i . • /• it !tom • •,�• dp I • : • • • 11 1 . !� Or • • • • f tt ! 1 r - _ ~�•► i s :: a .r JS :•. • • / o r Ig o r .. • • • . • + sue • • .: i %% !. • •• / f • 1 e 4 • ♦ ♦ 1 • „ �QZ7 p woo 7 • - • �� : ; ;1 : J ; f � j rr r } 10, oo so Map 3 TOTAL PLAT SCHWICHTENBERG ADDITION N .�c ► on by C ouno l I Ei MEMORANDUM di J TO: CITY MANAGER BARRY EVANS Date FROM: CITY CLERK REGARDING. FINAL APPROVAL - INDUSTRIAL REVENUE NOTE - CRICKET INN - (TANNERS LAKE PARTNERS) Final approval for the $3,300,000 industrial development revenue note for the acquist- ion of - land at the northeast quadrant of the intersection of Highway 94 and Century Avenue and the construction and equipping of a 115 room Cricket Inn Motel is requested. N CM- 00424 -01 This Application must be Submitted to the Commissioner in duplicate. STATE F Vii NNESOTR Action by Coun l • RGY PLANNING AND UEVEL4�PMEN?' `' nC1 �'' DEPARTMENT OF ENE. BUSINESS SERVICES Endorse di f Application Fe- For Approval of Municipal Industrial Revenue Bond Project E,- PP Date "/`�� -- Date To: Mi nnesota Department of Energy, Planning and Development Business Services 480 Cedar Street St. Paul, MN 55101 • Mapl - .County of �tamsey The govern body of _ Mi nnesota hereby applies to the Com�mi ssi over of the State of Mi nnesota , Department ' y P ro osed of Energy, Planning ng and Development, for approval of thi community's . p • p • Industrial Revenue Bond Issue, as required by Section 1, Subdivision 7 mun . Chapter 474, Min atutes. ; . . We have entered into preliminary diAcXssi�ns with: Fir Add Tanners Lake Partners, ss w partners are Minnesota General Partnership, orthco, Ltd. and Turnpike Properties, Midwest Inc. 1219 Marquette I" city ' nneapoli s State Minnesota 5 5 4 0 2 _ y of Into N/A ' State rp ra ion So Sa ds 4744 IDS Center Fre ric son, Syron, Address Attorney esota 55402 0 orn, is .e an anson Name of ro�ect Tanners Lake Partn . Project • (nature of business : Reap Estate This firm i s en aged primarily i n ) . engaged and Management, and Motel Management The funds received from the sale of the Industrial Revenue Bonds will be used to _ Finance the construction and equlppinq of a ( general nature of projec • proposed 115 room Cricket Inn Motel i.n Maplewood It will be located i n Northeast quadrant of ' the intersection of 1 -94 and . Century Avenue on approximately 2 acres of land 'The total b P and issue will be approximately $ 3, 300 , 00O to be applied toward payment of costs now estimated as fol ows. Cost Item Land Acquisition and Site Development Construction Contracts Equipment Acquisition and Installation Architectural and Engineering Fees Legal Fees Interest during Construction Initial Bond Reserve Contingencies Bond Discount Other TOTAL Amount 4 05 1 POOO o! !!!r• :! ill M 3 0 1 000 &L ! !!! 35 0 !!! ., 1 000 1 00 ,1 000 3,710,000 • 4 NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMNET PROJECT To' *hom it may concern: - Not ice is hereby iven that the City Council of the City of Maplewood, Kintiesota, will 'meet at the City Hall in the City of Maplewood, Minnesota at 7:00 o'clock p.m. on June 28, 1982, to consider proposal of Tanners Lake Partners, a Minnesota general partnership whose partners are Northco, Ltd and Turnpike Properties, Midwest, Inc., that the City assist in financ- t p P in 8 a p hereinafter described by the issuance of industrial development revenue bonds* Description of Project (Including general location) The acquisition of land located at the northeast quadrant of the intersection of Interstate 94 and Century Avenue in the City of Maplewood and the construction and, equipping thereon of a 115 room Cricket Inn Motel* The estimated principal amount of bonds or other obligations to be issued to finance this project is $3,300,000. Said bonds or other obligations if and when issued will not constitute a 8 � char a lien or encumbrance upon any property of the City except the project and such or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by Tanners Lake Partners pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner Of Energy, Plannin g F and Development,, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning June 9, 1982, from 8:00 o'clock a.m. to 5:00 p.m., Monday p 8 through Friday, at the City Hall in Maplewood. At the time and place fixed for said Public Hearing, the Cit Council of the City of Maplewood will give all persons who appear at the hearing an op- portunity ortunity to express their views with respect to the proposal. Dated this 20th day of May, 1982. (BY ORDER OF THE CITY COUNCIL) B 4 - City Clerk Publish: Maplewood Review June 9, 1982. lip s � A I nn 6 11 t t 1_ • fir ~- w. • ` M 4� • ',fit • K � w���.,.� y �'� l y!`- ~y'�••-:�i�)K� +.; .. � r i� _ � ••�� ��i�C� ' �.� / �• �T ��'R :�'Iy •,�,�'1 ''�' M..�� _ .,�� i.' `: f � � `' ":'�1�4. -�jfy� b`i�. . �• ' !w i.i� �.'�. - L r te a. 1'• .. .rte �' ' . ' . • , , _ F • "�' ': �` -- • _ r •�� f ♦�- . " 1�i v' �. r ♦ •'4' •-' ! G . low I► ms's rF� 'L '►; .'' - 60 A- A • �' - ,'I Y ~ y � r 1� .•� _ tom. I / ,,, `i, ► MM " I�► • A Ob. � `~ J frt' ` 1p ►. .�.�� �. ..��' - • -a �� ! •. ..... � � ri FINAL NOTE RESOLUTION - CITY OF MAPLEWOOD 0 $ COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1982 (HAZELWOOD PROPERTIES, INC. PROJECT) - - -- - Adopted: August 9, 1982 (The cover sheet and this table of contents are not a part of the attached Resolution, but are included b Bond Counsel for convenience only.) TABLE OF CONTENTS _ ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION ANDFINDINGS ........................... 1 1 Section 1 -1. Definitions ................•••o•• Section 1 -2. Legal Authorization************** 3 Section 1-39 Findings .... ..................... 4 Section 1 -4 . Authorization and Ratification of Project....................... 5 IC E TWO - ARTICLE NOTE .... ............................... 6 Section 2 -10 Authorized Amount and Form of Note .......................... 6 16 Section 2- 2. The Note .. . ...................... Section 2 -3. Execution ...0.0000•0000000•900•90 16 16 Section 2 -4. Delivery of Note ................. Section 2 -5. Deposition of Note Proceeds...... p • 17 . Section 2 -6. 0 Registration of Transfer****** 000 17 Section 2 -7. Mutilated, Lost or Destroyed Note ............................. 18 18 Section 2 -8. Ownership of Note ................ ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY... 19 Secti e 3 -1, Pre a ent ....................... P Ym 19 ARTICLE FOUR - GENERAL COVENANTS . . . . . . . . . . . . . *0 . . . . . . 20 Section 4 -1. Payment of Principal and 20 Interest ......................... Section 4 -2. Performance of and Authority for Covenants0.6069•9990•99909999 20 21 Section 4 -3. Performance of Covenants 0 0 0 9. • 0 0 0 Section n 4 -4 . Nature of Security . 0 0 9 0 .0000..... 21 ARTICLE FIVE - S ELLANEOUS ......................... M I C 22 Section 5-1. Severability ..................... .22 Section 5 -2• Authentication of Transcript***** 22 Section on 5- 3.- Registration of Resolution******* 22 Section 5 -4. Authorization to Execute A gregiments ....................... 22 SIGNATURES . . .r It NOTE RESOLUTION RESOLVED b the City Council of the City of Maplewood, as follows: ARTICLE ONE DEFINITION , S LEGAL AUTHORIZATION AND FINDINGS Definitions The terms used herein, unless the context hereof wise shall have the following meanings, and shall require otherwise any n other defined in the Lawn Agreement shall 11 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 t Statutes, Chapter 474, as amended; • gn is and Leases: the agreement to be Assignment of Ren executed issues and xecuted b ` the Tenant assigning all the rents, profits derived from rom the Project to the Lender to secure the repayment of the Note and interest thereon; P Bond Counsel the firm of Briggs and Morgan, Professional . ' tion of St. Paul and Minneapolis, Minnesota, or any Associa . ► nixed bond counsel, other firm of nationally recognized l, and any signed b opinion of Bond Counsel shall be a written opinion g Y such Bond Counsel;. od Properties, Inc., a _Borrower Hazelwood Minnesota general p . ship its successors, partnership, assigns, and any surviving, resulting or transferee business entity which may assume its i.ne Y obligations under the Loan Agreement; CC ice • the City of Maplewood, Minnesota, its successors . Y and assigns; Construction Fund: the fund established by the City Resolution adopted August 9 authorizing the pursuant to the Reso p issuance of the Series B Note and into the Procee ds Account of the Construction Fund the proceeds of the - Note and the Series B Note will be deposited; 11 . " on Loan A reem ent : the agreement to be executed Construction g Borrower the Tenant and the Lender, relating by the City, the � r the to the disbursement and payment of Project Costs f .o acquisition, ion construction and installation of the Project; Lease Ground Lease the L se of the Land between the Borrower Tenant as lessee executed on and as Lessor and the ~� evidenced of record by a Short Form Lease filed as Document Noe Guarantors Health Resources Inc. and Ste John's Lutheran _ . Hospital Association; Guaran • 1 the Guaranties of the Performance ty . collectively, to be executed by the Guarantors as of the date of the Leases of this Agreement; Land: the real property and any other easements and . rights described in Exhibit A attached, to the Loan Agreement; Lender: First Nationa Bank of Minneapolis, in Minneapolis, Minnesota, its successors and assigns ; ent: the agreement to b Loan Agreem e executed by the City g issuance of the Note and and the Borrower, providing for the issu • the roceed s thereof to the Borrower, including any the loan of p . amendments or supplements thereto made In accordance with its provisions; Mortgag e. the Combination Mortgage, Security Agreement . ' ncin Statement between the Borrower and the and Fixture Fina 9 a moat ee, securing Tenant, as mortgagors, to the Lender, as gg payment of the Note and the Series B Note and interest thereon including an ' ' n mortgage supplemental thereto entered into in y accordance with the provisions thereof; Note: the $ Commercial Development Revenue (Hazelwood Properties, Inc. Project) to be issued Note of 1982, (Haze p by the City pursuant to this Resolution; R the records kept by the City Clerk to Note he registration of transfer of _ ownership f the provide ide for t p Note Pledge Ag reement: the Pledge Agreement to be executed the City and the P y • Lender led i n g and assigning the Loan Agreement to the Lender; 2 e Princi al Balance: so much of the principal sum on the Note as r ma i ns unpa a t any time; Pro ' ect : the Land and Improvements as they may at any time exist; wft o ' Pro ect ' Costs : the total of all "Construction Costs" as that term is de fined in the Loan Agreement; Resolution: this Resolution of the City adopted August 9, 1982 authorizing the issuance of the Note, together with any supplement or amendment thereto* ' es B* Loan A reement: the agreement to be executed by Seri - - 9 the City and the Tenant, providing for the issuance of the Series B Note and the loan of the proceeds thereof to the Tenant including any i amendments or supplements thereto made n accordance with its provisions; Series B ' Note the $ _ Commercial Development Revenue Note of 1982 (Maplewood Professional Building Limited Partnership Project) to be issued by the City pursuant to the Resolution); Series B Pledge A reement the agreement to be executed _ g g by the City and the Lender pledging and assigning the Series B Loan Agreement to the Lender; Tenant: Maplewood Professional Building Limited Partnership i and its successors and assigns under the Ground a P Lease. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the desig- na , ted Articles Sections and subdivisions of this resolution as originally P adopted. The words "herein," "hereof" and "hereund- er" and other words of similar import re fer to this Resolution _ as a whole not to any particular Article, Section or subdivis ion. 1 -2. Legal . Authorization . The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the . . reven ue producing project rod uc in 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. 3 1 -3. Findings The City Council has heretofore determined, and does hereby determine, as follows: The Cit is authorized b the Act to enter nto a (1) Y Y i Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the acquisition of the Land 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 the execution of the Loan Agreement, the Pledge Agreement, the Note and the Construction Loan Agreement, which documents specify certain terms and conditions of the acquisition and financing the Project; (3) in authorizing. the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the pub- lic 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 order to retain the benefit of the commun- i t ' s existing investment in educational and public service facilities; helping to provide necessary health th care facilities (to the end that adequate health care services be made available to patients at reasonable costs), the halting of the movement of talented, educated personnel of all ages to other areas and thus preserving the economic and human resources needed as abase for providing governmental services and fac i l- ities; the rovision of accessible employment opportunities for • • n the area; the expansion of an adequate P tax base to residents i. finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community in which the Project is situated; (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs rmitted b Section 474.05 of the Act, will require the Pe Y issuance of the Note in the aggregate principal amount of $ as hereinafter provided; 4 0 (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the Land • (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 nat constiono ute or give rise to a pecuniary liability or a charge against t g _ the general credit or taxing powers of the City a nd _ neither the 1 faith and credit nor the taxing powers of the City are full pledged - ed 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 $10,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the ex - tent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1-4. Authorization and Ratification of Pro Intentionally Omitted . It 0 ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note . The Note issue pursuant ursuant to this Resolution shall be in Y substantial) the form set forth herein, with such appropri- _ ate variations, omissions and insertions as are permitted or wired b this Resolution, and in accordance with the further r e q Y 1 amount of the Note . provisions hereof; and the total principal that ma be outstanding hereunder is expressly limited to Y unless a duplicate Note is issued pursuant to Sec- tion 2 -6. The Note shall be in substantially the following f orm: It 6 f UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY . CITY OF MAPLEWOOD Commercial Development Revenue Note of 198.2 ( Hazelwood Properties, Inc. Project) FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota (the "City"), hereby promises to pay the First National Bank of Minneapolis (the "Lender") its succes- sors or registered assigns (the Lender and any such successor or registered assignee being also sometimes hereinafter referred to as the "Holder ") , from the source and in the manner hereinafter provided, the principal sum of _ DOLLARS ($ ) or so much thereof as remains unpaid from time to time ( the "Principal Balance ") , with interest thereon at the rates specified in paragraphs s 1(a) and 1(b) hereof (the "Tax Exempt Rates ") or at such higher rate as provided in paragraph 1(c) hereof ( the "Taxable Rate ") , in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and of ter the date hereof through and including , _, interest only shall be paid at the rate of % per annum. Interest shall accrue from the date hereof and shall be payable on the f irst day of ' the calendar month next succeeding the date hereof , and on the first day of each and every month thereafter through and including • (b) Commencing on _ , + and on the first day of each calendar month thereafter, the Principal Balance shall be amortized in equal consecutive monthly installments of principal and interest the amount of each of. which is to be calculated on an assumed -year amortization with interest from , 19_ at the rate of % per annum and a final installment on August 1, 1992 ( the "Final Maturity Date ") which shall be equal to the unpaid Principal Balance and accrued interest thereon. Any payment shall be applied first to accrued interest and thereafter to reduction of the Principal Balances 7 9 c) (i) In the event that the interest on this Note shall become subject to federal income taxation pursuant ' ' on of Taxability to a Deterrninati Y (as hereinafter defined) , the interest rate on this Note shall be increased, retroactively effective ctive from and after the Date of Taxability (as hereinafter defined ) to A per annum (th "Taxable Rate , provided, however, that in no event shall the Taxable Rate for any period be less than the Tax Exempt Ra te otherwise in effect for. the same period. The City shall immediately upon u demand a to the Holder and to each prior Holder affected b such Determi of Taxability an amount he amount b which the interest accrued retroactively equal to t Y a t such increased rate from the Date of Taxability to the date of payment exceeds the amount of interest actually accrued and paid to the Holder and any such prior Holder during said. , d. Such obli ation of the City shall survive the payment period* C g full of the principal i al amount of this Note) . Commenc ing� on In f P P the first day of the month next following the date of payment of such additional interest and continuing on the first day of each month thereafter (unless the Holder shall accelerate the maturity of the Note pursuant to clause (ii) of this paragraph r y P .(c)) , this Note shall be payable as follows: ipr (A) if amortization of the Principal Balance had not theretofore commenced under paragraph raph (b) hereof , the monthly payments of interest only hereunder shall be increased to reflect the accrual of interest' at the Taxable Rate and the monthly installments of principal and interest payable commencing with the payment shall be recomputed on the basis of the Taxable Rate on an assumed year amortization; or (B) if amortization of the Principal Balance had theretofore commenced under paragraph (b) hereof, the monthly installments of principal and interest payable commencing with the next succeeding payment shall be recomputed on the basis of the Taxable Rate and amortization over the remaining portion of the original assumed amortization. Iq Upon a Determination of Taxability, the Holder may declare the entire Principal Balance of this Note together with accrued interest thereon at such retroactively 0 increased Taxable Rate to be immediately due and payable, plus th e prepayment P remium, calculated in accordance with paragraph 8 hereof. (iii) The Holder shall g ive notice, as soon as Borrower of an Notice of Taxability, as ._practicable, to the Y - hereinafter defined, received by the Holder and permit the Borrower to contest p litigate ate or appeal the same at its sole e xpense* In the event any such contest, 1 it igation - or appeal s undertaken the increased interest provided in paragraph (b) (i) shall , 1 ' payable to the Holder and shall nevertheless., b e p y be held b the Holder in escrow (without paying interest thereon pending final disposition of such contest, litigation ) P g eal provided that the Borrower shall indemnify and hold ° r a PP ' P from an and all harmless the Holder and each prior Holder y penalties, , interest or other liabilities which they may incur on account of such contest, litigation or appeal* The terms "Determination of Taxability," (iv) " "Date of Taxability" and " Notice of Taxability shall have the meanings ascribed to such terms in the Loan Agreement, dated the date hereof (the "Loan Agreement ") , between the City and Hazelwood Properties, Inc. (the "Borrower "). 2. In any event, the payments hereunder shall be sufficient to p ay a all principal and interest due, as such P r inc i al and interest becomes due , and to pay any premium or P enalt at maturity, upon redemption, or otherwise. Interest P y' y ear, but shall be computed on the basis of a 360 day y , charged g for the actual number of days principal is unpaid* 3. Principal and interest and any premium due hereunder shall be payable at the principal off ice of the Lender, i or at such other place as the Holder may designate n writing. 4. This Note is issued by the City to provide funds � for � a Pro'ect as defined in Section 474.02, Subdivisions la, Minnesota Statutes, consisting of the acquisition of Land to be leased to Maplewood Professional Building Limited. Partnership construct onstruct thereon and equip a combination medical office t facility flit and related health care facilities, pursuant to the Loan Agreement, and this Note is further issued P ursuant to and in full compliance with the Constitution and laws of the State of M i ' nnesota ► particularly articular) Chapter 474, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on August 9, 1982 ( the "Resolution ") . It E 5. This Note and that certain $ Commercial Development Revenue Note of 1982 (Hazelwood Properties, Inc. Project) (the P " Series B Note " ) are secured by two Pledge Agreements of even date herewith by the City to the Lender ( collectively r the "Pledge Agreements"), a Combination Mortgage, Security Agreement and Fixture Financing Statement, of even date herewith between the Borrower and Maplewood Professional Building Limited Partnership (the "Tenant ") under that certain Ground Lease between the Tenant and the Borrower, as lessor, as mortgagors, and the Lender as mortgagee (the Y e "Mort g 9 a ") b an Assignment of Rents and Leases, of even date herewith from the Borrower to the Lender (the "Assignment of Rents and Leases ") and two Guaranties of Performance of Lease from Health R esources Inc. and St. John's Lutheran Association, res p ectivel Y , to the Lender ( the "Guaranty ") . The proceeds of i this Note shall be placed n the Proceeds Account of the Construction Fund established pursuant to the Resolution and the Construction Loan Agreement (hereinafter referred to) and di disbursement of the proceeds of this Note from the Construction Fund is subject to the terms and conditions of a Construction Loan Ag reement of even date herewith among the Lender, the City, the Tenant and the Borrower (the "Construction Loan Agreement ") . iw. 6. The Holder may extend the times of payments of interest and /or principal of or any penalty or premium due on this Note, including the date of the Final Maturity Date to the ex tent P ermi tted by law, without notice to or consent of any party liable hereon and without releasing any such party. However, in no event may the Final Maturity Date be extended beyond thirty (30) years from the date hereof* 7. The Borrower may prepay the Principal Balance in whole or in P art in increments of $100,000 on the first day of an month upon at least 30 days advance written notice to the Y P Holder (or such lesser period of notice as the Holder may , • approve) and upon payment of an amount equal to the principal PP � P amount being so prepaid, plus accrued interest hereon to the plus the prepayment premium calculated in date of prepayment, p accordance with paragraph 8 hereof . This Note is also subject to mandatory prepayment in whole or in part pursuant to Section 2.1 of the Construction Loan Agreement in the amount of any sums remaining in the Proceeds Account of the Construction Fund at the Completion Date (as such terms are defined in the Construction Loan Agreement) , in which event a prepayment premium shall also be payable in accordance with paragraph 8 hereof, and the time of such prepayment may not be extended 6 hereof . U pursuant toparagraph on the occurrence of certain P "Events of Default" under the Construction Loan Agreement and/or under the Mortgage, and as provided in paragraph 12 hereof, the Holder may declare the Principal Balance, and accrued interest on this Note to be immediately due and payable 10 (any such action and any similar 1(c)(ii) hereof being hereinafter "acceleration" of this Note), ,in premium shall also be payable in hereof* action pursuant to paragraph referred to as an which event a prepayment accordance with paragraph 8 Upon the occurrence of certain events of cTamage, - ~• destruction or condemnation, the Holder may, as provided in the _ e, Mort g g a apply the net proceeds of any insurance or_ condem- P nation aw a y ard to the prepayment, in whole or in part, of the Principal nci al Balance in which event a prepayment premium may be � payable in accordance with paragraph 8 hereof* 8. If at the time of any prepayment or acceleration of this Note, the yield on U. S. Treasury securities (as published by the Federal Reserve Bank of New York) having a maturity date closest to the Final Maturity Date (the "Government Yield ") , as determined by the Holder as of the date of re a ent or acceleration, is less than _ %, the P P ym . Borrower shall pay a premium calculated as follows: (a) the principal prepaid amount of r inc i al so re aid shall be multiplied by (i) the amount b y which % exceeds the Government Yield as of the date of prepayment or acceleration, times (ii) a fraction, the numerator of which is the number of days remaining emainin to the Final Maturity Date and the denominator of which is 360, (b) the resulting product shall then be divided by the number of whole months then remaining to the Final. Maturity Date yielding a quotient ( the "Quotient ") , (c) the amount of the prepayment premium payable under this paragraph shall be the present value on the date of prepayment or acceleration ( using the Government Yield as of the date of prepayment ent or acceleration as the discount factor) of a stream of equal monthly payments in number equal to the number of whole months remaining to the Final Maturity Date, with the amount of each such hypothetical monthly payment equal to the Quotient and with the first payment payable on the date of prepayment or acceleration notwithstanding the foregoing, no such prepayment premium shall be payable with respect to a prepayment made at the option of the Holder pursuant to Article , - Five of the Mortgage or Section 5.02 of the Loan Agreement unless an Event of Default had occurred under the Loan Ag reement or the Mortgage and remains uncured at the time such prepayment is made. 11 9. The payments due under paragraph 1 hereof shall continue to be due and payable in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is able upon the books of the City at th off ice of the City Manager by the Holder in person or by his agent duly authorized in writing, at the Holder's expense, upon surrender - hereof together with a written instrument of transfer satisfactory to the City Clerk duly executed by the Holder or his duly authorized agent. Upon such . transfer the City Clerk will note the date of registration and the name and address of the new registered Holder in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon his order shall be valid and effective to satisfy and discharge the liability upon . the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary* 11. This Note and interest hereon and any premium due hereunder are payable solely from the revenues and proceeds under the Loan Agreement pledged to the payment thereof pursuant to the Pledge Agreements, except as the same may otherwise be payable in accordance with, the Mortgage, the Guaranty and the Assignment of Rents and Leases, and do not constitute a debt of the City within the meaning of any constitutional or statutory 1 imitation, are not payable from or a charge upon any f ands other than the revenues and proceeds pledged to the payment thereof , and do not give rise to a P Y Y pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform P Y or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof* 12 .� 12. It is agreed that time is of the essence of this Note. If the City efaults in the payment when due of any. Y installment of principal or interest or • any p remium or penalty Y due hereunder or the Series B Note and if said default shall have continued inued for a period of f ive (5) days , or if an Event of Default shall occur as set forth in the Mortgage, the Construction Loan Agreement or the Loan Agreement, then the Holder shall have the right and option to declare -th-e Principal Balance, and accrued interest thereon, together with the a , 8 hereof, immediately due and premium specified in paragraph P Y a able but solely from the sources specified in paragraph g p h 11 hereof. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. iw- 13 . The remedies of the Holder, as provided herein and ig 9 in the Mort a e, the Assignment of Rents and Leases, the Guaranty, the Loan Agreement and the Construction Loan Y , ent are not exclusive and shall be cumulative and Agreem. � concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or . release thereof* 14. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed , by the Holder, and then only to the extent specifically set h in the writin . A waiver with reference to one event fort g shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event* IT IS HEREBY CERTIFIED AND RECITED that all cond i tlon s , acts and things required to exist, happen and be perform- e d precedent i to or n the issuance of this Note do ex 1st , have happened and have been performed in regular and due form as required by law. 13 w IN WITNESS WHEREOF, the City has caused this Note to be y dul executed in its name by the manual signatures of the . Y Mayor, City Clerk, and has caused the corporate seal to be , affixed hereto, and has caused this Note to be dated r , 1982. CITY OF MAPLEWOOD, MINNESOTA ATTEST: Mayor City Clerk (SEAL) 41 1.4 i PROVISIONS AS TO REGISTRATI P i j 3 The ownership of the. unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Maplewood, Minnesota, in the name of the 1 y holder last noted below. Date of Name and address Signature of City Registration Registerred owner Cl erk First National Bunk of Minneapolis First Bank Place East M innea of is, MN 55480 i j r r E? e �j i L' }� I t' is 1 i , 11 L _ N 1 C! a i fj 15 2-2. - The Note The Note shall be dated as of the date of delivery hall be payable at the times and in the manner, s and s hall bear P Y interest at the rate, and shall. be subject to such other term s and conditions as are set forth therein. -`• 2 -3. Execution. The Note shall be executed on behalf of the City by of its Mayor, City the signatures Y . Y 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 PP the delivery of the Note, such signature shall ne vertheless be valid and suf f icient for ,all purposes, the same as if he had remained in office until delivery. In the event of the absence or disabil it Y of the Mayor or the City Clerk or such officers of the City may as, in the opinion of the City Attorney, y act in their behalf, shall without further act or authorization of the City Council execute and deliver the Notes 2 -4 . Delivery' of Note The offer of the Lender to purchase the Note upon the terms recited herein-and in the Loan Agreement, at a price equal to the total principal amount of the Note, is found to be q reasonable and advantageous to the City and is accepted. Before delivery of the Note there shall be filed with 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 Rents and Leases; (E) the Construction Loan Agreement; (F) the Guaranty; and (G) a cost certificate signed by the Borrower certifying the use of the proceeds of the Note. 16 (2) an opinion of Counsel for the Borrower in scope and substance satisfactory to Bond Counsel and Lender as to the authority of the Borrower to enter into the transaction and other related matters; (3 ) P the o in ion of Bond Counsel as to the validity and tax exempt status of the Note; (4). such" other documents and opinions as Bond _Counsel may reasonably require uire for purposes of rendering its opinion q required in s (3) ubsection above or that the Lender may require for the closing* 2-5. Di silos i t ion of ' Note Procee ri Q There is hereby established with the Lender a Construction struction Fund to be held by the Lender as a separate fund City as of the provided in the Construction Loan Agreement* Upon deliver of the Note and the Series B Note, the proceeds P Y of the Note and the Series B Note shall be credited to the Proceeds Account of the Construction Fund held by the Lender on behalf of the City, at which time the entire principal amount of the Note and the Series B Note shall be deemed advanced . The Lender or the title insurance company identified in the Construction Loan Agreement shall, on behalf of the City, disburse f payment funds for the a ent of Project Costs upon receipt of s supporting such su ortin documentation as the Lender or such title company may d insurance P Y Y eem reasonably necessary, including com- . ance with the provisions of the Construction Loan Agreements pll , The Lender, said title insurance company, or the Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. 2 -69 Registration of * Transfer The City will cause to be kept at the off ice of the 9 City Clerk a Note Register in which, subject to such reasonable regulate Y ons as it may prescriber the City shall provide for the registration of transfers of ownership of the Notes The Note s a h l l * be transferable upon the Note Register by the Lender in person or g Y r b its agent duly authorized in writing, upon surrend- er of the Note together with a written instrument of transfer .satisfactory to the City Clerk duly executed by the Lender or s y its duly authorized agent* Upon such transfer the City Clerk shall note t 9 he date of registration and the name and address of the new Lender in the Note Register and in the reg i s era t ion blank appearing on the Note* 17 2-7. Mutilated, Lost or .Destroyed Note In case any Note issuedL hereunder shall become muti- la Y ted or be destroyed or lost, the City shall, if not then roh ibi ted by law, cause to be executed and delivered, a new prohibited 0 Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation . of such mutilated Nate or in lieu of and in substitution for such Note mu ' he Lender's paying the reasonable destroyed or lost, upon t P Y expe 9 nses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the CY City of evidence satisfactory to the City that such Note was destroyed. ed. or lost, and furnishingL the City with indemnity • satisfactory to it. 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 9 the Note is last registered in the Note Register and by nota- do n on the' Note whether or not such Note shall be overdue, as the absolute lute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption they purposes price or interest and for all ose s whatsoever , and o p P the City shall not be affected by any notice to the contrary. It 18 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3 -1. Prepayment The o y prepaid may Note be aid in accordance with the prov i- P s ions of the Note* H ARTICLE FOUR GENERAL COVENANTS 4 -1. Pay ment of Princi al and In terest. _ --�- The City covenants that it will promptly pay or cause aid the principal of and interest on the Note at the • _ to be p s from the source and in the manner provided place, on the date , tare payable herein and in the Note. The principal and interest . from and secured by revenues and proceeds derived rom solely r the Lo an Agreement, the Series B Loan Agreement, the Pledge Agreement, the Series B Pledge Agreement, the Mortgage, the Construction Lo g an Agreement, the Guaranty and the Assignment of Leases which revenues and proceeds are he Rents and . spec if ically pledged d to the payment thereof n the manner and t s ec • i f ied in the Note , the Ser ies B Note, the to the extent p Lo an A reement, the Series B Loan Agreement, the Pledge Lo g t the Series B Pledge Agreement, the Construction Loan Ag reemen , Agreement, Y the Guaranty , the Mortgage and the Assignment of Ren a nd Leases* and nothing in the Note, the Series B Note, or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 4 -2 . Perf ormance of and Authority f o Covenants . The City covenants that it will faithfully perform at all times a n y and all of its covenants, undertakings, stipula- t ions and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all • of the City Council pertaining thereto; that it is proceedings Y duly author i zed under the Const i tut ion and la ws of the State of • including particularly and without l imitation the Minnesota g P Act to issue the Note authorized hereby, pledge the revenues and assign th Loan Agreement in the manner and to the extent set forth in this Resolution, the Note and the Loan Agreement and P Agreement* that all action on its part for the . • Note and for the execution and delivery thereof issuance of the o has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable obligation of the City according to the terms thereof Y 20 4-3. 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 P rovisions pertaining to the City contained in the Note, . the Loan Agreement and the Construction Loan Agreement and subject to Section 4 -40 4 -4. Nature of Security iW r.. � . Notwithstanding anything contained in the Note, the • Mort g g a e the Assignment of Rents and Leases, the Loan Agree - nt the Pledge Ag reement or any other document referred to i me , g 9 n Section 2 -4 to the contrary, under the provisions of the Act the Note may not be payable f rom or be a charge upon any f unds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability Ym � thereon nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted tted b Y law, any of the City's officers, employees and a 9 ents . No holder of the Note shall ever have the right to a compel any exercise of the taxing power of the City to pay the p . No te or the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, g - upon any property of the City; and the Note sh all 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 p security thereof as provided in this g Resolution the for the securi , Series B Resolution, the Loan Agreement, the Series B Loan Agreement, the Pledge Agreement, the Series B Pledge Agreement, the Mortgage, the Assignment of Rents and Leases, the Construction Loan Agreement, the Guaranty and 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 an event, the agreement of the City to perform the coven- . Y ants and other provisions contained in the Note, the Loan Ag reement, the Pledge Agreement and the Construction Loan g Agreement shall be subject at all t imes to the availability of revenues under the Loan Agreement sufficient to pay all costs of such p erformance, and the City shall not be subject to any personal or pecuniary liability thereon. 21 ARTICLE FIVE MISCELLANEOUS 5 -1. Severability provision of this Resolution shall be held or If any deemed to be or shall, in fact, be inoperative or unenforceable - as applied in an particular case in any jurisdiction or juris- d ict ions jurisdictions Y or in all or in all cases because it conflicts with an provisions of any constitution or statute or rule or public pol icy, or for any other r eason Y • such c ircum- , , 0 stances shall not have the effect of rendering the prov is ion in question inoperative or unenforceable in any other case or P 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, cla uses or paragraphs in this Resolution contained , • not affect the remaining portions of this Resolution or s h all any part thereof* 5 -2. Authentication of Trans t. The of f icers of the City are directed to f urnish to Bond Counsel certified copies of this Resolution and all docu- ments referred to herein, and affidavits or certificates as to a 1 l of e h r matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certif i- f idavits including any heretofore furnished, shall Cates and of • g n constitute recitals of the City as to the correctness of all statements contained therein* 5 -3. Registration of Resolut The City Clerk is authorized and directed to cause a Resolution to be filed with the County Auditor of copy of this Ramsey County, and to obtain from said County Auditor a certifica to that the Note as a bond of the City has been duly entered upon his bond register* 5 -4. Authorization to Execute A r eements. The forms of the P roposed Loan Agreement, the Pledge Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage 9 and the Assignment of Rents and Leases are hereby approved in substantial) the form presented to the City Council together with such additional details therein as may be neces sar y appropriate and a ro riate and such modifications thereof, 22 deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents. The Mayor and the City Clerk of the City are authorized to execute the Loan Agreement, the Pledge Agreement, and the Construction Loan Agreement in the name of and on behalf of the City . and such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note. 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 the it behalf, shall without further act or authorization of the City Council do all things and execute all instruments 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: . ' , 19829 Mayor of the City of Maplewood Attest: City Clerk A. 23 lr f, MEMORANDUM 'Action by C ourlc i l : TO: City Manager FROM: Public Works Coordinator SUBJECT: Cancellation of Assessment lu- ---- -- DATE: July 30, 1982 R j octed— Date 4-y Staff has received a letter (attached) from Frank Cincotta requesting cancellation of a tree removal assessment. A review of project records reveals the following: Property Address: 1768 McMe.nemy Owner: Frank Cincotta 267 Roma Street St. Paul, Minnesota 55113 Property Code: 01710- 020 -67 Project: 80 -6 Page #: 330 Three elm trees were marked on Mr. Ci ncotta' s property on August 5, 19800 Mr. Cincotta was notified of this by certified mail on August 7, 19800 .These trees were still standing on September 2, 1980 when they were placed on the tree removal contractor's work list. They were not standing when an inspection was made to check on the contractor's work. Mr. Cincotta made no communication to staff at that time that he had removed his own trees. The City was billed, and subsequently paid the removal contractor a total of $171.60 for the removal of these trees. The amount of the assessment was $309.17. Notice of an assessment hearing was sent to Mr. Cincotta on July 1, 19810 This notice was not returned. No objection to this assessment was heard at the assessment hearing held on July 17, 19810 Mr. Cincotta has provided staff with dump receipts which appear to be reason- able proof that he did indeed remove these trees himself. Cancellation is recommended. 0 w i� PIN l- 1 I 9 1 t i - f ; t xv) � J i i f 1 . _ Q t MEMORANDUM TO: City Manager Ac ti o n T- Ac ,,lo �� Council FROM: Director of Public Works DATE: August 2, 1982 SUBJECT,- Tax Forfeit Property Dale The attached map shows the location of a tax forfeit parcel. The .property is in Knucklehead Lake, a City ondi n facilit i t p g y . I t i s recommended the Ci Council request conveyance of this ro ert for ' p p y pond�ng purposes. N a t I - + -- -- — 00 �� min < .0 . r, - lo I ' .� Q o' I, t ,0 1 OX3 Q� E fsEwz r t7 rlip 7r 'a Qv 4`' ' fV �R ti 1►� w ,s �, "- �• - 1% I� .• i i� 1� ._ Q� I< , 1 t � V [l.i 1 , 4 11 44 pZZ5 - �•+�+ —R ? t - r I i L A U I♦ I • r' r t i 3 b t s NOW - -, ,_ , F ` it 0 � �1 w f4 �- r -. / 01 1 1 p 1 .• t (Y / A ll I AV E. 020 x• j � 1 ' •. •c+ , , � t . t:. / t • 1 . 1 vv IF% F4 V � ►J ;,� r , 44• w ' jr A 20 w r � RV 135, 4 '� .� `� L �, CJ ,3 ' -► �' r ► •' !. t" 1171111111! U. • 0 P " ... (� n < Ali * l..S ^ r `� h t L - Av N a t I - + -- -- — 00 �� min < .0 . r, - lo I ' .� Q o' I, t ,0 1 OX3 Q� E fsEwz r t7 rlip 7r 'a Qv 4`' ' fV �R ti 1►� w ,s �, "- �• - 1% I� .• i i� 1� ._ Q� I< , 1 t � V [l.i 1 , 4 11 44 pZZ5 - �•+�+ —R ? t r L A U I♦ I • r' r fi► �" 1 ` , f t 020 x• j � 1 ' •. •c+ , , � t . t:. vv IF% r • ►J ;,� r , 44• r ' WHEREAS, the City of Maplewood has determined that the f 01 owing described tax forfeited ted l and is required for pondi ng purposes: _ Subject to road and easements, the North - One. hal f of vacated alley adjoining and Lot 1, Block 8. Smith and Taylor's Addition-to ti on- St. Paul (Code to North. No . 57- 68800 - 012 -08) NOW, THEREFORE, BE IT RESOLVED, that the ro er Cit officials are authorized p p y i s be and hereby orized to make an application for conveyance of said tax forfeited land for ponding purposes; and BE IT FURTHER RESOLVED, that the City Clerk be and hereby o y s authorized to file a certified copy of . n the Off this resolution. on and application for conveyance of said tax forfeited land i ' y Office of the Land Commissioner. s Action by Cou.Y - % '.1: MEMORANDUM _r, . RL CITY MANAGER BART J L � TO: BARRY EVANS FROM* CITY CLERK Date REGARDING: PRELIMINARY APPROVAL - INDUSTRIAL REVENUE NOTES - EMERALD INN { DATE: AUGUST 3, 1982 to F- / Developers of the Emerald Inn Project are requesting approval for a $1 . 9 500 9 000 0 In- dustrial Revenue Note to construct a 66 unit Emerald Inn econom y motel on Coun ty Road D east of White Bear AVenue. Representatives of Emerald Inn will be at the meeting to present their ro osal, P P This Application must be submitted to the Commissioner in duplicate, i p sate. STATE OF MI NNESOTA DEPARTMENT OF ENERGY, PLANNING AND DEVELOPMENT BUSINESS SERVICES Application` For Approval of Municipal Industrial Revenue Bond Project Date To:_" Minnesota Department of Energy, Planning and Development 6usiiaess Services 480 Cedar Street St. Paul , PIN 55101 The governing body f Maplewood R y , County of Ramsey Minnesota, hereby applies to the Commissioner of the State of Minne sota, Department of Energy, planning and Development, for approval of this community y proposed munit pal Industrial Revenue Bond Issue, as required by Section 1 Subdivision tear 474 Minnesota � ? , Chapter nnesota Statutes. We have entered into preliminary discussions with: Corpl ration or partnership to be formed ' Fi following eo le : J consisting of the Ju dson Da ton Chute Ed Chute , David Chute and Arthur B . ' Dr ' Address _ Johnson . City Minneapolis State Minnesota State of Incorporation Minnesota Attorne or sey & Whitne y _ Address Minneapolis, rinnesota Name of Project Emerald Inn Pro ect This fi is engaged primarily in (nature of business) real estate de velopment The funds received from the sale of I d • the Industrial a1 Revenue Bonds will be used to (general. nature of project) : acquire. land,, construct and a uir) a • q 66 unit Emeral i nn hat I t w i l l be. located - in Maplewood The total bond issue will be approximately $ it-5",r 000 • to- be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acqui sition and Site Development $ 2 2 5 0 0 0 Constructi Contracts 915 000 Equipment Acquisition and Installation 152,000 Architectural and Engineering Fees 2 Legal Fees - 50,000 Interest during Construction 4 0, 0 0 0 I Bond Reserve - 0- Contingenc i es -- 0 - Commitment and Letter of Credit fees 50,000 Development Fees 25 , 0 0 0 Utility Hook Up Charges 16,000 s • l ' APPLICATION /AGREEMENT FOR TAX EXEMPT MORTGAGE REVENUE NOTE FINANCING This Agreement i s hereby entered into . Y �� �� o between the Ci of Maplewood, Mi nnesota , - hereinafter called the City and Emerald Inn of Maplewood f called the "applicant". The appl i cant i s requesting financi i n f • g or a development .en t prod ect and des that the City issue notes according to the terms of ' g the Municipal c � pa l Industrial Development Act of 1967 as amended. In order for the appli • ppl � cats on to b e considered by the City the applicant cant hereby agrees to a involved in the legal and fiscal r p y all costs i 9 review of the proposed project and all costs i nvolved in the i ssuance of said notes to finance the ro •e p � ct. It is further agreed and understood that the Cit reserves ' an a p pl i cation i ca y the right to deny y pp ti on for f i na nd ng i n any stage of the proceedings prior to adopting the resolution authorizing the is suance of notes. p 1. APPLICANT: a, Business Name - Emerald Inn of Maplewood b. Business Address - 771 NE Hardin Street • Harding , Minneapolis, Mn 55413 C. Business Form (corporation, partners ole proprietorship, _ P � p p etorshi p, etc. } d . Authorized Representa - Cha ton Corporation, i • Y p on, 771 NE Harding, Mpls, Mn e. Telephone - 612/378 -2563 2. NAME (S) OF MAJORITY STOCKHOLDERS OFFICERS CERS &DIRECTORS, PARTNERS, PRINCIPALS. a. Judson Dayton b Duncan Dayton .c. Edmund Chute d. Fred Chute, Jr. e. David Chute f. Arthur B. Johnson 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: 66 -un • it Emerald Inn economy,_,_ motel similar to the Northrid a Emerald Inn at 694 & L -W Arden Hills . e�in�ton in (OVER) • r b. Is the project associated with an exist • Y t� ng Maplewood Bus yes s ? Yes No x If yes: Relocation Expansion Rehabilitation p n --- 5. AMOUNT OF CITY FINANCING BEING REQUESTED: 1 500 000 6. PURPOSE OF REQUESTED FINANCING: To con struct economy motel d. Business purpose to be . served To provide. modern attractive economical � , ~' sleeping. rooms, and-to provide jobs to the area, b. Public purpose to be served. 79 BUSINESS PROFILE: a. Number of employees in Maplewood: Full Time Part Time Before this project After this project - s b: Projected annual sales: $ 400 Co Projected annual pay roll: $ s. NAMES OF a. Financial consultant for the business: Don Zibell of 8ou lay , Heutmaker, Zibell & Company, Edina, Mn. b. Legal counsel for the business Dorsey Whitn y C. Corporate counsel Dorsey & Whitney 9, WHAT IS YOUR TARGET DATE FOR: a. Construction start: October 1, 1982 b .. Construction completion: April 15, 1983 Chayton Corporation, for Emerald Inn of Maplewood Name f Applicant Signature of Author i e d Representative rres�Renl `hQv�oh la ✓dcrk� ►U" T itle Dafe the following items must be submitted with this application to the Community Development Department: 1. A $500.00 filing fee 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 _ ' • C� ty C lerk, erk, Lucy 11 a Aurelius , 770 -4500 a 1 1 J A. Defi ni ti ons MORTGAGE REVENUE NOTE CRITERIA Adopted 10-16-8o 1. Existing Business shall be defined as a resentl o p eratin g P y p ng ' � ndustry or commercial enterprise with at least one year of operational onal th City his ' 20 _ New Business shall be defined as an in - y ustri al or comme which does not qualify as an existing business, enterpri se Ma B. Project Eligibility Guidelines 1. The project shall be compatible with the overall devel opment plans of the City, including the Comprehensive P l a n , Zoning, and Community ` Review Board Standards 2. The project shall not re ui re a significant ni f ' - q g i cant amount of public for City improvements • expenditures such as roads, sewers, and watermai n s 3. The project shall involve an existing business that the Cit ty wishes to expand or a new business which the City wishes to attract: a. Existing Business Criteria Any expansion, rel or rehabilitation of an existing business b. New Business Criteria 1. Offers significant new employment opportunities, based upon' the nature of the use y e ar around basis, or on a p 2. The project involves the rehabilitation of a vacant or scheduled to be vacated structure, or 3. The proposed location i s within a designated development ment p or redevelop - ment target area,, and 4. Possesses a low potential for creating pof l uti on, 4. The number of businesses of the same general nature in the area of the proposed project shall be considered in determi ni n the need for commercial revenue note financing, g 5. The note shall be for an issue of not less than $300,000 60 Construction must begin within one year of rel imi nar a P y pproval. i < 40 C. Application Processing Guidelines 1. Ci ty financing of the project shall be 1 i mi placement ted to the i ssuance of a s ingl e mortgage revenue note, to. be marketed as a rovate P 2. Final approval shall not be ranted - • 9 by the Ci C ouncil unto 1 the pro has received approval with res pect to zoni . n site d • gn, or lattin g e esign, building design, platting. 3 The . appl i cant shall sign a memorandum • of agreement providing ng that they w i l l pay all costs involved i n the legal and fiscal review ro ect and a1 view of the proposed project 1 costs involved ved i n the issuance of notes to finance project, ce the 4. The City reserves the rig to den a ny 9 y ry appl i cats on for financ 7g at any stage of the proceedings prior to adopting the resolution ' issuance of then g authoriz ng note. The . purpose of the above date is to evaluate our proposal policies. Y y P posal under City laws and p You may refuse to provide this data. Refusal, however, may jeo pardize 1 i cati on. � Y approval of your a pp The above information will be made public to all who request it, 2 '` • t. r � � • • . '� -.- te .. OF Are ?_A b0 - �.._...._.- _ �► -� ys lac 1 14 1 a 3 1 • J9 pp. as - - 1 • -- j 1 _ �.. 1 • -- w' '� • ? J A Y'a I 3 J ti 080 �' N • � � Z..34 is . coo • `� " ' • ' d 3 670 1 at 2 Gsa. t Y�, ` • NwFX. • .g5 164 M , - T • • `� ° W RL ` , Owls n p Q � ., i 1 6 5 �� 03D I► ivva!• Ep �•�►�FxEd A �V tiE YEG r '' 8 J t ` i ,,.ntl - O A,/.��[��� • V �"i �1,IAi. rvo�p Av /�9.• i'1 t w J. Z �. •4�,vE�(EO ♦ t �"� °'.: Y •. . 4. /g /P 74- �` •Oww Ep Tp fJr /'71 «'woop ��EX Elf !A1 • G ,. �,-� • t• ..4 MA at W00,0 . +�.� Ot�r oop °�► ���t,� .n s7 / :' �t • r • • •� Iw :... -r 32 4.2. • •. • ' 4m — — — �.. - fin" �l- 89' 36• os w. ss2 . z�• —. r.�J .'.!.'t .c , t . •!,� T $. J.20 G '►;3 i3T.a t J 4. VIP n o 140 5.86 a t. ?.47 ac. - e 26 4.4•o mr, • -� 3.81 a so S V) 00 IVI r cis in mac. �1 `,r � � � • v C-3 4 0. S} °° Cot !z 0 Of v h •+ �b A �a v •� J A m 1.0t o N _ a r o p yy���� 2G 9 ao 308 _ Std. Oil -Pipe L — , a — - -- i C. 147 sump 341 (•SLG • cW 00 r � ;� • o � '�. �.. � r,-�t • q c• , :, � - on o 1 I . • h ll f • ! OHO !, _ . Sj N i a 1 • ; OL • • : 6 ; NJ mod: ''� . �� .! 1 ., .- ., 1„ r N• ...t• i,i • � �� �'. � � r. '• !� ♦�` ' � 'i / ,' ! `1 � w. �• • t • � ��� •a �I � ., f + ♦�. �� ``w ,- i• rr t 'II . t /'• , •• .� y� \ � •1 � �. �..•Y •/ -�-. • • . ', 1 �. 24 4V •1• •'• •.,�, • •.' ! t ►�� , Y + • ��• • j t • I r r ! ' 1. r • f • •,1, + 1 • '� . ! T . a - >• title / i . !• / -1 .. 16 + •' _ 19 100. EMU . �. , • , • ,fir �'% •� , 1 �-- ►1 l • � � • , � ► '� r ' � ` • w � : r �_ .S-.r _ : r„� • + • 1. t • ' • 1 r + � ) � t •... ,. 1 �. r . � r I .� ': 1 • t' - .,fir'"' 7 • . w v., • •t ice` - . /' 1 � .. � ��� i� � .. r � � t ��` ` ' '� S �: �5� I� 1''' •� IT jw JL 41k. A MAIL 3 PL VOW.. INL , t . - r f ,�+ •ter J '•, • •.• ,� • a ' • j '1 r ! •1 ! , , 1' .�. .r ♦j' I _ `I t/ •r . Ii1 h •I� `S �.' • • J / • / .• '�, . •K h•j�t f 1 . , 1 er WWI .,' fr • - ' , a i • • • ; ti �y ► I ' r Ji • ' • + i. si' ��� r jr / . a , •�'•. � • �• y•. �, i , j' • S L t . �, • ;' *� ,• i .. .• • �I • «.r 17t. ,. � � • •• •, w .w� • + 1, . �� r. �t ,� •, •• • , � • ;,� . { '.. ,� ' A � ' �.. '�~• . • •. r �• If � r � I •1 ' .... , ,.. �• .a• � � s . , •� , • "'."� •4 , �• • +t .� •r� • � * .. / . • 1 ;• f � •7 .� •' �► . �- S a �R � • . �• T 1 ��h t * r . a . . • • OL ' ; t,,:r • �'� +• B► '• .. �• a .fI•� .• ,♦ �..I►� r••y1� t•:w'. 4 •w 1. F,. r IA. 0 IVA do • •* �• • • t ' + , ♦ ' ►` �� , • ' 11 4 1 �l AI dp 46 f 1 .. , fi ... ap ` r 1':.� ; �:. .� fJ' y� 1 1 �� '"• •� .. I . r 1 • l \. •I I�tw•t••.. F�s�'' • �1 , ,..'• r fir• 1� ' ' /ni % r �a •�• '; -!� /• ' {`f \ \• w� ��1� • • �..' r • w.t r •. , ! ' / t �'•(.'L�.`�„ •,•1'L�.+. 1 r RESOLUTION RECITING A- PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND _ DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474 Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined b y the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi. cally sound industry and commerce to prevent so far as po ssible the emergence of blighted and marginal lands and areas of chronic, unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the. needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Maplewood (the "City ") has received from Judson Dayton, Duncan Dayton, Fred Chute, Dr . Edward Chute, David Chute and Arthur B. Johnson, who propose to form a corporation or partnership the "Company") p .p y ) a proposal that the City undertake to finance a Project hereinafter described, through the issuance of revenue bonds in the form of a single debt instrument ("the Note" ) pursuant to the Act; (d) The City desires to facilitate the s elec - tive development of the rove community, retain and improve the tax base and help to provide the range of services and employment oyrient opportunities required by the population; and the Project will assist the City n achieving those y g objectives. The Project will help to increase assessed valuation of the C' . Po sitive relationship Ci ty and help maintain a I� ionship between assessed valuation and debt and enhance the image and reputation of the cormn ' unity; (e) Company is currently engaged in the business of real estate development, The Project p to be financed by the Note is an Emerald Inn hotel facility to be located in the City and consists of the acquisition of q land and the construction of buildings and improvements thereon and the installation of equipment therein • and will result In the en- ployment of 25 additional persons to work within t he new facilities; (f) The City has been advised re rese by p nta fives of Company that conventional, commercial financing the capital cost of the Project � to pay sect is available only on a limited bas and at such high costs of borrowing hat the • f ea s ibi l i t of er g e co - norm. c y op ati.ng the Project would be significantl reduced, but Company has also advised y this Council that with the aid of municipal financing, nd ' g, its resulting low borrowing cost, the Project is economically more feasible; Cgs Pursuant to a. resolution of the Cit Council adopted on Jul 12 1982 • Y a .public hearing on the Project was held on August 9, 1982, after notice was u ' ' p bushed, and materials made available for public inspection at the of f ice of the City Clerk, all as required q ed by Minnesota Statutes, Section 474.01, Subdivision 7b at which ublic hearing all those appearing who so P PP g desired to speak were heard; Chi No public official of 'the City y has either a direct or indirect financial interest in the Project ect n ' � or w111 any public official either directly • y o indirectly benefit financially from the Project, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follow • s . 1 • The Council hereby gives relimin P arY approval to the proposal of Com pany that the City undertake the Project Pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statu tes), , consisting of the ac ui- sition, construction and equi in of q Pp g facilities within the City pursuant to Company s specs f i.catio ' operations described above and to a revns .suitable for the enue agreement between the City and Company upon such terms and • conditions -with - �- , Provisions for revision from time to time as nece s s ary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Note - In the total principal amount of approximately $1 to be issued pursuant to the Act to finance the acquisition construction • the Project; nstruction and equippin o f and said agreement may also provide for the ' em an therein entire interest of Company Y n to be mortgaged to the purchaser of the Note; and the City hereby undertakes r • p eli.minarlly to Issue its Note in accordance with such term • s and conditions; 2 • On the basis of information available • It appears, and the to this Council Council hereby finds, ' that the Project constitutes properties, real and personal used or useful in connection with one or more revenue roduc ' b P ing enterprises engaged in any business within the meaning of Subdivision lb of Section 474.02 of the Act; that the Project sect furthers the purposes stated in Section 474.01, Minnesota Statutes- availability of the financing that the . g under the . Act and willingness of the City to furnish such financing will be a s inducement to comp to undertake the substantial p e Project, and that the effect of the Project, if undertaken will be to encourage the development of economical) sound industry try and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help p p seven t chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required b the Population, to help prevent the movement of talented and Y educated persons out of the state and to • where their services may areas within the State y not be as effectively used, to promote more intensive development and use of lam • d within the City and eventually to increase the tax base of the community; 3• The Project is hereby given preliminary . s Y g p uminary approval by the City -subject y ub� ect to the approval of the Project ect b the Commissioner of Energ Planning � Y " Commissioner " ), gY• ing and Development (the and subject to final approval • Com n and the pP by this Council, a p, Y• , purchaser of the Note as to the ultimate details of the financing of the Project; ! 1 4. In accordance with Subdivision 7a of s Section 474.01 Minnesota Statute , the Mayor of the City is hereby authorized and directed to submit the proposal for the ' Project to the Commissioner requesting his approval, • an pP and other officers, employees , d agents of the City are hereby uthorized .provide the Commissioner w' preliminary information as Y to lth such prelimi he may require; 5 • Company has agreed and it is her • -�- hereby determined that any and all costs incurred by the City n connection - f f the Y on with the Project whether or not the Project is carried to completion and whether or not approved b t • -' will be id PP Y he Commissioner Pa by Company ; 60 Briggs and Morgan, Professional Association, bond counsel, is authorized on, acting as to assist in the preparation and review of necessary documents relating o the - g Project, to consult with the City Attorney, Company and the purchaser of the Note as to the maturities, interest rates and other terms and provi s ions of the Note and as to the covenants provisions of the. and other necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure municipal funds on the of any Project other than the revenues derived .from the Project or otherwise ranted to the • J City for this purposes The Note shall not constitute a char e, lien o - - encumbrance, legal or equitable* 9 r encumb g q bl e , upon any property or funds of the City except the revenue and roceeds pledged thereof, nor � P P g d to the payment shall the City be subject to any liability thereon. The holder of the Note shall never have the right to compel any exercise of the taxing power of the City o on th Y Pay the outstanding princip e Note or the interest thereon, or to enforce payment thereof against any ro ert of t P P y he City The Note shall recit . e in substance that the Note including interest thereon, is payable solely rom the revenue evenue and proceeds pledged to the payment thereof. The Note shall not constitute a debt of the City within the meaning of an constitutional or statutor y limitation; Y 8. In anticipation of the approval b the Commissioner stoner and the issuance of the Note to finance all or a portion of the Project, and in order that completion of the Pr ' delayed when Project will not be unduly y n approved, Company is hereby authorized to make such expenditures and advanced toward a ent P ym of that A Y .Portion of the costs of the Proj • � t as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds .of of the Note if i f and when delivered but otherwise without liability n the . the Cit Y part of Y 9 • If construction of the Pro ' ect is • not started within one year from the date hereof, this resolution shall thereafter have no f force and effect granted is withdrawn. and the preliminary P ry approval herein - Adopted by the City Minnesota, this ouncil of the, City of Maplewood , day of 1982. Attest: Mayor City Clerk 1 • t i t+ S'K'ATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly ua ' . _... y q lifiied and acting Clerk of the City of Maplewood, ' - P wood, Minnesota, DO HEREBY CERTIFY that I have compared P the attached and foregoing extract of minutes -with the original • thereof on file in my office, and that the same is a full, true and complete transcript of the a minutes of a meeting of the City Council 1 • y l of said City duly called and held on the date therein • indicated, insofar as such minutes relate to a resolution • giving preliminary approval to a commercial facilities development ro 'ect. P � WITNESS my hand and the seal of said City t his his day of 1982. City Clerk ( SEAL) c ".dig• } t y < MEMORANDUM TO :. CITY MANAGER BARRY EVANS FROM: CITY CLERK REGARDING: HEALTH RESOURCES, INC. REVENUE NOTE DATE: AUGUST 3, 1982 - Action by Council: Endorsed PG Date A hearing to give preliminar a 1982 on the proposal o y PP rova 1 for Revenue notes was held on Januar P P f Health Resource Center, Inc. to constr y 21, ..center and on the proposal of Health Resource ct an ambulatory care urce Assistance Corporation to constru medical office building project. Since ct a the adoption of the preliminary resoluti Resources, Inc. has determined to combine on Health the ambulatory care center and the medic office building into one facilit and to al y change the ownership of the facility. M Y Hazelwood Properties, Inc. will own the land and "Maplewood Professional Limited Partnershi own the facility. (Hazelwood Pro p will perties Inc. and Maplewood Professional Buildin Partnership are related entities to Heal g Limited th Resources, Inc.) Because of these changes, Briggs Resources that it wa and Morgan, bonding consultants, advised Health s necessary to hold a rehearing n the r the adopted on preliminary resolutions that were g project and to amend the January 21, 1982. Hazelwood Properties, Inc. and Maplewood are requesting final approval P Professional Building Limited Partnership pp al at this time. P v • This Application must be submitted to - the Commissioner in duplicate. STATE 4F MINNESOTA DEPARTMENT OF ENERGY, PLANNING AND DEVE LOPMENT BUSI NESS SERVICES Application For Approval of Municipal Industrial Revenue B ' Bond Project Da to To. Minnesota Department 4ft Business Services 480 Cedar Street St. Paul, MN 55101 of Energy, Planning and Development The governing body of M 9 y P ,County of Rams Minnesota, hereby applies to the Com�mi ss i ones � --- . n of the State of M� nnesota, Department of Energy, Planning and Development, for a p p roval P pp 1 of this community's proposed municipal Industrial Revenue Bond Issue a s required ui red b - Cha Chapter 474 q y S ection on 1, Subdivision 1 v� si on 7 , p , Minnesota Statutes. We have entered into ref imi na . P ry discussions ons w� th . Firm HazelwiDod Properties, Inc. and Maplewood Professional Address 2696 Hazelwood Ci ty Maplewood State - MN 5 510 9 Bldg. limited partnership State of Incorporation Minnesota • Attorney Moore Costello & Add 5 5 ' rn nk . Bld ress E . 5th St. , St. Paul,N Name of Project Medical Office Buildin cl and Health Resource Center This firm is engaged rimari 1 i n P y (nature of business): health care and health related businesses The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project) : ac wire land . q and, construct and a ul a medical office buildin and • . care fac)))t It will be located in Map lewood • Minnesota The total bond issue will be approximate) $ 4 , 500 , 000 y to be applied toward payment of costs now estimated as fel s: Cost Item Amount Land Acquisition and. Site Development P $ 900,000 Construction Contracts & Developers Fee 3 2 Ac P s , 0 0, 000 Equipment quisition and - Installation 660,000 Architectural and Engi neeri - ng Fees g 0, 000 Legal Fees, Accounting & Consulting g 0,000 Interest during Construction - 5,000 Initial Bond Reserve --0 _ Contingencies 1 o 00 Bond Discount %,- . - 0 0 00 • Other- Equity sydicat' 11 ions and initi Q U ng marketi �----- - ------ Note: $1,050,000 will be provided from partners' equity Y AMENDED RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL, TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474, Statutes, known as the M innesota Minnesota Municipal Industrial Development Act (the "Act ") as found and ' le legislature determined by the g , is , on and encourag to promote the welfare are of the state b the ac tive attraction Y Bement and development of economi- cally sound industry and commerce to • emerg prevent so far as possible the emer g of blighted and marginal lands and areas o chronic unemployment; f (b) Factors necessitating the active ro p motion and development of economicall y, sound industry and commerce are the increasing concentrat of population in the metropolitan .areas and the rapidly rising increase ase in the amount and cost of governmental services required to meet the needs of t he increased P and the need for development of land use which will provide an adequate tax base to ' finance these increased costs and access to employment • opportunities for such population; (c) The 'City Council on January 1 1982 y � held a Public hearing on the proposal of Health Resources Assistance Corporation and Health Resource Center Inc. related corporations, that the City assist in financing a medical ' g cal office building and an ambulatory care and related health care center through the issuance of a Revenue Bond or Bonds or a Revenue No te or Notes hereinafter referred to in this resolution a "Revenue Bonds" pursuant to the Act • s (d) It is now proposed that the medical off' building and ambulatory care center be ice housed in one facility and that Hazelwood Properties Inc. and n Maplewood Professional Building Limited Partnership (the "Com an • "Company"), ) � related entities to the original applicants, undertake the project, (e) The City desires to facilitate the stile five development of the communit � y, retain and improve the tax base and help to provide the range ' o g of services and employment opportunities rtunities required by the Population; and the project ect ' assist the City In achieving P � will Y g those obi e�, tives . The prof tic t will help to increase assessed valuation of the City-and maintain a positive relat help Po ionship between assessed valuation and debt and enhance the image and re utat ion of the ' P community; (f y Company is currently engaged in the ` business of health care services* The ro ' ect ' the R P ] to be financed b y Re venue Bonds is a medical office building and an .. ambulatory care center including g - _ ing a pharmacy, ambulatory surgery, physical medicine, urgent care and laboratory ( the ory and .other related supp 0 PP facil "Project" to be located . .in the City, and consists of the acquisition of lan d and the , construction of buildings and improvements thereon and th installation of equipment the e , rein, and will result in the em- ployment of 90 additional persons to work within th e new facilities; Cgs The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only . y on a limited basis and at such high costs of borrowing that the economic feasibility of operating he Project g � would be signi f s cantly reduced, but Company has also advised this. Council t . hat. with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasib le; (h) Pursuant to a resolution of the City Y Council adopted on January , 19 8 2 , a public hearing on the . Project was held on January 21, 1982 and a rehearing August t 9 19 8 2 held on u g . , , of ter , notice , on at the City was published, and materials made available for public inspection Hall all Minnesota S Y � as required b Y Statutes, Section 474.0.1, Subdivision 7b at which public hearing all those appearing ho so • 9 desired to speak were heard (i) No public official of the City as either a direct or end. erect financial • Y interest in the P nor will any public official either directly or indirectly benefit financially � from the Pro ' ect • S (j) The preliminary resolutions adopted o P n January 21, 1982 for the ambulatory care center and the medical Office building are hereby amended and this resolution ' which follows is meant to be substituted in its entiret o y f r the Preliminary resolutions adopted on JJanuar Y 21 1982.. NOW, THEREFORE, BE IT RESOLVED by the Cit Counil of t City t of Map lewood, ewood Y c _ he _ Y P , Minnesota, as follows 1. The Counc it hereby gives pre) iminar approval t t Y PP o he proposal of Company - that the City undertake the Project ect pursuant to the Minnesota M � Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consi f ' g the ac qu i- s i t ion , construction and equipping of facilities within the City pursuant to Company's specifications ' . P suitable for the operations described above and to a revenue agreement between the City and Company upon such terms a • and conditions with provisions for revision from time to time as necessar to produce income and revenue Y ► so as s sufficient to pay, when due, the principal of and interest on the Revenue. Bonds in the total principal amount of approximately $4,500,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement provide for h � may also P the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City Y hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project Y constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises g P engaged in any business within the meaning of Subdivision la of Section 474902 of the Act; that the Proje e � ct furthers the ;purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Compare to undertake the Pr . Y oject, and that the effect of the Prod ect, if undertaken, will be to encourage the development of economical) g y sound industry and commerce, to assist in the prevention of the emergence of bl and marginal land, to help prevent chronic unemplo ent, to help retain and improve � the City Y prove the tax base and to provide the range of service and employment opportunities required b q Y the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State -- where their services may not be as effectively used, to romote more intensive development . and use of land within the City and eventually to increase the tax base of the community; Y 3. The Project is hereby given rel iminar approval p Y pP val by the City subject to the approval of the Project b th i � Y e C °m - missioner of Secu rities ties and Real Estate, -and subject to final approval by this Counc i 1, Compan , and the purchaser Y __ p a ser of the Revenue Bonds as to the ultimate &eta i.l s of the financing the Project; of _ 4. In accordance with Subdivision 7a of Section 474.01 ota Statutes - Minnesota , the Mayor of the City is hereby authorized and d to submit the proposal for the Project ec t to S � the Commissioner o f Securities and Real Estate, requesting er a g p- proval , and other officers, employees and agents is of the C authorized g C are hereby to provide the Commissioner with such preliminary information as she may require 5: Company has agreed and it is hereby etermined and all cos Y that any is incurred by the City in connection with the financing of the Project whether ' or not the Proj ect i to completion and whether J s Carried er or not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association act' band counsel and First Corporate Services acting as ! acting as p investment banker are authorized to. assist in the re aration and p p rev of necessary documents relating to the Project, to consult with the City Attorney, Company and the urchaser of the Revenue evenue Bonds as to the maturities, interest rates and other terms and provisions of the Re venue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre - p ared ' pursuant hereto shall authorize the expenditure of an municipal funds on the Project other than an the revenues derived from the Project or otherwise granted to the City for ' ur ose. The R Y o this P p Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, 9 9 q 1 e, upon any property or funds of the City except the revenue and proceeds led ed to t there p g he payment of, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the • taxing power of the City to pay the outstanding principal on the Revenue Bonds or the Interest thereon, or to enforce payment thereof against an of the Cit 9 • Y property y . The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest there is payable solely from the revenue n on, and proceeds pledged to the payment thereof . of any constitutional or The Revenue Bonds shall not constitute a deb of the City within the meaning t statutory limitation; t 8. In anticipation of the approval • pp by the Commissioner of d Energy, Planning and Development and the issuance of the Revenue Bonds to finance all or a portion of the Project, a in order, that completion of t 7 � nd p he Project will not be unduly delayed when approved, Company is hereby uthorized Y to make such expenditures and advances toward payment of that or ,,. of the costs of the Pro ' ect p t lon _ to be .financed from the proceeds of _ the Revenue Bonds as Company considers necessar incl ' Y• uding the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the art of t ' p he City: 9. If construction of the Project is not ' � .started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein ' ranted is withdrawn. ra Y Pp ere zn J wn. Adopted by the City Council of the City of Maplewood, " M innesota this • day o f , 19 8 2 . Mayor Attest: City Clerk S STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I the undersigned, being he duly qualified 9 y q lifs.ed .and acting Clerk of the City f Ma lewood M' Y A , innesota, Do HEREBY CERTIFY that I have compared the attached ' A and foregoing extract of minutes with the original thereof • on file in my office, and that the same is a full true and complete transcript of the minutes of a meeting of the City Council ' y cil of said City duly called and held on the date therein indicated, ' insofar as such minutes relate to a resolution ivin preliminary J g A ary approval to .a medical facil_i.ties project. WITNESS my hand and the seal of said City this clay of 1982* City Clerk (SEAL) FINAL NOTE RESOLUTION CITY OF MAPLEWOOD $ COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1982 (MAPLEWOOD PROFESSIONAL BUILDING LIMITED PARTNERSHIP PROJECT) Adopted: August 9, 1982 It ( The cover sheet and this table of contents are not a part of the attached Resolution, but are .included by Bond Counsel for convenience only. TABLE OF CONTENTS P age ARTICLE ONE - DEFINITIONS, LEGAL AUTHORIZATION ANDFINDINGS Section 1 -1. ........................... De f ini ti 1 Section 1 -2. Legal Authorization........... Section 1 -3. Findin s 4 Section 1 -4. .. Authorization and Ratification of Project 5 ARTICLETWO - NOTE ............................ Section 2 -1. Authorized Amount and Form Section 2 -2.. of Note .......................... The Note 7 Section 2 -3. ......................... Executi 17 Section 2-4. Delivery of Note Section 2 -5 . ............... . . osi Dep tion of Note Proceeds...... 1 � 18 Section 2 -60 Registration of Transfer...... • 18 Section 2 -70 •. Mutilated, Lost or Destroyed Section 2 -80 N ote. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Ownership f Note P 19 ..... . .......... 19 ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY... 20 Section 3-1. Prepayment .. ..................... 20 ARTICLE FOUR - GENERAL COVENANTS ............. 21 Section 4 -1. Payment of Principal and Section 4 -2. Interest ......................... Performance of and Authority 21 Section 4 -3. for Covenants.......,,,,,,,,,,,,, Performance of Covenants......... 21 Section 4 -4. Nature of Security............... 22 22 ARTICLE FIVE - MISCELLANEOUS Section 5 -1. ...................... ••. Severabilit 23 ,Section 5-2. ............... Y ...... Authentication of Transcript..... .... . P 23 23 Section 5 -3. ist Registration ration of Resolution....... 23 _ Section 5 -40 Authorization to Execute Agreements ....................... 23 SIGNAT URES ... ............................... - ......... s 24 NOTE RESOLUTION RESOLVED by the City Council of the City of Maplewood, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDING S Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the followin ' g m earrings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned t g o 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 P ' p as amended; Assi nment of Rents Leases the agreement to be executed b the Borrow — g y 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, innesota, or any other firm of nationally recognized bond counsel. and an opinion of Bond Counsel shall be a w y written opinion signed by such Bond Counsel; Borrower Maplewood Professional Building Limited Partnership, a Minnesota limited partnership, its successor surviving, p s' assigns, and any ing, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City the City of Maplewood, Minnesota, its successors and assigns; Construction Fund: the fund established b the City y pursuant to this Resolution and into the Proceeds Account of the Construction Fund the proceeds of the Note and the Series B Note will be deposited; Construction Loan Agreement the agreement to be executed by the City, the Borrower, the Lessor and the Lender rela to the disbursement and � � t 1 ng payment of Pro Costs for the acquisition, construction and installation of the Pro 'ect; Ground Lease Properties, Inc., executed on filed Guarantors Lutheran Hospital the lease of the Land between Hazelwood as lessor and the Borrower, as I and evidenced by a Short Fora Lease as Document No. ; Health Resources, Inc* and St . Jo Association; Guaranty collectively, the Guaranties of the Performanc of the Leases to be executed by the Guarantors as of the date of this Agreement; Improvements the structures and other improvements, including any tangible ersonal property, P p p ty, 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 nights described in Exhibit A attached to the . e oan A greement ; Lender: First National Bank of Minneapolis, in Minneapolis, Minnesota, its successors and ' assigns; Lessor: Hazelwood Properties, assigns under the Ground Lease; Loan Agreement the agreement and the Borrower, providing for the the loan of the proceeds thereof to amendments or supplements thereto mi provisions; Inc. and its successors and to be executed by the City issuance of the Note and the Borrower, including any 3de in accordance with its Mortgage the Combination Mortgage, Security Agreement and Fixture Financing Statement between the Borr ower ro er and the Lessor as mortgagors, to the Lender, as mortgagee, securing g payment of the Note and the Series B Note and interest thereon including any mortgage supplemental thereto entered into in accordance with the provisions thereof; Note: the $ Commercial Development Revenue ' ----- P Note of 1982, (Maplewood Professional Bu ilding imited Part nership ersh ip Project) to be issued by the City pursuant to this Resolution • Note Register the ,records kept b the City C1-erk Y y to _�. provide for the registration of transfer o ' Note; f ownership of the Plans and S ecifications the la • p ns and specifications for the construction and installation of the Improvements on the Land, which are approved by the Lender, together ' � 9 her with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary ry or desirable for the completion of the Improvements and are approved b the L pP y Lender; Pledge Agreement the Pledge Agreement to be executed by the City and the Lender pled ing and assigning the Loan Agreement to the Lender; Princi p al Balance so much of the rin ' P cipal sum on the remains unpaid a t any ti Note as time; Project : the Land and Improvemen as the m a t time exist; y y any Project Costs the total of all "Construction Costs" and - is "Loan and Carrying Charges, as those terms are defi In the Loan Agreement; Resolution this Resolution of the City adopted Aug ust y p g 9, 1982, authorizing the issuance of the No ' Not together with any supplement or amendment thereto; Series B Loan Agreement the agreement to be executed by the City and the Lessor, providing for the issuance of the Series B Note and the loan of the proceeds thereof to the Lessor, including any amendments or supplements thereto made ' a e In accordance with its provisions; Series B Note the $ Commercial Development -- Revenue Note ( Hazelwood Properties, Inc. Proj ect to b b the C' � � e Issued y C pursuant to the Resolution; Series B Pled e L2reement the a , reement to be 9 executed by the City and the Lender led in and a • P g g assigning the Series B Loan Agreement to the Lender, S 3 All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the desi - nated Articles, Sections and subdivisions i g sions of this resolution as originally adopted. The words "herein," "hereof" and "hereund- er" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivis- ion. _ 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 P 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 ll as more full described Y y cl cribed in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City as b this Resolution a Y Y authorized the Project and the execution of the Loan Agreement, the Pledge Agreement, the Note and the Construct ion Loan Agreement, which documents specify certain terms and conditions of the acquisition and financing the Project; (3) in authorizing the Project the City's purpose i y p p s, and in its judgment the effect thereof will be, to promote the p ub- l is welfare by: the attraction, encouragement and development g p ent 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 commun- ity's existing investment in educational and public service facilities; helping to provide necessary health care facilities (to the end that adequate health care services be made 4 available to patients at reasonable cost the halting of the movement of talented, educated personnel of all ages to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facil- ities; the provision of accessible employment ' � P yment opportunities for residents is in the area; the expansion of an adequate tax base to ~' finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community n which the Pr sit a ted, u y o�ect is (4) the amount estimated to be necessary to art ial l P y 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 aggregate rinci • principal amount of $3,000000 000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note for the purpose of financing the Improvements; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning f any constitutional or statutory y limitation and do not consti- tute or give rise to a pecuniary liability or a 9 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 are pledged for the payment of the Note or interest thereon; and (7) the dote is an industrial development bond within the meaning of Section 10 3 (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 nothin g herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted b law and consistent y o sistent with the objects and purposes of the Project. 1-4. Authorization and Ratification of Project The City has heretofore and does hereby uthorize the Borrower, in accordance y � e 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 acquisition, construction and installation of the Improvements by such means as shall be available to the 5 Borrower and in the manner determined b the e Borrower, and without advertisement for bids as may be required for the construction and acquisition of munici al facilit ' ratifies- � .and the city hereby , affirms, and approves all actions heretofore taken by the Borrower consist • ent with and in anticipation of such authority and in compliance with the F and Specifications. lane 19 ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note, The Note issued pursuant to this Resolution shall be -•• in substantially the form set forth herein with u ' s ch appropr 1- ate variations, omissions and insertions as are p ermitted or required by this Resolution, and in accordance with the further provis ions hereof; and the total amount principal t that may m be outstanding i P sly limited to unless a duplicate Note is issued P ursuant to Sec - tion 2 -6. The Note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1982 (Maplewood Professional Building Limited Partnership Building ership Project) S FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramse County, Minnesota (the "City " hereby "City"), , y promises to pay the First National Bank of .Minneapolis (the "Lender ") , its succes- sors or registered assigns (the Lender and any such successor or registered assignee being also sometimes hereinafter referred to as the "Holder "), from the source and in the manner hereinafter provided, the principal sum of DOLLARS ($ ) or so much thereof as remains unpaid from time to time the "Principal Balance"), ). with interest thereon at the rates r specified in paragraphs .(the " ,� P g phs 1 C a ) and 1(b) hereof Tax Exempt Rates") or at such higher rate . as provided in paragra 1 c here Rate"), P C of (the Taxable in any coin or currency which at the time or times of , a ent i a ent of i P � s legal tender for the P ym public or private debts n the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hereof through and including 19 me g �, rest only shall be paid at the rate of %per annum. Interest shall accrue from the date hereof and shall be payable on the f first day f the _calendar month next succeeding eding the date hereof and on the first day of each and every month thereafter through and including g , 19 w (b) Commencing on 1 19 and on the first day of each calendar month thereafter, the Principal Balance shall be amortized in e P equal consecutive monthly installments of principal and interest the amount of each of which is to be calculated on an assumed -year amortization with interest from 19 at the rate of 13% per annum and a final installment on August 1 19 g 92 (the "Final Maturity Date ") which shall be equal to the unpaid q p Principal Balance and accrued interest thereon. An p ay m ent shall be appl first to accrued y P � P c ued interest and thereafter to reduction of the Principal Balance. 8 (c)(i) In the event that the interest on this Note shall become subject to federal income taxation ursuant to a Determination of Taxability • p . y hereinafter defined), the interest rate on this Note shall be increased, retroactive) effective from and after the Date Y of Taxability (as hereinafter defined) to $ er annum, um (the "Taxable Rate"), provided, however, that in no even t shall .the Taxable Rate for any period be less than the Tax Exem t _ Rate otherwise in effect for the same e period. The City shall immediately upon demand pay to the Holder and to each prior _ Holder affected by such Determination P . on of Taxability an amount equal to the amount by which the interest accrued retroactive) at such increased rate from the Date Y of Taxability to the date of . payment exceeds the amount of interest actually accrued and pal g of the City shall survive the payment d to the Holder and any such prior Holder durin said period. (Such obligation g • in full of the principal amount of this Note). Commencin of the month next 9 on the first day following the date of .payment of such additional interest and continuing on the first day of each month thereafter (unless the Holder shall accelerate the maturity of the Note pursuant to clause (ii) of this ara ra ( this Note shall g Ph ll be payable as follows: (A) if amortization of the Principal Balance had not theretofore commenced under paragraph (b) hereof, the month) payments Y P Ym of interest only hereunder shall be increased to reflect the accrual of interest at the Taxable Rate and the monthly installments of principal and interest payable commencing with the 19 payment shall be recomputed on the basis of the Taxable Rate on an assumed year amortization; or (B) if amortization of the Principal Balance had theretofore commenced under paragraph (b) hereof, the monthly installments of principal and interest payable commencing with the next succeeding payment shall be recomputed on the basis of the Taxable Rate and amortization over the remaining portion of the original assumed amortization. Upon a Determination of Taxability, the Holder may declare the entire Principal Balance of this Note together with accrued interest thereon at such retroactively 9 increased Taxable Rate to be immediately due and a able l P y plus the prepayment premium, calculated in accordance with ara ra h 8 hereof., P g P (iii) The Holder shall give notice, as soon as practicable, to the Borrower of an Notice of Taxability, Y ility, as hereinafter defined, received by the Holder and ermit the -•• Borrower to contest litigate P g e or appeal the same at its sole _ expense. In the event any such contest, litigation or appeal is undertaken, the -increased interest provided in ara ra h P 9 P (b) (i) shall, nevertheless, be a able to the Holder P Y der and shall 0 be held by the Holder in escrow (without paying interest thereon) pending final disposition of such contest litigation g on .or appeal, provided that the Borrower shall indemnify nd y hold harmless the Holder and each prior Holder from any and all Penalties, interest or other liabilities which the incur on account of such contest litigation or app, Y may eal. (iv) "Date of Taxability" meanings ascribed to the date hereof (the Maplewood Profession; "Borrower "). The terms "Determination of Taxability, 11 Y and "Notice of Taxability" shall have the such terms in the Loan Agreement, dated "Loan Agreement "), between the City and al.Building Limited Partnership (the 2. In any event, the a ents hereunder P Ym shall be sufficient to pay all principal and interest due, as such principal and interest becomes due and to a ' to p ay any premium or penalty, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but charged y principal is unpaid for the actual number of days g . 3. Principal and interest and any premium due hereunder shall be payable at the principal office of the Lender, or at such other place as the Holder may designate in writing. 4. This Note is issued by the City to provide funds for a Project, as defined in Section 474.02 Subdivisions la Minnesota Statutes, consisting of the construction and equipping of a combination medical office facility, ambulatory care facility and related health care facilities, pursuant to the Loan Agreement, and this Note is further issued P ursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes, and pursuant to a resolution of the City Council dui adopted on August 9, 1982 (the "'Resolution"). Y 10 ' 5 . This Note and that certain $ Commercial mmerc ial Development Revenue Note of 1982 (Maplewood Profession Limited Part n e rship al Building 9 ership Project) (the "Series B Note ") are secured by two Pledge Agreements of even date herewith by y the City to the Lender (c ollectively, the "Pledge Agreements" CombMortgage, S � �' a Combination . Comb Stat ement, Security Agreement and Fixture Financing of even date herewith between the Borrower and Hazelwood Properties, Inc. (the "Lessor" under that ' round ) certain g lease betwen the Lessor and the Borrower, as ten ► tenant as mortgagors, and the Lender as mortgagee (the. "Mort a e ") b Ass ignment of Rena g 9 Y an Ass i g s and Leases, of even date herewith, from the Borrower to the Lender (the "Assignment of Rents and Leases") eases ) and two Guaranties of Performance of Lease from Health th Resources, Inc* and St. John's Lutheran Hospital Asso ciat i on, y to the L "Guaranty"). ociation, respectively ender (the The proceeds of this Note shall be placed in the Proceeds Account of the Construction Fund established pursuant to a resoluti on adopted August 9, 1982 b the City ty and the Construction Loan Agreement .( here inaf ter referred to) and disbursement of the proceeds of this Note from the Construction Fund is subject ct to the terms and conditions of a Construction Loan Agreement of eve the L g n date herewith among ender, the City, the Lessor and the Borrower ( the "Construction Loan Agreement" 6. The Holder may extend the times of a ents of interest and/or principal p � / p p 1 of or any penalty or remium due this Note, including y p, on the date of the Final Maturity Date, to the extent permitted by law, without not to or consent of any party liable hereon and without.releasin an such art g y party. However, in no event may the Final Maturity Date be extended beyond thirty (30) years from the date hereof. 79 The Borrower may prepay the Principal Balance in whole or in p part in increments of $100,000 on the first day f any month upon at least 30 days y y advance written notice to the Holder (or such lesser period of notice as the Holder may of an amount y approve) and upon payment unt equal to the principal amount being so prepaid, plus accrued interest hereon to the date of prepayment, plus the prepayment rem i um calculated c u 1 a ' a . P ted In accordance with paragraph 8 hereof. This Note is also subject to mandatory prepayment in whole or in part ursuant to Section L p coon 2.1 of the Construction Loan Agreement in the amount of any sums remaining. in the Proceeds Account of the Construction Fund at the Completion Date (as such terms are defined in the Construction Loan Agreement) , in which event a re a ent premium shall also be payable p p � p y ble in accordance with paragraph 8 11 hereof, and the time of such prepayment may not Ym y be extended pursuant to paragraph 6 hereof* Upon the occurrence of certain "Events of Default" under the Construction Loan Agreement and /or under the Mortgage, and as provided ' p ided in paragraph 12 hereof, the Holder may declare-the Principal p Balance and accrued interest on this Note and the Series B Note immediately due and a ab , _ to be i Y p y le (any such action and any similar action pursuant to paragraph 1(c) (ii ) hereof being - ' g rei.nafter r eferred to as an "acceleration" of this Note i • ) • n which ch event prepayment premium shall also be payable i a n accordance with paragraph 8 hereof. h Upon the occurrence of certain events of damage destruction or condemnation, the Hold Holder may, as provided in the Mortgage, apply the net proceeds of an insurance ion award to the Y or condern- nation prepayment, in whole or in part, of the Principal Balance in which event a re a ent premium P P Ym p emium may be payable in accordance with paragraph 8 hereof. 8. If at the time of any prepayment or acceleration of this Note, the yield � radon on U.S. Treasury securities (as published by the Federal Reserve Bank of. New York) k) having a maturity e . closest to the Final Maturity Date (the Government Yield"), , as determined b the Holder as Y of the date of prepayment or acceleration, is less than a a re $ . � the Borrower shall pay premium calculated as follows: a the amount of principal so prepaid shall be Mul b (i) wh i s P Y the amount b Y h % exceeds the Government Yield as of the date of prepayment or acceleration, times ' ' fraction, t ( ii) a on he numerator of which is the number of days remaining to the Final Matur y D ate and the denominator of which is 360, (b) the resulting product shall then ' be divided by the number of whole months then remaining to the Final Maturity Date yielding a quotient (the "Quotient"), , (c) the amount of the prepayment premium payable under this ara ra h shall be the present value e of prepayment on the date P g P or acceleration (using the Government Yield as of the date of prepayment or acceleration as the discount factor) of a stream of equal monthly payments in number equal to the number rnber of whole months remaining to the Final Maturity Date ' Y with the amount of each such hypothetical monthly payment equal to the 12 Quotient and with the first payment payable on the date of prepayment or acceleration notwithstanding the , no such prepayment foregoing, premium shall be g g P payable with respect to a prepayment made at the option of the Holder ursuant to Article e Five of the Mortgage or Section 5.02 of the Loan Agreement unless an Event of Default had occurred under the Loan Agreement or the Mortgage and remains uncured at the time such prepayment is made. 9. The payments due under paragraph 1 hereof shall continue to be due and a able in full until. 1 ' P Y i the en -tire Principal Balance and accrued interest due on this Note have been paid regardless of any artial prepayment P made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transfer- fer - able upon the books of the City at the of fice of the City Y Manager by the Holder in p or by his agent duly authorized in writing, at the Holder's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk duly xecuted b t Y Y y he .Holder or his duly authorized agent. Upon such transfer the City Clerk will note the date of registration and the name and address of the new registered Holder in the registration blank appearing pp Ong below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not. overdue, for the purpose of receivin g payment a ent of or on the account of the Principal Balance, redemption price or r oses, interest and for all other u and all such purposes, hpayments so made to the Holder or upon his order shall be valid and effective to satisfy and discharge the liability upon g y po the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 11. This Note and interest hereon and any premium due hereunder are payable solely from the revenues and P roceeds under the Loan Agreement pledged to the payment thereof pursuant to the Pledge Agreement, except as the same may otherwise be payable in accordance with, the Mortgage, the Guaranty and the Assignment of Rents and Leases, and do not constitute a debt of the City within the meanie of any y constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof and do not give rise to a pecuniary liability of the City or, to ' the extent ermitte p d by = law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel 1 an exercise p y e ercise 13 of the taxing power of the City to a this Note or to p ay the interest thereon, or to enforce a ent the ' p ym thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable g upon any property of the City, and the agreement of the City to erform v or cause the performance of the c P covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds ' furnished .for such purpose in accordance with the Loan Agreement, sufficient to pay all. costs of such performance or the enforcement thereof. 12. It is agreed that time is of the essence ce of this Note. If the City defaults in the payment when due of any installment of principal or interest t orany premium or penalty i due hereunder or the Series B Note and f said default shall have continued for a period of five (5) days, or ' Y if an Event of Default shall occur as set forth in the Mortgage, the Construction Loan Agreement or the Loan Agreement, then the Holder shall have the right and option to declare the Principal Balance, and accrued interest thereon together th e r with the t P premium specified in paragraph 8 hereof, immediately due and payable but solely from the sources specified in ara rah 11 hereof. Failure to exercise P g P such option at any time shall not constitute a waiver of the right to exercise the same at an subsequent time. y 13. The remedies of the Holder, as provided herein and in the Mortgage, the Assignment of Rents and d Leases , the Guaranty, the Loan Agreement and the Construction Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, 1 e and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 14. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its or remedies hereunder unless such rights g ch waiver is in writing and signed by the Holder, and then only to the extent s ecificall P y set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 14 IT IS HEREBY CERTIFIED AND RECITED that all ' condl- tions, acts and things required to exist, happen and be pP perform ed precedent to or in the - issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City as caused this s Note to ~' be duly executed in its name. b ' y the manual .signatures signatures of the Mayor, City Clerk, and has caused the corporate seal to p be affixed hereto, and has caused this Note to be dated 1982. CITY OF MAPLEWOOD, MINNESOTA oa Mayor ATTEST. City Clerk (SEAL) It V. 15 PROVISIONS AS TO REGISTRATION a / The ownership of the unpaid o this Principal Balance f ' Note and the interest accruing g thereon is registered on the books of the City of Maplewood, Minnesota, in the name of the holder last noted below. Date of Name and address signature g e of City Registration Registered Owner Clerk First National Bank of. Minneapolis First Bank Place East Minneapolis, MN 55480 s W 2-2* The Note, The Note shall be dated as of the date of deliver and shall be payable at the times and in the Y h manner_, shall bear interest at the rate, and shall be subject ect to such J other terms and conditions as are set forth therein. 2 -3. Execution, The Note shall be executed on behalf of the City tY by the signatures of its Mayor, City clerk shall be sealed with the seal of the City. In case an offi ' ear Y er whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall hall nevertheless be valid and sufficient for all purposes, the same p as if he had remained in office until delivery. In the event of the absence or disability of the Mayor or the City lerk or ' Y such officers of the City as, in the opinion of the City Attorney, m their behalf, shall w' Y Y� aY act in without further act or authorization of the City Council execute and deliver the Note. 2 -4. Delivery of Note The of f er of the Lender to purchase the Note upon the terms recited herein and in the Loan reenen ' g t, at a price equal to the total principal : amount of the Note, is found to b reasonable and advantageous to the City and is accepted e . Before delivery of the Note there shall be filed with the Lender the following items: ( 1) an executed copy of each of the following documents: g (A) the Loan Agreement; (B) the Pledge Agreement; (C), the Mortgage; (D) the Assignment of Rents and Leases; (E) the Construction Loan Agreement; (F) the Guaranty; and (G) a cost certificate signed by the Borrower certifying the use of the proceeds of the Note. 17 (2) an opinion of Counsel for the Borrower in scope P and substance satisfactory to Bond Counsel and Lender as to the authority of the Borrower to enter into the transaction and other related matters; (3) the opinion of Bond Counsel as to the validity d tax exempt status of the Note • and (4) such other documents and opinions as. Bond Counsel may .. y reasonably require for purposes of renderin its opinion 9 P required in subsection (3) above or that the Lender re ma wire 9 for the closing, may . require 2-5 . Di s os i t ion of Note Proceeds There is established in the Series B Resolution a Construction Fund to be held b the Lender as a separate r Y p ate fund of the City as provided in the Construction Loan Agreement. Upon deliver of the Note g Y and the Series B Note , the proceeds of the Note and the Series B Note shall be credited to the Proceeds Account of the Construction Fund held b the Lender o at w • n behalf of the City, which time the entire principal amount of the Note ..and the Serie B Note shall be deemed advanced. The Lender or the title insurance company identified in the Construction Loan Agreement shall, on behalf of the Cit disburse funds for the payment Project Costs upon receipt t of P P such supporting documentation as the Lender or such title insurance company may deem reasonably necessary, ' y cessary, including com- pliance with the provisions of the Construction Loan Agreement. The Lender, said title insurance g company, or 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 surrend- er of the Note together with a written instrument of transfer satisfactory to the City Clerk dui executed b the Len Y y n er or its duly authorized agent. Upon such transfer the City lerk shall note the date y of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note, 18 2-7. Mutilated, Lost or Destro ed Note _ .._. In case any Note issued hereunder shall become muti- lated 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 o for such Note destroyed or lost, upon the Lender's paying he reasonable expenses and c • g• p charges of the City in connection therewith, and in the case of a Note destroyed or lost, the film with the e h City of evidence satisfactory o the C' h y City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or los y t _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 i the Note s Last registered in the Note Register and by nota- tion 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 an notice to the contr Y ary . 19 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3 -1. Prepayment The Note may be prepaid in accordance with the rovi- ~' s ions of the Note, P It 20 ARTICLE FOUR GENERAL COVENANTS 4 -1. Payment of'Princi al and Interest The City covenants that it will promptly pay a or cause to be paid the principal of and interest on the Note at the place, on the dates, from the source and in the manner P rovided herein and in the Note. The principal and interest are P Y a able solely from and secured by revenues and proceeds derived from the Loan Agreement, the Series B Loan Agreement, the Pledge 9 Agreement, the Series B Pledge Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty nd the Assignment ssignment of Rents and Leases, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Series B Note, the Loan Agreement, the Series B Loan Agreement, the Pledge A reement the Series B P g g • s ledge Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage and the Assignment of Rents and Leases ; and nothing in the Note, the Series B Note or in this Resolution shall be considered as assigning, pledging 9 9• P1 grog or otherwise encumbering any other funds or assets of the City. Y 4 -2. Performance of and Authority for Covenants The City covenants that it will faithfully perform at all times any and all of its covenants, undertakings, sti ula- 9 • P tions 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 including particular) and without limitation Y n 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 and the Loan Agreement .and 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 obligation of the City according to the terms thereof. 21 4 -3. Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement g eeinent 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 a Agreement subject to Section 4 -4. g and 4 -4. Nature of Security Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Rents and Leases the . Loan Agree - meet, the Pledge Agreement or any other document referred to in Section 2 -4 to the contrary, under the rovision P s 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 roc p eeds pledged to the payment thereof, nor shall the City be subject to an liability y thereon, nor shall the Note otherwise se 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 N 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 Ym a ent there_ of P against any property of the Cit and the N y ote shall not constitute a charge, lien or-encumbrance, legal or equitable, g q e, upon any property of the City; and the Note shall not constitute a debt of the City ithin the meaning Y an i ng of any constitutional or statutory limitation; but nothing n the g Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution _Series B Resolution the he e Loan Agreement, the Series B Loan .Agreement, the Pledge Agreement, the Series B Pledge Agreement, g the Mortgage, the Assignment of Rents and Leases, the Construction Loan Agreement, the Guaranty and the Act and b authority of the Act the City has made the covenants and Y agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City o e y perform the coven - ants 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 f revenues under the Loan Agreement sufficient Y g fficient to pay all costs of such performance, and the City shall not be subject to an pecuniary liability Y personal or P ry illty thereon. 22 ARTICLE FIVE MISCELLANEOUS 5 -1. Severabilit . If any provision of this Resolution shall 'be held or deemed to be or shall, in fact, be ino erative or unen force • P _ as applied in any particular case in any jurisdiction or juris- di.cti.ons or in all 'urisdictions r a 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 circum- stances shall not have the effect of rendering the rovision in question inoperative or unenforceable ceable in any other case or circumstance, or of rendering any other provision or provisions P p isions 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 remaining portions of this Resolution or any part thereof. 5 -2. Authentication of Transcript The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all docu- ments referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary o evidence the validity of the Note. All Y such certified copies, c erti f i- cates and affidavits, including any heretofore furnished shall constitute recitals of the City as to the correctness of all statements contained therein. 5 -3. Registration of Resolution The City Clerk is authorized and directed to cause a copy of this Resolution 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. 5 -4. Authorization to Execute Agreements The forms of the proposed Loan Agreement, the Pledge Agreement, the Construction Loan Agreement, e g eer�ent, the Guaranty, the Mortgage are hereby approved in substantially the form presented to the City Council, together with such additional 23 details therein as may be necessary nd appropriate and Y such modifications thereof, deletions therefrom and additions thereto as may be necessary and appro riate and approved P PP ed by Bond Counsel prior to the execution of the documents* T Clerk o he Mayor and the City y f the City are authorized to execute the Loan Agreement, the Pledge Agreement, and the Construction nstruction Loan Agreement in the name of and on behalf of the C' 1ty and such other documents as Bond Counsel considers • _appropriate in connection with the issuance of the Note. In the eve_ nt of the absence or disability of the Mayor or City lerk such ' _ of the City s in Y h officers y the opinion of the City Attorney, may act in their behalf, shall without further Y act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed b such absent sent or disabled officers. Theexecution of any instrument by the appropriate officer or officers of the City ere ' d Y in authorized shall be conclusive evidence ence of the approval of such documents in accordance with the terms hereof. Adopted: August 9, 1982 Mayor of the City of Maplewood Attest: City Clerk A 24 A 1 MEMORANDUM . TO: City Manag Action by Council: FROM: g r Associate Planner.-Johnson SUBJECT: Code Amendme n En�or ed DATE: ent - Home Occupati June 11, 1982 Ioaz�lod Rejecte Dat Bac kground round �= At the May 20th • y Council meeting, Council - whether to authors Ze ho person Joker directed Staff me occupations by li cense to evaluate by special exception ermi to the applicant ra the r p tg which runs with the the than land. Staff Pro osal a . the present zoning .Rain • rement for a ho Retain g code � requ� • zed by a speC1dl exce tion me occupation to be P permit. 2. Annual monitori • and l cens i ng by Staff for • permit conditions. All home � , compl�z ante w special exce �n mit conditions. licenses would be eption Feb subject b� e c t to renewal 3• Appeal to the City Council • y nci l of licenses censes that Staff would revoke. Anal sis The City Attorney's opinion � ni ' s that the special excep T the compatibility p on i • 1 and use perms t process due vehicle for init questions � nvol ved, .should be r ' t� as home occupation approval. etai ned as the Thereafter, permit renewal licensi • vat. (See attached opinion nion ewal by 1 i censi n o s p •) 9 permissible. A license i s a right that ' • � s d col t to deny, i .met. The f conditions special exception permit on for approval are be denied on the b the other hand, i s a ri vi asp s of land use cons � d P 1 ege that may requirements-for approval considerations, even though the g eneral City p can be met. Thus,the s 9 al y more control than would licensing. edal exception gives the ens � ng Staff renewal of home oc recommend cupati ons, fol i ti al Co ' ed. There are generals no unc�l approval, is y problems with compl that attention Staff renewals would also redo require Council unnecessary reports. and a reduce Council's ` s work load and elimi would ppl i cant appearances befog revoke a perm t, the a 1 i e the Where Staff Council. PP cant would have the right of appeal before the 9 The most important element with s nt i n assuring that home o • urrounding land uses, is the ad ccupati will be compatible oper - ati onal restrict o ptio n and continuing enforc Mons. The Zoning Code sho of sound restrict based upo oul d be amended to p n the present Planning Commi such atta chment.) 9 ssion's guidelines. (See The Council' s'houl d also consider rei nstati n + Previously $30,00, A fe an applicatio fee. The f w home occupations are p f ee was p entry bein gene • rmati on.) The charge f re ( ID See reference info 9 wed by li cense, news 1 is $25.00. Recommendation I . A'dopt the enclosed zoning code amendment which: A. Defines home occupation -- BB Establishes home occupation operational p 1 requi rements = C. Retains the special exception on as the vehicle cl e for approval II. Adopt the enclosed code amendment which authorizes Staff to annually renew home occupations by license, including all previously approved requests. Y pp III Authorize Staff to reinstate a $30.00.fee for home occupation on a ' p applications. -2- REFERENCE INFORMATION i Existing Code Section 904.010 (4) and (5) of the R -1, Residence Distri • Code permits (S�ngle Dwelling} Offices of professional persons when located i n h t e dwel g of that profes&i onal person or .persons, and when authorized b the l f- y ul governing body. 5. Art Studio, photography studio or - p y other artistic c pursuits conducted i n the residence or accessory building, but only upon the securing of a Counc 9 Perm t to be i ssued by the Vill age Past Actions 1. In 1973, a subcommittee of the Planning ommission • 9 developed a home occupation . ordinance. (See enclosed report.) This report was sent to ' _for . P the City. Counci comment, without Planning Commission approval. Council sent the r to the Staff for "stud and report y possible ordinance structure. No further action ,was taken. 2. August 21, 1978: The Planning Commission considered another home occupation ordinance drafted by Staff. No further action was taken. (See enclosed report.) 30 May 20, 1982: Council person Juker directed Staff to eval uate whether to . authorize home occupations by license, rather than special exception p cept� on perms t. City Cl erk Council has authorized the licensing of businesses ,including ncl udi ' resol uti � ng home occupations, b y on. I n the past, a few home occupations have received license r n License renewal for all a e ewal s . L� ap proved home occupations has not occurred at the Council's direction. (A l i s t of past renewals is attached. Prnrodi roc Planning Commission: Recommendation City Council: First reading and a public hearing (at least three votes) Second reading and adoption (at least four votes) mb Enclosures: - 1 . 1973 Planning Commission Subcommittee Report.- - Present i ' P Cu del�nes , 2. Proposed Ordinance Amendment - Zoning Code 3. Prop g p ed Ordinance Amendment - Licensing Code 4. Attorney's Opinion - 3 - PLANNING COMMISSION SUBCOMMITTEE REPORT The Planni Commission concurs with the need for an appropriate definition of a occupati It is also felt that while home certain occupations require the issuance- of a special use permit, .other activities such as those e chat do not have any of the foil l owin should be allowed without a permit: g 1. Employment of any person not residing • �d�ng �n the dwelling unit 2. Customers visiting the premises — p es 3 =_ Manufacture cture of products on the premises, _ .. - R •= The PlInni ng Comni ssion ro oses - P p the following ng gui del i nes for a Home Occupation Home Occupation requiring a permit is defined n . - � ed as that occupation conducted � n a welling unit involving the manufacture and/or d - / s a l e of a product or Service, sub ect to the following l imitations: I. Is conducted on a continuing asis ' 9 that � s, for more than 30 days out of the year. 2. Not more than one person other than members of the f amil y- residing ng on the premises shall be allowed to engage i n such ' occupat 3. The use of the premises for the home occupation e shall be clearly incidental and subordinate to its use for residential ur ' o P poses by �_ts occupants, and no more than an area equivalent to 20,E of the dwelling nit floor • the conduct of the home o g r area shall be used � n occupation, 4. There shall be no change in the outside or is � de appearance of the building or remi ses other visible evi dence of the conduct of p ' such home occupation other than one .sign, not exceeding two square feet in - ar - a, non-illum um� Hated, and mounted flat against the wall of the principal pal bui l di n . 9 5. There shall be no retail sal es es of products produced off site i n co n with such home occupation, n ect�on 6. No traffic shat] be generated b s • n greater volumes than . n a reside Y c . h home occupation i would normally -be expected i � d ' ent� al nee ghborhood, and the need for off - street parking shall not exceed more than three at' off- street park* ing spaces for the home occupation ion at any given time i n addition to the ar ants • P ki ng spaces required by the resident occupants; ; i n no event shall such number of off - street parking spaces exceed a total of five such spaces for the premi and shall be off of the stree other than in a required front Y ard. 7. No _equipment or process shall be used in such home occupation which creates . nog se, vibration, glare, fumes, odors or el ' � electrical interference detectable to the normal senses off the lot, if the occupation i s • .family residence, or outs ' P conducted i n a s � ngl e s - outside the dwelling -unit -if conducted i - single .�f�rni l - residence.. - - - I n other than a n the case of -electrical ectri cal interference no equip- ment or process shall be used which creates visual or audible interference in any television receivers off the premises, - - l ne. voltage - off the prem P ses, or causes fl uctuati ons i n u r s 8. No fire, safety, or health hazard ' shy 11 ex ist t for the residents of the d ' unit, customers, or employee. we] i ng ORDINANCE NO, z AN ORDINANCE AMENDING CHAPTERS 904 AND 916 OF THE MAPLEW OOD MUNICIPAL RELATING TO HOME OCCUPATIONS - IONS THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS-FOLLOWS: SECTION 1. Section 916 (Definitions) • • on : is hereby amended - to i t1he fol lowing subsection: include ... 2. 21. Home Occupation. An g 1 Any 9 u occupation engaged in b an o - unit when 9 y occupant of a dwelling e the occupation is secondary to the main use of the premises as - a residence. Such occupation may be conducted within a dwelling unit or accessory structure. SECTION 2. Section 904.010 is hereby m d y ended as follows (language to b deleted is crossed out, language to be added is underlined): } 47 --- BffiEes ef prefess�eea4- persees - whee - • eEated - �e - the- dwe�� }eg -ef -that P fefess4e na 4- pefsen - er - persees; -and- whee- aether4z - - - eve���� -be - ed by the �awf�� 9 9 dy . �: -- Apt- st�de;- phetegapby- stele -er- ether- - art }st�E pease }ts- EeedaEted e- the- res�deRee- er - aeeesse ba4Idie - -b - _ _ _ e�r�� - - _ • _ 9 � et eery � the seEe��eg- of -a- p t to be *ssued by- the -V41 }age- EeweE4.l- 4. a. Home o ccupati ons shall require a special excep ' n of th P Pti on perms t for a y e followin activities which would occur more tha thirty days each ear: 19 Emplo merit of any person not residing on the premises 2. Customers visitin the premises 3. Manufacture of _ projects on the remises 4. A vehicle(s) used in the home occupation, , and parked on the re mises, which exceeds a. one -ton a load ca acit Home occupations which do not involve any of these ma be permitted ese act�v�t�es p without a permit. b. Home occupations requiring ri n a Permit shall ' i be subject to, but not 1 mz ted to, the following ui remen : I. Not more than one erson, other than member fami s of the fame res i di n on the remises shall 11 b • a e allowed owed to engage e i n such occupat 2. An area equivalent to no more than 20% of each level of the dwellf unit floor area shall be used in the conduct - of a home Occupation. 3. There shat 1 be n h the de appearance Qf • building or premises, that would indicate the conduct of a ome occupation, other than one meeting tie re uirements of te _ - 4. Limited retail 1 sa 1 es of Pro ' _ p t produced off =site may be -� permitted, but only when subordinate to the ri nci P al -77- activi� OT the home occupation. 5. No traffic shall be generated by a home occupation i n rea P g ter volumes than. would normally be expected i n . a residential neighborhood. The need for off - street arkin shall not exceed more t �� than three off - street arkin s aces for home occup at any given time, in addition to the arki n P 9 s aces required by the resident occu ants. 6. No a u i ment or Process shall be used in such home occupation which creates noise, vibration, lare fumes od ors, electrical interference detectable to the normal senses off the l ot. In the case of electrical interference, no equipment or p rocess shall be s used which creates vi sual or audible inter ference i n a _ py radio or television receivers off the premises or causes fluctuations in line vol tage off the premises. 7. No fire, safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combos P combust e ngines, bod shops, machine shops, welding, ,, ammunition manufacturing or other objectionable uses as determined_ b the City. Machine sho s y are defined as pla ces where raw metal is fabricated, using machines that operat n more than 120 volts of current. - 9. Any violation of these requirements shall result in the denial or revocation of the home occupation 10. The City may waive any of these requirements if-the home occupation is located at least 350 feet from an adjoin' n residential use. 11 Approval shall be fora period not to exceed one ear. Renewal shall be subject to the provi si ons of Secti 826 of the Ci t Ticensi y -t SECTION 3. Section 904.010 is hereby amended to renumber subsections 6 and to subsections 5 and 6. SECTION 4. This ordinance shall take effect and be in force-from and after its passage and publication, as provided by law. Passed by the Maplewood City Council this day of ,1982. Attest: Clerk Mayor Ayes - Nays - ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 826 OF THE MAPLEWOOD MUNICIPAL CODE RELATING TO LICENSING HOME OCCUPATIONS SECTION 1. The licensing Code of the City f Maplewood i Chapter 82 y p s amended to add p 6. 826. HOME OCCUPATIONS - 826.010 ORIGINAL APPROVAL. Original approval • 9 pp of a h ome occupation shall be granted by special exception perms t, in accordance with the ' of Section 904.010 (4a) and * (4b prov of the Zon ing Code. 9 . a 826.020 RENEWAL. A l icense shall' be secured from the Ci ty C1 erk, annual in the month of February, to continue operation of a home occupation, patron, once original approval is granted, including approvals ranted prior g P or to the enactment of this ordinance. 826.030 LICENSE REVOCATION. The Cit y Clerk may revoke or refuse to renew a home occupation license where there is evidence of noncompliance pl ance with the conditions of the original approval. 826.040 APPEAL. The owner or his assign of a home occupation p n who � ' s denied a license renewal , may appeal the City Clerk's decision to the City Council, To request an appeal, the owner of this home ' occupation must submit a written letter of request to the City Clerk,, within thirty days of the license r onrenewal. evocation or n y SECTION 2. This ordinance shall take effect and be in force from ' and after its passage and publ i cati on, as provided by law. Passed by the Maplewood City Council this day of 1 982. Mayor Attest: 6es y - C_1 erk Nays - : It LAIS, BANNIGAN & CIRESI, P. A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5T14 AND CEDAR SAINT PAUL. MINNESOTA '55101 DONALD L. LAIS JOHN F. BANNIGAN. JR. JEROME D. CIRESI PATRICK J. KELLY June 9, 1982 Mr. Randall . John son Associate Planner City of Maplewood .1902 East County Road B Maplewood, M 55109 Dear Mr. Johnson: This is in reply to your letter of June 2, 1982 concerning licensing of hcme occupations. AREA CODE 612 224 -3781 You first asked whether or not licensing home occupations would present any legal problems that authorization by spec i - 1 exception permit would not. It is my opinion th th City loses some control over the operation of these businesses within homes or residential districts by doing to the l lcen s ing system as opposed to granting special permits Under the spec ial permit we can impose spec if is control s of the spec if is site and 1 unit the arrount of time that the use can proceed including the hours of operation. We can also call in the permit and cancel it under the existing ordinance if there are violations, As I read the proposed ordinc;r es, there isn't any provision in here for revoking the 1 icen se an case of violations of the conditions and I believe that it would be well to inc lude a provision in the ordinance which would allow the Council to impose additional conditions on any specific l icen see in the event of difficulties arising in the future. In other words , we can probably take care of some of the 1 ega 1 problems cn control by putting in a little additional language in the proposed ordinances., O the other hand, I believe that the licensing, if it's administered as 'I would expect it to be under this licensing Act, that is, ind y upon request of a person's meeting the requirts, then it would present fewer legal problems than are possible under the special excption permit = - gas you have a set of standards and it would be no claim of arbitrariness or :di.scrmnination as is possible when the Council denies a special exce . ption permit . ''I believe that the requirements for a. license should be a of th f pa e t licensing code, however, I would suggest an amendment to your proposed ordinance 916.010. I believe that • t it should read a f. s follows: 4 . That any home occupation, meaning any of the following criteria shall require the 1 i.cen se and be subject to the addit ions of Chapter 826 of the lL j t City Code . Then, I would go down cn the items that you have a, b, c and d are okay, however, stem e. would require licensing uhere any individual conducts his or her business within the home for more than thirty days a y ear . This would seem to be counterproductive and that it then would require the licensing of all those other people we tend to exempt from the require mt, of the licensing by the other criteria. .I wonder whether or not it was intended that item. e. come into play when items a, b, c or d are involved fora period of more than thirty days per year. This does seem to be ambiguous and should be clarsf ied. Variances to the requirements would be possible if adopted as part of the licensing code, however, it would require an amendn nt to the code unless the licensing code provided within its conditions a means of granting a variance. Perhaps that's what I am alluding to the f irst part of mY opinion concerning additional conditions that the Council might impose on a party operating under a license. It seems to me that some rovision should be made in P the l icensing s s.ng c ode for some adjustments to particular condition or pecul situations, Sincerely, S BANNI KnL Y, P.A. ald L. Lass kmr Action by Council* .. Endorsed c� MEMORANDUM 110 d i ]E* i e d_._,..._.____..._ Rejected TO: CITY MANAGER BARRY EVANS Dane FROM: CITY CLERK REGARDING: KENNEL LICENSE — RICHARD LANG, 366 LARK AVENUE DATE: AUGUST 3 1982 Richard Lang, 366 Lark Avenue, has applied for a small kennel license. Mr. Lang is one of the City's Police Department Canine Officers. He currently has the police dog at his home plus a family pet. He proposes to obtain a pup to train to become a future police dog. Since that would be a third dog on the premises, he was advised to obtain a kennel license. Investigation by the animal control officer indicates no reason that a license can not be granted. It is recommended that the license be granted and the fee for this license be waived. Iti ' r NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Maplewood City Council at its meeting of Monday, August 9, 1982, at 7:45 P.M. in the Council Chambers of the Maplewood Municipal Building, located at 1380 Frost Avenue, Maplewood, Minnesota, will consider and publicly hear the request for a Kennel License for: APPLICANT: Richard J. Lang 366 E. Lark Avenue Maplewood, Mn. 55117 PROPOSAL: To provide housing for three (3) dogs (2 personnal pets and 1 City of Maplewood Canine Dog) LOCATION: 366 E. Lark Avenue ANY PERSONS HAVING INTEREST IN THIS MATTER ARE INVITED TO ATTEND AND BE HEARD CITY OF MAPLEWOOD, MINNESOTA Publish: Maplewood Review — July 28, 1982 -CITY OF MAPLEWOOD, MINNESOTA, 1380 FROST AVENUE, 55109 APPLICATION FOR DOG KENNEL LICENSE NAME R i chard J. Lan ADDRESS-- -•- 66 E . Lark Avenue Ma lewo od mil 11 TELEPHONE NUMBER ?71-5239 NAME OF KENNEL N PRESENT ZONING OF PROPERTY ON WHICH KENNEL IS LOCATED Residential LEGAL DESCRIPTION OF PROPERTY ON WHICH KENNEL IS LOCATED Dawsons Suburiban Acre Lots S 100 Ft of'Sec Lot 3/Town BlY 29 CAPACITY OF KENNELS (BY NUMBER OF ANIMALS) 3 io s 2 ersonnsl dos - 1 Cit of ode. lswood Canine Doi KIND OF SERVICES PROVIDED None QUALIFICATIONS AND EXPERIENCE OF APPLICANT FOR OPERATING KENNEL BUSINESS Do not plan on operating kennel 'business REMARKS The undersigned applicant makes this application pursuant to all the laws of the State of Minnesota and such rules and regulations as the City Council of the City of Maplewood may from time to time prescribe. DATE _ July 5, 1982 0 - tki—te..' — -_ - SI NATURE OF APP' CANT LICENSE FEE - $25.00 for original (first) application or year, $5.00 per year thereafter. Approved by the City Council on the day of , 19 RECEIPT NUMBER LICENSE FEE PAID LICENSE NUMBER Persons notified for dog kennel license for 366 E. Lark: Sebena, Inc. Roger & Elizabeth White 13042 -1.05h St. N. 2224 McMenemy St. 55117 Stillwater, Mn. 55082 Thomas Syrstad & Leanne Lupelow Valter & Sebena Sitko � ) 347 Laurie Road 55117 359 Lark Avenue St. Paul, Mn. 55117 Henry Menne 357 E. Laurie Rd 55117 Donald J. Clark 350 E. Viking Drive R P Varhalla Maplewood, Mn. 55117 365 E. Laurie Rd. 55117 Gerald & Phyllis Jose Donald Brown 367 E. Lark 55117 375 Laurie Rd. 55117 Ronald J. & T. Svendsen John Fitzpatrick 359 Lark Avenue 55117 383 E. Laurie Rd. 55117 Ellen H. Nordwall David'& Cynthia Beckman 376 E..Viking Drive 55117 2225 Arkwright St. 55117 Steven W. Mary Lou Thureson 375 E. Lark Avenue 55117 Gary & Diane Donatell and_ George & Georgia Solnitzky 380 E. Vik Dr., 55117 A. Willenbring 379 Lark Avenue 55117 Joseph F. Pilarski 396 E. Viking Dr. 55117 Albert C. Johnson 388 E. Viking Dr. 55117 Eva Kaar 394 E. Lark Avenue 55117 Michael S. & Janet Busse 384 Lark Avenue 51517 Mark & Lynn Ettl 376 E. Lark Avenue 55117 Richard & Peggy Lang * ** Applicant 366 Lark Avenue 55117 Beverly J. Braun 358 Lark Avenue 55117 Michele M. Farmer --a-- �r - 2244 McMenemy Rd. 55117 !� E O. MAPLEW0 D POLICE DEPARTMENT SUPPLEMENTARY REPORT DATE REPORTED TIME REPORTED OFFENSE ORIGINALLY REPORTED Kennel Permit r g uegt OFFENSE CHANGED TO COMPLAINANT /VICTIM 1ADDRESS REPORTING OFFICER BADGE # SQUAD MULT. CLEARANCE EURTHER ACTION /REPORT REQ. YES.. N O_ YES _ NO Rick Ru z icka Ma s i, - STATUS -" - CLEARED BY ARREST NOT CLEARED_., UNFOUNDED___.__ EXCEPTIONAL CLEARANCE r NARRATIVE: SWOW CASE DEVELOPMENTS SINCE LAST REPORT. IF PROPERTY, EVIDENCE OR WITNESS IDENTIFIED, USE PAGE 2 OFFENSE/ INCIDENT REPORT. IF SOMEONE IS ARRESTED, USE ARREST /CITATION REPORT. IF-OFFENSE CHANGED, EXPLAIN WHY. IF MULTIPLE CLEARANCE, LIST ALL ORIGINAL CASE NUMBERS. Officer Dick Lang, 366 L. Lark Avenue, Map lewood* officer has #wp German Shepard and.on house dog in the rear of his property':. .He has two kennels set up to hold the dogs uite comfortably. officer Lang's yard and area is kept quite clean and I have never received any complaints on prble_ms here , Of f icer Lang wants to get another G erman Shepard which will make three dogs which he needs a kennel ermit to keep these does I think he should be granted the permit without anv +a uest io ns . Rick Ruzicka Animal ' ntrral office t F ! r -, MEMORANDUM TO: FROM: SUBJECT: LOCATION: APPLICANT: OWNER: PROJECT: DATE: City Manager Thomas Ekstrand -- Associate Planner Swimming Pool Setback Variance 2588 Stillwater Road Pacific and Patio Dennis Josephs Front Yard Swimming Pool July 28, 1982 Action by Council: Endorsed— Modified Rei ected_., Date SUMMARY OF THE PROPOSAL Request Approval to locate i n- ground ool within the thirty rty foot front yard set - back. i The proposed pool would be sixteen feet from the front lot l i n e resulting n a variance of fourteen feet. Proposal Refer to the enclosed site plan and the applicant's i cant's 1 etter dated June ne 29, 1982. CONCLUSION Issues The minimum front yard setback requirement for swimming pools serves to keep sight lines unobstructed so the neighborhood has a uniform and orderly appear- ante from the street. It also helps to prevent a nuisance and offer c riva to neighbors who may find i P •y 9 y t objectionable to always have a swimming pool in view from-their front yard. In this instance, however, a pool in the front yard would not directly impact y P any residential nei-ghbor. The proposed pool location would be screened from the house to the east because of the existing growth of mature trees. The property across Stillwater Road is commerical and would not be affected b y the pool as a dwelling would. The remaining neighbor across Glendon Street has a street separating their yard from the applicant's so the roximi t of the pool P y p } to their house should not be a problem. As the applicant has pointed out, there are water table P robl ems which would hinder the placement of the pool east and southeast of the house. Further- . more, the fenced yard, east of the proposed pool site, has man y tall mature trees which would be a shame to lose if the pool were to be placed in that location. V i s i b i l i t y at the corner would not be affected by the pool. The ro ert presentl P P y P y has a hedge . bordering the site on the west and north which al -r-ead creates a Ir- visual barrier. y Recommendation Approval of the swimming pool setback variance for Denni Josephs of 2588 Stillwater Road on the basis that: 1. Th proposed pool would not hinder dri vers' visibility at t • e � ntersect� on , 2. Strict enforcement of the Code would cause undue hardship ecause there P ere � s no other feasible location for -the pool due to trees or a high water table; 3. The intent of the Code would be sati sfied since would not be an nei'ghbori ng homes with a clear vie of the pool. -2- BACKGROUND Site Description 1. Lot Size: 22 square feet 2. Existing Land Use: Single residence and garage e 9 9 Surrounding Land Uses Northerly: Stillwater Road and Maple Oaks Funeral Home Southerly Single family dwellings Easterly: Single family dwelling Westerly: Glendon Street and si ng.l e- family dwellings This is the first request the City has received for a swimming pool variance in the front yard setback area. DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation : RL, Low Density Residential 2 . Zoni ng : R -1, Residence District (Single 1 wet l i ng ) 3 . Section 912.110(a) of the Zon i n g Code states that pools shall not be located within any required setback from any public street. 11 4. State law requires that the following findings n s be made before g a variance can be granted: a. Strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration . b. The variance would be in keeping with the spirit and intent of the ordinance. Procedures 1. Recommendation by the Planning Commi ssi ob 2. Public hearing by the City Council jW Enclosures: _ 1. Location Map s 2. Property Line Map 3. Site Plan date- stamped 6 -29 -82 4. Applicant`s Letter dated 6 -29 -82 -3- F: 68 E. KARYLAN VF- a WARYLAXLE Ito. IVY AVE. Trailer Court (Private) 212 D AVE, E. 120 %Jill 'E ROSE AS 0 9 I Vq if 6 wanow 0:1 2] :1 ply amm'-ft ANN=== if 3 M ss ., MATCH U NE im LOCATION MAP t 3 rs&jww AV9)1 [q ,�s 34 MARGARET 7 A AV A . •+ 7 !' . ...Zip ..�.�.. .. � � 3.3U..�.. •• 1 r .! " � � ` 090 � e• � � � s � l C ^^ �V �tS�� 3f.� _ z -N 1 2� •• o� �+ •, . 1,�..s, _ , 27 �. f � � p L t o S o 100 __ �• � 165.S� `. s• - � ,gyp . • w� �i •�i.iL"" _ .. a .► y - : 7�C no t 1 ` at t - jb _ �v•j , ip Q'� 4 O ct 4 :«N 3 14 . ! 5 S Z t(• 3'"� -4.0`1 • � _- / .,o :_ =cc: !F 3S 9c . 3% c U t o O 4 , �► !,�� f U4 V t u 4 O '1 + SS {� • a t di dq � s ,f t� �10 _ D f rw rt 0 4 = j D tDU B4�60. X33 : ;? .s. �2.�. d � 16 1 1 c'� • 3 s ... o 7 07 i 1� rw e 4 3t E 5 + JG n Ate d /r� X04 9 _ ~f G1 b� �Z,S 56�. , SSA.. - • 5 16 . of s�.,.. _ e� .� � � � � � ; 32 3 fa 3 �Si ~ Y1 h -7 _ 13 _ 2 _1 t "� ti O t r 09C l s IQ IL _ j3 O- C o c ri — i - ol ` J �_ J �T. o� o �, 21 1 30 •— 3 t f L C 4 g o 'S • �j i 3 - . • 94 94 92 5 . t5T t 80 ��� 22 23 p 7G 7p V4 1 3 2 30 )o H ARVESTER ��� 03 ,�2 ,3z 33 l ! Sao. �o h w_ 161 - 11 •+ i .� *c Q o LO o i3t.�3 60 tS► �; 13t_73 t.0 r" t3�,6 � t �., 33 33 I 0 � t!1 tly L ' I I 2 i 0 • D :E 7 S 3 0 3 JjJV Ad �R _IL PROPERTY LINE MAP N 11 4- Trees CD Fence SITE PLAN JUN 2 9 1982 N PACIFIC POOL & PATIO 6922 - 55TH STREET NORTH NORTH ST. PAUL, MINNESOTA 55109 June 29, 1982 City of Maplewood RE: Requesting a front yard variance for construction of an inground swimming pool at 2588 Stillwater R.d. , Maplewood, Reasons for request: A. The area directly behind the house is to small to accomidate a pool of any size. This being res g ult of the placement . of the house on the lot, B. The east & southeast areas of the lot have ear -round water table robl i y problems. The result being that the soil s always saturated. The construction of a pool these areas could not be considered feasabl.e. -The proposed ool ill be an in-ground round st P g structure e and will -not impair an adequate supply of light and air to adjacent property. The proposed pool p p p would be 16 ft. away from the utility easement and over 65 ft. away from Stillwater Road. Tim Lawler Pacific Pool & Patio Representative J MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Action by Council: Thomas Ekstrand -- Associate Planner _ Endorse Code Amendment - -Bu i 1 di ng Relocation Ordinance July 30,'1982 = Mo dz l e d,.____r_.,____ Rejected._.... Date Introduction Request On July 12, 1982, Council placed a three month moratorium on house moving and directed Staff -to prepare an ordinance to regulate this. Problem The reason for this ordinance is because of a rece e t p ropo s a l to move an older home into a newer Ti l sen neighborhood. This proposal concerned nei hborhood residents, felt th g s ince they e proposed house to be moved would not be comaptible with their new homes, Objectives of the Amendment To establish criteria controlin the moving of a house or ' assure: 9 9 garage in order. to .l Compatibility with the neighborhood the structure would be moved to • 2. The repair of streets and public property, should y 9 an damage occur; 3. An opportuni for neighborhood input. Recommendation Approval of the enclosed ordinance regulating ati n house and garage ' 9 9 g ge re1 ocati ons . Reference Information Exi s ti nq Requl ati on The only requirement to move a house i Maplewood is an inspection by the Buildin Official to make sure it meet or can be made to meet the Building Code. Previ to adopti ng the Building Code, Maplewood had a local ordinance requiring rin a et • signed. b 60;6 f q 9 p �t�on si g y o the property owners wi.thi n 500 feet of the site to which a building was to be moved. A bond and cash escrow were also - sure reconstruction, requi red to en - defray-administrative costs, and guarantee street repair, Suave Refer to the attached survey of metropolitan communities closest to Maplewood . p ewood �n population on and of those. commune ti es adjacent to Maplewood, Procedure 1. First reading by the City Council 2. Second reading and adoption by the City Council ic Enclosures: 1. Proposed Building Relocation Ordinance 2. House Relocation Survey of Metropolitan Communities Closest to Maplewood in Population 3. House Relocation Survey of Adjacent Metropolitan Communities OPOINANCE N0. r AN ORDINANCE REGULATING THE MOVING OF HOUSES AND GARAGES IN THE CITY OF MAPLEWOOD THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN • AS FOLLOWS. Section 1. Section 202.250 i s hereby added t ' - y . o the Maplewood =Code to read as follows: BUILDING RELOCATION Section 202.251. PERMIT REQUIRED TO MOVE BUILDING. No er over p son shall move a house or garage any highway, street or alley ey i n Maplewood, without first receiving approval from the City. e Section 202.252. APPLICATION. An applicant shall submit a • building relocation application form and the following materials: 1. A petition of acceptance signed by at least 51% of the owners of property located within 200 feet of the site upon which the building ' 1a p ld�ng 1s to be p aced. . 2. A certified abstractors list, l i sti n all p roperty own ' g p p y ers and the mailin addresses wit hin 200 -and 350 feet of the ro ert to which i s to be m o v ed, p p y the buildi ved. 3. A legal description of the ro ert to • P P y which the building is to be moved. 4. Photographs showing all four sides • 9 of the building di ng and a dimensioned mens � oned s 1 to plan showing the proposed placement of the structure on the e new site. 5. An application fee to be set by City Council resolution b. A cash escrow deposit of $100.00, which shall be used for defraying o efray� ng costs incurred by the City in inspecting the building and propert i The inspectors, and any other officials whose inspection s required, shall inspect the building and be reimbursed q ' imbursed at a rate of $15.00 for each hour .involved in making their inspection. I f an of the excrow pay ' y p yme t requ i red is not used the amount remaining shall be returned to the applicant, Section 202.253. PLAN REVIEW AUTHORITY. All applications i cations for ' locations shat subject pP building 1 d� ng re- 1 be subject to the approval of the Community Design Review B The Board shall hold a u y 9 w oard. publ 1 i c hears ng on any apploi cati on for building relocation after notice of such hear has been u ' published i shed i n the offic al newspaper at least ten (1 0) days before the hearing. Notices shall also be mailed to each of the owners . of property .within 350 feet of the property for which the building ' 1 d� ng rel ocat� on i pets ti oned, such notices shall be mailed at least ten ( 10) d ( ) before the hearing, The Boards deci shall be final, unless appealed to the ' ap pp City Council by the a pp , ci ty staff or any affected person, within ten days after the Board's decision. Section 202.254. SUBMITTAL EVALUATION. l . To recommend approval of an a 1 i cation the Board m • ; Pp � must make the fol 1 owe ng findings. a. The proposed building is compatible with those i n the neighborhood ' . g orhood �t would be moved to. A determination of compatibility shall be based on comparing the structure's exterior siding, height,"-mass and sty le of construction to the average home in the nei ghborhod to which the house is to be moved. b. That all City Code requirements can' be met. C. That water runoff from the site will not cause an adverse effect on surrounding properties, 2. The City, in its action for approval, may require compliance with an y or all of the following conditions, or any additional conditions that are deemed necessary: a.. Cash escrow or an irrevocable letter of credit of u to $J,000.00 p to guarantee any street repair that may be required resulting from damages caused by moving the building. b. Lot l ines shall be verified b - the a pplicant i cant ' y pp by visible 1 bl e property stakes or a survey. c. The petitioner shall furnish an irrevocable letter of credit or cash escrow 1 1/2 times the estimated cost of remodeling, refinishing, or otherwise constructing or reconstructing such building in accordance with the plans and specifications. With this surety, - i t shall be further conditioned that the work will be completed eted within ninety d of p y y the issuance of the permit. d, All rubbish, materials, extra fill, dirt, debris or left over material shall be removed from the property within fifteen days after a b u i l d i n g i is removed from a site in Maplewood . e. Any excavati or basement left after a house is moved from or within a lot in Maplewood shall be filled in within fifteen days, unless a permit is approved to move another house onto said excavation. Any uncovered basement or excavation shall be fenced, Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council of the City of Maplewood, Minnesota, this day of 19820 Mayor Attest: Ayes- - City Clerk Nays -- HOUSE RELOCATION SURVEY A Survey of Seventeen Metropol i tan 'Cities Closest to Maplewood in Population Ci t `Staff Review for Council Hearing y No. Design 9 Review Conducted Compatl bi 1 ty Required 1. Coon Rapids 29 : Rosev i l l e 3. Burnsville 4. Plymouth 5. Brooklyn Center 6. Fridley 7. Blaine 8, Crystal 9. New Brighton 14. New Hope 11. Golden Valley 12. White Bear Lake .13. Apple Valley 140 South St. Paul 15. Eagan 16. Maple Grove 17. Columbia Heights x x x x x x x x Staff decisions may be appealed to the City Council. P. A signed petition i s requi red from surrounding land owners x x x x x x x HOUSE RELOCATION SURVEY A Survey of Eight Adjacent Metropolitan Cities City No Design *Staff Co . 9 Review for Council Hearing Review Conducted Compat bi.l it -y Required. 1. White Bear Lake x q 20 North St. Paul x 30 Oakdale x 4. Woodbury _ x P 5. Newport x 6. Roseville x 7. x - P 80 St. Paul x * Staff decisions may be appealed to the City Council P -A signed petition is required from surrounding land owners A� f PAGE 2? , WEDNESDAY, JULY 14,19M _ TIIE WALL STREEI © 1982 Dow Jones & CO In finny, .411 Righ. B usiness of e oc a In g Houses I s Do 11 ein the S un Be HILE THE REST of the housing industry back, home movers in fast-growing � i s flat -on its their business is rolling rowing Sun Belt areas say . specialized g tight along. What's helping this Pe group of businessmen who move houses, not household goods, from one site to another? ' Progress and economics. Vhen existin g homes by highway construction or commercial development, threatened can buy houses at distress -sale evelopinent, home movers sell. and relocat��th Prices, and then em for consumers. For their part, consumers say Y paying is land, a house, relocation and repair often is less costl y than t On raditional route to home ownership. "We're seeing ng more public interest in the .bidding process when we dispose of dwellings, and more residents ret aining • P° . d ellings, their houses," says an official of the Federal Highway Administrate ' Right of Way. "'This is one way to find a dece n ' s Office of Into. the real estate market." ens home without going "How else can you get a 1,200•square-foot, three-bed r hree•bed r home for Iess than 510 ?" asks Mi riam Mooney, a for cep tionist who arranges these deals for friends eep Although costs and saving nd datives. their clients say he total � vat' widely, home movers and Y price of a relocated home can shave as much as 40% from the cost of building or buying a home. . LEARLY, THIS ISN'T an alternative fo this: The relocation process re wires r everyone. Consider foundation with a hydraulic q lifting a home from its then y raulic hack, sliding steel beams under- aeath , en moving the load onto an oversized trailer Brick facades, chimneys and all masonry must be ried • left behind. A Larger home is sawed P off; porches are sheared to meet height r in two; sometimes a roof is gfi requirements. "It getting more complicated every day," comp lains etta Wingate, a home mover from Church Poi ' , Henri - were power lines to contend with nt • �• first there lines." .then television lines, now cable There are other complications. fl� a movers or represented by a national trade � • aren regulated .prices vary widely. (An average s�iation, so ,credentials and rage rate is $3 to $7 a square foot.) Homes can't be moved on interstate highways, sized-load regulations va among and because over � home g states, counties and districts, hovers must obtain home iti tain permits from a variety of transportation es. Home movers —not their customers— should carry in ance for public liability and property damage, to sur cover er sional felled telephone pole. Trick roads c the occa escorts often are wired • cost ove rruns � cause delays; lice .: �'e9 erruns are always a posse ility. MEMORANDUM TO: City Manager FROM: Associate Planner -- Johnson SUBJECT: Special Exception Permit--Used Car Lot 1 . 0 LOCATION: Beam Avenue and Highway 61 PPLICANT /OWNER: Fred and Frank Macal us :DATE: June 30, 1982 A. Action by Councii :. Endorse Nodii'ied.�.. 4 Rejected._., Date SUMMARY OF THE PROPOSAL A special exception permit to operate a used car lot. The existing would be converted dwelling e to a sales office. CONCLUSION Analysis The proposed used car lot would not interfere with the planned development of this area for light manufacturing and warehouse uses. The only significant improvement to the site would be to pave a a rki n 1 of P 9 No new buildings are proposed. This use would be easily converted to another use. Further, there is no significant difference between the proposed use and the existing Toyota dealership and Sparkle Auto Used Car Lot located in the same vicinity, that would justify denial. Site and screening considerations w i l l be addressed by the Community Design Review Board, Recommendation Approval of a special use permit for the operation of a used car lot at the northwest corner of Beam Avenue and Highway 61, subject to: 1. The requirements of Section 805 of City Code, pertaining to issuance and renewal of licenses for the operation of used car lots. License issuance and renewal shall be subject to any conditions to be imposed under the Communit y Design Review Board Ordinance. If a license has not been obtained within six months, special exception permit approval shall be null and void unless extended by the City Council, Special exception permit approval is subject to renewal � one year fol 1 owi ng license approval, - 3. Dedication of a 100 by 100 foot ondin easement in of the si te. P 9 the na`rthwest corner 4. Dedication of a ten foot wide storm sewer easement along he western boundary y of the property. 5. Payment of a deferred water. assessment of $782.95 plus interest for ro 'ect #75 -16. P 6. Before an occupancy permit will be issued an off - street - twelve foot wide trail easement shall be dedictated if State highway r f- be used and an ei h �. •� g y 9 o way cannot g t foot w� de� asphalt trail s.hal l be constructed, subject to the approval of the D irector of Commune ty Services, along the easterly frontag of this - y 9 property. T 2 - BACKGROUND Site Description Size: 1.74 acres with .225 feet of frontage and 31� feet 9 on the. Highway 61 right -of -way of frontage on Beam Avenue. Existing Land Use: A single dwellin Easement: Twenty foot wide san' itary sewer easement across the southwest corner of the property. (See-.Map two . ) Surroundi Land Uses North: A farmstead, planned for Bus • Warehouse and Zoned light manufacturing. 9 East: Highway 61. Across Highway hwa 61 a • l 9 Y � golf course and a single a dwel l i n panned for service commercial and business warehouse g ' _ rehouse uses. South: Toyota car dealership P West: Single dwelling on a .84 acre e lot with 115 feet of frontage on Beam use. Avenue, planned for business warehouse g Past Actions 11- 21 -74: Council approved pp a used car l (Sparkle Auto) at 3065 H� hwa 61 subject to : Highway I. A detailed landscaping 7 • p an shall be submitted for staff review and a This plan shall provide for 6 inch high c ppr - oval . ing areas; 9 concrete curbs around all landscap- 2. .Areas shall be designated display and patron • • g for both used car di on street parking i s to be permitted. The parking. No e used car display area shall main- tain a 30 foot setback from the easterly r ' 3. -All drive acc Y H� ghway 61 property line; essways shall 1 be a minimum mum of 32 feet in width. Permission the State of Minnesota shall be obtained f or any new or redesigned drive ssion of access points; 4. One 100 square foot w a l l sign i • t project s approved for the sales building. It shall no • •1 p sect above the roof line. All othe r si ns banners, similar attention-getting dev ' g � ers , pennants and ices are prohibited; 5. All security lighting or other outdoor lighting • ght� ng shal 1 be shielded ded i n a manner which prevents glare to adjoining properties 6. There shall be no outside storage of trash or refuse; 7. The smaller garage building located ted between the large garage and the res- dence shall be brought up to code or removed; 8. The asphalt p sales area shall be resurfaced as recommend • eer, recommended by the City Engi n- _�. Applicant shall provide for tests oft ' he existing cesspool and water well to assure compliance with pertinent codes rior to occ 10. No outside storage p upancy; . g of inoperative ve vehicles shall be ermi fled unless vehicles are 1 ocated . i n an area P ess the surrounded by a 6 foot high so.l i d sight ob- scuring fence; _ 11. Lights shall be on only ` y uring hours of operation, 7 a.m to 10 p.m.; agree to the above i 12. Owner and applicant shall a 9 c • onditions writing. 5-7-77: The Planning Commission approved • Pp a special exception permit for a used car lot on this site, subject to: -3- 1. The driveways be located on Beam Avenue; 2. The development be sub ject to the Community Design Review Board P rocess ; 30. Approval terminates 180 days afrom the date of Council approval of the special ex PP - p exception i f the license cense has not been applied for. There is no record of any further action b the Ci y =� Counci 1 has approved new car and used car dealerships i n thi =vi ci ' _ ni for Datsun, Porsche, and Toyota. DEPARTMENT CONSIDERATIONS Planning 1. Land Use Plan Designation: BW, Business Warehousing. This desi n ' g ate on i s designed for uses such as governmental and public utility buildings and structures , storage and warehousing fact l i ti es, wholesale business and office establishments, cartage and express facilities, radio and television stations and ot her industrial uses of a lower - intensity nature. 21 Zoning: M -1 Light Manufacturing 3. Compliance with Land Use Laws a. Section 907.010(d) states that used car lots are a permitted use in a Business Commercial zoning district. b. Section 909.010(a) states that in a light manufacturing district, "any use permitted in BC-Business & Commercial District (may be allowed if the Council is satisfied that such use will not interfere with proper development of the M -1 Light Manufacturing District, but not otherwise." c. Section 805.080 of the Licensing Code states that used car lots are subject to annual license renewal. Renewal shall be denied if a majority of the owners of property within 500 feet file a written notice of objection. d. All site plans (building, drainage, landscaping, parking, and si gnage ) are subject to the provisions of the Community Design Review Board ordinance. Public Works - 1. Sewer is available; 2. Water is not available; + R f -3. A 100 foot by .100 foot pondi ng easement should be dedicated in the northwest corner of the site. (See Map three.) - 4. A ten foot wide utility easement for storm sewer should be'-dedicated al on _9 the western boundary of the property._ -4. Finance A deferred water assessment (Project 75 -16 of $782.95 1 s •� plus interest should be paid. Community Services - �. 1 -.The Comorehensi ve Plan call for an off- street trai 1 al on. the easterly erly property l i n e of this site, - 2. A twelve -foot wide easement should be dedicated and an eight-foot wide . g de asphalt trail, should be constructed prior to occupancy, Citizen Comm a Staff surveyed the ten pro ert owners with 1 • p Y and within n 500 feet of this site. The land owner abutting to the north and the owner of the olf course to the east had no objection. 9 j ecti on. The property owner to the west is opposed if the area to be utilized would include land located west of h to existing driveway. His comments are as follows: "I am presently neutral on the subject of the ro osed used -car 1 our p p of described i n y letter and will remain so until you have defined the boundaries of the area to be so utilized. 'However, ' r, � f � t � s restricted to the area east of the house on the property, I would have no objection. � o If the area west of the driveway is to be .utilized. I would object and � would take action to stop i t, bypassing Miles Lord. I have enough aggravation 9 and harassment from the Pil etich sewer in my front yard and the Toyota establishment across the street, without adding used a - 9 cars and teen-age hot rod drivers. I might add that th tree barrier that existed ri or to instal- lati on of the the Pi P nstal fetich sewer was partially destroyed and has not been renewed even though the Village of Mapl ewood agreed to plant four trees p es in 1981. What you say is not what you do. e j • - _-Enclosures: =1. Location Map 2. Property Line Pap - .3- Drainage Pond and Easement Map 40 Excerpt erpt from the Ma pl - ewood Plan 5. Bicycle Routes and Trails -5- t9 VADNAIS HEIGHTS .61 CIOUN _ z . T30N L) T29N 60 '.,' ^_- -�-�- E A Y •- AVE -• BEAM j 22 0� .. d �`� °' Igo A /m on �-�- ------- L o e= Lake = ---- o • p KOHLMAN .. AVE. ! 23 CUM h ROAD Q ` 2 « W c N W _! 9L o W r jr - `�•:� c � Q o E M o� ..�.- 22 ROOK AvE. R 61 c m 0 L 1 SE)( GERVAIS AVE. « • G AKpvtEw AV 36 VIK 1 DR. Coker • ` `` SHERREN AVE .. ke//er OPE ( AV L__. - E � a� � LARK AVE. LARK AVE. Lo 25 T �r LAUR t 1 n R E RD. oc LLELAN t 25 _ n SAIW� WiIvc - � Map 1 LOCATION MAP N I 1 t•` ,; '► s 4 � . 0 p 1' 'J} O J / ar, 900 ` 893.5 h ' ' - -- Z y 380' t f Existing ° Sanitary Sewer Easement - 3ff m row A L 991A N t. 51 ti, e A - �T / _Y_ 1 O t �• i _..� 66; 8 r t02 Map 2 PROPERTY LINE MAP (4 -foot contour intervals) r s .. �. � �'�f . � � � f ih ,1 t� l.. � t}1 •�rr'�C: +rry���� .` ` i t T w � ' Ira,' !c ,�ti 1_ + • ' `. 1 ,� .��,. ; � ++ + ' u ' I � `r. l�' '�i y��� S 1. � � � r �� `i• ) - �� S •; } ;' ��� ~r y��•' rt�,T vrM -s' �,� Y ~, � �. 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A F s�. • J ✓/ ••• .. •6• 1 ' _ ••• .,• • i 1 • • I �• 1 1 f • -• i • ,li • � ;•; i .�. .000 / .000 \ \� S 1 f . • i (o s MAJOR WATERSHED DIVIDE -- •�.r� INTERIOR WATERSHED DIVIDES _ PROPOSED STORM SEWER �l•. EXISTING STORM SEWER OPEN CHANNEL STORM WATER STORAGE AREA INUNDATION AREA STORAGE AREA : E VOLUME CiS CHARGE IN CFS i CITY LIMITS _ ................... Map 4 i 0 400 800 1200 \ SCALE IN SEE' EXCERPT FROM THE MAPLEWOOD DRAINAGE PLAN Q N �t �rn�t c•.•e+ UAL L Apt W1001 I w o ' ' � lti j ;r'• r~w.,..r" � •'•.�� • rr �� war •w �.. �. . VIP Ir .j IT 1. �. _ r � ' � lL► lid � wt._. � -. � r • �_� Ill &40 ! 3x, ji f it ULftjLAj lip L.r' tie • 1. • ee l, s P • .. r : —. - ma or d " may all -`s : ► . .� .� f . JL ,. j r I { � !.9 R'+►u� 0 �--- Existing Bicycle Route (on street) r -��-•- Existing Bicycle Route (off street) Potential. Bicycle Routes (on street) a '• " Potential Bicycle Routes doff street) County Proposed Bicycle Routes 2 Proposed Regional Trail 3 City Proposed Off -Road Bicycle Routes I tl " i r rtJ-i • In. Kt1 Map 5 be cycle' routes /traits Q N �s MEMORANDUM To: City Manager. FROM: Associate Planner Johnson SUBJECT: HRA Housing Proposal DATE: August 2, 1982 , Re q u e t ,action by Council: Endorse Mo dlf i e d....._..-- Re j Date.- ..-.- -;•. -- To e nsure that the deadlines presented in the attached action plan can be met, the following items should be addressed on*August 9: 1. Preliminary site selection for the seniors' residence 2. Agree o n a payment ment scheme for the program applications (seniors' residence and first -time home buyer proposals). 3. Bond counsel selection 40 Bond underwriter and financial advisor selection. ni crttc, - Sinn r indications are that the HRA's tandem h program for senior citizens Prel �m� na y . home buyers is feasible. The feasibility study i s expected to be and first-time y b August 9. The following items should be resolved on August 9 to ensure , completed y g that. the preparation of the application documents could begin on Se ptember 14, assuming Council would authorize the proposal to proceed on September 13: a 1. Preliminary site selection--seniors' residence Council shoul d a ree on which of the seven initial * s i - es should be selected for further consideration. (See enclosed map.) Of these si tes, ' 9 the market t es consultant recommends, and the HRA concurs, that sites 3, 4, 6, and 7 should Conti nue to be considered. . This conclusion is based on the ranking each site, relative to several criteria ( residential 9 setting, , transportation , nearest of medical and convenience items, g etc.) designed to evaluate sites proposed for senior residences. Each of the four sites scored between 84 and 86 points, on a scale of 1 to 1000 - i to five , (St. St. Johns hospital) i is not recommended because of the lack of a S ( residential setting, . Secondly, it would be substantially more expens to _ l o than site four, also sponsored by Health Resources, Inc. Si more attractive because of the opportunity to use the exi sti n congreg to four i s : -develop dining, n room office and gymnasium facilities in the ex- Hazefiwood school meeting � � buildin Site one is not recommended because it is better suite d for general market or town house development rather than condominiums for the elderly. Site to two should be eliminated on the basis of being inconsistent with the Land Use Plan and the time delay that would be involved due to a current law suite. Once the best candidate si are agreed upon , ' the next step in the site selection P rocess is to request the respective developers to submit preliminary site plans and project narratives by August 27. Final site selection is scheduled for the September 13 Council meeting. The selection of more than one site has not been ruled out. This possibility will be addressed by the feas- ibility study. A survey of abutting property owners ( citizen comments) -revealed no objections for three of the four sites proposed for further consideration. Beaver Lake Church objected on the basis of the potential for storm water problems associated with site seven. 2. Payment scheme for program applications. Attachment A lists the proposed costs for preparing the application documents for tax increment financing and tax - exempt bonding authority. preparation of the tax increment financing the $5000 for re The HRA recommends that p P documents (seniors' residence) should be paid by the developer. With regard to the first time home buyer program, because of the p o s s i b i l i t y of denial the HRA recommends that the City pay up to $4,000 to the $5,000 cost for p reparing n th application for tax exempt bonding authority, subject to p P 9 repayment if the application is selected for funding. These funds would be obtained from the repayment of . the $4,000 authorized June 28 for the feasibi study. _.These application costs would be "at risk" because Maplewood rust compete among all nonfi rst class cities in Minnesota who wish to apply for a portion of $27.5 million in a v a i l a b l e bonding authori One of the criteria to be used to select a site is the extent to which the developer will commit to these application costs. a 3. Bond counsel selection The firm of Holmes and Graven is recommended to serve as bond counsel to the City p roj ect, for the 'ect, on the basis of: 1) their expertise in packaging tax - except t bonds for housing and tax increment financing, including the recently authorized zed interest reduction program, and 2) the extensive guidance and advi c e y the have p rovided staff with since this concept originated in April, without hout an commitments from the City. Their expertise includes James Holmes, having authored the tax increment financing legislation and Stanley Kehl having n g authored the interest reduction program. Mr. Kehl also was a prime obtaining legislation recent to permit communities, such as Maplewood, . - force �n o take advantage of tax- exempt bonding for housing. _John Banns gan., has indicated that he would be comfortable relying on this firm as bond counsel to the City, particularly with regard to the recent legislative changes in these areas . He also feels that the fees quoted in Attachment A are reasonable. f ' 4. Bond underwriter and financial adviser selection. Al tnou h Juran and Moody has limited experience with tax- exempt bonding for , 9 the are recommended to be returned as bond underwriter, on the basis housing, Y `r agreement • 1 their long standing relationship with the City, Z} they g of. } 9 not. to charge a fee . for financial advice if retained as underwriter .( see atta ched letter) and, 3) their statement of i nhouse capability to meet the required_ deadlines. _ rs have indicated cated a reference to retain the firm At least two of the developers P of-Miller and Schroeder as the bond underwriter. Although this firm has con - s i derabl Y more experience than Juran and Moody in underwriting tax- exempt .- nds it is recommended that they not be uti 1 i zed, unless arrangements _ housing bo y are made b the chosen developer to cover the City's costs for retaining Juran and Moody as financial adviser. This cost would be at the rate of $65.00 /hour, not to exceed $5 Both fi have indicated that they would assist the bond counsel with the pre - paration ' of the first -time home buyer application on a contingency basis. Preparation ofthe application must begin on September 14, i f the deadline for e submittal is to b met. A decision on this issue should, therefore, be made at this time. Recommendations 1. Request that the developers of sues three four, six and seven (enclosed map) .submit preliminary p site plans and project narratives prior to August 27. o secure a letter of understanding, with the firm of Holmes 2. Authorize staff t , and Graven effective September 14, to serve as bond counsel for the HRA's housing proposal, subject to Council ratification on September 13. secure a letter of understanding, effective September 14, 3. Authorize staff to and financial : a the firm of Juran and Moody, to serve a for ) s bond underwriter adviser for the HRA' s housing proposal , and b) the firm of Miller an d Schroeder to serve as bond underwriter ter and Juran and Moody as financial adviser, subject to Juran and Moody 's fee being paid by the chosen developer. one of these Council would ratify o agreements on September 13. 9 change of u to $4,000 to prepare the application for tax - 4. Authorize a budget 9 P t'on is approved. bonding authority, subject to repayment i f the application i ca i pp exempt g -Th i s expenditure shall Y h ll be funded b the $4,000 to be reimbursed for the feas- ibility study. REFERENCE INFORMATION Citi Comments r .within 350 feet of the .seven sites shown Staff surveyed the persons who own grope ty , 50 p roperty owners su si xteen persons responded, on the enclosed map. of the 1 p p y . • ve op regards ng the four si proposed for furt er ten in favor, f� pp . consideration) , and one uncor�mented at this tame. _ - to a seniors residence per se, on s ite seven -- Beaver Lake Church � s not opposed level o men that would cause a drainage problem. The but they are opposed to any p • person near site three. They are concerned that th other objection was from a pe 1 d S ill be l ost. Submission of a site plan shoo Ramsey County Ope n p ace area w satisfy this person's concern* jC Enclosures: 1. Ma of Possible Senior Residence Sites p -2. Legal Document Preparatio n Costs 3. Letter from Holmes and Graven 4. Letter from Juran and Moody 5. Action Plan i F Lose TJ ST PAUL O VADNAIS 64EIGHTS t. o, Site _j m • ...0 *P*TE BEAR LAKE 1-694 G.: cl w•&@ -7. �,.. Sit e 6� • N � /'� r f/ti.r 5 7 Afft I 40L vow" Site 4 v#0R TN S T. PAUL • n 2640 N. �� _ . : , � • -� -� F If V Site 3 Jr— I 2400N. If J61 Hi 36 LO /7 72 % WeLLIL rL: -1pv: .,. • o.j •_., .• c t�� s+ 1 �,� i 2160N9 - a w V « St PAUL � U L; ............ r 2' -2 ST f P�u • di6 4j jZ 4m lit wo t � ; _j CITY OF �o MAIEDLEWOOD - ttt' 1 I&. 'Pop 60 06% V r SITES BEING CONSIDERED FOR A CONDOMINIUM & *1! �� FOR SENIOR CITIZENS ( ni ti.al l Site 7 ' - .:•`= 7; L S ITES RECOMMENDED FOR FURTHER CONSIDERATION 19 —;'��a 3 ' A' -BY THE HRA ON 7-.28-82 Fall= --SITE -DEVELOPER 3 Woodmark, Inc. 4 Health Resources, Inc./Ebenezer Societ 3M 6 Bor-Son =&Ica L"K 7 P.J. Gaughan 1 P ATTACHMENT " A " - increment financing Legal documents for tax 9 and tax - exempt bonding authority. ' n in (Seniors' Building) = Cost A. Tax Increment F1na c g Tax- increment financing Plan n or redevelopment agreement ment a $5,000 Interest reduction P 9 B. Tax-Exempt Housing Revenue Bonds CFirst-time Home Buyer Program) 1. Housing Plan and Program Preparation of the MHFA Application $3,000 - 1 000 2. MHFA Application Review fee $4,000 - $ Total $9,000- $10,000 It JUR AN & MOODY, INC.` MUNICIPAL BONDS EXCLUSIVELY 114 EAST SEVENTH STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE 612/298 July 15, 1982 _ t City of Maplewood office of Community Development 1902 East County Road B Maplewood, MN 55109 ATTENTION. MR. RANDALL JOHNSON, ASSOCIATE PLANNER • PROGRAM, TAX RE: PROPOSED SENIOR CITIZEN HOUSING INCREMENT DISTRICT AND INTEREST . ST RATE REDUCTION ON SENIOR CITIZEN MORTGAGES, HOUSING REVENUE BONDS FOR FIRST TIME HOME BUYERS De ar' Mr. Johnson: With respe ct to the above-described proposals, treated separate or poi ntly, that t are currently under consi by the HRA, Counci 1 a y and Staff, our firm deems it appropriate to inquire as to the role, y ou wish us to play in the proceedings. In other word we � f any, are looking to you for d i r e c t i o n in ou r involvement re 9 and i ng these proposals. s. To date, our role has been limited to that of your f i n a n c i a l advisor in assisting you to develop the information you will need to determine whether or not all or a portion of the preliminarily proposals are re 1 imi nari 1 feasible. We have al so reviewed the Procedu r al Guide for the Submission of: 1) Local Housing Bond Programs and 2. Allocation of Qualified Mortgage Bonds." have discussed on the telephone, Juran & Moody, Inc., is As we a 10 ok i n g 'to the City for direction in the role we are to play, if any,, with respect to the three proposals under consideration. As an underwriter ter of revenue bonds, we obviously. . wou have an inter in acting a s the managing underwriter for the revenue bond issue. If we were sel ted as the managing underwriter, we wound purchase the ponds from t h e City p i t at a rice of 9N of the par amount :of the bond issue. Our compensation would be derived from . the 3.6 di scount and would cove r not only our selli commission, - but the expenses of underwirtes's counsel and blue sky fees. We would agree to worK on a contingency n basis and a gree to cover our own costs if the bonds were y 9 irre and i ess of the reason. We would also agree to 9 no • issued,, supporting provide you with advice and supp g .data with respect to the senio r s g program housi n ro ram and tax increment district without charge. vent however, tax increment financing (TIF) was called If i n the e if the 7IF Uonds for we -would charge the customary consulting fee _ were cop y m etivel sold or submit a negotiated. bid if the TIF bond issue was $ 300,000 or less, in which case our cornpensati oar would be limited to the discount at which we would purchase the bonds plus any reoffering premium. JURAN & MOODY, INC. Mr. Randall Johnson Ju 1 y 15, 1982 Page 2 Should Juran & Moody, Inc., be retained as your financial advisor with respect to the three proposals, our fee would be $65-per hour, p ayable at the conclusion of the proposed transactions. - If any TIF _ bonds were issued, our fee would be adjusted downward taking into account our customary fees for taking bonds to the public market or our underwriter's discount if we negotiated the bonds. Our prospective role with respect to the three proposals under consideration is entirely up to the City to determine. Our primary concern is not to create what might appear to be a conflict of interest if we act as an underwriter and at the same time provide financial advisory services. We feel our advice and recommendations are independent, objective and based on the relevant facts at hand regardless of our assigned responsibility and method of compensation. We respect the excellent relationship we have had for many years with your City and under no circumstances, perceived or actual, do we want to compromise that relationship. If the City felt this rel ati -onshi p would permit us to act as the managing underwriter for the revenue bonds without compromise, we feel the City could utilize our resource capabilities on a contingent basis with Juran & Moody, Inc., being compensated only if and when revenue bonds and /or T IF bonds were issued. I should also say that other underwriters would most likely work on a contingency basis with respect to the revenue bonds, but they would probably not be in a position to assist in an advisory capacity on the seniors housing program and the tax increment program. I have attempted to identify in very general terms our position and assessment based on the preliminary facts available to us. This letter should not be construed to be a commitment or contractual agreement of any kind. If we are to become involved in any facet of the proposals under consideration, we would prepare an agreement that more clearly defines our responsibilities and compensation formula. If y ou have any questions or desire any further information, please do not hesitate to call. I have also enclosed for your review a tax increment analysis we used in another city. Very truly yours, JURAN MOODY, INC. - N Andrew Kyle Merry -_ Vice President AKM /eh Enclosures cc: Barry Evans STANLEY E. K EHL Attorney at Law July 16, 1982 Mr. Randy Johnson City of Maplewood 1902 East County Road B Maplewood, Minnesota 55109 HOLMES & GRAVEN CF 1RTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 612/338-1177 Dear Randy: I n y Y our letter dated Jul 9th you asked what our fees would be for various parts of the first -time home -buyer and senor residence programs. They are as follows: 1. First -time Home -buyer Program a. Prepare Housing Program and Plan amendments (if needed) b. Assist in preparation of application to MHFA c. Draft bond documents and closing certificates and provide other bond counsel services 29 Senior Citizen Residence a. Prepare Tax Increment Plan and Interest Reduction Program Plan b. Draft documents and provide other bond counsel services for Tax Increment Bridge Bond for Developer (Revenue Bond) c. Draft and negotiate Developer's Interest Reduction Contract and Contract with Senior Citizens $25,000- $30,000 $5,400 $10 $4,000 You asked that I provide an estimate for items 1a and lb. These activities will not exceed $3,000-$4 You also asked how we would bill for our services. Billing for the above - mentioned services would be as follows: 1. First -time Home -buyer Program. - -We will submit a bill for services for this program at the time the bond issue is closed, provided that if the City or HRA decided not to proceed with the issue, we would submit a bill at that time for the time spent on . the project at our regular hourly rates. r 2a. Tax Increment Plan and Interest Reduction Program Plan. - -We will submit a =_ bill for preparation of the plans and accompanying resolutions upon completion of the plan (including review by the county board). 2b. Tax Increment Bridge Bond. - -As with the First -time Home -buyer Program, we will submit a bill for services at the closing of the bond issue, provided JIft 1 Mr. Randy Johnson July 16, 1582 Page 2 that if the City t or BRA decided not to proceed with the issue, we would submit a bill at that time for the time spent on the project at our - regular hourly rates. Interest Reduction Contracts. - -We will submit a bill for drafting and 2e d the senior negotiating the developer' interest reduction contract an citizen interest reduction contracts upon completion of the final drafts of the contracts based upon our regular hourly rates. It should be noted that the contract with the developer of the senior citizen housin g can provide that the developer will reimburse the City or HRA for costs incurred if the project does.not go. You also asked whether new homes could be financed with the first -time home- buyer bu program? The answer, as you suggested is yes. You could include this in y P �' your housing program. If you have other questions, please give me a call. Sincerely, Stanley E. Kehl SEK:mj Enclosure AC11ON PLAN Deadl ine 1 . Initiate market f e a s i b i l i t y study July 7 , 1982 2. Telephone developers, discuss action plan for July 15 ,. 1982 July and August 3. Developers submit soft cost financing pro- duly 28, 1982 posal s and meet with the market consultant - 4. Staff recommendations 'for two to three best July 29, 1982 sites /financing plans, financing plan for legal document preparation, bond counsel and underwriter 5. Submission of final feasi bi l -i ty study report August 2, 1982 60 . Shirt - sleeve session between HRA /CC to August 3 -5, 1982 discuss program recomme -ndati ons 7. a Council decision whether to proceed August 9, 1982 Seniors building and 1st time home buyers Just the seniors building b) Choose two -three best sites /financing packages and request concept narrative c) Agree on a financing scheme for the prep- aration of legal documents (see attached ) d Select a bond counsel and bond underwriter, subject to entering into a letter of under- standing to be effective September - 13. e } Authorize Staff to involve the City Attorney in the development of letters of understanding for the -chosen developer, bond counsel_ and bond underwriter. 8. ' k Feasibil Stud Authorize payment for M arket y y August 23, . 1982 9. - Submittal of project narratives and concept site August 27, 1982 by the developers. l r.). ,plans 1 ternate sub- a } Choose a Bevel open and an a `September -1.3, 1982 _ ject to receiving a letter of commitment - �. before Sept, 17, accompanied by a check for the soft costs b} Ratify ' bond counsel and bond underwriter, 1 etters - of understanding. -_ c} Set a hearing ' date and publish - notice for = October 25 to adopt the City Housing Plan under. Chapter 462 c. of State Statutes = d) Authorize the preparation of legal • documents - . a. Begin preparing 9 legal al documents 11 September 14- 17,1982 - b. Agree on time schedule for integrating 9 tax increment financing/first time home buyer program requirements A. Ir • (Ullman - exem t housing mortgages ends *Federal authors zati on Act) for tax . p 9 Unless the expiration date i s extended, no such project:, December 31, 1983 will be able to be built after 1983 construction season. c) Begin selection process for first -time home buyer prc gram administrator and trustee. 12. Complete first time home buyer tax - exempt bonding program October 14, 1982 13. a. Adopt the City's Housing Plan under _ Chapter 462c of State Statute (public - hearing), ' October 25, 1982 - b. Select a program administrator and trustee for the first time home buyer program. 14. Submit the first time home program to _buyer Metro Council for comment _ October 26, 1982 15. Set a hearing date for December 13, 1982 and P ubl i sh * noti ce for Council adoption of first time home buyer program. November 22, 1982 16. Adopt first time home buyer program December 13, 1982 17. Submit first time home buyer program to the MHFA for approval (deadline is December .1,3', 1982) December 14, 1982 18... Receive tax exempt bonding authority from MHFA for .first time home buyer program February, 1983 19. Submit T I F 1 an to Ramsey County Board for P comment (earlier i f developer desires) Feb rua r 1983 Y� 20. -a. Adopt the tax increment plan for seniors residence subj to site plan approval. J P Spring b. Draft bond documents (both programs) c. Certification of the base assessed value for the tax increment district d. Tax increment bond sale (if other than a subsidy to buyers) 21i Constructio n of seniors' residence (older adults) Fall 1983 22. Bond closing for tax - exempt bonds (hold until _ mortgages for seniors are committed) December 31, 1983* 23. Make loa with tax - exempt_ monies to -= r first-time home buyers ` December 31, 1984 _ i • (Ullman - exem t housing mortgages ends *Federal authors zati on Act) for tax . p 9 Unless the expiration date i s extended, no such project:, December 31, 1983 will be able to be built after 1983 construction season. r� r � PREFACE This Code is a revision and codification of the ordinances of Maplewood, Minnesota, of a general and permanent nature. As expressed in the Adopting ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto. The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sect ions of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and set- ting forth their location within the Code is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table also appearing in the back of the volume, any ordinance included here- in can be readily found in the Code. NUMBERING SYSTEM The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash refer- ring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first sec- tion of Chapter 1 is numbered 1 -1 and the fourth section of Chapter 21 is 21 -4. �T Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 4 -3 and 4 -4 is desired to be added, such new sections would be numbered 4 -3.1, 4 -3.2 and 4 -3.3 respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 13 and 14, it will be designated as chapter 13.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end, of the article embracing the subject, the next suc- cessive number being assigned to the article or division. INDEX The general index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested. LOOSELEAF SUPPLEMENTS rr A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up -to -date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with, instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into this Code, may be cited as a part hereof, as provided in Section 5 of the Adopting Ordinance. The successful maintenance of this Code up -to -date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the reponsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical re- ference purposes. ACKNOWLEDGMENTS The publication of this Code was under the direct supervision of George R. Langford, President, and Burton M. Michaels, Editor, of Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publishers are most grateful to Donald L. Lais, Esq. , City Attorney, and Mrs. Lucille E. Aurelius, City C lerk.for their cooperation and interest during the preparation of this Code. MUNICIPAL CODE CORPORATION Tallahassee, Florida TABLE OF CONTENTS CODE OF ORDINANCES Officials of the City • • • Preface- ------------------------------------------------- - - - - -- v Adopting Ordinance • Chapter 19 General Provisions_________________ _____________________ 1 Art.I. In General---------------------------- - - - - -- 1 Art. II. Rules of Construction and Definitions - - - - -- 12 2. Administration____________ ______ ago 4wo--- ___- _-------- ____ -- 69 Art. I. In General------- 69 Art. II. City Council --------- 71 Art. III. City Manager------------- - - - - -- 73 Art. IV. Boards, Committees and Commissions--- - - - - -- 75 Div. 1. Generally -- - - - - -- 75 Div. 2. Human Relations Commi s s ion- --- - -- 75 Div. 3. Police Civil Service Commission-- 77 Div, 4. Insurance Committee- ------- - - - - -- 78 3. Air Pollution Control_ _____________ ________________ 131 4. Alarms and Alarm Systems-------- - - - - -- 183 Art. I. In General ------------ 183 Div, 1. Generally-- ------- ---- - - - - -- 183 Div. 2. False Alarms--------------- - - - - -- 185 Art, II. Licenses ---- ----------- 187 5. Alcoholic Beverages-------- 241 Art. I. In General---------------------- ------------ 241 Art. II. Nonintoxicating Malt Liquors--------- - - - - -- 243 Div,, 1. Generally---- --------------- - - ---- 243 Div. 2. Licenses--------- ______________ __ 245 Art. III. Intoxicating Liquors----------------- - - - - -- 250 Div. 1. Generally------------------ ------ 250 Div. 2. "On -Sale" and "Off -Sale" Licenses 260 Div. 3. "On -Sale Wine Licenses "---- - - - - -- 266 Div. 4. Bottle Clubs--------------- - - - - -- 269 6 Amusements--------------- ------------------------- ____ -- 323 Art I. In General ------------ ---- -- 323 Art II. Amusement Parks---------------------- ------ 323 Art, III. Coin- Operated Mechanical Amusement Devices- 326 Art. IV* Private Recreation Centers and C 1 ubs- - - - - -- 328 Art. V* Dances and Dance Halls - -------------- - - - - -- 330 MAPLEWOOD CODE 7 Animals and Fowl --------- _____ __ _____________________.,__ 381 Art. I. In Genera 381 Art. II. Dogs 382 Div . 1. Generally ------------------ - - - - -- 382 Div. 2. Permits----- --- ------------ ---- -- 384 Div. 3. Running at Large;'Constitutin 9 aNuisance----------------- - - - - -- 386 Div. 4. Impounding------------------ --- - -- 387 Div. 5. Destruction of Dangerous Dogs ---- 388 Div. 69 Small Kennel Licenses ------ - - - - -- 390 Art. III* Cats _ _ _ r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 392 Div, 1. Generally------------------ - - - - -- 392 Div. 2. Permits--------------- --- -------- 393 Div. 3. Running at Large; Constituting a Nuisance----------------- - - - --- 395 Div. 4. Impounding----------------- - - - - -- 396 Art. IV. Commercial Kennels------------------- - - - - -- 397 Art V. Pigs--------------- .-- .------------------ . - - - -- 3 9 9 8 Auctioneers--------------- ---- -------------------- - - - - -- 451 Art. I. In General- ----------------------- --------- 451 Art. II. License------------------------------ - - - - -- 451 910 Buildings and Building Regulations---------------- - - - - -- 503 Art. I. In General- 503. Art. II. Building Code--------------------- --- --- --- 505 Art. III* Ce rt i f is ate s of Occupancy-- ---------- - - - - -- 507 Art. IV. Moving of Buildings------------------ - - -___ 508 Art. V. Apartment Buildings------------------ - - - - -- 510 Art. VI. Rental Housing Maintenance Code------ - - - - -- 511 Art. VII. Owner Occupied Housing Maintenance Code - - -- 528 Art. VIII. Contractors and Subcontractors-------- - - - - -- 533 10. Cigarette Dealers-------________________ _________________ 589 .Art. I. In General ------------------------- - --- -- 589 Art. II. License------------------------------ - - - - -- 589 11. Civil Defense------------------------------------- - - - - -- 641 12. Fire Prevention and Protection-------------------- - - -- -- 701 Art. I. In General---------------------- - - - - -- 701 Div. 1. Generally------------------ - - - - -- 701 Div. 2. Setting F Tres-------------- - - - - -- 706 Art. II. Fire Code s-------------------- - - - - -- -_ 708 Art. III. Fire Marshal------------------------- - - - --- 710 Art. IV, Smoking Regulations------------------ - - - - -- 711 TABLE OF CONTENTS 13. Food and Food Handlers -------- 763 Art. I. In General---------------------- ------ ---- 763 Art. II. Food Establ -- -- -- 763 Di v. 1. Generally--------- .----------- : - - - -- 763 Div. 2. License- ------------------ - - - - -- 793 140 Franch ises -------- ------ --------------- ---- ------ ---- -- 847 Art I. In General--- --------------------- -_______ 847 Art. II. Electric------------------------------ ------ 847 Art. III. Gas--------------------------------- - - - - -- 855 150 Gambling and 915 Art. I. In General--------------------------- -- ---- 915 Art, II. Authorized Activities of Fraternal, Reli- gous, Veterans, and Certain Other Nonprofit Organizations ----------------------- - -____ 918 Di v, 1. Generally- ____- .- ______________ __ 918 Div. 2. Licens 921 Art. III. Bingo------------------------ -------- ---- -- 924 169 Garbage, Refuse, Rubbish and Other Solid Wastes-- - --- -- 983 Art. I. In General------ _-------------------- - - -- -- 983 Art. II. Collection Licenses----------------- - -- - -- 989 Art. III. Disposal Sites ......................... 991 179 Licenses ------------------- 1043 18. Motor Vehicles and Traffic----------------------- -- - - -- 1095 Art. I. In General--------------------------- ------ 1095 Art. II. Stopping, Standing and Parking------ - - -- -- 1098 Art. III. Privately and Publicly Owned Parking Lots, Areasand Ramps--------------------- - - - - -- 1100 Art. IV. Snowmobiles--------------------- ----- ------ 1104 Div. 1. Generally----------------- - - - - -- 1104 Div. 2. Operation--------------- -- - - - - -- 1105 Div 3e Parking WAD -- ____,_.�_,_- ___________ 1107 Div. 49 Equipment- ---------------- - - - - -- 1107 Div, 5. Organized Events---------- - - - - -- 1108 Art. V. Used Car Dealers ------ 1109 Div. 1. Generally----------------- - - - - -- 1109 Di v. 2. License------------------- - - - - -- 1109 Art, VI. Motor Vehicle Repairs--------------- - - - - -- 1111 Div. 1. Generally----------------- - - - - -- 1111 Div. 20 Licenses------------------- - - - - -- 1112 Art. VII. Automobile Wreckers and Junkers----- - - - - -- 1114 Div. 1. Generally----------------- - - - - -- 1114 Di v. 2. License------------------- - - - - -- 1114 MAPLEWOOD CODE 19 Nuisances --------------..--------------------- .------ - - - - -- 1169 Art. I. In General- -- --------------------- -------- 1169 Art. II. Abandoned Motor Vehicles---- -------- - - = - -- 1177 20 Offenses------------------------------------------ __ - - -- 1237 Art, I. In Genera 1237 Art. II. Minors- 1241 Art, III. Drugs and Glues--------------------- - - - - -- 1243 Art. IV. Weapons and Explosives---------------- - - - - -- 1246 21. Parks and 1299- Art. I. In General-_-= _---------------------- --..___ 1299 Art. II. Park and Recreation Commission- _-- _- _r__ -- 1300 Art. III. Dedications by Developers----------- - - - - -- 1303 Div. 1. Generally ------ 1303 Div. 2. Residential-- _------------- - - - - -- 1303 Div. 3. Commercial and Industrial-- 1309 Art. IV. Lakes, Rivers and Other Waters------ - - - - -- 1311 Div. 1. Generally------------------ - - - - -- 1311 Div. 2. Motorboats----- ----------- - - - - -- 1312 22. Pawnbrokers; Secondhand and Antique Dealers and Expo sit ion s r _ _ - - _ r - r r r r _ _ _ _ _ - r r _ r r _ 1363 Art. I. In General- ------------------------- - - -- -- 1363 Art. II. Pawnbrokers------------------------- - - - - -- 1363 Art. III. Secondhand and Antique Dealers and Exposit ions- -- ---------------------- - - - - -- 1368 23. Peddlers, Solicitors and Wagon Vendors---------- - - - - - -- 1423 Art. I. In General --------------------- 1423 Art. II. Solicitors----- ------------------ , - _- - - - - -- 1423 Art. III. Wagon Vendors----------------------- - - - - -- 1424 24. Personal Services: Massage Parlors, Escort Services, Rap Parlors, Sauna Parlors, Etc . ----------- ------- - - - - -- 1475 Art. I. In General-- ------------------------ - - - - -- 1475 Art. II. Licenses---------------------------- - - - --- 1476 Div. 1. Generally----------------- - - - - -- 1476 Div, 2. Business Licenses ------ 1480 Div. 3. Personal Service Licenses --- 1484 Art. III. Licensed Premises 1486 25. Planning and Zoning Agencies------- -------------- - - - - -- 1539 Art, I. In General--------------------------- - - - - -- 1539 Art. II. Planning Commission----------------- - - - - -- 1539 Art. III. Board of Appeals and Adjustments---- - - -_-_ 1543 Art*' IV . Community Design Review Board-------- -- -- 1545 TABLE OF CONTENTS 26 Private Schools --------------------- -- ______________ 1603 Art. I. In Genera 1---- _------------------ .-- _-- --. - -- 1603 Art. II. License ------ 1603 27. Service (motor Fuel ) Stations-------------------- - - -___ 1655 Art. I. in General---------------____ _____________ 1655 Art. II. License- 1655 28 Sewers-------------------------------- ----------- - - - - -- 1707 Art. I. In General--------------------- ----------- 1707 Art. II. Rates and Charges------------------- - - -- -- 1708 Art, III. Connections to Sewer System--------- - - - - -- 1712 Art. IV. Discharges Into Sewer System-------- - - - - -- 1719 Art. V. Individual Sewage Disposal Systems-- - - - - -- 1721 29. Streets, Sidewalks and Public Grounds------------ - - - - -- 1773 Art. I. In General -------- 1773 Div. 19 Generally----------------- - - - - -- 1773 Div. 2. Discharges Into Public Thorough- fares and Easements of Materials From Abutting Properties-- - - - - -- 1775 Div. 3. State -aid Street Construction Fund--------------- .------- - - - - -- 1776 Art. II. Street Classifications and Design Stan - dards--------------------------- ---- - - - - -- 1777 .Art. III. Street Construction and Improvements - - - - -- 178.0 Art. IV. Driveways ---------- 1783 Div. 1. Generally----------------- - - - - -- 1783 Div. 2. Construction and Street- Access Permits------ ------------- - - - - -- 1786 Div, 3. Construction Standards---- - - - - -- 1786 Art, V. Sight Obstructions at Intersections- - - - - -- 1792 Art. VI. Street Numbers for Buildings-------- - - - - -- 1794 Art, VII. Streets Along the Common Borderlines of the Cities of Maplewood and North St. Paul 1796 30. Subdivisions -------------------- 1851 31 Swimming Pools- -------------------------- -------------- 1919 32. Taxation and Special Assessments----------------- - - - - -- 1973 Art, I. In General------------------------- ------- 1973 Art. II. Collecting Assessments-------------- - - - - -- 1973 33. Tree 2025 Art. I. In General------------------------- - ------ 2025 Art. II. Planting in Boulevards-------------- - - - - -- 2025 Art. III. Shade Tree Disease Control---------- - - - - -- 2028 MAPLEWOOD CODE 34 . Vehicles For Hire-------------------- ..------------- -- -..- 2081 Art. I. In General---- --------------------- - - - - -- 2081 Art. II, Taxicabs-------------------- --.._______..__ 2081 Div. 1. Generally-- ------- ------- - - - - -- 2081 Div. 2. Vehicle Licenses---- ----- --- - -- 2083 Div. 3. Drivers' Permits--- -- ---- - -- - -- 2086 Art. III. Automobile and Trailer Rental Agencies - -- 2087 Div. 1. Generally-- --- ---- ------- ---- -- 2087 Div, 2. 2088 35 . Water- __________._-. ------------------------ --�_ 213 9 Art. I. In General-------------------------- - - --.- 2139 Art. II. Water Availability Charges (W .A. C . - -_ - -- 2141 Art. III, Ste Paul Water District ------- 2145 Div. 1. 2145 Div. 2. Hydrant Charges--- __----- - - - - -- 2145 Art. IV. North St. Paul Water Customer Accounts -_- 2147 Art. V. Well s------ ------------ ------------- -. - - -- 2148 369 Zoning------------------------------------------ - - - - -- 2201 Art. I. In General- 2202 Art. II. District Regulations----- ---------- - - - - -- 2215 Div, 1. Generally---------- ---- -- - - - --- 2215 Div. 2. F Farm Residence District-- --__- 2215 Div. 3. R -1 Residence District (Single Dwelling) ------------- -- ---- 2216 Div, 4. R -2 Residence District (Double Dwelling) --------- 2219 Div. 5. R -3 Residence District (Multi - ple Dwelling)------- ----- - - - - -- 2222 Div. 6. CO Commercial Office District -- 2233 Div. 7. BC Business and Commercial District --------- .________�_____ 2238 Div. 8. SC Shopping Center District - -_- 2247 Div. 9. M -1 Light Manufacturing Di s- trict -------------------- - - - - -- 2251 Div. 10. M -2 Heavy Manufacturing Dis- trict ----------------- 2253 Art, III. Sign Regulations------ ------------- - - - --- 2254 Div. 1. Generally-------- -- ------ - - - - -- 2254 Div. 2. Permits------------------ - - - - -- 2267 Div. 3. Construction, Erection, Loca- tion, Etc*, Standards and Requirements---- --------- - - - - -- 2269 Div, 4. Bil 2274 Div. 5. Schedules of Permitted Signs in Zoning Districts------- - -_ -_- 2276 TABLE OF CONTENTS Art. IV Art. V. Art. VI . Art. VII. Art. VIII. Ap endix Subdiv. I. Schedule No. I: All Districts- - - - - -- - -- 2276 Subdiv, II. Schedule No. II: R -1 Residence District (Single Dwel ling) , R -2 Residence District (Double Dwelling) , R -3 Residence District (Mutiple Dwelling) -- 2278 Subdiv. III. Schedule No. III: LBC Limited Business Com- mercial District, CO Commercial Office District------ - - - - -- 2279 Subdiv. IV. Schedule No. IV: M -1 Light Manufacturing District, M -2 Heavy Manufacturing District--- - - - - -- -- 2281 Subdiv. V. Schedule No. V: BC Business and Commer- cial District, BC(M) Business and Commer- cial District (Modified) ---- - - - - -- 2 283 Subdiv. VI. Schedule No. VI: Special Areas- - - - - -- 2285 Div. 6. Nonconforming Signs ---- 2 286 Mineral and Soil Excavations and Extractions---------- - - - - -- 2290 Special Use Permits--------------- - - - - -- 2300 Administrative Variances in R -1 and R -2 Residence Districts------------------ - - - - -- 2306 Amendments and Changes--------------- - - - - -- 2347 Area of Critical concern- Mississippi River Corridor ___________ __________________ ____ __ 2310 Div. 1. Generally------------------ - - - - -- 2310 Div. 2. Site Plans----------------- - - - - -- 2315 Div. 3. Utilities and Roads----- - - - - -- -- 2323 Div. 4. Individual Sewage Disposal Systems-------------------- - - - - -- 2325 A. Council Procedures ---------------------------- 2629 Code Comparative Table --- ----------- ------ 3135 Statutory Reference Table ---------------------------- --________ CodeIndex ------------------------------ --------- ___------ - - - - -- Ll AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF MAPLEWOOD, MINNESOTA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE: AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. THE COUNCIL OF THE CITY OF MAPLEWOOD, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 36, each inclusive, is hereby adopted and enacted as "The Code of Ordinances, City of Maplewood, Minnesota, " which Code shall supersede all general and permanent ordinances of the City adopted on or before February 5, 1981, to the extent provided in section 2 hereof. Section 2. That all provisions of such Code shall be in full force and effect from and after 198 and all ordinances of a general and permanent nature of the City of Maplewood, adopted on final passage on or before February 5, 1981, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code. Section 3. That the repeal provided for in section 2 hereof shall not -be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordi- nance. Section 4* That any person convicted of a violation , of such Code shall be punished by as prescribed in section 1 -18 thereof, or as provided in any other applicable section of such Code. Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the Council to make the same a part of such Code, shall be deemed to be incor- porated in such Code, so that reference to such Code shall be under- stood and intended to include such additions and amendments. Section 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty, as pro- vided in section 4 of this ordinance and in section 1 -18 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically re- pealed therein. Section 7. Any ordinance adopted after February 5, 1981, which amends or refers to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code. Section 8. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 9. This ordinance and the Code adopted hereby, shall become effective I .Y 1 'f Passed by the City Council of the City of Maplewood, Minnesota, this day of ATTEST: Clerk Mayor AYE S - NAYS- ON -S INTOXICATING LIQUOR'LICENSES The maximum number of on -sale liquor as of the last f eder al decennial census, unless the Minnesota Municipal Commission has t cities with s The numbers for both plit liquor and made a more recent determination. Action E ri Date ;.w r i • '` licenses . � es depends n the of the city for other "wet" cities are as follows: - 1. cities of the first class (population) exceeds 100, 000) , one on -sale �Y license for every 1,500 inhabitants, not to exceed. ' 200 licensese i f he second class (p opulation 20.0000 to 100, OOO) , one on -sale 2. Cities o t l� license every cense for 2,500 inhabitants; provided, however, that up to �'Y be issued in a city of the second class regard - 18 on -sale licen ses may less of population, 30 Cities of the third op ird class (population 10,000 to 20,000), 12 on-sale licenses. 4. Clues of the I� fourth class (population does not exceed 10,000 including former ge neral and s law cities and boroughs), seven on -sale licenses. 5. Statutory Statuto cities of 5,000 to 10,000 population, 6 licenses. 6. Statutory. cities of 2,500 to 5,000 population, 5 licenses. 7. Statuto ry cities of 500 to 2,500 population, 4 licenses. 8. Statuto ry cities of less than 500 population, 3 licenses. The council of any city g issuin on -sale licenses may issue on -sale licenses in excess of the number authorized as cited above by following the following Procedures: The c ouncil ma it b majority vote may direct that either of the following � Y questions be placed on the ballot at a special election called for such purpose or at th e general election: "Shall the city council be allowed to issue on -sa e 1 licenses for the sale of intoxicating liquor at retail in excess of the number now Pew- Y tted b law?" or "Shall the city council be allowed to issue on -sale licenses for the sale of intoxicating liquor at retail in ��� additio to the nu�rr�ber now permitted by law. If a ma3o rit y of voters voting on the question vote in the affirmative, the council ray issue on -sale licenses in such number as as it may det ermine , or in the number specified in the ' b q u estion voted upon, without being limited to the number perm itted y law. A city which has additional licenses;, should determine after the elect ion, by haw man licenses are to be issued in the city. ordinance, Y tTOXICATING LIQUORS less than 30 guests at one ,nt therefor, served with or combination on -sale and Ling liquor at retail and i incident thereof may also malt beverages, and soft ent, and make available eludes an on -sale or .combi- urant or selling food for ality issuing the license or yb a a hotel, under the control for the serving of meals, gularly served at tables to vide the usual and suitable ent shall have facilities for second and third class and t shall have facilities for umber as the municipality ties of 10,000 population or I in an unincorporated or !ilities for seating not less my board may determine. 17] 1974, c. 196, § 1; Laws 1974, c. 509, § 161. did not contain appropriation fective date. See § 645.02 for .ng the effective date. added "and may offer record - nent, and may offer recorded ., and make available coin -op- :vices" at the end of the first did not contain appropriation 'ective date. See § 645.02 for ng the effective date. Laws 1980, c. 509 was a cting erroneous, ambiguous, references and text and elim- ulant, conflicting and super- odity" defined, see § 31.01. 13, provides that this act is 'lowing its final enactment. February 6, 1976) u ted is hereby abolished. ter are transferred to the 1 Laws 1976, Chapter 5, enue. INTOXICATING LIQUORS §340.11 The commissioners of public safety and of revenue are deemed to be the successors of the liquor control commissioner and the matters within the jurisdiction of the former commissioner and shall not be deemed a new authority. Any proceeding, court action, prosecution, or other business undertaken or commenced riot to the assage of Laws 1976, Chapter 5 a public safety re hereby assigned to the commissioners of p a ppropriate and may be completed by them. . y of revenue as a PP P Laws 1976, c. 5, § 7, of f . Feb. 7, 1976. _ Laws 1976, c. S, § 13, provides that this this act is effective the day following its final enactment. (Governor's approval February 6, 1976) Cross References - Liquor Control functions of Public Safety Com- missioner, see §§ 299A•01 and 299A.02. Library References Intoxicating Liquors 0=610). C.J.S. Intoxicating Liquors § 139 et seq. 340.09. Repealed by Laws 1976, c. 5, § 12, eff. Feb. 7, 1976 The office of Liquor Control Commissioner Laws 1976, c. S, § 13, provides that this act is was abolished by § 340.081. See, also, effective the day following its final enactment. §§ 299A.01 299A.02. (Governor's approval February 6, 1976). 340.10. Publishing regulations All regulations made b the commissioner of public safety shall be printed in book form. Such regulations shall of comply otherwise com 1 with the administrative procedure act as contained in chapter 15. Amended by Laws 1976, c. 5, § 11. 1976 Amendment. Changed references from control commissioner to the commissioner of pub- the department of liquor control and the liquor lic safety. 340.11. Licenses Subdivision 1. Prohibitions. It shall be unlawful for any person, directly or indirectly, upon an pretense or by any device, to manufacture, import, sell, exchange, barter, dispose of, or keep Y , y p for sale an intoxicating liquor without first having obtained alicense therefor. Sales, however, may be made without a license, as authorized by subdivision 15. Nothing herein shall prohibit the natural fermentation of fruit juices in the home for family use, or Y b an institution of higher education for scientific, experimental or educational purposes only. � cturers' and wholesalers' Subd. 2. Wholesalers and manufacturers licenses. Manufa licenses shall be issued by the commissioner of public safety. A manufacturer's or wholesaler's license shall include the right to import. The business of manufacturer and wholesaler may be combined and carried on under one license issued therefor. Subd. 3. Common carrier licenses. The commissioner of public safety may license a Pe rson certificated by either the state of Minnesota or the United States of America, or an agency thereof, as a common carrier engaged in the business of transporting persons for g Y hire in interstate or intrastate commerce to sell intoxicating liquor, but no such license shall be issued unless such common carrier serves meals or lunches in the place where such intoxicatin g liquor is to be sold. A person applying for such a license shall pay the commissioner r of public safety a fee of $100 per annum. The expiration date of each license issued shall be determined by the commissioner of public safety. A duplicate of each license shall be posted in each place where intoxicating liquor is sold by such person and shall be obtained from the commissioner of -public safety upon the payment of a $10 fee for each duplicate. A licensee under this provision may serve intoxicating liquor only to a bona fide passenger thereof who is actually being transported in interstate or intrastate commerce. 17 22 Minn.S.A -2 1951 P. P. c XP M , t i INTOXICATING LIQUORS INTOXICATING LIQUORS 000 to 10 e ) In statutory cities of 5, § 340.11 the � • ur boats, Notwithstanding any law to the cont nn al or issued. u S erior to an annu statutory cities of 2,50 to 5,c Subd. 3a. Lake , P may license any Person regularly engaged, on (f) In commissioner of public safety Y •n tours by boat upon Lake Superior and adjacent issued. is in the business of of g for consum tion upon the statutory cities of 500 to 2,5 seasonal bas (g) In intoxicating liquor at on each day of the wee while the boats . bays to sell intoxi g Q issued. • authorize the on of intoxicating liquor both issued boats. The license shall au mooring. No license shall be statutory cities of under 50 boa Wr In underway or in use or attached to a dock or other moo g ( meals in the place where are and Y used in the tour business regularly sells issued. is su bdivision the unless each boat u For purposes of th intoxicating liquor is sold. boats while they are attached to a dock or ration are repea • liquor made upon the b the -whose acts of incorporation All sales of intoxicating q • ictions on liquor sales prescribed y ses o f this subdivision, other moons shall be subject to any restr r of the county when they are -For purpose ° g_ is are attached, o federal decennial _census or by any al g overning body the boa a prohibit liquor sales within its f g 8 dy of the city w • - govern body may li P his subdivision shall not be cons' attached outside a city, and any g g. an additional license, or require any fee This may be issued in any jurisdiction, but no governing body may require y pursuant licenses w sled by Lav ovided that any city in. which a boat licensed p s• 6 and 7. R,epe or occupation tax, for the sales, Pr bdivision is m period of at least three consecutive months Subd xation or consol to this su oored continually for a pe the time Anne • intoxicating liquor at on-sale during .Subd. 7a• b section 340.13, s� may require a boat to obtain a license to sell h a license not to exceed on 11Censes imposed • y • on shall not t ' 's y a continually moored, and may charge a fee for such license issued by a city prescribed by this sects ation of it i so l license for a comparable all -year on -sae Any char ed • • authorized by subdivision a ny consolidation or ann ed• the fee g 's subdivision shall be in addition to the number remain in effect and be renew • h a 5 pursuant to thi • a nnexed to or consolidated with a. times in the area of each boat were intoxicating a • t h thereafter A license shall be displayed at all • n for a license operates more than one may continue in effec limitations, set forth in sL liq uor is sold. In the event that a person ap, g he commissioner and displayed tics$ and issuance or renewal o 1iq 1 to the iss co of the license shall be obtained from t a license shall be $1,0 • Y • • on-sale W boat, a duplicate py st for each license and each duplicate copy of te app . No more Subd. 8. Additional ale on each boat. The co • • ner upon application for a license or duplica public safety also 1 p ayable to the commissio Po a ovidin tours originating commissioner of P „ licenses annual y p y es or duplicate copies shall be issued for boats pr g may .grant 15 on -sale are rE than three livens P ration one licensing jurisdiction. n provide a bond in the whose acts °. f incorporation licenses in any hereunder shall pr ma y Issue nine on s six "on- The person applying for a license or duplicate SPY irements as that required of common less than 5,000, include carriers under section 340.12 Pe manner and amount and meeting the same requ 2500 and name city" doe i 1 . an municipality shall not be statutory s not Laws 1973, Chapte1 Off -sale licenses. "Off- sale" licenses issued by • y of public safety, but repealed Y Subd. 4. bond b the commissioner p increase or decrease ether with the Y c onstrued t,o effective until approved, tog any mu nicipality. shall be a able to such commissioner for such approval. annual license sale licenses; cc no f ee P Y anted and Sbd the u 9 On On -sale licenses. "0n- sale" licenses shall be 8�' year b the respective ' X icating liquor in hot Subd. 5. cif ied sum for they Y s h a ll be fixed in advance at a spe • • revoke a license sale of into major its ope fee therefor sha ens liquors in maJ rP° • • • • rued to issue licenses, and each municipality may within ten y whirl municipalities autho an "on -sale license shall wi s ections 473.601 to 473. i for cause. A municipality issuing regu scheduled air passenger issued by it • ioner of public full name and address re f rc after such issuance submit to the commiss ic safety the P ion including the trade name, the h person anted a license, and other informat the s ame have been detached of ear pe. 8r' ' expiration and any change of address, transfer, Subd. 10. on-sale licenses; effective license date, the date of expir l uors by any cou] • such license by the municipality during the license pen, intoxicating • Q cancellation or the revocation of s to an of the provisions of the intoxicating A county board may issu No "on -sale" license shall be issued contrary Y (2) ' hin the unorganize liquor act• d or unin� wit licenses. E xcep t as provided in subdivision 18, or as with the approval of the com' Subd. 5a. Number of on afte -sale liven P an sit in excess of the der this clause Sub renewed un • b law, no on -sale licenses shall be issued in Y city of whether a ! secured a writ' otherwise provided Y shall apply equally o all cities regardless bo l ard shall have following limitations, which , PP Y t C shall include a recit municipal liquor store is maintained. 150Q ulation, up to sta ears pY P se ma y be issued for every PoP within a pe�Qd of five y a In cities fi one liven of the rs c, y (} the sale of non to - intoxicating, .a maximum of 200 licenses. may be issued, plus one the a plicant will comply Wit • • second class, not more than 18 licenses y said lie( P cities of the business in the event (b} In population in excess of 45,000. al license for every 2,500 pop license, the county addition licant, t • • third class, not more than 12 licenses may be issue . board sha re re p u tation of e (c} In cities of the propriety a nd is • • s includin those cities whose acts of incorporation a reP the aPF mises and prep Y (d) In cities of the fourth clan , V Section 5, not more than seven licenses may pre re sled by Laws 1973 Chapter 123, Article , Pe be issued. 18 > . 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I i in the ommon not be qty, but license pective license n days iddress pie, the ansfer, period. icati ng or as of the Cher a ,up to is one m are s may sfr 1 7 .r, tvN '.ter 1 INTOXICATING LIQUORS § 340.11 (e) In statutory cities of 5 , • 000 to 10,000 population, not more than six licenses may be issued. • • 500 to 5 000 population, not more than five licenses may be (f) In statutory cities of 2 P° issued. • • 500 to 2 504 ulation, not more than four licenses may be (g) In statutory cities of PoP issued. ' ' under .500 population, not more than three licenses may be - (h) In statutory cities of PoP - issued. -. For purposes of this subdivision the term "statutory city" does not include those cities - are repealed b Laws 1973, Chapter 123, Article V, Section 5. whose acts of incorporation P� y shall be determined by the most recent For purposes of this subdivision, population sha � law• federal decennial census or by any special census taken pursuant on -sale • subdivision not be construe This subdivision shall d to increase or decrease the number of licenses which may be issued in any municipality. alit p Y Subds. 6 and 7. Repealed by Laws 1975, c. 345, § 7. Subd. 7a. Annexation or co nsolidation. Except for the limitations on ownership of licenses imposed by section .34 0.13 subdivision 3, a license validly issued within the number prescribed by this section shall not be subsequently rendered invalid or illegal by reason of • annexation of territory to a city, and may thereafter continue to wed. Any such license which is located any consolidation or ann which is remain in effect and be rene m territory annexed to or consolidated with a municipality which operates a municipal liquor store may thereafter continue in effect and be renewed, and the provisions, including restric- b • ons and limitations, set f in subdivision 5a and section 340.353, subdivision 5, shall not apply to the issuance or renewal of such licenses. • Louis county, if the . 8. Additional on -sale licenses; St. Louis county. In. cities St • • ird class Subd of the th commissioner of public safety also approves, the governing body in those cities 15 is licenses and in cities of the fourth class, including , ion 5 may Brent Chapter ter 123 Article 5 Sect , whose .acts of incorporation are repealed by Laws 1973, •P 'ulation of more than ma issue nine "on- sale" licenses and in . statutory cities having a population o the term 500 Y For purposes of this sub 2,, and less than 5,000, six "on- sale" licenses. . 66 snot include those cities and boroughs whose acts of incorporation are tatutory city doe iti be ter 123 Article 5, Section 5. This section shall not repealed by Laws 1973, Chap ber of "on- sale" licenses that may be issued in construed to increase or decrease the num any municipality. certain airports. An on -sale license may be issued for the Subd. 9. On-sale licenses , P hotels restaurants, and establishments for the sale of on -sale i sale of ntoxicating liquors in ' b public corporations organized and existing under liquors in major airports operated Y P m uch public corporations as terminals for sections 473.601 to 473.679, which are operated by s P 8'u thereof constituting regular scheduled air passenger service where the lands or any P s 473.625 to 473.631. Subd. 10. On - sale 1 the same have been detached from cities under and pursuant to section . 1. icenses • counties. (1) On -sale licenses may be issued for the sa of intoxicating liquors by any county herein provided for. tin liquors within the unorganized or unt board may issue an "on- sale" license for the sale of intoxicating club (2) A co Y uninco rated area of the county, to a restaurant or to a , � mmissioner of public safety. No license shall be issued or with the approval of the co ' se after the application has been made therefor, until the county renewed under this clau PP statement of the sheriff concerning the applicant. Such board shall have secured a writte n s not, statement shall include a recital that to the best of his knowledge the app licant ha y within, a period ears Latin of five p rior to the date of such application, violated any law relating to the sale of non-intoxicating 9 malt liquor or intoxicating liquors and that in his judgmen • he laws and regulations relating to the conduct of said the • applicant will comply with t license is issued or renewed. Before issuing or renewing any business in the event said • statement • consider the st of the sheriff, the character and license, the county board shall c business to be conducted, and the type of reputation of the applicant, the nature of the premises and propriety and location of said business. 19 ^ e it 'ice •' 7 ' !, 3 ' �. f�y J . �� � t.n �.�. } ,tom y .� ,�•�` .vY r r1 .5�ah� e N n IN a • y � =s L .•-t z .. aK ' may; 1 1��� •'N"" AIY.f! C a y INTOXICATING LIQUORS § 340.11 issued pursuant to this clause shall be governed by the appropriate provisions All licenses of the intox q icating liquor act except as otherwise provided for herein. The license fee for non -sale license issued pursuant to this section or pursuant to any other law governing a issuance of a license by a county shall be fixed by the county board. The fee shall be the issua • � an amount as is competitive with similar licensing fees in comparable areas where m such intoxicating • tin liquor is sold at on -sale. If the licensed premises to which any license issued q ursuant to this section or any other law governing the issuance of a license by a county is located in a town, an additional license fee may be set by the town board in an amount not 1 _ to exceed 20 pe rcent of the county license fee. No premises located in a town may be licensed by _ the = county board unless a resolution of the town board of supervisors indicating their support o'Y opposition to the granting of the license is filed with the application for _ the license. If the town board of supervisors refuses or fails to adopt a resolution indicating heir support or opposition within 30 days after being requested to do so by the applicant, P S it shall be resumed that they support the application. No license may be issued by the county board of any county pursuant to this section to n who directly or indirectly has been issued an intoxicating liquor license by the any peso Y county board or by the governing y bod of an y city located within the county. Nothing in this paragraph shall be construed to prohibit the re- issuance of any intoxicating liquor license already issued pursuant to law as of June 5, 1975. Subd. 10a. Off -sale licenses; certain counties. (1) Off -sale licenses may be issued for the sale of intoxicating liquors by certain counties herein provided for. 2 A count board of any county containing unorganized area may issue an off -sale liquor license within any unorganized area of the county to - an exclusive liquor store with g the approval of the commissioner of public safety. All licenses issued pursuant to this clause shall be governed by the appropriate provisions Of the intoxicating liquor act except as otherwise provided herein. The license fee for an off -sale license issued pursuant to this section shall be fixed by the county board in an amount not to exceed $500. Subd. 11. On -sale licenses, including hotels, clubs, restaurants, and on -sale exclusive liquor stores. "On- sale" licenses may be issued by municipalities for the sale of intoxicat- in liquors in hotels, clubs, restaurants and establishments for the sale of "on -sale liquors exclusively i within the number authorized by this section. Except n a city of the first class and in addition to the number of licenses authorized by this section,_ an "on- sale" license may be issued if approved by the commissioner of public safety, to a bona fide club which Y nce for 15 ears or more or to a congressionally chartered veterans has been in existence Y organization which has been in existence for 10 years. Such a club or veterans' organiza- tion � shall be incorporated in order to be eligible to apply for a license, and the license issued shall be for the sale of intoxicating liquors to members and bona fide guests only. The license fee for such an "on- sale" license issued by a municipality pursuant to this subdi vision shall be in an amount determined by the governing body thereof subject to the following imitations: up to $300 for a veterans organization or fraternal club with a membership P of 200 or less; u to $500 for a veterans organization or fraternal club with a m embership embershi of between 201 and 500; up to $650 for a veterans organization or fraternal club with a membership of between 501 and 1,000; up to $800 for a veterans organization or fraternal club with a membership of between 1,001 and 2,000; up to $1,000 for a veterans organization or fraternal club with a membership between 2,000 and 4,000; up to $2,000 fora organization anization or fraternal club with a membership of between 4,001 and 6,000; and up to $3,000 for a veterans organization or fraternal club with a membership embershi of more than 6,000. For purposes of the maximum license fee which may be imposed b a municipality pursuant to this subdivision, "fraternal club" means a club P� im Y which serves only embers and their guests and which uses any profits derived from these Y :sales principally f ors s ponsoring activities beneficial to the community and not for the po g benefit of an y jointly Except in cities of the first, second, and third class, a license 'ointl co may be issued y to gre ssonally chartered veterans organi tions which otherwise qualify under this subdivision. 20 INTOXICATING LIQUORS Subd. 11a. On -sale licenses to cei or municipal charter provision. to the liquor may be issued to establishment in sections 473.551 to 473.595 and w purposes upon payment of the regu wherein the licensed premises are intoxicating liquor to club members Subd. 11b. On -sale licenses to ce the of intoxicating liquor may, V city of the first class to any nonprofit 1972 to promote, stimulate, and supl ment of the theater and cultural arts which has operated a repertory they licenses may be issued notwithstal ordinance relating to liquor patrol li and such -licenses shall be in exce: otherwise. All other laws, charter I regulation of on -sale liquor establish revocation of licenses shall apply authorize the sale of intoxicating ligt presented by such nonprofit corpora their guests. Subd. 11c. Sale of liquor at spc any municipality as defined in secti any holder of an on -sale intoxicatil adjacent municipality to dispense it ence, meeting or social affair condu owned by the municipality or insti and appropriating authority, and lc engaged to dispense intoxicating lit permitted to use the premises, ai attending the event. The licenseE attending or participating in any dispensing of intoxicating liquor sh dispensing of intoxicating liquor intoxicating liquor shall be in act municipality, and such terms and a to designated areas of the facility. the municipality by an on -sale lice dispense intoxicating liquor. Th+ construed as counting as an addit determining the number of liquor section 340.11. Subd. 12. On- sale- off-sale and the fourth class, or a statutory ci license and an "off-sale" license to an "on- sale" license separately to "on- sale" license. Whenever the I is reported by a federal census inhabitants, such city, may contini a combination license in lieu of license in the same manner as i Subd. 13. Off -sale licenses; i ante with the following: (1) In cities of the first class inhabitants thereof; such a licew a general food store, or an exclu 4 ' • INTOXICATING LIQUORS � 340.11 Subd. l la. on-sale licenses to certain sports commissions. Notwithstanding any law or municipal charter provision to the contrary, on -sale licenses for the sale of intoxicating liquor may be issued to • establishments located on lands owned by the commission created 473.595 and which are used primarily for sports and recreational in sections 473.551 to purposes upon payment of he re g ular on -sale license fee therefor to the municipality . wherein the licensed premises are located. Such licenses shall authorize the sale of intoxicating liquor to club members and . guests only. r rations. "On- sale" licenses for Subd. llb. On -sale licenses to certain nonprofit co po it issued in any the city. of the first c an sale of intoxicating liquor may, in the discretion of the municipality, • a 1 lass to nonprofit corporation which was orgazed ation and develop - p prior to Janu ry , Y ni 1972 to roynote, stimulate, and support community education, appreciation other means and men t of the theater and cultural arts through dramatic performances an Such • ted a re rtory theater in the city since at least January 1, 1972. which has opera otwithstanding any limitations imposed by law, charter or licenses m4 be issued • liquor atrol limits, zoning, or school or church distance limitations ordinance relating to 1 q P • all be in excess of any and such l limitations imposed by subdivision 6,' or licenses sh • charter provisions, or ordinances relating to the licensing and otherwise. All other laws, P . • liquor establishments, including the granting, renewal, suspension or. . regulation of on -sale q • 11 apply. An license issued pursuant to this subdivision shall revocation of licenses sha pp y • Y authorize the sale of intoxicating liquor only to holders of tickets to dramatic performances presented by such nonprofit corporation and members of such nonprofit corporation and their guests. Subd. 11c. Sale of q P liquor at sports or convention facilities. The governing body o • defined in section 340.07, subdivision 11, may by ordinance authorize E any municipality as d intoxicating liquor license issued by the municipality or by an any holder of an on -sale g q ' ' dispense intoxicating liquor at any convention, banquet, confer - ipality to Pe ence, meeting or social affair conducted on the premises of a sports or convention facility adjacent munic nicip y alit or instrumentality thereof having independent policymaking owned by the mu • authority and located within the municipality. The licensee must be and appropriating autho y, xicatin liquor at such an event held by a person or organization engaged to dispense into g q use the remises, and may dispense intoxicating liquor only to persons permitted to u P ' the event. The licensee shall not dispense intoxicating liquor to any person attending • ' ' tin in an amateur athletic event held on the premises* The attending or participa g Y governing the dispensing nsin of intoxicating liquor shall be subject to all laws and ordinances go sin g of ispe g intoxicatin liquor as are not inconsistent herewith. All dispensing dispensing of g � intoxicating liquor shall be in accordance with terms and conditions prescribed by the • • terms and conditions may limit the dispensing of intoxicating liquor municipality, and such • • . The municipality may fix and assess a fee to be paid to to designated areas of the facility. the municipality by an o n -sale licensee for each occasion where the licensee is engaged to dispense or. The authority granted by this subdivision shal d l not be ie intoxicating liquor. -sale intoxicating liquor license for purposes of . . construed as counting as an additional on liquor licenses permitted to be issued under the provisions of determining the number of q section 340.11. Subd. 12. On-sale-off-sale and combination on -sale and off -sale licenses. A city of � auto city of 10,000 inhabitants or less may issue an "on sale the fourth class, or a statutory Y " license to the same licensee or, in lieu of issuing an off -sale and license and an off -sale lice to such licensee, may an on -sale license separately issue a combination "off- sale" and i= Whenever the population of a city of the fourth class, or a statutory city 40 on -sale license. Whene pop . 1 census to have increased in population to more than 10,000 is reported by a federal ma continue to issue an "off- sale" license to an "on- sale" licensee or inhabitants, such ci y, y „ • lieu of a separate "off -sale license and a separate "on -sale" a combination license in li P • nor as it issued the same prior to such increase in population. { license in the same man anted in accord - S ubd. 13. Off -sale licenses; number. "Off- sale" licenses may be granted snce with the following: • • t class not more than one "off -sale" license for each 5,000 (1) In cities of the firs inhabitants thereof; eof • such a license may be issued only to the proprietor of a drug store, or a general food store, or an exclusive liquor store. 21 �# , •�.• �� � .�� R °�,` t '���`' 2 � a r'�� �: "Fr A'i �r'�s ,w�m �,..rts ;¢_ ,. � � � tit r � a ,�` �� � � •± K:. O ..'�, `� `j �' � t ^•�4 f � � ��x lid S'=t� �^.^�Y j Y ^or 'i X7+7 � � T. kk- {�. y..�+� t .c sy`.� "Xa , ^ ^f' '��� � > �r;1 ^�� v:r� ��""•• �: C J. J ~ Y� d . T Q V ��- ••• ri :p�"" rte �4 ,►. z`"' ..c � n=,- �,� .. � J : �r, � " ,+cM .+ ~ � ,.�Y,r j ,Y� x. • �. -• t 5 !i'. �C .�> �y' twsr � y '!, vF�ti �'4• �; INTOXICATING LIQUORS fit § 340,11 • other than cities of the first class, the number of "off- sale" licenses to be (2) In all ci ties ° thereof. In such cities, an "off -sale iss ued shall be determined by the governing body ic issued only to a proprietor of a drug store or an exclusive liquor st l ore license shall be except as otherwise provided in this section. issuance of licenses shall • 14. License fees. The license fees to be paid before the is S s pr ovided in clauses (a), (b), (c), (d). . be as pr to the t as rovided in clauses (b), (c), and (d), any manufacturer shall pay ( Excep P, and a fee of $3,000 for each duplicate thereof._ state annually a license fee of $ 2S percent of alcohol b� (b) Any manufacturer of wines containing not more than pe volume shall pay to the state annually a fee of $500. pro in clauses (a), (b), (d), any wholesaler shall pay to the state (c) Ex cept as pro Vl license fee of $7,500, and a fee of $3,000 for each duplicate thereof. annually a 1 25 percent of alcohol by volume (d) Any wholesaler Of wines containing not more than '. uall a fee of $750. . shall pay to the state ann y .. . . 4` .L , ...T. • • •• Y: license fee for an off -sale license in the cities of the first class steal , (e) The maximum sed by a sum of which, together with any occupation tax that may be impo • be the iss aid "off- sale" license, will not exceed the sum of lity 1,000 annually; in municipaw . • the maximum license fee ` .. • • population, except cities of the first class, all cities of over 10,000 pop ulation between 5,000 and r, for an "off- sale" license shall be $200' in all cities with a pop rise fee shall be $1 S0; in all cities of 5,000 population or less, the . -.- 10,000 the maximum lice sale" licenses shall be maximum license fee shall be $100. All such license fees for off • or issued _ - Where such licenses shall be i payable to the municipalities issuing the license. ' share of the annual license fee. .Y less than one year, a fee may be a pro rata UcenSes not required. It is lawful for a brewer to sell intoxicating t Subd. 1S. es to his employee or to a former employee who is retired because o age or beverag ilit Such beverages shall be sold for consumption off the premises onl physical disability sold to an one person in any one week shall not exceed 7b8 fluid ounces. and the amount Y la sales r elating to minimum prices for the sale of intoxicating malt r{ The requirements of 1 8 r 1 to sales made under this subdivision, nor shall any license be beverages shall not app in of such sales. It is also lawful for a collector of commemorative . £ required for the making terms are defined in section 340.44, to sell commemorative bottles to , bottles, as these t , -r another collector without obtaining a license. municipalit -- bd. 16. Expiration date. All intoxicating liquor licenses issued by a 1 ------------ Su P the first class, except manufacturers' and wholesalers licenses, steal other than a city of is expire on the same date. te of sub�d. 171 �r ti =- main Vol urne for to ' y includ of any cit - Additional licenses; referendum. The governing body -_ Subd. 18. y .r and cities issuing "on- sale" licenses pursuant to section 340.353 may :.... ing statutory cit "•• "on- sale" licenses in excess of the number authorized by this section, upon authonza- issue on sale 1 se or =y b the voters of the municipality voting at a special election called for such purpose teen y Such governing body ma by majority at the general election in the municipality. • f the following questions either placed on the ballot at a special election `r direct that r o "Shall the city council be V called for such purposes Or at a general election of the city. at retail in excess of t. �,� `'�J to issue allowed to issue "on -sale" licenses for the sale of intoxicating l quor rmitted by law? or "Shall the city council be allowed , the number no w pe -• ` _ - licenses for the sale of intoxicating liquor at retail m addition :.. . , , , • • • • , on-sale" votin on the question at If a majority of voters voting, to the number now permitted q by law? may issue "on- sale" licenses in ✓; = I such election vote in the affirmative, the governing body Y such number as shall be determined by the referendum. ,..r; . cities. The governing body of any Subd. 19. Reissuance of licenses, certain city in d t fr1 s Y ..Y X a rt the buildings thereon have been taken for a public purpose y which real prope • y or p two domain proceedings and such property was actually and lawfully otiation or eminent d _ negotiation g intoxicating li uors immediately prior to such taking, and in which city -i used for the sale of into g q 'to in which sales of intoxicating liquors have been prohibited y city .r , there is any tern ry • empowered, a majority vote oft the arter, or law of this state, is hereby authorized and em wered, by Y INTOXICATING LI( governing body ther territory, to reissue location shall be sul Provided further tha a ceomplished by Jul relocated pursuant tc to be renewed, reiss' Subd. 20. On -sa14 authorizing the sale on the licensed prenr. (b) For purposes o control of a single p and where, in conic the general public, E service to its guests ( Any municipa county authorized t on -sale wine 11Cens guests at one time• the sale of intoxie on -sale wine license the license fee char is less. Licenses is the commissioner. days of the week sale of wine on al Amended by Laws 1 1973, c. 1 79, § 1; L 1A 1975, e. $ § 1; 1977; Laws 1977, c. M 26,1977; Law' § 3 Laws 19799 c. 19819 C. 118, § 1, of 27 U.S.C.A• § 2 1973 Ainmendmeni §§ 1, 2, substitute boroughs whose ac by Laws 1973, Chi for "Not more tha be issued in any v lation" in the sea tory city" for "will ed the Seventh al and substituted having an area of inserted "include c orporation are 1 123, Article V, ••statutory cit es tence and added su bbd, 8. Unifon see, note precede Laws 1973, c authorization fc "villageS" -and - or the substitut for "villages" ai �d t QUORS s tat►be ff- sale" .3r store es shall to the jereof. ►hol by ►e state pality shall cl ud- g may ioriza- use or vote ction cil be f !Ss of issue Idition Lion at ises in -ity in )se by wfully + city ci y of the INTOXICATING LIQUORS 340.11 g overning body therefor, in addition to the number of licenses issued in such prohibited territory, to reissue such license at any location, including hotels, in said city, which location shall be subject to all limitations, now prescribed by any law of this state. Provided further that any change of location due to a taking after July 1, 1972, must be accomplished by July 1, 1976, but all licenses issued, renewed, reissued, transferred, relocated pursuant to this section or any other similar provision of state law, may continue to be renewed, reissued, transferred or relocated pursuant to the terms thereof. Subd. 20. On -sale wine licenses. (a) "On -sale wine licenses" shall mean licenses - authorizing the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. (b) For purposes of this subdivision "restaurant" shall mean an establishment, under the control of a single proprietor or manager, having appropriate facilities for serving meals, and where, in consideration of payment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. (c) Any municipality which maintains a municipal liquor store or any municipality or county authorized to issue "on- sale" licenses for the sale of intoxicating liquor may issue on -sale wine licenses to any restaurant having facilities for seating not fewer than 25 guests at one time. The licenses shall be in addition to the number of on -sale licenses for the sale of intoxicating liquor authorized by the intoxicating liquors act.' The fee for on -sale wine licenses shall be set by the issuing authority, but shall not exceed one -half of the license fee charged by the issuing authority for an on -sale license, or $2,000, whichever is less. Licenses issued pursuant to this subdivision shall not be effective until approved by the commissioner. The licenses shall authorize the sale of wine as herein provided on all days of the week unless the issuing authority restricts the license's authorization to the sale of wine on all days other than Sunday. Amended by Laws 1973, c. 123, art. 4, §§ 1, 2, eff. Jan. 1, 1974; Laws 1973, c. 123, art. 5, § 7; Laws 1973, c. 179, § 1; Laws 1973, c. 664, § 4; Laws 1974, c. 268, §§ 1, 2; Laws 1974, c. 283, § 1; Laws 19 75, c. 334, § 1; Laws 1975, c. $45, §§ 1 to 4; Laws 1976, c. 5, § 11; Laws 1977, c. 56, § 1, eff. May 5, 1977; Laws 1977, c. 89, § 14, eff. May 17, 1977; Laws 1977, c. 217, § 1; Laws 197L c. 239, § 1, eff. May 26, 1977; Laws 1978, c. 607, § 1, eff. March 29, 1978; Laws 1978, e. 742, § 1; Laws 1979, c. 305, § 3; Laws 1979, c- 325, § 1; Laws 1980, c. 509, § 62; Laws 1980, c. 581, § 1, eff. April 17,1980; Laws 1981, c. 118, § 1, eff. May 9, 1981; Laws 1981, c. 123, § 1, eff. May 9, 1981; Lawa 1981, a 857, § 83. 1 27 U.S.C.A. § 201 et seq. 1973 Amendments, Laws 1973, c. 123, art. 4, Laws 1973, c. 179, added subd. 11b relating to §§ 1, 2, substituted "including those cities and on -sale licenses for certain non - profit corpora- boroughs whose acts of incorporation are Tepealed tions. Laws 1973, Chapter 123, Article V. Section S" Laws 1973, c. 664 deleted the third, fourth, fifth by t more than twelve 'on -sale' licenses shall and sixth sentences of the second paragraph of for No S . 2. For prior text see main volume. be issued in any village of 10,000 to 20,000 popu- 1974 Amendments. Laws 1974, c. 268, added lation" in the second sentence, substituted "statu- subds. 18 and 19. tory city" for "village" where appearing and add- Section 4 provided that nothing in sections 1 { ed the seventh and eighth sentences in subd. 7; and 3 of this act shall be construed to effect the ` and substituted "St. Louis county" for "counties status of any "on- sale" license already issued in having an area of more than 5,000 square miles ", any city pursuant to law. r inserted "including those cities whose acts if in- Laws 1974, c. 283, added ", or by an institution corporation are repealed by Laws 1973, Chapter of higher education for scientific, experimental or � 1.23, Article V, Suction five," and substituted educational purposes only at the end of subd. I. i 1975 Amendments. Laws 1975, c. 334 removed "statutory cities" for "villages" in the first sen- the general limit, in subd. 10, on number of coup- ' fence and added the second and third sentences of subd. B. Uniform code of municli ty on -sale licenses. For prior law see main vol- s > government, ume. see, note preceding chapter 412. Laws 1975, c. 345, added subds. Sa and 20, and Laws 1973, c. 123, art. S, § 7, was a general modified citations within subds. 7a and 18. authorization for the consolidation of the terms 1976 Amendment. Changed references from "villages" - and "boroughs" into the term "cities" the department of liquor control and the liquor or the substitution of the term "statutory cities" control commissioner to the commissioner of pub - for '`villages" and /or "boroughs." lic safety. 23 i o £ +�,�••y t -. 5 .°.•y e, +• * rh 'iK"� S 'F•�� • K i 1 r f t' t - 5 ? t L L Y• ' J. .I jq. Nl . � nt « f!< i . '�`'.' - �r �. e �, : • fit ,�y r Sri:. ::l � 4 IL� , • "OA r+`�1 +- K r �3 • .r � r a i K x y c -�t � 2 :tay.c . � .T r e+t"'" T ' .'1.y .,+ ..'Y �' wya<'• � "h� 1 a r Y :K s 4 Y [ �• s w �F * K - d c< •'h e \ c 1 M � f `Y• [ Y � +Y• •9'• 7 1 v r t M' • a �a b r ^M i 'D a. d J. � d .F w - •. ,1 .f _ c c ) r " r .S ! a. r ar 1i'. r r\ � �x +r" •Jr :� y� t '`yam = iw .r •i y �� �.L ..rte w .+,..- •z \ .fir . yam.. ,i'}yy. :` n.SY..•( :`+ 71!,1, 'V ,,:? li`.• "" D.y� I Al .,Y t. L 7 f• f �`' • fi•x ti 7 "' t .' "ae add` -- t rt'�''h 'a '`' f� t 2`. �. ,, ty?..s 1: A - W .4 r1... • 7 L - y : 1 n' 3 Y t �Q ' y w Q R b '. S•YT P- t4' A ♦� J w �t4t v. 1 •rd' W A � y � w S.<. 't ''R7b {, ;;£< t. 'rr6•�r. `s , w y ..�:r;'... .! � : t �.. . �• 7 t N `. , a .,�5.. ,}�� 9Z<a+�'..� _..tT , t ..1 . ,. x t+. y _.,.... r . , ➢ • e.i. 1t•:...: z f Y �.. .�s.' a ..a a r a •� � n •1" .. C <a r �k r4 J - t• .rte•. A . 1. M V� y 3 •r "y1, is • • 'u . •+� rW an t �.. a t �.; ��} '••e �: CT•�'v�P .Ae1. •.�". - .gam` ?F"e`. ! - .r+"' %`q y • 4• � o •.Y _.i' 4t t•J T. ' �3• i nic5, • S ._t_ , i� ...FFF��� :'1�. :C�:•'lA: .,,,>.;�.. - •T • ,„ ry r ice... - ... ' �S. i f "pia.! a�'• 3 �. .f V, -• i4 a S 4 ,T S. S,. w � t.' •it ,. 4� c h <i a. fi - i J - b - j . i ✓f : I �a '� F�� .•fit , a h 1� Mr y v V w S tt 3 � } r t `y tr � . � y f a `�� rti ','•t r _w t < '1 Y a t 4 'JC t r § 340,11 1977 Amer Wi n wnts. Laws 1977, c. 56, added "other than a city of the first class" to subd. 16. Laws 19779 c. 89, substituted the commission created i sections 473.551 to 473.595" for "jointly by mofe than one municipality" in subd. Ila. Laws 1977, c. 89, § 15, provided: - -Ms act is effective in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington." Laws 1977, e. 217, added the sentence to subd. 15 relating the sale of commemorative bottles. Laws 1977, c. 239, added the second question to subd. 18. .1978 Amendments. Laws 1978, c. 607, added subd. 3a. ` Laws 1978, c. 744 added subd. 10a. Laws 1978, c. 742 did not contain appropriation items or a specific effective date. See § 645.02 for method of determining the effective date. 1979 Amendments. Laws 1979, c. 305, changed the date specified in subd. 1 lb, in two places, from January 1, 1962 to January 1, 1972. Laws 1979, c. 325 added "issued by .a munici- pality pursuant to this subdivision" and "unless the municipality sets a higher amount" to the next to the last sentence of subd. 11. Laws 1979, c. 325 did not contain appropriation items or a specific effective date. See § 645.02 for nxthod of determining the effective date. 1980 Amendments. Laws 1980, c. 509 was a Reviser's Bill correcting erroneous, ambiguous, onvtted and obsolete references and text and elim- inating certain redundant, conflicting and super - seded provisions. Laws 1980, c. 581, revised the next to the last sentence of subd. 11 which formerly provided that the license fee would be $ 100 "unless the munici- pality sets a higher amount." 1981 Amendments. Laws 1981, c. 118 added to subd. 10 the provisions relating to licensed prem- ises located in a town. Laws 1981, c. 123 added subd. 1 lc. Laws 1981, c. 123, § 2 provides as follows: "Nothing in this act shall be construed to affect the provisions of any act enacted prior to the effective date of this act authorizing any munici- pality to permit the dispensing of intoxicating liquor at any publicly owned sports or convention facility." Laws 1981, c. 357, increased fees in subd. 14 clauses (a), (c), and (d). Laws 1981, c. 357 did not contain a specific effective date pertaining to this section, but did include appropriation items. See § 645.02 for method of determining effective date. Cross References Cities of first class, retention of status despite population decline, see § 410.01. Liquor Control functions of Public Safety C xn- missioner, see §§ 299A.01 and 299A.02. Law Review Commentaries Lowering Lhe age of majority. Robert W. Jung - bans. Jan.-Feb. 1974, 42 Hennepin Lawyer S. INTOXICATING LIQUORS Supplementary Index to Notes Annexation 68.5 I. Post Prohibition Decisions 2. Construction and application Liquor licensee cannot acquire a vested right to continue a business which is subject to regulation under the police power. - Federal Distillers, Inc. v. State, 1975, 229 N.W.2d 144, appeal dismissed 96 S.Q. 209 210 423 U.S. 908 46 L.Ed.2d 137. Selling intoxicating liquors is a privilege grant- ed by the licensing authority and is subject to the State's police power. Id. 9. — Discretion of licensing authority, is- suance of license City council is vested with broad discretion in determining whether to issue liquor license. Pol- man v. City of Royalton, 1977, 311 Minn. 555, 249 N.W.2d 466. 11. "On sale" licenses in general A city which annexes a parcel and renews the liquor license for a restaurant located on that parcel must count the license renewal towards its allotted member of authorized on -sale licenses. Op.Atty.Gen., 218g -1, July 14, 1976. An on -sale license issued by a county board to restaurant located on land which is annexed to municipality, which is renewed, does not consti- tute one of that number of licenses which may be issued pursuant to § 340.353, and therefore con- tinued renewal of that particular license is not to be counted in determining whether a municipality must cease engaging in the municipal liquor store .business. Op.Atty.Gen., 2188 -11, Feb. 22, 1974. An on -sale license issued by a county board to a restaurant located on land which is annexed to the municipality remains in effect after annexation and my. be renewed by the municipality. Id. 12. "Oft sale" licenses in general City council has power to refuse liquor license or to limit number of licenses to be granted when in judgment of counsel, welfare of city suggests such action. Polman v. City of Royalton, 1977, 311 Minn. 555, 249 N.W.2d 466. 16. Census and poplation City of the first class would be required to reduce number of intoxicating liquor licenses that it might issue, based on the reduction in its num- ber of inhabitants as shown by the last federal census. Op.Atty.Gen., 218 -g -1, July 29, 1971. 17. — "On sale" licenses, number The prohibition in § 340.13 against issuance of more than one intoxicating liquor license to any one person in any municipality applies also to issuance of on -sale wine licenses. Op.Atty.Gen., 218-8, April 29, 1977. The Minneapolis -St. Paul metropolitan airports commission is authorized under this section to issue more than one one -sale license for the sale of intoxicating liquors in hotels, restaurants and INTOXICATING LIQUORS Note 83 on -sale liquor establishments locate boundaries of Minneapolis -St.. Paul Inn Airport. Op.Atty.Gen., 218 -g-6, Feb. I& ..— "Off sale" licenses, number Action of city council in denying off- license to otherwise qualified app ground that the three existing establish liquor licenses fulfilled needs of comr overtaxed city's limited traffic and la Rent facilities was reasonable. Polnuu Royalton, 1977, 311 Minn. 555, 249 1\ 46. Clubs.—In general An on -sale license authorized under tray not be issued to an unincorpora existence for less than fifteen years no owned incorporated holding company existed for fifteen years. Op.Atty.Ge Sept. 16, 1977. 62. Hotels This section authorizes a city of the to issue an off -sale intoxicating liquor hotel which possesses an on-sale int quor license. Op.Atty.Gemp 2188 -: 1974. 65. wholesalers Construction of § 340.114 requiig importers of liquor to offer their prroc to all .liquor wholesalers on an equal include wholesaler, which imports into Minnesota, performs re ctif yir bottling operations in Minnesota, bottled liquor under its own brae wholesalers in other states and to r tailers as the sole wholesale distri i coned importer" was reaso though such wholesaler did not hold distiller, it did hold a license as a which explicitly includes right to im] such wholesaler does bring liquor i Federal Distillers. Inc. v. State, 197! 144, appeal dismissed 96 S.Ct. 209 908 46 L.Ed.2d 137. Section 340.114 requiring all lice of liquor to offer their products f Minnesota liquor wholesalers on 2 does not in effect crenate a eompulso able franchise in wholesalers since quires nor compels every distiller, licensed, to offer his product to Mil salers i and since it does not nf ring4 nesota wholesaler's existing right t buy from a distiller or to deal v retailers in open, unfettered compet other. Id. 68. Municipal tegilations in gene Even after voter approval of Sup council could ordain specific Sund, would be unlawful to sell intoxicati Atty.Gen. No. 218 -g-199 January Liquor delivery scheme wherebl, cry company would offer liquor 24 MEMORANDUM Mayor and Council _ TO• ' y Mana M to FROM: Barry R. Evans, City g Ac SUBJECT Council Procedures pion by Counoi2 :, • Jul 27, 1982 DATE : y Enda� sed R 4 . meetin of July 26 it was indic ated that you wished to revise At your 4 the structure of the Agenda. • was to involve moving the Visito r Presentation to after The revision wish to proceed on this basis, an Council Presentation. If you p • should be made and passed directing the change, appropriate motion BRE:Inb J=] Action by Council.: MEMORANDUM Endorsed Modl Rejected— TO: Barry Evans, City Manager FROM: Larry-Cude, Director of Emergency Preparedness DATE: July 27 1982 At this time the Office of Emergency Preparedness has completed the working version of the Maplewood Disaster Plan. Two plans exist. The first is the voluminous document prepared several years ago which is tailored to meet the federal requirements. This document is kept current; however, it is in need of major revision and will be overhauled the last two quarters of this year. The P lan just completed by this office may be termed a ''real -time" plan intended to be the working document during an emergency. We request that this second document be presented to the council at the next meeting as an agenda item. If you have any questions, please feel free to call me. .' 0 ZOO,