HomeMy WebLinkAbout02.19.81MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M. Thursday, February 19, 1981
Council Chambers, Municipal Building
Meeting No. 81 -4
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 7:00 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 81 -2 (January 22, 1981)
Councilman Anderson moved that the Minutes of Meeting No. 81 -2 (January 22, 1981
be approved as submitted.
Seconded by Councilman Bastian. Ayes — all.
2. Minutes of Meeting No. 81 -3 (February 5, 1981)
Councilman Anderson moved that the Minutes of Meeting No. 81 -3 (February 5, 1981
be approved as submitted. _
Seconded by Councilman Bastian. Ayes — all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Letter to School Board
2. Cable TV Board
3. Battle Creek
4. Storm Water — St. Paul
5. Vacum Sweeper
Seconded by Councilman Nelson. Ayes — all.
E. CONSENT AGENDA
Council. removed Items E 4, 5, 10 and 14 from the Consent Agenda to become Items J -6,
7, 8 and 9.
Councilman Nelson moved, Seconded by Mayor Greavu, Ayes — all, to approve the Consent
Agenda as recommended:
— 1 — 2/19
1. Accounts Payable
Approved the accounts (Part I — Fees, Services, Expenses, Check No. 005236
through
Check No. 005584 — $71,726.72; Check No. 009136 through Check No. 009269 —
$206,094.19:
Part II — Payroll Check No. 26861 through Check No. 26984 — $55,406.93) in
the amount
of $333,227.84.
2. Budget Change— Paramedic
Authorized the increase in revenue and expenditures in the 1981 Paramedic
Capital Out-
lay Account 122 -4640 by $7,561.
3. Reduction of Retainage: Maryland Avenue
Authorized reduction of the retainage on the Maryland Avenue Project 77 -12
to $5,000.00
and approved payment to C.S. McCrosson, Inc. in the amount of $96,928.38.
6. Time Extension: Clausen Addition
Approved a 90 day time extension of the preliminary plat for the Clausen Addition
subject
to the original conditions.
7. Time Extension: Goff's Mapleview Addition
Approved a 90 day time extension for that portion of the Goff's Mapleview
Addition
preliminary plat which has not been given final plat approval..
_. 8. Interfund Transfers: Engineering and Administrative Charges
Resolution No. 81 -2 -22
BE IT RESOLVED, that effective December 31, 1980 transfers be made between
the
following construction projects and the General Fund for in —house engineering
and ad-
ministrative costs:
PROJECT TRANSFER TO (FROM) GENERAL FUND
NO. ENGINEERING ADMINISTRATIVE
TOTAL
75 -06 Howard Larpenteur Storm Sewer $ 11,770 $ 536
$ 12,306
76 -08 Maple Greens — Phase I1 1,497 138
1,635
77 -04 Maple Greens — Phase III 4,775 2,600
7,375
- 77 -07 Maplewood Hts. 9th Addition 130 65
195
77 -09 Gervais— Germain to White Bear Ave. 19,512 4,282
23,794
77 -12 Maryland Avenue 13,709 4,158
17,867
77 -13 Car —Don Estates 2,301 620
2,921
78 -01 Gervais —East of Hwy. 61 11,754 3,507
15,261
78 -04 VanDahl Addition 357 119
476
78 -05 Venture Woods Addition 235 78
313
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78 -09 Water on East Shore Drive
9,640
582
10,222
78 -10 Hillwood Drive
15,985
—0—
15,985
78 -18 Condor Storm Sewer
931
—0—
931
78 -20 Brookview Drive —Storm Sewer II
5,780
—0—
5,780
78 -22 Boxwood Improvements
13,240
—0—
13,240
78 -24 Beam — West of Highway 61
25,995
—0—
25,995
79 -01 Cope Connection
(4,571)
1,580
(2,991)
79 -04 English St. — Near County Road C
(337)
631
294
79 -07 Walter Street
7,310
—0—
7,310
79 -15 Radatz & Southlawn
2,633
—0—
2,633
80 -03 Water on Ripley
736
—0—
736
80 -06 1980 Diseased Tree Program
—0—
277
277
80 -12 Crestview Forest Subdivision
1,244
900
2,144
80 -13 Goff's Mapleview Addition
184
92
276
Sub —Total
144,810
20,165
164,975
Brookview Court Reductions
Approved by Council on 1 -17 -80
(4,038)
(1,053)
(5,091)
Totals for 1980
$140,772
$ 19,112
$159,884
9. Transfers to Close Improvement Projects
Resolution No. 81 -2 -23
BE IT RESOLVED that in order . to close the
accounting records
for 1980,
transfers are
needed to close the five improvement projects
as follows:
1) Transfer the remainaing $59,693.63 balance
in Project
73 -9 ( Conway
Ave. Improvements)
to Project 74 -18 (County Ditch #17).
The Conway Avenue
project had
been kept open
as additional costs were pending due
to litigation.
No further costs
are anticipated
at this time. Therefore, it is recommended
that the
balance be transferred
to the
County Ditch #17 project as it was financed
by the
same bond issue
and additional
costs are pending due to litigation.
2) Transfer $197.72 from the General Fund
to Project
76 -8 (Maple Greens
—Pahse II).
This project is now complete but the
small deficit
remaining in the
project is not
recoverable from the developer due to
a negotiated
settlement of past
and estimated
costs that was agreed to in August,
1980.
3) Transfer $5,130.70 from the General
Fund to Project
77- 11(Gervais —West of Hwy. 61).
— 3 — 2/19
After the feasibility study for this project was completed in 1979, the Council
tabled further consideration of it until the easement and assessment problems could
be resolved. Due to the anticipated high cost of easement acquisitions needed for
this project, it is recommended that no further consideration be given to these
improvements.
4) Transfer $1,511.08 from the General Fund to Project 78 -21 (Sandhurst Street).
After the feasibility study for this project was completed in 1979, the Council
tabled further action pending a request by the petition sponsor for further con-
sideration. It is recommended that this project be closed as the petition sponsor
doesn't appear to be interested in the proposed improvements.
5) Transfer $150.74 from the General Fund to Project 79 -9 (Transit Avenue). On October
4, 1979, a feasibility study for this project was ordered contingent on the developer
paying for the cost. Since the developer has not made the required cash deposit,
it is recommended that this project be closed.
11. Final Approval: Industrial Revenue Bonds — Commercial Partners
Resolution No. 81 -2 -24
A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF
REVENUE BOND PURSUANT TO CHAPTER 474,
MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANED
TO COMMERCIAL PARTNERS /MAPLEWOOD
FOR INDUSTRIAL DEVELOPMENT PROJECT -
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD (the "City ") as follows:
1. Authority. The City is, by the Constitution and Laws of the State of Minnesota,
including Chapter 474, Minnesota Statutes, as amended (the "Act ") authorized to issue
its revenue .bonds for the purpose of undertaking an authorized project, to issue and
sell bonds to evidence temporary loans to be repaidfrom the proceeds of revenue bonds
when issued and to enter into contracts necessary or convenient in the exercise of
the powers granted by the Act and to pledge revenues of the project and otherwise secure
such bonds.
2. Authorization of Bond and Series of Bonds. The City Council hereby determines
that it is desirable and expedient to authorize, and the City Council does hereby
authorize, the issuance and sale of a revenue bond of the City in the aggregate prin-
cipal amount of One Million One Hundred Thousand Dollars ($1,100,000) pursuant to
the Act to provide money to be loaned to Commercial Partners /Maplewood, a Minnesota
general partnership (the "Partnership "), to finance costs of acquiring, constructing
and equipping a commercial building in the City (the "Project Building:) to be owned
by the Partnership and leased to various tenants, together with necessary equipment
(the "Project Equipment ") to be located permanently in and become a part of the Project
Building or the site thereof (the "Project Site ") and necessary site improvements (collec-
tively the "Project" as more fully defined in the Loan Agreement hereinafter mentioned).
In anticipation of the issuance of the permanent revenue bonds authorized by this para-
graph and in order to provide temporary financing for the Project, the City shall issue
and sell its $1,100,000 City of Maplewood Industrial Development Revenue Bond (Commer-
cial Partners /Maplewood Project) (the "Bond ").
3. Documents Presented. Forms of the following documents (the "Bond Documents ")
relating to the Bond and the Project have been submitted to and examined by the City
Council and are now on file in the office of the City Clerk:
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a) Loan and Purchase Agreement (the "Loan Agreement "), dated as of February 1,
1981, by and among the City, the Partnership and National City Bank of Minneapolis
(the "Bank:) whereby, among other things, the City agrees to sell and the Bank agrees
to purchase the Bond, the City agrees to make a loan to the Partnership of the proceeds
of the sale of the Bond and the Partnership covenants to complete the Project and
to pay amounts sufficient to provide for the prompt payment of the principal of and
interest on the Bond;
(b) Combination Mortgage, Security Agreement and Fixture Financing Statement (the
"Mortgage ") dated as of February 1, 1981, by and between the Partnership and the Bank,
whereby the Partnership mortgages the Project Site, the Project Building and the Project
Equipment (the "Project Facilities ") as security for the Bond (this document not to
be executed by the City); and
(c) Guaranty Agreement (the "Guaranty Agreement ") dated as of February 1, 1981
from Robert M. Larson indivdually, Paul R. Anderson and Anderson, Alan W.
Gustafson and Gustafson, and The Arbor Company, aCalifornia Limited
Partnership (the "Guarantors ") to the Bank whereby the Guarantors guarantee the payment
of principal of, premium, if any, and interest on the Bond to the extent provided
therein. (This document not to be executed by the City);
(d) Assignment and Pledge Agreement (the "Assignment ") dated as of February 1,
1981, whereby the City assigns to the Bank all of its interest in the Loan and Purchase
Agreement and Loan Repayments of the Partnership thereunder (except its rights under
Sections 5.02, 7.01, 8.04 and 8.05), for the purpose of securing the full and prompt
payment of the Bond (the form of Assignment and Pledge Agreement attached as Exhibit
2 hereto);
(e) Assignment of Rents and Leases (the "Lease Assignment ") dated as of February
1, 1981 from the Partnership to the Bank whereby the Partnership assigns the rents
and leases of the Project to the Bank as security for the Bond (this document not to
be executed by the City); and
(f) Escrow Agreement (the , "Escrow Agreement ") dated as of February 1, 1981, by
and amond. the Municipality, the Partnership, and National City Bank as Lender and
agent (the "Escrow Agent ") whereby the Escrow Agent is to hold, administer, invest
and disburse the moneys in the project fund pursuant to the terms of the Escrow Agree-
ment.
4. Findings. It is hereby found, determined and declared that:
(a) The Project, as described in paragraph 2 hereof and in the Loan Agreement,
based upon the representations of the Partnership, constitutes a revenue producing
enterprise and is a project authorized by and described in Section 474.02, Subd. la
of the Act.
(b) The purpose of the Project is and the effect thereof will be to promote the
public welfare by: preventing the emergence of blighted and marginal lands and areas
of chronic unemployment; preventing economic deterioration; the development of sound
industry and commerce to use the available resources of the community, in order to
retain the benefit of the community's existing investmentin educational and public
service facilites; halting the movement of talented, educated personnel to other
areas and thus preserving the economic and human resources needed as a base for providing
governmental services and facilities; adding to the tax base of the City and the county
and school district in which the Project Facilities will be located.
— 5 — 2/19
(c) The Project has been approved by preliminary resolution of the Council duly
adopted August 7, 1980, after a public hearing thereon, duly called and held and has
been approved by the Commissioner of Securities of the State of Minnesota as tending
to further the purposes and policies of the Act.
(d) The issuance and sale of the Bond, the execution and delivery of the Loan
Agreement, the Escrow Agreement, and the Assignment and the performance of all coven-
ants and agreements of the City contained in the Bond, the Loan Agreement, the Escrow
Agreement, and the Assignment and of all other acts and things required under the Con-
stitution and laws of the State of Minnesota to make the Bond, Loan Agreement., the
Escrow Agreement, and the Assignment valid and binding obligations of the City in accord-
ance with their terms, are permitted by the Act.
(e) There is no litigation pending or, to the best of its knowledge threatened,
against the City relating to the Project or to the Bond, Loan Agreement, or Escrow
Agreement, or questioning the organization of the City or its power or authority to
issue the Bond or execute and deliver the Loan Agreement, the Escrow Agreement, and
the Assignment.
(f) The execution and delivery of and performance of the City's obligations under
the bond, the Loan Agreement, the Escrow Agreement, and the Assignment have been fully
authorized by all requisite action and do not and will not violate any law, any order
of any court or other agency of government, or any indenture, agreement or other instru-
ment.
(g) The Loan Agreement provides for payments by the Partnership to the Holder
of the Bond for the account of the City of such amounts as will be sufficient to pay
the principal of and interest on the Bond when due. No reserve funds are deemed neces-
sary for this purpose. The Loan Agreement obligates the Partnership to provide for
the operation and maintenance of the Project Facilities, including adequate insurance,
taxes and special assessments.
(h) As required by the provisions of Section 474.10 of the Act, the Bond shall
recite that the Bond is not to be payable from nor charged upon any funds other than
amounts payable by the Partnership pursuant to the Loan Agreement which are pledged
to the payment thereof, and, in event of default, moneys derived from foreclosure or
other enforcement of the Bond Documents; the City is not subject to any liability
thereon, no .Holder of the Bond shall ever have the right to compel the exercise of
the taxing power of the City to pay the Bond or the interest thereon, nor to enforce
payment thereof against any property of the City; the Bond shall not constitute a charge,
lien or encumbrance, legal or equitable, upon any property of the City; and such Bond
does not constitute an indebtedness of the City within the meaning of any constitutional
or statutory limitation.
(i) Nothing has come to the attention of the City Council to indicate that any
member of the City Council (i) has direct or indirect interest in the Project or any
Bond Document, (ii) owns any capital stock of or other interst in the Project or the
Bank, (iii) will be involved in supervising the completion of the Project on behalf
of the Partnership, or (v) will receive any commission, bonus or .other remuneration
for or in respect of the Project, the Loan Agreement, the Escrow Agreement or the Bond.
5. Approval and Execution of Documents. The forms of Escrow Agreement, Mortgage,
Loan Agreement, Lease Assignment, Guaranty Agreement and Assignment referred to in
paragraph 3 are approved. The Loan Agreement, Escrow Agreement, and Assignment shall
be executed in the name and on behalf of the City by the Mayor and the City Manager
in substantially the form on file, but with all such changes therein, not inconsistent
— 6 — 2/19
with the Act or other law, as may be approved by the officers executing the same,
which approval shall be conclusively evidenced by the execution thereof, The Mortgage,
the Guaranty Agreement and the Lease Assignment may contain such revisions as may be
approved by the Bank, the Partnership and the Guarantors. The Mayor, City Manager
and City Clerk are authorized to execute and deliver, on behalf of the City, such other
documents as are required by the Loan Agreement.
6. Approval of Terms and Sale of Bond. The City shall proceed forthwith to issue
its City of Maplewood Industrial Development Revenue Bond (Commercial Partners /Maplewood
Project), in the authorized principal amount of $1,100,000 substantially in the form,
maturing, bearing interest, payable in the installments and otherwise containing the
provisions set forth in the form of Bond attached hereto as Exhibit 1, which terms
and provisions are hereby approved and incorporated in this Bond Resolution and made
a part hereof.
A single fully registered Bond, substantially in the form of Exhibit 1 to this
Bond Resolution, shall be issued and delivered to the Bank in the authorized principal
amount of $1,100,000 and as authorized by the Act, principal of and interest on the
Bond shall be payable at the office of the registered owner thereof as it appears on
the registration records maintained by the City Clerk in lawful money of the United
States of America. The proposal of the Bank to purchase such Bond at a price of $1,100,000
(100% of par value) is hereby found and determined to be reasonable and is hereby accepted.
7. Execution, Delivery and Endorsement of Bond. The Bond may be in typewritten
or printed form and shall be executed by the manual signatures of the Mayor and the
City Manager and the official seal of the City shall be affixed thereto. When so prepared
and executed, the Bond shall be delivered to the Bank upon payment of the purchase
price therefor, and upon receipt of the signed legal opinion of Messrs. Faegre & Benson,
of Minneapolis, Minnesota, bond counsel, pursuant to the Loan Agreement. The Bond
shall contain a recital that it is issued pursuant to the Act, and such recital shall
be conclusive evidence of the validity and regularity of the issuance thereof.
8. Registration Records. The City Clerk, as bond registrar, shall keep a bond
register in which the City shall provide for the registration of the Bond and for trans-
fers of the Bond. The City Clerk is authorized and directed to deliver a certified
copy of this Bond Resolution to the County Auditor of Ramsey County, together with
such other information as the County Auditor may require, and obtain the certificate
of the County Auditor as to entry ofthe Bond on the County's bond register as required
by the Act and Section 475.63, Minnesota Statutes.
9. Mutilated, Lost, Stolen or Destroyed Bond. If the Bond is mutilated, lost,
stolen or destroyed. the City may execute and deliver to the Holder a new Bond of like
amount, date, number and tenor as that mutilated, lost, stolen or destroyed; provided
that, in the case of mutilation, the mutilated Bond shall first be surrendered to the
City, and in the case of a lost, stolen or destroyed Bond, there shall be first furnished
to the City and the Partnership evidence of such loss, theft or destruction satisfactory
to the City and the Partnership, together with indemnity satisfactory to them. The
City and Partnership may charge the Holder wtih their reasonable fees and expenses
in replacing any mutilated, lost, stolen or destroyed Bond.
10. Transfer of Bond; Person Treated as Holder. The Bond shall be transferable
by the Holder on the bond register of the City, upon presentation of the Bond for notation
of such transfer thereon at the office of the City Clerk, as bond registrar, accompanied
by a written instrument of transfer in form satisfactory to the City Clerk and the
City Attorney, duly executed by the Holder or its attorney duly authorized in wriring.
The Holder seeking to transfer ownership of the Bond shall also give written notice
thereof to the Partnership. The Bond shall continue to be successive transfers at the
— 7 — 2/19
option of the Holder of the Bond. No service charge shall be made for any such transfer,
but the City Clerk may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection therewith. The person in whose name the
Bond shall be issued, or if transferred, shall be registered from time to time shall
be deemed and regarded as the absolute Holder thereof for all purposes, and payment
of or on account of the principal of and interest on the Bond shall be made only to
or upon the order of the Holder thereof, or its attorney duly authorized in writing,
and neither the City, the City Clerk, the Partnership, nor the Bank shall be affected
by any notice to the contrary. All such payments shall be valid and effectual to
satisfy and discharge the liability upon the Bond to the extent of the sum or sums
so paid. The Bond shall be initially registered in the name of the Bank.
11.. Amendments Changes and Modifications to Laon Agreement, Escrow Agreement,
Assignment and Bond Resolution. Except pursuant to Section 9.03 of the Loan Agreement,
the City shall not enter into or make any change, modification, alteration or termination
of the Loan Agreement, Escrow Agreement, Assignment or this Bond Resolution.
12. Pledge to Holder. Pursuant to the Assignment, the City shall pledge and assign
to the Bank and its successor Holders of the bond all interest of the City in the revenues
of the Project and the Project Facilities, including all Loan Repayments to be made
by the Partnership under the Loan Agreement and moneys derived from enforcement of
the Lease Assignment, the Guaranty Agreement and the Mortgage.- All collections of
moneys by the City any proceeding for enforcement of the obligations of the Partnership
under the Loan Agreement shall be received, held and applied by the City for the benefit
of the Holder of the Bond. All interests of the City in the moneys and investments
in the Project Fund created under the Escrow Agreement until disbursed in accordance
with the provisions of the Loan Agreement and Escrow Agreement are hereby pledged as
additonal security for the payment of the Bond.
13. Covenants with Holders; Enforceability. All provisions of the Bond and of
this Bond Resolution and all representations and undertakings by the City in the Loan
Agreement and Escrow Agreement are hereby declared to be covenants between the City
and the Bank and its successor Holders of the Bond and shall be enforceable by the
Bank or any Holder in a proceeding brought for that purpose, provided that no such
covenant, representation or undertaking shall ever give rise to any pecuniary liability
of the City, its employees, officers or agents or constitute a charge against its
general credit or taxing powers.
14. Definitions and Interpretation. Terms not otherwise defined in this Bond
Resolution but defined in the Loan Agreement shall have the same meanings in this Bond
Resolution and shall be interpreted herein as provided therein. Notices may be given
as provided in Section 9.01 of the Loan Agreement. In case any provision of this Bond
Resolution is for any reason illegal or invalid or inoperable, such illegality or in-
validity or inoperability shall not affect the remaining provisions of this Bond Resolut-
ion, which shall be construed or enforced as if such illegal or invalid or inoperable
provision were not contained herein.
15.. Election Under Internal Revenue Code. The City hereby elects that the provisions
of Section 103 (b) (6) (D) of the Internal Revenue Code of 1954 and Reg. sl.103 -10(b)
W (2).(vi)..thereunder, permitting the issuance fo tax exempt industrial development
bonds in amounts up to $10,000,000 under certain conditions, shall apply to the Bond,
and the Mayor, the City Manager or City Clerk or any of them are authorized to execute
and file the appropriate form of .election under the Code and Regulations with the Inter-
nal Revenue Service.
16. Certifications. The Mayor, City Manager, City Clerk and other officers of
the City are authorized and directed to prepare and furnish to Messrs. Faegre & Benson,
8 — 2/19
bond counse15 to the Partnership, to the Bank and to counsel for the Partnership and
the Bank, certified copies of all proceedings and records of the City relating to the
Project and the Bond, and such other affidavits and certificates as may be required
to show the facts appearing from the books and records in the officers' custody and
control or as otherwise known to them; and all such certified copies, certificates
and affidavits, including any heretofore furnished, shall constitute representations
of the City as to the truth of all statements contained therein.
12. Final Approval — Industrial Revenue Bonds — Datsun
Resolution No. 81 -2 -25
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1 -1. Definitions.
The terms used herein, unless the context hereof shall .require otherwise shall
have the following meanings, and any other terms defined in the Loan Agreement shall
have the same meanings when used .herein as assigned to them in the Loan Agreement.
Act: the Minnesota Municipal Industrial Development. Act, Minnesota Statutes, Chapter
474, as amended;
Assignment of the Loan Agreement: the agreement to be executed by the City and
the Lender assigning the Loan Agreement to the Lender;
Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul
and Minneapolis, Minnesota, and any opinion of -:Bond Counsel shall be a written opinion
signed by such Counsel;
Borrower: Hess Kline, his personal representatives and assigns.
City: the City of Maplewood, Minnesota, its successors and assigns;
Construction Loan Agreement: the agreement to be executed by the City, the Borrower
and the Lender, relating to the disbursement and payment of Project Costs for construct-
ion and installation of the Improvements;
Improvements: the structures and other improvements, including any tangible personal
property, to be constructed or installed by the Borrower on the Land in accordance
with the Plans and Specifications;
Land: the real property and any other easements and rights described in Exhibit
A attached to the Loan Agreement;
Leases: all leases now or hereafter affecting the Land;
Lender: First Security State Bank of Saint Paul, Saint Paul, Minnesota, its succes-
sors and assigns;
Loan Agreement: the agreement to be executed by the City and the Borrower, providing
for the issuance of the Note and the loan of the proceeds thereof to the Borrower,
including any amendments or supplements thereto made in accordance with its provisions;
— 9— 2/19
Mortgage: THE Mortgage and Assignment of Leases and Rents to be executed by the
- Borrower and Renee Kline, his wife, as mortgagor, to the Lender, as mortgage, securing
payment of the Note and interest thereon;
Note: the $600,000 Commercial Development Revenue Note of 1981 (Hess Kline Project),
to be issued by the City pursuant to this Resolution and the Loan Agreement;
Note Register: the records kept by the City Clerk to provide for the registration
of transfer of ownership of the Note;
Plans and Specifications: the plans and specifications for the construction and
installationof the Improvements on the Land, which are approved by the Lender, together
with such modifications thereof and additons thereto as are reasonably determined by
the Borrower to be necessary or desirable for the completion of the Improvements and
are approved by the Lender;
Principal Balance: so much of the principal sum on the Note as from time to time
may have been advanced to or for the benefit of the City and remains unpaid at any
Lime;
Project: the Land and Improvements as they may at any time exist;
Project Costs: the total of all "Construction Costs" and "Loan and Carrying Charges,"
as those terms are defined in the Loan Agreement;
Resolution: this Resolution of the City adopted , 19 together with
any supplement or amendment thereto.
All references in this instrument to designated "Articles," "Sections" and other
subdivisions are to the designated Articles, Sections and subdivisions of this instrument
as originally executed. The words "herein," "hereof" and "hereunder" and other words
of similar import refer to this Resolution as a whole not to any particular Article,
Section or subdivision.
1 -2. Legal Authorization.
The City is a political subdivision of the State of Minnesota and is authorized
under the Act to initiate the revenue producing project herein referred to, and to
issue and sell the Note for the purpose, in the manner and upon the terms and conditions
set forth in the Act and in this Resolution.
1 -3. Findings.
The City Council has heretofore determined, and does hereby determine, as follows:
(1) The City is authorized by the Act to enter into a Loan Agreement for the public
purposes expressed in the Act;
(2) The City has made the necessary arrangements with the Borrower for the establish-
ment within the City of a Project consisting of certain property all as more fully
described in the Loan Agreement and which will be of the character and accomplish the
purposes provided by the Act, and the City has by this Resolution authorized. the Project
and execution of the Loan Agreement, the Assignment of Loan Agreement, the Note and
the Construction Loan Agreement, which documents specify the terms and conditions of
the acquisition and financing of the Improvements;
— 10 — 2/19
(3) in authorizing the Project the City's purpose is, and in its judgment the effect
thereof will be to promote the public welfare by: the attraction, encouragement and
development of economically sound industry and commerce so as to prevent, so far as
possible, the emergence of blighted and marginal lands and areas of chronic unemployment;
the development of revenue— producing enterprises to use the available resources of
the community, in order to retain the benefit of the community's existing investment
in educational and public service facilities; the halting of the movement of talented,
educated personnel of all ages to other areas thus preserving the economic and human
resources needed as a base for providing the economic and human resources needed as
a base for providing governmental services and facilities; the provision of accessible
employment opportunities for residents in the area; the expansion of an adequate tax
base to finance the increase in the amount and expansion of an adequate tax base to
finance the increase in the amount and cost of governmental services, including educat-
ional services for the school district serving the community in which the Project is
situated;
(4) the amount estimated to be necessary to partially finance the Project Costs,
including the costs and estimated costs permitted by Section 474.05 of the Act, will
require the issuance of the Note in the principal amount of $600,000 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 partially financing the Improvements;
(6) the Note and the interest accruing thereon do not constitute an indebtedness
of the City within the meaning of any constitutional or statutory limitation and do
not constitute or give rise to a pecuniary liability or a charge against the general
credit or taxing powers of the City and neither the full faith and credit nor the taxing
powers of the City is pledged for the payment of the Note or interest thereon; and
(7) The note is an industrial development bond within the meaning of Section 103(b)
of the Internal Revenue Code and is to be issued within the exemption provided under
subparagraph (A) of Section 130(b) (6) of the Code with respect town issue of $1,000,000
or less; provided that nothing herein shall prevent the City from hereafter qualifying
the Note under a different exemption if, and to the extent, such exemption is permitted
by law and consistent with the objects and purposes of the Project.
1 -4. Authorization. and Ratification of Project.
The City has heretofore and does hereby authorize the Borrower, in accordance with
the provisions of Section 474.03(7) of the Act and subject to the terms and conditions
set forth in the Construction Loan Agreement, to provide for the construction and instal-
lation of the Improvements pursuant to the Plans and Specifications by such means as
shall be available to the Borrower and in the manner determined by the Borrower, and
without advertisement for bids as may be required for the construction and acquisition
of municipal facilites; and the City hereby ratifies, affirms, and approves all actions
heretofore taken by the Borrower consistent with and in anticipation of such authority
and in compliance with the Plans and Specifications.
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be in substantially the form
set forth herein, with such appropriate variations, omissions and insertions as are
— 11 — 2/19
permitted or required by this Resolution, and in accordance with the further provisions
hereof; and the total principal amount of the Note that may be outstanding hereunder
is expressly limited to $600,000. The Note shall be in substantially the following
form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1981
(Hess Kline Project)
$600,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ")
hereby promises to pay to the order of First Security State Bank of Saint Paul, Saint
Paul, Minnesota (the "Lender "), its successors or registered assigns, from the source
and in the manner hereinafter provided, the principal sum of Six Hundred Thousand Dollars
($600,000.00), or so much thereof as may have been advanced to or for the benefit of
the City and remains unpaid from time to time (the "Principal Balance "), with interest
thereon at the rate of ten and one — quarter (10 1/4%) per annum or at such higher rate
as hereinafter provided, in any coin or currency which at the time or times of payment
of public or private debts in the United States of America, in accordance with the
terms hereinafter set forth.
1. (a) From and after the date hereof and until the "Amortization Date ", (the
first day of the calendar month next succeeding completion of the Project in accordance
with the Construction Loan Agreement hereinafter referred to, but in any event no later
than October 1, 1981 unless extended in writing by the Lender), interest only shall
be paid at the rate of ten and one — quarter percent (10 1/4:`/`)per annum. Interest shall
accrue from and after the date of each and every advance so made under this Note and
shall be payable on the first, day of the calendar month next succeeding the date upon
which the first advance is made, and on the first day of each and every month thereafter.
(b) From and after the Amortization Date, the Principal Balance shall be amortized
and paid in 240 equal consecutive monthly installments, payable on the first day of
each month commencing on the first day of the calendar month next succeeding the amortizat-
ion date and continuing until the Principal Balance and accrued interest thereon shall
have been paid (the "Final Maturity Date "). Payments shall be .applied first to interest
due on the Principal Balance and thereafter to reduction of the Principal Balance.
(c) If the interest on this Note should become subject to federal income taxation
pursuant to a "Determination of Taxability" as that term is defined in Section 4.07
of the Loan Agreement hereinafter referred to, and the Lender delivers to the Borrower
a copy of the notice of the "Determination of Taxability ", the interest rate shall
be immediately increased to one —half percent (1/2%) in excess of the Prime Rate of
the First 'National Bank of Saint Paul as defined in the Loan Agreement herein after
described and each monthly installment thereafter payable shall be accordingly adjusted
and shall be equal to the amount necessary to amortize the remaining Principal Balance
by the Final Maturity Date with interest at said increased rate; and in addition the
Lender shall be entitled to receive upon demand an amount equal to the aggregate differ-
ence between (i) the monthly payments theretofore made to the Lender on this Note be-
tween the "date of taxability ", as that term is defined in the Loan Agreement, and
the date of receipt by the Borrower of notice of such "Determination of Taxability ",
and (ii) the monthly payments which would have been made during such period if the
—12— 2/19
increased rate had been in effect throughout such period all as provided in Section
4.07 of the Loan Agreement, plus all penalties and interest paid or payable by Lender
by reason of said Determination of Taxability.
2. In any event, the payments hereunder shall be sufficient to pay all principal
and interest due, as such principal and interest becomes due, and to pay any premium
or penalty, at maturity, upon redemption, or otherwise. Interest shall be computed
on the basis of a 30 day month and 360 day year, but charged for the actual number
of days principal is unpaid.
3. Principal and interest and premium due hereunder shall be payable at the princi-
pal office of the Lender, or at such other place as the Lender may designate in writing.
4. This Note is issued by the City to provide funds for aProject, as defined
in Section 474.02, Subdivision la, Minnesota Statutes, consisting of the construction
of an automobile sales and service facility pursuant to a Loan Agreement of even date
herewith between the City and Hess Kline (the "Borrower ") (the "Loan Agreement "), and
this Note is further issued pursuant to and in full compliance with the Constitution
and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on (the
"Resolution ").
5.. This Note is secured by an Assignment of the Loan Agreement by the City to
the Lender, a Mortgage and Assignment of Leases and Rents of even date herewith between
the Borrower and Renee Kline, his wife, as mortgagor, and the Lender, as mortgagee,
(the "Mortgage "). The disbursement of the proceeds of this Note is subject to the
terms and conditions of a Construction Loan Agreement of even date herewtih between
the Lender, the City and the Borrower (the "Construction Loan Agreement ").
6. The Lender may extend the times of payments of interest and /or principal of
or any penalty or premium due on this Note, including the date of the Final Maturity
Date, without notice to or consent of any party liable hereon and without releasing
any such party. However, in no event may the Final Maturity Date be extended beyond
thirty (30) years from the date hereof.
7. This Note may be prepaid in whole or in part on any monthly payment date without
premium or penalty. The Lender shall apply any such prepayment first against the
accrued interest on the Principal Balance and thereafter to the principal installments
due hereunder in the inverse order of their maturity.
8. This Note is further subject to prepayment by the City, at any time, without
a premium, in whole or in part, at the option of the Lender, upon the occurrence of
certain events of damage, destruction or condemnation of the property secured by the
Mortgage, as specified in Section 5.02 of the Loan Agreement and Section 3 -1 of the
Resolution.
9. The monthly payments due under paragraph 1 hereof, shall continue to be due
and payable in full until the entire Principal Balance and accrued interest due on
this Note have been paid regardless of any partial prepayment made hereunder.
10. As provided in the Resolution and subject to certain limitations set forth
therein, this Note is transferable upon the books of the City at the office of the
City Clerk, by the Lender in person or by his agent duly authorized in writing, at
the Lender's expense, upon surrender hereof together with a written instrument of
transfer satisfactory to the City Clerk, duly executed by the Lender or his duly author-
ized agent. Upon such transfer the City Clerk will note the date of registration and
the name and address of the new registered Lender in the registration form appearing
— 13 — 2/19
below. The City may deem and treat the person in whose name the Note is last registered
upon the books of the City with such registration noted on the Note, as the absolute
owner hereof, whether or not overdue, for the purpose of receiving payment of or on
the account of the Principal Balance, redemption price or interest and for all other
purposes, and all such payments so made to the Lender or upon his order shall be valid
and effective to satisfy and discharge the liability upon the Note to the extent of
the sum or sums so paid, and the City shall not be affected by any notice to the contrary.
11. All of the agreements, conditions, covenants, provisions and stipulations
contained in the Resolution, the Mortgage, the Loan Agreement and the Construction
Loan Agreement are hereby made a part of this Note to the same extent and with the
same force and effect as if they were fully set forth herein.
12. This Note and interest thereon and any penalty or premium due hereunder are
payable solely from the revenues and proceeds derived from the Loan Agreement and the
Mortgage and do not constitute a debt of the City within the meaning of any constitut-
ional or statutory limitation, are not payable from or a charge upon any funds other
than the revenues and proceeds pledged to the payment thereof, and do not give rise
to a pecuniary liability of the City or, to the extent permitted by law, of any of
its officers, agents or employees, and no holder of this Note shall ever have the right
to compel any exercise of the taxing power of the City to pay this Note or the interest
thereon, or to enforce payment thereof against any property of the City, and this Note
does not constitute a charge, lien or encumbrance, legal or equitable, upon any property
of the City, and the agreement of the City to perform or cause the performance of the
covenants and other provisions herein referred to shall be subject at all times to
the availability of revenues or other funds furnished for such purpose in accordance
with the Loan Agreement, sufficient to pay all costs of such performance or the enforce-
ment thereof.
13. It is agreed that time is of the essence of this Note. In the event of failure
by the City to pay any monthly installment of principal or interest or any premium
when due and such failure shall continue for a period of ten days after written notice
to the City or if an Event of Default shall occur, as set forth in the Mortgage, the
Construction Loan Agreement or the Loan Agreement, then the Lender shall have the right
and option to declare, the Principal Balance and accrued interest thereon, immediately
due and payable, but solely from sums made available under. the Loan Agreement and
Mortgage. Failure to exercise such option at any time shall not constitute a waiver
of the right to exercise the same at any subsequent time.
14. The remedies of the Lender, as provided herein and in the Mortgage, the
Loan Agreement and the Construction Loan Agreement are not exculusive and shall be
cumulative and concurrent and may be pursued singly, successively or together, at the
sole discretion of the Lender, and may be exercised as often as occasion therefor shall
occur; and the failure to exercise any such right or remedy shall in no event be con-
strued as a waiver or release thereof.
15. The Lender shall not be deemed, by any act of omission or commission, to have
waived any of its rights or remedies hereunder unless such waiver is in writing and
signed by the Lender and, then only to the extent specifically set forth in the writing.
A waiver with reference to one event shall not be construed as continuing or as a bar
to or waiver of any right or remedy as to a subsequent event.
16. This Note has been issued without registration under state or federal or other
securities laws, pursuant to an exemption for such issuance; and accordingly the Note
may not be assigned or transferred in whole or part, nor may a participation interest
in the Note be given pursuant to any participation agreement, except in accordance
with an applicable exemption from such registration requirements.
— 14 — 2/19
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required
to exist, happen and be performed precedent to or in the issuance of this Note do exist,
have happened and have been performed in regular and due form as required by law.
IN WITNESSWHEREOF, -the City has caused this Note to be duly executed in its name
by the manual signatures of the Mayor and City Clerk and has caused the corporate seal
to be affixed hereto, and has caused this Note to be dated , 19
CITY OF MAPLEWOOD, MINNESOTA
/s/ Sohn C. Greavu
Mayor
/s/ Lucille E. Aurelius
City Clerk
18. Watermain Agreement: Hess Kline Datsun
Approved the following agreement between Hess Kline, representing Datsun and the City.
CITY OF MAPLEWOOD
Ramsey County, Minnesota
CONTRACT
FOR
PUBLIC
IMPROVEMENTS
THIS AGREEMENT, made this day of , 1981, between the City of Maplewood,
Minnesota, acting by and through its Mayor and City Manager, herein called the "CITY"
and Hess Kline, herein called the "DEVELOPER ".
IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby
agree as follows:
(1) In consideration of the City approving the construction of the proposed Datsun
garage located at 2590 Maplewood Drive in the City of Maplewood, the Developer shall
provide an 8 inch watermain extending in the right of way of Maplewood Drive and in
Duluth Street commencing at the connection of the watermain in Maplewood Drive and
Gervais Avenue running northerly and easterly along and in the right of way of Maplewood
Drive and Duluth Street permitting connection with the premises identified as 2590
Maplewood Drive. Said watermain shall be constructed in accordance wtih the specifi-
cations of the City of Maplewood and as required by the Water Department of the City
of St. Paul. All at developer's expense.
(2) The Developer shall provide the City with plans and specifications for said improve-
ment prepared by a registered professional engineer, subject to review and written
approval by the City Engineer. Upon approval, said plans and specifications are hereby
made a part of this Contract. No deviation from the approved plan and specifications
will be permitted unless approved in writing by the City Engineer. No work shall
commence on the project until written approval of the plans and specifications is
obtained.
— 15 — 2/19
(3) The Developer shall submit, for City approval, a written schedule indicating the
progress schedule and order of completion of work covered by this contract. Upon approval,
said schedule and completion date are hereby made a part of this contract. No deviation
from this schedule shall be permitted unless approved in writing by the City. Deviations
from such approved schedule shall be permitted only for causes beyong the reasonable
control of the Developer.
(4) The Developer shall furnish all engineering services for the project including
but not limited to:
(a) Preparation of compete plans and specifications by a Professional Engineer.
(b) Construction supervision.
(c) Construction staking and surveying.
(d) On -site inspection during all construction operations.
(e) Upon compeetion of the work, the Developer shall have his Engineer provide
the City with a full set of as -built mylar reproducible plans for City records.
Said as -built plans, approved by the City engineer, shall be submitted within
120 days of final project acceptance by the City.
The City will not exercise direct supervision and inspection work during construction
operations. The City Engineer or his representative will make periodic inspection
of work and may require certain tests to be made, which in the judgment of the City
Engineer are necessary to assure compliance wtih City standards and the plans and specif-
ications. The City will work with the Developer's engineer as the official represen-
tative of the Developer concerning engineering and construction matters.
All reasonable costs incurred by the City for engineering, legal and administrative
services associated with the project shall be reimbursed to the City by the Developer.
City is to be included as an additional insured on liability policies of Developer's
construction contractor.
(5) The Developer agrees that the work shall be 'done and performed in a good and work-
manlike manner; and all materials and work performed shall be in strict conformity
with the approved plans and specifications, and shall be subject to the inspection
and approval of the City or a duly authorized engineer fo the City; and in case any
material or work performed shall be rejected by the City, or City engineer, as such
refjected material or nonconforming work shall be removed and replaced wtih material
and work conforming to the approved plans and specifications at the sole cost and expense
of the Developer.
(6) Upon completion of all the work required, the City Engineer or his designated repre-
sentative, a representative of the contractor, and a representative of the Developer's
engineer will make a final inspection of the work. Before final acceptance, the City
Engineer shall be satisified that all work is satisfactorily compelted in accordance
with said plansd and specifications; and the Developer's engineer shall submit a written
statement attesting to same.
(7) The Developer agrees that all payments to the City from the Developer called for
under the terms of this contract shall be made within 30 days of billing.
Interest will be charged at the rate of 1 -1/2 percent per month on the unpaid balance
for a period following 30 days after billing.
- 16 - 2/19
(8) It is further agreed by and between the parties hereto that should the City improve
the right of way in which the watermain is constructed at any time in the next ten
(10) years, the City will require the purchase of the watermain from the Developer
in its construction bid specifications at a cost which is the lesser of the Developer's
cost for the watermain or a substantiated cost by the construction bidder of the cost
to install a new watermain. Developer's cost and substantiated cost by the construction
bidder is to include cost of construction, engineering fees and payments to the City
relating to the watermain. On compeltion of watermain, Developer will submit Developer's
cost to City Engineer for his determination that such cost is reasonable. In the event
- of sale by Developer to a construction bidder, Developer agrees to assign to the City
all warranties, express or implied, received by Developer from his watermain contractor.
The entire improvement of right of way then and there completed will be assessed accord-
ing to the then existing assessment policies of the City, and in that event, the Devel-
oper hereby agrees to waive any claim based on having water service to the garage site
before improvement of the right of way in the event of any appeal under the assessment
levy.
(9) In the event that any owner whose property abuts the watermain should desire to
connect to the watermain before the City acquires said watermain, then, and in that
event, a connection charge shall be made against that property owner by the City, which
determination shall be final, based on the front — footage formula as used in the City's
current assessment policy and based on Developer's cost as defined above. The Developer
will be reimbursed on a per —foot basis proportionate to Developer's total cost, however,
such reimbursement shall not exceed the amount actually collected from the connecting
property owner. Said payment or payments to Developer shall be deducted from cost
provided for in Paragraph 8 above.
(10) It is anticipated that the City will develop the right of way in which the watermain
is constructed within the next three years, however, in the event that the City does
not so develop the right —of —way, there is no penalty to be attached to the City. In
the event that the right of way is not developed within the next ten years, then, and
in that event, the City will become the owner of the described watermain without further
compensation to the Developer herein.
(11) Developer agrees to maintain the watermain until the City becomes the owner of
same and Developer agrees to indemnify and hold the City harmless against all claims
arising out of the construction, operation or maintenance of the watermain until such
time as the City becomes the owner of the watermain.
SIGNATURE FOR
DEVELOPER
/s/ Hess Kline
Approved as to Form
/s/ Donald L. Lais
City Attorney
15. Budget Transfer — Council
SIGNATURES FOR
CITY OF MAPLEWOOD
/s/ John C. Greavu
Mayor
/s/ Barry Evans
City Manager
Authorized a budget transfer of $400.00 from the Contingency Account to Account No.
101- 101 -4480.
— 17 — 2/19
E —A APPOINTMENTS
1. H.R.A. Appointment
a.. Manager Evans stated Lorraine Fischer's term as a Housing and Redevelopment
Authority Commissioner will expire in March. Mrs. Fischer has served the HRA since
1975. She has indicated a willingness to be reappointed to the five year term.
b. Councilman Anderson moved to reappoint. Lorraine Fischer to the five year term
on the Housing and Redevelopment Authority.
Seconded by Councilperson Juker. Ayes — all.
F. PUBLIC HEARINGS
1. Revenue Note: I 35E and Roselawn Avenue — 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the approval
of an industrial development revenue note to construct a 105,000 square foot build-
ing to be used as a small multi purpose space modules for office service use
to be located on the Northwest corner of Roselawn Avenue and Highway 35E. The Clerk
stated the hearing notice was found to be in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Commissioner Lorraine Fischer presented the following Planning Commission reports:
"Commissioner Whitcomb moved that the Planning Commission recommend to the City
Council preliminary approval of mortgage revenue note financing in the amount of
$3.9 million, provided that:
1. An out —of —court settlement is reached which includes noise abatement require-
ments;
2. Construction is begun within one year of preliminary approval,. unless Council
approved a renewal.
Commissioner Sletten seconded.
Commissioner Pellish moved an amendment to include the following findings:
1. Mortgage Revenue Note eligibility criteria would be met;
2. This program is discretionary and should not be given if not in the City's
interest.
Commissioner Fischer seconded.
Voting on the motion as amended:
Ayes — 7
Nays — 1 (Commissioner Whitcomb)
Ayes — 7
Nays — 1 (Commissioner Barrett)"
d. Mr. William Roiling, representing the developers, spoke on behalf of the pro-
posal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
— 18 — 2/19
Mr. Elden Brandt, 2000 Adolphus Street
Mr. Joseph Hollenkamp, 1984 Adolphus Street
Mr. John Marich, 1962 Adolphus Street
Mr. Raymond Willenbring, 1948 Adolphus Street
Mr. Jerry Mannie, 1934 Dkillman
Mr. Thomas Miller, 112 Downs
Ms. Nancy E1zy, 176 E. Skillman
g. Mayor Greavu closed the public hearing.
h. Councilman Nelson moved preliminary approval of the Industrial Revenue Develop-
ment Note for the Maplewood Business Center :Partners to construct an office- service-
warehouse facility at the Northwest corner of Roselawn Avenue and Highway 35E subject
to the following recommendations: -
1. An out -of -court settlement is reached which includes noise abatement require-
ments;
2. Construction is begun within one year of preliminary approval, unless Council
approved a renewal.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Bastian
and Nelson.
Nays - Councilperson Juker and Councilman
Anderson.
i. Councilman Nelson introduced the followine resolution and moved its adoption:
81 - 2 - 26
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota
Municipal Industrial Development Act (the "Act ") as found and determined by the
legislature is to promote the welfare of the state by the active attraction and
encouragement and development of economically sound industry and commerce to prevent
so far as possible the emergence of blighted and marginal lands and areas of chronic
unemployment;
(b) Factors necessitating the active promotion and development of 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 govern-
mental 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;
- 19 - ^/19
(c) The City Council of the City of Maplewood ("the City") has received from
Maplewood Business Center Partners, a partnership organized under the laws of the
State of Minnesota (the "Company ") a proposal that the City assist in financing
a Project hereinafter described, through the issuance of a Revenue Note or Notes
hereinafter referred to in this resolution as "Revenue Note" pursuant to the Act;
(d) The City desires to facilitiate the selective development of the community,
retain and improve the tax base and help to provide the range of services and employ-
ment opportunities required by the population; and the Project will assist the City
in achieving those objectives. The Project will help to increase assessed valuation
of the City and surrounding area and help maintain a positive relationship between
assessed valuation and debt and enhance the image and reputation of the community;
(e) Company is currently engaged in the business of commercial development.
The Project to be financed by the Revenue Note is multi— purpose space modules for
office /service use to be located in the City and leased to various tenants and con-
sists of site development, and the construction of a building and will result in
the employment of additional persons to work within the new facilities;
(f) The City has been advised by representatives of Company that conventional,
commercial financing to pay the capital cost of the Project is available only on
a limited basis and at such high costs of borrowing that the economic feasibility
of operating the Project would be significantly reduced, but Company has also advised
this Council that with the aid of municipal financing, and its resulting low borrow-
ing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City Council adopted on January 22, 1981,
a public hearing on the Project was held on February 19, 1981, after notice was
published, and materials made available for public inspection at the office of the
Maplewood City Clerk, all as required by Minnesota Statutes, Section 474.01, Sub-
division 7b at which public hearing all those appearing who so desired to speak
were heard;
(h) No public official of the City has either a direct or indirect financial
interest in the Project nor will any public official either directly or indirectly
benefit financially from the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. The Council hereby gives preliminary approval to the proposal of Company
that the City undertake the Project pursuant to the Minnesota Municipal Industrial
Development Act (Chapter 474, Minnesota Statutes), consisting of site development,
construction of facilities within the City pursuant to Company's specifications
suitable for the operations described above and to a revenue agreement between the
City and Company upon such terms and conditions with provisions for revision from
time to time as necessary, so as to produce income and revenues sufficient to pay,
when due, the principal of and interest on the Revenue Note in the total principal
amount of approximately $3,900,000 to be issued pursuant to the Act to finance the
acquisition, construction and equipping of the Project; and said agreement may also
provide for the entire interest of Company therein to be mortgaged to the purchaser
of the Revenue Note; and the City hereby undertakes preliminarily to issue its Rev-
enue Note in accordance with such terms and conditions;
2. The Council hereby determines that the financing for the Project is intended
to consist of the Revenue Note to be issued by the City to provide interim construct-
ion financing, and a tax — exempt permanent loan to take out the Revenue Note. The
— 20 — 2/19
Council hereby preliminarily undertakes, to the extent permitted by law, to provide
tax — exempt permanent financing in the form of a mortgage revenue note under such
terms and conditions as the City customarily requires for such financing and subject
to agreement as to details by the City, the Borrower and the permanent lender.
3. On the basis of information available to this Council it appears, and
the Council hereby finds, that the Project constitutes properties, real and personal,
used or useful in connection with one or more revenue producing enterprises engaged
in any business within the meaning of Subdivision la of Section 474.02 of the Act;
that the Project 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 Company to undertake
the Project, and that the effect of the Project, if undertaken, will be to encourage
the development of economically sound industry and commerce, to assist in the pre-
vention of the emergence of blighted and marginal land, to help prevent chronic
unemployment, 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 effect-
ively used, to promote more intensive development and use of land within and adjacent
to the City and eventually to increase the tax base of the community;
4. The Project is hereby given preliminary approval by the City subject
to the approval of the Project by the Commissioner of Securities, and subject to
final approval by this Council, Company, and the purchaser of the Revenue Note as
to the ultimate details of the financing of the Project;
5. In accordance with Subdivision 7a of Section 474.01 Minnesota Stautes,
the Mayor of the City is hereby authorized and directed to submit the proposal for
the Project to the Commissioner of Securities, requesting his approval, and other
officers, employees and agents of the City are hereby authorized to provide the
Commissioner with such preliminary information as he may require;
6. Company has agreed and it is hereby determined that any and all costs
incurred by the City in connection with the financing of the Project whether or
not the Project is carried to compeltion and whether or not approved by the Commissioner
will be paid by Company;
7. Briggs and Morgan, Professional Association, acting as bond counsel,
and is authorized to assist in the preparation and review of necessary documents
relating to the Project, to consult with the City Attorney, Company and the pur-
chaser of the Revenue Note and as to the terms and provisions of the Revenue Note
and as to the covenants and other provisions of the necessary documents and to sub-
mit such documents to the Council for final approval;
8. Nothing in this resolution or in the documents prepared pursuant hereto
shall authorize the expenditure of any municipal funds on the Project other than
the revenues derived from the Project or otherwise granted to the City for this
purpose. The Revenue Note shall not constitute a charge, lien or encumbrance, legal
or equitable, upon any property or funds of the City except the revenue and proceeds
pledged to the payment thereof, nor shall the City be subject to any liability there-
on. The holder of the Revenue Note shall never have the right to compel any exercise
of the taxing power of the City to pay the outstanding principal on the Revenue
Note or the interest thereon, or to enforce payment thereof against any property
of the City. The Revenue Note shall recite in substance that the Revenue Note,
including interest thereon, is payable solely from the revenue and proceeds pledged
to the payment thereof. The Revenue Note shall not constitute a debt of the City
within the meaning of any constitutional or statutory limitation;
— 21 — 2/19
9. In anticipation of the approval by the Commissioner of Securities and
the issuance of the Revenue Note to finance all or a portion of the Project, and
in order that completion of the Project will not be unduly delayed when approved,
Company is hereby authorized to make such expenditures and advances toward payment
of that portion of the costs of the Project to be financed from the proceeds of
the Revenue Note as Company considers necessary, including the use of interim,
short -term financing, subject to reimbursement from the proceeds of the Revenue
Note if and when delivered but otherwise without liability on the part of the City;
10. If construction of the Project is not started within one year from the
date hereof, from and after February 19, 1981 this resolution shall have no force
and effect and the preliminary approval herein granted is withdrawn.
Adopted by the City Council of the City of Maplewood, Minnesota, this 19th
day of February, 1981.
Attest:
/s/ Lucille E. Aurelius
City Clerk
Seconded by Mayor Greavu.
/s/ John C. Greavu
Mayor
Ayes — Mayor Greavu, Councilmen Bastian
and Nelson.
Nays — Councilperson Juker and Councilman
Anderson.
2. Safety Improvement: White Bear Avenue "T.H. 36" to "B" — 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
right of way acquisition for improvement to White Bear Avenue between Seventy five
(75) feet south of Burke Avenue and TH 36. The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Mr. Paul Kirkwald, Traffic and Planning Engineer for Ramsey County, explained
the specifics of the proposal.
C. Mayor Greavu called for proponents. None were heard.
d. Mayro Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilman Anderson introduced the following resolution and moved its adoption:
81 — 2 — 27
WHEREAS, the County of Ramsey, Minnesota, has approved plans and is ready
to commence right of way acquisition for the Improvement Project, Safety Improvement
White Bear Avenue, T.H. 36 to 75 feet South of Burke Avenue; .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
— 22 — 2/19
That the Council concurs with said plans and project and offers staff assis-
tance.
Seconded by Councilman Nelson. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Code Amendment: Residential Estate District — Second. Reading.
a. Manager Evans presented the staff report.
b. Councilman Anderson introduced the following ordinance and moved its adoption:
ORDINANCE NO. 498
AN ORDINANCE AMENDING THE MUNICIPAL CODE
TO INCLUDE SECTION 919
R —E RESIDENCE ESTATE DISTRICT
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Zoning Code of the City of Maplewood is amended to add Chapter 919.
919. R —E Residence Estate District
919.010. INTENT. To protect and enhance the character of single family neighborhoods,
where lots are generally larger than required in R -1 (single dwelling) Re-
sidence Districts.
919:020. PERMITTED USES. Any use permitted in a R -1, Residence District. (single
dwelling).
919.030. ACCESSORY USES. Any accessory use permitted in an R -1, Residence District
(single dwelling), except:
1. Used car lots
2. The wrecking of automobiles or trucks including the sale of used cars
3. Mobile Home Parks
919.050. DISTRICT STANDARDS.
1. Minimum Lot Area. The minimum lot area shall be determined by the City
Council at the time of rezoning, but shall be limited to 20,000, 30,000,
or 40,000 square feet. The Council shall base their decision on the
character of developed lots within an existing neighborhood or on the
desired character of lots in an undeveloped area. Minimum lot area re-
quirements shall be designated on the Zoning map in each R —E District's
title, e.g. R —E (30), standing for a minimum lot area of30,000 square
feet. Once established, any request to change a district's minimum lot
area requirement shall be processed as a request for rezoning.
— 23 — 2/19
2. Minimum Lot Width at the Building Setback Line.
R —E (20) — 100 feet
R —E (30) — 120 feet
R —E (40) — 140 feet
3. Minimum Setbacks. As required for R -1, Residence District (single Dwelling),
4. Maximum Building Height. As required for R -1, Residence District (single
dwelling).
5. Legally buildable lots before the rezoning to an R —E zone shall be con-
sidered buildable after rezoning to an R -E zone.
Section 2. This ordinance shall take effect and be in force after its - passage -and
publication.
Seconded by Councilman Nelson.
2. Fire and Life Safety Codes: Second Reading
Ayes — Councilperson Joker, Councilmen
Anderson, Bastian and Nelson.
Nays — Mayor Gr.eavu.
a. Manager Evans presented ordinance changes for the Fire and Life Safety Codes.
Second reading is recommended.
b. Councilman Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO 499
AN ORDINANCE AMENDING CHAPTER
1703 OF THE MAPLEWOOD CODE
RELATING TO FIRE PREVENTION CODE
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 1703.010 is hereby amended in its entirety to read as
follows:
"1703.010. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the
City of Maplewood for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that certain code known as
the Uniform Fire Code, 1979 Edition and the whole thereof, published by International
Conference of Building Officers, of which not Less than three (3) copies have been
received and now are filed in the office of the Clerk of the City and the same are
hereby adopted and incorporated as if fully set out at length herein, and from the
date on which this ordinance takes effect, the provision thereof shall be controlling
within the limits of the City of Maplewood."
Section 2. This ordinance shall take effect and be in force from and after
passage and publication.
Seconded by Mayor Greavu. Ayes — all.
C. Councilman Bastian introduced the followine Ordinance and moved its adoption:
— 24 — 2/19
+ - ORDINANCE NO. 500
AN ORDINANCE AMENDING CHAPTER
1703 OF THE MAPLEWOOD CODE
RELATING TO FIRE PREVENTION CODE
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 1703.011 is hereby amended in its entirety to read
as follows:
111703.011. ADOPTION OF CHAPTER 101 OF NATIONAL FIRE PROTECTION ASSOCIATION
CODE. There is hereby adopted by the City of Maplewood for the purpose of prescrib-
ing regulations governing conditions hazardous to life and property from fire or
explosion, Chapter 101 -80 of that certain code known as the Life Safety Code, pub-
lished by the National Fire Protection Association, 1981 Edition and the whole there-
of, of which not less than three (3) copies have been received and now are filed
in the office of the Clerk of the City and the same are hereby adopted and incor-
porated as if fully set out at length herein,- and from the date on which this ord-
inance takes effect, the provision thereof shall be controlling within the limits
of the City of Maplewood."
Section 2. This ordinance shall take effect and be in force from and after
passage and publication.
Seconded by Mayor Greavu.
VISITOR PRESENTATION
Ayes - all
Ms. Phyllis Schwartz, 649 Ferndale Avenue spoke regarding the Ramsey Watershed District -
Battle Creek Assessments. She requested the City pay all or a portion of the residences
assessments. She also requested information as to why the assessments vary.
Council stated the City was not in a position to pay residence assessments and that
the question of variations in assessments was referred to the Watershed District.
J. NEW BUSINESS
1. Watermain Extension - Arcade Street at County Road B
a. Manager Evans stated Mr. Voya Piletich has submitted a request to extend a water -
main on his property east of Arcade Street, near County Road "B ". The facility
is intended to provide potable water for three residences and fire protection for
homes in the immediate area. The watermain would be constructed by Mr. Piletich
under the terms of a developers agreement.
The watermain is to be placed in a public easement which is intended to become a
future street. Only the watermain is proposed at this time. However, exceptance
of the easement will be a major step toward future development of the area with
a cul -de -sac. It is apparent Mr. Piletich intends to develop the property in a
urban manner over a period of time.
The City has approved lot splits in this area consistent with Mr. Piletich's proposal.
Approval of the watermain extension is recommended subject to the following conditions:
1. An easement for public purpose be granted to the City in accordance with the
attached survey;
- 25 - 2/19
2. A waiver of surface maintenance be submitted by those parties utilizing the
proposed easement for access;
3. Mr. Piletich enter into a Development Agreement for construction of the water-
. main within 6 months.
b. Mayor Greavu moved to approve the water main extension from Arcade Street east
as requested by Mr. Vova Piletich subiect to the followine conditions:
1. An easement for public purpose
with the attached survey;
2. A waiver of surface maintenance
be granted to the City in accordance
be submitted by those parties utilizing
the proposed easement for access;
3. Mr. Piletich enter into a Development Agreement for construction of the
water main within 6 months.
Seconded by Councilman Anderson. Ayes — all.
2. Feasibility Study: Keller Parkway Sanitary Sewer
a. Manager Evans presented the Feasibility Study for the proposed Keller Parkway
sanitary sewer from Palm Court to Leola Road.
It is recommended that the City Council accept the report and schedule a public
hearing for April 2, 1981 at 7:00 p.m., to consider the improvements.
b. Mayor Greavu introduced the following resolution and moved its adoption:
81 — 2 — 28
WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare preliminary plans for the provision of sanitary sewer and
appurtenant roadway work in Keller Parkway from 100 feet south of Palm Court to
approximately 690 feet south; and
WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans
for the improvement herein described:
1. The report of the City Engineer advising this Council that the proposed improve-
ment of Keller Parkway from 100 feet south of,Palm Court to approximately 690
feet south by construction of sanitary sewer and appurtenant roadway work is
feasible and should best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance wtih the reports
and the assessment of benefited property for all or a portion of the cost of
the improvement according to M.S.A. Chapter 429, at an estimated total cost
of the improvement of $29,900.
3. A public hearing will be held in the Council Chambers of the City Hall at 1380
Frost Avenue on Thursday the 2nd day of April, 1981, at 7:00 P.M. to consider
said improvement. The notice for said public hearing shall be in substantially
the following form:
TO WHOM IT MAY CONCERN:
NOTICE OF HEARING OF IMPROVEMENT
— 26 2/19
WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota,
deems it necessary and expedient that the improvement hereinafter described, be
made;
NOW, THEREFORE, notice is hereby given that the City Council will hold a
public hearing on said improvement at the following time and palce within the said
City;
DATE: April 2, 1981
TIME: 7:00 P.M.
LOCATION: City Hall
- Council Chambers
1380 Frost Avenue
St. Paul, Minnesota
The general nature of the improvement is the construction of sanitary sewer and
appurtenant roadway work in the following described area:
IN KELLER PARKWAY FROM 100 FEET SOUTH OF PALM COURT APPROXIMATELY 690 FEET SOUTH
THE TOTAL ESTIMATED COST OF SAID IMPROVEMENT IS $29,900.
It is proposed to assess every lot, peiceor parcel of land benefited by said im-
provement whether abutting thereon or not, based upon benefits received without
regard to cash valuation.
Persons desiring to be heard wtih reference to the proposed improvement should be
present at this hearing.
This Council proposes to proceed under the authority granted by Chapter 429 M.S.A.
Dated this 19th day of February, 1981.
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E. Aurelius
City Clerk
City of Maplewood, Minnesota
Seconded by Councilman Nelson. Ayes — all.
3. Joint Council /HRA Meeting Request
a. Manager Evans stated at their meeting of February 10, 1981, the Housing and
Redevelopment Authority (HRA) recommended that a joint meeting of the Council and
HRA be scheduled for March.
The purpose of the meeting would be to discuss the HRA's activities during 1980
and proposed activities for 1981.
b. Councilman Bastian moved to establish a Joint Council /HRA meeting on March 19,
1981 at 6:30 P.M. in the Council Chambers.
Seconded by Councilman Anderson. Ayes — all.
— 27 — 2/19
4. Terri Ellisen: Sewer Problem
a. Ms. Terri Ellisen requested Council pay for cost of a sanitary sewer service
connection - $525.00, for their new dwelling at 2683 Elm Street. Engineering
plans showed that a service stub was constructed in 1968. When the Ellisen's con-
tractor was going to hook the dwelling to sanitary sewer the stub was not found.
The contractor did not notify the City at this time.
b. Staff stated a refund check for the amount of the original service connection
plus interest (174.37) was forwarded to the Ellisens. They returned the check and
refused to accept that amount. It was also stated Council procedures had been follow-
ed.
C. Councilman Nelson moved to deny the request of the Ellisens for a refund of
$525.00 and stated he felt the Citv's Dolicv had been followed.
Seconded by Mayor Greavu. Ayes — Mayor Greavu; Councilperson Juker,
Councilmen Anderson and Nelson.
Nays — Councilman Bastian.
5. Resignation of Bernard Grover from the Park and Recreation Advisory. Board
a. Manager Evans presented a letter of resignation from Bernard Grover from the
Park and Recreation Commission effective immediately.
b. Councilman Bastian moved to accept the resignation of Bernard Grover from the
Parks and Recreation Commission and that a letter of appreciation for his services
be forwarded.
Seconded by Councilperson Juker. Ayes — all.
6. Final Plans: Brookview Drive Storm Sewer
a. Manager Evans presented the final construction plans for the storm sewer improve-
ments on Brookview Drive near Merit Chevrolet. The project was ordered after public
hearings in July and August of 1980. The estimated construction cost for the improve-
ments is $39,000.
It is recommended that the City Council approve the Plans and Specifications and
authorize advertisement for bids.
b. Councilman Anderson introduced the following resolution and moved its adoption:
81 —2 -29
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, pursuant to resolution passed by the City Council on August 21,
1980, plans and specifications for Brookview Drive Storm Sewer (Improvement Project
78 -20) have been prepared by or under the direction of the City Engineer and he
has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA:
— 28 — 2/19
1. Such plans and specifications, a copy of which is attached hereto and made
a part hereof, are hereby approved and ordered placed on file in the office
of the City Clerk.
2. The City Clerk shall prepare and cuase to be inserted in the official paper
(and in the Construction Bulletin) an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The adver-
tisement shall be published two times, at least 21 days before date set for
bid opening, shall specify the work to be done, shall state that bids will be
publicly opened and considered, by the Council at the time and date selected
by the Cilty Engineer, at the City Hall and that no bids shall be considered
unless sealed and filed with the Clerk and accompanied by certified check
or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount
of such bid.
3. The City Clerk and City Engineer are hereby authorized and instructed to receive,
open, and read aloud bids and to tabulate the bids received.
Seconded by Mayor Greavu. Ayes — all.
7. Final Plans: Southlawn Drive
a. Manager Evans presented the final plans for the above referenced project. These
improvements will provide City services to the Maple Knoll PUD.
It is recommended that the City Council approve the plans and specifications and
authorize advertisement for bids.
b. Councilman Anderson introduced the following resolution and moved its adoption:
81 — 2 — 30
WHEREAS, pursuant to resolutoin passed by the City Council on July 3, 1980,
plans and specifications for Southlawn Drive (Improvement Project 79 -15) have been
prepared by or under the direction of the City Engineer and he has presented such
plans and specifications to the Council for approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of
the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official. paper
(and in the Construction Bulletin) an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The advertise-
ment shall be published two times, at least 21 days before date set for bid
opening, shall specify the work to be done, shall state that bids will be
publicly opened and considered, by the Council at the time and date selected
by the City Engineer, at the City Hall and that no bids shall be considered
unless sealed and filed with the Clerk and accompanied by a certified check
or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount
of such bid.
3. The City Clerk and City Engineer are hereby authorized andi.nstructed to receive,
open and read aloud bids and to tabulate the bids received.
— 29 — 2/19
Seconded by Councilman Bastian. Ayes — all.
8. Liquor Display License — Kellen Lake Hall
a. Manager Evans stated Mr. Warren Peterson, Keller Lake Halls, 2280 Maplewood
Drive, has applied for a display liquor license for his catering business.
b. Councilman Bastian moved to approve the application of Mr. Warren Peterson,
Keller Lake Halls. for a.disDlav license. at 2280 Maplewood Drive.
Seconded by Mayor Greavu. Ayes — all.
9. Carry Over of 1980 Appropriations
a. Manager Evans presented the staff report.
b. Councilperson Joker moved to authorize the reductions in the 1980 Budget and
increases in the 1981 Budget for the carry over requests as recommended in the
staff report.
Seconded by Councilman Bastian.
K. COUNCIL PRESENTATIONS
1. Letter to School Board
Ayes — all
a. Councilperson Joker commented on what a "great letter the Manager sent to the
school board regarding any proposed school closings ".
2. Cable TV Board
a. Councilman Bastian brought the Council up to date on the Cable TV Board meetings.
The Board is considering hiring an attorney to advise them on legal matters and
to hire a consultant which would act as advisor. The cost would be approximately
$120,000 over the next three years to be paid by the cities involved.
b. Councilperson Juker moved to appoint James Rohricht for the second member to
represent the .City on the Cable TV Board.
Seconded by Mayor Greavu. Ayes — all.
4. Storm Water Problem — St. Paul
a. Manager Evans stated the Manager of the Suburban Cities affected by the St.
Paul decision to meter storm water met to discuss what can be done. He will keep
the Council up to date.
L. ADMINISTRATIVE PRESENTATIONS
1. Vacum Sweeper
a. Manager Evans presented the staff report.
b. Councilperson Juker moved to authorize the purchase of a second hand vacum type
street sweeper and Catch Basin Cleaner from the City of Fergus Falls in the amount
of $35.000.
— 30 — 2/19
t.. Seconded by Mayor Greavu. Ayes — all.
j Councilman Bastian moved to suspend the Rules of Procedures to continue the agenda past
the 10:30 P.M. deadline.
Seconded by Mayor Greavu. Ayes — Mayor Greavu; Councilmen Anderson,
Bastian and Nelson.
Nays — Councilperson Juker.
K. COUNCIL PRESENTATIONS (continued)
3. Battle Creek
a. City Attorney Don Lais informed the Council of the meeting held by the Watershed
District concerning the Battle Creek Improvements.
b. Councilman Anderson moved that a letter be forwarded to the Ramsey Watershed
District requesting them to extend the time limit of the hearing to 30 days to
allow the City time to prepare data and request staff to prepare an analysis of
the proposed improvements and assessments.
Seconded by Councilperson Juker. Ayes — all.
M. ADJOURNMENT
10:55 P.M.
City Clerk
— 31 — 2/19