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HomeMy WebLinkAbout05.06.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, May 6, 1982 Council Chambers, Municipal Building Meeting No. 82 -11 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 7:02 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. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Letters of Appreciation 2. Nuisance Ordinance 3. Sideyard Setback — RE District 4. Pleasantview Park 5. East Lakeshore Drive 6. Ramsey County League 7. Definition of Family 8. Rules of Procedures 9. Patrolpersons 10. 25th Anniversary Seconded by Councilmember Anderson, Ayes — all. E. CONSENT AGENDA Council removed Consent Agenda Item E -1 to become Item J -10. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes — all, to approve_ the Consent Agenda Items —2 through —9 as recommended. 1. Accounts Payable _ See Item J -10. 2. No Parking: East Shore Drive Resolution No. 82 -5 -50 — 1 — 5/6 WHEREAS, the imposition of parking restrictions on East Shore Drive west of Frost Avenue connection is in the best interest of the health, welfare and safety of the citizens of Maplewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFMAPLEWOOD, MINNESOTA, as follows: that this .Council request that Ramsey County designate East Shore Drive west of Frost Avenue connection a "No Parking" zone. 3. Manuel of Engineering Guidelines Adopted the "Manuel of Engineering Guidelines. 4. Final Plat: Linwood Avenue Approved the final plat for Linwood Heights Addition for 74 unit townhouse development, (21 buildings) subject to the condition that the applicant shall provide an easement for public purposes for the Hillwood Drive cul —de —sac. 5. Final Plat: Bollman's Addition Approved the final plat for Arthur Bollman's Addition subject to the payment of sewer cash connection charges for lots 1 and 2 before the plat is signed. 6. Final Plat: Maple Ridge Mall Approved the final plat for Maple Ridge Mall subject to the submission of a deed for the dedication of OutlotA to Ramsey County prior to signing the plat. 7. Contribution: Moose Lodge Accepted a contribution of $250.00 from the St. Paul Lodge No. 963, Loyal Order of Moose to be used for planting flowers in the parks and that a letter of thanks be for- warded. 8. Commercial Development Revenue Note: Maplewood Dental Specialists Building Resolution No. 82 -5 -51 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 un- less the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended;. 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; — 2 — 5/6 Borrower: Maplewood Dental Specialties, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City: the City of Maplewood, Minnesota, its successors and assigns; Construction Loan Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating to the disbursement and payment of Project Costs for the acquisition of the Land and the construction and installation of the Improvements; Equipment: any and all machinery, equipment, furniture and other tangible personal property purchased or to be purchaed by the Borrower with the proceeds of the Note, including, without limitation, those items of machinery, equip- ment, furniture and other personal property more particularly listed and described on Exhibit B to this Agreement; Guarantors: collectively, Dr. Dennis McMahon, Dr. Walter B. Parsons, Dr. Robert L. Jensen and Dr. Jane H. Jensen; Guaranty: the Guaranty of Specific Indebtedness to be executed by or on behalf of the Guarantors as of the date of this Agreement; Improvements: the structures and other improvements, including any Equipment, 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 State Bank of Saint Paul, St. Paul, Minnesota, its successors and assigns; Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Mortgage: the Statutory Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement to be executed by the Borrower, as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; Note: the $800,000 Commercial Development Revenue Note of 1982 THaplewood Dental Specialties 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, - 3 - 5/6 Plans and Svecifications: the plans and specifications for the construction and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Pledge Agreement: the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement to the Lender, Principal Balance: so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid at any time; Project: the Land and Improvements as they may at any time exist; Project Costs: the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted 1982, together with any supplement or amendment thereto. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1 -2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and - 4 - 5/6 accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Pledge Agreement, the Note and the Construction Loan Agreement, which documents specify the tens and conditions of the acquisition and financing of the Project; (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the develop- ment of revenue - producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas thus preserving the economic and human resources needed as a base for providing governmental services and facilities; the provision of acces- sible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the 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 permitted by Section 474.05 of the Act, will require the issuance of the Note in the principal amount of $800,000 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 Project; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon; and (7) The Note is an industrial development bond within the meaning of Section 103(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (A) of Section 103(b)(6) of the Code with respect to an issue of $1,000,000 or less; provided prevent the City from hereafter different exemption if, and to permitted by law and consistent of the Project. that nothing herein shall qualifying the Note under a the extent, such exemption is with the objects and purposes - 5 - 5/6 1 -4. Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the construction and installation of the Project pursuant to the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $800,000 unless a duplicate Note is issued pursuant to Section 2 -7. The Note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1982 (Maplewood Dental Specialties Project) $800,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ") hereby promises to pay to the order of First State Bank of Saint Paul, in St. Paul, Minnesota (the "Lender "), its successors or registered assigns, from the source and in the manner hereinafter provided, the principal sum of EIGHT HUNDRED THOUSAND DOLLARS AND 00 /100 DOLLARS (8,000,000.00), 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 thirteen and twenty -five hundredths percent (13.258) per annum or at such other rate as hereinafter provided in - 6 - 5/6 paragraphs 1(c) and 1(d) hereof, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) From and after the date hreof and until the "Amortization Date" (the first day of the calendar month next succeding completion of the Project in accordance with the Construction Loan Agreement hereinafter referred to, but in any event no later than unless extended by the Lender), interest only snail 5e pala. 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 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 Amortization Date and continuing until the Principal Balance shall have been paid (the "Final Maturity Date "). (c) From and after the Amortization Date, interest accruing on the Principal Balance for any calendar month shall be payable on the first day of each month commencing on the first day of the calendar month next succeed- ing the Amortization Date and continuing until the accrued interest on the Principal Balance shall have been paid. Unless a "Determination of Taxability" shall occur, in which event the interest rate shall be governed by paragraph 1(d) hereof, the rate of interest shall be adjusted every three years on January 10 until the Final Maturity Date, beginning January 10, 1986. On each such January 10, the rate of interest shall be adjusted to a rate equal to seventy -five hundredths percent (.75 %) in excess of the average of the rates published for the preceding four weeks as the 182 day United States Treasury Bill yield as such rate is published each Tuesday in the Wall Street Journal (or in the event such rates are not published or are otherwise not available, a similiar successor rate chosen by the Borrower and approved in writing by the Lender, provided that if no such successor rate can be agreed upon, Lender shall have the option of calling this Note). (d) 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 of even date herewith between the City and Maplewood Dental Specialties (the "Borrower ") (the "Loan Agreement "), and the Lender delivers to the Borrower a copy of the notice of the "Determination of Taxability ", the interest rate shall be.immediately adjusted to six percent (6 %) per annum in excess of the average of the rates published for the preceding four weeks as the 182 day United States Treasury Bill yield as such rate is published each Tuesday in the Wall Street Journal (or in the event such rates are not published or are otherwise not available, a similiar successor rate chosen by the Borrower and approved in writing by the Lender, provided that if no such successor rate can be agreed upon, Lender shall have the option of calling this Note) which rate shall be - 7 - 5/6 adjusted on each succeeding January 10 and each monthly installment thereafter payable shall be adjusted accordingly. In addition the Lender shall be entitled to receive upon demand an amount equal to the aggregate difference between (i) the monthly payments theretofor made to the Lender on this Note between the "Date of Taxability ", as that term is defined in the Loan Agreement, and the date of receipt by the Borrower of notice of such "Determination of Taxability ", and (ii) the monthly payments which would have been made during such period if the adjusted rate had been in effect throughout such period. 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 service charge, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but charged for the actual number of days elapsed in a 365 day year. 3. If the Lender should not receive on the first day of any month all of the principal and interest then due on the Note, and if the City should continue to be in arrears through the fifteenth day of such month, then, in addition to all other sums due hereunder, the Lender shall be entitled to receive on the sixteenth day of such month a service charge equal to four percent (4.008) of the delinquent principal and interest. 4. Principal and interest and premium or service charge due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 5. This Note is issued by the City to provide funds for a project, as defined in Section 474.02, Subdivision la, Minnesota Statutes, consisting of the acquisition of real estate, and the construction of a 12,000 square foot office /dental facility thereon, pursuant to a Loan Agreement of even date herewith between the City and Maplewood Dental Specialties (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 "). 6. This Note is secured by a Pledge Agreement of even date herewith by the City to the Lender (the "Pledge Agreement "), a Statutory Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Financing Statement, of even date herewith between the Borrower, as mortgagor, and the Lender as mortgagee (the "Mortgage ") Assignments of Life Insurance Policies issuing the lives of Dr. Dennis McMahon, Dr. Walter B. Parsons, Jr. and Dr. Robert L. Jensen. Payment of this Note is unconditionally and jointly and severally quaranteed by Dr. Dennis McMahon, Dr. Walter B. Parsons, Dr. Jane H. Jensen, and Dr. Robert L. Jensen pursuant to the terms of a certain Guaranty of Specific Indebtedness in favor of the Lender (the Guaranty) and the disbursement of the proceeds of - ° - 5/6 this Note is subject to the terms and conditions of a Construction Loan Agreement of even date herewith between the Lender, the City and the Borrower (the "Construction Loan Agreement "). 7. The Lender may extend the times of payments of interest and /or principal of or any service charge or premium due on this Note, including 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. S. This Note may be prepaid in whole or in part at any time without premium. 9. This Note is further subject to prepayment by the City, at any time, without a premium, in whole or in part, upon the occurrence of certain events of damage, destruction or condemnation of the property secured by the Mortgage, as specified in Section 2 of the Mortgage. In addition, the Lender shall have the option to declare the Principal Balance and accrued interest due and payable on the first day of the tenth (10th) Loan Year and the first day of the fifteenth (15th) Loan Year upon ( ) days prior written notice to the City and the Borrower. The term "Loan Year" as used herein shall mean a twelve (12) month period commencing on the Amortization Date and on each anniversary thereof. 10. In the event of prepayment of this Note, the Lender shall apply any such prepayment against the accrued interest on the Principal Balance and then against the final principal amounts due under the Note. 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. 11. 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 authorized 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 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 - 9 - 5/6 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. 12. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Loan Agreement, the Pledge Agreement, the Guaranty 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. 13. This Note and interest thereon and any service charge or premium due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement, the Mortgage, the Assignments of Life Insurance Policies, the Construction Loan Agreement, and the Guaranty, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 14. It is agreed that time is of the essence of this Note. If an Event of Default (as that term is defined in the Mortgage, the Construction Loan Agreement or the Loan Agreement) shall occur, then the Lender shall have the right and option to declare, the Principal Balance and accrued interest thereon, immediately due and payable, whereupon the same, plus any premiums or service charges, shall be due and payable, but solely from sums made available under the Loan Agreement, the Guaranty, the Construction Loan Agreement, the Assignments of Life Insurance Policies, and the 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. 15. The remedies of the Lender, as provided herein and in the Mortgage, the Guaranty, the Loan Agreement, the Assignments of Life Insurance Policies, the Pledge Agreement and the Construction Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. - 10 - 5/6 16. 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. 17. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and City Clerk and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated 1982. Attest: (SEAL) Th, Note and the books of the noted below. Date of Registration CITY OF MAPLEWOOD, MINNESOTA Mayor City Clerk PROVISIONS AS TO REGISTRATION ownership of the unpaid interest accruing therec City of Maplewood in the Name and address Registered Owner Principal Balance of this a is registered on the name of the holder last Signature of City Clerk First State Bank of Saint Paul 1000 Payne Avenue St. Paul, Mn. 55101 - 11 - 5/6 2 -2. The Initial Note. The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2 -4. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement; (B) the Pledge Agreement; (C) the Mortgage; (D) the Construction Loan Agreement, (E) the Guaranty; (F) the Assignments of Life Insurance Policies; (G) a Cost Certificate signed by the Borrower certifying the use of the proceeds of the Note; (H) Leases now existing. (2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) a title commitment in form and substance satisfactory to the Lender; (5) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. - 12 - 5/6 2 -5. Disposition of Note Proceeds. There is hereby established with the Lender a Construction Fund to be held by the Lender as a separate account of the City as provided in the Construction Loan Agreement. Upon delivery of the Note to Lender, the proceeds Of such Note shall be credited to the Construction Fund held by the Lender on behalf of the City, at which time the entire principal amount of the Note shall be deemed advanced, and the Lender shall, on behalf of the City, disburse funds from the Construction Fund for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, including compliance with the provisions of the Construction Loan Agreement. The Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. 2 -6. Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2 -7. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance With its terms it shall not be necessary to issue a new Note prior to payment. 2 -8. Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption - 13 - 5/6 price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2 -9. Limitation on Note Transfers. The Note has been issued without registration under state or other 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. 2 -10. Issuance of New Notes. Subject to the provisions of Section 2 -9, the City shall, at the request and expense of the Lender issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. ARTICLE THREE GENERAL COVENANTS 3 -1. Payment of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement and the Guaranty, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement and the Guaranty; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3 -2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and the Pledge - 14 - 5/6 Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3 -3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Construction Loan Agreement, and to perform all covenants and other provisions pertaining to the City contained in the Note, the Loan Agreement and the Construction Loan Agreement and subject to Section 3 -4. 3 -4. Nature of Security. Notwithstanding anything contained in the Note, the Mortgage, the Loan Agreement, the Pledge Agreement or any other document referred to in Section 2 -4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the Assignments of Life Insurance Policies, the Construction Loan Agreement, the Guaranty and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement, the Pledge Agreement, the Assignments of Life Insurance Policies, and the Construction Loan Agreement shall be subject at all times to the availability of revenues under the Loan Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty, and the Assignments of Life Insurance Policies sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. - 15 - 5/6 ARTICLE FOUR MISCELLANEOUS 4 -1. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or Jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4 -2. Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4 -3. Registration of Resolution. The City Clerk is authorized and directed to cause a COPY of this Resolution to be filed with the Count Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4 -4. Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement, the Construction Loan Agreement, the Guaranty and the Mortgage are hereby approved in substantially the form heretofore presented to the City Council together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and 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 consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without 16 - 5/6 further act or authorization of the City Council do all things and execute all instru- ments 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: May 6, 1982. /s/ John C. Greavu — Mayor of City of Maplewood Attest: s/ Lucille E. Aurelius City Clerk 9. Traffic Signals and Opticoms: Funding Authorized a budget transfer of up to $57,000 from the State Aid Street Fund to install signal and opticom- systems at the following locations: TH 94 South Ramp, Burns Avenue at McKnight Road TH94 North Ramp at McKnight Road TH 61 at Beam Avenue TH 36 at English Signal "Opticom" $12,000 $12,000 $4,500 $12,000 $4,500 $12,000 $9,000 $48,000 TOTAL $57,000 Mayor Greavu recessed the meeting at 7:10 P.M. to convene as the Board of Adjustments and Appeals. Mayor Greavu reconvened the meeting at 7:31 P.M. F. PUBLIC HEARINGS 3. Highway 61 Frontage Road 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposed improvement of Highway 61 Frontage Road by construction of street, storm sewer, sanitary sewer, watermains and appurtenances. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Assistant City Engineer Pillatzke presented the specifics of the proposal. C. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission make the following findings: 1. That the construction of the proposed frontage road, east of Highway 61, from Gervais Avenue to County Road C, is consistent with the Land Use Plan. 2. At such time that this project is awarded, Council should initiate the vacation — 17 — 5/6 4 of Connor Avenue and Duluth Street, lying north of the proposed frontage road. Commissioner Whitcomb seconded. Ayes — Commissioners Barrett, Fischer, Howard, Pellish, Prew; Sletten, Whitcomb." d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons expressed their views. Mr. James Fenlon, 1216 E. County Road C A representative of Lakeview Lutheran Church Mr. John Mattson, 1230 E. County Road C e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: 82 — 5 — 52 WHEREAS, after due notice of public hearing on the construction of street, storm sewer, sanitary sewer, watermain and appurtenances on T.H. 61 Frontage Road (Maplewood Drive) from Gervais Avenue- to County Road "C ", a hearing on said im- provement in accordance with the notice duly given was held on May 6, 1982, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct street, storm sewer, sanitary sewer, watermain and appurtenances on T.H. 61 Frontage Road (Maplewood Drive) from Gervais Avenue to County Road "C" as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the,making of said improvement. Seconded by Councilmember Anderson. Ayes — all. Plan Amendment and Special Use Permit: Larpenteur Avenue and Jackson Street (REM Development, Inc.) 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of REM Development, Inc. for a special use permit to construct a 36 bed housing complex for mentally disabled persons at the northwest corner of Larpenteur Avenue and Jackson Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission recommend approval of aPlan amendment from RL, Low Density Residential to Rh, High Density Residential, on the basis that: — 18 — 5/6 1. The density in the neighborhood would not exceed the maximum density for the neighborhood at the RL designation. 2. Amending the plan for the proposed . use would meet the goal of the Land Use Plan by providing increased types of health care for the .community. - 3. The zoning classification of the site is appropriate for the Rh land use de- signation. Commissioner Sletten seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb. Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the special use permit for the Greenwood North residence for handicapped adults, on the basis that: 1. The zoning of.the site is appropriate. 2. The proposed complex would meet with the goals of the Land Use Plan Update by providing a health care facility not presently available in Maplewood. Approval is subject to: 1. Approval of -a Plan change for the site from RL to Rh. 2. After the first year of operation, the Council may renew or revise the special use permit. 3. Beaumont Street shall be vacated prior to the issuance of a building permit. 4. The applicant shall provide substantial screening of the property along the northerly and westerly lot lines as a buffer. This will be subject to the approval of the Community Design Review Board. Commissioner Fischer seconded. - Chairman Axdahl moved an amendment to include a condition #5, Staff's confirmation that a three acre /foot pond is adequate at reasonable depth. Commissioner Pellish seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb. Voting on the motion as amended: Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb. d. Mr. Tom Miller, representing REM Development, spoke on behalf of the proposal. Mr. Bob Rusub, Ackerman Architecture, presented the plans for the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Joseph Morris, 1716 Beaumont, presented a petition signed by the area residents opposing the proposal. Mr. John Hines, 33 Larpenteur Avenue Mr. Willard Wills, 66 E. Larpenteur Avenue Mr. Donald.Rongetsch, 1709 Jackson — 19 — 5/6 Mr.. Larry O'Flanagan, , 1719 Beaumont Mrs. Marty Showers, 1719 Abel Mr. George Harwell, 1726 Abel Mr. Rocky Olson, 1695 Abel Mr. Michael Shannon, 1714 Jackson Mr. John Slama, 77 E. Kingston Mr. John Steiner, 1730 Jackson.. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 82 -5 -53 WHEREAS, the Maplewood City Council and the Maplewood Planning Commission have prepared and adopted a Comprehensive Community Plan in compliance with the requirements of Section 462.355 of the State Planning Enabling Legislation; and WHEREAS, said Section 462.355 provides for subsequent amendment of said Com- prehensive Plan which reflect changed conditions; and WHEREAS, the Maplewood Planning Commission has conducted the required public hearing and has given consideration to all evidence and testimony submitted at such hearing held on May 3, 1982 and has adopted said amendment and forwarded said amendment to the City Council for certification; and WHEREAS, the Maplewood City Council has reviewed said amendment; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby adopts and amends the Comprehensive Plan for Maplewood. Seconded by Councilmember Maida. Ayes - Mayor Greavu,Councilmembers Anderson and Maida. Nays - Councilmembers Bastian and Joker. i. Councilmember Anderson moved to approve the Special Use Permit as requested by REM Development. Inc. to construct a 36 bed housine complex for mentallv disabled to the tollowing conditions: 1. Approval of a Plan change for the site from RL to Rh. 2. After the first year of operation, the Council may renew or revise the special use permit. 3. Beaumont Street shall be vacated prior to the issuance of a building permit. 4. The applicant shall provide substantial screening of the property along the northerly and westerly lot lines as a buffer. This will be subject to the approval of the Community Design Review Board. Seconded by Councilmember Maida. Councilmember Bastian moved to amend the motion and include the following condit- ions to the Special Use Permit. - 20 - 5/6 5. Approval of Fire Marshal for life safety access 6. Buffer to be placed on Larpenteur Avenue side to prevent headlong traffic onto subject property. 7. Fencing be provided on the North and West areas of property to prevent access to pond. Seconded by Councilmember Maids. Ayes -Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker.. Voting on original motion. Ayes - Mayor Greavu, Councilmember Anderson and Maida. Nays - Councilmembers Bastian and Juker. Mayor Greavu recessed the meeting at 9:49 P.M. to reconvene as the Board of Adjustments and Appeals. Mayor Greavu reconvened the meeting at 10:11 P.M. G. AWARD OF BIDS 1. Towing Contract a. Manager Evans presented the staff report. b. Mr. Don Regan, representing Art's Towing, stated there was descrepancies in the bids. C. Following further discussion, Councilmember Anderson moved, due to questions that arose, to reject all bids and refer the proposed towing contract to staff. Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS None. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Special Exception: 931 County Road C - Howard a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of a special exception for a home occupation permit to operate an insurance office, subject to the following conditions: 1. Compliance with all of the criteria as outlined in the Planning Commission subcommittee report. - 21 - 5/6 2. The special exception may be renewed after three years if Council is satisfied that there has not been any nuisances created by the business. 3. The applicant shall install one five — pound fire extinguisher and smoke detectors within the dwelling. The placement of these shall be determined by the Fire Marshal. Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Pellish, Prew, Sletten, Whitcomb." C. Mr. Bill Howard, the applicant, spoke on behalf of the proposal. d. Councilmember Anderson moved to E. County Road C, for a special use his home subiect to the following c )rove the request of Mr. Bill Howard, 931 rmit to itions: 1. Compliance with all of the criteria as outlined in the Planning Commission subcommittee report. 2. The special exception may be renewed after three years if Council issatis- fied that there has not been any nuisances created by the business. 3. The applicant shall install one five —pound fire extinguisher and smoke detectors within the dwelling. The placement of these shall be determined by the Fire Marshal. Seconded by Councilmember Bastian. Ayes — all. 2. Special Exception: Game Room (Maplewood Square) Applicant withdrew the request. 3. English Street: D. Tucci a. Mr. David Tucci, representing his mother Mrs. Minnie Tucci, requested that the proposed construction of English Street north of Kohlman, which is considered a developer's financial responsibility to build, be treated as a City project and be assessed. - b. No action taken. 4. Maplewood Bowl: G. Anderson a. Mr. Gary Anderson stated he wished to discuss the questions he has read that the Council has regarding the Maplewood Bowl. b. Council discussed their concerns with Mr. Anderson. C. No action taken at this time. 5. Sewer Contracting: DeLory Company a. Mr. Bob Aberbach, representing DeLory Company, requested Council revise their ordinance and allow persons other than a master plumber to obtain a sewer permit. b. Councilmember Anderson moved to refer this matter to staff. — 22 — 5/6 Seconded by Councilmember Maida. Ayes all -. 6. Brookview Drive Assessment Method a. Manager Evans presented the staff report. b. Director of Public Works Haider presented the several alternatives for assessing the Brookview Drive Project No. 78 -20. C. Councilmember Anderson moved to authorize alternative No. Cl as an assessment method for Brookview Drive Project No. 78 -20. Seconded by Mayor Greavu. 7. Tree Removal Program Ayes — Mayor Greavu; Councilmembers Anderson, Bastian and Juker.. Councilmember Maida abstained. a. Councilmember Bastian moved to table this item until the first meeting in June. Seconded by Councilmember Maida. Ayes — all. 8. R.E. Rezoning — South of Lower Afton Road a. Councilmember Bastian moved to table this item to the 1st meeting in June. Seconded by Councilmember Maids. Ayes — all. 9. Plan Update a. Councilmember Bastian moved to approve the Maplewood Comprehensive Plan Update as presented. Seconded by Councilmember Maida. Ayes — all. 10. Accounts Payable a. Councilmember Maida moved to approve the accounts (Part I — Fees, Services, Expenses — Check No. 000327 through Check No. 000419 — $195,215.69; Check No. 013019 through Check No. 013144 — $140,340.49; Part II — Payroll Check No. 03610 through Check No. 03733 — $55,606.19) in the amount of $391,162.37. Seconded by Councilmember Bastian. Ayes — all. K. COUNCIL PRESENTATIONS 1. Letter of Appreciation a. Councilmember Juker requested letters of appreciation be forwarded to all the Police and Fire Departments that took part in Director of Public Safety Richard W. Schaller's funeral b. Council was informed this has been done. 2. Nuisance Ordinance — 23 — 5/6 a. Councilmember Juker stated trucks are cleaning the Gladstone Community Education parking lot at all hours. Does the City have an ordinance to control this nuisance. b. Staff to investigate. 3. Sideyard Setback — RE District - a. Councilmember Maida moved to reconsider the Sideyard Setback: RE District Ordinance at the meeting of May 20, 1982. - Seconded by Councilmember Juker. Ayes — all. 4. Pleasantview Park a. Councilmember Maida questioned if dirt is being hauled onto the Pleasantview Park site. b. Staff stated as soon as easements are obtained the hauling will .begin. 10. 25th Anniversary a. Councilmember Juker moved to approve the following list of events for Maplewood's 25th Anniversary Celebration and that a budget transfer of $3,000.00 plus cost of postage from the contingency fund be approved: .DATE EVENT RESPONSIBLE PEOPLE Fall Maplewood Run Gary Bastian June 1 Button Sale Community Services June 1 T —Shirt Sale Community Services July 17 Open House Tours City Council Members & Staff _ July 17 Bus Tour of Maplewood Community Services - August 14 Park Dance City Council — Comm. Services - August 12 Recognition Banquet City Clerk's Office August 6, 7, 8 City Wide Garage Sale Community Services June 1 —July 4 Contests City Council — Comm. Services May 10 —Dec 31 Postage Meter City Clerk's Office June 1 —Dec 31 Flag Community Services Summer Flea Market Sale City Council July 4 July 4 Celebration Community Services July 21 Ramsey County Parade City Council Seconded by Councilmember Bastian. Ayes — all. — 24 — 5/6 5. East Lakeshore Drive Cul —de -sac a. Councilmember Anderson stated the County constructed a cul —de —sac on East Shore Drive and removed the fishing area. He requested that a letter be forwarded to the County referring the problem to them. 6. Ramsey County League a. Councilmember Bastian stated he has resigned as the delegate to the Ramsey County League and moved that MaryLee Maida be nominated as delegates Seconded by Mayor Greavu. b. Councilmember Bastian moved that $625 be account to pay the Ramsey County League dues. Ayes — all. Seconded by Mayor Greavu. Ayes — all. from the C. Mayor Greavu moved to appoint Norman Anderson be alternate delegate for the__ Ramsey County League. e Seconded by p6uncilmember Bastian. Ayes — all. 7. Definition of Family Ordinance a. Councilmember Bastian moved to reconsider the definition of family ordinance at the meeting of May 20, 1982. Seconded by Councilmember Anderson. Ayes — all. 8. Rules of Procedures a. Mayor Greavu moved to amend the Rules of Procedures to establish the reeular Council meetings as the 2nd and 4th Mondays of each month and that if necessary special meetings be established for the 3rd Thursday of each month, also staff — Council agenda session be established on the previous Thursdays before each Council meet Seconded by Councilmember Maida. L. ADMINISTRATIVE PRESENTATIONS 9. Patrolpersons Ayes — Mayor Greavu, Councilmember Anderson, Bastian and Maida. Nays — Councilmember Juker. a. Manager Evans stated there is a freeze on hiring patrolpersons and he requested that he be authorized to hire two patrolpersons. b. Mayor Greavu moved to authorize the Manager to commence the hiring of two patrol persons. Seconded by Councilmember Maida. Ayes — Mayor Greavu and Councilmember Anderson. Nays — Councilmembers Bastian, Juker and Maida. — 25 — 5/6 c. Councilmember Juker moved to authorize the manager to proceed with hiring one patrolperson. Seconded by Councilmember Maids. Ayes - ail. M. ADJOURNMENT 12:16 A.M. City Clerk - 26 - 5/6