HomeMy WebLinkAbout01.24.83MINUTES OF THE MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, January 24, 1983
Council Chambers, Municipal Building
Meeting No. 83 -3
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 Acting Mayor Bastian.
B. ROLL CALL
Gary W. Bastian, Acting Mayor Present
John C. Greavu, Mayor Absent
Norman G. Anderson, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Councilmember Anderson moved to approve the following Minutes of Meeti
31 (November 22, 1982), Meeting No. - (December 13, 1982), eeting o.
ember 16, 1982), Meeting No. 82-34 ecem er 27, 1982) as su mitte .
Seconded by Councilmember Maida. Ayes - all.
-) APPROVAL OF AGENDA
Councilmember Anderson moved to approve the Agenda as amended:
1. Volunteerism
2. Wage and Hiring Freeze
3. Nepotism
4. Sewer Bills
Seconded by Councilmember Maida. Ayes - all.
E. CONSENT AGENDA
No. 82-
- n
Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve
the Consent Agenda Items 1 through 9 as recommended:
1. Accounts Payable
Approved the Accounts (Part I, Fees, Services, Expenses, Check No. 01348 through Check
No. 03177 - $34,033.46; Check No. 015352 through Check No. 15436 - $82,595.12; Checks
dated January 13, 1983- $171,052'•.15: Part II - Payroll dated January 14, 1983 -
$55,515.48) in the amount of $343,196.21.
2. Final Approval - Industrial Revenue Note - Commercial Partners
83 - 1 - 12
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF A PERMANENT
REVENUE NOTE PURSUANT TO CHAPTER 474, MINNESOTA
STATUTES, TO PROVIDE FUNDS TO BE LOANED
TO COMMERCIAL PARTNERS / MAPLEWOOD
FOR INDUSTRIAL DEVELOPMENT PROJECT
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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 and sell its
revenue notes for the purpose of undertaking an authorized
project, to issue and sell notes to evidence temporary loans to
be repaid from the proceeds of revenue notes 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 notes.
2. Authorization of Note and Series of Notes. The
City Council adopted a resolution on February 19, 1981 (the
"Resolution ") authorizing the issuance and sale of a revenue note
of the City in the aggregate principal 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 neces-
sary equipment (the "Project Equipment ") to be located permanent-
ly in and become a part of the Project Building or the site
thereof (the "Project Site ") and necessary site improvements
(collectively the "Project" as more fully defined in the Loan
Agreement hereinafter mentioned). In anticipation of the issu-
ance of the permanent revenue notes authorized by the Resolution
and in order to provide temporary financing for the Project, the
City issued and sold its $1,100,000 City of Maplewood Industrial
Development Revenue Bond (Commercial Partners /Maplewood Project)
(the "Temporary Bond") which matures on February 1, 1983. The
City Council shall now issue and sell its $1,100,000 Industrial
Development Permanent Revenue Note (Commercial Partners /Maplewood
Protect) (the "Note "). 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 refunding
revenue note of the City on or prior to February 1, 1984 in the
aggregate principal amount of One Million One Hundred Thousand
Dollars ($1,100,000) to refund the Note.
3. Documents Presented. Forms of the following
documents (the "Note Documents ") relating to the Note 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:
(a) Loan and Purchase Agreement (the "Loan Agree-
ment"), 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 Temporary Bond, the City
agrees to make a loan to the Partnership of the proceeds of
the sale of the Temporary 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 Temporary Bond;
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(b) First Amendment to Loan and Purchase Agreement
(the "Loan Agreement Amendment "), dated as of February 1,
1983, amending and supplementing the Loan Agreement, where-
by, among other things, the City agrees to loan the proceeds
of the sale of the Note to the Partnership and the Partner-
ship covenants to pay amounts sufficient to provide for the
prompt payment_of the principal and interest on the Note;
(c) 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 Temporary Bond (this
document not to be executed by the City);
(d) First Amendment to Combination Mortgage, Security
Agreement and Fixture Financing Statement (the "Mortgage
Amendment "), dated as of February 1, 1983, amending and
supplementing the Mortgage, whereby the Partnership mort-
gages the Project Facilities as security for the Note (this
document not to be executed by the City);
(e) Guaranty Agreement (the "Guaranty Agreement ")
dated as of February 1, 1981 from Robert M. Larsen individ-
ually, Paul R. Anderson and Susan Anderson and Alan W.
Gustafson and Iris Gustafson (the "Guarantors ") to the Bank,
whereby the Guarantors guarantee the payment of principal
of, premium, if any, and interest on the Temporary
Bond to the extent provided therein (this document not to be
executed by the City);
(f) First Amendment to Guaranty Agreement (the "Guar-
anty Amendment ") dated as of February 1, 1983, amending and
supplementing the Guaranty Amendment, whereby the Guarantors
guarantee payment of principal of, premium, if any, and
interest on the Note to the extent provided therein (this
document not to be executed by the City);
(g) 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 Temporary Bond (the form of Assignment and
Pledge Agreement attached as Exhibit 2 to the Resolution);
(h) First Amendment to Assignment and Pledge Agreement
(the "Assignment Amendment ") dated as of February 1, 1983,
amending and supplementing the Assignment, whereby the City
assigns to the Bank all of its interest in the Loan Agree-
ment, as amended and supplemented by the Loan Agreement
Amendment and Loan Repayments of the Partnership thereunder
(except its rights under Section 5.02, 7.01, 8.04 and 8.05),
for the purpose of securing the full and prompt payment of
the Note (the form of Assignment Amendment attached as
Exhibit 2 hereto);
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(i) Assignment of Rents and
ment ") dated as of February 1, 19
the Bank, whereby the Partnership
leases of the Project to the Bank
Temporary Bond (this document not
City) ;. and
Leases (the "Lease Assign -
31 from the Partnership to
assigns the rents and
as security for the
to be executed by the
(j) First Amendment to Assignment of Rents and Leases
(the "Lease Assignment Amendment "), dated as of February 1,
1983, amending and supplementing the Lease Assignment,
whereby the Partnership assigns the rents and leases of the
Project to the Bank as security for the Note (this document
not to be executed by the City);
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: prevent-
ing 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 investment in education-
al and public service facilities; halting the movement of
talented, educated personnel to other areas and thus pre-
serving the economic and human resources needed as a base
for providing governmental services and facilities; adding
to the tax base of the Citv and the county and school
district in which the Project Facilities will be located.
(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 Note, the execution
and delivery of the Loan Agreement Amendment and the Assia_n-
ment Amendment and the performance of all covenants and
agreements of the City contained in the Note, the Loan
Agreement Amendment and the Assignment Amendment, and of all
other acts and things required under the Constitution and
laws of the State of Minnesota to make the Note, Loan
Agreement Amendment and the Assignment Amendment valid and
binding obligations of the City in accordance with their
terms, are permitted by the Act.
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(e) There is no litigation pending or, to the best of
its knowledge threatened, against the City relating to the
Project or to the Note or the Note Documents, or questioning
the organization of the City or its power or authority to
issue the Note or execute and deliver the Loan Agreement
Amendment and the Assignment Amendment.
(f) The execution and delivery of and performance of
the City's obligations under the Note, the Loan Agreement
Amendment and the Assignment Amendment 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 instrument
to which the City is a party or by which it or any of its
property is bound, or be in conflict with, result in a
breach of, or constitute (with due notice or lapse of time
or both) a default under any such indenture, agreement or
other instrument.
(g) The Loan Agreement as amended and supplemented by
the Loan Agreement Amendment (hereafter, the "Amended Loan
Agreement ") by the Partnership to the Holder of the Note for
the account of the City of such amounts as will be suffi-
cient to pay the principal of and interest on the Note when
due. No reserve funds are deemed necessary for this pur-
pose. The Amended 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 Note shall recite that the Note is not to be
payable from nor charged upon any funds other than amounts
payable by the Partnership pursuant to the Amended Loan
Agreement which are pledged to the payment thereof, and, in
the event of default, moneys derived from foreclosure or
other enforcement of the Note Documents; the City is not
subject to any liability thereon; no Holder of the Note
shall ever have the right to compel the exercise of the
taxing power of the City to pay the Note or the interest
thereon, nor to enforce payment thereof against any property
of the City; the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City; and such Note does not constitute an indebtedness of
the City within the meaning of any constitutional or statu-
tory limitation.
(i) Nothing has come to the attention of the City
Council to indicate' that any member of the City Council (i)
has a direct or indirect interest in the Project or any Note
Document, (ii) owns any capital stock of or other interest
in the Project or the Bank, (iii) will be involved in
supervising the completion of the Project on behalf of the
Partnership, or (iv) will receive any commission, bonus or
other remuneration for or in respect of the Project, the
Amended Loan Agreement, or the Note.
5 - 1/24
5. Approval and Execution of Documents. The forms of
Mortgage Amendment, Loan Agreement Amendment, Lease Assignment
Amendment, Guaranty Agreement Amendment, and Assignment Amendment
referred to in paragraph 3 are approved. The Loan Agreement
Amendment, and Assignment Amendment 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 there-
in, not inconsistent with the Act or other law, as may be approv-
ed by the officers executing the same, which approval shall be
conclusively evidenced by the execution thereof. The Mortgage
Amendment, the Guaranty Agreement Amendment and the Lease Assign-
ment Amendment 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
Amended Loan Agreement.
6. Approval of Terms and Sale of Note. The City
shall proceed forthwith to issue its City of Maplewood Industrial
Development Permanent Revenue Note (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 Note attached hereto as Exhibit 1, which
terms and provisions are hereby approved and incorporated in this
Note Resolution and made a part hereof.
A single fully registered Note, substantially in the
form of Exhibit 1 to this Note 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 inter-
est on the Note shall be payable at the office of the registered
owner thereof as it appears on the registration records main-
tained by the City Clerk in lawful money of the United States of
America. The proposal of the Bank to purchase such Note at a
price of $1,100,000 (1008 of par value) is hereby found and
determined to be reasonable and is hereby accepted.
7. Execution, Delivery and Endorsement of Note. The
Note 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 Note shall be delivered to the Bank
upon payment of the purchase price therefor, and upon receipt of
the signed legal opinion of Faegre & Benson, of Minneapolis,
Minnesota, bond counsel, pursuant to the Amended Loan Agreement.
The Note 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.
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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 Note and for transfers of the
Note. The City Clerk is authorized and directed to deliver a
certified copy of this Note 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 of the Note on the County's bond register as
required by the Act and Section 475.63, Minnesota Statutes.
9. Mutilated, Lost, Stolen or Destroyed Note. If the
Note is mutilated, lost, stolen or destroyed, the Citv may
execute and deliver to the Holder a new Note of like amount,
date, number and tenor as that mutilated, lost, stolen or de-
stroyed; provided that, in the case of mutilation, the mutilated
Note shall first be surrendered to the City, and in the case of a
lost, stolen or destroyed Note, 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, togeth-
er with indemnity satisfactory to them. The City and Partnership
may charge the Holder with their reasonable fees and expenses in
replacing any mutilated, lost, stolen or destroyed Note.
10. Transfer of Note; Person Treated as Holder. The
Note shall be transferable by the Holder on the bond register of
the City, upon presentation of the Note for notation of such
transfer thereon at the office of the City Clerk, as bond regis-
trar, 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 writ-
ing. The Holder seeking to transfer ownership of the Note shall
also give written notice thereof to the Partnership. The Note
shall continue to be subject to successive transfers at the
option of the Holder of the Note. 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 govern-
mental charge payable in connection therewith. The person in
whose name the Note 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 Note 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 Note to
the extent of the sum or sums so paid. The Note shall be
initially registered in the name of the Bank.
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11. Amendments, Changes and Modifications to Loan
Agreement Amendment, Assignment Amendment and this Note Resolu-
tion. Except pursuant to Section 9.03 of the Amended Loan
Agreement, the City shall not enter into or make any change,
modification, alteration or termination of the Loan Agreement
Amendment, Assignment Amendment or this Note Resolution.
12. Pledge to Holder. Pursuant to the Assignment, the
City shall pledge and assign to the Bank and its successor
Holders of the Note 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 Amended Loan
Agreement and moneys derived from enforcement of the Note Docu-
ments. All collections of moneys by the City in any proceeding
for enforcement of the obligations of the Partnership under the
Amended Loan Agreement shall be received, held and applied by the
City for the benefit of the Holder of the Note.
13. Covenants with Holders• Enforceability. All
provisions of the Note and of this Note Resolution and all
representations and undertakings by the City in the Amended Loan
Agreement are hereby declared to be covenants between the City
and the Bank and its successor Holders of the Note 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 other-
wise defined in this Note Resolution but defined in the Amended
Loan Agreement shall have the same meanings in this Note Resolu-
tion and shall be interpreted herein as provided therein.
Notices may be given as provided in Section 9.01 of the Amended
Loan Agreement. In case any provision of this Note Resolution is
for any reason illegal or invalid or inoperable, such illegality
or invalidity or inoperability shall not affect the remaining
provisions of this Note Resolution, 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 (the "Code ") and Reg. §1.103 -10(b)
(2)(vi) thereunder, permitting the issuance of tax exempt indus-
trial development bonds in amounts up to $10,000,000 under
certain conditions, shall apply to the Note, 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 Internal Revenue Service.
16. Certifications. The Mayor, City Manager, City
Clerk and other officers o -the City are authorized and directed
,to prepare and furnish to Faegre & Benson, note counsel, 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 Note, and such other affida-
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vits 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.
EXHIBIT 1
TO
NOTE RESOLUTION
(Form of Note)
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Industrial Development Permanent Revenue Note
(Commercial Partners /Maplewood Project)
No. R -1
$1,100,000
The City of Maplewood, a municipal corporation in the
County of Ramsey and State of Minnesota (the "City "), for value
received, hereby promises to pay, but solely from the source and
in the manner hereinafter provided, to the National City Bank of
Minneapolis (the "Bank ") or registered assigns the principal sum
of One Million One Hundred Thousand Dollars ($1,100,000), on
February 1, 1984, upon the presentation and surrender hereof, and
to pay to the owner hereof interest on the outstanding and unpaid
balance of such principal sum from the date hereof until said
principal sum is paid, at a rate which shall at all times be
equal to: (a) sixty -five percent (65.008) of the rate publicly
announced from time to time by National City Bank of Minneapolis
as its prime rate of interest per annum on ninety -day unsecured
loans to commercial borrowers of the highest credit rating, but
which shall at no time be less than seven and eighty- hundredths
percent (7.808) per annum nor greater than thirty -five percent
(35.00 %) pei annum, computed on the basis of the actual number of
days elapsed in a 360 day year plus (b)-add interest in the
amount of $48,000 payable on February 1, 1984 or at the time the
Note is refunded or prepaid. Interest on this Note described in
(a) above accruing during the preceding calendar month shall be
paid on April 1, 1983, and monthly thereafter on the first day of
each month to and including January 1, 1984, and on February 1,
1984 the unpaid principal of and interest on the Note described
in (a) and (b) above shall be paid. Principal and interest shall
be paid to the registered holder hereof in lawful money of the
United States at its address as it appears on the registration
,records maintained by the City Clerk.
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This Note is issued pursuant to the Minnesota Municipal
Industrial Development Act, Chapter 474, Minnesota Statutes, as
amended (the "Act "), and in conformity with the provisions,
restrictions and limitations thereof. This Note is not payable
from nor charged upon any funds other than amounts payable by the
Partnership, hereinafter mentioned, pursuant to the Loan Agree-
ment, hereinafter mentioned, which are pledged to the payment
hereof and in an Event of Default, moneys derived from the
foreclosure or other enforcement of the hereinafter mentioned
Mortgage, Guaranty Agreement or Lease Assignment. The City is
not subject to any liability hereon; no Holder of this Note shall
ever have the right to compel the exercise of the taxing power of
the City to pay this Note or the interest hereon, nor to enforce
payment hereof against any property of the City; and this Note
shall not constitute a charge, lien or encumbrance, legal or
equitable upon any property of the City; and this Note does not
constitute an indebtedness of the City within the meaning of any
constitutional or statutory limitation.
This Note is a special obligation in the principal
amount of $1,100,000, which has been authorized by law to be
issued and has been issued for the purpose of funding a loan to
repay at its maturity a temporary loan from the City to the
Commercial Partners /Maplewood, a Minnesota general partnership
(the "Partnership ") to finance costs of acquiring a site for and
constructing and equipping a commercial retail building in the
City to be owned by the Partnership and leased to various tenants
(the "Project ") and to provide permanent financing for the
Project. This Note is issued pursuant to a Loan and Purchase
Agreement by and among the City, the Partnership and the Bank,
dated as of February 1, 1981, as amended and supplemented by a
First Amendment to the Loan and Purchase Agreement dated as of
February 1, 1983 (together, the "Loan Agreement ") and a Note
Resolution of the City duly adopted February 19, 1981 and a Note
Resolution of the City adopted on January 24, 1983 (the "Note
Resolution "). Pursuant to an Assignment and Pledge Agreement
dated as of February 1, 1981, as amended and supplemented by a
First Amendment to the Assignment and Pledge Agreement dated as
of February 1, 1983, (together, the "Assignment ") the City has
assigned its interest in the Loan Agreement (except its rights
under Sections 5.02, 7.01, 8.04 and 8.05 thereof) to the Bank.
This Note is secured by the Loan Agreement, the Assignment, the
Note Resolution, a Combination Mortgage, Security Agreement and
Fixture Financing Statement by the Partnership to the said Bank
dated as of February 1, 1981, as amended and supplemented by a
First Amendment to the Combination Mortgage, Security Agreement
and Fixture Financing Statement dated as of February 1, 1983
(together, the "Mortgage "), an Assignment of Rents and Leases
dated as of February 1, 1981 by the Partnership to the Bank, as
amended and supplemented by a First Amendment to the Assignment
of Rents and Leases dated as of February 1, 1983 (together, the
. "Lease Assignment ") and a Guaranty Agreement dated as of
February 1, 1981 from Robert M. Larsen individually, Paul R.
Anderson and Susan Anderson, Alan W. Gustafson and Iris
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Gustafson (the "Guarantors ") to the Bank, as amended and
supplemented by a First Amendment to the Guaranty Agreement dated
as of February 1, 1983 (together, the "Guaranty Agreement ") to
which Loan Agreement, Assignment, Note Resolution, Mortgage,
Lease Assignment, Guaranty Agreement, and amendments thereof
reference is hereby made for a description and limitation of the
revenues and funds pledged and appropriated to the payment of the
Note, the nature and extent of the security thereby created, the
rights of the Holder of the Note, the rights, duties and immun-
ities of the Bank and the rights, immunities and obligations of
the City thereunder. Certified copies of the Note Resolution and
executed counterparts of the Loan Agreement, the Assignment,
Mortgage, Lease Assignment, and Guaranty Agreement are on file at
the office of the City Clerk.
The Note shall be subject to prepayment on any interest
payment date at the option of the City, at the request of the
Partnership, in whole or in part, upon prepayment to the Bank of
the principal amount of the Note to be prepaid plus accrued
interest thereon to the redemption date.
Notwithstanding anything herein to the contrary, if a
Determination of Taxability shall be made within ninety days of
the Closing (as defined in the Loan Agreement), the rate of
interest on this Note shall automatically increase to the greater
of fifteen percent (15.008) or a rate which shall at all times be
equal to two and fifty hundredths percent (2.508) above the rate
of interest publicly announced from time to time by the Bank as
its prime rate of interest on ninety -day unsecured loans to
commercial borrowers of the highest credit rating and, if the
Determination of Taxability shall be made subsequent to ninety
days after the Closing, the rate of interest on this Note shall
be the lesser of (i) fifteen percent (15.008) or (ii) a rate
which shall at all times be equal to two percent (2.008) above
the rate of interest publicly announced from time to time by the
Bank as its prime rate of interest on ninety -day unsecured loans
to commercial borrowers of the highest credit rating and this
Note shall be deemed to have borne interest at such fixed or
variable rate from the Date of Taxability; and the Partnership
shall upon written notice from the Holder of the Determination of
Taxability, pay to the Holder hereof as additional interest the
difference between the amount of interest actually paid from the
Date of Taxability (regardless of whether the Bank is the present
Holder or if the Note has been paid or redeemed) and thereafter
the Partnership shall pay such increased installments of interest
thereon at such rate for the remaining maturity of this Note.
The Partnership shall also pay the amounts of any interest,
penalties, additions to tax and additional amounts referred to in
Subchapter A of Chapter 68 of the Internal Revenue Code for which
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the Bank has become liable as a result of a Determination of
Taxability.
Notice of any such prepayment shall be given to the
owner or registered assigns of this Note by certified or
registered mail, addressed to him at his registered address, not
less than thirty (30) days prior to the date fixed for
prepayment, and shall be published, if required by law, in a
financial journal circulated in the English language in the
cities of Minneapolis or St. Paul, Minnesota, at least once, not
less than thirty (30) days before the date so fixed for
prepayment. At the date fixed for prepayment, funds shall be
paid to the owner hereof at the office of the Bank or shall be
deposited with the Bank, sufficient to pay the Note, or the
principal amount thereof to be prepaid and accrued interest
thereon. Upon the happening of the above conditions, the Note
thus called or the principal portions thereof prepaid shall not
bear interest after the date of prepayment.
This Note is transferable, as provided in the Note
Resolution, only upon the bond register of the City Clerk, as
bond registrar, by the owner hereof in person or by his duly
authorized attorney, as provided in the Note Resolution.
In case an Event of Default as defined in the Loan
Agreement occurs, this Note and the Loan Repayments thereafter to
become due under the Loan Agreement may become immediately due
and payable, in the manner and with the effect and subject to the
conditions provided in the Loan Agreement. The Holder of this
Note shall have the right to enforce the provisions of the Note
Resolution, Loan Agreement, Assignment, Lease Assignment, Guaran-
ty Agreement and Mortgage.
The terms and provisions of the Note Resolution, Loan
Agreement, Assignment, Lease Assignment, Guaranty Agreement and
Mortgage, or of any instrument supplemental thereto, may be
modified or altered pursuant to Section 9.03 of the Loan Agree-
ment and paragraph 11 of the Note Resolution.
It is hereby certified and recited and the City Council
has found: That the Project is an eligible "project" defined in
Section 474.02, Subd, la of the Act; that the issuance of this
Note and the acquisition and construction of the Project will
promote the public welfare and carry out the purposes of the Act;
that the Project has been approved by the Commissioner of Secur-
ities of the State of Minnesota as tending to further the pur-
poses and policies of the Act; that all acts, conditions and
things required to be done precedent to and in the issuance of
this Note have been properly done, have happened and have been
performed in regular and due time, form and manner as required by
- 12 - 1/24
law; and that this Note does not constitute a debt of the City
within the meaning of any constitutional or statutory limitation.
IN WITNESS WHEREOF, the City of Maplewood, by its City
Council, has caused this Note to be signed in its behalf by the
manual signatures of the Mayor and the City Clerk and sealed with
the corporate seal of the City, all as of the day of
, 1983.
CITY OF MAPLEWOOD
By
Mayor
And By
City Manager
(Form of Transfer)
For value received, the
assign and transfer the foregoing
the undersigned City Clerk of the
registrar hereby certifies that t
transferred and registered on the
such Assignee.
(Seal)
undersigned owner does hereby
Note to the named Assignee, and
City of Maplewood as note
.ie foregoing Note has been
Bond register in the name of
Name of Signature of Signature of
Assignee Owner Citv Clerk
EXHIBIT 2
TO NOTE RESOLUTION
Date of
Transfer on
Bond Register
(Form of First Amendment to Assignment and Pledge Agreement)
This First Amendment to the Assignment
Agreement dated as of February 1, 1981, between
MAPLEWOOD, Minnesota, a municipal corporation in
Ramsey and State of Minnesota (herein called the
NATIONAL CITY BANK OF MINNEAPOLIS (herein called
made as of the 1st day of February, 1983 between
Bank.
- 13 - 1/24
and Pledge
the CITY OF
the County of
"City ") and'the
the "Bank ") is
the City and the
Recitals
The City has executed and delivered to the Bank its single fully registered
Industrial Development Permanent Revenue Note (Commercial Partners /Maplewood Project)
in the principal amount of $1,100,000 dated the date of delivery, (the "Note ") issued
pursuant to a resolution adopted February 19, 1981 and a Note resolution adopted Jan-
uary 24, 1983 (the "Note Resolution ").
The proceeds of the Note have been
Maplewood, a Minnesota general partners
Purchase Agreement dated as of February
Partnership as amended and supplemented
chase Agreement dated as of February 1,
ship (together, the "Loan Agreement ").
or
lip
1,
by
19�
are to be loaned to Commercial Partners/
(the "Partnership ") pursuant to a Loan and
1981, among the City, the Bank and the
the First Amendment to the Loan and Pur-
33, among the City, the Bank and the Partner-
The Note is payable from and secured by the Loan Repayments to be made by the
Partnership under the Loan Agreement and the Bank, as a condition to the purchase
of the Note, has required the execution of this First Amendment.
ACCORDINGLY, the following terms defined by parenthetical phrase and quotation
marks in the recitals to this First Amendment shall have for the purposes of this
First Amendment and the Assignment and Pledge Agreement dated as of February 1, 1981
between the City and the Bank, as amended, the definitions thereby given:
Loan Agreement
Note
Note Resolution.
IN WITNESS WHEREOF, the City has executed this First Amendment as of the date
first above written, but actually on the day of , 1983.
(Seal)
CITY OF MAPLEWOOD
By /s/ John C. Greavu
Mayor
And By /s/ Barry Evans
ity 9anager
5. Hillwood - Dorland- Assessment Cancellation
Resolution No. 83 -1 -13
WHEREAS, pursuant to resolution 82 -3 -32 of the City Council of Maplewood, Minnesota,
adopted March 4, 1982, the special assessments for the construction of streets, sanitary
sewers, watermains, storm sewers and appurtenants under the Dorland Road -- Hillwood
Drive Improvement 78 -10, were levied against properties described as 57 01200 020 55
and 57 01200 100 57;
WHEREAS, the City of Maplewood had previously entered into a development agreement
with the owner of said property, under which the prorated project costs assigned to
the property are to be reimbursed to the City directly. Furthermore, the developer
furnished an irrevocable letter of credit in the amount of 150 percent of said costs
as 'payment surety.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
- 14 - 1/24
the assessments for City Improvement Project No. 78 -10, in the amount of $9,226.69
for parcel 57 01200 020 55 and $394,107.58 for parcel 57 01200 100 57 be, and the same
are hereby cancelled.
4. Transfers to Close Improvement Projects
Approved the following transfers:
7. Annual Report - Community Design Review Board
Accepted the Community Design Review Board's Annual Report.
8. Metro HRA - Rental Rehabilitation Program
Resolution No. 83 -1 -14
WHEREAS, the City of Maplewood desires to assist lower income families and in-
dividuals to obtain adequate housing in the City of Maplewood at an affordable price
and to accomplish the purpose of undertaking a program of providing technical assistance
and loans to property owners for the purpose of rehabilitating rental units for occu-
pancy by low and moderate income families and individuals; and
WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota
Statutes 473.123; and has been designated a housing and redevelopment authority pursuant
to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment
authority under the provisions of the Minnesota Housing and Redevelopment Authority
Act, Minnesota Statutes 462.411 to 462.711, and the acts amendatory thereto; and
WHEREAS, the City of Maplewood and the Metropolitan Council desire to encourage
the stabilization, revi'talizatiori', and rehabilitation of the rental property in the
City of Maplewood; and
WHEREAS, the City of Maplewood has determined that a program to encourage the
rehabilitation of rental units is consistent with the housing goals of the City and
consistent with the City's public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD that the Metropolitan
Council is hereby authorized to implement the Rental Rehabilitation Loan Program to
encourage the rehabilitation of affordable private rental units within the City of
- 15 - 1/24
From
To
$ 5,331.29
Project 73 -13
1982 Temp.
Imp.
Bonds
Sinking
Fund
2,765.94
Project 75 -6
1982 Temp.
Imp.
Bonds
Sinking
Fund
76,144.69
Project 79 -04
1980 Temp.
Imp.
Bonds
Sinking
Fund
2,947.45
Project 79 -04
Project 79 -15
1,021.04
Project 80 -14
1980 Temp.
Imp.
Bonds
Sinking
Fund
1,349.75
Project 80 -06
1980 Temp.
Imp.
Bonds
Sinking
Fund
3,097.39
General Fund
Project 81 -11
5. Budget
Transfer - Unemployment Compensation
Authorized
a budget transfer of $6,170 from Account
203 111 4360
to
Account
203 199
4060 to finance
unemployment compensation expenses.
6. Transfer
of Project 80 -15 Costs
Authorize a
transfer of $1,958.22 from Project 78 -10
to the General
Fund effective
12/31/82.
7. Annual Report - Community Design Review Board
Accepted the Community Design Review Board's Annual Report.
8. Metro HRA - Rental Rehabilitation Program
Resolution No. 83 -1 -14
WHEREAS, the City of Maplewood desires to assist lower income families and in-
dividuals to obtain adequate housing in the City of Maplewood at an affordable price
and to accomplish the purpose of undertaking a program of providing technical assistance
and loans to property owners for the purpose of rehabilitating rental units for occu-
pancy by low and moderate income families and individuals; and
WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota
Statutes 473.123; and has been designated a housing and redevelopment authority pursuant
to Minnesota Statutes 473.193, with the powers and duties of a housing and redevelopment
authority under the provisions of the Minnesota Housing and Redevelopment Authority
Act, Minnesota Statutes 462.411 to 462.711, and the acts amendatory thereto; and
WHEREAS, the City of Maplewood and the Metropolitan Council desire to encourage
the stabilization, revi'talizatiori', and rehabilitation of the rental property in the
City of Maplewood; and
WHEREAS, the City of Maplewood has determined that a program to encourage the
rehabilitation of rental units is consistent with the housing goals of the City and
consistent with the City's public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD that the Metropolitan
Council is hereby authorized to implement the Rental Rehabilitation Loan Program to
encourage the rehabilitation of affordable private rental units within the City of
- 15 - 1/24
Maplewood and that the city administrator is hereby authorized to enter into an agree-
ment with the Metropolitan Council for the operation of such program within the City.
9. Letter of Resignation - Bill Howard
Accept resignation of William Howard from the Planning Commission and adopted the
following Resolution No. 83 -1 -15
WHEREAS, William R. Howard has been a member of the Planning Commission of Maplewood,
Minnesota since at least 1969, and has served faithfully in that capacity to the present
time; and
WHEREAS, he has freely given of his time and energy, without compensation, for
the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently con-
tributed his leadership and effort in many ways for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood,
Minnesota, and the citizens of the City that William R. Howard is hereby extended
our heartfelt gratitude and appreciation for his dedicated service and we wish him
continued success in the future.
H. UNFINISHED BUSINESS
1. Health Resources Inc. - Presentation
a. Mr. Gerald McCarthy, Health Resources, Inc., appeared before the Council to
ask that a letter of support for the proposed hospital be forwarded to the Metro-
politan Health Planning Board.
b. Councilmember Anderson moved that a letter of support for the relocation of
St. John's Hospital to Maplewood be forwarded to the Metropolitan Health anning
Board.
Seconded by Councilmember Juker. Ayes - all.
F. PUBLIC HEARINGS
Rezoning - Minnehaha - Castle Design 7:15 P.M.
a. Acting Mayor Bastian convened the meeting for a public hearing regarding a
petitioned change in zoning classification filed by Castle Design and Development
Co., Inc. from R -1, Single Residence District, to R -3, Multiple Residence District,
for property located on Minnehaha Avenue west of Century Avenue. 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 Planning Commission recommendation.
d. Mr. Ken Gervais, Castle Design and Development Co., Inc., the applicant, spoke
on behalf of the proposal.
e. Acting Mayor Bastian called for proponents. None were heard.
f. Acting Mayor Bastian called for opponents. The following were heard:
- 16 - 1/24
Mr. Jerry Erickson, 2670 Minnehaha
Mr. John Moritz, 2708 Minnehaha
Mr. Karold Kringle, 2688 Minnehaha
g. Acting Mayor Bastian closed the public hearing.
h. Acting Mayor Bastian moved approval of the rezoning from R -1 to R -3 the prope
located on the south side c Inge a a venue across rpm t e ay i oa right
of way based on the Planning ommission recommen an on.
Seconded by Councilmember Maida. Ayes - Acting Mayor Bastian, Councilmembers
Juker and Maida.
Nays - Councilmember Anderson.
Motion defeated.
H. UNFINISHED BUSINESS (continued)
2. Code Amendment - Shoreland Ordinance - 2nd Reading (4 Votes)
a. Manager Evans presented the staff report.
b. Mr. John Stein, Department of Natural Resources, encouraged the Council to
take affirmative action.
c. Councilmember Anderson introduced the following ordinance and moved its adoption:
ORDINANCE NO. 534
AN ORDINANCE AMENDING THE CODE OF ORDINANCES TO INCLUDE
A SHORELAND OVERLAY DISTRICT
THE COUNCIL OF THE CITY OF MAPLE1400D DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 36 of the Code of Ordinances is amended to add Article IX
as follows:
ARTICLE IX. SHORELAND OVERLAY DISTRICT
Sec. 36 -561. Purpose and intent.
(a) It is the purpose of this ordinance to provide for the wise utilization
of shoreland areas, in order to protect water quality, the natural
characteristics and visual appeal of protected waters, the local tax
base, and the general health, safety and welfare of community residents.
(b) Enactment of this ordinance is to provide a mechanism to reduce the
negative effects of shoreland overcrowding, such as water pollution,
inadequate space on lots for drainage and sanitary facilities, flood
damages, and degradation of the aesthetic appeal and natural character-
istics of designated shoreland and adjacent water areas.
Sec. 36 -562. Establishment of a shoreland overlay district.
- 17 - 1/24
(a) A shoreland overlay district, with its attendant regulations, is
hereby established as part of the zoning ordinance. This district shall
overlay existing zoning districts, so that any parcel of land lying in
the overlay district shall also lay in one or more of the underlying
established zoning districts.
(b) Within the overlay district, all uses may be permitted in accordance
with regulations for the underlying zoning district(s), if the uses
meet the additional requirements established in this ordinance.
Sec. 36 -563. District boundaries.
This overlay ordinance shall apply to the shoreland districts which are
delineated on the official zoning maps. These maps shall be on file in the
office of the director of community development for inspection and copying.
Sec. 36 -564. Definitions.
Average lot area: The average of the lot areas within a single development
or phase. For a single lot, the minimum allowable area shall be no less
than the average lot area requirement.
Boathouse: A structure used solely for the storage of boats or boating
equipment.
Building of record: A structure which was in existence or for which
a building permit was issued prior to (effective date of this ordinance).
Lot of record: A lot recorded with the Ramsey County Register of Deeds
or Registrar of Titles prior to (effective date of this ordinance).
Multiple Dwelling: Any residential structure containing two or more living
units.
Nonpoint source (NPS) pollutant: A contaminant that enters water by washing
off the land or seeping into ground water, which alters the physical,
chemical, or biological properties of water or the discharge into water
of any substance that may create a nuisance or render such water detrimental
or injurious to public health, safety or welfare.
Nonpoint source (NPS) pollutant treatment: Storm water management practices
which will reduce nonpoint source pollution prior to reaching a protected
water.
Ordinary high water mark (OHWM): A mark delineating the highest water
level which has been maintained for a sufficient period of time to leave
evidence upon the landscape. The ordinary high water mark is commonly
that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial.
Planned Unit Development: A development planned as a unit which incorporates:
1. Residential and commercial land uses, or
- 18 - 1/24
2. Variation(s) from this shoreland overlay ordinance or underlying zoning
district requlations relating to, but not limited to, density, setbacks,
height limits and minimum lot area which are permitted by negotiated
agreement between the developer, the municipality, and the commissioner
of natural resources.
Protected waters: Formerly referred to as public waters, means any water
of the state as defined in Minnesota Statutes, Section 105.37, subdivision
14.
Regional flood: A flood which is representative of large floods known
to have occurred in Minnesota and that can be expected to occur on an
average frequency of once every 100 years.
Shoreline: Land abutting the ordinary high water mark.
Shoreland: Land located within the following distances from a protected
water:
1. 1,000 feet from the ordinary high water mark of a lake, pond or
flowage; and
2. 300 feet from a river or stream, or the landward extent of a flood
plain on such a river or stream, whichever is greater.
The practical limits of shorelands may be less than the statutory limits,
where such limits are designated by the natural drainage divides at a lesser
distance and approved by the Department of Natural Resources.
Structure:. Any building, except aerial or underground utility lines, such
as sewer, electric, telephone, telegraph or gas lines, including towers,
poles and other supporting appurtenances.
Urban run -off: Storm water that flows over land or through a man -made drainage
system, that usually contains litter, organic or bacterial wastes.
Sec. 36 -565. Shoreland classifications.
(a) Criteria for classification
(Percentages apply only to shoreland located in Maplewood)
(1) Class I waters are defined as those DNR designated General
Development waters in which at least 75% of the shoreland area is
planned for commercial or industrial use, as defined by the
Maplewood Land Use Plan.
(2) Class II waters are defined as those DNR designated General
Development waters not qualifying for Class I status
(3) Class III waters are defined as those DNR designated Recreation
Development waters having:
a. At least 60% of the shoreline in public ownership, or
b. At least 50% of the shoreland in public ownership, or
c. Less than 10% of the shoreland remaininq for development,
excluding public open space, as of (date this ordinance
becomes effective)
- 19 - 1/24
(4) Class IV waters are defined as those DNR designated Recreation
Development waters not qualifyinq for Class III status.
(5) Class V waters are defined as those DNR designated Natural
Environmental waters.
(b) Classification of protected waters
(1) Class I waters.
3M Pond
Tanner's Lake
(2) Class II waters.
- Battle Creek
Fish Creek
Gervais Lake
(3) Class III waters.
Casey Lake
Keller Lake
Lake Phalen
Silver Lake
Spoon Lake
Wakefield Lake
(4) Class IV waters.
Carver Lake
Kohlman Lake
Oehrline's Lake
(5) Class V waters.
Beaver Lake
Round Lake
Section 36 -566. District development standards.
(a) Class I waters.
With Without
(1) Commercial Development. Sanitary Sewer Sanitary Sewer
a. Minimum building setback from
the OHWM (feet) 50 50
b. Minimum on -site sewage system
setback from OHWM (feet) 50
c. Maximum Impervious surface
area M 50 50
with bonus ( %)* 70
- 20 - 1/24
(2) Multiple Dwelling.
a. Minimum building setback from
OHWM (feet)
b. Maximum impervious surface
area M
with bonus ( %)*
(b) Class II and III waters.
(1) Commercial Development.
a. Maximum building height (stories)
b. Minimum building setback from
the OHWM (feet)
c. Minimum water frontage (feet)
d. Minimum on -site sewage system
setback from the OHWM (feet)
e. Maximum impervious surface
area M
with bonus*
water frontage lots M
other lots (q)
(2) Single dwelling.
a. Minimum water frontage
b. Minimum building setback from
the OHWM (feet)
c. Minimum on -site sewage system
setback from the OHWM (feet)
d. Average lot area
water frontage lots (sq.ft.)
e. Maximum impervious surface
area M
with bonus*
water frontage lots m
other lots (q)
(3) Multiple dwelling.
a. Maximum building height (stories)
b, Minimum building setback from the
OHWM (feet)
c. Minimum water frontage per
development (feet)
- 21 -
40
60
4 4
50 75
75 100
50
40
40
50
75
60
50
75
100
50
75
50
15,000
20,000
30
40
50
4
75
85
1/24
d. Maximum impervious surface
area (q)
with bonus*
water frontage lots M
other lots M
e. Average lot area per unit
water frontage lots (sq.ft.)
(c) Class IV and V waters.
(1) Commercial development.
a. Maximum building height (stories)
b. Minimum building setback from
the OHWM (feet)
c. Minimum water frontage per
development (feet)
d. Minimum on -site sewage system
setback from the OHWM (feet)
e. Maximum impervious surface
area M
with bonus*
water frontage lots M
other lots
(2) Single dwelling.
a. Minimum water frontage and lot
width at building setback line (feet)
b. Minimum building setback from
the OHWM (feet)
c. Minimum on -site sewage system
setback from the OHWM (feet)
d. Average lot area
water frontage lots ( sq.ft.)
other lots (sq.ft.)
e. Maximum impervious surface
area M
with bonus*
Water frontage lots M
other lots M
40
50
60
10,000
3 3
75 100
75 150
75
30 30
40
50
75 150
75
100
75
20,000
40,000
15,000
40,000
30
30
40
50
- 22 - 1/24
(3) Multiple dwelling.
a.
Maximum building height (stories)
3
b.
Minimum building setback from
the OHWM (feet)
75
c.
Minimum water frontage per
development (feet)
85
d.
Maximum impervious surface
area M
40
with bonus*
water frontage lots N)
50
other lots M
60
e.
Average lot area per unit
water frontage lots (sq.ft.)
15,000
other lots ( sq.ft.)
5,000
* Refer to section 36 -566 (e) for requirements to qualify for an imper-
vious surface area bonus. Impervious surface area limits shall be deter-
mined using the total developable area of a parcel (above the ordinary high
water mark and suitable for development), exclusive of streets and
sidewalks.
(d) Roads and parking areas.
(1) Roads and parking areas shall be designed and located so as to
retard urban run -off.
(2) Where practical and feasible, all roads and parking areas shall
meet the structure setback standards from the ordinary high water
marker specified in section 36 -566 (a), (b) and (c). In no instance
shall these impervious surfaces be located less than fifty feet
from the ordinary high water. mark.
(3) Natural vegetation or other natural materials shall be used to screen
parking areas when viewed from the water.
(e) Impervious surface area bonus.
To qualify for an impervious surface area bonus, as permitted in section
36 -566 (a), (b) and (c), significant man -made facilities shall be provided
and maintained for the reduction of storm water flow or the treatment
of urban run -off for nonpoint source water pollutants.
The director of public works shall determine whether a proposed manage-
ment practice(s) is adequate to warrant a bonus using criteria adopted
by the city council and approved by DNR. The criteria will be subject
to revision from time to time taking into account the .,ost recent
technology. A bonus may range from one to twenty percent for nonwater
frontage lots and from one to ten percent for water frontage prbperties,
dependent upon the practice(s) proposed. The director of public works
shall forward "a copy of proposed bonuses to the DNR for review and
comment.
- 23 - 1/24
(f) Water quality management plan.
(1) All development within a shoreland area shall be subject to a water
quality management plan, which is to be approved prior to construct-
ion by the director of public works, except single and double
dwellings meeting the following criteria:
a. The parcel is not part of a plat created after (effective date
of this ordinance).
b. The parcel does not have frontage on a protected water.
(2) A water quality management plan shall include, but not be limited
to, a statement of the construction and effective maintenance of
nonpoint source pollutant treatment methods to be used to reduce
potential water pollution associated with:
a. Urban run -off
b. Soil erosion after construction is complete, and
c. Soil erosion during construction.
These methods shall be in addition to any significant man -made
facilities proposed for an impervious surface area bonus as
permitted by section 36 -566 (e).
(g) Elevation of the lowest floor.
Where no regulatory flood protection elevation has been established,
no structure, except boathouses, piers and docks, shall be placed at
an elevation such that the lowest floor, including basement, is less
than three feet above the highest known water level. In those
instances where sufficient data on known high water levels are not
available, the ordinary high water mark shall be used.
(h) Drainage.
All development within shoreland areas shall be consistent with the
intent of the Maplewood Drainage Plan, dated January 1974.
(i) Exemption from setback requirements.
Setback requirements from the ordinary high water mark shall not
apply to boathouse, piers and docks. Location of piers and docks
shall be controlled by applicable state and local regulations.
(j) Reduction in development standards.
Where a shoreland property is - -a) separated from all protected waters
by a principal or major arterial roadway, as defined by the Maplewood
Land Use Plan, b) the area does not drain directly to a protected water,
and c) the visual impact of the area from the lake surface is minimal,
all applicable development standards may be reduced in restrictiveness
by one protected waters classification. (i.e., Property subject to
Class III standards may be subject to Class II development standards.)
- 24 - 1/24
(k) Substandard lots and buildings.
(1) Lots of record, not meeting the minimum lot area requirements of
- this shoreland overlay ordinance, may be allowed as a building site,
provided all other dimensional requirements of this shoreland overlay
ordinance are complied with insofar as practical.
(2) A building of record, which is caused to be substandard due to the
enactment of this ordinance, may be expanded, provided that:
a. The use and expansion are allowed by the zoning ordinance.
b. Where practical and feasible, the improvements will not in-
crease the substandardness of the building relative to the
requirements of section 36 -566, except as permitted in section
36 -566 (d) (2) (c), or
c. The setback of the structure, if a water frontage lot, is the
average setback of adjacent residential structures from the
ordinary high water marker or fifty feet, whichever is greater.
(1) Boathouses.
Boathouses may be allowed up to the OHWM provided:
(1) They do not contain sanitary facilities.
(2) They are not used for human habitation.
(3) They are no larger than 160 square feet in area and one story
in height.
(4) They are designed to be aesthetically compatible with the
natural setting insofar as practical.
Section 36 -567. Shoreland alterations.
(a) Selective removal of natural vegetation shall be allowed, provided that
sufficient vegetative cover remains to screen cars, dwellings and other
structures when viewed from the water for aesthetic purposes.
(b) Grading and filling in shoreland areas may be authorized by a grading and
fill permit. Such permit may be granted by the director of public works,
subject to the approval of an eroision control plan. At a minimum, an
erosion control plan shall require that:
(1) The smallest amount of bare ground is exposed for a short a time
as feasible.
(2) Temporary ground cover, such as mulch, is used and permanent ground
cover, such as sod, is planted.
(3) Methods to prevent erosion and trap sediment are employed.
(4) Fill is stabilizedto accepted engineering standards.
- 25 - 1/24
(c) Excavation on shorelands where the intended purpose is connection to a pro -
tected water, shall require a permit from the director of public works before
construction is begun. Permits may be obtained only after the Commissioner
of Natural Resources has issued a permit for any work on the beds of pro-
tected waters,
(d) Any work which will change or diminish the course, current or cross section
of a protected water or wetland shall be approved by the Commissioner of
Natural Resources, and such approval shall be construed to mean the
issuance by the Commissioner of Natural Resources of a permit under the
procedures of Minnesota Statutes, Section 105.42 and other related statutes.
Section 36 -568. On -site sewage treatment systems.
(a) All on -site sewage treatment systems shall be designed and installed in
accordance with the Minnesota Pollution Control Agency Individual Sewage
Treatment Systems Standards (6 MCAR 4.8040).
(b) All existing sewage treatment systems inconsistent with the standards in
Section 36 -368 (a) shall be brought into conformance or discontinued within
five years from the date of enactment of this ordinance. Any noncon-
forming sanitary facility found to be a public nuisance shall be brought
into conformity or discontinued within thirty days after receiving written
notice from the Maplewood environmental health official.
Sec. 36 -569. Plan review.
(a) Subdivisions.
(1) All plats which are inconsistent with the provisions of this ordinance
shall be reviewed by the commissioner of natural resources. Such
review shall require that the proposed plats be received by the com-
missioner at least ten days before city council approval of a prelim-
inary plat.
(2) A copy of all plats within the shoreland overlay district shall be
submitted to the commissioner of natural resources within ten days
of final approval of the city council.
(b) Planned Unit Developments. (PUD)
Altered zoning standards may be allowed as exceptions to the zoning ordin-
ance for PUD's, provided that:
(1) Proposals must be approved by the Department of Natural Resources prior
to final approval by the municipality. The Department of Natural
Resources shall have thirty days from the date of written notificiation
from the city to reply, after which time said proposal shall be con-
sidered approved.
(2) Open space is preserved, that would not have been preserved without
the PUD.
- 26 - 1/24
(3) Where a density bonus is considered, the following factors are
evaluated to ensure the proposed density will be consistent with
the resource limitations of the protected water:
a. Physical and aesthetic impact of any increased density
b. Density of current development
c. Amount of public shoreland and shoreline
d. Levels and types of water surface use and public access
e. Possible effects on over -all public use of the protected water
(4) Any shoreline recreation facilities, such as beaches, docks and boat
launching facilities are centralized.
(5) The development is consistent with requirements for a PUD in the City
Zoning Code.
(6) An approved PUD shall not be modified unless approved in writing
by the Department of Natural Resources and the city council. The
Department of Natural Resources shall have thrity days from the date
of written notification from the city to reply, after which time,
said request shall be considered approved.
(c) Multiple family and commercial developments.
Nonsingle dwelling detached developments which would disturb at least one
acre of shoreland, shall be submitted to the Commissioner of Natural Re-
sources for review and comment at least ten days prior to Community Design
Review Board approval.
(d) Reduction of development standards.
Where standards would be reduced under section 36- 566(j), notification of
the request shall be submitted to the commissioner of natural resources at
least ten days prior to issuance of building permit or Community Design
Review Board approval, whichever would come first.
Sec. 36 -570. Variances and amendments.
(a) A copy of public hearing notices to consider variances and amendments to
the provisions of this ordinance shall be received by the commissioner of
natural resources at least ten days prior to such hearings.
(b) A copy of final decisions granting variances or ordinance amendments shall
be submitted to the commissioner of natural resources within ten days of
final action.
Section 2. This ordinance shall take effect and be in force after its pas-
sage and publication.
Seconded by Councilmember Maida.
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Ayes- all.
3. Code Amendment - Special Use Permits - 2nd Reading (4 Votes)
a. Manager Evans presented the staff report.
b. Councilmember Juker moved to delete the wording of political and insert govern-
mental units.
Seconded by Acting Mayor Bastian. Ayes - all.
c. Councilmember Anderson moved to strike seven years and insert 5 years in sub-
section e.
Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker and
Maida.
Nays - Acting Mayor Bastian.
d. Acting Mayor Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO. 535
AN ORDINANCE AMENDING ARTICLE V OF
CHAPTER 36 RELATING TO SPECIAL USE PERMITS
Section 1. Section 36 -6 of the Code of Ordinances is amended by adding the following
definition:
Section 36 -6. Definitions.
Conditional Use: A use requiring a special use or special exception permit.
Section 2. Chapter 36, Article V of the Code of Ordinances is amended as follows:
ARTICLE V. CONDITIONAL USE PERMITS
Section 36 -436. Purpose and definition.
Certain uses, while generally not suitable in a particular zoning district due
to nuisance characteristics or incompatibility with permitted uses, may under certain
circumstances be permitted. The purpose of this article is to provide the city with
discretionary power to determine the suitability of certain designated uses upon the
community. A conditional use is any use requiring a special use or special exception
permit.
Section 36 -437. Conditional Uses.
Conditional use permits may be issued by the city council in any zoning district
for any of the following:
(1) Any of the uses or purposes for which such permits are required by the pro-
visions of this chapter.
(2) Public utility, public service or public building uses in any district, when
found to be necessary for the public health, safety, convenience or welfare.
(3) Mineral extraction in any district.
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(4) To permit the location of any of the following uses in a district, from which
they are excluded: helioport library, community center, church, hospital,
any institution of any educational, philanthropic or charitable nature, cemetery,
crematory, mausoleum or any other place for the disposal of the human dead.
(5) An off - street parking lot as a principal use in a commercial or industrial
zoning district.
(6) The use of portions of an apartment building for commercial or business uses,
such as a dairy store, drugstore, beauty parlor, barbershop, doctor's, dentist's
or lawyer's office, and similar uses.
(7) A warehouse in an M -1 Light Manufacturing District.
(8) Planned unit developments (PUD).
Section 36 -438. Planned unit developments -- generally; definition, purpose and intent;
requirements; etc.
(a) A "Planned unit development" is a development having two (2) or more principal
uses or structures on a single parcel of land of at least five acres. A PUD may
include town houses, apartment projects involving more than one building, multiuse
structures, such as an apartment building with retail shops at groundfloor level,
and similar projects. A PUD may not be divided unless the density distribution
approved in the PUD is assured.
(b) It is the intention of this section and the other sections of this division
relating to planned unit developments to provide a means to allow flexibility by
substantial variances from the provisions of this chapter, including uses, setbacks,
height and other regulations. Variances may be granted for planned unit develop-
ments provided that:
(1) Certain regulations contained in this chapter do not realistically apply to
the proposed development because of the unique nature of the proposed develop-
ment.
(2) They would be consistent with the purposes of this chapter.
(3) The planned unit development would produce a development of equal or superior
quality to that which would result from strict adherence to the provisions
of this chapter.
(4) The variances would not constitute a threat of a substantive nature to the
property values, safety, health or general welfare of the owners or occupants
of adjacent or nearby land, nor be detrimental to the health, safety, morals
or general welfare of the people.
(5) The variances are required for reasonable and practicable physical development
and are not required solely on the basis of financial considerations.
(c) The development shall conform to the plan as filed with the city. Any sub-
stantive variations from the plan shall require recommendation by the planning
commission and approval by the city council after a public hearing.
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Section 36 -439. Outlots.
(a) No building permit shall be issued for construction upon any lot in the City
designated as an outlot upon any plat, except by conditional use permit.
(b) The city council shall not grant a conditional use permit for building upon
any outlot, unless said outlot meets the following conditions:
(1) It meets the minimum size and frontage requirements provided for in this chap-
ter.
(2) It is ready for development and has the requisite public improvements.
(3) The permitted density under this Code has not been transferred to another
parcel and is therefore, sufficient to accommodate the proposed construction.
(4) The outlot is not used for permanent common open space.
(5) The proposed construction can overcome or accommodate topographical.problems
and peculiar site characteristics. (Ord. No. 481, 9 1 (5 1005.030), 2- 21 -80).
Section 36 -442. 440. Application.
Application for conditional use permit shall be made to the director of community
development upon the form supplied by the City. Specific application requirements
shall be as stated on this form. The applicant shall also, at the time of filing such
application, pay a fee to the director of community development to defray administrative
expenses incurred by the city in the handling of the application, which fee shall be
established by the city council, by Ordinance from time to time.
The application for a conditional use permit shall include a site plan, showing
the kind of conditional use proposed, its location on the property, landscaping and
screening improvements, location of utility improvements, and ingress and egress from
public roads. The plan shall comply with all building and zoning regulations. The
applicant shall provide any other information required by the city.
The council may condition the granting of the permit upon adherence to the site
plan approved at the public hearing.
Section 26 -441. Procedure.
After an application has been submitted, the director of community development
shall prepare a report and recommendation and submit it to the planning commission
for a recommendation to the city council. The planning commission's recommendation
and staff report shall then be forwarded to the city council for a public hearing.
The city council shall hold at least one public hearing on each application for
a conditional use permit after a notice of the hearing has been published in the
official newspaper at least ten ('10) days before said hearing. The city council shall
also cause a notice to be mailed to each of the owners of property located within the
city within 350 feet of the boundary lines of the property upon which such use has
been requested, which notices are to be mailed to the last known address of such owners
at least ten days before the date of the hearing (Code 1965, S 911.030).
Section 36 -442. Granting; vote of council; conditions; automatic periodic review;
new conditions upon review.
- 30 - 1/24
(a) The city council may grant a conditional use permit by a majority vote.
(b) Approval of a conditional use permit shall be based upon the following find-
ings:
(1) The use is in conformity with the City's Comprehensive Plan and with
the purpose and standards of this chapter.
(2) The establishment or maintenance of the use shall not be detrimental
to the public health, safety or general welfare.
(3) The use shall be located, designed, maintained and operated to be com-
patible with the character of that zoning district.
(4) The use shall not depreciate property values.
(5) The use shall not be hazardous, detrimental or disturbing to present
and potential surrounding land uses, due to noises, glare, smoke, dust,
odor, fumes, water pollution, water run -off, vibration, general un-
sightliness, electrical interference or other nuisances.
(6) The use shall generate only minimal vehicular traffic on local streets
and shall not create traffic congestion, unsafe access or parking needs
that will cause undue burden to the area properties.
(7) The use shall be served by essential public services, such as streets,
police, fire protection, utilities, schools and parks.
(8) The use shall not create excessive additional requirements at public
cost for public facilities and services; and shall not be detrimental
to the welfare of the City.
(9) The use shall preserve and incorporate the site's natural and scenic
features into the development design.
(10) The use shall cause minimal adverse environmental effects.
(11) The City Council may waive any of the above requirements for a public
building or utility structure, provided the council shall first make
a determination that the balancing of public interest between govern-
mental units of the state would be best served by such waiver.
(c) The city council,in granting a conditional use permit, may attach to the
permit such conditions and guarantees as may be necessary for the protection of
the public health, safety and welfare. The initial conditions may include a pro-
vision specfying a termination date for the permit.
(d) The proposed construction must be substantially started or the proposed use
utilized within one,year of council approval or the permit shall become null and
void. The council may grant one six -month extension of the permit if just cause
is shown. This requirement shall not apply to PUDs with an approved phasing plan.
Such extension shall be requested in writing and filed with the director of com-
munity development at least thirty days before the expiration of the original con-
ditional use permit. There shall be no charge for filing such petition. The re-
quest for extension shall state facts showing a good faith attempt to complete
or utilize the use permitted in the conditional use permit. The petition shall
be presented to the planning commission for a recommendation and to the city council
for a decision.
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(e) All conditional use permits shall be reviewed by the council within one year
of the date of initial approval. At that review the council may specify an indef-
inite term or specific term, not to exceed five (5) years, for subsequent reviews.
The council may impose new or additional conditions upon the permit at the time
of the initial or subsequent reviews. A conditional use permit shall remain in
effect as long as the conditions agreed upon are observed, but nothing in this
section shall prevent the city from enacting or amending official controls to change
the status of conditional uses. Any conditional use that meets the agreed upon
conditions and is later disallowed because of the city enacting or amending official
controls shall be considered a legal nonconforming use.
(f) The council may, upon review, terminate the permit if the approved conditions
may have been violated or the use is no longer in effect. Where the construction
of a special building or structure of a monetary value in excess of $25,000 has
been permitted the council shall provide for a period of amortization of not less
than five years. Where public health, safety and welfare concerns are threatened
the five year amortization period is not required and the council may determine
the amortization period, if any, to be allowed.
(g) In the event the council in its review process decides to consider imposing
additional conditions or termination of a conditional use permit, the city council
shall hold at least one public hearing on that permit after a notice of the hearing
has been published in the official newspaper at least ten (10) days before said
hearing. The council shall also cause a notice to be mailed to each of the owners
of property within 350 feet of the boundary lines of the property; upon which such
use has been established, which notices are to be mailed to the last known address
of such owners at least ten days before the date of the hearing. (Code 1965, b
§ 911.040. 050, 911.050; Ord. No. 417, § 1, 5- 12 -77).
(h) Whenever an application for a conditional use permit has been considered and
denied by the city council, a similar application affecting substantially the same
property shall not be considered again by the city for at least one year from the
date of its denial, unless the council directs such reconsideration by at least
four votes.
(i) All conditional uses shall comply with the requirements of Section 36 -6 and
any other applicable ordinance of the city. In order to determine whether a pro-
posed use will conform to the requirements of this section, the council may obtain
a qualified consultant to testify. The applicant shall be liable for the cost
of the consultant's services.
Section 36 -443. Conditional uses to conform to terms and conditions attached to grant-
ing of permit.
Any use permitted under the terms of any conditional use permit shall be established
and conducted in conformity with the terms of the permit and of any conditions des-
ignated in connection therewith.
Any change involving structural alteration, enlargement, intensification of use,
or similar change not specifically permitted by the conditional use permit issued shall
require an amended permit and all procedures shall apply as if a new permit were being
issued. All uses existing at the time of adoption of this ordinance and by virtue
thereof granted a conditional.use permit shall be considered as having a conditional
use permit which contains conditions which permit the land use and structures as they
existed on said date and any enlargement, structural alteration, or intensification
of use shall require an amended conditional use permit as provided for above.
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Section 36 -444. Records.
The director of community development shall maintain a record of all conditional
use permits issued, including information on the use, location, conditions imposed
by the council, time limits, review dates and other information as may be appropri-
ate.
Section 26 -445. Filing of permit.
A certified copy of any conditional use permit shall be filed with the county
recorder or registrar of titles. The conditional use permit shall include the
legal description of the property included.
Section 26 -446 - 36 -460. Reserved.
Section 3. This ordinance shall take effect after its adoption and publication.
Seconded by Councilmember Anderson. Ayes - all.
I. NEW BUSINESS
1. Lower Afton Road - Bicycle
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the followinq resolution and moved its adoption:
83 - 1 - 16
BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, CITY COUNCIL the construct-
ion plans and specifications for Lower Afton Road Bikeway and Bituminous Overlay,
S.A.P. No. 62- 639 -04 are approved.
Seconded by Councilmember Maida. Ayes - all.
2. Proposed Legislation Regarding Taxes Withheld by 3M Co.
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption:
83 - 1 - 17
WHEREAS, the corporate headquarters of the 3M Company accounts for approxi-
mately 34% of the total assessed valuation for the City of Maplewood; and
WHEREAS, the real estate tax appeal by the 3M Company has resulted in over
$720,000 of lost property tax revenues for the City of Maplewood; and
WHEREAS, the City of Maplewood has levied 100% of its authorized property
taxes under the levy limit law; and
WHEREAS, the City of Maplewood is prohibited from making any special tax
levies over the levy limit to compensate for property tares being withheld by the
3M Company until the real estate tax appeal is settled in court; and
- 33 - 1/24
WHEREAS, a large special tax levy for several years of abatements would have
an adverse impact on property taxpayers;
NOW, THEREFORE, BE IT RESOLVED, that the Legislature is hereby requested to
amend the statutes as outlined in the attached Exhibit A;
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to all Legis-
lators representing portions of Maplewood.
Seconded by Councilmember Maida.
3. Ramsey County Court Consolidation
Ayes - all.
a. Acting Mayor Bastian reported on the RCLLG Meeting pertaining to consolidation
of Suburban Courts.
b. Councilmember Maida introduced the following resolution and moved its adoption:
83 - 1 - 18
WHEREAS, the Ramsey County League of Local Governments established a study
committee to review the Ramsey County Court Consolidation Study;
WHEREAS, the study committee has issued a report on the Court Consolidation
Study;
WHEREAS, the City Council of the City of Maplewood desires to comment on the
issue;
THEREFORE, BE IT RESOLVED that the position of the City Council of the City
of Maplewood is:
1) There should be a comprehensive cost - benefit analysis of the impact of
consolidation on the county and municipalities.
2) There should be an assessment of the impact of consolidation on users.
3) There should be an assessment of capital costs and operational economics
of three and one court options.
4) There should be a strong role for municipalities in the final decision
making process.
BE IT FURTHER RESOLVED that until the aforementioned analysis is completed,
the City Council of the City of Maplewood opposes a reduction in the present five
court system;
BE IT FURTHER RESOLVED that the City Council of the City of Maplewood opposes
any changes in existing law which would remove municipal approval for changes in
court location.
BE IT FURTHER RESOLVED that a copy of this resolution shall be transmitted
to the Board of County Commissioners, the Ramsey County Municipal Court Adminis-
tration and Ramsey County Municipalities.
Seconded by Councilmember Anderson. Ayes - all.
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J. VISITOR PRESENTATIONS
0
1. Mr. Robert Cardinal, 1875 Arcade
a. Mr. Cardinal stated his neighbors dog was impounded by MAPSI for running at
large and did not have a dog license. MAPSI kept the dog for the five days and
then it was put to sleep. Mr. Cardinal questioned if council was aware of this
procedure.
b. Council stated that was the procedure for dogs that are impounded and not
claimed.
c. Council requested an article be placed in Maplewood in Motion emphazing
MAPSI's procedure and that licensing of dogs is important.
COUNCIL PRESENTATION
1. Volunteerism
a. Councilmember Maida reported on the seminar regarding volunteerism that she
attended. She invited other councilmembers to attend a meeting pertaining to volun-
teerism in Maplewood on February 3, 1983 at 7:30 P.M. in the Council Chambers.
The meeting will be a training session and will determine resources and a needs
assessment.
2. Wage and Hiring Freeze
a. Councilmember Anderson questioned when the freeze on hiring will end.
b. Council was informed the hiring freeze was place on the entire year of 1983.
c. No action taken.
3. Nepotism
a. Councilmember Anderson questioned nepotism in city government.
b. No action taken.
4. Sewer Bills
a. Councilmember Anderson commented on the change of format for the sewer billing
and requested staff to investigate the possibilities of providing return envelopes.
Councilmember Anderson moved to waive the Rules of Procedures and add item K -5 Rezoni
moratorium to the Aqen a.
Seconded by Councilmember Juker.,
5. Rezoning Moratorium
Ayes - all.
a. Councilmember Anderson moved to refer to the Planning Commission the
to declare a one year moratorium on any rezoning frOM - to R- an re
Seconded by Councilmember Juker. Ayes - all.
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ADMINISTRATIVE PRESENTATIONS
None.
M, ADJOURNMENT
9:19 P.M.
City Clerk
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