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HomeMy WebLinkAbout08.08.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 8, 1983 Council Chambers, Municipal Building Meeting No. 83 -19 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 7:03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent 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. Budget 2. Assessment 3. Frost Avenue 4. fleeting with Water Department 5. Condemnation 6. Overlay- Sealing Coat 7. Storm Sewers 8. Maple Hills Golf Center Property Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember ANderson moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent Agenda, Items 1 through 3, as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check Register dated July 26, 1983 through July 29, 1983 - -$285,408.95: Part II - Payroll Check dated July 29, 1983 - $82,807.03) in the amount of $368,215.98. 2. Conditional Use Permit Renewal - Circus Resolution No. 83 -8 -132 WHEREAS, Advance - Carter Company initiated a conditonal use permit for the Circus, an amusement facility at the following- described property: - 1 - 8/8 Lot 4, Block 1, Maplewood Mall Addition This property is also known as 3001 White Bear Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Advance - Carter Company, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was initiated by the Maplewood City Council on Nov- ember 5, 1981, subject to the following conditions: a. Any exterior signage shall be approved by the Community Design Review Board. b. The applicant shall provide written approval from Homart Development. c. All required licenses for operation shall be obtained from the City. d. This permit may be renewed after one year of operation provided there have been no problems caused by the facility. e. The bumper cars must be equipped with safety devices to guard users from possible injury. f. Adequate policing must be provided to assure order, as determined by the Public Safety Department. g. Bike racks and exterior lighting to be installed as required by the Public Safety Department. h. Applicant should be aware of and enforce Maplewood curfew regulations. i. The owner and applicant shall agree to the above conditions in writing. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above -des- cribed conditional use permit renewal be approved.on the basis that the Circus has been a very orderly facility during its first year of operation. Approval if subject to the following conditions: 1. This permit may be renewed after five years of operation provided there have been no problems caused by the facility. 2. Adequate policing must be continued to assure order, as determined by the Director of Public Safety. 3. Curfew regulations shall continue to be enforced. Resolution No. 83 -8 -133 1 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA - 2 - 8/8 AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically'sound industry and commerce aye the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Maplewood (the "City ") has received from Maplewood Professional Asociates, a general partnership organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Company is currently engaged in the business of development of multi - purpose real estate to be used as office space for professionals. The Project to be financed by the Revenue Bonds is a 15,774 square foot multi- purpose office building to be located at th€ Southeast corner of the intersection of Beam Avenue and Hazelwood Avenue in Maplewood, Minnesota, to be owned and utilized by the partners as a professional office building and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein to be initially owned and operated by the Company, and will result in the employment of additional persons to work within the new facilities; - a.- 8/8 (f) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on 1983, a public hearing on the Project was held on 1983, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak, were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acqui- sition, construction and equipping of a 15,774 square foot multi - purpose professional office building within the City pursuant to Company's specifications suitable for the operations described above to be initially owned and operated by the Company and pursuant to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest. on the Revenue Bonds in the maximum aggregate principal amount of $1,660,000 to be issued pursuant to the Act to finance the acquisition, construction.and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the - 4 - 8/8 effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Commissioner of Energy.and Economic Development or such other state office having authority to grant approval (the "Commissioner "), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require; 5. Company has agreed and it is hereby determined that any and all costs inpurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and Juran & Moody, Inc. are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The .Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the nterest thereon, or to enforce payment thereof against any - 5 - 8/8 property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner the issuance of the Rev- enue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company con- siders necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but other- wise without liability on the part of the City. F. PUBLIC HEARINGS 1. P.U.D. Amendment: 2696 Hazelwood H.R.I. 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Health Resources, Inc. for a Planned Unit Development amendment to amend the site plan for the Hazel Ridge PUD to eliminate the tunnel between the proposed cooperative residence and the existing community service center. 'Also, to.amend a condition:of the PUD to clarify the authority of the Director of Community Services pertaining to future development of Parcel A. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Barrett moved the Planning Commission recommend to the City Council approval of the resolution amending the Hazel Ridge planned unit development as follows: 1. Eliminate the proposed tunnel between the planned seniors' cooperative residence and the existing community services center. 2. Revise condition #3 to read as follows: "Development of Parcel A shall require an amendment to the planned unit development. The Director of Community Services shall be notified of any proposed development of this parcel prior to scheduling use of the softball /tee -ball facilities for an upcoming season. If the redevelop- ment of Parcel A is to include recreational facilities, the Community Services Director shall be involved in the development process, to represent the City's and the neighborhood's interests and negotiate on their behalf. The Director of Community Services shall approve the location of l:he proposed foot trails. Commissioner Robens seconded. Ayes - Commissioners Barrett, Fischer, Prew, Robens, Sletten, Whitcomb. Abstain - Commissioners Hejny and Pellish." d. Mr. Fred Hoisington, consultant to H.R.A., explained the proposal. e Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. - 6 - 8/8 g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -8- 134 WHEREAS, an amendment to the conditional use permit for the Hazel Ridge planned unit development has been initiated by Health Resources, Inc. for the following- described property: the North 800 feet of the South 1310 feet of the West 578 feet of the SW1 /4 of the SE 1/4 of Section 3, Township 29, Range 22 Such above property being also known and numbered as 2696 Hazelwood Avenue, Maplewood, Minnesota: WHEREAS, the procedural history of this conditional use permit amendment request is as foloows: 1. Said conditional use permit was conditionally granted by the Maplewood City Council on April 11, 1983; 2. That an amendment to said planned unit development has been initiated by Health Resources, Inc. pursuant to Section 36 -438 (c) of the Maplewood City Code; 3. That said conditional use permit amendment request was referred to and reviewed by the Maplewood Planning Commission on the 18th day of July, 1983, at which time said Planning Commission recommended to the City Council that said amend- ment be approved. 4. That said conditional use permit amendment request was referred to and reviewed by the Maplewood Housing and Redevelopment Authority on the 14th day of June, 1983, at which time the said Housing and Redevelopment Authority recommended to the City Council that said amendment be approved; 5. That the Maplewood City Council held a public hearing to consider the amendment request, notice thereof having been published and mailed pursuant to law; and 6. That all persons present at said hearing were given an opportunity to be heard or present written statements, and the Council considered reports and recommendations of the City Staff, Planning Commission and Housing and Redevel- opment Authority. WHEREAS, the requested amendment to the Hazel Ridge planned unit development consists of: 1. Elimination of the tunnel that had been proposed on the site plan between the planned 75 unit seniors' cooperative residence and the existing community services center. 2. Amendment of condition "3" to clarify the authority of the Director of Commun- ity Services regarding the recreational usage of Parcel A. NOW, THEREFORE BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that: - 7 - 8/8 1. The tunnel proposed between the seniors' cooperative and community services structures may be removed from the planned unit development site plan on the basis that: a. There are not essential services located in the community service building that are normally found in similar senior residences. b. There are no ordinance provisions that require the physical connection between the existing and proposed structure. c. The applicant's market studies show that the tunnel would be an impediment to the marketing of the units. d. The amenities previously proposed for access by way of the tunnel will be incorporated in the proposed seniors' cooperative structure. 2. Condition "3" of the 4 -11 -83 approval is hereby revised to read as follows: c. Development of Parcel A shall require an amendment to the planned develop- ment. The Director of Community Services shall be notified of any proposed development of this parcel prior to scheduling use of the softball /tee- ball facilities for an upcoming season. If the redevelopment of Parcel A is to include recreational uses, the Maplewood Community Services Director shall be involved in the development process, to represent the city's and the neighborhood's interests and to negotiate on their behalf. The Director of Community Services shall approve the location of the proposed foot trails. Approval is on the basis that the original permit language could have been interpreted to mean that Parcel A must be used only for recreational purposes. This was not the intent of the City Council. Seconded by Councilmember Juker. Ayes - all. H. UNFINISHED BUSINESS 1. Holloway Avenue: Beebe Road - McKnight Road a. Manager Evans presented the staff report. b. Councilmember Anderson moved that at this time a hearing date not be established for Holloway Avenue from Beebe Road to McKnight Road. Seconded by Councilmember Juker. Ayes - all. 2. Rock Ordinance - Second Reading a. City Attorney Patrick Kelly presented the ordinance establishing guidelines for assemblies. b. Councilmember Anderson moved to table this of August 22, 1983. Seconded by Councilmember Juker. F. PUBLIC HEARINGS (continued) sed ordinance until the meetin Ayes - all. - 8 - 8/8 2. "Park" Vacation: Tilsen's 9th Addition 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to vacate the portion of the park property in Robert Tilsen's Maplewood Heights No. 9 lying east of Lakewood Drive. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Fischer moved the Planning Commission recommend that the City Council approve the resolution, with the amendment that this vacated property could be combined with the properties either to the south (Tilsens #9) or to the north (proposed Tilsen's #11), vacating the park property in Robert Tilsen's Maplewood Heights #9, lying east of Lakewood Drive, subject to granting of a public drainage easement for the pond designated in Robert Tilsen's Maplewood Heights #11 pre- liminary plat, which encroaches upon this park property. Commissioner Hejny seconded Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 83 -8- 135 WHEREAS, Tilsen Homes, Inc. initiated proceedings to vacate the public interest in the following described real property: That part of the "park" in Robert Tilsen's Maplewood Heights #9, lying east of Lakewood Drive WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Tilsen Homes, Inc. on July 8, 1983;' 2. This vacation was reviewed by the Planning Commission on July 18, 1983. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on August 8, 1983 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recom- mendations of the city staff and Planning Commission. WHEREAS, upon vacation of the public interest in said park, the property will accrue to the following described abutting properties: Lots one through thirteen and lot fifteen, block six, Robert Tilsen's Maplewood Hieghts #9 or the unplatted property abutting to the north. - 9 - 8/8 N0W, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above - described vacation and declare the subject property as surplus, on the basis of the following findings of fact: 1. The property is of a configuration that precludes its use as a park. 2. It is an unnecessary maintenance burden. 3. The donation of this property should not have been accepted by the city when the land was originally platted. 4. The Park Plan contains no proposals to utilize this property. 5. The property has never been used as a park, has not been improved and has been left vacant. This vacation is subject to granting of a public drainage easement for the pond designated in Robert Tilsen's Maplewood Heights #11 preliminary plat which en- croaches upon this "park" property. Seconded by Councilmember Maida. Ayes - all. 3. Industrial Revenue Bond: Super Valu 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Super Valu Stores, Inc. for approval of a $6,200,000 Industrial Revenue Note to construct a Cub Food Store at the southeast corner of County Road B and Rice Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Mr. Don Pollard, Cub Foods, spoke on behalf of the proposal. d. Ms. Carol Lenhart, Manager of Financial Services and Mr. Richard Johnson, Piper, Jaffrey and Hopwood, explained the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -8- 136 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF - 10 - 8/8 NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating, the active promotion and development of econom- ically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Maplewood (the "City ") has received from Super Valu Stores, Inc., a corporation organized under the laws of the State of Delaware (the "Company ") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pur- suant to the Act; (d) The City desires to facilitate retain and improve the tax base and help employment opportunities required by the the City in achieving those objectives. valuation of the City and help maintain valuation and debt and enhance the image the selective development of the community, to provide the range of services and population; and the Project will assist The Project will help to increase assessed positive relationship between assessed and reputation of the community; (e) The Company is currently engaged in the business of food wholesaling, the operation of grocery stores and other retail operations. The Project to be financed by the Revenue Bonds is a 77,000 sq. foot Cub supermarket and the construction of 619 on -site parking spaces to be located at the southwest corner of County Road B and Rice Street in Maplewood, Minnesota and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the employment of additional persons to work within the new facilities; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibil- ity of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its result- ing low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on July 11, 1983, a public hearing on the Project was held on August 8, 1983, after notice was published, and materials made available for public inspection at the Cty hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act ( Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agree- ment between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the total principal amount of approximately $6,200,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby under- takes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial induce- ment to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas withlinuthe(State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Energy, Planning and Devel- opment (the "Commissioner "), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project; 4. In accordance with Subdivision 7a of the Section 474.01 Minnesota Statutes, the Mayor of the City :is hereby authorized and directed to submit the proposal for the Project to,the Commissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; - 12 - 8/8 6. Briggs and Morgan, Professional Association, acting as bond counsel is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional . or statutory limitation; 8. In anticipation of the approval by the Commissioner the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City. Seconded by Councilmember Juker. Ayes - all. H. UNFINISHED BUSINESS 3. Dog Ordinance - Private Owner - First Reading a. Manager Evans presented the staff report. b. Councilmember Juker moved first reading of an ordinance outlining the obligation. and responsibility of dog owners. Seconded by Mayor Greavu. Ayes - all. 4. Dog Ordinance - Kennel - First Reading a. Manager Evans presented the staff report. b. Councilmember Juker moved first reading of an ordinance protecti property from disturbances caused by dog kennejs. Seconded by Mayor Greavu. Ayes - all. 5.' Battle Creek Park a. Manager Evans presented the staff report. - 13 - u/8 residential b. Mr. Larry Holmgren, Ramsey County, explained the proposal. c. The following area residents expressed their views: Mr. Gary Sherburne, 137 Crestview Drive Mr. Joseph Boland, 131 Crestview Drive d. Councilmember Juker moved to table this item and refer to staff to investigate the possibility of a reciprocal agreement with e County for po ice, ire an paramedic services, s reet maintenance, etc. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Off -Sale Liquor Sales a. Manager Evans presented the staff report. b. Mayor Greavu moved first reading of an ordinance allowing off -sale liquor stores to remain open until P.M. on Firday evenings. Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATIONS None. COUNCIL PRESENTATIONS 1. Budget a. Councilmember Juker requested to have copies of the budget as proposed by staff. 2. Assessments a. Councilmember Juker asked questions regarding the way assessments are figured. She stated she has received calls regarding inconsistencies. b. Staff will investigate. 3. Frost Avenue a. Councilmember Anderson questioned how the Frost Avenue assessments were calculated. b. Staff answered his questions. 4. Meeting with St. Paul Water Department a. Councilmember Anderson commented on the possibility of having a City owned water system. 5. Condemnation Notice a. Councilmember Anderson commented on the condemnation notice for County Ditch 7. b. Staff stated this is for piping easements. - 14 - 8/8 L. 6. Overlay - Sealing Coat a. Councilmember Anderson questioned when the overlay and sealing coating is going to begin. b. Staff stated Wednesday the seal coating will start and one week from Thursday the overlay will begin. 7. Storm Sewer a. Councilmember Anderson questioned the possibility of establishing a standard storm sewer rate. b. Staff will investigate. ADMINISTRATIVE PRESENTATIONS 1. Somerset Ridge a. Manager Evans stated there was a portion of land for Somerset Ridge Development that was not rezoned (formerly the Maple Hills Golf Center). b. Mayor Greavu moved to set a hearing date of September 26 a portion of the omerse i ge Development. Seconded by Councilmember Juker. Ayes - all. ADJOURNMENT 8:57 P.M. 1983 to rezone - 15 - 8/8 Q