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:
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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
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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;
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(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
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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
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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.
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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:
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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.
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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.
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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
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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;
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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.
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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.
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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
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Q