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HomeMy WebLinkAbout12.12.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 12, 1983 Council Chambers, Municipal Building - Meeting No. 83 -32 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present =,e t1, 1. State Fire Chiefs' Poster Contest a. Fire Marshal Al Schadt introduced representatives from the East County Line, Gladstone, and Parkside Fire Districts who presented awards to the winners of the 1983 Minnesota State Fire Chiefs' Poster Contest as follows: East County Line Fire District 1st Place Mike Paipal 2nd Place Brian Binstock 3rd Place Jeff Baglio Gladstone Fire District School 1st Place Monica Fisher 2nd Place Kim Willy 3rd Place Kim Forsythe Parkside Fire District 1st Place Tom Downs 2nd Place Leonard Schreier 3rd Place Tracy Olson Age 10 Transfiguration School Age 10 Transfiguration School Age 11 Transfiguration School Age 10 Presentation School Age 10 Presentation School Age 10 Weaver School Age 9 St. Jerome's School Age 9 St. Jerome's School Age 10 St. Jerome's School First place winners receive a $25 check from their District Fire Department and a Tonka Toy aerial fire truck donated by Tonka Toy Corporation, Minneapolis. Second place winners receive a $15 check from their District Fire Department. Third place winners receive a $5 check from their District Fire Department. Posters were judged and evaluated by fire personnel. 12/12 M C. APPROVAL OF MINUTES 1. Minutes No. 83 -26 (October 10, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -26 Seconded by Councilmember Juker. Ayes - all. 2. Minutes No. 83 -28 (November 10, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -28 (November 10, 1983) as submitted. Seconded by Councilmember Maida. Ayes - all. 3. Minutes No. 83 -29 (November 14, 1983) Councilmember Bastian moved to approve the Minutes of Meeting No. 83 -29 Page 9, Item F -2f - 2 - 12/12 Ayes - Mayor Greavu, Councilmembers Bastian and Maida. Nays - Councilmembers Anderson and Juker Seconded by Councilmember Maida. Ayes - all. 4. Minutes No. 83 -31 (December 1, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -31 (December 1, 1983) as submitted. Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Frost and White Bear Avenue 2. 3M Co. 3. Water Tower 4. Public Safety Meeting 5. Study Group 6. Chamber Meeting 7. Patrolmen Salaries 8. Boards and Commission Seconded by Councilmember Bastian. Ayes - all. -. CONSENT AGENDA Councilmember Anderson moved to remove Items E -2 and E -3 from the Consent Agenda to a later date. - 2 - 12/12 Seconded by Councilmember Bastian. Ayes - all. Mayor Greavu moved, seconded by Councilmember Maida, Ayes - all., to Consent Aqenda Items 1, and 4 throuqh 11 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check Register dated 12 -01 -83 and 12 -02 -83 - $312,626.19. 4. Transfer to close Improvement Projects Approved the following transfers from the sinking fund for the 1980 Temporary Improvement Bonds: a. $700 to Project 79 -04 English Street South of County Road C b. $925 to Project 79 -15, Southlawn Avenue: c. $12,490 to Project 81 -06, 1981 Diseased Tree Program 5. Payment on North St. Paul Well No. 5 Debt Authorized the payment of $40,000 from the W.A.C. Fund to the City of North St. Paul for Well No. 5. 6. Establishment of a Capital Improvement Fund Mayor Greavu moved: Resolution 83 -12 -197 -A WHEREAS, the "pay -as- you -go" method of financing capital improvement projects saves bond interest costs, protects borrowing capacity, fosters favorable bond ratings, and avoids the inconvenience and costs associated with the marketing of bond issues; and WHEREAS, the City's budgets for 1983 and 1984 include appropriations for a Capital Improvement Projects Fund, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that a Capital Improvement Projects Fund is hereby established to finance major capital outlay expenditures that individually cost in excess of $100,000 and that cannot be easily financed by alternative sources; and BE IT FURTHER RESOLVED that the Finance Director is authorized to transfer from the General Fund to the Capital Improvement Projects Fund the amount specied in each year's Annual Budget. Seconded by Councilmember Maida. Ayes - all. 7. Transfer to Finance White Bear Avenue Improvements Authorized the following transfers from the Street Construction State Aid Fund: $23,000 to Project 80 -05 $64,000 to Project 81 -21 8. Interfund Transfers for Unassessed Utility Improvements Authorized the following transfers: - 3 - 12/12 9. Final Plat - Goff's Mapleview 2nd Addition Approved Goff's Mapleview 2nd Addition final plat for seven double dwelling lots and two large lots to be developed at a later date. 10. Transfer of Funds - Nature Center Authorize the bud et change in Nature Center Revenue and Nature Center Program Supplies �01 4120 64) in the amount of $375.00. 11. Approval of Partnership - Hook 'N Ladder Liquor License. Approved the application of Mr. Lloyd Dosh for Partnership in the Hook 'N Ladder Liquor License, F. PUBLIC HEARINGS 1, Liquor License - Mr. Steak 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the applica- tion of Lawrence and Harold Carlson for an On -Sale Intoxicating Liquor License at Mr. Steak, 1745 E, Cope Avenue. b. Manager Evans presented the staff .report. c, Mayor Greavu called for proponents. The following were heard: Lawrence Carlson and Harold Carlson, the applicants. d. Mayor Greavu called for opponents. None were heard. e, Mayor Greavu closed the public hearing. f. Councilmember Juker introduced the following resolution and moved its adoption: 83 - 12 - 198 A NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on December, 12, 1983, an On -Sale Intoxicating Liquor License was approved for Lawrence Albin and Harold Jene Carlson, dba Mr. Steak, 1745 E. Cope Avenue. The Council proceded in this matter as outlined under the provisions of the City Code, Seconded by Councilmember Anderson, Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nay - Councilmember Bastian. - 4 - 12/12 FROM TO Special Assessment Fund: $ 89,062 W.A.C. Fund 1973 Bonds ( #22) 71,700 Hydrant Fund 1977 Bonds 025) 6,010 Hydrant Fund 1979 Bonds ( #27) 2,050 Sewer Fund 1979 Bonds ( #27) $ 168,822 Total 9. Final Plat - Goff's Mapleview 2nd Addition Approved Goff's Mapleview 2nd Addition final plat for seven double dwelling lots and two large lots to be developed at a later date. 10. Transfer of Funds - Nature Center Authorize the bud et change in Nature Center Revenue and Nature Center Program Supplies �01 4120 64) in the amount of $375.00. 11. Approval of Partnership - Hook 'N Ladder Liquor License. Approved the application of Mr. Lloyd Dosh for Partnership in the Hook 'N Ladder Liquor License, F. PUBLIC HEARINGS 1, Liquor License - Mr. Steak 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the applica- tion of Lawrence and Harold Carlson for an On -Sale Intoxicating Liquor License at Mr. Steak, 1745 E, Cope Avenue. b. Manager Evans presented the staff .report. c, Mayor Greavu called for proponents. The following were heard: Lawrence Carlson and Harold Carlson, the applicants. d. Mayor Greavu called for opponents. None were heard. e, Mayor Greavu closed the public hearing. f. Councilmember Juker introduced the following resolution and moved its adoption: 83 - 12 - 198 A NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on December, 12, 1983, an On -Sale Intoxicating Liquor License was approved for Lawrence Albin and Harold Jene Carlson, dba Mr. Steak, 1745 E. Cope Avenue. The Council proceded in this matter as outlined under the provisions of the City Code, Seconded by Councilmember Anderson, Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nay - Councilmember Bastian. - 4 - 12/12 Councilmember Bastian moved to suspend the Rules of Procedures and hear Item J -1 at this time. Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATION 1. Senator 'William Deissner a. Senator Deissner made a presentation to the City regarding the reduction of aid to municipalities by the State. F. PUBLIC HEARINGS (Continued): 2. Liquor License - Chalet Lounge 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the applica- tion of Gerald Neuspickle and Marcella Bouffleur for an On -Sale Intoxicating Liquor License known as The Chalet, 1820 Rice Street. b. Manager Evans presented the staff report. c. Mayor Greavu called for proponents. The applicants, Gerald Neuspickle and Marcella Bouffleur, spoke on behalf of the license. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian introduced the following resolution and moved its adoption: 83 -12 -199 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on December 12, 1983, an On -Sale Intoxicating Liquor License was approved for Gerald Elmer Neuspickle and Marcella Jean Bouffleur, dba The Chalet, 1820 Rice Street. The Council proceeded in this matter as outlined under the provisions of the City Codes. Seconded by Councilmember Juker. Ayes - all. 3. Industrial Revenue Bonds - SHARE 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the application of SHARE for an Industrial Revenue Note to acquire land and construct thereon and a equip an approximately 15,000 sq. ft. medical clinic facility. b. Ms. Mary Ippel, Briggs and Morgan, explained the specifics about the proposed revenue bond for SHARE. c. Mr. Ray Fredrickson, representing SHARE, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. - 5 - 12/12 e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 12 - 200 RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVENUE BONDS TO FINANCE THE PROJECT BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. The Council has received a proposal from SHARE (the "Company ") that the City undertake to finance a certain Project as herein described, pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes (the "Act "), through issuance by the City of its $2,690,000 Commercial Development Revenue Bonds, Series 1983 (the "Bonds), and in accordance with a Bond Purchase Agreement (the "Purchase Agreement ") between the City, the Company and Miller & Schroeder Municipals, Inc. (the "Bond Purchaser "). 2. The Company desires to acquire land and construct and equip a 15,000 square foot building suitable for a medical clinic (hereinafter referred to as the "Project "). The Project as described above will provide employment to 28 new persons and will otherewise further the policies and purposes of the Act and the findings made in the preliminary resolution adopted by this Council on September 12, 1983, with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated December 1, 1983, between the City as Lender and the Company as Borrower (the "Loan Agreement ") and a Disbursing Agreement dated as of December 1, 1983, among the City, the Borrower, the Trustee and the Bank (as hereinafter defined) (the "Disbursing Agreement "), the City loan the proceeds of the Bonds to the Company to finance the cost of the Project. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain other rights under the Loan Agreement to First Trust Company of Saint Paul, in St. Paul, Minnesota (the "Trustee ") as security for payment of the Bonds under an Indenture of Trust dated December 1, 1983 (the "Indenture "). The Bonds will be primarily secured by an Irrevocable Standby Letter of Credit (the "Letter of Credit ") issued by Norwest Bank Minneapolis, National Association (the "Bank "). The Company will grant a mortgage and security interest in the Project to the Trustee,pursuant to a First Combination Mortgage, Security Agreement and Fixture Financing Statement dated December 1, 1983 (the "Mortgage ") and to further secure the payment of the Bonds and the interest thereon, enter into a First Assignment of Rents and Leases dated December 1, 1983 (the "Assignment of Rents and Leases "). - 6 - 12/12 4. This Council by action taken on September 12, 1983, gave prelimi- nary approval to the proposal and on or about September 26, 1983, the Minnesota Energy and Economic Development Authority gave approval to the Project as tending to further the purposes and policies of the Act. 5. Pursuant to the preliminary approval of the Council, forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture.. (c) The Disbursing Agreement. (d) The Letter of Credit (not executed by the City). (e) The Standby Letter of Credit and Reimbursement Agreement (not executed by the City). (f) The Mortgage (not executed by the City). (g) The Assignment of Rents and Leases (not executed by the City). (h) The Purchase Agreement. (i) The Preliminary Official Statement dated December 9, 1983 (not executed by the City). 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act. (b) the purpose of the Project is and the effect thereof will be to promote the public welfare by the construction and equipping of a facility for a medical clinic; (c) the Project is to be located within the City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities; (d) the construction and installation of the Project, the issuance and sale of the Bonds,.the execution and delivery by the City of the Loan Agreement, the Disbursing Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agree- ment, the Disbursing Agreement and Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, the Disbursing Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Company be authorized, in accordance with the provisions of Section 474.03 of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper to complete the - 7 - 12/12 acquisition and installation of the Project by such means as shall be available to the Company and in the manner determined by the Company, and with or without advertisement for bids as required for the acquisi- tion and installation of municipal facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (g) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and pay- able during the term of the Mortgage, Loan Agreement and Indenture; (h) under the provisions of Minnesota Statutes, Section 474.10, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisons, and that the Bonds including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. Subject to the approval of the City Attorney and the provision of Section 11, the forms of the Loan Agreement, the Purchase Agreement and Indenture and exhibits thereto and all other documents described i.n paragraph 4 hereof are approved substantially in the form submitted except as otherwise provided in paragraph 8 hereof. The Loan Agreement and Indenture, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Clerk. The Purchase Agreement and any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction rerein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 8. The City hereby finds that the information in the section of the Pre- liminary Official Statement captioned "The Issuer" does not contain any untrue statement of a material fact or omit to state any fact which is necessary to make the statements made therein not misleading and hereby approves in sub - �stantially the form submitted to the City Council at this meeting such infor- mation for inclusion in the Preliminary Official Statement; and the City hereby ratifies, confirms and consents to the use of said section in the Preliminary - 8 - 12/12 Official Statement and the Official Statement in connection with the sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than the section therein captioned "Issuer," and the City takes no responsibility for such information. 9. The original rate of interest on the Bonds shall be such rate per annum not more than ten percent (10 %) as the City Clerk, the Mayor, the Bond Purchaser and the Company shall agree to; and thereafter the rate of interest shall be determined in accordance with the provisions of the Indenture. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture, with the original rate established as provided in this paragraph. The Bonds shall be sold to the Bond Purchaser at a price not to exceed $2,622,750 as the Mayor, the City Clerk, the Bond Purchaser and the Company shall agree to plus accrued interest to the date of delivery. The Mayor and the City Clerk are authorized and directed to prepare and execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 10. The Mayor and City Clerk and other, officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser cer- tified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as other- wise 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. 11. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be neces- sary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby author - ized to approve said changes on behalf of the City. The execution of any in- strument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or Clerk, any of the documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Clerk, respectively. Passed: December 12, 1983 John C. Greavu /s/ Mayor Attest Lucille E. Aurelius /s/ City Clerk Seconded by Councilmember Maida. Ayes - All, - 9 - 12/12 h. Maplewood Professional Associates Project - Final Approval. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 12 - 201 NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms de- fined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of Leases and Rents: the agreement to be executed by the Borrower assigning all the leases, rents, issues and profits de- rived from the Project to the Lender to secure the repayment of the Note and interest thereon; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower: Maplewood Professional Associates, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City: the City of Maplewood, Minnesota, its successors and assigns; Construction Fund: the fund established by the City pursuant to this Resolution and into which the proceeds of the Note will be deposited; Construction Loan Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating to the disbursement and payment of Project Costs out of the Construction Fund for the acqui- sition of the Land and the construction and installation of the Improvements; Guarantors: collectively, Dr. and Mrs. Thomas J. Lyons, Dr. Ernest Goodman, Dr. and Mrs. Ernest Orr, Dr. and Mrs. David Johnson, Dr.. James Brockberg, Dr. and Mrs. Arnulf Svendsen, Dr. and Mrs. John Biebl, Dr. and Mrs. Lyle Johnson, Dr. and Mrs. David W. Anderson, Dr. Noel Hauge, Dr. and Mrs. Jerry Stanke, Dr. Daryl Brockberg and Dr. and Mrs. Daniel J. Gatto; - 10 - 12/12 Guaranty: the personal guaranty to be executed by the Guarantors in favor of the Lender; Im rovements: the structures and other improvements, including any tangible personal property, to be constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications; Land: the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Leases: all leases now or hereafter affecting the Land; Lender: American National Bank and Trust Company, St. Paul, Minnesota, its successors and assigns; Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Mortgage: the Mortgage, Security Agreement and Fixture Financing Statement to be executed by the Borrower, as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; Note: the $1,400,000 Commercial Development Revenue Note of 1983 (Maplewood Professional Associates Project), to be issued by the City pursuant to this Resolution and the Loan Agreement; Note Register: the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; Plans and Specifications: the plans and specifications for the construc- tion and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Pledge Agreement: the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement to the Lender; Principal Balance: so much of the principal sum on the Note as remains unpaid at any time; Project: the Land and Improvements as they may at any time exist; Project Costs: the total of all "Construction Costs" and "Loan and Carrying Charges ", as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted December 12, 1983, together with any supplement or amendment thereof. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and sub- divisions of this instrument as originally executed. The words "herein," refer to this Resolution as a whole not to_.any parti- cul.ar.- .Article, Section or subdivision. - 11 - 12112 1 -2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Exhibits. Attached hereto as Exhibit A and incorporated herein by reference is the form of Note. 1 -4. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agree - ment, the Pledge Agreement, the Note and the Construction Loan Agreement, - which documents specify the terms and conditions of the acquisition and financing of the Improvements to be included in the Project; (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue - producing enterprises to use the available re- sources of the community, in order to retain the benefit of the community's existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas thus preserving the economic and human resources needed as a base for providing governmental services and facilities; the provision of accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the cost of governmental services, including educational services for the school district serving the community in which the Project is situated. (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Sec- tion 474.05 of the Act, will require the issuance of the Note in the prin- cipal amount of $1,400,000 as hereinafter provided; - 12 - 12/12 (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of partially financing the Improvements to be included in the Project; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statu- tory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon; and (7) The Note is an industrial development bond within the meaning of Section 103 (b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (D) of Section 103 (b) (6) of the Code with respect to an issue of $10,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1 -5. Authorization 'and Ratification ofProject. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the construction and installation of the Improvements to be included in the Project pursuant to the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Bor- rower consistent with and in anticipation of such authority and in com- pliance with the Plans and Specifications. ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $1,400,000 unless a duplicate Note is issued pursuant to Section 2 -7. The Note shall be in substantially the farm attached hereto as Exhibit A: 2 -2. The Initial Note. The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. - 13 - 12/12 2 -3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall neverthe- less be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence of disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authori- zation of the City Council execute and deliver the Note. 2 -4. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement; (B) the Pledge Agreement; (C) the Mortgage; (D) the Assignment of Leases and Rents; (E) the Construction Loan Agreement; ('F) the Guaranty; (G) a Cost Certificate signed by the Borrower certifying the use of the proceeds of the Note; (H) Leases now existing. (2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel and Lender's Counsel. (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2 -5. Disposition of`Note Proceeds. (1) There is hereby established with the Lender a Construction Fund to be held by the Lender as a separate account of the City as provided in the Construction Loan Agreement. Upon delivery of the Note to Lender, the pro- ceeds of such Note shall be credited to the Construction Fund held by the Lender on behalf of the City, at which time the entire principal amount of the Note shall be deemed advanced, and the Lender shall, on behalf of the City, disburse funds from the Construction Fund for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem - 14 - 12/12 reasonably necessary, including compliance with the provisions of the Construction Loan Agreement. The Lender or Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. (2) Any surplus in the Construction Fund shall be applied towards the prepayment of the Note as provided in the Construction Loan Agreement and shall not be invested to produce a yield greater than the yield on the Note, as required by Internal Revenue Service Revenue Procedure 79 -5, Revenue Procedure 81 -22 and 26 CRF 601.201 (and any subsequent amend- ments, modifications or replacements thereof); provided that, if the Lender receives an opinion of Bond Counsel that the exemption from fed- eral income taxation of interest on the Notes will not be jeopardized, the.surplus funds may be invested at a yield greater than the yield on the Note. 2 -6. Registration of Transfer. The City will cause to be kept at the office of the City Clerk a Note Register in which, subject to such reasonable regulations as it may pre- scribe, the City shall provide for the registration of transfers of owner- ship of the Note. The Note shall be initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. The undersigned certifies that the transfer be made in accordance with the provisions of Section 2 -9. Dated: Registered Owner Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration bla W appearing on;tbe' Note. 2 -7. Mutilated, Lott or Destroyed Note, In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence - 15 - 12/12 satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2 -8. Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes what- soever, and the City shall not be affected by any notice to the contrary. 2 -9. Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and ac- cordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 2 -10. Issuance of New Notes. Subject to the provisions of Section 2 -9, the City shall, at the request and expense of the Lender, issue new notes, in aggregate out - standing principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. ARTICLE THREE GENERAL COVENANTS 3 -1.- Payment -of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty and the Assign- ment of Leases and Rents, which revenues and proceeds are hereby specifi- cally pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Pledge Agreement, the Mortgage, the Construction Loan Agreement, the Guaranty and the Assign- ment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City, - 16 12/12 3 -2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered here- under and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agree- ment in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3 -3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Bor- rower under the Loan Agreement and Construction Loan Agreement, upon re- quest of the Lender and being indemnified to the satisfaction of the Authority for all expenses and claims arising therefrom, and to perform all covenants and other provisions pertaining to the City contained in the Note, the Loan Agreement and the Construction Loan Agreement and subject to Section 3 -4. 3 -4. Nature of Securit Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Leases and Rents, the Loan Agreement, the Pledge Agree- ment or any other document referred to in Section 2 -4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees, and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the Assignment of Leases and Rents, the Construction Loan Agreement, the Guaranty and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement shall be subject at,all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the en- forcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. - 17 - 12/12 ARTICLE FOUR MISCELLANEOUS 4 -1. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitu- tion or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained in- valid,.inoperative, or unenforceable to any extent whatever. The in- validity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4 -2. Authentication of Transcript, The officers of the City are directed to furnish to Bond Counsel cer- tified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4 -3. Registration of Resolution. The City Clerk is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4 -4..- Authorization to Execute Agreements. The forms of the proposed Loan Agreement, the Pledge Agreement, the Construction Loan Agreement, the Guaranty, the Mortgage and the Assignment of Leases and Rents are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, dele- tions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and City Clerk of the City are authorized to execute the Loan Agreement, the Pledge Agreement and the Construction Loan Agreement in the name of and on behalf of`the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution - 18 - 12/12 of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. Adopted: December 12, 1983 John C. Greavu /s/ Mayor of the City of Maplewood Attest: Lucille E. Aurelius /s /` Clerk Seconded by Councilmember Maida. Ayes - all. i, Maplewood West - Resolution Correction and Extension. 1. Mr. William Korstad, the applicant, explained why an extension of time is necessary. 2, Councilmember Maida introduced the following resolution and moved its Adoption-. 83 12 - 202 RESOLUTION EXTENDING THE PRELIMINARY APPROVAL FOR THE MAPLEWOOD WEST PROJECT WHEREAS, A, The City of Maplewood held a public hearing on December 13, 1982, for the Maplewood West Project which consists of the construc- tion of an office and retail building to be located behind Kennard Street in the Maplewood Mall on the north side of Beam Avenue and East of the Health Resources complex in the City of Maplewood (the "Project ") and on December 13, 1982, the City Council granted pre- liminary approval to the Project. B. The Mortgage Revenue Note Criteria adopted by the City of Maplewood on October 16, 1980, provides that the construction of the Project must begin within one year of preliminary approval. C. The project for which preliminary approval was granted on December 13, 1982, will not commence construction within the one year period. D. The developer of the Project has requested that the City Council extend preli minary approval of the Project through and in- cluding December 13, 1984. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood as follows: 1. The preliminary approval granted to the Project on December - 19 - 12/12 13, 1982, is extended through and including December 13, 1984. 2. The findings made in the Preliminary Resolution adopted by the Council on December 13 1982, with respect to the Project are hereby ratified, affirmed and approved. Passed: December 12, 1983 John C. Greavu /s/ Mayor Attest: Lucille E, Aurelius City Clerk Seconded by Councilmember Bastian. Ayes - all. 4. Dog Kennel License - 1595 E. Sandhurst Drive 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the re- quest of Mr. Louis Lee, 1595 Sandhurst Drive for a small kennel license to house three (3) dogs as family pets. b. Manager Evans presented the staff report.. c. Mr. Louis Lee, the applicant, spoke on behalf of his request. 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. Councilmember Anderson moved to approve the application of Mr. Louis Lee for a small doa kennel license to house aRRE 3 family nets at 1595 Sandhurst Drive Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS None H. UNFINISHED BUSINESS 'a 1. Discussion with Park Commission on Kohlman Park Tennis Courts. a. Manager Evans presented the staff report. b. Mayor Greavu read a letter from Parks and Recreation Commission Member Rita Jamish opposing the building of the tennis courts. c. The following persons expressed their views: Don Christensen, Park and Recreation Commission Member - 20 - 12/12 Dean Sherburne, Park and Recreation Commission Member John Chegwyn, Park and Recreation Commission Member Voya Pelitich, Park and Recreation Commission Member Mike Wasiluk, Councilmember Elect. d, Councilmember Bastian moved to table this item until the meeting of December 22,1983. Seconded by Councilmember Maida. Ayes - all. 2. Code Amendment: Multiple Dwelling Signs - 4 Votes - 2nd Reading a. Manager Evans presented the staff report. b. Councilmember Juker moved code amendment regulating signs for multiple dwellings as follows: 3 M 3 to 8 units - 8 square feet 9 to 20 units - 16 square feet 21 and over units - 24 square feet and that it be placed as a conditional use permit. Seconded by Councilmember Anderson Motion failed. Conditional Use Permit - Bennington Woods. a. No discussion or action taken. Ayes - Councilmembers Bastian, Anderson and Juker Nays -Mayor Greavu, Councilmember Maida Code Amendment - Offices in M -1 Districts - 4 Votes - 2nd Reading a. Manager Evans presented the staff report. b. Mayor Greavu introduced the folliwng ordinance and moved its ado 'ORDINANCE NO. 556 AN ORDINANCE AMENDING DIVISION 9 OF CHAPTER 36 RELATING TO M -1, LIGHT MANUFACTURING DISTRICT The Maplewood City Council hereby,.ordains as follows: on. Section 1. Section 36 -186 of the Maplewood Code is hereby amended to read as follows: Section 36 -186. Permitted Uses. .In M -1 Light Manufacturing Districts, a building may be erected or used, and a lot may be used or occupied for any of the following purposes and no other; provided that, no use which is noxious or hazardous shall be permitted: - 21 - 12/12 (a) Any use permitted in a BC Business and Commercial District and SC Shopping Center District, if the council is satisfied that such use will not interfere with proper development of the M -1 Light Manufacturing District, but not other- wise. (b) Wholesale business establishments. (c) Trucking yard or terminal. (d) Custom shop for making articles or products sold at retail on the premises. (e) Plumbing, heating, glazing, painting, paperhanging, roofing, ventilating and electrical contractors, blacksmith shop, carpentry, soldering and welding shop. (f) Yard for storage, sale and distribution of ice, coal, fuel oil or building materials. (g) Commercial place of amusement, recreation or assembly. (h) Bottling establishment. (i) Manufacturing as follows: (I) Canvas and canvas products (II) Clothing and other textile products, not including manufacture of textiles. (III) Electrical equipment, appliances and supplies, manufacture and assembly of, not including heavy electrical machinery. (IV) Food products, combining or processing of, not including meat and fish. (V) Jewelry, clocks, watches. (VI) Leather products, including luggage and shoes. (VIII) Musical Instruments. (IX) Perfumes, pharmaceutical products, compounding of rubber products and synthetic treated fabrics, not including rubber and synthetic processing. (X) Small products from the following previously prepared materials: cork, feathers, felt, fur,. 'glass, hair, horn, paper, plastics, shells. (XI) Tool, dye and pattern making, and similar small machine shops. (XII) Wood products, including furniture and boxes. (j) Carpet and rug cleaning. (k) Laundry, dry cleaning or dyeing plant. (1) Laboratory, research, experimental and testing. (m) Offices as the principal use. - 22 - 12/12 5 `(n) Any use of the same general character as any of the above - permitted uses, when authorized as a special exception by the City Council. (o) Accessory use on the same lot with and customarily incidental to any of the above - permitted uses. (Code 1965, § 909.010; Ord. No. 395, § 1, 5- 13 -76). Section 2. This ordinance shall take effect after its passage and publication. Seconded by Councilmember Anderson. Ayes - all. Code Amendment - Used Car Lots (4 votes) 2nd Reading a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the followinq ordinance and moved its adop ORDINANCE NO. 557 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE RELATING TO USED CAR LOTS IN BC AND M -1 ZONES BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 36 -153 (1) (d) permitted use: BC district is hereby amended to read as follows: (d) Automobile sales agency that sells new cars or new and used cars, parking garage or lot, provided all facilities are located and all services are con- ducted on the lot. Section 2. Section 36 -153 (2) special exceptions is hereby amended to add line .(e) (e) Used car lot Section 3. Section 36 -190 is hereby added as follows: Section 36 -190. Conditional use. Used car lot. Section 4. Section 36 -201 (h) is hereby added as follows: (h) Used car lot. Section 5. This ordinance shall take effect upon its passage and publication. ion: Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. c. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 558 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO USED CAR DEALERS - 23 - 12112 BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 18 -147 is hereby amended to read as follows: Section 18 -147. Duration; renewal. Any license issued under this division shall be for one year only and the application for renewal must be presented to the City Clerk each year. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. 6. Code Amendment - R -3 District (4 votes) 2nd Reading a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 559 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE RELATING TO THE R -3 DISTRICT BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 36 -114 is hereby amended to read as follows: Section 36 -114. Same Density credits All multiple dwelling structures constructed in the city are subject to minimum area and maximum density standards as set forth in sections of this chapter relating to density and area requirements. The following credits to such standards shall be allowed as follows: (1) Underground parking. The net acreage for calculating density may be increased by three hundred (300) square feet for each parking space that is provided under the principal use structure, or in some other manner underground, which will thereby permit use of the grade level outside the building, or above such underground space, for other building, parking, open yard or recreation space. (2) Open space. The net acreage for calculating density may be increased by one hundred (100) square feet where twenty -five (25) percent of the entire a area is reserved in one area for recreation play area, or for open land, water or ponding areas subject to approval by the City Council after consideration by the Community Design Review Board. (3) Landscaping. The net acreage for calculating density may be increased by one hundred (100) square feet for each dwelling unit where one (1) percent of the construction cost (not including land cost) is allocated to the planting of trees. This does'not apply to the sodding, or seeding of green areas. - 24 - 12/12 (4) High Rise. The net acreage for calculating density may be increased by one hundred(100) square feet for each dwelling unit above three (3) stories. In order to qualify for this credit, all floors must have elevator service. If this credit, when combined with others available in paragraphs (1) through (3) of this section, results in a reduction of yard or parking space area below that otherwise required by reason of the dimensions and number of dwelling units in the structure, then this credit shall not be allowed. (Ord. No. 245, § 10 (§ 906.090), 10 -3 -68) Section 2. Section 36 -125 is hereby amended to read as follows: Section 36 -125. Same - As part of planned unit development. Townhouses, together with other types of multiple dwelling structures, or any combination of different types of dwelling structures defined and classified under this division, shall be eligible to be considered and treated as a planned unit development pursuant to the provisions of article V of this chapter. (Ord No. 245, § 20, (§ 906.410) 10- 3 -68). Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Maida. Ayes - all. 7. Code Amendment - Public Pools - 2nd Reading a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 560 AN ORDINANCE ESTABLISHING RULES AND REGULATIONS AND LICENSING PROVISIONS' RELATING TO PUBLIC POOLS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Code of Ordinances is hereby amended to read as follows: Section 31 -7. Minnesota Department of Health Rules adopted. Subject to any specific modifications hereinafter set forth, the municipality hereby adopts by reference Minnesota Rules 7 -MCAR 1.141 as contained in the document entitled "Rules and Reg- ulations of the Minnesota Department of Health Relating to Public Swimming Pools ", and all subsequent amendments thereto. One copy of such regulations shall be filed and available for inspection in the office of the City Clerk and Community Develop- ment. Reference in 7 -MCAR 1.141 of Board of Health shall be replaced by Environmental Health Official. Reference to public swimming pool shall be replaced with the definition of public pool in this ordinance. Section 31` -8. Public pool defined. Any pool, other than a private residential pool, intended to be used collectively by numbers of persons for swimming or bathing, operated by any person as defined herein, whether he be owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. Included in this definition are pools located in or adjacent to apartment buildings, condominiums, townhouses or other multiple dwelling residential complexes, public or private schools, public or private sports facilities, commercial property unless used for sales and /or display purposes only and treatment pools, therapeutic pools, and special pools for water therapy, whirlpools, spas and cold plunges. - 25 - 12/12 section 31 -9. License Required. It shall be unlawful for any person to operate a public pool, regardless of whether a fee is charged for such use, unless the City of Maplewood has issued a valid license therefore which is in full force and effect. Such license shall be on display in the vicinity of the subject pool or conveniently accessible upon demand. Section 31 -10. Application for license. Application for a license shall be sub - mitted to the Department of Community Development in such form and manner as the City may prescribe. Section 31 -11. Inspection. The environmental health official shall inspect every public pool as frequently as deemed necessary to ensure compliance with this ordinance. Section 12. License expiration and renewal. Licenses issued under this ordinance shall expire on the last day of April each year. License renewal applications shall be filed with the Department of Community Development prior to April 1 of each year. Failure to comply with the requirements of this ordinance may result in revocation or nonrenewal of license. Written notification shall be made to the applicant or licensee of any pool license that has been denied or revoked. The applicant or licensee shall have ten days from the date of notification to appeal this decision to the City Council. Section 31.13. License fees. The license fees for public pools shall be fixed by the City Council, by resolution, from time to time. Section 31.14. Penalty. Any person, firm or corporation convicted of violating the provisions of this ordinance, will be guilty of a misdemeanor. Section 2. This ordinance shall take effect upon passage and publication according to law. Seconded by Councilmember Maida. Ayes - all. c. Councilmember Maida introduced the followinq resolution and moved its adoption: 83 - 12 - 203 WHEREAS, the City Council passed an ordinance requiring the licensing of public pools; and WHEREAS, the ordinance requires license fees to bb set by the Council by res- olution; NOW, THEREFORE, BE IT RESOLVED that the following fee schedule for licensing public pools shall be in effect (the fee is for each location, not for each pool): Indoor pool $75 Outdoor Pools $50 Indoor and outdoor Pools $125 Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker and Maida. Nays - Mayor Greavu and Councilmember Bastian. 8. Plan Amendment: RM to RL County Road C, West of Highway 61 - 26 - 12/12 a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Ellefson moved the following resolution be forwarded to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RM, residential medium density to RL, residential lower density for that property: 1. Lying north of County Road C between Cypress Street and Highway 61 and south of Kohlman Lake; and 2. Lying 173 feet south of County Road C, east of Kohlman Park and west of Highway 61 frontage road. This property is more commonly described as 1011 -1117 and 1094 -1122 East County Road C. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described plan amendment be approved on the basis of the following findings of fact: 1. The entire area is zoned for and developed as single dwellings. 2. The change would have no adverse effect on the Comprehensive Plan. 3. Shoreland ordinance requirements could reduce the attractiveness of the area for RM development. 4. The proposed designation would be compatible with the site and adjacent planned uses. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Robens, Sigmundik, Whitcomb." c. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 12 - 204 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Compre- hensive Plan from RM, residential medium density to RL, residential lower density for that property a) lying north of County Road C between Cypress Street and Highway 61 and south of Kohlman Lake, and b) lying 173 feet south of County Road C, east of Kohlman Park and west of the Highway 61 frontage road. This property is more commonly described as 1011 -1117 and 1094 -1122 County Road C. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on November 21, 1983 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City - 27 - 12112 i Council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on December 12, 1983. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEW00D CITY COUNCIL that 'the : above described plan amendment be approved on the basis of the following findings of fact: 1. The entire area is zoned for and developed as single dwellings. 2. The change would have no adverse effect on the Comprehensive Plan. 3. Shoreland ordinance requirements could reduce the attractiveness of the area for RM development.. 4. The proposed designation would be compatible with the site and adjacent planned uses. Seconded by Councilmember Maida. Ayes - all. 9. 2574 Ariel - Schilling a. Manager Evans stated he had contacted North St. Paul regarding the Schilling request for levying the cash connection charge. NEW BUSINESS 1. Increase in License /Permit Fees a. Manager Evans presented the staff report. b. Councilmember Anderson moved to establish the Commercial and Industrial Revenue Note /Bond filing fee be 1% of the issue up to $20,000 with the first $1,0 to Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. c. Councilmember Bastian moved to establish the following Potentially Hazardous Food Vehicles fees: First Vehicle $80 Each Additional $40 Fleet License $240 . Seconded by Councilmember Anderson d. Councilmember Anderson moved Female $6 Male $6 Spayed or Neutered $3 Ayes - all. license fees be established as: - 28 - 12/12 Seconded by Councilmember Maida. Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. e. Councilmember Bastian moved that the Christmas Tree Sales license remain the same as 1983. Seconded by Councilmember Anderson. Ayes - all. f. Councilmember Anderson moved to set the fee of $10.00 each for pending assessment search. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson and Juker. Nays - Mayor Greavu; Councilmembers Bastian and Maida. g. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 12 - 205 BE IT RESOLVED that the City Council of Maplewood, Minnesota, establish the following fees effective January 1, 1984: - 29 - 12112 Present Proposed Fee Fee Amusement Park License $100 $105 Bench Permit: First Bench 25 30 Each Additional Bench 10 15 Bingo License: For One Night /Wk. For 52 Wks. 100 105 For Two Nights /Wk. for 52 Wks. 200 210 One Night 5 10 Christmas Tree Sales: Regular 100 100 Non - Profit Organization 75 75 Cigarettes & Tobacco 25 30 Coin Operated Amusement Devices: Per Location 100 105 Per Machine 25 30 - 29 - 12112 i Dog Kennels: First Time Renewal Gambling License Golf Course Motels: 1 - 15 Units 16 -35 36 - 100 Oveh 100 Restaurant and /or Bakery: Food Establishment Catering Food Vehicle: First Vehicle Each Additional Fleet License Itinerant Food Establishment: (limit 7 Days) First Day Each Additional Day Non - Perishable Food Vehicle: First Vehicle Each Additional Fleet License Potentially Hazardous Food Vehicle: First Vehicle Each Additional Fleet License Tavern License 25 5 100 100 40 60 100 125 110 50 25 150 25 10 25 10 65 40 20 120 200 - 30 - 30 10 105 105 45 65 105 130 115 55 30 160 30 15 30 15 70 80 40 240 210 12112 Taxicab License: Base Charge 25 30 Each Driver 5 10 Theater License: Indoor 100 105 Outdoor 200 210 Contractor's License 50 55 3.2 Beer License: On Sale 100 100* Off Sale 30 30* Temporary Food & Beer 10 /Day 15 /Day LICENSES DUE JULY 1st,: Used Car Dealer 200 210 LICENSES DUE AUGUST 1st: Motor Vehicle Repair 35 40 Service Station: First Pump 40 45 Each Additional Pump 5 6 Trailer Rental: First 5 Trailers 10 15 Each Additional Trailer 1 2 LICENSES DUE JANUARY 1st: Club Liquor License 300 300* On Sale Liquor 3,850 4,080 ' Off Sale Liquor 200 200* Sunday Liquor 200 200* Beer and Wine: Seating up to 25 750 800 Each Additional 10 Seats 100 105 Maximum 2,000 2,120 *License Fee Set by State Law - 31 - 12112 a MISCELLANEOUS SERVICE CHARGES: Commercial and Industrial Revenue Note /Bonds Liquor License Investigation Fee Block Party License Carnival License Solicitor License Auctioneer License 750 1% of the issue $20,000 Maximum, First $1,000 paid with application. 300 320 10 15 100 50 /Company + 25 /Solicitor 50 /Year or 10 /Day Pawn Shop 50 Pending Assessment Searches 5 Police Accident Report Copies Cat and Dog Licenses: Male El 5 Female 5 Neutered /Spayed 3 Building Relocation 100 Community Design Review Board 50 Seconded by Councilmember Juker. h. Councilmember Anderson moved first readin following planning and sign ees: 105 55 /Company + 30 /Solicitor 55 /Year or 15 /Day 55 6 5 6 6 3 105 55 Ayes - all. of an ordinance establishing the Zone Change $135 Special Use Permit 135 Planned Unit Development 135 Comprehensive Plan Amendment 135 Variances: R -1 40 All other districts BO Vacations 45 Lot Divisions 30 for each lot created Preliminary Plat 135 Home Occupation Permit 40 for the initial permit and 15 for an annual renewal Final Plat 30 - 32 - 12112 A sign erection permit fee (except for billboards) shall be paid in accordance with the following schedule: Square Feet 1 - 10 11 - 25 25( 50 51 - 100 over 100 Seconded by Councilmember Juker. 2. Sergeants Salary - 1983 -84 a. Manager Evans presented the staff report. Fee $ 10 15 25 55 105 Ayes - all. b. Councilmember Juker moved to approve the Sergeants Salary increases and pro- posals for 1983 and 1984 as o ows: 1. A salary increase of $117 a month. This is the same as granted to non -union personnel and the Supervisors Union. 2. Instead of any increase in hospitalization, that $25 per month be placed in a deferred compensation plan. 3. That for 1984 a fixed sum of $300 either above a comparable patrolmani's . pay or below a lieutenant's pay, whichever is the higher (presently it would be above a patrolman's salary) be established. 4. The establishment of an IRS -125 plan which will permit the payment of an employee's portion of hospitalization and similar benefits with pre -tax dollars. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Juker moved to approve Budget transfer from the Contingency Fund to cover the increases. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS (continued) None. K. COUNCIL PRESENTATIONS 1. Frost Avenue and White Bear Avenue a. Councilmember Juker stated the signal lights at Frost Avenue and White Bear Avenue were to be working by Thanksgiving what is the delay. b. Staff will investigate. 2. 3M Company a. Councilmember Anderson moved a letter be forwarded to 3M Co. thanking them for recognizing that main 3 ompany ome ase is in Map ewoo .r. - 33 - 12112 Seconded by Councilmember Juker. Ayes - all. 3. Water Tower a. Councilmember Bastian questioned how the study regarding the water tower in the Stillwater area was coming. b. Staff stated it had been started. 4. Public Safety a. Councilmember Bastian stated he would like the Council to meet with the fire departments to discuss the on -going concerns. b. Decision was made to wait until after the first of the year. 5. Study Group a. Councilmember Bastian suggested Council consider having a study group to study the services the City offers. Councilmember Juker moved to extend the meeti Seconded by Councilmember Anderson. 6. Chamber Party st the deadline. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. a. Councilmember Bastian wished to remind the Council of the Chamber Christmas Party at 1:30 P.M. on Thursday, December 22, 1983. L. ADMINISTRATIVE PRESENTATIONS 1. Patrolman Salary a. Manager Evans presented the staff report. b. Councilmember Juker moved to accept the 1984 and 1985 Patrolman's Contract, Local 320 with the following provisions: 1. top patrolman salary would become $2,335 per month in 1984 and $2,452 in 1985. This amounts to a 5% increase in each year. 2. A reduction in health related coverage from $130 to $120 per month, but with the City paying for long term disability as we do with all other employees. This would apply for both years and would be a net increased cost to the City of $4.56. 3. $20 per month in 1984 and an additional $20 in 1985 to be placed in a deferred compensation plan. This essentially is in lieu of increases in health coverage since those taking single coverages received little or no benefit from such increases. 4. Vacation leave to become the same as other City employees in 1985. This basically affects their 5th and 12th years. They will begin accruing additional vacation during those years instead of at the end. - 34 - 12/12 5. The use of an IRA -125 plan for the employees' contribution to health coverage. This essentially permits the employee to pay his portion with pre -tax dollars. This cannot take effect until LOGIS develops a program which they are in the process of so doing, but we have no definite completion date. I have previously recommended this for Sergeants and would also recommend inclusion of other non- union employees. Seconded by Councilmember Maida. Ayes - all. 2. Board and Commissions a.; Council directed Staff to send a letter to the existing Board Members and Commissioners indicating they should make applications to continue serving on their respective commissions or boards. M. ADJOURNMENT 10:34 P.M. �11111111111, ;111111 1111 ,I'll - - 35 - 12/12