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
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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.
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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:
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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.
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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.
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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.
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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 ").
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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
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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,
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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;
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(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 -
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