HomeMy WebLinkAbout10.01.81 MINUTES OF MAPLEW00D CITY COUNCIL
7:00 P.M., Thursday, October 1, 1981
Council Chambers, Municipal Building
Meeting No. 81-24
- A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was calledto order at 7:00 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
Minutes No. 81-23 (September 17, 1951)
Councilman Bastian moved to approve the Minutes of Meeting No. 81-23 (September 17,
1981) as corrected:
Page l: Item B Anderson
Page 1: Item D-7 Racquetball
Seconded by Councilman Anderson. Ayes - a11.
D. APPROVAL OF AGENDA ~ -
Mayor Greavu moved to approve the Agenda as amended:
1. Resolution
2. Commercial Zone Change
3. Cable TV
4. Junction Avenue
5. Concordia Arms
6. Maplewood Plaza
7. Street Lettering
8. Comments - Highway 120
9. Police Sergeants Salaries
Seconded by Councilman Bastian. Ayes - a11.
E. CONSENT AGENDA
Council removed Items 3 and 4 from the Consent Agenda to becomeItems H 2 and 3;
Items 2 and 8 to become Items J 11 and 12.
Councilman Anderson.;moved, seconded by Councilman Bastian, Ayes a11, to approve the
Consent Agenda Items 1, 5, 6, 7, 9, 10, 11 and 12 as recommended.
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1. Accounts Payable
Approved the accounts (Part I - Fees, Services and Expenses - Check No. 006288 through
Check No. 006335 - $86,010.16; Check No. 011201 through'Check 011318.$117,097.88:
Part II - Payroll Check No. 02834 through Check No. 02972 - $53,700.25). to be paid
in the amount of $256,808.29.
5. Budget Transfer: Cable TV
Approved a budget transfer of $1,000 from the General Fund Contingency account to
the Cable-TV Commission account.
6. In House Engineering Charges: Southlawn
Authorized a budget transferof $6,700 from the Special AssessmentFund to the General
Fund for in house engineering and administrative charges on the Southlawn Improvement
Project.
7. Contributions from Lions Club
Accept the donation of $300 from the North Maplewood.Lions Club Project Fund towards
the installation of protective fencing and forward a letter of appreciation.
9. Supplemental Agreement 79-4
Resolution No. 81-10-190
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improve-
ment Project No. 79-4 and has let a construction contract therefore pursuant to Minn-
esota Statutes, Chapter 429; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 79-4, Contract Amendment #2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Contract Amendment $2.
10. Supplemental Agreement 78-9
Resolution No. 81-10-191
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improve-
ment Project No. 78-9 and has let a construction contract therefore pursuant to Minn-
esota Statutes, Chapter 429; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 78-9 Supplemental Agreement No. 8;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Supplemental Agreement No. 8.
11. Certification of Election Judges
Resolution 81-10-192
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RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following
list of Election Judges for the 1981 City General Election, Tuesday, November 3, 1981:
Precinct No. 1 Precinct No. 7
EleanorMathews, Chairman Margaret Wolszon, Chairman
_ Lorraine Schneider - Myrtle Ma1m
Maryls Hartman Betty Haas
Mike Wasiluk Wyman Hagemen
Precinct No. 2 Precinct No. S
Pat Thompson, Chairman Jean Myers, Chairman
Evelyn Axdahl Lorraine Fischer
- Kathleen Dittel Rita Frederickson
Bea Hendricks Edith Stottlemeyer
Precinct No. 3 Precinct No. 9
Jeanne Schadt, Chairman Ida Szczapanski, Chairman
Barb Leiter Mary Johnson
Doris Broady Bernadine Mortensen
Charlotte Wasiluk Dolores Mallet
Precinct No. 4 Precinct No. 10
Caroline Warner, Chairman Anne Fosburgh, Chairman
Joyce Lipinski Mary Lou Lieder
Marjory Tooley Dorothy Arbore
Nancy Embertson Pat Werden
Elsie Wiegert
Precinct No. 11
Precinct No. 5 -
Delores Lofgren, Chairman
Jeanne Hafner, Chairman Maxine Olson
Emma K1ebe Shirley Luttrell
Sibbie Sandquist
Phyllis Erickson Precinct No. 12
Precinct No. 6 Mary Libhardt, Chairman
Audrey Duellman
Kathy Supan, Chairman Deloris Fastner
Linda Prigge Mildred Dehen
Linda Ashfield
Joanne Houghton
12. Final Approval - Revenue Note - Gervais Avenue Associates
Resolution No. 81-10-193
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
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ARTICLE ONE
DEFINZNTIONS, 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 teens defined 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 rents, issues and
profits derived from the Project to the Lender to secure the
repayment of the Note and interest thereon;
Assignment of the Loan Agreement: the agreement to be
executed by the City and the Lender assigning the Loan
Agreement to the Lender;
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: Gervais Associates, a Minnesota general
partnership, its successors, assigns, and any surviving,
resulting or transferee business entity which may assume its
obligatiions under the Loan Agreement;
Cpl the City of Maplewood, Minnesota, its successors
and ass-1gns;
Guaranty: the personal guaranty to be executed by Richard
J. Schreier and Patricia A. Schreier, in favor of the Lender;
Im~~rovements: the structures and other improvements,
including any tangible personal property, 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: Northwestern National Bank Southwest,
Bloomington, Minnesota, its successors and assigns;
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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 $650,000 Commercial Development Revenue Note of
1981 (Gervais 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 construction and. installation of the Improvements on
the Land, which are approved by the L@nder;
Principal Balance: so much of the principal sum on the
Note as from time to.time may have been advanced to or for the
benefit of the City and 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
October 1, 1981, together with any supplement or amendment
thereto.
All refEerences in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
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.
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1-3. Findings.
The City Council has heretofore determined, and does
hereby dgtermine, 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 Agreement, the Assignment of Loan Agreement and the Note
which documents specify the terms and conditions of the
acquisition and financing of 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 develop-
ment of revenue-producing enterprises to use the available
resources 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 acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the increase in
the amount and 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 finance the
Project Costs, including the costs and estimated costs
permitted by Section 474.05 of the Act, will require the
issuance of the Note in the principal amount of $650,000 as
hereinafter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Project;
(G) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of
any constitutional or statutory 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
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(7) They 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.
1-4. Authorization and Ratification of Pro"ect.
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act, to provide for the construction and
installation of the Project pursuant to the Plans and Speci-
fications 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 Borrower consistent with and in anticipation of such
authority and in compliance 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 $650,000 unless a duplicate Note is issued
pursuant to Section 2-7. The Note shall be in substantially
the following form:
UNITED STATES OF AI4ERICA
STATE OF t4INNESOTA
COUtdTY OF RAMSF.Y
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1981
(Gervais Associates Project)
$650,000
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FOR VALUE RECEIVED the CITY OF NiAPLEWOOD, Ramsey
County, Minnesota, (the "City") hereby promises to pay
Northwestern tational Bank Southwest, Bloomington, Minnesota
(the "Lender"), its successors or registered assigns, from the
- source and in the manner hereinafter provided, the principal
sum of Six Hundred Fifty Thousand Dollars ($650,000), or so
much thereof as may have been advanced to or for the benefit of
the City and remains unpaid from time to time (the "Principal
Balance"), with interest thereon at the rate of seventy-five
percent (75~) of the Prime Rate (as hereinafter defined) per
annum which is in effect at Northwestern National Bank
Southwest, in any coin or currency which at the time or times
of payment is legal tender for the payment of public or private
debts in the United States of America, in accordance with the
terms hereinafter set forth. As used herein "Prime Rate"
refers to that interest rate publicly announced by the Lender
from time to time as its interest rate basis for commercial
borrowing with changes in the interest rate charged hereunder
to be effective on the same day as changes in the Prime Rate.
1. (a) The Principal Balance shall be paid in
consecutive equal monthly installments based on the
amortization of the Principal Balance over 300 months
commencing on the first day of the calendar month next
succeeding October 1981, until the tenth year anniversary
of the date hereof, when there shall be a final monthly install-
. ment for the remaining Principal Balance plus accrued interest
due (the "Final taturity Date"). payments shall be applied
first to interest due on the Principal Balance and thereafter
to reduction of the Principal Balance.
- (b) Zf the interest on this Note should become
subject to federal income taxation pursuant to a "Determination
of Taxability" as that term is defined in Section 4.07 of the
Loan Agreement hereinafter referred to, and the Lender delivers
to the Borrower a copy of the notice of the "Determination of
Taxability", the Lender shall be entitled to receive upon
demand the amount of additional federal and state income taxes
and penalties and interest thereon which the Lender estimates
it will incur for or with respect to its current and past tax
years and the tax year in which the date specified in said
notice occurs, by reason of such Determination of Taxability,
all as provided in Section 4.07 of the Loan Agreement.
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
penalty, at maturity, upon redemption, or otherwise. Interest
shall be computed on the basis of a 360 day year, but charged
for the actual number of days principal is unpaid.
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3. If the Lender should not receive on the first day
of any month all of the principal and interest then due on the
Note, and if the City should continue to be in arrears through
the fifteenth day of such month, then, in addition to all other
sums due hereunder, the Lender shall be entitled to receive on
the sixteenth day of such month a service charge equal to four
'percent (4.00$) of the delinquent principal and interest.
4. Principal and interest and premium due hereunder
shall be payable at the principal office of the Lender, or at
such other place as the Lender may designate in writing.
5. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivision la,
_ Minnesota Statutes, consisting of the acquisition of real
estate, and the construction of a storage warehouse thereon,
pursuant to a Loan .Agreement of even date herewith between the
City and (the "Borrower") (the "Loan Agreement"), and this
Note is further issued pursuant to and in full compliance with
the Constitution and laws of the State of Minnesota,
particularly Chapter 474, Minnesota Statutes, and pursuant to a
resolution of the City Council duly adopted on October 1, 1981
(the "Resolution").
6. This Note is secured by an assignment of the Loan
Agreement by the City to the Lender, a Mortgage, Security
Agreement and Fixture Financing Statement, of even date
herewith between the Borrower, as mortgagor, and the Lender as
mortgagee (the "Mortgage") and by an Assignment of Leases and
Rents, of even date herewith, from the Borrower to the Lender
(the "Assignment of Leases and Rents").
7. The Lender may extend the times of payments of
interest and/or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date,
without notice to or consent of any party liable hereon and
without releasing any such party. However, in no event may the
Final Maturity Date be extended beyond thirty (30) years from
the date hereof.
8. This Note may be prepaid in full at any time,
without a prepayment penalty.
9. This Note is further subject to prepayment by the
City, at any time, without a premium, in whole or in part, upon
the occurrence of certain events of damage, destruction or
condemnation of the property secured by the tortgage, as
specified in Section 5.02 of the Loan Agreement and Section 3-1
of the Resolution, or, at the option of the Lender, within 120
days after the. Lender receives a notice of a "Determination of
Taxability" as that term is defined in Section 4.07 of the Loan
Agreement.
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10. The monthly payments due under paragraph 1
hereof, shall continue to be due and payable in full until the
entire Principal Balance and accrued interest due on this Note
have been paid regardless of any partial prepayment made
hereunder.
Y
11. As provided in the Resolution and subject to
certain limitations set forth therein, this Note is
transferable upon the books of the City at the office of the
City Clerk, by the Lender in person or by his agent duly
authorized in writing, at the Lender's expense, upon surrender
hereof together with a written instrument of transfer
satisfactory to the City Clerk, duly executed by the Lender or
his duly authorized agent. Upon such transfer the City Clerk
will note the date of registration and the name and address of
the new registered Lender in the registration blank appearing
below. The City may deem and treat the person in whose name
the Note is last registered upon the books o£ the City with
such registration noted on the Note, as the absolute owner
hereof, whether or not overdue, for the purpose of receiving
payment of or on the account, of the Principal Balance,
redemption price or interest and for all other purposes, and
all such payments so made to the Lender or upon his order shall
be valid and effective to satisfy and discharge the liability
upon the Note to the extent of the sum or sums so paid, and the
City shall not be affected by any notice to the contrary.
12. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mortgage, the Assignment of Leases and Rents and the Loan
Agreement are hereby made a part of this Note to the same
extent and with the same force and effect as if they were fully
set forth herein.
13. This Note and interest thereon and any penalty or
premium due hereunder are payable solely from the revenues and
proceeds derived from the Loan Agreement, the Mortgage and the
Assignment of Leases and Rents, and do not constitute a debt of
the City within the meaning of any constitutional or statutory
limitation, are not payable from or a charge upon any funds
other than the revenues and proceeds pledged to the payment
thereof, and do not give rise to a pecuniary liability of the
City or, to .the extent permitted by law, of any of its
officers, agents or employees, and no holder of this Note shall
ever have the right to compel any exercise of the taxing power
of the City to pay this Note or the interest thereon, or to
enforce payment thereof against any property of tYe City, and_
this Note does not constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City, and the
agreement of the City to perform or cause the performance of
the covenants and other provisions herein referred to shall be
subject at all times to the availability of revenues or other
funds furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such performance or
the enforcement thereof.
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14. It is agreed that time is of the essence of this
Note. In the event of failure by the City to pay when due any
monthly installment of principal or interest or any premium due
hereunder, or if an Event of Default shall occur, as set forth
in the D7ortgage, the Assignment of Leases and Rents, or the
Loan Agreement, then the Lender shall have the right and option
to declare the Principal Balance and accrued interest thereon,
immediately due and payable, but solely from sums made
available under the Loan Agreement and b7ortgage. Failure to
exercise such option at any time shall not constitute a waiver
of the right to exercise the same at any subsequent time.
15. The remedies of the Lender, as provided herein
and in the Mortgage, the Assignment of Leases and Rents, the
Loan Agreement are not exclusive and shall be cumulative and
concurrent and may be pursued singly, successively or together,
at the sole discretion of the Lender, and may be exercised as
often as occasion therefor shall occur; and the failure to
exercise any such right or remedy shall in no event be
construed as a waiver or release thereof.
16. The Lender shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and signed
by the Lender and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to or waiver
of any right or remedy as to a subsequent event.
17. This Note has been issued without registration
under state or federal or other securities laws, pursuant to an
exemption for such issuance; and accordingly the Note may not
be assigned or transferred in whole or part, nor may a
participation. interest in the Note he given pursuant to any
participation agreement, except in accordance with an
applicable exemption from such registration requirements.
IT IS HEREBY CEF~'IFIED AND RECITED that all
conditions, acts and things required to exist, happen and be
performed precedent to or in the issuance of this Note do
exist, have happened and have been performed in regular and due
form as required by law.
- IN WITNESS tVHEREOF, the City has caused this Note to
be duly executed in its name by the manual signatures of the
Mayor and City Clerk and has caused the corporate seal to be
affixed hereto, and has caused this Note to be dated
1981.
CITY OF MAPLEWOOD, MINNESOTA
Mayor
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Attest:
City Clerk
(SEAL)
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal IIalance of this
Note and the interest accruing thereon is registered on the
books of the City of Maplewood in the name of the holder last
noted below.
Date of Name and address Signature of
Registration Registered Owner City Clerk
Northwestern National
Bank Southwest -
7900 Xerxes Avenue So.
October 1981 Bloomington, Mn. 55431
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2-2. The 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.
2-3. Execution.
The Note shall be executed on behalf of the City by
the signatures of its 67ayor 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 nevertheless be
valid and sufficient for all purposes, the same as if had
remained in office until delivery.
2-4. Delivery of 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 and Assignment of the Loan
Agreement;
- (B) the Mortgage;
(C) the Assignment of Leases and Rents;
(D) the Guaranty;
(E) a Cost Certificate signed by the Borrower
certifying the use of the proceeds of the Note.
(2) an opinion of Counsel for the Borrower in scope and
substance satisfactory to Bond Counsel as to the authority of
the Borrower to enter into the transaction and other related
matters;
(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 require
for the closing.
Upon delivery of the Note, the Lender shall, on
behalf of the City, advance funds for payment of Project Costs.
The Lender or the Borrower shall provide the City with a full
accounting of all funds disbursed for Project Costs.
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2-5. Intentionally Omitted
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 prescribe, the City shall provide for the
registration of transfers of ownership of the Note. The Note
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. Upon such transfer the
. City Clerk shall note the date of registration and the name an3
address of the new Lender in the Note Register and in the
registration blank appearing on the Note.
2-7. Mutilated, Lost 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 satisfactory to the City that such Note was
destroyed or lost, and furnishing the City with indemnity
satisfactory to it. If the mutilated, destroyed or lost tdote
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 whatsoever, 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 accordingly 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.
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ARTICLE THREE
PREPAYMENT OF NOTE BEFORE MATURITY
3-1. Prepayment. '
(1) In the event of (a) damage to or destruction of the
Project or condemnation of the Project or any part thereof and
(b) if Borrower does not elect to restore the Project pursuant
to Section 2.04 of the Mortgage, the Note shall be subject to
prepayment by the City from funds furnished by the Borrower at
the time, to the extent and in the manner set forth in Section
5.02 of the Loan Agreement.
(2) The Note may be otherwise prepaid in accordance with
the provisions of the Note.
3-2. Termination of Interest.
Upon deposit of any prepayment together with any
required premium, with the Lender and the giving of any notice
required, the principal amounts prepaid shall, after such date,
_ cease to bear interest.
ARTICLE FOUR
GENERAL COVENANTS
4-1. 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, from the source and in the manner provided
herein and in the tdote. The principal and interest are payable
solely from and secured by revenues and proceeds derived from-
the Loan Agreement, the Mortgage and the Assignment of Leases
and Rents, which revenues and proceeds a~:e hereby specifically
pledged to the payment thereof in the manner and to the extent
specified in the Note, the Loan Agreement, the Mortgage and the
Assignment 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.
4-2. 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 hereunder and in all proceedings of
- is - lo/ 1
the City Council pertaining thereto; that it is duly authorizeti
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 Agreement in the manner and to the extent set forth in
this Resolution, the Note and the Loan Agreement and Assignment
of Loan 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 obligation of
the City according to the terms thereof.
4-3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants and
obligations of the Borrower under the Loan Agreement and to
perform all covenants and other provisions pertaining to the
City contained in the Note and the Loan Agreement.
4-4. Nature of Security.
Notwithstanding anything contained in the Note, the
Mortgage, the Assignment of Leases and Rents, the Loan
Agreement 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; 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 Mortgage, the Assignment of
Leases and Rents, 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 and the 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 enforcement thereof, and the City shall not
be subject to any personal or pecuniary liability thereon.
- 16 - 10/1
ARTICLE FIVE
MISCELLANEOUS
5-1. 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 constitution 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 invalid, inoperative, or
unenforceable to any extent whatever. The invalidity 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.
_ 5-2. Authentication of 'Transcript.
The officers of the City are directed to furnish to
Bond Counsel certified 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.
5-3. 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.
5-4. Authorization to Execute Agreements.
The forms of the proposed Loan Agreement, the
Assignment of Loan Agreement, the Guaranty, the Mortgage a_nd
the Assignment of Leases and Rents are hereby approved in
substantially the form heretofore presented to the City
Council; and the Mayor and City Clerk of the City are
authorized to execute the Loan Agreement and the Assignment of
Loan Agreement, in the name of and on behalf of the City and
- l~ - to/l
such other documents as Bond Counsel consider appropriate in
connection with the issuance of the Note. Zn 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.
Adopted: October 1981
/s/ John C. Greavu
Mayor of the City of tdaplewood
Attest:
/s/ Lucille E. Aurelius -
City Clerk
- 18 - l0/1
H. UNFINISHED BUSINESS
1. IRB Bond Counsel -Guidelines
a. Manager Evans stated the City attorney has recommended that when individuals
apply for an Industrial Revenue Note they be required to retain the firm of Briggs
and Morgan as Bond Counsel.
b. Councilman Anderson movedthat Briggs and Morgan be designated as Bond Counsel
for Industrial Revenue Notes. -
Seconded by Mayor Greavu. Ayes - a11.
c. Councilman Anderson moved to revise the Application Guidelines for Industrial
Revenue Notes as follows:
Application Processing Guidelines -
1. City financing of the project shall be limited to the issuance of a single
mortgage revenuenote, to be marketed as a private placement.
2. Final approval shall not be granted by the City Council until the project
has received approval with respect to zoning, site design, building design,
or platting.
3. The applicant shall sign a memorandum of agreement providing that they will
pay all costs involved in the legal and fiscal review of the proposed project
and all costs involved in the issuance of notes to financethe project.
4. The City reserves the right to deny any application for financing at any stage
of the proceedings prior to adopting the resolution authorizingissuance of
the note.
5. The applicant, at the time of the public hearing, shall present schematics
of theirproposal to give the City Council reasonable notice as to the nature
and sign of their proposed building.
6. Briggs and Morgan are to be retained as Bond Counsel.
The purpose of the above data is to evaluate your proposal under City laws and
policies. You may refuse to provide this data. Refusal, however, may jeopardize
approvalof your application. The above information will made public to all who
request it.
Seconded by Councilman Nelson. Ayes - a11.
2. Hearing Date: Revenue Note - Maple Ridge Mall
a. Manager Evans stated J.S.B. Realty and Development Company has submitted an
application for a 5.5 million dollars revenue note to construct the Maple Ridge
Mall-at the Northwest corner of the 11th Avenue and Gervais Avenue.
b. Councilman Anderson introduced the following resolution and moved its adoption:
- 19 - 10/1
10/1
81 - 10 - 194
' RESOLUTION RELATING TO A PROJECT UNDER THE
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT
- CALLING FOR A PUBLIC HEARING THEREON
BE. IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
SECTION 1
' ~ RECITALS
1.1) The Gity is authorized by Minnesota Statutes, Chapter 474 (the Act)
to issue its industrial development revenue bonds to finance capital projects
consisting of properties used and useful in connectionwith a revenue producing
enterprise.
1.2) A proposal has been presented to this Council that the City, acting
pursuant to and in accordance with the Act, issue its industrial development
revenue bonds in the form of a single debt instrument (the Note) in the estimated
total amount of $5,500,000 to finance a project on behalf of JSB Realty & Develop-
ment Company (the Applicant), consisting generally of the acquisition of land,
the improvement of the land, and the construction of a shopping center facility
approximately 120,000 square feet in size (herein referred to as Project).
1.3) Under the Act, the Note so issued by the City shall not be payable from
nor charged upon any funds of the City other than the revenue pledged to the pay-
merit thereof, nor shall the City be subject to any liability thereon, and no holder
or holders of the Note shall ever have the right to compel any exercise of the
taxing power of the Gity to pay the Note or the interest thereon. The Note shall
not constitute a charge, lien or encumbrance, legal or equitable, upon any property
of the City, nor shall the same constitute a debt of the City within the meaning
of any constitutional or statutory limitation.
SECTION .2
- PUBLIC HEARING
2.1) Section 474.01, Subdivision 7b of the Act requires that prior to submission
of any application to the Minnesota Commissioner of Securities requesting approval
of the Project as required by Section 474.01, Subdivision 7a of the Act, this
Council shall conduct a public hearing on the proposal to undertake and finance
the Project. Pursuant to that section, a public hearing on the proposal to under-
take and finance the Project is called and shall be held on November 5, 1981,
at 7:15 o'clock P.M. at the City Ha11 in the City of Maplewood, Minnesota.
2.2) The City Clerk shall.cause notice of the public hearing to be published
in the official newspaper of the City and a newspaper of general circulation of
the City at least once not Less than fifteen (15) nor more than thirty (3) days
prior to the date fixed for the hearing, such notice to be in substantially the
form attached hereto.
2.3) A draft copy of the proposed application to theMinnesota Commissioner
of Securities, together with all attachments and exhibits thereto, shall be placed
on file with the City Clerk prior to publication of the. notice of public hearing
- 20 - 10/1
and be availablefor public inspection, following the publication of the notice
of public hearing, between the hours of 8:00 o'clock A.M..and 4:30 o'clock P.M.,
- Monday through Friday.
Adopted by the City Council of the City of Maplewood, thislst day of October,
1981.
Mayor
Attest:
City Glerk
CITY OF MAPLEWOOD, MINNESOTA
NOTICE OF PUBLIC HEARING ON A PROPOSAL
TO UNDERTAKE AND FINANCE A PROJECT
UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
MINNESOTA STATUTES, CHAPTER 474,. AS AMENDED
NOTICE IS HERESY GIVEN that the City Council of the City of Maplewood, Minnesota,
- will meet on November 5, 1981, at.7:15 o'clock p.m., in the City Hall, in Maplewood,
- Minnesota, for the purpose of conducting a public hearing on a proposal that the
City issue industrial revenue notes in the form of a single debt instrument (the
Note), under the Municipal Industrial Development Act, Minnesota Statutes Chapter
474, as amended (the Act), in order to finance a portion of the cost of a project
within the meaning of the Act. The proposed project will generally consist of
the acquisition and improvement of land and the construction of a 120,000 sq-~..:
ft. community shopping center in the northwest quadrant of Gervais Avenue and
White Bear Avenue, City of Maplewood, The facility will be owned by JSB Realty
& Development Company, Oakbrook, Illinois, who has made the proposal. The estimated
principal amount of the Note to be issued to finance theproject is $5,500,000.
The Note shalTbe a limited obligation of the City and the principal and interest
thereon shall be payable solely from the revenues of theproject pledged to the
payment thereof. Thepayment of the Note may be secured by a mortgage and other
_ security interests in the project properties. No holder of the Note shall have
the .right to compel any exercise of the taxing power of the City to pay the Note
or the interest thereon, nor to enforce payment against any property of the City.
A draftcopy of the proposed application to the Minnesota Commissioner of
Securities for approval of the project, together with all attachments and exhibits
thereto, is available for public inspection in the Gity Clerk's office in the
City Hall, in Maplewood, Minnesota, on business days between the hours of 8:00
a.m. and 5:00 p.m.
A11 persons interested may appear at the public hearing and express their
views with respect to the proposal to undertake and finance theproject.
Dated: October 1, 1981 By Order of the City Council
/s/ Lucille E. Aurelius
City Clerk
Seconded by CouncilmanNelson. Ayes - all.
- 21 - 10/1
3. Hearing Date - Revenue Note - Maplewood Dental Specialties
a. Manager Evans stated Maplewood Dental Specialties has submitted an application
for a $800,000 Revenue Note to construct a Dental Office building at the Northeast
Corner of 11th Avenue and White Bear Avenue.
b. Councilman Anderson introduced the following resolution and moved its adoption:
sl - to - 19s
RESOLUTION CALLING FOR A PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROSECT
PURSUANT TO THE MINNESOTA MUNICIPAL
INDUSTRIAL DEVELOPMENT-ACT AUTHORIZING
THE PUBLICATION OF A NOTICE OF SAID HEARING
WHEREAS,
_ (a) Chapter 474, Minnesota Statutes, known as the Minnesota MunicipalIndus-
trial Development Act (the "Act") gives municipalities the power to issue revenue
bonds for the purpose ofthe encouragement and development of economically sound
- industry and commerce to prevent so far as possible the emergence of blighted
and marginal lands and areas of chronic unemployment;
(b) The City Council of the City of Maplewood (the "City") has received from
Maplewood Dental Specialties, a Minnesota general partnership (the "Partnership")
a proposal that the City assist in financing a project hereinafter described,
through the issuance of its industrial revenue bonds (which may be in the form
of a single debt instrument) (the "Bonds") pursuant to the Act;
(c) Before proceeding with consideration of the request of the Partnership
it is necessaryfor the City to hold a publichearing on-the proposal pursuant
to Section 474.01, Subdivision 7b, Minnesota Statutes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. A Public Hearing on said proposal ofthe Partnership will be held at the
time and place set forth in the Notice of Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount
of bonds to be issued to finance the proposal are described in the form of Notice
of Hearing hereto attached.
3. The Notice of said Public Hearing shall be in substantially the form con-
tained in the Notice hereto attached.
4. A draft copy of the proposed application to the Commissioner of Securities
and Real Estate, State of Minnesota, for approval of the project, together with
proposed forms of all attachments and exhibits thereto, is on file in the office
of the City Clerk.
5. TheCity Clerk is hereby authorized and directed to cause notice of said
hearing to be given one publication in the official newspaper and a newspaper
of general circulation available in the City, not less than is days nor more than
30 .days prior to the date fixed for said hearing, as shown in the notice of hearing
hereto attached.
10/1
Adopted by the City Council of the City of Maplewood, Minnesota, this 10th
day of December, 1981.
/s/ John Greavu
Mayor
Attest:
/s/Lucille Aurelius
City Clerk
NOTICE OF PUBLIC HEARING
ON A PROPOSALFOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
To whom it may concern:
Notice is hereby given that the City Council of the City of Maplewood, Minn-
esota will meet at the City Ha11 in the City of Maplewood, Minnesota, at 7:30
P.M. on November 5, 1981, to consider the proposal of Maplewood Dental Specialties,
that the City assist in financing a project hereinafter described by the issuance
of industrial development revenue bonds.
Description of Project
Acquisition of land and the construction and
equipping of an approximately 7,000 square foot
dental clinic to be located on White Bear Avenue
at the northeast corner of White Bear Avenue and
11th Avenue within the City of Map lewood,Minnesota.
The estimated principal amount of bonds or other obligations to be issued
to finance this project is $800,000.
Said bonds or other obligations if and when issued will not constitute a charge,
lien or encumbrance upon any property of the City except the project and such
bonds or obligations will not be a charge against the City's general credit or
taxing powers but are payable from sums to be paid pursuant to a revenue agreement.
A draft copy of the proposed application to the Commissioner of Securities,
State oP Minnesota, for approval of the project, together with all attachments
and exhibits thereto, is available for public inspection beginning October 14,
1981, from 8:00 a.m. to 5:00 p.m., Monday through Friday, at the City Ha11.
Seconded by Councilman Nelson. Ayes - a11.
I. VISITOR PRESENTATION
None.
J. NEW BUSINESS
1. ,Highway 36 and 61 Safety Improvements
- 23 - 10/1
a. Director of Public Works Ken Haider presented sections from MnDOT reports ad-
dressing safety improvements on T.H. 36 at English. and Atlantic Street; and oh
T.H. 61 from Kohlman Avenue to County Road D.
It is suggested that each report be considered separately by the Council. The
proposed improvements along Highway 36 have been the subject of a number of meetings
with interested-businesses in the area. Concern over loss of access has been
discussed. As a result of these meetings, staff recommends the following changes
in the proposed improvements:
1. Right turns in and out of southbound Atlantic Street be allowed.
2. Signs be erected at locations and with language satisfactory to the business
community and theCity Engineer to inform drivers that English Street is the access
to the Frontage Road businesses.
The second project to consider is located along Highway 61. Staff has reviewed
theproposed improvements and recommends the City Council approve the project
as proposed by MnDOT.
b. Representative of the Highway Department explained their proposals.
_ c. Commissioner Duane Whitcomb presented the following Planning Commission recom-
mendation:
"Commissioner Kishel moved the PlanningCommission recommend to the City Council
that the proposed Mn/DOT improvements, Highway 36 Project SP 6211-64 and Highway
61 Project SP 6222-93 do not conflict with the Maplewood Land Use Plan.
Commissioner Barrett seconded. Ayes all."
d. Highway 36 Project SP 6211-64
Councilman Anderson introduced the following resolution and moved its adoption:
81 - l0 - 196
WHEREAS, this Council deems it necessary, expedient, and proper that citizen
access to and safety on the streets, roads, and highways within the boundaries
of the City are of prime concern to it;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA
AS FOLLOWS:
1. That the MnDOT report on S.P 6211-64, Minn. Proj HES 064-1 (58) T.H. 36
at Atlantic and English Streets Safety Improvement Project, be approved
with the following alterations:
A. Right turns in and out of southbound Atlantic Street be allowed.
B. Signs be erected at locations and with language satisfactory to the
business community and the City Engineer to inform drivers that English
Street is the access to the Frontage Road businesses.
Seconded by Councilman Nelson. Ayes - a11.
e. Highway 61 Project SP 6222-93
- 24 - 10/1
Councilman Anderson introduced-the following resolution and moved its adoption:
81 - 10 - 197
WHEREAS, this Council deemsit necessary, expedient, and proper that citizens'
access to and safety on the streets, roads and highway within the boundaries of
the City are ofprime concern to it;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
AS FOLLOWS:
1. The MnDOT report on S.P. 6222-93 Minn. Proj. HES 001-2 (57), SP. 6222-
- 94 Minn. Proj. F.. 001-2 (56), T.H. 61 from Kohlman Avenue to County Road
D, Safety ImprovementProject br approved.
Seconded by Mayor Greavu. Ayes - all.
K. COUNCIL PRESENTATIONS
8. Comments - Highway 120
- a. Mayor Greavu questionedthe Representative of the Minnesota Department of
Transportation what was planned for Highway 12n.
b. Mr. Mark Wickelius, representing Mn. DOT stated thereis nothing planned
for Highway120 in the near future or before 1987.
- Mayor Greavu recessed the meeting at 8:00 P.M. to convene as the Maplewood Board of
Appeals and Adjustments.
Mayor Greavu reconvenedthe meeting at 8:27 P.M.
F. PUBLIC HEARINGS _
2. Revenue Note: White Bear Avenue Associates 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of White Bear Avenue Associates for a $2,000,000 Industrial Revenue Note to construct
a 32,000 square foot building at 2950 White Bear Avenue to be used as retail sales
outlets and business offices. The Clerk-stated the hearing notice was in order
and noted the dates of publication.
b. Manager Evans presentedthe staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 10 - 198
RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES
DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTAMUNICIPAL INDUSTRIAL DEVELOPMENT ACT
- 25 - 10/1
AUTHORIZING THE SUBMISSION-OF AN APPLICATION
FOR APPROVAL OF SAID PROJECT TO THE
COMMISSIONER OF SECURITIES
OF THE STATE OF MINNESOTA
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH SAID PROJECT
WHEREAS,
(a) The purpose of Chapter 474, Minnesota
Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act") as found and determined by the
legislature is to promote the welfare of the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as possible
the emergence of blighted and marginal lands and areas of
chronic unemployment;
(b) Factors necessitating the active promotion
and development of economically sound industry and commerce are
the increasing concentration of population in the metropolitan
areas and the rapidly rising increase in the amount and cost of
_ governmental services required to meet the needs of the
increased population and the need for development of land use
which will provide an adequate tax base to finance these
increased costs and access to employment opportunities for such
population;
(c) The City Council of the City of Maplewood
("the City") has received from White Bear Avenue Associates, a
general partnership organized under the laws of the State of
Minnesota (the "Company") a proposal that the City undertake to
finance a Project hereinafter described, through the issuance
of revenue bonds in the form of a single debt instrument ("the
Note") pursuant to the Act;
(d) The City desires to facilitate the selec-
- tive development of the community, retain and improve the tax
base and help to provide the range of services and employment
opportunities required by the population; and the Project will
assist the City in achieving those objectives. The Yro7ect
will help to increase assessed valuation of the City and
surrounding areas and help maintain a positive relationship
between assessed valuation and debt and enhance the image and
reputation of the community;
(e) Company is currently engaged in the
business of real estate development. The Project to be
financed by the Note is an office/retail building facility to
be located in the City and leased to various tenants and
consists of the acquisition of land and the construction of
buildings and improvements thereon and will result in the em-
ployment of additional persons to work within the new
facilities;
- 26 - 10/1
(f) The City has been advised by representa-
tives of Company that conventional, commercial financing to pay
the capital cost of the Project is available only on a limited
basis and at such high costs of borrowing that the economic
feasibility of operating the Project would be significantly
reduced, but Company has also advised this Council that with
the aid of municipal financing, and its resulting low bor-
rowing cost, the Project is economically more feasible;
(g) Pursuant to a resolution of the City
Council adopted on August 20, 1981, a public hearing on the
Project was held on September 17, 1981, after notice was
published, and materials made available for public inspection
at the office of the Maplewood City Clerk, all as required by
Minnesota Statutes, Section 474.01, Subdivision 7b at which
public hearing all those appearing who so desired to speak were
heard;
(h) No public official of the City has either a
direct or indirect financial interest in the Project nor will
any public official either directly or indirectly benefit
financially from the Project.
NOY7, THEREFORE, BE IT RESOLVED by the City Council of the
City of Maplewood, Minnesota, as follows:
1. The Council hereby gives preliminary approval to the
proposal of Company that the City undertake the Project
pursuant to the Minnesota Municipal Industrial Development Act
(Chapter 474, Minnesota Statutes), consisting of the acqui-
sition, construction and equipping of facilities within the
City pursuant to Company's specifications suitable for the
operations described above and to a revenue agreement between
the City and Company upon such terms and conditions with
provisions for revision from time to time as necessary, so as
to produce income and revenues sufficient to pay, when due, the
principal of and interest on the Note in the total principal
amount of approximately $2,000,000-to be issued pursuant to the
Act to finance the acquisition, construction and equipping of
the Project; and said agreement may also provide for the entire
interest of Company therein to be mortgaged to the purchaser of
the Revenue Bonds; and the City hereby undertakes preliminarily
to issue its Note in accordance with such terms .and conditions;
2. On the basis of information available to this Council
it appears, and the Council hereby finds, that the Project
constitutes properties, real and personal, used or useful in
connection with one or more revenue producing enterprises
engaged in any business within the meaning of Subdivision la of
Section 474.02 of the Act; that the Project furthers the
purposes stated in Section 474.01, Minnesota Statutes; that the
availability of the financing under the Act and willingness of
the City to furnish such financing will be a substantial
- inducement to Company to undertake the Project, and that the
effect of the Project, if undertaken, will be to encourage the
development of economically sound industry and commerce, to
- 27 - l0/1
assist in the prevention of the emergence of blighted and
marginal land, to help prevent chronic unemployment, to help
the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the
_ population, to help prevent the movement of talented and
educated persons out of the state and to areas within the State
where their services may not be as effectively used, to promote
more intensive development and use of land within and adjacent
to the City and eventually to increase the tax base of the
community;
3. The Project is hereby given preliminary approval by
the City subject to the approval of the Project by the Com-
missioner of Securities, and subject to final approval by this
Council, Company, and the purchaser of the Note as to the ulti-
mate details of the financing of the Project;
4. In accordance with Subdivision 7a of Section 474.01
Minnesota Statutes, the Mayor of the City is hereby authorized
and directed to submit the proposal for the Project to the
Commissioner of Securities and Real Estate, requesting her
approval, and other officers, employees and agents of the City
are hereby authorized to provide the Commissioner with such
preliminary information as she may require;
5. Company has agreed and it is hereby determined that
any and all costs incurred by the City in connection with the
financing of the Project whether or not the Project is carried
to completion and whether or not approved by the Commissioner
will be paid by Company;
6. Briggs and Diorgan, Professional Association, acting as
bond counsel, and Juran and Moody, Inc., investment bankers,
are authorized to assist in the preparation and review of
necessary documents relating to the Project, to consult with
the City Attorney, Company and the purchaser of the Plote as to
the maturities, interest rates and other terms and provisions
of the Note and as to the covenants .and other provisions of the
necessary documents and to submit such documents to the Council
for final approval;
7. Nothing in this resolution or in the documents pre-
pared pursuant hereto shall authorize the expenditure of any
municipal funds on the Project other than the revenues derived
from the Project or otherwise granted to the City for this
purpose. The Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property or funds of
the City except the revenue and proceeds pledged to the payment
thereof, nor shall the City be subject to any liability
thereon. The holder of the Note shall never have the right to
compel any exercise of the taxing power of the City to pay the
outstanding principal on the Note or the interest thereon, or
to enforce payment thereof against any property of the City.
- 28 - 10/1
The Note shall recite in substance that the Note including
interest thereon, is payable solely from the revenue and
proceeds pledged to the payment .thereof. The Note shall not
constitute a debt of the City within the meaning of any
constitutional or statutory limitation;
8. In anticipation of the approval by the Commissioner of
Securities and Real Estate and the issuance of the Note to
finance all or a portion of the Project, and in order that
completion of the Project will not be unduly delayed when
approved, Company is hereby authorized to make such
expenditures and advances toward payment of that portion of the
costs of the Project to be financed from the proceeds of the
Note as Company considers necessary, including the use of
interim, short-term financing, subject to reimbursement from
the proceeds of the be financed from the proceeds of the Note
as Company considers necessary, including the use of interim,
short-term financing, subject to reimbursement from the
proceeds of the Note if and when delivered but otherwise
- without liability on the part of the City;
9. The actions of the City Clerk in causing public notice
of the public hearing and in describing the general nature of
the Project and estimating the principal amount of: the Note to
' be issued to finance the Project and in preparing a draft of
the proposed application to the Commissioner oL- Securities,
State of Minnesota, for approval of the Project, which has been
available for inspection by the public at the City Hall from
and after the publication of notioe of the hearing, are in all
respects ratified and confirmed.
10. If construction of the Project is not started within
one year from the date hereof, from and after
1981 this resolution shall have no force and effect and the
preliminary approval herein granted is withdrawn.
Adopted by the City Council of the City of Idaplewood,
Minnesota, this day of 1981.
/s/ John Greavu
Mayor
Attest:
/s/ Lucille Aurelius
City C er
Seconded by Councilman Nelson. Ayes - a11.
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J. NEW BUSINESS (continued)
- 2. Parking Restrictions: Brookview Drive
a. ManagerEvans presented the staff report with the recommendation that the
City Council prohibit on street parking on the north side of Brookview Drive from
the Merit Chevrolet access to the east a distance of 150 feet.
b. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 10 - 199
WHEREAS, after study-and due consideration of the staff report; and
WHEREAS, said City Council finds it to be reasonable and advisable; and
WHEREAS, the subject street is owned and maintained by the City of Maplewood;
and
WHEREAS, the imposing of said parking restrictions is in the best interest
of the health, welfare and safety of the citizens of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
That the City shall restrict the parking of motor vehicles at all times on
the north side of Brookview Drive, from the easterly edge ofthe Merit Chevrolet
driveway access to the east of said access, a. distance of 150 feet.
Seconded by Councilman Anderson. Ayes - a11.
3. Parking Restrictions: Larpenteur Avenue
a. Manager Evans presented the staff report.
b. Councilman Anderson introduced the following resolution and moved its adoption:
81 - 10 - 200
WHEREAS, the imposition of parking restrictions on Larpenteur Avenue from
White Bear Avenue to Kennard Street, is in the best interest of the health, welfare,
and safety of the citizens of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
AS FOLLOWS:
- That this Council request that Remsey County designate Larpenteur Avenue from
White Bear Avenue to Kennard Street a "No Parking" zone.
Seconded by Councilman Anderson. Ayes - a11.
4. Ordinance on State Aid for Streets (First Reading)
a. Manager Evans presented the staff report.
b. Mayor Greavu moved first reading. of an ordinancewhich will allow the use
of state street construction aid for the asphalt overlay program.
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Seconded by Councilman Anderson. Ayes - all.
5. Council Communication System
a. Manager Evans presented a proposal form Hi-Fi Sound toimprove thesound system
in the Council Chambers. You havebeen using a portion of the system at Councilmen
- Anderson and Nelson's seats along with an equalizer which was also on loan.
We have found during the test that there has been an improvment in what we have
been able to record on the tapes.
Prices were also received from ElectronicDesign Co. Their prices ranged from
$4,368 to $6,214 and include items which appear to be unnecessary.
I would recommend that weaccept the proposal of Hi-Fi Soundand that you authorize
the transfer of $1,344 from the contingency fund.
b. Councilman Anderson moved to accept the proposal from Hi Fi Sound for the
improvement of the Council Chambers Sound System in the amount of $1,344 and that
this amount_be transferred from the Contingency Fund.
Seconded by Mayor Greavu. Ayes - a11.
6. Maplewood Human Relations Commission
a. Manager Evans presented the following recommendation from the Human Relations
Commission:
- "Motion was moved by Commissioner Haynes, seconded by Commissioner Lynch, that
City Ordinance No. 405 governing composition of the Human Relations Commission
be changed to read:
The Commission shall consist of nine (9) members to be appointed by the Mayor
byand with the advice and consent of the Council.
Motion carried unanimously."
b. No action taken.
7. Special Exception - Pizza Time Theatre
a. Manager Evans presented the staff report with the following recommendation:
Approval of the special exception for the Pizza Time Theatre for one year, since
the use is a family oriented facility and should not be objectionable in the area.
Approval is subject to the following conditions:
1. A11 required licenses for operation shall be obtained from the City.
2. This permit may be renewed by the City Council after one year of operation,
provided there have been no problems caused by the facility.
b. Commissioner Dave Whitcomb presented the following Planning Commission recom-
mendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of the special exception for the Pizza Time Theatre for one year, since
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the use is a family oriented facility and should not be objectionable in the area.
Approval is subject to the following conditions:
1. All required licenses for operation shall be obtained from the City.
2. This permit may be renewedby the City Council after oneyear of operation,
provided there have been no problems caused by the facility.
Commissioner Pellish seconded. Ayes a11."
c. Mr. Mark Segal, representing Pizza Time Theatre, spoke onbehalf of the proposal.
d. Councilman Nelson moved to approve the special exception for Pizza Time Theatre,
2950 White Bear Avenue,to have coin operated games andamusements subject to
the following conditions:
1. All required licenses for operation shall be obtained from the Gity.
2. This permit may be renewed by the City Council after one year of operation,
provided there have been no problems caused by the facility.
Seconded by Councilman Anderson. Ayes - all.
8. Plan Amendment: Lydia Avenue, Arie1 Street and County Road D
a. Manager Evans presented the staff reportwith the following recommendation:
L. Approval of an amendment to the southerly site changing the Rh designation
to Rm on the basis that:
1. Rh is not consistent with the character of the area.
2. The elderly housing for which this designation was attached is no longer
- planned for this site.
II. Retain the Rm designation on the southerly site, on the basis that:
1. There have been no changed conditions from the original Plan.
2. The Rm designation would maintain the optionfor a wider variety of housing
in that area.
III. Amend the westerly portion of the southerly site from SC, Service Commercial
to Rm, Residential Medium-Density on the basis that:
1. Rm is more consistent with the character of the area.
2. The previous Rh is no longer there requiring the SC buffer.
b. Commissioner Dave Whitcomb presented the following Planning Commission recom-
mendation:
"l. Rh is not consistent with the character of the area.
2. The elderly housing for whick this designation was attached is no longer
planned for this site.
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Commissioner Fischer seconded. Ayes a11.
Commissioner. Whitcomb moved the Planning Commission recommend the Rm designations
be retained on the southerly site, on the basis that:
1. There have been no changed conditions from the original Plan.
2. The Rm designation would maintain the option for a wider variety of housing
in that area.
CommissionerFischer seconded. Ayes a11.
Commissioner Whitcomb moved the Planning Commission recommend to amendthe westerly
portion of thesoutherly site from SC, Service Commercial to Rm, Residential Medium
Density on the basis that:
1. Rm is more consistent with the character of the area
2. The previous Rh is no longer there requiring the SC buffer.
Commissioner Fischer seconded. Ayes a11."
- c. Mr. John Schor, Planning Consultant, Dahlgren and Associates, spoke regarding
the proposal.
d. Mr. Robert Hajicek, 1700 E. County Road D, presented his opinions.
e. Councilman Anderson moved to approve the plan amendmentas recommended by
staff and Planning Commission and introduced the following resolution and moved
its adoption:
81 - 10 - 201
WHEREAS, the Maplewood City Council and the Maplewood Planning Commission
have prepared and adopted a Comprehensive Community Plan in compliance with the
requirements of Section 462.355 of the State Planning Enabling Legislation; and
WHEREAS, said Section 462.355 provides for subsequent amendment of saidCom-
prehensive Plan which reflect changed conditions; and
WHEREAS, the Maplewood PlanningCommission has conducted the required public
hearing and has given consideration to all evidenceand testimony submitted at
such hearing held on September 21, 1981 and has adopted said amendment and forwarded
said amendment to the City Council for certification; and
WHEREAS, the Maplewood City Council has reviewed said amendment;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby adopts
and amends the Comprehensive Plan for Maplewood.
Seconded by Counclperson Juker. Ayes - Mayor Greavu, Councilperson
Juker, Councilmen Anderson
and Nelson.
Councilman Bastian abstained.
9. Plan Amendment: I-494 and Century Avenue
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a. Manager EVans presented. the staff-report with the-following recommendation:
I. Approval of the Plan amendment on the basis that:.
1. The August 26 report by the MetropolitanCouncil staff concludes that:
"Construction of an interchange between Valley Creek Road and Highway
61 would be premature any time before 20000"
2. Federal funds are not available for an interchange. Financing would have
to come from State, County, or local sources.
- 3. Neither Ramsey County or the State Department of Transportation show an
interchange in this area on their transportation plans.
4. The Lakeridge development in Woodbury would make the Century Avenue location
unfeasible.
II. Amend the Plan to change the SC designation northwest of the interchange to
RL, except for the property currently zoned BC at the southwest corner of
Highwood and Century Avenues, on the basis that:
1. Omitting the interchange makes it more probable that this land will develop
residentially, rather than commercially.
2. The commercial exception recognizes the existing business at Highwood
and Century Avenues.
Commissioner Dave Whitcomb presented the following PlanningCommission recommendation:
"Commissioner Pellish moved the Planning Commission recommend the current Plan
and Plan Update omit the interchangeproposal at I-494 and Century Avenue on the
basis that:
1. The-August 26 report by the Metropolitan Council staff concludes that:
"Construction of an interchange between Valley Creek Road and Highway 61 would
be prematureany time before 2000."
2. Federal funds are not available for an interchange. Financing wouldhave
to come from State, County, or local sources.
3.. Neither Ramsey County or the State Department of Transportation show an inter-
change in this area on their transportation plans.
4. The Lakeridge development in Woodbury would make the Century Avenue location
unfeasible.
Commissioner Whitcomb seconded. Ayes a11.
Commissioner Pellish moved the Planning Commission recommend the current Plan
and Plan Update be amended to change the SC designation at the northwest corner
of the interchange to Century and Highwood to RL, Residential Lower Density,
except for the property currently zoned BC at the southwest corner of Highwood
and Century Avenues, on the basis that:
1. Omitting the interchange makes it more probable that this -land will develop
residentially, rather than commercially.
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Z. 'The commercial exception recognizes the existing busihessat Highwood
and Century Avenues.
Commissioner Whitcomb seconded. Ayes all:"
c. Councilman Anderson moved to aprpove the plan amendment as recommended by
the Staff and Planning Commission and introduced the following resolution and
moved its adoption:
81-10-202
WHEREAS, the Maplewood City Council andthe Maplewood Planning Commission
have prepared and adopted a Comprehensive Community Plan in compliance with the
requirements of Section-462.355 of the State Planning Enabling Legislation; and
WHEREAS, said Section 462.355 provides for subsequent amendment of said Com-
prehensive Plan which reflect changed conditions; and
WHEREAS, the Maplewood Planning Commission has conducted the required public
hearing and has given consideration to all evidence and testimony submitted at
such hearing held on September 21, 1981 and has adopted said amendment and forwarded
said amendment to the CityCouncil for certification; and
WHEREAS, the Maplewood City Council has reviewed said amendment;
NOW, THEREFORE, BE IT RESOLVED that theMaplewood City Council hereby adopts
- and amends the Comprehensive Plan for Maplewood.
Seconded by Councilman Nelson. Ayes - a11.
10. Joint Meeting -
- a. Manager Evans stated the City Council, at their September 17 meeting, asked
for a j-oint meeting with t he Planning Commission and Community Design Review Board.
The Commission and. Board have recommended that the meeting be held on October
- 28 at 7:30 P.M. in the Council Chambers.
b. Councilman Anderson moved to establish October 28, 1981 at 7:30 P.M. as a
joint meeting with the Planning Commission.
Seconded by Mayor Greavu: Ayes - a11.
- 11. North Hazelwood Park: Contract Amendment
a. Councilperson Juker introduced the following resolution and moved its adoption:
81 - 10 - 203
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Im-
provement Project no. 80-2 and has let a construction contract therefore; and
WHEREAS, it is now necessary and expedient that siad contract be modified
and designated as Improvement Project No. SO-2, Contract Amendment #1;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,MINNESOTA,
that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Contract Amendment #1.
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Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilperson
Jukes, Councilmen Anderson
and Nelson.
Nays -Councilman Bastian.
12. Easement Payments 75-I6
a. Manager Evans presented a letter from the City Attorney's office recommending
payment for acquisition of an easement for a completed construction project.
Due to an oversight the easement was not acquired during construction of Project
75-16. It is recommended the City Council authorize payment of $1,100.00 for
the subject easement.
b. Councilperson Jukes moved authorization of thepayment of $1,100.00 to Alice
Sether for acquisition of an easement for Project 75-16.
Seconded by Councilman Anderson. Ayes - a11.
K. COUNCIL PRESENTATIONS
1. Letters
a. Councilman Anderson moved letters of apprecatiom. be forwarded to the persons
who participated in the Air Disaster Drive put on by the Department of Emergency
Preparedness.
Seconded by Councilman Nelson. Ayes - all.
2. Commercial Areas - Zoning
a. Councilman Anderson commented on the Commercial Areas in the Land Use Plan.
He questioned if hewill have an opportunity to review the Plan before or after
it goes,to the Metro Council.
b. The Council will review the Plan before it is finalized.
3. Cable TV
a. Councilman Anderson commented on a proposal that he would like to bring before
the Cab 1e TV Commissionregardingthe voting procedure. He feels Maplewood should
have more votes. Would the Council support him?
b. Council indicated they would support him.
4. Junction - Water Problem
a. Councilman Anderson commented ona problem with drainage that Mr. Otto on Junc-
tion Avenue is experiencing.
b. No action taken.
5. Concordia Arms
a. Councilman Bastian questioned ifConcordia Armswas going to take care of
the fencing and drainage before the occupancy permit is issued.
b. Staff will investigate. These problems have-been directed to the Building
Inspection Department.
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6. Maplewood Plaza
a. Councilman Bastian stated he had received calls from his neighbors regarding
the trash pickup for the Maplewood Plaza. The papers are blowing around. The
dumpsters have fluid draining from them. Trash is picked up as late as 11:00
P.M. on a Sunday evening. He also mentioned that the sidewalks run along Ariel
and stop about ten feet before the curb. This will become a problem for the senior
citizens when Concordia Arms is occupied.
b. Staff will investigate:
7. Street Lettering
a. Councilman Bastianquestioned what is the proceudre once a stop sign is in-
stalled but is not obeyed: Would a warning before the stop sign help or "STOP"
painted on the roadway.
b. Staff stated they could not recommend any of the things mentioned because
that is not an appropriate place for that type of sign.
c. No action taken.
8. Comments - Highway 120
Discussed after Item J-1.
L. ADMINISTRATIVE PRESENTATIONS
1. Police Sergeants Salaries
a. Manager Evans presented the staff report.
b. Councilman Bastian moved that the following be approved for the Police Sergeants
salaries:
Percentage Increase for 1981 be same as patrolman (increase sergeants wages for
1981 by .one-half percent).
Percentage Increase for 1982 be same as patrolman
$25.00 per month beginning January 1, 1981 and additional $25.00 per month begin-
ing July 1, 1982.
Seconded by Councilman Anderson. Ayes - all.
M. ADJOURNMENT
10:43 P.M.
City Clerk
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