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HomeMy WebLinkAbout05.14.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 14, 1984 Council Chambers, Municipal Building Meeting No. 84 -10 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 C 0 M John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present APPROVAL OF MINUTES 1. Minutes No. 84 -09 (April 23, 1984) Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -09 (April 23, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Slopes 2. Nighwood Avenue 3. Trailer Park 4. A.M.M. 5. Nature Center 6. Police Budget Seconded by Councilmember Wasiluk. Ayes - all. CONSENT AGENDA Council removed Items E -2 and 7 from the Consent Agenda to become Items I -6 and 7. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda Items 1, 3 through 6 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check Register dated 04 -27 -84 through 05- 04 -84'- $214,982.51: Part II - Payroll - Checks dated 05 -04- 84 - $63,518.02) in the amount of $278,500.53. 2. Budget Transfer - Administrative Intern - 1 - 5/14 See Item I -6 3 Donation From Maplewood Coin Club Accepted the $100 donation from the Maplewood Coin Club and designate it for the purchase of cardtables to be used at the Heritage Center and also that a letter expressing appreciation and gratitude be sent to the Coin Club. 4. Public Hearing Industrial Revenue Note - Kinder Care Learning Center - County Road D Resolution No. 84 -5 -62 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the 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 Kinder -Care Learning Centers, Inc., a corporation organized under the laws of the State of Delaware (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of 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 Company it is necessary for the City to hold a public hearing 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 the proposal of the Company 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 attached form of Notice of Hearing., 3. A draft copy of the proposed application to the Energy and Economic Develop- ment Authority, 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. 4. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspater and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. - 2 - 5/14 Adopted by the City Council of the City of Maplewood;. Minnesota, this 14th day of May, 1984. Attest: /s/ Lucille E. Aurelius City Clerk /s/ John C. Greavu ayor NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT Notice is hereby given that the City Council of the City of Maplewood, Minnesota will meet at the City Hall in the City of Maplewood, Minnesota, at 7:10 p.m. on June 11, 1984, to consider the proposal of Kinder -Care Learning Centers, Inc., that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project The proposed project shall consist of the acquisition of land and the construction thereon of a 5,000 square foot child learning and day care facility to be located on the North side of County Road D, South of Highway 694, and West of White Bear Avenue (100 feet West of the Midas Muffler Shop) in the City of Maplewood, Minnesota. The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance this project is $400,000. The project will be initially owned and operated by Kinder -Care Learning Centers, Inc. The 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 bill be payable from sums to be paid by Kinder -Care Learning Centers, Inc. pursuant to a revenue agreement. A draft copy of the proposed application to the Energy and Economic Development Authority, State of Minnesota, for approval of the project, together will all attach- ments and exhibits thereto, is available for public inspection beginning May 15, 1984, from 9:00 a.m. to 4:30 p.m., Monday through Friday, at the City Hail in Maplewood, Minnesota. At the time and place fixed for the Public Hearing, the City Council of the City of Maplewood will give all persons who appear the the hearing an opportunity to express their views with respect to the - proposal. Dated thes 14th day of May, 1984. (BY ORDER OF THE CITY COUNCIL) By /s/ Lucille Aurelius City Clerk 5. Home occupation Renewal - 1564 E. Grandview - 3 - 5/14 Approved the renewal of the conditional use permit for a tool sharpening service as a home occupation at 1564 E. Grandview for a five year period, subject to the applicant obtaining his yearly license. 6. Time Extension: Bennington Woods Approved a two -year time extension for the Bennington Woods preliminary plat, on the basis the applicant is making a good faith effort to develop the site in a timely manner. EA PRESENTATIONS Charles Wiger, Metropolitan Council Judy Fletcher, Metropolitan Waste Contorl Commission Mr. Wiger presented an update on the several issues before the Metro Council at this time. Mrs. Flatcher introduced Mr. Dick Berg, Controller and Mr. Ray Ode, Community Services Director, who in turn explained the workings of the Metropolitan Waste Control Commiss- ion. F. PUBLIC HEARINGS 1. I. D.R. Refinancing - Commercial Partners - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Commercial Partners for a $1,100,000 Commercial Revenue Note to refinance the construction of their building at 1870 Beam Avenue. (Hirschfields) b. Manager Evans presented the staff report. c. Ms. Mary Dyrseth, Briggs and Morgan, explained the proposal. 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 introduced the following resolution and moved its adoption: 84 -5 -63 PROVIDING FOR THE ISSUANCE AND SALE OF A REFUNDING REVENUE NOTE PURSUANT TO CHAPT.FR 474, MINNESOTA STATUTES, TO PROVIDE FUNDS TO BE LOANCE TO COMMERCIAL PARTNERSAIAPLEWOOD FOR INDUSTRIAL DEVELOPMENT PROJECT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD (the "City ") as follows: 1. Authority. The City is, by the Constitution and Laws of the State of Minnesota armies; as amended (the "Act ") authorized to issue and sell its rev - enue notes for the purpose of undertaking an authorized project, to issue and sell notes to evidence temporary loans to be repaid from the proceeds of revenue notes -• 4 - 5/14 when issued and to issue revenue notes to refund, in whole or in part, notes previously issued by the City and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act and to pledge revenues of the project and otherwise secure such notes. 2. Authorization of Note and Series of Notes. The City Council adopted a resolution on February 19, 1981 (the "Resolution ") authorizing the issuance and sale of a revenue note of the City in the aggregate principal amount of One Million One Hundred Thousand Dollars ($1,100,000) pursuant to the Act to provide money to be loaned to Commercial Partners /Maplewood, a Minnesota general partnership (the "Partnership "), to finance costs of acquiring, constructing and equipping a commercial building in the City (the Project Building") to be owned by the Partnership and leased to various tenants, together with necessary equipment (the "Project Equipment ") to be located permanently in and become a part of the Project Building or the site thereof (the "Project Site ") and necessary site improvements (collectively the "Project" as more fully defined in the Loan Agreement hereinafter mentioned). In anticipation of the issuance of the permanent revenue notes authorized by the Resolution and in order to provide temporary financing for the Project, the City issued and sold its $1,100,000 City of Maplewood Industrial Development Revenue Bond (Commercial Partners /Maplewood Project) (the "Temporary Note ") which matured on February 1, 1983. The City Council also issued and sold its $1,100,000 Industrial Development Permanent Revenue Note (Commercial Partners /Maplewood Project) (the "Permanent Note ") pursuant to the resolution adopted by this City Council on January 24, 1983. The City Council shall now issue and sell its $1,100,000 Industrial Development Refunding Revenue Note (Commercial Partners /Maplewood Refunding Project (the "Note "). The City Council hereby determines that it is desirable and expedient to authorize, and the City Council does hereby authorize, the issuance and sale of the Note of the City in the aggregate principal amount of One Million one Hundred Thousand Dollars ($1,100,000) to refund the Permanent Note. 3. Documents Presented. Forms of the following documents (the 7Note Documents; 7Frelating to the Note and the Project have been submitted to and examined by the City Council and are now on file in the office of the City Clerk: (a) Loan and Purchase Agreement (the "Loan Agreement ") among the Municipality, the Partnership and National City Bank of Minneapolis (the "Bank ") dated as of May —, 1984; (b) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage") dated as of May _, 1984, by and between the Partnership and the Bank, whereby the Partnership mortgages the Project Site, the Project Building and the Project Equipment (the "Project Facilities ") as security for the Note (this document not to be executed by the City); - 5 - 5/14 (c) Loan Agreement Assignment (the "Assignment ") dated as of May _, 1984, whereby the City assigns to the Bank all of its interest in the Loan Agreement and Loan Repayments of the Partnership thereunder (subject to the provisions of Section 7.05), for the purpose of securing the full and prompt payment of the Note; and (d) Assignment of Rents and Leases (the "Lease Assignment ") dated as of May _, 1984 from the Partnership to the Bank, whereby the Partnership assigns the rents and leases of the Project to the Bank as security for the Note (this document not to be executed by the City). 4. Findings. It is hereby found, determined and declared that: (a) The Project, as described in paragraph 2 hereof and in the Loan Agreement, based upon the representations of the Partnership, constitutes a revenue producing enterprise and is a project authorized by and - described in Section 474.02, Subd. Is of the Act. (b) The purpose of the Project is and the effect thereof will be to promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; the development of sound industry and commerce 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; halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; adding to the tax base of the City and the county and school district in which the Project Facilities will be located. (c) The Project has been approved by preliminary resolution of the Council duly adopted August 7, 1980, after a public hearing thereon, duly called and held and has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act and on May 14, 1984, after reasonable public notice thereof, a public hearing was held pursuant to Section 103(k) of the Internal Revenue Code, at which hearing all parties who appeared were given an opportunity to express their views with respect to the Project. (d) The issuance and sale of the Note, the execution and delivery of the Loan Agreement and the Assignment and the performance of all covenants and agreements of the City contained in the Note, the Loan Agreement and the Assignment, and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the.Note, Loan Agreement and the Assignment valid and binding obligations of the City in accordance with their terms, are permitted by the Act. - 6 - 5/14 (e) There is no litigation pending or, to the best of its knowledge threatened, against the City relating to the Project or to the Note or the Note Documents, or questioning the organization of the City or its power or authority to issue the Note or execute and deliver the Loan Agreement and the Assignment. (f) The execution and delivery of and performance of the City's obligations under the Note, the Loan Agreement and the Assignment have been fully authorized by all requisite action and do not and will not violate any law, any order of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (g) The Loan Agreement provides for payments by the Partnership to the Holder of the Note for the account of the City of such amounts as will be sufficient to pay the principal of and interest on the Note when due. No reserve funds are deemed necessary for this purpose. The Loan Agreement obligates the Partnership to provide for the operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. (h) As required by the provisions of Section 474.10 of the Act, the Note shall recite that the Note is not to be payable from nor charged upon any funds other than amounts payable by the Partnership pursuant to the Loan Agreement which are pledged to the payment thereof, and, in the event of default, moneys derived from foreclosure or other enforcement of the Note Documents; the City is not subject to any liability thereon; no Holder of the Note shall ever have the right to compel the exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City; the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and such Note does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation 5. ,Approval and Execution of Documents. The forms of the Mortgage, Loan Agreement, Lease Assignment and Assignment referred to.in paragraph 3 are approved. The Loan Agreement and Assignment shall be executed in the name and on behalf of the City by the Mayor and the City Clerk in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law,'as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The - 7 - 5/14 Mortgage and the Lease Assignment may contain such revisions as may be approved by the Bank and the Partnership. The Mayor and City Clerk are authorized to execute and deliver, on behalf of the City, such other documents as are required by the Loan Agreement. 6. Approval of Terms and Sale of Note. In order to refund the Permanent Note, the City shall proceed forthwith to issue its City of Maplewood Industrial. Development Refunding Revenue Note (Commercial Partners /Maplewood Refunding Project), in the authorized principal amount of $1,100,000 substantially in the form, maturing, bearing interest, payable in the installments and otherwise containing the provisions set forth in the form of Note attached hereto as Exhibit 1, which terms and provisions are hereby approved and incorporated in this Note Resolution and made a part hereof. A single fully registered Note, substantially in the form of Exhibit 1 to this Note Resolution, shall be issued and delivered to the Bank in the authorized principal amount of $1,100,000 and as authorized by the Act, principal of and interest on the Note shall be payable at the office of the registered owner thereof as it appears on the registration records maintained by the City Clerk in lawful money of the United States of America. The proposal of the Bank to purchase such Note at a price of $1,100,000 (100% of par value) is hereby found and determined to be reasonable and is hereby accepted. 7. Execution Delivery and Endorsement of Note. The Note may be in typewritten or printed form and shall be executed by the manual signatures of the Mayor and the City Clerk and the official seal of the City shall be affixed thereto. When so prepared and executed, the Note shall be delivered to the Bank upon payment of the purchase price therefor, and upon receipt of the signed legal opinion of Briggs 6 Morgan of Minneapolis and St. Paul, Minnesota, bond counsel, pursuant to the Loan Agreement. The Note shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive jevidence of the validity and regularity of the issuance thereof. 8. Registration Records. The City Clerk, as bond registrar, shall keep a bond register in which the City shall provide for the registration of the Note and for transfers of the Note. The City Clerk is authorized and directed to deliver a certified copy of this Note Resolution to the County Auditor of Ramsey County, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Note on the County's bond register as required by the Act and Section 475.63, Minnesota Statutes. 9. Mutilated, Lost Stolen or Destroyed Note. If the Note is mutilated, lost, stolen or destroyed, the City may execute and deliver to the Holder a new Note of like amount, date, number and tenor as that mutilated, lost, stolen or destroyed; provided that, in the case of mutilation, the - 8 - 5/14 mutilated Note shall first be surrendered to the City, and in the case of a lost, stolen or destroyed Note, there shall be first furnished to the City and the Partnership evidence of such loss, theft or destruction satisfactory to the City and the Partnership, together with indemnity satisfactory to them. The City and Partnership may charge the Holder with their reasonable fees and expenses in replacing any mutilated, lost, stolen or destroyed Note. 10. Transfer of Note; Person Treated as Holder. 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 initially registered in the name of the Bank and shall be transferable upon the Note Register by the Bank 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 Bank 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 Paragraph 17. Dated: Registered Owner Upon such transfer the City clerk shall note the date of registration and the name and address of the new owner in the Note Register and in the registration blank appearing on the Note. The Holder seeking to transfer ownership of the Note shall also give written notice thereof to the Partnership. The Note shall continue to be subject to successive transfers at the option of the Holder of the Note. No service charge shall be made for any such transfer, but the City Clerk may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The person in whose name -the Note shall be issued or, if transferred, shall be registered from time to time shall be deemed and regarded as the absolute Holder thereof for all purposes, and payment of or on account of the principal of and interest on the Note shall be made only to or upon the order of the Holder thereof, or its attorney duly authorized in writing, and neither the City, the City Clerk, the Partnership, nor the Bank shall be affected by any notice to the contrary. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid. - 9 - 5/14 11. Amendments Changes and Modifications to Loan A reement, Assi nment and this Note Resolution. Except pursuant to Section 9.03 o the Loan Agreement, the City shall not enter into or make any change, modification, alteration or termination of the Loan Agreement, Assignment or this Note Resolution. 12. Pledge to Holder. Pursuant to the Assignment, the City shall pledge and assign to the Bank and its successor Holders of the Note all interest of the City in the revenues of the Project and the Project Facilities, including all Loan Repayments to be made by the Partnership under the Loan Agreement and moneys derived from enforcement of the Note Documents in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and the Assignment. 13. Covenants with Holders; Enforceability. All provisions of the Note and of this Note Resolution and all representations and undertakings by the City in the Loan Agreement are hereby declared to be covenants between the City and the Bank and its successor Holders of the Note and shall be enforceable by the Bank or any Holder in a proceeding brought for that purpose, provided that no such covenant, representation or undertaking shall ever give rise to any pecuniary liability of the City, its employees, officers or agents or constitute a charge against its general credit or taxing powers. 14. Definitions and Interpretation. Terms not otherwise defined in this Note Resolution but defined in the Loan Agreement shall have the same meanings in this Note Resolution and shall be interpreted herein as provided therein. Notices may be given as provided in Section 9.01 of the Loan Agreement. in case any provision of this Note Resolution is for any reason illegal or invalid or inoperable, such illegality or invalidity or inoperability shall not affect the remaining provisions of this Note Resolution, which shall be construed or enforced as if such illegal or invalid or inoperable provision were not contained herein. 15. Election Under Internal Revenue.Code. The City hereby elects that the provisions of Section 103 b)(6)(D) of the Internal Revenue Code of 1954 (the "Code ") and Reg. §1.103 -10(b) (2)(vi) thereunder, permitting the issuance of tax exempt industrial development bonds in amounts up to $10,000,000 under certain conditions, shall apply to the Note, and the Mayor, the City Manager or City Clerk or any of them are authorized to exeipute and file the appropriate form of election under the Code and Regulations with the Internal Revenue Service. 16. Certifications. The Mayor, City Manager, City Clerk and other officers of the City are authorized and directed to prepare and furnish to Briggs & Morgan, bond counsel, to the Partnership, to the Bank and to counsel for the Partnership and the Bank, certified copies of all proceedings and records of the City relating to the Project and the Note, and such other affidavits and certificates as may be required 10 - 5/l4 to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certifi- cates and affidavits, including any heretofore furnished, shall constitute repre- sentations of the City as to the truth of all statements contained therein. 17. Limiatation on note transfers: The tration under sae or 6YFer securities laws, issuance; and accordingly the Note may not be or part, nor may a participation interest in participation agreement, except in accordance such registration requirements. EXHIBIT 1 TO NOTE RESOLUTION (Form of Note) Note has been issued without regis- pursuant to an exemption for such assigned or transferred in whole the Note be given pursuant to any with an applicable exemption from UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Industrial Development Refunding Revenue Note (Commercial Partners /Maplewood Refunding Project) No. R -1 $1,100,000 The City of Maplewood, a municipal corporation in the County of Ramsey and State of Minnesota (the "City "), for value received, hereby promises to pay, but solely from the source and in the manner hereinafter provided, to National City Bank of Minneapolis (the "Bank ") or registered assigns the principal sum of One Million One Hundred Thousand Dollars ($1,100,000), in installments as hereinafter provided, and to pay to the owner hereof interest on the outstanding and unpaid balance of such principal sum from the date hereof until said principal sum is paid, at a rate of 11.00% percent per annum (the "Tax Exempt Rate ") computed on the basis of the actual number of days elapsed in a 360 day year. Principal and interest on this Note shall be paid in equal monthly installments of $ BEGINNING ON June 1, 1984, and monthly thereafter on the first day of each:montF- to and including December 1, 2010, such installment payments to be applied first to accrued and unpaid interest and next to principal, and on January 1, 2011 the unpaid principal of and interest on this Note shall be paid. Principal and interest shall be paid to the registered holder hereof (the "Holder ") in lawful money of the United States at its address as it appears on the registration records maintained by the City Clerk. This Note is issued pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes, as amended (the "Act "), and in conformity with the provisions, restrictions and limitations thereof. This Note is not payable from nor charged upon any funds other than amounts payable by the Partner- ship, hereinafter mentioned, pursuant to the Loan Agreement, hereinafter mentioned, which are pledged to the payment hereof and in an Event of Default (as defined in the Loan Agreement); moneys derived from the foreclosure or Lease Assignment. The City is not subject to any liability hereon; no Holder of this Note shall ever have the right to compel the exercise of the taxing power of the City to - 11 - 5/14 pay this Note or the interest hereon, nor to enforce payment hereof against any property of the City; and this Note shall not constitute a charge, lien or encum- brance, legal or equitable upon any property of the City; and this Note does not constitute an indebtedness of the City within the meaning of any constitut- ional or statutory limitation. This note is a special obligation in the principal amount of $1,100,000, which has been authorized by law to be issued and has been issued for the purpose of refunding a permanent loan from the City to the Commercial Partners /Maplewood, a Minnesota general partnership (the "Partnership ") to finance costs of acquiring a site for and constructing and equipping a commercial retail building in the City to be owned by the Partnership and leased to various tenants (the "Project "). This Note is issued pursuant to a Loan and Purchase Agreement by and among the City, the Partnership and the Bank, dated as of May , 1984 (the Assignment between the City and the Bank dated as of May _7994 (the "Assignment "), the Loan Agreement, the Note Resolution, a Combination Mortgage, Security Agree- ment and Fixture Financing Statement by the Partnership to the Bank of Rents and Leases dated as of May , 1984 by the Partnership to the Bank, (the "Lease Assignment ") to which Loan-A—greement, Assignment, Note Resolution, Mortgage, Lease Assignment and amendments thereof reference is hereby made for a description and limitation of the revenues and funds pledged and appropriated to the payment of the Note, the nature and extent of the security thereby created, the rights of the Holder of the Note, the rights, duties and immunities of the Bank and the rights, immunities and obligations of the City thereunder. Certified copies of the Note Resolution and executed counterparts of the Loan Agreement, the Assign- ment, Mortgage and Lease Assignment are on file at the office of the City Clerk. This Note shall be subject the option of the City, at the upon prepayment to the Bank o f plus accrued interest thereon in the following table for the Redemption Date First Loan Year Second Loan Year Third Loan Year Fourth Loan Year Fifth Loan Year Sixth Loan Year Seventh Loan Year Eighth Loan Year Ninth Loan Year Tenth Loan Year to prepayment on any interest payment date at request of the Partnership, in whole or in part, the principal amount of the Note to be prepaid to the redemption date and a premium set forth ,designated redemption dates: Premium 5% 4 -1/2% 4% 3 -1/2% 3% 2 -1/2% 2% 1 -1/2% 1% 0% Loan Year means the successive one -year periods commencing on June 1, 1984 and subsequent Loan Years commencing on successive anniversaries of June 1, 1984. All such prepayments shall be applied to installments of principal last maturing in inverse order and shall not affect the date or amount of intervening install- ments. Notice of any such prepayment shall be given to the owner or registered assigns of this Note by certified or registered mail, addressed to him at his registered address, not less than thirty (30) days prior to the date fixed for prepayment, and shall be published, if required by law, in a financial journal circulated in the English language in the cities of Minneapolis or St. Paul, Minnesota, at least once, not less than thirty (30) days before the date so fixed for pre- i0 9 /lA payment. At the date fixed for prepayment, funds shall be paid to the owner hereof at the office of the Bank or shall be deposited with the Bank, sufficient to pay the Note, or the principal amount thereof to be prepaid and accrued interest thereon. Upon the happening of the above conditions, the Note thus called or the principal portions thereof prepaid shall not bear interest after the date of prepayment. This Note is subject to special mandatory redemption on February 1, 1994 at the option of the Bank unless the special mandatory redemption shall be waived in writing by the Bank or any subsequent holder of the Note, at least 180 days prior to said redemption date. Notwithstanding anything herein to the contrary, if a Determination of Tax- ability (as defined in the Loan Agreement) shall be made, the rate of interest on this Note shall automatically increase to a rate which shall at all times be publicly announced from time to time by the Bank as its prime rate of interest (the "Taxable Rate ") and this Note shall be deemed to have borne interest at such fixed or variable Taxable Rate from the Date of Taxability; and the Partner- ship shall upon written notice from the Holder of the Determinination of Taxability, pay to the Holder hereof as additional interest the difference between the amount of interest actually paid on the Note from the Date of Taxability and what would have been due at the Taxable. Rate (regardless of whether the Bank is the present Holder or if the Note has been paid or redeemed) and thereafter the Partnership shall pay such increased installments of principal and interest at such Taxable Rate in equal monthly installments of principal and interest over the remaining maturity of this Note. The Partnership shall also pay the amounts of any interest, penalties, additions to tax and additional amounts referred to in Subchapter A of Chapter 67 and Subchapters A and B of Chapter 68 of the Internal Revenue Code or which the Bank has become liable as a result of a Determination of Tax- ability. This Note is transferable, as provided in the Note Resolution, only upon the bond register of the City Clerk, as bond registrar, by the owner hereof it person or by his duly authorized attorney, as provided in the Note Resolution. In case an Event of Default as defined in the Loan Agreement occurs, this Note and the Loan Repayments (as defined in the Loan Agreement) thereafter to become due under the Loan Agreement may become immediately due and payable, in the manner and with the effect and subject to the conditions provided in the Loan Agreement. The Holder of this Note shall have the right to enforce the provisions of the Note Resolution, Loan Agreement, Assignment, Lease Assignment and Mortgage. The terms and provisions of the Note Resolution, Loan Agreement, Assignment, Lease Assignment and Mortgage, or of any instrument supplemental thereto, may be modified or altered pursuant to Section 9.03 of the Loan Agreement and para- graph 11 of the Note Resolution. 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 partici- pation interest in the Note be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration require- ments. It is recognized that the obligations of the Partnership are non - recourse obligations to the extent provided in Section 8.04 of the Loan Agreement. - 13 - 5/14 It is hereby certified and recited and the City Council has found: That the Project is an eligible "project" defined in Section 474.02, Subd. la of the Act; that the issuance of this Note and the acquisition and construction of the Project will promote the public welfare and carry out the purposes of the Act; that the Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act; that all acts, conditions and things required to be done precedent to and in the issuance of this Note have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; and that this Note does not constitute a debt of the City within the meaning of any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Maplewood, by its City Council, has caused this Note to be signed in its behalf by the manual signatures of the Mayor and the City Clerk and sealed with the corporate seal of the City, all as of the day of , 1984. (Seal) CITY OF MAPLEWOOD By /s/ John Greavu Mayor And By /s/ Lucille Aurelius City Clerk PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance 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 Registration Name and address Registered Owner Seconded by Councilmember Maida. 2. Code Amendment: P.U.D. 7:15 P.M. a. Mayor Greavu convened the meeting for a public Code Amendment to require four votes for approval (PUD) rather than the majority vote now required. Signature of Clerk Ayes - all. hearing regarding a proposed of a planned unit development b. Manager Evans presented the staff report. c. Mayor Greavu called for proponents. None were heard. - 14 - 5/14 d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved to refer the Director of Community Development or recyc Seconded by Councilmember Maida. iosed code amendment back to the Ayes - all. 3. Code Amendment: L.B.C. District - 2nd Reading (4 votes) 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a code amendment to allow office clinic and day care center uses in an LBC limited bus- iness commercial zone without Council approval. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council approve the ordinance allowing offices, clinics day care centers and similar uses in the LBC zone. Commissioner Hejny seconded Ayes - Commissioner- Axdahl, Fischer, Hejny, Larson, Pellish, Robens, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO.567 AN ORDINANCE ALLOWING OFFICES, CLINICS AND DAY CARE CENTERS AS PERMITTED USES IN THE LBC ZONE THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36 -154. LBC LIMITED BUSINESS COMMERCIAL DISTRICT is hereby amended to read as follows: (a) Permitted uses: offices, medical or health related clinics and day care centers. Section 2. This ordinance shall take .effect upon its passage and publication. Seconded by Councilmember Wasiluk. G. AWARD OF BIDS None. Ayes - all. - 15 - 5/14 H, UNFINISHED BUSINESS 1. Holloway Avenue Assessments a, Manager. Evans presented the staff report. b, Director of Public Works Haider presented the specifics of the proposal and how the rates were calculated. c. Councilmember Anderson introduced the following resolution and moved its adoption: 84- 5 -64 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement of Holloway Avenue, Project No. 81 -12; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City. Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Maida. Ayes - all. d. Councilmember Anderson introduced the following resolution and moved its adoption: 84- 5 -65 WHEREAS, the Clerk and the Engineer will, at the direction of the Council, prepare an assessment roll for the construction of Holloway Avenue Improvement, Project No, 81 -12, and the said assessment roll will be on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: I. A hearing shall be held on the 11th day of June, 1984, at the City Hall at 6 :30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2, The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3, The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilmember Maida. Ayes - all. - 16 - 5/14 2. County State Aid Designation a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 84- 5 -66 WHEREAS, Ramsey County proposes to locate and establish as County State Aid Highways the roads hereinafter described within the City of Maplewood: County Road D (proposed CSAH 19) from .357 miles west of TH 61 to Beam Avenue (.589 miles); Beam Avenue (proposed CSAH 19) from .080 miles west of TH 61 to White Bear Avenue (1.516 miles); and Lydia Avenue (proposed CSAH 19) from White Bear Avenue to Bellaire Avenue (1.124 miles); NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood that said de- signations are approved, subject to approval by the Board of Ramsey County Com- missioners and the Commissioner of Transportation of the State of Minnesota. WHEREAS, Ramsey County proposes to revoke the County State Aid Highway de- signations within the Cities of Vadnais Heights and Maplewood and Town of White Bear of the following roads: County Road D from .357 miles west of TH 61 to Bellaire (2.777) miles; and Bellaire Avenue from Lydia Avenue to County Road D (.24 miles); NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood that these roads are hereby revoked as County State Aid Highways of Ramsey County subject to the approval of the Board of Ramsey County Commissioners and the Commissioner of Transportation of the State of Minnesota; and BE IT FURTHER RESOLVED that these roads will be transferred to the jurisdictions of Maplewood, Vadnais Heights and White Bear; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to forward two certified copies of this resolution to the Public Works Director of Ramsey County who will submit them to the Board of Ramsey County Commissioners and Commissioner of Transportation of the State of Minnesota for his consideration. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Maids, introduced the following resolution and moved its adoption: 84- 5 -67 WHEREAS, there is limited sight distance at the intersection of Beam Avenue and Lydia Avenue; and WHEREAS, this condition is aggrevated by parked vehicles along Bellaire Avenue; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that - 17 - 5/14 Ramsey County is requested to consider establishing a No Parking zone for 100 feet north and south of the centerline of Lydia Avenue on both sides of Bellaire Avenue. Seconded by Councilmember Wasiluk. Ayes - all. 3• Street and Alley Vacations: Burr and Ripley a. Manager Evans presented the staff report. b. The following area residents voiced their opinions: Mr. Al Grenz, 1771 Burr Mr. Richard LeFebrue Mr. Norval Hennings, 1781 Burr c. Mayor Greavu introduced the following resolution and moved its adoption: 8k -5 -68 WHEREAS, the City of Maplewood, initiated proceedings to vacate the public interest in the following described real property: Ripley Avenue between Desoto Street and Burr Street in Section 17, Township 29, Range 22 WHEREAS, the following adjacent properties are affected: 1. Subject to streets and easements and except the north 495 feet of the west 163 feet of the southwest 1/4 of the northeast 1/4 of the southwest 1/4 of Section 17, Township 29, Range 22. Unplatted Lands. 2. Lots one and thirtyblock five, Kings Addition to the City of St. Paul. 3. Subject to streets and easements and except the west 163 feet lying south of the 'north 30 feet and except the east 163 feet of the west 489 feet of the south 85 feet of the north 455 feet of the southwest 1/4 of the northeast 1/4 of the southwest 1/4 of Section 17, Township 29, Range 22. Unplatted Lands. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by the City of Maplewood on February 22, 1984; 2. This vacation was reviewed by the Planning Commission on April 16, 1984. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on April 23, 1984 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Plan- ning Commission. WHEREAS, upon vacation of the above described street, public interest in the property will accrue to the following described abutting properties. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above described vacation on the basis of the - 18 - 5/14 following findings of fact: 1. The construction of Ripley Avenue as a roadway is unnecessary since access to the adjacent vacant land will most likely be provided farther north along Desoto Street. 2. It would be in the public interest. This vacation is subject to the retention of a utility easement over the right of way. Seconded by Councilmember Maida. Ayes - all. d. Councilmember Bastian introduced the followina resolution and moved its adoption: WHEREAS, Richard and Gloria Jean LeFebvre initiated proceedings to vacate the public interest in the following described real property, all in Section 17, Township 29, Range 22; 1. The alley in block three, Kings Addition to the City of St. Paul. 2. Ripley Avenue lying between the westerly alignment of Burr Street and Bradley Street. 3. Subject to streets and easements and except the west 163 feet lying south of the north 30 feet and except the east 163 feet of the west 489 feet of the south 85 feet of the north 455 feet of the southwest 1/4 of the northeast 1/4 of the southwest 1/4 of Section 17, Township 29, Range 22. Unplatted Lands. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Richard and Gloria Jean LeFebvre on February 22, 1984; 2. A majority of the owners of property abutting said alley and streets have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on April 16, 1984. The Planning Commission recommended to the City Council that this vacation be approved. 4. The City Council held a public hearing on April 23, 1984 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above described streets and alley, public interest in the property will accrue to the following described abutting properties: - 19 - 5/14 Block 5, Lots 1 through 4 and Block 3, Lots 1 through 12 Kings Addition to the City of St. Paul NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the best interest to grant the above - described vacation on the basis of the following findings of fact: 1. Construction of these rights -of -way for roadway purposes is infeasible. 2. It would be in the public interest This vacation is subject to: - Rentention of a utility easement over, across and under - Granting the owner of 1781 Burr Street and easement over Ripley Avenue lying between Burr and Bradley Street and over that portion of Burr Street right -of -way west of the northerly 20 feet of Lot 6, Block 3 -That the driveway be used for driveway purposes only and that there be a limitation of parked vehicles or obstructions or any other use of the driveway and access to the benefited property shall be assured for Public Safety purpos,e's. -That there be a maintenance agreement between the owner of 1781 Ripley Avenue and the owners of the subject property: Seconded by Councilmember Wasiluk_ Ayes - all. - 20 - 5/14 I. NEW BUSINESS 1. McClelland Court Watermain a. Manager Evans presented the staff report. b. Director of Public Works Ken Haider explained the proposal. c. Mrs. Pam Weber, 195 McClelland Street, stated that she and her husband had tried to obtain a petition requesting the improvement. d. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 5 - 70 WHEREAS, the City Council has proposed that the area described as McClelland Street north of Brookview Drive and Hudson Place from McClelland to Ferndale be improved by construction of watermain, City Project 84 -4; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby in- structed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Wasiluk. Ayes - all. 2. Detachment and Annexation: 2091 Belmont Lane a. Manager Evans stated McDonald Peterson has requested his property at 2091 E. Belmont Lane be detached from Maplewood and annexed to North St. Paul for the follow- ing reasons: 1. The property owner has asked to subdivide a piece of Maplewood property that cannot be directly accessed from Maplewood. Consequently, the provision of emergency vehicle services and snow plowing would be cumbersome. 2. North St. Paul will be building and assessing the costs for the proposed Eldridge Court cul -de -sac and utilities when they construct Ariel Street, Eldridge and Burke Avenues this summer. Assessment of costs to the applicant's property would require Maplewood Council approval if the property is to remain in Maplewood. 3• The owner and the City of North St. Paul are in favor of this annexation. b. Mr. Don Peterson, 2091 E. Belmont Lane, the applicant, spoke on behalf of his request. c. Councilmember Anderson introduced the following resolution and moved its adoption: g4 -5 -71 WHEREAS, the City Council of the City of Maplewood of the State of Minnesota resolves that the following described property is located in the State of Minnesota County of Ramsey: All that part of the NE 1/4 of the NW 1/4 of Section 14, T. 29, R. 22, described as follows: Beginning at a point on the center line of Section - 21 - 5/14 14, aforesaid, which is 334.24 feet north of the SE corner of the NE 1/4 of the NW 1/4 of said Section 14; thence running north on said center line a distance of 574.32 feet to a point of intersection with the Minnesota St. Croix and Wisconsin Railroad Company's right -of -way limits; thence southerwesterly along said right of way limits a distance of 307.28 feet to a point; thence south a distance of 416.98 feet to a point and thence east a distance of 263.59 feet to the point of beginning, containing 3 acres more or less, according to the Government Survey; WHEREAS, the above described property is now located in the City of Maplewood, abuts the City of North St. Paul and is property subject to concurrent detachment and annexation by concurrent resolutions of the two councils of the two municipalities, pursuant to Minnesota Statutes 414.061; WHEREAS, it is the desire of the City of Maplewood that the above described property be concurrently detached from the City of Maplewood and annexed to the City of North St. Paul; WHEREAS, this resolution is being adopted concurrently with a similar resolution by the City Council of the City of North St. Paul approving such detachment and annexation as provided above; WHEREAS, this annexation proposal was reviewed by the Maplewood Planning Commission on May 7, 1984. The Planning Commission recommended to the City Council that said annexation be approved. WHEREAS, the Maplewood City Council considered this annexation proposal on May 14, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above de- scribed concurrent detachment and annexation shall be effective upon the issuance of the Minnesota Municipal Board's order or at such later date as provided by the Board in its order. Seconded by Councilmember Bastian. Ayes - all. 3. Plan Amendment: East of DeSoto Street and South of Roselawn a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehen- sive Plan to delete the neighborhood park search area located east of DeSoto Street and south of Roselawn Avenue. This property is more commonly referred to as the Torgerson property. 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. There is inadequate population potential to support this park, given that the Edgerton School grounds and Edgerton Park are within its planned service area and only two blocks away. - 22 5/14 2. The stop lights at Edgerton Street provide safe pedestrian access from south of Roselawn Avenue to the Edgerton Park facilities. 3. The cost for acquisition and development would be high. 4. Nearly one - fourth of the site would be unusable because of steep slopes and a storm water pond. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Larson, Pellish, Robens, Sletten, Whitcomb." c. Mayor Greavu introduced the following resolution and moved its adoption: 84- 5 -72 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehen- sive Plan to delete the neighborhood park search area located east of DeSoto Street and south of Roselawn Avenue. This property is more commonly referred to as the Torgerson property. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the parks commission on March 9, 1984. 2. The Maplewood Planning Commission held a public hearing on April 16, 1984 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 Council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on May 14, 1984. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described plan amendment be approved on the basis of the following findings of fact: 1. There is inadequate population potential to support this park, given that the Edgerton School grounds and Edgerton Park are within its planned service area and only two blocks away. 2. The stop lights at Edgerton Street provide safe pedestrian access from south of Roselawn Avenue to the Edgerton Park facilities. 3. The cost for acquisition and development would be high. 4. Nearly one fourth of the site would be unusable because of steep slopes and a storm water pond. Seconded by Councilmember Wasiluk. Ayes - all. 4. Tax Forfeited Land - Junction Street �L. Manager Evans presented the staff report. b. Councilmember Maida introduced the following resolution and moved its adoption: - 23 - 5/14 84- 5 -73 WHEREAS, Lot 1, Block 2, Hills and Dales Addition is located within the City of Maplewood; and WHEREAS, the City of Maplewood has been informed that Lot 1, Block 2, Hills and Dales Addition is presently classified as tax forfeited land; and WHEREAS, the City of Maplewood informed the County of Ramsey in 1971, that said Lot 1, Block 2, Hills and Dales Addition was and is being used for drainage pending for the benefit of the public, to wit: Easterly 129.5 ft more or less of Lot 1, Block 2, Hills and Dales Addition Ramsey County, Minnesota WHEREAS, the City of Maplewood requests that the following area of Lot 1, Block 2, Hills and Dales Addition be utilized by said City for pending and drainage purposes, to wit: NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood hereby request that the County of Ramsey show a recommendation to the Commissioner of Revenue that said tax forfeited land be conveyed to the City of Maplewood for ponding and draining purposes. Specifically that part of Lot 1, Block 2, Hills and Dales Addition, said area legally described as follows: Easterly 129.5 ft more or less of Lot 1, Block 2, Hills and Dales Addition, Ramsey County, Minnesota Issue a recommendation to the Commissioner of Revenue that said tax forfeited land be conveyed to the City of Maplewood for ponding and draining purposes. Seconded by Councilmember Bastian. Ayes - all. 5. 1983 Annual Financial Report and Audit a. Manager Evans presented the staff report including the recommendation that the Council schedule a meeting with the auditors to discuss these reports. In the past, these meetings have been held in conjunction with the regular Council -Staff meeting on Thursdays. b. Councilmember Anderson moved to schedule a meeting with the Auditors for June 7, 1984 at 5:00 P.M. in conjunction with the staff /Council workshop session. Seconded by Councilmember Bastian. Ayes - all. 6. Budget Transfer - Administration Intern a. Manager Evans presented the staff report with the recommendation that the Council approve a $3,530 budget transfer (from the Capital Outlay Budget for phones to the Temporary Employees Wages Budget) to finance the cost of an administrative intern. b. Ca Councilmember Anderson moved to itol Outlay Budget for phones to an administrative intern. Seconded by Councilmember Maids. the Ayes - all. - 24 - 5/14 er from the cost 7. Employees Option to Defer Severance Pay a. Manager Evans presented the staff report with the recommendation that Council adopt a resolution which would give employees the option of deferring all or part of their severance pay, without interest, when they terminate employment with the City. b. Councilmember Bastian introduced the following resolution and moved its adoption: g4 -5 -74 WHEREAS, upon termination of employment, most City employees are eligible for severance pay; and WHEREAS, allowing employees to defer all or part of their severance pay, without interest, would be beneficial to both the City and its employees; NOW, THEREFORE, BE IT RESOLVED, that: 1. All City employees, upon termination of employment, shall be given the option to defer all or part of their severance pay; 2. All deferred installments of severance pay shall be paid without interest; 3• All deferred installments of severance pay shall be paid in annual lump sum payments on the first payroll of each year; 4. The number of deferred annual installments shall be designated by the employee, but the maximum number allowed shall be limited to five; 5. Employees shall specify, upon termination of employment, the portion of his /her severance pay that is to be paid in each installment and these amounts may be adjusted upon written notice by former employees. Seconded by Councilmember Wasiluk. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Slopes a. Councilmember Maida questioned when the Planning Commission would be taking a "slope" tour. 2. Highwood Avenue a. Councilmember Maida commented on the water problems on Highwood Avenue. b. Staff will contact the resident having the problem. 3• Trailer Park a. Councilmember Anderson questioned when the mobile homes at Rolling Hills Park will be "tied down ". b. Mayor Greavu stated he had talked with the developer and he is proceeding. 4• A.M.M. - 25 - 5/14 a. Councilmember Bastian stated the annual A.M.M. meeting will be Wednesday, May 30, 1954 at Brooklyn Park. The social hour is from 5:00 P.M. to 6:00 P.M. 5. Chuck E. Cheese I a. Mayor Greavu introduced the following resolution and moved its adoption: 54- 5 -75 WHEREAS, seven (7) years ago Chuck E. Cheese was born into the business- enter- tainment, restaurant climate; WHEREAS, Chuck E. Cheese's Pizza Time Theatre opened in the City of Maplewood in June of 1952; and WHEREAS, Chuck E. Cheese has commissioned them to working with the Maplewood Community by making public appearances, sponsoring local teams and tournaments, hosting fund raisers and holding over five - hundred (500) free tours; and WHEREAS, Chuck E. Cheese's Fan Club Members, including corporate memberships now exceeds 12,000; NOW, THEREFORE MAYOR JOHN GREAVU AND THE CITY OF MAPLEWOOD COUNCILMENBERS do hereby declare Tuesday, May 22, 1954, as CHUCK E. CHEESE DAY. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu; Council - members Anderson, Bastian, and Wasiluk. Nays - Councilmember Maida. i L. ADMINISTRATIVE PRESENTATIONS 1. Nature Center a. Manager Evans presented the staff report. b. Councilmember Bastian moved to proclaim May 19, 1954 as Maplewood Nature Center Day in honor of their Fifth Anniversary. Activities are planned for the entire day. Seconded by Councilmember Anderson. Ayes - all. 2. Police Budget a. Mayor Greavu moved to approve a budget transfer from the Contingency Account to the Police Budget to cover the cost of the 1984 Contract. Seconded by Councilmember Wasiluk. Ayes - all. Mayor Greavu moved to adjourn the public meeting to reconvene in closed session. Seconded by Councilmember Bastian. M. ADJOURNMENT 9:05 P.M. Ayes - all. City Clerk - 26 - 5/14