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HomeMy WebLinkAbout06.25.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 25, 1984 Council Chambers, Municipal Building Meeting No. 84 -14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember MaryLee Maida, Councilmember Michael T. Wasiluk, Councilmember C. APPROVAL OF MINUTES 1. Minutes No. 84 -12 (June 11, 1984) Councilmember Bastian moved to as submitted. Seconded by Councilmember Maida 2. Minutes No. 84 -13 (June 21, 1984) Councilmember Anderson moved to as submitted. Seconded by Councilmember Wasiluk D. APPROVAL OF AGENDA Present Present Present Present Present the Minutes of Meetinq No. 84 -12 (June 11, 1984 Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Councilmember Wasiluk abstained. the Minutes of Meeti Ayes - all. Mayor Greavu moved to approve the agenda as amended: 1. Manager's Articles - Maplewood Review 2. Newspaper Dispensers 3. Paramedic Vans 4. Meeting - Park and Recreation Commission 5. Appointments 6. Liaison to HRC 7. McKnight 8. Tousley Development - Reconsideration 9. Battle Creek 10. Kinder Care - Reconsideration 11. Little Canada /Waste Commission Seconded by Councilmember Bastian. Ayes - all. No. 84 -13 (June 21, 1984) 6/25 E. CONSENT AGENDA Mayor Greavu moved to remove Item E -2 from the Consent Agenda to be discussed at the 5:00 P.M. work session. Seconded by Councilmember Bastian. Ayes - all. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda Items 1 and 3 thru 5 as recommended. 1. Accounts Payable Approved the accounts (Part I Fees, Services, Expenses, Check Register dated June 12, 1984 through June 14, 1984 - $300,018.11: Part II Payroll Check dated June 15, 1984 - $64,534.45) in the amount, of $364,552.56. 2. License /Permit Fees Removed from Agenda. 3. Paramedic Bills Cancelled as uncollectible the,1982 paramedic bills totaling $3,807.20. 4. Home Occupation Renewal: 1014 Bartelmy Lane Approved the renewal of the conditional use permit for counseling service home occupation at 1014 Bartelmy Lane for five years, subject to continued compliance with the original conditions of approval. Approval is based on the findings that there have not been any problems with this home occupation and all council conditions are being met. 5. Holloway Avenue Improvement Resolution No. 84 -6 -88 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Im- provement Project No. 81 -12, Holloway Avenue Improvements and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, said project has been essentially completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the project is substantially complete and the retainage is hereby reduced to 2%. F. PUBLIC HEARINGS 1. 7:00 P.M. Street Vacation, 12th Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. David Busch, administrator for the Stanley Wessin Estates, to vacate 12th Avenue lying west of White Bear Avenue. b. Manager Evans presented the staff report. c. Mayor Greavu called for proponents. None were heard. - 2 - 6/25 d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption: r;l , WHEREAS, David R. Busch (administrator of the George Wessin estate) initiated proceedings to vacate the public interest in the following described real property: That part of Twelfth Avenue according to the vacated plat of Florence Park, Ramsey County, Minnesota, lying west of the White Bear Avenue right -of -way line, as widened in 1984. Also described as the north 33 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 11, T. 29, R. 22, Ramsey County, Minnesota. That part of the NW 1/4 of the NW 1/4 of Section 11, Township 29, Range 22, lying westerly of White Bear Avenue. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by David R. Busch on April 25, 1984; 2. A majority of the owners of property abutting said street have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on May 21, 1984. The Planning Commission recommended to the City Council that this vacation be approved. 4. The City Council held a public hearing on June 11, 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 street, public interest in the property will accrue to the following described abutting property: That part of the NW 1/4 of the SE 1/4 of the NW 1/4 of Section 11, Township 29, Range 22, lying westerly of White Bear Avenue. NOW, THEREFORE, BE IT RESOLVED by the Maplewood C public interest to grant the above - described vacation findings of fact: 1. Improvement of the right -of -way would not serve a 2. The approved final plat fora Maple Ridge Mall does segment. Seconded by Councilmember Wasiluk. H. UNFINISHED BUSINESS 1. IDR Cub Stores Final Approval ity Council that it is in the on the basis of the following public purpose. not include the right -of -way Ayes - all. - 3 - 6/25 a. Manager Evans presented the staff report. b. Ms. Mary Ippel, Briggs and Morgan, spoke on behalf of the proposal and explained the new legislation regarding IDR notes. The IDR note for Super Valu will not ,affect the limit imposed on municipalities. c. Mayor Greavu introduced the following resolution and moved its adoption: NOTE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms 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; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul a-d- Rinnapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower: Super Valu Stores, Inc., a Delaware corporation, its successors, assignsny surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City: the City of Maplewood, Minnesota, its successors and assigns; Escrow Fund: the fund established by the City pursuant to this Resolution and into w i— h'cT�ie proceeds of the Note will be deposited; Improvements: the structures and other improvements, including any tangible persona -1 properl=y, to be constructed or installed by the Borrower on the Land; Land: the real property and any other easements and rights described in Exhibit A atTacFed to the Loan Agreement; Lender: First National Bank of Minneapolis, Minneapolis, Minnesota, its successors and assigns; Loan Agreement: the agreement to be executed by the City and the Borrower, provid- ing orssuance 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; Note: the $6,200,000 Commercial Development Revenue Note of 1984 (Super Valu Stores, 1'nc. Project), to be issued by the City pursuant to this Resolution and the Loan Agreement; - 4 - 6/25 Note Register: the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; Pledge Agreement: the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement to the Lender; Principal Balance: so much of the principal sum on the Note as remains unpaid at any time; Project: the Land and Improvements as they may at any time exist; Project Costs: the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted June 25, 1984, together with any supplement or amendment thereto. All references 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. 1 -3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Pledge Agreement and the Note, which documents specify'the terms and conditions of the acquisition and financing of the Project; - 5 - 6/25 (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 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 $6,200,000 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; (6) 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 (7) The Note is an industrial development bond within the meaning of Section 103(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (D) of Section 103(b)(6) of the Code with respect to an issue of $10,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project,. 1 -4. Authorization and Ratification of Project. 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 by such means as shall be available - 6 - 6/25 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. 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 $6,200,000 unless a duplicate Note is issued pursuant to Section 2 -7. The Note shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1984 (Super Valu Stores, Inc. Project) $6,200,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota, (the "City ") hereby promises to pay FIRST NATIONAL BANK OF MINNEAPOLIS, in Minneapolis, Minnesota, its successors or registered assigns (the "Lender "), from the source and in the manner hereinafter provided, the principal sum of SIX MILLION TWO HUNDRED THOUSAND DOLLARS ($6,200,000), (the "Principal Balance ") in installments of principal on in the years and amounts set forth below: Year Amount 1989 $ 620,000 1990 620,000 1991 620,000 1992 620,000 1993 620,000 1994 3,100,000 - 7 - 6/25 and to pay interest thereon on the outstanding Principal Balance of this Note from the date hereof to , 1985, at a rate equal to 658 of the Prime Rate for the purpose of this Note, the Prime Rate shall be the rate publicly announced from time to time by First National Bank of Minneapolis as its prime rate of interest), which interest rate shall change when and as such Prime Rate shall change, and from 1985 to maturity at a rate equal to 708 of the Prime Rate, which interest rate shall change under and as such Prime Rate shall change, all except as the provisions below with respect to the redemption of this Note before maturity or the increase in the rate of interest borne by this Note may become applicable hereto. Interest is payable on each , and , commencing 1984. LA11 interest hereon shall be computed on the basis of the actual number of days elapsed in a year of _ days.] [All interest hereon shall be computed on the assumptions that each month contains 30 days and each year 360 days.] Both principal and interest are payable in any coin or currency which at the time or times for payment is legal tender for the payment of public or private debts in the United States of America. In the event that the interest payable on this Note becomes subject to federal income taxation as a result of a Determination of Taxability, as defined in the Loan Agreement described below, the rate of interest borne by this Note shall increase immediately to the Prime Rate, which interest rate shall change when and as such Prime Rate shall change. In such event, the City shall forthwith pay to the Lender an amount equal to the difference between (a) the amount of interest actually paid on this Note between the Date of Taxability (as defined in the Loan Agreement) and the effective date of such interest rate increase, and (b) the amount which would have been paid as interest on this Note during such period had the rate of interest borne by this Note during such period been equal to the Prime Rate. The principal of this Note is subject to redemption and prepayment, in whole or in part, at the option of the City at the direction of the Borrower, on any date at a price equal to the principal amount being so prepaid with accrued interest to the date of redemption. Any such prepayments shall be applied against the principal installments of this Note in inverse order of their due dates. Notice of prepayment of any principal of the Note shall be mailed, at least thirty days prior to the date set ' prepayment, to the Lender at its address as it appears on the Bond Register maintained by the City Clerk. 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, at maturity, upon redemption, or otherwise. - 8 - 6/25 3. Principal and interest due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 4. 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 supermarket facility thereon, pursuant to 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 June 25, 1964 (the "Resolution "). 5. This Note is secured by a Pledge Agreement of even date herewith among the City, the Borrower and the Lender (the "Pledge Agreement "). The proceeds of the Note shall be placed in the Escrow Fund established pursuant to the Resolution and the Pledge Agreement, and the disbursement of the proceeds of this Note from the Escrow Fund is subject to the terms and conditions of the Pledge Agreement. 6. The City, for itself, its successors and assigns, hereby waives demand, presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may extend interest and /or principal of this Note, all without notice to or consent of any party liable hereon or thereon and without releasing any such party from such liability and whether or not as a result thereof the interest on the Note is no longer exempt from the Federal income tax. In no event, however, may the Final Maturity Date be extended beyond thirty (30) years from the date hereof. 7. As provided in the Resolution and subject to certain limitations set forth therein, this Note is only 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 of 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. - 9 - 6/25 B. This Note and interest thereon are payable solely from the revenues and proceeds derived from the Loan Agreement, 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 the 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. 9. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution and Pledge 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. If a default occurs under this Note, or if an event of default occurs under the Loan Agreement or the Pledge Agreement, then the Holder may at its right and option declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any reasonable attorneys fees incurred by the Lender in collecting or enforcing payment thereof, whether suit be brought or not, and all other sums due hereunder or under the Loan Agreement, and payment thereof may be enforced and recovered in whole or in part, at any time by one or more of the remedies provided in this Note or in the Loan Agreement or the Pledge Agreement. 10. The remedies of the Lender, as provided herein and in the Loan Agreement and the Pledge 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. 11. 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. - 10 - 6/25 IT IS HEREBY CERTIFIED 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 WHEREOF, 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 1984. CITY OF MAPLEWOOD, MINNESOTA Mayor Attest: City Clerk (SEAL) PROVISIONS AS TO REGISTRATION Thi Note and the books of the noted below. Date of Registration a ownership of the unpaid interest accruing thereo City of Maplewood in the Name and address Registered Owner Principal Balance of this z is registered on the name of the holder last Signature of Clerk First National Bank of Minneapolis First Bank Place 1984 Minneapolis, MN - 11 - 6/25 2 -2. The Initial Note. The Note shall be dated as of the date of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2 -3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2 -4. Delivery of Initial Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A) the Loan Agreement; (B) the Pledge Agreement; (C) a Cost Certificate signed by the Borrower certifying the use of the proceeds of the Note. (2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may reasonably require for the closing. 2 -5. Disposition of Note Proceeds. There is hereby established with the Lender an Escrow Fund to be held by the Lender as a separate account of the City as provided in the Pledge Agreement. Upon delivery of the Note to Lender, the proceeds of the Note shall be credited to the Escrow Fund held by the Lender on behalf of the City, at which time the entire principal amount of the Note shall be deemed - 12 - 6/25 advanced, and the Lender shall, on behalf of the City, disburse funds from the Escrow Fund for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, including compliance with the provisions of the Pledge Agreement. The Lender or Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs- 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 initially registered in the name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. PLEAS "I INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: Dated: Registered Owner NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any charge whatsoever. Upon such transfer the shall note the date of registration and the name and 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 - 13 - 6/25 in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2 -8. Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2 -9. Issuance of New Notes. The City shall, at the request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the installments payable thereunder, and registered in the name of the Lender or such transferee as may be designated by the Lender. ARTICLE THREE GENERAL COVENANTS 3 -1. Payment of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement and the Pledge Agreement, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement and the Pledge Agreement; 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. 3 -2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue - 14 - 6/25 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, the Loan Agreement and the Pledge Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3 -3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement, upon request of the Lender and being indemnified to the satisfaction of the City for all expenses and claims arising therefrom, and to perform all covenants and other provisions pertaining to the City contained in the Note and the Loan Agreement and subject to Section 3-4. 3 -4. Nature of Security. Notwithstanding anything contained in the Note, the Loan Agreement, the Pledge 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 other than the revenues pledged under the Pledge Agreement; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement and the Pledge Agreement, and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Loan Agreement and the Pledge 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. ARTICLE FOUR MISCELLANEOUS 4 -1. Severability. - 15 - 6/25 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. 4 -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. 4 -3. Registration of Resolution. The City Clerk is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Ramsey County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4 -4. Authorization to Execute Agreements. The forms of the proposed Loan Agreement and the Pledge Agreement are hereby approved in substantially the form heretofore presented to the City Council, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Mayor and City Clerk of the City are authorized to execute the Loan Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized'shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. - 16 - 6/25 4 -5. Conversion of Note to Bonds. The City acknowledges that the Agreement and the Pledge Agreement one or more fully registered bonds the Borrower reserves the right to an opinion of Bond Counsel is obta the tax exempt status of the Note. Adopted: June 25, 1984. Attest: er Borrower reserves the right to amend the Loan to provide that the Note can be converted into secured by an indenture of trust. In addition, amend the provisions of the Note; provided that ined stating that the amendments do not affect Mayor of the City of ap ewoo Seconded by Councilmember Maida. Ayes - all. F. PUBLIC HEARINGS (continued) 2. 7:15 P.M. Easement Vacation, 2339 Hillwood Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to vacate a drainage and utility easement located adjacent to 2339 Hilltop Drive. b. Manager.Evans presented the staff report. c. Chairman Les Axdahl presented the Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Phyllis Cunningham initiated proceedings to vacate the public interest in the following described real property: A drainage and utility easement over and across the west twenty feet of lot one, block one, Crestwood Knolls, Section 12, Township 28, Range 22; WHEREAS, upon vacation of the above described easement public interest in the property will accrue to the following described abutting property: Lot one, block one, Crestwood Knolls Addition NOW, THEREFORE, BE IT RESOLVED BY THE MAPELWOOD PLANNING COMMISSION that it is in the public interest to grant the above described vacation on the basis of the following finding -of -fact; That in 1982, a storm -sewer system was constructed which eliminated the need to retain the south 99 feet of this easement. This vacation is subject to retention of the north fifteen feet to provide mainten- ance access to a storm sewer. - 17 - 6/25 Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Larson, 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 Anderson introduced the following resolution and moved its adoption: :1 WHEREAS, Phyllis Cunningham initiated proceedings to vacate the public interest in the following described real property: A drainage and utility easement over and across the west twenty feet of Lot One, Block One, Crestwood Knolls, Section 12, Township 28, Range 22; WHEREAS, the procedural history of this easement vacation is as follows: 1. This vacation was initiated by Phyllis Cunningham on April 25, 1984; 2. A majority of the owners of property abutting said drainage and utility ease- ment have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on May 29, 1984. The Planning Commission recommended to the City Council that this vacation be approved. 4. The City Council held a public hearing on June 25, 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 easement public interest in the property will accrue to the following described abutting property: Lot One, Block One, Crestwood Knolls Addition 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 following finding of fact: That in 1982, a storm sewer system was constructed which eliminated the need to retain the south 99 feet of this easement. This vacation is subject torthe retention of the north fifteen feet to provide maintenance access to a storm sewer. Seconded by Mayor Greavu. Ayes - all. UNFINISHED BUSINESS (continued) 3. McClelland Street Water Main Project - 18 - 6/25 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of water service to McClelland Street by construction of a water main and services; and WHEREAS, the said City Engineer has prepared the aforesaid report for the im- provement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed im- provement McClelland Street water main is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $56,400.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Monday, the 30th day of July, 1984, at 7 p.m. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Bastian. Ayes - all. 4. Snow Fence Easement — Beam and White Bear Avenue a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: :� WHEREAS, the City of Maplewood a municipal corporation obtained a highway easement free and clear of all encumbrances of the Northerly 33 feet of the Southwest 1/4 of Section 2, Township 29, Range 22, lying West of White Bear Avenue pursuant to Document No. 1143676, 1241 Deeds dated February 21st, 1947, filed March 20, 1974; WHEREAS, the easement included the right of the City of Maplewood, a municipal corporation to use, construct a -nd maintain upon the lands adjoining the Northerly 33 feet of the Southwest 1/4 of Section 2, Township 29, Range 22, lying West of White Bear Avenue, such snow fences as it may from time to time be necessary; WHEREAS, the City of Maplewood, a municipal corporation no longer desires to exercise its right to use, construct, and maintain upon the land adjoining the Norther- ly 33 feet of the Southwest 1/4 of Section 2, Township 29, Range 22, lying West of White Bear Avenue, such snow fences as it may from time to time deem necessary; - 19 - 6/25 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood: 1. The City of Maplewood hereby releases its right to use, construct and maintain upon the lands adjoining the Northerly 33 feet of the Southwest 1/4 of Section 2, Township 29, Range 22, such snow fences as it may from time to time deem necessary. Seconded by Mayor Greavu. Ayes - all. F. PUBLIC HEARINGS (continued) 3. 7:30 P.M. Home Occupation - 2163 Mapleview Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ms. Jeanne Olson, 2163 Mapleview Avenue, to obtain a conditional use permit to permit the teaching of hobby ceramics as a home occupation. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Jeanne Olson initiated a conditional use permit to teach hobby ceramics as a home occupation at the following described property: Lot 28, Block 3, Robert Tilsen's Homesites This property is also known as 2163 Mapleview Avenue, Maplewood; WHEREAS, Section 36 -66 of the City Code requires home occupations to conform to the following requirements: 1. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than twenty (20) percent of each level of the dwelling unit floor area shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the' b6ilddng or ppermises,_ that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City sign code. 4. Limited retail sales of products produced off -site may be permitted, but only when subordinate to the principal activity of the home occupation. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off - street parking shall not exceed more than three off - street parking spaces for home occupations in any given time, in addition to the parking spaces required by the resident occupants. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuation in line voltage off the premises. - 20 - 6/25 7. No fire safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. 10. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Chapter 17, Article II, of the City licensing code. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of the zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as street, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development and design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Renewal may be granted if all of the home occupation code requirements have been complied with and no nuisance situations persist. 2. No more than three customer cars shall be parked on street at any one time. - 21 - 6/25 3. An operative 10 -pound dry chemical, all purpose fire extinguisher must be wallmount- ed and readily available in the kiln room. 4. Upon Council renewal, a license shall be obtained from the City Clerk within ten days or the permit renewal shall be null and void. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Larson, Robens, Sigmundik, Sletten, Whitcomb." d. Mrs. Jeanne Olson, the applicant, stated she agreed to the conditions. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Wasiluk introduced the following resolution and moved its adoption: 84 -6 -94 WHEREAS, Jeanne Olson initiated a conditoinal use permit to teach hobby ceramics as a home occupation at the following described property: Lot 28, Block 3, Robert Tilsen's Homesites. This property is also known as 2163 Mapleview Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Jeanne Olson, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on May 21, 1984. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on June 25, 1984. 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 Council also considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, Section 36 -66 of the City Code requires home occupations to conform to the following requirements: 1. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than twenty (20) percent of each level of the dwelling unit floor area shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the building or premises, that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City Sign Code. - 22 - 6/25 4. Limited retail sales of products produced off -site may be permitted, but only when subordinate to the principal activity of the home occupation. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off - street parking shall not exceed more than three off - street parking spaces for home occupations at any given time, in addition to the parking spaces required by the resident occupants. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises. 7. No fire safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. 10. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Chapter 17, Article II, of the City licensing code. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above des- cribed conditional use permit be approved on the basis of the following findings of fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical inter- ference or other nuisances. I 6. The use would generate only minimal. vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. - 23 - 6/25 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Renewal may be granted if all of the home occupation code requirements have been complied with and no nuisance situations persist. 2. An operative 10 pound dry chemical, all purpose fire extinguisher must be wall mounted and readily available in the kiln room. 3. Upon Council renewal, a license shall be obtained from the City Clerk within ten days or the permit renewal shall be null and void. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. Leaf Composting Site a. Manager Evans presented the staff report. b. Councilmember BAstian moved to table this item until the meeting of July 9. 1984. Seconded by Councilmember Maida. Ayes - all. 2. Design Review Board Resignation a. Manager Evans presented a letter of resignation received from Dean Hedlund from the Community Design Review Baord. b. Councilmember Bastian introduced the following resolution and moved its adoption: 84 -6 -95 WHEREAS, Dean Hedlund became a member of the Community Design Review Board of Maplewood on November 5, 1981 and has served faithfully in that capacity. WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently con- tributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City, that Dean Hedlund is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish his con- tinued success in the future. Seconded by Councilmember Wasiluk. Ayes - all. - 24 - 6/25 3. Parks and Recreation Commission Resignations a. Mayor Greavu moved to table this item until a s Commission meeting is held. Seconded by Councilmember Wasiluk. Ayes - all. F. PUBLIC HEARINGS (continued) ial Council /Parks and Recreation 4. 7:45 P.M. Variances - Roselawn Avenue to McMenemy Street a. Mayor Greavu convened the meeting for a public hearing regarding the request of the St. Paul Board of Realtors for approval of a setback variance of 26.2 feet for the building and thirty (30 ft.) for an extension of the building's front facade to the southerly lot line and approval of a landscaping variance of 16.2 feet on the south side of the building. b. Manager Evans presented the staff report. c. Mr. Craig Rafferty, architect representing St. Paul Board of Realtors, answered questions from the Council. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the followinq resolution and moved its adoption: :�•, WHEREAS, Craig E. Rafferty applied for a variance for the following described property: Lot One, Block Three, Maplewood Office Center This property is located at the northwesterly corner of McMenemy Street and Rose - lawn Avenue, Maplewood; WHEREAS, sections 36 -154 (b) and 36 -27 of the Maplewood Code of Ordinances requires a front yard setback of at least thirty feet and a twenty -foot wide land- scaped yard adjacent to residential development; WHEREAS, the applicant is proposing a building setback of 3.8 feet and a wing wall extension to the southerly south lot line, requiring building variances of 26.2 feet and thirty feet and a landscaping variance of 16.2 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on May 8, 1984. 2. This variance was reviewed by the Maplewood Community Design Review Board on May 22, 1984. The Board recommended to the City Council that said variance be approved. - 2.5 - 6/25 3. The Maplewood City Council held a public hearing on June 25, 1984 to consider this variance. 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 Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described variance be approved on the basis of the following findings of fact: 1. The spirit and intent of the ordinance would be met since the 90 foot wide right of way (70 feet of boulevard) would add considerable width to the proposed 3.8 foot wide on site landscape area. 2. Strict enforcement of the ordinance would cause undue hardship because the site was considerably narrowed by the extra wide taking of right of way along Roselawn Avenue by the State. Seconded by Councilmember Wasiluk Mayor Greavu called a 5 minute recess. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk. Nays - Councilmember Bastian. Mayor Greavu reconvened the meeting at 8:00 p.m. 5. 8:00 P.M. Garage Moving - 1869 Lakewood Drive a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Robert Dreger, 1869 Lakewood Drive, for a conditional use permit to move a garage onto his property. b. Manager Evans presented the staff report. c. Mr. Robert Dreger, the applicant, spoke on behalf of his request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to approve the request of Mr. Robert I a 14 by 22 foot garage onto his property at a ewoo ra "ve su6j northerly lot line beinq veritied by survey pans Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS Insurance to move a. Manager Evans stated on June 8th bids were opened for property, liability and worker's compensation insurance. These bids were reviewed and analyzed by the City's insurance consultant whose report and recommendation is submitted. b. Mr. A.I. Ciliske, Jr., Corporate Risk Mangers, Inc., the consultant, explained his recommendation. - 26 - 6/25 c. Mr. Jerry Ekblad, Ekblad, Pardee and Bewell, spoke on behalf of his proposal. d. Mr. Robert Connor, Lakeview Agency, spoke on behalf of his proposal. e. The agents in attendance at the meeting agreed they could handle the bids separately if that is the way they were awarded. f. Councilmember Bastian moved to award the bid for boiler and machinery cove to Affiliated F.M. Insurance Company, and Lakeview Associates as the agency in amount of and for allother coverage to Home Insurance and Ekblad Bewell as the designated agency in the amount of . Seconded by Councilmember Anderson. Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Wasiluk. F. PUBLIC HEARINGS (continued) 6. 8:15 P.M. - Code Enforcement, Minimum Floor Area (2nd Reading) a. Mayor Greavu convened the meeting for a public hearing regarding the rea.doption of the minimum foundation area requirements for lz story bi- level, tri -level and two story single dwellings. b. Manager Evans presented the 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. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 568 AN ORDINANCE AMENDING THE ZONING CODE RELATING TO MINIMUM FOUNDATION AREA REQUIREMENTS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 36 -67 (6) is amended to read as follows: Section 36 -67. Minimum foundation areas; room requirements. (a) The foundation area for any single dwelling shall not be less than the following: (1) One story dwellings, 950 square feet. (2) 12' story dwelling, 720 dquare feet. (3) A bi -level dwelling, 816 square feet. (4) A tri -level dwelling, 765 square feet. (5) A two story dwelling, 528 square feet - 27 - 6/25 b. Room size and number shall be consistent with Uniform Building Code standards. Section 2. Section 36 -6 Definitions is amended to add the following new subsections: Dwelling, single: A detached building on a lot, designed exclusively as a residence for one family. a. One story dwelling: single floor level; usually at grade level b. 12 story dwelling: two floor levels; one at grade and one above grade, which does not have full ceiling height for the entire above grade level c. Bi -level dwelling: two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially exposed. d. Tri -level dwelling: three floor levels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. e. Two -story dwelling: two floor levels; one at grade and one above grade, both with full ceiling height. Foundation area: The gross horizontal area of the building foundation, including a tuckunder garage, measured from the exterior side of a frost wall or basement wall. Grade: as defined by the Uniform Building Code. Section 3. This ordinance shall take effect upon passage and publication. Seconded by Councilmember Anderson. H. UNFINISHED BUSINESS (continued) 2. T.H. 61 Access Ayes - all. a. Director of Public Works Ken Haider presented the staff report. b. Ms. Julie Skolman, Traffic Section of Minnesota Department of Transportation, spoke on behalf of the highway department proposal. c. The following presented their opinions: Mr. Warren Spannaus, attorney representing Datsun and Perkins Mr. Gene Breckner, Perkins Mr. George Trudell, Northernaire Motel Mr. Dale Swensen, Ethan Allen Galleries Mr. Vance Grannis, Jr., attorney representing Mrs. Elzy Mr. Don Christensen, 1111 E. Co. Road C d. Councilmember Anderson introduced the following resolution and moved its a - 28 - 6/25 ion: 84 -6 -97 WHEREAS, the City of Maplewood is concerned with providing safe and convienient access from T.H. 61 to the frontage roads north of T.H. 36; WHEREAS, The Minnesota Department of Transportation has developed a plan to provide and implement such access; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that staff is to negotiate an agreement with MnDOT and appropriate property owners to implement the project; BE IT FURTHER RESOLVED that the agreement and final concept plan will be presented to the City Council for final approval as soon as possible. Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATIONS 1. Bob Vaught - 1649 Frank Street a. Mr. Vaught requested the stop signs at Ripley and Atlantic be removed. (Council had recently ordered the stop signs installed in response to area residents request.) He stated they were not needed. b. Councilmember Bastian moved reconsideration of the placement of the stop signs at Ripley and Atlantic and place the i em on e u y agenda. Seconded by Councilmember Wasiluk. Ayes - all. c. Daryl Kolby, 1714 Frank, also stated the stop signs are not necessary. K. COUNCIL PRESENTATIONS 1. Maplewood Review Article - Manager a. Councilmember Wasiluk commented and expressed his displeasure with the Manager's articles in the Review. b. No action taken. 2. Newspaper Dispensers a. Councilmember Anderson questioned if the newspaper dispensers create any revenue for the City or do they require a yearly permit or fee. b. A permit is not required. Staff will investigate. 3. Paramedic Van a. Councilmember Anderson requested that at the time of the purchase for the next paramedic vans if staff would look at larger vans that could accomodate more than one person at a time. 4. Meeting - Council /Park and'Recreation Commission /Park Department Staff a. Councilmember Anderson requested Council establish a special meeting with the - 29 - 6/25 Park and Recreation Commission and Park Department Staff. b. A meeting was established at 5:30 P.M. July 9, 1984 in the Council Chambers. 5. Appointments a. Councilmember Bastian outlined various procedures for appointments to the boards and commissions. 6. Liaison - HRC a. Councilmember Bastian commented that the HRC had requested having a liaison person at their meetings. Is this feasible? b. Council stated progress had been made by way of the Council /Commission meetings. 7. McKnight Road a. Councilmember Bastian commented on a letter from MnDOT District Nine Engineer Kermit Macrae requesting information of how to obtain a variance. b. Councilmember Bastian requested that Ramsey County be contacted to reduce McKnight Road from four (4) lanes to three (3) lanes. c. Staff will contact the County. 8. Tousley Development a. Councilmember Bastian moved to reconsider the Tousley Development Preliminar Plat approved at the meeting of une 11, 1984 and place the item on the u y , anon a Seconded by Councilmember Maida. 9. Battle Creek Park Ayes - all. a. Mayor Greavu commented on a letter received from residents along the Battle Creek Park boundary explaining their problems. Does Council have anything to add? 10. Kinder Care Center - Reconsideration a. Mayor Greavu moved to reconsider the motion to deny the revenue note for Kinder Care Center taken June 11, 1984 and place t e item on the July 9, 1984 agenda. Seconded by Councilmember Maida. Ayes - all. L. ADMINISTRATIVE PRESENTATION 1. Letter from Little Canada a. Manager Evans presented Council with a letter from the Little Canada City Attorney asking if Maplewood would join them if they take action against the Metropolitan Waste Control Commission regarding the raw sewage that went into Lake Gervais /Kohlman Lake, etc. b. Director of Public Works explained what is causing the problems and does not recommend joining in any action. - 30 - 6/25 c. Council will take the matter under advisement. . ADJOURNMENT 10:05 P.M. k i y er - 31 - 6/25