HomeMy WebLinkAbout10.22.84MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, October 22, 1984
Council Chambers, Municipal Building
Meeting No. 84 -23
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
MaryLee Maids, Councilmember Present
Michael T. Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended.
1. Liquor License
2. No Smoking Rules in Public Buildings
3. Phalen Place Street
4. Sterling Glen
5. Appendix E
6. Frost Avenue and Walter Street
7. Reconsideration
8. Senior Home Share
9. No Parking
10. Storm Water Separation
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - all, to
approve the Consent Agenda as recommended:
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses, Check register dated
October 10, 1984, through October 12, 1984, $384,104.66: Part TI - Payroll
dated October 5, 1984 - $60,680,35) in the amount of $444,785.01.
2. Election Judges
Resolution 84 - 10 - 153
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RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list
of Election Judges for the 1984 General Election, Tuesday, November 6, 1984:
Precinct #1 Precinct #7
Eleanor Mathews Margaret Wolszon
Lorraine Schneider Myrtle Malm
Florence Stella Betty Haas
Agnes Allen Esther Dollerschel
Idamae Biebighauser Arnella Podgorski
Helen Jean Dickson Sharon Giel
Precinct #2 Precinct #8
Pat Thompson
Jean Myers
Evelyn Axdahl
Betty Berglund
Kathleen Dittel
Lorraine Fischer
Bea Hendricks
Rita Frederickson
Karen Burton
Mildred Houck
Marilyn Cunningham
Anna Fox
Precinct #3
Precinct #9
Barb Leiter
Mary Johnson
Doris Broady
Delores Mallet
Yvonne Bell
Margaret McDonald
Alice Miller
Paul Arbuckle
Irene Anderson
Katherine Moore
" `Charlene Arbuckle
Theodore Haas
Precinct #4 Precinct #10
Caroline Warner Anne Fosburgh
Joyce Lipinski Mary Lou Lieder
Marjory Tooley Dorothy Arbore
Betty Eddy Pat Werden
Jack Arbuckle Diane Golaski
Charlene Knutson
Precinct #5 Precinct #11
Elsie Wiegert
Delores Lofgren
Emma Klebe
Maxine Olson
Sibbie Sandquist
Shirley Luttrell
Phyllis Erickson
Karen Boget- Abrahamson
Joyce Schmidt
Sigrid Hart
Lynette Leonard
Joan Cottrell
Precinct #6
Precinct #12
Kathy Supan
Mary Libhardt
Gmborg Mowchan
Audrey Duellman
Sandy Jones
Deloris Fastner
Linda Prigge
Mildred Dhen
Joanne Houghton
Orpha Getty
Judy Widholm
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3. Budget Transfer (Community Services)
Approved a budget transfer of $7,700.00 from Account No. 01 =4020- 208 -63
to Account No. 01- 4480- 208 -63 to allow North East Soccer Association to
issue checks to pay soccer officials.
F. PUBLIC HEARINGS
1. 7`.00 P.M., Code Amendment: M -1 District
a. Mayor Greavu convened the meeting for a public hearing regarding changes
to the M -1 District of the Maplewood Zoning Code.
b. Manager Evans presented the staff report.
c. Director of Community Development Geoff Olson presented the following
Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the
City Council approval of the proposed ordinance to amend the M -1
District as proposed by staff with the addition to (1) (10) to in-
clude the word 'poultry'.
Commissioner Sigmundik seconded. Ayes - Commissioners Axdahl, Barrett,
Fischer, Larson, Pellish, Sigmundik,
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 moved first reading of an ordinance amending Section
36 permitted uses in M -1 Light Manufacturing District.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Maids.
2. 7:00 P.M., Conditional Use Permit: White Bear Avenue (Ramsey County)
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Ramsey County for a conditional use permit to construct a two -story office/
maintenance shop building to be located on the Ramsey County Fair Grounds.
b. Manager Evans presented the staff report.
c. Director of Community Development Geoff Olson presented the Planning
Commission recommendation.
d. Larry Holmberg, Ramsey County Parks and Recreation Department, spoke on
behalf of the proposal.
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e. Mayor Greavu called for opponents. None were heard.
f, Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption:
84 - 10 - 154
WHEREAS, the Ramsey County Department of Parks and Recreation initiated
a conditional use permit for a conditional use permit for an office /main-
tenance shop facility at the following - described property:
Subj. to White Bear Avenue and a pipeline esmt. and subj. to Van Dyke
St. and ex the S 235.8 ft. and ex the N 52 ft, of the S 287.8 off the
W 160.5 ft. and ex the W 270 ft. lying N of the S 700 ft, that part S
of the Mpls -St. Paul and S St. Marie RR R/W of the W 870 ft. of the S
1/2 of the N 1/4 in Sec. 14, T 29, R. 22.
This property is also known as the Ramsey County Fair Grounds, Maplewood;
WHEREAS, the procedural history of this conditional use.permit is as
follows:
1. This conditional use permit was initiated by Ramsey County, pur-
suant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Planning
Commission on October 1, 1984. The planning commission recommended to the
city council that said permit be approved.
3. The Maplewood City Council held a public hearing on October 22,
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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above - described conditional use permit be approved and the one -year review
be waived, 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 detri-
mental 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,
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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.veglicular traffic on local
streets and shall not create traffic congestion, unsafe access or park-
ing 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.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be detri-
mental 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.
11. The use is surrounded by county land and would have no significant
effect on adjacent properties.
Seconded by Councilmember Wasiluk. .Byes - all.
3. 7:20 P.M., Rezoning - County Road B and McMenemy
a. Mayor Greavu convened the meeting for a public hearing regarding the
rezoning of Lot 5 and 6, Block 36, Dawson Suburban Acres from B -C (Business -
Commercial) to R -1 Single dwelling district.
b. Manager Evans presented the staff report.
c. Mr. Sheldon Caswell, attorney representing the owner of the property,
Mrs. Alice Londin stated Mrs. Londin had passed away this morning and would
request Council delay action until he had a chance to review the situation.
d. Mayor Greavu called for proponents
e
f
g
Mary E. Olson, 365 E. County Road B
Tony Phillippi, 380 E. County Road B
Elizabeth Olson, 2137 McMenemy Road
Harry Koval, 2191 Arkwright
Don Bother, 2184 Arkwright
The following were heard:
Mayor Greavu called for opponents. None were heard..
Mayor Greavu closed the public hearing.
Councilmember Anderson introduced the
adoption:
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resolution and moved its
84 - 10 - 155
WHEREAS, the City of Maplewood initiated a rezoning from BC, business
commercial and F. farm residence to R -1, residence district (single dwelling)
for the following - .described property:
Lots 4 - 6, block 36, Dawson�s Suburban Acre Lots and block one, Londin
Homesites
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by the City of Maplewood, pursuant to
Chapter 36, Article VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission
on October 15, 1984. The planning commission recommended to the city
council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on October 22,
1984, to consider this rezoning, Notice thereof was published and mailed
pursuant to law. All persons present at said hearing were given an oppor-
tunity to be heard and present written statements. The council also con -
oidered reports and recommendations of the city staff and planning commission.
NOWT THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above - described rezoning be approved on the basis of the Following findings
of fact:
to The proposed change is consistent with the spirit, purpose and
intent of the zoning code and comprehensive plan, because it would
strengthen the existing single - dwelling residential character of the
neighborhood.
2. The proposed use would not detract from the use of
neighboring properties.
3. It would be in the public interest to plan for the conversion
of the office building property to single dwelling property.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities,
such as public water, sewers, police and fire protection and schools.
5. The proposed zoning would not be overly restrictive for the
office building site, because it can be divided into two single -
dwelling lots very similar in size to several nearby lots.
6. The neighborhood commercial zone is not recommended, because it
would allow a substantial nonresidential expansion of the use of this site.
Seconded by Councilmember Wasiluk. Ayes - all.
4. 7:40 P.M„ Rezoning, White Bear Avenue (Skippers)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Skippers Inc. to rezone the property located on White Bear Avenue
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south of Chesters Restaurant from F -Farm Residence to BC - Business Commercial
for -the purpose of constructing a restaurant.
b. Manager Evans presented the staff report.
c. Mr. Herb Boeckerman representing Skippers, spoke on behalf of the proposal.
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following expressed their views:
The owner of the property at Chesters, 3088 White Bear Avenue.
Mr, Bob Hajicek, 1701 E. Co. Road D.
e. Mayor Greavu closed the public hearing.
f, Councilmember Anderson introduced the following resolution and moved
its adoption:
84 - 10 - 156
WHEREAS, Herb Boeckerman initiated a rezoning from F, farm residence to
BC, business commercial to for the following - described property:
That part of the following described parcel lying westerly of the easterly
114.15 feet thereof:
That part of the North 10 acres of the East 20 acres of the North half
of the Northwest Quarter of Section 2, Township 29, Range 22, Ramsey
County, Minnesota, described as follows: Beginning at the intersection of the
easterly of the easterly right -of -way line of White Bear Avenue and the
North line of the South 100,0 feet of said 10 acres; thence easterly
along said North line of the South 100 feet a distance of 309.40 feet;
thence northerly at a right angle 155094 feet to a point of the
parallel with and distant 493050 feet South of the North line of the
Northwest Quarter of said Section 2; thence westerly along said parallel
line 306.82 feet to the easterly right -of -way line of White Bear Avenue;
thence southerly along said right -of -way line to the point of beginning.
Subject to an easement in favor of Northern States Power Company and an
easement'in favor of the American Oil Company. Containing 0.70 acres
more or less.
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by Herb Boeckerman, Skipper's, Inc.,
pursuant to Chapter 36 Article VII of the Maplewood Code of Ordinances.
2, This rezoning was reviewed by the Maplewood Planning Commission on
October 1, 1984. The planning commission recommended to the City
Council that said rezoning be
3, The Maplewood City Council held a public hearing on October 22, 1984
to consider this rezoning. Notice thereof was published and mailed
pursuant to law. All persons present at said hearing were given an
opportunity to be heard and present writted 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
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above- described rezoning be approved on the basis of the following
findings of fact:
1. The proposed change is consistent with the spirit, purpose
and intent of the zoning code and the land use plan.
2. The proposed change will not substantially injure or detract
from the use of neighboring p rmperty or from the character of the
neighborhood, and that the use of the property adjacent to the area
included in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable and the public
welfare,
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and schools.
Approval is subject to the applicant submitting written permission
from NSP and Standard Oil to build within their easements.
Seconded by Councilmember Wasiluk, Ayes - all.
5. 7:5- P.M., Rezoning: 1800 Edgerton (Forest Lawn Cemetery)
a, Mayor Greavu convend the meeting for a public hearing regarding the
proposal to rezone 1800 Edgerton Street (Forest Lawn Cemetery)from BC,
Business Commercial to F. Farm Residence,
b, Manager Evans presented the staff report.
c, Chairman Les Axdahl presented the Planning Commission recommendation,
d, Mayor Greavu called for porponents. None were heard,
e, Mayor Greavu called for opponents. None were heard,
f. Mayor Greavu closed the public hearing,
g. Councilmember Maida introduced the following resolution and moved its
adoption:
84 - 10 - 157
WHEREAS, the City of Maplewood initiated a rezoning from BC, business
commercial to F, farm residence for the following- described properties:
That part of the Forest Cemetery Rearrangement of plat B, lying
north of the Soo Line railroad right -of -way, within the SW 1/4 of the
SE 1/4 of Section 17, Township 29, Range 22; and
That part of the N 112 of the Soo Line railroad right -of -way
lying east of the center line of Edgerton Street and west of the
northerly extension of the east line of lot 22, block 1, Ufton Grove
Second Plat,
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WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by the City of Maplewood, pursuant
to Chapter 36 Article VII of the Maplewood Code of Ordinances.
2, This rezoning was reviewd by the Maplewood Planning Commission
on October 1, 1984. The Planning Commission recommended to the city council
that said rezoning be
3. The Maplewood City Council held a public hearing on October 22,
1984 to consider this rezoning, Notice thereof was published and mailed
pursuant to law. All persons present at said hearing were given an
opportunity to be heard and present writted 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 rezoning be approved on the basis of the following
findings of fact:
1. The proposed change in consistent with the spirit, purpose
and intent of the zoning code.
2. The proposed change will not substatially injure or detract
from the use of neighboring property or from the character of the
neighborhood, and that the use of the peoperty adjacent to the area
included in the proposed change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable and the public
welfare,
4, The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and schools.
Seconded by Councilmember Bastian, Ayes - all,
G. AWARD OF BIDS
1, Used Vehicles
a, Manager Evans presented the staff report.
b, Councilmember Bastian introduced the following resolution and moved
its adoption:
84 -10 -158
WHEREAS, a number of City Vehicles have been determined surplus, bids
were received October 12, 1984 at 3:30 P.M.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
surplus vehicles be sold to the highest bid as follows:
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Vehicle.
High Bid
2nd High
3rd High
82 Ford
Ltd
1,251.00
1,016.45
520.00
82 Ford
Ltd
1,566080
1,300.00
1,001.00
82 Ford
Ltd
1,901.01
1,723-50
1,511.00
82 Ford
Ltd
1,341090
1,001.00
620.00
Seconded by
Councilmember
Maids,
Ayes - all.
H. UNFINISHED BUSINESS
None.
I. NEW BUSINESS
1. Letter from Ralph McGinley (Advance Circuits) -
a. Manager Evans stated Advance Circuits, Inc. was requesting the City
withdraw the requirement of the $20,000.00 payment for the allocation regarding
the $3.6 million industrial revenue bond,
b. Councilmember Bastian moved to accept the letter from Mr. Ralph
McGinley and to take no action on the request.
Seconded by Councilmember Anderson. Ayes - all.
2. T. H. 120 and 3M Road Signals
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its
adoption:
84 -10 -159
RESOLVED, that the plans for T. H. 120 and 3M Road System are hereby
approved.
Seconded by Councilmember Anderson.
3. Beaver Lake Drainage Study
Ayes - Mayor Greavu, Councilmembers
Anderson and Wasiluk.
Nays - Councilmembers Bastian and Maida.
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adoption:
84�7 10 - 160
is WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare a report with reference to the improvement of the North
Beaver Lake drainage area by construction of storm sewer and sanitary sewer
systems, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
- 10 - 10/22
I.. The report of the City Engineer advising this Council that
the proposed improvement on the North Beaver Lake drainage
area by implementation of a storm drainage system plan 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 $650,000.00.
3. A public hearing will be held in the Council Chambers of the
City Hall at 1380 Frost Avenue on Monday, the 26th day of
November, 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 Wasiluk.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATION
1. Liquor License.
Ayes - Mayor Greavu, Councilmembers
Anderson, Maida, and Wasiluk.
Nays - Councilmember Bastian.
a. Councilmember Wasiluk commented on the requirement to sell
Low Alcohol Beer in On Sale Liquor Establishments.
b. Staff answered questions from the Council.
2. Smoking in public buildings.
a. Councilmember Wasiluk questioned the procedures in keeping
smoking segregated.
b. Staff will investigate.
3. Phalen Place- Frost Avenue and Walter Street
a. Councilmember Wasiluk commented on the need for improvements.
b. Director of Public Works, Ken Haider, explained the specifics of
the proposal.
c. Councilmember Anderson introduced the following resolution and moved
its adoption: 84 _ 10 - 161
WHEREAS, the City Council has determined that it is necessary and
expedient that the area described as Walter Steet from Frost Avenue to
Fenton Avenue be improved by construction of streets,
storm sewer, watermain's and all necessary appurtenances
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
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that the improvement as hereinbefore described is hereby referred to
the City Engineer, and he is instructed 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.
4. Sterling Glen
Ayes - Mayor Greavu, Councilmembers,
Anderson, Maida and Wasiluk.
Nay - Councilmember Bastian.
a. Councilmember Maida moved to reconsider Council action of October 8th,
1984, concerning Sterling Glen.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Maida and Wasiluk.
Nay - Councilmember Bastian.
5. Appendix E
a. Councilmember Maida moved to reconsider Council's Action of October 8th,
1984, regarding Appendix E.
Seconded by Councilmember Bastian. Ayes - Councilmembers Bastian, Maida,
and Wasiluk.
Nays - Mayor Greavu, Councilmember
Anderson.
6. Frost Avenue and Walter Street
Discussed K -3o
7. Reconsideration
Discussed K -4 and 5
8. Senior Home Share Program
a. Councilmember Bastian stated that on November 2, 1984 at 3:00 P.m.,
1902 E. County Road B, there will be a meeting concerning the Senior Home
Share Program.
9. No parking
a. Mayor Greavu introduced the following resolution and moved its adoption:
84 -10 -162
RESOLVED, that Ramsey County is requested to designate the South side of
Frost Avenue from Ide Street to Birmingham Street "NO PARKING."
Seconded by Councilmember Wasiluk. Ayes - all.
loo Position Paper - Suburban Storm Water Separation
a. Mayor Greavu commented on a position paper from St. Paul regarding
the suburban areas storm water separation.
L. ADMINISTRATIVE PRESENTATION
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1. St. Paul Business Center - Final Approval I.D.R.
a. Councilmember Bastian introduced the following resolution and moved
its adoption:
84 - 10 - 163
RESOLVED by the City Council of the City of
Maplewood, 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;
Assignment of Rents and Leases: the agreement to be
executed by the Borrower assigning all the rents, issues and
profits derived from the Project to the Lender to secure the
repayment of the Note and interest thereon;
Bond Counsel: the firm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, or any
other firm of nationally recognized bond counsel, and any
opinion of Bond Counsel shall be a written opinion signed by
such Bond Counsel;
Borrower: St. Paul Business Center East, a Minnesota
limited partnership, its successors, assigns, and any
surviving, resulting or transferee business entity which may
assume its obligations under the Loan Agreement;
City: the City of Maplewood, Minnesota, its successors
and assigns;
Construction Fund: the fund established by the City
pursuant to this Resolution and into the Construction Fund the
proceeds of the Note will be deposited;
Disbursing Agreement: the agreement to be executed by the
City, the Borrower and the Lender, relating to the disbursement
and payment of Project Costs for the construction and
installation of the Project;
Guarantors: collectively, William S. Reiling and Donald
Bachmeier;
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Guaranty: the guaranty of the payment of, among other
things, the principal of and interest on the Note to be
executed by the Guarantors as of the date of this Agreement;
Improvements: the structures and other improvements,
including any tangible personal property, to be constructed or
installed by the Borrower on the Land in accordance with the
Plans and Specifications;
Land: the real property and any other easements and
rights described in Exhibit A attached to the Loan Agreement;
Leases: leases of space in the Project between the
Borrower and various tenants, including any amendment thereof
or supplement thereto, entered into in accordance with the
provisions thereof;
Lender: First National Bank of Minneapolis, in
Minneapolis, Minnesota, its successors and assigns;
Loan Agreement: the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mortgage: the Combination Mortgage, Security Agreement
and Fixture Financing Statement between the Borrower as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note and interest thereon including any mortgage supplemental
thereto entered into in accordance with the provisions thereof;
Note: the $3,900,000 Commercial Development Revenue Note
of 1984, (St. Paul Business Center East Project) to be issued
by the City pursuant to this Resolution;
Note Register: the records kept by the City Clerk to
provide for the registration of transfer of ownership of the
Note;
Plans and Specifications: the plans and specifications
for the construction and installation of the Improvements on
the Land, which are approved by the Lender, together with such
modifications thereof and additions thereto as are reasonably
determined by the Borrower to be necessary or desirable for the
completion of the Improvements and are approved by the Lender;
Pledge Agreement: the agreement to be executed by the
City and the Lender pled}ng 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;
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Resolution: this Resolution of the City adopted October
22, 1984, authorizing the issuance of the Note, together with
any supplement or amendment thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the desig-
nated Articles, Sections and subdivisions of this resolution as
originally adopted. The words "herein," "hereof" and "hereund-
er" and other words of similar import refer to this Resolution
as a whole not to any particular Article, Section or subdivis-
ion.
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 the execution of
the Loan Agreement, the Pledge Agreement, the Note and the
Disbursing Agreement, which documents specify certain terms and
conditions of the acquisition and financing the Improvements to
be included in the Project;
(3) in authorizing the Project the City's purpose is, and-
in its judgment the effect thereof will be, to promote the
public welfare by: the attraction, encouragement and
development of economically sound industry and commerce so as
to prevent, so far as possible, the emergence of blighted and
marginal lands and areas of chronic unemployment; the 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;
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(4) the amount estimated to be necessary to partially
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 aggregate principal amount of
$3,900,000 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 consti-
tute 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 are
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 tM 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 and subject to the terms and conditions
set forth in the Disbursing Agreement, to provide for the
acquisition, construction and installation of the Project by
such means as shall be available to the Borrower and in the
manner determined by the Borrower, and without advertisement
for bids as may be required for the construction and acquisi-
tion of municipal facilities; and the City hereby ratifies,
affirms, and approves all actions heretofore taken by the
Borrower consistent with and in anticipation of such authority
and in compliance with the Plans and Specifications.
ARTICLE TWO
NOTE
2 -1. Authorized Amount and Form of Note.
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such appropri-
ate 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
$3,900,000. The Note shall be in substantially the following
form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1984
(St. Paul Business Center East Project)
$3,900,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota (the "City "), hereby promises to pay the
FIRST NATIONAL BANK OF MINNEAPOLIS (the "Lender "), its succes-
sors or registered assigns (the Lender and any such successor
or registered assignee being also sometimes hereinafter
referred to as the "Holder "), from the source and in the manner
hereinafter provided, the principal sum of THREE MILLION NINE
HUNDRED THOUSAND DOLLARS ($3,900,000) or so much thereof as
remains unpaid from time to time (the "Principal Balance "),
with interest thereon at the rates specified in paragraph 1(a)
hereof (the "Tax Exempt Rates ") or at such higher rate as
provided in paragraph 1(c) hereof (the "Taxable Rate "), in any
coin or currency which at the time or times of payment is legal
tender for the payment of public or private debts in the United
States of America, in accordance with the terms hereinafter set
forth.
1. (a) From and after the date hereof through and
including July 31, 1995, interest shall be paid at the rate of
llig % per annum. On the date hereof, the City shall pay as and
for additional interest for the period from the date hereof
through September 30, 1985 the sum of $78,000. For the period
from August 1 in each of years 1995, 2000, 2005 and 2010 (the
"Adjustment Dates "), through July 31 immediately preceeding the
next subsequent Adjustment Date, or in the case of interest
from August 1, 2010 to October 1, 2014 (the "Final Maturity
Date "), interest shall accrue at an annual rate which will in
the written opinion of the Lender (or successor Holder)
delivered to the City within one week of the Adjustment Date,
allow the Note to be marketed on the Adjustment Date at par
subject to the limitation that such annual rate shall be not
less than 115% nor more than 135% of the yield to maturity
stated in the "25 Rev. Bonds Index" appearing in the Credit
Markets (or successor publication) for the last week
immediately preceeding the Adjustment Date.
(b) Interest only shall be payable on the
Principal Balance on the first day of the calendar month next
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succeeding the date hereof and on the first day of each
succeeding month thereafter through and including October 1,
1988. Commencing November 1, 1988 and on the first day of each
calendar month thereafter, the Principal Balance and interest
accrued thereon shall be paid in equal monthly installments in
the amount necessary to fully amortize the Principal Balance
over the period remaining before the Final Maturity Date. The
amount of the monthly installments due hereunder shall be
increased or decreased on each Adjustment Date to reflect any
adjustment to the rate of interest borne by this Note pursuant
to the terms hereof and by prepayments of principal previously
made. All payments shall be applied first to accrued interest
and thereafter to reduction of the Principal Balance.
(c)(i) In the event that the interest on this
Note shall become subject to federal income taxation pursuant
to a Determination of Taxability (as hereinafter defined), the
interest rate on this Note shall be increased, retroactively
effective from and after the Date of Taxability (as hereinafter
defined) to 16% (the "Taxable Rate "), provided, however, that
in no event shall the Taxable Rate for any period be less than
the Tax Exempt Rate otherwise in effect for the same period.
The City shall immediately upon demand pay to the Holder and to
each prior Holder affected by such Determination of Taxability
an amount equal to the amount by which the interest accrued
retroactively at such increased rate from the Date of
Taxability to the date of payment exceeds the amount of
interest actually accrued and paid to the Holder and any such
prior Holder during said period. Such obligation of the City
shall survive the payment in full of the principal amount of
this Note. Commencing on the payment date next following the
notice of taxability and continuing on each payment date there-
after (unless the Holder shall accelerate the maturity of the
Note pursuant to clause (ii) of this paragraph (c)), this Note
shall be payable as follows:
(A) if amortization of the Principal Balance
had not theretofore commenced, the monthly
payments of interest only under paragraph
(b) shall be increased to reflect the
accrual of interest at the Taxable Rate and
the monthly installments of principal and
interest payable commencing with the
November 1, 1986 payment shall be
recomputed on the basis of the Taxable Rate
in affect from time to time so that the
unpaid principal and interest shall be
amortized over the period remaining before
the Final Maturity Date; or
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(B) if amortization of the Principal Balance
had theretofore commenced, the monthly
installments of principal and interest
payable commencing with the next succeeding
payment shall be recomputed on the basis of
the Taxable Rate in effect from time to
time so that unpaid principal and interest
shall be amortized over the period
remaining before the Final Maturity of the
Note.
(ii) Upon a Determination of Taxability, the
Holder may declare the entire Principal Balance of this Note
together with accrued interest thereon at such retroactively
increased Taxable Rate to be immediately due and payable, but
without the prepayment premium, if any, specified in paragraph
8 hereof.
(iii) The Holder shall give notice, as soon as
practicable, to the Borrower of any Notice of Taxability, as
hereinafter defined, received by the Holder and permit the
Borrower to contest, litigate or appeal the same at its sole
expense. In the event any such contest, litigation or appeal
is undertaken, the increased interest provided in paragraph
(c)(i) shall, nevertheless, be payable to the Holder and shall
be held by the Holder in escrow (without paying interest
thereon) pending final disposition of such contest, litigation
or appeal, provided that the Borrower shall indemnify and hold
harmless the Holder and each prior Holder from any and all
penalties, interest or other liabilities which they may incur
on account of such contest, litigation or appeal.
(iv) The terms "Determination of Taxability,"
"Date of Taxability" and "Notice of Taxability" shall have the
meanings ascribed to such terms in the Loan Agreement, dated
the date hereof (the "Loan Agreement "), between the City and
St. Paul Business Center East (the "Borrower ").
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
penalty, at maturity, upon redemption, or otherwise. Interest
shall be computed on the basis of a 360 day year, but charged
for the actual number of days principal is unpaid.
3. Principal and interest and any premium due
hereunder shall be payable at the principal office of the
Lender, or at such other place as the Holder may designate in
writing.
4. This Note is issued by the City to finance the
acquisition and completion of a Project, as defined in Section
474.02, Subdivisions la, Minnesota Statutes, consisting of the
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acquisition of land and the construction and installation
thereon of an office complex containing office /warehouse space,
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 October 22, 1984 (the "Resolution ").
5. This Note is secured by a Pledge Agreement of
even date herewith by the City to the Lender (the "Pledge
Agreement "), a Combination Mortgage, Security Agreement and
Fixture Financing Statement of even date herewith among the
Borrower as mortgagor, and the Lender as mortgagee (the
"Mortgage "), and an Assignment of Rents and Leases, of even
date herewith, from the Borrower to the Lender (the "Assignment
of Rents and Leases "). The proceeds of this Note shall be
placed in the Construction Fund established pursuant to the
Resolution and the Disbursing Agreement (hereinafter referred
to) and disbursement of the proceeds of this Note from the
Construction Fund is subject to the terms and conditions of a
Disbursing Agreement of even date herewith among the Lender,
the City, the Borrower and Title Insurance Company of Minnesota
(the "Disbursing Agreement ").
6. The Holder may extend the times of payments of
interest and /or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date, to
the extent permitted by law, without notice to or consent of
any party liable hereon and without releasing any such party.
However, in no event may the Final Maturity Date be extended
beyond thirty (30) years from the date hereof.
7. The Borrower may prepay the Principal Balance in
whole or if in part in increments of $100,000 on any payment
date upon at least 30 days advance written notice to the Holder
(or such lesser period of notice as the Holder may approve) and
upon payment of an amount equal to the principal amount being
so prepaid, plus accrued interest hereon to the date of
prepayment, plus the prepayment premium calculated in
accordance with paragraph 8 hereof. This Note is also subject
to mandatory prepayment in whole or in part pursuant to Section
2.05 of the Disbursing Agreement in the amount of any suns
remaining in the Construction Fund at the Completion Date (as
such terms are defined in the Disbursing Agreement), in which
event a prepayment premium shall also be payable in accordance
with paragraph 8 hereof, and the time of such prepayment may
not be extended pursuant to paragraph 6 hereof. Upon the
occurrence of certain "Events of Default" under the Loan
Agreement and /or under the Mortgage, and as provided in
paragraph 12 hereof, the Holder may declare the Principal
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Balance and accrued interest on this Note to be immediately due
and payable (any such action and any similar action pursuant to
paragraph l(c)(ii) hereof being hereinafter referred to as an
"acceleration" of this Note), in which event, except for an
acceleration pursuant to paragraph 1(c)(ii) a prepayment
premium shall also be payable in accordance with paragraph 8
hereof.
Upon the occurrence of certain events of damage,
destruction or condemnation, the Holder may, as provided in the
Mortgage, apply the net proceeds of any insurance or condem-
nation award to the prepayment, in whole or in part, of the
Principal Balance in which event a prepayment premium shall be
payable if an Event of Default had occurred under the Loan
Agreement or the Mortgage and remains uncured at the time such
prepayment is made.
This Note may be called for redemption and prepay-
ment, in whole, on each Adjustment Date (or at any time within
the six months period following each Adjustment Date) at the
option of the Holder, upon at least thirty (30) days' advance
written notice to the Borrower (or such lesser period of notice
as the Borrower may approve).
8. (a) This Note maybe prepaid in whole, but not in
part, on each Adjustment Date without a penalty or premium.
(b) At the time of any prepayment or
acceleration of this Note and where there is a payment of a
premium required by the provisions of this Note, the Borrower
shall pay, together with the premium, if any, set forth in
paragraph (c) hereof, an amount equal to 1 -1/2% of the amount
of principal so prepaid.
(c) At the time of any prepayment or
acceleration of this Note and where there is payment of a
premium required by the provisions of this Note and the yield
on U.S. Treasury securities (as published by the Federal
Reserve Bank of New York) having a maturity date closest to the
next Adjustment Date (the "Government Yield "), as determined by
the Holder as of the date of prepayment or acceleration, is
less than two and one -half percent in excess of the interest
rate then payable hereon, the Borrower shall pay a premium
calculated as follows: (a) The amount of principal so prepaid
shall be multiplied by (i) the amount by which the stun of two
and one -half percent plus the interest rate then payable hereon
exceeds the Government Yield as of the date of prepayment or
acceleration, times (ii) a fraction, the numerator of which is
the number of days remaining to the next Adjustment Date and
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the denominator of which is 360. (b) The resulting product
shall then be divided by the number of whole months then
remaining to the next Adjustment Date, yielding a quotient (the
"Quotient "). (c) The amount of the prepayment premium payable
under this paragraph shall be the present value on the date of
prepayment or acceleration (using the Government Yield as of
the date of prepayment or acceleration as the discount factor)
of a stream of equal monthly payments in number equal to the
number of whole months remaining to the next Adjustment Date,
with the amount of each such hypothetical monthly payment equal
to the Quotient and with the first payment payable on the date
of prepayment or acceleration Notwithstanding the foregoing, no
such prepayment premium shall be payable with respect to a
prepayment made at the option of the Holder pursuant to Article
Five of the Mortgage or Section 5.02 of the Loan Agreement
unless an Event of Default had occurred under the Loan
Agreement or the Mortgage and remains uncured at the time such
prepayment is made.
9. The payments due under paragraph 1 hereof shall
continue to be due and payable in full until the entire ,
Principal Balance and accrued interest due on this Note have
been paid regardless of any partialiprepayment made hereunder.
10. As provided in the Resolution and subject to
certain limitations set forth therein, this Note is transfer-
able upon the books of the City at the office of the City
Manager by the Holder in person or by his agent duly authorized
in writing, at the Holder's expense, upon surrender hereof
together with a written instrument of transfer satisfactory to
the City Clerk duly executed by the Holder 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 Holder 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 Holder 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.
11. This Note and interest hereon and any premium
due hereunder are payable solely from the revenues and proceeds
under the Loan Agreement pledged to the payment thereof
pursuant to the'Pledge Agreement, except as the same may
otherwise be payable in accordance with the Mortgage and the
Assignment of Rents and Leases, and do not constitute a debt of
the City within the meaning of any constitutional or statutory
- 22 -; 10/22
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 offi-
cers, 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.
12. It is agreed that time is of the essence of this
Note. If the City defaults in the payment when due of any
installment of principal or interest or any premium or penalty
due hereunder and if said default shall have continued for a
period of ten (10) days, or if an Event of Default shall occur
as set forth in the Mortgage, the Disbursing Agreement or the
Loan Agreement, then the Holder shall have the right and option
to declare the Principal Balance, and accrued interest thereon,
together with the premium specified in paragraph 8 hereof,
immediately due and payable but solely from the sources
specified in paragraph 11 hereof. Failure to exercise such
option at any time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
13. The remedies of the Holder, as provided herein
and in the Mortgage, the Assignment of Rents and Leases, the
Loan Agreement and the Disbursing Agreement, are not exclusive
and shall be cumulative and concurrent and may be pursued
singly, successively or together, at the sole discretion of the
Holder, 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.
14. The Holder 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 Holder, 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.
15. This Note shall convert to a non - recourse
obligation of the City and the Borrower upon the terms and
conditions contained in the Loan Agreement.
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• IT IS HEREBY CERTIFIED AND RECITED that all condi-
tions, acts and things required to exist, happen and be perform-
ed precedent to or in the issuance of this Note do exist, have
happened and have been performed in regular and due fonn 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
October , 1984.
Seconded by Councilmember Maida. Ayes - all.
M. AJOURNMENT
9:00 P. M.
City Clerk
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