HomeMy WebLinkAbout11.25.85 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 25, 1985
Council Chambers, Municipal Building
Meeting No. 85-25
A. CALL TO ORDER
A regular meeting of the City Council of Paplewood, Minnesota, was held in the Council
Chambers, Municipal Building, and was called to order at 7:.00 P.M. by P4ayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Absent
MaryLee Maida, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 85-23 (October 28, 1985)
Councilmember Maida moved that the Minutes of Meeting No. 85-23 (October 28,
1985) be approved as submitted.
Seconded by Councilmember Anderson. Ayes - all.
2. Meeting No. 85-24 (November 6, 1985)
Councilmember Anderson moved that the Minutes of Meeting No. 85-24 (November 6,
1985) be approved as submitted.
Seconded by Councilmember Wasiluk. Ayes - all.
3. Meeting No. 85-25 (November 21, 1985)
Councilmember Maida moved to approve the Minutes of Meeting No. 85-25 (November
21, 1985) as corrected:
Page 2 - 5. Add "Knowledge of Union Negotiations"
Seconded by Councilmember Anderson. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the-Agenda as amended:
1. Frost Avenue
2. Maple Manor
3. Snow Plowing
4. Rules of Procedures
5. Hospitalization Insurance - Retirees
~6. Maplewood Fire Fighters Benefit Association
Seconded by Councilmember Anderson. Ayes - all.
11/25
F. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve
the Consent Agenda Items 1 through 4 as recommended:
1. Accounts Payable
Approved the accounts (Part I, Fees - Services - Expenses - Check Register _
dated November 12, 1985, and November 14, 1985 - $176,767.98: Part II,
Payroll dated November 15, 1985, in the gross amount of $121,985.62) in the
amount of $298,753.60.
2. Project 85-4, Reduction of Retainage
Resolution No. 85- 11 - 181
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project No. 85-4, Ripley Avenue Water Main,
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, MINNE-
SOTA, that the project is substantially complete and the retainage is hereby
reduced to 2e.
3. Project 85-9, Change Order
Resolution No. 85~- 11 - 182
BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that Change Order
No. 1 for Project 85-9, Renovation of Lift Stations 6 & 8 is approved and the
City Engineer is directed to execute said Change Order No. 1.
4. Approval of On-Sale and Off-Sale Intoxicating Liquor Licenses:
Resolution No. 85 - 11 - 183
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNE-
SOTA, that the following On-Sale Liquor Licenses having been previously duly
issued by this Council, are hereby approved for renewal for one year, effective
January 1, 1986, with approval granted herein .subject to satisfactory results
of required Police, Eire and Health inspections.
Bali Hai Restaurant Keller Lake Lounge & Restaurant
2305 White Bear Avenue Hook N' Ladder
2280 Maplewood Drive
Chalet Lounge & Restaurant
1520 Rice Street Maple Wheel Lounge
2220 White Bear Avenue
- 2 - 11/25
Chicone's Bar & Cafe, Inc. Maplewood Bowl, Ltd.
2289 E. Minnehaha 1955 English Street
Dean's, Inc. Mr. Steak
1986 Rice Street 1745 E. Cope
Esteban's of Maplewood, Inc. M. T. Pockets
3069 White Bear Avenue 70 E. County Road B
Fox & Hounds Northernaire Motel, Inc.
1734 Adolphus 2441 Highway 61
Garrity's Red Lobster
1696 White Bear Avenue 2925 White Bear Avenue
Gulden's Roadhouse Red Rooster
2999 N. Highway 61 2029 Woodlyn
Holiday Inn of Maplewood Town Crier
1780 E. County Road D 1829 North St. Paul Road
Maplewood Moose Lodge #963 Chuck E. Cheese's Pizza Time Theatre
1946 English Street 2950 White Bear Avenue
(Club License)- (Beer and Wine License)
North Maplewood Lions Organization
1310 Frost Avenue
(Club License)
Resolution No. 85 - 11 - 184
RESOLVED BY THE CITY COUNCIL OF THE C2TY OF MAPLEWOOD, RAMSEY COUNTY, MINNE-
SOTA, that the following-Off-Sale Liquor Licenses having been previously duly
issued by this Council are hereby approved for renewal for one year, effective
January 1, 1956, with approvals granted herein subject to satisfactory results of
required Police, Fire and Health inspections:
J & R Liquors Party Time Liquors
2730 Stillwater Road 1740 Van Dyke Avenue
JR's Maplewood Liquors Red Wagon Liquors
1347 Frost Avenue 2290 Maplewood Drive
Labers Liquors Sarrack's International Wines & Spirits
1730 Rice Street 2305 Stillwater Road
'i Maplewood Wine Cellar Spark Liquors
1231 Frost Avenue 3000 White Bear Avenue
- 3 - 11/25
G. AWARD OF BIDS
1. Trucks
a. Acting Manager Haider presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption:
85 - 11 - 185
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
- bid of Merit Chevrolet, Inc., in the amount of $40,900.00 is the lowest
responsible bid for the purchase of two 1-ton cab and chassis and 1-1/2
ton cab and chasis and an auto transmission for a 1-1/2 ton cab and chassis
and the proper City Officials are hereby authorized and directed to enter
into a contract with said bidder for and on behalf of the City.
Seconded by Councilmember Wasiluk. Ayes - all.
H. UNFINISHED BUSINESS
None.
Mayor Greavu moved to discuss Item K, Council Presentations, at this time.
Seconded by Councilmember Maida. Ayes - all.
K. COUNCIL PRESENTATION
1. Frost Avenue
a. Councilmember Anderson requested an update of the proposed improvement of
Frost Avenue.
b. Acting Manager Raider stated Burlington Northern was sending a right-of-
entry agreement.
2. Maple Manor
a. Councilmember Anderson questioned if Staff had heard from Maple Manor
regarding a drainage pipe.
b. Acting Manager Haider stated a representative from Maple Manor had called
stating they were hiring someone to clean the pipe.
j-,b 3. Snow Plowing
a. Councilmember Anderson questioned if other departments such as Park and Rec-
reation can help with the snow plowing when the street department is short of
help.
b. Staff stated it is the practice of the City to utilize other departments.
F. PUBLIC HEARINGS
1. 7:10 P.M., I.R.B. - Edina Realty
- 4 - 11/25
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Edina Realty for approval of a $1,500,000.00 Industrial Revenue
Note for acquisition of land, construction of a 21,600 square foot office
building on the east side of White Bear Avenue between Lydia and Beam Ave-
nue.
b. Acting Manager Haider presented the Staff report.
c. Mr. Ron Peltier, Edina Realty, spoke on behalf of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Playor Greavu closed the public hearing.
g. Councilmember Maida introduced the following resolution and moved its adoption:
85 - 11 - 186
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT,
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF THE PROJECT TO THE
COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT
OF THE STATE OF MINNESOTA,
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT ,
WHEREAS,
(a) On October 28, 1985, this City Council of the City of Maplewood,
Minnesota (the "City"), adopted a preliminary resolution (the "Earlier
Preliminary Resolution") with respect to a Project (as described therein)
- proposed by a Minnesota general partnership to be formed with Ron Peltier,
Larry Davis and Richard Olson as the general partners (the "Company"), in
the context of notifying the Commissioner of Energy and Economic Develop-
ment Authority (the "Commissioner") of the City's intent to issue its com-
mercial development revenue bonds for this Project;
(b) The Earlier Preliminary Resolution set forth the purposes of the
Minnesota Municipal Industrial Development Act (the "Act") and the manner
:i in which the Project satis€ies andfurthers such purposes;
. (c) The Company has proposed that the City assist in financing such
Project through the issuance of a Revenue Bond or Bonds or a Revenue Note
or Notes (hereinafter referred to in this resolution as "Revenue Bonds")
pursuant to the Act;
' (d) The Company is currently engaged in the business of real estate
development; and the Project to be financed by the Revenue Bonds is an
approximately 21,000 square foot office building to be located on the
- 5 - 11/25
_ East side of White Bear Avenue between Lydia Avenue and Beam Avenue
directly North of the Maplewood East Shopping Center in the City and
consists of the acquisition of land and the construction of buildings
and improvements thereon and the installation of equipment therein,
all to be constructed pursuant to the Company's specifications and to
be initially owned and operated by the Company to be leased to various
parties (the "Project"), and will result in the employment of additional
persons to work within the new facilities;
(e) The City has been advised by representatives of the Company that
conventional, commercial financing to pay the capital cost of the Project
is available only on a limited basis and at such high costs of borrowing
that the economic feasibility of operating the Project would be signi-
ficantly reduced, and the Company has also advised this Council that the
Project would not be undertaken but for the availability of industrial
developmentbond financing;
(f) Pursuant to a resolution of the City Council adopted on October
28, 1985, a public hearing on the Project was held on November-25, 1985,
after notice was published and materials made available for public in-
spection at the City Hall, allas required by Minnesota Statutes, Section
474.01, Subdivision 7b, at which public hearing all those appearing who
desired to speak were heard and written comments were accepted; and
(g) Upon information and belief, no public official of the City
has either a direct or indirect financial interest in the Project nor
will any public official either directly or indirectly benefit finan-
cially from the Project:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, aS follows:
1. This Council hereby finds that no information presented at the
hearing or since the adoption of the Earlier Preliminary Resolution
has caused it to reject the Project or doubt the findings made in the
Earlier Preliminary Resolution. The findings in the Earlier Prelimi-
nary Resolution, and the preliminary approvals grantedtherein, are
ratified and confirmed in full.
2. The Council hereby again gives preliminary approval to the
proposal of the Company that the City undertake the Project pursuant
to the Act and pursuant to a revenue agreement between the City and
Company containing such terms and conditions (with provisions for re-
vision from time to time as necessary) as may be necessary to produce
income and revenues sufficient to pay, when due, the principal of and
interest on the Revenue Bonds in the maximum aggregate principal amount
;b of $1,500,000 to be issuecY~pursuant to the Act to finance the acquisi-
tion, construction and equipping of the Project. Said revenue agree-
ment may also provide for the entire interest of the Company therein to
be mortgaged to the purchaser of the Revenue Bonds. The City hereby
again undertakes preliminarily to issue its Revenue Bonds in accordance
with such terms and conditions.
3. On the basis of information available to this Council, it appears,
and the Council hereby finds, that the Project constitutes properties,
- 6 - 11/25
real and personal, used or useful in connection with one or more
revenue producing enterprises engaged in any business within the
meaning of Subdivision la of Section 474.02 of the Act; that the
Project furthers the purposes stated in Section 474.01 of the Act;
that the Project would not be undertaken but for the availability of .
industrial development bond financing under the Act and the willing-
ness of the City to furnish. such financing; and that the effect of the
Project, if undertaken, will be to encourage the development of economi-
cally sound industry and commerce, to assist in the prevention of the
emergence of blighted and marginal land, to help prevent chronic unemploy-
ment, to help the City retain and improve the tax base and to provide the
range of service and employment opportunities required by the population,
to help prevent the movement of talented and educated persons out of the
State and to areas within the State where their: services may not be as
effectively used, to promote more intensive development and use of land
within the City, and eventually to increase the tax base of the community.
4. The Project is again hereby given preliminary approval by the City,
again subject to theapproval of the Project by the Commissioner or such
other State officer having authority to grant approval, and again further
subject to final approval by this Council, the Company, and the purchaser
of the Revenue Bonds as to the ultimate details of the financing of the
Project.
5. In accordance with Subdivision 7a of Section 474.01 of the Act,
the Mayor or the Clerk of the City is hereby authorized and directed to
submit the proposal for the Project to the Commissioner requesting his
approval, and other officers, employees and agents of the City are hereby
authorized to provide the Commissioner with such preliminary information
as he may require.
6. The Company has agreed and it is again hereby determined that any
and all costs incurred by the City in connection with the financing of
the Project, whether or not the Project is carried to completion and
whether or not approved by the Commissioner, will be paid by the Company.
7. Briggs and Morgan, Professional Association, acting as bond
counsel, is again authorized to assist in the preparation and review
of necessary documents relating to the Project, to consult with the City
Attorney, the Company and the purchaser of the Revenue Bonds as to the
maturities, interest rates and other terms and provisions of the Revenue
Bonds and as to the covenants and other provisions of the necessary docu-
ments, and to submit such documents to the Council for final approval.
8. Nothing in this resolution or in the documents prepared pursuant
hereto shall authorize the expenditure of any municipal funds on the
i Project other than the revenues derived from the Project or otherwise
granted to the City for this purpose. The Revenue Bonds shall not con-
. stitute a charge, lien or encumbrance, legal or equitable, upon any
property or funds of the City except the revenue and proceeds pledged
to the payment thereof, nor shall the City be subject to any liability
- 7 - 11/25
thereon. The holder of the Revenue Bonds shall never have the right
to compel any exercise of the taxing power of the City to pay the
outstanding principal of the Revenue Bonds or the interest thereon, or
to enforce payment thereof against any property of the City. The Reve-
nue Bonds shall recite in substance that the Revenue Bonds, including
interest thereon, are payable solely from the revenue and proceeds
pledged to the payment thereof. The Revenue Bonds shall not constitute
a debt of the City within the meaning of any constitutional or statu-
tory limitation.
9. In anticipation of the approval by the Commissioner and the is-
suance of the Revenue Bonds to finance all or a portion of the Project,
and in anticipation that the City will procure and devote to the Revenue
Bonds an adequate allocation of authority toissue private activity bonds
(which allocation is not made hereby), and in order that completion of the
Project will not be unduly delayed when approved, the Company is again
hereby authorized to make such expenditures and advances toward payment
of that portion of the costs of the Project to be financed from the pro-
ceeds of the Revenue Bonds as the Company considers necessary, including
theuse of interim, short-term financing, subject to reimbursement from
the proceeds of the Revenue Bonds if and when delivered but otherwide
without liability on the part of the City.
Adopted by the City Council of the City of Maplewodd, Minnesota, this
25th day of November, 1985.
Mayor
Attest:
Clerk
Seconded by Councilmember Anderson. Ayes - all.
K. COUNCIL PRESENTATIONS (Continued)
4. Rules of Procedures
a. Tabled to the December 9, 1985 Meeting.
5. Hospitalization - Retirees
a. Councilmember Anderson questioned if employees who retire from the City
'y are covered with medical insurance.
b. Staff stated they were not.
c. Council directed Staff to investigate the possibilities.
PUBLIC HEARINGS
2. 7:20 P.M., C and White Bear Avenue Associates
- 8 - 11/25
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Gerald Mogren, C and White Bear Avenue Associate~iS for approval of
- a $900,000.00 Industrial Revenue Note to construct a 21,000 square foot re-
tail shopping center to be located at the northwest corner of the intersec-
tion of County Road C and White Bear Avenue.
b. Acting Manager Haider presented the Staff report.
c. Mr. GeraldMOgren, C and White Bear Avenue Associates, spoke on behalf
of the proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its
adoption:
85 - 11 - 187
RESOLUTION RECITING A PROPOSAL FOR A
COMMERCIAL FACILITIES DEVELOPMENT PROJECT,
GIVING PRELIMINARY APPROVAL TO THE PROJECT
PURSUANT TO THE MINNESOTA
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT,
AUTHORIZING THE SUBMISSION OF AN APPLICATION
FOR APPROVAL OF THE PROJECT TO THE
COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT
OF THE STATE OF MINNESOTA,
AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS AND MATERIALS
IN CONNECTION WITH THE PROJECT
WHEREAS,
(a) On October 28, 1985, this City Council of the City of Maplewood,
Minnesota (the "City"), adopted a preliminary resolution (the "Earlier
Preliminary Resolution") with respect to a Project (as described therein)
proposed by C and White Bear Avenue Associates, a Minnesota general'part-
nership to be formed with Gerald C. Mogren, as a general partner (the
"Company"), in the context of notifying the Commissioner of Energy and
Economic Development Authority (the "Commissioner") of the City's intent
to issue its commercial development revenue bonds for this Project;
',j (b) The Ear Lier Preliminary Resolution set forth the purposes of the
Minnesota Municipal Industrial Development Act (the "Act") and the manner
in which the Project satisfies and furthers such purposes;
(c) The. Company has proposed that the City assist in financing such
- Project through the issuance of a Revenue Bond or Bonds or a Revenue
Note or Notes (hereinafter referred to in this resolution as "Revenue
Bonds") pursuant to the Act;
- 9 - 11/25
(d) The Company is currently engaged in the business of real
estate development; and the Project to be financed by the Revenue
Bonds is an approximately 21,000 square foot retail shopping center
to be located at the northwest corner of the intersection of County Road
C and White Bear Avenue in the City and consists of the acquisition of
land and the construction of buildings and improvements thereon and the
installation of equipment therein, all to be constructed pursuant to the
Company's specifications and to be initially owned and operated by the
Company to be leased to various parties (the "Project"), and will re-
sult in the employment of additional persons to work within the new
facilities;
(e) The City has been advised by representatives of the Company that
conventional, commercial financing to pay the capital cost of the Project
is available only on a limited basis and at such high costs of borrowing
that the economic feasibility of operating the Project would be signi-
ficantly reduced, andthe Company has also advised this Council that the
Project would not be undertaken but for the availability of industrial
_ development bond financing;
(f) Pursuant to a resolution of the City Council adopted on October
28, 1985, a public hearing on the Project was heldon November 25, 1985,
after notice was published and materials made available for public in-
spection at the City Hall, all as required by Minnesota Statutes, Sec-
tion 474.01, Subdivision 7b, at which public hearing all those appearing
who desired to speak were heard and written comments were accepted; and
(g) Upon information and belief, no public official of the City has
either a direct or indirect financial interest in the Project nor will
- any public official either directly or indirectly benefit financially
from the Project:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA,' as follows:
1. This Council hereby finds that no information presented at the
hearing orsince the adoption of the Earlier Preliminary Resolution
has caused it to reject the Project or doubt the findings made in the
Earlier Preliminary Resolution. The findings in the Earlier Prelimi-
nary Resolution, and the preliminary approvals granted therein, are
ratified and confirmed in full.
2. The Council hereby again gives preliminary approval to the
proposal of the Company that the City undertake the Project pursuant
to the Act and pursuant to a revenue agreement between the City and
Company containing such terms and conditions (with provisions for re-
Ib vision from time, to time as necessary) as may be necessary to produce
income and revenues sufficient to pay, when due, the principal of and
interest on the Revenue Bonds in the maximum aggregate principal amount
of $900,000 to be issued pursuant to the Act to finance the acquisition,
construction and equipping of the Project. Said revenue agreement may
also provide for the entire interest of the Company therein to be mort-
gaged to thepurchaser of the Revenue Bonds. The City hereby again
' undertakes preliminarily to issue its Revenue Bonds in accordance with
such terms and conditions.
- 10 - 11/25
3. On the basis of information available to this Council, it
appears, and the Covncil hereby finds, that the Project constitutes
properties, real and personal, used or useful in connection with one
or more revenue producing enterprises engaged in any business within
the meaning of Subdivision la of Section 474.02 of the Act; that the
Project furthers the purposes stated in Section 474.01 of the Act;
that the Project would not be undertaken but for the availability of
industrial development bond financing under the Act and the willing-
. ness of the City to furnish such financing; and that the effect of
the Project, if undertaken, will be to encourage the development of
economically sound industry and commerce, to assist in the prevention
of the emergence of blighted and marginal land, to help prevent chronic
unemployment, to help the City retain and improve the tax base and to
provide the range of service and employment opportunities required by
the population, to help prevent the movement of talented and educated
persons out of the State and to areas within the State where their
services may not be as effectively used, to promote more intensive
development and use of land within the City, and eventually to in-
crease the tax base of the community.
4. The Project is again hereby given preliminary approval by the
City, again subject to the approval of the Project by the Commissioner
or such other State officer having authority to grant approval, and
again further subject to final approval by this Council, the Company,
and the purchaser of the Revenue Bonds as to the ultimate details of
the financing of the Project.
5. In accordance with Subdivision 7a of Section 474.01 of the
Act, the Mayor or the Clerk of the City is hereby authorized and
directed to submit the proposal for the Project to the Commissioner
requesting his approval, and other officers, employees and agents of
the City are hereby authorized to provide the Commissioner with such
preliminary information as he may require.
6. The Company has agreed and it is again hereby determined that
any and all costs incurred by the City in connection with the financing
of the Project, whether or not the Project is carried to-completion and
whether or not approved by the Commissioner, will be paid by the Company.
7. Briggs and Morgan, Professional Association, acting as bond counsel,
is again authorized to assist in the preparation and review of necessary
documents relating to the Project, to consult with the City Attorney, the
Company and the purchaser of the Revenue Bonds as to the maturities, in-
terest rates and other terms and provisions of the Revenue Bonds and as
to the covenants and other provisions of the necessary documents, and
to submit such documents to the Council for final approval.
i
8. Nothing in this resolution or in the documents prepared pursuant
hereto shall authorize the expenditure of any municipal funds on the
Project other than the revenues derived from the Project or otherwise
granted to the City for this purpose. The Revenue Bonds shall not con-
stitute a charge, lien or encumbrance, legal or equitable, upon any
- 11 - 11/25
property or funds of the City except the revenue and proceeds pledged
to the payment thereof, nor shall the City be subject to any liability
thereon. The holder of the Revenue Bonds shall never have the right to
compel any exercise of the taxing power of the City to pay the outstand-
ing principal of the Revenue Bonds or the interest thereon, or to enforce
payment thereof against any property of the City. The Revenue Bonds shall
recite in substance that the Revenue Bonds, including interest thereon,
are payable solely from the revenue and proceeds pledged to the payment
thereof. The Revenue Bonds shall not constitute a debt of the City within
the meaning of any constitutional or statutory limitation.
9. In anticipation of the approval by the Commissioner and the issuance
- of the Revenue Bonds to finance all or a portion of the Project, and in
anticipation that the City will procure and devote to the Revenue Bonds
an adequate allocation of authority to issue private activity bonds (which
allocation is not made hereby), and in order that completion of the Project
will not be unduly delayed when approved, the Company is again hereby author-
ized to make such expenditures and advances toward payment of that portion
_ of the costs of the Project to be financed from the proceeds of the Revenue
Bonds as the Company considers necessary, including the use of interim,
short-term financing, subject to reimbursement from the proceeds of the
Revenue Bonds if and when delivered but otherwise without liability on the
- part of the City. '
Adopted by the City Council of the City of Maplewood, Minnesota, this
25th day of November, 1985.
Mayor
Attest:
City Clerk
Seconded by Councilmember Wasiluk. Ayes - all. -
K. COUNCIL PRESENTATIONS (Continued)
6. Maplewood Fire Fighters' Relief Association
a. Mayor Greavu stated the Maplewood Fire Fighters' Relief Assocation is
requesting a raise in the retirement benefits from $800.00 to $1,000.00
per year of service.
`'i b. Mayor Greavu moved to approve the increase in the retirement benefits of
- the Maplewood Fire Fighters' Relief Association from $800.00 to $1,000.00 per
year of service.
Seconded by Councilmember Maida. Ayes - all.
- 12 - 11/25
..5. NEW BUSINESS
1. Sign Permit 3035 White Bear Avenue (The Tan Line)
a. Director of Community Development Geoff Olson presented the Staff report.
b. Councilmember Maida moved to approve one 20-day portable sign permit for
the Tan Line for the remainder of 1985 and that the applicant must obtain the
standard sign permit.
Seconded by Councilmember Wasiluk. Ayes - all.
2. Home Share Pilot Program
a. Director of Community Development Olson presented the Staff report.
b. Chairman Lorraine Fischer presented the Housing and Redevelopment Authority
report.
c. Councilmember Maida moved to approve the following:
- 1. Authorize the Mayor and City Clerk to sign the prepared Joint
Powers Agreement for the Home Share Pilot Program.
2. Approve a transfer in the 1986 Budget of $160 from the contingency
account to account O1-4480-09.
3. Appoint Lorraine Fischer and Dale Carlson as the two representatives
and an alternate of thezp.:::chooszDg £or,each to.•sezrcre~~on~the:._Home
Share Program Steering Commission.
4. Authorize Maplewood to continue to supply the staffing for the
Home Share Program Steering Commission.
- Seconded by Councilmember Anderson. Ayes - all.
F. PUBLIC HEARINGS (Continued)
3. 7:30 P.M., Variance 2633 White Bear Avenue (Kenneth's)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Kenneth Gamboni, Kenneth'son White Bear, for approval of a
7.5 foot side yard setback variance for a free standing sign.
b. Director of Community Development Olson presented the Staff report.
a c. Board Member George Rossbach presented the Community Design Review Board
report.
d. Mr. Kenneth Gamboni, the applicant, spoke on behalf of his request.
e. Mayor Greavu called for proponents. None were heard.
~f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the puNalic hearing.
- 13 - 11/25
_
h. Councilmember Anderson introduced the following resolution and movedits
adoption:
85 - 11 - 188
WHEREAS, Kenneth R. Gamboni applied for a variance for the following-
described property:
Unplatted lands., the South 80 feet of the North 305 feet of that
part of the Northeast 1/4 of the Northwest 1/4, lying westerly of
the West line of White Bear Avenue as described in document 2202969. -
in Section 11, T. N29, R. N22.
This property is also known as 2623 White Bear Avenue, Maplewood;
WHEREAS, Section 36-272 (b) (2) of the Maplewood Code of Ordinances requires
a ten foot side yard setback minimum for a freestanding sign;
WHEREAS, the applicant is proposing a 2 1/2 foot setback, requiring a
variance of 7 1/2 feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on October 8, 1985.
2. This variance was reviewed by the Maplewood Community Design Review
Board on October 22, 1985. The board recommended to the City Council
that said variance be approved.
3. The Maplewood City Council held a public hearing on November 25th,
1985, to consider this variance. Notice thereof was published and
mailed pursuant to law. All persons present at daid hearing were
given an opportunity to be heard and present written statements.
. The Council also considered reports and recommendations of the City
Staff and Board.
NOW, THEREFORE, BE IT RESOLVED BY THEMAPLEWOOD CITY COUNCIL that the above-
described variance be approved on the basis of the following findings of fact:
1. Undue hardship would be caused the applicant if code was met
since there is no other feasible location for the sign without
conflicting with traffic flow or hindering the sign's visibility.
2. The spirit and intent of the ordinance would be met since there are
no adjacent pylon signs on the neighboring lot that would crowd the
proposed sign.
Seconded by Councilmember Wasiluk. Ayes - all.
I. NEW BUSINESS (Continued)
3. Code Amendment Small Lot Single Dwellings (1st Reading)
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a. Director of Community Development Olson presented the Staff report.
b. Chairman Lorraine Fischer presented the Housing and Redevelopment
Authority report.
c. Commissioner Lorrraine Fischer presented the Planning Commission report.
d. Councilmember Maida moved first reading of an ordinance to amend the
zoning code for small lot single dwelling properties to:
1. Reduce the minimum lot width requirement
2. Increase the minimum side yard area for each lot.
Seconded by Councilmember Anderson. Ayes - all.
F. PUBLIC HEARINGS (Continued)
4. 7:40 P.M., Tax Exempt Financing Harmony School Site
a. Mayor Greavu convened the meeting for a public hearing regarding a request
of Smith Investment Properties for preliminary approval of a 6.5 million tax
exempt mortgage revenue bond program to construct a 116-unit senior housing
complex.
b. Director of Community Development Olson presented the Staff report.
c. Commissioner Lorraine Fischer presented the Planning Commission report.
d. Mr. Tony Danna, representing the developers, spoke on behalf of the
proposal.
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 Anderson moved to amend the housing bond plan to include a
$6.5 million tax exempt financing program for the Harmony Seniors' Residence
Project.
Seconded by Councilmember Maida. Ayes - all.
i. Councilmember Anderson introduced the following resolution and moved its
adoption:
I a a.
85 - 11 - 189
- 15 - 11/25
RESOLUTION RECITING A PROPOSAL FOR A
FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL
HOUSING DEVELOPMENT, GIVING PRELIMINARY
APPROVAL, TO THE PROJECT AND THE HOUSING PROGRAM,
PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C,
- AUTHORIZING THE CITY OF MAPLEWOOD
TO ISSUE HOUSING REVENUE BONDS
AND AUTHORIZING THE SUBMISSION OF THE
HOUSING PROGRAM FOR THE PROJECT FOR APPROVAL TO THE
MINNESOTA HOUSING FINANCE AGELSCY AND
AUTHORIZING THE PREPARATION OF NECESSARY
DOCUMENTS AND MATERIALS IN CONNECTION
WITH THE SAID PROJECT AND PROGRAM
(HARMONY SENIOR RESIDENCES PROJECT)
WHEREAS,
(a) Minnesota Statutes, Chapter 462C (the "Act") confers upon cities
the power to issue revenue bonds to finance a program for the purposes of
- planning, administering, making or purchasing loans with respect to one
or more multi-family housing developments within the boundaries of the
City;
(b) The City has received from Smith Investment Properties, a
Minnesota general partnership with Bret M. Smith, N. Russell Smith
and Norman P. Smith as the general partners (the "Developer"), a pro-
. posal that the City undertake a program to finance a Project herein-
after described through the issuance of revenue bonds or obligations
(in one or more series or which may be in the form of a single debt in-
strument) (the "Bonds") pursuant to the Act;
(c) The City desires to: facilitate the development of rental hous-
- ing within the community; encourage the development of affordable housing
opportunities for residents of the City; encourage the development of
housing facilities designed for occupancy by persons of low or moderate
income; and encourage the development of blighted or underutilized land
and structures within the boundaries of the City; and the Project will _
assist the City in achieving these objectives;
(d) The Developer is engaged in the business of providing rental
housing. The Project to be financed by the Bonds is the construction,
renovationand equipping of two buildings, one containing approximately
52 rental units and anticipatedto consist of all one-bedroom units, and
the other building containing approximately 64 rental units and antici-
pated to consist of 16 one-bedroom units and 48 two-bedroom units, loca-
:a ted at the northeast corner of the intersection of White Bear Avenue and
County Road C in the City, which will result in the provision of addi-
tional rental housing opportunities to persons within the community;
- 16 - 11/25
(e) The City has been advised by the Developer that conventional,
commercial financing to pay the capital costs of the Project is avail-
- able only on a limited basis and at such high costs of borrowing that
the economic feasibility of operating the Project would be significantly
reduced, but the Developer has also advised the City that with the aid
of municipal financing, and resulting low borrowing costs, the Project is
economically more feasible;
(f) A public hearing on the Project and the housing program was held
on November 25, 1gS5, by the Maplewood City Council, after notice was pub-
lished, all as required by Minnesota Statutes, Section 46X.05, subd. 5,
at which public hearing all those appearing at said hearing who desired
to speak were heard;
(g) No public official of the City has either a direct or indirect
financial interest in the Project nor will any public official either
directly or indirectly benefit financially from the Project;
(h) The housing program has been submitted to the Metropolitan
Council for its review and comment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLE-
WOOD, MINNESOTA, as follows:
1. The City hereby gives preliminary approval to the proposal of
the Developer that the City undertake the Project, described
above, and the program of financing the rebor, pursuant to Minne-
sota Statutes, Chapter 462C, consisting of the construction ,
renovation and equipping of multi-family rental housing facili-
ties within the City pursuant to the Developer's specifications
and to a revenue agreement between the City and the Developer on
such terms and conditions with provisions for revision from time
to time as necessary, so as to produce income and revenues suf-
. ficient to pay, when due, the principal and interest on the
Bonds in a total principal amount of approximately $6,500,000
to be issued pursuant to the Act to finance the construction,
renovation and equipping of the Project; and said agreement
may also provide for the entire interest of the Developerthere-
in to be mortgaged to the purchaser or purchasers of the Bonds,
or a trustee for the holder(s) of the Bonds; and the City hereby
undertakes preliminarily to issue its bonds in accordance with
such terms and conditions;
2. The housing program is hereby approved and adopted and the City
Clerk is authorized and directed to submit the housing program
to the Minnesota Housing Finance Agency ("MHFA") for its review;
I i a.
3. At the option of the Developer, the financing may be structured
so as to take advantage of whatever means are available and are
permitted by law to enhance the security for, or marketability of,
the Bonds; provided that any such financing structure must be ap-
- proved by the City;
- 17 - 11/25
4. On the basis of information available to the City, it appears,
~ and the City hereby finds, that the Project constitutes a multi-
family housing development within the meaning of subdivision 5
of Section 46X.02 of the Act; that the Project will be primarily
occupied, in part, by persons of low or moderate income; that the
availability of the financing under the Act and the willingness of
the City to provide such financing will be a substantial inducement
to the Developer to undertake the Project, and that the effect of
the Project, if undertaken, will be to encourage the provision of
additional multi-family rental housing opportunities to residents
of the City, to assist in the .prevention of the emergence of
blighted and marginal land and to promote more intensive develop-
ment and use of land within the City;
5. The Project, and the housing program to finance the Project by the
issuance of revenue bonds, are hereby given preliminary approval
by the City subject to the review of the housing program by the
Minnesota Housing Finance Agency (the "MHFA") and subject to final
approval by the City, the Developer and the purchasers of the Bonds
as to ultimate details of the financing of the Project;
6. In accordance with subdivision 5 of Section 46X.05, Minnesota
Statutes, the Mayor of the City is hereby authorized and directed
to submit the housing program for financing the Project to the
MHFA, requesting its review, and other officers, employees and
agents of the City are hereby authorized to provide the MHFA with
preliminary information as it may require;
7. The Developer has agreed and it is hereby determined that~any and
all costs incurred by the City in connection with the financing
of the Project whether or not the Project is carried to completion
and whether or not approved by MHFA will be paid by the Developer;
8. Briggs and Morgan, Professional Association, acting as bond
counsel, is authorized to assist in the preparation and review
- of necessary documents relating to the Project and the housing
program therefor, to consult with the City Attorney, the City's
fiscal consultant, Developer and purchasers of the Bonds (or
_ trustee for the purchasers of the Bonds) as to the maturities,
interest rates and other terms and provisions of the Bonds and
as to the covenants and other provisions of the necessary docu-
ments and submit such documents to the City for final approval;
9. Nothing in this Resolution or the documents prepared pursuant
hereto shall authorize the expenditure of any municipal funds
on the Project other than the revenues derived from the Project
or otherwise granted to the City for this purpose. The Bonds
shall not constitute a charge, lien, or encumbrance, legal or
equitable, upon any property or funds of the City except the
revenues and proceeds pledged to the payment thereof, nor shall
the City be subject to any liability thereon. The holder or
- 18 - 11/25
holders of the Bonds shall never have the right to compel
any exercise of the taxing power of the City to pay the out-
standing principal on the Bonds or the interest thereon, or
to enforce payment thereon against any property of the City.
The Bonds shall recite in substance that the Bonds, including
the interest thereon, are payable solely from the revenue and
proceeds pledged to the payment thereof. The Bonds shall not
constitute a debt of the City within the meaning of any consti-
tutional or statutory limitation;
10. In anticipation of the approval by the P4HFA and the issuance of
theBOnds to finance all or a portion of the Project, and in
order that completion of theProject will not be unduly delayed
when approved, the Developer is hereby authorized to make such
expenditures and advances toward payment of that portion of the
costs of the Project to be financed from the proceeds of the
Bonds, as the Developer considers necessary, including the use
of interim, short-term financing, subject to reimbursement from
the proceeds of the Bonds if any when delivered but otherwise
without liability on the part of the City;
11. Ifconstruction of the Project is not started within one year
from the date hereof, this resolution shall thereafter have no
force and effect and the preliminary approval herein granted is
withdrawn.
_ Seconded by Councilmember Maida. Ayes - all.
I. NEW BUSINESS (Continued)
4. March of Dimes Super 400 Snowmobile Marathon
a. Acting Manager Haider presented the Staff report.
b. Councilmember Maida moved to approve the route through Maplewood for the
Super 400 March of Dimes Snowmobile Marathon as presented.
Seconded by Mayor Greavu. Ayes - all.
5. Ramsey-Washington Metro Watershed District Nomination
a. Acting Manager Haider presented the Staff report.
b. Mayor Greavu moved to nominate MaryLee Maida to the Ramsey-Washington Metro
Watershed District Board of Managers.
+ Seconded by Councilmember Wasiluk. Ayes - all.
6. Attorney Fee Structure
a. Acting Manager Haider
,b. Mayor Greavu~movedto set thelegalfees for the firm of Lais, Bannigan,
and Kelly, City Attorneys, for 1986as$60.00 an hour for budgete i ems an
~Z5.00 per hour for litigatonmatters.
Seconded by Councilmember Maida Ayes - all.
- 19 - 11/25
Mayor Greavu moved to waive the Rules of Procedures and discuss Item J. at
this time.
Seconded by Councilmember Maida. Ayes - all.
J. VISITOR PRESENTATION
1. Clyde Fish, Grant Realty
a. Mr. Fish stated the Members of Building Council is requesting that the
City Council update the density based on the 1970 Census to at least the
1980 Census.
b. Mayor Greavu moved to proceed in updating the density based on a current
Census.
Seconded by Councilmember Wasiluk. Ayes - all.
I. NEW BUSINESS (Continued)
7. December 23, 1985 Council Meeting
a. Council stated the regular meeting will be held as scheduled December 23,
1985.
8. Selection of City Manager Criteria
a. Councilmember Maida moved to appoint City Attorney Donald Lais to the
position of City Manager.
b. Councilmember Anderson moved to table this discussion until the next
meeting.
Motion died for lack of a second.
c. Mayor Greavu moved that Donald Lais be appointed as City Manager of
Maplewood for the contract of four years.
Seconded by.Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Maida and Wasiluk.
Councilmember Anderson abstained.
L. ADMINISTRATIVE PRESENTATIONS
i None. ~
M. ADJOURNMENT
8:49 P.M.
City Clerk