HomeMy WebLinkAbout12.23.85 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 23, 1985
Council Chambers, Municipal Building
Meeting No. 85-29
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 7:20P.M. by Mayor Greavu.
(Council had met in Executive Session at 7:00 P.M.)
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
MaryLee Maida, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 85-27 (December 9, 1985)
Councilmember Maida moved to approve the Minutes of Meeting No. 85-27 (December 9,
1985) as submitted.
Seconded by Councilmember Wasiluk. Ayes - all.
D. APPROVAL OF AGENDA
Playor Greavu moved to approve the Agenda as amended:
1. Personal
2. Metro Supervisory Unit
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Items E-6 and 7 from the Consent Agenda to be discussed after Item
H-2.
Mayor Greavu moved, seconded by Councilmember Anderson, Ayes - all, to approve the
Consent Agenda, Items 1 through 5, 8 and 9 as recommended:
1. Accounts Payable
1
Approved the accounts (Part I - Fees, Services, Expenses Check register dated
December 10, 1985 through December 12, 1985 - $518,056.35: Part II - Payroll
dated December 13, 1985 - $129,029.32) in the amount of $647,085.67.
2. Transfers to Close Irnprovement Projects
Council (1) authorized the closing of Project 81-12 by a transfer of its
surplus balance to Project 80-10 and(2) authorized the closing of Project 85-26
by a transfer of $7,071.91 from the General Fund to eliminate the deficit.
12/23
3. City Subsidy for McClelland Street Water
Approved a transfer of $15,5000 from the Hydrant Charge Fund to the ScClelland
Street Water Project to finance the costs that were not assessed.
4. Time Extension 1780 Ruth Street
Approved the renewal of the conditional use permit for the Krueger Pen n" Press
home occupation for five years, subject to the original conditions of approval.
5. Proposed 1986 Fire Department Dispatching Service Charge.
Approved the following Fire Department dispatching charges for 1986:
Woodbury Charge
253 - Chief's Car $ 190.00
254 - Pumper 190.00
255 - Pumper 190.00
257 - Grass Rig 190.00
259 - Ambulance 190.00
264 - Pumper 190.00
265 - Aerial-Ladder-Pumper 190.00
266 - Pumper: 190.00
267 - Grass Rig 190.00
268 - Tanker 190.00-
269 - Ambulance 190.00
Total $2,090.00
City of Woodbury
263 - Eire Marshal Vehicle 190.00
Total $ 190.00
Oakdale
284 - Ambulance - 190.00
286 - Pumper 190.00
287 - Pumper 190.00
288 - Grass Truck 190.00
289 - Tanker 190.00
290 - Chief's Car 190.00
Total $1,140.00
East County Line
3
119 - Ambulance 190.00
Total $ 190.00
TOTAL $3,610.00
6. IRB Final Approval - Western State Bank
Discussed with Item H-2.
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7. IRB Final Approval - Edina Realty
Discussed with Item H-2.
8. Budget Change for PAC Funds
Authorized the payment of assessments for Lots 1 through 16, Block 1, and
Lots 1 through 36, Block 2, Sterling Glen Addition, in the amount of $28,150.18
and $5,925.92 due in 1986 from the Commercial P.A.C. Account.
9. Donation to City in Lieu of Taxes
Accepted the donation of $400.00 from Trinity Baptist Church, 2220 Edgerton
Street, in lieu of taxes and that a letter of thanks be forwarded.
F. PUBLIC HEARINGS
1. 7:00 P.M. - Code Amendment CNG & LPG Facilities (2ndRe ading) 4 Votes
a. Mayor Greavu convened the meeting for a public hearing regarding (1) amend-
. ing the BC business commercial code to allow CNG (compressed natural gas) and
LPG (liquid petroleum gas) dispersing facilities as a permitted use (2) amend-
- ing the code to require annual licensing of CNG and LPG facilities and establish-
ing a license fee.
b. Director of Community Development Geoff Olson presented the Staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Bastian introduced the following ordinance and moved its adoption:
ORDINANCE NO. SB~S
AN ORDINANCE RELATING TO ZONING A:dD LICENSING
REQUIREMENTS FOR CN AND LP GAS DISPENSING FACILITIES
Section 1. Sec. 36-153 (1) (j) and (k) of the BC, business commercial district
are hereby amended as follows:
Sec:. 36-153 (1) of the BC, business commercial code:
(j) CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing
facilities, except those whose primary purpose is to produce power and
'i
light for nonvehicle uses, such as at 3M, N5P's facility on Century Ave-
. nue and for temporary use in construction sites. Tanks shall not exceed
a water capacity of 1500 gallons. The licensing requirements in Chapter
17.3 shall be complied with.
(k) Any use of the same general character as any of the above uses, provided
• that no use which is noxious or hazardous shall be permitted.
Section 2. City code is hereby amended to add the following chapter:
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Chapter 17.3
CNG AND LPG DISPENSING FACILITIES
Sec. 17.3-1. License required.
Except as stated in Section 17.3-2, a license shall be required to engage in the
business of the dispensing of CNG (compressed natural gas) or LPG (liquid petroleum
gas) to motor vehicles or to fuel containers for end use. All such facilities that
were in existence prior to this requirement, shall obtain a license within three
months of the date this ordinance becomes effective. A license shall not be issued
until all zoning and site design requirements are satisfied and the Fire Marshal
grants approval, based upon compliance with National Fire Protection Association
(NFPA) Pamphlet 58.
Sec. 17.3-2. License exeanp~~d:,
LGN (liquid natural gas), CNG or LPG facilities used solely to produce light or
power for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue and
- temporary use on construction sites, shall be exempted from licensing. CNG and
LPG dispensing facilities that are licensed under a motor fuel station permit shall
- be exempted from licensing under Section 17.3-1.
Sec. 17.303. License duration.
All licenses issued under this chapter shall be subject to annual renewal. Renewal
shall be subject to compliance with NFPA Pamphlet 58 requirements and any othex re-
quirements imposed as a condition of previous approval(s).
Section 3. This ordinance shall take effect upon its passage and publication.
Passed by the City Council of the
City of Maplewood, Minnesota, this
23rd day. of December, 1985.
Mayor
ATTEST:
Ayes - 5
City Clerk Nays - 0
Seconded by Councilmember Anderson.
g. Councilmember Bastian introduced the following resolution and moved its
adoption:
85 - 12 - 200
_ d
WHEREAS, an amendment to the Code of Ordinances has been proposed to
require annual licensing of CNG (compressed natural gas) and LPG (liquid
petroleum gas) dispensing facilities;
WHEREAS, Section 17-2 of the Code of Ordinances permits the City Council
to establish license fees by resolution;
- 4 - 12/23
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that:
The initial licensing fee for CNG (compressed natural gas) and LPG
(liquid petroleum gas) dispensing facilities, licensed under Chapter
17.3 of the Code of Ordinances shall be based upon the fee schedule in
the Uniform Building Code.
The annual license renewal fee for LPG or CNG dispensing facilities,
licensed under Chapter 17.3 of City Code, shall be $15.00 per dis-
penser.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this resolution shall become
effective upon the adoption and publication of Chapter 17.3 of the Code of
Ordinances.
Seconded by Councilmember Anderson. Ayes - all.
2. 7:10 P.M., Code Amendment - Planning Fees (2nd Reading)
a. Mayor Greavu convened the meeting for a public hearing regarding the
- adoption of the planning fees.
b. Director of Community Development Olson presented the Staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson introduced the following ordinance and moved its
adoption:
ORDINANCE NO. 588
PLANNING FEES
Section 1. Section 36-26 of the Zoning Code of the City of Maplewood is
hereby amended as follows:
Sec. 36-26. Fees. The following nonrefundable application fees shall
be required:
Zone Change $146.00*
Conditional Use Permit 146.00*
Planned Unit Development 146.00*
jy Comprehensive Rlan Amendment 146.00
Variances:
R-1 42.00*
All other districts 83.00*
Vacations 47.00*
Lot Divisions 31.00 for each lot created
Preliminary Plat 146.00
' Home Occupation Permit 42.00*for the initial permit and
16.00 for an annual renewal
Final Plat 31.00
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*This fee sha3~l be increased by $10.00 for each affected property, to pay
for the County's recording fee.
Section 2. Section 36-258 of the sign code is amended as follows:
Sec. 36-258. Fees.
(1) A sign erection permit fee (except for billboards) shall be paid
in accordance with the following schedule:
Square Feet Fee
1 - 10 $11.00
11 - 25 16.00
26 - 50 26.00
51 - 100 62.00
Over 100 114.00
(2) The fee for erection of billboards shall be $9.00 for the first
five square feet, plus 49C for each additional square foot.
(3) The annual license fee for billboards sh all be $213.00.
Section 3. This ordinance shall take effect on January 1, 1986.
Passed by the Maplewood City
Council, this 23rd day of
December, 1985.
Mayor
ATTEST:
Clerk Ayes - 5
Nays - 0
Seconded by Councilmember Bastian.
3. 7:20 P.M., Street and Alley Vacation Price Street
a. Mayor Greavu convened the meeting for a public hearing regarding the propo-
sal to vacate the easterly 270 feet of Price Street, lying between Rice Street
and the railroad tracks and the vacation of the alley to the south.
b. Director of Community Development Geoff Olson presented the Staff report.
c. Mayor Greavu called for proponents. None were heard.
'a
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Maida introduced the followinq resolution and moved-its adoption:
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85 - 12 - 201
WHEREAS, Brody Associates, Znc., initiated proceedings to vacate the
public interest in the following described property:
The east-west alley within Block 8 of St. Aubin and Dion's Rice
Street Addition;
WHEREAS, the following adjacent properties are affected:
Lots 1 - 9 and 17 - 25, Block 8, St. Aubin and Dion's Rice Street
Addition;
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said alley have
signed a petition for this vacation;
2. The vacation was reviewed by the Planning Commission on December 2,
1985. The Planning Commission recommended to the City Council that
this vacation be approved.
3. The City Council held a public hearing on December 23, 1985, to
consider this vacation. Notice thereof was published and mailed
pursuant to law. All persons present at this hearing were given
an opportunity to be heard and present written statements. The
Council also considered reports and recommendations of the City Staff
and Planning Commission.
WHEREAS, upon vacation of the above-described alley, public interest in the
property will accrue to the following described properties:
Lots 1 - 9 and 17 -.25, Block 8, St. Aubin and Dion's Rice Street
- Addition.
- NOW, THEREFORE, HE IT RESOLVED, by the Maplewood City Council that it is in
the public interest to grant the above-described vacation on the basis that this
alley is not needed for public right-of-way purposes.
This vacation is subject to the retention of an easement for sanitary sewer
over the easterly 20 feet.
- Seconded by Councilmember Bastian. Ayes - all.
g. Councilmember Maida introduced the following resolution and moved its adoption:
a 85 - 12 - 202.
WHEREAS, Brody Associates, Inc., initiated proceedings to vacate the public
interest in the following described property:
The easterly 270 feet of Price Street lying between Rice Street and
the railroad tracks in Section 18, Township '29, Range 22.
WHEREAS, the following adjacent properties are affected:
- 7 - 12/23
Lots 19 - 25, Block 7 and Lots 1 - 7, Block 8 of St. Aubin and
Dion's Rice Street Addition.
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said street right-
. of-way have signed a petition for this vacation;
2. This vacation was reviewed by the Planning Commission on December
2, 1985. The Planning Commission recommended to the City Council
that this vacation be approved.
3. The City Council held a public hearing on December 23, 1985, to
consider this vacation. Notice thereof was published and mailed
pursuant to law. All persons persent at this hearing were given
an opportunity to be heard and present written statements. The
Council also considered reports and recommendations of the City
Staff and Planning Commission.
WHEREAS, upon vacation of the above-described street right-of-way,
public interest in the property will accrue to the following described
abutting properties:
Lots 19 - 25, Block 7, and Lots 1 - 7, Block 8 of St. Aubin and
Dion's Rice Street Addition.
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is
in the publicinterest to grant the above-described vacation on the basis that
this section of right-of-way is not needed for public street use.
This vacation is subject to the retention of an easement for sanitary
sewer over the easterly 20 feet.
Seconded by Councilmember Bastian. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Budget Change L.O.G.I.S.
a. Finance Director Dan Faust presented the Staff report.
b. Councilmember Bastian moved to approve a budget transfer of $20,170 from the
a General Fund, Contingency Account, to the Finance Department b~{dget to finance
the unanticipated L.O.G.I.S. data processing costs for 1986.
Seconded by Councilmember Anderson. Ayes - all.
2. Tax Exempt Financing Final Approval - Silver Ridge
a. City Attorney John Bannigan presented an opinion regarding approving the
tax-exempt financing for Silver Ridge.
- 8 - 12/23
b. Mr. William R. Peterson, Executive Secretary of the Builders' Trade
- Council spoke opposing the granting of tax exempt financing to Silver Ridge
due to the fact they are (1) notpaying.prevailing wages, (2) hiring crews from
South Dakota, and (3) not using union members.
c. Mr. Jim Berggren, Twin City Carpenters, and Mr. Steven Gordon, attorney
representing the Builder's Trade Council, also spoke in opposition.
d. Ms. Mary Ippel, Briggs and Morgan, explained the specifics of this type
of financing.
e. Mr. Jim Gabler, the developer, explained his project.
f. The following residents spoke in opposition to the proposal:
Mr. Al Kelly, 1226 E. Shryer
- Mr. Howard Bennett, 1714 Stanich Place
Mr. Mark Zaspel, 2061 Radatz
Mr. George Gary, 1469 E. Eldridge -
Mr. Tom Connolly, 1193 E. County Road B.
g. Councilmember Bastian moved to table this item until December 26, 1985,for
further investigation.
Seconded by Councilmember Anderson. Ayes - all.
3. Alarm System Fees
a. Councilmember Bastian moved first reading of an ordinance to eliminate
Section 4-48-b from the Code.
Seconded by Councilmember Anderson. Ayes - all.
4. City Council Rules of Procedures
a. Councilmember Maida introduced the following resolution and moved its adoption:
- 85 - 12 - 203
RULES OF PROCEDURE
Section 1.
MEETINGS
Regular: The City Council shall hold regular meetings on the second and
?b fourth Mondays of each-month at 7:00 P.M., provided that when the
day fixed for any regular meeting falls on a day designated by law
as a legal holiday, such meeting shall be held at the same hour on
the next succeeding Thursday not a holiday.
Special: The Mayor or any two members of the Council by writing filed with
the City Clerk at least twenty-four hours before such meeting may
call a special meeting. Notice of such meeting shall state the
purpose or purposes thereof and shall be personally delivered to
each member or be left at the members usual place of residence
- 9 - 12/23
with a person of suitable age and discretion then residing therein,
or written notice thereof shall be left in a conspicuous place at
the residence if no such person can be found there. The notice
_ shall be delivered twelve hours before the meeting time. Except
for trivial matters, business transacted at a special meeting shall
be limited to that mentioned in the call. Emergency meetings may
be called at any time providing all members of the Council sign
waivers of notice to such meeting and said waivers shall be filed
with the City Clerk.
Place: All meetings shall be held in the Council Chambers of the Maplewood
Municipal Building unless there is a published notice designating
another location.
Presiding Officers: The Mayor shall preside at all meetings of the Council.
In the absence of the Mayor, the Acting Mayor shall preside. In
the absence of both, the Councilmembers shall elect one of their
number as temporary chairman.
Ouorum: Three members of the Council shall constitute a quorum at any meeting
of the Council, but a smaller number may adjourn from time to time.
Order of Business: At the hour appointed for meeting, the members shall be
called to order by the Mayor, or in his absence by the Acting Mayor,
or in the absence of both, by the Clerk. The Clerk shall call the
roll, note the absentees and announce whether a quorum is present.
In the absence of the Clerk, the LAayor shall appoint a secretary
protein. Upon the appearance of the quorum, the Council shall pro-
ceed to businesswhich shall be conducted in the following order:
- A. Call to. Order
B. Roll Call -
C. Approval ,of Minutes
D. Approval of Agenda
- E. Consent Agenda
F. Public Hearings
G. Award of Bids
H. Unfinished Business
I. New Business
J. Visitor Presentations
K. Council Presentations
L. Administrative Presentations
M. Adjournment
Curfew: No additional agenda item will be discussed after 10:30 P.M. No
discussion will continue past 11:00 P.M. Meetings adjourned under
'la this policy will be continued to the next Thursday at 7:00 P.M.
The continued meeting will start at the point on the agenda where
the adjournment occurred. No new items will be added to the con-
tinned meeting agenda.
- 10 - 12/23
First Regular: At the first regular Ccuncil meeting in January of each year,
the Council shall (1) designate the depository of City funds, (2)
designate the official newspaper, (3) choose an Acting Mayor from
the membership of the Council who shall perform the duties of the
Mayor during the disability or absence of the Mayor, and (4) review
the Rules of Procedure of the City Council and make any necessary
changes if such changes are desired.
Section 2.
AGENDA FOR REGULAR MEETING
(1) All matters to be submitted to the Council shall be filed not later than
12:00 Noon on the Plonday prior to the Monday Council meeting at which con-
sideration is desired, and shall be delivered to the City Manager, or in
his absence, the City Clerk. In unusual circumstances and when the matter
does not require investigation, an item may be accepted after the deadline
upon the approval of the City Manager.
(2) Except for trivial matters, no item or business shall be considered for
action by the Council which does not appear on the agenda for the meet-
ing, except that an item or urgent business which requires immediate action
and is so determined by a majority of the Council may be considered by the
Council whether or not there is a full membership present. The Council
will hear all reasonable citizen petitions, requests and statements how-
. ever, such items which do not specifically appear on the agenda shall be
deferred to a future meeting for more careful consideration and study if
- Council action other thar, filing, is required or requested.
The Mayor and each Councilmember shall be provided with a copy of the
agenda, minutes of the previous meeting, and any other reports and in-
formation pertinentto the agenda at least seventy-two hours prior to each
regular Council meeting.
No matter may be submitted for Council action by,~any~.~administrative~
official, department head, or employee unless it has first been pre-
sented to the City Manager for inclusion on the agenda.
Section 3. -
JOINT COUNCIL AND SCHOOL BOARD MEETINGS
No item of business shall be considered for action by the Council at the _
joint meeting where ar, expenditure of funds or use of city property or staff
would be required. Items requiring such expenditures or uses shall appear on
the next regular meeting agenda where the Council may take action as is required
!i or is necessary.
Section 4.
MINUTES:
(a) The City Clerk shall keep a record of all Council meetings.
- 11 - 12/23
(b) Unless a reading of the minutes of a Council meeting is requested by a
member of the Council, such minutes may be approved without reading if
each member has previously been provided a copy.
(c) The Council may, by motion carried by a majority vote, amend the minutes.
Such amending motion shall become a part of the minutes of the subsequent
meeting.
Section 5.
- DUTIES OF THE PRESIDING OFFICER:
The presiding officer shall preserve strict order and decorum at all meetings of
the Council. He shall state every question coming before the Council, announce
the decision of the Council on all subjects, and decide all questions or order,
subject, however, to an appeal to the Council in which event a majority vote of
the Council shall govern and conclusively determine such questions or order. He
- shall vote on all questions and..on a roll call vote rotate the order in which
votes are cast.
Section 6.
RULES OF DEBATE:
(a) The Mayor or other Presiding Officer may move, second and debate from the
chair, subject only to such limitations of debate as are by the rules imposed
on all members and shall not be deprived of any of the rights and privileges
of a Councilmember by reason of his acting as the Presiding Officer.
(b) Every member desiring to speak shall address the chair, and upon recognition
by the Presiding Officer shall confine himself to the question under debate
avoiding all personalities and indecorous language.
(c) A member, once recognized, shall not be interrupted when speaking unless it
be to call him to crder or to vote on a motion to close a debate, or as here-
in otherwise provided. If a member, while speaking, be called to order, he
shall cease speaking until the question of order is determined and if in order,
he shall be permitted to proceed.
(d) A motion to reconsider any action taken by the Council must be made at the
meeting at which such action was taken or at the next regular meeting of the
Council and must be made by a member of the Council who voted with the pre-
wailing side, provided that if such motion to reconsider is passed, then the
parties entitled to notice on the original action shall be notified, and the
reconsideration of the action shall be taken at the next regular meeting fol-
lowing passage of the motion to reconsider.
,.i (e) A councilmember may request, through the Presiding Officer, the privilege of
having an abstract of his statement on any subject under consideration by the
Council, or the reason for his dissent from or support of any action of the
Council, entered in the mintues. Such a request may be made at the time of
said action or consideration or at a time of the adoption of said minutes.
Unless the Council, by motion, objects, such statements shall be entered in
the rninutes.
(f) The Clerk shall enter in the minutes a synopsis of the discussion on any
question coming inproper order before the Council.
- 12 - 12/23
Section 7.
ADDRESSING THE COUNCIL:
Any person desiring to address the Council shall first secure the permission of
the Presiding Officer.
Each person addressing the Council shall give his name and address in an audible
tone for the reco~rd~s, and uiaess further time is granted by the Presiding Officer,
shall limit his address to five minutes,eas~ept at a public hearing when the limit
shall be ten minutes. All remarks should be addressed to the Council as a body and
not to any member. No person other than the Council and the person having the floor,
shall be permitted to enter into any discussion, either directly or through a member
of the Council, without the permission of the Presiding Officer:: No question shall
be asked a Councilmember or any member of the Administrative Staff except through
the Presiding Officer.
Section 8.
GENERAL RULES OF ORDER:
Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an
authority cn parliamentary practice on matters not specifically covered and in
- case of a conflict these rules shall govern.
Section 9.
DECORUM AND ITS ENFORCEMENT:
The Council members, while the Council is in session, must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or inter-
rupt the proceedings or the peace of the Council, nor distrub any member while speak-
ing or refuse to obey the orders of the Council or its Presiding Officer, except as
otherwise herein provided. No smoking shall be permitted in the Council Chamber
- while the Council is in session.
Section 10.
ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS:
(a) Ordinances, resolutions, and other matters or subjects requiring actior, by
the Council shall be introduced and sponsored by a memberof'~'the Council
except that the City Manager or Attorney may present ordinances, resolutions
and other matters or subjects to the Council.
(b) Every ordinance and resolution shall be presented in writing and read in full
+ at a Council meeting; provided, however, that the reading of an ordinance or
resolution may be dispensed with by-unanimous consent. Upon the vote on ordi-
nances, resolutions and motions, the ayes and nays shall be recorded. The
vote shall be by roll call of all members of the Council as provided under
DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all
members of the Council shall be required for the passage of all ordinances,
motions and resolutions except as otherwise provided by law and except that
amendments to the comprehensive plan shall require at least four votes in favor.
- 13 - 12/23
(c) Every ordinance. other-than emergency ordinances shall have two public
_ read~.ngs as provided-in Subsection(b) of this Section, and at least fourteen
days shall elapse betweenthefrst reading or waiver thereof and the second
reading or waiver-thereof.
(d) An emergency ordinance is an ordinance necessaryfor the immediate preservation
of the public peace,health,morals, safety or welfare in which the emergency
is defined and-declared, passed-bya roll call vote of at least four members
of the Council, as recorded byayes and nays. No prosecution shall be based
upon the-provisions of any emergency ordinance until thesame has been filed
with the City Clerk and posted in three conspicuous places in the City and
twenty-four hours after such filing and postingshah have elapsed or until
the ordinance has beenpublished, unless theperson, parsons, firms or cor-
potations chaxgedwith violations theeof shall have had no'~ice of the passage
thereof prior to theact or omission complainedof.
(e) All ordinances and resolutions shall be filed with theClerk and made a part
of the minutes. Reports, petitions and correspondence shall be filed with the
Clerk and made a part oftheminutes by reference.
Section 11,
CONDUCT QF CTTY EMPLOYEES;
(a) TheCity Manager may take part in thediSCUSSions of theCity Council and
may recoitunend tothe-Council such measures as hemaY de'.em necessary for the
welfare of thepeople and efficient administratioaof theaffairs of the City.
He shall have all therights, powers and dutiesprescribed by Minnesota
Statutes in regard thereto; however, it is recognized that the City Council is
the policy making body for the-City and the City Manager shall confine his dis-
cussions at Council meetings tostatements of fact, recommendations based on
his knowledge and experience and explanations of the reasons for the same,
and any matters pertaining to administration.
(b) No City employee, other thaiY the City Manage-r or Attorney, shall enter into
discussions of theCity Council except to answer questions directed to such
employee, or to present factual information, -
(c)The above regulations of City employeesshall not be construed to limit the
appearance before the City Council of any City employee when such appearance
is made as a tarpayeror member of thepub7,ic, for or against some particular
issue underdscussion by theCouncil whensueh employee has an interest in
the outcome thereof,
Section 12.
li WAIVER;
By 4/5 consent of all Councilmembers, these rules may be waived.
Section 13,
ADJOURNMENT;
A motion to adjourn shall always be in order and decided without debate.
Seconded by CouncilmemberBastian. Ayes - all.
- 14 - 12/2.3
5. City P4anager Contract
a. Mr. Frederick Knaak, attorney hired to review the contract between the City
and the Manager-Elect as negotiated by Councilmember Bastian presented his
opinion.
b. Donald Lais, Manager-Elect stated he could not agree with condition no. 7
of the proposed contract and presented an addendum, that he prepared, to the
original contract.
c. Mayor Greavu moved to accept the terms of the original contract as amended
by the addendum presented by Par. Lais.
Seconded by Councilmember Maida.
Mr. Lais demanded contract be approved or go back to original contract.
Councilmember Bastian moved to table this item.
Seconded by Cauncilinember Anderson. Ayes - Councilmembers Anderson and Bastian.
Nays - Mayor Greavu, Councilmernbers Maida
and Wasiluk.
Vote on Original Motion. Ayes - Mayor Gre a~ru, Counci lmembers Maida
and Wasiluk
Nays - Counciimembers Bastian and Anderson.
I. NEW BUSINESS
1. Tax-Exempt Financing Final Approval:
a. Beaver Creek Apartments
1. Director of Community Development Olson presented the Staff report.
2. Mr. Ken Gervais, Beaver Creek Apartments Limited Partnerhhip, spoke on
behalf of the proposal.
3. Councilmember Anderson moved to approve $8.5 million in tax-exempt finan-
cing for the Beaver Creek Apartment complex (Ivy Avenue and Ferndale
Street), subject to:
a. Storm water ponding easement to the City over the Beaver Creek
apartment and Beaver Creek condominium sites at a cost equal to the
assessments to these sites from the Beaver Creek improvement project.
i
b. Deeding to the City of Lots 1 through 16, Block 1, and Lots 1
through 36, Block 2, Sterling Glen Addition (the Geranium Avenue Park
Site) for the cost of the unpaid assessments, plus interest.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Maida, and Wasiluk.
Nay - Councilmember Bastian.
- 15 - 12/23
4. Councilmember Anderson introduced the following resolution and moved its
adoption:
85 - 12 - 204
RESOLUTION AUTHORIZING A FR0:7ECT AND
HOUSING PROGRAM UNDER MINNESOTA STATUTES,
CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS)
AND AUTHORIZING THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BOhIDS TO FINANCE
THE PROJECT AND PROGRAM AND AUTHORIZING
THE EXECUTION OF VARIOUS DOCUMENTS IN
CONNECTION THERE44ITH
BE IT RESOLVED BY THE COUPICIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows:
1. The Council has received a proposal from Beaver Creek Apartments Limited
Partnership, a Minnesota limited partnership, (the "Company") that the City under-
- take to finance a certain Project and multifamily rental housing program .for such
Project as herein described, pursuant to Chapter 462C, Minnesota Statutes .(the'
_ "Act"), throughthe issuance by the City of its $8,500,000 Variable Rate Demand
Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments
Limited Partnership Project) (the "Bonds), and in accordance with a Bond Purchase
Agreement (the "Bond Purchase Agreement" between the City, the Company and Calvert
Tax Free Reserve or designee (the "Bond. Purchaser").
2. The Company desires to acquire and construct a multifamily housing develop-
- merit consisting of 3 buildings containing 180 units and related improvements including
parking facilities {hereinafter referred to as the "Project") in the City. The
Project as described above will facilitate the development of rental housing 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 assist such persons in ob-
taining decent, safe and sanitary housing at rentals they can afford; encourage
the development of blighted or underutilized land and structures within the bound-
aries of the City; and will otherwise further the policies and purposes of the Act;
and the findings made in the Preliminary Resolution adopted by this Council on Feb-
ruary 11, 1985, with respect to the Project are hereby ratified, affirmed and-
approved.
3. It is proposed that, pursuant to a Loan Agreement dated as of December 1,
1985, between the City as Lender and the Company as Borrower (the "Loan Agreement"),
the City loan the proceeds of the Bonds to the Company to partially finance the costs
of the Project. The Basic Payments to be made by the Company under the Loan Agree-
ment are fixedso as tc produce revenue sufficient to pay the principal af, premium,
if any, and interest on the Bonds when due. It is further proposed that the City
assign its rights to the Basic Payments and certain other rights under the Loan
~.i Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee") as
security for payment of the Bonds under an Indenture of Trust dated as of December
1, 1985 (the "Indenture") between the City and the Trustee. The Company will enter
into a Remarketing Agreement, dated as of December 1, 1985, with Piper, Jaffray &
Hopwood (the "Remarketing Agreement"). The acquisition, construction, operation
and occupancy of the Project will conform to the terms and conditions of a Regula-
tory Agreement (the "Regulatory Agreement") dated as of December 1, 1985, between
the City, the Company and the Trustee and a Declaration of Restrictive Covenants
(the "Declaration"} dated as of December 1, 1985, executed by the Company and re-
corded as a covenant and restriction running with the land on which the Project is
located.
- 16 - 12/23
4. This Council, by action taken on February 11, 1985, adopted a resolution
giving preliminary approval to a proposal to finance a project substantially the same
as the Project; and on or about December 5, 1985, the Minnesota Housing Finance Agency
gave approval to the proposed financing program for the Project.
5. Pursuant to the preliminary approval of the Council, forms of the following
documents have been submitted to the Council for approval:
(a) The Loan Agreement.
(b) The Indenture.
(c) The Bond Purchase Agreement.
(d) The Regulatory Agreement.
(e) The Declaration (not executed by the City).
6. It is hereby found, determined and declared that:
(a) The Project described in the Loan Agreement and Indenture referred to
above constitutes a Project authorized by the Act and the financing
program for_the Project is authorized by the Act;
(b) the purpose of the Project and the program for the Project is, and the
effect thereof will be, to promote the public wolfare by the acquisition,
construction and equipping of rental housing facilities for assisting
persons of law and moderate income within the City to obtain decent,
safe and sanitary housing at rentals they can afford;
.(e) the acquisition, construction and installation of the Project, the issuance
' and sale of the Bonds, the execution and delivery by the City of the Loan
Agreement, the Indenture, the Bond Purchase Agreement and 'the Regulatory
Agreement (collectively the "Agreements"), and the performance of all cove-
nants and agreements of the City contained in the Agreements, and of `.all
other acts and things required under the constitution, and laws of the
State of Minnesota and City Charter to make the Agreements valid and
' binding obligations of the City in accordance with their terms, are
authorized by. the Act; -
(d) it is desirable that the Company be authorized, in accordance with the
provisions of the Act and subject to the terms and conditions setforth
in the Loan Agreement, Regulatory Agreement and Declaration, which terms
and conditions the City determines to be necessary, desirable and proper,
to acquire and install the Project by such means as shall be available to
the Company and in the manner determined by the Company, subject to the
terms of the aforesaid agreements;
(e) it is desirable that the Bonds be issued by the City upon the terms set
forth in the Indenture;
3
(f) the Basic Payments under the. LO an Agreement are fixed to produce revenue
sufficient to provide for the prompt payment of principal of, premium,
if any, and interest on the Bonds issued under the Indenture when due,
and the Loan Agreement, Indenture and Regulatory Agreement also provide
that the Company is required 'to p.ay all expenses of the operation and
maintenance of the Project, including, but without limitation, adequate
insurance thereon and insurance against all liability for injury to per-
sons or property arising from the operation thereof, and all taxes and
- 17 - 12/23
special assessments levied upon or with respect to the Project
Premises and payable during the term of the Loan Agreement, Indenture
and Regulatory Agreement;
(g) as provided in the Loan Agreement and Indenture, the Bonds are not to
to be payable from or charged upon any funds other than the revenues
pledged to the payment thereof; the City is not subject to any liability
thereon; no holder of any Bonds shall ever have the right to compel any
exercise by the City of its taxing powers to pay any of the Bonds ar the
interest or premium, if any, thereon, or to enforce payment thereof against
any property of the City e;;cept the interests of the City in the Loan Agree-
ment which have been assigned to the Trustee under the Indenture; the
Bonds shall not constitute a charge, lien or encumbrance, legal or equit-
able, upon any property of the City except the interests of the City in
the Loan Agreement which have been assigned to the Trustee under the In-
denture; the Bonds shall recite that the Bonds are issued without moral
obligation on the part of the State or its political subdivisions, and
that the Bonds,,including interest thereon, are payable solely from the
revenues pledged to the payment thereof and that the Bonds shall notcoh-
stitute a debt of the City within the meaning of any constitutional or
statutory limitation; and
(h) a public hearirig on the Project was duly held by the City Council on
February ll, 1985.
6. Subject to the approval of the City Attorney and the previsions of Section
9 of this Resolution, the forms of the Agreements and exhibits thereto are approved
substantially in the form submitted and on file inthe office of the City Clerk.
The Agreements, in substantially the form submitted, are directed to be executed
in the name and on behalf of the City by the Mayor and the City Clerk. P.ny other
documents and certificates necessary to the transaction described above shall be
executed by the appropriate City officers. Copies of all of the documents neces-
sary to the transaction herein described shall be delivered, filed and recorded as
provided herein and in said Loan Agreement and Indenture.
7. The City shall proceed forthwith to issue its Bonds, in the form and upon
the terms set forth in the Indenture and this Resolution. The Bonds shall initially
bear interest at the rate of interest set forth in the Indenture. The Bond Purchaser
shall purchase the Bonds for an amount not less than 100°s of the principal amount
of the Bonds. The offer of the Bond Purchaser to so purchase the Bonds is hereby
accepted. The Mayor and City Clerk are authorized and directed to prepare and exe-
cute the Bonds as prescribed in the Indenture and to deliver them to the Trustee
for authentication and delivery to the Bond Purchaser.
8. The Mayor and City Clerk and other officers of the City are authorized and
- directe3 to prepare and furnish to the Bond Purchaser certified copies of all pro-
'a ceedings and records of the City"relating to the bonds, and such other affidavits
and certificates as may be required to show the facts relating to the legality-of
the Bonds as such facts appear from the books and records in the officers' custody
and control or as otherwise known to them; and all such certified copies, certifi-
cates and affidavits, including any heretofore furnished, shall constitute repre-
sentations of the City as to the truth of all statements contained therein.
- 18 - 12/23
9. The approval hereby q;yento thevarious documents referred to above
includes approval of such additional details therein as map be necessary .and
appropriate and such modifications thereof, deletions therefrom and additions -
thereto a? may be necessary and appropriate and approved by the City Pttorney
and the City officials authorizedherein to.execute said documents prior to
their execution; and said City Attorney and City officials are hereby author-~
ized to approve said changes on behalf of the City. The execution of any in-
strument by the appropriate officer or officers of the City herein authorized
shall beconclusive evidence of the-approval of such documents in accordance
with the terms hereof.
In the absence {or inability) of theoffcials authorized herein to execute
any of the documents herein referred to, thedocuments may be executed by any
officer or member of theCity acting in their behalf.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Maida and Wasiluk
Nays - Councilmember Bastian.
b. Century Ridge Apartments
1. Director of Community Development Olson presented the Staff report..
2. Mr, Dave representing Lexington Investments, spoke on
behalf of theproposal.
3. Counclmember Anderson-ixitroducedthe following resolution and moved
its adoption:
85 - 12 205
RESOLUTION AUTHORIZING A PROJECT AND
HOUSING PROGRAM UNDER MINNESOTA STATUTF.5,
CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS)
AND AUTHORIZING THE ISSUAD7CE of
MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE
THE PROJECT AND PROGRAM AD1D AUTHORIZING
THE EXECUTION OF VARIOUS DOCUMENTS IN
CONNECTION THEREWITH
BE IT RESQL`7ED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows:
1. The Council has received a proposal from Lexington Investment Co., a Minne-
sota general partnership (the "Company") that theCity undertake to finance a cer-
tain Project and multifamily rental housing program for such Project as herein de-
'i scribed, pursuant to Chapter 462C, Minnesota Statutes (the "Act"), through the
issuance by the City of its $3,750,000 Variable Rate Demand Purchase Multifamily
Housing Revenue Bonds, Series 1985 (Lexington Investment Co. Project) (the "Bonds"),
and in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement")
between the City, the Company, Alliance Capital Management Corp. or designee {the
"Bond Furchaser").
2. The Company desires to acquire and construct a multifamily housing develop-
ment consisting of a building containing 75 units and related improvements including
- 19 - 12/23
parking facilities (hereinafterreferred to as the "Project") in the City. The
Project as described above will facilitate the development of rental housing with-
in the community; encourage the development of affordable housing opportunities
for residents of the City, encourage the development of housing facilities de-
signed for occupancy by persons of low or moderate income and assist such persons
in obtaining decent, safe and sanitary housing at rentals they can afford; en-
courage the development of blighted or underutilized land and structures within
the boundaries of the City; and will otherwise further the policies and purposes
of the Act; and the findings made in the Preliminary Resolution adopted by this
Council on September 9, 1985, with respect to the Project are hereby ratified,
affirmed and approved.
3. It is proposed that, pursuant to a Loan Agreement dated as of December 1,
1985, between the City as Lender and the Company as Borrower (the "Loan Agreement"),
the City loan the proceeds-of the Bonds to the Company to partially finance the costs
of the Project.. The BasicPayments to be made by the Company under the Loan Agree-
. ment are fixed so as to produce revenue sufficient to pay the principal of, premium,
- if any, and interest on the Bonds when due. It is further proposed that the City
assign its rights to the Basic Payments and certair, other rights under the Loan
Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee") as
security for .payment of. the Bonds under an Indenture of Trust dated as of December
1, 1985 (the "Indenture") between the City and the Trustee. The Company will enter
into a Remarketing Agreement, dated as of December 1, 1985, with Piper, Jaffray &
Hopwood (the "Remarketing Agreement"). The acquisition, construction, operation
and occupancy of the Project will conform to the terms and conditions of a Regula-
tory Agreement (the "Regulatory Agreement") dated as of December 1, 1985, between
the City, the Company and the Trustee and a Declaration of Restrictive Covemants
(the ".Declaration") to be~executed by the Company and recorded as a covenant and
restriction running with the land on which the Project is located.
4. This Council, by action taken on September 9, 1985, adopted a resolution
giving preliminary approval to a proposal to finance aproject-substantially the
same as the Project; and onor about December 5, 1985, the Minnesota Housing Finance
Agency gave approval to the proposed financing program for the Project.
5. Pursuant to the preliminary approval~of the Council, forms of the following
documents have been submitted to the Council for approval:
(a) The Loan Agreement.
(b) The Indenture.
(c) The Bond Purchase Agreement.
(d) The Regulatory Agreement.
(e) The Declaration (not executed by the City).
6. It is hereby found, determined and declared that:
`i (a) the Project described in the Loan Agreement and Indenture referred to above
constitutes a Project authorized by the Act and the financing program for
the Project is authorized by the Act;
(b) the purpose of the Project and the program for the Project is, and the
effect tihereof will be, to promote the public welfare by the acquisition,
_ construction and equipping of rental housing facilities for assisting
persons of low and moderate income within the City to obtain decent,
safe and sanitary housing at rentals they can afford;
- 20 - 12/7.3
(c) the acquisition,. construction and installation of the Project, the
issuance and sale of the Bcnds, the execution and delivery by the
City of the Loan Agreement, the Indenture, the Bond Purchase Agree-
. ment and the-.Regulatory Agreement (collectively the "Agreements), and
the performance.ofall covenants and agreements of the City contained
in the Agreements, and of all other acts and things required under the
constitution and laws of the State of Minnesota and City Charter to
make the .Agreements valid and binding obligations of the City in
accordance with their terms, are authorized by the Act;
(d) it is desirable that the Company be authorized, in accordance with the
provisions of the Act and subject to the terms and conditions set forth
in the Loan Agreement, Regulatory Agreement and Declaration, which terms
and conditions the City determines to be necessary, desirable and proper,
to acquire and install the Project by such means as shall be available to
the Company, subject to the terms of the aforesaid agreements;
(e) it is desirable that the Bonds be issued by the City upon the terms set
forth in the Indenture;
(f) the Basic Payments under the Loan Agreement are fixed to produce revenue
sufficient to provide. for the prompt payment of principal of, premium, if
any, and interest on the Bcnds issued under the Indenture when due, and
the Loan Agreement, Indenture and Regulatory Agreement also provide that
the Company is required to pay all expensesof the operation and mainte-
nance of the Project, including, but without limitation, adequate insurance
thereon and insurance against all liability for injury to persons or
property arising from the operation thereof, and all taxes and special
assessments levied upon or with respect to the Project Premises and pay-
able during the term of the Loan Agmement, Indenture and Regulatory
Agreement;
(g) as provided in the Loan Agreement and Indenture, the Bonds are not to be
payable from of charged upon any funds otherthan the revenues pledged
to the payment thereof; the City is not subject to any liability thereon;
no holder of any Bonds shall ever have the right to compel any exercise
by 'the City of its taxing powers to pay any of the Bonds or the interest
or premium, if any, thereon, or to enforce payment thereof against any
property of the City except the interests of the City in the Loan Agree-
. ment which have been assigned to the Trustee under the Indenture; the
Bonds shall not constitute a charge, lien or encumbrance, legal or equi-
table, upon any property of the City except theinterests of the City in -
the Loan Agreement whichhave been assigned to the Trustee under the In-
denture; the Bonds shall recite that the Bonds are issued without moral
obligation on the part of the state or its .political subdivisons, and that
the Bonds, including interest thereon, are payable solely from the reve-
ia nues pledged tb the payment thereof and that the Bonds shall not constitute
a debt of the City within the meaning of any constitutional or statutory
limitation; and
(h) a public hearing on the Project was duly held by the City Council on July
22, 19II5.
- 21 - 12/23
h. Subject to the approval of_ the City Attorney and the provisions of Section
9 of this Resolution, the forms of the Agreements and exhibits thereto are approved
substantially in the form submitted and on file in the office of the City Clerk.
The Agreements, in substantially the form submitted, are directed to be executed
in the name and on behalf of the City by the Mayor and the City Clerk. Any other
documents and certificates necessary to the transaction described above shall be
executed by the appropriate City officers. Copies of all of the documents neces-
sary to the transaction herein described shall be delivered, filed and recorded as
provided herein and in said Loan Agreement and Indenture.
7. The City shall proceed forthwith to issue its Bonds, in the form and upon
the terms set forth in the Indenture and this Resolution. The Bonds shall initially
bear interest at the rate of interest set forth in the Indenture. The Bond Purchaser
shall purchase the Bonds foran amount not less trhan 100% of. the principal amount of
the Bonds. The offer of the Bond Furchaser to so purchase the Bonds is hereby accepted.
The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds
as prescribed in the Indenture and to deliver them to the Trustee for authenticaticn
and delivery to the Bond Purchaser.
8. The Mayor and City Clerk and o*_her officers of the City are authorized and
directed to prepare andfurnish to the Bond Purchaser certified copies of all pro-
. ceedings and records of the City relating to the bonds, and such other affidavits
and certificates as may be. required to show the faots relating to the legahay~o~f~°
the Bonds as such facts appear from the books and records in the officers' custody
and control or as otherwise known to them; and all such certified copies, certifi-
cates and affidavits, including any heretofore furnished, shall constitute repre-
sentationsof the City as to the truth of all statements contained therein.
9. The approval hereby given to the various documents referred to above includes
approval of such additional details therein as may be necessary and appropriate and
such modifications thereof,. deletions therefrom and additions thereto as may be
necessary and appropriate and approved by the City Attorney and the City officials
authorized herein to execute said documents prier to their execution; and said City
Attorney and City officialsare hereby. authorized to approve said ahanges on behalf
of the City. The execution of any insturment by the appropriate officer or officers
of the City herein authorized shall be conclusive evidence of the approval of such
documents in accordance with the terms hereof.
In the absence.(or inability) of the officials authorized herein to execute any
of the documents herein referred to, the documents may be executed by any officer
or member of the City acting in their behalf.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Maida, and Wasiluk
Nay - Councilmember Bastian.
d
c. Hazel Ridge Seniors Apartments
D=.rector of Community Development Olson presented the Staff report.
2. Mr. JohnHurley, representing Hazel Ridge, spoke on behalf of the
proposal.
3. Councilmember Anderson introduced the following resoluticn and moved its
adoption:
- 22 - 12./23
85 - 12 - 206
RESOLUTION AUTHORIZING A PROJECT AND
HOUSING PROGRAM L7LdDER MINNESOTA STATUTES,
- CHAPTER 462C (MUNICIPAL HOLJS ING PROGRAMS)
AND AUTHORIZING THE ISSUANCE OF
MULTIFAMILY HOUSING REVENUE BONDS TO FIDIANCE -
THE PROJECT AND PROGRAM AND AUTHORIZING
THE EXECUTION OF VARIOUS DOCUMENTS IN
CONNECTION THEREWITH
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows:
1. The Council has received a proposal from Hazel Ridge General Partnership, a
Minnesota general partnership, (the "Company") that the City undertake to finance
a certain Project and multifamily rental housing program for such Project as herein
described, pursuant to Chapter 462C, Minnesota Statutes (the "Act"), through the
issuance by theCity of its $4,395,000 Rental Housing Revenue Bonds, Series 1985
(Hazel Ridge General Partnership Project) (the "Bonds"), and in accordance with a
Bond Purchase Agreement (the "Bond Purchase Agreement") between the City, the Com-
pany and The First National Bank of Saint Paul (the "Bond Purchaser").
2. The Company desires to acquire and construct a multifamily housing develop-
. ment consisting of a building containing 75 units and related improvements including
parking facilities (hereinafter referred to as the "Project") in the City. The
Project as described above will facilitate the development of rental housing 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 elderly and persons of low or moderate income and assist such persons
in obtainii:g decent, safe and sanitary housing at rentals they can afford; encourage
the development of blighted or underutilized land and structures within the boun-
daries of the City; and will otherwise further the policies and purposes of the
Act; and the findings made in the Preliminary Resolution adopted by this Council
on January 14, 1985, with respect to the Project are hereby ratified, affirmed, and
approved.
3. It is proposed that, pursuant to a Loan Agreement dated as of December 1,
1985, between the City as Lender and the Company as Borrower (the "Loan Agreement"),
the City loan the proceeds of the Bonds to the Company to partially finance the
costs of the Project. The Basic Payments 'to be made by the Company under the Loan
Agreement are fixed so as to produce revenue sufficient to pay the principal of,
premium, if any, and interest on the Bonds when due. It is further proposed that
the City assign its rights to the~Basic Payments and certain other rights under the
Loan Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee")
as security for payment of the Bonds under an Indenture of Trust dated as of Decem-
ber 1, 1985 (the "Indenture") between the City and the Trustee. The Company will
enter into a Remarketing Agreement, dated as of December 1, 1985, with Juran &
Moody, Inc. (the "Remarketing Agreement"). The acquisition, construction, operation
,:!a and occupancy of the Project will conform to the terms and-conditions of a Regula-
tory Agreement (the "Regulatory Agreement") dated as of December 1, 1985, between
the City, the Company and the Trusted and a Declaration of Restrictive Covenants
(the "Declaration") to be executed by the Company and recorded as a covenant and
restriction running with the land on which the Froject is located.
4. This Council, by action taken on January 14, 1985, adopted a resolution
giving preliminary approval 'to a proposal to finance a project substantially the
_ - 23 - 12/23
- same as the Project; and on or about December 19, 1985, the Minnesota Housing
Finance P.gency gave approval to the proposed financing program for the Project.
5. Pursuant to the preliminary approval of the Council, forms of the follovaing
documents have been submitted to the Council for approval:
(a) The Loan Agreement.
(b) The Indenture.
(c) The Bond Purchase Agreement.
(d) The Regulatory Agreement.
(e) The Declaration (not executed by the City).
C. It is hereby found, determined and declared that:
(a) the Project described in the Loan Agreement and Indenture referred
to above constitutes a Project authorized by the Act and the financing
program for the Project isauthorized by the Act;
(b) the purpose of the Project and the program for the Project is,and the
effect thereof will be, to promote the public welfare by the acquisition,
construction and equipping ofrental housing facilities for assisting
- persons of low and moderate income within the City to obtain decent,
safe and sanitary housing at rentals they can afford;
(c) the acquisition construction and installation of the Project, the
issuance and sale of the Bonds, the execution and delivery by the City
of the Loan Agreement, the Indenture, the Bond Purchase Agreement and
the Regulatory Agreement (collectively the "Agreements"), and the per-
formance of all covenants and agreements of the City contained in the
Agreements, and of all other acts and things required under the consti~-
tution and laws of the State of Minnesota and City Charter to make the
Agreements valid and binding obligations of the City in accordance with
their terms, are authorized by the Act;
(d) it is desirable that the Company be authorized., 9.n accordance with the
provisions of the Act and subject to the terms and conditions set forth
in the Loan Agreement, Regulatory Agreement and Declaration, which terms
and conditions the City determines to be necessary, desirable and proper,
_ to acquire and install the Project by such means as shall be available to
the Company and in the manner determined by the Company, subject to the
terms of the aforesaid agreements;
(e) it is desirable that the Bonds be issued by the City upon the terms set
forth in the Indenture;
(f) the Basic Payments undEgthe Loan Agreement are fixed to produce revenue
'j ..sufficient to provide for the pro t a ment of rind al of
mp p~y p p premium, if
any, and interest on the Bonds issued under the Indenture when due, and
the Loan Agreement, Indenture and Regulatory Agreement also provide that
the Company is required to pay all expenses of the operation and maintenance
of the Project, including, but without limitation,~adequate insurance
thereon and insurance against all liability for injury to persons cr prop-
erty arising from the operation thereof, and all taxes and special assess-
ments levied upon or with respect to the Project Premises and payable -
during the term of the Loan Agreement, Indenture and Regulatory Agreement;
- 24 - ]2/23
(g) as provided in the Loan Agreement and Indenture, the Bonds are not to
be payable from or charged upon any funds other than the revenues
pledged to the payment thereof; the City is not subject to any lia-
bility thereon; no holder of any Bonds shall ever have the right to
compel any e~:ercise by the City of its taxing powers to pay ary of the
Bonds or the interest or premium, if any, thereon, or to e:iforce payment
thereof against any property of the City except the interests of the
City in the Loan Agreement which have been assigned to the Trustee under
the Indenture; the Bonds shall not constitute a charge, lien or encum-
brance, legal ar equitable, upon any property of the City except the
interests of the City in the Loan Agreement which have been assigned
to the Trustee underthe Indenture; .the Bonds shall recite that the
Bands are issued without moral obligation on thepart of the State or
its political subdivisions, and that the Bonds, including interest
thereon, are payable solely from the revenues pledged to the payment
thereof and that the Bonds shall not constitute a debt of the City
within the meaning of any constitutional or statutory limitation; and
(h) a public hearing on the Project was duly held by the City Council on
Januar3 14, 1985.
H. Subject to the approval. of the City Attorney and the provisions of Section
9 of this Resolution, the forms of the Agreements and exhibits thereto are approved
substantially in the form submitted and on .file in the office of the City Clerk.
The Agreements, in~~substantially the form submitted, are directed to be executed
in the name and on behalf of the City by the Mayor and the City Clerk. Any other
documents and certificates necessary to the transaction described above shall be
executed by the appropriate City officers. Copies of all of the documents neces-
sary to the transaction herein described shall be delivered, filed and recorded as
provided herein and in said Loan Agreement and Indenture.
7. The City shall proceed forthwith to issue its Bonds, in the form and upon
the termsset forth in the Indenture and this Resolution. The Bonds shall initially
bear interest at the rate of interest set forth in the Indenture. The Bond Pur-
chaser shall purchase theBonds for an amount not less than 100% of the principal
amount of the Bonds. Trie offer of the Bond Purchaser to So purchase the Bonds is
hereby accepted. The Mayor and City Clerk are authorized and directed to prepare
and execute the Bonds as prescribed in the Indenture and to deliver them to the
Trustee for authentication and delivery to the Bond Purchaser.
8. The Mayor and City Clerk and other officers of the City are authorizedand
directed to prepare and furnish to the Bond Purchaser certified copies of all pro-
ceedings and records of the City relating to the bonds, and such other affidavits
and certificates as may be required to show the facts -relating to the legality of
the Bonds as such facts appear from the books and records in the officers' custody
a and control or as otherwise known. to them; and all such certified copies, certifi-
Cates and affidavits, including any heretofore furnished, shall constitute representa-
tions of the City as to the truth of all statements contained therein.
9. The approval hereby given to the various documents referred to above includes
approval of such additional details therein as may be necessary and appropriate and
such modifications thereof, deletions therefrom and additions thereto as may be
- 25 - 1.2/23
necessary and approprateand approvedby theCty Attorney and theCity officials
authorized he reinto execute said documents prior to their execution; and said City
Attorney and City officials are hereby authorized to approve said changes on behalf
of the City. The execution of any instrumen*_ by the appropriate officer or officers
of the City herein authorized shall be conclusive evidence of the approval of such
documents in accordance with theterms her°of. -
In the absence (or inabi7.ity) of theofficials authorized herein to execute
- any of the documents herein referred *_o, thedocuments may be executed by any of-
ficer or member of the City acting in their behalf.
Seconded by MayoK Greavu, Ayes - Mayor Greavu, Councilmembers
Anderson, Maida and Wasiluk
Nay - Councilmember Bastian
2, Park Availability Charge - Commercial - Industrial
a.- Council tab7.ed this item until the next regular meeting.
3. Refinancing St. John's I.R.B.
a. Acting Manager Haider presented the Staff report.
b. Mr. Dan Hartman, Miller and Schroeder, explained the specifics of the re-
financing.
c. Mary Ippel, Briggs and Morgan, spoke on behalf of the proposal.
d. Councilmember Bastiariintroduoedthe following resolution andmoved its
adoption:
85- 12 - 207
A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF MAPLE4i~0OD,
MINNESOTA, AUTHORIZING THE ISSUANCE AND SALE OF NOT EXCEEDING
$26,000,000 OF CITY OF MAPLEWOOD, MINNESOTA, TENDER OPTION
HOSPITAL REFUNDING REVENUE BONDS (HEALTH RESOURCES HOSPITAL
CORPORATION) SERIES 1985 TO PROVIDE FUNDS TO REFUND CERTAIN
OUT5TF.NDING BONDS OF THE CITY COUNCIL CF THE CITY OF MAPLEWOOD.
MINNESOTA, ISSUEB IN CONNECTIOPI WITH HEALTH CARE FACILITIES OF
HEALTH RESOURCES HOSPITAL CORPORATION; AUTHORIZING THE EXECUTION
AND DELIVERY OF THE INDENTURE OF TRTJST SECURIDTG SUCH BONDS AATD
THE LOAN AGREEMENT FROVIDING FOR THE LOAN OF THE PROCEEDS OF
SUCH BONDS TO HEALTH RESOURCES HOSPITAL CORPORATION FOR SUCH
PURPOSE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE ESCROW
~,_a - TRUST FUND 'AGREEMENT;°•AUTHORIZING A PRIVATE NEGOTIATED SALE OF
SUCH BONDS; PROVIDING AAT EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the purpose of Chapter 474, Minnesota Statutes, known as the
Minnesota Municipal Industrial Development Act (the "Act"), as found andde-
termined by the le gislature,isto promote the welfare of the State of Minne-
sota (the"State") by theactive attraction and encouragement and development
of economically soundindustry and commerce toprevent so far as possible the
emergence of blighted and marginal lands and areas of chronic unemployment;
and
- 26 - 12/23
WH'CREZ-1,5, the-Z~,ct furthe states in Sectior. 474.01, Subdivision as, that
the welfare of the5tate requires theprovision of necessary medical and
health care facilities, to theend that adequate health care services be
made avai.7.able to residents of the State at reasonable costs; and
WHEREAS, factors necessitating the active promotion and development of
such medical and health care facilities are the increasing concentration of
population in the metropolitan areas andthe rapidly rising increase in the
amount and cost of medical health care services required to meet the needs
of the increased population; and
WHEREAS, the City Council of t)zeCity of Maplewood, Minnesota (the "City")
has received from Health ResourcesHospital Corporation, acorporation organized
under the laws of theState of Minnesota.{the "Company"), a proposal that the
City underta7ce to refinance a project hereinafter described, through the is~-
- suance of Bonds, as hereinafter defined., pursuant to the Act; and
WHEREAS, the City desires to facilitate the selective development of
_ the community, retain and improve the tax base and help to provide therange
_ of services and employment opportunities required by the population; and the
Project (as hereinafter defined)will assist the City in achieving those ob-
jectives; the refinancing of the Project will provide substantial inducement
- for the continuation of the medical operations of the Company in the City and
surrounding areas and will help toincrease assessed valuation. of the City
and surrounding areas and help maintain a positive relationship between as-
sessed valuation and debt and enhance the image and reputation of the community;
and
WHEREAS, no public .official of Y.he 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; and
WHEREAS, the City has heard testimony from represent-atrivesof'the.~C~mpany
regarding certain cost savings to be achieved by virtue of a crossover refund-
: ing of a portion of certain Hospital Revenue Bonds (Health Resources Hospital
Corporation) Series 1983 of the City (the "Series 1983 Bonds"), which Series
1983 .Bonds were issued in connection with various capital improvements to and
a refinancing program in respect of the Company's health care facilities (the
"Project"); and
WHEREAS, the City isduly authorized and empowered by the laws of the
State of Minnesota, including particularly the Act; to issue and sell its
refunding revenue bondsfor the purpose of refundi.nga prior issue of bonds
used to finance or refinance thecost of any project within the meaning of
the Act; and
''a WHEREAS, the City has determined that it is appropriate for the City to
issue its refunding revenue bonds and to loan the proceeds thereof to the Com-
pany for ~thepurpose of providing funds for the crossover refunding of the
5erie's 1983 Bonds, all pursuant to a Loan Agreement in which the Company will
agree to make or provide for payments in amounts sufficient to pay 'the princi-
pal of, premium, if any, and interest on such revenue bonds and the fees,
costs, andexpenses of the City in connection with the issuance of such re-
funding revenue bonds; and
- 27 - 12/23
WHEREAS, the City has determined to underta]ce the crossover refunding of
the Series 1983 Bonds by the issuance of its Tender Option Hospital Refunding
Revenue Bonds (Health -Resources Hospital Corporation) Series 1985 (the "Bonds"),.
in an aggregate principal amount not to exceed $26,000,000 and to enter into
the Indenture of Trust, the Loan Agreement an3 the Escrow Trust Fund Agree-
ment as hereinafter described, to reflect the crossover refunding of the Series
1983 Bonds and the issuance of the Bonds; and
WHEREAS, the Company's obligations with respect to the Bonds initially
will be payable solely from the proceeds of certain "Escrow Securities" held
under and pursuant to the Escrow Trust Fund Agreement hereinafter described
to August 15, 1993, and thereafter will be payable solely from payments to be
made by the Company pursuant to the Doan Agreement, all as hereinafter de-
scribed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA, as follows:
SECTION 1. Findings. St is hereby ascertained, determined and declared as
follows:
A. The City is authorizedand empowered by the Act to issue its refunding
revenue bonds for the purposes of refunding a prior issue of bonds issued to
finance or refinance the cost of any project in order to relieve conditions
of unemployment in the State, encouraging an increase of industry and a balanced
economy in the State, promoting economic development and promoting the health,
welfare and safety of the residents of the City.
B. The Project. described in the Loan Agreement and Indenture referred to
herein constitutes a Project authcrized by the Act.
C. The purpose of. the Project is and the effect thereof will be to
promote the public welfare.
D. The Project is located within the City limits, at a site which is
easily accessible to employees residing within the City and the surrounding
communities.
E. The issuance and sale of the Bonds, the execution and delivery by the
City ofthe Loan Agreement, the Escrow Agreement and the Indenture and the per-
formance of all covenants and .agreements of the City contained in the Loan
Agreement, the Escrow Agreement and the Indenture and of all other acts and
things required under the constitution and laws of th.e State of Minnesota to
mane the Loan Agreement, Escrow Agreement, Indenture and Bonds valid and bind-
ing obligations of the City in accordance with their terms are authorized by
the Act.
a
F. It is desirable that the Bondsbe issued by the City upon the terms
se.t forth in the Indenture.
G. The basic payments under the Loan Agreement are fixed to pgodnce
revenue sufficient to provide for the prompt payment of principal of, premium,
•if any, and interest on the Bonds issued under the Indenture when due, and the
Loan Agreement and Indenture also provide that the Company is required to pay
- 28 - 12/23
all expenses of the operation and maintenance of the Project, including,
but without limitation, adequate insurance thereon and insurance against
all liability for injury to persons or property arising from the operation
thereof, and all taxes and special assessments levied upon or with respect
to the Project and payable during the term of the Loan Agreement and Inden-
ture.
H. Under the provisions of Minnesota Statutes, Section 474.10, and
as provided in the Loan Agreement and Indenture, the Bonds are not to be
payable from or charged upon any funds other than the revenue pledged to
the payment thereof; the City is not subject to any liability thereon; no
holder of any Bonds .shall ever have the right to compel any exercise by the
City of. its taxing powers to pay any of the Bonds orthe interest or premium
thereon, or to enforce payment thereof against any property of the City ex-
cept the interests of the Cityin the Loan Agreement which have been assigned
to the Trustee under the Indenture; the Bonds shall not constitute a. charge,
lien or encumbrance, legal or equitable, upon any property of the City except
the interests of the City in the Loan Agreement which have been assigned to
the Bonds are issued W1th0Ut moral obligation on the part of the,State or .
i.ts political subdivisions and that the Bonds, including interest thereon,
are payable solely from the revenues pledged to-the payment thereof; and
the Bonds shal7_ not constitute a debt of the City within the meaning. of any
constitutional or statutory lim=tation.
L., A negotiated. sale of the Bonds, rather than a sale after public
bidding, is in the best interests of the City, singe (a) the Bonds will be
special and limited obligations of the City payable solely out of the reve-
nues derived by. the City from the Loan.Agreement hereinafter described and
backed solely by the Escrow Securities on deposit under the Escrow Trust
Fund Agreement ashereinafter described and thereafter by the general credit
of the Company,. (b) the Company willbe required to pay all costs in connec-
tion with the Bonds which are not paid out of bond proceeds or othenaise and
so operate and maintain.the Project at the Company's own expense, (c) the
costs of issuance of the Bonds, which mustbe borne directly or indirectly
by the Company, most likelywoul.d be greater_if the Bonds are sold by public
bidding rather than by private negotiated sale, (d) hospital. refunding reve-
nue bonds of the nature of the Bons typically are sold by private negotiated -
sale rather than by public bidding, (e) the Company has conductednegotiations
relating to the principal amount, term and interestrate on the Bonds and has
indi.cated_its desire to proceed with the sale of the Bonds on a private nego-
tiatedbasis rather thanby public bidding, and (f) authorization of a private
negotiated sale of the Bonds is necessary in order to serve the purposes of the
Act.
SECTION 2. Authorization of the Refunding. The crossover refunding of
the Series 1983 Bonds by the Company as provided in the Loan Agreement, the
'i Escrow Trust Fund Agreement and the Indenture of~Trust; all as hereinafter
described, is hereby authorized.
SECTION 3. Authorization of the Bonds. To provide for the refunding_of
the Series 1983 Bonds, the issuance bj> the City of Tender Option Hospital Re-
funding Revenue Bonds (Health Resources Hospital Corporation) Series 1985 in an
aggregate principal amount not to exceed $26,,000,000 is hereby authorized. The
Bonds shall be initiallyissued as Fully registered term bonds i.n the principal
denomination of $5,000 or any integral multiple thereof, maturing on Augst 15,
?013 (or such other date as may be provided in the hereinafter-described Inden-
ture of Trust) and bearing interest payable on August 15 and February 15 of
- ?_9 - 12/23
each year, commencing on August 15, 1956 !,computed on the basis of a 360-day
year of twelve 30-da.y months). The Bonds shall bear interest at the Initial
Rate (presently anticipated to be S.SOo but in any event not to exceed 9.500,
as may be hereafter provided in the Indenture of Trust), plus the Supplemental
Rate of .25o underthe circumstances described in the Indenture of Trust to,
but not including, the Initial Remarketing Date (as defined in the Indenture
of Trust) and shall thereafter bear interest to.the final maturity date at a
rate equal to th.e Minimum Adjusted Yield (as defined in the Indenture of Trust)
or such other interest rate as may he determined pursuant to the Indenture of
Trust; provided that the interest rate on the Bonds shall not exceed the maxi-
mum interest rate permitted by law at the time such interest rate is established
pursuant to the Indenture of Trust.
The Bonds shall be subject to tender for purchase by the owners thereof
- and shall be remarketed on any Remarketing Date in the manner and to the ex-~
tent provided in the Indenture of Trust. The Bonds shall also be subject to
optional, mandatory and extraordinary redemption as provided in the Indenture
of Trust.
SECTIOCd 4. Repayment of the Bonds.; Limited Obligations. The principal
of,premium, if any, andirterest on the Bonds shall be secured to the extent
provided in the Indenture of Trust hereinafter described, and shall be payable
- solely from the revenues and oroceedS to be derived by the City pursuant to
the Loan Agreement hereinafter described, or otherwise from the operation of
the Project (except to the extent payable from the proceeds of the Bonds, in-
- come from the temporary investment thereof, and, under certain circumstances,
the proceeds of insurance and condemnation awards). The Bonds shall rot be
deemed to be an indebtedness or charge againstthe general credit or taxing
powers of the City within .the meaning of any constitutional or charter pro-
vision or statutory limitation and neither shall ever constitute or give rise
to any pecuniary liability of the City, but shall be the limited obligations
of the City payable solely as described. herein above. -
- SECTION 5. Authorizationof Execution and Delivery of Indenture. The
Mayor and-City Clerk and other officers-of the City are hereby authorized and
directed to execute anddeliver, simultaneously with the execution and delivery
of the Bonds, the Indentureof Trust (the "Indenture"), in. substantially the
form attahced hereto as Exhibit A, with such changes,. insertions and omissions,
as may be approved by the Mayor of the City, his execution thereof being con-
. elusive evidence of such approval.
SECTION 6. Authorization of Execution and Delivery of Loan Agreement.
The Mayor and City Clerk and other officers of the City are hereby authorized
and directed to execute and deliver, simultaneously with the execution and
delivery of the Bonds, the Loan Agreement (the "Loan Agreement"), in sub-
- stantially the form attached hereto as Exhibit B, with such changes, insertions
li and omissions as may be.approved by the Mayor, his execution thereof being con-
clusive evidence of such approval,. The loan of the proceeds of the Bonds by the
City to the Company for the purposes described in the Indenture and the Loan
Agreement is hereby authorized and shall be governed by the provisions of the
Indenture and .the Loan Agreement.
SECTION 7. Authorization of Execution and Delivery of Escrow Trust Fund
Agreement. The Mayor and City Clerk and other officers of the City are hereby
authorized and directed to execute and deliver, simultaneously with the execution
- 30 - 1_2/23
and delivery ofthe Bonds, theEScrowTrust Fund Agreement (the "Escrow
Agreement"), in substantially the-form attached hereto as Exhibit C, with
such changes, insertions and omissions as may beapproved by the Mayor, his
executior. thereof being conclusive of such approval.. The payment of the
interest on theBonds solely fromcertain United States government oblige- -
tions (the"EscrowSecurities") held under and pursuant to the Escrow Agree-
ment to August 15, 1993,-is he rebyagthorized and approved.
- SECTION 8. Approval of RemarketingAgreement. TheCity hereby approves
the execution and delivery by,:the Company oftheRemarketing Agreement (the
"Remarketing Agreement")., in substantially theform attached hereto as Exhibit
D,-With suchchahges~ insertions and omissions as~may be approved by the Mayor,
- his execution of the2ndenture and the Agreement being conclusive evidence
of such approval. Theappointment of-Miller& Schroeder Financial, Inc., and
E. F. Hutton Company, Irc., as Remarketing Agentunder theRemarketing Agree-
. ment is herebyapproved.
SECTION 9. Approval ofTrustee. TheCity hereby approves the appointment
of First TrustCompany, Inc., Minneapolis, Minnesota, as...Trustee under the In-
denture. Prior to the-execution and delivery of theBOnds and Lipon the request
of .the Company,theMayor of the-City may approve the appointment of any other
fnanc%al institution .meeting the requirements of the,Indenture to act as Co-
Trustee, his execution of theIndenture to constitute conclusive evidence of
such approval,
SECTION 10. Privately Negotiated--SaleofBgnds. A Privately negotiated
sale of theBOnas to Miller.& Schroeder-Financial, Irc „ E.. F. Hutton & Com-
pany, Inc „andsuch othexunderwriters as ,may be approved by the Company (the
- "Underwriters"), ratherthah a sale by public bidding,.is hereby authorized.
The sale of theBonds by. the City to theUnderwriters shall. be made pursuant
to theBond Purchase Agreement, in substantially theform attached asExhibit
E, upon thepayment by.the-Underwriters to theTrusteefor the account of the
City ofthepurchase price therefor specifiedin~such Bond Purchase Agreement.
The Mayor of the-City is hereby authorizedto execute and deliver the Bond
Purchase Agreement to: the Underwriters,.wth such changes, insertions and
omissions as may beapprovedbp the~Mayor, his execution thereof being con•-
clusve evidence of such approval.
5ECTION11. Approval andAuthorization'ofOfficial Statement. .The form,
terms and provisions ofthePreliminary Official Statement, in substantially
the form thereof attachedhereto as, Exhibit F, are hereby approved, and the
- Underwriters are herebyauthorized to use thePrelimi~nary.Official Statement
in connectionwth thepublic offeringoftheBbnds. The City hereby authorizes
the execution and delivery of a final Official Statement, substantially in the
form of thePreliminary Official Statement now before the-City, .with such changes,
insertions and omissions as may be approved by the-Mayor (whois hereby author=.
-j'a ized to execute and delivers•uch final Official Statement), his execution thereof
being conclusive evidence of such approval.
SECTION 12. Authorizatioriof Execution andDeliyery of the Bonds. The
Mayox and City Clerk of theCity are hereby authorized and directed to execute
and deliver theBOnds in themannerprovided in the Indenture, and the Trustee
- 31 - 12/23
is hereby requested to thereupon authenticate the Bonds and deliver~ahe
same, upon payment by the Underwriters of the Purchase price therefor
hereinabove dascribe~l.~ to the Underwriters. The signature of the Mayor
and the City Clerk may be by facsimile and the corporate seal of the City may
be in facsimile.
SECTION 13. No Personal Liability.. No covenant, obligation or agreement
herein contained or contained in the Indenture, the Loan Agreement or the Es-
crow Agreement shall be deemed to be a covenant, obligation or agreement of any
officer, member, agent or employee of the City in his individual capacity, and
no such officer, member, agent or employee of the City shall be personally li-
able on the Bonds or Bonds or be subject to personal liability or accountability
by reason of the issuance thereof.
SECTION 14. Authorization of Execution of Other Documents. The Mayor or
City Clerk and other officers of the City are hereby further authorized,em-
powered and directed, either jointly or individually, to do all such acts and
things and to execute all such documents and certificates on behalf of the City
as may be necessary to conclude and close the issuance, sale and delivery of
the Bonds.
SECTION 15. Severability of Invalid Provisions. If any one or more of the
covenants, agreement or provisions herein contained shall be held contrary to
any .express provisionoflaw or contrary to the policy of express law, though
not expressly prohibited, or against public policy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or provisions shall
be deemed null and void and shall be deemed separable from the remaining cove-
: Hants, agreements and provisions hereof and shall in no way affect the validity
of any of the other provisions hereof or of the Bonds issued hereunder.
- SECTION 16. Repeal of Conflicting Resolutions. All resolutions or ordi-
nances or parts thereof of the City in conflict with the provisions herein con-
flict, he-reby superseded and repealed. -
SECTION 17. Effective Date. This Resolution sh~.ll take effect immediately
upon its adoption.
Adopted this 23rd day of December, .1985
CITY OF"MAPLE4TOOD, MINNESOTA
By
Attest: Mayor
'-a City Clerk ~
Seconded by Councilmember Anderson. Ayes - all.
4. Valley Branch Watershed District
a. Acting Manager Raider presented the Staff report.
b. Councilmember Bastiah.moved to notify the Metropolitan Council that the
proposal as presentedby the Valley Branch Watershed District be accepted.
- 32 - 12/23
Seconded by Couricilmember Maida. Ayes - all.
5. I.R.B. Final Approval - Western State Bank
ti. Ms. Mary I.ppel, Briggs and Morgan, spoke on behalf of the proposal.
b. Mr. Bill Sans, President, Western State Bank, spoke on behalf of the
proposal and stated the building will be completed by March 15, 1986.
c. Councilmember Anderson introduced the following resolution and moved its
adoption:
85~ - 12 - 208
NOTE RESOLUTION
BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, as follows:
ARTICLE ONE -
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS-
1-l. Definitions.
The terms used herein, unless the context hereof shall require otherwise
shell 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 Lcan Agreement unless the context or use thereof indicates another or
different meaning or intent.
Act: the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Chapter 4?4, a5 amended;
Assignment of Rents and Leases: the agreement to be executed by the Bor-
rower assigning all the rents, issues and profits derived from the Project *_o
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, and 'any opinion of Bond Counsel shall
be a-written opinion signed by such Counsel;
Borrower: WAV, Inc., a Minnesota corporation, its successors and assigns,
and any surviving, resulting or transferee business entity which may assume
his obligations under the Loan Agreement;
~'.j City: the City of Mapl®wood, Minnesota, its successors and assigns;
Construction Fund: the fund established by the City pursuant to this
Resolution and into which the proceeds of the Note will be deposited;
Construction Loan Agreement: the agreement to be executed by the City,
the Borrower and the Lender, relating the acquisition, construction and in-
' stallation of the Project; -
- 33 - 12/23
_ Disbursing Agreement; the-agreementto be executed by the City, the
Borrower and the Lender, relating to the disbursement and payment of Project
Costs out o~.the ConstructionFund;
Guaranty: the guaranty of the-obligations of the Borrower under the
Note, theMortgage, the Loan Agreement and all related documents by Western
Bankshare, Inc. (the "Guarantor");
Improvements: thestructures and other improvements, including any
tangible personal property, to be constructed or installed by the Bcrrower
on the Land in accordance with thePlans and Specifications;
Land;. the real property and any other easements and rights described
in Exhibit A attached to theLOan Agreement;
Lender: Wayzata Bank. and Trust Company, Wayzata, Minnesota, its suc-
cessors and assigns;
Loan Agreement: theagreement to be executedby'the City and the Borrower,
providing for theissuanee of the Note and the loan of the proceeds thereof to
the Borrower, including any amendments or supplements thereto made in accor-
dance with its provisions;
Mortgage: the Combination Portgage, Security Agreement and Fixture
Financing Statement to be executed by the-Borrower, as mortgagor, to the
Lender, as mortgagee, securing payment of the Note and interest thereon;
Note: the $1,800,000 Industrial Development Revenue Note of 1985 (WAV,
Inc. Project), to be issued by the City pursuant to this Resolution and the
Loan Agreement;
Note Register: the records kept by the City Clerk to provide for the
registration of transfer of ownership of .the Note;
- Plans and Specifications: the plans and specifications for the construc-
tion and installation of the Improvements on the Land,, which are approved by
the Lender, together with such modifications thereof and additions theretoas
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
pledring 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;
b
Project: the Land and Improvements as they may at any time exist;
Project Costs: the total of all "Construction Costs" and "Loan and
Carrying Charges," as those terms are defined in the Loan Agreement;
Resolution: this Resolution of the City adopted December 23, 1985,
together with any supplement or amendment thereto.
- 34 - 12/23
.All references in this instrument to designated "Articles," "Sections"
. andother subdivisions are to the designated Articles, Sections and sub-
divisions of this instrument as originally executed. The words "herein J"
"hereof" and "hereunder" and other words of similar import refer to this
Resolution as a whole not to any particular Article, Section or subdivision.
1-2. Legal Authorization.
The City is a political subdivision of the State of Minnesota, and is
authorized under the Act to initiate the revenue producing project herein
referred to, and to issue and sell the Note for the purpose, in the manner
and upon the terms and conditions set forth in the Act and in this Resolu-
tion.
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 establishmentwithin the City, of a Project consisting of certain property
all as more fully described intheLOan Agreement. and which will be of the
character and accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the Construction
Loan Agreement, and the Disbursing Agreement which documents specify the terms
and conditions of. the acquisition and financing of the Project;
(3) in authorizing the Project the City'.s purpose is, and in its judg-
e meet the effect thereof will be, to promote the public welfare by: the at-
traction, encouragement anddeveloprment of ecenom7~cally 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 development of revenue-
producing enterprises to use the available resources of the community, in
order to retair, the benefit of the community's existing investment in educa-
tional and. public service facilities; the halting ofthe movement of talented,
educated personnelof all ages to other areas thus preserving the economic and
human resources needed as a basefor providing governmental services and faci°
lities; the provision of accessible employment opportunities for residents in
the .are a; the expansion of an adequate tax base to finance the cost of govern-
mental services, including. educational services for the school district serving
the community in which the Project is situated;
(4) the amount estimated to be necessary to partially finance the Project
-~~'.a Costs, including thecosts afid estimated costs permitted by Section 474.05 of
the Act, will require the issuance of the Note in the principal amount of
$1,450,000 as hereinafter provided,;
(5) it is desirable, feasible and consistent with the objects and pur-
poses of the Act to issue the Note, for the purpose of partially financing the
Project;
(6) the Note and~theinterest accruing thereon do net constitute an in-
debtedness of the City within the meaning of any constitutional or statutory
limitation and do nob constitute or give rise to a pecuniary liability or. a'
- 35 - - 12/23
charge against the general credit or taxing powers of the City and neither
the full faith and credit nor the taxing powers of the City is pledged for
the payment of the Note or interest thereon; and
(7) The Note is an industrial development bond within the meaning of
Section 103(b) of the Internal Revenue Code and is to be issued within the
exemption provided under subparagraph (D) of Section 103(b)(6) of the Code
with respect to an issue of $10,000,000 or less; provided that nothing herein
shall prevent the City from hereafter qualifying the Note under a different
exemption if, and to the extent, such exemption is~permitted by law and con-
sistent with the objects and purposes of the Project.
1-4. Authorization.and Ratification of Project.
The City has heretofore and does hereby authorize the Borrower, in accor-
dancewith the provisions of Section 474.03(7) of the Act and subject to the
terms and conditionsset forth in the Construction Loan Agreement and the
Disbursing Agreement, to .provide for the. construction and installation of
the Improvements to be included in the Project pursuant to_the Plans and
Specifications by such means as shall be available to the Borrower .and in
the manner determined by the Borrower, and without advertisement for bids as
may be required for the construction and acquisition of municipal facilities;
and the City hereby ratifies, affirms, and approves all actions heretofore
taken.. by the Borrower consistent with and in anticipation of such authority
and in compliance with the Plans and Specifications.
ARTICLE TWO
DIOTE
2-l. Authorized Amount and Form of Note.
The Noteissued pursuant to this.Resolution shall be in substantially
the form. set forth on Exhibit A hereto, with such appropriate variations,
omissionsand 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
$1,800,000 unless a duplicate Note is issued pursuant to Section 2-7.
2-2. The Note.
TheNOte shall be dated as of the date of delivery, shall be payable
at the times and in the manner, shall bear interest at the rate, and shall be
subject to such other terms and conditions as are set forth therein.
2-3. Execution.
',i The Note shall be executed on behalf of the City by the signatures of
its Mayor and City Clerk and shall be sealed with the seal of the City. In
case any officer whose signature shall appear on the Note shall cease to be
such officer before the. delivery of the Note, such signature shall neverthe-
less be valid and sufficient for all purposes, the same as if had remained
in office until delivery. In the event of the absence or disability of the
Mayor or City Clerk, such officers of the City. as, in the opinion of the
City Attorney, may act in their behalf, shall without further act or
authorization of the City Council-execute and deliver the Note.
- - 36 - 12/23
2-4; Delivery of Note.
Before delivery of the Note there shall be filed with the Lender
(except to the extent waived by the Lender) the following items:
(1) an executed copy of each of the following documents:
(A) the Loan Agreement;
(B) the Pledge Agreement; - .
(C) the Mortgage;
(D) the Assignment of Leases and Rents;
(E) the Construction Loan Agreement;
(F) a Cost Certificate signed by the Borrower certifying the
use of the proceeds of the Note;.
(G) and all existing leases between the Borrower and any tenants
of the Projects;
(H) the Disbursing Agreement;
(2) an opinion of Counsel for the Borrower as prescribed by Bond Counsel
and Lender's Counsel;
- (3) theopinion of~,BOnd~,Counse&c:as~t~a_-.the-.Nai~~~ty and°-fa~e~Ampt~status
of the Note;
(4) such other documents and opinions as Bond Counsel may reasonably
require for purposes of,rendering its opinion required in subsection (3)
above or that the Lender may reasonably require for the closing.
2-5. Disposition of Note Proceeds.
- There is hereby established with the Lender a Construction Fund to be
held by the Lender as a separate account of the City as provided in the Con-
struction Loan Agreement. Upon delivery of theNOte to Lender, the proceeds
of such Note shall be credited to the Construction Fund held by the Lender on
behalf of the City,-at which time the entire principal amount of the Note
shall be deemed advanced, and the Lender shall.,~on behalf of the City, disburse
funds from the Construction Fund for payment-. of Project Costs upon receipt of
such supporting documentation as theLender may deem reasonably necessary, in-
cluding compliance with the provisions of the Construction Loan Agreement. The
'a Borrower shall provide the City with a full accounting of all funds disbursed
for Froject Costs. ,
Any surplus in the Construction Fund shall be applied towards the pre-
payment of the Note as provided in the Construction-Loan Agreement and the
Disbursing Agreement and shall not be invested to produce a yield greater than
the yield on the Note, as required by Internal Revenue Service Revenue Pro-
- cedure ?9-5, Revenue Procedure 81-22 and 26 CFR 601.201 (and any subsequent
amendments, modifications or replacements thereof); provided that, if the
Lender receives an opinion of Bond counsel that the exemption from federal
- 37 - 12/23
income taxation of interest on the Notes will not be jeopardized, the
surplus funds maybe invested at a yield greater than the yield on the
Note.
2-6. Registration of Transfer.
The City will cause to be kept at the office of the City Clerk a Note
Register in which,_subject to such reasonable regulations as it may prescribe,
the City shall provide for the registration of transfers of ownership of the
Note. The Note shall be transferable upon the Note Register by the Lender in
person or by its agent duly authorized in writing, upon surrender of the Note
together with a written instrument of transfer ,satisfactory to the City Clerk,
duly executed by the Lender or its duly authorized agent. Upon such transfer
the City Clerk shall note the date of registration and the name and address of
the new Lender in the Note Register and in the registration blank appearing
on the Note.
2-7. Mutilated, Lost or Destroyed Note.
In case any Note issued hereundershall become mutilated or be destroyed
or lost, the City shall, if not then prohibited by law, cause to be executed
and delivered, a new Note-of like outstanding principal amount, number and tenor
- in exchange and substitution for and .upon cancellation of such mutilated Note,
or ir. lieu of and in substitution for such Note destroyed or lost,.. upon the
Lender's paying the reasonable expenses an d. charges of .the City in connection
therewith, and in the case of a Note destroyed or lost, the filing witYt the
City of evidence satisfactory tothe City that suchNOte was destroyed or lost,
and furnishing the City with indemnity satisfactory to it, .all in conformance
with Minnesota Statutes, Section 475.70 and 475.69. If the mutilated, destroyed
or lost Note has already matured or beer called for redemption in accordance
with its terms,.it shall-not be necessary to issue a new Note prior to payment.
2-8. Ownership ofNOte.
' The City maydeem and tm at the person in whose name the Note is last
registered in the Note Register and by notation on the Note whether or not such
Note shall be overdue, as the absolute owner of such Note for thepurpose of
receiving payment of or on account of the Principal Balance, redemption price
- or interest and for all other purposes whatsoever, and the City shall not be
_ affected by any notice to the contrary.
2-9. Limitation on Note Transfers.
The Note has been issuedwithout registration under state or other securi-
ties laws, pursuant to an exemption for such issuance; and accordingly, the
Note may not be assigned or transferred in whole or part, nor may a participa-
a tion interest in the Note be given pursuant to any participation agreement,.
except in accordance with an applicable exemption from such registration re-
quirements and in accordance with Section 7.11 of the Loan Agreement.
ARTICLE THREE
- - GENERAL COVENANTS
_ 3-l. Payment of Principal and Interest.
- 38 - 17_/23
The City, covenants that it will promptly pay or cause to be pa~.d the
principal of and interest on the Note at the place, on the dates, solely from
the source and in the manner provided herein and in the Note. The principal
and interest are payable solely from`and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement, the Mortgage, the
Construction Loan Agreement and the Assignment of Leases and Rents, which
revenues and proceeds are hereby specifically pledged to the payment thereof
in the manner and to the extent specified i,n the Note, the Loan Agreement,
the Pledge Agreement, the Mortgage the Construction Loan Agreement and the
- Assignment of Leases and Rents; and nothing in the Note or in this Resolution
shall be considered as assigning, pledging or otherwise encumbering any other
funds or assets of the City.
3-2. Performance of and Authority for Covenants.
- The City covenants that it will faithfully. perform at all times any and
all covenants, undertakings, stipulations andprovisions contained in this
Resolution, in the Note executed, authenticated and delivered hereunder and -
- in all proceedings of the Czty Council pertaining thereto; that. it is duly
authorized under the Constitution and laws of the State of Minnesota includ-
ing particularly andwithout limitation the Act, to issue the Note authorized
hereby, pledge the revenues and assign the Loan Agreement in the manner and
to the extent set forth in this Resolution, the Note, the Loan Agreement and
the Pledge Agreement; that all actipn on its part for the issuance of the
Note and for the execution. and delivery thereof has been duly and effectively
taken; and that the Note in the hands of the Lender is and will be a valid
and-enforceable special limited obligation of the City according to the
- terms thereof.
3-3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants and obligations of the Borrower
under the Loan Agreement and Construction Loan-Agreement and the Disbursing
Agreement, and to perform all covenants and other provisions pertaining to the
City contained in the Not@, the Loan Agreement and the Construction Loan Agree-
ment and the Disbursing Agreement and subject to Section 3-4.
3-4. Nature of Security.
Notwithstanding anything containedin theNote, the Mortgage, the Assign-
ment of Leases and Rents, the Loan Agreement, the Pledge Agreement_or any
other document referred to in Section 2-4to the contrary, under the provi-
sions of the Act the Note may not be payable from or be a charge upon any
funds of the City otherthan the revenues and proceeds pledged to the payment
thereof, nor shall the City be subject to any liability thereon, nor shall the
Note otherwise contribute or give rise to a pecuniary liability of the City or,
a to the extent permitted by law, any of the City's officers, employees and agents.
No holder of the Note shall ever have the right to compel any exercise of the
taxing power of the City to pay the Note or the interest thereon, or to enforce
- payment thereof against any property of the City other than the revenues pledged
.under the Pledge Agreement; and the Note shall not constitute a charge, lien
or encumbrance legal or equitable, upon any property of the City; and the Note
shall not constitute a~debt of the City within the meaning of any constitutional
or statutory limitation; but nothing in the Act impairs the rights of the Lender
to enforce the covenants made for the security thereof as provided in this
- 39 - ~ 12/23
Resolution, the Loan Agreement, the Pledge Agreement, the Mortgage, the
Assignment of Leases and Rents, the Construction Loan Agreement and the
Disbursing Agreement, and in the Act, and by authority of the Act the City
has made the covenants and agreements herein for the benefit of the Under;
provided that in any event, the agreement of the City to perform or enforce
the covenants and other provisions contained in the Note, the Loan Agreement,
the Pledge Agreement and the Construction Loan Agreement and the Disbursing
Agreement shall be subject at all times to the availability of revenues under
the Loan Agreement sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject to any personal or
pecuniary liability thereon.
3-5. Preservation of Tax Exempt Status of the Note.
(1) In order to preserve the tax exempt status of the Note, the City
covenants that it shalltake such actions as are required and within its
reasonable control to prevent the interest on the Note from becoming taxable
for federal income tax purposes for the owners thereof (ether than any owner.
who is a "substantial user" or "related person thereto" within the meaning of
Section 103(b) of the Code) including but not limited to taking all actions
required of it under Section 103(c)(6) of the Code. To this end, the City
shall:
(A) cause the Borrower to maintain records identifying all "gross
proceeds" attributable to the Note, the yield atwhich such gross proceeds
are invested, any arbitrage profit derived therefrom, and any earnings de-
_ rived from the investment of such arbitrage profit;
(B) make and ,^.iaintain on file all annual determinations of the amount,
if any, of excess arbitrage required to be rebated to the United States;
(C) rebate to the United States at least once every five years the
amount, if any, which is required to be rebated to the United States, in-
eluding the last installment which shall be made no later than 30 days after
.the day on which the Note is paid in full;
(D) not invest "gross proceeds" in any acquired nonpurpose obligations
so as tc deflect arbitrage otherwise payable to the United States as a "pro-
hibited payment" to the third party;
(E) refrain frominvesting any "gross proceeds" allocable to the Note
in acquired nonpurpose obligations at a yield in excess of the yield on the
Note to the extent such gross proceeds exceed in any calendar year more than
150% of the debt service requirements for the Note in that calendar year; and
(F) retain on file all records of the annual determination of the rebate
a amount until six (6) years a~ber the retirement of the- Note;
(2) the City hereby represents and covenants that any fees received by
it in connection with .the issuance of the Note shall be spent as quickly as
practicable and until spent shall not be invested in acquired nonpurpose obli-
gations the yield on which exceed the yield on the Note.
- 40 - - 12/23
ARTICLE FOUR
MISCELLANEOUS
4-l. Severability.
If any provision of this Resolution shall be held or deemed to be or
shall, in fact, be inoperative or unenforceable as applied in any particu-
lar case in any jurisdiction or jurisdictions or in all jurisdictions or~:in
all cases because it conflicts with any provisions of any constitution or
statute or rule or public policy, or for any other reason, such circumstances
shall not have the effect of rendering the provision in question inoperative
or unenforceable in any other case or circumstance,or of rendering any other
provision or provisions herein contained invalid, inoperative, or unenforceable
~to any extent whatever. The invalidity of any one or more phrases, sentences,
clauses or paragraphs in this Resolution contained shall not affect the remain-
. iag portions of this Resolution or any part thereof.
4-2, Authentication of Transcript.
- The officers of the City are directed to furnish to Bond Counsel certi-
fied copies of this Resolution and all documents referred to herein, and
afficavits or certificates as to all other matters which are reasonably -
- necessary to evidence the validity of the Note. All such certified copies,
cer*_ificates and affidavits, including any heretofore furnished, shall con-
. stitute recitals of the City as-to the correctness of all statements con-
tained therein.
4-3. Registration of Resolution. - -
The City Clerk is authorized and directed to cause a copy of this Resolu-
tion to be filed with the County Auditor of Ramsey County,.and to obtain from
said County Auditor a certificate that the DTote as a bond of the City has been
duly entered upon his bond register.
4-4. Authorization to Execute Agreements.
_ The forms of the proposed.Loan Agreement, Pledge Agreement,Construction
_ Loan Agreement and the Disbursing Agreement are hereby approved in substantially
the form heretofore presentedto the City Counciltogether with such additional
details therein as may be necessary and appropriate and such modifications ,
-thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by Bond Counsel prior to the execution of the docu-
ments, and the Mayor and City Clerk are authorized to execute the Loan Agree-
ment, the Pledge Agreement, the Ccnstruction Loan Agreement and the Disbursing
Agreement in the name of and on behalf of the City and such other documents as
`b Bond Counsel consider appropriate in connection with the issuance of the Note
upon approval by the City Attorney as to the form. In the event of the absence
or disability of the Mayor and City Clerk such officers of-the City as, in the
opinion of the City Attorney, may act in their behalf, shall without further"
or authorization of the City Council do all things and execute all instruments
- 41 - 12/23
and documents required to be done or executed by such absent or disabled
- officers. The execution of any instrument by the appropriate officer or
_ of £icers of the City herein authorized shall~be cencl.usive evidence of
the approval of such documents in accordance with the terms hereof.
Adopted: December 23, 1985.
Mayor
Attest:
City Clerk
Seconded by Councilmember Bastian. Ayes - alt,
6. I.R.B. Final Approval
a. Councilmember Bastian moved to table this item until the December 26, 1985
meeting.
Seconded by Councilmember Wasiluk. Ayes - all.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. Personal
a. Councilm°mber Maida wished to thank the Staff for all their help during her
four-year term.
i
L. ADMINISTRATIVE PRESENTATION
I. 1. Metro Supervisory Contract
a. Acting Manager Haider presented the proposed contract.
b. Councilmember Anderson moved to approve the 1986 Metro Supervisory Contract
as presented.
`',a Seconded by CouncilMember Maida. Ayes - all.
M. ADJOURNMENT
10:40 P.M.
City Clerk
- 42 - 12/23