HomeMy WebLinkAbout08.08.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 8, 1988
Council Chambers, Municipal Building
Meeting No. 88-18
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Arrived at 7:03 P.M.
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Absent
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 88-9 (May 9, 1988)
Mayor Greavu moved to approve the Minutes of Meeting No. 88-9 (May 9 1988)
as submitted.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmember
Juker
Councilmember Anderson abstained.
2. Minutes of Meeting No. 88-10 (May 16, 1988)
Councilmember Anderson moved to approve the Minutes of Meeting No. 88-10
(May 16, 1988) as submitted.
Seconded by Councilmember Juker. Ayes - all.
D. APPROVAL OF AGENDA
Councilmember Anderson moved to approve the Agenda as amended:
1. Dutch Elm Disease
2. 4-Way Stop Sign - Maryland and Ferndale
3. Maple Hills Office
4. Community Newspaper
Seconded by Councilmember Juker. Ayes - all.
E-A. PRESENTATIONS
1. H.R.C. Annual Report - John Prey
a. Chairman John Prey presented the 1987 Annual Human Relations Commission
= report.
8/8
b. Mayor Greavu moved to accept the 1987 Annual H R C Report
Seconded by Councilmember Juker. Ayes - all.
E, CONSENT AGENDA
Councilmember Anderson moved, Seconded by Councilmember Juker; Ayes - all
to approve the Consent Agenda Items E-1 through 5 as recommended
1. Accounts Payable:
l~ Approved the following claims:
Accounts Payable:
$448,400.97 Checks #7921 - #7990
Dated 07-13-88 thru 07-29-88
$285,895.56 Checks #3647 - #3781
Dated 08-08-88
$734,296.53 Total per attached voucher/check .register
(25.00) Less Voided Check #3709
(33.00) Less Voided Check #3670
(1,118.00) Less Voided Check #3659
$733,120.53 Net Total
Payroll:
$163,689.35 Payroll Checks
$ 29,348.56 Payroll Deductions
$193,037.91 Total Payroll
$926,158.44 Grand Total
2. Certification of Election Judges
Resolution No. 88 - 8 - 120
RESOLVED that the City Council of Maplewood, Minnesota, accepts the
following list of Election Judges for the 1988 Primary Election, Tuesday,
September 13, 1988:
Precinct #1 Precinct #8
Karl Biebighauser, Chairman Lorraine Fischer, Chairman
Orpha Getty Betty Berglund
Irene Ling Rita Frederickson
Claire Healy Mildred Houck
Nancy Behr
~ Precinct #2
Precinct #9
Pat Thompson, Chairman
Kathleen Dittel Dolores Mallet, Chairman
Bea Hendricks Margaret McDonald
Florence Stella Ruth Myckleby-Lang
Helen Dickson Bernadine Mortinson
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Precinct #3 Precinct #10
Charlene Arbuckle, Chairman Pat Werden, Chairman
Doris Broady Mary Lou Lieder
Alice Miller Daine Golaski
Margaret Earley Anne Fosburgh
Richard Wolszon
Precinct #11
Precinct #4
Shirley Luttrell, Chairman
Caroline Warner, Chairman Maxine Olson
Betty Eddy Delores Lofgren
Joyce Lipinski Kathy Haynes
Thelma Ling Helen King
LeAnn Kaup
Precinct #12
Precinct #5
Mary Libhardt, Chairman
Elsie Wiegert, Chairman DeLoris Fastner
Emma Klebe Mildred Dehen
Phyllis Erickson Marcella Watson
Annette LaCasse Raymond Getty
Gloria Zuercher
Precinct #13
Precinct #6
Jack Arbuckle, Chairman
Kathy Supan, Chairman Donald Wiegert
Gunborg Mowchan Bill Schnellman
Linda Prigge Richard Lofgren
Judy Widholm Theodore Haas
Sandy Jones
Precinct #14
Precinct #7
Marilyn Wold, Chairman
Margaret Wolszon, Chairman Grace Locke
Betty Haas Kathleen Tracy
Armella Podgorski Marjorie Lee
Joan Cottrell Elsie Anderson
Mildred Burke
3. Final Plat: Huntington Hills South Addition
Approved the Huntington Hills South Addition final plat subject to withholding
a building permit for each of the building sites north of Hillwood Drive,
until a City-approved restrictive covenant is recorded to combine Outlot A
with Lot One and Outlot B with Lot Two. This covenant shall be recorded
against both the titles of each parcel (abstract and torrens).
This plat shall not be signed by the City until the City approves the proposed
restrictive covenant and the proposed alignment for Sterling Street.
4. Accept Hillwood Drive Project 86-OS
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Resolution No. 88 - 8 - 121
WHEREAS, the City Engineer for the City of Maplewood has determined
that Hillwood Drive, Crestview to Marnie, City Project 86-OS is complete
and recommends acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 86-OS is complete and maintenance of these
improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
5. Application for Liquor License - Applebee's
Council approved the change of managers for the Applebee's On-Sale Intoxicating
Liquor License to Julie Ann Humphreys. Investigations by the Public Safety
Department are found to be satisfactory.
F. PUBLIC HEARINGS
1. 7:00 P.M., McKnight Road Phase II - Project 87-04
a. Manager Greavu convened the meeting for a public hearing regarding the
proposal to reconstruct McKnight Road, construction of a five foot wide side-
walk, construction of storm sewer and the replacement of sanitary sewer and
water main between Highway 36 and Larpehteur Avenue.
b. Manager McGuire presented the Staff report.
c. City Attorney John Bannigan instructed the Council as to the procedures
to hold a public hearing.
d. Director of Public Works Haider presented the specifics of the proposal.
e. Council delayed the hearing until the time designated on the public
notice, 7:20 P.M.
G. AIJARD OF BIDS
1. Sterling Water Main Project 87-45
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoytion:
88-8- 122
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Shafer Contracting Company in the amount of $76,589 is the lowest
responsible bid for the construction of Sterling Street Water Main, City
Project 87-45, and the proper City Officials are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of
the City.
Seconded by Councilmember Juker. Ayes - all.
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2. Street Overlay Project.
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption•
88-8-123
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Valley Paving, Inc., in the amount of $94,764.00 is the lowest
responsible bid for the construction of City Project 88-16, Bituminous
Overlay, and the proper City Officials are hereby authorized and directed
to enter into a contract with said bidder for and on behalf of the City.
Seconded by Councilmember Bastian. Ayes - all.
3:. Motor Grader
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption:
88-8-124
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Zigler, Inc., in the amount of $132,580 less trade-in of $44,600
for a net bid of $87,980 is the lowest responsfble bid for furnishing one (1)
articulated frame motor grader, and the proper City Offfcials are hereby
authorized and directed to enter into a contract with said bidder for and
on behalf of the City.
Seconded by Mayor Greavu. Ayes - all.
F. PUBLIC HEARINGS (Continued)
1. 7:40 P.M., McKnight Road Phase II - Project 87-04.
a. Mayor Greavu convened the meeting for a public hearing regarding the
proposal to reconstruct McKnight Road, construction of a five foot wide
sidewalk, construction of storm sewer and the replacement of sanitary sewer
and water main between Highway 36 and Larpenteur Avenue.
b. Manager McGuire presented the Staff report.
c. City Attorney John Bannigan instructed the Council as to the procedures
to hold a public hearing.
d. Director of Public Works Haider presented the specifics of the proposal.
e. Mayor Greavu called for proponents and opponents. The following area
residents asked questions:
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Richard Losner, 1836 McKnight Road
Mrs. Thomas Sandstrom, 1905 McKnight Road
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to table this item until the 8-22-88 Meeting when
the entire Council will be in attendance.
Seconded by Councilmember Anderson. Ayes - all.
2. 7:10 P.M., Conditional Use Permit: Gervais Avenue (Schwan's Warehouse/Office)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Schwan's Sales Enterprises, Inc., for a conditional use permit
to construct a one-story building to be used as a wholesale food warehouse,
office and inside truck parking for their meat and dairy distribution. .
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. David Lindholm, representing Schwan's spoke on behalf of the proposal.
e. Mayor Greavu called for proponents and opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Juker introduced the following resolution and moved its
adoption•
88-8- 125
WHEREAS, Schwan's Sales Enterprises, Inc., initiated a conditional use
permit to construct a wholesale/warehouse structure at the following-
described property:
The East half of the North half of Lot 16, E. G. Rogers' Garden
Lots, except the South 250 feet thereof.
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on July 18, 1988. The Planning Commission recommended
to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on August 8, 1988.
Notice thereof was published and mailed pursuant to law. All per-
sons present at said hearing were given 'an opportunity to be heard
and present written statements. The Council also considered reports
and recommendations of the City Staff and Planning Commission.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described conditional use permit be approved on the basis of the
following findings-of-fact:
1. The use is in conformity with the City's comprehensive plan and
with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to
be compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area proper-
ties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to adherence to the site plan, dated June 24, 1988,
unless a change is approved by the City's Community Design Review Board.
Seconded by Councilmember Anderson. Ayes - all.
3. 7:20 P.M., Canditional Use Permit: English and Highway 36 (English Place)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of the Century Companies for approval of a conditional use permit
to construct a two-level commercial building containing a convenience
store with gas sales and six leasable tenant spaces.
b. Manager McGuire presented the Staff report.
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c. Director of Community Development Olson presented the specifics o£
the proposal.
d. Board Member Roger Anitzberger presented the Community Design Review
Board recommendation.
e. Mr. Dick Ernst, Century Companies, spoke on behalf of the proposal.
f. Mayor Greavu called for opponents and proponents. The fiollowing voiced
their opinions:
Gary Gerke, 1252 Cope Avenue
Roger Franz, 1282 Cope Avenue
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following resolution and moved its
adoption•
88 - 8 - 126
WHEREAS, the Century Companies initiated a conditional use permit to
construct a commercial building at the following-described property:
Subject to Highway 36; vacated street accruing and following; except
the west 379 feet more or less of Block 18, Clifton Addition.
and
Subject to street and except part of Lots 19 through 25 beginning on
the north line of Block 13 and 379.61 feet east of the northwest corner
of Lot 16 then south 29 degrees 14 minutes west 117.56 feet to street
as opened in Document 2021912 then northwest to the north line of said
Block 13 then east to the beginning; vacated alley accruing and part
lying northeasterly of the northeast line of said street as opened in
Document 2021912 of Block 13.
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on July 18, 1988. The Planning Commission recommended
to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on August 8, 1988.
Notice thereof was published and mailed pursuant to law. All persons
present at said hearing were given an opportunity to be heard and
present written statements. The Council also considered reports and
recommendations of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL THAT the
above-described conditional use permit be approved on the basis of the fol-
lowing findings-of-fact:
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1. The use is in conformity with the City's comprehensive plan
and with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be
compatible with the character of that zoning district.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area properties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated May 27, 1988, unless a change
is approved by the City's Community Design Review Board.
2. The right-turn lane proposed along English Street shall be sub-
. ject to the City Engineer's approval.
3. The applicant shall restripe English Street, and widen it if
necessary, to provide a left-turn lane for west-bound Highway 36,
subject to the City Engineer's approval.
4. The landscape plan shall be revised for Community Design Review
Board approval showing:
a. On-site berming along Cope Avenue and English Street. These
berms shall be four feet tall.
b. A thick screen of evergreen plantings shall be provided, main-
tained and replaced when necessary on top of the berms to
block headlight glare, to meet the requirements of Section 36-27
of the City code.
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c. Trees shall also be planted on top of the berms.
5. Gas sales shall be limited to two dispensers on one island..
There shall be no vehicle repair or maintenance.
6. The upper floor uses, facing Cope Avenue, shall not be open
between the hours of 10:00 P.M. and 7:00 A.M,
7, There shall be no temporary or permanent outside storage or
sales, except fuel.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Bastian..
Nay - Councilmember Juker.
H. UNFINISHED BUSINESS
1. Community Design Review Board Appeal.
a. Mayor Greavu moved to table this item until the Meeting of AllgllSt 22, 1988.
Seconded by Councilmember Bastian. Ayes - all.
2, Food Shelf
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to refer the question of establishing an area food
shelf be referred to the Human Relations Commission.
Seconded by Councilmember Bastian.. Ayes - al`1.
3. Assessment Appeals
a. Boxwood Avenue, Project 87-19
1. Manager McGuire presented the Staff reports.
2. Mayor Greavu moved to deny the r~uests of the following for reduc-
tion, cancellatio_n_or deferring the Boxwood Avenue Project 87-19
assessments•
1. Kenneth and Mary Postiff, 1215 Dorland
PIN 13-28-22-33-0002
2. Elmer C. Guetschoff, 1211 Dorland Road
PIN 24-28-22-22-0013
3. Capitol City Adventist School, 1220 So. McKnight
PIN 24-28-22-22-0035
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker
Nay - Councilmember Bastian.
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_
b. Highway 61 Water Main, Project 87-13
1. Manager McGuire presented the Staff report.
2. Councilmember Anderson moved to deny the request of the following for
revision or cancellation of their Highway 61 Water Main Project 87-13
assessments.
1. Second Williams Financial Corporation, 2720 North Highway 61
PIN 04-29-22-44-0009
2. Hubbard Broadcasting
PIN 04-29-22-41-0003
Seconded by Councilmember Juker. Ayes - all.
c. Meyer Street Water Main, Project 87-13
1. Manager McGuire presented the Staff report.
2. Councilmember Anderson moved to deny the request of the following for
cancellation or revision of their Meyer Street Water Main Project 87-13
assessments•
1. Norman and Bernadette Whall, 762 Meyer Street
PIN 25-29-22-34-0088
2. Rose C. Hellige, 2405 E. Minnehaha
- PIN 25-29-22-34-0089
3. Richard Sittig, 739 Meyer Street
PIN 25-29-22-34-0095
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker
Nay - Councilmember Bastian.
I. NEW BUSINESS
1. Resolution: Beaver Creek Apartments
a. Mary Ippel, attorney for Briggs and Morgan, Bonding Consultant, presented
and explained the request.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88 - 8 - 127
RESOLUTION AUTHORIZING THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE REFUNDING
BONDS TO REFUND BONDS PREVIOUSLY ISSUED
TO FINANCE A PROJECT AND PROGRAM THEREFORE
AND AUTHORIZING THE EXECUTION OF VARIOUS
DOCUMENTS IN CONNECTION THEREWITH
(BEAVER CREEK APARTMENTS PROJECT--
FHA INSURED MORTGAGE LOAN)
- 11- 8/8
BE IT RESOLVED by the Council of the City of Maplewood, Minnesota,
as follows:
1. The Council has previously received a proposal from Beaver Creek
Apartments Limited Partnership, a Minnesota limited partnership (the
"Company") that the City of Maplewood (the "City" or the "Issuer") under-
take a multifamily housing development program to finance in part a cer-
tain rental project as herein described, pursuant to Minnesota Statutes,
Chapter 462C (the "Act"), through the 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 "Prior Bonds").
2. Pursuant to Resolution No. 85-12-204 adopted on December 23, 1985
(the "Prior Authorizing Resolution"), the City authorized the issuance and
sale of the Prior Bonds and issued the Prior Bonds on December 27, 1985,
pursuant to an Indenture of Trust (the "Original Indenture") dated as of
December 1, 1985, between the City and First Trust Company, Inc. (the
Trustee").
3. The proceeds of the Prior Bonds were originally loaned to the
Company for the acquisition, construction and equipping of a multifamily
housing development (the "Project") approved by the City, all as further
described in the Original Indenture and in a Loan Agreement (the "Original
Loan Agreement") dated as of December 1, 1985, between the City and the
Company.
4. By certain resolutions previously adopted by the City (the "Prior
Extension Resolutions"), the City granted extensions of the Disbursement
Date (as defined in the Original Indenture) from December 1, 1986 to June 1,
1987, from June 1, 1987 to December 1, 1987, and from December 1, 1987 to
June 1, 1988, respectively. By Resolution adopted by the City of May 23,
1988 (the "Preliminary Refunding Resolution"), the City (i) granted extension
of the Disbursement Date (as defined in the Original Indenture) to September
1, 1988 and (ii) after a public hearing thereon, preliminarily approved the
issuance of refunding Bonds to refund and prepay in part the Prior Bonds.
5. The Company has now advised the City that it now desires to redeem
$2,885,000 of the Prior Bonds from the Escrowed Proceeds (as defined in the
Original Indenture) thereof and desires that the City issue refunding bonds
in the amount of $5,615,000, the proceeds of which will be used to refund,
prepay and redeem the remaining principal amount of the Prior Bonds.
6. The Company requests that the City refund in part the Prior Bonds
through the issuance by the City of its $5,615,000 Multifamily Mortgage
Revenue Refunding Bonds (Beaver Creek Apartments project - FHA Insured
Mortgage Loan), Series 1988 (the "Bonds:).
7. Upon issuance of the Bonds, a like amount of proceeds of the Prior
Bonds, together with all investment earnings on the Prior Bonds (the "Trans-
ferred Proceeds") will be used to construct and equip on certain real estate
to be owned by the Company the Project, which will now consist of a 120-unit
multifamily housing rental facility (hereinafter referred to as the "Project").
- 12 - 8/8
The Project will provide rental housing to low and moderate income
persons (as described below) and will otherwise further the policies
_ and purposes of the Act. A public hearing on the bonds was duly held
by this City Council on May 23, 1988. The findings made in the pre-
liminary resolution of the City adopted on February 11, 1985 (the
"Preliminary Resolution") pertaining to the Project and the Prelimi-
nary Refunding Resolution adopted by this City Council on May 23, 1988,
with respect to the bonds are hereby ratified, affirmed and approved.
It is proposed that, pursuant to a Loan Agreement to be dated
as of August 1, 1988, 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 refund in part the Prior Bonds and permit the Transferred
Proceeds of the Prior Bonds to be used to construct and install 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, interest on, and the purchase price of, 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 National
Association, located in Saint Paul, Minnesota (the "Trustee") as security
for payment of the Bonds under an Indenture of Trust dated as of August 1,
1988 between the City and the Trustee (the "Indenture"). The operation and
occupancy of the Project will be subject to the terms and conditions of an
Amended and Restated Regulatory Agreement dated as of August 1, 1988, be-
tween the City, the Trustee and the Company (the "Regulatory Agreement")
and an Amended and Restated Declaration of Restrictive Covenants (the
"Declaration") dated as of August 1, 1988, executed by the Company and
recorded as covenants and restrictions running with the land on which
the Project is located. The Transferred Proceeds loaned pursuant to the
Loan Agreement will be used to fund a mortgage loan made to the Company to
finance the acquisition, construction and installation of the Project,
which mortgage loan will be issued by the Federal Housing Administration
("FHA") of the United States Department of Housing and Urban Development
("HUD") as further described in the Official Statement (as defined below)
and to fund a reserve fund. The bonds are expected to be remarketed on
the First Fixed Purchase Date (as defined in the Indenture) pursuant to a
Remarketing Agreement dated as of August 1, 1988, between the Trustee,
the Company, the City and Piper, Jaffray & Hopwood Incorporated (the
"Remarketing Agreement").
9. This Council, by action taken on February 11, 1985, gave preliminary
approval to a proposal to finance a project substantially the same as the
Project. On or about December 6, 1985, the Minnesota Housing Finance
Agency gave approval to the proposed financing program for the Project.
The findings of the City Council of the City made in the Preliminary Resolu-
tion for the Prior Bonds with respect to the Project and in the Prior
Authorizing resolution for the Prior Bonds are hereby satisfied, affirmed
and approved.
10. Forms of the following documents relating to the bonds have been
submitted for review to the City Attorney and to the City Council for
approval:
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(a) the Loan Agreement
(b) the Indenture
(c) the Amended and Restated Regulatory Agreement
(d) the Amended and Restated Declaration (not executed by the Gity)
(e) the Bond purchase Agreement
(f) the Remarketing Agreement
11. 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 financing program for
the Project is, and the effect thereof will be, to promote the
public welfare by the acquisition, construction, installation and
equipping of a rental housing facility for assisting persons of low
and moderate income within the City to obtain decent, safe and sani-
tary housing at rentals they can afford;
(c) the Project is to be located within the City limits, at a
site which is easily accessible to persons residing within the City
and the surrounding communities;
(d) the acquisition, construction and installation of the
Project, the issuance and sale of the Bonds, the execution and
sale of the bonds, the execution and delivery by the City of the
Loan Agreement, the Indenture, the Amended and Restated Regulatory
Agreement, the Bond Purchase Agreement and the Remarketing Agree-
ment (collectively, the "Agreements"), and the performance of all
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 o£ Minnesota to make the Agreements and the
Bonds valid and binding obligations of the City in accordance with
their terms, are authorized by the Act;
(e) 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, the Amended and Restated Regulatory
Agreement and the Amended and Restated. Declaration (which terms and
conditions the City determines to be necessary, desirable and proper),
to acquire, construct and install the Project by such means as shall
be available to the Company and in the manner determined by the Com-
pany, and with or without advertisement for bids as required for the
acquisition and installation o£ municipal facilities;
(f) it is desirable that the Bonds be issued by the City upon
the terms set forth in the Indenture;
(g) the Basic Payments under the Loan Agreement are fixed to
produce revenues sufficient to provide for the prompt payment o£
principal of, premium, if any, interest on, and the purchase price
of, the Bonds issued under the Indenture when due, and the Loan
Agreement, Amended and Restated Regulatory Agreement, Amended and
- 14 - 8/8
Restated Declaration and Indenture also provide that the Company
is required to pay all expenses of the operation and maintenance
of the Project, including, but without limitation, adequate in-
surance 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 (as defined in the Indenture) and payable during
the term of the Loan Agreement, Amended and Restated Regulatory
Agreement, Amended and Restated Declaration and Indenture; and
(h) under the provisions of Minnesota Statutes, Section 46X.07,
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 reve-
Hues 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 thereon, or to enforce pay-
ment 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 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 Trustee under the Indenture; 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 reve-
Hues pledged to the payment thereof; and the Bonds shall not consti-
t~te a debt of the City or its political subdivision within the
meaning of any constitutional or statutory limitation.
12. Subject to the approval of the City Attorney and the provisions of para-
. graph 16 hereof, the forms of the Agreements and exhibits thereto and all other
documents described in paragraph 10 hereof are approved substantially in the form
submitted and on file in the office of the City Manager, with such subsequent
changes as may be approved by the City and the City Attorney. 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 herein described shall be executed by
the appropriate City officers. Copies of all of the documents necessary to the
transaction herein described shall be delivered, filed and recorded as provided
herein and in the Loan Agreement and Indenture.
13. The City hereby authorizes the use and circulation by the Bond Purchaser
of the Official Statement in connection with the offer and sale of the Bonds.
The City. has not prepared nor made any independent investigation of the informa-
tion contained in the Official Statement and takes no responsibility for such
information.
14. The City shall proceed forthwith to issue its Bonds, in the form and upon
the terms set forth in the Indenture and this Resolution. Prior to the Mandatory
Purchase Date, the Bonds shall mature on the dates, and shall bear interest at
the rates, as set forth below:
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Principal Interest
Maturity Date Amount Rate
$ Term Bonds at 9 per annum until August 1, 1998
Final Maturity: August 1, 2029
From and after the Mandatory Purchase Date, the Bonds shall mature on
the dates and shall bear interest at the rates as set forth in the
Indenture. The offer of the Bond Purchaser to purchase the Bonds at
par (1009 of their principal amount) plus accrued interest to the date
of delivery at the interest rates specified in the Indenture 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.
15. The Mayor and City Clerk and other appropriate officers of the
City are authorized and directed to prepare and furnish to the Bond
Purchaser certified copies of all proceedings and records of the City
relating to the Bonds, and such other affidavits and certificates as
maybe 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 certi-
fied copies, certificates and affidavits, including any heretofore
furnished, shall constitute representations of the City as to the truth
of all statements contained therein.
16. The approval hereby given to the Agreements and the various other
documents referred to in paragraphs 10 and 12 above includes approval of
(a) 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, the City
Attorney and the City officials authorized herein to execute said documents
prior to their execution and (b) such additional documents, agreements or
certificates as may be necessary and appropriate in connection with the
Agreements and with the issuance and sale of the Bonds and approved by
Bond Counsel, the City Attorney and City officials authorized herein to
execute said documents prior to their execution; and said City Attorney
and City officials are hereby authorized to approve said changes or addi-
tional documents, agreements or certificates on behalf of the City. The
execution of any instrument by the appropriate officer or officers of the
City herein authorized shall be conclusive evidence of the approval of
such documents in accordance with the terms thereof and hereof. In the
absence (or inability) of the Mayor or City Clerk, any of the documents
authorized by this resolution to be executed by them may be executed by
the Acting Mayor or the Acting City Clerk, respectively.
17. It is understood and agreed: that the Company shall indemnify the
City against all liabilities, losses, damages, costs and expenses (including
attorney's fees and expenses incurred by the City) arisin with res ect to
g P
the Project or the Bonds, as provided for and agreed to by and between the
Company and the City in the Loan agreement and the Bond Purchase Agreement.
Seconded by Councilmember Bastian. Ayes - all.
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2. Revenue Note Amendment: Maplewood Dental Specialist
a. Mary Ippel, attorney for Briggs and Morgan, Bonding Consultant, explained
the request.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88-8- 128
AUTHORIZING THE EXECUTION AND DELIVER OF
AMENDMENT TO COMMERCIAL DEVELOPMENT REVENUE NOTE
RELATING TO THE $800,00 COMMERCIAL DEVELOPMENT
REVENUE NOTE OF 1982
(MAPLEW00D DENTAL SPECIALISTS PROJECT)
WHEREAS, the City issued its $800,000 Commercial Development Revenue
Bond (Maplewood Dental Specialists Project) dated January 17, 1982 (the
"Note") to provide financing for a project undertaken by Maplewood Dental
Specialists, a Minnesota general partnership (the "Company") consisting of
the acquisition, construction and equipping of a dental clinic located in
the City (the "Project"). The proceeds of the Bond were loaned to the
Company pursuant to a Loan Agreement dated January 17, 1982, between the
City and the Company (the "Loan Agreement"). The Note was purchased by
First State Bank of Saint Paul, now known as First Bank Minnesota, National
Association (the "Bank"). Pursuant to a Pledge Agreement dated January 17,
1982, the City assigned the Loan Agreement to the Bank. The obligations
of the Company under the Loan Agreement, including the obligation to repay
the Note, have been secured by a Statutory Mortgage, Assignment of Leases
and Rents, Security Agreement and Fixture Financing Statement dated January
17, 1982, and a Guaranty of Specific Indebtedness by the partners in the
Company dated January 17, 1982; and
WHEREAS, the Bank and the Company have agreed to amend certain of the
terms of repayment of the Note to provide for more uniform debt service
repayments than originally contemplated by the Note as set forth in the
Amendment to Commercial Development Revenue Note which has been submitted
to the Council for approval (the "Amendment").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD:
1. The City shall proceed forthwith to execute the Amendment to
Note in the form and upon the terms set forth. The Mayor and City Clerk
are authorized and directed to execute the Amendment and deliver it to the
Bank.
2. The Mayor and City Clerk and other officers of the City are
authorized and directed to prepare and furnish to the Bank certified
copies of all proceedings and records of the City relating to the Note
and such other affidavits and certificates as may be required to show
the facts relating to the legality of the Amendment as such facts appear
from the books and records in the officer's custody and control, or as
otherwise known to them.
- 17 - 8/8
3. The approval hereby given to the Amendment and other 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 appro-
priate and approved by the City Attorney and the City officials authorized
herein to execute said documents prior to their execution; and said City
officials are authorized to approve said changes on behalf of the City.
The execution of any instrument by the appropriate officer or officers of
the City herein authorized shall be conclusive evidence of the approval of
such documents in accordance with the terms hereof. In the absence of the
Mayor or Clerk, any of the documents authorized by this Resolution to be
executed may be executed by such other officer o£ the City as in the opinion
of the City Attorney may properly execute such documents.
Seconded by Councilmember Anderson. Ayes - all.
3, Code Amendment: BC (M) District (Auto Service Center)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. The following area residents voiced their opinions in favor of the
proposal:
Bill Engleman, representing Ernest Radatz, owner of the property in
question.
Mr. Palmer, 2081 5th Street, White Bear Lake, Minnesota
Robert Heinbush, 2847 White Bear Avenue
Bob Anderson.
Don Schoenberger, representing his mother, Esther Schoenberger, 2811
White Bear Avenue
Don Smith, 1976 Radatz
d. Mayor Greavu moved first reading of an ordinance amending the BC (M)
zoning district to allow an auto service center as a conditional use.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker
Nay - Councilmember Bastian
4. Revocation of Liquor License
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to establish a public hearing date of August
1, 1988, at 5:00 P.M. regarding the question of revocation of Robert Hatton's
~dba, Maplewood Bowl) On-Sale Intoxicating Liquor License.
Seconded by Councilmember Bastian. Ayes - all.
- 18 - 8/9
_ - _ _
5. Insurance for Early Retirees - Clarification of Policy
a. Manager McGuire stated that current City policy allows retirees, that
have a minimum of 20 years of service with Maplewood and who are at least
55 years old, to participate in the City's group helath and. dental insur-
ance plans at the retiree's cost, until Medicare is available. Recently,
a retiree who has exercised the option to continue in the City's group
health plan, became eligible for Medicare. It needs to be determined whether
his wife can remain in the .City's group health plan until she is eligible
for Medicare. If not allowed to continue, she would have to convert to a
non-group insurance plan.
For financial and insurance reasons, it is recommended that this individual
be required to convert to a non-group insurance plan.
b. Councilmember Bastian moved to deny the request.
Seconded by Councilmember Juker. Ayes - Councilmembers Bastian and
Juker.
Nays - Mayor Greavu, Councilmember
Anderson.
c. Councilmember Bastian moved to table.
Seconded by Councilmember Anderson. Ayes - all.
6. Purchase of Land - Harvest Park Expansion
a. P4anager McGuire presented the Staff report.
b. Councilmember anderson moved to authorize the purchase of the property at
2511 Barclay for $42,500 with the funds appropriated from the Commercial PAC
Account.
Seconded by Mayor Greavu. Ayes - all.
7. Frost Avenue - No Parking
a. Manager McGuire presented the Staff report.
b. Councilmember Juker moved to authorize Staff to contact Ramsey County
and request that they restrict parking to no closer than 30 feet from the
crosswalk west of the interesection of Prosperity Road on both the north
and south sides of Frost Avenue.
Seconded by Councilmember Anderson. Ayes - all.
8. Southlawn, Beam to County Road D
a. Approve Plans
b. No Parking Resolution
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1. Manager McGuire presented the Staff reports.
2, Mayor Greavu introduced the following resolution and moved its
adoption•
88-8-129
WHEREAS, pursuant to resolution. passed by the City Council, plans
and specifications for Southlawn Avenue, Beam to County Road D,
j Project 85-17, have been prepared under the direction of the City.
Engineer, who has presented such plans and specifications to the
Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEW00D, MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and
ordered placed on file in the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the CONSTRUCTION BULLETIN an advertise-
: ment for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall
be published twice, at least ten days before the date set
for bid opening, shall specify the work to be done, shall
state that bids will be publicly opened and considered by
the Council at 9:00 A.M., on the 16th day of September, 1988,
at the City Hall and that no bids shall be considered unless
sealed and filed with the Clerk and accompanied by a certified
check or bid bond, payable to the City of Maplewood, Minne-
sota, for five percent of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received
at the time and place herein noted, and to tabulate the
bids received.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker
Nay - Councilmember Bastian
3. Councilmember Anderson introduced the following resolution and
moved its adoption:
88-8-130
WHEREAS, the City of Maplewood has planned the construction of
Southlawn Avenue from Beam Avenue to County Road D; and
WHEREAS, the City will be expending municipal state aid funds
(MSA Project No. 138-117-01) on the improvement of said street; and
- 20 - 8/8
WHEREAS, said improvement does not conform to the approved mini-
mum width standards with unrestricted parking; and
WHEREAS, approval of the proposed construction as a municipal
state aid project is dependent on specified parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood
prohibits the parking of motor vehicles on the both sides of proposed
Southlawn Avenue from Beam Avenue to County Road D.
Seconded by Mayor Greavu. Ayes - all.
9. Approve Plans, Cope Avenue Project 85-26
a. Manager McGuire presented the Staff Report.
b. Mayor Greavu introduced the following resolution and moved its adoption•
88-8-131
WHEREAS, pursuant to resolution passed by the City Council on
June 27, 1988, plans and specifications for Cope Avenue, Craig to
Ariel, Project 85-26, have been prepared by the City Engineer, who
has presented such plans and specifications to the Council for
approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and or-
dered placed on file in the office of the City Clerk•
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the CONSTRUCTION BULLETIN an advertise-
. ment for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall
be published twice, at least ten days before the date set for
bid opening, shall specify the work to be done, shall state
that bids will be publicly opened and considered by the Council
at 9:00 A.M., on the 2nd day of September, 1988, at the City
Hall and that no bids shall be considered unless sealed and
filed with the Clerk and accompanied by a certified check of
bid bond, payable to the City of Maplewood, Minnesota, for
five percent of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received
at the time and place herein noted, and to tabulate the bids
received.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nay - Councilmember Bastian.
- 21 - 8/8
10, County Road C Overlay
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to authorize an expenditure of up to $18,000 from
the unappropriated fund balance of the Street Construction State Aid Fund
to finance the City's share of the County Road C overlay program.
Seconded by Councilmember Juker. Ayes - all.
11. Rice Street Sanitary Sewer
a. Manager McGuire presented the Staff report.
b. Bob Schroeder, 2080 Rice Street, Spoke on behalf of his request.
c. Councilmember Bastian moved to approve the concept of constructing the
Rice Street sanitary sewer along an easement through private property and
that this profit be treated like a developer's project with an agreement to
insure compliance with City standards.
Seconded by Councilmember Anderson. Ayes - all.
12. Sewer Fund Appropriation
a. Manager McGuire stated at the last City Council Meeting a sanitary sewer
agreement with Menards was approved. The report erroneously requested the
funding for City cost be from the sanitary sewer fund contingency account.
The contingency account is not sufficient to cover the cost. It is now
proposed to finance the agreement with funds from the unappropriated fund
balance of the sanitary sewer fund.
b. Mayor Greavu moved to authorize funds not to exceed $65,000 from the
sanitary sewer £und unappropriated balance to cover the cost associated
with the Menards' Agreement.
Seconded by Councilmember Bastian. Ayes - all.
J. VISITOR PRESENTATIONS
None.
K, COUNCIL PRESENTATIONS
1. Dutch Elm Disease
a. Councilmember Anderson questioned if there were any programs available
for Duth Elm Disease.
b. Staff stated there wasn't any current programs.
2. Four-Way Stop Sign - Maryland and Ferndale
a. Councilmember Anderson stated he had received a petition from the area
residents requesting a four-way stop sign at Maryland and Ferndale.
b. Staff will review the petition.
- 22 - 8/8
_ _
3. Maple Hills Office Park
a. Councilmember Juker stated the Maple Hills Office Park should be
complemented on the beautiful way they have kept thir building and land.
b. The Manager will send an appropriate letter.
4. Community Newspaper
a. Councilmember Juker questioned what the costs would be for a community
newsletter.
b. Councilmember Anderson moved to refer the matter to staff.
Seconded by Councilmember Juker. Ayes - all.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
9:17 P.M.
City Clerk
23 - 8J8