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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 - 2 - 8/8 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 - 3 - 8/8 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. - 4 - 8/8 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: - 5 - 8/8 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. - 6 - 8/8 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. - 7 - 8/8 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: - 8 - 8/8 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. - 9 - 8/8 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. - 10 - 8/8 _ 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: - 13 - 8/8 (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: - 15 - 8/g 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. - 16 - 8/g 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 - 19 - 8/g 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