HomeMy WebLinkAbout05.18.89 and 05.22.89 i
MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, May 18, 1989
and
7:00 P.M., Monday, May 22, 1989
Council Chambers, Municipal Building
Meeting No. 69-12
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 4:30 P.M., by Mayor Greavu.
B. ROLL CALL
John 0. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Couneilmember Present
George F. Rossbach, Councilmember Arrived at 4:42 P.M.
C. APPROVAL OF MINUTES
1. Meeting No. 89-1 (January 9, 1989)
Councilmember Anderson moved to aoorove the Minutes of
Meetinc No. 89-1 (January 9. 19891 as submitted.
Seconded by Councilmember Bastian. Ayes - all.
D. APPROVAL OF AGENDA
1. Light - White Bear Avenue and Burke
2. Cable
3. Fulk Manufacturing
4. Manager Meeting June 1
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Item E-1 to become Item H-14.
Councilmember Bastian moved, seconded by Mayor Greavu. Ayes - all,
" tg approve the Consent Acenda, Items 2 through 5 as recommended.
1. Approvalof Claims
Discussed as Item H-14.
1 5-18-89
2. Clean Up of Demolished Business
Accepted the low bid of $1,000 from Ray Anderson and
Son, order removal of the debris and assess the cost
against the property taxes. Property located at the
Northwest corner of Cope and Hazelwood.
3. Registered Land Survey: 2090 County Road D (House)
Approved the Registered Land Survey for Leslie and
i Lucille House for three parcels of property between
Lydia and County Road D ae submitted.
4. Conditional Uae Permit Renewal: Rolling Hills Second Addition
- Approved the renewal of the conditional use permit for
the Rolling Hills Second Addition for one year subject
to the original conditions of approval.
5. Conditional Use Permit Renewal: 1225 Frost Avenue (Hirsch)
Approved the renewal of the conditional use permit for
George's Auto, 1225 Frost Avenue for one year subject
to the original conditions.
Councilmember Rossbach arrived at 4:42 P.M.
F. AWARD OF BIDS
1. Individual Pressure Reducing Valves, Project 89-09.
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following
resolution and moved its adootion:
89 - 5 - 76
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the bid of Aquarius Heating &
Plumbing, Inc., in the amount of $23,234.00 is the
lowest responsible bid for the construction of
individual pressure reducing valves, City Project 89-
09, and the Mayor and Clerk are hereby authorized and
directed to enter into a contract with said bidder for
and on behalf of ,the City.
A total project budget of $30,000 is hereby appropriated.
2 5-18-89
Secanded by Councilmember Bastian. Ayes - all.
G. UNFINISHED BUSINESS
1. Final Approval of Bonds, Notes, and Developer's Agreement (Cottages
of Maplewood)
a. Manager McGuire presented the Staff report.
b. Mary ippel, Bonding Consultant, Briggs and Morgan,
presented the specifics of the proposal.
c. Councilmember Anderson introduced the followinc
resolution and moved its adoption:
89 - 5 - 77
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA, ae follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-1. Definitions.
The terms used herein, unless the context hereof
shall require otherwise shall have the following
meanings, and any other terms defined in the Loan
Agreement shall have the same meanings when used
herein as assigned to them in the Loan Agreement,
unless the context or use thereof indicates another or
different meaning or intent.
Act: the relevant provisions of Minnesota
Statutes, Chapters 462A, 462C and 475, as amended;
Bond Counsel: the firm of Briggs and Morgan,
Professional Association, of St. Paul and Minneapolis,
Minnesota, and any opinion of Bond Counsel shall be a
written opinion signed by such Counsel;
Bond Loan Agreement: the loan agreement dated
as of May 1, 1989, executed by and between the City
and the Company pursuant to which the City loans the
proceeds of the Bonds to the Company to finance a
portion of the Project Costs;
Bonds: the $2,230,000 Multifamily Housing
Revenue Bonds, Series 1989 (Cottages of Maplewood
Project - FHA Insured Mortgage Loan) issued by the
City pursuant to the indenture;
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City: the City of Maplewood, Minnesota, its
successors and assigns;
i
Code or Internal Revenue Code: the internal
Revenue Code of 1986, as amended;
Comoanv: Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership, its
successors and assigns, and any surviving, resulting
or transferee business. entity which may assume its
obligations under the Loan Agreement;
- Construction Fund: the fund established by the
City pursuant to this Resolution and into which the
proceeds of the Note will be deposited;
Credit: collectively, the Initial Credit issued
' by MidAmerica and any Replacement Credit;
Credit Agreement: the agreement of even date
herewith, by and between the Company and the Lender,
setting forth the terms under which the Lender may
draw on a Credit;
Declaration: the Declaration of Restrictive
Covenants dated as of May 1, 1989, executed by the
Company and recorded against the Project Premises;
Disburaina Agreement: the agreement to be
executed by the City, the Company and Title, relating
to the disbursement of the proceeds of the Note from
the Construction Fund to pay or reimburse the Company
for the costs of the construction and installation of
the Project;
Final Maturity Date: May 1, 1999, or such
earlier date on which the entire Principal Balance of
the Note, the accrued interest thereon and any premium
are fully paid and discharged;
Indenture: the Indenture of Trust dated as of
May 1, 1989, between the City and American National
Bank and Trust Company, in St. Paul, Minnesota,
pursuant to which the Bonds are issued;
Initial Credit: .the irrevocable standby letter
of credit issued by Mid America;
Lender• in
Minnesota, its successors and
assigns;
4 6-18-89.
Mid America: Mid America Bank Maplewood, a
state banking corporation, organized under the laws of
I the State of Minnesota;
Note: the $264,000 Multifamily Housing Revenue
Note, Series 1989 (Cottages of Maplewood Project), to
be issued by the City pursuant to this Resolution;
Note Loan Agreement: the agreement to be
executed by the City and the Company, providing for
the issuance of the Note and the loan of the proceeds
thereof to the Company, including any amendments or
supplements thereto made in accordance with its
provisions;
Note Resister: the records kept by the City
Manager to provide for the registration of transfer of
ownership of the Note;
Plans and Specifications: the plans and
specifications for the construction and installation
of the Project, together with such modifications
thereof and additions thereto as are reasonably
determined by the Company to be necessary or desirable
for the completion of the Project;
Pledae Agreement: the agreement to be executed
by the City in favor of the Lender pledging and
assigning its interests in the Loan Agreement to the
Lender;
Principal Balance: so much of the principal sum
on the Note as remains unpaid at any time;
Protect: that certain 59 unit rental apartment
facility and related improvements and equipment
(including Project Equipment) which are required by
the Loan Agreement and the Disbursing Agreement to be
constructed and installed on the Project Premises,
together with all additions to, replacements of, and
substitutions for, any of the foregoing which may be
made as permitted;
Protect Eguipment: any and all (i) fixtures or
tangible personal property now or hereafter attached
or affixed to the Project Premises, but specifically
excluding any trade fixtures owned by tenants, if any,
(ii) other tangible personal property now or hereafter
located within or used in connection with the Project
and acquired, in whole or part, from Note proceeds
(which items are generally described in Exhibit B
attached to the Loan Agreement), and (iii) any
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additions to, replacements of and substitutions for
any of the foregoing which may be permitted or
required by the Loan Agreement;
Project Premises: the real property and any
_ other easements and rights described in Exhibit A
attached to the Loan Agreement;
1 Replacement Credit: a letter of credit provided
by the Company pursuant to Section 4.07 of the Loan
Agreement to replace or supplement a prior Credit;
Resolution: this Resolution of the City adopted
I April 20, 1989, together with any supplement or
amendment thereto;
Title: Commonwealth Land Title insurance
Company;
All references in this instrument to
designated "Articles," "Sections" and other
subdivisions are to the designated Articles, Sections
and subdivisions of this instrument as originally
executed. The words "herein," "hereof" and
"hereunder" and other words of similar import refer to
this Resolution as a whole not to any particular
Article, Section or subdivision.
1-2. Leval Authorization.
The City is a political subdivision of the State of
Minnesota and is authorized under the Act, to initiate the Project
herein referred to, and to issue and sell the Note for the
purpose, in the manner and upon the terms and conditions set forth
in the Act and in this Resolution.
1-3. Findincs.
The City Council has heretofore
determined, and does hereby determine, as follows:
(1) the City is authorized by Minnesota
Statutes, Chapter 462C, as amended, to issue its
revenue note to finance, in whole or in part, the
costa of a multifamily rental housing development (the
"Project") for the public. purposes expressed in the
Act;
(2) the Issuer hoe made the necessary
arrangements with Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the
"Company"), for the acquisition, installation, and
6 5-18-89
conatruction of the Project, which will be of the
character and accomplish the purposes provided by the
Act.
(3) the Issuer has agreed to issue its
$2,230,000 Multifamily Housing Revenue Bonda,Series
1989 (Cottages of Maplewood Project - FHA Insured
Mortgage Loan) (the "Sonde") and loan the proceeds
thereto to the Company pursuant to the terms of a loan
agreement dated as of May 1, 1989 between the City and
the Company (the "Bond Loan Agreement") to finance a
portion of the costs of the acquisition, conatruction
and equipping of the Project;
(4) the Issuer has also agreed to enter into a
revenue agreement with the Company (in the form of the
Loan Agreement as hereinafter defined) which provides
for the Issuer to finance a portion of the coats of
the acquisition, conatruction and equipping of the
Project by making a loan (the "Loan") to the Company
to be funded through the issuance of a Multifamily
Housing Revenue Note, Series 1989 (Cottages of
Maplewood Project), in the aggregate principal amount
of $264,000 (the "Note");
(5) the amount estimated to be necessary to
finance the costs of the Project, including the coats
and estimated costs permitted by Section 469.157 of
the Act, in addition to the issuance of the Bonds and
other moneys to be contributed by the Company, will
require the issuance of the Note in the principal
amount of $264,000 as hereinafter provided;-
. (6) it is desirable, feasible and consistent
with the objects and purposes of the Act to issue the
Note, for the purpose of financing a portion of the
costs of the Project;
(7) under the terms of the Loan Agreement, the
Company has agreed to the repayment of the sums
borrowed pursuant thereto;
(8) in connection with the issuance of the Note
and the Bonds, the Company will enter into a
Regulatory Agreement dated as of May 1, 1989 with the
Issuer and Bond Trustee (the "Regulatory Agreement")
and will execute a Declaration of Restrictive
Covenants dated as of May 1, 1989 (the"Declaration")
relating to compliance with certain federal, state and
local requirements applicable to the Project;
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(9) to provide additional security for the
repayment of the Note, Mid America Bank Maplewood, a
state banking corporation, organized under the laws of
the State of Minnesota, has agreed to issue its
Irrevocable Standby Letter of Credit (the "Initial
Credit") to secure the payment of the principal and
interest on the Note; and
(10) the Note and the interest accruing thereon
do not constitute an indebtedness of the City within
the meaning of any constitutional or statutory
limitation and do not constitute or give rise to a
pecuniary liability or a charge against the general
credit or taxing powers of the City and neither the
full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or
interest thereon.
1-4. Authorization and Ratification of
Proiect.
The City has heretofore and does hereby
authorize the Company, in accordance with the
provisions of the Act and subject to, among other
things, the terms and conditions set forth in the
Disbursing Agreement, to provide for the construction
and installation of the Project pursuant to the Plans
and Specifications by such means as shall be available
to the Company and in the manner determined by the
Company, and without advertisement for bids as may be
required for the construction and acquisition of
municipal facilities; and the City hereby ratifies,
affirms, and approves all actions heretofore taken by
the Company consistent with and in anticipation of
such authority and in compliance with the Plans and
Specifications.
ARTICLE TWO
NOTE
2-1. Authorized Amount andFormof Note.
The Note issued pursuant to this
Resolution shall be in substantially the form set
forth herein, with such appropriate variations,
omissions and insertions as are permitted or required
by this Resolution, and in accordance with the further
provisions hereof; and the total principal amount of
the Note that may be outstanding hereunder ie
expressly limited to $264,000, unless a duplicate Note
is issued pursuant to Section 2-7. The Note shall be
in substantially the following form:
8 5-18-89
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Multifamily Housing Revenue Note, Series 1989
(Cottages of Maplewood Project)
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the "City") hereby promisee to pay_
in
Minnesota, its successors or registered
assigns (the "Lender"), from the source and in the
manner hereinafter provided, the principal sum of
AND /100 DOLLARS
or so much thereof as remains unpaid from time to
time (the "Principal Balance"), with interest at the
rate of percent ( 81 per annum, in
any coin or currency which at the time or times of
payment is legal tender for the payment of public or
private debts in the United States of America, in
accordance with the terms hereinafter set forth.
1. The principal of and interest on this
Note shall accrue and be payable ae follows:
(a). Interest. Interest on the
Principal Balance of this Note shall
accrue from and after the date of this
Note and shall be payable on February 1,
May 1, August 1 and November 1 of each
year, (each an "interest Payment Date"),
commencing on August 1, 1989.
(b) Principal. Installments of the
Principal Balance of the Note shall mature
on May 1, in the years and amounts set
forth below:
Payment Date Amount
1994 $
1995
1996
1997
1998
1999
9 5-18-89
2. Zn any event, the payments hereunder
- shall be sufficient to pay all principal and interest
_ due, as such principal and interest becomes due, and
to pay any premium or service charge, at maturity,
upon redemption, or otherwise. Interest shall be
computed on the basis of a 360 day year, but charged
for the actual number of days elapsed in a 365 day
year.
3. Principal and interest and premium, if
any, or any service charge due hereunder shall be
payable at the principal office of the Lender, or at
such other place as the Lender may designate in
writing.
4. This Note is issued by the City to
provide funds to be loaned to the Company pursuant to
a Loan Agreement dated as of May 1, 1989, by and
between the City and Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the
"Company") to assist in the financing of a rental
housing project. Use and operation of the Project.
will be subject to certain requirements and tax
covenants contained in a Regulatory Agreement dated as
of May 1, 1989, by and between, among others, the City
and the Company (the "Regulatory Agreement") and a
Declaration of Restrictive Covenants dated ae of May
1, 1989, executed by the Company (the "Declaration"),
which will be recorded as covenants running with the
land and requiring compliance with federal and state
requirements similar to those contained in the
Regulatory Agreement. This Note is further issued
pursuant to and in full compliance with the
Constitution and laws of theState of Minnesota,
particularly, Minnesota Statutes, Chapter 462C, and
pursuant to a resolution of the City Council duly
adopted on April 20, 1989 (the "Resolution").
5. Capitalized terms used. herein shall
have the following meanings and if not defined herein
shall have the same meaning given them in the Note
Resolution or Loan Agreement:
A. "Bank" means Town and Country
State Bank of Maplewood, in Maplewood,
Minnesota, or any subsequent entity,
providing a Replacement Credit;
B. "Credit" means the Initial
Credit and any Replacement Credit;
i
10 5-18-89
C. "Credit Agreement" means the
agreement by and between the Lender and
the Company, pursuant to which the terms
under which the Lender may draw on a
Credit are set forth;
D. "Initial Credit" means the
irrevocable standby letter of credit
issued by Town and Country with respect to
the Note in an amount equal to the sum of
(i) the outstanding principal amount of
the Note, and (ii) 195 days interest
thereon;
E. "Replacement Credit" means a
letter of credit issued to replace an
' existing Credit; and
F. "Town and Country" means Town
and Country State Bank of Maplewood, a
Minnesota state banking corporation;
6. This Note is secured by a Pledge
Agreement of even date herewith by the City to the
Lender (the ".Pledge Agreement") and by the Initial
Credit issued by Mid America Bank Maplewood, which
expire on The Company is
required, in accordance with the Loan Agreement, to
provide the Initial Credit or a Replacement Credit,
until the Final Maturity Date of the Note in an amount
equal to the sum of (i) the outstanding Frincipal
Balance of the Note, and (ii) at least 195 days
interest thereon. The Initial Credit or any
Replacement Credit may be replaced upon satisfaction
of the conditions therefore stated in the Loan
- Agreement. The Lender may draw on the Initial Credit
or any replacement Credit upon the terms set forth in
the Credit Agreement dated as of May 1, 1989, executed
by the Company in favor of the lender (the "Credit
Agreement"). The proceeds of the Note are to be
placed in the Construction Fund established pursuant
to the Resolution and the Disbursing Agreement
(hereinafter referred to), and the disbursement of the
proceeds of this Note from the Construction Fund is
subject to the terms and conditions of a Disbursing
Agreement of even date herewith among the City, the
Company and Commonwealth Land Title insurance Company
(the "Disbursing Agreement").
7. The City, for itself, its successors
and assigns, hereby waives demand, presentment,
protest and notice of dishonor; and to the extent
11 5-18-89
permitted by law, the Lender may extend interest
and/or principal of or any service charge or premium ,
due on this Note, including the Final Maturity Date,
all without notice to or consent of any party liable
hereon or thereon and without releasing any such party
from such liability and whether or not ae a result
thereof the interest on the Note ie no longer exempt
- from the federal income tax. In no event, however,
may the Final Maturity Date be extendedbeyond thirty
(30) years from the date hereof.
8. This Note may not be prepaid prior to
May 1, 1993. Beginning on May 1, 1993, this Note may
be prepaid in whole, but not in part, on May 1, 1993
upon payment of a premium of two percent (28). The
premium for prepayment shall decrease one percent (18)
on each May 1 thereafter. Beginning with May 1, 1995,
this Note may be prepaid in whole but not in part,
without premium.
- 9. This Note is also subject to
prepayment, without premium, to the extent that there
are any surplus sums held in the Construction Fund as
provided under Section 6 of the Disbursing Agreement.
10. In the event of prepayment of this
Note, the Lender shall apply any such prepayment
against the applicable prepayment premium, if any,
then against the accrued interest on the Principal
Balance and finally against the final principal
amounts due under the Note. The monthly .payments due
under paragraph 1 hereof, shall continue to be due and
payable in full until the entire Principal Balance and
accrued interest on this Note have been paid
regardless of any partial prepayment made hereunder.
11. Ae provided in the Resolution and
subject to certain limitations set forth therein, this
Note is only transferable upon the books of the City
at the office of the Manager, by the Lender in person
or by his agent duly authorized in writing, at the
Lender's expense, upon surrender hereof together with
a written instrument of transfer satisfactory to the
Manager, duly executed by the Lender or its duly
authorized agent. Upon such transfer the Manager will
note the date of registration and the name and address
of the new registered Owner in the registration blank
appearing below. The City may deem and treat the
person in whose name the Note is last registered upon
the books of the City with such registration noted on
the Note, ae the absolute owner hereof, whether or not
overdue, for the purpose of receiving payment of or on
12 5-18-89
the account, of the Principal Balance, redemption
price or interest and for all other purposes, and all
such payments so made to the Lender or upon hie order
shall be valid and effective to satisfy and discharge
the liability upon the Note to the extent of the sum
or sums so paid, and the City shall not be affected by
any notice to the contrary.
12. All of the agreements, conditions,
covenants, provisions and stipulations contained in
the Resolution, the Loan Agreement, the Pledge
Agreement, the Credit Agreement, the Regulatory
Agreement, the Declaration and the Disbursing
Agreement are hereby made a part of this Note to the
same extent and with the same force and effect as if
they were fully set forth herein.
' 13. This Note and interest thereon and
any service charge or premium due hereunder are
payable solely form the revenues and proceeds derived
from the Loan Agreement and Credit Agreement, and do
not constitute a debt of the City within the meaning
of any constitutional or statutory limitation,m are
not payable from or a charge upon any funds other than
the revenues and proceeds pledged to the payment
thereof, and do not give rise to a pecuniary liability
of the City or, to the extent permitted by law, of any
of its officers, agents or employees, and no holder of
- this Note shall ever have the right to compel any
exercise of the taxing power of the City to pay this
Note or the interest thereon, or to enforce payment
thereof against any property of the City, 'and this
Note does not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of
the City, and the agreement of the City to perform or
cause the performance of the covenants and other
provisions herein referred to shall be subject at all
times to the availability of revenues or other funds
furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such
performance or the enforcement thereof.
14. It is agreed that time is of the
essence of this Note. If an Event of Default (as that
term is defined in-the Loan Agreement) shall occur,
when the Lender shall have the right and option to
declare, without prior notice of any kind, the
Principal Balance and accrued interest thereon,
immediately due and payable, whereupon the same, plus
any premiums or service charges, shall be due and
payable, but solely from sums made available under the
Loan Agreement, the Credit Agreement and the
13 5-18-89
i
Disbursing Agreement. Failure to exercise such option
at any time shall not constitute a waiver of the right
to exercise the same at any subsequent time.
15. The remedies of the Lender, as
provided herein and in the Credit Agreement, the Loan
Agreement, the Pledge Agreement and the Disbursing
Agreement, are not exclusive and shall be cumulative
and concurrent and may be pursued singly, successively
or together, at the sole discretion of the Lender, and
may be exercise as often as occasion therefor shall
occur; and the failure to exercise any such right or
remedy shall in no event be construed as a waiver or
release thereof.
16. The Lender shall not be deemed, by
any act of omission or commission, to have waived any
of its rights or remedies hereunder unless such waiver
is in writing and signed by the Lender and, then only
to the extent specifically set forth in the writing.
A waiver with reference to one event shall not be
construed as continuing or as a bar to or waiver of
any right or remedy as to a subsequent event.
17. This Note has been issued without
registration under state or federal or other
securities laws, pursuant to an exemption for such
issuance; and accordingly the Note may not be assigned
or transferred in whole or part, nor may a
participation interest in the Note be given pursuant
to any participation agreement, except in, accordance
with an applicable exemption from such registration
requirements.
18. It is recognized that the obligations
of the Company are non-recourse obligations to the
extent provided in Section 6.08 of the Loan Agreement.
IT IS HEREBY CERTIFIED AND RECITED that
all conditions, acts and things required to exist,
happen and be performed precedent to or in the
issuance of this Note do exiat,.have happened and have
been performed in regular and due form as required by
law.
IN WITNESS WHEREOF, the City has caused
this Note to be duly executed in its name by the
manual signatures of the Mayor and Manager and has
caused the corporate seal to be affixed hereto, and
has caused this Note to be dated May 1, 1989.
CITY OF MAPLEWOOD, MINNESOTA
14 5-18-89
Mayor
Attest•
Manager
(SEAL)
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal
Balance of this Note and the interest accruing thereon
is registered on the books of the City of Maplewood in
the name of the holder last noted below.
Date of Name and Addreae Signature of
Reaistrat ion Registered Owner Manager
. 1989
2-2. The Initial Note.
The Note shall be dated as of the date of
delivery, shall be payable at the times and in the
manner, shall bear interest at the rate, and shall be
subject to such other terms and conditions as are set
forth therein.
2-3. Execution.
The Note shall be executed on behalf of
the City by the signatures of its Mayor and Manager
and shall be sealed with the seal of the City. In
case any officer whose signature shall appear on the
Note shall cease to be such officer before the
delivery of the Note, such aignatureshall
nevertheless be valid and sufficient for all purposes,
the same as if had remained in office until delivery.
In the event of the absence or disability of Mayor or
the Manager such officers of the City as, in the
opinion of the City Attorney, may act in their behalf,
15 5-18-89
shall without further act or authorization of the City
Council execute and deliver the Note.
2-4. Delivery of Initial Note.
Before delivery of the Note there shall be
filed with the Lender (except to the extent waived by
the Lender) the following items:
(1) an executed copy of each of the following documents:
(A) the Loan Agreement;
(B) the Pledge Agreement;
(C) the initial Credit;
(D) the Credit Agreement;
(E) the Disbursing Agreement;
(F) the Regulatory Agreement;
(G) the Declaration;
(2) an opinion of Council for the Company as prescribed by
Bond Counsel;
(3) the opinion of Bond Counsel as to the
validity and tax exempt status of the Note;
(4) such other documents and opinions as.BOnd
Counsel may reasonably require for purposes of
rendering its opinion required in subsection (3) above
or that the Lender may reasonably require for the
closing.
2-5. Disposition of Note Proceeds.
(1) There is hereby established a
Construction Fund to be held by Title as a separate
account of the City as provided in the Disbursing
Agreement. Upon delivery of the Note to Lender, the
proceeds of theNOte shall be credited to the
Construction Fund held by Title on behalf of the City,
at which time the entire principal amount of the Note
shall be deemed advanced, and Title shall, on behalf
of the City, disburse funds from the Construction Fund
for payment of Project Costs upon receipt of each
supporting documentation as Title may deem reasonably
necessary, including compliance with the provisions of
the Disbursing Agreement. Title or the Company shall
16 5-18-89
provide the City with a full accounting of all funds
disbursed for Project Costs.
(2) Ariy surplus in the Construction Fund
shall be applied towards the prepayment of the Note as
provided in the Disbursing Agreement and shall not be
invested to produce a yield greater than the yield on
the Note, as required by Internal Revenue Service
Revenue Procedure 79-5, Revenue Procedure 81-22 and 26
CFR 601.201 (and any subsequent amendments,
modifications or replacements thereof); provided that,
if the Lender receives an opinion of Bond Counsel that
the exemption from federal income taxation of interest
on the Notes will not be jeopardized, the surplus
funds may be invested at a yield greater than the
yield on the Note.
2-6. Registration of Transfer.
The City will cause to be kept at the
office of the Manager a Note Register in which,
subject to such reasonable regulations as it may
prescribe, the City shall provide for the registration
- of transfers ofownerahip of the Note. The Note shall
be initially registered in the name of the Lender and
shall be transferable upon the Note Register by the
Lender in person or by its agent duly authorized in
writing, upon surrender of the Note together with a
written instrument of transfer satisfactory to the
Manager, duly executed by the Lender or its duly
authorized agent. The following form of assignment
shall be sufficient for said purpose.
For value received hereby
sells, assigns and transfers unto the within Note of
the City of Maplewood, Minnesota, and does hereby
irrevocable constitute and appoint
attorney to transfer said Note on the books of said
City with full power of substitution in the premises.
The undersigned certificates that the transfer be made
in accordance with the provisions of Section 2-9.
Dated:
Registered Owner
Upon such transfer the Manager shall note the date of
registration and the name and address of the new
Lender in the Note Register and in the registration
blank appearing on the Note.
- 17 5-18-89
2-7. Mutilated, Lost or Destroved Note.
in case any Note issued hereunder shall -
become mutilated or be destroyed or lost, the City
shall, if not then prohibited by law, cause to be
executed and delivered, a new Note of like outstanding
principal amount, number and tenor in exchange and
substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for
such Note destroyed or lost, upon the Lender's paying
the reasonable expenses and charges of the-City in
connection therewith, and in the case of a Note
destroyed or lost, the filing with the City of
evidence satisfactory to the City with indemnity
satisfactory to it. If the mutilated, destroyed ror
lost Note has already matured or been called for
redemption in accordance with its terms, it shall not
' be necessary to issue a new Note prior to payment.
2-8. Ownerahio ofNote.
The City may deem and treat the person in
whose name the Note ie last registered in the Note
Register and by notation on the Note whether or not
such Note shall be overdue, as the absolute owner of
such Note for the purpose of receiving payment of or
on account of the Principal Balance, redemption price
or interest and for all other purposes whatsoever, and
the City shall not be affected by any notice to the
contrary.
2-9. Limitation on Note Transfers.
The Note has been issued without registration
under state or other securities laws, pursuant to an
exemption for such issuance; and accordingly, the Note
may not be assigned or transferred in whole or part,
nor may a participation interest in the Note be given
pursuant to any participation agreement, except in
accordance with an applicable exemption from such
registration requirements.
2-10. Issuance of New Notes.
Subject tothe provisions of Section 2-9,
the City shall, at the request and expense of the
Lender, issue a new note, in aggregate outstanding
principal amount equal to that of the Note
surrendered, and of like tenor except as to principal
amount and registered in the name of the Lender or
such transferee as may be designated by the Lender.
18 5-18-89
ARTICLE THREE
GENERAL COVENANTS
3-1. Payment of Principal and Interest.
The City covenants that it will promptly
pay or cause to be paid the principal of and interest
on the Note at the place, on the dates, solely from
the source and in the manner provided herein and in
the Note. The principal and interest are payable
solely from and secured by revenues and proceeds
derived from the Loan Agreement, the Pledge Agreement,
the Credit Agreement and the Disbursing Agreement,
which revenues and proceeds are hereby specifically
pledged to the payment thereof in the manner and to
the extent specified in the Note, the Loan Agreement,
' the Pledge Agreement, the Disbursing Agreement and the
Credit Agreement; and nothing in the Note or in this
Resolution shall be considered as assigning, pledging
or otherwise encumbering any other funds or assets of
the City.
3-2. Performance of and Authority for Covenants.
The City covenants that it will faithfully
perform at all times any and all covenants,
undertakings, stipulations and provisions contained in
this Resolution, in the Note executed, authenticated
and delivered hereunder and in all proceedings of the
City Council pertaining thereto; that it is duly
authorized under the Constitution and laws of the
State of Minnesota including particularly and without
limitation the Act, to iasuethe Note authorized
hereby, pledge the revenues and assign the Loan
Agreement in the manner and to the extent set forth in
this Resolution, the Note, the Loan Agreement and the
Pledge Agreement; that all action on its part for the
issuance of the Note and for the execution and
delivery thereof has been duly effectively taken; and
that the Note in the hands of the Lender is and will
be a valid and enforceable special limited obligation
of the City according to the terms thereof.
3-3. Enforcement and Performance of Covenants.
The City agrees to enforce all covenants
and obligations of the Company under the Loan
Agreement and Disbursing Agreement, upon request of
the Lender and being indemnified to the satisfaction
of the Authority for all expenses and claims arising
therefrom, and to perform all covenants and other
19 5-18-89
provisions pertaining to the City contained in the
Note, the Loan Agreement and the Disbursing Agreement,
subject to the provisions of Section 3-4 hereof.
3-4. Nature of Security.
Notwithstanding anything contained in the
Note, the Credit Agreement, the Disbursing Agreement,
the Loan Agreement, the Pledge Agreement or any other
document referred to in Section 2-4 to the contrary,
under the provisions of the Act, the Note may not be
payable from or be a charge upon any funds of the City
other than the revenues and proceeds pledged to the
payment thereof; nor shall the City be subject to any
liability thereon, nor shall the Note otherwise
contribute or give rise to a pecuniary liability of
the City or, to the extent permitted by law, any of
> the City•s officers, employees and agents. No holder
of the Note shall ever have the right to compel any
exercise of the taxing power of the City to pay the
Note or the interest thereon, or to enforce payment
thereof against any property of the City other than
the revenues pledged under the Pledge Agreement; and
the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of
the City; and the Note shall not constitute a debt of
the City within the meaning of any constitutional or
statutory limitation; but nothing in the Act impairs
the rights of the Lender to enforce the covenants made
for the security thereof as provided in this
Resolution, the Loan Agreement, the Pledge Agreement,
the Credit Agreement, the Disbursing Agreement and in
the Act, and by authority of the Act the City has made
the covenants and agreements herein for the benefit of
the Lender;l provided that in anyevent, the agreement
of the City to perform or enforce the covenants and
other provisions contained in the Note, the Loan
Agreement, the Pledge Agreement and the Disbursing
Agreement, shall be subject at all times to the
availability of revenues under the Loan Agreement
sufficient to pay all costa of such performance or the
enforcement thereof, and the City shall not be subject
to any personal or pecuniary liability thereon.
3-5. Preservation of Tax Exemnt Status of the Note.
(1) In order to preserve the tax exempt
status of the Note, the City covenants that it shall
take such actions ae are required and 'within its
reasonable control to prevent the interest on the Note
from becoming taxable for federal income tax purposes
for the owners thereof (other than any owner who is a
20 5-18-89
"substantial user" or "related person thereto" within
the meaning of Section 148 of the Code) including but
not limited to taking all actions-required of it under.
Section 146 of the Code. To this end, the City shall:
(A) cause the Company to maintain records
identifying all "gross Proceeds" attributable to the
Note, the yield at which such gross proceeds are
invested, any arbitrage profit derived therefrom, and
any earnings derived from the investment of such
arbitrage profit;
(B) make and maintain on file all annual
determinations of the amount, if any, of excess
arbitrage required to be rebated to the United States;
(C) rebate to the United States at lease
> once every five years the amount, if any, which is
required to be rebated to the United States, including
the last installment which shall be made no later than
60 days after the day on which the Note is paid in
full;
(D) not invest "gross proceeds" in any
acquired nonpurpoee obligations eo ae to deflect
arbitrage otherwise payable to the United States ae a
"prohibited payment" to a third party;
(E) refrain from investing any "gross
Proceeds" allocable to the Note in acquired nonpurpoee
obligations at a yield in excess of the yield on the
Note to the extent such gross proceeds exceed in any
calendar year more than 150 of the debt service
requirements for the Note in that calendar year; and
(F) retain on file all records of the
annual determination of the rebate amount until six
(6) yearn after the retirement of the Note.
ARTICLE FOUR
MISCELLANEOUS
4-1. Severability.
If any provision of this Resolution shall
be held or deemed to be or shall, in fact, be
inoperative or unenforceable ae applied in any
particular case in any jurisdiction or jurisdictions
or in all jurisdictions or in all cases because it
conflicts with any provisions of any constitution or
statute or rule or public policy, or for any other
21 5-18-89
reason, ouch circumstances shall not have the effect
of rendering the provision in question inoperative or
unenforceable in any other case or circumstance, or of
rendering any other provision or provisions herein
contained invalid,. inoperative, or unenforceable to
any extent whatever. The invalidity of any one or
more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining
portions of this Resolution or any part thereof.
4-2. Authentication of Tranacriot
The officers of the City are directed to
furnish to Hond Counsel certified copies of this
Resolution and all documents referred to herein, and
affidavits or certificates as to all other matters
which are reasonably necessary to evidence the
validity of the Note. All such certified copies,
certificates and affidavit e, including any heretofore
furnished, shall constitute recitals of the City as to
the correctness of all statements contained therein.
4-3. Reoietration of Resolution.
The City Manager ie authorized and
directed to cause a copy of this Resolution to be
filed with the County Auditor of Ramsey County, and to
obtain from said County Auditor a certificate that the
Note as a bond of the City has been duly entered upon
his bond register.
4-4. Authorization to Execufe Agreements
The forme of the proposed loan Agreement, the Pledge
Agreement and the Disbursing Agreement, are hereby approved in
substantially the form heretofore presented to the City Council,
together with such additional details therein as may be necessary
and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and
appropriate and approved by Bond counsel prior to the execution of
the documents, and the mayor and Manager of the City are
authorized to execute the Loan Agreement, the Pledge Agreement and
the Disbursing Agreement in the name of and on behalf of the City
and such other documents ae Bond Counsel consider appropriate in
connection with the issuance of the Note. In the event of the
absence or disability of the Mayor or the Manager such officers of
the City ae, in the opinion of the City Attorney, may act in their
behalf, shall without further act or authorization of the City
Council do all things and execute all instruments and documents
required to be done or executed by such absent or disabled
officers. The execution of any instrument by the appropriate
officer or officers of the City herein authorized shall be
22 5-18-89
conclusive evidence of the approval of such documents in
accordance with the terms hereof.
Adopted: April 20, 1989
Mayor of the City of Maplewood
Attest: '
Manager
Seconded by Councilmember Roaebach. Ayes - all.
d. Councilmember Anderson introduced the followinc
resolution and moved its adootion•
' 89-5-78
RESOLUTION AUTHORIZING THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE
BONDS, SERIES 1989 TO FINANCE A PROJECT
AND PROGRAM THEREFORE AND AUTHORIZING
THE EXECUTION OF VARIOUS
DOCUMENTS IN CONNECTION THEREWITH
(COTTAGES OF MAPLEWOOD PROJECT--
FHA INSURED MORTGAGE LOAN)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, ae follows:
1. The Council has previously
received a proposal from
Cottages of Maplewood Limited Partnership, a Minnesota
limited partnership (the "Company") that the City of
Maplewood (the "City") undertake a multifamily housing
development program to finance a portion of the coats
of a certain residential rental project ae herein
described, pursuant to Minnesota Statutes, Chapter
462C (the "Act"), through the issuance by the City of
its $2,230,000 Multifamily Housing Revenue Bonds,
Series 1989 (Cottagee of Maplewood Project - FHA
insured Mortgage Loan) (the "Sonde") and in accordance
with a Bond Purchase Agreement (the "Bond Purchase
Agreement" between the City and the Company, and Juran
and Moody, Inc., (the "Bond Purchaser").
2. The Company desires to construct on certain
real estate owned by it and located in the City, a 59-
unit multifamily housing rental facility (the
"Project"). The Project will provide rental housing
to low and moderate income persons (ae described
23 5-18-89
below) and to elderly persons and will otherwise
further the policies and purposes of the Act. Public
hearings on the Project and the financing program
therefor were duly held by the City Council on
December 14, 1987 and November 14, 1988. The findings
made in the Preliminary Resolution adopted by this
City Council on December 14, 1987 with respect to the
Project, the Bonds and the Note are hereby ratified,
affirmed and approved.
3. It is proposed that, pursuant to a Loan
Agreement to be dated as of May 1, 1989, between the
City ae Lender and the Company as Borrower (the "Loan
Agreement"), the City loan the proceeds of the Bonds
to the Company to finance in part the coats of the
Project. The Basic Payments to be made by the Company
under the Loan Agreement are fixed eo 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 American
National Sank and Trust company, a national banking
association located in St. Paul, Minnesota (the
"Trustee") ae security for payment of the Bonds under
an Indenture of Trust dated ae of May 1, 1989 between
the City and the Trustee (the "Indenture").
4. The operation and occupancy of the Project
will be subject to the terms and conditions of a
Regulatory Agreement dated as of May 1, 1989, between
the City, the Trustee and the Company (the "Regulatory
Agreement") and a Declaration of Restrictive Covenants
(the "Declaration") dated as of May 1, 1989, executed
by the Company and recorded as covenants and
restrictions running with the land on which the
Project is to be located. The Bond 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 insured by the
Federal Housing Administration ("FHA") of the United
States Department of Housing and Urban Development
("HUD") ae further described in the Official Statement
(as defined below) and to fund a reserve fund.
5. The City and the Company will enter into a
Development Agreement dated as of April 1, 1989 (the
"Development Agreement") relating to certain tax
increment financing assistance to be granted by the
City to the Project.
24 5-18-89
6. This Council, by action taken on December
14, 1987, gave preliminary approval (the "Preliminary
Resolution") to the proposal for the Project and the
financing program therefor. The Minnesota Housing
Finance Agency has given approval to the proposed
financing program for the Project by issuing its
nonrejection letter under the Act. The City obtained
allocation of Bonding Authority pursuant to Chapter
474A.091 on or about November 28, 1988 and filed a
Carry-forward 8lection for such allocation on December
22, 1988 under Section 146(f) of the Internal Revenue
Code of 1986, as amended. The findings of the City
Council of the City made in the Preliminary Resolution
with respect to the Project are hereby ratified,
affirmed and approved.
7. Forma of the following documents relating to
the Bonds have been submitted for review to the City
Attorney and to the City Council for approval:
(a) the-Loan Agreement;
(b) the Indenture;
(c) the Regulatory Agreement;
(d) the Declaration (not executed by the City);
- (e) the bond Purchase Agreement;
(f) the Development Agreement; and
(g) the Preliminary Official Statement (not
executed by the City).
8. It ie 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
construction, installation and equipping of a rental
housing facility for assisting persona of low income
and elderly persona within the City to obtain decent,
safe and sanitary housing at rentals they can afford;
(c) the Project ie to be located within the
City limits, at a site which ie easily accessible to
26 5-18-89
persona residing within the City and the surrounding
communities;
(d) the construction and installation of the
Project, the issuance and sale of the Bonds, the
execution and delivery by the City of the Loan
Agreement, the Indenture, the Regulatory Agreement,
the Bond Purchase Agreement and the Development
Agreement (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 of 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 provieione of the
Act and subject to the terms and conditions set forth
in the .Loan Agreement, the Regulatory Agreement and
the Declaration (which terms and conditions the City
determines to be necessary, desirable and proper), to
construct and install the Project by such means as
shall be available to the Company and in the manner
determined by the Company, and with or without
advertisement for bids as required for the acquisition
and installation of municipal facilities;
- (f) it is desirable that the Sonde 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 of principal of, premium, if
any, interest on, and the purchase price of, the Bonds
issued under the Indenture when due, and the Loan
Agreement, Regulatory Agreement, 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 insurance thereon and insurance against all
liability for injury to persons or property arising
from the operation thereof, and all taxes and special
asseaementa levied upon or with respect to the Project
Premises (as defined in the indenture) and payable
during the term of the Loan Agreement, Regulatory
Agreement, Declaration and Indenture; and
(h) under the provieione of Minnesota Statutes,
Section 46X.07, and ae provided in the Loan Agreement
and Indenture, the Bonds are not to be payable from or
26 5-18-69
charged upon any funds other than the revenues pledged
to the payment thereof; the city ie 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 payment
thereof against any property of the City except the
interests of the City in the Loan Agreement which have
been assigned to the Trustee under the Indenture; the
Bonds shall not constitute a charge, lien. or
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 Sonde shall recite that the
Bonds are issued without moral obligation on the part
of the state of its political subdivisions, and that
the Bonds, including interest thereon, are payable
solely from the revenues pledged to the payment
thereof; and the Bonds shall not constitute a debt of
the City or its political subdivision within the
meaning of any constitutional or statutory limitation.
9. The City hereby elects to have Section
_ 142(d)(1)(B) of the InternalRevenue Code of 1986, as
amended (requiring that 40 percent or more of the
rental units in the Project be occupied by tenants
whose units in the Project be occupied by tenants
whose income ie 60 percent or leas of or a median
gross income (adjusted for family size) apply to the
Bonds.
10. Subject to the approval of the City Attorney
and the provisions of paragraph 14 hereof, the forms
of the Agreements and exhibits thereto and all other
documents described in paragraph 7 hereof are approved
substantially in the form submitted and on file in the
office of the City Manager, with such subsequent
changes ae 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 or City
Manager. 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.
11. The City hereby authorizes the use and
circulation by the Bond Purchaser of nn Official
Statement in connection with the offer and Bale of the
27 5-18-89
Bonds. The City hereby finds that the information
contained in the section of the Preliminary Official
Statement captioned "the Issuer" does not contain any
untrue statement and hereby approves in substantially
the form submitted to the City Council at this meeting
such information for inclusion in the Official
Statement; and the City hereby ratifies, confirms and
consents to the use of said section in the Official
Statement in connection with the sale of the Bonds.
The city has not prepared nor made any independent
investigation of the information contained in the
Preliminary Official Statement (other than the section
therein captioned "the Issuer") and takes no
responsibility for such information.
12. The Bonds shall bear interest at a rate or
rates, not to exceed ten percent (lOB) per annum
established by the Company, the Hond Purchaser, and
the Pricing Committee hereinafter referred to. There
is hereby appointed a Pricing Committee to which ie
hereby delegated the power and authority to agree with
the Company and Bond Purchaser on the interest rates
for each maturity. The Mayor and City Manager are
hereby appointed by the City to the Pricing Committee,
with full power and authority to bind the City,
subject to the limitations stated herein.
13. The City shall proceed forthwith to issue its
Bonds, in the form and upon the terms set forth in the
Indenture. The Bonds shall mature on the dates ae set
forth in the Indenture. The offer of the Bond
Purchaser to purchase the Bonds at
percent (_8) of their principal amount, plus
accrued interest to the date of delivery is hereby
accepted. The Mayor and City Manager 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.
14. The Mayor and City Manager 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 ae may be required to show the facts
relating to the legality of the Bonds as such facts
appear from the books and records in the officers'
custody and control or as otherwise known to them; and
all such certified copies, certificates and
affidavits, including any heretofore furnished, shall
28 5-18-89 -
constitute repreeentatione of the City as to the truth
of all statements contained therein.
15. The approval hereby given to the Agreements
and the various other documents referred to in
paragraphs 7 and 10 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 ae 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 additional 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 or
City Manager, any of the documents authorized by this
resolution to be executed by them may be executed by
the Acting Mayor or the Acting City Manager,
respectively.
16. 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)
arising with respect to the Project or the Bonds, ae
provided for and agreed to by and between the Company
and the City in the Loan Agreement and the Bond
Purchase Agreement.
Paeaed: April 20, 1989.
Mayor
Attest•
City Manager
Seconded by Councilmember Roaebach. Ayes - all.
2. Hillcrest Sanitary Sewer Project 86-22 - Revise Assessment Roll.
29 5-18-89
a. Manager McGuire presented the Staff report.
b. Councilmember Rosabach moved to revise the Hillcreat Sanitary Sewer
Proiect 86-22 Assessment Roll ae follows:
Property I.D. 24-29-22-22-00'17 be reduced to one unit - $300.00
Property I.D. 24-29-22-22-0016 be reduced to one unit - $300.00
Seconded by Mayor Greavu. Ayes - all.
3. Walter Street, Project 84-14, Review Assessment Roll
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved that the assessment for PIN 16-29-22-42-0080 remain
as vresented. (Silberbaverl
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembera Bastian and
Rosabach.
c. Mayor Greavu moved that the assessment for PIN 16-29-22-42-0013 be reduced
from S10.144.95 to S7500.00. (Johnson)
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembera
Anderson and Juker.
Nays - Councilmembera Bastian and
Rosabach.
4. Planning Commission Survey
a. Manager McGuire presented the Staff report.
b. Commissioner Lorraine Fischer presented her opinion of reducing the Planning
Commission.
c. Gary Gerke, an applicant for the Planning Commission, stated he feels
eleven members are needed.
d. Councilmember Juker moved to table this item until after meeting with
the Planning Commission and not to fill the vacancies.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembere
Anderson, Juker and Rosabach.
Nay - Councilmember Bastian.
30 5-18-89
5. Pay Equity/Comparable Worth
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to adopt the following pay schedule for the Staff
Services Coordinator effective Mav 15, 1989, with the understanding that
it be re-evaluated in two years:
5/15/89 5/15/90 5/15/91
$ 3214/Month $ 3408/Month $3612/Month
Seconded by Councilmember Rosebach. Ayes - Hayor Greavu, Councilmembere
Bastian and Rosebach
Nays - Councilmembere Anderson and
Juker.
H. NEW BUSINESS
1. 1966 Annual Financial Report and Audit
s
a. Manager McGuire presented the Staff report.
b. Council to meet with auditors at the June 22, 1989, Meeting.
2. Community Survey
a. Manager McGuire presented the Staff report.
b. Director of Parks and Recreation Odegard presented the specifics of
the survey.
c. Councilmember Anderson moved to approve the concept of a community
eurvev, and to direct staff to meet with consultants to discuss the City's
needs, and to have a consultant present to the City Council their Firm's
process for a community eurvev.
Seconded by Councilmember Rosebach. Ayes - all.
- 3. Request to Hire Public Works Administrative Assistant
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to authorize filling the position of
administrative assistant with the Public Works Department.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rosebach
Nay - Councilmember Bastian.
4. Stop Signs: Brooke and Barclay
31 5-18-89
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to authorize the placement of stop sicns in all
directions on Brooks and Barclay.
Seconded by Councilmember Rosabach. Ayes - all.
5. Keller Parkway - County Road C WaterMain, Project 88-10, Approval of Plans
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the followino resolution and moved
its adoption•
89-5-79
WHEREAS, pursuant to resolution passed by the City Council on April
_ ~ 24, 1989, plans and specifications for Keller Parkway-County Road C Water
Main, Project 88-10, 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 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 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
advertisement 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
' 23rd day of June, 1989, 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, 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 bide received
at the time and place herein noted, and to tabulate the
bids received.
Seconded by Mayor Greavu. Ayes - all.
6. Brooks Avenue Water Main, Project 88-08: Approval of Plana
32 5-18-89
a. Manager McGuire presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adontion•
89-5-80
WHEREAS, pursuant to resolution passed by the City Council on April
10, 1989, plans and specifications for Brooks Avenue Water Main, Hazelwood
Street to Germain Street, Project 88-08, 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 plane 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
advertisement 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 get 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 June, 1989, 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, 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
bide received.
Seconded by Mayor Greavu. Ayes - all.
7. Code Amendment: RE District (1st Reading)
a. Manager McGuire presented the staff report.
b. Commissioner Lorraine Fischer presented the Planning Commission
report.
c. Councilmember Roasbach moved first reading of an ordinance to correct
the lanauaae in the present code.
33 5-18-89
Seconded by Mayor Greavu. Ayes -.all.
8. Noise Ordinance
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table this item until later in the
Agenda.
Seconded by Councilmember Anderson. Ayes - all.
9. Business Clean-Up
a. Councilmember Bastian stated there should be a business clean-up with
the hazardous waste collection day.
' b. Councilmember Bastian moved to have staff investigate possible
available sites, costs, etc., for a general clean-up day and report back
to Council as soon as possible.
Seconded by Councilmember Anderson. Ayes - all.
10. Comprehensive Plan Work Session
a. Manager McGuire presented the. staff report.
b. Councilmember Juker moved to establish thedate of June 15, 1989, at
6:00 P.M. to discuss updating the Comprehensive Land Use Plan.
Seconded by Councilmember Juker. Ayes - all.
11. Ledman Vs. City of Maplewood, et al.
a. Manager McGuire presented the staff report.
b. Mayor Greavu authorized the payment of $800.00 to settle the lawsuit.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach
Councilmember Juker abstained.
12. Recreational Vehicle Permit Revocation
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins stated there have been numerous
complaints, plus a petition signed by fifteen area residents.
c. Councilmember Bastian moved to table this item until the Monday
Meeting, Mav 22. 1990.
34 5-18-89
- Seconded by Councilmember Juker. Ayee - all.
13. CSO/Paramedic: Change from Part Time to Full Time
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins explained the necessity of a full
time person.
c. Mayor Greavu moved to authorize the chance of the Dart time
CSO/Paramedic to a full time uosition and that 54,650 be transferred from
the Contincencv Fund to cover the costa.
Seconded by Councilmember Anderson. Ayes - all.
14.° Approval of Claims
a. Councilmember Juker questioned several payments.
b. Mayor Greavu moved to aoorove vavment of the followina claims:
- ACCOUNTS PAYABLE:
$ 465,256.41 Checks #722200 - #`541400
Dated 04-28-89 thru 05-12-89
S 92,581.48 Checks #10200 - ,x`970700
Dated OS-18-89
$ 557,838.00 Total per attached voucher/check register
PAYROLL•
$ 172,353.32 Payroll Checks
$ 33,839.15 Payroll Deductions
$ 206,193.08 Total Payroll
$ 764,031.08 GRAND TOTAL
Seconded by Councilmember Juker. Ayee - all.
8. Code Amendment: Noise Ordinance (2nd Reading)
a. Councilmember Anderson introduced the followinc ordinance and moved
its adoption•
ORDINANCE NO. 642
35 5-18-89
AN ORDINANCE AMENDING THE MAPLEWOOD CODE
PERTAINING TO NOISE PERMITS
FOR CONSTRUCTION
Section 1. Article IIZ of Chapter 19 ie amended as follows:
ARTICLE III. NOISE CONTROL
Sec. 19-48. Prohibition generally; exception.
No person shall make or cause to be made any distinctly and loudly audible
noise that unreasonably annoys, disturbs, injures or endangers the
comfort, repose, health,.peace, safety or welfare of any person or
- precludes their enjoyment of property or affects their property's value.
If the event or activity is sponsored by the City or authorized and has a
permit for such activity issued by the City, this prohibition does not
- apply. This general prohibition is not limited by the specific
restriction of the following subdivision. Any violations of this general
prohibition, between the hours of 7:00 P.M. and 7:00 A.M., Monday through
Saturday and all day Sunday, is a per se violation of this article. (Ord.
- No. 611, 1, 10-15-87)
The City Manager, or his or her designee, may waive this requirement where
the activity would not cause a nuisance and where the proposed activity
would not be within 350 feet of a residential use. The City Manager's
decision may be appealed to the City Council. A waiver within 350 feet of
a residential use mu at be approved by the City Council. The property
owners within 350 feet of the proposed activity shall be notified of the
waiver request at least ten days before the Council meeting. A list of
the property owners, certified by an abstract company or the County
abstract office, shall be submitted with the waiver,requeat.
Sec. 19-49. Domestic Power Equipment.
The normal operation of domestic power equipment shall not be subject to
the noise level limitations in Sections 19-48 and 19-50. Domestic power
equipment, as used herein, means power lawn mowers, hedge clippers,
- edgers; chainsaws; garden tillers; mulchera; and power saws, drills,
hammers and sanders. (Ord. No. 6711, 2, 10-15-87)
Sec. 19-50. Construction Activities.
All construction activities, including the use of any kind of electric,
diesel or gas-powered machine or other power equipment, shall be subject
to the provisions of this article. A copy of this article shall be
attached to each such construction permit issued by the City. The
applicant for said permit shall be required to sign said copy,
acknowledging that he or she has read and understood it, before a permit
can be released.
Sec. 19-51: Enforcement.
36 5-16-89
(a) Police Department to enforce article provisions. The Maplewood
Police Department shall enforce the provisions of this article. The
Maplewood Police Department may inspect private premises other than
private residences and shall make all reasonable efforts to prevent -
violations of this article.
(b) Civil remedies. This article may be enforced by injunction, action
for abatement, or other appropriate civil remedy.
(c) Noise impact statements. The Council may require any person applying
for a change in zoning classification or a permit or license for any
structure, operation, process, installation or alteration, or project that
may be considered a potential noise source to submit a noise impact
statement on a form prescribed by the Coui:s:il. It shall evaluate each
such statement and take its evaluation inter account in approving or
disapproving the license or permit applied for or the zoning change
requested.
(d) Criminal penalties. Every person who violates any provision of this
article is guilty of a misdemeanor and shall, upon conviction, be subject
to a fine of not more than seven hundred dollars ($700.00) or imprisonment
for a term of not to exceed ninety (90) days, or both, plus, in either
case, the coats of prosecution. Each act of violation and each day a
violation occurs or continues constitutes a separate offense. (Ord. No.
611, 5, 10-15-87)
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Mayor Greavu. Ayes - all.
I. COUNCIL PRESENTATIONS -
1. Lights: White Bear Avenue and Burke
a. Councilmember Anderson stated he had received calls from the residents
- in the area of White Bear Avenue and Burke requesting a street light.
b. Councilmember Anderson moved to place the recuest on the next spends.
Seconded by Councilmember Bastian. Ayes - all.
2. Cable
a. Councilmember Anderson requested staff to research placing some
history of Maplewood on cable.
b. Council requested this item be added to the next agenda.
3. Fulk Manufacturing
37 5-18-89
a. Councilmember Juker stated that Fulk Manufacturing site is a "mesa"
and feels they be notified to clean the area up and meet all conditions of
their permit.
b. Staff will investigate.
4. Manager Meeting
a. Mayor Greavu stated the June 1st meeting with the Manager be canceled
until such time as Councilmember Roasbach has returned.
J. ADMINISTRATIVE PRESENTATIONS
1. Code Review - R-3 District
a. Tabled to a later meeting.
K. ADJOURNMENT OF MAY 18, 1989 MEETING
7:23 P.M.
- L. RECONVENE: CALL MAY 22.. 1989 MEETING TO ORDER
Mayor Greavu reconvened the meeting at 7:02 P.M.
M. ROLL CALL
John 0. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Roasbach, Councilmember Present
Mayor Greavu moved towaive the Rules of Procedure and add three items to the
Acenda.
M.I.S. Coordinator Position
Senior Citizen Building on McKnight
Lot Split on Ripley
Seconded by Councilmember Bastian. Ayes - all.
N-A APPOINTMENTS
1. H.R.C.
a. Commissioner Pat Williamson presented the Human Relations Commission
report.
38 5-18-89
b. Dawn G. Vassar, the applicant, expressed her desire to serve ae a
member of the H.R.C.
c. Councilmember Bastian moved to appoint Dawn G. Vassar to the Human
Relations Commission.
Seconded by Mayor Greavu. Ayes - all.
2. H.R.C. Annual Report
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to accept the 1989 Annual Human Relations
Commission report.
Seconded by Mayor Greavu. Ayes - all.
N. PUBLIC HEARINGS
1. 7:00 P.M., Conditional Use Permit Termination: 1564 Grandview Avenue (SUby)
a. Mayor Greavu convened the meeting for a public hearing regarding the
cancellation of a conditional use permit for David Suby, 1564 E. Grandview
Avenue, for a tool sharpening home occupation.
b. Manager McGuire presented the staff report.
c. Mayor Greavu called for proponents and opponents. None were heard.
d. Mayor Greavu closed the public hearing.
e. Councilmember Bastian moved termination of the conditional use permit
for tool sharpening home occupation at 1564 E. Grandview Avenue, since the
business is no loncer in operation.
Seconded by Mayor Greavu. Ayes - all.
3. M.I.S. Coordinator
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to authorize the hiring of an M.I.S. Coordinator to
fill the vacancv.
Seconded by Councilmember Roesbach. Ayes - all.
2. 7:10 P.M., Southwinds of Maplewood
a. Conditional Use Permit for a PUD
b. Revision of the Fred Moore PUD
c. Preliminary Plat
d. Authorization for Letter to St. Paul
39 5-18-89
1. Mayor Greavu convened the meeting for a public hearing
regarding the request for approval of a conditional use permit for
a 120-unit multi-family planned unit development on Beebe Road,
North of Larpenteur Avenue; a preliminary plat; and to delete the
requirement for the private road to Beebe Road from the Green Gate
apartments.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Commissioner Cardinal presented the. Planning Commission
recommendation.
5. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following voiced their opinions:
Gayle Sheff, 2169 E. Larpenteur Ave.
Lawrence Mroazak, 2147 E. Larpenteur
Gary Fredrickson, 1753 No. Howard
Bruce Casaelton, 1745 No. Howard
Helen Munson, 2135 E. Larpenteur
Resident, 2155 E. Larpenteur Ave.
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to approve the preliminary plat
for Southwinda apartments, subiect to the followinc conditions
being satisfied prior to final plat approval:
a. Elimination of the original south roadway connection
to Beebe Road.
b. The provision and recording of cross easements running
to all lots to allow for the sale of individual lots.
c. Compliance with all requirements of the City
engineering Department regarding sanitary sewer, water and
storm sewer services.
d. Final grading, utility, drainage, erosion control and
street plans must be approved by the City Engineer.
e. Submittal of a signed developers agreement with
required surety for all required public streets,
utilities, erosion control, walkways and tree planting.
f. Drainage easements, as required by the City Engineer,
shall be shown on the southeast end of the plat.
40 5-18-89
g. A building owners association shall be required to
assure common maintenance. all legal documents creating
the association must be approved by the City Attorney.
h. Aten-foot-wide walkway easement shall be shown on the
plat from the east-west trail to Larpenteur Avenue along
the former trolley line.
Seconded by Councilmember Roaebach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay- Councilmember Bastian.
8. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 5 - 81
WHEREAS, the City of Maplewood initiated a revision to the
conditional use permit for a planned unit development (PUD) to
omit the requirement for a road from Larpenteur Avenue to the PUD
at the following-described property:
All that part of the NE 1/4 of the SE 1/4 lying westerly
- of Furness Street and all that part of the East 1/2 of the
NW 1/4 of the SE 1/4 of Section 14, Township 29, Range 22,
except the N 1/2 of the NE 1/4 of the NW 1/4 of the SE 1/4
and except that part of the NE 1/4 of the SE 1/4 lying
westerly of Furness Street.
This property is also known as the Green Gate Apartments,
Maplewood;
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 March 20 and
April 3, 1989. The Planning Commission
recommended to the City Council that said permit
be approved.
2. The Maplewood City Council held a public hearing
on May 22, 1989. Notice thereof was published and
mailed pursuant to law. All persona 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 original Fred Moore PUD is hereby amended to eliminate
41 5-18-89
the south road connection to Larpenteur Avenue 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. Said roadway is not
needed and the extension of Holloway Avenue will
provide a more beneficial general purpose access
for the neighborhood.
2. The amended CUP/PUD will not be detrimental to the
public health, safety or general welfare.
3. The amendment to eliminate the south roadway
connection will be compatible and in character
with the surrounding zoning district and the
neighborhood in general because it will preclude
' the infiltration of additional traffic into the
adjacent single-family residential area.
4. The elimination of the roadway will not depreciate
property values in the general area.
5. The elimination of the south roadway connection
will not create hazardous or detrimental
conditions for surrounding land uses.
6. The elimination of the south roadway will result
in less traffic on surrounding local streets than
would be the case if the roadway connection were
made.
7. The amendment will have no effect on essential
public services. The roadway is not required to
facilitate fire service.
8. The amendment will not create excessive additional
requirements at publiccost for public facilities
and services.
9. The amendment will have no effect on the site's
natural and scenic features.
10. The amendment will not cause adverse environmental
effects.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembere
Anderson, Juker and Roasbach
Nay - Councilmember Bastian
9. Mayor Greavu introduced the followinc resolution and moved its adoption:
42 5-18-89
89 - 5 - 82
WHEREAS, Continental Development Corporation initiated a
conditional use permit for a multi-family PUD in a zoning district
located easterly of Beebe Road and northerly of Larpenteur Avenue
which facility is proposed to accommodate 120 apartment units and
is described ae follows:
Lot 1, Block 2, Southwinds of Maplewood 2nd Addition
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 March 20 and
April 3, 1989. The Planning Commission
recommended to the City Council that said permit
be approved subject to conditions.
2. The Maplewood City Council held a public hearing
on May 22nd, 1989. Notice. thereof was published
and mailed pursuant to law. All persona 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 ZT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
- that the above-described conditional use permit be approved for a
multi-family housing PUD 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 detrimental 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 and the neighborhood in
general.
4. The use would not depreciate property values in
that it provides for an ample buffer of open space
and vegetation where it interfaces with single-
family residential areas to the east.
43 5-18-89
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 and will
not inordinately burden public facilities and
' services.
8. The use would not create excessive additional
requirements at public coat 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 March 28, 1989,
and the conditions approved by the Community
Design Review Board.
2. All urea shall conform with the R-3 zoning
district requirements.
3. Noise levels shall not exceed PCA standards at any
residential property line.
4. No outdoor storage of recreational vehicles, boats or
trailers.
5. Removal of the proposed roadway connection from Green Gate
to Beebe Road through the subject property.
6. The trees along the north and east property lines shall
remain undisturbed.
44 5-18-89
7. Afive-foot-wide concrete sidewalk for public use shall be
constructed from FurnessStreet to Beebe Road. An eight-
foot-wide asphalt walkway shall be constructed from the
east-west path described above to the parking lot.
8. Afive-foot-wide concrete sidewalk shall be constructed
along Beebe Road from the north property .line to
Larpenteur Avenue.
9. This permit shall be subject to review after one year from the date of
approval, based on the procedures in City code.
Seconded by Councilmember Roasbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
10. Mayor Greavu moved to authorize staff to send a letter to
the City of St Paul reaueatinc them to extend their trail
north to Larpenteur Avenue.
Seconded by Councilmember Juker. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Senior Citizen Building on McKnight and Stillwater
a. Councilmember Juker stated residents in the area of McKnight and
- Stillwater have called questioning where the proposed senior citizen
building is going to be located and why all the trees are being removed.
b. Staff stated the trees are being removed by Ramsey County because of
the McKnight Road project.
2. Lot Split on Ripley
a. Councilmember Juker questioned why the lot split on Ripley Street is
taking so long.
b. Staff to investigate.
H. NEW BUSINESS (COntinuedl
13. Recreational Vehicle Permit Revocation
a. Manager McGuire stated the Hauae's have requested that this item be
delayed until the next meeting.
b. Councilmember Juker moved to direct the Manager to send a letter to
the Hauae's revoking their recreational vehicle permit.
Seconded by Councilmember Anderson. Ayes - all.
45 5-18-89
3. Meeting with Auditor
a. Mayor Greavu moved to meet with the auditor's at 6:30P.M., June 26,
1987.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Roesbach
Nay - Councilmember Bastian.
4. Hazardous Building on Kohlman.
a. Mayor Greavu moved to order an abatement clearing the vrooerty at 1346
Kohlman of the hazardous building.
Seconded by Councilmember Juker. Ayes - all.
O. VISITOR PRESENTATION
None.
P. ADJOURNMENT OF MAY 22, 1989 MEETING
9:04 P.M.
City Clerk
46 5-18-89