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MINUTES SPECIAL CITY COUNCIL MEETING i,:~ NOVEMBER 26, 1985 PAGE 2 is now being monitored and has agreed to change his method of DENIAL operation, will always take a picture before and after the job, OF TREE and all billing will be done by mail. Mr. Janes felt that part of TRIMMING/ the problem is a language problem and the monitoring should REMOVAL remedy this. He requested that the City give Mr. Babacon a chance LICENSE to prove himself so he may present a good record to other communities. TO STAND Council discussed problems documented relating to the firm (incidents in Roseville and St. Paul, as well as Falcon Heights), and considered methods by which the license could be issued and Falcon Heights being protected. Attorney Gasteazoro commented on a recent case relating to a government's liability, and was of the opinion since the City cannot rely on references, the City could be liable if the license is issued and a serious problem occurs. Council concurred that they did not wish to be a testing ground for the firm but would reconsider at a later date if a positive track record is acquired. Following the dicussion, Mayor Eggert moved, seconded by Councilmember Chenoweth, that the denial stand. Motion carried unanimously. Frank Kubitschek, developer of the proposed Falcon Heights Office Park, REVIEW OF was in attendance to discuss a draft of the proposed development agree- DEVELOPMENT ment. The document was reviewed and discussed by Council, Mr. Kubitschek, AGREEMENT City Bond Attorney Tony Stemberger, and Attorney Gasteazoro with FOR F.H. corrections and changes made to the satisfaction of all. A draft of OFFICE PARK the document showing these changes will be forthcoming. Councilmember Baldwin arrived at 8:10 during the discussion. Proposed Resolution R-85-67 was presented and after assurance by Attorney Stemberger that his requested changes in the document had been made, Councilmember Hard moved, seconded by Councilmember Baldwin that Resolution No. R-85-67 be adopted. Motion carried unanimously. RESOLUTION R-85-67 RESOLUTION R-85-67 A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF FALCON HEIGHTS, MINNESOTA, COMMERCIAL DEVELOPMENT REVENUE BONDS (STRATFORD COMMERCIAL CONDOMINIUM PROJECT), SERIES 1985, WHICH BONDS AND THE INTEREST AND ANY PREMIUMiTHEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT: APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE INDENTURE OF TRUST, THE LOAN AGREEMENT, THE SERVICING AGREEMENT, THE BOND PURCHASE AGREEMENT, AND THE ARBITRAGE AND PREMIUM GUARANTY AGREEMENT; APPROVING CERTAIN OTHER DOCUMENTS AND AUTHORIZING EXECUTION OF CERTAIN DOCUMENTS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS: AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID BONDS Councilmember Chenoweth commented on the fact that Fire Chief Renchin LACK OF had indicated he does not have final sprinkler plans for 1666 Coffman, FINAL and asked if Mr. Kubitschek was aware of the problem. Mr. Kubitschek SPRINKLER stated he is meeting with the sprinkler contractor and will discuss PLANS FOR 1666 the matter with him. COFFMAN Council briefly discussed the proposed contract with White Bear Animal