HomeMy WebLinkAbout1994 02-28 City Council PacketMAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 28, 1994
Council Chambers, Municipal Building
Meeting No. 94 -05
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF MINUTES
1. Minutes of Council /Manager Workshop (February 7, 1994)
2. Minutes of Meeting 94 -03 (February 14, 1994)
3. Minutes of Meeting 94 -04 (February 24, 1994)
E. APPROVAL OF AGENDA
EA. PRESENTATIONS
1. volunteers of America Week Proclamation
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City
Council and w i l l be enacted by one motion. There w i l l be no separate discussion on these
items. If a member of the City Council wishes to discuss an item, that item will be
removed from the Consent Agenda and will be considered separately.
1. Approval of Claims
2. Community Design Review Board Annual Report
3. Resolution of Appreciation for Don Moe
4. Preliminary Plat Termination: Waterford Addition
G. PUBLIC HEARINGS
1. 7:00 P.M.: Sterlina Street: Laroenteur - Holloway (4 Votes)
2. 7:15 P.M.:Beer &Wine License; Balbir Singh Joginder Paul,
Taste of India, 1745 Cope Avenue East (Taste of India)
H. AWARD OF BIDS
I. UNFINISHED BUSINESS
1. Moratorium on Clinics
2. Phalen Lake Town Homes
a. Land Use Plan Changes (4 Votes)
b. Rezoning (4 Votes)
c. Street Vacation
d. Setback Variances
e. Preliminary Plat
f. Building and Site Plans
J. NEW BUSINESS
1. Sign Plan Change: Crown Plaza Shopping Center
2. Community Design Review Board Ordinance (1st Reading)
3. Ramsey - Washington Metro Watershed District Lease for Office Space:
1902 E. County Road B
4. I.S.D. 622 Update
5. Open Space Acquisition Proposal
K. VISITOR PRESENTATIONS
L. COUNCIL PRESENTATIONS
1.
2.
3.
4.
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
2.
N. ADJOURNMENT
CITY COUNCIUMANAGER WORKSHOP
OF THE
CITY COUNCIL OF THE CITY OF MAPLEWOOD
5:00 p.m., Monday, February 7, 1994
Maplewood Room, City Hall
MINUTES
A. CALL TO ORDER
The Council /Manager meeting of the Maplewood City Council was held in the Maplewood
Room, City Hall. The meeting was called to order by Acting Mayor Rossbach at 5:00 p.m.
B. ROLL CALL
Mayor Gary Bastian
Councilmember Sherry Allenspach
Councilperson Dale Carlson
Councilperson Mary Koppen
Councilperson George Rossbach
Others Present:
Present (Arrived at 5:07 p.m.)
Present
Present
Present
Present
City Manager Michael McGuire
Assistant City Manager Gretchen Maglich
Community Center Manager Tom Eastman
C. APPROVAL OF AGENDA
Councilmember Carlson moved that the agenda be approved as presented. The motion was
seconded by Councilmember Allenspach and was approved.
Ayes: Allenspach, Carlson, Koppen and Rossbach
Absent: Bastian
1
D. COMMUNITY CENTER ARCHITECT /CONSTRUCTION MANAGER QUARTERLY
UPDATE
Mayor Bastian joined the meeting at 5:07 p.m.
Representatives from the Community Center project architectural firm of AKRW (Duane Kell
and Marianne Repp) and representatives from the construction management firm of
McGough Construction (Mark Adamson, Dick Gunderson, and Ned Dripps) presented a
status report about the community center project. Quarterly Report #2 was distributed to the
City Council. The construction manager stated that the project is about 50% complete; there
remains approximately $291,000 in the project contingency account; and another $50,000 of
soils will be needed in the spring. Mark Adamson stated that to date, the project is going
very well and that he is comfortable with the contingency size for the last six months of
construction. There was some discussion about the Change Order that was reviewed by the
Change Order Review Committee on Friday, February 4, 1994. It will be part of the
February 14, 1994 City Council agenda.
Community Center Manager Eastman left the meeting at 5:30 p.m.
E. UPDATES
1. I.S.D. 622 Building Plans
City Manager McGuire reported on the building plans of I.S.D. 622 and the on -going
meetings with School District representatives regarding the proposed high school site
on the Oak Ridge property.
2. Fire Department Contracts
City Manager McGuire distributed a memo from the City Attorney with a legal opinion
about the City engaging in collective negotiations with all three of the volunteer
firefighter departments that contract with the City. There was a question of whether or
not this is an illegal restraint of trade. Following some discussion, it was the
consensus of the Council that City Manager McGuire would notify the Fire
Departments and the City's consultant, Mr. Bill Bruen, of the City's decision to
negotiate with the departments on an individual basis; and the City will seek an
opinion from the State Attorney General's office on the legality of negotiating with all
three departments as one.
City Manager McGuire also distributed a memo from the City Attorney regarding the
open meeting law.
F. OPEN SPACE SITE
Assistant City Manager Maglich reported that Mr. Ken Gervais, owner of the property rated
as #1 by the Open Space Committee, spoke to City staff about his intent to begin the
development process for his site within the next two weeks. Mr. Gervais stated that if the
City was interested in acquiring the site, negotiations should start immmediately before
development costs are invested in the site. Following some discussion about the
responsibility of negotiations and appraisals, it was the consensus of the Council to place this
item on the February 14, 1994 agenda for formal consideration and action.
G. USE OF SPACE AT 1902 (PUBLIC WORKS BUILDING
City Manager McGuire stated that the Ramsey- Washington Metro Watershed District is very
interested in renting office space in the Public Works building, 1902 E. County Road B.
Since Suburban Community Channels (SCC) vacated the building last March, the space has
been used for community meeting rooms and storage. Following some discussion, it was the
consensus of the Council that if the rooms can still be used for community groups, the lease
arrangement with the Watershed District should proceed.
H. SET DATE FOR CITY COUNCIL GOAL - SETTING RETREAT
City Manager McGuire provided copies of proposals from two possible facilitators, Mr. Don
Salverda and Mr. John Vinton. Following some disuccussion about the facilitators and
possible meeting dates, it was the consensus of the Council to ask Mr. Vinton if he is
available on Friday, March 18 for a one day session.
I. COUNCIL POLICIES AND PROCEDURES
Due to limited time, this item was not discussed.
J. OTHER BUSINESS
There was no OTHER BUSINESS.
K. FUTURE TOPICS
There was no discussion of FUTURE TOPICS.
L.ADJOURNMENT
The meeting was adjourned at 6:58 p.m.
3
MINUTES OF MAPLEM CITY COUNCIL
7:00 P.M., Monday, February 14, 1994
Council Chambers, Municipal Building
Meeting No. 94 -03
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale N. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present.
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council /Manager Workshop, January 20, 1994
Mayor Bastian moved to approve the minutes of Council/Manager Meeting of Januar
20. 1993 as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Meeting 94 -02 (January 24, 1994)
Councilmember Rossbach moved to approve the minutes of Meeting No. 94 -02 Januar
24, 1994) as presented.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L -1 Brucker Letter
L -2 Remove F -19
M -1 Administration meeting with legislators
Seconded by Councilmember Rossbach Ayes all
EA. PRESENTATIONS
NONE
F. CONSENT AGENDA
Councilmember Rossbach moved seconded by Councilmember Allens ach• a es - all to a rove
the consent agenda items F -1 thru F -18 and F -20 thru F -22 recommended. Item F -22 removed
from Agenda)
1 2 -14 -94
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 423,068.12
PAYROLL:
256.776.,45
679,844.57
216,738.58
47,488.23
21,832.13
20.838.70
306.,897.64
986.742.21
2. 1994 Contract With Landfall for Police Service
Checks #1962 - #2036
Dated 1 -13 -94 thru 1 -31 -94
Checks #12512 - #12696
Dated 2 -14 -94
Total per attached voucher /check register
Payroll Checks #38842 thru #39028
Dated 1 -28 -94
Payroll Deduction Checks #39033 thru
39048 dated 1 -28 -94
Payroll Checks #38810 thru #38829
Dated 1 -21 -94
Payroll Deduction Check #38830 dated 1 -21 -94
Total Payrolls
GRAND TOTAL
Reviewed and approved the 1994 contract between the City of Maplewood and Landfall
for police services.
3. 1994 Dispatching Agreement with North St. Paul
Reviewed and approved the 1994 dispatching agreement between the City of Maplewood
and the City of North St. Paul.
4. 1994 Dispatching Agreement with East County Line Fire Department /Oakdale Ambulance
Reviewed and approved the 1994 East County Line Fire Department /Oakdale Ambulance
dispatching contract.
5. 1994 Dispatching Agreement with Woodbury Fire Department
Reviewed and approved the 1994 Woodbury Fire Department dispatching contract.
6. 1994 Dispatching Agreement with Oakdale Fire Department
Reviewed and approved the 1994 Oakdale Fire Department dispatching contract.
7. Maplewood Firefighters Relief Association
a. Recalculation of 1992 and 1993 Funding Obligation
Approved payment of $16,522 to the Maplewood Firefighters Relief
Association as Maplewood's share of correcting a miscalculation in the
1992 and 1993 funding obligations.
b. Proposed By -Law Change
Approved the change in the language of the Maplewood Firefighters Relief
Association bylaws, specifically adding "Service Credit for fractional
years of service shall be prorated on a monthly basis."
2 2 -14 -94
8. Resolution for Paine Webber Account
93 - 02 - 12
AUTHORIZING INVESTMENT TRANSACTIONS WITH PAINE WEBBER
RESOLVED:
To open with PaineWebber Incorporated, its successor firms, subsidiaries,
correspondents or affiliates ( "PaineWebber ") a brokerage account for the purchase
and sale of securities and other property. Securities means, but is not limited
to, money, stocks, bonds, options, including stock options indices, interest rate
options, foreign currency options, and other securities and property.
That the Corporate Officers named in the space below are authorized to act on
behalf of the Corporation with respect to opening an account, to execute on behalf
of the Corporation any and all relevant documents, and to deal with PaineWebber in
connection with all aspects of said account singly, with no limits as to amount
hereinafter called "Authorized Person "):
Daniel F. Faust, Finance Director
Richard Hangsleben, Assistant Finance Director'
That PaineWebber is authorized to deal with each Authorized Person, to accept all
orders for purchases and sales and all instructions given verbally or in writing
by him or her on behalf of the Corporation as the action of the Corporation without
further inquiry as to his or her authority; to receive any funds, securities or
other property for the account of the Corporation, to honor written instructions
from each Authorized Person to deliver either in bearer form, in street
certificates, in any names or in any other manner any funds, securities or other
property held for the account of the Corporation, to extend loans in connection
with the maintenance of a margin account (if applicable); to effect Bank Card
transactions in connection with the Corporation's account (if applicable),
including use of State Street's Line of Credit in connection with the Gold
MasterCard, to honor written instructions from each Authorized Person to write
checks against the Corporation's account, and to send all confirmations, notices,
demands, monthly statements and other communications to the Authorized Person and
to the Corporation, attention: Daniel F. Faust, Finance Director, 1850 East County
Road B, Maplewood, MN 55109.
That any withdrawals of money; checkwriting, BankCard purchases (if applicable) or
other non - brokerage transactions made on behalf of the Corporation with PaineWebber
are ratified, confirmed and approved and that PaineWebber is authorized to rely
upon the authority conferred by these resolutions until PaineWebber receives a
certified copy of resolutions of the Corporation's Board of Directors revoking or
modifying these resolutions. In the event that PaineWebber, for any reason, is
uncertain as to the continuing effectiveness of the authority conferred by these
resolutions or any other resolutions of the Corporation, PaineWebber may refrain
from taking any action with respect to this account until such time as it is
satisfied as to its authority and PaineWebber shall be indemnified against and held
harmless from any claims, demands, expenses, loss or damage, including legal fees
and costs, resulting from or arising out of its refraining from taking any action.
ATTENTION: TRANSFER AGENT
That any Authorized Person is fully authorized and empowered to transfer, convert,
endorse, sell, assign, set over and deliver any and,all shares of stock, bonds,
debentures, notes, subscription warrants, stock purchase warrants, evidences of
indebtedness, or other securities now or hereafter standing in the name of or owned
by this Corporation, and to make, execute and deliver under the corporate seal of
this Corporation or otherwise, any and all written instruments of assignment and
3 2 -14 -94
transfer necessary or proper to effectuate the authority hereby conferred.
That whenever there shall be annexed to any instrument of assignment and transfer,
executed pursuant to and in accordance with the foregoing resolution, a certificate
of the Secretary or an Assistant Secretary of this Corporation in office at the
date of such certificate, and such certificate shall set forth these resolutions
and shall state that these resolutions are in full force and effect, and shall also
set forth the names of the persons who are then officers of this Corporation, then
all persons to whom such instrument with the annexed certificate shall thereafter
come, shall be entitled, without further inquiry of investigation and regardless
of the date of such certificate, to assume and to act in reliance upon the
assumption that the shares of stock or other securities named in such instrument
were theretofore duly and properly transferred, endorsed, sold, assigned, set over
and delivered by this Corporation, and that with respect to such securities the
authority of these resolutions and of such officers is still in full force and
effect.
Daniel F. Faust, Finance Director, 1850 East County Road B, Maplewood, MN 55109
That the Corporation elects a Cash Account.
That the Secretary or an Assistant Secretary of the Corporation is authorized and
directed to certify to PaineWebber that these resolutions have been duly adopted,
are in full force and effect and are in accordance with the provisions of the
charter and by -laws of the Corporation.
9. Tax Increment Transfer
Authorized the following transfers from the Tax Increment Fund to the Park
Development Fund as reimbursement for expenses that are financed by tax increment
revenues:
47,176.80
24,664.00
23,662.00
13,182.00
5,689.00
10,188.00
2,245.00
3,400.00
58,714.62
188,921.42
10. Carryover of 19{
Park Maintenance Building
Trees for Harvest Park, 2561 Barclay (Barclay & Brooks)
Trees for Hazelwood Park, 1659 County Road C
Trees for Geranium Park, 2568 Geranium Avenue
Trees for Sherwood Park, 2237 Kennard Street
Trees for Maplewood Heights Park, 2971 Beam
Trees for Hillside Park, 1879 North Myrtle Street
Gethsemane Park Development, 2401 E. 7th Street
Nature Center Addition
Total
13 Appropriations to 1994
Reviewed and approved the following carryovers from the 1993 Budget to the 1994
Budget:
Account Number Amount Account Number Amount
101 - 504 -4410 12,000 204- 112 -xxxx 64,050
101- 119 -4490 10,000 201- 510 -4490 19,330
101 -119 -4640 4,000 201 -510 -4470 13,700
101 - 102 -4490 5,000 97,080
101- 102 -4630 2,800
101 - 112 -4390 560
101 -201 -4630 500
101 - 202 -4630 2,080
101 -501 -4630 460
101 - 604 -4630 900
38,300 General Fund Total
Total Other Funds
4 2 -14 -94
11. Donation to Maplewood Nature Center
Accepted a donation of $100 from the Maplewood Mall in honor of Bob Odegard's
retirement, and authorized placing it in the Nature Center's office equipment
account - 101- 604 - 000 -4630.
12. 1994 Charitable Gambling Resolutions
a. Lions Club at L & L Hall
1QiY.si N?
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for North Maplewood Lions to be
located at L & L Hall, 1310 Frost Avenue.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
b. Lions Club at Guldens
94 -02 -14
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved - for North Maplewood Lions to be
located at Gulden's Roadhouse, 2999 North Highway 61.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
c. St. Jerome's at Dean's Tavern
94 -02 -15
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for St. Jerome's School to be
located at Dean's Tavern, 1986 Rice Street.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
5 2 -14 -94
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
d. St. Jerome's at St. Jerome's School
94 - 02 - 16
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for St. Jerome's School to be
located at 376 Roselawn Avenue E.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further `resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
13. Maplewood Nature Center Change Orders Numbers 1 through 5
Authorized the payment of Change Orders 1 through 5 for the Maplewood Nature Center
in the amount of $2,380.92 as part of the contract with Nordling Construction
Company. Funding for the change orders was included in the original request for
this project.
14. Purchase of Marked Patrol Vehicles
Authorized the purchase of five 1994 patrol vehicles (three for the Patrol Division
and two for the Paramedic Division) as allocated in the 1994 Budget.
15. Park & Recreation Commission 1993 Annual Report and 1994 Activity Plan
Accepted with appreciation the 1993 Annual Report and 1994 Activity Plan from the
Park & Recreation Commission.
16. Planning Commission 1993 Annual Report
Accepted with appreciation the 1993 Annual Report from the Planning Commission.
17. Conditional Use Permit Review: Carefree Cottages of Maplewood
Reviewed and approved renewal of the Conditional Use Permit for the Carefree
Cottages of Maplewood. The CUP will not be reviewed again unless a problem
develops.
18. Conditional Use Permit Review: Co. Rd. C (U.S. West Communications)
Reviewed and approved renewal of the Conditional Use Permit for a telephone
equipment building on the south side of County Road C, east of Keller Parkway.
The CUP will be reviewed again in five years.
19. Final Plat: Pedro Addition
REMOVED FROM AGENDA
6 2 -14 -94
20. Liquor License - Ciatti's: Change of Manager
Approved a liquor license for Janel M. Ketteler, the new manager at Ciatti's, 1900
East County Road D.
21. HAZMAT Contract
Approved payment for the first quarter of the 1994 Contract for Hazardous Materials
Response with the City of St. Paul, in the amount of $2,529.78.
22. Resignation of Human Relations Commissioner and Commendation
Accepted with regret the resignation of James T. Garrett from the Human Relations
Commission.
G. PUBLIC HEARINGS
1. 7:00 P.H. (7:09 p.m.), Price Avenue Vacation
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from BFW Company to vacate Price Avenue between Rice Street and the Soo Line
railroad right -of -way.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for .proponents or opponents.
No one appeared.
e. Mayor Bastian closed the public hearing.
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 - 02 - 17
VACATION RESOLUTION
WHEREAS, the BFW Company applied for the vacation of the following described street:
That part of Price Avenue (formerly known as St. Aubin Place) adjacent to
Lots 16 through 25, Block 7, and Lots 1 through 10, Block 8, St. Aubin and
Dion's Rice Street Addition that is east of the east line of Rice Street
and is west of the west line of Park Street.
WHEREAS, the history of this vacation is as follows:
1. The one property owner abutting this street asked for this vacation;
2. On January 18, 1994, the Planning Commission recommended that the City Council
approve this
3. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent a notice to the abutting
property owner. The Council gave everyone at the hearing a chance to speak and
present written statements. The Council considered reports and recommendations
from the City staff and Planning Commission.
7 2 -14 -94
WHEREAS, after the City approves this vacation, public interest in the property will
go to the following abutting properties:
Lots 16 -25, Block 7 and Lots 1 -10, Block 8, Saint Aubin and Dion's Rice
Street Addition in Maplewood
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described
vacation for the following reasons:
1. It is in the public interest.
2. The City has no plans to build a street in this location.
3. The adjacent properties have adequate street access.
4. The City vacated parts of this street in 1985 and 1989.
This vacation is subject to the retention of a utility easement over the 20 feet
of the vacated Price Avenue that is west of the west line of vacated Park Street.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Barbed Wire Fencing Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced second reading of the following Ordinance and
moved its adoption:
ORDINANCE NO. 718
AN ORDINANCE THAT ALLOWS BARBED WIRE FOR COMMERCIAL FENCING THAT IS AT LEAST SIX FEET TALL
Section 1. Section 9 -3(5) of the City Code is changed as follows:
5) Barbed wi re fenci ng shal 1 onl y be used to fence i n 1 i vestock on a farm
and for top fencing around commercial uses where the base fence is six
feet or more high.
Section 2. This Ordinance shall be effective after the City publishes the
ordinance in the official newspaper. ,
Seconded by Councilmember Koppen.. Ayes- all
G. PUBLIC HEARINGS - Continued
2. 7 :15 P.M. (7:16 P.M.), Easement Vacations: Maplewood Estates Second Addition
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from North Suburban Development, Inc. for vacation of three water -line
easements for the Maplewood Estates Second Addition.
b. Manager McGuire presented the staff report.
8 2 -14 -94
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Kevin Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
A representative of North Suburban Development answered questions from the Council.
Robert Gill, 1806 McKnight Road
Janet Grant, 1709 McKnight Lane
Betty Jane Haak, North St. Paul resident
f. Mayor Bastian closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and _mov_ed its
adoption:
94 - 02 - 18
EASEMENT VACATION RESOLUTION
WHEREAS, North Suburban Development, Inc. applied for the vacation of the following
described easements:
All the easements described in Document Numbers 1865692 and 1857583 that are over
and across Lot 1, Block 1, Maple Woods Estates, Ramsey County, Minnesota
WHEREAS, the history of these vacations is as follows:
1. A majority of the property owners abutting these easements signed a petition
for this vacation;
2. On January 18, 1994, the Planning Commission recommended that the City Council
approve these vacations.
3. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the abutting
property owners. The Council gave everyone at the hearing a chance to speak and
present written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
WHEREAS, after the City approves these vacations, public interest in the property will
go to the following abutting property:
Lot 1, Block 1, Maple Woods Estates
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described
vacations because it is in the public interest. It is in the public interest because:
1. These easements are not needed. The developer will build new water lines and
dedicate new easements with the final plat.
2. These easements would conflict with the new plat design.
Seconded by Councilmember Allenspach Ayes - all
3. 7:30 P.M. (7:31 P.M.), Century Avenue Service (9 North Century Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from John C. Fleming relative to remodeling the Century Avenue Service Station.
9 2 -14 -94
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Boardmember Anitzberger presented.the Community Design Review Board report.
e. Commissioner Kittridge presented the Planning Commission report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Fleming, the applicant
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94 - 02 - 19
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, John C. Fleming applied for a conditional use permit to enlarge his fuel
station, a nonconforming use.
WHEREAS, this permit applies to 9 Century Avenue North. The legal description is:
Subject to Roads, the South 158 feet of the East 158 feet of Lot 15
Wright's Garden Lots
WHEREAS, the history of this conditional use permit is as follows:
1. On January 3, 1994, the Planning Commission recommended that the City Council
approve this permit.
2. On February 14, 1994, the City Council held a public hearing. City staff
published a notice in the paper and sent notices to the surrounding property
owners. The Council gave everyone at the hearing a chance to speak and present
written statements. The Council also considered reports and recommendations of
the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be. dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odor, fumes, water or'air pollution, drainage, water
run -off, vibration, general unsightliness, electrical interference or other
nuisances.
10 2 -14 -94
5. The use would generate only minimal vehicular traffic on local streets and
would not create traffic congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the City. The Director
of Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year after
the Council approves this permit or it shall become null and void. The City
Council may grant up to one one -year extension of the permit.
3. The City Council shall review this permit in one year.
Seconded by Councilmember Rossbach Ayes all
Variance
i. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94 -02 -20
VARIANCE RESOLUTION
WHEREAS, John C. Fleming applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to 9 Century Avenue North. The legal description is:
Subject to Roads, the South 158 feet of the East 158 feet of Lot .15
Wright's Garden Lots
WHEREAS, Section 36- 151(b)(9)(a) of the Maplewood Code of Ordinances requires that
overhead fuel island canopies have a 15 -foot setback from a street right -of -way.
WHEREAS, the applicant is proposing a 10 -foot setback.
WHEREAS, this requires a variance of five feet.
WHEREAS, the history of this variance is as follows:.
1. On January 3, 1994, the Planning Commission recommended that the City Council
approve this variance.
11 2- 14 -94
2. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners as required by law. The Council gave everyone at the hearing
an opportunity to speak and present written statements. The Council also
considered reports and recommendations from the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described
variance for the following reasons:
1. Meeting the Code would cause undue hardship. The hardship is because there is
not enough room between the building and the street right -of -way line for a 15-
foot canopy setback.
2. The applicant is maximizing the canopy's setback by moving the pump islands as
far from the street as possible.
3. The canopy location would meet the spirit and intent of the ordinance. The
canopy would not affect traffi c on Century Avenue and would be 27 feet from the
nearest traffic lane.
Seconded by Councilmember Rossbach Ayes - all
j. Councilmember Koppen moved to approve the plans for the fuel station canopy and
new DumD islands which the City stamped _October 25, 1993, subject to the
followine conditions and revisions:
1) Repeat this review in two years if the City has not issued a building
permit for this project.
2) Before the City issues a building permit, the staff must approve
revised plant that show:
a) Six striped parking spaces plus one space for each company
vehicle, if any (code requirement). One parking space must
be a handicap parking space that meets the Americans,With
Disabilities Act. There must be a handicap- parking sign.
b) The design and location of a trash enclosure, and a gate on
the outside tire - storage area. Both enclosures must be 100%
opaque and have gates that are also 100% opaque. Both
enclosures must match the building's color (code
requirement).
c) A solution to the water problem from the car wash.
3) Repair and repaint the wooden screening fence on the building's west
side.
Seconded by Councilmember Rossbach Ayes - all
4. 7:45 P.M., Hillside Center Sign Plan
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from Brent Paschke for a variance and a change of the sign criteria for the
Hillside Center.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Boardmember Anitzberger presented the Community Design Review Board report.
12 2 -14 -94
e'. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Cindy Wair, C & P Partners
Ray Saunders, owner of Mr. Movies
f. Mayor Bastian closed the public hearing.
Variance
g. Councilmember Koppen moved to deny the variance.
Seconded by Councilmember Rossbach Ayes - all
Sign Plan Change
h. Councilmember Koppen moved to approve the request by Schad Tracy Signs
revise the sign criteria for Hillside Center to place tenant signs over the
awnings, subject to the following conditions_
1) The tenant signs on the towers shall be removed; new tenant signs
shall no longer be allowed on the tower.
2) Eighteen inches shall be the maximum height of signs over the awnings.
Seconded by Councilmember Rossbach Ayes - all
I. UNFINISHED BUSINESS - Continued
2. Community Design Review Board Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced second reading of the following Ordinance and
moved its adopt ors :_
ORDINANCE NO. 719
AN ORDINANCE CHANGING THE DUTIES AND RESPONSIBILITIES SECTION
OF THE COMMUNITY DESIGN REVIEW BOARD ORDINANCE
The Maplewood City Council approves the following ordinance:
Section 1.. This section changes Section 25 -66.
Section 25 -66. Duties and responsibilities — Generally.
The duties and responsibilities of the community design review board shall be to:
1) Review all building plans, except proposals excluded from review under section 25-
65. The board shall review sign applications as required in article III of chapter
36.
2) Approve, modify, deny or table any matter they review. The board, however, shall
not review interior designs.
3) Hold regularly scheduled meetings, and advise an applicant of the date, time and
place when the board will review the applicant's application. The staff shall
notify the property owners within 350 feet of the' applicant's site of the meeting,
unless the City Council will hold a hearing on the applicant's project.
13 2 -14 -94
4) Make a decision based on a staff report, the findings required by the Code and the
applicant's presentation.
5) Prepare a report to the City Council by January thirty -first of each year outlining
the board's actions and activities during the preceding year. The report may
include recommended changes, including, but not limited to, ordinances and /or
procedures.
Section 2. This ordinance shall take effect after the City approves this ordinance
and has it published.
Seconded by Councilmember Carlson Ayes - all
3. Majority Vote Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced second reading of the following Ordinance and
moved its adoption:
ORDINANCE NO. 720
AN ORDINANCE RELATING TO DISPOSAL OF PUBLIC REAL. PROPERTY
Amending Sect. 2.1.
Sect. Disposal of Public Real Property
Pursuant to Sect. 412.211, Minnesota Statutes, the City is authorized to sell,
convey, lease or otherwise dispose of such property as the interest of the City may
require. The City shall not sell, convey, lease or otherwise dispose of publicly
owned real property acquired in whole or in part with the proceeds of bonds issued
pursuant to the public referendum held November 2, 1993 unless:
a) The proposed disposal has been referred to and reviewed by the City Planning
Commission pursuant to Sect. 462.356, Subd. 2, Minnesota Statutes; and
b) The City Planning Commission has reported, in writing, to the City Council
relative to the proposed disposal as required by Sect. 462.356, Subd. 2,
Minnesota Statutes; and
c) The City Council approves said property disposal by a 4 /5ths vote of all its
members after three public hearings.
Section 2. This ordinance shall take effect and be in force from the date of its
passage and publication as provided by law.
Seconded by Councilmember Rossbach Ayes - all
G_ PUBLIC HEARINGS - Cantinued
5. 8:00 P.M., Southwinds Townhoimes
f
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal
from John Low of Southwind Homes, LLC to develop 56 double dwellings (28
buildings) on both sides of Beebe Road north of Larpenteur Avenue.
14 2 -14 -94
b. Manager McGuire presented the staff report
c. Director of Community Development Olson presented the specifics of the report.
d. Boardmember Roger Anitzberger presented the Community Design Review Board
report.
e. Commissioner Kittridge presented the Planning Commission report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Low, Southwinds Townhomes, LLC, the applicant
Sam Casselton, 1745 Howard Street
Bob Fritz, 2180 Ripley
Carolyn Peterson, 1999 Jackson (also speaking for Lorraine Fischer
Dominic Ramacier, 865 Lakewood
f. Mayor Bastian closed the public hearing.
Conditional Use Permit
g. Councilmember Rossbach introduced the following Resolution and moved is
adoption:
94- 02 -21.
CONDITIONAL USE PERMIT RESOLU'TIOH
WHEREAS, Southwinds Homes, LLC applied for a conditional use permit for a planned unit
development to develop a 56 -unit town house complex
WHEREAS, this permit applies to the property on the east and west sides of Beebe Road,
north of Larpenteur Avenue. The legal description is:
Lot 1, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition
WHEREAS, the history of this conditional use permit is as follows:
1. On February 7, 1994, the Planning Commission recommended that the City Council
approve this permit.
2. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the paper and sent notices to the surrounding property
owners. The Council gave everyone at the hearing a chance to speak and present
written statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described
conditional use permit, because:
1. The use would be located, designed, maintained, 'constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
15 2 -14 -94
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water
runoff, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and
would not create traffic congestion or unsafe access on existing or proposed
streets.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer
systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the City. The Director
of Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year of
Council approval or the permit shall end. The Council may extend this deadline
for one year.
3. The City Council shall not review this permit unless there is a problem
4. The trees along the east and north lot lines .shall not be disturbed, except to
construct a trail and wetland.
5. There shall be a homeowners' association responsible for maintaining the common
land.
Seconded by Councilmember Carlson Ayes - Council members Al I enspach, Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
Lot Area and Lot Width Variances
h. Councilmember Rossbach introduced the following Resolution and moved is
adoption:
94 -02 -22
LOT AREA AND LOT WIDTH! VARIANCE RESOLUTION
WHEREAS, Southwind Homes, LLC applied for variances from the zoning ordinance.
WHEREAS, these variances apply to a site plan received by the City on November 12, 1993.
16 2 -14 -94
WHEREAS, these variances apply to two lots on the east and west sides of Beebe Road
totaling 15.59 acres. The legal description is:
Lot 1, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition
WHEREAS, Section 36 -88 of the Maplewood Code of Ordinances requires that each double-
dwelling lot have at least 12,000 square feet of area and 85 feet of lot width.
WHEREAS, the applicant is proposing lot areas of 7,140 square feet and lot widths of
70 feet.
WHEREAS, the history of these variances is as follows:
1. On February 7, 1994, the Planning Commission recommended that the City Council
approve these variances.
2. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners. The Council gave everyone at the hearing an opportunity to
speak and present written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above -
described variances for the following reasons:
1. There is an unusual hardship. A homeowners' association will own and maintain
the land that the developer would normally use to meet the lot area and
frontage requirements.
2. These variances would meet the ordinance's intent since the project would meet
the City's density requirement.
3. The City approved similar variances for the Holloway Pond Town House project.
Seconded by Councilmember Carlson Ayes - Councilmembers Al 1 enspach, Carl son,
Koppen, Rossbach
Nays - Mayor Bastian
Easement Vacation
i. Councilmember Rossbach introduced the following Resolution and moved is
ado tion:
94 - 02 ` = 23
VACATION OF WUWAY EASEMENT
WHEREAS, Southwind Homes, LLC requested that the City vacate a ten - foot -wide walkway
easement described as Document Number 2437518.
WHEREAS, the history of this vacation is as follows:
1. A majority of the property owners abutting this easement signed a petition for
this vacation;
2. On February 7. 1994, the Planning Commission recommended that the City Council
approve this vacation.
17 2 -14 -94
3. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the abutting
property owners. The Council gave everyone at the hearing a chance to speak
and present written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
WHEREAS, after the City vacates this easement, public interest in the easement will go
to Lot 1, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition.
NOW. THEREFORE, BE IT RESOLVED that the City Council approve the above - described
vacation for the following reasons:
1. It is in the public interest. The new easement will save trees and make it
easier to identify the water line.
2. The developer will dedicate a new easement to the north of the existing
easement.
This vacation is subject to the property owner dedicating a new easement to the
City.
Seconded by Councilmember Carlson Ayes - all
Preliminary Plat
j. Councilmember Rossbach moved to approve the Southwinds Townhomes_ preliminary_
uouncii approves ine_rina_i piai:
1) Have the City Engineer approve the final construction plans. These
plans shall include the grading, tree preservation, internal street,
utility, erosion control and drainage plans. The erosion control plan
shall be consistent with the Ramsey Soil and Water Conservation
District Erosion Control Handbook.
2) Make the following changes to the plat:
a) Show a drainage easement around the proposed sediment pond
and ten feet beyond the proposed wetland boundaries. This
easement shall include the area between the east -west trail
and the wetland to the south of the trail. This easement
shall prohibit any mowing, cutting, filling or dumping,
including yard waste.
b) Show the wetland boundary, as approved by the Watershed
Board, on the plat.
c) Move the east -west walkway easement north to generally
follow the water line and designate the easement for trail
use. Widen the first 200 feet of the east -west trail
easement from Furness Street to fourteen feet to accommodate
public works equipment. The Williams Brothers Pipe Line
Company must approve the new easement before the developer
begins to construct the trail.
d) Provide a ten -foot wide trail easement from Furness to
Larpenteur along the east side of the plat,, with the
location to be approved by staff.
3. Give the School District a driveway easement over the north 95 feet
of the plat that is west of Beebe Road.
4. Sign an agreement with the City. This agreement shall guarantee that
the developer will complete all public improvements and meet all City
requirements. This agreement shall require that the developer:
18 2 -14.94
a) Install and maintain permanent signs around the edge of the
drainage easements. These signs shall state that there shall
be no mowing, cutting, filling or dumping beyond this point.
b) Construct the east -west trail along with the Phase I
construction. The trail shall be 12 feet wide for the first
200 feet from Furness Street and 8 feet wide the rest of the
way. The first 200 feet shall be strong enough to support
public works equipment.
c) Install a five - foot -wide concrete sidewalk along Beebe Road
from the north property line to the south property line. The
developer shall install the portion of the sidewalk fronting
each phase with that phase's construction. The developer
shall install the remaining sidewalk no later than with the
last phase.
If the developer decides to final plat part of the preliminary plat, the
Director of Community Development may waive any conditions that do not
apply to the final plat.
Seconded by Councilmember Carlson Ayes - Council members All enspach, Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
Design Plans
k. Councilmember Rossbach moved to approve the site plan, _landscaping . plan and
building elevations stamped November 12 1993 with the following conditions:
1) Repeat this review in two years if the City has not issued a
building permit for this project.
2) The developer shall complete the following before the City issues a
building permit:
a) Revise the plan as follows:
1) Widen the drive aisle for the seven parking spaces
west of Beebe Road to 24 feet.
2) Provide at least 18- foot -long driveways for Units
23 and 24.
b) Provide the following for the City Engineer's approval
before the City issues a building permit:
1) A drainage easement around the proposed sediment pond and ten feet beyond
the proposed wetland boundaries. This easement shall include the area
between the east -west trail and the wetland to the south. This easement
shall prohibit any mowing, cutting, filling or dumping, including yard
waste.
2) A grading, drainage, utility and erosion control
plan. The erosion control plan shall be consistent
with the Ramsey Soil and Water Conservation
District Erosion Control Handbook.
c) Revise the landscape plan showing that:
1) All deciduous trees are at least 2 112 inches in
caliper, balled and burlapped.
2) All evergreen trees are at least six- feet -tall.
3) Complete the following before occupying the buildings:
a) Replace property irons that are removed because of this
construction.
b) Restore and sod damaged boulevards.
c) Install permanent signs around the edge of the drainage
easements. These signs shall state that there shall be no
mowing, cutting, filling or dumping beyond this point.
19 2 -14 -94
d) Install an underground sprinkler system for all landscaping
code requirement).
e) Provide an address sign at the main entrances for the
buildings that do not have direct access to a public street.
Put address signs on the buildings.
f) Post the driveways for no- parking on one side.
g) Sod all proposed turf areas up to the drainage easements.
Turf areas shall not include land planned to remain natural.
h) Move the east -west walkway easement north to generally
follow the water line and designate the easement for trail
use. Widen the first 200 feet of the east -west trail
easement from Furness Street to fourteen feet to accommodate
public works equipment. The Williams Brothers Pipe Line
Company must approve the new easement before the developer
begins to construct the trail.
i) Construct the east -west trail with the Phase I construction.
The trail shall be 12 feet wide for the first 200 feet from
Furness Street and 8 feet wide the rest of the way. The
first 200 feet shall be strong enough to support public
works equipment.
j) The developer shall install a five -foot -wide concrete
sidewalk along Beebe Road from the north property line to
Larpenteur Avenue. The developer shall install the portion
of the sidewalk fronting each phase with that phase's
construction. The developer shall construct the remaining
sidewalk no later than with the last phase.
4) Having the location of each building staked by a registered land
surveyor.
5) If any required work is not done, the City may allow temporary
occupancy if:
a) The City decides that the work is not essential to the
public health, safety or welfare.
b) The City receives a cash escrow or an irrevocable letter of
credit for the required work. The amount shall be 150% of
the cost of the unfinished work.
c) The City receives an agreement that will allow the City to
complete any unfinished work.
6) All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councilmember Carlson Ayes - Council members All enspach, Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
H. AWARD OF BIDS
E1131
I. UNFINISHED BUSINESS
1. Barbed Wire Fencing Ordinance (2nd Reading)
Heard after G -2
2. Community Design Review Board Ordinance (2nd Reading)
Heard after G -4
20 2 -14 -9a
3. Majority Vote Ordinance (2nd Reading)
Heard after I -2
J. NEW BUSINESS
l.. Maplewood Open Space Committee's Update of Property Prioritization
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was /were heard:
Dominic Ramacier, 865 Lakewood, Chairman of Open Space Committee.
d. Councilmember Carlson moved to accept the Open Space Committee's revised
property list to use in the acquisition process.
Seconded by Councilmember Allenspach Ayes - all
2. Community Center Contingency Request
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 -02- 24
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT - STEININGER CONSTRUCTION
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has
let a contract for the grading and soils corrections; and
WHEREAS, the soils engineer has found unsuitable soils for safe and proper
foundation and support for the building; and
WHEREAS, the contract with Steininger Construction contains unit prices for the
removal /on -site disposal of poor soils and the import of clean fill; and
WHEREAS, it is not necessary and expedient that said contract be modified and
designated as Community Center Project Grading and Soils Corrections Change Order
3 to allow the recommended soils corrections.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 3 in an amount of $32,618.
The contract is amended per the following detail:
Current Contract $247,764
Change Order #3 32:618
Amended Contract 5280 .
Seconded by Councilmember Carlson Ayes - all
21 2 -14 -94
d. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 -02- 25
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT - ADOLFSON & PETERSON
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has
let a contract with Adolfson & Peterson for general construction; and
WHEREAS, the soils engineer and construction manager have found unsuitable
soils for safe and proper foundation and support for the building and are
recommending changes in design construction; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project A&P Change Order 3 to allow the recommended
changes in design.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 3 in an amount of $68,267.
The contract is amended per the following detail:
Current Contract $5,401,949
Change Order #3 68.267
Amended Contract $5,470,216
Seconded by Councilmember Carlson Ayes all
e. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 -02 -26
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT - DOODY MECHANICAL
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has
let a contract with Doody Mechanical, Inc., and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Doody Mechanical Change Order 2 to allow the
recommended changes in design.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 2 in an amount of ($2,103 ).
The contract is amended per the following detail:
Current Contract $2,126,633
Change Order #2 (2.1
Amended Contract 52,124,530
Seconded by Councilmember Carlson Ayes - all
22 2 -14 -94
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 -02 -27
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT HUNT ELECTRIC
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City -owned community center, Community Center Project, and has
let a contract with Hunt Electric; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Hunt Electric Change Order 2 to allow the
recommended changes in design.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that
the Mayor and City Clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 2 in an amount of $8,159.
The contract is amended per the following detail:
Current Contract $937,656
Change Order #2 8.159
Amended Contract $945,815
Seconded by Councilmember Carlson Ayes - all
3. Insurance for Open Meeting Law Defense Costs
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Rossbach moved to table this item until 1995 Budget preparation
time.
Seconded by Councilmember Koppen Ayes - all
4. Open Space Site
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Dominic Ramacier, 865 Lakewood
Janet Grant, 1709 McKnight Lane
Jerry Resong, 1888 Myrtle Street, presented a petition signed by
area residents requesting the area by Sterling & Ripley
be kept for open space.
d. Councilmember Carlson
F. and G. south of Linwood Ave.. east of Linwood_.Court_
Seconded by Councilmember Rossbach Ayes - all
23 2 -14 -94
5. Districts for Commissions and Boards
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report.
c. Mayor Bastian moved to accept staff recommendation and take no action on
setting up a ward or district system for appointing board and commission
members.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
NONE
L.. COUNCIL PRESENTATIONS
1. Sidewalk From Here to Nowhere
a. Councilmember Rossbach stated he had received a letter regarding sidewalks that
go nowhere.
b. Councilmember Carlson moved to direct staff to research activating an advisor
committee on planning sidewalks.
Seconded by Councilmember Koppen Ayes - all
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
DISCUSSED WITH J -4
N. ADJOURNMENT OF MEETING
9:55 P.M.
Lucille E. Aurelius
City Clerk
24 2 -14 -94
MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, February 24, 1994
Council Chambers, Municipal Building
Meeting No. 94 -04
A. CALL TO ORDER
A special meeting of the City Council of Maplewood, Minnesota was held in theCouncil
Chambers, Municipal Building, and was called to order at 4:30 P.M. by Acting Mayor
Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Gary W. Bastian, Mayor
Sherry Allenspach, Councilmember
Dale H. Carlson, Councilmember
Marvin C. Koppen, Councilmember
George F. Rossbach, Councilmember
Arrived at 4:30 P.M.
Present
Present
Present
Present
D. APPROVAL OF AGENDA
Councilmember Carlson moved to approve the Agenda as submitted.
Seconded by Councilmember Allenspach Ayes - all
E . AWARD OF BIDS
1. 1994 Open Space Bonds
a. Assistant Manager Maglich presented the staff report.
b. Mr. Dan Hartman, Springsted, Inc. presented the specifics of the report,
and confirmed Moody's rating of the City at AA.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Carlson introduced the following Resolution, awarding the
bid for the sale of 1994 Open Space Bonds to FBS Investment Services,
Inc., and moved its adoption:
94 -02 -28
RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF
5,000,000 GENERAL OBLIGATION OPEN SPACE BONDS, SERIES 1994A,
PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF
SEE ATTACHED)
Seconded by Councilmember Rossbach Ayes - all
F. ADJOURNMENT
4:39 P.M.
Lucille E. Aurelius
City Clerk
2 -28 -94
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA
HELD: February 24, 1994
Pursuant to due call and notice thereof, a special
meeting of the City Council of the City of Maplewood, Ramsey
County, Minnesota, was duly called and held at the City Hall in
said City on Thursday, the 24th day of February, 1994, at 4:30
P. M. , for the purpose of considering bids for, and awarding the
competitive negotiated sale of, $5,000,000 General Obligation
Open Space Bonds, Series 1994A of the City.
The following members were present:
Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen, Kossbach
and the following were absent: None
The City Clerk presented bids on $5,000,000 General
Obligation Open Space Bonds, Series 1994A of the City, for which
proposals were to be received, opened and tabulated by the City
Clerk, or her designee, this same day, in accordance with the
resolution adopted by the City Council on January 10, 1994.
The following proposals were received, opened and
tabulated at 11:00 A.M., Central Time, at the offices of
Springsted Incorporated, in the presence of the City Clerk, or
her designee, on this same day:
Bidder Interest Rate True Interest Cost
254436
The Council then proceeded to consider and discuss the
bids, after which member Carlson introduced the following
resolution and moved its adoption:
94 -02 -28
RESOLUTION ACCEPTING SID ON THE COMPETITIVE
NEGOTIATED SALE OF
5,000,000 GENERAL OBLIGATION OPEN SPACE
BONDS, SERIES 1994A, PROVIDING FOR THEIR ISSUANCE
AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Maplewood.Minnesota (the "City "), has heretofore determined and declared
that it is necessary and expedient to issue $5,000,000 General
Obligation Open Space Bonds, Series 1994A of the City, pursuant
to.Minnesota Statutes, Chapters 475, to finance the acquisition
of land and for the betterment of open space (the "Land" ) ; and
Be WHEREAS, pursuant to said determination the City
has caused an election to be held on November 2, 1993, at which
the electorate approved the issuance of not to exceed $5,000,000
of general obligation bonds for the Land; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Maplewood, Minnesota, as follows:
1. Acceptance of. Bid The bid of FBS Investment Services, Inc
the "Purchaser "), to purchase $5,000,000 General Obligation Open
Space Bonds, Series 1994A of the City (the "Bonds ", or
individually a "Bond "),, in accordance with the terms of ro osalpp ,
at the rates of interest hereinafter set forth, and to paythereforthesumof $4,940,,000 , plus interest accrued to
settlement, is hereby found, determined and declared to be the
most favorable bid received and is hereby accepted, and the Bonds
are hereby awarded to said bidder. The City Clerk is directed to
retain the deposit of said bidder and to forthwith return to the
unsuccessful bidders their good faith checks and drafts.
20 Title; Original Issue Date; Denominations;
MAturities The Bonds shall be titled "General Obligation open
Space Bonds, Series 1994A ", shall be dated March 1, 1994, as the
date of original issue and shall be issued forthwith on or after
such date as fully registered bonds. The Bonds shall be n ered
from R -1 upward in the denomination of $5.,000 each or in anyintegralmultiplethereofofasinglematurity. The Bonds sgy hall
mature on October 1 in the years and amounts as follows:
e r amount Year Amount
1995 40,000 2005 250,000
1996 175,000 2006 260,000
1997 180 2007 275,000
1998 190,000 2008 285,000
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2
1999 195,000 2009 300,000
2000 200,000 2010 315,000
2001 210,000 2011 330,000
2.002 220,000 2012 350, 000
2003 230,000 2013 370,000
2004 240,000 2014 385,000
3. Purpose The Bonds shall provide funds to finance
the Land. The total cost of the Land, which shall include all
costs enumerated in Minnesota Statutes, Section 475.65, is
estimated ta be at least equal to the amount of the Bonds.
Acquisition of the Land shall proceed with due diligence to
completion.
4. Interest The Bonds shall bear interest payable
semiannually on April land October 1 of each year (each, an
Interest Payment Date "), commencing April 1, 1995, calculated on
the basis of a 360 -day year of twelve 30 -day months, at the
respective rates per annum set,forth opposite the maturity years
as follows:
Maturity Interest Maturity Interest
Year Rate Year Rate
1,995 3.25 2005 40-80%
1996 3.50 2006 4190
1997 3.75 2007 5.00
1998 4.00 2008 5.10
1999 4.15 2009 5.15
2000 4.30 2010 5.20
2001 4.40 2011 5.25
2002 4.50 2012 5.30
2003 4.60 2013 5.35
2004 4.70 2014 5.40
5. Redemption All Bonds maturing in the years
2004 to 2014, both inclusive, shall be subject to redemption and
prepayment at the option of the City on October 1, 2003, and on
any date thereafter at a price of par plus accrued interest.
Redemption may be in whole or in part of the Bonds subject to
prepayment. if redemption is in part, the maturities and the
principal amounts within each maturity to be redeemed shall be
determined by the City; and if only part of the Bonds ahavingg
common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar.Bonds or portions thereof called for redemption shall be due and
payable on the redemption date, and interest thereon shall cease
to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each
affected registered holder of the Bonds.
25"36
3
To effect a partial redemption of Bonds having a common
maturity date, the Bond Registrar prior to giving notice of
redemption shall assign to each .Bond having a common maturit
date a distinctive number for each $5,000 of the principal amount
of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its
discretion, from the numbers so assigned to such Bonds, as many
I
umbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed
shall be the Bonds to which were assigned numbers so selected;
provided, however, that only so much of the principal amount.of
each such Bond of a denomination of more than $5, shall be
redeemed as shall equal $5,000 for each number assigned to it and
so selected. If a Bond is to be redeemed only in part, it shall
be surrendered to the Bond Registrar (with., if the City or Bond
Registrar so requires.. a written instrument of transfer in form
satisfactory to the City and Bond Registrar duly executed b the
holder thereof or his, her or its attorney duly authorized in
writing) and the City shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such
Bond, without service charge, a new Bond or Bonds of the same
series having the same stated maturity and interest rate and of
any authorized denomination or denominations, as requested b
such Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond
so surrendered.
60 Bond Registrar Norwest Bank Minnesota, National
Association, in Minneapolis Minnesota is
appointed to act as bond registrar and transfer agent with
respect to the Bonds (the "Bond Registrar "), and shall do so
unless and until a successor Bond Registrar is duly appointed,
all pursuant to any contract the City and Bond Registrar shall
execute which is consistent herewith. The Bond Registrar shall
also serve as paying agent unless and until a successor paying
agent is duly appointed. Principal and interest on the Bonds
shall be paid to the registered holders (or record holders ) of
the Bonds in the manner set forth in the form of Bond and
paragraph 12 of this resolution.
7. Form. of Bond The Bonds, together with the Bond
Registrar's Certificate of Authentication, the form of Assignment
and the registration information thereon, shall be in
substantially the following form:
254436
4
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-
INTEREST
RATE
S
GENERAL OBLIGATION OPEN SPACE
BOND, SAES 1994A
MATURITY DATE OF
DATE QRIGINAL ISSUE CUSIp
MARCH 1, 1.994
REGISTERED OWNER:
PRINCIPAL AMOUNT:DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that the City of
Maplewood, Ramsey County, Minnesota (the "Issuer") , certifies
that it is .indebted and for value received promises to pay to the
registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified
above, on the maturity date specified above, un.l ess Kcal 1 ed for
earlier redemption, and to pay interest thereon semiannually on
April 1 and October l of each year (each, an "Interest .Payment
Date ") , commencing April 1, 1995, at the rate per annum specified
above (calculated on the basis of a 360 -day year of twelve 30 -day
months) until the principal sum is paid or has been provided for.
This Bond will bear interest from the most recent Interest
Payment Date to which interest has been paid or, if no interest
has been paid, from the date of original issue hereof . The
principal of and premium., if any, on this Bona are payable upon
presentation and surrender hereof at the principal office of
in ,
the "Bond Registrar "), acting as paying
agent, or any successor paying agent duly appointed by the
Issuer. Interest on this Bond will be paid on each Interest
Payment Date by check or draft mailed to the person in whose name
this Bond is registered (the "Holder" or "Bondholder ") on the
registration books of the Issuer maintained by the Bond Registrar
and at the address appearing thereon at the close of business on
the fifteenth day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date"),, Any interest
not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be
payable to the person who is the Holder hereof at the close of.
business on a date (the "Special Record Date ") fixed b y the Bond
Registrar whenever money becomes available for payment of the
2s"36
5
defaulted interest. Notice of the Special Record Date shall be
given to Bondholders not less than ten days prior to the Special
Record Date. The principal of and premium, if any, and interest
on this Bond are payable in lawful money of the United States of
America,
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HERESY CERTIFIED AND RECITED that.all acts,
conditions and things required by the to and laws of
the State of Minnesota to be done, to happen and to be performed,
precedent to and in the issuance of this Bond, have been done,
have happened and have been performed, in regular and due form,
time and manner as required by law, and that this Bond, together
with all other debts of the Issuer outstanding on the date of
original issue hereof and the date of its issuance and delivery
to the original purchaser, does not exceed any constitutional or
statutory limitation of indebtedness
IN WITNESS WHEREOF, the City of Maplewood, Ramsey
County, Minnesota, by its City Council has caused this Bond to be
executed on its behalf by the facsimile signatures of its Mayor
and its Clerk, the corporate seal of the Issuer having been
intentionally omitted as permitted by law.
2s "36
6
Date of Registration: Registrable by:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within
Payable at:
CITY OF MAPLEWOO D ,
RAMSEY COUNTY, MINNESOTA
Z-al Facsimile
Mayor
s /..Facsimile
Clerk
Bond Registrar
By
Authorized Signature
254436
7
ON REVERSE OF BOND
Redemption All Bonds of this issue (the "Bonds ")
maturing in the years 2004 to 2014, both inclusive, are subject
to redemption and prepayment at the option of the Issuer on
October 1, 2003, and on any date thereafter at a price of parp
plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to'prepayment. If redemption is in part, the
maturities and the principal amounts within each maturity to be
redeemed shall be determined by the Issuer; and if only . part of.
the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by
lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and
interest thereon shall cease to accrue from and after the
redemption date. Mailed notice of redemption shall be given to
the paying agent and to each affected Holder of the Bonds.
lect on of Bon s forjaedemptionv Partial a em t ' on.
To effect a partial redemption of Bonds having a common maturity
date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then
select by lot, using such method of selection as it shall deem
proper in its discretion, from the numbers assigned to the Bonds
as many numbers as, at $5,000 for each number, shall equal the
principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal
amount of such Bond of a denomination of more than $5,000 shall
be redeemed as shall equal $5,000 for each number assigned to it
and so selected. If a Bond is to be redeemed only in part, it
shall be surrendered to the Bond Registrar (with, if the Issuer
or Bond Registrar so requires, a written instrument of transfer
in form satisfactory to the Issuer and Bond Registrar dulyY
executed by the Holder thereof or his, her or its attorney duly
authorized in writing) and the Issuer shall execute if
necessary) and the Bond Registrar shall authenticate and deliver
to the Holder of such Bond, without service charge, a new Bond org
Bonds of the same series having the same stated maturity and
interest rate and of any authorized denomination or
denominations, as requested by such Holder, in aggregate
principal amount equal to and in exchange for the unredeemed
portion of the principal of the Bond so surrendered.
Issuance: Purpose; General Obligation This Bond is
one of an issue in the total principal amount of $5,000,000, all
of like date of original issue and tenor exce t asto numbr
maturity, interest rate, denomination and redemption privilege,
which Bond has been issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and
254436
8
pursuant to a resolution adopted by the City Council of the
issuer on February 24, 1994 (the "Resolution "), for the purpose
of providing money to defray the expense of the acquisition of
land for open space within the Issuer. This Bond is payable out
of the General obligation open Space Bonds, Series 1994A Fund of
the Issuer. This Bond constitutes a general obligation of the
Issuer, and to provide moneys for the prompt and full payment of
its principal, premium, if any, and interest when the same become
due., the full faith and credit and taxing powers of the Issuer
have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution The Bonds are
issuable solely as fully registered bonds in the denominations of
5,000 and integral multiples thereof of a single maturity and
are exchangeable for fully registered Bonds of other authorized
denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner
and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of
the rights and duties of the Bond Registrar. Copies of the
Resolution are on file in the principal office of the Bond
Registrar.
Transfer This Bond is transferable by the Holder in
person or by his, her or its attorney duly authorized in writing
At the principal office of the Bond Registrar upon presentation
and surrender hereof to the Bond Registrar, all subject to the
terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the
Bond Registrar. Thereupon the Issuer shall execute and the Bond
Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar
designation, of an authorized denomination or denominations, in
aggregate principal amount equal to the principal amount of this
Bond, of the same maturity and bearing interest at the same rate.
Fees uuon Transferor Loss The Bond Registrar may
require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or
exchange of this Bond and any legal or unusual costs regarding
transfers and lost Bonds.
Treatment of Registered owners The Issuer and Bond
Registrar may treat the person in whose name this Bond is
registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided on the
reverse side hereof with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and
neither the Issuer nor the Bond Registrar shall be affected by
notice to the contrary.
25 "36
9
Authentication This Bond shall not be valid or become
obligatory for any purpose or be entitled to any security unless
the Certificate of Authentication hereon shall ' have been executed
by the Bond Registrar.
Not. Qualified Tax-- Exemot Obl iaation This Bond has not
been designated by the Issuer as a "qualified tax- exempt
obligation" for purposes of Section 265 (b) (3.) of the Internal
Revenue Code of 1986, as amended.
ABBREVIATIONS
The following abbreviations, when used in the inscription on
the face of this Bond, shall be construed as though they were
written out in full according to applicable laws or regulations.
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UT'MA - as custodian for
Cust) (Minor
under the Uniform
State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list.
254436
10
ASSIGNMENT
For value received,
assigns and transfers unto
hereby irrevocably constitute
attorney to transfer the Bond
registration thereof , with fu;
premises.
the undersigned hereby sells.,
the within Bond and does
and appoint
on the books kept for the
11 power of substitution in the
Dated:
Notice: The.assignor's signature to this
assignment must correspond with the name
as it appears
I
upon the face of the
within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
Signatures) must be guaranteed by a national bank or trust
company or by albrokerage firm having a membership in one of the
major stock exchanges or any other "Eligible Guarantor
Institution" as def fined in 17 CFR 240 0 17 Ad -15 (a) ( .
The Bond Registrar will not effect transfer of this Bond
unless the information concerning the transferee requested below
is provided.
Name and Address:
Include information for all j oint owners
if the Bond is held by joint account.)
25 "36
11
So Execution; Temporary Bonds The Bonds shall be
executed on behalf of the City by the signatures of its Mayor and
Clerk and be sealed with the seal of the. City; provided, however,
that the seal of the City may be a printed facsimile; and
provided further that both of such signatures may be printed
facsimiles and the corporate seal may be omitted on the Bonds as
permitted by law. In the event of disability or resignation or
other absence of either such officer, the Bonds may be signed by
the manual or facsimile signature of that officer who may act on
behalf of such absent or disabled officer. In case either such
officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the
delivery of the Bonds, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same
as if he or she had remained in of f ice until delivery. The City
may elect to deliver, in lieu of printed definitive bonds, one or
more typewritten temporary bonds in substantially the fora set
forth above, with such changes as may be necessary to reflect
more than one maturity in a single temporary bond. Such
temporary bonds may be executed with photocopied facsimile
signatures of the Mayor and Clerk. Such temporary bonds shall,
upon the printing of the definitive bonds and the execution
thereof, be exchanged therefor and canceled.
9. Authentication No Bond shall be valid or
obligatory for any purpose or be entitled to any security or
benefit under this resolution unless a Certificate of
Authentication on such Bond, substantially in the form
hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of
Authentication on different Bonds need not be signed by the same
person. The Bond Registrar shall authenticate the signatures of
officers of the City on each Bond by execution of the Certificate
of Authentication on the Bond and by inserting as the date of
registration in the space provided the date on which the Bond is
authenticated, except that for purposes of delivering the
original Bonds to the Purchaser, the Bond Registrar shall .insert
as a date of registration the date of original issue, which date
is March 1, 1994. The Certificate of Authentication so executed
on each Bond shall be conclusive evidence that it has been
authenticated and delivered under this resolution.
lo. Reaistration; Transfer: Exchange The City will
cause to be kept at the principal office of the Bond Registrar a
bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall
provide for the registration of Bonds and the registration of
transfers of Bonds entitled to be registered or transferred as
herein provided.
Upon surrender for transfer of any Bond at the
principal office of the Bond Registrar, the City shall execute
2u436
12
if necessary), and the Bond Registrar shall authenticate, insert
the date of registration (as provided in paragraph 9) of and
deliver, in the name of the designated transferee or transferees
one or more new Bonds of any authorized denomination or
denominations of a like aggregate principal amount, having the
same stated maturity and interest rate,.as requested by the
transferor; provided, however, that no Bond may registered in
blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for
Bonds of any authorized denomination or denominations of a like
aggregate principal amount and stated maturity, upon surrender of
the Bonds to be exchanged at the principal office of the Bond
Registrar. Whenever any Bonds are so surrendered for exchange,
the City shall execute (if necessary), and the Bond Registrar
shall authenticate, insert the date of registration of, and
deliver the Bonds which the Holder making exchange is
entitled to receive.
All Bonds surrendered upon any exchange or transfer
provided for in this resolution shall be promptly canceled by the
Bond Registrar and thereafter disposed of as directed by the
city.
All Bonds delivered in exchange for or upon transfer of
Bonds shall be valid general obligations of the City evidencing
the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or
exchange shall be duly endorsed or be accompanied by a written
instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or his, her or its
attorney duly authorized in writing.
The Bond Registrar may require payment of a sun
sufficient to cover any tax or other governmental'char e payable
In
g p y
connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable
regulations of the City contained in any agreement with the Bond
Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment
dates. The Clerk is hereby authorized to negotiate and execute
the terms of said agreement.
11. Rights URon Transfer or Exchange Each Bond
del ivered upon transfer of or in exchange for or in lieu of any
other Bond shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Bond.
25"36
13
12. Interest Pavment v Record Date Interest on any
Bond shall be paid on each Interest Payment Date by check or
draft mailed to the person in whose name the Bond is registered
the "Holder ") on the registration books of the city maintained
by the Bond Registrar and at the address appearing thereon at the
close of business on the fifteenth (15th) day of the calendar
month next preceding such Interest Payment Date (the "Regular
Record Date"),, Any such interest not so timely paid shall cease
o be payable to the person who is the Holder thereof as of the
Regular Record Date, and shall be payable to the person who is
the. Holder thereof at the close of business on a date (the
Special Record Date ") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given by the Bond Registrar
to the Holders not less.than ten (10) days prior to the Special
Record Date.
13. Treatment of Recristered Owner The City and Bond
Registrar may treat the person in whose name any Bond is
registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and .interest
subject to the payment provisions in paragraph 12 above) on,
such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond
Registrar shall be affected by notice to the contrary.
14. Delivery; Anolication of Proceeds The Bonds when
so prepared and executed shall be delivered by the Finance
Director to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper
application thereof.
15, Funds. There is hereby created a capital projects
fund to be designated the "Open Space Land Acquisition Fund" to
be administered and maintained by the Finance Director in the
official financial records of the City. To the Open Space LandpP
Acquisition Fund, there shall be credited the proceeds of the
sale of the Bonds, less accrued interest received thereon and
less any amount paid for the Bonds in excess of $4,935,000. From
the open Space Land Acq Fund there shall be aid alp 1
costs and expenses of the Land, including the cost of any
purchase contracts heretofore let and all other costs incurred
and to be incurred of the kind authorized in Minnesota Statutes
Section 475.65; and the moneys in said account shall be used for
no other purpose except as otherwise provided by law; provided
that the proceeds of the Bonds may also be used to the extent
necessary to pay interest on the Bonds due prior to the
anticipated date of commencement of the collection of taxes
herein levied or covenanted to be levied.
There is hereby created a debt service fund to be designated
the "General Obligation Open Space Bonds, Series 1994A Fund" (the
25".36
14
Debt Service Fund ") to be administered and maintained by the
Finance Director in the Official financial records of the City.
The Debt Service Fund shall maintained in the manner herein
specified until all of the Bonds and the interest thereon have
been fully paid. There are hereby irrevocably appropriated and
pledged to, and there shall be credited to, the Debt Service
Fund: (a) all accrued interest received upon delivery of the
Bonds; (b) all funds paid for the Bonds in excess of $
c) any collections of all taxes herein or hereafter levied for
the payment of the Bonds and interest thereon; (d) all funds
remaining in the open Space Land Acquisition Fund after
acquisition of the Land and payment of the costs thereof; (e) all
investment earnings on funds held in the Debt Service Fund; and
f) any and all other moneys which are properly available and are
appropriated by the governing body of the City to the Debt
Service Fund. The Debt Service Fund shall be used solely to pay
the principal and interest and any premiums for redemption of the
Bonds and any other general obligation bonds of the City
hereafter issued by the City and made payable from said account
as provided by law.
No portion of the proceeds of the Bonds shall be used
directly or indirectly to acquire higher yielding investments or
to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (1) for a reasonable
temporary period until such proceeds are needed for the purpose
for which the Bonds were issued and (2) in addition to the above
in an amount not greater than the lesser of five percent (5 %) of
the proceeds of the Bonds or $ To this effect, any
proceeds of the Bonds and any sums from time to time held in the
Open Space Land Acquisition Fund or Debt Service Fund (or any
other City account which will be used to pay principal or
interest to become due on the bonds payable therefrom) in excess
of amounts which under then - applicable federal arbitrage
regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such
investments after taking into account any applicable "temporary
periods" or "minor portion" made available under the federal
arbitrage regulations. Money in the Open Space Land Acquisition
Fund and Debt Service Fund shall not be invested in obligations
or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the
extent that such investment would cause the Bonds to be
federally guaranteed" within the weaning of Section 149(b) of
the Internal Revenue Code of 1986, as amended (the "Code ").
16. Tax Levy; Coveraae Test To provide moneys for
payment of the principal and interest on the Bonds there is
hereby levied upon all of the taxable property in the CityY a
direct -annual ad valorem tax which shall be spread upon the tax
254436
15
rolls and collected with and as part of other general propertytaxesintheCityfortheyearsandintheamountsasfollows:
Year of Tax Year of Tax
Levy Collection count
1994 1995 442F3O2
1995 1996 435
1996 1997 434,025
1997 1998 437,438
1998 1999 434,708
1.999 2000 431,461
2000 2001 432,931
2001 2002 433,729
2002 2003 433,834
2003 2004 433,225
2004 2005 431,881
2005 2006 429,781
2006 2007 432,154
2007 2008 42.8,217
2008 2009 428,705
2009 2010 428
2010 2011 426,783
2011 2012 429,592
2012 2013 431,115
2013 2014 426,080
The tax levies are such that if collected in full they,together with estimated collections of revenues herein led edpgforthepaymentoftheBonds, will produce at least five percent5 %) in excess of the amount needed to meet when due the
Principal and interest payments on the Bonds. The tax levies
shall be irrepealable so long as any of the Bonds are outstandingandunpaid, provided that the City reserves the overrightandgptoreducetheleviesinthemannerandtotheextentermitted bpYMinnesotaStatutes, Section 475.61, Subdivision 3.
17. Defeasance, When all Bonds have been dischargedasprovidedinthisparagraph, all pledges, covenants apg , and other
rights granted by this resolution to the registered holders of
the Bonds shall, to the extent permitted by law, cease. The CitymaydischargeitsobligationswithrespecttoanyBondswhichare
due on any date by irrevocably gdepositingwiththeBondRegistrar
on or before that date a sum sufficient for the payment thereofinfull; or if any -Bond should not be aid whenp due, it mayneverthelessbedischargedbydepositingwiththeBondRegistrarasumsufficientforthepaymentthereofinfullwithinterest
accrued to the date of such deposit. The City may also dischargeitsobligationswithrespecttoanprepayableyBondscalledfor
redemption on any date when they are prepayable accordin g to
their terms, by depositing with the Bond Registrar on or beforethatdateasumsufficientforthepaymentthereofinfull,
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provided that notice of redemption thereof has been duly given.
The City may also at any time discharge its obligations with
respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositin
irrevocably in escrow, with a suitable banking institution
qualified ' by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475..67,
Subdivision 8, bearing interest payable at such times and at such
rates and maturing on such dates as shall be required, subject to
sale and /or reinvestment, to pay all amounts to become due
thereon to - maturity or, if no }ice of redempt as here
required has been duly provided for, to such earlier redemption
date..
18. Com liance With Reimbursement Bond Regglations.
The provisions of this paragraph are intended to establish and
provide for the City's compliance with United States Treasury
Regulations Section 1.103 - 18 (the "Reimbursement Regulations ")
applicable to the "reimbursement proceeds" of the Bonds bein
those portions thereof which will be used by the City to
reimburse itself for any expenditure which the City p aid or will
have paid prior to the Closing Date (an "Expenditure "),
The City hereby certifies and /or covenants as follows:
a) On or bef ore the date of payment of each Expenditure,
the City (or person designated to do so on behalf of
the City) made or will have made a written declaration
of the City's official intent (a "Declaration" ) which
effectively (i) states the City's intention and
reasonable expectation to reimburse itself for the
payment of the Expenditure out of the proceeds of a
subsequent borrowing; (ii) gives a general and
functional description of the property, project or
program to which the Declaration relates and /or
identifies a specific fund or account of the City and
the general functional purpose thereof from which the
Expenditure was to be paid (collectively the
project "); (iii) states the maximum principal amount
of debt expected to be issued by the City for the
purpose of financing the Project; and (iv) states
specifically that th Declaration is a declaration of
official intent under Treasury Regulations Section
1.103 -18; provided, however, that no such Declaration
shall necessarily have been made with respect top
preliminary expenditures" for the Project, defined in
the Reimbursement Regulations to include engineering or
architectural expenses and similar prefatory expenses,p Y ,
which in the aggregate do not exceed 20% of the "issue
price" of the Bonds. Notwithstanding the foregoing,
with respect to Expenditures made by the City prior to
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March 2, 1992, the City hereby represents that there
exists objective evidence, within the meaning of the
Reimbursement Regulations, that at the time the
Expenditure was paid the City expected to reimburse the
cost thereof with the proceeds of a borrowing.
b) As of the date of each Declaration, there were not and
were not thereafter expected to become available
sources of City funds which were or were expected to be
dedicated.or otherwise available on a long -term basis
to provide financing for the Expenditure or Project.
e) Each Declaration was made a part of the publicly
available official books, records or proceedings of the
City and was continuously available for inspection by
the general public at City Hall during regular City
hours beginning not later than-30 days after the makin
of the Declaration and continuing through the date of
issuance of the Bonds, as required by the Reimbursement
Regulations.
d) Each Expenditure, other than the costs of issuing the
Bonds, is a capital expenditure, that is, a cost of a
type that is properly chargeable to a capital account
or would be with a proper election) under general
federal income tax pr
e) The "reimbursement allocation" described in the
Reimbursement Regulations for each Expenditure shall
and w be made f orthwith f o l l owing (but not prior to )
the issuance of the Bonds and in all events within the
period ending on the date which is the later of one
year after payment of the Expenditure or one year after
the date on which the Project to which the Expenditure
relates is first placed in service.
f) Each such reimbursement allocation will be evidenced by
an entry on the official books or records of the Cit Y
maintained for and in connection with the Bonds and
will specifically identify the actual prior ExpenditurexP
or Project or, in the case of the reimbursement of a
particular fund or account described in the applicable
Declaration, the fund or account from which the
Expenditure was paid.
g) The City is unaware of any facts or circumstances which
would cause it to question the reasonability or
accuracy of the content of this paragraph or of any of
the Declarations, or its compl with any of the
covenants herein or therein, including Without
limitation the City's failure to issue alif inY g
reimbursement bonds for costs for which it has made
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declarations of official intent, absent extraordinaryandunforeseeablecircumstancesofthekinddescribed
in the Reimbursement Regulations.
19. General Obligation Pledae For the prompt and
full payment of the principal and interest on the Bonds, as the
same respectively become due, the full faith, credit and taxing
powers of the City shall be and are hereby irrevocably pledged.If the balance p g
ce in the Debt Service Fund is ever to
pay all principal and interest then due on the Bonds and anyotherbonds. payable therefrom, the deficiency shall be rom tlpp YpaidoutofanyotherfundsoftheCitywhichareavailablefor
such purpose, and such other funds.may be reimbursed with or
without interest from the Debt Service Fund when a sufficientfficient
balance is available therein.
20. Certificate of Registration The Clerk is herebydirectedtofileacertifiedcopyofthisresolutionwiththe
County Auditor of Ramsey County, Minnesota, together with such
other information as he or she shall req and to obtain the
ty Auditor iCouncertificatethattheBondshavebeenentered ntheCountyAuditor's Bond Register, and that the tax levyrequiredbylawhasbeenmade.
21. Records and Certificates The officers of the
City are hereby authorized and directed to re are an 'p p d furnish to
the Purchaser, and to the attorneys approving the legalit of theYissuanceoftheBonds, certified copies of all proceed and
records of the City relating to the Bonds and to the financial
condition and affairs of the City, nd such other affidavits,Y idavits,cert . .f icates and information as are required to show the facts
relating to the legality and marketability f the Bondsnds as the
same appear from the books and records under their custody nd
control or as otherwise •y1eknowntothem, and all such certified
cop certificates and affidavits, including an heretofore
furnished shall
Y •
ll be deemed representations of the City as to the
facts recited therein.
22. Negative Covenant as to Use of Proceeds and LandTheCityherebycovenantsnottousetheproceedsoftheBondsor
to use the Land, or to cause or permit them to be used or to
enter into any deferred payment arrangements for the ,
i
g cost of the
Land, i.n such a manner as to cause the Bonds to be "privateactivitybonds" within the meaning f Sectionsg 103 and 141
through 150 of the Code.
23. Tax- Exemot Status of the Bonds; Rebate The CityshallcomplywithrequirementsnecessaryndertheCodeYto
establish and maintain the exclusion from gross income under
Section 103 of the Code of the interest on the Bonds includingwithouti (1) Y periodslrequirementsrelatingtotemporarforinvestments, (2) limitati Ygonsonamountsinvestedata eld
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greater than the yield on the Bonds and (3) the rebate of excess
investment earnings to the United States if the Bonds (together
with other obligations reasonably expected to be issued and
outstanding at one time in this calendar year) exceed the
small issuer exception amount of .$5.,000,000.
For purposes of qualifying for the. exception to the
federal arbitrage rebate requirements for governmental units
or less of bonds, the City hereby finds
0determinesanddeclaresthat (1) the Bonds are issued by a
governmental unit with general taxing powers, (2) no Bord is a.
private activity bond, (3) ninety` -five percent (95 %) or more of
the net proceeds of the Bonds are to be used for local
governmental activities of the City (or of a governmental unit
the jurisdiction of which is entirely within the jurisdiction of
the City),, and (4) the aggregate face amount of all tax- exemptbondsotherthan •private activity bonds) issued by the City ..(and
all subordinate entities thereof, and all entities treated as one
issuer with the City) during the calendar earissuer n which the Bonds
are issued and outstanding at one time is not reasonably expected
to exceed $5,000,000, all within the meaning of Section
14 8 (f) (4) (D) of the Code.
24 . No Designation of Qualif ied Tax - xem t
Obligations The Bonds exceed in amount those which ma beY
qualified as "qualified tax-- exempt obligat ions" within the
meaning of Section 265 (b) (3) of the Code, and hence are not
designated for such purpose.
25. Severability If any section, paragraph or
provision of this resolution shall be held to be invalid or
unenforceable for any reason, the invalidity or unenforceabilit Yofsuchsection, paragraph or provision shall not affect any of
the remaining provisions of this resolution.
26. Headings Headings in this resolution are
included for convenience of reference only nd are not a aYpart
hereof, and shall not limit or define the weaning of anyprovisionhereof.
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The motion for the adoption of the foregoing resolution
was duly seconded by member Rossbach and, after a full
discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen, Ros_sbach
and the following voted against.the same: NONE
Whereupon said resolution was declared duly pa sed and
adopted.
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting
Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that
I have compared the attached and foregoing extract of minutesgges
With the original thereof on file in m office, y , and that the same
is a full,, true and complete transcript of the minutes op f a
meeting of the City Council of said City,- dul Y called and held on
the date therein indicated, insofar as such minutes relate to
considering bids for, and awarding he competitive negotiatedgpgated
sale of, $5,000,000 General Obligation Open Space Bonds Sepp ryes
1994A of said City.
WITNESS my hand and the seal of said City his 24th dayy
of February, 1994.
Clerk
SEAL)
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