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Home My WebLink About1992 10-26 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 26, 1992 Council Chambers, Municipal Building Meeting No, 92 -20 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Special City Council Meeting, October 5, 1992 2. Minutes of Meeting 92 -19 (October 12, 1992) E. APPROVAL OF AGENDA EA. PRESENTATIONS 1. Proclamation: HOSPICE CARE MONTH 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 20 Financial Transfer to Close Improvement Project 81 -20 3, Financial Transfer to Close Improvement Project 83 -01 4. Financial Transfer to Close Improvement Project 83 -07 5. Financial Transfer to Close Improvement Project 86 -03 6. Financial Transfer to Close Improvement Project 90 -05 7. Revised Financing Plan for Improvement Project 85 -17 8. Budget Transfer: Finance Department 9, Budget Transfer: City Clerk Department 10. Conditional Use Permit Review: 2425 Maryland Avenue (Beaver Lake Estates) 11. Conditional Use Permit Review: 1375 -1487 Century Avenue No. (Rolling Hills Manufactured Home Park) 12. Frisbee Hill Zone Change (4 Votes) 13. Certification of Delfinquent Sewer Rentafi A-cc-ounts- G. PUBLIC HEARINGS 1. 7:00 P.M., 2719 Stillwater Road (Yocum Oil) a. Variance b. Conditional Use Permit c. Parking Spaces d. Plans 2. 7:15 P.M., Off -Sale Liquor License - MGM Liquor, Ho AWARD OF BIDS I. UNFINISHED BUSINESS 1. Building Plan Review Procedure Ordinance (2nd Reading - 4 Votes) 2. Single and Double Dwelling Setback Ordinance (2nd Reading - 4 Votes) 3. Appointment of Project Review Committee 4. Stop Signs - Walter at Lydia J. NEW BUSINESS 1. Construction Management Services: Approval of Contract 2. Lot Division Appeal: 1246 Ripley Avenue (Jasper) 3. Maplewood Square a. Remodeling Plans b. Sign Plan Change 4e Sign Plan Change: Maplewood Corner Shoppes 5. Nature Center Addition 6. Distribution of Charitable Gambling Funds 7. MnDOT Training Agreement 8. No Parking: County Road C, Project 89 -04 9. Change Order No. 2: Sterling Street, Project 87 -45 K. VISITOR PRESENTATIONS L.; COUNCIL PRESENTATIONS 1. 2. 3. 4. M. ADMINISTRATIVE PRESENTATIONS 1. 2. N. ADJOURNMENT SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD 5:04 p.m., Monday, October 5, 1992 Maplewood Room, City Hall MINUTES A. CALL TO ORDER The special meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at 5:00 p.m. B. ROLL CALL Mayor Gary Bastian Councilperson Dale Carlson Councilperson Fran Juker Councilperson George Rossbach Councilperson Joseph Zappa Present Present Present Present Present Others Present: City Manager Michael McGuire Assistant City Manager Gretchen Maglich Director of Public Safety Kenneth Collins Fire Marshal Jim Embertson Fire Chief Larry Bush Fire Chief LeRoy .Hale Fire Chief Howard Weber C. APPROVAL OF AGENDA The agenda was amended as follows: H. OTHER BUSINESS 1. Letter From Resident 2. .Oakdale Letter About R/WCSCC 3. Suburban Rate Authority /Cable Bill Intervention Mayor Bastian moved that the agenda be ap , roved as amended. The motion was seconded by Councilmember Zappa and approved. Ayes: All 1 D. FIRE .FIGHTERS' RELIEF ASSOCIATION City Manager McGuire presented the details of the tentative five -year agreement between the cities of Oakdale & Maplewood and the Fire Fighters' Relief Association. The current benefit is $1,790 per year of service. The proposal is to increase the defined benefit to $1,900 per year of service in 1992, $2,000 in 1993, $2,080 in 1994, 2,160 in 1995, and $2,240 in 1996. During the next five years, the negotiating committee will continue to meet and discuss converting to a defined contribution plan. Mr. McGuire explained that the next step is for the two City Councils and the Relief Association membership to approve the proposal. E. FIRE DEPARTMENTS' OPERATIONAL CONCERNS Joint Fire Chiefs Council President Ed Leier stated that the Fire Departments appreciate the Council's consideration of the Relief Association settlement and that the Fire Departments are committed to working with the City as a team in all of their responsibilities including the Fire Services Study Committee, the Haz Mat program, and the 1991 City Audit. F. 1991 AUDIT There was some discussion about the auditors request for information to complete the 1991 Annual Financial Audit. G. FIRE SERVICES STUDY COMMITTEE This item was covered earlier in the meeting. H. OTHER BUSINESS 1. Letter From Resident Councilmember Zappa - asked what action was being taken to investigate a resident's complaints about the City employees. City Manager McGuire stated that he and the Director of Public Works were looking into the situation, and a letter would be sent to the resident. Director of Public Safety Collins, Fire Marshal Embertson, Fire Chief Bush, Fire Chief Hale, and Fire Chief Weber left the meeting at 5:45 p.m. 2 2. Oakdale Letter About R/WCSCC Councilrnember Zappa referenced a letter from an Oakdale councilmember about the Ramsey/Washington Counties Suburban Cable Commission's plan to reorganize public access. 3. Suburban Rate Authority and Cable Bill Intervention Councilmember Zappa asked the City Council for their thoughts about the Suburban Rate Authority becoming involved in the Federal cable bill. Following some discussion, it was the consensus of the City Council that the Suburban Rate Authority should not intervene in the proposed cable legislation. Mayor Bastian presented some background information on the R/WCSCC and its function. t. ADJOURNMENT The meeting was adjourned at 6:12 p.m. f 3 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 12, 1992 Council Chambers, Municipal Building Meeting No. 92 -19 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers -, Municipal Bu -1-ding, -and was cal 1 -ed -to- -order at _- 7 : - -00 - P- M --- by - - -- Mayo Bastian, B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Jukes, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 92 -17 (September 14, 1992) Councilmember Zappa moved to apps_ ove, the minutes of Meeting No,. 92 -17 September 14, 1992) as corrected: Pgo 9, 6 -g: "Councilmember Zappa introduced ." Pg. 18, 4 -d: "Councilmember Zappa moved to aDDr_ . . ." Seconded by Councilmember Rossbach Ayes - all 2. Minutes of Meeting 92 -18 (September 28, 1992) Councilmember Zappa moved to approve the minutes of Meeting No. 92- 9.2 -18 September 28 1992 ) as presented. Seconded by Councilmember Rossbach Ayes - al E. APPROVAL OF AGENDA: Councilmember Zappa moved to approve the Agenda as amended: L1. Community Center L2. Meeting: City Council /Newly Elected Legislators L3. Planning Commission Staff Interviews L4. Manager Evaluation - Update EA2.Discussion - Budget Transfer J8. Move to G -1 Seconded by Mayor Bastian Ayes - all 10 -12 -92 1 EA APPOINTMENTSIPRESENTATIOHS 2. Planning Commission Appointment a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to appoint Kevin , Ki ttri dge to the Plan ng Commission. Seconded by Councilmember Carlson Ayes - all rocl anion - - - - -- -- - a. Manager McGuire presented the staff report. b. Mayor Bastian introduced the fol l.owi ng Procl ama =; and moved its adoption. PROCLAMATION WHEREAS, Alcohol and other drug abuse has reached epidemic proportions in our nation, inflicting its pain, destruction, and death on all ages and economic groups; and WHEREAS, Abusive use of chemicals is often the underlying cause of crime and violence, endangering citizens and diminishing the quality of community life; and WHEREAS, Visible unified preventative efforts are needed to reduce the demand for drugs and to educate our young people for a drug -free future; and WHEREAS, THE PARTNERSHIP is sponsoring the FIFTH ANNUAL RED RIBBON CAMPAIGN October 18 -24, 1992 as part of a nationwide effort to show citizen commitment to drug -free communities; and WHEREAS, Business, government, law enforcement, schools, religious institutions, service organizations, youth, senior citizens, and other individuals will demonstrate their commitment to drug -free, healthy l i f e styles by displaying red ribbons during the week-long campaign; and WHEREAS, the community of Maplewood commits its resources to ensure the success of the Red Ribbon Campaign; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood does hereby proclaim October 18 -24 to be RED'RIBBON WEEK and encourages its citizens to participate in drug awareness and prevention activities, making a visible statement that we are strongly committed to a drug -free community. BE IT FURTHER RESOLVED, that the City of Maplewood encourages all its citizens to pledge: "Proud to be. . .Drug Free." Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa It was noted that Council is invited to march in the parade on Monday, October 19, 1992. 10 -12 -92 2 c. Mayor Bastian moved to approve a budget transfer., of S_ 500 from the Charitable Gambl n44 Fund to cover _M„apl ewood'.s share of the servi ng hot dogs and the "Prevent Violence" parade, program. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa F. CONSENT AGENDA: Councilmember Zappa moved. seconded by Councilmember Rossbacho,.ayes - al l_,. to a=pprove- the-- consen- - agenda- - items --- 1-- th-ru -11 as— recommended -. - -- - - -- - - -- - - -- - -- 1. Approval of Cl aims Approved the following claims: ACCOUNTS PAYABLE: $ 621 Checks #23632 - #23691 Dated 9 -17 -92 thru 9 -30 -92 376.040.81 Checks #18548 - #18659 Dated 10 -12 -92 997 Total per attached voucher /check register PAYROLL: $ 211 Payroll Checks #28618 thru #28836 Dated 9 -25 -92 42.56834 Payroll Deduction Checks #28841 thru 28856 dated 9 -25 -92 253 Total Payroll 51.251,547.56 GRAND TOTAL 2. Donations to Maplewood Nature Center Building Addition Fund Accepted $78.00 donation and specified that it be placed in the Park Development Fund (403 -814 -306 -4720) for use in funding the Maplewood Nature Center building addition. 3. Certification of Tree Removal Costs 92 - 10 - 132 CERTIFICATION OF TREE REMOVAL COSTS BE IT RESOLVED THAT THE CITY CLERK is hereby authorized and directed to certify to the auditor , of Ramsey. County the following l i s t of diseased tree removal costs, said 1 i st made a part herein, for certification against the tax levy of said property Owners for the year 1992, collectible in the years 1993 through 1995, and which listing includes interest at the rate of seven (7) percent on the total amount each year: 10- 29 -22 -34 -0055 18- 29 -22 -42 -0047 5900.00 350.00 4. Conditional Use Permit Review: 1955 Prosperity Road (N.E. Metro Alano) Reviewed and renewed the conditional use permit at 1955 Prosperity Road, upon the condition the building owner repair two exit lights and an emergency battery pack. The permit will be reviewed again in five years. 10 -12 -92 3 5. Budget Adjustment: Youth Soccer Approved a budget adjustment in the amount of $1,500-.00 for account 101 -603- 208 -412.0 to purchase trophies for the Youth Soccer Program. This expenditure i s offset by an increase in revenues from the program. 5. Budget Adjustment: Youth Floor Hockey Approved budget adjustments to the Youth Floor Hockey program accounts for Program Supplies (101.603- 270 - 4120) in the. amount of $200.00 and Part -Time Wages (101 -603- 270 -4020) in the amount of $150.00 (total of $350.00) to cover additional expenses due to the greater number of participants. This expenditure increase is offset by the increased revenues from the program. 7. Financial Transfer to Close Improvement Project 86 -04 Approved a transfer of the surplus from the fund for Project 8644 to the Hydrant Charge Fund and the appropriate budget adjustments to close Improvement Project 86 -04, County Road C Water Main, Highway 61 Frontage Road to Forest Street. 8. Financial Transfer to Close Improvement Project 87 -41 Approved the appropriate budget adjustments and a transfer from the Hydrant Charge Fund to eliminate the deficit and close the fund for Project 87 -41, Brooks Court Water Main. 9. Financial Transfer of 1988 Bond Proceeds from Project 87 -45 to Project 87 -04 Approved the appropriate budget adjustments and a transfer of $273.2,50 from the fund for Project 87 -45, Sterling - Linwood Improvements, to the fund for Project 89 -04, County Road C from Highway 61 to Hazelwood. 10. Financial Transfers - 1991 Bond Issue Authorized the appropriate budget adjustments and the transfers shown below to implement the financing plans previously approved in conjunction with the issuance of the 1991 improvement bonds: a) From the Street Construction State Aid Fund to the funds for the following projects: 235 87 -01 119 87 -14 710 88 -12 285 90 -14 97 86 -27 76.180 89 -12 1,523,475 Roselawn Avenue - Jackson Holloway Avenue - Beebe to Furness Beam Avenue - TH61 to County Road D County Rood B TH61 storm sewer Larpenteur Avenue, 35E - Edgerton White Bear Ave. - Larpenteur to Frost b) From the Sewer Fund to the funds for the following projects: 70 90 -07 City Wide Watermain Extension 16 90 -14 County Road B TH61 Storm Sewer 222.585 89 -12 White Bear Ave. - Larpenteur to Frost 308,585 10 -12 -92 4 11. Ambulance Bills - Application for Cancellation Approved cancellation, on the basis. of hardship, of the balances (except for expected Medicare payment) of three ambul ance bi l l s for Dean A. Ganzkow, G. PUBLIC HEARINGS 10 7:00 P.M. (7:16 P.M.), Tax- Exempt Financing (Health East) A., Mayor Bastian convened the meeting for a public hearing regarding . b Manager McGuire presented the staff report. c. Mary Ippel , Briggs and Morgan Bonding Attorney, 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. fo Councilmember Rossbach introduced the following Resolution and moved its adoption: 92 - 10 - 133 RESOLUTION RECITING A PROPOSAL FOR A HEALTH CARE FACILITIES DEVELOPMENT PROJECT AND GIVING PRELIMINARY APPROVAL TO THE PROJECT PLEASE SEE ATTACHED) Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa J e NEW BUSINESS 8. Tax - Exempt financing (Group Health Plan, Inc.) a. Manager McGuire presented the staff report. b. Mary Ippel, Briggs and Morgan Bonding Consultant, presented the specifics of the proposal. c. Councilmember Zappa moved to deny the proposal. Notion died for lack of a second. d. Councilmember Carlson introduced the following .Resolution and moved its adoption: 10- 12 -92. 5 92 - 10 - 134 RESOLUTION 6IYING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE REVENUE BONDS, SERIES 1992 GROUP HEALTH PLAN, INC. PROJECT) WHEREAS, Group Health Plan, Inc., a Minnesota non- profit corporation Group Health" ), currently operates facilities located at 2165 White Bear Avenue in the City of Maplewood (the "Local Facilities"). WHEREAS, Group Health has proposed that the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, and the City of Minneapolis, Minnesota, jointly issue Health Care Revenue Bonds in the approximate principal amount of $70,000,000 (the "Bonds ") to finance or refinance various capital expenditures made by Group Health in approximately 18 cities located through the State of Minnesota, including the Local Facilities. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed or refinanced by the Bonds are located must approve the issuance of. the Bonds following a public hearing. WHEREAS, a public hearing on the issuance of the Bonds was held by the City of Minneapolis and the Housing and Redevelopment Authority of the City of Saint Paul Minnesota, on September 8, 1992, and September 22, 1992, respectively. WHEREAS, the Bonds are payable solely from revenues of Group Health, will not be a general or moral obligation of the City of Maplewood, the Housing and Redevelopment Authority of the City of Saint Paul, the City of Minneapolis or any Other p o l i t i c a l subdivision but w i l l be payable solely from revenues of Group Health to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. Approval is subject to the City receiving an administrative fee of 1% of the financing for the Maplewood Medical Center. This fee must be paid at the bond closing. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa 6. PUBLIC HEARINGS (Continued) 20 - 7:10 P.M. (7:28 P.M.), 2305 Stillwater Road (Sarrack's) a Mayor Bastian convened the meeting for a public hearing regarding changes to the building for Sarrack's International Wines and Spirits. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Rossbach presented the Planning Commission report. 10 -12 -92 6 e. Mayon Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: C. R. Hackworthy, Conn /Spec Corporation, the applicant f. Mayor Bastian closed the public hearing. CDRB Appeal g . Council member Zappa mo_v cons i t i on 6 from the Community Design Review Board's March 24, 1992 mot i After one year staff is to Rrepare,a report for Council review. Seconded by Mayor Bastian Conditional Use Permit X Ayes - all h. Councilmember Zappa introduced the following Resolution and moved its ado ti on_ 92 - 10 - 135 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Con /Spec Corporation applied for a conditional use permit to construct a building addition onto Sarrack's International Wine and Spirits 30 feet. from the west lot line. WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this papplicationonSeptember 21, 1992. They recommended that the City Council approve this permit. 2. The City Council held a public hearing on October 12 1992. Cit staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statement. 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 -12 -92 7 5 . The use would generate only minimal 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. S. 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. 10. The setback would be the same as the existing building. 11. The existing landscaping would screen at least 80% of the addition from the adjacent homes. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the City stamped September 9, 19920 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 become null and void. The Council may grant up to one one -year extension of the permit. 3 The landscaping along the west lot l i n e shall remain, on review in one year, the City Council may require a fence and/or additional screening subject to Community Design Review Board approval. 4. Trash container enclosures shall be provided around all trash containers and shall be 100% opaque. They shall be protected by concrete- filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. The enclosure shall have a gate that is 100% opaque. 5. The City Council shall review this permit in one year. Seconded by Mayor Bastian Ayes - al l 3. 7:20 P.M. (7:52 P.M.), House Moving: Sherren Avenue a. Mayor Bastian convened the meeting for a public hearing regarding a request to move a 1 -1/2 story stucco house from Lino Lakes to the lot East of 1510 Sherren Avenue. 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 10 -12 -92 8 opponents. The following persons were heard James Nygaard,. 411 Northland Ave.,. Stillwater.- one of the applicants Roger Sparks, 1510 E. Sherren e. Mayor Bastian closed the public hearing. f. Councilmember Rossbach moved to approve the housemoving subject to James Nygaard and Mike Si verhus do, ng the fol l owi n 1. Submit an irrevocable letter of credit or cash escrow for 1 -1/2 times the estimated cost of completing the construction. The applicant shall complete the work within 90 days of the City issuing the permit. The construction shall meet the Building Code requirements. 2. Sign an agreement to convey title. This agreement shall allow the City to take possession of the house and property if the required work is not completed within 90 days after the City issues the moving permit. This agreement would allow the City the right to complete the construction required by Code or demolish and remove the structure. The City Attorney shall draft this agreement. 3. Verify the lot lines with survey pins. 4. Wash or redash the stucco to restore it like new. The applicants shall paint the trim where needed and clean, remove or replace the awnings. 50 Move the house between the hours of 3 :00 and 6:00 a.m. The applicant shall leave the house in the street until at least 7:00 a.m., but.lo later than 10:00 a.m. There shall be no excessive noise or work on the house until after 7:00 a.m. 6. Place the house ten feet from the east lot line. 7. Remove the small trees and bushes along the west property line. 8. City staff is authorized to grant a single extension in the event weather conditions deter completion. Seconded by Councilmember Zappa Ayes - all 4. 7:30 P.M. (8:15 P.M.), Frisbie Hill (K & J Corp.) a. Mayor Bastian convened the meeting for a public hearing regarding a request for Council approval of a preliminary plat called Fri sbi a Hill, consisting of fourteen single-dwelling 1 ots on a site north of Fri sbie Avenue and west of English Street. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report.. d. Commissioner Rossbach presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or 10 -12 -92 9 opponents. The following persons were heard: Bill Dolen, Consulting Engineers for K & J Corporation The developer Robert Shanl ey, 1264 Frisbie Marie Shanley, 1264 Frisbie f. Mayor Bastian closed the public hearing. Land Use Change (4 Votes) g. Mayor Bastian introduced the following Resolution and moved its adoption: 91 10 - 136 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Director of Community. Development started a change to the City's land use plan from RM (residential medium density) to RL (residential low density). WHEREAS, this change applies to the property located on the north side of Frisbie Avenue between English and Frank Streets. WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on September 21, 1992. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the plan amendment be approved. 2. The City Council discussed the plan amendment on October 12, 1992. They considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described change for the following reasons: 1. The developer is proposing to develop this site for single dwell ings. 2. Single dwellings would be more compatible than multiple dwellings with homes that are south of Frisbie Avenue, 3. This change would reduce the allowable density and traffic from this property. Seconded by Councilmember Carlson Ayes - all Zoning Map Change (4 Votes) h. Mayor Bastian moved to direct staff to change the resolution pertaining to zoning to reflect the Council's concern to leave the 70 foot stria as is. Seconded by Councilmember Carlson Ayes - all 10 -12 -92 10 i. Mayor Bastian moved to install a 'Walter Street" concept on __Frisbie. Seconded by Councilmember Zappa Ayes - Councilmember Zappa Nays - Mayor. Bastian, Counci lmembers Carlson, Juker, Rossbach Notion Failed j. Mayor Bastian moved to delete the curb from the north side of Frisbie. Seconded by Councilmember Carlson Ayes - all k. Councilmember Rossbach moved that a drainage-system be designed that will handle the-drainacie problem without a ditch and that he system behe full lenoth of Frisbie. Seconded by Councilmember Carlson Ayes - all 1. Mayor Bastian moved to approve the financing of cash connection charges as recommended by. staff. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa m. Count i 1 member Zappa moved to d i rect staff to prepare a notice provision for the prel i mi nary plat, Seconded by Mayor Bastian Ayes all Preliminary Plat n. Councilmember Rossbach moved to approve the preliminarY Dlat subject to the following conditions and changes 1 ) Sign an agreement with the City that guarantees that the developer will complete all public improvements and meet all City requirements. 2) Obtain the City Engineer's approval of final engineering plans. The developer shall change the drainage plan by: a) Extending the storm sewer to English Street b) Adding catch basins along Frisbie Avenue in the ditch c) Extend the storm sewer to the north end of the south soccer field. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion and Sediment Control Handbook, 3) The plat shall include drainage and utility easements along all property lines. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 10 -12 -92 11 4) The developer shall waive the right to a public hearing and agree to be assessed $36,750 for a water main over a five -year period .at eight percent interest. When the plat is filed, the assessment will be split as follows: $1,000 per lot on each of 14 lots and 22,750 on the remaining large parcel. 5) The developer shall notify anyone purchasing a lot about the zoning and land use classification for the adjacent property to the north. If the developer decides to final plat part of the preliminary plat, the Director of Community Development may waive any c.ond i t i on s that do not apply to the final plat. Seconded by Councilmember Zappa Ayes - all H. AWARD OF BIDS I. UNFINISHED BUSINESS 1. 2696 Hazelwood Ave. (First Evangelical Free Church) a. Assistant Manager Maglich presented the staff report. b. Director of Community Development Olson 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. John Gregerson, Representing the Church Terry Hjelmgren, 2682 Germain Court Phil Johnson, Architect Conditional Use Permit Revision d. Councilmember Zappa _introduced the following Resolution and moved its adopt_ 91 - 10 - 137 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the City of Maplewood approved a conditional use permit for a planned unit development for a church, day care facility and senior housing project . WHEREAS, this permit applies to 2696 -2730 Hazelwood Avenue. The legal description is. 1. PLAT 03031 SECTION 3 TOWN 29 RANGE 22, PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH N ON SD EL 341.4 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 20 RN 220 10 -12 -92 12 20 PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH 2 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN 29 RN 22. WHEREAS, the history of this conditional use permit is as follows: 1. The City Council approved this permit initially on August 13, 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council revise 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. 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 that the City stamped October 7, 1992. The Director of Community Development may approve minor changes. The City Council may approve major changes. 10 -12 -92 13 v 2 . The proposed construction must be substantially started within one year after the City Council approves this permit or it shall become null and void. The Council may. grant up to one one -year extension of the permit. a Seconded by Councilmember Carlson Ayes - all Design Review e. Councilmember Zappa moved to approve the plans tamped October 7. 1992 subject to the applicant doing the followlng: 1. Direct or screen lighting so it is not directly visible from any residential area or public street. Lighting shall not exceed one foot- candle at a residential property line. 2. Repeat this review in two years if the City has not issued a building permit for this project. 3. Install reflectorized stop signs at all exits, a handicap- parking sign for each handicap - parking space and an address on the building. 4. Screen all roof- mounted equipment that will be visible from streets or adjacent property. Submit screening plans to the Design Review Board for approval. 5. Construct a trash dumpster enclosure as required by City Code. The enclosure must match the building color. Submit plans for the enclosure to staff for approval. 60 Submit a grading, drainage, utility and erosion control plan to the City Engineer for approval. 7. Install an in- ground sprinkler system for the landscaped areas, except the open areas at the northwest side and the northeast corner of the site. 8. Submit the plans for all Phase II development to the Design Review Board for approval. 9. Submit a revised screening plan for the south lot line to staff for approval. The plan must show enough planting and berming to provide an 80% screen that is at least six feet tall. This screening is required for the rear yards of the two homes at the end of Germain Court. (Plan as submitted and dated 10 -7 -92) 10. Provide at least a 20 -foot setback between the playground and equipment storage shed and the north lot line. 11. Construct concrete curbing around the existing and proposed parking lot and drives, 12. Paint the doors on the north end of the building. 13. Submit a cash escrow or an irrevocable letter of credit to the City for any required work that is not completed by occupancy. 10 -12 -92 14 The required escrow amount shall be 150% of the cost of the unfinished work. First Evangelical Free Church shall give staff an agreement that allows the City to complete any unfinished work. 14. No change required in parking on the east side of Hazelwood Avenue, from County Road C to Beam Avenue. This will be reviewed within the next 12 months. Seconded by Councilmember Carlson Ayes - all Councilmember Zappa moved to suspend the Rules of Procedure continue the Agenda until completion. Seconded by Mayor Bastian Ayes - all 2. Building Plan Review Procedure Ordinance (1st Reading) a. Assistant Manager Maglich presented the staff report. b. Councilmember Zappa moved first reading of a ro osed ordinance that would l i m i t the people who could appeal the staff approval of minor construction plans and single II dwellin gs_ Seconded by Councilmember Juker Ayes - all 3. Single and Double Dwelling Setback Ordinance (1st Reading) a. Assistant Manager Maglich presented the staff report. b. Commissioner Rossbach presented the Planning Commission report. C* Councilmember Rossbach moved first reading of a prODOsed ordinance that would change the regulations about single and double dwellinq setback= Seconded by Councilmember Zappa Ayes - all J. NEW BUSINESS 1. Preliminary Approval of 1992 Refunding Bonds a. Assistant Manager Maglich presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Councilmember Zappa introduced the following Resolution and. moved is adoption: 92 - 10 - 138 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF 4,500,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A SEE ATTACHED) 10 -12 -92 15 ZXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: October 12, 1992 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall in said City on the 12th day of October, 1992, beginning at 7:00 o'clock M. t . for the purpose in part of authorizing the competitiveve negotiated sale of the $4,500,000 General Obligation Improvement Refunding Bonds, Series 1992A, of said City. The following Councilmembers were present. Mayor Gary W. Bastian, Counci linen. hers - Dale H. Carlson, Frances L. Juker, George F. Rossbach, Joseph A. Zappa and the following were absent: done Councilmember Zappa introduced the following resolution and moved its adoption: 92 - 10 - 133 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $4,500,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A A. WEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $4,500,000 General Obligation Improvement Refunding Bonds, Series 1992A (the "Bonds ") , to refund the 1997 through 2006 maturities of the City's General Obligation Improvement Bonds, dated August 1, 1986 and the 1997 through 2008 maturities of the City's General Obligation Improvement Bonds, dated August 1, 1988; and 8. W'KEREAS , the City has retained Springsted Incorporated, in Saint Paul, Minnesota (*Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475960, Subdivision 2(9): Row, THErpORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, I as follows: I0 Authorizations indinas The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. Z. Meetincr s Bid QRen v%rv The Council shall most at the time and place specified , in the Terms of Proposal attached hereto as . Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall open bids at the time and lace specified in . such Terms of Proposal. 3. Terms of Proposal The terms and condit of the Bonds and the negotiation thereof ara fully set forth in the Terms of Proposal" attached hereto as Exhib A and hereby approved and made a part hereof. 40 official Statement in connection with said competitive negotiated sale, the officers or YemPto ees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmemberr Carl and, after full discussion thereof and upon a vote being taken thereon, the- following Counc i lmembers voted . in favor thereof. Mayor Bastian, Councilmembers Carlson, Juker, Rossbach, Zappa and the following voted against the same* None Whereupon said resolution was declared duly passed and adopted, Z EXHIBIT A r THE CITY HAS AUTHOR---D SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL. BE RECEIVED ON THE FOLLOWING BASIS: TERMS of PROPOSAL 4 C17Y OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A Proposals for the _Bonds will be received by ft ,City Clerk or her designee on Thursday, November 19,1992, until 11:00 A.M., Central Tirane, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 4 :30 P.NL, Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated December 1,1992, as the date of original issue, and wiil bear interest payable on February 1 and August 1 of each year, oommencing August 1, 1993. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the- registrar mailed to the registered holder, thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1997 $425,000 2001 $415,000 2405 $380,000 1998 $440,000 2002 $410,000 2006 $375,000 1999 $435,000 2003 $405,000 2007 $205, 000 2400 $425 2044 x1000 2008 $200,000 The City reserves the right after proposals are opened and prior to Sward, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $300, 000 and will be made in muttiples of $5, 000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or arry discount taken will be increased or reduced by a percentage equal to the percentage by which ft principal amount of Me Bonds is increased or reduced. OPTIONAL REDEMPTION The City may elect on February 1, 2002, and on any day thereafter, to prepay Bonds due on or after February 1, 2043. Redemption may be in whole or in part and If in part at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith andcreditandpowertolevydirectgeneraladvaloremtaxes. In addition the City will eledP9specialassessmentsleviedagainstbenefitedproperties. The proceeds will be used to refund the 1997 through 2006 maturities of the City's General Obligation improvement Bonds, dated August 1, 1986 and the 1997 through 2008 maturities of the City's General Obligation Improvement Bonds, dated August 1, 19880 TYPE of PROPOSALS Proposals shall be for not less than $4,441,500 and accrued Interest on the total rinci al amount of the i P peBonds. Proposals shall be accompanied by a Good Faith Deposit rDeposir) n the form of a certified or cashier's check or a Financial Surety Bond In the amount of $45,000, payable to the order of the City. If a check is used, - it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted incorporated prior to the opening of the proposals. The Financial Sure BondpPSurety must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser isrequiredtosubmititsDeposittoSpringstedIncorporatedinthe .form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received bythattime, the Financial Surety Bond may be drawn by the City to satisfy he DepositositP requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaserfailstocomplywiththeacceptedproposal, said amount will be retained b the O' Nore .. Y Y proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1 /8 of 1 Rates must be in ascending rder. Bonds of the same9 maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The, City's computation of the interest rate of each p in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION ff. the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance. of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, ff the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to Issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. M t REGISTRAR The City will name the registrar which shalt be subject to applicable SEC regulations, The C'PP 9 y will pay for the se.rnces of the registrar. CUSIP NUMBERS K the Bonds qualify for assignment of CUSIP .numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser. to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City. . and the purchaser. Delivery will be subject to receipt by thepurchaser of an approving legal opinion of Briggs and Morgan, Professional association, of Saint Paul and Minneapolis, Minnesota, which .opinion will be printed on the Bonds, and of customary closing papers including a no certificate. On the date of settlement payment for. the Bonds shall be made in federal; or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment. for the Bonds shall have been made impossible by action of the City., or its agents, the purchaser shall be liabl to the City for any. loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve. as a nearly- final Official Statement within the meaning of Rule 1.5c2 -12 of 'the Securities and Exchange Comm For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is. referred to the 'Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul., Minnesota 55101 telephone (612) 223- 30000 The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "final Official. Statement' of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor .the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senio managing underwriter of the syndicate to which the Bonds are awarded 180 copies of the Official Statement and the addendumn or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposa is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating . Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement, Dated October 12, 1992 BY ORDER OF THE CITY COUNCIL s/ Mrs. Lucille Aurelius City Clerk ME Seconded by Councilmember Carlson Ayes - all Zappad.Councilmember Za a introduced the following Resolution and moved its adoption: 92 - 10 - 139 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF 1,515,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 19928 SEE ATTACHED) Seconded by Councilmember Carlson Ayes - all 2. Change Order Number I for Park Plantings a. Assistant Manager Maglich presented the staff report. b. Councilmember Zappa moved to approve Change Order No. 1 for park plantings. Seconded by Councilmember Carlson Ayes - all 3. Stop Sign Removal Request a. Assistant Manager Maglich presented the staff report. b. Counci l member Zappa moved to , remove the stop s i gns on Ri pl. ey at Atl antic, Frank, and Phal en Place and to install a new stop sign on Sophia at Frank. Seconded by Councilmember Carlson Ayes - all 4. Stop Sign Installation Request a. Assistant Manager Maglich presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Counci 1 regarding this matter. The following was heard: Leon Johnson, 2983 Walter Street c. Councilmember Zappa moved to deny this reguest until the area.is fully develoiled. Motion died for lack of a second. d. Councilmember Zappa moved to table this item and have it referred to staff for further review and to substantiate the statements in the report. Seconded by Councilmember Rossbach Ayes - all 5. School Safety Zone Request a. Assistant Manager Maglich presented the staff report. 10 -12 -92 16 s EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLE'WOOD, MINNESOTA HELD: October _12 , 1992 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood Ramsey County, Minnesota, was duly held at the City Mall in said City on the 12th day of October, 1992, beginning at 7 :00 o' clock P.M. for the purpose in part of authorizing the coapetitive negotiated sale of the 00 General Obligation Tax Increment Refunding Bonds, Series 19928, of sa City. The following Councilmembers were present: Mayor Gary W. Bastian, Councilmembers Dale H. Carlson, Frances L. Juker, George F. Rossbach, Joseph .A. Zappa and the following were absent None Counc i lmember _ Zappa introduced the followingresolutionandmoveditsadoption: 92 -10 -139 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $1,515 , 000 _ GENERAL OBLIGATION TAX INCREMEN'T REFUNDING BONDS, SERIES 19928 A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $1,515,000 General Obligation Tax Increment Refunding Bonds, Series 19928 (the "Bonds "), to refund the 1994 through 2001 maturities of the City's General Obligation Tax Increment Bonds, dated August 1, 1986; and Be WHEREAS, the City has retained Springsted incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, .Subdivision 2(9): y: zta5as NOW, THEREFORE, BE 2T RESOLVED by the City Council ofrtheCityofMaplewood, Minnesota as follows: 1. Authorization: Findings The Council hereby authorizes Springsted to solicit bids for the competitiveP negotiated sale of the Bonds . 20 Reetinas Bid ooenina The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall Open bids at the time and place specified in such Terms of Proposal.. 3,o Terms o . The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 49 Official Statement In connection with said competitive negotiated sale, the officers or YemPto ees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to execute and-del iver it on behalf of the City uponon its completion. The motion .for the adoption of the foregoing resolutiongg was duly seconded by Councilmember Carlson and after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof. Mayor Bastian, Councilmembers Carlson, Juker, Rossbach, Zappa and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. n6sas 2 EXHIBIT A THE CITY HAS AUTHOR SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF* PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL 1,515 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 19928 Proposals for the Bonds ' witl be received by the City C4erk or her designee on Thursday, November 19,1992, until 11:00 A.M., Central rime, at the offices of Springsted inoorporated, 85 East Seventh Place, Suite .100, Saint Paul, Minr4sota, after which time they will be opened and tabulated.. Consideration for award of the Bonds will be by the City Coundl at 4:30 P.M., Central Tine, of the same day. DETAILS OF THE BONDS The Bonds will be. dated December 1,1992, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1993. Interest will be computed on the basis of a 360 -day year of twelve 34-day months. The Bonds will be Issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fuller registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preoeding month. The Bonds will mature February 1 in the years and amounts as follows: 1994 $245,000 1997 $170,000 2000 $200,000 1995 $260,000 1998 $185 2001 $ 95 1996 $165,000 1999 $195,000 The City reserves ttre right after proposals are opened and prior to award, to increase or reduce Me principal amount of the Bonds offered for sale. any such increase or reduction will. be in a total amount not to exceed $50, 000 and will be made in muldples of $5, 000 in any of the maturities. In Me event the principal amount of die Bonds is increased or reduced, any premium offered or any discount takers will be increased or reduced by a percentage equal to the percentage by which Me principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SEOUR17YAND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and Credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment revenues generated from tax Increment districts within the City's Development District No. 1. The proceeds will be used to refund the 1994 through 2001 maturities of the City's General Obligation Tax increment Bonds, dated August 19 1986. TYPE OF PROPOSALS Proposals shall be for not less than $1,501,365 and accrued interest on the total rincip palamountoftheBonds. Proposals shall be accompanied by a Good Faith Deposit ( in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $15,150, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such aPY bond - *In the State of .Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Sure BondPgPPSurety must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required t submit its Deposit to Spring .Incor orated in the form of a certified or cashier'sP check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. K such Deposit is not received bthattimetheFinancialycalSurety -bond may be drawn by the City to satisfy- the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaserfallstocomplywiththeacceptedproposal, said amount will be retained b the City. NoY Y proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds Is ad'ourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be 'In integralrnuftiplesof5/100 or 118 of 196.. Rates must be in ascending rder. Bonds of the same9 maturity shall bear a single rate from the date of the Bonds. to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor, at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resuftin from such purchase of9P insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery ontheBonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Mz a It Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser, SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an - approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds., and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the Offices of the City or its designee not later than 12:00. Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or Its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official. Statement will nerve as a nearly - final Official Statement within the meaning of Rule 15c2 -1 -2 of the Securities and Exchange commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place., Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223- 3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts. and interest rates of the Bonds, - together with any other information required bylaw, shall Constitute a "Final Official Staternenr' of the City with respect to the Bonds, as that term Is defined. in Rule 15c2.12: By awarding the Bonds. to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 60 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official -Statement to each Participating Underwriter, Any underwriter delivering a proposal with respect to the Bonds agrees thereby that H its proposal is accepted by the City (i) it shall. accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 12,1992 BY ORDER OF THE CITY COUNCIL City Clerk b. Counci imember Zappa moved that Ramsey County be contacted and requested to establish_ school safety zones on Edgerton and Roselawn abutting Edgerton School. Seconded by Councilmember Carlson Ayes - all 6. Sanitary Sewer Hook -Up Variance Request a. Assistant Manager Maglich presented the staff report. b. Counci 1 member Zappa moveto. , approve the variance from connecting to sanitary sewer for one year based on the following findings: 1) The present disposal system is functioning. 2) The unique hardship of divorce proceedings. 3) Hook -up to sanitary sewer will be made by the owner of 1260 Dorland Road prior to September 1, 1993 unless system fails prior to that time. 4) If hook -up is not made by the above date, the City w i l l install the service and certify the cost to the owner. Seconded by Councilmember Carlson Ayes - all 7. Ramsey County Consolidation Resolution a. Assistant Manager Maglich presented the staff report. b. Mayor Bastian introduced the following Resolution and moved its adoption: 92 - 10 - 140 RESOLUTION OF SUPPORT FOR FUNDING JURISDICTIONAL CHANGES WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local Government Services Study Commission (RCLGSSC) to "report on the advantages and disadvantages of sharing, cooperating, restructuring, or consolidating. . ." activities in five areas of public service including: Public health, attorney's functions as they relate to criminal law, libraries, public works, and police communications, crime lab and investigative functions; and WHEREAS, the composition of the twenty -five member commission was diverse, including a balance of public and private, and St. Paul and suburban interests; and WHEREAS, the Commission's recommendations concerting public works includes adoption of a plan for functional consolidation of roadways within Ramsey County; and WHEREAS, the consolidation plan provides for reclassification of roadways and corresponding changes in jurisdiction including trunk highway turnbac ks from the State to Ramsey County and transfer of local and State Aid roadways between the County and municipalities; and WHEREAS, the plan also provides $3.13 million for the improvement of roadways to acceptable levels prior to transferring jurisdiction over roadway segments from Ramsey County to municipalities; and 10 -12 -92 17 WHEREAS, the plan also provides for establishment of lappropri ate County State Aid Highway and Municipal State Aid designations; and WHEREAS, the plan causes operations, maintenance, service and financial impacts to municipalities within Ramsey County; NOW, THEREFORE, BE IT RESOLVED, the City of Maplewood requests that the Commissioner of Transportation in the portion of. its municipal roadway system that is eligible for Municipal State Aid (MSA) designation to 27% accommodate the additional mileage placed under its jurisdiction as a result of the consolidation plan; and BE IT FURTHER RESOLVED, the City requests that, the Commissioner of Transportation grant a variance regarding proposed consolidation initiatives which allows removal of roadways from the MSA system without incurring penalties set forth in governing MSA rules. Seconded by Councilmember Zappa Ayes - all 9. 1908 Rice Street (Anderson) a. Assistant Manager Maglich presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard. Jerry Anderson, 1908 Rice Street Sanitary Sewer Exemption c. Councilmember Zappa moved to deny the Sanitary Sewer hook-up extension. Seconded by Councilmember Rossbach Ayes - Councilmembers Juker, Rossbach, Zappa Nays - Mayor Bastian, Councilmember Carlson Renewal of Used.Car License d. Mayor Bastian move, d to pprove renewal of the Used Car.License. Seconded by Councilmember Zappa Ayes - all 10. Employee Computer Purchasing Plan a. Assistant Manager Maglich presented the staff report. b. Human Resource Director Blackstone presented the specifics of the report. C. Councilmember Zappa moved to deny the proposal. Seconded by Councilmember Juker d. Mayor Bastian moved to table this item and place it on a Council /Manager meeting agenda for discussion. Seconded by Councilmember Zappa Ayes - all 10 -12 -92 18 11. Appointment of Project Review Committee a. Assistant Manager Maglich presented the staff report. b.. Councilmember Zappa moved to establish the Project Review Committee. c. Mayor Bastian moved to table is item for two weeks to the October 26, 1992 meet i ng . Seconded by Councilmember Zappa Ayes - all 12. Maplewood in Notion Update a. Assistant Manager Maglich presented the.staff report. b Mayor Bastian moved to accept staff recommendation for Maplewood-in-Motion. Seconded by Councilmember Carlson Ayes - all 13. Request for "Play 21" Gambling a. Assistant Manager Maglich presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: James Griemon, "Play 21" c. Councilmember Zappa moved to deny the ._"Play 21" request for revision of the gambling. ,ordinance. Seconded by Councilmember Carlson Ayes - all 14. Request for Delayed Cash Connection Charge - Sewer REQUEST WITHDRAWN 15. Request for Cancellation of Cash Connection Charge - Water and Sewer (Jasper) REQUEST WITHDRAWN K. VISITOR PRESENTATIONS 1. Kevin Berglund, 1929 Kingston a. Mr. Berglund asked if there has been any discussion regarding asking for the potential new high school to be in Maplewood. b. Mr. Berglund stated the area municipalities and the school board will be meeting October 19, 1992 at 7:00 a.m. at the Maplewood Inn. 2. Kevin Berglund, 1929 Kingston a. Mr. Berglund stated he is in favor of employees buying computers. 10 -12 -92 19 3. Jeff Williams, 1898 Barclay a. Regarding missing Americans, Mr. Williams stated that North St. Paul and White Bear Lake fly an M.I.A. flag and asked if Maplewood might also fly one . b. It was stated that consideration has been given to doing this. c. Councilmember Ros sbach moved to direct staff to review 1 e4 i sl at ion regarding the flying of such fl Seconded by Mayor Bastian Ayes - all L. COUNCIL PRESENTATIONS 1. Community Center a. Councilmember Juker commented on the 3M Theater in the Historical Society b u i l d i n g . 2. Legislative Meeting a. Councilmember Zappa suggested a meeting be established to meet the newly elected legislative representatives of the City. b. Councilmember Zappa moved to direct staff to establish such a meet Seconded by Mayor Bastian Ayes - all 3. Planning Commission Staff Interviews a. Councilmember Carlson questioned what the purpose is to interview the staff. 4. Manager Evaluation - Update a. Mayor Bastian stated the Manager's evaluation is five months behind. M. ADMINISTRATIVE PRESENTATIONS N. ADJOURNMENT OF MEETING 11:55 P.M. Lucille E. Aurelius City Clerk 10 -12 -92 20 owe/ HOSPICE CARE MONTH November 1992 ko t i on 'by C ounce l Endorse Modif led..-- ..® Rejected. Date WHEREAS, HealthEast Hospice Services located at St. John's Hospital has become an essential component of health care in the Maplewood Com- munity; and WHEREAS, HealthEast Hospice physicians, nurses, counselors, therapists, members of the clergy, and volunteers combine their abilities together to provide a positive and caring environment for terminally ill individ- uals in their final days; and WHEREAS, the compassionate and dedicated men and women who provide hospice care help terminally ill patients cope with death and reaffirnz their dignity and self worth; and WHEREAS, the committed team of professionals and volunteers also help the families of terminally ill patients deal with their grief and loss; and WHEREAS, the devoted HealthEast Hospice personnel shall be recognized for their contributions when the nation is observing National Hospice Month to ensure that HealthEast Hospice Services persevere as an integral alternative for terminally ill patients and their families. NOTE, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim the month of November 1992 as HOSPICE CARE .MONTH in Maplewood, and call upon the citizens to convey their sincere appreciation and gratitude for the devoted and benevolent endeavors of all HealthEast Hospice Care Providers IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 26th day of October, in the year of our Lord one thousand nine hundred and ninety -two. MAYOR AGENDA NO. F -1 AGENDA REPORT TO:City Manager FROM:Finance Director RE:APPROVAL OF CLAIMS DATE:October 20, 1992 It is recommended that the Council approve payment of the following claims: ACCOUNT _ PAYABLE: 747 Checks # 23692 thru # 23759 Dated 10 -1 -92 thru 10 -14 -92 414,449.47 Checks # 18672 thru # 18834 Dated 10 -26 -92 1 Total per attached voucher /check register PAYROLL 1989306.46 Payroll Checks # 28893 thru # 29053 dated 10 -9 -92 42,552.53 Payroll Deduction checks # 29054 thru 29081 dated 10 -9 -92 240,858.99 Total Payroll 134023 .395.03 GRAND TOTAL Attached is a detailed listing of these claims. lz Attachments M NANcWAPPRCLM.AGN vouR __ _. '! ` -' czTv xPw000 pxs ' I .. . — 0 23] 4 CHECK VENDOR I TElyl r ITEM CHECK 5 Nk 5 NUMBER N U M B E R DATE NAME .AMOUNT AMOUNT ' - 6 4 10 SMALL TOOLS 7.52 ld 0 b 10 0 10 1) 10 Z 3 6 9 5. 4 1 .... ()..0,".....10/,01/92 M I NN . STATE TREASURER STATE DRIVE 338.50 40 0 10 LLL 4