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HomeMy WebLinkAbout10-08-90CALL TO ORDER HAPLE~00D CTTY COUNCZL 7;OO F.H., Honday, October 8, 1990 and &:30 P.H., Thursday, OctoBer 11, 1990 Council Chaubers, Hunicipal Building Heeting No. 90-26 ROLL CALL APPROVAL OF MINUTES 1. Minutes of Meeting No. 2. Hinutes of Meeting No. 3. Minutes of Meeting No. &. Minutes of Meeting No. 90-21 (September 17, 1990) 90-22 (September 18, 1990) 90-23 (September 19, 1990) 90-2& (September 20, 1990) APPROVAl, OF AGENDA CONSENT AGENDA All matters ltsted under the Consent Agenda are considered to be routine by the City Council and will be 'enacted by one motion. There will be no separate discussion on ~hese items. If a member of ~he Cl~y Council wishes to discuss an item, that item will be removed from ~he Consent Agenda and will be considered separately. 1. Approval of Clains 2. Hillcrest Trunk Sanitary Sewer, Project 86-22: Accept Project 3. Rosela~nAvenue, Jackson to Rice, Project 87-01: Cooperative A~reement &. State Aid Resolution - Beam Avenue 5. Certification of Delinquent Sewer Rental Bills 6. Certification of Tree Removals PUBLIC HEARINGS 1. 7:00 P.N., Code Amendment: Two Houses/Lot (lst Reading) 2. 7:15 P.M., Narkfort 2nd Addition a. Developer'e Revisiou b. Renewal and S~affRevisiou c. Feasibility Study - Rtpley Street, East of NcMenemy AWARD OF BIDS UNFINISHED BUSINESS 1. Torgerson Addition Preliminary Plat a. Condition Regarding City Storm Sewer Project b. Time Extensio~ 2. Lift Station Monitoring 3. Hishwood/HcKnisht Outlet &. Storage Building for Park Haintenance NE~BUSINESS 1. Preliminary Approval of 1990 Bond Issue 2. 1201 Frost Avenue (Skon) a. Conditional Use Permit Renewal b. Used Car License 3. Stop Sisna - Cres~'view AddittoU &. Harvest Park Development 5. Residential Picketing Ordinanc~ 6. Recycling Charge 7. Partnership - Resolution 8. Cit~yHallUpdate VISITOR PRESENTATIONS COUNCIL PRESENTATIONS 1. 0 ADMINISTRATIVE PRESENTATIONS ADJOURNMENT OF MEETING MINI~ES OF MAPLE~OOD CIT~ COUNCIL 7:00 P.M., Monday, October 8, 1990 Council Chambers, Municipal Building Meeting No. 90-26 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 Basttan. ROLL CALL Gary W. Bastian, Mayor Dale H. Carlson, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember Present Present Present Present Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 90-21 (September 17, 1990) Councilmember Zappa moved to avorove the Minutes of Meeting No, 90-21 (September 17, 1990) as submitted, Seconded by Mayor Basttan. Ayes - all. 2. Minutes of Meeting No. 90-22 (September 18, 1990) Counctlmember Zappa moved to approve the Minutes of Meeting No, 90-22 (September 18, 1990) as submitted, Seconded by Mayor Bastian. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa. Councilmember Juker abstained. 3. Minutes of Meeting No. 90-23 (September 19, 1990) Councilmember Zappa moved to aoprove the Minutes of Meeting No, 90-23 (September 19. 1990) as submitted. Seconded by Mayor Basttan. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa. 10-8-90 Counctlmember Juker abstained. 4. Minutes of Meeting No. 90-24 (September 20, 1990) Councilmember Zappa moved to approve the Minutes of Meeting No. 90-24 (September 20, 1990) as submitted, Seconded by Mayor Basttan. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa. Councilmember Juker abstained. D. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended; 1. N.E.S.T. 2. City' Flag 3. Lights 4. Mayor's Report 5. Add H-5, Metro East Development Partnership 6. Add I-9, Lawful Gambling 7. Add 1-10, Sale of City Vehicles 8. Schedule Council/Manager Workshop 9. Resolution: Community Education Day Seconded by Councilmember Juker. Ayes - all. FA PRESENTATION 1. Metro East Development Partnership a. Mr. Tim Rogers, representing Metro East, requested the Council renew their membership in the organization. b. No action taken. E. CONSENT AGENDA Councilmember Zappa moved, seconded by Councilmember Carlson. Aves - all. to approve the Consent Agenda Items 1 through 6 as recommended. 1. Approval of Claims Approved the following claims: 2 10-8-90 ACCOUNTS PAYABLE; $ 563,449.63 139.137.70 $ 702,587.33 PAYROLL; $ 193,090.58 $ 37,899,44 $ 230,990.02 $ 933,577.35 Checks ~ 10862 thru# 10941 Dated 9-12-90 thru 9-28-90 Checks ~ 7377 thru ~ 7512 Dated 10-8-90 Total per attached voucher/check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL Hillcrest Trunk Sanitary Sewer, Project 86-22: Resolution No. 90 - 10 - 165 Accept Project WHEREAS, the City Engineer for the City of Maplewood has determined that Hillcrest Trunk Sanitary Sewer, City Project 86-22, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 86-22 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 3. RoselawnAvenue, Jackson to Rice, Project 87-01: Cooperative Agreement Approved the authorization that the Mayor execute a cooperative agreement with Ramsey County to provide for the construction of RoselawnAvenue from Jackson Street to Rice Street. Resolution No. 90 - 10 - 166 RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ALONG A PORTION OF ROSELAWN AVENUE 3 10-8-90 WHEREAS, the County has planned the Improvement of RoselawnAvenue (CSAII 26) from Rice Street (T.H. 49) to Jackson Street; and WHEREAS, the County will be expending County State Aid Highway funds (S.A.P. 62-626-04) on the improvement of said street; and WHEREAS, to be in conformance with the approved study report and detail design. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests the County to restrict the parking of motor vehicles on both sides of Roselawn Avenue from Rice Street (T.H. 49) to Jackson Street. 4. State Aid Resolution - Beam Avenue Resolution No. 90 - 10 - 167 WHEREAS, it appears to the City Council of the City of Maplewood that the street hereinafter described should be designated a municipal state aid street under the provisions of Minnesota Laws of 1967, Chapter 162. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the County of Ramsey that the road described as follows, to-wit: Beginning at the westerly extent of designated County State Aid Highway 19 on Beam Avenue west of Trunk Highway 61 located at 730 feet west of the southeast corner of the North 1/2 of Section 4, Township 29N, Range 22W, thence 4150 feet on Beam Avenue and Walter Street to a terminus at the Walter Street and County Road D (CSAH 19) intersection located at 370 feet east of the northwest corner of the East 1/2 of Section 4, Township 29N, Range 22W. be, and hereby is established, located, and designated a municipal state aid street of said City, subject to the approval of the Commissioner of Highways. of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that on his approval of the designation of said road or portion thereof, that same be constructed, improved, and maintained as a municipal state aid street of the City of Maplewood to be numbered and known as Municipal State Aid Street 138-122. 5. Certification of Delinquent Sewer Rental Bills Resolution No. 90 - 10 - 168 4 10-8-90 F? RESOLVED that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges, said list made a part herein, for certification against the tax levy of said property owners for the Year 1990, collectible in 1991, and which listing includes interest at the rate of eight percent (8%) on the total amount for one year. Total amount to be certified: $150,396.98. 6. Certification of Tree Removal Resolution No. 90 - 10 - 169 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County charges of $173.25 for tree removal at 1765 Gurney Street, PIN 18-29-22-34-0009-4, for certification against the tax levy of said property owner for the Year 1990, collectible in 1991, including interest at the rate of eight percent (8%) on the total amount for one year. Total amount to be certified: $173.25 PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Two Houses/Lot (lst Reading) a. Mayor Bastian convened the meeting for a public hearing regarding the request of John Collins, 2076 English Street, for an amendment to the City Code to allow a person to construct a new home on a lot that already has a home on it. The new construction would be subject to the removal of the old house after completion of the new house. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Gerke presented the Planning Commission recommendation. e. John Collins, 2076 English, the applicant, spoke on behalf of his request. f. Mayor Bastian called for persons who wished to be heard for or against the proposal. None were heard. g. Mayor Bastian closed the public hearing. 5 10-8-90 h. Counctlmember Zappa moved first reading of an ordinance amendiD? Chapter 36. Division 3, of the Maplewood Code to allow construction of s new single dwelling on a lot with an existing single dwelling, Seconded by Mayor Bastian. Ayes all. t. Councilmember Rossbach moved to waive the Rules of Procedure, declare an emergency to have second readtnm of the ordinance, Seconded by Councilmember Juker. Ayes all. J. Councilmember Juker introduced the following ordinance and moved its adoDtion: ORDINANCE NO. 672 AN ORDINANCE AMENDING CHAPTER 36, DIVISION 3 OF THE MAPLEWOOD CITY CODE BY AMENDING SECTION 36-66 (a) (1) REGARDING CONSTRUCTION OF A NEW SINGLE DWELLING ON A LOT WITH AN EXISTING SINGLE DWELLING THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 36-66 (a) (1) is amended as follows: Sec. 36-66 (a) (1). One single-family dwelling and its accessory buildings on each lot. Property owners may construct a second single-family dwelling on their lot, if they meet the following conditions: a. The property owner shall sign a statement prepared by the City. This statement shall include an agreement to remove the existing house (including the basement and footings) and clean up the site within ninety (90) days of completion or occupancy of the new house. In the event of adverse weather conditions which cause a delay in the demolition or removal, the Director of Community Development may grant one (1) time extension for the required removal, site clean-up and restoration of up to sixty (60) days. The City Council may approve one (1) additional time extension. b. The property owner giving the City an irrevocable letter of credit or cash escrow equal to one and one-half (1 1/2) times the estimated cost of the removal or demolition of the existing house. This surety is to 6 10-8-90 insure the removal of the existing house and cleanup of the site. c. The property owner signing a right-of-entry agreement allowing City-designated workers or contractors on the property to remove the older house or clean up the property. d. Compliance with Section 36-23 of City Code, concerning access. e. The property owner shall site the new house so there is adequate emergency vehicle access to both houses. This shall be subject to the approval of the Director of Public Safety. f. The property owner must occupy the existing (old) house. Section 2. Section 36-24 is deleted. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Counctlmember Rossbach. Ayes all. 2. 7:15 P.M., Markfort 2nd Addition a. Developer's Revision b. Renewal and Staff Revision c. Feasibility Study - Rtpley Street, East of McMenemy 1. Mayor Bastian convened the meeting for a public hearing regarding the request of Leo Markfort for approval of a revision to a previously approved preliminary plat (the previous plat had 12 lots, Mr. Markfort has replaced three of the lot with an outlot); (2) Renewal of the preliminary plan for another year; (3) Staff request approval of the feasibility study to construct Ripley Street: East of McMenemy. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Director of Public Works Haider presented the specifics of the drainage question and feasibility study. 7 10-8-90 5. Commissioner Gerke presented the Planning Commission recommendation. 6. Mr. Leo Markfort, the applicant, spoke on behalf of his proposed development. 7. Virgil Hawkins, Mater Stewart and Associates, Inc., also spoke on behalf of the proposal. 8. Mayor Basttan called for persons who wished to be heard for or against the proposal. The following expressed their views: James Chtnquist, 539 Bellwood Audrey Duellman, 1843 DeSoto 9. Mayor Bastian closed the public hearing. 10. Councilmember Zappa moved to table this item until the Meeting of November 15, 1990, and direct staff to work with the developer to solve the ponding issues. Seconded by Mayor Bastian. Ayes all. G, AWARD OF BIDS None. H, UNFINISHED BUSINESS 1. Torgerson Addition Preliminary Plat a. Condition Regarding Storm Sewer Project b. Time Extension 1. Manager McGuire presented the staff report. 2. Counctlmember Zappa moved that Condition A on the Torgerson Addition Prelimlna~y plat be revised to read as follows: The preliminary plat conditions adopted on October 28, 1988, are amended as follows: Condition A is hereby deleted and the following shall be new Condition A: The developer shall submit an engineering design, prepared by a professional engineer, for on-site ponding of additional runoff created by the development. 8 10-8-90 and approve a one-year time extension for the Torgerson Addition preliminary plat, subject to the original conditions of approval. Seconded by Councilmember Carlson. Ayes - all. Lift Station Monitoring a. Manager McGutre presented the staff report. b. Councilmember Zappa moved ~ table this item until the Meeting of October 22. 1990. Seconded by Counctlmember Rossbach. Ayes - all. Highwood/McKnight Outlet a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the proposal. c. A letter from Bill Poppert, 2433 Htghwood, was read into the record. d. Councilmember Zappa moved to acceot staff alternate No. 2. Motion died for lack of a second. e. Councilmember Rossbach moved the following alternate No. 2 of the staff report: "Approve the project with direction to staff to negotiate an agreement with St. Paul. The long-term agreement to construct an outlet pipe would be in the best interest of Maplewood. The French property would likely be transferred to St. Paul, relieving Maplewood of future responsibility." with the stipulation that if negotiations with St. Paul and Ramsey County fall within a six month period, the project be brought back before Council. Seconded by Counctlmember Juker. Ayes - Councilmembers Carlson, Juker, Rossbach, and Zappa. Nay - Mayor Bastian. 9 10-8-90 f. Councilmember Rossbach introduced the following resolution and moved its adoption; 90 - 10 - 170 WHEREAS, after due notice of public hearing on the construction of storm sewer and pondtng areas for the Htghwood/McKnight Outlet, City Project 90-10, a hearing on said improvement in accordance with the notice duly given was duly held on August 13, 1990, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: That it is advisable, expedient and necessary that the City of Maplewood construct storm sewer and pondtng areas for the Highwood/McKnight Outlet, city Project 90-10, as described in the notice of hearing thereof, and orders the same to be made. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The project budget is amended to $370,000. The project financing shall be as follows: Special assessment Cash payment from Gonyea Development Co. General obligation $257,500 57,600 54,900 Total $370,000 Seconded by Counctlmember Juker. Ayes - Councilmembers Carlson, Juker, Rossbach and Zappa. Nay - Mayor Basttan. Storage Building for Park Maintenance a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to table approval of the storage buildinm and authorized contacting the owners of the property adjoining City hall property regarding purchasing such DroDerty. 10 10-8-90 Seconded by Counctlmember Juker. Ayes - all. 5. Metro East Development Partnership a. Manager McGuire presented the report. b. Councilmember Rossbach moved to table this item until October 22. 1990 Meeting. Seconded by Mayor Bastian. Ayes - Mayor Basttan, Councilmembers Carlson and Rossbach Nays - Councilmembers Juker and Zappa. I. NEW BUSINESS 1. Preliminary Approval of 1990 Bond Issue a. Manager McGuire presented the staff report. b. Councilmember Rossbach introduced the following resolution and moved its adoption; 90 - 10 - 171 RESOLUTION PROVIDING FOR PUBLIC SALE OF $5,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Finding: Amount and Purpose. It is hereby found, determined and declared that this City should issue $5,000,000 General Obligation Improvement Bonds, Series 1990 (the "Bonds") to provide money to finance the construction of various improvements in the City. 2. Meeting: Bid Opening. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open bids at the time and place specified in such Notice of Bond Sale. 3. Notice of Bond Sale. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Northwestern Financial Review not less than ten (10) days in advance of date of sale, 11 10-8-90 as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. Official Terms of Bond Sale. The terms and conditions of said Bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. O~ficial Statement. The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an official statement for the Bonds. EXHIBIT A NOTICE OF BOND SALE $5,000,000 CITY OF MAPLEWOOD RAMSEY COUNTY MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990 Sealed bids on these bonds will be opened by the City Clerk, or designee, on Thursday, November 15, 1990, at 11:00 A.M., Central Time, at the offices of Miller & Schroeder Financial, Inc., 7900 Xerxes Avenue South, in Minneapolis, Minnesota. Consideration of the bids and the award of sale will be by the City Council at the City Hall in Maplewood, Minnesota, at 4:30 P.M. of the same day. The bonds will be dated December 1, 1990 and interest will be payable June 1, 1991, and semiannually thereafter. The bonds will be general obligations of the Issuer for which its unlimited taxing powers will be pledged. The Issuer will designate the bonds as qualified tax-exempt obligations. The bonds will mature on December 1 in the years and amounts as follows: Year Amount Year Amoun~ 1991 1992 1993 1994 1995. 1996 1997 1998 1999 2000 $ 10 000 135 000 140 000 150.000 160 000 170 000 180 000 195 000 210 000 225 000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 $ 240 000 255 000 275 000 300 000 320 000 345 000 375 000 405 000 435 000 475 000 12 10-8-90 Ail bonds maturing on or after December 1, 1999, are subject to prior payment on December 1, 1998, and on any interest payment date thereafter at a price of par and accrued interest. Sealed bids for not less than $4,925,000 and accrued interest o~'t~e principal sum of $5,000,000 will be accepted. An approving legal opinion will be furnished by Brtggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. The proceeds will be used to provide money to finance the construction of various improvements in the City. Bidders should be aware that the Official Terms of Bond Sale to be published in the Official Statement for the sale may contain additional bidding terms and information relative to the Issue. In the event of a variance between statements in this Notice of Bond Sale and said Official Terms of Bond Sale the provisions of the latter shall be those to be complied with. Dated: October 8, 1990. BY ORDER OF THE CITY COUNCIL /S/ Luctlle Aurelius City Clerk EXHIBIT B OFFICIAL TERMS OF BOND SALE $5,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1990 CITY OF MAPLEWOOD RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed bids for these bonds will be opened by the City Clerk, or designee, on Thursday, November 15, 1990, at 11:00 A.M., Central Time, at the offices of Miller & Schroeder Financial, Inc., 7900 Xerxes Avenue South, Minneapolis, Minnesota. Consideration of the bids 13 10-8-90 TYPE OF BONDS: DATE OF ORIGINAL ISSUE OF BONDS: PURPOSE: INTEREST PAYMENTS: MATURITIES: REDEMPTION: and the award of sale will be by the City Council at the City Hall in Maplewood, Minnesota, at 4:30 P.M. of the same day. Fully registered general obligation bonds, $5,000 or larger denominations at the option of the bidder. December 1, 1990. To provide money to finance the construction of various improvements in the City. June 1, 1991, and semiannually thereafter on June 1 and December 1. December 1 in each of the years and amounts as follows: Yea~ Amount 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 $ 10 000 135 000 140 000 150 000 160 000 170 000 180 000 195 000 210 000 225 000 240 000 255 000 275 000 300 000 320 000 345 000 375 000 405 000 435 000 475 000 At the option of the Issuer, bonds maturing on or after December 1, 1999, shall be subject to prior payment, on December 1, 1998, and any interest payment date thereafter, at a price of par and 14 10- 8- 90 BOND REGISTRAR: CUSIP NUMBERS: DELIVERY: TYPE OF BID: accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first 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 Registrar. The Issuer will name the Registrar and paying agent which shall be subject to applicable SEC regulations. Principal will be payable at the main corporate office of the Registrar and interest will be payable by check of draft of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of the bond at his address as it appears on the books of the Registrar. The Issuer will pay reasonable and customary charges for the services of the Registrar. 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 shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Bond printing and legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser. Legal opinion will be printed on the bonds at the request of the successful bidder. Sealed bids of not less than $4,925,000 and 15 10-8-90 RATES: INFORMATION FROM PURCHASER: QUALIFIED TAX EXEMPT OBLIGATIONS: AWARD: accrued interest on the principal sum of $5,000,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Bids must be unconditional except as to legality. A certified or cashier's check in the amount of $100,000, payable to the order of the Finance Director of the Issuer must accompany each bid, to be forfeited as liquidated damages if bidder fails to comply with accepted bid. Bids for the bonds should be addressed to: Dan Faust Finance Director City Hall 1830 East County Road B Maplewood, Mn. 55109 All rates must be in integral multiples of 1/20th or 1/Sth of 1%. Ail bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities, and additional rates shall not be used. Purchase price must be paid in immediately available funds, not Clearing House Funds. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all 16 10-8-90 bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. Dated: October 8, 1990 BY ORDER OF THE CITY COUNCIL /s/ Luctlle Aurelius City Clerk Ayes all. 1201 Frost Avenue (Skon) Used Car License 1. Manager McGutre presented the staff report. 2. Director of Community Development Olson explained the specifics of the proposal. 3. Jonathan Skon, the applicant, spoke on behalf of his request. 4. Mayor Basttan moved to approve the renewal of the conditional use permit for one year at 1201 Frost Avenue to sell used cars subject 40 the original conditions and also aPProved the Used Car License Permit, Seconded by Councilmember Zappa. Ayes - all. 5. Mayor Bastian moved that staff investigate the Blake DroDert~ and see if there are nuisance ordSnance violations and report back to Council, Ayes - all. Seconded by Councilmember Zappa. Conditional Use Permit Renewal: Seconded by Counctlmember Zappa. Stop Signs - Crestvtew Addition a. b. Manager McGutre presented the staff report. Director of Public Works Hatder presented the specifics. The following area residents spoke in favor of the stop sign: Jon Melander, 458 So. Sterling Debra Delarico, 459 So. Sterling 17 10-8-90 Cindy Shanley, 376 So. Sterling Barb Schmttz, 333 O'Day Street Resident, 341 O'Day Street Roxanne Coccharilla, 443 So. Sterling Mary Spetgelberger, 324 So. O'Day Street Cathy Tollefson, 2587 Pond Avenue d. Councilmember Zappa moved to place 4-way stop signs at Mary-Sterlinz- O'Day; Sterling and Mailand, Seconded by Counctlmember Juker. Councilmember Zappa withdrew his motion. e. Mayor Bastian moved to approve stop signs at pond and O'Day; Crosswalk at Pond and Sterling; 4-way stop sign at Mary-Sterling: and 2 StoD signs at Sterling and Mailand, and requested staff tO nrovide Council the schematics of the crosswalk. Seconded by Counctlmember Rossbach. Ayes all. 4. Harvest Park Development a. Manager McGuire presented the staff report. b. The following area residents expressed their views regarding their displeasure with the park development: Glenn Bloomer, 2451 Barclay Resident at 2432 Barclay Resident, 2421 Barclay Kirk Tressmon, 2427 Barclay c. Director of parks and Recreation Odegard spoke on behalf of the development. d. Mr. Keith Wehrman, Wehrman, Bergly Associates, spoke regarding the design of the park. e. Jeanne Ewald, Board Member on the Parks and Recreation Commission, presented the findings of the Commission. Mayor Bastian moved to suspend the Rules of procedures to continue the meeting until the end of the Agenda. Seconded by CounCilmember Rossbach. Ayes all. 18 10-8-90 f. No action taken. Residential Picketing Ordinance a. Mana§er McGuire presented the staff report. b. Counctlmember Zappa moved first reading of an ordinance Drohibitinz targeted picketing in residential netzhborhoods. Seconded' by Councilmember Juker. 6. Recycling Charge Ayes - Counctlmembers Carlson, Juker, Rossbach and Zappa. Mayor Bastian abstained. a. Manager McGuire presented the staff report. b. Counctlmember Zappa moved that no action be taken and requested staff research costs for 1992. Seconded by Councilmember Juker. Councilmember Juker withdrew her second. Motion died for lack of a second. c. Mayor Bastian moved 1st reading of an ordinance establishing a charze for recycling. Seconded by Counctlmember Carlson. Ayes - Mayor Bastian, Councilmembers Carlson and Juker Nays Councilmembers Rossbach and Zappa d. Council directed this ordinance be placed on the November 15, 1990 Meeting. Partnership - Resolution a. Manager McGutre presented the staff report. b. Mayor Bastian introduced the following proclamation and moved its adoption: 90 - 10 - 172 19 10-8-90 ~HEREAS Alcohol and other drug abuse has reached lar§e proportions in our nation, inflicting its pain, destruction, and death on all ages and economic groups; and ~HEREAS Abusive use of chemicals is often the underlying cause of crime and violence, endangering citizens and diminishing the quality of community life; and NtiEREAS Visible unified preventative efforts are needed to reduce the demand for drugs and to educate our young people for a drug-free futures; and ~HEREAS THE PARTNERSHIP is sponsoring the THIRD ANNUAL RED RIBBON CAMPAIGN October 21-27, 1990, as part of a nationwide effort to show citizen commitment to drug-free communities; and WHEREAS Governor Rudy Perpich and Senator Rudy Boschwitz are State Honorary Chairmen for this focus on community action to address the drug problem; and ~HEREAS Business, government, law enforcement, schools, religious institutions, service organizations, youth, senior citizens, and other individuals will demonstrate their commitment to drug-free, healthy life- styles by displaying red ribbons during the week-long campaign; and ~EREAS, 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 Haplewood does hereby proclaim October 21-27 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: "KY CHOICE . . DRUG FREE." Seconded by Councilmember Juker. Ayes - all. 8. City hall Update a. Nothing to report. 9. Gambling Resolution a. Manager McGuire presented the staff report. 20 10-8-9C- b. Mayor Basttan introduced the following resolutions and moved their adoption: 90 - lO - 173 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Transfiguration School. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. 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. Stat. §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. 90 - 10 - 174 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for Hill Murray Pioneers Association. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. 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. Stat. §450/324/ 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. 90 - 10 - 175 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the premises permit for lawful gambling is approved for North Maplewood Lionesses. 21 10-8-90 FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. 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. Stat. §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. 90 - 10 - 176 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: That the premises permit for lawful gambling is approved for North Maplewood Lions. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. 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. Stat. §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. 90 - 10 - 177 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: That the premises permit for lawful gambling is approved for St. Jerome's Church. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. 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. Stat. §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. 22 10-8-90 Ko 10. Seconded by Councilmember Zappa. Ayes - all. Sale of City Vehicles a. Manager McGuire presented the staff report. b. Mayor Basttan moved to award the bids to the highest bid for th, purchase of six city vehicles as follows; Vehicle Description Miles 1985 Ford Crown Victoria 1985 Ford Crown Victoria 1983 Ford Fairmont 1987 Plymouth Gran Fury 1987 Chevrolet Caprice 1987 Chevrolet Caprice 77,500 92,500 51,700 73,700 75,900 71,700 Seconded by Councilmember Zappa. 11. Council/Manager Highest Bid $ 1,011.00 1,111.00 2,123.12 2,222.22 2,161.80 2,295.00 Ayes all. a. Mayor Bastian moved to meet with the Manager November 5, 1990, from 5:30 P.M. to 8;30 P,M, to discuss the police study, auditor's report, etc. Seconded by Councilmember Zappa. VISITOR PRESENTATION None. COUNCIL PRESENTATIONS 1. Ayes - all. N.E.S.T. a. Councilmember Zappa stated N.E.S.T. has requested the City have tickets for transportation by N.E.S.T. available to sell. b. Manager McGuire stated he could not see a problem in the City handling this. City Flag a. Counctlmember Zappa questioned if the City has a City Flag. b. Staff stated the only flag is the one celebrating the City's 25th Anniversary. 23 10-8-90 Councilmember Zappa moved to authorize staff to obtain an updated City flag. Seconded by Mayor Bastian. Ayes - all. Lights a. Counctlmember Juker commented on the lights from County Road B to the city parking lots. She also commented on the memo received concerning lights. Councilmember Juker m~ved to instruct staff to research different types of lighting for this area. Seconded by Councilmember Rossbach. Ayes - Counctlmembers Carlson, Juker, Rossbach and Zappa. Nay - Mayor Bastian. Mayor Bastian presented the following: Chamber Lunch, 10-11-90 at 11:30 A.M. Hudalla "going away party", 10-10-90 Tartan Park, 5:30 P.M. to 10:00 P.M. Cable Retreat, 5:30 P.M. to 10:00 P.M. M.L.C., Breakfast Meeting 10-17-90 (meeting the legislators) Red Ribbon Group, 10-22-90 Public Forum: Community Center, Council Chambers, 6:00 P.M., 10-10-90 Developer's Meeting, 10-10-90 at 8:30 A.M. Community Service Learning to Care a. Mayor Basttan introduced the f~llowing resolution and moved its adoption: Mayor's Report a. 90 - 10 - 178 24 10-8-90 A RESOLUTION TO DESIGNATE TUESDAY, NOVEMBER 13, 1990, AS COMMUNITY EDUCATION DAY IN MAPLEWOOD, MINNESOTA WHEREAS, community education aims to give community residents of all ages a chance to learn and grow; and WHEREAs, the citizens of Maplewood are committed to helping young people become fully and responsibly involved in community life; and WHEREAS, the opportunity to perform hands-on community service helps the young develop a sense of connectedness with the community and its institutions; and WHEREAS, many genuine community needs can be successfully addressed by young volunteers; and WHEREAS, the theme of National Community Education Day in 1990 is "Community Service: Learning To Care," NOW, THEREFORE BE IT RESOLVED THAT I, Gary Bastian, Mayor of Maplewood, Minnesota, do hereby proclaim Tuesday, November 13, 1990, COMMUNITY EDUCATION DAY in Maplewood, Minnesota. I call upon our citizens to observe GOMMUNITY EDUCATION DAY by recognizing and supporting the efforts of our schools and community agencies to provide young people with opportunities to learn and grow through meaningful, valued service to others. /s/ Gary Bastian Mayor of Maplewood Seconded by Councilmember Juker. Ayes all. L, ADMINISTRATIVE PRESENTATIONS None. ADJOURNMENT 11:22 P.M. City Clerk 25 10-8-90