HomeMy WebLinkAbout10-12-92 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 Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL•
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juker, 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 aoorove the minutes of Meeting No. 92-17
,{September 14. 1992) as corrected:
Pg. 9, 6-g: "Councilmember Zappa introduced
Pg. 18, 4-d: "Councilmember Zappa moved to approve
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Meeting 92'-18 (September 28, 1992)
Councilmember Zappa moved to aoorove the minutes of Meeting No. 92-92-18
(September 28. 1992) as presented.
Seconded by Councilmember Rossbach Ayes - all'
E. APPROVAL OF AGENDA:
Councilmember Zappa moved to 'aoorove 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
1 10-12-92
EA. APPOINTMENTS/PRESENTATIONS
1. Planning Commission Appointment
a. Manager McGuire presented the staff report..
- b. Councilmember Zappa moved to appoint Kevin Kittridoe to the Planning
Commission.
Seconded by Councilmember Carlson Ayes - all
2. Proclamation
a. Manager McGuire presented the staff report.
b. Mayor Bastian introduced the foltowina Proclamation 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 alt 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
life styles by displaying red ribbons during the week-tong 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 aTl
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.
2 10-12-92
c. Mayor Bastian moved to approve a budget transfer of E500 from the
Charitable Gambling Fund to cover Maolewood's share of the parade. serving
hot dogs and the "Prevent Violence" program.
Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers
- Carlson, Juker, Rossbach
Nays - Councilmember Zappa
F. CONSENT AGENDA:
Councilmember Zappa moved. seconded by Councilmember Rossbach: ayes - all, to
approve the consent agenda items 1 thru 11 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: S 621,823.18' Checks #23632 - #23691
Dated 9-17-92 thru 9-30-92
3 376.040.87 Checks #18548 - #18659
Dated 10-12-92
S 997,864.05 Total per attached voucher/check register
PAYROLL: S 211,114.77 Payroll Checks #28618 thru #28836
Dated 9-25-92
3 42.568.74 Payroll Deduction Checks #28841 thru
#2&856 dated 9-25-92
S 253,683.51 Total Payroll
31.251.547.56 GRAND TOTAL
2. Donations to Maplewood Nature Center Building Addition Fund
Accepted 378.00 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 - 30 - 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 list of diseased tree removal costs, said
list 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 5900.00
18-29-22-42-0047 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.
3 10-12-92
5. Budget Adjustment: Youth Soccer
Approved a budget adjustment in the amount of 51,500.00 for account 101-603-
208-4120 to purchase trophies for the Youth Soccer Program. This expenditure
is offset by an increase in revenues from the program.
6. 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 5200.00 and Part-Time
Wages (101-603-270-4020) in the amount of 5150.00 (total of x350.00) 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 86-04 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 5273,250 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:
5 235,700 87-01 Roselawn Avenue - Jackson
119,095 87-14 Holloway Avenue - Beebe to Furness
710,400 88-12 Beam Avenue - TH61 to County Road D
285,000 90-14 County Rood B TH61 storm sewer
97,100 86-27 Larpenteur Avenue, 35E - Edgerton
76.180 89-12 White Bear Ave. - Larpenteur to Frost
51,523,475
(b) From the Sewer Fund to the funds for the following projects:
5 70,000 90-07 City Wide Watermain Extension
16,000 90-14 County Road B TH61 Storm Sewer
222.585 89-12 White Bear Ave. - Larpenteur to Frost
5 308,585
4 10-12-92
11. Ambulance Bills - Application for Cancellation
Approved cancellation, on the basis of hardship, of the balances (except for expected
Medicare payment) of three ambulance bills for Dean A. Ganzkow.
G. PUBLIC HEARINGS
1. 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.
f. Councilmember Rossbach introduced the followino Resolution and moved. its
adootion•
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. NEW BUSINESS
8. Tax-Exempt Financing (Group Health Plan, Inc.)
a. Manager McGuire presented the staff report.
b. Mary Ippet, Briggs and Morgan Bonding Consultant, presented the specifics
of the proposal.
c. Councilmember Zappa moved to denv the proposal.
Motion died for lack of a second.
d. Councilmember Carlson introduced the followino-Resolution end moved its
adoation•
5 10-12-92
92 - 10 - 134
RESOLUTION GIVING 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 570,000,000 (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 political subdivision but will 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)
2. 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.
6 10-12-92
e. Mayor 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. Councilmember Zappa moved to accent the staff recommendation and delete -
condition 6 from the Community Design Review Board's March 24. 1992 motion.
After one year staff is to prepare a report for Council review.
Seconded by Mayor Bastian Ayes - all
Conditional Use Permit
h. Councilmember Zappa introduced the following Resolution and moved its
adoption•
92 - 30 - 135
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS,'Con/Spec Corporation applied for a conditibnaT- 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 application on September
21, 1992. They recommended that the City Council approve this
permit.
2. The City Council held a public hearing on October 12, 1992. City
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.
7 10-12-92
5. lre 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.
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, 1992. 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 line 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 agate that is 100% opaque.
5. The City Council shall review this permit in one year.
Seconded by Mayor Bastian Ayes - all
3. 7:20 P. M. (7:52 P.M.), House Moving: Sherren Avenue
a. Mayor Bastian convened the meeting fora 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
8 10-12-92
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 aoorove the housemoving subiect to James
NYoaard and Mike Siverhus doinq the following
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.
5. 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 to 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 Frisbie Hill, consisting
of fourteen single-dwelling lots on a site north of Frisbie 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
9 10-12-92
opponents. The following µsrsons were heard:.
Bill Dolen, Consulting Engineers for K & J Corporation.
The developer
Robert Shanley, 1264 Frisbie
Marie Shanley, 1264 Frisbie
f. Mayor Bastian closed the public hearing..
Land Use Change (4 Yotes)
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
dwellings.
2. Single dwellings would be more compatible than multiple dwellings
with the 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 chance the resolution pertaining to
zoning to reflect the Council's concern to leave the 70 foot strip as is.
Seconded by Councilmember Carlson Ayes - all
10 10-12-92
i. Mayor Bastian moved to install a "Walter Street" concept on Frisbie.
Seconded by Councilmember Zappa Ayes - Councilmember Zappa
Nays - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Motion 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 drainage problem without a ditch and that the system be the full
length 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. Councilmember Zappa moved to direct staff to prepare a notice provision for
the preliminary plat.
Seconded by Mayor Bastian Ayes - all
Preliminary Plat
n. Councilmember Rossbach moved to approve the ~reliminarv oTat sub.iect 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.
11 10-12-92
4) The developer shall waive the right to a public hearing and agree
to be assessed 536,750 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: 51,000 per lot on each of 14 lots and
522,750 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 conditions 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
adootion•
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 22.
12 10-12-92
2. 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.
13 10-12-92
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.
Seconded by Councilmember Carlson Ayes - all
Design Review
e. Councilmember Zappa moved to approve the plans stamped October 7. 1992
sub.iect to the applicant doing the following_
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, ahandicap-parking
sign for each handicap-parking space and an address on the
building.
4. Screen al i_ 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.
6. 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.
14 10-12-92
The reyaired 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 and 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 proposed ordinance that would
limit the people who could appeal the staff aoaroval of minor construction
plans and single dwellings.
Seconded by Councilmember Juker Ayes - Councilmembers Juker, Rossbach,
Zappa
Nays - Mayor Bastian, Councilmember
Carlson
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 proposed ordinance that
would change the regulations about single and double dwelling setbacks.
Seconded by Councilmember Zappa Ayes...- all
J. NEW BUSINESS
i. 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 its
adootion•
92-10- 138
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
(4,500,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1992A
(SEE ATTACHED)
15 10-12-92
EXTRACT 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. for the purpose in part of authorizing the compet~t~ve
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, Councilnenbers Uale H. Carlson, Frances L. Juker,
George F. Rossbach, Joseph A. Zappa
and the following were absent: tdone
Councilmember Zappa introduced the'followinq
resolution and moved its adoption:
92 - 10 - 138
RESOLUTION PROVIDING FOR
THE COMPETITIVE NEGOTIATED
SALE OF $4,500,000
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS,
SERIES 1992A
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 $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
H. WHEREAS, the City has retained Springsted
Incorporated, in Saint Paul, Minnesota ("Springsted"), as ita
independent financial advisor for the Bonds and is therefore
authorized to sell the Bonds by a competitive negotiated tale in
accordance with Minnesota Statutes, Section 475.60, Subdivision
2(9):
226563
15f1
• NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Maplewood, Minnesota, as follows:
L 1~uthorization: Finding. The Council hereby
authorizes Springsted to solicit bids for the competitive
negotiated sale of the Bonds.
2. j¢eetinq• Bid Qpeninv. The Council shall meet at
the time and place specified in the Terms of Proposal attached
hereto ae Exhibit 11 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. Terms of Proposal. The terms'and'conditions of the
Bonds and the negotiation thereof are fully set forth in the
"Terms of Proposal" attached hereto as Exhibit l1 and hereby
approved and made a part hereof.
4. Official Statement. In connection with said
competitive negotiated sale, the officers or employees 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 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.
is
uasas
2
l5"B
EXHIBIT A
THE CITY HAS AIJTHORRED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE
ON RS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
54r500.000*
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION IMPROVEMENT REFUNDING
BONDS, SERIES 1992A
Proposals for the Bonds will be received by the City Clerk or her designee on Thursday,
November 19,1992, untA 11:00 AM., CenVai Time, at the offices of Springsted Incorporated, t35
East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they wi8 be opened and
tabulated. Consideration for award of the Bonds will be by the City Counal at 4:30 P.M.,
CenVai Time, of the same day.
DETAILS OF THE BONDS
The Bonds will be dated December 1,1992, 85 the date of original issue, and will bear interest
payable on February t and August 1 of each year, commencing August t, 1993. frrterest will
be computed on the basis of e' 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 fuly 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 regisVar 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 5415,000 2005 $380,000
1998 $440,000 2002 5410,000....... 2006 5375,000
1999 $435,000 2003 5405,000 2007 $205,000
2000 5425,000 2004 5385,000 2008 $200,OOD
• The City reserves the right, alter proposals are opened and prior to award, ro increase or reduce the
principal amount o/ the Bonds offered /or sale. Any such increase or reduction will be in a iota!
amount not to exceed 5300,000 and will be made in multiples of 55,000 in any o/ the maturrtes. In fhe
event the principal amount o/ rire Bonds is increased or reduced, any premium offered or arty
discount taken will be increased or reduced by a percentage equal to the percentage by which the
principal amount o/ the 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 1,2003. 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 regisVar. Ali prepayments shall be at a price of par plus axrued interest.
_i_
l?rC
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge ks toll fafth and
credit and power to levy direct general ad valorem taxes. In addition the City will pledge
special assessments levied against benefited properties. 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 maturties of the City's General Obligation
Improvement Bonds, dated August 1,1988.
TYPE OF PROPOSALS.
Proposals shall be for not less than 54,441,500 and accrued Interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Fakh Deposft ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond In the amount of 545,000,
payable to the order of the City. tt a check is used, tt must accompany each proposal. tt a
Financial Surety Bond is used, tt 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 Surety Bond
must identify each underwrter whose Deposit is guaranteed by such Financial Surety Bond. tt
the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is
required to submft ks Deposft to Springsted Incorporated in the 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. tt such Deposft is not received by
that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposft
requirement. The City will depostt 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 purchaser
` fails to comply wfth the accepted proposal, said amount will be retained by the City. No
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 wtthout 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 order. Bonds of the same
maturity shaii 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.
BONG INSURANCE AT PURCHASER'S OPTION
k the Bonds quality for issuance of any policy of municipal bond insurance or commftment
therefor at the option of the underwrter, the purchase of any such insurance policy or the
issuance of any such commttment 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 shaii be paid by the purchaser, except that, tt 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.
-ii-
15D
t
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
H 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 wfth 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 the purchaser of an approving legal opinion of Briggs and Morgan,
Prafessionai Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be
printed on the Bonds, and of customary closing papers, including a no-litigation cert'fiicate. 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. Excepi as compliance with the terms of payment for the Bonds shall have been
made impossible by action of the City, br 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 serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies o1 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,
B5 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223.3000.
The O~cial 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
senior managing underwriter of the syndicate to which the Bonds are awarded 1 BO 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 undenNrfter delivering a proposal with respect to the Bonds agrees thereby
that i( its proposal is accepted by the City (i) it shall accept such designation and (ii) it shalt
enter into a contractual relationship with all Participating Underwrfters of the Bonds for
purposes of assuring the receipt by each such Participating Underwrter of the Final Official
Statement.
Dated October 12,1992 BY ORDER OF THE CITY COUNCIL
!s/ Mrs. Lucille Aurelius
City Clerk
-iii -
l5f
Seconded by Councilmember Carlson Ayes - all
d. Councilmember Zappa introduced the following Resolution and moved its
adootion•
92 - 30 - 139
RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF
X1,515,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 19928
(SEE ATTACHED)
Seconded by Councilmember Carlson' Ayes - all
2. Change Order Number 1 for Park Plantings
a. Assistant Manager Maglich presented the staff report.
b. Councilmember Zappa moved to approve Chance Order No. 1 for Dark plantinos.
Seconded by Councilmember Carlson Ayes - all
3. Stop Sign Removal Request
a. Assistant Manager Maglich presented the staff report.
b. Councilmember Zappa moved to remove the stop signs on Riolev at Atlantic.
Frank, and Phalen Place and to install anew stop sign on Soahia 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 Council regarding
this matter. The following was heard:
Leon Johnson, 2983 Walter Street
c. Councilmember Zappa moved to deny this request until the area is fully
developed.
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.
16 10-12-92
EXTRACT 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, n regular or
special meeting of the City Council of the City of Maplewood,
Ramsey County, Minnesota, vas duly held at the City Hall in said
City on the 12th day of October, 1992, beginning at 7:00 o'clock
P.K. for the purpose in part of authorizing the competitive
negotiated sale of the $1,515,000 General Obligation Tax
Increment Refunding Bonds, Series 19928, of said 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
Councilmember Zappa 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 1992B
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 1992B (the "Bonds"), to refund
the 1994 through 2001 maturities of the City's General Obligation
Tax Increment Bonds, dated August 1, 1986; and
B. WHEREAS, the City has retained Springsted
Incorporated, in Saint Paul, Minnesota ("Springsted"j, 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(9j:
s:
2zsses
~
NOW, THEREFORE, BE IT RESOLVED by the City Council of
' the City of Maplewood, Minnesota, as follows:
1. Authorization; Findings. The Council hereby
authorizes Springsted to solicit bids foz the competitive
negotiated sale of the Bonds.
2. Meeting; Bid Openinv. 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 Cale of, the Bonds. The City Clerk, or her
designee, chall open bids at the time and place specified in such
Terms of Proposal..
3. Terms of ProDOSal. 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.
4. Official Statement. In connection with said
competitive negotiated sale, the officers or employees 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 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.
r:
226Sa5
2
EXHIBIT A
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE
ON RS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
=1,515,000*
CRY OF MAPLEWOOD, MINNESOTA
GENERAL OBtJGATiON TAX INCREMENT REFUNDING
BONDS, SERIES 19928
Proposals for the Bonds will be receNed by the City Cleric or her designee on Thursday,
November 19,1992, urttii 11:00 AM., CenVal Time, at the offices of Springsted k?corporated, 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.M.,
CenVai Time, of the same day.
DETAILS OF THE BONDS
The Bonds wilt 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 30tfay 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 h appears on the
books of the regisVar 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:
1994 $245,000 1997 $170,000 2000 $200,000
1995 $260,000 1998 $185,000 2001 S 95,000
1996 5165,000 1999 $195,000
* The City reserves the right, after proposals ere opened and prior to award, ro increase or reduce the
principal amount of the Bonds offered for sale. My such increase or reduction will be in a tore/
amount not ro exceed 550,000 and will be made in multiples of 55,000 in any of the maturities. In the
evern the principal amount of the Bonds is increased or reduced, any premium offered a any
discount taken will be increased or reduced by a percentage equal ro Use percentage by which the
principal amourn or the Bonds is increased or ?educed.
OPTIONAL REDEMPTION
The Bonds will not be subject to payment in advance of their respective stated maturity dates.
SECURRYAND PURPOSE
The Bonds wilt 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 wtthin 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 1, t966.
ilo ~
TYPE OF PROPOSALS
Proposals shaii be for not less than $1,501,365 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("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. H a check is used, it must accompany each proposal. K 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 Surety Bond
must identify each underwriter whose Deposft is guaranteed by such Financial Surety Bond. K
the Bonds are awarded to an underwrfter using a Financial Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the 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 tollowing the award. K such Deposit is not received by
that time, the Financial Surety 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 purchaser
fails to comply with the accepted proposal, said amount will be retained by the City. No
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
muttipies of 5!100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same
maturity shalt 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 wRh customary practice, will be controlling. ,
BOND INSURANCE AT PURCHASER'S OPTION
H 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 shaii 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, 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 tees 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 wnstitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
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
H the Bonds quality Tor 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
-ii-
/~v D
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 Paui and Minneapolis, Minnesota, which opinion will be
printed on the Bonds, and of customary closing papers, including a no-lftigation certficate. 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 wfth 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 serve as a nearly-final Official
_ Statement within the meaning of Rule 15c2-12 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, Sufte 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 wfth 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, ft shall provide without cost to the
senior managing underwriter of the syndicate to which the Bonds are awarded 60 copies of the
Officiat 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 fts agent for
purposes of distributing copies of the Final Official Statement to each Participating Underwrfter.
Any underwriter delivering a proposal wfth respect to the Bonds agrees thereby that if 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 Undervvriter of the Final Official Statement.
Dated October 12,1992 BY ORDER OF THE CITY COUNCIL
/s/ Mrs. Lucille Aurelius
City Clerk
-iii -
b. Councilmember Zappa moved that Ramsev 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. Councilmember Zappa moved to aoorove the variance from connecting to
sanitarv sewer for one vear 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 wilt 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 will 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 turnbacks
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 33.13 million for the improvement of
roadways to acceptable levels prior to transferring jurisdiction over roadway
segments from Ramsey County to municipalities; and
17 10-12-92
WHEREAS, the plan also provides for establishment of appropriate 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 increase 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 - alt
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'denv the Sanitarv Sewer hook-uo extension
Seconded by Councilmember Rossbach Ayes - Councilmembers Juker, Rossbach,
Zappa
Nays - Mayor Bastian, Councilmember
Carlson
Renewal of Used Car License
d. Mayor Bastian moved to approve renewal of the Used Car License
Seconded by Councilmember Zappa Ayes - all
10. Employee Computer Purchasing Ptan
a. Assistant Manager Maglich presented the staff report,
b. Human Resource Director Blackstone presented the specifics of the report.
c. Councilmember Zappa moved to denv the proposal.
Seconded by Councilmember Juker
d. Mayor Bastian moved to table this item and glace it on a Council/Manager
meeting agenda for discussion.
Seconded by Councilmember Zappa Ayes - all'
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11. Appointment of Project Review Committee
a. Assistant Manager Maglich presented the staff report.
- b. Councilmember Zappa moved to establish the Pro.iect Review Committee.
c. Mayor Bastian moved to table this item for two weeks to the October 26 1992
meeting.
Seconded by Councilmember Zappa Ayes - all
12. M~lewood in Motion 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 - atl
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 denv the "Plav 21" request for revision of the
oamblinq 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 - Mater 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.
19 10-12-92
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 Rossbach moved to direct staff to review legislation
regarding the flying of such flags.
Seconded by Mayor Bastian Ayes - all
L. COUNCIL PRESENTATIONS
1. Community Center
a. Councilmember Juker commented on the 3M Theater in the Historical
- Society building.
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
meeting.
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
20 10-12-92