HomeMy WebLinkAbout11-15-90 MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P. M., Thursday, November 15, 1990
Council Chambers, Municipal Building
Meeting No. 90-28
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 4:32 P.M., by
Mayor Bastian.
B. 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
C. APPROVAL OF MINUTES~'~
1. Meeting No. 90-26 (October 8, 1990)
Councilmember Zappa moved to auorove the Minutes of Meeting No. 90-26
(October. 8. 1990) as submitted.
Seconded by Mayor Bastian. Ayes - all.
2. Meeting No. 90-27 (October 22, 1990)
Councilmember Zappa moved to aoorove the Minutes of Meetine No. 90-27
(October 22. 1990) as corrected:
Page 8 "R-1" instead of 4-1
Page 14 "Lloyd" not "Hazel"
Seconded by Mayor Bastian. Ayes - all.
3. Meeting - November 5, 1990
Councilmember Zappa moved to aovrove the Minutes of the Meeting of
November 5. 1990, as corrected:
Page 2, Item G. The forms will be distributed to the City Council on a
quarterly basis.
1 11-15-90
- Seconded by Mayor Bastian. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended:
1. Signs: Plaza 3000 Building
2. Metro Waste Commission Letter
3. Employee Acknowledgement
4. Fina Station
5. Falk Kennel License
6. Planning Commission
7. Mayor's Update
8. Proclamation
Seconded by Councilmember Juker. Ayes - all.
E-A PRESENTATION
Council presented a placque to Director of Public Works Ken Haider in appreciation
for his overseeing the building of the City Hall addition.
E. CONSENT AGENDA
Mayor Bastian moved to expunge the staff report of October 11. 1990. from the
present report.
Seconded by Councilmember Zappa. Ayes - all.
Council removed Items E-8, 10, 13, 9 and 15 from the Consent Agenda to become
Items Z-12, 13, 14, 15 and 16 and delete item E-16 from the Agenda.
Councilmember Zappa moved seconded by Councilmember Rossbach. Ayes - all. to
approve the Consent Agenda Items 1 through 7. 11. 12, 14. and 17 through 22 as
recommended:
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 465,381.95 Checks 10990 thru 11094
Dated 10-10-90 thru 10-31-90
S 743.195.36 Checks 7651 thru 7837
Dated 11-12-90
$ 1,208,577.31 Total per attached voucher/check register
2 11-15-9U
PAYROLL:
$ 381,800.71 Payroll Checks
S 75.856.17 Payroll Deductions
$ 457,656.88 Total Payroll
$ 1,666,234.19 GRAND TOTAL
2. Budget Adjustment - Finance Department
Authorized to decrease the 1991 Budget for the Finance Department by
$3,080 and increase the 1990 Budget for the Finance Department by $3,080
to finance the purchase of office equipment for the part-time accountant
position.
3. Application For Cancellation of Ambulance Bill
Authorized the cancellation of a $143 ambulance bill for Paul Landreville
due to hardship.
4. Designation of Depository
Resolution No. 90-11-188
CERTIFICATE OF THE ADOPTION OF CORPORATE
RESOLUTIONS AUTHORIZING DOING BUSINESS
WITH KIDDER, PEABODY & CO., INCORPORATED
I, Lucille Aurelius, City Clerk for the city of Maplewood, under. the
laws of Minnesota (hereafter "the Corporation"), do hereby certify that at
a meeting of the City Council, duly held on the 15th day of November,
1990, at which a quorum was present and acting throughout, the following
Resolutions were duly adopted and are still in full force and effect:
RESOLVED: First: That any one of the following named officers and.
employees:
Daniel Faust Title: Finance Director
Carole Anderson Title: Assistant Finance Director
Chris Regis Title: Accountant
Peggy Gibbs Title: Accountant
3 11-15-90
be, and each of them hereby is, authorized, for and on behalf of the
Corporation, to establish and maintain one or more accounts with Kidder,
Peabody & Co., Incorporated, or its affiliates (hereafter "Kidder,
Peabody") for the purpose of buying and selling securities issued by or
guaranteed by the U.S. Government or its agencies including repurchase or
reverse repurchase transactions, non-exchange traded options thereon, and
to do all things necessary or appropriate in connection therewith:
Second: That, in the event of any change in the office or powers of
persons hereby authorized, the City Clerk shall certify such change to
Kidder, Peabody in writing in the manner hereinabove provided, which
notification, when received, shall be adequate both to terminate the
authorization of the persons theretofore authorized, and to authorize the
persons thereby substituted.
Third: That the City Clerk of the Corporation be, and is hereby
directed to certify and deliver under seal of the Corporation to Kidder,
Peabody:
(a) a true copy of these resolutions;
(b) a certificate that the Corporation is duly organized and
existing, that its Charter and By-Laws authorize it to
transact the business otherwise imposed upon such
authority.
Fourth: That Kidder, Peabody may rely upon my certification until it
shall have received written notice of a change in or the rescission of
authority.
IN WITNESS WHEREOF, I hereunto set my hand and affix the seal of the
Corporation this 15th day of November, 1990.
5. Conditional Use Permit Termination and Home Occupation License: 2646 Maryland
Avenue (Shonka)
1. Termination of the conditional use permit at 2646 Maryland Avenue for a
beauty shop.
2. Approval of a home occupation license for Katherine Shonka to
operate a beauty shop at 2646 Maryland Avenue. Approval is
subject to the original conditions of approval.
6. Conditional Use, Permit Renewal: 2207 McAfee Circle (Hoffman)
Approved renewal of the conditional use permit for 2207 McAfee Circle for
an indefinite time period.
4 11-15- '
7. Conditional Use Permit Renewal: Pondview Apartments
Approved renewal of the conditional use permit for the Pondview Apartments
planned unit development for an indefinite length of time, subject to the
October 24, 1988 conditions of approval.
8. Conditional Use Permit Renewal: 1248 Cope Avenue (Lillie Vet Clinic)
Discussed as item I-12.
9. Conditional Use Permit Renewal: Kennard St., North of Beam Avenue
Discussed as Item I-15.
10. Preliminary Plat time Extension: Miggler Addition
Discussed as Item I-13.
11. Preliminary Plat Time Extension: Crestview Fifth Addition
Approved a one-year time extension for the Crestview Fifth Addition
preliminary plat, subject to the November 14, 1988 conditions of approval.
12. Final Plat: Highwood Third Addition
Approved the Highwood Third Addition final plat.
13. Final Plat: North Glen Third Addition
Discussed as item I-14
14. Planning Commission Resignation
Resolution No. 90 - 11 - 189
WHEREAS, Sue Fiola has been a member of the Maplewood Planning
- Commission since April 28, 1986, and has served faithfully in that
capacity to the present time; and
WHEREAS, the Planning Commission has appreciated her experience,
insights and good judgment; and
WHEREAS, she has freely given of her time and energy, without
compensation, for the betterment of the City of Maplewood; and
5 11-15-90
WHEREAS, she has shown sincere dedication to her duties and has
consistently contributed her leadership, time and effort for the benefit
- of the City.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Sue Fiola is hereby extended
our heartfelt gratitude and appreciation for her dedicated service and we
wish her continued success in the future.
15. M.I.S. One-Year_Appointment
Discussed as Item I-16.
16. Budget Transfer: Maintenance Materials
Deleted from Agenda.
17. Budget Transfer Request: Legal Fees
Approved the transfer of $4,000 from the General Fund contingency account,
101-119-000-4910, to account 101-103-000-4480 to cover the costs of legal
fees for the remainder of 1990.
18. Budget Adjustment: Adult Volleyball
Approved an adjustment of $2,500.00 to increase Account No. 101-603-218-
4480 to pay for volleyball referees. The registration of additional teams
will produce income of approximately $3,000.00 in excess of the budgeted
income for Adult Volleyball.
19. Budget Adjustment: Golf Program
Approved payment of $567.00 (Code No. 101-603-295-4480) for expenditures
for youth golf. Revenue received was $659.00 (Code No. 101-000-295-5641)
20. Budget Adjustment: "Maplewood In Motion"
Approved the budget adjustments from the Contingency Fund in the amount of
$225.00 (Code No. 101-111-000-4360) to cover the cost of printing the
"Maplewood In Motion" and $220.00 (Code No. 101-111-000-4330) to cover the
postage cost.
21. Holloway Avenue, Beebe to Furness, Project 87-14: Cooperative Agreement
Resolution No. 90 - 11 - 190
6 11-15-!
Agreement between the City Maplewood MSA 138-119-02
of Maplewood, City of North Maplewood 87-14
St. Paul, and the County of North St. Paul 151-258-03
Ramsey North St. Paul 89-01
Ramsey County 89-119
Ramsey County Account 47445
Re: Holloway Avenue con- North St. Paul: Estimated
struction from Beebe Amount Receivable:
Road (7th Street) to
Furness Street (6th Street $44,600.00
Street) and transfer Water Main & Services 26,500.00
_ of Holloway Avenue Sanitary Services 9.300.00
from Furness Street
(6th Street) to Total $80,400.00
McKnight Road
Ramsey County: Estimated
Amount Receivable:
_ Street $44,800.00
Storm Sewer 18 400,00
Total $63,200.00
THIS AGREEMENT, by and between the City of Maplewood, Minnesota, a
municipal corporation, hereinafter referred to as "MAPLEWOOD," the City of
North St. Paul, a municipal corporation, hereinafter referred to as "NORTH
ST. PAUL," and the County of Ramsey, a political subdivision of the State
of Minnesota, hereinafter referred to as the "COUNTY";
WITNESSETH:
WHEREAS, Maplewood, North St. Paul, and the County desire to design,
construct, and maintain Holloway Avenue from Beebe Road (7th Street) to
Furness Street (6th Street); and
WHEREAS, Holloway Avenue from North St. Paul Road (7th Avenue) to
McKnight Road is the border between the City of Maplewood and the City of
North St. Paul; and
WHEREAS, Holloway Avenue from Beebe Road to McKnight Road has been
designated by the Minnesota Department of Transportation as a Municipal
State Aid street for Maplewood; and
WHEREAS, Holloway Avenue from 7th Street to McKnight Road has been
designated by the Minnesota Department of Transportation as a Municipal
State Aid road for the City of North St. Paul; and
7 11-15-90
WHEREAS, Holloway Avenue from North St. Paul Road (7th Avenue) to
McKnight Road is proposed to be designated as Ramsey County Road 119; and
WHEREAS, an october 11, 1988, supplemental report concerning proposed
improvements and cost apportionment between Maplewood, the City of North
St. Paul, and the County was prepared by Maplewood's engineering
consultant; and
WHEREAS, at the direction of the Maplewood City Council, the October
11, 1988, supplemental report has been modified to change the proposed
street from 44 feet to 36 feet as documented in an October 31, 1990,
agenda report. The modified proposed design will provide for a parking
lane on the North St. Paul side of the roadway, together with two 12-foot
wide travel lanes. No parking restrictions on the Maplewood side of the
roadway will be necessary.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Maplewood shall contract with the engineering firm of Short-
. Elliott-Hendrickson, Inc., for the preparation of plans and specifications
for the recommended project as set forth in the modified October 11, 1988,
supplemental report. This is generally described as a 36-foot wide
bituminous street with concrete curb and gutter on Holloway from Beebe
Road (7th Street) to Furness Street (6th Street), together with water
mains and storm sewer in this segment and realignment of the Furness
Street intersection.
2. After completion of the plans and specifications by Short-Elliott-
Hendrickson, Inc., they shall be submitted to the governing bodies of
Maplewood, North St. Paul, and the County for approval.
3. After the plans and spec ifieations have been approved by the three
governmental bodies, then Maplewood will advertise for construction bids.
Maplewood will award the project after concurrence of award of bid by
North St. Paul and the County.
4. Maplewood shall acquire and pay for all right-of-way and permanent
easements required for the construction of the project. Maplewood will
acquire required temporary construction easements within the Maplewood
corporate boundary. The City of North St. Paul shall acquire required
temporary easements within the corporate boundary of North St. Paul.
5. Maplewood shall contract with the engineering firm of Short-
Elliott-Hendrickson, Inc., for construction inspection and staking
services. Maplewood shall administer the construction contract.
g 11-15-
6. After completion of the construction, the 66-foot wide Holloway
Avenue right-of-way from North St. Paul Road (7th Avenue) to McKnight Road
and the triangular parcel on the east side of Holloway Avenue at North St.
Paul Road (PIN 14-29-22-13-0047) shall be assigned by Maplewood and North
St. Paul to the County. parking and other regulations pertaining to
Holloway Avenue will be controlled by the County.
7. Project costs shall be defined as the total amount of the contract
items constructed multiplied by the awarded bid unit price, approved
change orders, and all expenses necessarily incurred for all noncity staff
services including engineering, legal, soil testing, surveying, and
arbitration. Engineering costs and other eligible indirect expenses shall
be distributed to the construction cost items on a pro rata basis. These
costs shall include expenditures and expenses incurred by the City of
Maplewood for feasibility report preparation. The preparation of
preliminary assessment rolls and presentations for public hearings for
their respective communities are not part of the project cost.
8. The County shall pay for 100 percent of the project costs
associated with the center 24 feet, i.e., two 12-foot lanes, of the
roadway. Maplewood and North St. Paul shall pay for the balance of items
associated with roadway construction of a 50 percent to 50 percent basis.
9. The project cost associated with storm sewer construction shall be
distributed to Maplewood and the County on a weighted runoff coefficient
times area basis.s The County shall pay the portion of the storm sewer
costs attributable to the 66-foot wide Holloway right-of-way. The balance
of storm sewer costs shall be attributable to Maplewood.
10. After completion of the project, the County shall .own and maintain
the storm sewer catch basins and leads and Maplewood shall own and
maintain the storm sewer trunk line. Laterals servicing property outside
the road right-of-way shall be owned and maintained by the respective
city. The storm sewer is intended to service only the right-of-way and
abutting properties. It is not to be extended to service other areas.
11. the cost of all utility extensions or betterment shall be paid by
the respective city. Operation and maintenance of water and sanitary
sewer utility improvements is the responsibility of the respective city.
12. Any utilities or facilities modified or added to those provisions
_ presently made in the plans and specifications may be incorporated in the
construction contract by supplemental agreement and shall be paid for as
specified in the supplemental agreement.
13. Short-Elliott-Hendrickson, Inc., shall review the contractor's
monthly application for payment and determine cost apportionment to
9 11-15-90
_ Maplewood, North St. Paul, and the County. The County agrees to pay
Maplewood its share of construction cost, plus consultant engineering
fees, and other eligible project costs incurred as of the date of partial
payment application within fourteen (14) days of submittal of invoice.
14. North St. Paul shall pay Maplewood monthly its prorated share of
the project costs as stipulated herein before. Payment shall be made
within fourteen (14) days of submittal of invoice.
15. The County, North St. Paul, and Maplewood shall pay their own in-
house costs associated with the improvement including, but not limited to,
engineering, legal, and administrative costs.
16. After completion of the project the ownership, operation, and
maintenance of Holloway Avenue roadway and right-of-way from North St.
Paul Road to McKnight Road shall be transferred to the County as County
Road 119 to be its sole and exclusive responsibility.
17. Maplewood and North St. Paul each shall be responsible for
conducting its separate assessment proceeding with respect to its
proportionate share of the costs of the improvement, and each party thus
shall bear all costs and expenses associated with any such assessment
proceeding. Each party consequently shall defend itself in the event of
an appeal of an assessment by a property owner and bear all costs
associated with the legal defense of any such appeal (including, but not
limited to, attorneys', engineers', appraisers', and other experts' fees,
costs, and expenses) and the economic consequences of any such appeal, if
decided unfavorably to the party, without right of indemnity or
contribution from the other party hereto.
18. Maplewood, North St. Paul, and the County agree to indemnify each
other and hold each other harmless from any and all claims, causes of
action, lawsuits, judgments, charges, demands, costs, and expenses,
including, but not limited to, interest involved therein and attorneys'
fees and costs and expenses connected therewith, arising out of or
resulting from the failure of either party to satisfy the provisions of
- this agreement or for damages caused to fourth parties as a result of the
manner in which Maplewood or North St. Paul or the County perform or fail
to perform duties imposed on each party by the terms of this agreement.
19. This agreement shall remain in full force and effect until
terminated by mutual agreement of Maplewood, North St. Paul, and County.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed.
22. Highway 61, Beam Avenue to County Road C
10 11-15-9U
a. Plan Amendment (4 Votes)
b. Rezonings (4 Votes)
Resolution No. 90 - 11 - 191
WHEREAS, the City Council initiated an amendment to the City's
Comprehensive Plan as shown on page 6 of the October 11, staff report.
WHEREAS, this amendment applies to the west side of Highway 61, from
County Road C to Beam Avenue..
WHEREAS, the history of this plan amendment is as follows:
1. The Planning Commission held a public hearing on January
18, 1990, to consider this plan amendment. City Staff
published a notice of this hearing 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 they change the northwest corner of
County road C and Highway 61 to BW (business warehouse).
2. The City Council discussed the plan amendment on october
22, 1990. They considered reports and recommendations
from the Planing Commission and City Staff.
NOW, THEREFORE, BE IT .RESOLVED that the City Council approve the
above-described plan amendment for the following reasons:
1. A home could be built with a small amount of fill.
2. A lift pump would not be needed for a home.
3. There is peat on the site.
4. The Council is concerned with the proximity of commercial
to existing homes.
5. MnDOT has denied access to residential property at the
southeast corner of Highway 61 and County Road C.
6. There are trees on the site that would be saved with a
home versus commercial.
Resolution No. 90 - 11 - 192
11 11-15-90
WHEREAS, the City of Maplewood initiated a rezoning from M-1, (light
manufacturing) to F, (farm residential) and R-1 (single dwelling), for the
property west of Highway 61 between County Road C and Beam Avenue as shown
on page 8 in the Staff report dated october 11, 1990.
WHEREAS, this rezoning is as follows:
1. This rezoning was reviewed by the Maplewood Planning
Commission on January 18, 1990. The Planning Commission
recommended to the City Council that said rezoning be
approved except for the northwest corner of Highway 61 and
County Road C.
2. The Maplewood City Council held a public hearing on
october 22, 1990, to consider this rezoning. Notice
thereof was published and mailed pursuant to law. All
persons present at said hearing were given an opportunity
to be heard and present written statements. The Council
also considered reports and recommendations of the City
Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described rezoning be approved on the basis of the following
findings of fact:
1. The proposed change is consistent with the spirit, purpose
and intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from the
character of the neighborhood, and that the use of the
property adjacent to the area included in the proposed
change or plan is adequately safeguarded.
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and the
public welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public
services and facilities, such as public water, sewers,
police and fire protection and schools.
F. PUBLIC HEARINGS
1. 4:30 P.M., Public Hearing on Proposed Liquor License Fee Increase.
12 11-15-~
a. Mayor Bastian convened the meeting for a public hearing regarding the proposal to
increase the Intoxicating Liquor License fees.
b. Manager McGuire presented the staff report.
c. Mayor Bastian called for persons who wished to be heard for or against the proposal.
The following voiced their opinions:
Roger Clausen, Keller Lake Lounge
d. Mayor Bastian closed the public hearing.
e. Councilmember Juker moved that staff prepare a policy that liquor license owners be
notified that if payment for the license is not on time they are facing forfeiture of their
licenses.
Seconded by Councilmember Zappa. Ayes -all.
_ £ Councilmember Zappa moved to approve the following intoxicating on-sale liquor
license fees:
1989 1990 1991
On-Sale $5,040 $5,290 $5,500
Wine:
Seating -first 25 seats 987 1,040 1,080
Each Additional 10 seats 129 135 140
Maximum-per State law 2,000 2,000 2,000
Seconded by Councilmember Rossbach. Ayes -all.
G. AWARD OF BIDS
1. 1990 Improvement Bonds
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the proposal.
c. Dan Harhnan, Miller and Schroeder Financial, Inc., Bonding Consultant, presented
the bids.
d. Councilmember Zappa introduced the following resolution and moved its adoption:
13 11-15-90
90-11-193
RESOLUTION ACCEPTING BID ON
SALE OF
$5,000,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 1990, PROVIDING FOR THEIR ISSUANCE
AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"),
has heretofore determined and declared that it is necessary and expedient to issue
$5,000,000 General Obligation Improvement Bonds, Series 1990 of the City, pursuant to
Minnesota Statutes, Chapters 429 and 475, to finance the construction of various
improvements in the City (the "Improvements"); and
B. WHEREAS, the Irprovements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be
assessed; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood,
Minnesota, as follows:
1. Acceptance of Bid. The bid of Hams Trust and Savings Band (the "Purchaser"),
to purchase $5,000,000 General Obligation Improvement Bonds, Series 1990 of the City
(the "Bonds", or individually a "Bond"), in accordance with the notice of bond sale, at
the rates of interest hereinafter set forth, and to pay therefore the sum of $4,926,841.00,
plus interest accrued to settlement, is hereby found, determined and declared to be the
most favorable bid received and is hereby accepted, and the Bonds are hereby awazded to
said bidder. The clerk is directed to retain the deposit of said bidder and to forthwith
return to the unsuccessful bidders their good faith checks or drafts.
2. Title; Original Issue Date: Denominations; Maturities. The Bonds shall be titled
"General Obligation Improvement Bonds, Series 1990", shall be dated December 1,
1990, as the date of original issue and shall be issued forthwith on or after such date as
fully registered bonds. The bonds shall be numbered from R-1 upward in the
denomination of $5,000 each or in any integral multiple thereof of a single maturity. The
Bonds shall mature on December 1 in the years and amounts as follows:
Year Amount Yeaz Amount
1991 $ 10,000 2001 $240,000
1992 135,000 2002 255,000
1993 140,000 2003 275,000
14 11-15-90
1994 150,000 2004 300,000
1995 160,000 2005 320,000
1996 170,000 2006 345,000
1997 180,000 2007 375,000
1998 195,000 2008 405,000
1999 210,000 2009 435,000
2000 225,000 2010 475,000
3. Purpose. The Bonds shall provide funds to finance the Improvements. The
total cost of the Improvements, which shall include all costs enumerated in
_ Minnesota Statutes, Section 475.65, is estimated to be at least equal to the
amount of the Bonds. Work on the Improvements shall proceed with due diligence to
completion. The City covenants that it shall do all things and perform all acts
required of it to assure that work on the Improvements proceeds with due diligence
to completion and that any and all permits and studies required under law for the
Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on June 1
_ and December 1 of each year (each, an "Interest Payment Date"), commencing June 1,
1991, calculated on the basis of a 360-day year of twelve 30-day months, at the
respective rates per annum set forth opposite the maturity years as follows:
Maturity Interest Maturity Interest
Year Rate Year Rate
1991 5.70 X 2001 6.40 %
1992 5.70 2002 6.50
1993 5.80 2003 6.50
1994 5.90 2004 6.60
1995 6.00 2005 6.70
1996 6.05 2006 6.75
1997 6.10 2007 6.75
1998 6.15 2008. 6.75
2999 6.25 2009 6.75
2000 6.30 2010 6.75
5. Redemption. All Bonds maturing in the years 1999 to 2010, both inclusive,
shall be subject to redemption and prepayment at the option of the City on
December 1, 1998, and on any Interest Payment Date thereafter at price of par plus
accrued interest. Redemption may be in whole or in part of the Bonds subject to
prepayment. If redemption is in part, those Bonds remaining unpaid which have the
latest maturity date shall be prepaid first; and if only part of the Bonds having
15 11-15-90
a common maturity date are called for prepayment, the specific Bonds to be prepaid
shall be chosen by lot by the bond Registrar. Bonds or portions thereof called
for redemption shall be due and payable on the redemption date, and interest
thereon shall cease to accrue from and after the redemption date. Published
notice of redemption shall in each case be given in accordance with law, and
mailed notice of redemption shall be given to the paying agent and to each
affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the
bond Registrar prior to giving notice of redemption shall assign to each Bond
having a common maturity date a distinctive number. for each $5,000 of the
principal amount of such Bond. The Bond Registrar shall then select by lot, using
such method of selection as it shall deem proper in its discretion, from the
numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number,
shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed sha13 be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of each such Bond of a
denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each
number assigned to it and so selected. If a Bond is to be redeemed only in part,
it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar
so requires, a written instrument of transfer in form satisfactory to the City and
bond Registrar duly executed by the holder thereof or his, her or its attorney
duly authorized in writing) and the City shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such Bond, without
service charge, a new Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or denominations, as
requested by such Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. Northwest Bank Minnesota, National Association, in
Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent
with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until
a successor Bond Registrar is duly appointed, all pursuant to any contract the
City and Bond Registrar shall execute which is consistent herewith. The Bond
Registrar shall also serve as paying agent unless and until a successor paying
agent is duly appointed. Principal and interest on the Bonds shall be paid to the
registered holders (or record holders) of the Bonds in the manner set forth in the
form of Bond and paragraph 12 of this resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate
of Authentication, the form of Assignment and the registration information
thereon, shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
16 11-15-9U"'
R $
I
GENERAL OBLIGATION IMPROVEMENT
BOND, SERIES 1990
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
DECEMBER 1, 1990
REGISTERED OWNER:
PRINCIPAL AMOUNT:
KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County,
Minnesota (the "Issuer"), certifies that it is indebted and for value received
promises to pay to the registered owner specified above, or registered assigns, in
the manner hereinafter set forth, the principal amount specified above, on the
- maturity date specified above, unless called for earlier redemption, and to pay
interest thereon semiannually on June 1 and December 1 of each year (each, an
"Interest Payment Date"), commencing June 1, 1991, at the rate per annum specified
above (calculated on the basis of a 360-day year of twelve 30-day months) until
the principal sum is paid or has been provided for. This Bond will bear interest
from the most recent Interest Payment Date to which interest has been paid or, if
no interest has been paid, from the date of original issue hereof. The principal
of and premium, if any, on this bond are payable upon presentation and surrender
hereof at the principal office of Norwest Bank Minnesota, National Association, in
Minneapolis, Minnesota (the "Bond Registrar"), acting as paying agent or any
successor paying agent duly appointed by the issuer. Interest on this Bond will
be paid on each Interest Payment Date by check or draft mailed to the person in
whose name this bond is registered (the "Holder" or "Bondholder") on the
registration books of the Issuer maintained by the Bond Registrar and at the
address appearing thereon at the close of business on the fifteenth day of the
calendar month next preceding such Interest Payment Date (the "Regular Record
Date"). Any interest not so timely paid shall cease to be payable to the person
who is the Holder hereof as of the Regular Record Date, and shall be payable to
the person who is the Holder hereof at the close of business on a date (the
"Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record
Date shall be given to Bondholders not less than ten days prior to the Special
Record Date. The principal of and premium, if any, and interest on this Bond are
payable in lawful money of the United States of America.
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON
THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT
AS IF SET FORTH HERE.
17 11-15-90
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to
happen and to be performed, precedent to and in the issuance of this Bond, have
been done, have happened and have been performed, in regular and due form, time
and manner as required by law, and that this Bond, together with all other debts
of the Issuer outstanding on the date of original issue hereof and the date of its
issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its
City Council has caused this Bond to be executed on its behalf by the facsimile
signatures of its Mayor and its Clerk, the corporate seal of the Issuer having
been intentionally omitted as permitted by law.
Date of Registration: Registrable by:
Payable at:
BOND REGISTRAR'S CITY OF MAPLEWOOD,
CERTIFICATE OF RAMSEY COUNTY, MINNESOTA
AUTHENTICATION
This Bond is one of the
Bonds described in the ~s/ Facsimile
Resolution mentioned Mayor
within.
/s/ Facsimile
Bond Registrar Clerk
By
Authorized Signature
ON REVERSE OF BOND
Redemption. All Bonds of this issue (the "Bonds") maturing in the Years 1999
to 2010, both inclusive, are subject to redemption and prepayment at the option of
the Issuer on December 1, 1998, and on any Interest Payment Date thereafter at a
price of par plus accrued interest. Redemption may be in whole or in part of the
Bonds subject to prepayment. If redemption is in part, those 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 bond Registrar. Bonds
or portions thereof called for redemption shall be due and payable on the
redemption date, and interest thereon shall cease to accrue from and after the
redemption date. Published notice of redemption shall in each case be given in
18 11-15-9t -
accordance with law, and mailed notice of redemption shall be given to the paying
agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemotion• Partial Redemption. To effect a partial
redemption of Bonds having a common maturity date, the Bond Registrar shall assign
to each Bond having a common maturity date a distinctive number for each $5,000 of
the principal amount of such Bond. The Bond Registrar shall then select by lot,
using such method of selection as it shall deem proper in its discretion, from the
numbers assigned to the Bonds, as many numbers as, at $5,000 for each number,
shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principle amount of such Bond of a denomination
of more than $5,000 shall be redeemed as shall equal $5,000 for each number
assigned to it and so selected. If a Bond is to be redeemed only in part, it
shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar
so requires, a written instrument of transfer in form satisfactory to the Issuer
and Bond Registrar duly executed by the Holder thereof or his, her or its attorney
_ duly authorized in writing) and the Issuer shall execute (if necessary) and the
Bond Registrar shall authenticate and deliver to the Holder of such Bond, without
service charge, a new Bond or Bonds of the same series having the same stated
maturity and interest rate and of any authorized denomination or denominations, as
requested by such Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion of the principal of the Bond so surrendered.
Issuance• Puroose; General Obligation. This Bond is one of an issue in the
total principal amount of $5,000,000, all of like date of original issue and
tenor, except as to number, maturity, interest rate, denomination and redemption
privilege, which Bond has been issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota and pursuant to a resolution
adopted by the. City Council of the Issuer on November 15, 1990. (the "Resolution"),
for the purpose of providing money to finance the construction of,various
improvements within the jurisdiction of the Issuer. This Bond is payable out of
the General Obligation Improvement Bonds, Series 1990 Fund of the issuer. This
Bond constitutes a general obligation of the Issuer, and to provide moneys for the
prompt and full payment of its principal, premium, if any, and interest when the
same become due, the full faith and credit and taxing powers of the Issuer have
been and are hereby irrevocably pledged.
Denominations: Exchange: Resolution. The Bonds are issuable solely as fully
registered bonds in the denominations of $5,000 and integral multiples thereof of
a single maturity and are exchangeable for fully registered Bonds of other
authorized denominations in equal aggregate principal amounts at the principal
office of the Bond Registrar, but only in the manner and subject to the
limitations provided in the Resolution. Reference is hereby made to the
Resolution for a description of the rights and duties of the Bond Registrar.
Copies of the Resolution are on file in the principal office of the Bond
Registrar.
19 11-15-90
Transfer. This Bond is transferable by the Holder in person or by his, her or
its attorney duly authorized in writing at the principal office of the Bond
Registrar upon presentation and surrender hereof to the Bond Registrar, all
subject to the terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the Bond Registrar.
Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the
name of the transferee (but not registered in blank or to "bearer" or similar
designation), of an authorized denomination or denominations, in aggregate
principal amount equal to the principal amount of this Bond, of the same maturity
and bearing interest at the same rate
_ Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection
with the transfer or exchange of this Bond and any legal or unusual costs
regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
_ person in whose name this Bond is registered. as the owner hereof for the purpose
of receiving payment as herein provided (except as otherwise provided on the
reverse side hereof with respect to the Record Date) and for all other purposes,
whether or not this Bond shall be overdue, and neither the issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security unless the Certificate of Authentication
hereon shall have been executed by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer
as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the
Internal Revenue Code of 1986, as amended.
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this
Bond, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN- as joint tenants with right of survivorship and not as tenants in common
UTMA - as custodian for under the
(Gust) (Minor) (State)
Uniform Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
2p 11-15-9
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and does hereby irrevocable constitute and appoint
attorney to transfer the Bond on the books kept for the registration thereof, with
full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment
must correspond with the name as it appears
upon the face of the within Bond in every
particular, without alteration or any change
whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a
brokerage firm having a membership in one of the major stock exchanges.
The Bond Registrar will not effect transfer of this Bond unless the
information concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners
if the Bond is held by joint account.)
8. Execution: Temporary Bonds. The Bonds shall be executed on behalf of the
City by the signatures of its Mayor and Clerk and be sealed with the seal of the
City; provided, however, that the seal of the City may be a printed facsimile; and
provided further that both of such signatures may be printed facsimiles and the
corporate seal may be omitted on the Bonds as permitted by law. In the event of
disability or resignation or other absence of either such officer, the Bonds may
be signed by the manual or facsimile signature of that officer who may act on
behalf of such absent or disabled office. In case either such officer whose
signature or facsimile of whose signature shall appear on the Bonds shall cease to
be such officer before the delivery of the Bonds, such signature or facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if he or
she had remained in office until delivery. The City may elect to deliver, in lieu
of printed definitive bonds, one or more typewritten temporary bonds in
21 11-15-90
substantially the form set forth above, with such changes as may be necessary to
reflect more than one maturity in a single temporary bond. Such temporary bonds
may be executed with photocopied facsimile signatures of the Mayor and Clerk.
Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
9. Authentication No Bond shall be valid or obligatory for any purpose or
be entitled to any security of benefit under this resolution unless a Certificate
of Authentication on such Bond, substantially in the form hereinabove set forth,
shall have been duly executed by an authorized representative of the Bond
Registrar. Certificates of Authentication on different Bonds need not be signed
by the same person. The Bond Registrar shall authenticate the signatures of
officers of the City on each Bond by execution of the Certificate of
Authentication on the Bond and by inserting as the date of registration in the
space provided the date on which the Bond is authenticated, except that for
purposes of delivering the original Bonds to the Purchaser, the Bond Registrar
shall insert as a date of registration the date of original issue, which date is
December 1, 1990. The Certificate of Authentication so executed on each Bond
shall be conclusive evidence that it has been authenticated and delivered under
this resolution.
10. Registration: Transfer: Exchanee• The City will cause to be kept at the
principal office of the Bond Registrar a bond register in which, subject to such
reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar
shall provide for the registration of Bonds and the registration of transfers of
Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond
Registrar, the City shall execute (if necessary), and the Bond Registrar shall
authenticate, insert the date of registration (as provided in Paragraph 9) of, and
deliver, in the name of the designated transferee or transferees, one or more new
Bonds of any authorized denomination or denominations of a like aggregate
principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or
in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any
authorized denomination or denominations of a like aggregate principal amount and
stated maturity, upon surrender of the Bonds to be exchanged at the principal
office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange,
the City shall execute (if necessary), and the Bond Registrar shall authenticate,
insert the date of registration of, and deliver the Bonds which the Holder making
the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this
resolution shall be promptly canceled by the Bond Registrar and thereafter
disposed of as directed by the City.
22 11-15-90
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid
general obligations of the City evidencing the same debt, and entitled to the same
benefits under this resolution, as the Bonds surrendered for such exchange or
transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument of transfer, in form
satisfactory to the Bond Registrar, duly executed by the Holder thereof or his,
her or its attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or
other governmental charge payable in connection with the transfer or exchange of
any Bond and any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City
contained in any agreement with the Bond Registrar, including regulations which
permit the Bond Registrar to close its transfer books between record dates and
payment dates. The Clerk is hereby authorized to negotiate and execute the terms
of said agreement.
11. Ri hts Uoon Transfer or Exchanee. Each Bond delivered upon transfer of or
in exchange for or in lieu of any other Bond shall carry all the rights to
interest accrued and unpaid, and to accrue, which were carried by such other Bond.
12. Interest Pavment• Record Date Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the "Holder") on the registration books of the City maintained
by the Bond Registrar and at the address appearing thereon at the close of
business on the fifteenth (15th) day of the calendar month next preceding such
Interest Payment Date (the "Regular Record Date"). Any such interest not so
timely paid shall cease to be payable to the person who is the Holder thereof as
of the Regular Record Date, and shall be payable to the person who is the Holder
thereof at the close of business on a date (the "Special Record Date") fixed by
the Bond Registrar whenever money becomes available for payment of the defaulted
interest. Notice of the Special Record Date shall be given by the Bond Registrar
to the Holders not less than ten (10) days prior to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the
purpose of receiving payment of principal of and premium, if any, and interest
(subject to the payment provisions in paragraph 12 above) on, such Bond and for
all other purposes whatsoever whether or not such Bond shall be overdue, and
neither the City nor the Bond Registrar shall be affected by notice to the
contrary.
14. Delivery' Avnlication of Proceeds. The Bonds when so prepared and
executed shall be delivered by the Finance Director to the Purchaser upon receipt
23 11-15-90
of the purchase price, and the Purchaser shall not be obliged to see to the proper
application thereof.
15. Fund and Accounts. There has heretofore been created a capital projects
fund designated the Public Improvement Projects Fund held and administered by the
Finance Director separate and apart from all other funds of the City. The Public
Improvement Projects Fund shall continue to be maintained in the manner heretofore
specified. In the Public Improvement Projects Fund there shall be created and
maintained separate construction accounts (the "Construction Accounts") for each
improvement financed by this bond issue. To the Construction Accounts there shall
be credited the proceeds of the sale of the Bonds, less accrued interest received
thereon, and less any amount paid for the Bonds in excess of $4,925,000, and less
capitalized interest in the amount of $132,365 (together with interest earnings
thereon and subject to such other adjustments as are appropriate to provide
sufficient funds to pay interest due on the Bonds on or before June 1, 1991, plus
any special assessments levied with respect to the Improvements and collected
prior to completion of the Improvements and payment of the costs thereof. From
the Construction Accounts there shall be paid all costs and expenses of making the
Improvements listed in paragraph 16, including the cost of any construction
contracts heretofore let and all other costs incurred and to be incurred of the
kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said
account shall be used for no other purpose except as otherwise provided by law;
provided that the proceeds of the Bonds may also be used to the extent necessary
to pay interest on the Bonds due prior to the anticipated date of commencement of
the collection of taxes or special assessments herein levied or covenanted to be
levied; and provided further that if upon completion of the Improvements there
shall remain any unexpended balance in the Construction Accounts, the balance
(other than any special assessments) maybe transferred by the Council to the
account of any other improvement instituted pursuant to Minnesota Statutes,
Chapter 429, and provided further that any special assessments, credited to the
Construction Accounts shall only be applied towards payment of the costs of the
Improvements upon adoption of a resolution by the City Council determining that
the application of the special assessments for such purpose will not cause the
City to no longer be in compliance with Minnesota statutes, Section 475.61,
Subdivision 1.
There is hereby created a debt service fund to be designated the General
Obligation Improvement Bonds, Series 1990 Fund (the "Debt Service Fund") to be
administered and maintained by the Finance Director as a bookkeeping account
separate and apart from all other funds maintained in the official financial
records of the City. The Debt Service fund shall be maintained in the manner
herein specified until all of the Bonds and the interest thereon have been fully
paid. There are hereby irrevocably appropriated and pledged to, and there shall
be credited to, the Debt Service Fund: (a) all collections of special assessments
herein covenanted to be levied with respect to the Improvements and either
initially credited to the Construction Accounts and not already spent as permitted
above and required to pay any principal and interest due on the Bonds or collected
24 11-15-9
subsequent to the completion of the Improvements and payment of the costs thereof;
(b) all accrued interest received upon delivery of the Bonds; (c) all funds paid
for the Bonds in excess of $4,925,000; (d) capitalized interest in the amount of
$132,365 (together with interest earnings thereon and subject to such other
adjustments as are appropriate to provide sufficient funds to pay interest due on
the Bonds or on before June 1, 1991); (e) any collections of all taxes herein or
hereafter levied for the payment of the Bonds and interest thereon; (f) hydrant
connection charges in the amount of $289,654; (g) all funds remaining in the
Construction Accounts after completion of the Improvements and payment of the
costs thereof, not so transferred to the account of another improvement; (h) all
investment earnings on funds held in the Debt Service Fund; and (i) any and all
other moneys which are properly available and are appropriated by the governing
body of the City to the Debt Service Fund. The Debt Service Fund shall be used
solely to pay the principal and interest and any premiums for redemption of the
Bonds and any other general obligation bonds of the City hereafter issued by the
City and made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly
to acquire higher yielding investments or to replace funds which were used
directly or indirectly to acquire higher yielding investments, except (1) for a
reasonable temporary period until such proceeds are needed for the purpose for
which the Bonds were issued and (2) in addition to the above in an amount not
greater than the lesser of five percent (5%) of the proceeds of the Bonds or
$100,000. To this effect, any proceeds of the Bonds and any sums from time to
time held in the Construction Accounts or Debt Service Fund (or any other City
account which will be used to pay principal or interest to become due on the bonds
payable therefrom) in excess of amounts which under then-applicable federal
arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by said
arbitrage regulations on such investments after taking into account any
applicable "temporary periods" or "minor portion" made available under the federal
arbitrage regulations. Money in the Fund shall not be invested in obligations or
deposits issued by, guaranteed by or insured by the United States or any agency or
instrumentality thereof if and to the extent that such investment would cause the
Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent
(20%) of the cost to the City of each Improvement financed hereunder within the
meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by
special assessments to be levied against every assessable lot, piece and parcel of
land benefitted.by any of the Improvements. The City hereby covenants and agrees
that it will Iet ail construction contracts not heretofore let within one (1) year
after ordering each Improvement financed hereunder unless the resolution ordering
the Improvement specifies a different time limit for the letting of .construction
contracts. The City hereby further covenants and agrees that it will do and
perform as soon as they may be done all acts and things necessary for the final
25 11-15-90
and valid levy of such special assessments, and in the event that any such
assessment be at any time held invalid with respect to any lot, piece or parcel of
land due to any error, defect, or irregularity in any action or proceedings taken '
or to be taken by the City or the City Council or any of the City officers or
employees, either in the making of the assessments or in the performance of any
condition precedent thereto, the City and the City Council will forthwith do all
further acts and take all further proceedings as may be required by law to make
the assessments a valid and binding lien upon such property. The special
assessments have not heretofore been authorized, and accordingly, for purposes of
Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are
hereby authorized. Subject to such adjustments as are required by conditions in
existence at the time the assessments are levied, the assessments are hereby
authorized and it is hereby determined that the assessments shall be payable in
equal, consecutive, annual installments, with general taxes for the years shown
below and with interest on the declining balance of all such assessments at a rate
per annum not greater than the maximum permitted by law aid not less than 9.0% per
annum:
Collection
Improvement Years
Desienation Amount Lew Years
(i) Improvement 1991-2010
No. 86-01 $106,766 1990-2009
(ii) Improvement 1992-2010
No. 86-07 263,000 1991-2009
(iii) Improvement 1992-2010
No. 87-32 700,000 1991-2009
(iv) Improvement
No. 90-07 1 278.912 1991-2009 1992-2010
TOTAL: 52.368.678
At the time the assessments are in fact levied the City Council shall, based
on the then-current estimated collections of the assessments, make any adjustments
in any ad valorem taxes required to be levied in order to assure that the City
continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision
1.
17. Tax Lew • Coverage Test. To provide moneys for payment of the principal
_ and interest on the Bonds there is hereby levied upon all of the taxable property
in the City a direct annual ad valorem tax which shall be spread upon the tax
rolls and collected with and as part of other general property taxes in the City
for years and in the amounts as follows:
26 11-15-9
Year of Tax Year of Tax
Lew Collection Amount
SEE EXHIBIT A ~
I
The tax levies are such that if collected in full they, together with
estimated collections of special assessments and other revenues herein pledged for
the payment of the Bonds, will produce at least five percent (S%) in excess of the
amount needed to meet when due the principal and interest payments on the Bonds. '
The tax levies shall be irrepealable so long as any of the Bonds are outstanding
and unpaid, provided that the City reserves the right and power to reduce the
levies in the manner and to the extent permitted by Minnesota Statutes, Section
475.61, Subdivision 3.
18. General Oblieation Pledee. For the prompt and full payment of the
principal and interest on the Bonds, as the same respectively become due, the full
faith, credit and taxing powers of the City shall be and are hereby irrevocably
_ pledged. If the balance in the Debt Service Fund is ever insufficient to pay all
principal and interest then due on the Bonds and any other bonds payable
therefrom, the deficiency shall be promptly paid out of any other funds of the
City which are available for such purpose, and such other funds may be reimbursed
with or without interest from the Debt Service Fund when a sufficient balance is
available therein.
19. Certificate of Reeistration._ The Clerk is hereby directed to file a
certified copy of this resolution with the County Auditor of Ramsey County,
Minnesota, together with such other information as he or she shall require, and to
obtain the County Auditor's Certificate that the Bonds have been entered in the
County Auditor's Bond Register, and that the tax levy required by law has been
made.
20. Records and Certificates. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser, and to the attorneys
approving the legality of the issuance of the Bonds, certified copies of all
proceedings and records of the City relating to the Bonds and to the financial
condition and affairs of the City, and such other affidavits, certificates and
information as are required to show the facts relating to the legality and
marketability of the Bonds as the same appear from the books and records under
their custody and control or as otherwise known to them, and all such certified
copies, certificates and affidavits, including any heretofore furnished, shall be
deemed representations of the City as to the facts recited therein.
21. Ne ative Covenant as to use of Proceeds and Improvements. The City hereby
covenants not to use the proceeds of the Bonds or to use the Improvements, or to
cause or permit them to be used, or to enter into any deferred payment
arrangements for the cost of the Improvements, in such a manner as to cause the
27 11-15-90
Bonds to be "private activity bonds" within the meaning of Section 103 and 141
through 150 of the Code.
22. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from
gross income under Section 103 of the Code of the interest on the Bonds, including
without limitation (1) requirements relating to temporary periods for investments,
(2) limitations on amounts invested at a yield greater than the yield on the
Bonds, and (3) the rebate of excess investment earnings to the United States if
the Bonds (together with other obligations reasonably expected to be issued and
outstanding at one time in this calendar year) exceed the small-issuer exception
amount of $5,000,000.
For purposes of qualifying for the exception to the federal arbitrage rebate
requirements for governmental units issuing $5,000,000 or less of bonds, the City
hereby finds, determines and declares that (1) the Bonds are issued by a
governmental unit with general taxing powers, (2) no Bond is a private activity
bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are
to be used for local governmental activities of the City (or of a governmental
unit the jurisdiction of which is entirely within the jurisdiction of the City),
and (4) the aggregate face amount of all tax-exempt bonds (other than private
activity bonds) issued by the city (and all subordinate entities thereof, and all
entities treated as one issuer with the City) during the calendar year in which
the Bonds are issued and outstanding at one time is not reasonably expected to
exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code.
23. Designation of Oualified Tax-Exempt Obligations. In order to qualify the
Bonds as "qualified tax-exempt obligations" within the meaning of Section
265(b)(3) of the Code, the City hereby makes the following factual statements and
representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in
Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations
(other than private activity bonds, treating qualified 501(c)(3)
bonds as not being private activity bonds) which will be issued by
the City (and all entities treated as one issuer with the City,
and all subordinate entities whose obligations are treated as
issued by the City) during this calendar year 1990 will not exceed
$10,000,000; and
28 11-15-9t i
(e) not more than $10,000,000 of obligations issued by the City
during this calendar year 1990 have been designated for purposes
of Section 265(b)(3) of the Code.
The City shall use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designation made by this
paragraph.
24. Severability. If any section, paragraph or provision of this resolution
shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of_such section, paragraph or provision shall not affect any of
the remaining provisions of this resolution.
25. Headings. Headings in this resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the
meaning of any provision hereof.
Seconded by Mayor Bastian. Ayes - all.
2. One Ton, 12 Passenger Window Van
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following resolution and moved
its adoption:
90 - 11 - 194
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Merit Chevrolet, Inc., in the amount of $15,928.00 is the lowest
responsible bid for furnishing one (1), 12-passenger, one-ton, window van
and the Mayor and Clerk are hereby authorized and directed to enter into a
contract with said bidder for and on behalf of the City.
Seconded by Mayor Bastian. Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Rossbach.
Nay - Councilmember Zappa.
c. Councilmember Rossbach moved to approve a budget transfer of 51438.00
from the VEM fund to cover the cost of the van.
Seconded by Mayor Bastian. Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Rossbach.
Nay - Councilmember Zappa.
29 11-15-90
d. Councilmember Zappa directed the Manager to review "take home car"
_ policy.
Seconded by Councilmember Carlson. Ayes - all.
3. "Maplewood In Motion"
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to table for one month and directed staff to
prepare alternatives to the "Maplewood In Motion"• obtain prices and what
other twe of newsletters are available
Seconded by Councilmember Zappa. Ayes - Councilmembers Juker and Zappa.
Nays - Mayor Bastian, Councilmembers
Carlson and Rossbach.
Motion defeated.
c. Mayor Bastian moved to award the bid to Sexton Printing Company for
"Maplewood In Motion" for six newsletters. 32 pales each issue 13 200
c_p~ies simplified mailing services in the amount of S19 104 00
Seconded by Councilmember Rossbach. Ayes - Mayor Bastian, Councilmembers !
Carlson and Rossbach.
Nays - Councilmembers Juker and Zappa.
d. Councilmember Zappa directed staff to explain why the "Maplewood In
Motion" is not more current and why articles have to be in a month before
publication and have Council submit other alternatives to the Manager
within the week.
Seconded by Mayor Bastian. Ayes - all.
Mayor Bastian moved to suspend the Rules of Procedures and hear Items H 2 and 3 I 1 2
3. 5. 12. and 15 at this time.
Seconded by Councilmember Rossbach. Ayes - all.
H.. UNFINISHED BUSINESS
2. Markfort 2nd Addition
a. Developers Revision
b. Renewal and Staff Revision
30 11-15-90'+_
c. Feasibility Study, Ripley Street, east of McMenemy Street
1. Manager McGuire presented the staff report.
2. Virgil Hawkins, Maier Stewart and Associates, Inc., architect,
spoke on behalf of the proposal.
3. Councilmember Rossbach moved to refer this item to the
Planning Commission and requested thegput this item on ton
griority.
Seconded by Councilmember Zappa. Ayes - all.
3. Rolling Hills Mobile Home Park
a. Plan Amendment (4 Votes)
- b. Rezoning (4 Votes)
1. Manager McGuire presented the staff report.
2. Councilmember Zappa introduced the following resolution and
moved its adoption: (Plan Amendment)
90 - 11 - 195
WHEREAS, the City of Maplewood applied for an amendment to the
City's Comprehensive Plan from OS, Open Space to RM, Residential
Medium Density.
WHEREAS, this amendment applies to the northwestern portion of
the Rolling Hills Mobile Home Park 2nd Addition.
WHEREAS, the history of this plan amendment is as follows:
1. The Planning Commission held a public hearing on
May 21, 1990, to consider this plan amendment.
City Staff published a notice of this hearing 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.
31 11-15-90
2. The City Council discussed the plan amendment on
November 11, 1990. 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 plan amendment for the following reason:
This area has been developed as part of the mobile home
park.
Seconded by Councilmember Rossbach. Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nay - Councilmember Juker.
3. Councilmember Zappa introduced the following resolution and
moved its adoption: (Rezonine)
90 - 11 - 196
WHEREAS, the City of Maplewood applied for a rezoning from F,
Farm Residential and M-2, Heavy Manufacturing to R-3, Multiple-
dwelling Residential.
WHEREAS, this rezoning applies to the Rolling Hills Mobile Home Park
property located west of Century Avenue, South of the Chicago and Northwestern
Railroad. The legal description is:
That portion of the SE 1/4 of the SE 1/4 of Section 24,
Township 29, Range 22, lying southeasterly of the Chicago
and Northwestern Railroad right-of-way.
WHEREAS, the history of this rezoning is as follows:
1. The Planning Commission reviewed this rezoning on
May 21, 1990. They recommended to the City
Council that the rezoning be approved.
2. The City Council held a public hearing on November
15, 1990. City staff published a notice in the
Maplewood Review and sent notices to the
surrounding property owners as required by law.
The Council gave everyone at the hearing an
opportunity to speak and present written
statements. The council also considered reports
34 11-15-9(
and recommendations from the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve
the above-described rezoning for the following reasons:
1. The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The proposed change will not substantially injure
or detract from the use of neighboring property or
from the character of the neighborhood, and that
the use of the property adjacent to the area
included in the proposed change or plan is
adequately safeguarded.
3. The proposed change will serve the best interests
and conveniences of the community, where
applicable, and the public welfare.
4. The proposed change would have no negative effect
upon the logical, efficient, and economical
extension of public services and facilities, such
as public water, sewers, police and fire
protection and schools.
Seconded by Councilmember Rossbach. Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach and Zappa.
Nay - Councilmember Juker.
I. NEW BUSINESS.
1. Balloon Sign Request
a. Manager McGuire presented the staff report.
b. Mr. Tom Vanderpoel, 2590 and 2610 No. Maplewood Drive, Royal Nissan
and White Bear Mitsubishi, spoke in favor of his request to erect a
temporary advertising balloon between Royal Nissan and White Bear
Mitsubishi, from November 21 through 27, 1990.
c. Councilmember Zappa moved approval of a special sign permit for seven
days each for Royal Nissan and White Bear Mitsubishi with the conditions
that (1) the advertising balloons shall be mounted on the ground and shall
not obstruct traffic visibility: and (2) if complaints are received. the
33 11-15-90
ap-uroval of the suecial Bien vermit will be reviewed and anv yroblems
rectified.
Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach and Zappa.
Nay - Councilmember Juker.
2. Rezoning - 1700 E. County Road B
a. Manager McGuire presented the staff report.
b. Mayor Bastian introduced the followine resolution and moved its
adoption:
90 - 11 - 197
WHEREAS, Robert Hajicek applied for a rezoning from BC (Business
Commercial) to F (Farm Residence).
WHEREAS, this rezoning applies to the east 620 feet of 1700 County
Road D.
Whereas, the history of this rezoning is as follows:
The City Council held a public hearing on November 15, 1990. City
staff sent notices to the surrounding property owners as required
by law. The Council gave everyone at the hearing an opportunity
to speak and present written statements. The council also
considered reports and recommendations from the City staff and
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the
above-described rezoning for the following reasons:
1. The proposed change is consistent with the spirit, purpose
and intent of the zoning code.
2. The proposed change will not substantially injure or
detract from the use of neighboring property or from the
character of the neighborhood, and that the use of the
property adjacent to the area included in the proposed
change or plan is adequately safeguarded.
34 11-15-5
3. The proposed change will serve the best interests and
conveniences of the community, where applicable, and the
public welfare.
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public
services and facilities, such as public water, sewers,
police and fire protection and schools.
Seconded by Councilmember Rossbach. Ayes - all.
3. Rezoning Reconsideration - 2708 Minnehaha Avenue
a. Manager McGuire presented the staff report.
b. Councilmember Zappa move3 to waive the Rules of Procedures and
reconsider the September 24 1990 acceptance of McDonald's withdrawal of
their application.
Seconded by Councilmember Carlson. Ayes - all.
c. Mr. Tim Baylor, representing McDonald's, spoke on behalf of the
request.
d. Councilmember Zappa moved to direct staff to notifv the residents
- affected by McDonalds and set a hearing date of December 10. 1990.
Seconded by Councilmember Carlson. Ayes - all.
5. Code Change: Truth In Housing (1st Reading)
a. Manager McGuire presented the staff report.
b. Lorraine Fischer presented the h.R.A. report.
c. Councilmember Juker moved first reading of an ordinance chan~ine the
insurance section of the Truth in Housing Ordinance.
Seconded by Councilmember Carlson. Ayes - all.
12. Conditional Use Permit Renewal: 1248 Cope Avenue (Lillie Vet Clinic)
a. John Lillie, Lillie Vet Clinic, 1248 Cope Avenue, spoke on behalf of
the proposal.
35 11-15-90
b. Councilmember Juker moved renewal of the conditional. use Hermit at
1248 Cone Avenue for eighteen (18) months subiect to the orieinal
conditions.
Seconded by Councilmember Zappa. Ayes - all.
15. Conditional Use permit Renewal: Kennard Street, North of Beam Avenue
a. Frank Frattalone, the developer, explained why there were delays and
why a renewal is necessary.
b. Councilmember Zappa moved renewal of the conditional use Hermit for a
minine operation over Kennard Street north of Beam Avenue for one vear,
subiect to the orieinal conditions of approval.
Seconded by Mayor Bastian. Ayes - all.
Mayor Bastian recessed the meeting at 6:32 P.M.
Mayor Bastian reconvened the meeting at 10:02 P.M.
H. UNFINISHED BUSINESS (Continued)
1. Wetlands Ordinance
a. Councilmember Juker moved to table the Wetlands Ordinance.
Seconded by Mayor Bastian. Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Rossbach.
Nay - Councilmember Zappa.
4. Recycling Charge
a. Manager McGuire presented the staff report.
b. Mayor Bastian introduced the following ordinance and moved its
adoption:
ORDINANCE N0. 674
AN ORDINANCE FOR WASTE MANAGEMENT
AND RECYCLING
The Maplewood City Council hereby ordains as follows:
Section 1. Article IV, Recycling and Waste Management is here added as follows:
36 11-15-~
Sec. 16-56. The City of Mapiewood's goal is to improve waste management and
to serve the following purposes:
(1) Reduction in waste generated;
(Z) Separation and recovery of materials and energy from waste;
(3) Reduction in indiscriminate dependence on disposal of waste;
(4) Coordination of solid waste management among political subdivisions.
Section 2. Sec. 16-57. The City of Maplewood has established and developed a
local recycling program throughout the City. The City's goal is to promote public
education anmd solid waste reduction and recycling.
Section 3. Sec. 16-58. The following rates and charges are hereby
established for public education on solid waste reduction and recycling:
(1) Residential:
(a) The residential rate shall be $1.00 per unit per quarter.
(2) Non-residential rates and charges:
(a) Non-residential rates shall be $1.00 per quarter per sewer service
connection.
Section 4. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Zappa.
Nay - Councilmember Rossbach.
c. Mayor Bastian moved to approve the purchase of up to 7.000 additional
curbside recycling containers with the proceeds of the sale of the
_ property east of White Bear Avenue from Radatz to Beam
Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Zappa.
Nay - Councilmember Rossbach.
d. Mayor Bastian directed staff to apply to the Metropolitan Council for
a SOX matching grant for the purchase of the containers and approved the
following certification:
BE IT CERTIFIED THAT:
37 11-15-90
(1) City of Maplewood will act as the sponsor and grantee for the
landfill abatement Residential Recycling Bins grant during the
period from (Z) February 1, 1991 (estimated start date-grant
execution date) through (3) February 1, 1994 (estimated end date-
- three years from execution date). (4) Mr. Gary Bastian, Mayor, is
hereby authorized to submit a grant proposal and request funding
for this project to the Metropolitan Council and to execute such
agreements and prepare documents as necessary to accept funds and
implement the project on behalf of the Project Sponsor.
This certification certifies the following:
1. The Project Sponsor is an eligible applicant for the
Residential Recycling Bins Grant Program.
2. The project will further the goals of the Metropolitan
Council's Solid Waste Management Development Guide/Policy
Plan.
3. The project is in conformance with the approved solid
Waste Management Master Plan for the County in which the
project will occur.
4. The Project Sponsor agrees to comply with all applicable
laws relating to nondiscrimination and affirmative action.
5. The Project Sponsor wi12 provide all local and state -
permits, licenses and authorizations necessary for the
project.
6. The Project Sponsor is current in a12 tax obligations to
local, state or federal governments.
7. Acknowledgment will be made for the Council for its grant
assistance on all promotional materials, reports and
publications relating to the project during the grant
period.
8. The Project Sponsor will provide all documentation and
reports required by the Council during the grant period.
9. The proposal is complete and all information provided in
the proposal is true and accurate.
Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers
Carlson, Juker and Zappa.
Nay - Councilmember Rossbach.
38 11-15-90
Councilmember Rossbach wished to go on record as voting "Nay" because he
felt the proceeds of the sale of the property should have been used to
purchase trees.
5. Pool Hail Ordinance - Second Reading
a. Manager McGuire presented the staff report.
b. Terrance O'Brien, T. C. Billiards, spoke regarding the ordinance.
c. Councilmember Zappa introduced the following ordinance and moved its
adovtion:
ORDINANCE N0. 675
ARTICLE VI
' BILLIARD PARLORS AND POOL ROOMS
Section 6-86. Definitions.
The term billiard hall shall embrace billiard rooms and poolrooms and any
other room or place where one or more pool tables are kept for hire.
Section 6-87. License Required.
No person association or corporation shall operate or maintain within the
City, any billiard hall of any description in which billiards, pocket
billiards or pool are played, or which includes any apparatus or
paraphernalia £'or the playing of billiards, pocket billiards or pool may
be conducted as a public place of business for profit without a license.
Section 6-88. Application For License.
Any person association or corporation planning to open or operate a
billiard hall as described in Section 6-86, in the City, shall before
commencing operation apply to the City Clerk, for a license to operate.
Such application shall contain all information required by this article,
and shall be accompanied by a check or money order payable to the City, in
the amount o£ t2te license fee therefore imposed, set established and fixed
by the City Council by resolution from time to time. A license issued
under this article, shall be an annual license expiring on .Tune 30th,
following the date of issuance.
Section 6-89. Contents of Application.
The application for license under this article shall be admitted in
quadruplicate, and shall contain the following information:
39 11-15-90
1. Name and address of applicant.
2. Name under which the business will be operated.
3. Legal description of premises where business will be operated.
4. Floor plan of premises.
5. Owners previous experience and other businesses similar in nature and
location, if in operation at the time of application or
prior thereto.
6. Full information regarding hours and methods of operation.
This shall include plans for chaperoning, policing,
etcetera.
Section 6-90. Refusal Of License
The Council shall not issue a license to any person, firm or corporation,
of which any member, officer or director has been convicted of a felony or
is of immoral character or is a habitual user of intoxicating liquors or
narcotics. The Council may in any case for cause refuse to issue the
license.
Section 6-91. Issuance Of License.
Upon vote of the council to issue the license, the Clerk shall issue the
same, but no license shall be issued until a license fee is paid in full.
The license shall specify the name of the licensee, the specific place
where the business is to be carried on, the number of tables authorized to
be operated thereunder, secured measures implemented and the day on which
the license shall begin and expire.
The Chief of Police shall review all applications with regard to
implementation of Council measures to insure security in and around the
license premises. His report shall provide recommendations regarding
_ access and reasonable visibility to the premises by public safety vehicles
and personnel, security within the license premises and all public areas
accessible to patrons of the premises and all of the safety and security
measures as he deems appropriate. Council shall determine as condition of
licensor what safety and security measures shall be instituted.
Section 6-92. Posting License.
The license shall be enclosed by licensee in a suitable frame having a
clear glass face in a substantial wood or metal back, so that the whole
such license may be seen therein and shall be posted and at all times
displayed in a conspicuous place in the room or place where the license
40 11-15-9U
business is carried on. It shall be unlawful for any person to post such license or permit it
to be posted upon premises other than those for which the license was issued, or
knowingly to deface of destroy any such license.
Section 6-93. Hours of Operation.
Any and all publicing devises including pool tables, billiard tables, licensed hereunder
shall not be used between hours of 1:00 A.M. and 8:00 A.M. of each weekday and
between the hours of 1:00 A.M. and 12:00 Noon on Sundays.
Section 6-94. Practices Prohibited.
It shall be unlawful for a licensee or any employee of the licensee:
1. To allow or permit any form of gambling in the place designated by the license
unless specifically authorized under the lawful gambling ordinance.
2. To allow or permit any person upon such premises to become disorderly.
3. No person under 18 years of age is allowed to enter a public poolhall or billiard hall
or play pool or billiards in a public hall after 10:00 P.M. Sunday through Thursday
and after 12:00 A.M. Friday and Saturday, except when accompanied by parents or
lawful guardian.
Section 6-95. Responsibility of Licensee.
The acts and conduct of the agents and employees of a licensee and the conduct of said
business shall be deemed the acts and conduct of the licensee himself.
Section 6-96. Revocation of Licenses.
The Council may at any time for cause and on such reasonable hearing as it may
prescribed revoke or suspend a license and such revocation of suspension shall be final. If
the license of any licensee be revoked no license shall for at least one year after the
revocation be granted to such person or to any partnership or corporation of which such
licensee is a member, officer or stockholder.
Section 6-97. Duplicate Licenses.
When a license shall be lost or destroyed without fault on the part of the licensee or his
agent or employees, a duplicate maybe issued by the Council at its discretion under such
regulations as it may prescribe on the payment of a reissuance fee.
41 11-15-90
Section 6-98. Change In Place of Business.
Should a licensee desire to change his place of business to a new location, the Council
may at its discretion and such regulations as it may prescribed, and on the surrender of
the original license and the payment of a reissuance fee, issue a new license for a new
location.
Section 6-99. Penalties.
Anyone violating any provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction be punished by a fine of not more that $700.00 or
imprisonment for not more than 90 days or both.
This ordinance shall take effect and be in force from the date of its passage and
publication as provided by law.
Seconded by Councilmember Juker. Ayes -all.
I. NEW BUSINESS (Continued)
4. Code Change: R-15 and R-2 (ls` Reading)
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to table until the item has been before the Planning
Commission and the Housing and Redevelopment Authority.
Seconded by Councilmember Juker. Ayes -All
c. Councilmember Zappa moved to direct staff to research this proposal to see if
there would be access to the rear of the lot by vehicles.
Seconded by Mayor Bastian. Ayes -All
6. Code Change: Sanitary Sewer Connection (ls` Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved first reading of an ordinance to amend Section
28-44 to reference Section 28-41.
Seconded by Councilmember Zappa. Ayes -All
42 11-15-90
7. Condor Storm Sewer, Project 86-01: Change Order One
a. Manager McGuire presented the staff report
b. Mayor Bastian introduced the following resolution and moved its adoption:
90-11-200
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 86-01 and has let a construction contract pursuant to
Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract, in the
amount of $168,013.00, be modified and designated as Improvement Project 86-01
Change Order One.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA
that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order One in the amount of
$4,386.96.
Seconded by Councilmember Juker Ayes - All
8. Upper Afton Road Project 86-07, Change Order One and Reduction of Retainage
a. Manager McGuire presented the staff report
b.Mayor Bastian introduced the following resolution and moved its adoption:
90-11-201
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project 86-07 and has let a construction contract pursuant to
Minnesota Statutes, and Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract, in the
amount of $1,122,581.06, be modified and designated as Improvement Project 86-
07 Change Order One.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA
that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order One in the amount of
$14,047,75.
Funds in the amount of $1,686 are to be transferred from PAC, commercial
account to Fund Account 515.
43 11-15-90
Reduction of retainage to one percent is hereby authorized.
Seconded by Councilmember Juker Ayes - All
Councilmember Juker moved to waive the Rules of Procedure and extend the meeting until
11:00 P.M.
Seconded by Councilmember Rossbach Ayes - All
9. Northwestern Bell Easement Request
a. Manager McGuire presented the staff report
b. Mayor Bastian moved to direct staff to instruct Northwestern Bell to establish
screening around the switch cabinet
c. Councilmember Rossbach moved to table this item until the next meeting for
further information.
Seconded by Councilmember Zappa Ayes - All
10. Recycling Contract
a. Manager McGuire presented the staff report
b. Mayor Bastian moved to authorize staff to enter into negotiations for a new
contract with Gopher.
Seconded by Councilmember Juker Ayes - All
11. Watershed District Board of Managers' Vacancy
a. Manager McGuire presented the staff report
b. Councilmember Zappa moved to direct a letter of support signed by the Mayor be
submitted to the Ramsey County Board recommending John Greavu's nomination.
Seconded by Mayor Bastian Ayes - All
13. Preliminary Piat Time Extension: Miggler Addition
a. Manager McGuire presented the staff report
b. Councilmember Juker moved approval of a one-year time extension for the
Miggler Addition preliminary plat subject to the September 26, 1988 Conditions
of Approval.
44 11-15-f
Seconded by Councilmember Rossbach Ayes - All
14. Final Plat: North Glenn 3rd Addition
a. Manager McGuire presented the staff report
b. Councilmember Zappa moved approval of the North Glenn Third Addition final
plat.
Seconded by Councilmember Rossbach Ayes - All
16. MIS Coordinator
a. Manager McGuire presented the staff report
b. Mayor Bastian moved approval of a 5% salary increase for the MIS Coordinator
retroactive to July 17, 1990 and approve a budget adjustment to cover such
cost.
Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach and Zappa
Nay - Councilmember Juker
COUNCIL PRESENTATIONS
1. Signs - Plaza 3000 Building
a. Councilmember Zappa moved to direct staff to remove all inappropriate signs on
the west end of the Plaza 3000 Building
Seconded by Councilmember Carlson Ayes - All
2. Metro Waste Commission Letter
a. Councilmember Zappa moved that the letter from the Metro Waste Commission be
placed in the "Maplewood-in-Motion" to inform the residents regarding the
Commissions costs for services.
Seconded by Mayor Bastian Ayes - All
3. Employee Acknowledgement
a. Councilmember Zappa moved that a letter of commendation be forwarded to the
employee in the City Clerk's Office whose actions prompted an article that
emphasized the excellent service given to a senior citizen
45 11-15-90
Seconded by Mayor Bastian Ayes - All
4. Fina Station
a. Councilmember Carlson requested staff to investigate the curb cut at White
Bear Avenue from the Fina Lube Center. It was his understanding they were to
create a driveway east of the property to County Road B.
Seconded by Mayor Bastian Ayes - All
5. Falk Kennel License
a. Councilmember Juker stated she has had a call from the neighbor of Falk's that
they have added new dogs on the property; that the German Shepherd that was
sold to the next door neighbors is always in the Falk's yard and that the dogs
are continuously barking.
b. Staff stated Falk's have been issued violations and have to wait for a court
ruling.
6. Planning Commission
a. Councilmember Juker moved to direct staff to research reduction in the number
of Planning Commission members.
Seconded by Councilmember Zappa Ayes - Councilmembers Carlson, Juker
Rossbach and Zappa
Nay -Mayor Bastian
7. Mayor's Update
a. Mayor Bastian announced several meeting dates
8. Proclamation
a. Mayor Bastian moved to delete this from the agenda.
Seconded by Councilmember Juker Ayes - All
L. ADMINISTRATIVE PRESENTATIONS
None
46 11-15-90
M. ADJOURNMENT
11:02 P.M.
City Clerk
- 47 11-15-90