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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