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HomeMy WebLinkAbout11-14-91 ' MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, November 14, 1991`. Council Chambers, Municipal Building.. Meeting No. 91-21 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE BA. SMEARING IN OF MAYOR C. ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Absent Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES 1. Special Meeting October 10,1991 Councilmember Zappa moved to approve the minutes of the October 10 1991 Council/Manager Meeting as presented. Seconded by Councilmember Carlson Ayes - all 2. Council/Manager Meeting October 21, 1991 Councilmember Zappa moved to approve the minutes of the October 21 1991 Council/Manager Meeting as presented. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Zappa Abstained - Mayor Bastian 3. Meeting No. 91-20 (October 28, 1991) Councilmember Zappa moved to approve the minutes of Meeting No 91-20 (October 28. 19911 as presented. Seconded by Councilmember Carlson Ayes - all Mayor Bastian moved to suspend the Rules of Procedure to consider the appointment of alternate members to the Cable Commission. Seconded by Councilmember Carlson Ayes - all 1 APPOINTMENT Of ALTERNATE MEMBERS - CABLE COMMISSION Mayor Bastian moved to apooint Assistant Citv Manager Maglich and Councilmember Carlson as alternate members to the Ramsev Washington Suburban Cable Commission. Seconded by Councilmember Zappa Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to anarove the Agenda as amended: L-1. Reconsideration of Motion L-2. City-owned House - County Road B L-3. Realtor Sign Ordinance L-4. Moose Lodge Recognition L-5. Tree Trimming Ordinance L-6. Recognition of City Employees - L-7. Mayor's Update M-1. Schedule Date for Council/Manager Meeting M-2. Adjourn to Attorney/Client Session Seconded by Councilmember Zappa Ayes - all F. CONSENT AGENDA Mayor Bastian moved. seconded by Councilmember Juker• aves - all to aoorove the consent agenda items F-1 thru F-4 as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 344,075.05 Checks #24816 - #24876 Dated 10-17-91 thru 10-31-91 $ 98.004.04 Checks #15225 - #15315 _ Dated 11-14-91 $ 442,079.09 Total per attached voucher/check register PAYROLL: $ 193,630.78 Payroll Checks dated 10-25-91 $ 41.693.50 Payroll Deductions $ 235,324.28 Total Payroll $ 677.403.37 GRAND TOTAL 2. Budget Changes - 1991 Wage and Benefit Increases Approved the transfer of $126,540 from the Contingency Account to finance the 1991 wage and benefit increases (including personnel changes). 3. Budget Transfer: Building Inspection Approved a budget transfer of $3,310 from the Contingency Account to Account 101-703-4480 to cover the cost of plumbing and electrical inspections, which have exceeded the budgeted amount. 2 4. Certification of Tree Cutting Costs Approved the following Resolution: 91 - 11 - 142 CERTIFICATION OF 1989 TREE TRIMMING COSTS RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following list of diseased tree removal charges. Said list is made a part herein, for certificates against the tax levy of said property owners for the year 1991, collectible in the years 1992 through 1996 and which listing includes interest at the rate of eight percent (8%) on the total amount each year. 17-29-22-24-0011-1 x179.76 17-29-22-32-0001-9 269.64 14-29-22-44-0010-5 194.74 11-29-22-34-0014-7 426.93 03-29-22-43-0004-7 621.67 G. PUBLIC HEARINGS 1. 7:00 p.m., Home Occupation: 1960 Jackson St. (Houle) a. Mayor Bastian convened the meeting for a public hearing regarding the request for a home occupation permit at 1960 Jackson Street. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Chairman Axdahl presented the Planning Commission recommendation. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following was heard: Mary Houle, 1960 Jackson, the applicant f. Mayor Bastian closed the public hearing. g. Councilmember Zappa moved to approve a home occupation license for Marv Houle of 1960 Jackson Street. subiect to the following conditions• 1. follow conditions one through eight of City Code Section 17-21(b). 2. There shall be no more than an average of four customers or courier deliveries. each week dropping-off or picking-up documents. 3. Apply for a license renewal with the City Clerk's office in January each year. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays - Councilmember Juker 3 2. 7:10 p.m. (7:20 p.m.), Street Vacation: Demont Ave., West of Bittersweet Lane a. Mayor Bastian convened the meeting for a public hearing regarding vacation of Demont Avenue West of Bittersweet Lane. b. Manager McGuire presented the staff report. c. Director of Community Development presented the specifics of the report. d. Chairman Axdahl presented the Planning Commission recommendation. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Bill Burns, 2527 Bittersweet Lane, the applicant David Bush, Attorney representing Wesson Estate John Daubney, Attorney representing John Kavanaugh Judy Burns, 2527 Bittersweet Lane, one of the applicants f. Mayor Bastian closed the public hearing. g. Councilmember Juker moved to table this item until March 9. 1992. Seconded by Councilmember Zappa Ayes - all H. AWARD OF BIDS 1. 1991 Improvement Bonds and Capitol Notes a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Dan Hartman, Springsted, explained the bids. d. Councilmember Zappa introduced the following Resolution and moved its adootion: 91 - 11 - 143 ACCEPTING BID ON SALE OF X2,675,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF Attached Seconded by Mayor Bastian Ayes - all 4 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: November 14, 1991 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall in said City on Thursday, the 14th day of November, 1991, at 4:30 P.M., for the purpose of considering bids for, and awarding the sale of, $2,675,000 General Obligation Improvement Bonds, Series 1991A of the City. The following members were present: Dale Carlson, Joseph Zappa, Frances Juker and Mayor Gary Bastian and the following were absent: George Rossbach The Clerk presented.competitive bids on $2,675,000 General Obligation Improvement Bonds, Series 1991A of the City, for which proposals were to be received, opened and tabulated by the City Clerk, or her designee, this same day, in accordance with the resolution adopted by the City Council on October 14, 1991. The following proposals were received, opened and tabulated at 11:00 A.M., Central Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or her designee, on this same day: Interest Rate True Interest Cost (See Attached) 2<906 y-/ _ The Council then proceeded to consider and discuss the bids, after which member zaooa introduced the following resolution and moved ita adoption: RESOLUTION ACCEPTING BID ON - SALE OF $2,675,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1991A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, j Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $2,675,000 General Obligation Improvement Bonds, Series 1991A of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various = public improvement projects 1n the City (the "Improvements"); and B. WHEREAS, the Improvements 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 Sid. The bid of Piper, Jaffray & Hopwood. Inc. (the "Purchaser"), to purchase $2,675,000 General Obligation Improvement Bonds, Series 1991A of the .City (the "Bonds", or individually a "Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $2,696,678 , 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 awarded 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• Denomination~• _ Maturities. The Bonds shall be titled "General Obligation improvement Bonds, Series 1991A", shall be dated December 1, 1991, 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: z<vos -2 Year 1lmount Year Amount 1993-1994 $120,000 2006 5155,000 1995-1999 125,000 2007 160,000 2000. 130,000 2008-2009 165,000 2001 135,000 2010 175,000 2002-2004 140,000 2011 160,000 2005 145,000 All dates are inclusive. 3. Bu~ose. The Bonde 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 Sonde shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 1992, 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 1993 4.25 3 2003 5.80 ~ 1994 4.50 2004 5.90 1995 4.65 2005 6.00 1996 4.90 2006 6.10 1997 5.05 2007 6.20 1998 5.20 2008 6.25 1999 5.35 2009 6.30 2000. 5.50 2010 6.35 2001 5.60 2011 6.40 2002 5.70 5. Redemption. All Bonds maturing in the years 2001 to 2011, both inclusive, shall be subject to rsdemption and prepayment at the option of the City on December 1, 2000, and on any 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, the City shall determine z<voa ~/,3 the order of Bonds to be prepaid; 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. 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 S5,000 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 shall 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. Norwest 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 Sonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. zcvoa i{-4 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration inlozmation thereon, shall be in substantially the following form: t<sos ~_5 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- S GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1991A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP DECEMBER 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS 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 i of each year (each, an "interest Payment Date"), commencing December 1, 1992, 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 Minnesota the "Bond Re lstrar" r in , ( g' acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest an 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 xvoa .~G- 6 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 o! 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. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State o! 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. twos _ 7 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 Clerk Bond Registrar Hy Authorized Signature 26906 Y- s ON REVERSE OF BOND Redemption. 1111 Bonds of this issue (the "Bonds") maturing in the years 2001 to 2011, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, 2000, and on any date thereafter at a price of par plus accrued interest. Redemption may be 3n whole or in part of the Bonds subject to prepayment. If redemption is in part, the Issuer shall determine the order of Bonds to be prepaid; 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. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemvti~n• Partial Redem*++~on. 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 principal 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 Oblioat~~~. This Bond is one of an issue in the total principal amount of $2,675,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, x<voa t~_9 which Bond has bean 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 14, 1991 (the "Resolution"), for the purpose of providing mmoney to linance various public improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation improvement Bonds, Series 1991A Fund of the Issuer. This Sond constitutes a general obligation of the Issuer, and to provide coneys 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. n~+nominations: Exchanae• Reso~uti~T. The Bonds are issuable solely as fully registered bonds in the denominations of 55,000 and integral mmultiples 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. 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 Hond Registrar, all cubject 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 1n 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 ~r Ln~~, The Bond Registrar may require payment of a sum sufficient to cover any tax or other gove;nmental 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 mmay 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 z<soa x_10 reverse slde hereo! 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 ba 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 (Gust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations say also be used though not in the above list. z<vob x_11 ASSIGNlSENT !or value received, the undersigned hereby sells, ascigns and transfers unto. the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Hond 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.) :<voa x_12 S. Execution; Temmorarv gems, The Bonds shall be executed on behs~lf o! 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 •ithez 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 officer. 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 Sonds, 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 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 or 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, 1991. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registrations Transfers ~'YPhfTflp~ The Cit 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. z<ws x_13 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 o! 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. l1t 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. I?11 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 nny 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. zcvos y-14 11. Riahta Ucon Transfer or Exchanoe. 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 ouch other Bond. 12. T**erest 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, an8 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 ~wr:~+-. 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. Deliverv• ADDlication of Pro weds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt 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 $2,635,000, and less capitalized interest tcsoe [~-15 in the amount of S 105,000 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide su!liciant funds to pay interest due on the Bonds on or before D Pmh r i, 1992), 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 coats 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) may be transferred by the Council to the accounts 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 coats 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 Sonds, Series 1991A 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 sgecified until all of the Sonds 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 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 $2,635,000; (d) capitalized interest in the amount of S 105,000 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay xvoa ~~6 interest due on the Bonds on or before December ~ 1992); (e) any collections of all taxes herein or hereafter levied for the payment o! the Honds and interest thereon; (f) all lands ' remaining in the Construction 1ccounts after completion of the Improvements and payment o! the costs thereof, not so transferred to the account o! another improvement; (g) all investment earnings on funds held in the Debt Service Fund; and (h) 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 (St) 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. 1lssessments. It is hereby determined that no less than twenty percent (20;) of the coat 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 let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the z<voa ,r,/ 17 resolution ordering the Improvement speciliea a di!lerent time limit !or 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 linal and valid levy of such special assessments, and in the event that any such assessment be at any time held irrvalid 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 o! the City officers or employees, either in the sakinq of the assessments or in the performance of any condition precedent thereto, the City and the City Council will lorthwith do all lurther acts and take all further proceedings as say be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretotore bean authorized, and accordingly, for purposes of Iiinnesota 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 o! all such assessments at a rate per annum not greater than the maximum permitted by law and not less than & 00~ per annum: Improvement Collection Desionation kmount Law Years Years (i) Improvement S 62,100 1992-2010 1993-2011 No. 86-27 (ii) .Improvements 191,000 1992-2010 1993-2011 No. 87-01 (iii) Improvement 4.2,945 1992-2010 1993-2011 No. 87-14 (iv) Improvement 561,000 1992-2010 1993-2011 No. 88-12 (v) Improvement 32,500 1992-2010 1993-2011 No. 89-OS 2<906 y_ls (vi) Improvement S 25,825 1992-2010 1993-2011 No. 89-12 (vii) Improvement 945,609 1991-2009 1992-2010 No. 90-07 (viii) Improvement 257,500 1992-2010 1993-2011 No. 90-i0 (iz) Improvement 210,000 1992-2010 1993-2011 No. 90-14 TOTAL: $1,796,979 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 Iiinnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coveraoe Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property fn 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 the years and in the amounts as follows: Year of Tax Yemr of Tax Lew Collection Amount 1991 1992 $ 0 1992 1993 36,996 1993 1994 50,259 1994 1995 57,411 1995 1996 58,880 1996 1997 60,022 1997 1998 60,967 1998 1999 61,714 z<vos y_ 19 1999 2000 67,515 2000 2001 72.829 2001' 2002 77,719 2002 2003 76,908 2003 2004 75,959 2004 2005 80,103 2005 2006 89,092 2006 2007 91,936 2007 2008 94,392 2008 2009 91,067 2009 2010 98,244 2010 2011 101,858 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 o! the Bonds, will produce at least five percent (5t) 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 ae any of the Sonds 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 liinnesota Statutes, Section 475.61, Subdivision 3. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds chall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to a;ny prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City say also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Ptinnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due zwoe .y_ 20 thereon to aaturity or, i! notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Senerai Ob~gation Piedae. For the prompt and full payment o! the principal and interest on the Bonds, as the same respectively become due, the lull faith, credit and taxing powers of the City shall be and are hereby Irrevocably pledged. - If the balance in the Debt Service Fund is aver insufficient to pay all principal and interest than due on the Bonds and any other bonds payablr therefrom, the deficiency shall be promptly paid out of any other funds of the City which are availabls for such purpose, and such other funds may be reimbursed with or without interest trom the Debt Service Fund when a sufficient balance is available therein. 20. Certificate of Recistration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, liinnesota, 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. 21. 8ecords 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. 22. Ltggat~ve Covenant as to Vse 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 Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax-Fxemot Statue o! the Sonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under 24906 21 Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) liaitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment sarninge to the Unitsd States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the :mall-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 (952) or more of the net proceeds of the Bonds era to be used for local govern- . mental 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 lace 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)(D) of the Code. 24. Designation of oualified Tax-Exempt Obliaati~*+~. 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 1991 will not exceed S10,000,000; and z<soa y- 2z (e) not sore than-510,000,000 of obligations issued by the City during this calendar year 1991 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best •tforts to comply with any federal procedural requirements which aay apply in order to effectuate the designation wade by this paragraph. 25. Severability. It 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. 26. 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. The motion for the adoption of the foregoing resolution was duly seconded by Mayor __~astian and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dale Carlson, Joseph Zappa, Frances Juker and Mayor Gary Bastian and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. tivoa ' , f_ 23 e. Councilmember Zappa introduced the following Resolution and moved its adoption: 91 - 11 - 144 ACCEPTING BID ON SALE OF 6320,000 GENERAL OBLIGATION CAPITAL NOTES, SERIES 19918 PROYIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF Attached Seconded by Mayor Bastian Ayes - all ~ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: November 14, 1991 Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Maplewood, Ramsey " County, Minnesota, was duly called and held at the City Hall in said City on Thursday, the 14th day of November, 1991, at 4:30 P.M., for the purpose of considering bids for, and awarding the sale of, $320,000 General Obligation Capital Notes, Series 1991E of the City. The following members were present: Dale Carlson, Joseph 2appa, Frances Juker and Mayor Gary Bastian and the following were absent: George Rossbach The Clerk presented competitive bids on $320,000 General Obligation Capital Notes, Series 1991E of the City, for which proposals were to be received, opened and tabulated by the City Clerk, or her designee, this same day, in accordance with the resolution adopted by the City Council on October 14, 1991. The following proposals were received, opened and tabulated at 11:00 A.M., Central Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or her designee, on this same day: 'dder Interest Rate True I terest Cost (See Attached) 2<911 r~~ The Council then proceeded to consider and discuss the bids, after Which aember Zappa introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING HID ON THE SALE OF $320,000 GENERAL OBLIGATION CAPITAL NOTES, SERIES 19918, 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 $320,000 General Obligation Capital Notes, Series 1991E of the City, pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of computer equipment and software for the City. (the "Equipment"); and B. WHEREAS, the Equipment has an expected useful life at least as long as the final maturity of the notes; and C. WHEREP,S, the amount of the notes to be issued does not exceed one-quarter of one percent (0.251) of the market value of the taxable property in the City; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Bid. The bid of FBS Investment Services. Inc. (the "Purchaser") to purchase $320,000 General Obligation Capital Notes, Series 1991B of the City (the "Notes", or individually a "Note"), in accozdance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 318.080.00, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Notes are hereby awarded 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 Notes shall be titled "General Obligation Capital Notes, Series 1991B", shall be dated December 1, 1991, as the date of original issue and shall be issued forthwith on or after such date as fully registered notes. The Notes 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 Notes shall mature, without option of prepayment, on December 1 in the years and amounts as follovs: 2<911 5- 2 Year Amount Year Amount 1992-1993 $60,000 1996 $70,000 1994-1995 65,000 All dates are inclusive. 3• Siroose• The Notes shall provide funds for the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at-least equal to the amount of the Notes herein authorized. 4. Interest. The Notes shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 1992, 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 1992 4.lOt 1995 4.601 1993 4.25 1996 4.80 1994. 9.40 5., No Redemption. The Notes shall not be subject to redemption and prepayment prior to their maturity. 6. Note Registrar. Norwest Bank Minnesota, National Association , in Minneapolis , Minnesota, is appointed to act as note registrar and transfer agent with respect to the Notes (the "Note Registrar"), and shall do so unless and until a successor Note Registrar is duly appointed, all pursuant to any contract the City and Note Registrar shall execute which is consistent herewith. The Note Registrar shall also serve ae paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Notes shall be paid to the registered holders (or record holders) of the Notes in the manner set forth in the form of Note and paragraph 12 of this resolution. 7. Fozm of Note. The Notes, together with the Note Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: z<oit 5- 3 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- $ GENERAL OBLIGATION CAPITAL NOTE, SERIES 1991B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP DECEMBER 1, 1991 REGISTERED OWNER: PRINCIPAL AMOUNT: Dpt•T.LAR IQ7OW 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, without option of prepayment, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 1992, 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 Note 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 Note are payable upon presentation and surrender hereof at the principal office of Minnesota the "Note Re istrar" ~ in , ( g acting as paying agent, or any successor paying agent duly appointed. by the Issuer. Interest on this Note will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Note is registered (the "Holder" or "Noteholder") on the registration books of the Issuer maintained by the Note 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 2971 j_.q - "Special Record Date") fixed by the Note Registrar whenever money becomes available !or payment of the defaulted interest. Notice of the Special Record Date shall be given to Noteholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Note are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS NOTE SET FORTH ON .THE REVERSE HEREOF, WHICH PROVISZONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws o! the State of Minnesota to be, done, to happen and to be performed, precedent to and in the issuance of this Note, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Note, 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 Note 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. 2<911 S-5 Date of Registration: Registrable by: Payable at: NOTE REGISTRAR'S CITY OF MAPLEWOOD, CERTIFICATE OF RAMSEY COUNTY, AUTHENTICATION' MINNESOTA This Note is one of the Notes described in the Resolution mentioned /s/ Facsimile within. Mayor /s/ Facsimile Clerk Note Registrar By Authorized Signature 24971 r6 ON REVERSE OF NOTE No Redemption. The Notes of this issue (the "Notes") are not subject to redemption and prepayment prior to their maturity. Issuance: Puroose: General Obligation. This Note is one of an issue in the total principal amount of $320,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination which Note 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 14, 1991 (the "Resolution"), for the purpose of providing money to finance the purchase of computer equipment and software for the Issuer. This Note is payable out of the General Obligation Capital Notes, Series 19918 Fund of the Issuer. This Note 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 Notes are issuable solely as fully registered notes in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Notes o! other authorized denominations in equal aggregate principal amounts at the principal office of the Note Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a descriptiori of the rights and duties of the Note Registrar. Copies of the Resolution are on file in the principal office of the Note Registrar. Transfer. This Note is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Note Registrar upon presentation and surrender hereof to the Note 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 Note Registrar. Thereupon the Issuer shall execute and the Note Registrar shall authenticate and deliver, in exchange for this Note, one or more new fully registered Notes 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 Note, of the same maturity and bearing interest at the same rate. tas>> 7 fees uoon Transfer or The Note 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 Note and any legal or unusual costs regarding transfers and lost Notes. Treatment of Registered Owners. The Issuer and Note Registrar may treat the person in whose name this Note 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 Note shall be overdue, and neither the Issuer nor the Note Registrar shall be affected by notice to the contrary. guthentication. This Note shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of luthentication hereon shall have been executed by thQ Note Registrar. Qualified Tax-Exempt Obligation. This Note 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. 2<911 s- s ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Note, 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 (Gust) (Minor) under the Uniform - (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 2<9H 9 ASSIGNMENT For value. received, the undersigned hereby sells, assigns and transfers unto the within Note and does hereby irrevocably constitute and appoint attorney to transfer the Note 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 Note 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 Note Registrar will not effect transfer of this Note unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all jo nt owners if the Note is held by joint account.) 2<9ti j to 8. Execution: TemDOrarv Notes.. The Notes shall be executed on behalf of the City by the signatures of its Mayor and Cierk 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 Notes as permitted by law. In the event of disability or resignation or other absence o! either such officer, the Notes may be signed by the manual or facsimile signature of that officer who nay act on behalf of such absent or disabled officer. in case either such officer whose signature or facsimile of whose signature shall appear on the Notes shall cease to be such officer before the delivery of the Notes, 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 notes, one or more typewritten temporary notes in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary note. Such temporary notes may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary notes shall, upon the printing of the definitive notes and the execution thereof, be exchanged therefor and cancelled. 9. Authentication. No Note shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Note, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Note Registrar. Certificates of Authentication on different Notes need not be signed by the .same person. The Note Registrar shall authenticate the signatures of officers of the City on each Note by execution of the Certificate of Authentication on the Note and by inserting as the date of registration in the space provided the date on which the Note is authenticated, except that for purposes of delivering the original Notes to the Purchaser, the Note Registrar shall insert as a date of registration the date of original issue, which date is December 1, 1991. The Certificate of Authentication so executed on each Note shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer: Exchance. The City will cause to be kept at the principal office of the Note Registrar a note register in which, subject to such reasonable regulations as the Note Registrar may prescribe, the Note Registrar shall provide for the registration of Notes and the registration of transfers of Notes entitled to be registered or transferred ae herein provided. 26911 5-11 Upon surrender for transfer of any Note at the principal office of the Note Registrar, the C1ty shall execute (if necessary), and the Note 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 Notes of any authorized denomination or denominations of a like aggregate principai'amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Note may be registered in blank or in the name of "bearer" or similar designation. At the option'of the Holder, Notes may be exchanged for Notes of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Notes to be exchanged at the principal office of the Note Registrar. Whenever any Notes are so surrendered for exchange, the City shall execute (if necessary), and the Note Registrar shall authenticate, insert the date of registration of, and deliver the Notes which the Holder making the exchange is entitled to receive. Ail Notes surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Note Registrar and thereafter disposed of as directed by the City. All Notes delivered in exchange for or upon transfer of Notes shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, ns the Notes surrendered for such exchange or transfer. Every Note 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 Note Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Note 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 Note and any legal or unusual costs regarding transfers and lost Notes. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Note Registrar, including regulations which permit the Note 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. 24911 5--- 12 11. Rights Ueon Transfer or gxcwa„se, Each Note delivered upon transfer of or in exchange for or in lieu o! any other Note shall carry all the rights to interest accrued and _ unpaid, and to accrue, which were carried by such other Note. 12. Interest Payment: Record Date. Interest on any Note shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Note is registered (the "Holder") on the registration books of the City maintained by the Note Registrar and at the address appearing thereon at the close of business on the lffteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). ]1ny 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 Note Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Note Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner.. The City and Note Registrar may treat the person in whose name any Note is registered as the owner of ouch Note 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 Note and for all other purposes whatsoever whether or not such Note shall be overdue, and neither the City nor the Note Registrar shall be affected by notice to the contrary. 14. Delivery: Aovlication of Proceeds. The Notes when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and ]?ccounts. There is hereby created a special fund to be designated the "General Obligation Capital Notes, Series 1991H Fund" (the "Fund") to be administered and maintained by the Finance Director as d bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Notes • and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital ]?ccount" and "Debt Service llccount", respectively. 26911 ter'-13 (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Notes, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $315,000. From the Capital Account there shall be paid all costs and expenses of purchasing the Equipment, including the cost of any purchase 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 Notes may also be used to the extent necessary to pay interest on the Notes due prior to the anticipated date of commencement of the collection of taxes herein levied. (ii) Debt se7-vice Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all funds paid for the Notes in excess of $315,000; (b) all accrued interest received upon delivery of the Notes; (c) any collections of all taxes herein or hereafter levied for the payment of the Notes and interest thereon; (d) all funds remaining in the Capital Account after purchase of the Equipment and payment of the costs thereof; (e) all investment earnings on funds held in the .Debt Service Account; and (f) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Notes and any other general obligation bonds of the City hereafter issued by.the City and made payable from said account as provided by law. No portion of the proceeds of the Notes shall be used directly or indirectly to acquire higher yielding. investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Notes were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5$) of the proceeds of the Notes or $100,000. To this effect, any proceeds of the Notes and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the notes 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 t<917 5%14 i the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States oz any agency or instrumentality thereof if and to the extent that such investment would cause the Notes to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Lew : Coverage Test. To provide moneys for payment of the .principal and interest on the Notes 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 the years and in the amounts as follows: Year of Tax Year of Tax Lew Collection ou 1991 1992 $ 77,931 1992 1993 75,348 _ 1993. 1994 77,921 1994 1995 74,918 1995 1996 77,028 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Notes, will produce at least five percent (5~) in excess of the amount needed to meet when due-the principal and interest payments on the Notes. The tax levies shall be irrepealable so long as any of the Notes 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. 17. Defeasance. When all Notes have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Notes shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Notes which are due on any. date by irrevocably depositing with the Note Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Note should not be paid when due, it may nevertheless be discharged by depositing with the Note Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Notes, subject !o the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota 2<911 S 15 Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Notes, as the - same respectively become due, the full faith, credit and taxing powers of the City chall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Notes and any other certificates 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 Account when a sufficient balance is available therein. 19. Certificate of Registration. The Clerk fs 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 Notes have been entered in the County Auditor's Note 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 Notes, certified copies of all proceedings and records of the City relating to the Notes 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 Notes 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. 2 L Negative Covenant as to Use of Proceeds and Ecui~ment. The City hereby covenants not to use the proceeds of the Notes or to use the Equipment, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Notes to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 22. Tax-Exempt Status of the Notes• Rebate. The City shall comply with requirements necessary under the Code to 2<911 ~'-16 establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Notes, including without limitation (i) requirements relating to temporary periods foz investments, (2) limitations on amounts invested at a yield greater than the yield on the Notes, and (3) the rebate of excess investment earnings to the United States if the Notes (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 Notes are issued by a governmental unit with general taxing powers, (2) no Note is a _ private activity bond, (3) ninety-five percent (95~) or more of the net proceeds of the Notes 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 Notes are issued and outstanding atone time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 23. Desicnation of Ovalified Tax-Exempt Obligations. In order to qualify the Notes 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 Notes are issued after August 7, 1986; (b) the Notes are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Notes 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 2<911 ,r_ 17 are treated as issued by the City) during this calendar year 1991 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1991 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 an of Y 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. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Bastian and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dale Carlson, Joseph Zappa, Frances Juker and Mayor Gary Bastian and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 24911 5~ 18 I. UNFINISHED BUSINESS 1. Ordinance to Increase Recycling Charge - Second Reading a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Councilmember Zappa introduced the following Ordinance and moved its adoption: ORDINANCE 692 ORDINANCE AMENDING THE MAPLEWOOD FOR WASTE MANAGEMENT AND RECYCLING CHARGES The Maplewood City Council hereby ordains as follows: Section 1. Sec. 16-58 is hereby amended to read as follows: All residential property shall be billed $1.80 per unit per quarter for solid waste reduction and recycling. Section 2. This ordinance shall take effect January 1, 1992. Seconded by Mayor Bastian Ayes - all 2. Ordinance - Gambling - Second Reading a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following Ordinance and moved its adoption: ORDINANCE 693 ORDINANCE AMENDING THE MAPLEWOOD LAWFUL GAMBLING ORDINANCE The Maplewood City Council hereby ordains as follows: Sec. 15-42. Contribution from Lawful Gambling Organizations. (a) Each organization conducting lawful gambling within the City shall contribute ten (10) percent of its net profits derived from lawful gambling within the City. For purposes of this section, an "organization conducting lawful gambling" means all organizations licensed by the Minnesota Lawful Gambling Control Board. (b) An organization's receipts from lawful gambling that is exempt from licensing under Minnesota Statutes, Section 349.166, are not subject to the ten (10) percent contribution imposed by this section; (c) For purposes of this section the term "net profits" means profits less amounts expended for allowable expenses; the terms "profits" and "allowable expenses" have the meanings given them by Minnesota Statutes, Chapter 349 and Rules and Regulations promulgated thereunder. ~ (d) The ten (10) percent contribution imposed by this section shall be paid to a fund administered and regulated by the City, without cost to the City, for disbursement for lawful purposes on a monthly basis .and shall be reported on a duplicate copy of the gambling tax return filed with the Minnesota Lawful Gambling Control' Board each month. The report shall be an exact duplicate of the report filed with the Minnesota Lawful Gambling Control Board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. The gambling tax return and payment of the contribution due must be postmarked or, if hand-delivered, received in the office of the Maplewood Finance Director, on or before the last day of the month following the month for which the report is made. An incomplete gambling tax return will not be considered timely unless-corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to: Finance Director City of Maplewood 1830 East County Road B Maplewood, MN 55109 Checks shall be made payable to: City of Maplewood (e) There shall be an interest charge of eight (8) percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section; (f) The City Council shall disapprove any pending application for renewal or original issue of a lawful gambling license for any organization which owes delinquent contributions to the City of Maplewood. Further, the Director of Public Safety may notify = the Minnesota Lawful Gambling Board of any organization owing - delinquent contributions to the City of Maplewood and may request that the board revoke or suspend the organization's license during the license year. The City Council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or foot license to any organization which owes delinquent contributions to the City of Maplewood. The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law. This ordinance shall take effect January 1, 1992. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Zappa Nays - Mayor Bastian 3. Conditional Use Permit: Demont Ave. between Flandrau St. and Bittersweet Lane a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: John Daubney, Attorney representing Mr. Kavanaugh, stated they agreed to the tabling of this item. d. Councilmember Zappa moved to table this item until March 9. 1992. Seconded by Councilmember Juker Ayes - all 4. Change Order and Final Payment - Fueling Site a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa introduced the following Resolution and moved its adoption: 91 - 11 - 143 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made the Maplewood Fueling Site and let a construction contract pursuant to Minnesota Statutes, and WHEREAS, it is now necessary and expedient that said contract be modified. 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 #1 in the amount of X3,795. Seconded by Councilmember Juker Ayes - all J. NEW BUSINESS 1. Sign Review: 1815 North St. Paul Rd. (Mid America Bank) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. _ c. Board Member Erickson presented the Community Design Review Board recommendation. d. Tom Van Pelt, Mid America State Bank, spoke on behalf of the request. e. Councilmember Juker moved approval of the Sian sketch dated October 1. 1991 for a tenant identification around sion at Mid America Bank 1815 North St Paul Road. Seconded by Councilmember Zappa Ayes - all 2. Sign Review: Plaza 3000 a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Board Member Erickson presented the Community Design Review Board recommendation. d. Larry Oberste of Jackson Scott and Associates spoke on behalf of the proposal. e. Councilmember Zappa moved aoaroval of the revised sign criteria for the Plaza 3000 Shoooing Center and the Plaza 3000 North Annex as follows: 1) .Tenant signs are restricted to store identity only. 2) The approved signage area on the Plaza 3000 is the upper building fascia. The signage shall consist of a continuous 30-inch-wide cabinet-type sign mounted along the bottom edge of this fascia.. At the center of the mall area, a second row of signs may be used to help locate tenants. There shall be a minimum of 18 inches between signs on this sign panel. 3) The approved signage area on the Plaza 3000 North Annex is the upper building fascia. The maximum letter height allowed is 36 inches. The total sign height for more than one line of copy shall not exceed four feet. These signs shall be individual, internally-lit lettermounted on raceways. There must be at least two feet between both ends of a tenant's sign and that tenant's store front. These signs must be centered horizontally and vertically within the upper building fascia. 4) Any changes to the Minnesota Fabrics, Snyder Drug, Old Country Buffet, Thomasville Gallery / Suburbia Furniture, Pet Food Warehouse and Pizza Hut Carry Out signs shall require further approval by the Design Review Board, unless previously determined otherwise by the Board. 5) The pylon signs are approved as shown on the sketches dated October 16, 1991. The original Plaza 3000 pedestal sign is also permitted. 6) Service door signs are limited to the store name and address. Addresses must be between 3-1/2 and 12 inches in height. Store names must not exceed three inches in height. 7) All holes from signs that are removed must be properly patched and the wall or fascia must be repainted or refinished. 8) The Community Design Review Board must review major changes to this criteria. Staff may approve copy changes for the signs listed in condition four and minor pylon sign revisions if they meet code. Seconded by Councilmember Carlson Ayes - all 3. Parkside Fire Department's Request for Reimbursement a. Manager McGuire presented the staff report. b. Mayor Bastian moved to table until the December 9. 1991 meeting. Seconded by Councilmember Zappa Ayes - all 4. Theisen Vending Company a. Manager McGuire presented the staff report. b. Anita Bennett, Theisen Vending Company, spoke on behalf of their request to revise coin operated amusement device permit fees. c. Mayor Bastian moved to request staff to investigate this issue and submit a report' Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson, Juker Nays - Councilmember Zappa 5. Removal of Signs a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Juker moved to direct staff to investigate ordinances covering smaller signs than allowed in Code for oenalty provision and to oreoare articles informing residents of sign ordinance by June i. 1991. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Zappa Nays - Mayor Bastian 6. Authorization to Hire CSO a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the specifics of the report. c. Councilmember Zappa moved to authorize hiring a full-time CSO and if a CSO/Paramedic is hired. Council be assured that all paramedics are being utilized. Motion died for lack of a second. d. Mayor Bastian moved to authorize the hiring of a CSO/Paramedic as requested Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker Nays - Councilmember Zappa 7~D 7. Replacement of Secretary - Manager's Office a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to authorize replacement of the full-time secretary position in the Manager's Office. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Zappa Nays. - Councilmember Juker K. VISITOR PRESENTATIONS 1. Les Axdahl asked if previous bonds could be recalled and financed at a lower rate> a. Staff stated that bonds are recalled and refinanced as often as possible. COUNCIL PRESENTATIONS 1. Reconsideration of Knowlan's _ a. Councilmember Juker moved to reconsider Council action regarding Knowlan's and place it on the 12-9-91 Agenda. Seconded by Councilmember Zappa Ayes - all 2. City-Owned House - County Road B a. Councilmember Juker reported that the house on County Road B was burned and she heard it was not in that bad shape, and before the second house is destroyed Council should see the house. No action was taken. 3. Realtor Sign Ordinance Councilmember Zappa moved to direct staff to oreoare an ordinance regarding realty signs, similar to the one in Cottage Grove. Seconded by Councilmember Carlson Ayes - all 4. Moose Lodge a. Councilmember Zappa moved to commend the Moose Lodge on their promotion of the Citv Darks and suggested a letter of appreciation be forwarded Seconded by Mayor Bastian Ayes - all 5. Tree Trimming Ordinance a. Councilmember Zappa questioned if anything had been done to prevent utilities from cutting down trees. b. Councilmember Zappa moved to direct staff to oreoare an ordinance regarding the controlling of tree trimming by utilities. Seconded by Mayor Bastian Ayes - all 6. Recognition of City Employees a. Councilmember Zappa stated he wished to thank the City employees for their expertise in handling the November 1 snowstorm. 7. Mayor's Update a. Mayor informed the Council about various upcoming meetings and communications from residents, including the next Mayor's forums, which will be held on January 4 and February 1 at City Hall. - M. ADMINISTRATIVE PRESENTATIONS i. Establish Date for Council/Manager Meeting a. Council/Manager meeting will be on December 5, 1991. The Pre-Agenda meeting for that date is cancelled. Meeting was recessed at 9:55 p.m. to enter into closed Attorney/Client meeting. Meeting reconvened at 10:15 p.m. Councilmember Zappa requested a personal privilege and commehted on a caricature he received in the mail. - N. ADJOURNMENT Meeting adjourned at 10:18 p.m. City Clerk