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
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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.
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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
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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
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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)
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_ 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:
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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
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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.
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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:
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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
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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.
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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,
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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
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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.
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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.)
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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.
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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.
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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
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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
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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
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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
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(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
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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
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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
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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
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(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.
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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)
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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:
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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:
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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
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- "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.
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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