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HomeMy WebLinkAbout05-23-1994 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 23, 1994 Council Chambers, Municipal Building Meeting Nc. 94-11 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Gary W. Bastian, Mayor Present (Left at 7:42 P.M.) Sherry Allenspach, Councilmember Present _ Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES 1. Minutes of Special Meeting of May 9, 1994 Mayor Bastian moved to table the minutes of Special Meeting (Mav 9. 19941 to the June 13, 1994 Council Meeting. Seconded by Councilmember Carlson Ayes - all 2. Minutes of Meeting 94-10, (May 9, 1994) Mayor Bastian moved to table the minutes of Meeting No. 94-10 (Mav 9. 1994) to the June 13. 1994 Council. Meeting. Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as submitted. Seconded by Councilmember Rossbach Ayes - all EA. PRESENTATIONS , NONE 1 5-23-94 F. CONSENT AGENDA ' Councilmember Carlson moved seconded by Mavor Bastian: ayes - all. to aaorove the Consent Agenda items F-1 thru F-3. as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 461,990.30 Checks # 2432 - # 2488 Dated 5-02-94 thru 5-11-94 $ 736.433.88 Checks #13540- #13694 Dated 5-23-94 $1,198,424.18 Total per attached voucher/check register PAYROLL: $ 213,578.71 Payroll Checks #40410 thru #40575 Dated 5-06-94 $ 47.671.87 Payroll Deduction Checks # 40580 thru # 40596 dated 5-06-94 - $ 261,250.58 Total Payroll $1.459.674.76 GRAND TOTAL 2. HRA Annual Report Accepted, with thanks, the March 1993 - February 1994 Annual Report from the Housing and Redevelopment Authority. 3. Tax Exempt Financing Change: Pondview Apartments (Beaver Creek) 94-05-51 RESOLUTION AUTHORIZING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS, SERVES 1994 (BEAVER CREEK APARTMENTS PROJECT - FHA INSURED MORTGAGE LOAN) AND AUTHORIZING THE EXECUTYON OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED by the Council of the City of Maplewood, Minnesota as follows: 1. On August 17, 1988 the City issued its $5,615,000 Multifamily Mortgage Revenue Refunding Bonds (Beaver Creek Apartments Project-FHA-Insured Mortgage Loan), Series 1988 (the "Prior Bonds") to provide a loan (the "Loan") to Beaver Creek Apartments Limited Partnership (the "Company"), to refund the $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) to finance the acquisition, construction and equipping of a 120-unit multifamily rental apartment building located at 2565 and 2585 East Ivy Avenue in the City (the "Project"). 2. The City has received a proposal from the Company that the City refund the Prior Bonds pursuant to Minnesota Statutes, Chapter 462C (the "Act") by issuance by the City of its $5,515,000 Multifamily Housing Revenue Refunding Bonds, Series 1994 (Beaver Creek Apartments Project - FHA Insured Mortgage Loan) (the "Bonds") in accordance with a Bond Purchase Agreement (the "Bond Purchase Agreement") between the City, the Company, and Piper Jaffray Inc. (the "Bond Purchaser"). The Bond Purchaser will offer the Bonds for resale pursuant to a Preliminary Official Statement (the "Preliminary Official Statement") and a Final Official Statement to be prepared prior to closing of purchase of the Bonds. 2 5-23-94 3. It is proposed that, pursuant to a loan Agreement to be dated as of June 1, 1994, between the City and the Company (the "Loan Agreement"), the City provide for repayment of the Loan by the Company. The Basic Payments to be made by the Company under the Logan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any and interest on, the Bonds when due. it is further proposed that the City assign its rights to the Basic Payments and certain other rights under the Loan Agreement to First Trust National Association, a national banking association located in St. Paul, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as of June 1, 1994 between the City and the Trustee (the "Indenture"). 4. In connection with the issuance of the Prior Bonds the Company has executed a Regulatory Agreement, as amended August 1, 1988 and June 1, 1994 (the "Regulatory Agreement") and a Declaration of Restricted Covenants as amended August 1, 1988 and June 1, 1994 (the "Declaration"). 5. The proceeds of the Prior Bonds were used to fund the mortgage Loan made to the Company to refinance the Project which mortgage loan has been insured by the Federal Housing Administration ("FHA") of the United States Department of Housing and Urban Development ("HUD") as further described in the Preliminary Official Statement and to fund a reserve fund. 6. Forms of the following documents relating to the Bonds have been submitted for review to the City Attorney and to the City Council for approval: (a) the Loan Agreement; (b) the Indenture; (c) the Bond Purchase Agreement; (d) the Preliminary Official Statement (not executed by the City); (e) the Regulatory Agreement; and (f) the Declaration. 7. It is hereby found, determined and declared that: (a) the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture and the Bond Purchase Agreement (collectively, the "Agreements"), and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Agreements and the Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth int the Indenture; (c) the Basic Payments under the Loan Agreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of, premium, if any, interest on, and the purchase price of, the Bonds issued under the Indenture when due, and the Loan Agreement, documents relating to FHA insurance on the Loan and the Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises (as defined in the Indenture) and payable during the term of the Loan Agreement and Indenture; and 3 5-23-94 (d) under the"provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and the Bonds shall not constitute a debt of the City or its political subdivision within the meaning of any constitutional or statutory limitation. 8. Subject to the approval of the City Attorney and the provisions of paragraph 12 hereof, the forms of the Agreements and exhibits thereto and all other documents described in paragraph 6 hereof are approved substantially in the form submitted with such subsequent changes as may be approved by the City and the City Attorney. The Agreements, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager. Any other documents and certificates necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in the Loan Agreement and Indenture. 9. The City hereby authorizes the use and circulation by the Bond Purchaser of the Preliminary Official Statement in connection with the offer and sale of the Bonds. The City has not prepared nor made any independent investigation of the information contained in the Preliminary Official Statement (other than the section therein captioned "the Issuer") and takes no responsibility for such information. 10. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The Bonds shall mature on the dates as set forth in the Indenture. The offer of the Bond Purchaser to purchase the Bonds at a price set forth in the Preliminary Official Statement, plus accrued interest to the date of delivery in consideration of an underwriting fee to be paid by the Company is hereby accepted. The Mayor and City Manager are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 11. The Mayor and City Manager and other appropriate officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 12. The approval hereby given to the Agreements and the various other documents referred to in paragraphs 6 and 8 above includes approval of (a) such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel, the City Attorney and the City officials authorized herein to execute said documents prior to their execution 4 5-23-94 and (b) such additional documents, agreements or certificates as may be necessary _ and appropriate in connection with the Agreements and with the issuance and sale of the Bonds and approved by Bond Counsel, the City Attorney and City officials - authorized herein to execute said documents prior to their execution; and .said City Attorney and City officials are hereby authorized to approve said changes or additional documents, agreements or certificates on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms thereof and hereof. In the absence (or inability) of the Mayor or City Clerk or City Manager, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor or the Acting City Manager, respectively. 13. It is understood and agreed that the Company shall indemnify the City against all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Bonds, as provided for and agreed to by and between the Company and the City in the Loan Agreement and the Bond Purchase Agreement. G. PUBLYC HEARINGS I. 7:00 P.M.: Tax-Increment Financing: Carefree Cottages of Maplewood - Phase III _ a. Mayor Bastian convened the meeting for a public hearing regarding an application from Bruce Mogren regarding tax-increment financing. b. Manager McGuire stated the applicant wants to withdraw their application - for tax-increment financing and should be removed from the agenda. c. Mayor Bastian moved to accent withdrawal of the aoolication. Seconded by Councilmember Rossbach Ayes - all 2. 7:10 P.M.: 2830 Keller Parkway (Regnier) a. Mayor Bastian convened the meeting for a public hearing regarding a request from Mr. Gilbert Regnier for two code variations and a driveway agreement in order to enable a division of 2830 Keller Parkway. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Lorraine Fischer presented the Planning Commission Report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: _ Mrs. Regnier, 2830 Keller Parkway Bill Richie, owner of adjacent property to the east K. Benker, 2786 Keller Parkway Keith Hillestad, 2840 Arcade Ed Berglund, 2800 Keller Parkway Bill Rethke, 2828 Keller Parkway Gil Regnier, 2830 Keller Parkway AAYOR BASTIAN LEFT THE MEETING AT 7:42 P.M. f. Acting Mayor Rossbach closed the public hearing. 5 5-23-94 Code Variation g. Councilmember Koppen moved to authorize staff to reconvev Outlot B to the State. sub.iect to the following conditions: 1. The County deeding this outlot to Mr. Regnier and combining it with Mr. Regneir's lot to the east for tax purposes. 2. The Regneirs shall pay all costs, such as back taxes or assessments. Seconded by Councilmember Carlson Ayes - all (4) Driveway Agreement g. Councilmember Koppen introduced the following Resolution and moved its adoption: 94 - 05 - 52 DRIVEWAY AGREEMENT RESOLUTION WHEREAS, Mr. Gilbert Regnier is asking that the City approve a Code variation to divide 2830 Keller Parkway into two lots; WHEREAS, the legal description of the property is: Lake Gervais View Addition except the part beginning at the most northerly corner of Lot 3, Block 2, thence southeasterly to the most easterly corner of said Lot 3, thence southeasterly on northeasterly lines of Lots 4 and 5, Block 2 to most easterly corner of Lot 5, Block 2, thence north 24 degrees, 16 minutes east 220.15 feet, thence south 65 degrees, 20 minutes, 32 seconds west to point of beginning and subject to easement, Lot 1, Block 3. WHEREAS, Section 30-8(f)(4) of the City Code requires all lots to abut on a publicly dedicated and maintained street. WHEREAS, the proposed lot with the house would not front on apublicly-maintained street. WHEREAS, the history of this request is as follows: 1. The Planning Commission discussed this request on May 2, 1994. They recommended that the City Council approve the request. 2. The City Council discussed this request on May 23, 1994. The Council gave everyone at the meeting a chance to speak and present written statements. The Council also considered reports and recommendations - from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council allow the lot division for the existing house on the above-described property with he following conditions: 1. The legal description for the lot division shall follow the staff site plan shown on page 14 of the May 10, 1994 staff report. The Director of - Community Development may approve minor changes. 6 5-23-94 2. Record with the County a permanent 60-foot-wide street and utility. easement to Maplewood for an east/west street. The alignment shall be as shown on the staff site plan on page 14 of the May 10, 1994 staff report. The easement shall have a 30-foot setback from the existing house. The Director of Community Development may approve minor alignment changes. 3. The property owner shall sign and record an agreement against the property that: a. Holds the City harmless from any liability for using the private driveway or any delay in emergency vehicles finding the house. b. States that the property owners shall maintain, plow and sand this driveway to the satisfaction of the Director of Public Safety. c. States that the City may change this agreement if the City approves another house on this driveway or a plat with a public street. d. States that each owner that uses this driveway shall pay for a proportionate share of the costs to widen or improve the drive. In case of a disagreement, the Director of Community Development _ shall determine the amount based on the length of the drive that each owner uses. The City Attorney shall prepare these agreements. The property owner shall pay for the Attorney's costs. 4. The City must receive a public use deed for Outlot B of the Frattalone Addition. 5. Give the City a drainage easement over the ponding area. The City Engineer must approve the location. The property owner must prepare the deed, including the legal description. 6. Record an agreement that transfers the development rights for the vacant lot to the City until the City approves a final plat for this property. The City Attorney shall prepare this agreement. The property owner shall pay for the Attorney's costs. 7. Install a sign at Arcade Street and the driveway that states the address of the house. 8. The Building Inspector must approve a final inspection for the house. Seconded by Councilmember Carlson Ayes - all (4) House Orientation g. Councilmember Koppen moved to take no action on the front-vard setback. Seconded by Councilmember Carlson Ayes - all (4) ri. AWARD OF BIDS None 7 5-23-94 I, UNFINISHED BUSINESS I. Searle Street Storm Sewer, Project 94-14, Feasibility Study a. Manager McGuire presented the staff report. b. Director of P~:blic Works Haider presented the specifics of the report. c. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson introduced the following Resolution and moved its adootion• 94-05-53 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Searle Street Storm Sewer, City Project 93-14, by construction of storm sewer, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Searle Street Storm Sewer, City Project 93-14, by construction of storm sewer is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $49,000. 3. A public hearing will be held in the Council Chamber of the City Hall at 1830 East County Road B on Monday, the 13th day of June, 1994, at 7:15 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Koppen Ayes - all (4) 2. Sterling Street/Schaller Drive, Project 93-08, Feasibility Study a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. c. Councilmember Carlson introduced the following Resolution and moved its adoption: 8 5-23-94 94-05-54 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Sterling Street and Schaller Drive Improvements, City Project 93-08, by construction of street, sanitary sewer, water main, storm sewer, and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Sterling Street and Schaller Drive Improvement, City Project 93-08, by construction of street, sanitary sewer, water main, storm sewer, and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with _ the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $1,273,170. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 13th day of June, 1994, at 7:30 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Allenspach Ayes - all (4) 3. Beam Avenue/Walter Street Drainage a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Allenspach moved to take no action at this time. Seconded by Councilmember Koppen Ayes - all (4) 4. No Parking, Beam Avenue - Maplewood Heights Park a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Acting Mayor Rossbach asked if anyone: wished. to speak before the Council regarding this matter. The following was heard: Mike Murphy, 2830 Beam Avenue 9 5-23-94 d. Councilmember Carlson moved to spend money for streetlight in parking lot of Dark. Seconded by Acting Mayor Rossbach Ayes - all (4) 5. Cable Franchise Renewal- a. Manager McGuire presented the staff report. b. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. c. Councilmember Carlson moved to table item to the June 13. 1994 Meeting. Seconded by Councilmember Allenspach Ayes - all (4) 6. City Council Policies and Procedures a. Manager McGuire presented the staff report. b. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. - c. Councilmember Carlson moved to adopt the Rules of Procedure and Citv Council Policies as presented. Seconded by Councilmember Koppen Ayes - all (4) J. NEW BUSINESS 1. Drainage: East Shore Drive a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following were heard: Doug Holmberg, 1858 East Shore Drive Paul Koreen, 1866 East Shore Drive d. Councilmember Carlson moved to direct staff to prepare a feasibility study by the June 27. 1994 Meeting. Seconded by Councilmember Koppen Ayes - all (4) 2. Budget Transfer to Ctose Project 93-06, Vista Vale a. Manager McGuire presented the staff report. b. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. 10 5-23-94 c. Councilmember Carlson moved to close Pro.iect 93-06 and transfer funds from the General Fund to finance the pro.iect-to-date expenditures of aooroximately E565. Seconded by Councilmember Koppen Ayes - all (4) 3. 1995-1999 Capital Improvement Plan (4 Votes) a. Manager McGuire presented the staff report.' b. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. c. Councilmember Carlson introduced the following Resolution and moved its adoption: 94-05-55 APPROVING 1995 - 1999 CAPITAL IMPROVEMENT PLAN WHEREAS, THE 1995-1999 Capital Improvement Plan coordinates the timing and financing of major equipment purchases and construction projects, and WHEREAS, the 1995-1999 C.I.P. is a planning tool for City staff and elected officials, and WHEREAS, it is important to follow the construction and financing schedule for the 1995 public works projects on pages 1-8 and 1-9 in the C.I.P. in order to fully utilize the City's engineering staff and minimize the need for consultant engineers, and NOW, THEREFORE, BE IT RESOLVED, that the 1995-1999 C.I.P. is hereby adopted as a planning document, and BE IT FURTHER RESOLVED, the construction and financing schedule for the 1995 public works projects on pages 1-8 and 1-9 in the C.I.P. will be followed to the greatest extent possible. Seconded by Councilmember Koppen Ayes - all (4) 4. Prepayment of 1989 Taxable Tax Increment Bonds a, Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson introduced the following Resolution and moved its adoption: 11 5-23-94 94 - 05 - 56 CALL FOR REDEMPTION OF OUTSTANDING TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 A, WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), issued on behalf of the City, $350,000 Taxable General Obligation Tax Increment Bonds of 1989, dated November 1, 1989 (the "Bonds"), of which Bonds $290,000 still remain outstanding; and Be WHEREAS, all of said Bonds maturing in the years 1996 to 2003, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1, 1995 and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated October 19, 1989 authorizing the issuance of said Bonds (the "Resolution"); and C. WHEREAS, the City Council deems it desirable and in the best interests of = the City to call all of said Bonds maturing in the years 1996 to 2003, both inclusive, on February 1, 1995 in accordance with said Resolution; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 1996 to 2003, both inclusive, shall be redeemed and prepaid on February 1, 1995 at par and accrued interest for each such Bond called. 2. Mailed Notice of Call. The City Clerk is hereby authorized and directed to give mailed notice of call prior to February 1, 1995, the date for call, to the bank where said Bonds are payable and to all holders of the Bonds. Said notice shall be in substantially the following form: NOTICE OF CALL FOR REDEMPTION TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 CITY OF MAPLEWOOD RAMSEY COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on February 1, 1995 those outstanding bonds of the City designated as Taxable General Obligation Tax Increment Bonds of 1989, dated November 1, 1989 having stated maturity dates in the years 1996 through 2003, and totaling $265,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1, 1995, on which date interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment at Norwest Bank Minnesota, National Association (as successor to, Marquette Bank Minneapolis, National Association), if by mail to: Corporate Trust Operations, 6th and Marquette Avenue; or if in person to: Corporate Trust Bond Window, 608 Second Avenue South, 4th Floor, Suite 460, in Minneapolis, Minnesota 55479-0113, on or before February 1, 1995. Seconded by Councilmember Koppen Ayes - all (4) 12 5-23-94 5. Authorization to Hire Computer Network Design Consultant ao Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Acting Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter, No one appeared. d. Councilmember Koppen moved to approve a not-to-exceed $13.000 contract with AmeriData Advanced Solution Group to assist the Citv with an analysis of the City's current computer needs and the design and development of a new computer system in Citv Hall and the Community Center and that the funds for 80% of the study ($10.400) be transferred from the Data Processing Fund Retained Earnings, and 20% of the study ($2,600) be funded through the Community Center's Furniture. Fixture and Equipment (FF&E~ budget. Seconded by Councilmember Allenspach Ayes - all (4) 6. Litigation (Closed Session) a. Councilmember Rossbach moved to amend the Agenda, moving Item J-6 to be heard as Item M-3. Seconded by Councilmember Carlson Ayes - all (4) K. VISITOR PRESENTATIONS 1. tinny Yingling, 673 Dorland Road a, Ms. Yingling, representing the Sierra Club, Public Lands Task Force for. Minnesota, requested information on the status of Witch's Woods, the Priory property and the Foundation Park area with regard to the Open Space program and expressed the opinion of the Task Force encouraging the Council to pursue purchasing and developing those areas as Open Space. b. Councilmembers Carlson and Rossbach commented on the cost concerns and the commitment of the Open Space Commission to have open spaces throughout the City and not all in just one area. L. COUNCIL PRESENTATIONS Acting Mayor Rossbach read a note from Mayor Bastian regarding the following items of concern: 1. Council Minutes a. Are the Council Minutes sent to Ramsey County Library? b. Manager McGuire will investigate and respond. 13 5-23-94 2. Rainbow.Appeal a. What happened to the Rainbow appeal regarding the redesign of their exit? b. Staff reported that Rainbow dropped their request to redesign the exit and the appeal regarding the same was consequently dropped. 3. Country Buffet Trash Pick-up. a. A copy was received by the Mayor of a letter from a resident to Old Country Buffet questioning why their trash pickup was being done between 2:30 a.m. and 3:30 a.m. b. Staff will monitor whether this recurs. I 4. Two turtle sites on McKnight a. Manager McGuire stated the DNR has reviewed and handled the situation. 5o Road Improvements a. There was a suggestion to impose sales tax on road improvements. b. Manager McGuire said there couldn't be a sales tax, but that another type of tax could be considered. 6. Schroeder Milk Property a. What is the status of restoration of the Schroeder Milk Company property on Rice Street? b. Director of Public Works Haider stated this is being pursued with the Company in relation to an application they now have for some additional development on the property. 7. June Mayor's Forum a. The June Mayor's forum has been changed to Tuesday, June 7, 1994, from 6:00 P.M. to 7:30 P.M., at the Mayor's home, 2220 Ide Court. M. ADMYNYSTRATIVE PRESENTATIONS 1. Open Space Progress a. Manager McGuire reported on the current status of Open Space Commission activities regarding properties, specifically the Gonyea and Priory _ properties, and asked for Council direction and information on legal exposure. b. Attorney Quarnstrom commented on the legal ramifications with regard to the Gonyea property. c. Assistant Manager Maglich reported that appraisals are being done on the Priory property, Lower Afton & McKnight, Frost & English, County Road D i & Ariel, Property 116 by Spoon Lake and an area where the two railroad lines meet north of Frost. Those figures should be available in 4 - 6 weeks. 14 6-23-94 de Councilmember Carlson moved to make the Priorv property. rated by the Commission as No. 1. the to~priority for acquisition for oven space. Seconded by Councilmember Allenspach Ayes - all (4) 20 Fire Department Update a, City Manager McGuire reported there has been progress toward agreement and it will be discussed at the June 6, 1994 Council/Manager Workshop. 3. Litigation (Moved from J-6) a. Manager McGuire stated there was no reason to discuss this item as no _ agreement was reached and a court date has been set. N. ADJOURNMENT MEETING ADJOURNED AT 9:40 P.M. 15 5-23-94