HomeMy WebLinkAbout07.17.80
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MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, July 17, 1980
I Council Chambers, Municipal Building
i Meeting No. 80-17
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 7:32 P.M, by Mayor Greavu.
_ B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L, Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
~ None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Lakeshore Ordinance
2. Moratorium on Hiring
3. Letter-Manager
4. Sick Leave Policy
Seconded by Councilman Anderson. Ayes - all.
Mayor Greavu moved to amend the Agenda and hear G-1 at this time.
Seconded by Councilman Anderson. Ayes - all.
G. AWARD OF BIDS
1. Bond Sales
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
80-7-157
RESOLUTION ACCEPTING BID ON SALE OF
$2,950,000 GENERAL OBLIGATION
TEMPORARY IMPROVEMENT BONDS OF 1980
PROVIDING FOR THEIR ISSUANCE
BE ZT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows:
~ 1. The bid of the First National Bank of St. Paul to purchase $2,950,000 General
i
Obligation Temporary Improvement Bonds of 1980 of the City, in accordance with the
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f
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notice of bond sale, at the rates of interest hereinafter set forth, and to pay
therefor the sum of $2,907,018.50 is hereby found,determined and declared to be
j the most favorable bid received, and is hereby accepted and the bonds are hereby
awarded to said bidder. The City Clerk is directed to retain the deposit of said
bidder. The City Clerk is directed to retain the deposit of said bidder and to
forthwith return the good faith checks of drafts to the unsuccessful bidders. The
bonds shall be payable as to principal and interest at The First National Bank of
St. Paul, or any successor paying agent duly appointed by the City.
2. The $2,950,000 negotiable coupon general obligation bonds of the City shall
be dated August 1, 1980 and shall be issued forthwith. The bonds shall be 590 in
number and numbered from 1 to 590, both inclusive, in the denomination of $5,000
each. All bonds shall mature on August 1, 1983.
3. The bonds shall provide funds for the construction of various improvements
in the City. 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 herein authorized. Work on the improvements shall proceed
with due diligence to completion.
I_ 4. The bonds shall mature August 1, 1983, and shall bear interest payable
August 1, 1981 and semiannually thereafter on February 1 and August 1 of each year
II
at the rate. of 4.30% per annum.
5. All bonds of this issue shall be subject to redemption and prepayment at
the option of the City in inverse order of serial numbers, on August 1, 1981 and on
any interest payment date thereafter at par and accrued interest. Published notice
of redemption shall in each case be given in accordance with law, and mailed notice
of redemption shall be given to the bank where the bonds are payable.
6. The bonds and interest coupons to be issued hereunder shall be in substant-
ially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
N0. $5,000
GENERAL OBLIGATION TEMPORARY IMPROVEMENT
BOND OF 1980
KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County,
Minnesota, certifies that it is indebted and for value received promises to pay to
bearer the principal sum of
FIVE THOUSAND DOLLARS
i
on the first day of August, 1983 and to pay interest thereon from the date hereof
until the principal is paid at the rate of percent ( per annum,
payable on the first day of August, 1981 and semiannually thereafter on the first
day of February and the first day of August in each year, interest to maturity being
represented by and payable in accordance with and upon presentation and surrender
of the interest coupons hereto attached, as the same severally become due. Both
~ principal and interest are payable at , or any successor`
paying agent duly appointed by the City, in any coin or currency of the United States
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of America which at the time of payment is legal tender for public and private debts.
~ All bonds of this issue are subject to redemption and prepayment at the option
!of the City in inverse order of serial numbers, on August 1, 1981 and on any interest pay-
<ment date thereafter at par and accrued interest. Published notice of redemption shall
in each case be given in accordance with law, and mailed notice of redemption shall be
given to the bank where the bonds are payable.
This bond is one of an issue in the total principal amount of $2,950,000 all
of like date and tenor, except as to serial number, which bond has been issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota for the
purpose of providing money for various improvements in the Gity and is payable out of the
Special Assessment Fund of the City to which fund there has been irrevocably pledged the
special assessments to be levied in respect to the improvements financed by the issue and
into which fund there are to be paid the proceeds of the definitive improvement bonds which
I, the City is required by law to issue at or prior to the maturity of this bond for the purpose
of refunding the same if the special assessments theretofore collected, or any other
municipal funds which are properly available and are appropriated by the City Council for
such purpose, are not sufficient for the payment thereof. This bond constitutes a general
~ obligation of the City, and to provide moneys for the prompt and full payment of the
,i principal and interest when the same become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to happen and to be performed,
precedent to and in the issuance of this bond, have been done, have happened and have been
q performed, in regular and due form, time and manner as required by law, and this bond,
together with all other debts of the City outstanding on the date hereof and the date of
- its actual issuance and delivery does not exceed any constitutional or statutory limitation
of indebtedness.
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IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City
Council has caused this bond to be executed in its behalf by the facsimile signatures of
the .Mayor and the City Clerk, attested by the manual signature of a person or persons
authorized on behalf of the First National Bank of Saint Paul, in St. Paul, Minnesota,
duly designated by the City Council as authenticating agent; the corporate seal having
been intentionally omitted as permitted by law, and has caused the interest coupons to be
executed and authenticated by the facsimile signatures of said officers, all as of August 1,
1980.
/s/ Facsimile /s/ Facsimile
City Clerk Mayor
Attest: By (Authenticating Agent)
Authorized Signature
(Form of Coupon)
No. $
On the first day of August (February), 19_, unless the bond described below
is called for earlier redemption, the City of Maplewood, Ramsey County, Minnesota,
will pay to bearer at , or any successor paying agent
duly appointed by the City, the sum shown hereon for interest then due on its
General Obligation Temproary Improvement Bond of 1980, N0. dated August 1,
~ 1980.
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/s/ Facsimile /s/ Facsimile
City Clerk Mayor
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7. The bonds shall be executed on behalf of the City by the signatures of its Mayor '
and Clerk and be sealed with the seal of the City; provided, that the seal may be omitted
and that one of such signatures and the seal of the City, if not omitted, may be printed
facsimiles; and provided further that The First National Bank of Saint Paul, in St. Paul,
Minnesota, may act as agent of the City for purposes of authenticating the bonds by one or
~ more persons authorized to sign the bonds on behalf of said bank in which event the signa-
tares of both the Mayor the City Clerk shall be facsimile signatures. The interest coupons
pertaining thereto shall be executed by the printed, engraved or lithographed facsimile
signatures of the Mayor and Clerk.
8. The bonds when so prepared and executed shall be delivered by the Treasurer to
the purchaser thereof upon receipt of the purchase price, and the purchaser shall not be
obliged to see to the proper application thereof.
9. There has heretofore been created a "Special Assessment Fund" held and administered
by the, City Treasurer separate and apart from all other accounts of the City. Said Fund
shall be maintained in the manner heretofore specified until all of the bonds heretofore,
~ herein and hereafter authorized and made payable from said fund and the interest thereon
~ have been fully paid. In said fund there shall be created and maintained separate construct-
1 ion accounts to be designated "Construction Account" for each improvement project financed
by this bond issue and a separate account to be designated "Debt Service Account 1980
Improvement Bonds." The proceeds of the sale of the bonds herein authorized, less any
premium and accrued interest received thereon and less capitalized interest in the amount
f 1 000 subject to such adjustments as are appropriate to provide sufficient funds to
o $35 , ( J J
pay interest due on the bonds on or before August 1, 1981), plus any special assessments
levied with respect to improvements financed by the bonds and collected prior to completio
of the improvements and payment of the costs thereof, shall be credited to the respective:-;
~ Construction Accounts, from which there shall be paid all costs and expenses of making
said improvements listed in paragraph 9, including the cost of any construction contracts
j 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 bond proceeds may
also be used to the extent necessary to pay interest on the bonds due prior to the antici-
pated 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 improve-
~ ments there shall remain any unexpended balance in said Construction Accounts, said balance
(other than any special assessments) may be transferred by the Council to the account of any
other improvement instituted pursuant to Mainnesota Statutes, Chapter 429; and provided
I further that any special assessments credited to the Construction Accounts are hereby
pledged and shall be used only to pay principal and interest due on the bonds. There is
hereby pledged and there shall be credited to the Debt Service Account 1980 Improvement
Bonds (a) all collections of special assessments herein convenanted to be levied and
either initially credited to the Construction Accounts and required to pay any principal
and interest due on the bonds or collected subsequent to the completion of said improve-
ments and payment of the costs thereof; (b) all accrued interest and any premium received
upon delivery of the bonds, (c) all funds paid for the bonds in excess of $7_,907,000,
(d) capitalized interest in the amount of $531,000 (subject to such adjustments as are
appropriate to provide sufficient funds to pay interest due on the bonds on or before
(e) an collections of all taxes which may hereafter be levied in t e
~ August 1, 1981), y
event that the special assessments herein pledged to the payment of the principal and
interest on the bonds are insufficient therefor, and (f) all funds remaining in the
j Construction Accounts after completion of the improvements and payment of the costs therer
~ not so transferred to the acount of another improvement; provided however, that upon ter- -
mination of the subaccounts established for this issue in the Special Assessments Fund,
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all collections of such special assessments herein convenanted to be levied and any other
4sums pledged and appropriated to said subaccounts in the Special Assessment Fund and not
~ used for the payment of said temporary bonds and interest thereon shall be pledged and
'scredited to the extent necessary to the subaccount to be established for definitive
`'bonds in the Special Assessment Fund of any definitive bonds issued to pay in whole or
part said temporary bonds. The Special Assessment Fund shall be used solely to pay prin-
cipal and interest and any premiums for redemption on the bonds issued hereunder and any
other general obligation bonds of the City heretofore or hereafter issued by the City and
made payable from said fund. Any sums from time to time held in the Debt Service Account
_ 1980 Improvement Bonds (or any other City account which will be used to pay principal or
interest to become due on the bonds) in excess of amounts which under the applicable
federal arbitrage regulations may be invested without regard as to yeild shall not be
invested at a yeild in excess of the applicable yeild restrictions imposed by said
'-i arbitrage regulations on such investments.
10. It is hereby determined that no less than 100% of the cost to the City of each
improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58,
Subdivision 1 (3) shall be paid by special assessments to be levied against every assess-
. able lot, piece and parcel of land benefited by the improvement. The City hereby covenants
!1 and agrees that it will let all construction contracts not heretofore let within one year
after ordering each improvement financed hereunder unless the resoltuion ordering the
improvement specifies a different time limit for the letting of construction contracts
i and will do and perform as soon as they may be done, all acts and things necessary for the
final and valid levy of such special assessments, and in the event that any such assessment
be at any time held invalid with respect to any lot, piece or parcel of land due to any
error, defect, or irregularity, in any action or proceedings taken or to be taken by the
jCity or this Council or any of the City officers or employees, either in the making of the
assessments or in the performance of any condition precedent thereto, the City and this
;Council will forthwith do all further acts and take all further proceedings as may be
required by law to make the assessments a valid and binding lien upon such property.
Subject to such adjustments as are required by conditions in existence at the time the
assessments are levied, 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 deferred balance of all such assessments at the rate of at least
8% per annum:
Improvement
Designation Amount Levy Years
78-1 $533,798
78-9 204,100
78-10 424,850
`i 78-18 32,735
i 78-19 78,000
'i 78-24 157,650
79-4 160,000
79-7 66,540
80-6 37,845
At the time the assessments are in fact levied the City Council shall, based on the
then current estimated collections of the assessments, make any adjustments in any ad
valorem taxes required to be levied in order to assure that the City continues to be in
:compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
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11. To further provide moneys for the prompt and full payment of principal and inter-
est on said temporary improvement bonds, the City shall issue and sell definitive improve-
ment bonds, at or prior to the maturity date of the bonds issued hereunder, in such amounts
as are needed to pay the principal and interest then due on said temporary improvement bo:
after the application of the assessments collected and the appropriation of such other
municipal funds as are properly available for such purpose. The Council hereby finds,
determines and declares that the estimated collections of special assessments to be re-
ceived before the maturity date of said temporary improvement bonds, together with the
proceeds of any definitive improvement bonds to be issued at or before said maturity date,
and other revenues pledged for the payment of said bonds, will produce at least five per-
cent in excess of the amount needed to meet when due the principal and interest payment on
the temporary improvement bonds.
For the prompt and full payment of the principal and interest on said bonds, as the
same respectively become due, the full faith, credit and taxing powers of the City shall
t be and are hereby irrevocably pledged. If the balance in the Special Assessment Fund is
ever insufficient to pay all principal and interest then due on the bonds payable therefrom,
the deficiency shall be promptly paid out of any other funds of the City which are avail-
able for such purpose, and such other funds may be reimbursed without interest from the
Special Assessment Fund when a sufficient balance is available therein.
~ 12. The City Clerk is hereby directed to file a certified copy of this resolution
with the County Auditor of Ramsey County, Minnesota, together with such other information
as he shall require, and to obtain fYOm the Auditor his certificate that the bonds have
been entered in the Auditor's Bond Register.
13. The officers of the City are hereby authorized and directed to prepare and furnish
to the purchaser of the bonds, and to the attorneys approving the legality of the issuance
thereof, certified copies of all proceedings and records of the City relating to the bond.
and to the financial condition and affairs of the City, and such other affidavits, certifi
cates and information as are required to show the facts relating to the legality and markE,.-
,I ability 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 ceritfied copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the
City. as to the facts recited therein.
Seconded by Councilman Anderson. Ayes - all.
c. Mayor Greavu introduced the following resolution and moved its adoption:
i~ 80-7-158
1
RESOLUTION ACCEPTING BID ON SALE OF
$570,000 GENERAL OBLIGATION FIRE STATION
BONDS OF 1980
PROVIDING FOR THEIR ISSUANCE AND LEVYING
I A TAX FOR THE PAYMENT THEREOF
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows:
ti
1. The bid of Dain Bosworth, Inc. to purchase $570,000 General Obligation Fire Stat-
ion Bonds of 1980 of the City, in accordance with the notice of bond sale, at the rates i
of interest hereinafter set forth, and to pay therefor the sum of $570,048.01 (plus a
premium of $48.01) is hereby found, determined and declared to be the most favorable bid
III received, and is hereby accepted and the bonds are hereby awarded to said bidder. The
i City Clerk is directed to retain the deposit of said bidder and to forthwith return the
good faith checks or drafts to the unsuccessful bidders. The bonds shall be payable as to
principal and interest at First National Bank of Minneapolis, or any successor paying agent
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_ _ _ _
duly appointed by the City.
2. The $570,000 negotiable coupon general obligation bonds of the City shall be
dated August 1, 1980 and shall be issued forthwith. The bonds shall be 114 in number and
numbered from 1 to 114, both inclusive, in the denomination of $5000 each. The bonds
shall mature serially, lowest numbers first, without option of prepayment, on August 1
in the amounts and years as follows:
1 $50,000 in each of the years 1981 to 1987, both inclusive;
$70,000 in the year 1988; and
~I
$75,000 in each of the years 1989 and 1990.
3. The bonds shall provide funds for the acquisition and betterment of a fire
station for the City. 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 herein authorized. Work on the improvements shall proceed with
~ due diligence to completion.
4. The bonds shall mature in the years and bear the serial numbers set forth below,
7 and shall bear interest payable August 1, 1981 and semiannually thereafter on February 1
{ and August 1 of each year at the respective rates per annum set opposite the maturity
years and serial numbers:
1
Maturity Years Serial Numbers Interest Rate
1981 1 - 10 8.00%
1982 11 - 20 7.00
1983 21 - 30 6.50
1984 31 - 40 6.50
~ 1985 41 - 50 6.50
1986 51 - 60 6.50
1987 61 - 70 6.20
1988 71 - 84 6.25
1989 85 - 99 6.40
1990 100 -114 6.40
5. The bonds and interest coupons to be issued hereunder shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
'i
~ No. $5,000
I
GENERAL OBLIGATION
FIRE STATION
~y,.
BOND OF .1980
KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County,
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Minnesota, certifies that it is indebted and for value received promises to pay to bearer
j without option of prepayment, the principal sum of
i' `
FIVE THOUSAND DOLLARS
on the first day of August, 19 and to pay interest thereon from the date hereof until
the principal is paid at the rate of percent ( per
annum, payable on the first day of August, 1981 and semiannually thereafter on the
first day of February and the first day of August in each year, interest to maturity being
represented by and payable in accordance with and upon presentation and surrender of the
interest coupons hereto attached, as the same severally become due. Both principal and
interest are payable at , or any successor paying agent duly appointed
by the City, in any coin or currency of the United States of America which at the time of
payment is legal tender for public and private debts.
This bond is one of an issue in the total principal amount of $570,000 all of like
date and tenor, except as to serial number, maturity, and interest rate which bond has been
j ~ issued pursuant to and in full conformity with the Constitution and laws of the State of
Minnesota for the purpose of providing money for the acquisition and betterment of afire
station for the City and is payable out of the General Obligation Eire Station Bonds of
1980 Fund of the City. This bond constitutes a general obligation of the City, and to
provide moneys for the prompt and full payment of the principal and interest when the same
become due, the full faith and credit and taxing powers of the City have been and are hereby
irrevocably pledged.
I IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by
the Constitution and laws of the State of Minnesota to be done, to happen and to be per-
formed, 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 thi:
bond, together with all other debts of the City outstanding on on the date hereof and the'"--
date of its actual issuance and delivery does not exceed any constitutional or statutory
III limitation of indebtedness.
6I IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City
Council has cuased this bond to be executed in its behalf by the facsimile signatures of
the Mayor and the City Clerk, attested by the manual signature of a person or persons
authorized on behalf of the First National Bank of Saint Paul, in St. Paul, Minnesota,
duly designated by the City Council as authenticating agent; the corporate seal having
been intentionally omitted as permitted by law, and has caused the interest coupons to be
executed and authenticated by the facsimile signatures of said officers, all as of August
1, 1980.
it
Facsimile Facsimile
City Clerk Mayor
II Attest: By (Authenticating Agent)
1 Authorized Signature
(Form of Coupon)
.III
No. $
On the first day of August (February), 19 , the City of Maplewood, Ramsey County,
Minnesota, will pay to bearer at , or any successor paying agent duly
appointed by the City, the sum shown hereon for interest then due on its General Obligation"
Fire Station Bond of 1980, No. , dated August 1, 1980.
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~ /s/ Facsimile /s/ Facsimile
City Clerk Mayor
6. The bonds shall be executed on behalf of the City by the signatures of its Mayor
`and Clerk and be sealed with the seal of the City; provided, that one (or both) of the
signatures and the seal of the City may be printed facsimiles (if the bonds are also signed
manually by at least one such officer); and provided further that the corporate seal may
be omitted on the bonds as permitted by law. The interest coupons pertaining thereto
shall be executed by the printed, engraved or lithographed facsimile signatures of the
Mayor and Clerk.
I 7. The bonds shall be executed on behalf of the City by the signatures of its Mayor
and Clerk and be sealed with the seal of the City; provided, that the seal may be omitted
and that one of such signatures and the seal of the City, if not omitted, may be printed
facsimiles; and provided further that The First National Bank of Saint Paul, in St. Paul,
Minnesota, may act as agent of the City for purposes of authenticating the bonds by one
or more persons authorized to sign the bonds on behalf of-said bank in which event the
signatuures of both the Mayor and City Clerk shall be facsimile signatures. The interest
coupons pertaining thereto shall be executed by the printed, engraved or lithographed
j facsiihile signatures of the Mayor and Clerk.
8. There is hereby created a special fund to be designated "General Obligation Fire
Station Bonds of 1980 Fund" to be held and administered by the City Treasurer separate and
apart from all other accounts of the City. The Fund shall be maintained in the manner
herein specified until all of the bonds herein authorized and the interest thereon have
been fully paid. There shall be maintained in the Fund two separate accounts, to be
designated the "Construction Account" and the "Debt Service Account", respectively. The
proceeds of the sale of the bonds herein authorized, less any premium and accrued interest
!received thereon, and less capitalized interest in the amount of $38,500 (subject to such
adjustments as are appropriate to provide sufficient funds to pay interest due on the bonds
on or before August 1, 1981), shall be credited to the Construction Account, from which
there shall be paid all costs and expenses of making the fire station improvements, in-
cluding the cost of any construction contracts heretofore let and.all other costs of any
construction contracts heretofore let and all other costs incurred and to be incurred of
the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account
shall be used for no other purpose except as otherwise provided by law; provided that the
bond proceeds 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 herein levied,
There is hereby pledged and there shall be credited to the Debt Service Account (a) all
accrued interest and any premium received upon delivery of the bonds, (b) capitalized
interest in the amount of $38,500 (subject to such adjustments as are appropriate to
I provide sufficient funds to pay interest due on the bonds on or before August 1, 1981),
(c) any collections of all taxes herein levied for payment of the bonds; and (d) all funds
remaining in the Construction Account after completion of the improvements and payment of
the costs thereof. The Debt Service Account herein created shall be used solely to pay
! the principal and interest and any premiums for redemption of the bonds issued hereunder
and any other general obligation bonds of the City hereafter issued by the City and made
payable from said account as provided by law. Any sums from time to time held in the
Debt Service Account (or ,any other City account which will be used to pay principal or
interest to become due on`"the bonds) in excess of amounts which under the applicable federal
arbitrage regulations may be invested without regard as to yield shall not be invested
at a yeeld in excess of the applicable yeeld restrictions imposed by said arbitrage
regulations on such investments.
9. To provide moneys for payment of the principal and interest on the bonds there
is hereby levied upon all of the taxable property in the City a direct annual ad valorem
tax which shall be spread upon the tax rolls and collected with and as part of, other
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general property taxes in the City for the years and in the amounts as follows:
I Year of Tax Year of Tax
j Levy Collection Amount
1980 1981 $54,000
1981 1982 88,000
1982 1983 84,000
1983 - 1984 81,000
1984 1985 77,000
1985 1986 74,000
1986 1987 71,000
1987 1988 88,000
1988 1989 89,000
1989 1990 84,000
The tax levies are such that if collected in full they, together with estimated
collections of other revenues herein pledged for the payment of the bonds, will produce
at least five percent in excess of the amount needed to meet when due the principal and
interest payments on the bonds. The tax levies shall be irrepealable so long as any of the
bonds are outstanding and unpaid, provided that the City reserves the right and power
to reduce the levies in the manner and to the extent permitted by Minnesota Statutes,
Section 475.61 (3).
For the prompt and full payment of the principal and interest on the bonds, as the
~ same respectively become due, the full faith, credit and taxing powers of the City shall
be and are hereby irrevocably pledged. If the balance in the Debt Service Account is
i ever insufficient to pay all principal and interest then due on the bonds payable therefrc
~ the deficiency shall be promptly paid out of any other funds of the City which are avail-
able for such purpose, and such other funds may be reimbursed without interest from the
~ Debt Service Account when a sufficient balance is available therein.
~ 10. The City Clerk is hereby directed to file a certified copy of this resolution
with the County Auditor of Ramsey County, Minnesota, together with such other information
as he shall require, and to obtain from the Auditor his ceritficate that the bonds have
~ been entered in the Auditor's Bond Register, and that the tax levy required by law has been
made.
I
11. The officers of the City are hereby authorized and directed to prepare and
furnish to the purchaser of the bonds, and to the attorneys approving the legality of the
issuance thereof, 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
i copies, certificates and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
Seconded by Councilman Anderson, Ayes - all.
E. CONSENT AGENDA
Council removed Item E-6 to become J-5.
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~ Councilman Nelson moved seconded by Mayor Greavu, Ayes - all, to approve the Consent
Agenda Items 1, 2, 3, 4, 5 and 7 as recommended.
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~ 1. Accounts Payable
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Approved the accounts (Part I - Fees, Services, Expenses - Cheek No. 004441 through
Check No. 004490 - $120,131.63; Check No. 006157 through Check No. 006303 - $517,096.43:
_i Part II, Payroll Check No. 24733 through Check No. 24881 - $55,065.08) in the amount
of $637,283.12.
2. Donation from North Maplewood Lions and Lioness Clubs
a. Accept the donation of $500.00 from the North Maplewood Lions Club for the
Fourth of July fireworks and the donation of $2,000 from the North Maplewood
Lioness Club for the Happy Wanderer Puppet Wagon. Letters of appreciation are
to be forwarded.
3. Time Extension: Valley View Estates
~ a. Approved a 90 day time extension for the Valleyview Estates preliminary
a
plat.
' 4. Land Use Plan Reviews: North St. Paul-Newport
a. Authorized staff to submit the stated comments pertaining to North St. Paul
1 and Newport's Land Use Plans to the respective communities.
5. Minnesota Waterworks Association - Foreman
a. Approved the travel and training application of Sewer Foreman Laverne Nuteson
to attend the Minnesota Waterworks Association Conference in Duluth,. August 6, 7
and 8, 1980.
7. Budget Transfers - Street
Approved the budget transfer of $2,700.00 from the Street Maintenance Materials
Budget (133-4180) to Street Fees to cover cost of replacing curb returns at t
intersection of the now vacated Barclay Street with Lark Avenue and Cope Avenue.
E-A APPOINTMENTS
! 1. Planning Commission Vacancy
j a. Manager Evans stated the Planning Commission, at their July 7 meeting, re-
'i commended that the Council consider Dorothy Hejny or Mike Sheehan for appointment
to the position vacated by Gary Sherburne. The Commission felt that since the
Council was interviewing candidates, the Council should make the final. selection.
The Commission chose the above two candidates,. because they were most represen-
tative of the area previously represented by Gary Sherburne. Both candidates
have been asked to attend the Council meeting.
b. Mrs. Dorothy Hejny, 1764 No. McKnight Road, and Mr. Mike Sheehan, 2659
~ Stillwater Road, stated their reasons for wishing to be appointed to the Plan-
j ning Commission.
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c. Mayor Greavu moved to appoint Mrs. Dorothy Hejny to the Planning Commission
effective immediate-
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Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen
Anderson and Nelson.
1 Nays - Councilperson Juker
Councilman Bastian abstained.
Councilperson Juker stated she voted nay only because she felt there should be
representation on the Commission from the area south of Larpenteur Avenue.
2. Human Relations Commission - Vacancy
a. Manager Evans presented an application from Mr. Joe V. Benkovics, 1264
Kohlman Avenue for appointment to the Human Relations Commission.
b. Mr. Joe Benkovics stated his reasons for wishing to serve on the Commission.
c. Councilman Nelson moved to appoint Mr. Joe Benkovics to the Human Relations
Commission for a three year term.
Seconded by Mayor Greavu. Ayes - all.
F. PUBLIC HEARINGS
1. Southlawn Avenue, Project 79-15 (continued from July 3, 1980 meeting)
a. Mayor Greavu convened the meeting for a public hearing regarding the con-
struction of sanitary sewer, storm sewer, service connections, street construct-
ion, drainage facilities in the following area from Beam Avenue on the north to
White Bear Avenue on the East to Kohlman Avenue on the South and a line 2300
feet west of White Bear Avenue. The Clerk noted the dates of publication and
stated the hearing notice was in order.
jl b. Manager Evans presented the staff report.
c. Mr. James Orr, Schnell and Madson, Inc., presented the specifics of the im-
provement.
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d. Mayor Greavu called for proponents. None were heard.
~ e. Mayor Greavu called for opponents. The following were heard:
it Mr. Dick Leko, 1890 Radatz Avenue;
Mr. Eugene Whyte, 1850 Radatz Avenue.
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f. Mayor Greavu closed the public hearing.
g. The developer stated he had easement going to White Bear Avenue and an
I~ agreement for easement to the property owner to the west.
I h. Councilman Anderson moved to approve the proposed improvement with the
stipulation that the HUD grant of $273 000 be utilized and that the remaining
~ $63,000 be assessed.
~ Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen
Anderson and Nelson.
:I Nays - Mayor Greavu and Councilman
Bastian.
Motion defeated.
i - 12 - 7/16
_
i. Councilman Bastian moved to reconsider the previous vote.
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Seconded by Councilman Anderson. Ayes - Councilperson Juker, Councilmen
~ Anderson, Bastian and Nelson.
' Nays - Mayor Greavu.
j. Councilman Anderson moved to waive the Rules of Procedures and discuss the
~ proposed improvement of Southlawn Drive.
Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
' Nays - Mayor Greavu.
k. Councilman Anderson introduced the following resolution and moved its adoption:
80- 7 -159
~ WHEREAS, after due notice of public hearing on the construction of sanitary
sewer, storm sewer, service connections, street construction, drainage facilities
~ and necessary appurtenances on Southlawn Drive from Vale Avenue to Beam Avenue
~ (Improvement Project 79-15) a hearing on said improvement in accordance with the
notice duly given was duly held on July 17, 1980, and the Council has heard all
persons desiring to be heard on the matter and has fully considered the same;
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
i AS FOLLOWS:
1. That, contingent on the approval of an H.U.D. Community Development
~ Block Grant of approximately $273,400, the remainder of the project
cost to be assessed, it is advisable, expedient, and necessary that the
City of Maplewood construct sanitary sewer, service connections, street
construction, drainage facilities and necessary appurtenances on South-
lawn Drive from Vale Avenue to Beam Avenue (Improvement Project 79-15)
as described in the notice of hearing thereon, and orders the same to
be made.
2. The City Engineer is hereby directed to prepare final plans and
specifications for the making of said improvement.
3. This improvement is hereby designated to be Maplewood Project No. 79-15.
i Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
Nays - Mayor Greavu.
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2. Brookview Drive Storm Sewer, Project No. 78-20 (continued from July 3, 1980
meeting)
a. Mayor Greavu convened the meeting for a public hearing regarding the con-
struction of storm sewer and street reconstruction in the area generally bounded
~ by Century Avenue on the east, Battle Creek on the south, Ferndale Street on the
west, and I-94 on the north. The Clerk noted the dates of publication and stated
~ the hearing notice was in order.
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b. Manager Evans presented the staff report.
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c. Assistant City Engineer Ken Haider presented the specifics of the proposed
improvement.
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following voiced their opinions:
Mr. Ralph Andreas, 2607 Brookview Drive
1 Mr. Harold Hervig, 2647 Brookview Drive
Mr. Hervig presented a petition signed by the area residents opposing the
improvement
Mr. Warren Wallgren, 2646 Brookview Drive
Ms. Sue Linehan, 198 Ferndale
Mr. James Groe, 204 Ferndale
~ Mr. Frank Yorga, 2700 Brookview Drive.
e. Mayor Greavu closed the public hearing.
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;1 f. Councilperson Juker moved to table decision on the Brookview Drive Storm
Sewer improvement for further investigation by staff and a report be submitted
to Council within one month.
Seconded by Councilman Anderson. Ayes - all.
G. AWARD OF BIDS
See Pages 1 through 10.
H. UNFINISHED BUSINESS
~ 1. Rezoning: White Bear Avenue - Johnson
a. Manager Evans stated Council had taken action to reconsider the Johnson
rezoning proposal.
b. The following persons spoke regarding the rezoning:
Mr. George King, 2720 Chisholm Avenue
r Mr. Al Doeltz, 2734 Chisholm Avenue
Mr. Ron Schalley, 2730 Chisholm Avenue
(All three approved of townhouses)
c. Councilman Anderson introduced the following resolution and moved its adoption:
i
i 80 - 7 - 160
WHEREAS, a petition was filed with the Council of the City of Maplewood by
'i the owner of the following described property, and a hearing was set as provided
~ under Section 915.020 of the Municipal Code of the City of Maplewood:
' Subject to White Bear Avenue and except the N 125.6 ft of
W 125 ft; the S 280 ft of part of NE 1/4 of SW 1/4 E of
center line of said Ave in Section 2, Township 29, Range 22
which has been proposed for rezoning from R-1 to R-3c; and
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The property legally described as:
i ~ Subj to White Bear Avenue the N 125.6 ft of W 125 ft of
S 280 ft of part of NE 1/4 of SW 1/4 E of CL of sd Ave
in Section 2, Township 29, Range 22
which has been proposed for rezoning from R-1 to R-2;
'i WHEREAS, a public hearing was held on July 17, 1980 at 7:30 P,M, in the
Cit Hall notice thereof havin been dul
y g y published in the official City
newspaper, and notice of said hearing having been mailed to all property
1, owners of record within 350 feet of the area proposed for rezoning; and
1
WHEREAS, all objections and recommendtions relative thereto were heard
~i by the City Council; and
WHEREAS, it appears for the best interest of the public that said petition
be granted;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, that the
~ ~ petition for the above described rezoning be granted.
Seconded by Councilman Nelson., Ayes - all,
I. VISITOR PRESENTATIONS
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{ None,
!J. NEW BUSINESS
~ 1. Recommendation on Wage Change for Certain Position
a. Manager Evans presented the staff report.
b. Councilman Anderson moved to approve the wage changes effective August 1,
1980 for the following personnel in the-City Clerk`s office, based on added
responsibilities:
Clerk Typist I - $45.00 per month;
Receptionist-Billing Clerk - $60.00 per month.
Seconded by Councilman Nelson. Ayes - all.
2. Special Exception: Atlantic Street and Cope Avenue - Racquetball Club
~ a. Manager Evans presented the staff report.
b. Commissioner Prew presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the City Council
approval of a special exception for the racquetball club to be within 200 feet
of a residence district. Approval is based on the finding that a racquetball
club is the least offensive use that could be allowed in this M-1 district.
~ Approval is subject to approval of site and building design plans by the
- Community Design Review Board to assure compliance with setback, parking and
screening requirements. Additionally, upon completion of the frontage road
_j access to the site will be required to be from the .frontage road and any access
to Cope will be closed.
~ - 15 - 7/17
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Commissioner Fischer seconded. Ayes - all."
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c. Mr. Dan O'Leary, representing the applicants, spoke on behalf of the proposa}
d. Mr. Henry Schroeder, 1260 E. Cope Avenue, asked Council to consider the
residents concern regarding this proposal. (He had previously forwarded a
letter to Council.)
e. Councilman Anderson moved to approve the request of Angelo Carbone for a
special exception to permit a racquetball club in an M-1 Zone within 200 feet of
a single family residential district subject to the recommendations and conditions
of the Planning Commission.
Seconded by Councilman Nelson. Ayes - Mayor Greavu, Councilmen
Anderson, Bastian and Nelson.
Nays - Coundilperson Juker.
~ 3,. Future City Hall Site - Cope Avenue
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j a. Manager Evans presented the staff report.
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b. Councilman Anderson moved to delete the proposal for a City Hall at this
1 site from the study.
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~ Councilman Anderson withdrew his motion.
c. Councilman Bastian moved to refer this matter back to the aPPropriate
commissions for discussion at the joint meeting with the Council, Planning
Commission and Park and Recreation Commission to resolve the issue of whether
the City should have a Civic Center Site on the 3.7 acre property at Cope
Avenue and Kennard Street.
J
Seconded by Councilman Anderson. Ayes - all.
4. Alarm Ordinance Revision - First Reading
a. Manager Evans presented the staff report.
i
J b. Councilman Nelson moved first reading of an ordinance amending Chapter 1216
Section 1216.020 sub section b• Section 1212.030 Sub section d-2 and Section
1216.060 Subsection d.
Seconded by Councilman Bastian. Ayes - all.
5. American Public Works Association - Director of Public Works
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a. Councilman Anderson moved to approve the travel and training application
ii of Director of Public Works to attend the annual Public Works Congress and
Equipment Show in Kansas City on September 13 through 18, 1980.
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~ Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
Nays - Mayor Greavu.
K. COUNCIL PRESENTATIONS
1. Lakeshore Ordinance
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a. Mayor Greavu stated he met with the Mayor of Little Canada regarding the
proposal to create a lakeshore ordinance. He will be working on the matter.
~ ~ 4. Sick Leave Policy
J - a. Mayor Greavu stated he is preparing a sick leave policy for employees.
Councilperson Juker moved to extend the meeting past the 11:30 P M deadline.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilperson Juker, Councilmen
Anderson and Nelson.
Nays - Councilman Bastian.
~ 2. Moratorium on Hiring
a. Mayor Greavu moved to place a moratorium on hiring for the Citv
Seconded by Councilperson Juker. Ayes - Mayor Greavu, Councilman Bastian.
Nays - Councilperson Juker, Councilmen
Anderson and Nelson.
3. Response to Letter
~ a. Mayor Greavu commented on the Manager's response to the letter wirtten by
' the Union regarding recent hiring of an employee.
M. ADJOURNMENT
Fi
11:54 P.M.
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_ ~r
C-c®-t:°~e0 ~ ~ G'L°Ge~~fe~e-x--~r
Ci y Clerk
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(j - 17 - 7/17