HomeMy WebLinkAbout11-22-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,November 22, 2010
Council Chambers, City Hall
Meeting No.24-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:03p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
Marvin Koppen, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following item was added to the agenda by the council.
N1.Holiday –CouncilmemberJuenemann.
CouncilmemberLlanasmoved to approve the agenda as amended.
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of November 1, 2010, City Council Workshop Minutes
Councilmember Juenemannmoved to approve the November 1, 2010, City Council Workshop
Minutes as submitted.
Seconded by Councilmember Nephew.Ayes –All
The motion passed.
2.Approval of November 8, 2010, City Council Workshop Minutes
Councilmember Juenemannmoved to approve the November 8, 2010, City Council Workshop
Minutesas submitted.
Seconded by Councilmember Koppen.Ayes –All
The motion passed.
3.Approval of November 8, 2010, City Council Meeting Minutes
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Councilmember Nephewmoved to approve the November 8, 2010, City Council Meeting Minutes
as submitted.
Seconded by Councilmember Koppen.Ayes –All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Certificates of Appreciation for Girl Scouts –Mayor Rossbach
Girl Scouts, Laura Chandler and Sarah Mittelstadt,introduced themselves and gave a
presentation to the council regarding the projects they worked on at the Maplewood Nature
Center.
Councilmember Nephew moved to approve the resolution certificates of appreciation for the girl
scouts.
Whereas Maplewood wishes to encourage and recognize civic participation by young
adults and
Whereas Laura Chandler and Sarah Mittelstadt are Girl Scouts who fulfilled the
requirements of the Girl Scout Gold Award, the highest and most prestigious award Girl Scouts
can receive and
Whereas Laura and Sarah attended workshops and researched ideas and materials for
building a natural playground at the Maplewood Nature Center and
Whereas Laura and Sarah devoted over 80 hours each to complete the construction of a
natural playground at the Nature Center and
Whereas the playground incorporates natural building products and encourages the use
of senses to explore nature and have fun
Now therefore I Mayor,Will Rossbach,as authorized by the Maplewood City Council,do extend
the city’s appreciation and gratitude for your creativity, citizenship, and hard work to improve our
community and provide for years of recreation for children at the Maplewood Nature Center.
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
G.CONSENT AGENDA
1.Councilmember Juenemannmoved to approve items1-13.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
1. Approval of Claims
Councilmember Juenemannmoved Approval of Claims.
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ACCOUNTS PAYABLE:
$77,272.23Checks #82675thru #82736
Dated 11/2/10 thru 11/9/10
$ 336,942.76Disbursements via debits to checking account
Dated 11/01/10 thru 11/05/10
$102,292.08Checks #82737thru #82959
Dated 11/08/10 thru 11/16/10
$ 150,542.27Disbursements via debits to checking account
Dated 11/08/10 thru 11/12/10
__________________
$ 667,049.34Total Accounts Payable
PAYROLL
$499,061.33Payroll Checks and Direct Deposits dated 11/12/10
$ 2,392.75Payroll Deduction check #1009658thru #1009640
dated 11/12/10
___________________
$501,454.08Total Payroll
GRAND TOTAL
$ 1,168,503.42
Seconded by Councilmember Koppen.Ayes –All
The motion passed.
2.Request Approval of 2011 Youth Service Bureau Agreement
Councilmember Juenemannmoved toapprove the 2011 service agreement with the youth
service bureau.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
3.Approval of 2010 Payment to Firefighters Pension Fund
CouncilmemberJuenemannmoved toapprove the city’s annual payment to the firefighters’
pension fund in the amount of $261,979.00
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
4.Resolution approving Certification of Special Assessments for Unpaid Ambulance Bills
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CouncilmemberJuenemannmoved toapprove the resolution certifying $18,925.81 of unpaid
ambulance bills for collection with 2011 property taxes which includes interest at the rate of ten
percent on the total amount for one year.
RESOLUTION 10-11-487
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor
of Ramsey County the following ambulance bills totaling $17,704.99for collection with the taxes
of said property owner for the year 2010, collectible in 2011, which includes interest at the rate of
ten percent (10%) on the total amountfor one year.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
5.Resolution approving Certification of Special Assessments for Unpaid Miscellaneous
Charges
Councilmember Juenemannmoved toapprove the resolution adopting $19,001.13 ofunpaid
miscellaneous charges for collection with 2011 property taxes which includes interest at the rate
of ten percent on the total amount for one year.
RESOLUTION 10-11-488
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor
of Ramsey County the following miscellaneous charges totaling $19,001.13 for collection with the
taxes of said property owner for the year 2010, collectible in 2011, which includes interest at the
rate of ten percent (10%) on the total amountfor one year.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
6.Approval of Livable Communities Act (LCA) –Housing Action Plan
Councilmember Juenemannmoved toapprove the housing action plan in order to satisfy the
requirement of the Metropolitan Livable communities Act Local Housing Incentives Account
Program.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
7.Approval of Conditional Use Permit Termination, T-Mobile Monopole, 2220 Edgerton Street
North
Councilmember Juenemannmoved toapprove the resolution terminating the conditional use
permit for a 75-foot tall telecommunications monopole since substantial progress has not been
made within the required timeframe meaning the permit is null and void.
CONDITIONAL USE PERMIT
TERMINATION RESOLUTION 10-11-489
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WHEREAS, Mr. Paul Harrington, representing T-Mobile,received approval from the Maplewood
City Council on November 24, 2008, for a conditional use permit allowing for a 75-foot tall
telecommunications monopole at 2220 Edgerton Street North.
WHEREAS, Mr. Harringtonsubsequently notified the City of Maplewood staff on November 12,
2010,that T-Mobile has halted all pending projects due to financial constraints and will not be able
to make substantial progress within the required timeframe making the conditional use permit null
and void.
WHEREAS, this permit applies to the property at 2220 Edgerton Street North. The legal
description is:
EX S 604 13/100 FT THE W 429 FT OF SW 1/4 OF SE 1/4 (SUBJ TO HWYAND ST)
IN SEC 8 TN 29 RN 22
WHEREAS, the history of this conditional use permit termination is as follows:
1.On November 22, 2010 the city council terminated this conditional use permit since the
applicant, T-Mobile, has not started construction on a proposed telecommunications monopole
located at 2220 Edgerton Street North.
NOW, THEREFORE, BE IT RESOLVED that the city council terminates the above-described
conditional use permit because T-Mobile will not make substantial progress in starting construction
on a telecommunications monopole within the required .
The Maplewood City Council passed this resolution of termination on November 22, 2010.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
8.Approval of authorization to Complete Audio/Video Updates in Council Chambers
Councilmember Juenemannmoved toapprove the proposed audio and video updates in the
council chambers.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
9.Approval of Traffic Signal Maintenance Agreements with Ramsey County, City of
Woodbury and Washington County, Century Avenue Improvements, City Project 03-15
Councilmember Juenemannmoved toapprove the traffic signal maintenance agreements for the
traffic control signals located at the intersections of Century Avenue at Upper Afton Road and
Century Avenue at Lower Afton Road, and direct the mayor and city manager to sign the
agreements signifying city council approval. Minor revisions as approved by the City Attorney are
authorized as needed for the agreements.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
10.Approval of Special Assessment Settlement Agreement for 3065 White Bear
Avenue/County Road D Improvements, City Project 08-13
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CouncilmemberJuenemannmoved toapprove the settlement agreement for 3065 White Bear
Avenue and authorize the Assistant City Manager and city Attorney to sign the agreement.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
11.Approval of Resolution Directing Modification of Existing Construction Contract,
Supplemental Agreement No. 3, White Bear Avenue/County Road D Improvements, Project
08-13
Councilmember Juenemann moved toapprove the resolution directing modification of existing
construction contract supplemental agreement No. 3 for city project 08-13.
RESOLUTION 10-11-490
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 08-13, SUPPLEMENTAL AGREEMENT NO. 3
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
improvements to Project 08-13, White Bear Ave / County Rd D Improvements, and has concurred
with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as CityProject 08-13 including Supplement Agreement No. 3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The Mayor and City Engineer are hereby authorized and directed to modify the existing
contract by executing said Supplemental Agreement No. 3 which is an increase of $595.20.
nd
Adopted by the Maplewood City Council on this 22day of November 2010.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
12.Approval of Agreement Between the Maplewood Community Center and Ashland
Performing Arts
Councilmember Juenemannmoved toapprove the contract with Ashland to make them the
resident theatre group of the Maplewood Community Center for a five year duration beginning
January 1, 2011 and running through December31, 2015.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
13.Resolution Approving Certification of Special Assessment for Unpaid SAC Fees for 27
Century Avenue
Councilmember Juenemannmoved toapprove the resolution approving certification of special
assessment for unpaid SAV fees for 27 Century Avenue North.
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RESOLUTION 10-11-491
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor
of Ramsey County SAC charges in the amount of $13,750.00 for collection with the taxes for the
property located at 27 Century Avenue North (PIN 01-28-22-14-0105), per the signed agreement
between the City and the property owner. The assessment is to be paid over a fifteen (15) year
period at an interest rate of 6%.
nd
Adopted by the council on this 22day of November 2010.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
H.PUBLIC HEARING
1.Markham Pond Retaining Wall, Project 05-18
a.Assessment Hearing, 7:00 p.m.
b.Resolution Adopting Assessment Roll
1.City Engineer, Deputy Public Works Director, Michael Thompson gave the
report and answered questions of the council.
Mayor Rossbach opened the public hearing.
No onecame forward to address the council.
Mayor Rossbach closed the public hearing.
Councilmember Nephewmoved toapprove the resolution for the adoption of the assessment roll
for the Markhampond retaining wall, city project 05-18.
RESOLUTION 10-11-492
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on November 8, 2010,
calling for a Public Hearing, the assessment roll for the Markham Pond Retaining Wall, City
Project 05-18, was presented in a Public Hearing format, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1.The assessment roll for the Markham Pond Retaining Wall, a copy of which is attached hereto
and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special
assessment against the lands named therein, and each tract of land therein included is
hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2.Such assessments shall be payable in equal annual installments extending over a period of 8
years, the first installments to be payable on or before the first Monday in January 2011 and
shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2011. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
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3.The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than December 22, 2010, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city
clerk, except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this resolution; and they may, at any time after December 22, 2010, pay
to the county auditor the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the next
succeeding year.
4.The city engineer and city clerk shall forthwith after December 22, 2010, transmit a certified
duplicate of this assessment to the county auditor to be extended on the property tax lists of
the county. Such assessments shall be collected and paid over the same manner as other
municipal taxes.
nd
Adopted by the council on this 22day of November 2010.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
2.Tax Exempt Revenue Bond Financing –Hill Murray Foundation for Hill-Murray High
School
a.Senior Planner, Tom Ekstrand gave the report and answered questions of the
council.
b.Mary Ippel,Counsel at Briggs and Morgan,addressed and answered questions of
the council.
c.JacquieLaMonica, CFO,Hill Murray High School, addressed the council.
Mayor Rossbach opened the public hearing.
No one came forward to address the council.
Mayor Rossbach closed the public hearing.
Councilmember Llanasmoved toapprove the resolution approving $6,000,000.00 in tax-exempt
financing for Hill-Murray High School at 2625 Larpenteur Avenue.
Extract of Minutes of a Meeting of the
City Council of theCity of Maplewood, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood,
Minnesota was duly held in the City on Monday, November 22, 2010, at 7:00 o'clock P.M.
The following members were present:All
and the following were absent:None
During said meeting Councilmember Llanas introduced the following resolution and moved its
adoption:
RESOLUTION 10-11-493
RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE
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EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE, SERIES 2010 AND
AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO
(HILL-MURRAY SCHOOL PROJECT)
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Koppen,
and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof:
All
and the following voted against the same:None
whereupon said resolution was declared duly passed and adopted.
RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE
EDUCATIONAL FACILITIES REVENUE REFUNDING NOTE, SERIES 2010
AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO
(HILL-MURRAY SCHOOL PROJECT)
WHEREAS,
(a)Minnesota Statutes, Chapter 469.152 to 469.1651 (the "Act") as found and
determined by the legislature is to promote the welfare of the state by the active attraction and
encouragement and development of economically sound industry and commerce to prevent so far as
possible the emergence of blighted and marginal lands and areas of chronic unemployment;
(b)Factors necessitating theactive promotion and development of economically
sound industry and commerce are the increasing concentration of population in the metropolitan areas
and the rapidly rising increase in the amount and cost of governmental services required to meet the
needs of the increased population and the need for development of land use which will provide an
adequate tax base to finance these increased costs and access to education and employment
opportunities for such population;
(c)The City of Maplewood, Minnesota (the "City") proposes to refinance the
outstanding principal balance of its $3,300,000 Educational Facilities Revenue Note, Series 2005 (Hill-
Murray School Project) issued by the Housing and Redevelopment Authority of the City of Maplewood,
Minnesota (the "Authority") and certain additional conventional loans procured by Hill-Murray School (the
"School") (collectively, the "Prior Obligations") used to finance (i) the acquisition of approximately 40
acres of land which is the current footprint of the School, along with an additional 4 acres of land located
at 2625 Larpenteur Avenue East in the City, (ii)construction and equipping of an athletic facility, and (iii)
construction and equipping of an auditorium (collectively, the "Project") for Hill-Murray Foundation, a
Minnesota nonprofit corporation (the "Borrower").
(d)The Borrower desires to refund the Prior Obligations through the City's issuance of
the Educational Facilities Revenue Refunding Note, Series 2010 (the "Note") in a principal amount not to
exceed $6,000,000.
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "City"),
as follows:
SECTION 1.LEGAL AUTHORIZATION AND FINDINGS
.
1.1Findings. The City hereby finds, determines and declares as follows:
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(a)The City is a political subdivision of the Stateof Minnesota and is authorized under
the Act to assist the revenue producing project herein referred to, and to issue and sell the Note,
as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth
in the Act and in this Resolution.
(b)The issuance and sale of the Note by the City, pursuant to the Act, is in the best
interest of the City, and the City hereby determines to issue the Note and to sell the Note to
Premier Bank (the "Lender"), as provided herein. The City will loan the proceeds of the Note (the
"Loan") to the Borrower in order to refinance the Prior Obligations.
(c)Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between
the City and the Borrower, the Borrower has agreed to repay the Note inspecified amounts and
at specified times sufficient to pay in full when due the principal of, premium, if any, and interest
on the Note. In addition, the Loan Agreement contains provisions relating to the Project,
indemnification, insurance, and other agreements and covenants which are required or permitted
by the Act and which the City and the Borrower deem necessary or desirable for the refinancing
of the Prior Obligations. A draft of the Loan Agreement has been submitted to the City Council.
(d)Pursuant to a Pledge Agreement to be entered into between the City and the
Lender, the City has pledged and granted a security interest in all of its rights, title, and interest in
the Loan Agreement to the Lender (except for certain rights of indemnification and to
reimbursement for certain costs and expenses). A draft of the Pledge Agreement has been
submitted to the City Council.
(e)The Note will be a special limited obligation of the City. The Note shall not be
payable from or charged upon any funds other than the revenues pledged to the payment thereof,
nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the
right to compel any exercise of the taxing power of the City to pay the Note or the interest
thereon, nor to enforce payment thereof against any property of the City. The Note shall not
constitute a debt of the City within the meaning of any constitutional or statutory limitation.
(f)It is desirable, feasible and consistent with the objects and purposes of the Act to
issue the Note, for the purpose of refinancing the Prior Obligations.
SECTION 2.THE NOTE.
2.1Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall
be in substantially the form submitted to the City with such appropriate variations, omissions and
insertions as are permitted or required by this Resolution, and in accordance with the further provisions
hereof; and the total aggregate principal amount of the Note that may be outstanding hereunder is
expressly limited to $6,000,000, unless a duplicate Note is issued pursuant to Section 2.7. The Note
shall bear interest at a rate not to exceed 6% per annum.
2.2The Note. The Note shall be dated as of the date of delivery to the Lender, shall be
payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other
terms and conditions as are set forth therein.
2.3Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor
and Manager and shall be sealed with the seal of the City; provided that the seal may be intentionally
omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to
be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient
for all purposes, the same as if had remained in office until delivery. In the event of the absence or
disability of the Mayor or the Manager such officers of the City as, in the opinion of the City Attorney, may
act in their behalf, shall without further actor authorization of the City Council execute and deliver the
Note.
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2.4Delivery of Initial Note
. Before delivery of the Note there shall be filed with the Lender
(except to the extent waived by the Lender) the following items:
(1)an executed copy of each of thefollowing documents:
(a)the Loan Agreement;
(b)the Pledge Agreement;
(2)an opinion of Counsel for the Borrower as prescribed by the Lender and Bond
Counsel;
(3)the opinion of Bond Counsel as to the validity and tax exempt status of the Note;
(4)a 501(c)(3) determinationletter from the Internal Revenue Service evidencing that
the Borrower is exempt from income taxation under Section 501(c)(3) of the Code;
(5)such other documents and opinions as Bond Counsel may reasonably require for
purposes of rendering its opinion required in subsection (3) above or that the Lender may
reasonably require for the closing.
2.5Disposition of Note Proceeds. Upon delivery of the Note to the Lender, the Lender shall,
on behalf of the City, advance the proceeds of the Note to the City to prepay the Prior Obligations on the
date the Note is issued (the "Refunding").
2.6Registration of Transfer. The City will cause to be kept at the office of the City Manager a
Note Register in which, subject to such reasonable regulations as it may prescribe, the Cityshall provide
for the registration of transfers of ownership of the Note. The Note shall be initially registered in the
name of the Lender and shall be transferable upon the Note Register by the Lender in person or by its
agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer
satisfactory to the City Manager, duly executed by the Lender or its duly authorized agent. The following
form of assignment shall be sufficient for said purpose.
For value received ___________ hereby sells, assigns and transfers unto ________________ the
within Note of the City of Maplewood, Minnesota, and does hereby irrevocably constitute and appoint
___________________ attorney to transfer such Note on the books of said City with full power of
substitution in the premises. The undersigned certifies that the transfer is made in accordance with
the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note.
Dated:
Registered Owner
Upon such transfer the City Manager shall note the date of registration and the name and address of the
new Lender in the Note Register and in the registration blank appearing on the Note.
2.7Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become
mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and
delivered, a new Note of like outstanding principal amount, number and tenor in exchange and
substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such
Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in
connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence
satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has
already matured or been called for redemption in accordance with its terms it shall not be necessary to
issue a new Note prior to payment.
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2.8Ownership of Note
. The City may deem and treat the person in whose name the Note is
last registered in the Note Register and by notation on the Note whether or not such Note shall be
overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of
the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City
shall not be affected by any notice to the contrary.
2.9Limitation on Note Transfers. The Note has been issued without registration under state
or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not
be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant
to any participation agreement, except (i) in amounts not less than $100,000, (ii) to not more than 35
persons each of whom have knowledge and experience in financial business matters and that are
capable of evaluating the merits and rules of the investment in the Note and are not purchasing for more
than one account or with a view to distributing the Note or their interest therein. Any such sale,
assignment or participation shall also be (i) in full good faith compliance with all securities registration,
broker, anti-fraud and other provisions of the applicable state and federal laws, (ii) with full and accurate
disclosure of all material facts to the prospective purchaser(s) or transferee(s), and (iii) under effective
federal and state registration statements (which neither the City nor the Borrower shall in any way be
obligated to provide) or under exemptions from such registrations.
2.10Issuance of New Notes
. Subject to the provisions of Section 2.9, the City shall, at the
request and expense of the Lender, issue new notes, in aggregate outstanding principal amount equal to
that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of
the monthly installments payable thereunder, and registered in the name of the Lender or such
transferee as may be designated by the Lender.
SECTION 3.MISCELLANEOUS
.
3.1Severability. If any provision of this Resolution shall be held or deemed to be or shall, in
fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions
or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute
or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering
the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering
any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent
whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining portions of this Resolution or any part thereof.
3.2Authentication of Transcript
. The officers of the City are directed to furnish to Bond
Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or
certificates as to all other matters which are reasonably necessary to evidence the validity of the Note.
All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute
recitals of the City as to the correctness of all statements contained therein.
3.3Authorization to Execute Agreements. The forms of the proposed Loan Agreement and
the Pledge Agreement are hereby approved in substantially the form heretofore presented to the City
Council, together with 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 and the City Attorney prior to the execution of the documents, and the
Mayor and Manager of the City are authorized to execute the Loan Agreement and the Pledge
Agreement in the name of and on behalf of the City and such other documents as Bond Counsel
consider appropriate in connection with the issuance of the Note. In the event of the absence or
disability of the Mayor or the Manager such officers of the City as, in the opinion of the City Attorney, may
act in their behalf, shall without further act or authorization of the CityCouncil do all things and execute
all instruments and documents required to be done or executed by such absent or disabled officers. 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 hereof.
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3.4Headings; Terms. Paragraph headings in this resolution are for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provisions hereof.
Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to,
the Note documents.
Adopted by the City council of the City of Maplewood, Minnesota, this 2nd day of November, 2010.
_____________________________
Mayor
ATTEST:
______________________________________
City Manager
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Manager of the City of Maplewood, DO
HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the
original thereof on file in my office, and that the same is a full, true and complete transcript of the
minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as
such minutes relate to a resolution authorizing the issuance of a revenue refunding note.
WITNESS my hand this 22ndday of November, 2010.
_____________________________________
Manager
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
3.Commercial Use Antennas and Towers Ordinance Amendment –(First Reading)
a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council.
Mayor Rossbach opened the public hearing.
No one came forward to addressthe council.
Mayor Rossbach closed the public hearing.
Councilmember Nephewmoved toapprove the (first reading) for the Commercial Use Antennas
and Towers Ordinance as recommended by the planning commission.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
I.UNFINISHED BUSINESS
November 22, 2010 13
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1.Resolution for Adoption of 2011 Recreation Fees
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
b.Park & Recreation Director, DuWayne Konewko addressed the council.
Councilmember Koppenmoved toapprove the resolution adopting the 2011 Recreation fees.
RESOLUTION 10-11-494
ADOPTION OF THE 2011 RECREATION FEES
WHEREAS, the City of Maplewood has established Recreation Fees, and
WHEREAS, city staff has reviewed the Recreation Fees, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated Recreation Fees with a 5% increase shall become effective beginning January
1,2011;
2.The Recreation Fees will be reviewed by staff on an annual basis with recommendations for
revision broughtto the city council for consideration.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
2.Resolution for Adoption of St. Paul Water Surcharge Rate for 2011
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
CouncilmemberKoppenmoved toapprove the resolution authorizing the St. Paul Water
Surcharge Rate for 2011.
RESOLUTION 10-11-495
ADOPTION OF THE 2011 ST. PAUL WATER SURCHARGE RATES
WHEREAS, the City of Maplewood has established water surcharge rates for the St. Paul
Water Service District, and
WHEREAS, city staff has reviewed the water surcharge rates for the St. Paul Water
District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated water surcharge rates for the St. Paul Water District shall become
effective beginning January 1, 2011, with fees set as follows:
4% of the St. Paul water charge.
2.The updated water surcharge rates for the St. Paul Water District are approved
for all related water services received on or after January 1, 2011.
3.The rates shown will be reviewed by staff on an annual basis with
recommendations for revisions brought to the city council for consideration.
November 22, 2010 14
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Seconded by Mayor Rossbach.Ayes –All
The motion passed.
3.Resolution for Adoption of Ambulance Rates for 2011
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
CouncilmemberNephewmoved toapprove the resolution setting ambulance rates for 2011.
RESOLUTION 10-11-496
ADOPTION OF THE 2011 AMBULANCE RATES
WHEREAS, the City of Maplewood has established ambulance rates, and
WHEREAS, city staff has reviewed the ambulance rates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated ambulance rates with a 10% increase shall become effective beginning
January 1, 2011, with rates set as follows:
Non-transport$ 583.00
Basic life support1,540.00
Advanced life support 12,024.00
Advanced life support 22,233.00
Charge per mile 19.98
2.The updated ambulance rates are approved for all related ambulance runs received
on or after January 1, 2011.
3.The rates shown will be reviewed by staff on an annual basis with recommendations
for revisions brought to the city council for consideration.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
4.Resolution for Adoption of 2011 Recycling Fees
a.Park & Recreation Director, DuWayne Konewko gave the report and answered questions
of the council.
Councilmember Nephewmovedtoapprove the resolution for adoption of the 2011 recycling fees.
RESOLUTION 10-11-497
ADOPTION OF THE 2011 RECYCLING FEES
WHEREAS, the City of Maplewood has established Recycling Fees, and
WHEREAS, city staff has reviewed the Recycling Fees, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated Recycling Fees with a 5% increase shall become effective
November 22, 2010 15
City Council MeetingMinutes
beginning January 1,2011, with monthly fees set at $2.22 and quarterly fees
set at $6.66.
2.The Recycling Fees will be reviewed by staff on an annual basis with
recommendations for revision brought to the city council for consideration.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
5.Resolution for Adoption of Environmental Utility Fund Rates for 2011
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the reportand answered
questions of the council.
1.Diana Longrie, Maplewoodspokeregarding the Environmental Utility Fund rates for 2011.
Councilmember Juenemannmoved toapprovethe resolution adopting a 10% increase in rates
for the environmental utility fundfor 2011.
RESOLUTION 10-11-498
ADOPTION OF THE 2011 ENVIRONMENTAL UTILITY FUND RATES
WHEREAS, the City of Maplewood has established Environmental Utility Fundrates, and
WHEREAS, city staff has reviewed the Environmental Utility Fund rates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated Environmental Utility Fund rates with a 10% increase shall become
effective beginning January 1, 2011, with quarterly rates set at $17.13 ($5.71 per
month).
2.The updated Environmental Utility Fund rates are approved for all related charges
received on or after January 1, 2011.
3.The rates shown will be reviewed by staff on an annual basis with recommendations
for revisions brought to the city council for consideration.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
6.Resolution for Adoption of Sanitary Sewer Rates for 2011
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered
questions of the council.
Councilmember Koppenmoved toapprove the resolution for the adoption of sanitary sewer rates
for 2011.
RESOLUTION 10-11-499
ADOPTION OF THE 2011 SANITARY SEWER RATES
WHEREAS, the City of Maplewood has established sanitary sewer rates, and
WHEREAS, city staff has reviewed the sanitary sewer rates.
November 22, 2010 16
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1.The updated sanitary sewer rates with a 7% increase shall become effective
beginning January 1, 2011, with fees set as follows:
St. Paul Billing District:
Rate per 100 cubic feet$2.74
Minimum Charge (per quarter) $15.40
North St. Paul, Roseville, Little Canada and
Woodbury Billing Districts:
Rate per 1,000 gals.$3.66
Minimum Charge (per quarter)$15.40
2.The updated sanitary sewer rates are approved for all related sanitary sewer services
received on or after January 1, 2011.
3.The rates shown will be reviewed by staff on an annual basis with recommendations
for revisions brought to the city council for consideration.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
7.Consider Contract Revisions for Installation of Solar Panel Array at Maplewood
Community Center
a.City Attorney, Alan Kantrud gave the report and answered questions of the council.
table
Councilmember Juenemannmoved tothe contract revisions for the Solar Panel Array at
the Maplewood Community Center until December 13, 2010,so that the City Attorney can get
further information resolved.
Seconded by CouncilmemberKoppen.Ayes –All
table
The motion to passed.
J.NEW BUSINESS
1.Call for Special Work Session November 29, 2010, for the Purpose of Conducting
Commissioner Interviewsat 5:15 p.m.
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
Mayor Rossbachmoved toapprove calling for a special work session Monday, November 29,
2010, at 5:15 p.m.This work session will be for the purpose of continuing interviews of
candidates from the November 22 meeting to fill 7 positions on the Police Civil Services
Commission, Business and Economic Development Commission and Planning Commission.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
November 22, 2010 17
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2.Consider Approval of Settlement Agreement for Condemnation of Property with Azure
Propertiesat County Road D/Hazelwood –City Project 02-07
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered
questions of the council.
CouncilmemberKoppenmoved toproceed with the settlement agreement for condemnation of
property with Azure Properties regarding the property at County Road D/Hazelwood for City
Project 02-07.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
K.VISITOR PRESENTATIONS
1.Dave Schelling, Maplewood.Mr. Schelling discussed organized trash hauling at length and
asked the council why they are pursuing the idea. He suggested they just leave it as it is.
2.Diana Longrie, Maplewood.Ms. Longrie inquired about repairs being made to a lift station
located near her home and wanted to know if she should be concernedabout it not working
properly. Deputy Public Works Director, Michael Thompson stated they are changing out the
pumpsin the station.Ms. Longrie also stated that her driveway is down the hill from thelift
stationand that it is her private drive and requested that the city workersuse the service road
not her driveway. Ms. Longrie stated she wasn’t surprised about news that the city will be
closing fire stations.
3.Robert Martin, Maplewood.Mr. Martin spoke on behalf of the State Council of Black
Minnesotans in St. Paulregarding the council workshop implementing the Human Rights
Commission. Hepresented the letter from the State Council of Black Minnesotans to the
councilwhich Mayor Rossbach read it aloud.
4.Bob Zick, North St. Paul.Mr. Zick stated he felt the city council minutes should accurately
reflect what was saidduring visitor presentations.He also spoke about the differences
between the Eureka Recycling contract verses the Tennis Recycling contract.
5.Tim Kinley, Maplewood.Mr. Kinley spoke about organized trash hauling,recycling and
government regulations. He stated the citycan’t force people to use recycling if they aren’t
going torecycle and or pay for recycling through a certain companychosen by the city. He
also gave an opinion of the Domestic Partnership Ordinance and charging for the registration
to be recognized as domestic partners.
6.Constance Beutel, California.Ms. Beutel is a former Maplewood resident;She wanted to give
thanks to Maplewood PoliceOfficer Fong for some assistance he offered her with a vehicle.
She thanked the city for the new walkway along Stillwater Avenue that improved safety and
enhancedthe neighborhood. She urged the City of Maplewood to lower green house gas
emissions and wants communities to work together on this problem.
L.AWARD OF BIDS
None.
M.ADMINISTRATIVE PRESENTATIONS
November 22, 2010 18
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1.Report on Progress on City Council Goals
A.City Manager, James Antonen gave areport and answered questions of the council.
B.Assistant City Manager, Public Works Director, Chuck Ahl gave several reports,
addressed and answered questions of the council.
C.Park & Recreation Director, DuWayne Konewko gave a report andaddressed the council.
D.Environmental Planner, Shann Finwall gave a report and addressed the council.
E.City Engineer, Deputy Public Works Director, Michael Thompson gave a report and
addressed the council.
a.Restore Reputation of Maplewood
b.Good Government
c.Parks and Recreation Department
d.Environmental Planning/Sustainability
e.Fiscal Responsibility
f.Infrastructure
g.Redevelopment Plan
N.COUNCIL PRESENTATIONS
1.Holiday –
Councilmember Juenemannwished everyone a nice Thanksgiving holiday.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 9:52p.m.
November 22, 2010 19
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