HomeMy WebLinkAbout06-09-2008A.
A
A
FBI
E
MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, June 9, 2008
Council Chambers, City Hall
Meeting No. 16-08
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:30 p.m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
The following items were added to the agenda by staff and the council.
G3. Date to Meet with Auditors regarding 2007 Audit (Acting City Manager, Chuck Ahl)
H1. City Hiring (Councilmember, Eric Hjelle)
H2. Update on Fire Pit Contest (Councilmember, Eric Hjelle)
H3. Taste of Maplewood (Mayor Longrie)
H4. Condolences regarding Betty Copeland (Mayor Longrie)
H5. N.E.S.T. Meeting (Mayor Longrie)
H6. Beaver Plat Update (Mayor Longrie)
Mayor Longrie moved to approve the agenda as amended.
Seconded by Councilmember Rossbach. Ayes — All
APPROVAL OF MINUTES
Mayor Longrie moved to approve the May 5, 2008, 7:00 Special Meeting Minutes as submitted.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
Councilmember Hjelle moved to approve the May 5, 2008, Continuation from April 28, 2008,
City Council Meeting Minutes as submitted.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
June 9, 2008
City Council Meeting Minutes
Councilmember Nephew moved to approve the May 12, 2008, 4:30 p.m. Closed Session
Meeting Minutes as submitted.
Seconded by Councilmember Hjelle. Ayes – All
The motion passed.
Councilmember Hjelle moved to approve the May 12, 2008, 5:00 p.m. Council Manager
Workshop Minutes as submitted.
Seconded by Councilmember Nephew. Ayes – All
The motion passed.
May 12, 2008, 6:30 p.m. City Council Meeting Minutes
Mayor Longrie had the following corrections to the minutes.
On page 19. In the first paragraph, sixth line, amending the following information:
Mayor Longrie said she is not able to recite this +GRight into the record but the ,,,,ants to say that
,Xh-+ the reed! is in her mind! and but she wanted this transcript to be submitted as part of the
record. Two lines down from that it should read: The CitV G96IRGOI was asked as part of the t#at
ding-suadmissions for discovery whether or not to admit if there was municipal sewer and
water service available to the property. The City of Maplewood said they denied Would deny that
and Mayor Longrie said she wanted the admissions to be part of the record wa teal thatit the
reserd.
In the last sentence of that paragraph it should read Mayor Longrie said there is an amended
complaint that she thinks was amended because the moratorium was enacted after the complaint
was served and she wants the amended complaint that in the record because this documents the
time frame of when ;;"—hese things happened.
In the 2nd paragraph, Mayor Longrie requested an additional statement be included that
documents have been submitted for the record.
In the 3 d paragraph, 6th line, after the words grading plan (insert) for this evening's proposal. In
the 8th line, after she served on the Community Design Review Board it should read along with
watching the Planning Commission Meeting, grading plans are used and board and commission
members are reviewing specs. In the 3 d line from the bottom there is information that is repeated.
After the words government works add a period and delete the words +h -a+ the ,,,,iii never he
hammered! ni i+
Councilmember Hjelle moved to approve the May 12, 2008, 6:30 p.m. City Council Meeting
Minutes as amended.
Seconded by Councilmember Rossbach. Ayes – All
The motion passed.
Councilmember Hjelle moved to approve the May 15, 2008, A Continuation of May 12, 2008,
City Council Meeting Minutes as submitted.
June 9, 2008 2
City Council Meeting Minutes
Seconded by Mayor Longrie. Ayes — All
The motion passed.
F. VISITOR PRESENTATIONS — PART I
Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. Mr. Schreiner spoke regarding
the safety fence at the Beaver Lake Townhome addition. He explained that his concern
was that construction had started without a safety fence in place. Acting City Manager,
Public Works Director, Mr. AN responded and Mayor Longrie asked City Attorney, Alan
Kantrud to respond as well.
2. Linda Taklo, 2770 Keller Parkway, Maplewood. Ms. Taklo thanked Mr. Ahl,
Councilmember Rossbach and Mayor Longrie for responding to her email so quickly
regarding the road project off of Keller Parkway. She was present to express her
concerns about non-residents driving through the closed road construction. Police
Lieutenant, Kevin Rabbett stated the police department encourages the residents in this
area to write down the license numbers of the violators and contact the Maplewood Police
so that they can look into the situation. The officers will contact the drivers and/or issue a
warning.
3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke regarding the Beaver
Lake construction site and said this area is in the Shoreline protection area. He asked if
Maplewood is going to enforce this. Mr. Zick mentioned that the former City Manager, Mr.
Copeland's wife had recently passed away. Mr. Zick asked what the city does with the
money they get for charging Maplewood residents for cable television that gets put into
the General Fund. He said he has asked this question before and wanted to know why he
has never gotten an answer.
(It was past 7:00 p.m. so items G. 1-3 and H. 1-6 were moved to the end of the meeting).
APPOINTMENTS AND PRESENTATIONS
Presentation: Maplewood Girls Earn Girl Scouts' Top Award.
Mayor Longrie moved to approve the Resolution of Appreciation for the three Girl Scouts, Abby
Lopez, Lydia Nowak, and Nora Schmidt.
RESOLUTION OF APPRECIATION 08-06-080
WHEREAS, Abby Lopez, along with Sister Girl Scouts Emily Hagstrom and April Miller of Little
Canada, recognized the need to recycle more efficiently at North Senior High, and
WHEREAS, the girls created, led, and maintained the MAKE A CHANGE: ENVIRONMENTAL
CLUB to inform students and staff about proper recycling in North St. Paul, and
WHEREAS, the girls designed and placed instructional signs about the recycling containers in the
school's cafeteria, hallways, and classrooms, and
WHEREAS, the girls made an educational recycling video that was well received by students and
staff, and
June 9, 2008 3
City Council Meeting Minutes
WHEREAS, Abby Lopez has earned the Gold Award, the highest award a Girl Scout aged 14-18
may earn.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood,
Minnesota, and its citizens, that Abby Lopez is hereby extended our heartfelt gratitude and appreciation
for her dedicated service, and wishes her continued success in the future.
Passed by the Maplewood City Council on June 9, 2008.
Diana Longrie, Mayor
Eric Hjelle, City Council Member
Will Rossbach, City Council Member
Kathleen Juenemann, City Council Member
John Nephew, City Council Member Karen Guilfoile, City Clerk
RESOLUTION OF APPRECIATION 08-06-080
WHEREAS, Lydia Nowak worked with the 3M Orchestra, and
WHEREAS, Lydia Nowak discovered new leadership skills, and
WHEREAS, Lydia Nowak developed confidence in her abilities to successfully lead a project, and
WHEREAS, Lydia Nowak has earned the Gold Award, the highest award a Girl Scout aged 14-18
may earn.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood,
Minnesota, and its citizens, that Lydia Nowak is hereby extended our heartfelt gratitude and
appreciation for her dedicated service, and wish her continued success in the future.
Passed by the Maplewood City Council on June 9, 2008.
June 9, 2008
City Council Meeting Minutes
0
Diana Longrie, Mayor
Eric Hjelle, City Council Member
John Nephew, City Council Member
Will Rossbach, City Council Member
Kathleen Juenemann, City Council Member
Karen Guilfoile, City Clerk
RESOLUTION OF APPRECIATION 08-06-080
WHEREAS, Nora Schmidt, created a new and improved museum exhibit in the Gibbs Museum of
Pioneer and Dakotah Life in Falcon Heights, and
WHEREAS, Nora Schmidt, incorporated her knowledge of Jane Gibbs' life to create an exhibit
based on the Gibbs' journey from New York to Minnesota, and
WHEREAS, Nora Schmidt, successfully secured needed donations for the project materials,
enlisted multiple volunteer artists to paint 10 foot by 15 foot murals, and
WHEREAS, Nora Schmidt, coordinated the Roseville Area High School National Honor Society
student and the local Girl Scouts to assemble the exhibit for the entire community to enjoy.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood,
Minnesota, and its citizens, that Nora Schmidt is hereby extended our heartfelt gratitude and
appreciation for her dedicated service, and wishes her continued success in the future.
Passed by the Maplewood City Council on June 9, 2008.
Diana Longrie, Mayor Will Rossbach, City Council Member
June 9, 2008 5
City Council Meeting Minutes
Eric Hjelle, City Council Member
John Nephew, City Council Member
Seconded by Councilmember Rossbach
The motion passed.
Kathleen Juenemann, City Council Member
Karen Guilfoile, City Clerk
Ayes — All
2. Presentation: Report on Fire Department Achievements. (No Report)
a. Maplewood Fire Chief, Steve Lukin gave an update on the Maplewood Fire
Department from 2007 and a portion of 2008.
3. Presentation: Recognition of Employees with 20+ years of Service.
a. Acting City Manager, Chuck Ahl read aloud the 29 employees who have
served 20+ years at the City of Maplewood.
Councilmember Nephew moved to recognize the 29 employees at the City of Maplewood with
over 20 Years of Service. The Council congratulated these employees and thanked them for their
years of service.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
4. Appointment to the Environmental and Natural Resources Commission.
Councilmember Nephew moved to appoint Bill Schreiner to the Environmental and Natural
Resources Commission.
Seconded by Mayor Longrie. Ayes — All
The motion passed.
J. PUBLIC HEARINGS
1. Beam Avenue Improvements, City Project 07-26.
a. Assessment Hearing 7:00 p.m.
b. Resolution for Adoption of Assessment Roll.
c. Resolution for Awarding Construction Contract.
d. Assistant City Engineer, Michael Thompson gave the presentation and indicated
to the residents in the audience that there are assessment hearing objection
forms in the back of the room for residents to fill out if they have objections to
this project. This is the last time to object to the project before the public hearing
is closed.
June 9, 2008 6
City Council Meeting Minutes
e. Public Works Director, Chuck AN answered questions of the council and
audience.
f. Maplewood Lieutenant, Kevin Rabbett answered questions of the council and
audience.
Mayor Longrie opened the public hearing.
1. Karla Radermacher, 2120 Beam Avenue E., Maplewood. Ms. Radermacher spoke
regarding her objection to the assessment.
2. Jackie Henderson, 2109 Beam Avenue E., Maplewood. Ms. Henderson said she would
like a copy of the document that represents when the city created the rule that a resident
only pays for an assessment one time.
3. Hank Radermacher, 2120 Beam Avenue E., Maplewood. Mr. Radermacher spoke
regarding the "No Parking" overnight rule in Maplewood and asked where his guests
should park if they can't park on the street. (Maplewood Police responded that you can
get a waiver from the Maplewood Police Department for parking on the street for up to 14
days.)
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve the Resolution Adopting the Assessment Roll with
the exception of the individuals who are summarized in the staff report and the individuals who
have turned their obiections in this evenina and on the record as doina so.
RESOLUTION 08-06-081
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2008 calling for a
Public Hearing, the assessment roll for the Beam Avenue Improvements, City Project 07-26, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
And, WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
a. Parcel 02.29.22.42.0111 - William Greifzu; 2032 Beam Avenue
Mr. Greifzu objects to the assessment based upon a senior citizen financial hardship deferral.
b. Parcel 02.29.22.42.0112 - Madonna Hawthorne; 2030 Beam Avenue
Ms. Hawthorne objects to the assessment based upon a senior citizen financial hardship deferral
and requests a cancellation of assessment.
c. Parcel 02.29.22.42.0005 - Eugene Radermacher; 2120 Beam Avenue
Mr. Radermacher objects to the assessment and requests a cancellation of the storm sewer
assessment.
d. Parcel 02.29.22.13.0039 — Jacqueline Henderson, 2109 Beam Avenue
Ms. Henderson requests a revision to the assessment for storm sewer. She says that she paid
for storm sewers when she purchased the property. She is the home's original owner.
e. Parcel 02.29.22.13.0036 — Clayton and Bonnie Qualley, 2089 Beam Avenue
Mr. and Mrs. Qualley object to the assessment based upon a senior citizen financial hardship
deferral.
f. Parcel 01.293.22.23.0024 — Edward Doberstein, 2329 Beam Avenue
Mr. Doberstein objects to the assessment based upon a senior citizen financial hardship deferral
and requests a cancellation or revision of assessment. Mr. Doberstein feels that the large
majority of traffic on Beam Avenue is not generated by the neighborhood. The main beneficiaries
of the road improvements are the owners and customers of Maplewood Mall, and therefore they
should be assessed for the improvements.
g. Parcel 01.29.22.23.0025 — Henry Bomersine, 2321 Beam Avenue
June 9, 2008 7
City Council Meeting Minutes
Mr. Bomersine objects to the assessment based upon a senior citizen financial hardship deferral
and requests a revision of assessment. He feels that the cost seems excessive compared to the
cost of the street behind him.
Parcel 01.29.22.24.0101 —Aaron and Bonnie Martin, 2899 Bellaire Avenue
Mr. and Mrs. Martin request a revision to their assessment. They were told that the previous
owners of the property were assessed for work on both Bellaire and Beam. Their home does not
face Beam Avenue, so they do not feel they should be assessed for it. They also feel that Beam
is used by many people who do not live on the road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review the objections received and
report to the City Council at the regular meeting on June 23, 2008, as to their recommendations
for adjustments.
2. The assessment roll for the Beam Avenue Improvements as amended, without those property
owners' assessments that have filed objections, 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.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2009 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, 2008. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
4. 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 October 1, 2008, 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 October 1, 2008, 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.
5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November
15, 2008, 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.
Adopted by the council on this 9th day of June 2008.
Seconded by Councilmember Rossbach. Ayes — Councilmember Hjelle,
Juenemann, Nephew,
& Rossbach
Nay — Mayor Longrie
The motion passed
Mayor Longrie stated she wanted it noted for the record that she had previously voted against this
project moving forward because she was not convinced of the financial information and was
concerned about the debt load, not because this isn't an important project.
June 9, 2008 8
City Council Meeting Minutes
Councilmember Nephew moved to approve the Resolution Awarding the Construction Contract to
T.A. Schifskv and Sons in the amount of $1.549.872.78 for the Beam Avenue Improvements. Citv
Project 07-26.
RESOLUTION 08-06-082
AWARD OF BIDS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the bid of T.A. Schifsky and Sons in the amount of $1,549,872.78 is the lowest
responsible bid for the construction of Beam Avenue Improvements —City Project 07-26, and the
mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for
and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to implement
the financing plan for the project.
Adopted by the council on this 9th day of June 2008.
Seconded by Councilmember Rossbach. Ayes — Councilmember Hjelle,
Juenemann, Nephew,
& Rossbach
Nay — Mayor Longrie
The motion passed
2. Upper Afton Road Improvements, City Project 07-27.
a. Assessment Hearing 7:15 p.m.
b. Resolution for Adoption of Assessment Roll.
c. Resolution Awarding Construction Contract.
d. Assistant City Engineer, Michael Thompson gave the presentation and answered
questions of the council. Mr. Thompson indicated to the residents in the
audience that there are assessment hearing objection forms in the back of the
room for residents to fill out if they have objections to this project. This is the last
time to object to the project before the public hearing is closed.
e. City Attorney, Alan Kantrud answered a question..
Mayor Longrie opened the public hearing.
Maplewood resident at 9 Century Avenue, Maplewood. The resident said his property is
on the corner and Ramsey County will be working in this area as well, he was concerned
that Ramsey County would be tearing up the work that was done by the City of
Maplewood. Mr. Thompson answered his question and stated the City of Maplewood has
been in contact with Ramsey County regarding the projects in this area.
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve the Resolution Adopting the Assessment Roll for the
Upper Afton Road Improvements, City Project 07-27 with the exception of the objection received
during the meeting.
RESOLUTION 08-06-083
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2008 calling for a
June 9, 2008 9
City Council Meeting Minutes
Public Hearing, the assessment roll for the Upper Afton Road Improvements, City Project 07-27,
was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
And, WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
a. Parcel 01.28.22.14.0005 — Sean Kiger and Rich Luhrs of Hogda LLC; 9 Century Avenue
North
Mr. Kiger and Mr. Luhrs object to the assessment because they are concerned about
possible conflicts between Ramsey County road projects and City of Maplewood road
projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review the objections received and
report to the City Council at the regular meeting on June 23, 2008, as to their recommendations
for adjustments.
2. The assessment roll for the Upper Afton Road Improvements as amended, without those property
owners' assessments that have filed objections, 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.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2009 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, 2008. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
4. 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 October 1, 2008, 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 October 1, 2008, 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.
5. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November
15, 2008, 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.
Adopted by the council on this 9th day of June 2008.
Seconded by Councilmember Rossbach. Ayes — Councilmember Hjelle,
Juenemann, Nephew,
& Rossbach
The motion passed
Nay — Mayor Longrie
June 9, 2008 10
City Council Meeting Minutes
Mayor Longrie repeated for the record that previously she voted against this project because she
was not convinced of the financials and is concerned about the debt load on the city.
Councilmember Nephew moved to approve the Resolution for the Award of Bids to T.A. Schifs
& Sons for $698,896.40 for the Upper Afton Road Improvements, City Project 07-27.
RESOLUTION 08-06-084
AWARD OF BIDS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the bid of T.A. Schifsky & Sons in the amount of $698,896.40 is the lowest
responsible bid for the construction of Upper Afton Road Improvements —City Project 07-27, and
the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder
for and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project.
Adopted by the council on this 9th day of June 2008.
Seconded by Councilmember Rossbach.
The motion passed
Ayes — Councilmember Hjelle,
Juenemann, Nephew,
& Rossbach
Nay — Mayor Longrie
Councilmember Nephew requested a five minute break at 8:10 p.m.
The council reconvened at 8:15 p.m.
3. National Pollutant Discharge Elimination System (NPDES) Phase II Annual
Report/Public Meeting 7:30 p.m.
a. Deputy Director of Public Works, DuWayne Konewko gave the presentation.
Mayor Longrie opened the public hearing. There were no speakers.
Mayor Longrie closed the public hearing.
Councilmember Hjelle moved to approve National Pollutant Discharge Elimination System
(NPDES) Phase II Annual Report.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed
K. UNFINISHED BUSINESS
1. Carver Crossing Development — Consider Resolution of Approving Development
Contract With CoPar for Settlement of Litigation and Approval of Development Plan.
June 9, 2008 11
City Council Meeting Minutes
Councilmember Juenemann moved to table consideration of the Carver Crossing
Development Contract to the June 23, 2008, city council meeting.
Seconded by Councilmember Nephew. Ayes — Mayor Longrie,
Councilmember Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
The motion passed.
2. Hazelwood Street Improvements, City Project 07-25, Approval Resolution for
Adoption of Revised Assessment Roll.
a. Assistant City Engineer, Michael Thompson gave the report.
Councilmember Rossbach moved to approve the Hazelwood Street Improvements, City
Project 07-25, Approval of the Resolution for the Adoption of the Revised Assessment Roll.
RESOLUTION 08-06-085
ADOPTION OF REVISIONS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2008, the
assessment roll for the Hazelwood Street Improvements, City Project 07-25, was presented in a
Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, seven (7) property owners filed objections to their assessments according to
the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Stanley Sommers, 2107 Hazelwood Street N (PIN 15-29-22-21-0039): Mr. Sommers requests a
deferral of the assessment as it presents a financial hardship.
2. William and Elizabeth Carlson, 1962 Hazelwood Street, (PIN 15-29-22-13-0051): The Carlsons
request cancellation of the 2nd unit assessment on their property.
3. Billeigh Riser, Sr., 2205 Hazelwood Street N, (PIN 10-29-22-34-0030): Mr. Riser requests a
deferral of the assessment as it presents a financial hardship.
4. Janet Hardwick, 23594 Typo Creek Dr. NE, Stacy, MN for the property at 1951 Hazelwood Street
(PIN 15-29-22-24-0026): Ms. Hardwick requests a deferral of the assessment as it presents a
financial hardship.
5. George White, 2202 Hazelwood Street N (PIN 10-29-22-43-0059): Mr. White requests
cancellation and/or senior citizen deferral of the assessment on their property.
6. Judy Baier, 2240 Hazelwood Street (PIN 10-29-22-43-0048): Ms. Baier requests a deferral of all
four (4) unit assessments to her property as they present a financial hardship.
7. Mary Miller and Scott Horan, 976 Pondview Court, St. Paul, MN for the property at 2034
Hazelwood Street (PIN 15-29-22-13-0058): Mr. Horan and Ms. Miller request a deferral of the
assessment due to litigation on the property ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments
to the assessment roll for the Hazelwood Street Improvements, Project 07-25:
June 9, 2008 12
City Council Meeting Minutes
Stanley Sommers, 2107 Hazelwood Street N (PIN 15-29-22-21-0039): Grant a senior citizen
deferment, subject to the receipt of the necessary documents to be approved by the city
engineer.
2. William and Elizabeth Carlson, 1962 Hazelwood Street, (PIN 15-29-22-13-0051): Deny
cancellation of the 2nd unit assessment to the property as the northern portion of the property
meets frontage and area requirements. Grant deferment of the second unit assessment,
without interest, until such time property is split and second lot is developed, subject to a signed
agreement. If the property is not developed within 15 years from the date of the assessment
hearing, the deferred assessment shall be cancelled.
3. Billeigh Riser, Sr., 2205 Hazelwood Street N, (PIN 10-29-22-34-0030): Grant a financial
hardship deferment, subject to the receipt of the necessary documents to be approved by the
city engineer.
4. Janet Hardwick, 23594 Typo Creek Dr. NE, Stacy, MN for the property at 1951 Hazelwood
Street (PIN 15-29-22-24-0026): Grant a financial hardship deferment, subject to the receipt of
the necessary documents to be approved by the city engineer.
5. George White, 2202 Hazelwood Street N (PIN 10-29-22-43-0059): Grant a senior citizen
deferment, subject to the receipt of the necessary documents to be approved by the city
engineer. Deny cancellation of the assessment to the property as benefit is received from the
reconstruction of Hazelwood Street.
6. Judy Baier, 2240 Hazelwood Street (PIN 10-29-22-43-0048): Grant a financial hardship
deferment on one unit assessment, subject to the receipt of the necessary documents to be
approved by the city engineer. Grant deferment of the 3 -unit assessment for future
development, without interest, until such time property is split and second lot is developed,
subject to a signed agreement. If the property is not developed within 15 years from the date of
the assessment hearing, the deferred assessment shall be cancelled.
7. Mary Miller and Scott Horan, 976 Pondview Court, St. Paul, MN for the property at 2034
Hazelwood Street (PIN 15-29-22-13-0058): Deny deferment of the assessment as the pending
litigation on the property ownership does not impact the benefit received from the reconstruction
of the street.
B. The assessment roll for the Hazelwood Street Improvements, as amended, is hereby
accepted, a copy of which is attached hereto and made a part hereof. 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.
C. Such assessments shall be payable in equal annual installments extending over a period of
15 years, the first installments to be payable on or before the first Monday in January 2008 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, 2008. To each subsequent installment when due shall be added interest
for one year on all unpaid installments.
D. 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 October 1, 2008, pay the whole of the assessment on
such property, with interest accrued to the date of the payment, to the office of the city engineer, except
that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this
June 9, 2008 13
City Council Meeting Minutes
resolution; and they may, at any time after October 1, 2008, 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 October 15 or interest will be charged through
December 31 of the next succeeding year.
E. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than
November 15, 2008, 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.
Adopted by the council on this 9th day of June 2008.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. Hazelwood Street Improvements, City Project 07-25, Approve NO PARKING
Resolution for Hazelwood Street.
a. Assistant City Engineer, Michael Thompson gave the report.
Councilmember Nephew moved to approve the Resolution for NO PARKING restrictions
along Hazelwood Street between Highway 36 and Frost Avenue as part of City Project 07-25.
RESOLUTION 08-06-086
HAZELWOOD STREET — "NO PARKING" RESTRICTIONS
WHEREAS, the City Council approved the preparation of plans and specifications for the
Hazelwood Street Improvements, City Project 07-25, in February 2008, and
WHEREAS, the city will be expending Municipal State Aid funds on the improvement of
Hazelwood Street between Minnesota Highway 36 and Frost Avenue; and
WHEREAS, segments of said improvement do not conform to the approved State Aid
standard for unrestricted parking; and
WHEREAS, release of MSA funds is dependent on specified parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban
the parking of motor vehicles on the east and west sides of Hazelwood Street from Minnesota
State Trunk Highway 36 to Frost Avenue in the following sections:
"No Parking" on East Side of Hazelwood Street
1. From Frost Avenue to 300 feet north of Frost Avenue.
2. From 620 feet north of the Frost Avenue intersection to 715 feet north of the Frost Avenue
intersection
3. From 1,115 feet north of the Frost Avenue intersection to 1,440 feet north of the Frost
Avenue intersection.
4. From 680 feet south of County Road B intersection to County Road B
5. From County Road B north to Minnesota State Highway 36
"No Parking" on West Side of Hazelwood Street
1. From Frost Avenue intersection to 80 feet north of County Road B intersection.
June 9, 2008 14
City Council Meeting Minutes
2. From 70 feet south of Sandhurst Avenue intersection to 80 feet north of Sandhurst
Avenue Intersection.
3. From 50 feet south of Laurie Road intersection to 160 feet north of Laurie Road
intersection.
4. From 160 feet north of Laurie Road intersection to Minnesota State Highway 36.
Adopted by the council on this 9th day of June, 2008.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
3. Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21.
a. Report on Cost of Work Done By Day Labor
b. Resolution for Approval of Easements and Accepting Street as Public
c. Assistant City Engineer, Michael Thompson gave the report and answered
questions of the council.
Councilmember Nephew moved to approve the Cost of Work Done By Day Labor and also
approving the Resolution for Signing of the Easement Documents and Accepting Deer Ridge
Lane as a Public Street, Signifying Acceptance of Work.
RESOLUTION 08-06-087
ACCEPTING WORK
APPROVAL OF EASEMENTS
AND ACCEPTING DEER RIDGE LANE AS A PUBLIC STREET
WHEREAS, pursuant to resolution passed by the city council on July 9th, 2007, ordering
the public improvement of the Crestview Forest (Deer Ridge Lane) City Project 06-21, City Staff
has satisfactorily completed the improvement in accordance with the approved plans and
specifications,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA that
1. The work completed under said contract is hereby accepted and approved
2. All unused revenues shall be refunded to the homeowners associations namely Crestview
Town Home Owners Association, Inc. and Crestview Forest II Homeowners Association
3. The Mayor and City Clerk are hereby authorized to sign the public roadway easements
signifying council approval, and,
BE IT FURTHER RESOLVED that the City Council accepts Deer Ridge Lane (between
Crestview Forest Drive and Crestview Forest Drive) as a public street and the City shall provide
all maintenance and repairs of the roadway, storm sewer, and sanitary sewer utilities, as is the
current practice for public streets within the City of Maplewood.
Approved this 9th Day of June, 2008.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
4. Resolution Accepting Proposal on the Competitive Negotiated Sale of
$9,970,000 General Obligation Improvement Bonds, Series 2008A. Providing for
June 9, 2008 15
City Council Meeting Minutes
their Issuance, Pledging Special Assessments for the Security Thereof and
Levying a Tax for the Payment Thereof.
a. Finance Director, Bob Mittet gave the report.
1. Accept the Bid Proposal
2. Set the Bond Terms
3. Provide for Their Issuance
4. Pledge Special Assessments for the Security Thereof and
5. Provide for the Levying of a Tax for Payment Thereof
b. Terrie Heaton, Springsted Incorporated, 380 Jackson Street, Suite 300, St. Paul,
gave the report.
Councilmember Nephew moved to approve the Resolution Accepting Proposal on the
Competitive Negotiated Sale of $9,970,000 General Obligation Improvement Bonds, Series
2008A. Providing for their Issuance, Pledging Special Assessments for the Security Thereof and
Levying a Tax for the Payment Thereof.
EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 9, 2008
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City
of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 9, 2008, at
7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $9,970,000
General Obligation Bonds, Series 2008A.
The following members were present: Mayor, Diana Longrie
Councilmember, Eric Hjelle
Councilmember, Kathleen Juenemann
Councilmember, John Nephew
Councilmember, Will Rossbach
and the following were absent: None
In accordance with the resolution adopted by the City Council on May 15, 2008, the City Clerk
presented proposals on $9,970,000 General Obligation Bonds, Series 2008A, which were received and
tabulated at the offices of Springsted Incorporated on this same day:
Bidder Interest Rate True Interest Cost
(ATTACHED IN THE STAFF REPORT)
The Council then proceeded to consider and discuss the proposals, after which member
Councilmember Nephew introduced the following resolution and moved its adoption:
RESOLUTION 08-06-088
ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $9,970,000 GENERAL
OBLIGATION BONDS, SERIES 2008A, PROVIDING FOR THEIR ISSUANCE, PLEDGING SPECIAL
ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX
FOR THE PAYMENT THEREOF
June 9, 2008 16
City Council Meeting Minutes
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore
determined and declared that it is necessary and expedient to issue $9,970,000 General Obligation
Bonds, Series 2008A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapters
475 and 429 to finance various street improvements within the City (the "Street Improvements") and
pursuant to Minnesota Statutes, Chapters 475 and 162 to finance the costs associated with State -Aid
street projects, (the "State -Aid Improvements" and, together with the "Street Improvements", the
"Improvements"); and
B. WHEREAS, the Street Improvements and all their components have been ordered prior to the
date hereof, after a hearing thereon for which notice was given describing the Improvements or all their
components by general nature, estimated cost, and area to be assessed; and
C. WHEREAS, the State -Aid Improvements and all their components have been ordered prior to
the date hereof, and have been or will be constructed by the City under contracts which the City has or
will let, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter
162; and
D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as
hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota,
as follows:
1. Acceptance of Proposal. The proposal of (the
"Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest
hereinafter set forth, and to pay therefore the sum of $ , plus interest accrued to
settlement, is hereby found, determined and declared to be the most favorable proposal received and
is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Clerk is directed to
retain the deposit of the Purchaser and to return to the unsuccessful bidders any good faith checks or
drafts.
2. Bond Terms.
(a) Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be
dated July 1, 2008, as the date of original issue and shall be issued forthwith on or after such date in
fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any
integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on April
1 in the years and amounts as follows:
Year
2010
2011
2012
2013
2014
2015
2016
2017
Year
2018
2019
2020
2021
2022
2023
2024
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory
June 9, 2008 17
City Council Meeting Minutes
sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment
schedule, and corresponding additions may be made to the provisions of the applicable Bond(s).
(b) Allocation. The aggregate principal amount of $ maturing in each of the years
and amounts hereinafter set forth are issued to finance the Street Improvements (the "Improvement
Portion"); and the aggregate principal amount of $ maturing in each of the years and
amounts hereinafter set forth are issued to finance the State -Aid Improvements (the "State -Aid Portion"):
.If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence
allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided
in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally
available source, the prepayment may be allocated to either or both of the portions of debt service in
such amounts as the City shall determine. If the source of the prepayment is special assessments
pledged to and taxes levied for the Improvements, the prepayment shall be allocated to the Improvement
Portion of debt service. If the source of a prepayment is moneys allotted to the City from its account in
the Municipal State -Aid Street Fund, the prepayment shall be allocated to the State -Aid Portion of debt
service.
(c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company
organized under the laws of the State of New York or any of its successors or its successors to its
functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form only
(the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond
for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5
and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register
maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee
(it or any nominee of the existing or a successor Depository, the "Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the
Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant
holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial
Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar,
shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B)
the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice
with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any
Beneficial Owner or any other person, other than the Depository, of any amount with respect to the
principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by
the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote
or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy
under which the Depository assigns its consenting or voting rights to certain Participants to whose
accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute
owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on
the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds,
for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to
the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be
valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and
premium, if any, and interest on the Bonds to the extent of the sum or sums so paid.
June 9, 2008 18
City Council Meeting Minutes
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that
the Depository has determined to substitute a new Nominee in place of the existing Nominee, and
subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall
refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to
the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond
shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the
Depository as provided in the Letter of Representations to the Depository required by the Depository as a
condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together
with any replacement thereof or amendment or substitute thereto, including any standard procedures or
policies referenced therein or applicable thereto respecting the procedures and other matters relating to
the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the
"Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall
be limited in principal amount to Authorized Denominations and shall be affected by procedures by the
Depository with the Participants for recording and transferring the ownership of beneficial interests in
such Bonds.
(viii) In connection with any notice or other communication to be provided to the Holders
pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to
be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent
or other action as the record date for such consent or other action; provided, that the City or the Bond
Registrar may establish a special record date for such consent or other action. The City or the Bond
Registrar shall, to the extent possible, give the Depository notice of such special record date not less
than 15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution
and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to
time to comply with the requirements of the Letter of Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the
Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction
in principal amount on the panel provided on the Bond stating the amount so redeemed.
(d) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services
and termination of the book -entry only system may be affected as follows:
(i) The Depository may determine to discontinue providing its services with respect to the
Bonds at any time by giving written notice to the City and discharging its responsibilities
with respect thereto under applicable law. The City may terminate the services of the
Depository with respect to the Bond if it determines that the Depository is no longer able
to carry out its functions as securities depository or the continuation of the system of book -
entry transfers through the Depository is not in the best interests of the City or the
Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions of
the Depository hereunder can be found which, in the opinion of the City, is willing and able
to assume such functions upon reasonable or customary terms, or if the City determines
that it is in the best interests of the City or the Beneficial Owners of the Bond that the
Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer
be registered as being registered in the bond register in the name of the Nominee, but
may be registered in whatever name or names the Holder of the Bonds shall designate at
June 9, 2008 19
City Council Meeting Minutes
that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are
designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds
will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10.
(e) Letter of Representations. The provisions in the Letter of Representations are incorporated
herein by reference and made a part of the resolution, and if and to the extent any such provisions are
inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations
shall control.
Improvement Portion State -Aid Portion
Year (Amount) (Amount) Total Amount
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
3. Purpose. 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. The
City covenants that it shall do all things and perform all acts required of it to assure that work on the
Improvements proceeds with due diligence to completion and that any and all permits and studies
required under law for the Improvements are obtained. The average annual amount of principal and
interest due in all subsequent calendar years on the State -Aid Portion of the Bonds and on all other
bonds payable from the City's account in the Municipal State -Aid Street Fund ($ ) does not
exceed 90% of the amount of the last annual allotment preceding the issuance of the State -Aid Portion of
the Bonds received by the City from the Construction Account of the Municipal State -Aid Street Fund
4. Interest. The Bonds shall bear interest payable semiannually on April 1 and October 1 of each
year (each, an "Interest Payment Date"), commencing October 1, 2009, calculated on the basis of a 360 -
day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity
years as follows:
Maturity Year Interest Rate Maturity Year Interest Rate
2010
2011
2012
2013
2014
2015
2016
2018
2019
2020
2021
2022
2023
2024
June 9, 2008
City Council Meeting Minutes
20
2017
5. Redemption. All Bonds maturing on April 1, 2019 and thereafter, shall be subject to redemption
and prepayment at the option of the City on April 1, 2018, and on any date thereafter at a price of par
plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If
redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall
be determined by the City; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or
portions thereof called for redemption shall be due and payable on the redemption date, and interest
thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be
given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to
the stated redemption date.
To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior
to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive
number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by
lot, using such method of selection as it shall deem proper in its discretion, from the numbers so
assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were
assigned numbers so selected; provided, however, that only so much of the principal amount of each
such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each
number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered
to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in
form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having
the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as
requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed
portion of the principal of the Bond so surrendered.
6. Bond Registrar. in Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"),
and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any
contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall
also serve as paying agent unless and until a successor -paying agent is duly appointed. Principal and
interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the
manner set forth in the form of Bond and paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the
form of Assignment and the registration information thereon, shall be in substantially the following form:
R -
Interest Rate
REGISTERED OWNER
PRINCIPAL AMOUNT:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
GENERAL OBLIGATION BOND, SERIES 2008A
Maturity Date Date of Original Issue
April 1, July 1, 2008
CEDE & CO.
CUSIP
June 9, 2008 21
City Council Meeting Minutes
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and
for value received promises to pay to the registered owner specified above, or registered assigns, unless
called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, and to pay interest thereon semiannually on April 1 and October 1 of
each year (each, an "Interest Payment Date"), commencing October 1, 2009, at the rate per annum
specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal
sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment
Date to which interest has been paid or, if no interest has been paid, from the date of original issue
hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender
hereof at the principal office of , in , Minnesota (the "Bond
Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the
"Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person
in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the
Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular
Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder
hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be
given to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money of the United States of America.
So long as this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in
the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be
required for payment of the redemption price upon a partial redemption of this Bond. Until termination of
the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the
Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing on April 1, 2019, and thereafter, are
subject to redemption and prepayment at the option of the Issuer on April 1, 2018, and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds
subject to prepayment. If redemption is in part, the maturities and the principal amounts within each
maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a
common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot
by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the
redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed
notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least
thirty days prior to the stated redemption date.
Selection of Bonds for Redemption; Partial Redemption. To affect a partial redemption of Bonds
having a common maturity date, the Bond Registrar shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond
Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion,
from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal
the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to
which were assigned numbers so selected; provided, however, that only so much of the principal amount
of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each
June 9, 2008 22
City Council Meeting Minutes
number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in
form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar
shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for
the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount
of $9,970,000, all of like date of original issue and tenor, except as to number, maturity, interest rate,
denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution
and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on June 9,
2008 (the "Resolution"), for the purpose of providing money to finance various street improvement
projects and or/otherwise improving municipal State -Aid streets within the jurisdiction of the Issuer. This
Bond is payable out of the General Obligation Bonds, Series 2008A Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of
its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing
powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in
Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered
Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of
the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of the rights and duties of the Bond
Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof
to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to
reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the
Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond,
one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to
"bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal
amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same
rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to
cover any tax or other governmental charge payable in connection with the transfer or exchange of this
Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose
name this Bond is registered as the owner hereof for the purpose of receiving payment as herein
provided (except as otherwise provided herein with respect to the Record Date) and for all other
purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall
be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to
any security unless the Certificate of Authentication hereon shall have been executed by the Bond
Registrar.
Qualified Tax Exempt Obligations. The Bonds have been designated by the Issuer as
June 9, 2008 23
City Council Meeting Minutes
"qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
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 performed, in regular
and due form, time and manner as required by law; and that this Bond, together with all other debts of
the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the
original purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council
has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk,
the corporate seal of the Issuer having been intentionally omitted as permitted by law.
Date of Registration: Registrable by:
Payable at:
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
BOND REGISTRAR'S CERTIFICATE
OF AUTHENTICATION /s/Facsimile
Mayor
This Bond is one of the
Bonds described in the
Resolution mentioned Clerk within. /s/Facsimile
, Minnesota,
Bond Registrar
By: Authorized Signature
City Clerk
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with
right of survivorship and not as tenants in common UTMA - as custodian for
(Cust) (Minor)
under the Uniform
(State) Transfers to Minors Act
June 9, 2008 24
City Council Meeting Minutes
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and
does hereby irrevocably constitute and appoint attorney to transfer the Bond on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must correspond with the
name as it appears upon the face of the within Bond in every particular,
without alteration or any change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having
a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as
defined in 17 CFR 240.17 Ad -15(a)(2).
The Bond Registrar will not affect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
Date Amount Authorized signature of Holder
8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser,
typewritten) and 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, however, that the seal of the City may be a printed (or, at the
request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may
be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be
omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of
either officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act
on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose
signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer
had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one
or more typewritten temporary bonds in substantially the form set forth above, with such changes as may
be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may
be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall,
upon the printing of the definitive bonds and the execution thereof, be exchanged therefore and
canceled.
June 9, 2008 25
City Council Meeting Minutes
9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security
or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the
form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond
Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The
Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the
Certificate of Authentication on the Bond and by inserting as the date of registration in the space
provided the date on which the Bond is authenticated, except that for purposes of delivering the original
Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original
issue, which date is July 1, 2008. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond
Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may
prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers
of Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City
shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as
provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal
amount, having the same stated maturity and interest rate, as requested by the transferor; provided,
however, that no Bond may be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any
Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar
shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the
exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be
promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly
executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any legal
or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any agreement
with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books
between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the
terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in
lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were
carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment
June 9, 2008 26
City Council Meeting Minutes
Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the
registration books of the City maintained by the Bond Registrar and at the address appearing thereon at
the close of business on the fifteenth day of the calendar month next preceding such Interest Payment
Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the
person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who
is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond
Registrar whenever money becomes available for payment of the defaulted interest. Notice of the
Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to
the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose
name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal
of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond
and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City
nor the Bond Registrar shall be affected by notice to the contrary.
14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered
by the Finance and Administration Manager to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. There has heretofore been created a capital projects fund designated the
"Public Improvement Projects Fund" held and administered by the Finance and Administration Manager
separate and apart from all other funds of the City. The Public Improvement Projects Fund shall
continue to be maintained in the manner heretofore specified. In the Public Improvement Projects Fund
there shall be created and maintained separate construction accounts (the "Construction Accounts") for
each improvement financed by this bond issue. To the Construction Accounts there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, and less capitalized interest
and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments
levied with respect to the Improvements and collected prior to completion of the Improvements and
payment of the costs thereof. From the Construction Accounts there shall be paid all costs and expenses
of making the Improvements listed in paragraph 16, including the cost of any construction contracts
heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota
Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as
otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent
necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the
collection of taxes or special assessments herein levied or covenanted to be levied; and provided further
that if upon completion of the Improvements there shall remain any unexpended balance in the
Construction Accounts, the balance (other than any special assessments) may be transferred by the City
Council to the accounts of any other improvement instituted pursuant to Minnesota Statutes, Chapter
429, and provided further that any special assessments credited to the Construction Accounts shall only
be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City
Council determining that the application of the special assessments for such purpose will not cause the
City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
There is hereby created a debt service fund to be designated the General Obligation
Improvement Bonds, Series 2007A Fund (the "Debt Service Fund") to be administered and maintained
by the Finance and Administration Manager as a bookkeeping account separate and apart from all other
funds maintained in the official financial records of the City. The Debt Service Fund shall be maintained
in the manner herein specified until all of the Improvement Portion of the Bonds and the interest thereon
has been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be
credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted to be
levied with respect to the Street Improvements and either initially credited to the Construction Accounts
and not already spent as permitted above and required to pay any principal and interest due on the
Improvement Portion of the Bonds or collected subsequent to the completion of the Street Improvements
and payment of the costs thereof; (b) a pro rata share of all accrued interest; (c) a pro rata share of all
funds paid in excess of the minimum bid; (d) capitalized interest in the amount of $ , sufficient to
pay interest due on the Improvement Portion of the Bonds on or before October 1, 2009; (e) any
collections of all taxes herein or hereafter levied for the payment of the principal and interest on the
June 9, 2008 27
City Council Meeting Minutes
Improvement Portion of the Bonds; (f) all funds remaining in the Construction Accounts after completion
of the Street Improvements and payment of the costs thereof, not so transferred to the account of
another improvement; (g) all investment earnings on funds held in the Debt Service Fund; and (h) any
and all other moneys which are properly available and are appropriated by the governing body of the City
to the Debt Service Fund. The Debt Service Fund shall be used solely to pay the principal and interest
and any premiums for redemption of the Improvement Portion of the Bonds and any other general
obligation bonds of the City hereafter issued by the City and made payable from said account as
provided by law.
There is hereby created a State -Aid Improvements Debt Service Subaccount and there are
hereby irrevocably appropriated and pledged to, and there shall be credited to, the State -Aid
Improvements Debt Service Subaccount: (a) upon receipt from the Commissioner of Finance of the State
of Minnesota, the annual amount of money needed for payment of principal and interest due each year
on the State -Aid Portion of the Bonds from moneys allotted or to be allotted to the City from its account in
the Municipal State -Aid Street Fund; (b) a pro rata share of all accrued interest received upon delivery of
the Bonds; (c) capitalized interest in the amount of $ ; (d) a pro rata share of all funds
paid for the Bonds in excess of the minimum bid; (e) any collections of all taxes hereafter levied for the
payment of the State -Aid Portion of the Bonds; (f) a pro rata share of all funds remaining in the
Construction Account after completion of the State -Aid Improvements and payment of the costs thereof;
(g) all investment earnings on funds held in the State -Aid Improvements Debt Service Subaccount; and
(h) any and all other moneys which are properly available and are appropriated by the governing body of
the City to the State -Aid Improvements Debt Service Subaccount. The State -Aid Improvements Debt
Service Subaccount shall be used solely to pay the principal and interest and any premiums for
redemption of the State -Aid Portion of the Bonds and any other general obligation bonds of the City
hereafter issued by the City and made payable from the State -Aid Improvements Debt Service
Subaccount as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (1) for a reasonable temporary period until such proceeds are needed for the
purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than
the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the
Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any
other City account which will be used to pay principal or interest to become due on the bonds payable
therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be
invested without regard to yield shall not be invested at a yield in excess of the applicable yield
restrictions imposed by said arbitrage regulations on such investments after taking into account any
applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations.
Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured
by the United States or any agency or instrumentality thereof if and to the extent that such investment
would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal
Revenue Code of 1986, as amended (the "Code")
16. Covenants Relating to the Improvement Portion of the Bonds.
(a) Assessments. It is hereby determined that no less than twenty percent of the cost to the City
of each Street Improvement financed hereunder within the meaning of Minnesota Statutes, Section
June 9, 2008 28
City Council Meeting Minutes
475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot,
piece and parcel of land benefited by any of the Street Improvements. The City hereby covenants and
agrees that it will let all construction contracts not heretofore let within one year after ordering each
Street Improvement financed hereunder unless the resolution ordering the Street Improvement specifies
a different time limit for the letting of construction contracts. The City hereby further covenants and
agrees that it will do and perform as soon as they may be done all acts and things necessary for the 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 City or the City 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 the City 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. It is
hereby determined that the assessments shall be payable in equal, consecutive, annual installments,
with general taxes for the years shown below and with interest on the declining balance of all such
assessments at a rate per annum not greater than the maximum permitted by law and not less than the
rates per annum shown opposite their collection years specified below:
Improvement
Collection
Designation Amount Levy Years Years Rate
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.
(b) Tax Levy. To provide moneys for payment of the principal and interest on the Improvement
Portion of 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 general
property taxes in the City for the years and in the amounts as follows:
Year of Tax Levy Year of Tax Collection Amount
2008-2022 2009-2023
(c) Coverage Test. The tax levies are such that if collected in full they, together with estimated
collections of special assessments and any other revenues herein pledged for the payment of the
Improvement Portion 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 Improvement Portion of the Bonds. The tax
levies shall be irrepealable so long as any of the Improvement Portion 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, Subdivision 3.
17. Covenants Relating to the State -Aid Portion of the Bonds.
(a) Certification to Commissioner. Upon the sale of the Bonds an officer of the City shall promptly
certify to the Commissioner of Transportation, State of Minnesota, the amount of money required
annually for the payment of principal and interest on the State -Aid Portion of the Bonds, all in accordance
with Minnesota Statutes, Section 162.18.
(b) Expenditure Consistent with Minnesota Statutes Chapter 162. Proceeds of the State -Aid
Portion of the Bonds shall be spent only in accordance with the provisions of law and the rules and
regulations of the Commissioner of Transportation relating to the establishment, location, relocation,
June 9, 2008 29
City Council Meeting Minutes
construction, reconstruction and/or improvement of municipal State -Aid streets within the City. The City
shall comply with the requirements of Minnesota Statutes, Chapter 162 in making the State -Aid
Improvements.
(c) Debt Service Coverage. It is hereby determined and reasonably anticipated that the estimated
collections of the revenues available to be deposited to the State -Aid Improvements Debt Service
Subaccount will produce at least five percent in excess of the amount needed to meet, when due, the
principal of and interest on the State -Aid Portion of the Bonds.
18. General Obligation Pledge. 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 ever insufficient to
pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the
deficiency shall be promptly paid out of any other funds of the City which are available for such purpose,
and such other funds may be reimbursed with or without interest from the Debt Service Account when a
sufficient balance is available therein.
19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The
City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the
Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of
1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described
to:
(a) Provide or cause to be provided to each nationally recognized municipal securities information
repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of
Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking. The City reserves the right
to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal
Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material
events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and
(ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the
City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the
Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on
behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be
limited to a right to obtain specific enforcement of the City's obligations under the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place
(the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in
substantially the form presented to the City Council subject to such modifications thereof or additions
thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the
Bonds, and (iii) acceptable to the Officers.
20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all
pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds
shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any
Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they are
prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum
June 9, 2008 30
City Council Meeting Minutes
sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given.
The City may also at any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in
escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at
such times and at such rates and maturing on such dates as shall be required, without regard to sale
and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as
herein required has been duly provided for, to such earlier redemption date.
21. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are
intended to establish and provide for the City's compliance with United States Treasury Regulations
Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the
Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure
which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or
person designated to do so on behalf of the City) has made or will have made a written declaration of the
City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to
reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent
borrowing; (ii) gives a general and functional description of the property, project or program to which the
Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or
account of the City and the general functional purpose thereof from which the Reimbursement
Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of
debt expected to be issued by the City for the purpose of financing the Project; provided, however, that
no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying
and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the
"issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of
the lesser of $100,000 or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds
or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement
Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for each
Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of
the Bonds and in all events within the period ending on the date which is the later of three years after
payment of the Reimbursement Expenditure or one year after the date on which the Project to which the
Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the City's use of
Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the
Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants in
this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such
action will not impair the tax-exempt status of the Bonds.
22. Certificate of Registration. The 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 the
Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in
the County Auditor's Bond Register and that the tax levy required by law has been made.
June 9, 2008 31
City Council Meeting Minutes
23. Records and Certificates. The officers of the City are hereby authorized and directed to
prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the
Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the
financial condition and affairs of the City, and such other affidavits, certificates and information as are
required to show the facts relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby
covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them
to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such
a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and
141 through 150 of the Code.
25. Tax -Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary
under the Code to establish and maintain the exclusion from gross income under Section 103 of the
Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary
periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the
Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy
the 24 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-
7(d)(1) of the Regulations. The Mayor and or Clerk are hereby authorized and directed to make such
elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate
or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and
treated as, elections of the City.
26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified
tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of
Section 265(b)(3) of the Code; following factual statements and representations:
makes the following factual statements and representations:
(d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds,
treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City
(and all entities treated as one issuer with the City, and all subordinate entities whose obligations are
treated as issued by the City) during this calendar year 2008 will not exceed $10,000,000; and
(e) not more than $10,000,000 of obligations issued by the City during this calendar year 2008
have been designated for purposes of Section 265(b)(3) of the Code; and
(f) the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements which
may apply in order to effectuate the designation made by this paragraph.
27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid
or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision
shall not affect any of the remaining provisions of this resolution.
28. Headings. Headings in this resolution are included for convenience of reference only and are
not a part hereof, and shall not limit or define the meaning of any provision hereof.
June 9, 2008 32
City Council Meeting Minutes
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Hoielle and, after a full discussion thereof and upon a vote being taken thereon, the following voted in
favor thereof: All (5)
and the following voted against the same: None (0)
Whereupon the resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota,
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 considering proposals for, and authorizing the issuance and awarding the competitive,
negotiated sale of $9,970,000 General Obligation Bonds, Series 2008A.
WITNESS my hand on June 9, 2008.
Clerk
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
5. Resolution Accepting Proposal on the Competitive Negotiated Sale of
$1,070,000 General Obligation Improvement Refunding Bonds, Series 20088,
Providing for their Issuance.
June 9, 2008 33
City Council Meeting Minutes
Councilmember Nephew moved to approve the Resolution Accepting Proposal on the
Competitive Negotiated Sale of $1,070,000 General Obligation Improvement Refunding Bonds,
Series 2008B, Providing for their Issuance.
EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 9, 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood,
Ramsey County, Minnesota, was duly called and held at the City Hall on June 9, 2008 at 7:00 p.m., for
the purpose, in part, of considering proposals for and awarding the competitive negotiated sale of,
$1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B.
The following members were present: Mayor, Diana Longrie
Councilmember, Eric Hjelle
Councilmember, Kathleen Juenemann
Councilmember, John Nephew
Councilmember, Will Rossbach
and the following were absent: None
In accordance with the resolution adopted by the City Council on May 15, 2008, the City Clerk
presented proposals on $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B,
which were received and tabulated at the offices of Springsted Incorporated on this same day:
Bidder Interest Rate True Interest Cost
(SEE ATTACHED IN STAFF REPORT)
The Council then proceeded to consider and discuss the proposals, after which member
Councilmember Nephew introduced the following resolution and moved its adoption:
RESOLUTION 08-06-089
ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,070,000
GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 20088, AND
PROVIDING FOR THEIR ISSUANCE
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore
determined and declared that it is necessary and expedient to provide moneys for a current
refunding of the City's General Obligation Improvement Bonds, Series 1998A, dated September 1,
1998 (the "Prior 1998 Bonds") which mature on and after February 1, 2009; and
B. WHEREAS, $565,000 of the principal amount of the Prior 1998 Bonds which mature on and
after February 1, 2009, are callable on August 1, 2008, at a price of par plus accrued interest, as
provided in the Resolution of the City Council, adopted August 20, 1998, authorizing the issuance of
June 9, 2008 34
City Council Meeting Minutes
the Prior 1998 Bonds (the "Prior 1998 Resolution"); and
C. WHEREAS, the City has heretofore determined and declared that it is necessary and
expedient to provide moneys for a current refunding of the City's General Obligation Improvement
Bonds, Series 1999A, dated October 1, 1999 (the "Prior 1999 Bonds") which mature on and after
February 1, 2009; and
D. WHEREAS, $475,000 of the principal amount of the Prior 1999 Bonds which mature on and
after February 1, 2009, are callable on August 1, 2008, at a price of par plus accrued interest, as
provided in the Resolution of the City Council, adopted September 27, 1999, authorizing the issuance of
the Prior 1999 Bonds (the "Prior 1999 Resolution"); and
E. WHEREAS, the Prior 1998 Bonds and the Prior 1999 Bonds are hereinafter referred to
as the Prior Bonds.
F. WHEREAS, the refunding of the Prior Bonds maturing on and after February 1, 2009 (the
"Refunded Bonds"), is consistent with covenants made with the holders thereof, and is necessary and
desirable for the reduction of debt service cost to the City; and
G. WHEREAS, the City Council has heretofore determined and declared that it is necessary and
expedient to issue $1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B,
pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded
Bonds; and
H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book -entry form as
hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota, as follows:
1. Acceptance of Proposal. The proposal of
(the "Purchaser"), to purchase $1,070,000 General Obligation Improvement
Refunding Bonds, Series 2008B of the City (the "Bonds" or the "Refunding Bonds", or individually a
"Bond"), in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to
pay therefore the sum of $ , plus interest accrued to settlement, is hereby found,
determined and declared to be the most favorable proposal received and is hereby accepted, and the
Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of
said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks
and drafts.
2. Bond Terms.
(a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be
June 9, 2008 35
City Council Meeting Minutes
titled "General Obligation Improvement Refunding Bonds, Series 200813", shall be dated July 1, 2008, as
the date of original issue and shall be issued forthwith on or after such date as fully registered bonds.
The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral
multiple thereof of a single maturity. The Bonds shall mature on February 1, in the years and amounts as
follows: Year Amount
2009 $
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
All dates are inclusive.
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal
repayment schedule, and corresponding additions may be made to the provisions of the applicable
Bond(s).
(b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company
organized under the laws of the State of New York or any of its successors or its successors to its
functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the
"Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for
each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and
10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only
Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained
by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any
nominee of the existing or a successor Depository, the "Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility
or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds
Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest
in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without
limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any
such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the
Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any
Participant, any Owner or any other person, other than the Depository, of any notice with respect to the
Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner
or any other person, other than the Depository, of any amount with respect to the principal of or premium,
if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the
Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any
Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the
Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds
are credited on the record date identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute
owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on
June 9, 2008 36
City Council Meeting Minutes
the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds,
for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of
registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to
the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be
valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and
premium, if any, and interest on the Bonds to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the
Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to
the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such
new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the
principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond
shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the
Depository as provided in the Letter of Representations to the Depository required by the Depository as a
condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together
with any replacement thereof or amendment or substitute thereto, including any standard procedures or
policies referenced therein or applicable thereto respecting the procedures and other matters relating to
the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the
"Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be
limited in principal amount to Authorized Denominations and shall be affected by procedures by the
Depository with the Participants for recording and transferring the ownership of beneficial interests in
such Bonds.
(viii) In connection with any notice or other communication to be provided to the Holders pursuant
to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by
Holders, the Depository shall consider the date of receipt of notice requesting such consent or other
action as the record date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or the Bond Registrar
shall, to the extent possible, give the Depository notice of such special record date not less than 15
calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and
any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time
to comply with the requirements of the Letter of Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the
Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the
reduction in principal amount on the panel provided on the Bond stating the amount so redeemed.
(c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and
termination of the book -entry only system may be affected as follows:
(i) The Depository may determine to discontinue providing its services with respect to the Bonds
at any time by giving written notice to the City and discharging its responsibilities with respect thereto
under applicable law. The City may terminate the services of the Depository with respect to the Bond if it
determines that the Depository is no longer able to carry out its functions as securities depository or the
continuation of the system of book -entry transfers through the Depository is not in the best interests of
the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding paragraph,
and if no substitute securities depository is willing to undertake the functions of the Depository hereunder
June 9, 2008 37
City Council Meeting Minutes
can be found which, in the opinion of the City, is willing and able to assume such functions upon
reasonable or customary terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the
Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee,
but may be registered in whatever name or names the Holder of the Bonds shall designate at that time,
in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the
transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the
Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein
by reference and made a part of the resolution, and if and to the extent any such provisions are
inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations
shall control.
3. Purpose: Refunding Findings. The Bonds shall provide funds for a current refunding of the
Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is
pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the
City.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of
each year (each, an "Interest Payment Date"), commencing February 1, 2009, calculated on the basis of
a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the
maturity years as follows:
Maturity Year Interest Rate
2009 %
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their
stated maturity dates.
6. Bond Registrar. , in , , is appointed to act
as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so
unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and
Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as
paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the
Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in
the form of Bond and paragraph 12 of this resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the
form of Assignment and the registration information thereon, shall be in substantially the following form:
June 9, 2008 38
City Council Meeting Minutes
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R- $
GENERAL OBLIGATION IMPROVEMENT MATURITY DATE OF
REFUNDING BOND, SERIES 2008B
INTEREST
RATE DATE ORIGINAL ISSUE
REGISTERED OWNER CEDE & CO. FEBRUARY 1, 20_ JULY 1, 2008
PRINCIPAL AMOUNT: DOLLARS
CUSIP
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and
for value received promises to pay to the registered owner specified above, or registered assigns in the
manner hereinafter set forth, the principal amount specified above, on the maturity date specified above,
and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest
Payment Date"), commencing February 1, 2009, at the rate per annum specified above (calculated on
the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided
for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been
paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium,
if any, on this Bond are payable upon presentation and surrender hereof at the principal office of
in , (the "Bond Registrar"),
acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this
Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name
this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained
by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day
of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any
interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the
Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of
business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given to
Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if
any, and interest on this Bond are payable in lawful money of the United States of America. So long as
this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution
hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any,
and interest on this Bond and notice with respect thereto shall be made as provided in Letter of
Representations, as defined in the Resolution, and surrender of this Bond shall not be required for
payment of the redemption price upon a partial redemption of this Bond. Until termination of the book -
entry only system pursuant to the Resolution, Bonds may only be registered in the name of the
Depository or its Nominee.
No Redemption. All Bonds of this issue (the "Bonds") are not subject to redemption and
prepayment prior to their stated maturity dates.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount
of $1,070,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, and
June 9, 2008 39
City Council Meeting Minutes
denomination, which Bond has been issued pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on
June 9, 2008 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's
General Obligation Improvement Bonds, Series 1998A, dated September 1, 1998, which mature on and
after February 1, 2009 and the Issuer's General Obligation Improvement Bonds, Series 1999A, dated
October 1, 1999, which mature on and after February 1, 2009. This Bond is payable out of the Debt
Service Account of the Issuer's General Obligation Improvement Refunding Bonds, Series 2008B Fund.
This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith and
credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in
the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for
fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the
Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the
Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof
to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to
reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon
the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank
or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate
principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at
the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to
cover any tax or other governmental charge payable in connection with the transfer or exchange of this
Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose
name this Bond is registered as the owner hereof for the purpose of receiving payment as herein
provided (except as otherwise provided herein with respect to the Record Date) and for all other
purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall
be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to
any security unless the Certificate of Authentication hereon shall have been executed by the
Bond Registrar.
Qualified Tax -Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
June 9, 2008 40
City Council Meeting Minutes
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 performed, in regular
and due form, time and manner as required by law, and that this Bond, together with all other debts of
the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the
original purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and
its City Clerk.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the Bonds
described in the Resolution
mentioned within.
Bond Registrar
By
Authorized Signature
Registrable by:
Payable at:
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -as tenants in common TEN ENT -as tenants by the entireties JT TEN -as joint tenants with
right of survivorship and not as tenants in common UTMA - as custodian for
June 9, 2008 41
City Council Meeting Minutes
(Cust) (Minor) under the Uniform Transfers to
Minors Act (State)
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto the within
Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of
the within Bond in every particular, without alteration or any
change whatever.
Signature Guaranteed:
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having
a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as
defined in 17 CFR 240.17 Ad -15(a)(2).
The Bond Registrar will not affect transfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the
Purchaser, typewritten) 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, however, that the seal of the City may be a
printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of
such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the
corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or
resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile
signature of an officer who may act on behalf of the absent or disabled officer. In case either officer
whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such
officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and
sufficient for all purposes, the same as if the officer had remained in office until delivery. The City
may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in
substantially the form set forth above, with such changes as may be necessary to reflect more than
one maturity in a single temporary bond. The temporary bonds may be executed with photocopied
facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the
definitive bonds and the execution thereof, be exchanged therefore and canceled.
June 9, 2008 42
City Council Meeting Minutes
9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any
security or benefit under this resolution unless a Certificate of Authentication on the Bond,
substantially in the form hereinabove set forth, shall have been duly executed by an authorized
representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be
signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the
City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as
the date of registration in the space provided, the date on which the Bond is authenticated, except
that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as
a date of registration the date of original issue, which date is July 1, 2008. The Certificate of
Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated
and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of
the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond
Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the
registration of transfers of Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City
shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as
provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of any authorized denomination or denominations of a like aggregate principal
amount, having the same stated maturity and interest rate, as requested by the transferor; provided,
however, that no Bond may be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any authorized denomination
or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds
to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered
for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the
date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to
receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be
promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly
executed by the Holder thereof or his, her or its attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any legal or
unusual costs regarding transfers and lost Bonds.
June 9, 2008 43
City Council Meeting Minutes
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its
transfer books between record dates and payment dates.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in
lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were
carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment
Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the
registration books of the City maintained by the Bond Registrar and at the address appearing thereon at
the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest
Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be
payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to
the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed
by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice
of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10)
days prior to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose
name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal
of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such
Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the
City nor the Bond Registrar shall be affected by notice to the contrary.
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered
by the Finance and Administration Manager to the Purchaser upon receipt of the purchase price, and the
Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. For the convenience and proper administration of the moneys to be
borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and
holders from time to time of the Bonds, there is hereby created a special fund to be designated the
"General Obligation Improvement Refunding Bonds, Series 2008B Fund" (the "Fund") to be administered
and maintained by the Finance and Administration Manager as a bookkeeping account separate and
apart from all other funds maintained in the official financial records of the City. The Fund shall be
maintained in the manner herein specified until all of the Bonds herein authorized and the interest
thereon shall have been fully paid. There shall be maintained and created in the fund the "Payment
Account" and a "Debt Service Account".
(i) Payment Account. The proceeds of the Bonds, less accrued interest, shall be deposited in the
Payment Account. On or prior to August 1, 2008, the Finance and Administration Manager shall transfer
$ of the proceeds of the Bonds from the Payment Account to the paying agent for each of
the Refunded Bonds, which sum is sufficient, together with other funds on deposit in the debt service
fund for each of the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds on
August 1, 2008, including the principal of the Refunded Bonds called for redemption on that date. The
remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the
Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and
payment of the Refunded Bonds shall be transferred to the Debt Service Account.
(ii) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably
appropriated and there shall be credited: (1) accrued interest; (2) any balance remaining on August 2,
2008, in the Prior Bonds Debt Service Account created by the Prior Resolution; (3) any uncollected
special assessments which were heretofore pledged for the payment of the Refunded Bonds and are
herein pledged to the payment of the Bonds; (4) all investment earnings on funds in the Debt Service
Account; (5) any taxes herein or hereafter levied for the payment of the Bonds; (6) any and all other
June 9, 2008 44
City Council Meeting Minutes
moneys which are properly available and are appropriated by the governing body of the City to the Debt
Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds
and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61,
Subdivision 4.
The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the
Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the
proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to
replace funds which were used directly or indirectly to acquire higher yielding investments, except (1)
for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds
were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent
(5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any
sums from time to time held in the Fund (or any other City account which will be used to pay principal
and 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 in excess of the
applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into
account any applicable "temporary periods" or "minor portion" made available under the federal
arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be
invested in obligations or deposits issued by, guaranteed by or insured by the United States or any
agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as
amended (the "Code").
16. Prior Bonds: Security. Until retirement of the Prior Bonds, all provisions for the security thereof
shall be observed by the City and all of its officers and agents.
17. Special Assessments. The City has heretofore levied special assessments pursuant to the Prior
Resolution, which have been pledged to the payment of the principal and interest on the Prior Bonds. All
uncollected special assessments are now pledged to the payment of principal of and interest on the
Bonds. The special assessments are such that if collected in full they, together with estimated
collections of taxes herein pledged for the payment of the Bonds, will produce at least five percent (5%)
in excess of the amount needed to meet when due the principal and interest payments on the Bonds.
18. Tax Levy: Coverage Test: Cancellation of Certain Tax Levies. 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 general property taxes in the City for the years and in the amounts:
Year of Year of Tax
Tax Levv Collection Amount
The tax levies are such that if collected in full they, together with estimated collections of special
assessments and other revenues herein pledged for the payment of the Bonds, will produce at least five
percent (5%) 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, Subdivision 3.
June 9, 2008 45
City Council Meeting Minutes
Upon payment of the Prior Bonds, the uncollected taxes pledged in the Prior Resolution
authorizing the issuance of the Prior Bonds, shall be canceled.
19. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The
City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the
Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of
1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described
to:
(a) Provide or cause to be provided to each nationally recognized municipal securities information
repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of
Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual
financial information and operating data in accordance with the Undertaking. The City reserves the right
to modify from time to time the terms of the Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal
Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material
events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and
(ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the
City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the
Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on
behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be
limited to a right to obtain specific enforcement of the City's obligations under the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place
(the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in
substantially the form presented to the City Council subject to such modifications thereof or additions
thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the
Bonds, and (iii) acceptable to the Officers.
20. General Obligation Pledge. 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 ever insufficient to
pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the
deficiency shall be promptly paid out of any other funds of the City which are available for such purpose,
and such other funds may be reimbursed with or without interest from the Debt Service Account when a
sufficient balance is available therein.
21. Redemption of Prior Bonds. The Prior Bonds which mature on and after February 1, 2009,
shall be redeemed and prepaid on August 1, 2008, in accordance with the terms and conditions set forth
in the Notices of Call for Redemption attached hereto as Exhibit A and Exhibit B, which terms and
conditions are hereby approved and incorporated herein by reference.
22. Certificate of Registration. The 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 the
County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been
entered in the County Auditor's Bond Register and that the tax levy required by law has been made.
June 9, 2008 46
City Council Meeting Minutes
23. Records and Certificates. The officers of the City are hereby authorized and directed to
prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the
Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the
financial condition and affairs of the City, and such other affidavits, certificates and information as are
required to show the facts relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not
to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds (the "Project"),
or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of
the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of
Sections 103 and 141 through 150 of the Code.
25. Tax -Exempt Status of the Bonds: Rebate: Elections. The City shall comply with requirements
necessary under the Code to establish and maintain the exclusion from gross income under Section 103
of the Code of the interest on the Bonds, including without limitation (a) requirements relating to
temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on
the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to
satisfy the six-month expenditure exemption from gross proceeds of the Bonds as provided in Section
1.148-7(c) of the Regulations. The Mayor and/or Clerk, are hereby authorized and directed to make
such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary,
appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be
deemed and treated as, elections of the City.
26. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Bonds as "qualified tax
exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the
following factual statements and representations:
(a) the Bonds are issued after August 7, 1986;
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c) the City hereby designates the Bonds as "qualified tax exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax exempt obligations (other than private activity
bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be
issued by the City (and all entities treated as one issuer with the City, and all subordinate
entities whose obligations are treated as issued by the City) during this calendar year
2008 will not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this calendar year
2008 have been designated for purposes of Section 265(b)(3) of the Code; and
(f) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for
purposes of Section 265(b)(3) of the Code;
(g) the aggregate face amount of the Bonds does not exceed $10,000,000;
(h) the average maturity of the Bonds does not exceed the remaining average maturity of
the Refunded Bonds;
June 9, 2008 47
City Council Meeting Minutes
(i) no part of the Bonds has a maturity date which is later than the date which is thirty
years after the dates the Refunded Bonds were issued; and
0) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the
meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the
$10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of
the Prior Bonds.
The City shall use its best efforts to comply with any federal procedural requirements which may apply in
order to effectuate the designation made by this paragraph.
27. Defeasance. When all Bonds have been discharged as provided in this paragraph, all
pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds
shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any
Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge
its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing
and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution
qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes,
Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on
such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due
thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such
earlier redemption date.
28. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is
hereby supplemented to the extent necessary to give effect to the provisions hereof.
29. Severability. If any section, paragraph or provision of this Resolution shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or
provision shall not affect any of the remaining provisions of this Resolution.
30. Headings. Headings in this Resolution are included for convenience of reference only and are
not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember
Hoielle and, after a full discussion thereof and upon a vote being taken thereon, the following voted in
favor thereof: All (5)
and the following voted against the same: None
Whereupon the Resolution was declared duly passed and adopted.
STATE OF MINNESOTA
June 9, 2008 48
City Council Meeting Minutes
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota,
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 providing for the issuance and sale of $1,070,000 General Obligation Improvement
Refunding Bonds, Series 2008B.
th
WITNESS my hand this 9 day of June, 2008.
Karen Guilfoile, City Clerk
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1998A
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
August 1, 2008
those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series
1998A, dated as of September 1, 1998, having stated maturity dates in the years 2009 through 2019,
inclusive, and totaling $565,000 in principal amount. The bonds are being called at a price of par plus
accrued interest to August 1, 2008, on which date all interest on the bonds will cease to accrue. Holders
of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S.
Bank National Association. (successor to Norwest Bank Minnesota, National Association), Attention:
June 9, 2008 49
City Council Meeting Minutes
Paying Agent Services, 180 East Fifth Street, St. Paul, Minnesota 55101.
Dated: June 9, 2008
BY ORDER OF THE CITY COUNCIL
Karen Guilfoile, City Clerk
Important Notice: Under the Interest and Dividend Compliance Act of 1983 31% will be withheld if
tax identification number is not properly certified.
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1999A
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
August 1, 2008
those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series
1999A, dated as of October 1, 1999, having stated maturity dates in the years 2009 through 2015,
inclusive, and totaling $475,000 in principal amount. The bonds are being called at a price of par plus
accrued interest to August 1, 2008, on which date all interest on the bonds will cease to accrue. Holders
of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S.
Bank National Association. (successor to Firstar Bank, N.A.), Attention: Paying Agent Services, 180 East
Fifth Street, St. Paul, Minnesota 55101.
June 9, 2008 50
City Council Meeting Minutes
Dated: June 9, 2008
BY ORDER OF THE CITY COUNCIL
Karen Guilfoile, City Clerk
Important Notice: Under the Interest and Dividend Compliance Act of 1983 31% will be withheld if
tax identification number is not properly certified.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — All
6. Maplewood City Manager Search — Consider RFP for Recruiting Firm.
a. City Attorney, Alan Kantrud gave the report and answered questions of the council.
Councilmember Nephew moved to direct staff to revise and update the RFP and add to the scope
of services specifying that the council expects the firm to work with a group of Maplewood
citizens, commission members, business owners and city employees in setting the appropriate
standards for the position of City Manager and for evaluating candidates. Furthermore directing
staff to send out the RFP to a list of not less than four firms.
Mayor Longrie made a friendly amendment to include citizens, commission members, business
owners, and city employees in the process.
The friendly amendment was accepted.
June 9, 2008 51
City Council Meeting Minutes
Seconded by Councilmember Rossbach. Ayes — Mayor Longrie,
Councilmembers Hjelle,
Nephew & Rossbach
Abstain —Councilmember Juenemann
The motion passed.
L. NEW BUSINESS
Salvation Army Church Expansion (2080 Woodlynn Avenue).
a. Conditional Use Permit Revision
b. Design Approval
c. Planner, Ken Roberts gave the report and answered questions of the council.
d. Planning Commissioner, Joseph Bessler gave the Planning Commission report.
e. Project Architect, Ken Nordby, NAI Architects, 1959 Sloan Place, St. Paul,
representing Salvation Army, addressed and answered questions of the council.
Councilmember Hjelle moved to approve the Conditional Use Permit Revision for the Salvation
Army Facility Expansion at 2080 Woodlynn Avenue.
RESOLUTION 08-06-090
CONDITIONAL USE PERMIT REVISION
WHEREAS, The Salvation Army applied for a revision to their conditional use permit to
expand their existing facility to add office and administrative space.
WHEREAS, this permit applies to 2080 Woodlynn Avenue. The legal description is:
NW'/4 of the NE'/4 of the W 165 feet of the S 368 feet of Section 2, Township 29, Range 22, and
also that part of NW'/4 of the NE'/4 of the W 527.26 feet of the E 263.63 feet of the S 320 feet
lying south of Woodlynn and E of Ariel all in Section 2, Township 23, Range 22. (Property
Identification Number: 02-29-22-12-0043)
WHEREAS, the history of this conditional use permit is as follows:
On May 20, 2008, the planning commission held a public hearing to review this request.
The city staff published a notice in the paper and sent notices to the surrounding property
owners. The planning commission gave persons at the hearing a chance to speak and
present written statements. The planning commission also considered reports and
recommendations of the city staff. The planning commission recommended that the city
council approve the conditional use permit revision.
2. The city council reviewed this proposal and considered the planning commission's
recommendation on June 9, 2008. The council also considered reports and
recommendations of the city staff and those in attendance.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described conditional use permit revision for the Salvation Army Church at 2080 Woodlynn
Avenue because:
June 9, 2008 52
City Council Meeting Minutes
The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor,
fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to compliance with the following conditions:
All construction shall follow the site plan dated April 21, 2008, as approved by the city. City
staff may approve minor changes.
2. The owner or contractor shall start the proposed building additions within one year as
required by ordinance. The council may extend this deadline for one year.
3. The city council shall review this permit revision in one year.
The Maplewood City Council approved this resolution on June 9, 2008.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
Councilmember Juenemann moved to approve the Design Approval for the project plans dated
April 21, 2008, for the remodeling and expansion of the Salvation Army Lakewood Chapel at
2080 Woodlynn Avenue. The city bases this approval on the findings required by the code. This
approval is subject to the applicant or contractor doing the following:
Repeat this review in two years if the city has not issued a building permit for this
project.
June 9, 2008 53
City Council Meeting Minutes
2. Complete the following before the city issues a grading or building permit:
a. Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, retaining wall, tree, sidewalk,
driveway and parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation, water elevation and contour information.
(b) Include contour information for all the land that the construction will disturb.
(c) Show sedimentation basins or ponds as may be required by the watershed board or
by the city engineer. The ponds or basins shall meet the city's design standards and
shall include best management practices and rainwater gardens wherever practical.
(d) Show all proposed slopes steeper than 3:1 on the proposed construction plans. The
city engineer shall approve the plans, specifications and management practices for
any slopes steeper than 3:1. This shall include covering these slopes with wood -fiber
blankets and seeding them with a "no mow" native vegetation rather than using sod or
grass.
(e) Show all retaining walls on the plans. Any retaining walls more than four feet tall
require a building permit from the city and a fence on the top to help prevent falls. The
design and materials for the retaining walls are subject to staff approval.
(f) Show all public and private sidewalks.
(3) The tree plan shall:
(a) Be approved by the city engineer or city environmental planner before site grading or
tree removal.
(b) Show where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
(c) Show the size, species and location of the replacement trees. The spruce and pine
trees shall be at least eight feet tall and shall be Austrian Pines or Black Hills spruce.
(d) Show no tree removal beyond the approved grading and tree limits.
(4) Make all the changes and meet all the conditions as required by the city engineer and as
noted by Steve Kummer in the memo dated May 8, 2008.
b. Submit a certificate of survey for all new construction.
c. Submit a revised landscape plan to staff for approval that incorporates or shows the following
details:
(1) The location of all large trees on the site.
(2) That all new trees would be consistent with city standards for size, location and species.
(3) The plantings proposed around the building shown on the landscape plan date-stamped
June 9, 2008 54
City Council Meeting Minutes
April 21, 2008, shall remain on the plan.
(4) No landscaping being put in the Woodlynn Avenue boulevard. The contractor shall restore
the boulevard with sod.
d. If necessary, get the approvals and permits from the watershed district.
e. Provide city staff with design details (height, depth and materials) about the proposed
retaining walls, including any fencing for those that are more than four feet tall.
f. Submit to the city a letter of credit or cash escrow for all required exterior improvements.
The amount of the escrow shall be 150 percent of the cost of the work.
3. Complete the following before occupying the building additions:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the ponding
areas, which may be seeded.
c. Install a handicap -parking sign for each handicap -parking space and an address on the
building. In addition, the applicant shall install "no parking" signs along all the driveways and
drive aisles within the site and elsewhere, as may be required by staff.
d. Paint any visible roof -top mechanical equipment to match the uppermost part of the building.
(code requirement)
e. Install on-site lighting for security and visibility that follows the approved site lighting plan. All
exterior lighting shall follow the approved lighting plan that shows the light spread and fixture
design. All light fixtures must have concealed lenses and bulbs to properly shield glare from
the adjacent street right-of-ways and from adjacent properties.
f. The developer or contractor shall:
(1) Complete all grading for the site drainage and meet all city requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The above -required letter of credit or cash escrow is held by the city for all required exterior
improvements. The owner or contractor shall complete any unfinished landscaping by June 1
if the contractor finishes the new parking lot in the fall or winter or if the building additions are
occupied in the fall or winter, or within six weeks of occupancy if the building additions are
occupied in the spring or summer.
c. The city receives an agreement that will allow the city to complete any unfinished work.
5. All work shall follow the approved plans. City staff may approve minor changes to the project
plans.
6. This approval does not include signage. All proposed signs must be approved the community
design review board and the applicant shall get sign permits from the city before the installation
of any signs.
June 9, 2008 55
City Council Meeting Minutes
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Adoption of 2009-2013 Capital Improvement Plan.
a. Finance Director, Bob Mittet gave the report and answered questions of the
council.
b. Acting City Manager, Public Works Director, Chuck AN reported and answered
questions of the council.
C. Planning Commissioner, Joseph Bessler gave the Planning Commission report.
d. Parks Commissioner, Peter Fischer gave the Parks Commission report and gave
the council a handout to review.
Mayor Longrie asked if anyone in the audience wanted to speak regarding this item.
Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke about the debt and investments
in the city and his concern that the city is passing the debt along to future generations in
Maplewood.
Councilmember Hjelle moved to table the 2009-2013 Capital Improvement Plan for a workshop
discussion including the Planning Commission and Parks Commission.
Councilmember Nephew made a friendly amendment to include the Planning Commission and
Parks Commission in the workshop discussion.
The friendly amendment was accepted.
Seconded by Councilmember Rossbach. Ayes — All
The motion to table passed.
3. Rush Line Corridor Task Force — Consider Resolution Approving Amended and
Restated Joint Powers Agreement.
a. Acting City Manager, Public Works Director, Chuck AN gave the presentation.
Councilmember Nephew moved to approve the Resolution Approving the Amended and Restated
Joint Powers Agreement for the Rush Line Corridor.
RESOLUTION 08-06-091
WHEREAS, the Rush Line Corridor is defined as the transit way corridor originating in
St. Paul in Ramsey County and extending north from Ramsey County and through Washington,
Chisago, Pine, and Carlton Counties to Duluth in St. Louis County; and
WHEREAS, the City of Maplewood, is committed to preserving this corridor for future rail transit
alternatives; and
and
WHEREAS, The Rush Line Corridor has significant transportation, safety, and land use issues;
June 9, 2008 56
City Council Meeting Minutes
WHEREAS, There are opportunities for a variety of multi -modal transportation improvements in
the corridor, including highway, commuter and freight rail, bus rapid transit, multi -use paths and/or
recreational trails including bicycle trails, and Intelligent Transportation Systems (ITS); and
WHEREAS, The Rush Line Corridor Task Force consists of cities, counties and towns from St.
Paul to Duluth; and
WHEREAS, the City of Maplewood, wishes to collaboratively plan for multi -modal transportation
improvements to the corridor and for the related land use and development impacts; and
WHEREAS, The Task Force has completed a transit study on the Rush Line Corridor, and
determined that planning for bus, bus rapid transit, and commuter rail in the Rush Line Corridor should
continue; and
WHEREAS, the Minnesota Department of Transportation has completed a study of the
restoration of passenger service from the Twin Cities to Duluth and the Iron Range, and determined that
additional analysis should continue; and
WHEREAS, Minn. Stat. § 174.80 et seq. grants authority and responsibility to MN/DOT to design,
develop, construct, and operate commuter rail in Minnesota and to enter into agreements with joint
powers boards to carry out these responsibilities; and
WHEREAS, the Rush Line Corridor Task Force intends to work collaboratively with MN/DOT and
the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial
related transit modes in the Rush Line Corridor; and
WHEREAS, it is the desire of the parties hereto to amend the restate the March 31, 1999,
Joint Powers Agreement; Now Therefore Be It
RESOLVED, That the City of Maplewood approve the Amended and Restated Joint Powers
Agreement for the Rush Line Corridor Task Force and authorizes the Mayor to sign the Amended and
Restated Agreement.
June 9, 2008 57
City Council Meeting Minutes
June 9, 2008 58
City Council Meeting Minutes
June 9, 2008 59
City Council Meeting Minutes
June 9, 2008 60
City Council Meeting Minutes
June 9, 2008 61
City Council Meeting Minutes
June 9, 2008 62
City Council Meeting Minutes
June 9, 2008 63
City Council Meeting Minutes
June 9, 2008 64
City Council Meeting Minutes
June 9, 2008 65
City Council Meeting Minutes
June 9, 2008 66
City Council Meeting Minutes
June 9, 2008 67
City Council Meeting Minutes
Seconded by Councilmember Rossbach. Ayes —Councilmember Juenemann,
Nephew & Rossbach
Nays_— Mayor Longrie and
Councilmember Hjelle
The motion passed.
Mayor Longrie felt she was unable to vote for the change without answers to her questions
regarding the need for funding, use, the current administrative structure and how it is financed.
Mayor Longrie would have preferred to have a representative from the Ramsey County Regional
Railroad Authority present to answer the questions that were raised by the council.
Councilmember Juenemann moved to recommend that Mr. Ahl -gather information re-garding the
questions that were raised by the council based on the need for funding, use, the current
administrative structure, financing etc. These answers should be ready prior to the next city
council meeting in case this impacts the decision of the council.
Seconded by Mayor Longrie.
The motion passed.
Ayes — All
Councilmember Nephew made a motion to continue the remainder of the council meetin-g past
the curfew to complete the consent agenda.
Seconded by Councilmember Rossbach.
Staff recommended that the council hear item L4. The St. Paul Police Department Republican
National Convention Joint Powers Agreement.
Councilmember Nephew revised his motion to continue the council meeting past the curfew and
to hear agenda item L4. along with the Consent Agenda items.
Councilmember Rossbach withdrew his second motion.
June 9, 2008
City Council Meeting Minutes
Councilmember Hjelle seconded the motion. Ayes — Mayor Longrie,
Councilmember Hjelle,
Nephew
Nays — Councilmembers Juenemann,
& Rossbach
The motion to continue the council meeting passed.
4. St. Paul Police Department Republican National Convention Joint Powers
Agreement.
a. Maplewood Police Lieutenant, Kevin reported.
Councilmember Juenemann moved to approve the Joint Powers agreement with the St. Paul
Police Department for the Republican National Convention.
JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO
2008 REPUBLICAN NATIONAL CONVENTION
THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as
the "Agreement"), is made effective, except as otherwise made operationally effective as set
forth in Section 4 herein, on this day of , 2008, by and between the CITY OF SAINT
PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting
through its Police Department (hereinafter referred to as the "SPPD") and the CITY OF
MAPLEWOOD, MINNESOTA, a municipal corporation acting through its Police
Department(hereinafter referred to as the "Provider').
WHEREAS, the City is a host city for the 2008 National Republican Convention to be held
between September 1, 2008, and September 4, 2008, (hereinafter referred to as the "2008
RNC"); and
WHEREAS, the City has entered into a "City Service Agreement For The 2008 Republican
National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota
non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has
agreed to undertake certain public safety and security measures related to the 2008 RNC within
the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to
the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision
of such measures in other locations throughout the greater Saint Paul -Minneapolis metropolitan
area to which the RRT (as defined herein) may be deployed, or such other locations that may be
subject to a Unified Command (as defined herein) (hereinafter such above-described locations
shall be collectively referred to as the "Security Event");
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the
public safety and security measures required of an event the size and unique nature of the 2008
RNC; and
WHEREAS, the Maplewood Police Department provides law enforcement services to the
Provider pursuant to the police powers and law enforcement authority granted under the laws of
the State of Minnesota; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the SPPD with the
Security Event; and
June 9, 2008 69
City Council Meeting Minutes
WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the
"RRT"), comprised of licensed peace officers employed by the SPPD and certain other law
enforcement organizations, that will be established for the sole and exclusive purpose of
providing public safety-related aid and assistance to law enforcement organizations throughout
the greater Saint Paul -Minneapolis metropolitan area that have entered into an agreement with
the City, similar to this Agreement, provided that such aid and assistance is actually and directly
related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary
circumstances, all as more fully set forth in Section 3.6 herein.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59,
commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and
626.77, and in consideration of the mutual covenants herein contained and the benefits that each
party hereto shall derive hereby, the Parties agree as follows:
PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-LPOS
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will
provide the City with the professional services of those certain licensed peace officers identified
on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall
be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event, and
to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail
itself of the aid and assistance of the RRT.
1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with
persons who are employed and actively utilized by the Provider in a public safety capacity who
do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety
training and experience may enable such persons to provide further assistance to the SPPD with
regard to the Security Event (hereinafter such persons are identified on Attachment B attached
hereto, and shall be collectively referred to herein as the "Non-LPOs") (an example of a Non-
LPOs might include parking enforcement and/or traffic control officers, detention staff, special
deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use
any Non-LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non-
LPOs will be used, and such writing will be incorporated as an addendum to this Agreement.
1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge
and agree that resource availability requires Provider to exercise its best judgment in prioritizing
and responding to the public safety needs of its jurisdiction including, but not limited to, the
Security Event. That prioritization decision belongs solely to Provider. This Agreement does not
entitle City or the Security Event to a higher priority or special consideration during Provider's
prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to
be in Provider's best interest to do so.
1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections
626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads:
"(1) the peace officer has successfully completed professionally recognized peace officer pre-
employment education which the Minnesota Board of Peace Officer Standards and Training has
found comparable to Minnesota peace officer pre-employment education; and
(2) the officer is duly licensed or certified by the peace officer licensing or certification authority of
the state in which the officer's appointing authority is located."
2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees
that each of the LPOs shall also meet the following criteria:
June 9, 2008 70
City Council Meeting Minutes
A. That each LPO shall by reason of experience, training and physical fitness be deemed
in the sole discretion of the SPPD, that she/he is capable of performing the duties required
by the SPPD of each such LPO during the Security Event; and
B. That: (i) each LPO shall have been employed as a licensed peace officer for a
minimum of two (2) years in the United States; or (ii) in the event that an LPO has been
employed as a licensed peace officer for less than two (2) years in the United States, that
such LPO will at all times when providing the services described in this Agreement, be
directly supervised by an LPO who in addition to satisfying the minimum criteria described
in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience
generally recognized and accepted throughout the greater Saint Paul -Minneapolis law
enforcement community; and
C. That each of the LPOs are officers in good standing with the Provider. Throughout the
term of this Agreement, the Provider shall promptly notify the SPPD in the event that any
LPO is no longer an officer in good standing with the Provider.
D. That throughout the term of this Agreement and subject to Chapter 13, Minnesota
Statutes, commonly known as the "Minnesota Governmental Data Practice Act'
(hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form
attached hereto as Attachment C, to the SPPD of any public data, as defined by the
MGDPA, related to internal affairs type of investigations either pending and/or sustained
against any LPO during the past three (3) years, involving
excessive/unnecessary/unreasonable use of force, improper conduct or conduct
unbecoming of a licensed law enforcement officer; and
E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be
equipped and/or supplied by Provider at Provider's own expense, with a seasonally
appropriate patrol uniform of the day and equipment, including but not limited to service
belts with Provider radio equipment, service weapon and personal soft ballistic body
armor that are required to be worn by each LPO while on duty for the Provider; see
Attachment E attached hereto for uniform and equipment list; and
F. That Provider shall furnish all of the information required in Attachments -- A and B
attached hereto, for each LPO and Non -LPO, no later than ten (10) business dayafter
the effective date of this Agreement, with the understanding that the City will hold the data
in the same classification as the Provider does under the MGDPA.
2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City
has the sole discretion to decline to accept and/or use any LPO or Non -LPO without cause or
explanation.
2.2 The Provider agrees to provide the City with the following services:
A. That upon reasonable advance written notification from the SPPD, each
LPO so designated by the SPPD shall participate in training activities
related to the Security Event, that are coordinated or conducted by the
SPPD or its designee (hereinafter each such training session shall be
referred to as a "Security Event Training Session") for a period of time
commencing from the Security Event Training Session Commencement
Date to the Security Event Training Session Termination Date as those
respective terms are defined in Section 4 herein; and
B. That upon reasonable advance written notification from the SPPD, each
LPO so designated by the SPPD shall participate in the Security Event for
June 9, 2008 71
City Council Meeting Minutes
a period of time commencing from the Security Event Commencement
Date to the Security Event Termination Date as those respective terms are
defined in Section 4 herein.
C. That each LPO agrees to be placed by the SPPD, if so determined by the
SPPD, in an "On Assignment" status in which the LPO is physically
proximate to a Security Event location within the City of Saint Paul, so as to
be able to physically report in a timely manner to such duty post assigned
by the SPPD prepared to undertake the specific job task or responsibility
assigned to such LPO by the SPPD related to the Security Event.
D. That at the request of the SPPD, each LPO and Non -LPO shall participate
in and/or provide information to and otherwise cooperate with the SPPD in
any "after action activities" following the conclusion of a Security Event
Training Session and/or the Security Event. For purposes of this
Agreement "after action activities" may include, but not be limited to the
following activities related to Security Event Training Sessions and the
Security Event: debriefings of information and experiences, completion of
surveys and questionnaires and assisting and/or participating in any civil
and/or criminal legal proceedings.
2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during
each Security Event Training Session and/or the Security Event, each LPO regardless of such
LPO's rank or job title held as an employee of the Provider, shall be subject to a structure of
supervision, command and control coordinated through a unified law enforcement command and
following unified command principals and practices established throughout the law enforcement
community (herein referred to as "Unified Command").
2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably
requested by the City that the City deems necessary to facilitate and enable compliance with the
terms and conditions contained in this Agreement. By way of illustration only, such cooperation
and information may include, but not be limited to the Provider's timely completion and production
of information required for insurance purposes and audit purposes.
3 CITY RESPONSIBILITIES
3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD
deems necessary. The substance of the training, including the locations, dates and times of any
Security Event Training Session, shall be detailed in a separate writing provided from the SPPD
to the Provider.
3.2 The City anticipates certain financial assistance will be provided to it by the federal government
and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully
and completely fund and/or reimburse the Provider for the necessary costs of participating in the
Security Event Training Session[s], the Security Event, the RRT and any "after action activities"
related thereto. Subject to the City's good faith duty to provide the Provider with as much advance
written notice that is reasonable under the circumstances that the Security Subsidy is insufficient
to reimburse all or a portion of the costs and expenses described in this Agreement, Provider
acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be
limited only to the funds available in the Security Subsidy. In such event, City agrees that funds
available shall be distributed between/among Provider and any other law enforcement
organizations providing services under this or similar agreements in, at least, a ratio based on
each organization's contribution as a share of the total contributions
3.3 Subject to the prior written approval of the City and the Provider's compliance with the
requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the
June 9, 2008 72
City Council Meeting Minutes
Security Subsidy to the Provider for each LPO and Non -LPO whose services are actually utilized
by the SPPD during the Security Event Training Sessions and/or the Security Event, for the
following: the prevailing hourly contract wages at the rate of one and one-half times, together only
with the employer's share of Medicare and PERA contributions being paid by the Provider to each
LPO and Non -LPO (based on such hourly wages and employer's share of Medicare and PERA
contributions described in Attachments A and B attached hereto) at the time the services of such
LPO or Non -LPO have been actually utilized by the SPPD in accordance with this Agreement.
Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in
accordance with this Agreement for any pre -approved reimbursable costs incurred by the
Provider related to the actual participation by an LPO or Non -LPO in a Security Event Training
Session, only upon the satisfaction of one of the following conditions: (a) the actual participation
by such LPO or Non -LPO in the Security Event as required by the SPPD; or (b) such LPO or
Non -LPO, was ready, willing and available to participate in the Security Event as required and
needed by the SPPD hereunder, despite the LPO or Non -LPO not having actually participated in
the Security Event.
3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and
implementation of this Agreement, which responsibilities shall include, but not limited to,
determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom
(hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all
contact or inquiries made by the Provider with regard to this Agreement shall be made directly to
the Coordinator or the Coordinator's designee.
3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this
Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as
Attachment F, and related required documentation.
3.6 The RRT will be established for the sole and exclusive purpose of providing public safety-related
aid and assistance as requested by law enforcement organizations with the legal responsibility for
providing police services to local units of government throughout the Twin Cities metropolitan
area (hereinafter referred to as the "Requesting Party"),who have entered into an agreement
substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is
actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted
by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary
circumstances" shall mean those circumstances that significantly exceed the usual and
customary ability of the Requesting Party to effectively and safely provide police services within
its jurisdictional boundaries (which by way of example only, may include, but not be limited to,
providing security for critical infrastructure, transportation routes and venues and facilities).
Nothing contained in this Agreement shall preclude the Provider from also becoming a
Requesting Party and availing itself of the RRT in accordance with this Section 3.6.
4 TERM OF AGREEMENT
4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall
become operationally effective as follows:
4.1.1 Security Event Training Sessionfsl —The Security Event Training Session
Commencement Date and the Security Event Training Session Termination Date shall be
the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this
Agreement which writing will incorporate the terms and conditions of this Agreement.
4.1.2 Security Event - The Security Event Commencement Date and the Security Event
Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be
provided by the SPPD to the Provider, which writing will incorporate the terms and
conditions of this Agreement.
June 9, 2008 73
City Council Meeting Minutes
4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training
Session Termination Date[s] and the Security Event Termination Date upon verbal or
other non -written notice provided to Provider.
5 BILLINGS AND PAYMENTS
5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby
agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and
this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider
agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate
reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an
amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This
not to exceed amount shall be memorialized in a separate writing that will be incorporated as an
addendum to this Agreement.
5.2 Reimbursement Reauirements
5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent
of the City, any payments due and owing by the City to the Provider for approved
reimbursable costs and expenses described in this Agreement for which the Provider has
completed and delivered to the City all of the documentation required herein, shall be
made no earlier than the Security Event Termination Date. Subject to the conditions
described in this Section 5.2.1, the City shall make every effort to make the payment to
the Provider within thirty-five (35) days after the City's receipt of all of the documentation
required herein.
5.2.2 As a condition precedent to receiving any reimbursement from the City for approved
reimbursable costs and expenses described in this Agreement, the Reimbursement
Payment Form, referenced in Attachment F, attached hereto, must:
A. Be submitted to the City no later than November 15, 2008, unless such deadline is
otherwise extended with the written consent of the City. The Reimbursement
Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial
Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102;
and
B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her
designee, detailing the total amount sought to be reimbursed and a including a
summary narrative and cost overview that provide context to the submission,
including any unusual circumstances, all provided under the following certification:
"1 certify that all information presented in this application supports only costs
incurred for security related services provided for the 2008 Republican National
Convention, and that all information was obtained from payroll records, invoices or
other documents that are available for audit.';- and
C. Include an itemized invoice as specified on checklist; and
D. Include all back-up documentation, as outlined on the checklist provided by the
City to the Provider.
5.2.3 In addition to any other requirements contained herein, Provider agrees that it will
promptly provide to the City upon request, any other information or documentation of
approved reimbursable costs and expenses described in this Agreement as may be
required by the federal government as a condition to the City's receipt of the Security
June 9, 2008 74
City Council Meeting Minutes
Subsidy. All records must be maintained for future audits and the entity being reimbursed
will be fiscally responsible for the results of any such audit.
5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or
designee, Office of Financial Services.
5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement
pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and
that the City shall not be liable for any payment hereunder: (i) to the extent that the
Security Subsidy is insufficient to fully reimburse the Provider and the City provides the
notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of
the Security Subsidy determine, independent of the City and the SPPD, that a cost that
may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for
reimbursement and that any payment for reimbursement previously made by the City to
the Provider is deemed to be ineligible by the funder[s] and is required to be returned to
the funder[s].
5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to
provide in any manner the work or services as agreed to herein, the City reserves the right to
withhold any payment until the City is satisfied that corrective action has been taken or
completed. This option is in addition to and not in lieu of the City's right to termination as
provided in the sections of this Agreement.
6 AGREEMENT MANAGEMENT
6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified
the following person[s] as persons to contact only with regard to the following matters regarding
the Agreement:
(List names) (List responsibilities)
7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION
7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set
forth in this section, except where the context clearly indicates that a different meaning is
intended.
"Work product" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that are used or
belong to SPPD or results from Provider's services under this Agreement.
"Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers,
analyses, whether in written, electronic, or in other format and other evidences used to generate
any and all work performed and work products generated under this Agreement.
"Business records" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and
pertain to work performed under this Agreement.
7.2 All deliverable work products, supporting documentation and business records or copies thereof,
that are needed from or are the results from the Provider's services under this Agreement shall
be delivered to the City either pursuant to this Agreement or upon reasonable request of the City.
7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate
information associated with or generated as a result of the work performed under this Agreement
without prior notice to the other. Except as otherwise required by federal and/or state law, neither
the City nor the Provider shall release, transmit, disclose or disseminate any security information,
June 9, 2008 75
City Council Meeting Minutes
security service or security service data, defined under Minnesota Statutes, Sections 13.37 and
13.861 or any like data, as defined and/or required in all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards.
7.4 In the event of termination, all supporting documents and business records prepared by the
Provider under this Agreement, shall be delivered to the City by Provider by the termination date.
7.5 Both the City and the Provider agree to maintain all business records in such a manner as will
readily conform to the terms of this Agreement and to make such materials available at its office
at all reasonable times during this Agreement period and for six (6) years from the date of the
final payment under the contract for audit or inspection by the City, the Provider, the Auditor of
the State of Minnesota, or other duly authorized representative.
7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government
Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and
11; 13.37, Subd. 1 (b), 138.17 and 15.17. All of the data created, collected, received, stored,
used, maintained, or disseminated by the Provider or the City in performing functions under this
Agreement is subject to the requirements of the MGDPA and both the City and the Provider must
comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA
or other Minnesota state laws, state law shall control.
8 EQUAL OPPORTUNITY EMPLOYMENT
Neither the City nor the Provider will discriminate against any employee or applicant for
employment for work under this Agreement because of race, creed, religion, color, sex, sexual or
affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or
status with regard to public assistance and will take affirmative steps to ensure that applicants are
employed and employees are treated during employment without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading, demotion,
or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of
compensation; and selection for training, including apprenticeship.
9 COMPLIANCE WITH APPLICABLE LAW
Both the City and the Provider agree to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency of
such governmental units, which are now or hereafter promulgated insofar as they relate to their
respective performances of the provisions of this Agreement.
10 CONFLICT OF INTEREST
10.1 Both the City and the Provider agree that it will not contract for or accept employment for the
performance of any work or services with any individual, business, corporation, or government
unit that would create a conflict of interest in their respective performances of their obligations
pursuant to this Agreement.
10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with
Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted
by law, no City official or employee shall be a party to or have a direct financial interest in any
sale, lease, or contract with the City."
10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest
become known, the party learning of such conflict or potential conflict shall advise the other party
of the situation so that a determination can be made about each party's ability to continue
performing services under this Agreement.
11 INSURANCE
June 9, 2008 76
City Council Meeting Minutes
11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance
coverage in which the Provider shall be covered as a named insured party:
A. Police Professional Insurance (the "Insurance Coverage") providing coverage for
claims arising out of actions of each LPO and Non -LPO who provide security and law
enforcement during the convention and convention related events with a limit of coverage
not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance
provided to the Provider providing at least a ten (10) day notice of cancellation or any
significant material change in coverage.
11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance
Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by
reference.
11. 1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide
coverage during the time period set forth in the Policy.
11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the
Insurance Coverage by timely providing information as reasonably requested by said
insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include,
but not be limited to both the underwriting process and the claims process, and this
obligation shall survive and extend if necessary, beyond the termination of this
Agreement.
11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The
Provider will maintain workers' compensation insurance or self-insurance equivalent coverage,
covering each of its own LPOs and Non-LPOs while such LPOs and Non-LPOs are providing
services pursuant to this Agreement. The Provider waives the right to sue any other party for any
workers' compensation benefits paid to its own LPOs or Non-LPOs and any dependants of such
LPOs and Non-LPOs, even if the injuries were caused wholly or partially by the negligence of any
other party.
12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT
12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it
is understood and agreed by the parties hereto that, at all times and for all purposes within the
scope of the Agreement, the relationship of the Provider to the City is that of independent
contractor and not that of employee. No statement contained in this Agreement shall be
construed so as to find the Provider or the LPOs and Non-LPOs, to be employees of the City, and
the Provider shall be entitled to none of the rights, privileges, or benefits of City employees.
12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required
to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified
Command. In the event that a conflict exists between the Provider's rules of conduct and the
SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct,
the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary
matters involving LPOs to the Provider for an investigation. Based on the judgment of the
Coordinator or his designee, if a particular matter represents probable cause for the issuance of a
criminal complaint, the matter shall be referred directly to an external law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
13 SUBCONTRACTING.
Both the City and the Provider agree not to enter into any subcontracts for any of the work
contemplated under this Agreement without obtaining prior written approval of the other party.
June 9, 2008 77
City Council Meeting Minutes
14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES
14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of
its officials, employees, representatives and agents in carrying out the terms of this Agreement
and the results thereof to the extent authorized by law and shall not be responsible for the acts
and/or omissions of the other party and the results thereof. Notwithstanding the foregoing,
nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and
benefits either party has with regard to its status under the insurance coverage described in
Section 11 of this Agreement.
14.2 It is understood and agreed that each party's liability shall be limited by the provisions of
Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law.
Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or
amend any defense or immunity that either party, their respective officials and employees, may
have under said Chapter 466, or any common-law immunity or limitation of liability, all of which
are hereby reserved by the parties hereto.
15 ASSIGNMENT
The City and the Provider each binds itself and its successors, legal representatives, and assigns
of such other party, with respect to all covenants of this Agreement; and neither the City nor the
Provider will assign or transfer their interest in this Agreement without the written consent of the
other.
16 EVENTS OF DEFAULT; TERMINATION
16.1 By the City - The City may terminate this Agreement based on the occurrence of any of the
following events:
A. the cancellation of the 2008 RNC;
B. the determination made in the sole discretion of the City, that the Security
Subsidy is insufficient to reimburse all or a portion of the costs and
expenses described in Section 3 of this Agreement, which determination
must be made and disclosed to the Provider prior to the Security Event
Commencement Date;
C. the failure of the Host Committee to purchase and provide the insurance
coverage described in Section 11 of this Agreement in a timely manner
determined by the City;
D. the failure of the Provider to comply with or perform any term, condition or
obligation contained in this Agreement and to fail to cure such default
within seven (7) calendar days after the City or SPPD provides Provider
with notice of such default.
16.2 By the Provider - The Provider may terminate this Agreement based on the occurrence of any of
the following events:
A. without cause, prior to any Security Event Training Session[s]
Commencement Date[s] in which any of the Provider's LPOs shall
participate;
B. the cancellation of the 2008 RNC;
June 9, 2008 78
City Council Meeting Minutes
C. the failure of the Host Committee to provide the Provider with evidence in
the form of a certificate of insurance naming the Provider as a named
insured in the policy of insurance coverage described in Section 11 of this
Agreement;
D. the Provider's receipt of the notice described in Section 3.2 of this
Agreement;
E. the failure of the City to comply with or perform any term, condition or
obligation contained in this Agreement and to fail to cure such default
within seven (7) calendar days after the Provider provides the SPPD with
notice of such default.
16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice
of an event of default in this Section 16, to the other party that is reasonable under the
circumstances.
16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and
faithfully rendered up to the receipt of the notice of termination and thereafter until the date of
termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider
shall be entitled to the recovery of any consequential damages or attorney fees related to an
event of default hereunder.
17 GOOD FAITH DISPUTE RESOLUTION
The City and the Provider shall cooperate and use their best efforts to ensure that the various
provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good
faith and in an equitable and timely manner. In the event such a dispute arising out of or relating
to this Agreement or breach thereof cannot be resolved exclusively among the parties, such
dispute shall be referred to non-binding mediation before, and as a condition precedent to, the
initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to
four hours of mediation. The mediator shall be selected by the parties, or if the parties are unable
to agree on a mediator then any party can request the administrator of the Ramsey County
District Court Civil ADR Program and/or similar person, to select a person from its list of qualified
neutrals. All expenses related to the mediation shall be borne by each party, including without
limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all
defense based on the passage of time are tolled while the mediation procedures are pending,
and for a period of 30 days thereafter.
18 AMENDMENT OR CHANGES TO AGREEMENT
18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be
valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and
necessary authority has been acquired by each such party.
18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or
causes of action which have accrued prior to the effective date of such amendment, modification,
or supplement. The term "this Agreement" as used herein shall be deemed to include any future
amendments, modifications, and additional schedules made in accordance herewith.
19 NOTICES
June 9, 2008 79
City Council Meeting Minutes
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail, Return
Receipt Requested. Any notices or other communications shall be addressed as follows:
To City: City of Maplewood To Provider: Maplewood Police Department
20 WAIVER
Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver
or a termination of that right, this Agreement, or any of this Agreement's provisions.
21 SURVIVAL OF OBLIGATIONS
21.1 The respective obligations of the City and Provider under these terms and conditions, which by
their nature would continue beyond the termination, cancellation, or expiration hereof, shall
survive termination, cancellation or expiration hereof.
21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a
provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so
terminated but the parties hereto legally, commercially, and practicably can continue this
Agreement without the terminated provision, the remainder of this Agreement shall continue in
effect.
22 INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
23 FORCE MAJEURE
Neither the City nor the Provider shall be held responsible for performance if its performance is
prevented by acts or events beyond the party's reasonable control, including, but not limited to:
severe weather and storms, earthquake or other natural occurrences, strikes and other labor
unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military
emergencies, or acts of legislative, judicial, executive, or administrative authorities.
24 ENTIRE AGREEMENT
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this
Agreement, the day and year first above written.
CITY OF SAINT PAUL
By:
Its: Mayor
Date:
CITY OF MAPLEWOOD
By:
Its: Mayor
Date:
June 9, 2008
City Council Meeting Minutes
:E
Approval Recommended:
Bv:
Its: Chief of Police
Saint Paul Police Department
By:
Its: Director, Office of Financial Services
By:
Its: Director, Department of Human Rights
Approved as to form and legality:
By:
Its: Assistant City Attorney
Funding:
Activity # and Activity Manager Signature
Seconded by Councilmember Hjelle.
The motion passed.
M. CONSENT AGENDA
Approval Recommended:
By:
Its: Chief of Police
Maplewood Police Department
By:
Its: Finance Director
Approved as to form and legality:
By:
Its: City Attorney
Provider's Taxpayer I.D. No.
Ayes — All
1. Councilmember Hjelle moved to approve items 3, 4, and items 6-15.
Seconded by Councilmember Nephew.
The motion passed.
2. Councilmember Nephew moved to approve item 1.
Seconded by Councilmember Juenemann.
The motion passed.
3. Councilmember Hjelle moved to approve item 2.
Seconded by Councilmember Nephew.
The motion passed.
4. Councilmember Hjelle moved to approve item 5.
June 9, 2008
City Council Meeting Minutes
Ayes — Al I
Ayes — Mayor Longrie,
Councilmember Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
Ayes — Al I
81
Seconded by Councilmember Nephew.
The motion passed.
Ayes — All
Councilmember Juenemann was absent.
Councilmember Hielle requested that as a rule Consent Agenda item M1. Approval of Claims
be a separate Consent Agenda Item from the remainder of the Consent Agenda items to be
voted on by the council.
Acting City Manager, Mr. Ahl agreed to that request.
1. Councilmember Nephew moved Approval of Claims.
ACCOUNTS PAYABLE:
$ 299,435.10 Checks # 75455 thru # 75509
Dated 05/07/08 thru 05/13/08
$ 324,198.24 Disbursements via debits to checking account
Dated 05/01/08 thru 05/08/08
$ 420,427.06 Checks # 755510 thru # 75565
Dated 05/15/08 thru 05/20/08
$ 157,761.82 Disbursements via debits to checking account
dated 05/08/08 thru 05/15/08
$ 1,201,822.22 Total Accounts Payable
PAYROLL
$ 463,087.22 Payroll Checks and Direct Deposits dated 05/16/08
$ 3,968.81 Payroll Deduction check #1005240 thru #1005242
dated 05/16/08
$ 467,056.03 Total Payroll
$ 1,668,878.25 GRAND TOTAL
Seconded by Councilmember Juenemann.
The motion passed.
Ayes — Mayor Longrie,
Councilmember Juenemann,
Nephew & Rossbach
Nay — Councilmember Hjelle
2. Councilmember Hielle moved to approve the Final Plat date-stamped May 15, 2008, — Heritage
Square Fifth Addition (County Road D, west of Highway 61).
a. Mr. Shawn Siders, K. Hovnanian Homes, addressed and answered questions of the
council regarding the trails.
Seconded by Councilmember Nephew. Ayes — All
June 9, 2008 82
City Council Meeting Minutes
The motion passed.
3. Councilmember Hielle moved to approve the Conditional Use Permit— Menards (2280
Maplewood Drive) and review the CUP again in one year or sooner.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
4. Councilmember Hielle moved to approve the Conditional Use Permit— Dearborn Meadows PUD
(Castle Avenue and Castle Court) and review the CUP again in one year or sooner.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
5. Councilmember Hielle moved to approve the Authorization to Enter into Aareement to Receive
Web Services from CivicPlus.
a. Acting City Manager, Chuck Ahl answered questions of the council regarding Civic Plus
and the difference between CivicPlus and other systems that were mentioned by Mayor
Longrie. This CivicPlus system is used by the City of Roseville and Mr. Ahl said if the
council was interested in seeing an example of that system to go to the City of Roseville's
website.
Mayor Longrie asked if anyone wanted to speak regarding this issue.
Bob Zick, 2515 White Bear Avenue asked several questions regarding this agenda item and of
the City of Maplewood website, cost of the service, training employees to use the system, why
the Maplewood Community Center doesn't have their own website, and other miscellaneous
questions. (Mr. Ahl could not answer all of Mr. Zick's questions therefore, due to IT Director, Mr.
Fowlds absence from this meeting Mr. Fowlds would have to follow up with answers to Mr. Zick's
questions.
June 9, 2008 83
City Council Meeting Minutes
June 9, 2008 84
City Council Meeting Minutes
June 9, 2008 85
City Council Meeting Minutes
Seconded by Councilmember Nephew. Ayes — All
June 9, 2008 86
City Council Meeting Minutes
(Councilmember Juenemann left the meeting before the motion was made)
The motion passed.
6. Councilmember Hielle moved to approve the Kohlman Lane Area Street Improvements, City
Project 07-21, Approval of Maintenance Agreement with Ramsey County.
AGREEMENT BETWEEN
CITY OF MAPLEWOOD AND COUNTY OF RAMSEY
FOR CONSTRUCTION AND LONG TERM MAINTENANCE OF STORM WATER PONDS
AND INFILTRATION SWALE
NORTH KOHLMAN MARSH PROTECTION OPEN SPACE
This Agreement is between Ramsey County, Minnesota, a political subdivison of the State of
Minnesota, on behalf of the Parks and Recreation Department, 2015 North Van Dyke Street, Maplewood
MN 55109 ("County") and the City of Maplewood, a municipal corporation of the State of Minnesota,
1830 County Road B East, Maplewood MN 55109 ("City").
WHEREAS, The City is reconstructing Kohlman Lane including new curb and gutter, paving and
storm water drainage structures; and
WHEREAS, Existing storm water from Kohlman Lane drains unimpeded into Kohlman Lake and
the Keller Chain of Lakes; and
WHEREAS, A segment of the proposed newly improved roadway is adjacent to the North
Kohlman Marsh Protection Open Space Site, owned by the County; and
WHEREAS, The City has requested permission from the County to construct two small storm
water ponds and one infiltration swale on the County Open Space Property and to direct roadway storm
water drainage via storm sewer inlets and pipes to these areas; and
WHEREAS, The Ramsey County Parks and Recreation Department has worked with the City to
determine the location, size and shape of the proposed storm water ponds and infiltration swale and the
proposed storm water ponds and infiltration swale are consistent with parks open space use and the
Ramsey County Parks and Recreation Department believes the treatment of storm water runoff will
benefit Kohlman Lake, the Keller Chain of Lakes and Keller Regional Park; and
WHEREAS, The City will be responsible for all costs associated the design, construction, planting
and on-going maintenance of the two storm water ponds and the infiltration swale; and
NOW, THEREFORE, in consideration of the mutual covenants and promises made herein, the
parties agree as follows:
SECTION 1
TERMS
June 9, 2008 87
City Council Meeting Minutes
1) The City may construct two (2) storm water ponds and one (1) infiltration swale on County
property in the North Kohlman Marsh Protection Open Space Site as described as follows:
That part of Government Lot 1 and the Northeast quarter of the Southwest quarter of
Section 4, Township 29, Range 22, Ramsey county Minnesota, lying Northwesterly of the
centerline of Kohlman Lane as described in Document No. 1512375 and lying
Northeasterly of the extension of the northeast line of Lot 3, Kohlman's Division and lying
East and Southeast of the following described line: Beginning at the Northeast corner of
said government Lot 1; thence South along the east line of said Government Lot 1 for 660
feet; thence S.520W., 600 feet and there terminating; and lying South of the following
described line; commencing at the northwest corner of said Northeast quarter; thence
South along the west line of said Northeast quarter of Southwest quarter for 468.78 feet to
the point of beginning; thence southeasterly deflecting to the left 55046' to Kohlman Lane
and there terminating; except that part which lies within the following described tract:
Commencing at the southwest corner of said Northeast quarter to Southwest quarter;
thence N.11°30'E., 90 feet to the point of beginning; thence N.270E., 50 feet; thence
N630W., 50 feet; thence S.630E., 200 feet to the point of beginning and there terminating;
subject to Kohlman lane and,
That part of Lot 3, Kohlman's Division and that part of Government Lot 1, Section 4,
township 29, Range22, all in Ramsey County, Minnesota, described as follows:
commencing at the Northeast corner of said Government Lot 1; thence South along the
east line of said Lot 1 for 660 feet; thence S.520W. to the intersection of the Northeast line
of said Lot 3 extended being the point of beginning; thence Southeasterly along the
extended Northeast line of said Lot 3 to the intersection of the centerline of Kohlman Lane
as described in Document No. 1512373; thence Southwesterly along said centerline of
Kohlman Lane to the centerline of an easement for old Kohlman Land described as
follows: commencing at the Northwest corner of the Southeast quarter of the Southwest
quarter of said Section 4; thence N.270W., 165 feet to place of beginning of roadway;
thence S.530W., 200 feet; thence S.600W., 350 feet; thence S.440W., 480 feet to the
intersection with the County Road running around Gervais Lake and there terminating;
thence Southwesterly along the above described centerline, East of the most westerly line
of said Lot 3 to intersect with a line bearing S.520W. from the point of beginning; thence
N.520E. to the point of beginning and there terminating.
2) The City shall construct the two (2) storm water ponds and one (1) infiltration swale as per
the attached plans, Exhibits A, B, and C.
3) The City shall notify the County at least three (3) days in advance of commencing
construction on County property.
4) The project design shall conform to the permit requirements of the Ramsey -Washington
Metro Watershed District. Permit attached to and made part of this Agreement as Exhibit
D.
5) The City shall be responsible for all costs associated with the design, construction,
planting and on-going maintenance of the storm water ponding areas and infiltration
swale.
6) The City shall not assess the County for any costs associated with this project including
construction and on-going maintenance.
7) The County grants the City limited access to the property solely for the purposes of
cleaning, maintaining and ensuring proper functioning of the storm water ponding areas,
infiltration swale and associated storm sewer system.
June 9, 2008 88
City Council Meeting Minutes
8) The City shall perform routine maintenance on the storm water ponding areas, infiltration
swale and associated storm sewer system. Routine maintenance shall include periodic
excavation of collected sediments, trash and other debris, maintenance of plantings,
cleaning of tributary storm sewer as needed, and maintenance of pond components
critical to timely draw -down of pond water level after rain fall events. Prior to all routine
maintenance activities, the City shall contact the County a minimum of 72 hours in
advance of any activities to occur on County property.
9) The County grants the City permission to utilize the equipment and labor necessary for
cleaning and maintenance activities on the ponding and infiltration areas. Equipment for
maintenance activities shall not encroach outside of the boundaries of the highest water
level of the ponds or infiltration swale (refer to Exhibits A, B and C).
10) The City shall be responsible for restoration of all areas disturbed by maintenance
activities. Restoration shall be completed per the original construction plans unless
otherwise agreed to by the County.
11) The City shall be solely responsible for complying with all laws, ordinances, rules or
requirements of any other Federal, State, Municipal or local agencies regarding any
matters relating to the storm water ponding areas and infiltration swale. The City shall
secure all required permits prior to commencing construction.
SECTION 2
DURATION
1) The City shall perform maintenance activities on the storm water ponding areas and
infiltration swale in a timely manner and to the satisfaction of the County. The County
shall submit any requests for maintenance of the ponding area to the City in writing. The
City shall respond to the written request within 30 days of receiving the notice. Upon
responding to the request, the City and County shall coordinate a reasonable time for
performing requested maintenance activities.
2) Should the City not perform the ongoing maintenance activities, deviate from the terms of
Section 1, or not respond to the County within 30 days of a maintenance request, the
County may, with 60 -day written notice, terminate this agreement.
3) Upon termination by the County, the City shall prepare and submit a plan for County
approval for routing of drainage and drainage facilities as part of the Kohlman Lane Area
Street Improvement project. The approved plan shall include restoration of the project
area to the satisfaction of the County and shall be implemented by the City within 120
days of approval by the County.
4) The City may terminate this agreement only after 1) giving 60 days written notice to the
County, and 2) if requested by the County, preparing and submitting a plan for County
approval for routing of drainage and drainage facilities constructed as part of the Kohlman
Lane Area Street Improvement project, and 3) the approved plan shall include restoration
of the project area to the satisfaction of the County and be implemented by the City within
120 days of approval by the County.
5) The City shall be responsible for all costs of implementing the plan approved by the
County.
6) After termination, the parties shall have no further obligation or responsibility under this
Agreement.
SECTION 3
June 9, 2008 89
City Council Meeting Minutes
MEETINGS
1) The City, through its Public Works Department or proper designee, agrees to meet at the
request of the County should any issue arise under this Agreement. The purpose of said
meetings shall be to discuss issues which affect the substantive rights of the parties under
this Agreement. The time and place of any such meeting, hereunder, shall be determined by
the parties with reasonable notice to one another. The parties retain the right to conduct
meetings through other electronic means as is acceptable to both parties.
SECTION 4
AGREEMENT SUBJECT TO DATA PRACTICES ACT
1) This Agreement shall be subject to the Minnesota Data Practices Act, at Minnesota
Chapter 13, comparable provisions and Federal Law.
SECTION 5
INDEMNIFICAION & INSURANCE
1) The City shall defend, indemnify and hold the County, its official, agents and employees
harmless from any claims, suits, causes of action liabilities, damages and costs (including
reasonable attorney's fees) of whatsoever nature arising out of or relating to activities,
actions or inactions of the City, its agents, contractors or employees in all activities
relating to this project and on-going maintenance. This provision shall survive the
expiration of this agreement.
2) The City shall provide the County with an Insurance Certificate naming the County as an
"Additional Insured" which is acceptable to the County Risk Manager prior to entering
County property.
SECTION 6
MEDIATION OF DISPUTES
1) Any and all disputes between the parties under and concerning this Agreement, including
its formation and the entering into the clause itself, shall be subject to mediation. The
dispute shall be submitted to a mediator selected and agreed upon by the parties within
thirty (30) days. In the event that the parties cannot agree to a mediator, a mediator shall
be chosen by the Chief Judge of the Ramsey County District Court. The costs of
mediation shall be equally divided between the parties.
SECTION 7
COMPLETENESS OF THE AGREEMENT
1) This document contains all the terms and conditions of this Agreement, and any
alterations or variations of the terms of this Agreement shall be invalid unless made in
writing and signed by the parties. There are no other understandings, representations or
agreements, written or oral, not incorporated herein. If any part of this Agreement is
declared null and void by law, the remaining paragraphs of said Agreement shall be valid.
SECTION 8
NOTICES
1) Whenever it shall be required or permitted by this Agreement that notice or demand be
given or served by either party to or on the other party, such notice or demand shall be
delivered personally or mailed by United States mail to the addresses hereinafter set forth
by certified mail. Such notice or demand shall be deemed timely given when delivered
June 9, 2008 90
City Council Meeting Minutes
personally or when deposited in the mail in accordance with the above. The addresses of
the parties hereto for such mail purposes are as follows, until written notice of such
address has been given:
City Manager Director
City of Maplewood Ramsey County Parks and Recreation Dept.
1830 County Road B East 2015 North Van Dyke Street
Maplewood, MN 55109 Maplewood, MN 55109
Wherefore, the parties have executed this Agreement on the last date written below.
RAMSEY COUNTY
Jan Parker, Chair
Ramsey County Board of Commissioners
Date:
Bonnie Jackelen, Chief Clerk
Ramsey County Board of Commissioners
Date:
Approval Recommended:
Gregory A. Mack, Director
Parks and Recreation Department
Approved As to Form and Insurance:
CITY OF MAPLEWOOD
Mayor
Date:
City Manager
Date:
Approved as to form by
Legal Counsel
Assistant County Attorney
Budgeting and Accounting
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
7. Councilmember Hielle moved to approve the Century Avenue Improvements, City Project 03-15,
Approval of Cost -Share Agreement with Woodbury and Ramsey County.
Agreement PW2008-04
RAMSEY COUNTY
COOPERATIVE AGREEMENT
WITH THE CITY OF MAPLEWOOD
June 9, 2008 91
City Council Meeting Minutes
Reconstruction of Century Avenue (CSAH 72) Attachments:
From Brookview Dr/Woodbine Ave to Lake Rd Project Map Funding Areas Exhibit A
Engineers Estimate -Exhibit B
SP62-672-04CTB, SP62-672-04, Mn/DOT Hydraulics Letter -Exhibit C
Location Map. Exhibit D
THIS AGREEMENT is between the City of Maplewood, Minnesota ("City") or ("City of
Maplewood") and Ramsey County, Minnesota ("County") or ("Ramsey County").
WITNESSETH:
WHEREAS, Washington County and Ramsey County jointly have jurisdiction over Century
Avenue (Washington C.S.A.H. 25 and Ramsey C.S.A.H. 72) in the Cities of Woodbury and Maplewood,
respectively; and
WHEREAS, Washington County and Ramsey County will jointly cause the reconstruction of
Century Avenue from Brookview Drive/Woodbine Avenue to Lake Road and of Valley Creek Road
(Washington C.S.A.H. 16) from Century Avenue to Weir Drive ("Project"); and
WHEREAS, Washington County will enter into an agreement with the City of Woodbury for
construction cost shares for the Project; and
WHEREAS, Ramsey County and the City of Maplewood will enter into an agreement for the
construction cost shares of the Project; and
WHEREAS, Century Avenue between Brookview Drive/Woodbine Avenue and Lake Road is in
the City of Maplewood in Ramsey County and the City of Woodbury in Washington County; and
WHEREAS, the eligibility for funding for the Project has been divided into three Groups A, B and
C: "Group A" refers to Century Avenue from Station 311+75 to Station 382+80 (Brookview
Drive/Woodbine Avenue to south of Lower Afton Road/Valley Creek Road) and a portion of Lower Afton
Road/Valley Creek Road from Station 95+00 to Station 109+25, "Group B" refers to Century Avenue
Station 283+15 to Station 311+75 (Lake Road to south of Valley Creek Road), "Group U refers to Valley
Creek Road Station 109+25 to Station 136+58 (Century Avenue to Weir Drive) as shown in Exhibit A;
and
WHEREAS, Group A of this Project has been designated as eligible for Federal Aid, Washington
and Ramsey County State Aid Highway (CSAH) Turn Back, Washington and Ramsey CSAH,
Maplewood and Woodbury Municipal State Aid (MSA) and City of Woodbury Local funds, reimbursement
as SPTX 6208 (141), S. P. 82-625-02 CTB, S. P. S. P. 62-672-04 CTB, S. P. 138-020-34, S. P. 192-020-17
and Woodbury Local Funds; and
WHEREAS, Group B of this Project has been designated as eligible for Federal Aid, Washington
and Ramsey CSAH, Maplewood and Woodbury MSA and Woodbury Local funds, reimbursement as
SPTX 6208 (141), S. P. 82-625-02, S. P. S. P. 62-672-04, S. P. 138-020-34, S. P. 192-020-17 and
Woodbury Local Funds; and
WHEREAS, Group C of this Project has been designated as eligible for Washington CSAH
Turnback, Washington CSAH, Woodbury MSA and Woodbury Local funds, reimbursement as S.P. 82-
616-16 CTB, M.S.A. 192-020-18, Woodbury Local funds; and
WHEREAS, an Environmental Assessment, Study Report, Right of Way plan (S.A.P. 62-672-05
CTB (CSAH 72), S.A.P. 82-625-03 CTB, S.A.P. 192-020-15, and S.A.P. 82-616-20 CTB), and
Construction Plan, SPTX 6208 (141), S. P. 82-625-02 CTB, S. P. S. P. 62-672-04 CTB, S. P. 192-020-17,
S.P. 138-020-34, and Woodbury Local Funds; for the Project showing proposed reconstruction,
June 9, 2008 92
City Council Meeting Minutes
alignment, profiles, grades and cross sections, impacts and costs for the improvements included in this
Project indicate that it is feasible, practical, and technically proper to provide for the Century Avenue
reconstruction and have been presented to the City of Maplewood; and
WHEREAS, a preliminary estimate of Project costs has been prepared and attached to this
agreement as Exhibit B "Engineers Estimate and Cost Participation"; and
WHEREAS, the Project provides for the reconstruction of the existing Century Avenue between
Brookview Drive/Woodbine Avenue and Lake Road and includes, in addition to other things, grading,
paving, concrete curb and gutter, medians, storm sewers, storm ponding, concrete sidewalk, bituminous
trail and traffic control signals; and
WHEREAS, the grading provisions require acquisition of certain right of way and temporary
construction and slope easements prior to construction;
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Ramsey County shall prepare the necessary plans, specifications, estimates and proposals in
accordance with funding requirements to take bids for this Project. Costs of project revisions after
the completion of plans and specifications; will be paid for by the party requesting the revisions.
Revisions must be consistent with State Aid requirements and are subject to Ramsey County
approval.
2. Ramsey County will acquire necessary rights of way as determined by the Project grading limits
under a separate project, SAP 62-672-05 CTB (CSAH 72), utilizing its CSAH Turnback and CSAH
funds for all reimbursable costs. In the event that the City of Maplewood requests work not included
in the original plans, the City of Maplewood will be responsible for costs for any additional rights of
way required. All required right of way and temporary easements will be in the name of Ramsey
County. Parking and other regulations; will be controlled by Ramsey County. Rights of way that
cannot be negotiated will be acquired through eminent domain proceedings by Ramsey County, or
eliminated through design revisions, as determined most appropriate by Ramsey County.
3. All City of Maplewood owned rights of way and easements within the limits of the Project for roads,
utilities and storm water are hereby granted to Ramsey County for project use during construction.
4. Ramsey County shall take bids, prepare an abstract of bids and cost participation summary and
award a contract for construction. Prior to Ramsey County award of a contract, Ramsey County shall
first receive concurrence from the City of Maplewood, City of Woodbury, and Washington County
before award of the contract to the lowest responsible bidder.
5. Upon award of a construction contract, Ramsey County shall perform or contract the performance of
construction inspection.
6. Ramsey County and City of Maplewood shall participate on the basis of construction costs and
shares identified in accordance with Exhibit B, "Engineers Estimate and Cost Participation", attached
and incorporated herein. Estimated costs will be adjusted to reflect the actual final cost of project
elements, as constructed, when submitted to the City of Maplewood for final payment, including
engineering fees.
7. The estimated construction cost of items is $14,749,574.59. The costs will be paid by a combination
of Federal Aid Funds, Washington and Ramsey CSAH Turnback funds, Washington and Ramsey
CSAH funds, Maplewood and Woodbury MSA funds, and City of Woodbury local funds.
8. Storm sewer construction costs attributable to the road right of way and facilities needed for the road
drainage are estimated to be eligible for reimbursement from Federal Aid and CSAH Turnback,
June 9, 2008 93
City Council Meeting Minutes
CSAH and MSA funds. Each agency shall pay for the storm sewer costs as determined by the
MN/DOT hydraulics letter attached as Exhibit C.
9. Any utilities or facilities modified or added to those provisions presently made in the plans and
specifications may be incorporated in the construction contract by supplemental agreement and shall
be paid for as specified in the supplemental agreement. Design and construction engineering fees
shall be negotiated at the time of supplemental agreement preparation.
10. Ramsey County, Washington County, Maplewood and Woodbury will enter into a maintenance
agreement (Ramsey County Agreement PW 2008-10) for the maintenance of roadway, storm sewer
systems etc. on Century Avenue between Brookview Drive/Woodbine Avenue and Lake Road
11. The City of Maplewood will pay to Ramsey County 25% of the cost of the Signal A and Controller at
Upper Afton Road after, application of Federal Funds.
12. Maplewood will pay 25% of the cost the EVP System on Signal A (Century Avenue and Lake Road);
the balance will be paid by Washington County and Woodbury. Maplewood will pay 50% of the cost
the EVP Systems on Signals B (Century Avenue and Lower Afton Road/Valley Creek Road) and C
(Century Avenue and Upper Afton Road); the balance will be paid by Washington County and
Woodbury.
13. Signal Systems A, B, and C will be maintained in accordance with Agreements for Maintenance of
Traffic Control Signals and EVP Systems. The Ramsey County agreement numbers for the Signal
Systems are PW 2008-11, PW 2008-12, and PW 2008-13 respectively.
14. Maplewood is responsible for 37.5% of the cost of medians and new concrete curb and gutter in
Group B, after application Federal Funds.
15. Maplewood is responsible for 100% of the cost of the sidewalk constructed in the City of Maplewood,
after application of Federal Funds. Upon completion of the Project, Maplewood will own and maintain
the sidewalk.
16. Maplewood shall pay Ramsey County a fee for engineering, Project design, and Project
administration services. Said fee shall be 12% of item costs for which Maplewood is responsible, as
determined at the time of contract award.
17. Maplewood shall pay Ramsey County an additional fee for construction engineering and
administration. Said fee shall be 12% of item costs for which Maplewood is responsible, as
determined upon completion of the Project and set forth in Exhibit B, Engineering Estimate and Cost
Participation.
18. Within one year of the conclusion of the Project, Ramsey County, Washington County, the City of
Maplewood, and the City of Woodbury will enter into a tree replacement project along the Project
corridor.
19. Cost distributions identified above are as shown in Exhibit B, Engineering Estimate and Cost
Participation. Actual Cost shall be based on the contractor's unit prices and the quantities
constructed.
20. All liquidated damages assessed against the contractor shall result in a credit shared by the Cities of
Maplewood and Woodbury and the Counties of Washington and Ramsey in the same proportion as
their responsibility for the cost of the element of the Project for which the liquidated damages were
assessed.
21. Maplewood shall not recover any portion of its cost for the Project through levy or special
assessments on property owned by Ramsey County.
June 9, 2008 94
City Council Meeting Minutes
22. Throughout Project design and construction, Ramsey County shall prepare partial cost and payment
estimates for preliminary engineering fees, construction costs, and construction engineering fees
and, periodically bill the City of Maplewood for these costs and services. Payment shall be made
within twenty-one calendar days of receipt of the invoice.
23. Maplewood shall pay to Ramsey County all additional remaining costs and fees for its share of the
work upon notification by Ramsey County of the final amounts due.
24. All payments by the City of Maplewood shall be to the Treasurer of Ramsey County, Minnesota.
25. The City of Maplewood and Ramsey County shall indemnify, defend and hold each other harmless
against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's
fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or
be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its
officials, agents or employees, in the execution, performance, or failure to adequately perform the
indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall
constitute a waiver by Ramsey County or the City of Maplewood of any statutory or common law
immunities, limits, or exceptions on liability.
26. This Agreement shall remain in full force and effect until one year after Project completion. Project
completion shall be defined as when the work was performed satisfactorily by the contractor, final
payment has been made to the contractor, and administratively the project has been finalled with
MnDOT office of State Aid.
27. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be
given or served by either party to or on the other party, such notice or demand shall be delivered
personally or mailed by United States mail to the addresses hereinafter set forth by certified mail.
Such notice or demand shall be deemed timely given when delivered personally or when deposited
in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes
are as follows, until written notice of such address has been given:
As to the City
As to the County:
CITY OF MAPLEWOOD,
MINNESOTA
By:
Its
By:
Its
City Manager
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
Public Works Director
Ramsey County Public Works Facility
1425 Paul Kirkwold Drive
Arden Hills, MN 55112
THE COUNTY OF RAMSEY
0
David Twa
County Manager
June 9, 2008 95
City Council Meeting Minutes
Date: Date:
Approved as to Form:
Assistant County Attorney
Risk Management
Recommended for Approval:
Kenneth Haider, P.E.
Director and County Engineer
JOINT -POWERS AGREEMENT
City of Maplewood /City of Woodbury
Watermain and Sanitary Sewer Utility Extension - Century Avenue
THIS JOINT -POWERS AGREEMENT made and entered in this 9th day of June, 2008, by and
between the City of Maplewood, Ramsey County, Minnesota, and the City of Woodbury, Washington
County, Minnesota.
WHEREAS, the City of Maplewood and the City of Woodbury, pursuant to the provision of
Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the
governmental powers and functions each has individually; and,
WHEREAS, The section of Century Avenue between Brookview Drive / Woodbine Avenue and
Lake Road is jointly owned by the Ramsey and Washington Counties; and,
WHEREAS, the extension of watermain and sanitary sewer from the City of Woodbury into the
City of Maplewood is to occur as part of the overall improvements and paid by the City of Woodbury;
and,
WHEREAS, the City of Woodbury, by previous agreement, owns and operates the municipal
water system and sanitary sewer system that will serve this project area from the utility extensions. The
previous agreement also defines utility billing practices; and,
June 9, 2008 96
City Council Meeting Minutes
WHEREAS, the City of Maplewood wishes to extend and utilize the City of Woodbury utilities to
provide water and sanitary sewer service to properties located on the west side of Century Avenue; and,
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit:
1. The City of Maplewood will reimburse the City of Woodbury for the actual costs associated
with design, construction, and construction administration of the watermain and sanitary
sewer utility extensions into the City of Maplewood from the City of Woodbury under
Maplewood City Project 03-15 and Woodbury City Project 06-2006-01. Said costs are
currently estimated as follows:
■ Design = $3,528.83 (includes preliminary report and final design)
■ Construction = $32,666.45 (includes construction costs and share of mobilization as
identified in Ramsey County's engineer's estimate plus 2% overhead for Ramsey County)
■ Construction administration = $3,607.20
2. If the utility extensions to Maplewood must be removed from the plan, the City of Maplewood
will pay all costs associated with plan revisions. This potential cost is estimated at $350.
3. The City of Maplewood will, upon invoice from the City of Woodbury, reimburse the City of
Woodbury within 30 days of receipt of the invoice.
4. When water and/or sanitary sewer utility connections are made, a permit will need to be
obtained from the City of Woodbury.
5. In the instance that a property owner goes to the City of Maplewood to obtain permits for the
connection to the water and/or sanitary sewer system, the City of Maplewood representatives
shall notify the Woodbury engineering department and finance department.
6. Those Maplewood residents connecting into the water and/or sanitary sewer system shall pay
the appropriate fees to the City of Woodbury to include connection fees and area charges, as
well as pertinent Metropolitan Council fees. All fees shall be paid at the rate when the
connection is made.
7. The City of Maplewood and the City of Woodbury agree to indemnify each other and hold
each other harmless from any and all claims, causes of action, lawsuits, judgments, charges,
demands, costs, and expenses, including, but not limited to, interest involved therein and
attorneys' fees and costs and expenses connected therewith, arising out of or resulting from
the failure of either party to satisfy the provisions of this agreement or for damages caused to
other parties as a result of the manner in which the City of Maplewood or the City of
June 9, 2008 97
City Council Meeting Minutes
Woodbury perform or fail to perform duties imposed on each party by the terms of this
agreement.
8. This agreement shall remain in full force and effect until terminated by mutual agreement of
the City of Maplewood and the City of Woodbury or by an independent arbitrator in the event
that there is not a neutral agreement.
9. It is agreed that, except as specifically provided hereby the execution of this agreement,
neither party relinquishes any rights or powers possessed by it, neither party is relieved of any
responsibility, duty or obligation imposed on it by law or regulation.
10. Data Practices:
a. The City of Maplewood and the City of Woodbury agree to comply with the Minnesota
Data Practices Act and all other state and federal laws relating to data privacy or
confidentiality;
b. The City of Maplewood and the City of Woodbury will immediately report to each other
any requests from third parties for information relating to this Agreement.
c. The City of Maplewood and the City of Woodbury agree to promptly respond to each
other's inquiries concerning data requests.
11. Arbitration of Disputes: Any controversy claim arising out of or relating to this Agreement or
breach thereof shall be settled by arbitration in accordance with the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof.
12. Notices: Whenever it shall be required or permitted by this Agreement that notice or demand
be given or served by either party to or on the other party, such notice or demand shall be
delivered personally or mailed by United States mail to the addresses hereinafter set forth by
certified mail. Such notice or demand shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the above. The addresses of the parties
hereto for such mail purposes are as follows, until written notice of such address has been
given:
City Manager City Administrator
June 9, 2008 98
City Council Meeting Minutes
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
City of Woodbury
8301 Valley Creek Road
Woodbury, MN 55125
IN WITNESS WHEREOF, the parties have executed this Agreement on this
day of 12008
CITY OF MAPLEWOOD
Mayor
City Manager
Approved as to form by Legal Counsel
Seconded by Councilmember Nephew.
The motion passed.
CITY OF WOODBURY
Mayor
City Administrator
Approved to form by Legal Counsel
Recommended for Approval
Engineering and Public Works Director
Ayes — All
8. Councilmember Hielle moved to approve the Resolution for the Lark/Prosperity Area Street
Improvements, City Project 07-15, and Approval of Change Order #3.
RESOLUTION 08-06-092
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-15, CHANGE ORDER NO.3
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 07-15, Lark Prosperity Area Street Improvements, Change Order No.3, and
has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
June 9, 2008 99
City Council Meeting Minutes
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 07-15, Change Order No. 3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA that:
1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by
executing said Change Order No.3 in the amount of $58,874.99. The revised contract amount is
$2,537,263.23.
June 9, 2008 100
City Council Meeting Minutes
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
9. Councilmember Hielle moved to approve the Resolution for the Brookview Area Street
Improvements, City Project 07-01, and Approval of Change Order #1.
RESOLUTION 08-06-093
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-01, CHANGE ORDER NO.1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 07-01, Brookview Area Street Improvements, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 07-01, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA that:
1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by
executing said Change Order No.1 in the amount of $25,142.23. The revised contract amount is
$1,890,223.80
June 9, 2008 101
City Council Meeting Minutes
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
June 9, 2008 102
City Council Meeting Minutes
10. Councilmember Hielle moved to approve the Resolution Directing Modification of Existing
Construction Contract for T.H. 61 Area Improvements, City Projects 03-07, 04-06, and 04-25, and
Change Order #2.
a. Approval of Change Order #2
b. Project Acceptance and Approval of Final Payment.
RESOLUTION 08-06-094
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 03-07, CHANGE ORDER NO.2
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 03-07, TH 61 and County Road D Court Improvements as part of a
combined project, and has let a construction contract pursuant to Minnesota Statutes, Chapter
429, and
WHEREAS, the City Engineer has reported that it is now necessary and expedient that
said contract be modified and designated as Improvement Project 03-07, Change Order No. 2, as
an increase to said contract by an amount of $20,283.93, such that the new contract amount is
now and hereby established as $1,720,360.66.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA that:
1. The mayor and city manager are hereby authorized to sign on behalf of the City of
Maplewood to signify and show that the existing contract is hereby modified through said
Change Order No.2 as a contract increase in the amount of $20,283.93. The revised
contract amount is $1,720,360.66.
2. The retainage shall be fully reduced and final payment shall be made to the contractor
signifying acceptance of the project improvements.
June 9, 2008 103
City Council Meeting Minutes
June 9, 2008 104
City Council Meeting Minutes
June 9, 2008 105
City Council Meeting Minutes
June 9, 2008 106
City Council Meeting Minutes
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
June 9, 2008 107
City Council Meeting Minutes
11. Councilmember Hielle moved to approve the Approval of Traffic Control Signal Agreements.
a. Beam Avenue at Country View Drive
b. County Road D at Country View Drive.
AGREEMENT FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM
AGREEMENT NO. PW2008-08
THIS AGREEMENT, made and entered into by and between the County of Ramsey,
Department of Public Works, hereinafter referred to as the "County", the City of Maplewood
hereinafter referred to as the "City", for the maintenance of a traffic control signal system with
street lights, signs, interconnect, and emergency vehicle pre-emption at the intersection of Beam
Avenue (CSAH 19) and Country View Drive;
WITNESSETH:
WHEREAS, Ramsey County and Maplewood have determined that there is justification
and it is in the public's best interest to construct a traffic control signal with street lights at Beam
Avenue (CSAH 19) and Country View Drive;
WHEREAS, Maplewood requests and Ramsey County agrees to provide an Emergency
Vehicle Pre-emption System, hereinafter referred to as the "EVP System" as a part of said traffic
control signals with street lights in accordance with the terms and conditions hereinafter set forth;
and
WHEREAS, Maplewood will be responsible for construction of the traffic control signals
with street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and
WHEREAS, Ramsey County and Maplewood will participate in the maintenance and
operation of said traffic control signals with street lights, signs, interconnect and EVP system as
hereinafter set forth; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. The City shall install or cause the installation of said traffic control signal with street lights' signs,
interconnect and EVP system in accordance with the plans and specifications for Beam Avenue and
Country View Drive.
2. The City shall install or cause the installation of an adequate electric power supply to the service
pad including any necessary extensions of power lines at Beam Avenue and Country View Drive.
3. Upon completion of the traffic control signals with street lights, signs and EVP system
installation. Necessary electrical power for their operation shall be at the cost and expense of the
City. In accordance with the Policy for lighting Ramsey County Roadways, Ramsey County Board
Resolution 78-1394, The City shall perform street light maintenance and pay energy costs of the
integral street lights.
4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost
and expense.
5. The County shall maintain and keep in repair the traffic control signal including relamping and
cleaning at its cost and expense. The City will be responsible for painting the traffic control signal at its
cost and expense.
6. The County shall maintain and keep in repair the geometrics on County owned roadways at its
cost and expense.
June 9, 2008 108
City Council Meeting Minutes
7. The County shall maintain and keep in repair the interconnect along Beam Avenue at its cost and
expense.
8. All timing and related adjustments of the traffic control signal shall be determined by the County
through its Traffic Engineer, and no changes shall be made to these adjustments without the
approval of the County.
9. The City shall install or cause the installation of and EVP System at its expense.
10. The EVP system shall be operated, maintained, revised or removed in accordance with the
following conditions and requirements:
a) All modifications, revisions and maintenance of the EVP System considered necessary or
desirable for any reason, shall be done by the County's forces, or, upon concurrence in
writing by the County's Traffic Engineer, may be done by others all at the cost and expense of
the City.
b) Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c) The City shall maintain and require others using the EVP System to maintain a log showing
the date, time and type of emergency for each time the traffic signal covered hereby is
actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported
to the County immediately.
d) All maintenance of the EVP System shall be performed by the County. The City shall be
responsible for actual cost thereof. The County shall submit an invoice to the City annually,
listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor
cost and overhead and equipment costs will be at the established rates paid by Ramsey
County at the time the work is performed, and material costs will be invoiced at the actual cost
thereof to Ramsey County. The City shall promptly pay Ramsey County the full amount due.
e) In the event said EVP System or components are, in the opinion of the County, being
misused or the conditions set forth in Paragraph b above are violated, and such misuse or
violation continues after receipt by said party of written notice thereof from the County, the
EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components
shall become the property of the County. All infrared detector heads and indicator lamps
mounted external to the traffic signal cabinet will be returned to the appropriate party. The
detector receiver and any other assembly located in the control signal cabinet, which if
removed will not affect the traffic control signal operation, will be returned to the City.
f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer.
g) Except for the negligent acts of the County, its agents, and employees, the City shall
indemnify, defend, and hold the County harmless against any and all liability, losses, costs,
damages, expenses, claims, or actions, including attorney's fees, which the County, its
officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out
of or by reason of the use or operation of the EVP the City, its (their) officials, agents, or
employees. Nothing in this Agreement shall constitute a waiver by the City or the County of
any statutory or common law immunities, limits, or exceptions on liability.
11. All timing and related adjustments of the traffic control signals shall be determined by the County
through its Traffic Engineer, and no changes shall be made to these adjustments without the
approval of the County.
June 9, 2008 109
City Council Meeting Minutes
12. Any and all persons engaged in the maintenance work to performed by the County shall not be
considered employees of the City, and any and all claims that may arise under the Worker's
Compensation Act of this State on behalf of those employees so engaged, and any and all claims
made by any third party as a consequence of any negligent act or omission on the part of those
employees so engaged on any of the work contemplated herein shall not be the obligation and
responsibility of the City.
13. The City and the County shall indemnify, defend and hold each other harmless against any and
all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which
the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be
required to pay, arising out of or by reason of any act or omission of the indemnifying party, its
officials, agents or employees, in the execution, performance, or failure to adequately perform the
indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall
constitute a waiver by the County or the City of any statutory or common law immunities, limits, or
exceptions on liability.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
CITY OF MAPLEWOOD, MINNESOTA
In presence of By:
Its:
By:
Its:
Date:
COUNTY OF RAMSEY
Recommended for approval:
By:
Kenneth G. Haider, P.E. Chairperson
Director and County Engineer, Board of Ramsey County Commissioners
Ramsey County
Public Works Department
Approved as to Form: Attest:
By:
Assistant Ramsey County Attorney Chief Clerk — Ramsey County Board
Date: Date:
AGREEMENT FOR MAINTENANCE
OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM
AGREEMENT NO. PW2008-09
June 9, 2008 110
City Council Meeting Minutes
THIS AGREEMENT, made and entered into by and between the County of Ramsey,
Department of Public Works, hereinafter referred to as the "County", the City of Maplewood
hereinafter referred to as the "City", for the maintenance of a traffic control signal system with
street lights, signs, and emergency vehicle pre-emption at the intersection of County Road D
(CSAH 19) and Country View Drive;
WITNESSETH:
WHEREAS, Ramsey County and Maplewood have determined that there is justification
and it is in the public's best interest to construct a traffic control signal with street lights at County
Road D (CSAH 19) and Country View Drive;
WHEREAS, Maplewood requests and Ramsey County agrees to provide an Emergency
Vehicle Pre-emption System, hereinafter referred to as the "EVP System" as a part of said traffic
control signals with street lights in accordance with the terms and conditions hereinafter set forth;
and
WHEREAS, Maplewood will be responsible for construction of the traffic control signals
with street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and
WHEREAS, Ramsey County and Maplewood will participate in the maintenance and
operation of said traffic control signals with street lights, signs, interconnect and EVP system as
hereinafter set forth; and
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
14. The City shall install or cause the installation of said traffic control signal with street lights' signs,
interconnect and EVP system in accordance with the plans and specifications for County Road D
and Country View Drive.
15. The City shall install or cause the installation of an adequate electric power supply to the service
pad including any necessary extensions of power lines at County Road D and Country View
Drive.
16. Upon completion of the traffic control signals with street lights, signs and EVP system installation.
Necessary electrical power for their operation shall be at the cost and expense of the City. In
accordance with the Policy for lighting Ramsey County Roadways, Ramsey County Board
Resolution 78-1394, The City shall perform street light maintenance and pay energy costs of the
integral street lights.
17. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost
and expense.
18. The County shall maintain and keep in repair the traffic control signal including relamping and
cleaning at its cost and expense. The City will be responsible for painting the traffic control signal
at its cost and expense.
19. The County shall maintain and keep in repair the geometrics on County owned roadways at its
cost and expense.
20. The County shall maintain and keep in repair the interconnect along Country View Drive at its
cost and expense.
21. All timing and related adjustments of the traffic control signal shall be determined by the County
through its Traffic Engineer, and no changes shall be made to these adjustments without the
approval of the County.
June 9, 2008 111
City Council Meeting Minutes
22. The City shall install or cause the installation of and EVP System at its expense.
23. The EVP system shall be operated, maintained, revised or removed in accordance with the
following conditions and requirements:
a) All modifications, revisions and maintenance of the EVP System considered necessary or
desirable for any reason, shall be done by the County's forces, or, upon concurrence in
writing by the County's Traffic Engineer, may be done by others all at the cost and expense of
the City.
b) Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03.
c) The City shall maintain and require others using the EVP System to maintain a log showing
the date, time and type of emergency for each time the traffic signal covered hereby is
actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported
to the County immediately.
d) All maintenance of the EVP System shall be performed by the County. The City shall be
responsible for actual cost thereof. The County shall submit an invoice to the City annually,
listing all labor, equipment, materials and overhead used to maintain the EVP System. Labor
cost and overhead and equipment costs will be at the established rates paid by Ramsey
County at the time the work is performed, and material costs will be invoiced at the actual cost
thereof to Ramsey County. The City shall promptly pay Ramsey County the full amount due.
e) In the event said EVP System or components are, in the opinion of the County, being
misused or the conditions set forth in Paragraph b above are violated, and such misuse or
violation continues after receipt by said party of written notice thereof from the County, the
EVP System pursuant to this paragraph, the field wiring, cabinet wiring and other components
shall become the property of the County. All infrared detector heads and indicator lamps
mounted external to the traffic signal cabinet will be returned to the appropriate party. The
detector receiver and any other assembly located in the control signal cabinet, which if
removed will not affect the traffic control signal operation, will be returned to the City.
f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer.
g) Except for the negligent acts of the County, its agents, and employees, the City shall
indemnify, defend, and hold the County harmless against any and all liability, losses, costs,
damages, expenses, claims, or actions, including attorney's fees, which the County, its
officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out
of or by reason of the use or operation of the EVP the City, its (their) officials, agents, or
employees. Nothing in this Agreement shall constitute a waiver by the City or the County of
any statutory or common law immunities, limits, or exceptions on liability.
24. All timing and related adjustments of the traffic control signals shall be determined by the County
through its Traffic Engineer, and no changes shall be made to these adjustments without the
approval of the County.
25. Any and all persons engaged in the maintenance work to performed by the County shall not be
considered employees of the City, and any and all claims that may arise under the Worker's
Compensation Act of this State on behalf of those employees so engaged, and any and all claims
made by any third party as a consequence of any negligent act or omission on the part of those
employees so engaged on any of the work contemplated herein shall not be the obligation and
responsibility of the City.
June 9, 2008 112
City Council Meeting Minutes
26. The City and the County shall indemnify, defend and hold each other harmless against any and all
liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the
indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required
to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials,
agents or employees, in the execution, performance, or failure to adequately perform the
indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall
constitute a waiver by the County or the City of any statutory or common law immunities, limits, or
exceptions on liability.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
CITY OF MAPLEWOOD, MINNESOTA
In presence of
Recommended for approval:
Kenneth G. Haider, P.E.
Director and County Engineer,
Ramsey County
Public Works Department
Approved as to Form:
Assistant Ramsey County Attorney
Date:
Seconded by Councilmember Nephew.
The motion passed.
By:
Its:
By:
Its:
Date:
COUNTY OF RAMSEY
By:
Chairperson
Board of Ramsey County Commissioners
Attest:
By:
Chief Clerk — Ramsey County Board
Date:
Ayes — Al I
12. Councilmember Hielle moved to approve the Purchase Two Fuel Dispensing Pumps from Zahl-
Petroleum Maintenance Co. for $13,836.00.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
June 9, 2008 113
City Council Meeting Minutes
13. Councilmember Hielle moved to approve the Conditional Use Permit Review — Heritage Square
PUD and shall be reviewed again in one year.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
14. Councilmember Hielle moved to approve the Resolution for the Temporary Gambling Permit —
Maplewood Athletics Association for the Taste of Maplewood Event Raffle.
Temporary Gambling Permit Resolution 08-06-095
For Maplewood Athletics Association
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
15. Councilmember Hielle moved to approve the Resolution for the Temporary Gambling Permit for
St. Paul East Parks Lions Club for the Ramsey County Fair.
Resolution 08-06-096
Temporary Gambling Permit for St. Paul East Parks Lions Club
June 9, 2008 114
City Council Meeting Minutes
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
N. AWARD OF BIDS
None.
O. VISITOR PRESENTATIONS — PART II
(Items G & H were moved to the end of the council meeting because it was after the 7:00 p.m. time
frame. However, due to the late hour of 11:58 p.m. the council decided to continue items G & H to
the next council meeting.)
G. ADMINISTRATIVE PRESENTATIONS
1. Presentation of Previous Tree Plans for Beaver Lake Townhomes. (No action needed)
2. Report on LMCIT Guidance on Audit.
3. Date to Meet With Auditors, (Acting City Manager, Chuck Ahl)
H. COUNCIL PRESENTATIONS
1. City Hiring, (Councilmember Hjelle)
2. Update on Fire Pit Contest, (Councilmember Hjelle)
3. Taste of Maplewood, (Mayor Longrie)
4. Condolences regarding Betty Copeland, (Mayor Longrie)
5. N.E.S.T. Meeting, (Mayor Longrie)
6. Beaver Plat Update, (Mayor Longrie)
P. ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:58 p.m.
June 9, 2008 115
City Council Meeting Minutes
® Springsted
6 --q- z -b- b/F
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
Email: advisors@spdngsted.com
www.spdngsted.com
$9,970,000"
CITY OF MAPLEWOOD, MINNESOTA
GENERAL OBLIGATION BONDS, SERIES 2008A
(BOOK ENTRY ONLY)
AWARD: WELLS FARGO BROKERAGE SERVICES, LLC
SALE: . June 9, 2008 Moody's Rating: Aa2
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
WELLS FARGO BROKERAGE 3.25% 2010-2012 $10,040,038.30 $3,167,471.08 3.7632%
SERVICES, LLC 3.50% 2013-2015
3.75% 2016-201$
4.00% 2019-2021
4.25% 2022-2024
STEPHENS, INC. 3.50% 2010-2017 $9,923,139.30 $3,134,541.64 3.7634%
RBC CAPITAL MARKETS 3.60% 2018
SUNTRUST CAPITAL MARKETS, INC. 3.70% 2019
FIRST TRUST PORTFOLIOS L.P. 3.75% 2020
3.80% 2021
3.875% 2022
4.00% 2023-2024
MORGAN KEEGAN & COMPANY, INC. 3.00% 2010-2011 $9,975,956.11 $3,171,240.77 3.7889%
3.25% 2012_
3.50% 2013-2015
3.75% 2016-2017
4.00% 2018-2024
STIFEL, NICOLAUS & COMPANY, 3.00%
2010 $10,076,835.40 $3,206,370.23 3.8138%
INCORPORATED 4.00%
2011
3.50%
2012-2013
4.00%
2014
3.50%
2015
3.75%
2016
4.80%
2017-2018
3.80%
2019
3.85%
2020
4.00%
2021-2024
(Continued)
Public Sector Advisors
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 9, 2008
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall
on June 9, 2008, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding
the sale of $9,970,000 General Obligation Bonds, Series 2008A.
The following members were present:
and the following were absent:
In accordance with the resolution adopted by the City Council on May 15, 2008, the City
Clerk presented proposals on $9,970,000 General Obligation Bonds, Series 2008A, which were
received and tabulated at the offices of Springsted Incorporated on this same day:
Bidder Interest Rate True Interest Cost
SEE ATTACHED
The Council then proceeded to consider and discuss the proposals, after which member
introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE
NEGOTIATED SALE OF $9,970,000 GENERAL OBLIGATION
BONDS, SERIES 2008A, PROVIDING FOR THEIR
ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY
THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"),
has heretofore determined and declared that it is necessary and expedient to issue $9,970,000
General Obligation Bonds, Series 2008A (the "Bonds" or individually a 'Bond"), pursuant to
Minnesota Statutes, Chapters 475 and 429 to finance various street improvements within the City
(the "Street Improvements") and pursuant to Minnesota Statutes, Chapters 475 and 162 to
finance the costs associated with State -Aid street projects, (the "State -Aid Improvements" and,
together with the "Street Improvements", the "Improvements"); and
B. WHEREAS, the Street Improvements and all their components have been ordered
prior to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
C. WHEREAS, the State -Aid Improvements and all their components have been
ordered prior to the date hereof, and have been or will be constructed by the City under contracts
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service
(and hence allocated to the payment of Bonds treated as relating to a particular portion of debt
service) as provided in this paragraph. If the source of prepayment moneys is the general fund of
the City, or other generally available source, the prepayment may be allocated to either or both of
the portions of debt service in such amounts as the City shall determine. If the source of the
prepayment is special assessments pledged to and taxes levied for the Improvements, the
prepayment shall be allocated to the Improvement Portion of debt service. If the source of a
prepayment is moneys allotted to the City from its account in the Municipal State -Aid Street
Fund, the prepayment shall be allocated to the State -Aid Portion of debt service.
(c) Book EntryOnlyS sem. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO., as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
2181713v1
Improvement Portion
State -Aid Portion
Year
_Amount)
(Amount)
Total Amount
2010
$505,000
$270,000
$775,000
2011
465,000
270,000
735,000
2012
465,000
270,000
735,000
2013
455,000
270,000
725,000
2014
455,000
270,000
725,000
2015
450,000
270,000
720,000
2016
445,000
270,000
715,000
2017
445,000
270,000
715,000
2018
310,000
270,000
580,000
2019
310,000
270,000
580,000
2020
320,000
270,000
590,000
2021
315,000
270,000
585,000
2022
330,000
265,000
595,000
2023
335,000
265,000
600,000
2024
330,000
265,000
595,000
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service
(and hence allocated to the payment of Bonds treated as relating to a particular portion of debt
service) as provided in this paragraph. If the source of prepayment moneys is the general fund of
the City, or other generally available source, the prepayment may be allocated to either or both of
the portions of debt service in such amounts as the City shall determine. If the source of the
prepayment is special assessments pledged to and taxes levied for the Improvements, the
prepayment shall be allocated to the Improvement Portion of debt service. If the source of a
prepayment is moneys allotted to the City from its account in the Municipal State -Aid Street
Fund, the prepayment shall be allocated to the State -Aid Portion of debt service.
(c) Book EntryOnlyS sem. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate
single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized
Denominations for any Bond shall be deemed to be limited during the Book Entry
Only Period to the outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of
CEDE & CO., as the nominee (it or any nominee of the existing or a successor
Depository, the "Nominee").
2181713v1
therein or applicable thereto respecting the procedures and other matters relating
to the Depository's role as book -entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in book -entry
form shall be limited in principal amount to Authorized Denominations and shall
be effected by procedures by the Depository with the Participants for recording
and transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to
any consent or other action to be taken by Holders, the Depository shall consider
the date of receipt of notice requesting such consent or other action as the record
date for such consent or other action; provided, that the City or the Bond Registrar
may establish a special record date for such consent or other action. The City or
the Bond Registrar shall, to the extent possible, give the Depository notice of such
special record date not less than 15 calendar days in advance of such special
record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take
any actions necessary from time to time to comply with the requirements of the
Letter of Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in
paragraph 5, make a notation of the reduction in principal amount on the panel
provided on the Bond stating the amount so redeemed.
(d) Termination of Book -Entry Only stem. Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with respect
to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may
terminate the services of the Depository with respect to the Bond if it determines
that the Depository is no longer able to carry out its functions as securities
depository or the continuation of the system of book -entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the
City, is willing and able to assume such functions upon reasonable or customary
terms, or if the City determines that it is in the best interests of the City or the
Beneficial Owners of the Bond that the Beneficial Owners be able to obtain
certificates for the Bonds, the Bonds shall no longer be registered as being
2181713v1
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty days prior to the
stated redemption date.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Re ig stray. U.S. Bank National Association, in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor -paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
2181713v1
this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds
may only be registered in the name of the Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing on April 1, 2019, and
thereafter, are subject to redemption and prepayment at the option of the Issuer on April 1, 2018,
and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or
in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the
principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if
only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the
stated redemption date.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption
of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obli ag tion. This Bond is one of an issue in the total principal
amount of $9,970,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by
the City Council on June 9, 2008 (the "Resolution"), for the purpose of providing money to
finance various street improvement projects and or/otherwise improving municipal State -Aid
streets within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation
Bonds, Series 2008A Fund of the Issuer. This Bond constitutes a general obligation of the
Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any,
and interest when the same become due, the full faith and credit and taxing powers of the Issuer
have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered
form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
2181713v1
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its
City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
Date of Registration:
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the
Bonds described in the
Resolution mentioned
within.
U.S. Bank National Association,
Minnesota,
Bond Registrar
0
Authorized Signature
PANIVINV
Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at:
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
Date Amount Authorized signature of Holder
2181713v1
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar,
duly executed by the Holder thereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any
agreement with the Bond Registrar, including regulations which permit the Bond Registrar to
close its transfer books between record dates and payment dates. The Clerk is hereby authorized
to negotiate and execute the terms of said agreement.
11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the calendar
month next preceding such Interest Payment Date (the "Regular Record Date"). Any such
interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of
the Regular Record Date, and shall be payable to the person who is the Holder thereof at the
close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever
money becomes available for payment of the defaulted interest. Notice of the Special Record
Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the
Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat the
person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not
such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by
notice to the contrary.
01ra"Mi
thereof, not so transferred to the account of another improvement; (g) all investment earnings on
funds held in the Debt Service Fund; and (h) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the Debt Service Fund. The
Debt Service Fund shall be used solely to pay the principal and interest and any premiums for
redemption of the Improvement Portion of the Bonds and any other general obligation bonds of
the City hereafter issued by the City and made payable from said account as provided by law.
There is hereby created a State -Aid Improvements Debt Service Subaccount and there are
hereby irrevocably appropriated and pledged to, and there shall be credited to, the State -Aid
Improvements Debt Service Subaccount: (a) upon receipt from the Commissioner of Finance of
the State of Minnesota, the annual amount of money needed for payment of principal and interest
due each year on the State -Aid Portion of the Bonds from moneys allotted or to be allotted to the
City from its account in the Municipal State -Aid Street Fund; (b) a pro rata share of all accrued
interest received upon delivery of the Bonds; (c) capitalized interest in the amount of $27,206.25;
(d) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (e) any
collections of all taxes hereafter levied for the payment of the State -Aid Portion of the Bonds; (f)
a pro rata share of all funds remaining in the Construction Account after completion of the State -
Aid Improvements and payment of the costs thereof, (g) all investment earnings on funds held in
the State -Aid Improvements Debt Service Subaccount; and (h) any and all other moneys which
are properly available and are appropriated by the governing body of the City to the State -Aid
Improvements Debt Service Subaccount. The State -Aid Improvements Debt Service Subaccount
shall be used solely to pay the principal and interest and any premiums for redemption of the
State -Aid Portion of the Bonds and any other general obligation bonds of the City hereafter
issued by the City and made payable from the State -Aid Improvements Debt Service Subaccount
as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (1) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (2) in addition to the above in an
amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To
this effect, any proceeds of the Bonds and any sums from time to time held in the Construction
Account or Debt Service Account (or any other City account which will be used to pay principal
or interest to become due on the bonds payable therefrom) in excess of amounts which under
then applicable federal arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment would
cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
2181713v1
Portion 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, Subdivision 3.
17. Covenants Relating to the State -Aid Portion of the Bonds.
(a) Certification to Commissioner. Upon the sale of the Bonds an officer of the City
shall promptly certify to the Commissioner of Transportation, State of Minnesota, the amount of
money required annually for the payment of principal and interest on the State -Aid Portion of the
Bonds, all in accordance with Minnesota Statutes, Section 162.18.
(b) Expenditure Consistent with Minnesota Statutes Chapter 162. Proceeds of the
State -Aid Portion of the Bonds shall be spent only in accordance with the provisions of law and
the rules and regulations of the Commissioner of Transportation relating to the establishment,
location, relocation, construction, reconstruction and/or improvement of municipal State -Aid
streets within the City. The City shall comply with the requirements of Minnesota Statutes,
Chapter 162 in making the State -Aid Improvements.
(c) Debt Service Coverage. It is hereby determined and reasonably anticipated that
the estimated collections of the revenues available to be deposited to the State -Aid
Improvements Debt Service Subaccount will produce at least five percent in excess of the
amount needed to meet, when due, the principal of and interest on the State -Aid Portion of the
Bonds.
18. General Obligation Pledge. 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 ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
19. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
2181713v1
written declaration of the City's official intent (a "Declaration") which effectively (i) states the
City's reasonable expectation to reimburse itself for the payment of the Reimbursement
Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional
description of the property, project or program to which the Declaration relates and for which the
Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de n2ininzis amount of Reimbursement
Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to)
the issuance of the Bonds and in all events within the period ending on the date which is the later
of three years after payment of the Reimbursement Expenditure or one year after the date on
which the Project to which the Reimbursement Expenditure relates is first placed in service.
(d) Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating
in effect that such action will not impair the tax-exempt status of the Bonds.
22. Certificate of Registration. The 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 the Auditor shall require, and to obtain the County Auditor's certificate that the
Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by
law has been made.
23. Records and Certificates. The officers of the City are hereby authorized and
directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the
issuance of the Bonds, certified copies of all proceedings and records of the City relating to the
Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates
and information as are required to show the facts relating to the legality and marketability of the
Bonds as the same appear from the books and records under their custody and control or as
otherwise known to them, and all such certified copies, certificates and affidavits, including any
heretofore furnished, shall be deemed representations of the City as to the facts recited therein.
2181713v1
28. Headings. Headings in this resolution are included for convenience of reference
only and are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
2181713v1
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 9, 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 9,
2008 at 7:00 p.m., for the purpose, in part, of considering proposals for and awarding the
competitive negotiated sale of, $1,070,000 General Obligation Improvement Refunding Bonds,
Series 2008B.
The following members were present:
and the following were absent:
In accordance with the resolution adopted by the City Council on May 15, 2008, the City
Clerk presented proposals on $1,070,000 General Obligation Improvement Refunding Bonds,
Series 2008B, which were received and tabulated at the offices of Springsted Incorporated on
this same day:
Bidder Interest Rate True Interest Cost
SEE ATTACHED
The Council then proceeded to consider and discuss the proposals, after which member
introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL ON THE
COMPETITIVE NEGOTIATED SALE OF
$1,070,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS,
SERIES 2008B, AND PROVIDING FOR THEIR ISSUANCE
A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City")
has heretofore determined and declared that it is necessary and expedient to provide moneys for
a current refunding of the City's General Obligation Improvement Bonds, Series 1998A, dated
September 1, 1998 (the "Prior 1998 Bonds") which mature on and after February 1, 2009; and
B. WHEREAS, $565,000 of the principal amount of the Prior 1998 Bonds which
mature on and after February 1, 2009, are callable on August 1, 2008, at a price of par plus
accrued interest, as provided in the Resolution of the City Council, adopted August 20, 1998,
authorizing the issuance of the Prior 1998 Bonds (the "Prior 1998 Resolution"); and
C. WHEREAS, the City has heretofore determined and declared that it is necessary
and expedient to provide moneys for a current refunding of the City's General Obligation
Improvement Bonds, Series 1999A, dated October 1, 1999 (the "Prior 1999 Bonds") which
mature on and after February 1, 2009; and
21817241
Year Amount
2009
$115,000
2010
130,000
2011
130,000
2012
135,000
2013
130,000
2014
125,000
2015
130,000
2019
175,000
All dates are inclusive.
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
principal repayment schedule, and corresponding additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry OnlySystem. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the 'Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
21817241 3
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book -Entry Only S stem. Discontinuance of a particular
Depository's services and termination of the book -entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book -entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 11 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3. Purpose; Refunding Findings. The Bonds shall provide funds for a current
refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared
that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a
reduction of debt service cost to the City.
2181724v1 5
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R- $
GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 2008B
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
FEBRUARY 1, 20 JULY 1, 2008
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, and to pay interest thereon semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2009, at the
rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day
months) until the principal sum is paid or has been provided for. This Bond will bear interest
from the most recent Interest Payment Date to which interest has been paid or, if no interest has
been paid, from the date of original issue hereof. The principal of and premium, if any, on this
Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank
National Association in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or
any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on
each Interest Payment Date by check or draft mailed to the person in whose name this Bond is
registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by
the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth
day of the calendar month next preceding such Interest Payment Date (the "Regular. Record
Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder
hereof as of the Regular Record Date, and shall be payable to the person who is the Holder
hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest. Notice of the Special
Record Date shall be given to Bondholders not less than ten days prior to the Special Record
Date. The principal of and premium, if any, and interest on this Bond are payable in lawful
money of the United States of America. So long as this Bond is registered in the name of the
Depository or its Nominee as provided in the Resolution hereinafter described, and as those
terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and
notice with respect thereto shall be made as provided in Letter of Representations, as defined in
the Resolution, and surrender of this Bond shall not be required for payment of the redemption
price upon a partial redemption of this Bond. Until termination of the book -entry only system
21817241 7
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed
by the Bond Registrar.
Qualified Tax -Exempt Obli ag tion. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended.
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 performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its
City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its
Mayor and its City Clerk.
Date of Registration: Registrable by: U.S. BANK NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the Bonds
described in the Resolution
mentioned within.
U.S. Bank National Association, Minnesota
Bond Registrar
LIM
Authorized Signature
2181724v1 9
Payable at:
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of
the Purchaser, typewritten) 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, however, that the seal of the City
may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided
further that both of such signatures may be printed (or, at the request of the Purchaser,
photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law.
In the event of disability or resignation or other absence of either officer, the Bonds may be
signed by the manual or facsimile signature of an officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall
appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature
or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer
had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive
bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond.
The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and
Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution
thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and, by inserting as the date of registration in the space provided, the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is July 1, 2008. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the principal
office of the Bond Registrar a bond register in which, subject to such reasonable regulations as
the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds
and the registration of transfers of Bonds entitled to be registered or transferred as herein
provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the
City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee
or transferees, one or more new Bonds of any authorized denomination or denominations of a
like aggregate principal amount, having the same stated maturity and interest rate, as requested
by the transferor; provided, however, that no Bond may be registered in blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any authorized
denomination or denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
21817241 11
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Finance and Administration Manager to the Purchaser upon receipt of
the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof.
15. Fund and Accounts. For the convenience and proper administration of the
moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to
the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund
to be designated the "General Obligation Improvement Refunding Bonds, Series 2008B Fund"
(the "Fund") to be administered and maintained by the Finance and Administration Manager as a
bookkeeping account separate and apart from all other funds maintained in the official financial
records of the City. The Fund shall be maintained in the manner herein specified until all of the
Bonds herein authorized and the interest thereon shall have been fully paid. There shall be
maintained and created in the fund the "Payment Account" and a "Debt Service Account".
(i) Payment Account. The proceeds of the Bonds, less accrued interest, shall
be deposited in the Payment Account. On or prior to August 1, 2008, the Finance and
Administration Manager shall transfer $1,040,000 of the proceeds of the Bonds from the
Payment Account to the paying agent for each of the Refunded Bonds, which sum is
sufficient, together with other funds on deposit in the debt service fund for each of the
Refunded Bonds, to pay the principal and interest due on the Refunded Bonds on
August 1, 2008, including the principal of the Refunded Bonds called for redemption on
that date. The remainder of the monies in the Payment Account shall be used to pay the
costs of issuance of the Bonds. Any monies remaining in the Payment Account after
payment of all costs of issuance and payment of the Refunded Bonds shall be transferred
to the Debt Service Account.
(ii) Debt Service Account. To the Debt Service Account there is hereby
pledged and irrevocably appropriated and there shall be credited: (1) accrued interest; (2)
any balance remaining on August 2, 2008, in the Prior Bonds Debt Service Account
created by the Prior Resolution; (3) any uncollected special assessments which were
heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the
payment of the Bonds; (4) all investment earnings on funds in the Debt Service Account;
(5) any taxes herein or hereafter levied for the payment of the Bonds; (6) any and all
other moneys which are properly available and are appropriated by the governing body of
the City to the Debt Service Account. The amount of any surplus remaining in the Debt
Service Account when the Bonds and interest thereon are paid shall be used consistent
with Minnesota Statutes, Section 475.61, Subdivision 4.
The moneys in the Debt Service Account shall be used solely to pay the principal of and interest
on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion
of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding
investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (1) for a reasonable temporary period until such proceeds are needed for the
purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not
greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this
effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other
City account which will be used to pay principal and interest to become due on the Bonds) in
21817241 13
19. Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal securities
information repository ("NRMSIR") and to the appropriate state information depository ("SID"),
if any, for the State of Minnesota, in each case as designated by the Commission in accordance
with the Rule, certain annual financial information and operating data in accordance with the
Undertaking. The City reserves the right to modify from time to time the terms of the
Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the
MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information
with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph
and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be
enforceable on behalf of such Holders; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their
place (the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii)
required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
20. General Obligation Pledge. 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 ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
21. Redemption of Prior Bonds. The Prior Bonds which mature on and after
February 1, 2009, shall be redeemed and prepaid on August 1, 2008, in accordance with the
terms and conditions set forth in the Notices of Call for Redemption attached hereto as Exhibit A
and Exhibit B, which terms and conditions are hereby approved and incorporated herein by
reference.
2181724v1 15
deemed designated "qualified tax exempt obligations" for purposes of Section 265(b)(3)
of the Code;
(d) the reasonably anticipated amount of tax exempt obligations (other than
private activity bonds, treating qualified 501(c)(3) bonds as not being private activity
bonds) which will be issued by the City (and all entities treated as one issuer with the
City, and all subordinate entities whose obligations are treated as issued by the City)
during this calendar year 2008 will not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this
calendar year 2008 have been designated for purposes of Section 265(b)(3) of the Code;
and
(f) each of the Refunded Bonds was designated as a "qualified tax exempt
obligation" for purposes of Section 265(b)(3) of the Code;
(g) the aggregate face amount of the Bonds does not exceed $10,000,000;
(h) the average maturity of the Bonds does not exceed the remaining average
maturity of the Refunded Bonds;
(i) no part of the Bonds has a maturity date which is later than the date which
is thirty years after the dates the Refunded Bonds were issued; and
0) the Bonds are issued to refund, and not to "advance refund" the Prior
Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into
account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the
outstanding amount of the Prior Bonds.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
27. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit. The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action, by
depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due
thereon to maturity or, if notice of redemption as herein required has been duly provided for, to
such earlier redemption date.
21817241 17
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,
Minnesota, 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 providing for the issuance and sale of
$1,070,000 General Obligation Improvement Refunding Bonds, Series 2008B.
WITNESS my hand this 91" day of June, 2008.
Clerk
2181724v1 19
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1999A
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
August 1, 2008
those outstanding bonds of the City designated as General Obligation Improvement Bonds,
Series 1999A, dated as of October 1, 1999, having stated maturity dates in the years 2009
through 2015, inclusive, and totaling $475,000 in principal amount. The bonds are being called
at a price of par plus accrued interest to August 1, 2008, on which date all interest on the bonds
will cease to accrue. Holders of the bonds hereby called for redemption are requested to present
their bonds for payment, at U.S. Bank National Association. (successor to Firstar Bank, N.A.),
Attention: Paying Agent Services, 180 East Fifth Street, St. Paul, Minnesota 55101.
Dated: June 9, 2008
BY ORDER OF THE CITY COUNCIL
/s/ Karen Guilfoile
City Clerk
Important Notice: Under the Interest and Dividend Compliance Act of 1983 31% will be
withheld if tax identification number is not properly certified.
21817241