HomeMy WebLinkAbout09-24-2007A.
B.
A
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, September 24, 2007
Council Chambers, City Hall
Meeting No. 17
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00 p.m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Rebecca Cave, Councilmember Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
M1. Councilmember Cave requested to discuss Political Signs.
M2. Mayor Longrie requested to discuss NEST.
N1. City Manager, Greg Copeland requested the City Attorney update the council on the
Excel Substation.
Councilmember Cave moved to approve the agenda as amended.
Seconded by Councilmember Hjelle. Ayes — All
APPROVAL OF MINUTES
Mayor Longrie had a correction to the September 10, 2007, minutes. On page 5, in Visitor
Presentations, number 3, it should be noted that Joseph Waters spoke as a retired firefighter and
a member of the Maplewood Firefighters Association, Inc. Also, on page 24, in between the two
motions made by Councilmember Cave, Mayor Longrie would like the statement inserted Mayor
Lonarie asked the applicant if the oroiect would use union labor. The applicant was unsure.
Mayor Longrie moved to approve the September 10, 2007, city council minutes as amended.
Seconded by Councilmember Cave.
Ayes — All
Councilmember Cave moved to approve the Thursday, September 13, 2007, continuation
meeting minutes as submitted.
Seconded by Councilmember Hjelle.
Ayes — All
Councilmember Juenemann moved to approve the Thursday, September 13, 2007, Special
Canvass Meeting minutes.
Seconded by Councilmember Rossbach. Ayes — All
September 24, 2007, City Council Meeting
F. PUBLIC HEARINGS
None.
G. APPOINTMENTS/PRESENTATIONS
Promotion of Sergeant Daniel Busack.
a. Chief Thomalla gave a report regarding the promotional process in the Police
Department and a brief history of Sergeant Daniel Busack's employment.
b. Mayor Longrie and the Council congratulated Sergeant Busack and thanked him
for his continued service in Maplewood.
2. Fall Clean -Up October 20, 2007.
a. Public Works Director, Chuck AN reported the Fall Clean -Up is set for October 20,
2007, from 8:00 a.m. to 12:00 p.m. at the Gethsemane Lutheran Church parking
lot, at 2410 Stillwater Avenue. In conjunction with the clean up, the city will be
sponsoring a food drive for the Second Harvest Food Bank.
b. Councilmember Juenemann wanted to remind Maplewood residents they should
enter the Gethsemane Lutheran Church parking lot from Bartelmy Lane.
Councilmember Juenemann moved to approve the Fall Clean -Up date of Saturday, October 20,
2007, from 8:00 a.m. to 12:00 p.m.
Seconded by Councilmember Hjelle. Ayes - All
3. Code Enforcement Presentation.
a. Building Official, David Fisher gave background information regarding Code
Enforcement in Maplewood and introduced Maplewood's Code Enforcement
Officer, Michael Samuelson.
b. Code Enforcement Officer, Michael Samuelson gave a lengthy report of the Code
Enforcement Process and procedures in Maplewood and answered questions of
the council.
H. VISITOR PRESENTATIONS
Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. She spoke
regarding dated materials she had presented to the city staff and the (HRA) housing
redevelopment authority and was concerned action had not been taken yet. She also spoke
about the Code Enforcement Presentation material that was missing from the Public Copy
Book that holds the City Council packet for the City Council Meeting which is available for
audience members to view during the meeting. Ms. Sletten also reviewed the Minnesota
Open Meeting Law. (Mayor Longrie informed the audience that the Code Enforcement
Materials were available during the presentation at the front of the room).
2. Jerry Markie, 1247 Leland Road, Maplewood, addressed the council. He read aloud a Letter
to the Editor from the St. Paul Pioneer Press regarding a Maplewood resident's opinion of
Maplewood.
3. Richard Currie, member of the Maplewood Historic Preservation Commission member
presented a letter to Mayor Longrie from the House of Representatives member, Betty
McCollum regarding the 501h Anniversary for Maplewood. (Mayor Longrie read the letter from
Betty McCollum aloud for the record.)
September 24, 2007, City Council Meeting 2
4. Ron Cockriel, Maplewood Historic Preservation Commission member addressed the council.
Mr. Cockriel said the Maplewood Historical Preservation Commission and the Historical
Society is sponsoring a Booya and Bluegrass festival to be held Saturday, October 6, 2007,
from 12:00 noon until 4:00 p.m. at the Bruentrup Farm at 2170 County Road D East,
Maplewood and everyone is welcome to attend.
I. CONSENT AGENDA
1. Councilmember Cave moved to approve items 1, 4, 5, 10, 12, and 13.
Seconded by Councilmember Hjelle. Ayes — All
2. Councilmember Juenemann moved to approve item 2.
Seconded by Councilmember Hjelle. Ayes — All
3. Mayor Longrie moved to approve item 3.
Seconded by Councilmember Hjelle. Ayes — All
4. Councilmember Juenemann moved to approve item 6.
Seconded by Councilmember Hjelle. Ayes — All
5. Mayor Longrie moved to approve item 7.
Seconded by Councilmember Hjelle. Ayes — All
6. Councilmember Juenemann moved to approve item 8.
Seconded by Councilmember Hjelle. Ayes — All
7. Mayor Longrie moved to approve item 9.
Seconded by Councilmember Hjelle. Ayes — All
8. Mayor Longrie moved to approve item 11.
Seconded by Councilmember Juenemann. Ayes - All
September 24, 2007, City Council Meeting 3
1. Approval of Claims
Councilmember Cave moved approval of claims.
ACCOUNTS PAYABLE:
$ 155,613.25 Checks #73499 thru #73552
$ 455,183.69 Payroll Checks and Direct Deposits dated 09/07/07
$ 2,624.27 Payroll Deduction check #1003027 thru #1003029
Dated 09/07/07
$ 457,935.60 Total Payroll
$ 1,276355.68 GRAND TOTAL
Seconded by Councilmember Hjelle. Ayes - All
2. Donation to Police Reserves
Councilmember Juenemann moved to approve the $200 Donation to the Police Reserves.
Seconded by Councilmember Hjelle. Ayes - All
3. Conditional Use Permit Review — Legacy Village PUD
Mayor Longrie moved to approve the Conditional Use Permit Review — Legacy Village PUD.
Seconded by Councilmember Hjelle. Ayes - All
September 24, 2007, City Council Meeting 4
Dated 09/04/07 thru 09/11/07
108,317.18
Disbursements via debits to checking account
Dated 08/31/07 thru 09/06/07
214,629.59
Checks #73553 thru #73600
Dated 09/10/07 thru 09/18/07
339,860.06
Disbursements via debits to checking account
Dated 09/07/07 thru 09/14/07
Total Accounts Payable
818,420.08
$ 455,183.69 Payroll Checks and Direct Deposits dated 09/07/07
$ 2,624.27 Payroll Deduction check #1003027 thru #1003029
Dated 09/07/07
$ 457,935.60 Total Payroll
$ 1,276355.68 GRAND TOTAL
Seconded by Councilmember Hjelle. Ayes - All
2. Donation to Police Reserves
Councilmember Juenemann moved to approve the $200 Donation to the Police Reserves.
Seconded by Councilmember Hjelle. Ayes - All
3. Conditional Use Permit Review — Legacy Village PUD
Mayor Longrie moved to approve the Conditional Use Permit Review — Legacy Village PUD.
Seconded by Councilmember Hjelle. Ayes - All
September 24, 2007, City Council Meeting 4
4. Conditional Use Permit Review — Heritage Square Second Addition PUD
Councilmember Cave moved to approve the Conditional Use Permit Review— Heritage Square
Second Addition PUD.
Seconded by Councilmember Hjelle. Ayes — All
5. Conditional Use Permit Review — Lexus Auto Service Center — 1245 County Road D.
Councilmember Cave moved to approve the Conditional Use Permit Review — Lexus Auto
Service Center — 1245 County Road D.
Seconded by Councilmember Hjelle. Ayes - All
6. Conditional Use Permit Review — White Bear Avenue Family Health Center — North
of 2055 White Bear Avenue.
Councilmember Juenemann moved to approve the Conditional Use Permit Review — White Bear
Avenue Family Health Center — North of 2055 White Bear Avenue.
Seconded by Councilmember Hjelle. Ayes — All
7. Conditional Use Permit Review — Chesapeake Retail Center 3095 White Bear
Avenue.
Mayor Longrie moved to approve the Conditional Use Permit Review — Chesapeake Retail Center
3095 White Bear Avenue.
Seconded by Councilmember Hjelle. Ayes — All
8. Conditional Use Permit Review — Cottagewood PUD — Farrell Street south of
Highwood Avenue.
Councilmember Juenemann moved to approve the Conditional Use Permit Review —
Cottagewood PUD — Farrell Street south of Highwood Avenue.
Seconded by Councilmember Hjelle. Ayes — All
9. Approval of Amendment to St. Paul Regional Water Service Agreement.
Mayor Longrie moved to approve the Amendment to St. Paul Regional Water Service Agreement.
September 24, 2007, City Council Meeting 5
Agreement # 02 -
07-09-170
AMENDMENT NO. 6
to
AGREEMENT BETWEEN
BOARD OF WATER COMMISSIONERS and CITY OF MAPLEWOOD
This AMENDMENT NO. 6 TO AGREEMENT entered into this 24th day of
September, 2007, by and between the BOARD OF WATER COMMISSIONERS, a
municipal corporation of the State of Minnesota (the "Board"), and the CITY OF
MAPLEWOOD, a municipal corporation of the State of Minnesota ("Maplewood").
WITNESSETH:
WHEREAS, Maplewood and the Board entered into an agreement dated October 30,
1996 for the provision of water service by the Board to properties within Maplewood (the
"Agreement"); and
WHEREAS, Article XIV of the Agreement allows for amendments to the Agreement; and
WHEREAS, in order to provide the greatest efficiency and to minimize traffic disruptions
and replacement costs, the parties desire that the Board whenever possible perform water main
replacement and/or other water system repair work in conjunction with Maplewood street paving
projects.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties mutually agree to amend the Agreement as follows:
The following provisions are hereby added to the Agreement:
1) When coordination with a street paving project is possible, Maplewood agrees to:
a) solicit bids in accordance with applicable Minnesota Statutes for the required
construction work to facilitate Board's water system works, including
excavation, pipe handling, restoration and other related work ("Support
Work"); and,
b) include in the bid solicitation a requirement that the contractor will do the
applicable water system work as specified by the Board, and obtain pricing
for such work.
September 24, 2007, City Council Meeting 6
2) Board forces will perform the installation of water facilities and related appurtenances
and all work necessary to place the water system into service.
3) The Board agrees to reimburse Maplewood for the amount of the bid item price
identified for the contractor's work and for repair of any paving outside the boundaries of the
paving project that was damaged as a result of the Support Work. Upon completion of the work,
Maplewood shall transmit an itemized invoice with a copy of the relevant contractor's bid pricing
attached to the designated Saint Paul Regional Water Services project manager. In the event no
specific contract item price exists for the requested Support Work or for said paving repair, Board
will pay to Maplewood the contractor's time and materials costs. After review and approval of the
charges by the project manager, Board will issue payment within 30 days.
2. Except as modified herein, the terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to
Agreement to be executed as of the day and year first above written.
Approved:
BOARD OF WATER COMMISSIONERS
Stephen P. Schneider, General Manager Patrick Harris, President
Saint Paul Regional Water Services
September 24, 2007, City Council Meeting 7
Approved as to Form: By
Janet Lindgren, Secretary
By
Assistant City Attorney Mathew G. Smith, Director
Office of Financial Services
STATE OF MINNESOTA)
SS)
COUNTY OR RAMSEY)
The foregoing instrument was acknowledged before me this day of
, 2007, by Patrick Harris, President of the Board of Water
Commissioners, a Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
September 24, 2007, City Council Meeting 8
STATE OF MINNESOTA)
SS)
COUNTY OR RAMSEY)
The foregoing instrument was acknowledged before me this day of
, 2007, by Janet Lindgren, Secretary of the Board of Water
Commissioners, a Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
STATE OF MINNESOTA)
SS)
COUNTY OR RAMSEY)
The foregoing instrument was acknowledged before me this day of
, 2007, by Matthew G. Smith, Director, Office of Financial Services of the
Board of Water Commissioners, a Minnesota municipal corporation, on behalf of the
corporation.
CITY OF MAPLEWOOD
Signature of person taking acknowledgment
By
Its Mayor
By
Its City Manager
September 24, 2007, City Council Meeting 9
STATE OF MINNESOTA)
SS)
COUNTY OR RAMSEY)
The foregoing instrument was acknowledged before me this day of
, 2007, by , Mayor of the City of
Maplewood, a Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
STATE OF MINNESOTA)
SS)
COUNTY OR RAMSEY)
The foregoing instrument was acknowledged before me this day of
, 2007, by , City Manager of the City
of Maplewood, a Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
Seconded by Councilmember Hjelle. Ayes — All
September 24, 2007, City Council Meeting 10
10. Mogren Street Improvements, City Project 06-17, Approve Revised Date for
Assessment Hearing.
Councilmember Cave moved to approve the Mogren Street Improvements, City Project 06-17,
Approving the Revised Date for the Assessment Hearing from October 8, 2007, to October 22,
2007.
RESOLUTION 07-09-175
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared
an assessment roll for the Mogren Street Improvements, City Project 06-17, and the said
assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
nd
1. A hearing shall be held on the 22 day of October 2007, at the city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment
to be published in the official newspaper, at least two weeks prior to the hearing, and to mail
notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of
the improvement the area to be assessed, that the proposed assessment roll is on file with the
clerk and city engineer and that written or oral objections will be considered.
Seconded by Councilmember Hjelle. Ayes — All
11. Gladstone Area Redevelopment, City Project 04-21, Resolution Designating Frost
Avenue and East Shore Drive as Municipal State Aid Streets.
Mayor Longrie moved to approve the Gladstone Area Redevelopment, City Project 04-21,
Resolution Designating ating Frost Avenue and East Shore Drive as Municipal State Aid Streets.
Mayor Longrie would like the city to keep in mind that when this item comes back to the city
council that the City of Maplewood should have written documentation stating that Ramsey
County acknowledges that this repair is Ramsey County's responsibility and that even if the City
of Maplewood does the work because Maplewood has the resources to do the work that Ramse
County reimburses the City of Maplewood for those services
September 24, 2007, City Council Meeting 11
RESOLUTION 07-09-168
ESTABLISHING MUNICIPAL STATE AID HIGHWAY
WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter
described meet all necessary criteria and thus should be designated as a Municipal State Aid
street under the provision of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood that the roadways described as follows, to -wit:
Frost Avenue, TH 61 to White Bear Avenue (2.20 mile of CSAH Turnback)
East Shore Drive, Frost Avenue to Larpenteur Avenue (0.68 mile of CSAH Turnback)
be, and hereby is established, located, and designated a Municipal State Aid street of said city,
subject to the approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to
forward two certified copies of this resolution to the Commissioner of Transportation for her
consideration, and that upon her approval of the designation of said road or portion thereof, the
same be constructed, improved, and maintained as a Municipal State Aid street of the City of
Maplewood to be numbered and known as a Municipal State Aid Street 160 for Frost Avenue and
161 for East Shore Drive.
Seconded by Councilmember Juenemann. Ayes — All
12. Historic Preservation Commission — 50th Anniversary.
Councilmember Cave moved to approve funds of $10,000 from the General Fund Marketing
Budget for the Maplewood 501h Anniversary events.
Seconded by Councilmember Hjelle. Ayes — All
September 24, 2007, City Council Meeting 12
13. Temporary Lawful Gambling Resolution — North Star Chapter of BCCA.
Councilmember Cave moved to approve the Temporary Lawful Gambling Resolution for the
North Star Chaoter of BCCA.
TEMPORARY LAWFUL GAMBLING
RESOLUTION 07-09-169
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the temporary permit for lawful gambling is approved for the North Star Chapter of
BCCA.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for
their approval.
Seconded by Councilmember Hjelle. Ayes — All
J. AWARD OF BIDS
General Obligation Improvement Bonds — Series 2007B — Resolution Accepting
Proposal on the Competitive Negotiated Sale of General Obligation
Improvement Bonds
a. Finance and Administration Manager, Bob Mittet gave the report.
b. Terrie Eden, Springsted, 380 Jackson Street, Ste. 300, St. Paul, addressed the
council. Ms. Eden gave an overview of the bid process for the council.
Councilmember Hjelle moved to approve the General Obligation Improvement Bonds — Series
2007B — Resolution Accepting Proposal on the Competitive Negotiated Sale of General
Obligation Improvement Bonds.
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: SEPTEMBER 24, 2007
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 September 24,
2007, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive
negotiated sale of, $5,090,000 General Obligation Improvement Bonds, Series 2007B.
September 24, 2007, City Council Meeting 13
The following members were present: Diana Longrie, Mayor
Rebecca Cave, Councilmember
Eric Hjelle, Councilmember
Kathleen Juenemann, Councilmember
Will Rossbach, Councilmember
and the following were absent: None
In accordance with the resolution adopted by the City Council on September 10, 2007, the City
Clerk presented proposals on $5,090,000 General Obligation Improvement Bonds, Series 2007B, which
were received and tabulated at the offices of Springsted Incorporated on this same day:
Bidder Interest Rate True Interest Cost
SEE ATTACHED
September 24, 2007, City Council Meeting 14
The Council then proceeded to consider and discuss the proposals, after which Councilmember
Hjelle introduced the following resolution and moved its adoption:
RESOLUTION 07-09-171
ACCEPTING PROPOSAL ON THE COMPETITIVE
NEGOTIATED SALE OF $5,090,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2007B, 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 $5,090,000 General
Obligation Improvement Bonds, Series 2007B (the 'Bonds"), of the City, pursuant to Minnesota Statutes,
Chapters 429 and 475, to finance the construction of various improvement projects within the City (the
"Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior to the
date hereof, after a hearing thereon for which notice was given describing the Improvements or all their
components by general nature, estimated cost, and area to be assessed; and
C. 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 UBS Securities LLC, Dallas, Texas (the
'Purchaser"), to purchase the Bonds of the City (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 $5,068,622.00, 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 titled "General Obligation Improvement Bonds, Series 200713", shall be dated October 15, 2007, 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 "Authorized Denominations"). The Bonds shall mature on February 1 in
the years and amounts as follows:
September 24, 2007, City Council Meeting 15
Year
Amount
Year
Amount
2009
$125,000
2017
$340,000
2010
330,000
2018
350,000
2011
340,000
2019
355,000
2012
350,000
2020
365,000
2013
360,000
2021
380,000
2014
330,000
2022
395,000
2015
330,000
2023
405,000
2016
335,000
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 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.
September 24, 2007, City Council Meeting 16
(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 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.
September 24, 2007, City Council Meeting 17
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; Cost. The Bonds shall provide funds to finance the Improvements. The total cost
of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is
estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with
due diligence to completion. The City covenants that it shall do all things and perform all acts required of
it to assure that work on the Improvements proceeds with due diligence to completion and that any and all
permits and studies required under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1
of each year (each, an "Interest Payment Date"), commencing August 1, 2008, calculated on the basis of a
360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity
years as follows:
Maturity
Interest
Maturity
Interest
Year
Rate
Year
Rate
2009
4.00%
2017
4.00%
2010
4.00%
2018
4.00%
2011
4.00%
2019
4.00%
2012
4.00%
2020
4.00%
2013
4.00%
2021
4.125%
2014
4.00%
2022
4.125%
2015
4.00%
2023
4.125%
2016
4.00%
5. Redemption. All Bonds maturing on February 1, 2019, and thereafter, shall be subject to
redemption and prepayment at the option of the City on February 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.
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
September 24, 2007, City Council Meeting 18
City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in
writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to
the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same
stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by
such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
6. Bond Registrar. 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 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:
September 24, 2007, City Council Meeting 19
R -
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
GENERAL OBLIGATION IMPROVEMENT BOND,
SERIES 2007B
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE
% FEBRUARY 1, OCTOBER 15, 2007
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
����IN,
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and
for value received promises to pay to the registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1
of each year (each, an "Interest Payment Date"), commencing August 1, 2008, 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 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.
September 24, 2007, City Council Meeting 20
Redemption. All Bonds of this issue (the 'Bonds") maturing on February 1, 2019 and thereafter
are subject to redemption and prepayment at the option of the Issuer on February 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.
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 number assigned to it
and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to
the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same
stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by
such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount
of $5,090,000, all of like date of original issue and tenor, except as to number, maturity, interest rate,
denomination and redemption privilege, 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 on September 24, 2007 (the "Resolution"), for the purpose of providing money to finance various
improvement projects within the jurisdiction of the Issuer. This Bond is payable out of the General
Obligation Improvement Bonds, Series 2007B 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 as fully registered bonds 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 by his, her or its attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to
the 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.
September 24, 2007, City Council Meeting 21
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 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.
Not Qualified Tax -Exempt Obli ag tion. This Bond has not 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.
September 24, 2007, City Council Meeting 22
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
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
CITY OF MAPLEWOOD, RAMSEY COUNTY
MINNESOTA
/s/ Facsimile
Mayor
/s/ Facsimile
Clerk
September 24, 2007, City Council Meeting 23
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
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.)
September 24, 2007, City Council Meeting 24
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
DATE AMOUNT SIGNATURE OF HOLDER
September 24, 2007, City Council Meeting
25
(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 such officer, the Bonds may be signed by the manual or facsimile signature of that officer
who may act on behalf of such absent or disabled officer. In case either such officer whose signature or
facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same
as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with
such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such
temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such
temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged
therefore and canceled.
(9) Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any
security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially
in the form hereinabove set forth, shall have been duly executed by an authorized representative of the
Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person.
The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of
the Certificate of Authentication on the Bond and by inserting as the date of registration in the space
provided the date on which the Bond is authenticated, except that for purposes of delivering the original
Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is October 15, 2007. 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 his, her or its attorney duly authorized in writing.
September 24, 2007, City Council Meeting 26
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 (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 Director to the Purchaser upon receipt of the purchase price, and the Purchaser
shall not be obliged to see to the proper application thereof.
15. Funds and Accounts. There has heretofore been created a capital projects fund designated
the "Public Improvement Projects Fund" held and administered by the Finance Director separate and apart
from all other funds of the City. The Public Improvement Projects Fund shall continue to be maintained in
the manner heretofore specified. In the Public Improvement Projects Fund there shall be created and
maintained separate construction accounts (the "Construction Accounts") for each improvement financed
by this bond issue. To the Construction Accounts there shall be credited the proceeds of the sale of the
Bonds, less accrued interest received thereon, and less 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
September 24, 2007, City Council Meeting 27
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 2007B Fund (the 'Debt Service Fund") to be administered and maintained by the Finance
Director as a bookkeeping account separate and apart from all other funds maintained in the official
financial records of the City. The Debt Service Fund shall be maintained in the manner herein specified
until all of the Bonds and the interest thereon have been fully paid. There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the Debt Service Fund: (a) all collections of
special assessments herein covenanted to be levied with respect to the Improvements and either initially
credited to the Construction Accounts and not already spent as permitted above and required to pay any
principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and
payment of the costs thereof, (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid
for the Bonds in excess of the minimum bid; (d) capitalized interest in the amount of $38,411.54, sufficient
to pay interest due on the Bonds on or before August 1, 2008; (e) any collections of all taxes herein or
hereafter levied for the payment of the principal and interest on the Bonds; (f) all funds remaining in the
Construction Accounts after completion of the 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 Bonds and any other general obligation
bonds of the City hereafter issued by the City and made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (i) for a reasonable temporary period until such proceeds are needed for the purpose for
which the Bonds were issued and (ii) 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 Accounts or Debt Service Fund (or any other City account
which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of
amounts which under then -applicable federal arbitrage regulations may be invested without regard to yield
shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or "minor
portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in
obligations or deposits issued by, guaranteed by or insured by the United States or any agency or
instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally
guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the
"Code").
16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to
the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section
475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot,
piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that
it will let all construction contracts not heretofore let within invalid with one year after ordering each
Improvement financed hereunder unless the resolution ordering the 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 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. The special assessments have heretofore been
authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The assessments are
payable in equal annual installments with interest on the declining balance at the rates specified below.
September 24, 2007, City Council Meeting 28
Subject to such adjustments as are required by conditions in existence at the time the assessments are
levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be
payable in equal, consecutive, annual installments, with general taxes for the years shown below and with
interest on the declining balance 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 specified below:
Improvement Collection
Designation Amount Levy Years Years Rates
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.
A portion of the Bond proceeds will be used to finance project costs related to the Desoto Area and
the Brookview Drive Area improvement projects. The special assessments for the Desoto Area and the
Brookview Drive Area improvement projects have been pledged to the City's General Obligation
Improvement Bonds, Series 2007A.
17. Tax Levy; Coverage Test. 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 as follows:
Year of Year of
Tax Lew Tax Collection Amount
SEE ATTACHED SCHEDULE
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 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.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all
pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds 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 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.
September 24, 2007, City Council Meeting 29
19. 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 19 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.
20. 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.
September 24, 2007, City Council Meeting 30
(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 20 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
with "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.
21. 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 Fund 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 Fund when a sufficient balance is
available therein.
22. Certificate of Registration. A certified copy of this resolution is hereby directed to filed in
the offices of the County Auditor of Ramsey County, Minnesota, together with such other information such
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.
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 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; 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 (i) requirements relating
to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield
on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to
satisfy the 18 -month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-
7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, 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.
September 24, 2007, City Council Meeting 31
26. 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.
27. 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
Juenemann and, after a full discussion thereof and upon a vote being taken thereon, the following voted in
favor thereof: Ayes - Councilmembers Cave, Hjelle, Juenemann,
Rossbach
and the following voted against the same: Nay — Mayor Longrie
Whereupon said 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 City 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 of said City, duly called and held on the date therein indicated,
insofar as such minutes relate to considering bids for, and awarding the competitive negotiated sale of,
$5,090,000 General Obligation Improvement Bonds, Series 2007B.
WITNESS my hand on September 24, 2007.
City Clerk
Seconded by Councilmember Juenemann. Ayes - All
September 24, 2007, City Council Meeting 32
K. UNFINISHED BUSINESS
Lark/Prosperity Area Street Improvement, Project 07-15, Burke Avenue Options
(Cul-de-sac Survey)
a. Public Works Director, Chuck AN gave the report and answered questions of the
council and Maplewood residents.
b. City Attorney, Alan Kantrud answered questions of the council.
Mayor Longrie asked if anyone wanted to speak regarding this item.
Carole Lynne, 1723 Burke Avenue East, Maplewood, addressed the council. Ms. Lynne
spoke about the "no thru traffic sign" that the city posted in the neighborhood 10 days ago
and the significant decrease in the amount of traffic. Now it's mostly neighborhood traffic
driving through the area. Ms. Lynne said it's very quiet now and she felt the proposed
traffic counts were inaccurate.
2. Tom Zangs, 1771 Burke Avenue East, Maplewood, addressed the council. He is opposed
to the cul-de-sac and he doesn't think there is a traffic volume concern here. He said he
hasn't seen a lot of accidents but he thinks most accidents are caused from driving too
fast. He is opposed to a cul-de-sac and/or a "pork chop median" and asked that the city do
nothing here.
Councilmember Rossbach recommended that the council do nothing at this time and also
recommended denying the original cul-de-sac petition.
Seconded by Councilmember Hjelle. Ayes — Councilmembers Cave, Hjelle,
Rossbach
Nays — Councilmember Juenemann,
Mayor Longrie
L. NEW BUSINESS
1. Conservation Easements — Authorization to contract with Minnesota Land Trust to
Proceed with Implementation on Tier One Sites.
a. Public Works Director, Chuck AN gave the report and answered questions of the
council.
b. City Attorney, Alan Kantrud answered questions of the council.
Councilmember Hjelle moved to table this item to a future date and directed city staff to schedule
and present a 2 -hour work shop for the purpose of further informing the public about other
available land use tools. This work shop should be presented by one individual but the
information may come from several different sources.
Seconded by Councilmember Rossbach.
Councilmember Rossbach made a friendly amendment that this information could be presented
by more than one individual.
Councilmember Hjelle denied the friendly amendment.
September 24, 2007, City Council Meeting 33
Councilmember Rossbach seconded the motion. Ayes — Councilmembers Hjelle,
Juenemann, Rossbach
Nays — Mayor Longrie,
Councilmember Cave
Mayor Longrie said she voted Nay because she found it interesting that the councilmember's that
have been on the council the longest are confused as to what the various options are for
Conservation Easements.
2. Desoto Skillman Area Street Improvements, City Project 06-16.
a. Resolution Approving Change Order 2 & 3
b. Public Works Director, Chuck AN gave the report.
Mayor Longrie asked if anyone wanted to speak regarding this item.
Dick Dufrense, 1721 Desoto Street, Maplewood addressed the council. He said this is a failed
process and the only way this project is going to pass is for the council to honor their original
public commitment to the citizen's committee process and pass the Change Order without regard
to the contingencies. He said the city is asking him to pay for this and he said he isn't going to pay
for the improvements. He said he only reinitiated the public process that was first put in place and
he would like to see this carried through.
The council asked questions of Mr. Dufrense and Mr. Dufrense responded.
Councilmember Cave moved to approve the Desoto Skillman Area Street Improvements, City
Project 06-16. Approving Change Order 2 for the additional work requests for sanitary and storm
sPwPr work_
RESOLUTION 07-09-172
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 06-16, CHANGE ORDER 2
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 06-16, Desoto Skillman Area Neighborhood 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 06-16, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
The mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $13,980.77. The
revised contract amount is $3,221,000.97.
Seconded by Councilmember Hjelle.
Ayes — All
September 24, 2007, City Council Meeting 34
Councilmember Cave moved to approve the Desoto Skillman Area Street Improvements,
City Project 06-16. Approving Change Order 3 for an increase in cost for the change in
retaining wall block eliminating that Mr. DuFresne contribute to the cost of the wall.
RESOLUTION 07-09-173
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 06-16, CHANGE ORDER 3
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 06-16, Desoto Skillman Area Neighborhood 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 06-16, Change Order No. 3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
The mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 3 in the amount of $15,680.00. The
revised contract amount would be $3,236,680.97.
Seconded by Mayor Longrie.
Ayes — Mayor Longrie,
Councilmembers Cave,
Rossbach
Nays — Councilmembers Hjelle,
Juenemann
3. Lark Prosperity Area Street Improvements, City Project 07-15
a. Public Works Director, Chuck AN gave the report.
Councilmember Cave moved to approve the Lark Prosperity Area Street Improvements, City
Project 07-15 for the Modification of Existing Construction Contract, Change Order Number 1.
RESOLUTION 07-09-174
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 07-15, CHANGE ORDER 1
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 06-16, Desoto Skillman Area Neighborhood 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 07-15, Change Order No. 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by
executing said Change Order Nos. 1 in the amount of -$51,912.00. The revised contract
amount is $2,442,328.24.
Seconded by Councilmember Hjelle. Ayes - All
September 24, 2007, City Council Meeting 35
a. Discussion on City Council Policy regarding City Commission Membership.
a. City Manager, Greg Copeland gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
The council had a question and answer session regarding this item and the council decided not to
take any action at this time.
2. COUNCIL PRESENTATIONS
M1. Political Signs
Councilmember Cave discussed the issue of political signs being removed from properties in
Maplewood. Councilmember Rossbach stated he had many of his political council signs stolen
during the election period also. Councilmember Juenemann stated she also had many political
signs stolen during the process of the elections when she ran for city council.
M2. NEST
Mayor Longrie said she and Councilmember Rossbach attended a NEST meeting. A request was
made to extend the NEST budget so she didn't have much to share with the council at this time.
However, she hoped that she would have an update regarding the budget from Mr. Norman with
NEST at the next city council meeting.
Councilmember Rossbach had a few things to add to the NEST meeting discussion.
3. ADMINISTRATIVE PRESENTATIONS
N1. Excel Energy Substation
City Attorney, Alan Kantrud referred to an ongoing complaint from a Maplewood resident. The
resident has stated during Visitor Presentations at city council meetings that her official notices of
dated material have not been responded to. This resident's complaint is regarding the Kohlman
Lake Substation. Mr. Kantrud said he replied to the resident in a letter dated August 10, 2007,
which was in regards to her August 5, 2007, correspondence. Mr. Kantrud then read aloud a
document from Don Nelson, a Pollution Control Senior Specialist in Solid Waste Compliance with
the Minnesota Pollution Control Agency, dated August 10, 2007. Mr. Nelson wrote that on August
10, 2007, he inspected the Kohlman Lake Substation owned by Excel Energy, located in
Maplewood. Mr. Kantrud said he would provide a copy of this documentation to Mayor Longrie
and the city council.
4. ADJOURNMENT
Mayor Longrie adjourned the meeting at 10:34 p.m.
September 24, 2007, City Council Meeting 36
Interest Net Interest True Interest
Bidder Rates Price Cost Rate
GRIFFIN, KUBIK, STEPHENS & 4.125% 2009-2012 $5,092,084.70 $1,893,643.63 4.2103%
THOMPSON, INC. 3.50% 2013
4.25% 2014-2022
4.375% 2023
MORGAN STANLEY & CO. INC. 4.00% 2009-2018 $5,053,101.30 $1,892,042.76 4.2268%
4.125% 2019-2020
4.25% 2021-2022
4.375% 2023
-----------------------------------------------------------------------------------------------------------------------------------------------------------------
REOFFERING SCHEDULE OF THE PURCHASER
Rate
Year
Yield
4.00%
2009
3.45%
4.00%
2010
3.48%
4.00%
2011
3.50%
4.00%
2012
3.54%
4.00%
2013
3.58%
4.00%
2014
3.64%
4.00%
2015
3.72%
4.00%
2016
3.78%
4.00%
2017
3.88%
4.00%
2018
Par
4.00%
2019
4.10%
4.00%
2020
4.20%
4.125%
2021
4.25%
4.125%
2022
4.30%
4.125%
2023
4.35%
BBI: 4.51 %
Average Maturity: 8.821 Years
Subsequent to bid opening, the issue size was not changed.
INFORMATION BRIEF
Minnesota House of Representatives
Research Department
600 State Office Building
St. Paul, MN 55155
&t dzLl"Le
Deborah A. Dyson, Legislative Analyst
651-296-8291 Revised: September 2006
Minnesota Open Meeting Law
The Minnesota Open Meeting Law' requires that meetings of governmental
bodies generally be open to the public. The Minnesota Supreme Court has
articulated three purposes of the law:
• To prohibit actions being taken at a secret meeting where it is impossible for the
interested public to become fully informed about a public board's decisions or to
detect improper influences
• To assure the public's right to be informed
• To afford the public an opportunity to present its views to the public body'
This information brief discusses the groups and types of meetings covered by the open
meeting law, and then reviews the requirements of and exceptions to the law and the
penalties for its violation.
Contents
Page
Groups and Meetings Governed by the Open Meeting Law ........................... 2
Requirementsof the Open Meeting Law ......................................................... 5
Exceptions to the Open Meeting Law..............................................................6
Penalties.........................................................................................................10
Advice.........................................................................................................11
' Minn. Stat. ch. 13D (recoded from Minn. Stat. § 471.705 in 2000). The Minnesota Open Meeting Law was
originally enacted in Laws 1957, chapter 773, section 1.
' Prior Lake American v. Mader, 642 N. W.2d 729, 735 (Minn. 2002) (citing St. Cloud Newspapers, Inc. V.
District 742 Community Schools, 332 N.W.2d 1, 4 (Minn. 1983)). While the courts consistently say that the open
meeting law is to afford the public an opportunity to present its views to the public body, there is no general right for
members of the public to speak at a meeting. Some statutes, and perhaps some home rule charters, specify that a
hearing on a particular matter must be held at which anyone who wishes to address the public body may do so.
This publication can be made available in alternative formats upon request. Please call 651-296-6753 (voice);
or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Many House Research
Department publications are also available on the Internet at: www.house.mn/hrd/hrd.htm.
House Research Department
Minnesota Open Meeting Law
Revised: September 2006
Page 2
Groups and Meetings Governed by the Open Meeting Law
The law applies to all levels of state and local government.
The open meeting law applies to:
• a state agency, board, commission, or department when it is required or permitted by law
to transact public business in a meeting;
• the governing body of any school district, unorganized territory, county, city, town, or
other public body; and
• a committee, subcommittee, board, department, or commission of a public body subject
to the law.'
"Public body" is not defined but the Minnesota Supreme Court has stated that "[i]n common
understanding, `public body' is possibly the broadest expression for the category of
governmental entities that perform functions for the public benefit."'
In determining whether the open meeting law applies to a particular entity, one should look at all
of the entity's characteristics. For example, in a 1998 case, the Minnesota Supreme Court held
that because the statute authorizing creation of a municipal power agency authorized an agency
to conduct its affairs as a private corporation, it could hold closed meetings.' The court held so
notwithstanding the statute that provides for municipal power agencies to be political
subdivisions of the state.'
In July 2004, the Minnesota Supreme Court held that both the open meeting law and the
government data practices act apply to the University of Minnesota Board of Regents. The court
also held that application of these laws to the university does not violate the university's
constitutional autonomy.?
' Minn. Stat. § 13D.01, subd. 1.
4 Star Tribune Co. v. University of Minnesota Board of Regents, 683 N.W.2d 274, 280 (Minn. 2004).
5 Southern Minnesota Mun, Power Agency v. Boyne, 578 N.W.2d 362, 364 (Minn. 1998) (citing Minn. Stat. §
453.54, subd. 21, and discussing the factors that distinguish a public corporation from a private corporation).
6 Minn. Stat. § 453.53, subd. 1, ¶ (1) (The agency agreement shall state: "(1) That the municipal power agency
is created and incorporated ... as a municipal corporation and a political subdivision of the state, to exercise
thereunder a part of the sovereign powers of the state;").
'Star Tribune Co., 683 N.W.2d 274. In 2002, Mark Yudof, resigned from the presidency of the University of
Minnesota. When finalists for the position had been selected but not announced, the Board of Regents closed a
meeting to interview them, ensuring their privacy. The university asserted that its constitutional autonomy meant it
was not subject to these laws. A number of newspapers sued, claiming that the university is subject to the open
meeting law and data practices act, and violated both Iaws. The district court and court of appeals agreed with the
newspapers, and the state supreme court affirmed those decisions.
House Research Department
Minnesota Open Meeting Law
Revised: September 2006
Page 3
The law generally applies to nonprofit corporations created by governmental entities.
The list of groups covered by the open meeting law does not refer to nonprofit corporations
created by a governmental entity. However, the law creating a specific public nonprofit
corporation may specify that it is subject to the open meeting law.' In addition, corporations
created by political subdivisions are now clearly subject to the open meeting law.'
Gatherings of less than a quorum of a public body are not subject to the law; a "meeting"
is held when the group is capable of exercising decision-making powers.
The Minnesota Supreme Court has held that the open meeting law applies only to a quorum or
more of members of the governing body or a committee, subcommittee, board, department, or
commission of the governing body." Serial meetings in groups of less than a quorum held in
order to avoid open meeting law requirements may also be found to be a violation, depending on
the facts of the case."
A public body subject to the law should be cautious about using e-mail to communicate with
other members of the body. Although the statute does not specifically address the use of e-mail,
it is likely that the court would analyze use of e-mail in the same way as it has telephone
conversations and letters.12 That is, communication about official business through telephone
conversations or letters by a quorum of a public body subject to the law would violate the law.
Serial communication through telephone conversations or letters by less than a quorum with the
intent to avoid a public hearing or to come to an agreement on an issue relating to official
business could also violate the law.
In a 1993 case, the Minnesota Court of Appeals held that the open meeting law was not violated
when two of five city council members attended private mediation sessions related to city
business. The court determined that the two council members did not constitute a committee or
8 E.g., Minn. Stat. §§ 17.987, subd. 3, ¶ (c) (Market Champ, Inc.); 116J.693, subds. 2 and 3 (Advantage
Minnesota, Inc.); 1160.03, subd. 5 (Minnesota Technology, Inc.); 1160.09, subd. 9 (Agricultural Utilization
Research Institute); 116S.02, subds. 6 and 7 (Minnesota Business Finance, Inc.); 128C.22 (State High School
League); and Laws 1990, ch. 535, § 2, subd. 6 (Lake Superior Center Authority).
9 Minn. Stat. § 465.719, subd. 9 (enacted by Laws 2000, ch. 455, art. 1, § 2, subd. 9). A 1986 attorney general
opinion stated that the open meeting law did not apply to nonprofit corporations created by political subdivisions.
Op. Att'y Gen. 92a-30, Jan. 29, 1986. The 1999 Legislature established a task force to recommend legislation in
2000 governing corporations created by political subdivisions. Laws 1999, ch. 186. Among other things, the 2000
legislation addressed the issue of application of the open meeting law, stating that the law applied and a corporation
created by a political subdivision cannot be exempted from it.
10 Moberg v. Independent School Dist. No. 281, 336 N.W.2d 510 (Minn. 1983).
" Id. at 518; see also Mankato Free Press, Inc. v. City of North Mankato, 563 N.W.2d 291, 295 (Minn. App.
1997). On remand to the district court for a factual finding on whether the city used serial interviews to avoid the
open meeting law, the trial court found, and the court of appeals affirmed, that the serial meetings were not held to
avoid the law. Mankato Free Press, Inc. v. City of Mankato, 1998 WL 865714 (Minn. App. 1998) (unpublished
opinion).
12 Moberg, 336 N.W.2d at 510.
House Research Department
Minnesota Open Meeting Law
Revised: September 2006
Page 4
subcommittee of the council because the group was not capable of exercising decision-making
powers.13
The law applies to informational meetings.
The Minnesota Supreme Court has held that the open meeting law applies to all gatherings of
members of a governing body, regardless of whether or not action is taken or contemplated.
Thus, a gathering of members of a public body for an informational seminar on matters currently
facing the body or that might come before the body must be conducted openly.14 However, a
1975 attorney general opinion stated that city council attendance at a League of Minnesota Cities
training program for city officials did not violate the open meeting law if the members did not
discuss specific municipal business.15
The law does not cover chance or social gatherings.
The open meeting law does not apply to chance or social gatherings of members of a public
body.16 However, a quorum of a public body may not, as a group, discuss or receive information
on official business in any setting under the guise of a private social gathering."
The law does not apply to certain types of advisory groups.
The Minnesota Court of Appeals has held that the open meeting law does not apply to certain
types of advisory groups." In that case, a presidential search advisory committee to the
University of Minnesota Board of Regents was held not to be a committee of the governing body
for purposes of the open meeting law. In reaching its holding, the court pointed out that no
regents were on the search committee, and that the committee had no power to set policy or
make a final decision. It is not clear if a court would reach the same result if members of the
governing body were also on the advisory committee. Depending on the number of members of
the governing body involved and on the form of the delegation of authority from the governing
body to the members, a court might consider the advisory committee to be a committee of the
governing body.
A separate law applies to the legislature.
In 1990, the legislature passed a law separate from the open meeting law that requires all
legislative meetings be open to the public.19 The law applies to House and Senate floor sessions
and to meetings of committees, subcommittees, conference committees, and legislative
13 Sovereign v. Dunn, 498 N.W.2d 62 (Minn. App. 1993).
14 St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1 (Minn. 1983).
"Op. Att'y Gen. 63a-5, Feb. 5, 1975.
16 St. Cloud Newspapers, Inc., 332 N.W.2d at 7.
Moberg, 336 N.W.2d at 518.
'$ The Minnesota Daily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. 1988).
19 Minn. Stat. § 3.055 (added by Laws 1990, ch. 608, art. 6, § 1).
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commissions. For purposes of this law, a meeting occurs when a quorum is present and action is
taken regarding a matter within the jurisdiction of the group. Each house of the legislature must
adopt rules to implement these requirements. Remedies provided under these rules are the
exclusive means of enforcing this law.
Requirements of the Open Meeting Law
The primary requirement of the open meeting law is that meetings be open to the public.
The law also requires that votes in open meetings be recorded in a journal and that the journal be
open to the public. The vote of each member must be recorded on appropriations of money,
except for payments of judgments and claims and amounts fixed by statute.20 A straw ballot to
narrow the list of candidates for city administrator and not made public was held to be a secret
vote in violation of the open meeting law.21
Open meetings must be held in a public place within the borders of the public body '
Meetings may be held by interactive television if specified conditions are met to ensure openness
and accessibility for those who wish to attend.' The Minnesota Agricultural and Economic
Development Board, Rural Finance Agency, the Small Business Development Center Advisory
Board, the Minnesota Jobs Skills Partnership Board, the Governor's Workforce Development
Council, the Urban Initiative Board, the Explore Minnesota Tourism Council, the Minnesota
Veterans Home Board of Directors, the Minnesota State Council on Disability, and the
Minnesota Housing Finance Agency have broader authority to hold meetings by telephone
conference call or other electronic means as long as specified conditions are met to ensure
openness and accessibility for those who wish to attend.24
The law requires public bodies to give notice of their meetings.
In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation
of the open meeting law.25 The court has also held that it is a violation of the open meeting law
to conduct business before the time publicly announced for a meeting.26
20 Minn. Stat. § 13D.01, subds. 4 and 5.
21 Mankato Free Press Co., 563 N.W.2d at 295-96.
22 Quast v. Knutson, 276 Minn. 340, 341, 150 N.W.2d 199, 200 (Minn. 1967) (school board meeting held 20
miles outside the jurisdiction of the school board at a private office did not comply with open meeting law;
consolidation proceedings were fatally defective because the resolution by which the proceedings were initiated was
not adopted at a public meeting as required by law).
' Minn. Stat. § 1313.02. See also Minn. Stat. § 471.59, subd. 2 (joint powers board for educational purposes).
24 Minn. Stat. §§ 41A.0235; 4113.026; 116168, subd. 5; 116L.03, subd. 8; 116L.665, subd. 2a; 116M.15, subd.
5; 116U.25; 198.003, subd. 6; 256.482, subd. 5b; 462A.041.
2s Sullivan v. Credit River Township, 299 Minn. 170, 174, 217 N.W.2d 502 (1974).
26 Merz v. Leitch, 342 N.W.2d 141, 145 (Minn. 1984).
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In 1987, the legislature spelled out the notice requirements in statute for regular, special,
emergency, and closed meetings. Public bodies must do the following:
• Keep schedules of regular meetings on file at their offices'
• Post notice of special meetings (meetings held at a time or place different for regular
meetings) on their principal bulletin board. The public body must also either mail notice
to people who have requested such mailings, or publish notice in the official newspaper,
at least three days before the meetings'
• Make good faith efforts to notify news media that have filed written requests (with
telephone numbers) for notice of emergency meetings (special meetings called because of
circumstances that require immediate consideration)'
The same notice requirements apply to closed meetings."
For state agencies, absent any other specific law governing notice, publication requirements can
be satisfied by publishing notice in the State Register.31
The law requires relevant materials to be publicly available.
The open meeting law requires that for open meetings, at least one copy of any printed material
prepared by the public body and distributed or available to all members of the public body also
be available in the meeting room for inspection by the public. This requirement does not apply
to materials that are classified as other than public under the Government Data Practices Act."
Exceptions to the Open Meeting Law
The law does not apply to state agency disciplinary hearings.
The open meeting law does not apply to any state agency, board, or commission when exercising
quasi-judicial functions involving disciplinary hearings."
" Minn. Stat. § 13D.04, subd. 1 (§ 13D.04, previously § 471.705, subd. lc, was added by Laws 1987, ch. 313,
§ 5)•
" Minn. Stat. § 13D.04, subd. 2; Rupp v. Mayasich, 533 N.W.2d 893 (Minn. App. 1995) (bulletin board must
be reasonably accessible to the public). A February 3, 2004, advisory opinion by the Commissioner of
Administration stated that a public body's actions at a special meeting are limited to those topics included in the
notice of special meeting. Minnesota Department of Administration Advisory Opinion 04-004.
2' Minn. Stat. § 13D.04, subd. 3.
30 Minn. Stat. § 13D.04, subd. 5.
31 Minn. Stat. § 13D.04, subd. 6.
32 Minn. Stat. § 13D.01, subd. 6.
33 Minn. Stat. § 13D.01, subd. 2 (2); see also Zahavy v. University of Minnesota, 544 N.W.2d 32,41-42 (Minn.
App. 1996).
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Certain meetings involving employee evaluation or discipline must be closed.
A public body must close meetings for preliminary consideration of allegations or charges
against an individual subject to its authority.34 If the members of the public body conclude that
discipline may be warranted as a result of those charges, further meetings or hearings relating to
the charges must be open. Meetings must also be open at the request of the individual who is the
subject of the meeting.
Statutes other than the open meeting law may permit or require closed meetings for certain local
governmental bodies to conduct specific kinds of disciplinary hearings. For example, school
board hearings held to discharge or demote a teacher are private unless the affected teacher
wants a public hearing."
A public body may close a meeting to evaluate the performance of an individual who is subject
to its authority.36 Before closing a meeting, the public body must identify the individual to be
evaluated. The public body must summarize the conclusions of the evaluation at its next open
meeting. An evaluation meeting must be open at the request of the subject of the meeting.
A meeting may be closed to discuss labor negotiations.
The open meeting law permits a public body to hold a closed meeting to discuss strategy and
proposals for labor negotiations conducted under the Public Employment Labor Relations Act."
The statute specifies procedures for tape-recording of these meetings, and for the recordings to
become public when negotiations are completed.38 Another law permits the Commissioner of
the Bureau of Mediation Services to close negotiations and mediation sessions between public
employers and public employees. These negotiations are public. meetings, unless the
commissioner closes them."
The law permits closed meetings based on a limited attorney-client privilege.
In 1976, the Minnesota Supreme Court held that there is a limited exception, based on the
attorney-client privilege, for meetings to discuss strategy for threatened or pending litigation.40
In 1990, the legislature added the attorney-client exception to the open meeting law." Although
"Minn. Stat. § 13D.05, subd. 2 (b).
35 Minn. Stat. § 122A.41, subd. 9.
36 Minn. Stat. § 13D.05, subd. 3 (a).
37 Minn. Stat. § 13D.03, subd. 1.
3a Minn. Stat. § 13D.03, subd. 2.
39 Minn. Stat. § 179A.14, subd. 3.
40 Minneapolis Star & Tribune Co. v. Housing & Redevelopment Auth., 310 Minn. 313, 324, 251 N.W.2d 620,
626 (1976).
41 Minn. Stat. § 13D.05, subd. 3(b) (added by Laws 1990, ch. 550 § 2).
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the statute is not limited, the court has since held that the scope of the exception remains limited
in relation to the open meeting law."
The attorney-client privilege exception does not apply to a mere request for general legal advice.
Nor does it apply when a governing body seeks to discuss with its attorney the strengths and
weaknesses of a proposed legislative enactment (like a city ordinance) that may lead to future
lawsuits because that can be viewed as general legal advice. Furthermore, discussion of
proposed legislation is just the sort of discussion that should be public.43
In order to close a meeting under the attorney-client privilege exception, the governing body
must give a particularized statement describing the subject to be discussed. A general statement
that the meeting is being closed to discuss pending or threatened litigation is not sufficient.`
A meeting may be closed to address certain security issues.
If disclosure of the information discussed would pose a danger to public safety or compromise
security procedures or responses, a meeting may be closed to:
• receive security briefings and reports,
• discuss issues related to security systems,
• discuss emergency response procedures, and
• discuss security deficiencies in or recommendations regarding public services,
infrastructure, and facilities.
Before closing a meeting, the public body must refer to the facilities, systems, procedures,
services, or infrastructures to be considered during the closed meeting. A closed meeting must
be tape-recorded at the expense of the governing body, and the recording must be preserved for
at least four years.
Financial issues related to security matters must be discussed and all related financial decisions
must be made at an open meeting.41
42 Star Tribune v. Board of Ed., Spec. School Dist. No. 1, 507 N.W.2d 869 (Minn. App. 1993) review denied
(Minn. Dec. 22, 1993). The court of appeals did not accept the argument that the statutory exception encompassed
the full attorney-client privilege because that would result in the exception swallowing the rule in favor of open
meetings. In a recent case, the Minnesota Supreme Court restated that the attorney-client privilege exception only
applies when the purposes for the exception outweigh the purposes of the open meeting law. In that case, the court
found that a threat of a lawsuit if a city council decision did not support a request did not warrant closing the
meeting. Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002) (en bane). Cf Brainerd Daffy Dispatch v.
Dehen, 693 N.W.2d 435 (Minn. App. 2005) (applying analysis of StarTrlbune and Prior Lake American, finding
dueab were sufficieotly specific and m mi ent that confidential consultation with legal counsel appointed by city's
insurer to discuss defense strategy or reconciliation to address a fteetened kwsuh justified cling the rrmtirt X
43 Northwest Publications, IIu r City of St. Paul, 435 N.W.2d 64 (Mian. App. 1999Y, Star Trio , 507
N.W.2d at 872.
44 The Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. App. 2004).
"Minn. Stat. § 13D.05, subd. 3.
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A meeting may be closed to discuss certain issues relating to government property sales or
purchases.
A public body may close a meeting to:
• determine the asking price for real or personal property to be sold by the government
entity;
• review confidential or nonpublic appraisal data; and
• develop or consider offers or counteroffers for the purchase or sale of real or personal
property.
Before holding a closed meeting, the public body must identify on the record the particular
property that is the subject of the closed meeting. The proceedings must be tape-recorded at the
expense of the public body. The recording must be preserved for eight years after the date of the
meeting and made available to the public after all property discussed at the meeting has been
purchased or sold or the governing body has abandoned the purchase or sale. The property that
is the subject of the closed meeting must be specifically identified on the tape. A list of members
and all other persons present at the closed meeting must be made available to the public after the
closed meeting. If an action is brought claiming that public business other than discussions
allowed under this exception was transacted at a closed meeting held during the time when the
tape is not available to the public, the court would review the recording of the meeting in camera
and either dismiss the action if the court finds no violation, or permit use of the recording at trial
(subject to protective orders) if the court finds there is a violation.46
An agreement reached that is based on an offer considered at a closed meeting is contingent on
approval of the public body at an open meeting. The actual purchase or sale must be approved at
an open meeting after the notice period required by statute or the governing body's internal
procedures, and the purchase price or sale price is public data. 47
There is a narrow exception for certain meetings of public hospital boards.
Boards of public hospitals and certain health organizations may close meetings to discuss
competitive market activities and contracts.48
On-site inspections by town board members are not subject to the law.
The law does not apply to a gathering of town board members to perform on-site inspections, if
the town has no employees or other staff able to perform the inspections and the town board is
acting essentially in a staff capacity. The town board must make good faith efforts to provide
notice of the inspections to the media that have filed a written request, including a telephone
46 Minn. Stat. § 13D.05, subd. 3, referring to § 13D.03, subd. 3.
47 Minn. Stat. § 13D.05, subd. 3. Property appraisal data covered by this law is described in Minnesota
Statutes, section 13.44, subdivision 3.
48 Minn. Stat. § 144.581, subds. 4 and 5.
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number, for notice. Notice must be by telephone or by any other method used to notify the
members of the public body.49
The law does not apply to meetings of the Commissioner of Corrections.50
The law specifies how it relates to the Government Data Practices Act.
Except as specifically provided, public meetings may not be closed to discuss data that are not
public data under the Government Data Practices Act.51 Data that are not public may be
discussed at an open meeting without liability, if the matter discussed is within the public body's
authority and if it is reasonably necessary to conduct the business before the public body. 'I
A portion of a meeting must be closed if the following data are discussed:
• Data that would identify alleged victims or reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors or vulnerable adults53
• Active investigative data collected by a law enforcement agency, or internal affairs data
relating to alleged misconduct by law enforcement personnel'
• Certain types of educational, health, medical, welfare, or mental health data that are not
public data"
Penalties
The open meeting law provides a civil penalty of up to $300 for intentional violation." A person
who is found to have intentionally violated the law in three or more legal actions involving the
same governmental body forfeits the right to serve on that body for a time equal to the term the
person was serving. The Minnesota Supreme Court has held that this removal provision is
constitutional, provided that the violations occurred after the person had a reasonable amount of
time to learn the responsibilities of office."
"Minn. Stat. § 366.0 1, subd. 11.
so Minn. Stat. § 13D.01, subd. 2 (1). This exception does not make sense, Until 1982, the exception was for
meetings of the corrections board --a multimember body. A 1983 instruction directed the revisor of statutes to
change "corrections board" to "commissioner of corrections" throughout the statutes. Laws 1983, ch. 274, § 18.
s' Minn. Stat. § 13D.05, subd. 1.
sa Minn. Stat. §§ 13.03, subd. 11, 13.05, subd. 4, ¶ (e), and 13D.05, subd. 1.
ss Minn. Stat. § 13D.05, subd. 2 (a)(1).
sa Minn. Stat. § 13D.05, subd. 2 (a)(2).
ss Minn. Stat. § 13D.05, subd. 2 (a)(3).
ss Minn. Stat. § 13D.06.
57 Claude v. Collins, 518 N.W.2d 836, 843 (Minn. 1994).
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A public body may not pay a civil penalty on behalf of a person who violated the law. However,
a public body may pay any costs, disbursements, or attorney fees incurred by or awarded against
a member of the body in an action under the open meeting law if the member was found not
guilty of a violation.58
A court may award reasonable costs, disbursements, and reasonable attorney fees of up to
$13,000 to any party in an action under the open meeting law. However, the following
conditions apply:
• A court may award costs and attorney fees to a defendant only if it finds that the action
was frivolous and without merit
• A court may award monetary penalties or attorney fees against a member of a public
body only if the court finds there was specific intent to violate the open meeting law
The appropriate mechanism to enforce the open meeting law is to bring an action in district court
seeking injunctive relief or damages. The statute does not provide for a declaratory judgment
action.59
The Minnesota Supreme Court has held that actions taken at a meeting held in violation of the
open meeting law are not invalid or rescindable.60
Advice
Public bodies subject to the open meeting law may seek advice on the application of the law and
how to comply with it from three sources:
• The governmental entity's attorney
• The attorney general"
• The Commissioner of Administration'
An individual may seek advice from two sources:
• The individual's attorney
• The Commissioner of Administration63
58 Op. Att'y Gen. 471-a, Dec. 31, 1992.
59 Rupp v. Mayasich, 561 N.W.2d 555 (Minn. App. 1997).
60 Sullivan v. Credit River Township, 299 Minn. 170, 176-177, 217 N.W.2d 502, 507 (Minn. 1974).
61 Under Minnesota Statutes, section 8.06, the attorney general is the attorney for all state officers and boards
or commissions created by law. Under Minnesota Statutes, section 8.07, the attorney general, on request from an
attorney for a county, city, town, public pension fund, school board, or unorganized area, gives written opinions on
matters of public importance.
62 Minn. Stat. § 13.072, subds. 1 and 2.
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Since 2003, an individual who disagrees with the manner in which members of a governing body
perform their duties under the open meeting law may request the Commissioner of
Administration to give a written opinion on the governing body's compliance with the law.
A governing body or person requesting an opinion of the Commissioner of Administration must
pay a $200 fee if the commissioner issues an opinion.
The commissioner may decide not to issue an opinion. If the commissioner decides not to issue
an opinion, the commissioner must notify the requester within five days of receipt of the request.
If the commissioner decides to issue an opinion, it must be done within 20 days of the request
(with a 30 -day extension possible for good cause and notice to the requester). The governing
body must be allowed to explain how it performs its duties under the law.
Opinions of the Commissioner of Administration are not binding and a court is not required to
give the opinions deference. However, a governing body that conforms to an opinion is not
liable for fines, attorney's fees or any other penalty, or forfeiture of office.
For more information about open meetings and other issues related to the government, visit the
government operations area of our web site, www.house. mn/hrd/issinfo/gv_state.htm.
63 See www.ipad.state.mn.us/opinions/index.html for access to prior opinions of the Commissioner of
Administration or to find out how to request an opinion.
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 $5,090,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2007B, 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 $5,090,000
General Obligation Improvement Bonds, Series 2007B (the 'Bonds"), of the City, pursuant to
Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement
projects within the City (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been ordered prior
to the date hereof, after a hearing thereon for which notice was given describing the
Improvements or all their components by general nature, estimated cost, and area to be assessed;
and
C. 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 UBS Securities LLC, Dallas, Texas (the
'Purchaser"), to purchase the Bonds of the City (or individually, a 'Bond"), in accordance with
the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of
$5,068,622.00, 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 titled "General Obligation Improvement Bonds, Series 200713", shall be dated
October 15, 2007, 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 "Authorized
Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows:
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Year
Amount
Year
Amount
2009
$125,000
2017
$340,000
2010
330,000
2018
350,000
2011
340,000
2019
355,000
2012
350,000
2020
365,000
2013
360,000
2021
380,000
2014
330,000
2022
395,000
2015
330,000
2023
405,000
2016
335,000
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 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
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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.
(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 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.
2082353v1
(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 OnlySystem. 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; Cost. The Bonds shall provide funds to finance the Improvements. The
total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the
Improvements shall proceed with due diligence to completion. The City covenants that it shall
do all things and perform all acts required of it to assure that work on the Improvements
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proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on February 1 and
August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2008,
calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity
Interest
Maturity
Interest
Year
Rate
Year
Rate
2009
4.00%
2017
4.00%
2010
4.00%
2018
4.00%
2011
4.00%
2019
4.00%
2012
4.00%
2020
4.00%
2013
4.00%
2021
4.125$
2014
4.00%
2022
4.125%
2015
4.00%
2023
4.125%
2016
4.00%
5. Redemption. All Bonds maturing on February 1, 2019, and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 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.
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 his, her or its attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of any Authorized
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Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. 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 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:
2082353v1
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R- $
GENERAL OBLIGATION IMPROVEMENT BOND,
SERIES 2007B
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
% FEBRUARY 1, OCTOBER 15, 2007
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, unless called for earlier redemption, and to pay interest
thereon semiannually on February 1 and August I of each year (each, an "Interest Payment
Date"), commencing August 1, 2008, 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 the Letter of Representations, as defined in the Resolution, and surrender of this
2082353v1
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 February 1, 2019 and
thereafter are subject to redemption and prepayment at the option of the Issuer on February 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.
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 his, her or its
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a
new Bond or Bonds of the same series having the same stated maturity and interest rate and of
any Authorized Denomination or Denominations, as requested by such Holder, in aggregate
principal amount equal to and in exchange for the unredeemed portion of the principal of the
Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $5,090,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, 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 on September 24, 2007 (the "Resolution"), for the
purpose of providing money to finance various improvement projects within the jurisdiction of
the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series
2007B 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.
2082353vl
Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered
bonds 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 by his, her or its attorney
duly authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the 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 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.
Not Qualified Tax -Exempt Obli ag tion. This Bond has not 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.
2082353v1
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
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
2082353v1
Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
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
(Cust) (Minor)
under the Uniform
(State)
Transfers to Minors Act
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- I5(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
2082353v1
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
DATE AMOUNT SIGNATURE OF HOLDER
2082353v1
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 such officer, the Bonds may be
signed by the manual or facsimile signature of that officer who may act on behalf of such absent
or disabled officer. In case either such officer whose signature or facsimile of whose signature
shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he
or she had remained in office until delivery. The City may elect to deliver, in lieu of printed
definitive bonds, one or more typewritten temporary bonds in substantially the form set forth
above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures
of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds
and the execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or be
entitled to any security or benefit under this resolution unless a Certificate of Authentication on
such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is October 15, 2007. 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
2082353v1
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 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.
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 (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.
20823530
14. Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price,
and the Purchaser shall not be obliged to see to the proper application thereof.
15. Funds and Accounts. There has heretofore been created a capital projects fund
designated the "Public Improvement Projects Fund" held and administered by the Finance
Director separate and apart from all other funds of the City. The Public Improvement Projects
Fund shall continue to be maintained in the manner heretofore specified. In the Public
Improvement Projects Fund there shall be created and maintained separate construction accounts
(the "Construction Accounts") for each improvement financed by this bond issue. To the
Construction Accounts there shall be credited the proceeds of the sale of the Bonds, less accrued
interest received thereon, and less 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 2007B Fund (the "Debt Service Fund") to be administered and
maintained by the Finance Director as a bookkeeping account separate and apart from all other
funds maintained in the official financial records of the City. The Debt Service Fund shall be
maintained in the manner herein specified until all of the Bonds and the interest thereon have
been fully paid. There are hereby irrevocably appropriated and pledged to, and there shall be
credited to, the Debt Service Fund: (a) all collections of special assessments herein covenanted
to be levied with respect to the Improvements and either initially credited to the Construction
Accounts and not already spent as permitted above and required to pay any principal and interest
due on the Bonds or collected subsequent to the completion of the Improvements and payment of
the costs thereof, (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid
for the Bonds in excess of the minimum bid; (d) capitalized interest in the amount of $38,411.54,
sufficient to pay interest due on the Bonds on or before August 1, 2008; (e) any collections of all
taxes herein or hereafter levied for the payment of the principal and interest on the Bonds; (f) all
funds remaining in the Construction Accounts after completion of the 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
2082353v1
which are properly available and are appropriated by the governing body of the City to the Debt
Service Fund. The Debt Service Fund shall be used solely to pay the principal and interest and
any premiums for redemption of the Bonds and any other general obligation bonds of the City
hereafter issued by the City and made payable from said account as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to acquire
higher yielding investments, except (i) for a reasonable temporary period until such proceeds are
needed for the purpose for which the Bonds were issued and (ii) 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
Accounts or Debt Service Fund (or any other City account which will be used to pay principal or
interest to become due on the bonds payable therefrom) in excess of amounts which under
then -applicable federal arbitrage regulations may be invested without regard to yield shall not be
invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage
regulations on such investments after taking into account any applicable "temporary periods" or
"minor portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the United
States or any agency or instrumentality thereof if and to the extent that such investment would
cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than twenty percent (20%) of
the cost to the City of each Improvement financed hereunder within the meaning of Minnesota
Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied
against every assessable lot, piece and parcel of land benefitted by any of the Improvements.
The City hereby covenants and agrees that it will let all construction contracts not heretofore let
within one year after ordering each Improvement financed hereunder unless the resolution
ordering the 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. The
special assessments have heretofore been authorized in accordance with Minnesota Statutes,
Section 475.55, Subdivision 3. The assessments are payable in equal annual installments with
interest on the declining balance at the rates specified below. Subject to such adjustments as are
required by conditions in existence at the time the assessments are levied, the assessments are
hereby authorized and it is hereby determined that the assessments shall be payable in equal,
consecutive, annual installments, with general taxes for the years shown below and with interest
on the declining balance 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 specified below:
2082353v1
Improvement Collection
Designation Amount Levy Years Years Rates
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.
A portion of the Bond proceeds will be used to finance project costs related to the DeSoto
Area and the Brookview Drive area improvement projects. The special assessments for the
DeSoto Area and the Brookview Drive Area improvement projects have been pledged to the
City's General Obligation Improvement Bonds, Series 2007A.
17. Tax Levy; Coverage Test. 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 as follows:
Year of Year of
Tax Lew Tax Collection Amount
SEE ATTACHED SCHEDULE
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 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 475.6 1,
Subdivision 3.
18. Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds 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 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
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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.
19. 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 19 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.
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20. 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
20 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 with "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.
21. 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 Fund 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 Fund when a sufficient balance is available therein.
22. Certificate of Registration. A certified copy of this resolution is hereby directed
to filed in the offices of the County Auditor of Ramsey County, Minnesota, together with such
other information such 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.
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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 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; 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
(i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment
earnings to the United States. The City expects to satisfy the 18 -month expenditure exemption
for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The
Mayor, the Clerk or either one of them, 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. 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.
27. 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 said resolution was declared duly passed and adopted.
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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 of said City, duly called and
held on the date therein indicated, insofar as such minutes relate to considering bids for, and
awarding the competitive negotiated sale of, $5,090,000 General Obligation Improvement
Bonds, Series 2007B.
WITNESS my hand on September 24, 2007.
Clerk
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