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HomeMy WebLinkAbout11-22-2004ra B. C. MINUTES MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, November 22, 2004 Council Chambers, City Hall Meeting No. 04-26 CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present City Engineer AN announced water quality issues within an isolated area in Maplewood. St. Paul Regional Water Services (651-266-6350) is aggressively flushing the system and should have the problem corrected within 48 hours. APPROVAL OF MINUTES Minutes from Council/Manager Workshop, October 25, 2004 Councilmember Juenemann moved to approve the minutes from the October 25th City Council/Manager Workshop as presented. Seconded by CouncilmemberRossbach Ayes -All 2. Minutes from the City Council Meeting, October 25, 2004 Councilmember Monahan-Junek moved to approve the minutes from the October 25th City Council Meeting as presented. Seconded by CouncilmemberKoppen Ayes -All Minutes from the Council/Manager Workshop, November 1, 2004 Councilmember Juenemann moved to approve the minutes from the November 1st Council/Manager Workshop as presented. Seconded by CouncilmemberKoppen Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek 4. Minutes from the City Council Meeting, November 8, 2004 City Council 11-22-04 E. F. G. Councilmember Monahan-Junek moved to approve the minutes from the November 8th Ci Council Meeting as amended. Seconded by CouncilmemberKoppen Ayes -All APPROVAL OF AGENDA M1. Food Shelf Challenge M2. Home Occupation License M3. Cable Grants N1. Schedule Meeting with Gladstone Master Development Contract Councilmember Juenemann moved to approve the agenda as amended. Seconded by CouncilmemberMonahan-Junek Ayes -All APPOINTMENTS/PRE SENTATIONS 1. Chamber of Commerce a. City Manager Fursman presented the report. b. Jodie Daulbert, Director of Community Services, St. Paul Area Chamber, introduced herself and presented goals of the Chamber. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 575.00 Checks # 65365 thru # 65366 dated 11/04/04 $ 484,358.01 Checks # 65367 thru # 65426 dated 11/09/04 $ 136,389.78 Disbursements via debits to checking account dated 10/29/04 thru 11/04/04 $ 10,026.00 Checks # 65427 thru # 65428 dated 11/09/04 $ 427,752.98 Checks # 65429 thru # 65479 dated 11/12/04 thru 12/16/04 $ 827,601.65 Disbursements via debits to checking account City Council 11-22-04 2 dated 11-05-04 thru 11-10-04 $ 1,886,703.42 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated 11-05- $ 423,969.22 04 $ 5,697.45 Payroll Deduction check # 99348 thru # 99353 dated 11-05-04 $ 429,666.67 Total Payroll $ 2,316,370.09 GRAND TOTAL 2. Final Plat - Trout Land (County Road D and Highway 61) Approved the Trout Land final plat date-stamped November 11, 2004. The developer shall comply with the following before the city will sign the final plat: 1. Revised the plat re -labeling Outlot number. 2. Provide all required easements, agreements and dedications or provide escrow subject to the requirements of the city engineer. 3. Conditional Use Permit Review — 5-8 Club (2289 Minnehaha Avenue) Approved to review the conditional use permit for the 5-8 Tavern and Grill at 2289 Minnehaha Avenue again only if a problem arises or if significant changes are proposed to the site. 4. Increase in Miscellaneous Service Charges for 2005 Approved to increase the miscellaneous service charges by 1.3% effective January 1, 2005 to keep up with inflation. 5. Financial Transfer for Unassessed Water Improvements Authorized a $33,460 transfer from the Water Availability Charge Fund -St. Paul Water District to the Debt Service Fund for the 2002 Improvement Refunding Bonds. 6. Legacy Parkway Improvements, Project 03 -26 --Resolution for Modification of the Construction Contract, Change Order No. 1 for Legacy Trail Retaining Wall Adopted the following resolution directing the modification of the construction contract with Ryan Contracting by $75,647.50 for the Legacy Parkway Improvements, City Project 03-26, by approving Change Order Number 1: RESOLUTION 04-11-202 City Council 11-22-04 3 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-26, Legacy Parkway Improvements, Southlawn to Hazelwood, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-26, Change Order No. 1. 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. 1 in the amounts of $75,647.50. The revised contract amount is $1,230,351.20. No revision to the financing plan is required at this time as all items fall within the proposed budget. 7. County Road D Realignment (West), City Project 02 -08 --Resolution for Modification of the Existing Construction Contract, Change Order No 2 Adopted the following resolution directing the modification of the existing construction contract, Change Order Number 2, for the County Road D West Improvements 9TH 61 to Walter Street), City Project 02-08: RESOLUTION 04-11-203 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER No. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order No. 2, as an increase to said contract by an amount of $25,042.40, such that the new contract amount is now and hereby established as $647,160.08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 2 as a contract increase in the amount of $25,042.40. The revised contract amount is $647,160.08. No revisions to the project budget are required at this time, as these changes fall within the original project scope and budget. County Road D Realignment (East), City Project 02 -07 --Resolution for Modification of the Existing Construction Contract, Change Order Nos. 2, 3, and 4. Approval of Claims Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos 2, 3, 4, and for the County Road D West Improvements (TH City Council 11-22-04 61 to Southlawn Drive): RESOLUTION 04-11-205 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-07, CHANGE ORDER Nos. 2,3 & 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement, Project 02-07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-07, Change Order Nos. 2, 3 and 4, as an increase to said contract by an amount of $8,169.76, such that the new contract amount is now and hereby established as $2,378,031.87. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 2, 3 and 4 as a contract increase in the amount of $8,169.76. The revised contract amount is $2,378,031.87. No revisions to the project budget are required at this time, as these changes fall within the original project scope and budget. Councilmember Monahan-Junek moved to approve consent agenda items 1, 3, 4, 6, 7 and 8 as presented. Seconded by CouncilmemberKoppen Ayes -All Councilmember Juenemann moved to approve consent agenda item 2 as presented. Seconded by CouncilmemberRossbach Ayes -All Councilmember Rossbach moved to approve consent agenda item 5 as presented. Seconded by Councilmember Juenemann Ayes -All H. PUBLIC HEARINGS 7:00 p.m. Hazelwood Street Improvements (Beam Ave. to County Rd. D), Project 03-39 Resolution Ordering Improvement after Public Hearing (4 votes) City Manager Fursman presented the report. b. City Engineer Vermeersch presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: City Council 11-22-04 None d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution establishing a project budget of $1,423,800. The financing plan is outlined specifically in the feasibility study and call for funding from two sources: assessments and municipal state aid bonds: RESOLUTION 04-11-206 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 8th day of November, 2004, fixed a date for a council hearing on the proposed street improvements for the Hazelwood Street Improvements, City Project 03-39, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 22, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Hazelwood Street under Hazelwood Street Improvements, City Project 03-39. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 22nd day of November 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,423,800 shall be established. The proposed financing plan is as follows: Street and Storm Assessments: $ 407,200 (29 %) Municipal State Aid Bonds: $1,016,600 (71%) Total: $1,423,800 (100%) Seconded by CouncilmemberMonahan-Junek Ayes -All 2. 7:15 p.m. Gladstone North Area Street Improvements, Project 04-15 — Resolution Ordering Improvement after Public Hearing, (4 votes) City Manager Fursman presented the report. b. City Engineer Laberee presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: City Council 11-22-04 Dennis Joriman, 1349 E. Belmont Lane, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the improvement of the Gladstone North Area Street Improvements, City Project 04-15: RESOLUTION 04-11-207 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 8th day of November, 2004, fixed a date for a council hearing on the proposed street improvements for the Gladstone North Area Street Improvements, City Project 04-15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 22, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Gladstone North Area Street Improvements, City Project 04-15. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 22nd day of November 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $2,766,600 shall be established. The proposed financing plan is as follows: Street assessments: $ 905,200 (32%) Storm assessments: $ 21,420 (1%) Sanitary Sewer Utility Fund: $ 107,270 (4%) SPRWS Obligation: $ 25,540 (1%) City general tax levy: $ 1,707,170 62% Total $ 2,766,600 (100%) Seconded by CouncilmemberRossbach Ayes -All L AWARD OF BIDS None City Council 11-22-04 J. UNFINISHED BUSINESS Home Occupation License -David Grupa Photography (1994 Duluth Street) City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. David Grupa, the applicant, provided further specifics and answered questions from the council. d. Wayne Nelson, homeowner at 1995 Duluth Street, addressed the council. Councilmember Monahan-Junek moved to approve the home occupation license for Mr. Grupa of 1994 Duluth Street to have a photography studio. This approval shall be subject to the following conditions: Meet all conditions of the city's home occupation ordinance. This includes: a. No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood. b. The need for off-street parking shall not exceed more than three off-street parking spaces for home occupation at any given time, in addition to the parking spaces required by the residents. c. No equipment or process shall be used in such home occupation that creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the lot. d. There shall be no fire, safety or health hazards. e. The studio shall not exceed 514 square feet in area. 2. Customer hours for this home occupation are limited to: Monday through Friday 10 a.m. to 7 p.m. and Saturday 10 a.m. to 5 p.m. 3. There shall be no more than 25 appointments at the business per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five -pound ABC dry chemical fire extinguisher in the garage. 6. The garage and studio wiring shall meet the state electrical code. 7. Provide a 3 -foot egress exit door out of the garage. 8. Obtain a building permit before construction. 9. The remodeling of the exterior of the north and west sides of the garage shall be consistent with the adjacent properties as to not indicate the presence of a home occupation business. 10. Provide screening along the south border of the backyard from the southeast corner of the house to the south edge of the lot line and extending at least 10 feet along the east lot line. This screening is to ensure privacy and lessen the intrusion for the residence located at 1211 Ryan City Council 11-22-04 Avenue. This screening should be in the form of a 6 -foot -high solid fence or with the planting of thick shrubs or large trees. 11. There shall be no processing or developing of film on site. 12. The city council may add additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. 13. The city council shall review this home occupation license again in one year. 14. The owner shall return the garage door to operational use after the end of the home occupation. Seconded by CouncilmemberKoppen Ayes -All K. NEW BUSINESS Conditional Use Permit — Phoenix Group Home (1936 Craig Place) City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Fire Marshall Gervais provided details from the fire inspection report of 1936 Craig Place. d. Building Official Fisher provided further specifics regarding the proposal and answered council questions. Jon Brandt, a Maplewood Group Home Owner, informed council of upcoming changes in the rules effecting the operation of group homes. f Commissioner Desai provided the Maplewood Planning Commission Report. Councilmember Juenemann moved denial of the resolution approving a conditional use permit for Phoenix Group Homes to have up to eight residents living in their residential facility at 1936 Craig Place. City Attorney Kelly reiterated that denial was based on paragraph 4 of the conditional use permit finding of fact, the Fire Marshall's report and traffic and parking concerns. Seconded by Councilmember Monahan-Junek Ayes -All 2. Emergency Medical Services Model City Manager Fursman presented the staff report and specifics from the report. Mayor Cardinal moved to accept the Emergency Medical Services Model (Option A). This Model would be for a hybrid program which moves the Community Service Officers and Paramedics to the Fire Department and would call for the hiring of an EMS Coordinator and one additional Fire Fighter/Paramedic. City Council 11-22-04 Seconded by Councilmember Rossbach Trash Container Ordinance (First Reading) City Manager Fursman presented the staff report. Ayes -Mayor Cardinal Councilmembers Juenemann, Monahan-Junek and Rossbach Nays-Councilmember Koppen b. Fire Marshall Gervais presented specifics from the report. Councilmember Koppen moved to approve the first reading of the following amended Trash Container Ordinance: Amended Trash Container Ordinance 853 Containers shall be placed along side the garage, side of the house or at the rear of the premises and these locations shall not interfere with any adjoining property. All trash shall be in the container and the lid closed to prevent trash from falling out. Exceptions: The City Official may allow an exception to this ordinance or the homeowner/property owner can appeal to the city council. Seconded by Mayor Cardinal 4. Environmental Utility Rates for 2005 City Manager Fursman presented the staff report. Ayes -Mayor Cardinal, Councilmembers Koppen, Monahan- Junek and Rossbach Nays-Councilmember Juenemann b. Finance Director Faust presented specifics from the report. Councilmember Rossbach moved to increase the environmental utility rates by 96% effective January 1, 2005 to provide the revenues anticipated in the 2005 budget. Seconded by Councilmember Juenemann Ayes -All Building, Mechanical, Plumbing and Electrical Permit Fees for 2005 City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Building Official Fisher presented further specifics from the report and answered council questions. Councilmember Juenemann moved to approve increase in the building, mechanical, plumbing and electrical permit fees effective 01-01-05 to cover the full cost of inspections. Seconded by Councilmember Monahan-Junek Ayes -All City Council 11-22-04 10 6. Increase in Community Development Department Service Charges for 2005 City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Koppen moved to approve increases in the Community Development Department fees and approved the first reading of an ordinance to increase the planningfees. ees. Seconded by Mayor Cardinal Ayes -All 7. Recycling Rates for 2005 City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Rossbach moved to increase the recycling service rates by $0.65 per quarter effective January 1, 2005 to provide the revenues anticipated in the 2005 buds Seconded by Councilmember Juenemann Ayes -All Sanitary Sewer Rates for 2005 City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Juenemann moved to increase the sanitary sewer rates by 7.8% effective January 1, 2005 to provide the revenues anticipated in the 2005 Budget. Seconded by Councilmember Rossbach Ayes -All 9. Authorization to Refinance Series 1995B Bonds City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Mayor Cardinal moved to adopt the following resolution which will authorize the issuance of refunding bonds to accomplish the refinancing: RESOLUTION 04-11-204 PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004F, PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS AND AD VALOREM TAXES A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore created Development District No. 1 (the 'Development District") pursuant to the provisions City Council 11-22-04 11 of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program") with respect to the Development District; and B. WHEREAS, the City Council has also heretofore established Housing District No. 1-3 within the Development District (the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and has approved a tax increment financing plan (the "Plan") with respect to the Tax Increment District; and C. WHEREAS, tax increments derived from the Tax Increment District are referred to herein as the "Tax Increments"; and D. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding of the $1,215,000 original principal amount of General Obligation Tax Increment Refunding Bonds, Series 1995B, dated September 1, 1995 (the "Prior Bonds") which mature on and after February 1, 2006; and E. WHEREAS, $635,000 of the principal amount of the Prior Bonds which mature on and after February 1, 2006, are callable on February 1, 2005 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the Resolution of the City Council adopted on August 24, 1995, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and F. WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the Issuer; and G. WHEREAS, the City has retained Springsted Incorporated, in St. Paul, Minnesota ("Springsted"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and a proposal to purchase the Bonds has been solicited by Springsted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Offer. The offer of Wells Fargo Brokerage Services, LLC, in Minneapolis Minnesota (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $650,000 plus any interest accrued to settlement, are hereby accepted. 2. Purpose; Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the Issuer. 3. Original Issue Date, Denominations, Maturities, Interest, Mandatory Redemption. The Bonds shall be dated December 8, 2004, as the date of original issue, shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered R-1 in the denomination of $650,000. The Bonds shall mature on February 1, 2009 and shall be redeemed by lot on February 1 at their principal amount, without any premium, plus accrued interest thereon to such redemption date in the following years and principal amounts (after any credits are made as provided below): Mandatory Redemption Schedule Year Principal Amount 2006 $165,000 City Council 11-22-04 12 2007 175,000 2008 185,000 2009 (maturity) 125,000 or, if less than such amount is then outstanding, an amount equal to the aggregate principal amount of the Bonds then outstanding. The Issuer may, at its option to be exercised on or before the thirtieth day next preceding any date specified in the Mandatory Redemption Schedule above, deliver to the Bond Registrar written notice, which shall (i) specify a principal amount of such Bonds previously redeemed (otherwise than pursuant to the above Mandatory Redemption Schedule) or purchased and cancelled by the Bond Registrar and not theretofore applied as a credit against any redemption of Bonds pursuant to the above Mandatory Redemption Schedule, and (ii) instruct the Bond Registrar to apply the principal amount of such Bonds so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. Each such Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Bond Registrar against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. 4. Bond Registrar. The Clerk, City of Maplewood, 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. 5. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Registration, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-1 $650,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2004F Interest Rate Maturity Date Date of Original Issue 2.69% December 1, 2009 December 8, 2004 REGISTERED OWNER: PRINCIPAL AMOUNT: SIX HUNDRED FIFTY THOUSAND 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 duly certified on the Certificate of Registration attached to and made a part of this Bond (the "Owner"), in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior payment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2005, 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. At the time of final payment of all City Council 11-22-04 13 principal and interest on this Bond, the Owner shall surrender this Bond to the Clerk, City of Maplewood, Minnesota (the "Bond Registrar"). Mandatory Redemption. The Bond of this issue (the "Bonds") shall be redeemed by lot on February 1 in the following years and principal amounts, at their principal amount, without any premium, plus accrued interest thereon to such redemption date (after any credits are made as provided below): Mandatory Redemption Schedule Year Principal Amount 2006 $165,000 2007 175,000 2008 185,000 2009 (maturity) 125,000 or, if less than such amount is then outstanding, an amount equal to the aggregate principal amount of the Bonds then outstanding. The Issuer may, at its option to be exercised on or before the thirtieth day next preceding any date specified in the Mandatory Redemption Schedule above, deliver to the Bond Registrar written notice, which shall (i) specify a principal amount of such Bonds previously redeemed (otherwise than pursuant to the above Mandatory Redemption Schedule) or purchased and cancelled by the Bond Registrar and not theretofore applied as a credit against any redemption of Bonds pursuant to the above Mandatory Redemption Schedule, and (ii) instruct the Bond Registrar to apply the principal amount of such Bonds so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. Each such Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Bond Registrar against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. Issuance; Purpose; General Obligation. This Bond is issued as a single instrument in the total principal amount of $650,000, 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 November 22, 2004 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Tax Increment Refunding Bonds, Series 1995B, dated September 1, 1995, which mature on and after February 1, 2006. This Bond is payable out of the Debt Service Account of the General Obligation Tax Increment Refunding Bonds, Series 2004F Fund. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Manner of Payment. The principal of and interest on this Bond are payable when due by check or draft mailed or otherwise delivered by or on behalf of the Clerk to the Owner hereof as of the end of the fifteenth day of the month, whether or not a business day (the "Record Date"), immediately preceding the applicable payment due date; provided that if the Issuer shall be in default in payment of interest due on said date, whenever money becomes available for payment of such defaulted interest, the Clerk shall establish a special Record Date with respect to the payment thereof and shall mail written notice of the special Record Date not less than fifteen days prior to such date to the person that was the Owner of the Bond as of the close of business of the Issuer on the fifth business day of the Issuer preceding such mailing, and the Owner as of the special Record Date shall be entitled to receive the payment of such defaulted interest. All principal of and interest on this Bond are payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of public and private debts. City Council 11-22-04 14 Date of Payment Not a Business Day. If the nominal date for payment of any principal of or interest on this Bond shall not be a business day of the Issuer or of the Owner, then the date for such payment shall be the next such business day and payment on such business day shall have the same force and effect as if made on the nominal date of payment. Transfer. This Bond is transferable, as provided in the Resolution, upon the Register kept by the Clerk upon surrender of this Bond together with a written instrument of transfer duly executed by the Owner or the Owner's attorney duly authorized in writing, and thereupon a new, fully registered Bond in the same aggregate principal amount shall be issued to the transferee in exchange therefor (or the transfer shall be duly recorded on the Register and the Certificate of Registration hereof), upon the payment of charges and satisfaction of applicable conditions, if any, as therein prescribed; provided that such transfer may occur only with respect to the entire Bond and all of the remaining principal amount of the sole final maturity hereof. The Issuer may treat and consider the person in whose name this Bond is registered as the absolute Owner hereof for the purpose of receiving payment of or on account of the principal of and interest on this Bond (except for the payment of interest to the Owner as of a Record Date) and for all other purposes whatsoever. No Designation as Qualified Tax -Exempt Obligations. The City will not qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA December 8, 2004 REGISTRABLE BY AND PAYABLE AT: Its:_ City Clerk Mayor City of Maplewood, Minnesota Its: Clerk CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Bond may be made only by the registered owner or the registered owner's legal representative last noted below: Date of Registration Registered Owner Signature of Bond Registrar City Council 11-22-04 15 6. Execution. The Bonds shall be executed on behalf of the City by the manual signatures of its Mayor and Clerk, the seal having been omitted 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 signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 7. 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. 8. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Tax Increment Refunding Bonds, Series 2004F Fund" (the "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 Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account": (a) Payment Account. The proceeds of the Bonds, less any accrued interest, shall be deposited in the Payment Account. On or prior to February 1, 2005, the Clerk shall transfer $635,000 of the proceeds of the Bonds from the Payment Account to the paying agent for the Refunded Bonds, which sum is sufficient, together with other funds on deposit in debt service account established for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds on February 1, 2005, including the principal of the Refunded Bonds called for redemption on that date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) Tax Increments in an amount which, together with other revenues herein pledged to the payment thereof, are sufficient to pay the principal and interest to become due on the Bonds; (ii) all collections of ad valorem taxes herein or hereafter levied; (iii) any balance remaining after February 1, 2005, in the Prior Bonds Debt Service Account created by the Prior Resolution; (iv) all investment earnings on funds in the Debt Service Account; (v) funds remaining in the Payment Account after all costs of issuing the Bonds have been paid; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the Issuer to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and City Council 11-22-04 16 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 (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (b) 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 Fund (or any other City account which will be used to pay principal or interest to become due on the Bonds) in excess of amounts which under 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"). 9. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the Issuer and all of its officers and agents. 10. Tax Increments. The City hereby pledges and appropriates the Tax Increments to the Debt Service Account, which pledge and appropriation shall continue until the Bonds are paid or discharged. 11. Tax Levy, Coverage Test, Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Tax Levy Amount 2004 2005 $152,186.14 2005 2006 155,322.83 2006 2007 160,879.95 2007 2008 92,654.63 The tax levies are such that if collected in full they, together with estimated collections of Tax Increments 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. Upon payment of the Prior Bonds, the taxes levied by the Prior Resolution shall be canceled. 12. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner permitted by law. City Council 11-22-04 17 13. Future Tax Levies. On or before October 10 of each year, the Clerk shall certify to the County Auditor of Ramsey County the amount of Tax Increments and any other funds appropriated to and then held in the Debt Service Account and the estimated collections of Tax Increments to be received in the next succeeding year. In the event that it is anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year thereafter and the first six months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Ramsey County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of Tax Increments, to pay the principal and interest on the Bonds to become due during said period. 14. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, 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. 15. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 16. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 17. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy for the Refunded Bonds has been canceled and that the tax levy required by law for the Bonds has been made. 18. 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. City Council 11-22-04 18 19. Negative Covenant as to Use of Bond Proceeds and Project. The Issuer hereby covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 20. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the six month expenditure exemption from gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The Mayor, Clerk, or either 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. 21. No Designation as Qualified Tax -Exempt Obligations. The Bonds are not issued as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code. 22. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 23. 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. 24. 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 Juenemann and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Robert Cardinal, Kathleen Juenemann, Marvin Koppen, Jackie Monahan-Junek, Will Rossbach. and the following voted against the same: None. Whereupon the resolution was declared duly passed and adopted. EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1995B CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on February 1, 2005 those outstanding bonds of the City designated as General Obligation Tax Increment Refunding Bonds, Series 1995B dated as of September 1, 1995, having stated maturity dates in the years 2006 through 2009, inclusive, and totaling $635,000 in principal in principal amount and having CUSIP numbers listed below: City Council 11-22-04 19 Year CUSIP No.* 2006 565556 4F1 2007 565556 4G9 2008 565556 4H7 2009 565556 4J3 The bonds are being called at a price of par plus accrued interest to February 1, 2005, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U. S. Bank National Association, Attention: Paying Agent Services, 180 East Fifth Street, St. Paul, Minnesota 55101. Dated: November 22, 2004 BY ORDER OF THE CITY COUNCIL /s/ , Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. Seconded by Councilmember Juenemann Ayes -All 10. New Fire Safety Inspection Fees City Manager Fursman presented the staff report. b. Chief Lukin presented specifics from the report. Mayor Cardinal moved to adopt an inspection fee for life safety inspections to businesses in the Citv of Mablewood base on the fee structure listed and to be effective January 1. 2005. Seconded by Councilmember Rossbach Ayes -All 11. TH 61 East Frontage Road Improvements (New C Rd D to 694), Project 04 -25 -- Resolution Receiving Preliminary Report and Calling Public Hearing City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving the prelimiam report for the TH 61 East frontage Road (New County Road D to 694),Ci1y Project 04-25, and to call a public hearing for December 13, 2004 at 7:30 p.m.: RESOLUTION 04-11-208 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted July 26, 2004, a report has been prepared under the direction of the City Engineer by City consultant SEH, Inc., with reference to the improvement of TH 61 Improvements (New County Road D to 694), City Project 04-25 and City Project 03-07, and this report was received by the council on November 22, 2004, and WHEREAS, the report provides information regarding whether the proposed project is City Council 11-22-04 20 necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $356,085. 2. A public hearing shall be held on such proposed improvement on the 13th day of December 2004 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Monahan-Junek Ayes -All 12. Gladstone Redevelopment Improvements —Project 04-21 a) Approve Consultant Selection for Master Planning and Engineering Services b) Authorize Preparation of Environmental Assessment Worksheet (EAW) C) Authorize Preparation of Master Framework Plan City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to table all action for the Gladstone Redevelopment Improvements approval until the December 13, 2004 meeting. Seconded by Councilmember Juenemann Ayes -All 13. County Road D Court Improvements (New County Rd D to TH 61), Project 04 -06 - Resolution Receiving Preliminary Report and Calling Public Hearing City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved adopt the following resolution approving the preliminary report for the County Road D Court Improvements (New County Road D to TH 61), City Project 04- 06, and called for a public hearing for December 13, 2004 at 7:15 p.m.: RESOLUTION 04-11-209 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted February 9, 2004, a report has been prepared under the direction of the City Engineer by City consultant SEH, Inc., with reference to the improvement of County Road D Court Improvements (New County Road D to TH 61), City Project 04- 06, and TH 61 Acceleration Lane Improvements, City Project 03-07 and this report was received by the council on November 22, 2004, and WHEREAS, the report provides information regarding whether the proposed project is City Council 11-22-04 21 necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $653,740. 2. A public hearing shall be held on such proposed improvement on the 13th day of December 2004 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Rossbach Ayes -All 14. Century Avenue Improvements (Interstate 94 to Lake Drive), Project 03 -15 --Review Environmental Assessment Findings and Review Project Schedule City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Juenemann moved to approve the comments on the Century Avenue EAW and Directed the City Engineer to forward the comments as Maplewood's position on the project. Seconded by Councilmember Koppen Ayes -All 15. Diseased Tree Program — Report on 2004 Tree Removals City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. No action was taken. L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Food Shelf Challenge-Councilmember Juenemann thanked residents for dropping off food and donations and encouraged all residents and business's to participate. 2. Home Occupation License-Councilmember Rossbach would like staff to review the current Home Occupation License Ordinance with focus on the 20% limitation. City Council 11-22-04 22 Cable Grants -Mayor Cardinal explained $10,000 is set aside from cable franchise fees that the Cable Commission disseminates to the fifteen cable program producers as a grant. N. ADMINISTRATIVE PRESENTATIONS The meeting date for council to meet with the Gladstone Development Master Planner will be December 2, 2004 at 5:00 p.m. Further details will be announced and posted within the week. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 10:23 p.m. Seconded by CouncilmemberKoppen Ayes - All City Council 11-22-04 23 V V111V1LJL lY1NJJCL�V V Vll�Vl From:- "Julie Snyder" <Jsnyder@doc.state.mn.us> To: <craigost@comcast.net> Subject: Phoenix capacity review request Date: Fri, 19 Nov 2004 15:29:26 +0000 Craig: L "6%' 1 VL 1 This email is to acknowledge the Phoenix Group Home-Maplewood's request to increase your capacity in the program from six (6) to eight (8) male youth. Currently you are licensed for 6 male youth. I understand you have had a waiting list and would like the opportunity to serve two more youth in your program. Given the youth we are seeing placed in our facilities, there is certainly a need for group homes willing to work with youth that have chemical dependency problems. Historically, most of our licensed group homes have had capacities of up to 8 youth. This is the most common size of our smaller -family style r facilities. Given you have the square footage required for the bedrooms, and the home is easily large enough to accomodate this number of youth along with staff, you need only now to get the approval of the city of Maplewood to increase your capacity. The city must issue you a special F use permit for up to 8 youth in the Maplewood group home for us at the Department of Corrections to complete and approve your variance request. This is allowed by the new licensing rule, Chapter 2960, Foster Residential section. ' If you have further questions, or I can be of assistance, please let me know. I can be reached at 507-389-5798. Julie D. Snyder Senior Inspector Minnesota Department of Corrections [ Back ] © 2004 Comcast Cable Communications. Inc. All rights reserved. http://mailcenter2.comcast.net/wmc/v/wm/419E3D610008262600001 OA422007623029B... 11/19/2004 AGENDA REPORT TO: City Manager FROM: Finance Director AGENDA NO. K-9 RE: Authorization to Refinance Series 1995B Bonds DATE: November 22, 2004 Attached is the resolution which will authorize the issuance of refunding bonds to accomplish the refinancing. P\WORD\AGN\REFINANCING OF 1995B BONDS RES EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: November 22, 2004 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 held at the City Hall on November 22, 2004, at 7:00 o'clock P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $650,000 General Obligation Tax Increment Refunding Bonds, Series 2004F. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $650,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004F, PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS AND AD VALOREM TAXES A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore created Development District No. 1 (the "Development District") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program") with respect to the Development District; and B. WHEREAS, the City Council has also heretofore established Housing District No. 1-3 within the Development District (the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and has approved a tax increment financing plan (the "Plan") with respect to the Tax Increment District; and C. WHEREAS, tax increments derived from the Tax Increment District are referred to herein as the "Tax Increments"; and D. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding of the $1,215,000 original principal amount of General Obligation Tax Increment Refunding Bonds, Series 1995B, dated September 1, 1995 (the "Prior Bonds") which mature on and after February 1, 2006; and E. WHEREAS, $635,000 of the principal amount of the Prior Bonds which mature on and after February 1, 2006, are callable on February 1, 2005 (the "Refunded Bonds"), at a price of par plus accrued interest, as provided in the Resolution of the City Council adopted on August 24, 1995, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and 1710799v1 F. WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with the holders thereof and is necessary and desirable for the reduction of debt service cost to the Issuer; and G. WHEREAS, the City has retained Springsted Incorporated, in St. Paul, Minnesota ("Springsted"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and a proposal to purchase the Bonds has been solicited by Springsted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Offer. The offer of Wells Fargo Brokerage Services, LLC, in Minneapolis Minnesota (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $650,000 plus any interest accrued to settlement, are hereby accepted. 2. Purpose; Refunding Findings. The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the Issuer. 3. Original Issue Date; Denominations; Maturities; Interest; Mandatory Redemption. The Bonds shall be dated December 8, 2004, as the date of original issue, shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered R-1 in the denomination of $650,000. The Bonds shall mature on February 1, 2009 and shall be redeemed by lot on February 1 at their principal amount, without any premium, plus accrued interest thereon to such redemption date in the following years and principal amounts (after any credits are made as provided below): Mandatory Redemption Schedule Year Principal Amount 2006 $165,000 2007 175,000 2008 185,000 2009 (maturity) 125,000 or, if less than such amount is then outstanding, an amount equal to the aggregate principal amount of the Bonds then outstanding. The Issuer may, at its option to be exercised on or before the thirtieth day next preceding any date specified in the Mandatory Redemption Schedule above, deliver to the Bond Registrar written notice, which shall (i) specify a principal amount of such Bonds previously redeemed (otherwise than pursuant to the above Mandatory Redemption Schedule) or purchased and cancelled by the Bond Registrar and not theretofore applied as a credit against any redemption of Bonds pursuant to the above Mandatory Redemption Schedule, and (ii) instruct the Bond 1710799v1 2 Registrar to apply the principal amount of such Bonds so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. Each such Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Bond Registrar against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. 4. Bond Registrar. The Clerk, City of Maplewood, 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. 5. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Registration, shall be in substantially the following form: 17107990 R-1 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD $650,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2004F Interest Rate Maturity Date Date of Original Issue 2.69% December 1, 2009 December 8, 2004 REGISTERED OWNER: PRINCIPAL AMOUNT: SIX HUNDRED FIFTY THOUSAND 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 duly certified on the Certificate of Registration attached to and made a part of this Bond (the "Owner"), in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior payment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2005, 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. At the time of final payment of all principal and interest on this Bond, the Owner shall surrender this Bond to the Clerk, City of Maplewood, Minnesota (the 'Bond Registrar"). Mandatory Redemption. The Bond of this issue (the "Bonds") shall be redeemed by lot on February 1 in the following years and principal amounts, at their principal amount, without any premium, plus accrued interest thereon to such redemption date (after any credits are made as provided below): Mandatory Redemption Schedule Year Principal Amount 2006 $165,000 2007 175,000 2008 185,000 2009 (maturity) 125,000 or, if less than such amount is then outstanding, an amount equal to the aggregate principal amount of the Bonds then outstanding. The Issuer may, at its option to be exercised on or before the thirtieth day next preceding any date specified in the Mandatory Redemption Schedule above, deliver to the Bond Registrar written notice, which shall (i) specify a principal amount of such Bonds previously redeemed (otherwise than pursuant to the above Mandatory Redemption Schedule) or purchased and cancelled by the Bond Registrar and not theretofore applied as a 1710799v1 4 credit against any redemption of Bonds pursuant to the above Mandatory Redemption Schedule, and (ii) instruct the Bond Registrar to apply the principal amount of such Bonds so delivered or previously redeemed or purchased and cancelled for credit against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. Each such Bond so delivered or previously redeemed or purchased and cancelled shall be credited by the Bond Registrar against the principal installments to be prepaid pursuant to the Mandatory Redemption Schedule and selected by the Issuer. Issuance; Purpose; General Obligation. This Bond is issued as a single instrument in the total principal amount of $650,000, 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 November 22, 2004 (the "Resolution"), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Tax Increment Refunding Bonds, Series 1995B, dated September 1, 1995, which mature on and after February 1, 2006. This Bond is payable out of the Debt Service Account of the General Obligation Tax Increment Refunding Bonds, Series 2004F Fund. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Manner of Payment. The principal of and interest on this Bond are payable when due by check or draft mailed or otherwise delivered by or on behalf of the Clerk to the Owner hereof as of the end of the fifteenth day of the month, whether or not a business day (the "Record Date"), immediately preceding the applicable payment due date; provided that if the Issuer shall be in default in payment of interest due on said date, whenever money becomes available for payment of such defaulted interest, the Clerk shall establish a special Record Date with respect to the payment thereof and shall mail written notice of the special Record Date not less than fifteen days prior to such date to the person that was the Owner of the Bond as of the close of business of the Issuer on the fifth business day of the Issuer preceding such mailing, and the Owner as of the special Record Date shall be entitled to receive the payment of such defaulted interest. All principal of and interest on this Bond are payable in any coin or currency of the United States of America which on the date of payment is legal tender for the payment of public and private debts. Date of Payment Not a Business Day. If the nominal date for payment of any principal of or interest on this Bond shall not be a business day of the Issuer or of the Owner, then the date for such payment shall be the next such business day and payment on such business day shall have the same force and effect as if made on the nominal date of payment. Transfer. This Bond is transferable, as provided in the Resolution, upon the Register kept by the Clerk upon surrender of this Bond together with a written instrument of transfer duly executed by the Owner or the Owner's attorney duly authorized in writing, and thereupon a new, fully registered Bond in the same aggregate principal amount shall be issued to the transferee in exchange therefor (or the transfer shall be duly recorded on the Register and the Certificate of Registration hereof), upon the payment of charges and satisfaction of applicable conditions, if any, as therein prescribed; provided that such transfer may occur only with respect to the entire Bond and all of the remaining principal amount of the sole final maturity hereof. The Issuer may 1710799v1 5 treat and consider the person in whose name this Bond is registered as the absolute Owner hereof for the purpose of receiving payment of or on account of the principal of and interest on this Bond (except for the payment of interest to the Owner as of a Record Date) and for all other purposes whatsoever. No Designation as Qualified Tax -Exempt Obligations. The City will not qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA December 8, 2004 REGISTRABLE BY AND PAYABLE AT: Its: City Clerk City of Maplewood, Minnesota Mayor Its: _ Clerk 1710799v1 6 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Bond may be made only by the registered owner or the registered owner's legal representative last noted below: Date of Registration Registered Owner Signature of Bond Registrar 1710799v1 6. Execution. The Bonds shall be executed on behalf of the City by the manual signatures of its Mayor and Clerk, the seal having been omitted 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 signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 7. 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. 8. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Tax Increment Refunding Bonds, Series 2004F Fund" (the "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 Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained and created in the fund the "Payment Account" and a "Debt Service Account": (a) Payment Account. The proceeds of the Bonds, less any accrued interest, shall be deposited in the Payment Account. On or prior to February 1, 2005, the Clerk shall transfer $ of the proceeds of the Bonds from the Payment Account to the paying agent for the Refunded Bonds, which sum is sufficient, together with other funds on deposit in debt service account established for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds on February 1, 2005, including the principal of the Refunded Bonds called for redemption on that date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) Tax Increments in an amount which, together with other revenues herein pledged to the payment thereof, are sufficient to pay the principal and interest to become due on the Bonds; (ii) all collections of ad valorem taxes herein or hereafter levied; (iii) any balance remaining after February 1, 2005, in the Prior Bonds Debt Service Account created by the Prior Resolution; (iv) all investment earnings on funds in the Debt Service Account; (v) funds remaining in the Payment Account after all costs of issuing the Bonds have been paid; and (vi) any and all other moneys which are properly available and are appropriated by the governing body of the Issuer to the Debt Service Account. The Debt Service Account 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 (a) for a reasonable temporary period until such proceeds are 1710799v1 needed for the purpose for which the Bonds were issued and (b) 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 Fund (or any other City account which will be used to pay principal or interest to become due on the Bonds) in excess of amounts which under 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"). 9. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the Issuer and all of its officers and agents. 10. Tax Increments. The City hereby pledges and appropriates the Tax Increments to the Debt Service Account, which pledge and appropriation shall continue until the Bonds are paid or discharged. 11. Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Tax Levy Amount 2004 2005 $152,186.14 2005 2006 155,322.83 2006 2007 160,879.95 2007 2008 92,654.63 The tax levies are such that if collected in full they, together with estimated collections of Tax Increments 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. Upon payment of the Prior Bonds, the taxes levied by the Prior Resolution shall be canceled. 12. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments 1710799v1 9 herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner permitted by law. 13. Future Tax Levies. On or before October 10 of each year, the Clerk shall certify to the County Auditor of Ramsey County the amount of Tax Increments and any other funds appropriated to and then held in the Debt Service Account and the estimated collections of Tax Increments to be received in the next succeeding year. In the event that it is anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year thereafter and the first six months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Ramsey County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of Tax Increments, to pay the principal and interest on the Bonds to become due during said period. 14. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, 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. 15. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 16. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit A, which terms and conditions are hereby approved and incorporated herein by reference. 17. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy for 17107990 10 the Refunded Bonds has been canceled and that the tax levy required by law for the Bonds has been made. 18. 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. 19. Negative Covenant as to Use of Bond Proceeds and Project. The Issuer hereby covenants not to use the proceeds of the Bonds or to use the improvements financed by the Prior Bonds (the 'Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 20. Tax -Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the six month expenditure exemption from gross proceeds of the Bonds as provided in Section 1.148-7(c) of the Regulations. The Mayor, Clerk, or either 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. 21. No Designation as Qualified Tax -Exempt Obligations. The Bonds are not issued as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code. 22. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 23. 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. 24. 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: 1710799v1 1 1 and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 1710799v1 12 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to authorizing the issuance and awarding the sale of $650,000 General Obligation Tax Increment Refunding Bonds, Series 2004F. WITNESS my hand on November 22, 2004. Clerk 1710799v1 13 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1995B CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on February 1, 2005 those outstanding bonds of the City designated as General Obligation Tax Increment Refunding Bonds, Series 1995B dated as of September 1, 1995, having stated maturity dates in the years 2006 through 2009, inclusive, and totaling $635,000 in principal in principal amount and having CUSIP numbers listed below: Year CUSIP No.* 2006 2007 2008 2009 The bonds are being called at a price of par plus accrued interest to February 1, 2005, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Attention: Paying Agent Services, 180 East Fifth Street, St. Paul, Minnesota 55101. Dated: November 22, 2004 BY ORDER OF THE CITY COUNCIL /s/ , Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 17107990 A-1