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Home My WebLink About05-09-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,May 9, 2011 Council Chambers, City Hall Meeting No.09-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresentat 8:27 p.m. and left at 10:49 p.m. John Nephew, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda by the council: N1.Fallen Officer Memorial–Councilmember Juenemann N2.Trash Working Group–Councilmember Nephew N3.Redistricting–Councilmember Nephew N4.Municipal LegislativeCommissionMeeting with Governor Dayton –Mayor Rossbach Councilmember Juenemannmoved to approve the agenda as amended. Seconded by Councilmember Koppen.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of April 25, 2011, City Council WorkshopMinutes CouncilmemberJuenemannmoved to approve the April 25, 2011, City Council Workshop Minutes as submitted. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 2.Approval of April 25, 2011, City Council MeetingMinutes Councilmember Nephewmoved toapprove theApril 25, 2011, City Council Meeting Minutes as submitted. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. May 9, 2011 1 City Council MeetingMinutes F.APPOINTMENTS AND PRESENTATIONS 1.Appointment to Business & Economic Development Commission a.Assistant City Manager, Public Works Director Chuck Ahl gave a brief report. Councilmember Nephewmoved to approve the resolution appointing Karen Anderson to the Business & Economic Development Commissionwith a term to expire September 30, 2013. RESOLUTION11-05-567 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Business & Economic Development Commission -Karen Anderson, term expiresSeptember 30, 2013 Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.Resolution for Appointment to Heritage Preservation Commission a.Assistant City Manager, Public Works Director Chuck Ahl introduced the item. Councilmember Juenemannmoved to approve the resolution appointing Peter Boulay to the Heritage Preservation Commissionwith a term to expire April 30, 2012. RESOLUTION11-05-568 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, to serve on the following commissions: Heritage Preservation Commission -Peter Boulay, term expires April 30, 2012 Seconded by CouncilmemberNephew.Ayes –All The motion passed. G.CONSENT AGENDA CouncilmemberJuenemannmoved to approveconsent agendaitems1-5. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. May 9, 2011 2 City Council MeetingMinutes 1.Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $366,441.18Checks #84144thru #84194 Dated 04/22/11 thru 04/26/11 $317,133.57Disbursements via debits to checking account Dated 04/14/11thru 04/22/11 $310,122.28Disbursements via debits to checking account Dated 05/03/2011 $191,806.03Disbursements via debits to checking account Dated 04/22/11thru 04/29/11 $1,185,503.06Total Accounts Payable PAYROLL $505,874.65Payroll Checks and Direct Deposits dated 04/29/11 $1,168.95Payroll Deduction check #9984093thru #9984094 dated 04/29/11 $507,043.60Total Payroll GRAND TOTAL $1,692,546.66 Seconded by Councilmember Koppen.Ayes –All The motion passed. 2.Approval of Temporary Gambling Permit –The Dog House Bar & Grill CouncilmemberJuenemannmoved toapprove the resolution for a temporary gambling permit for The Dog House Bar & Grill at 2029 Woodlynn Avenue. RESOLUTION11-05-569 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling on May 21, 2011 is approved for The Dog House Bar & Grill, 2029 Woodlynn Ave, Maplewood. 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 CouncilmemberKoppen.Ayes –All The motion passed. 3.Approval of Budget Adjustments for the Assistance to Firefighter’s Grant May 9, 2011 3 City Council MeetingMinutes CouncilmemberJuenemann moved toapprove the finance department make the necessary budget adjustments in regards to the Assistance to Firefighter’s Grant. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 4.Approval of Conditional Use Permit –Xcel Energy Tanners Lake Electrical Substation Councilmember Juenemann moved toapprove the conditional use permit for Xcel Energy’s electrical substation and related electrical system operations again only if a major change is proposed or a problem arises. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 5.Approval of the 2010 Environmental and Natural Resources Commission Annual Report Councilmember Juenemannmoved toapprove the 2010 Environmental and Natural Resources Commission Annual Report. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. H.PUBLIC HEARING 1.Western HillsArea Street Improvements, Project 10-14 a.Assessment Hearing, 7:00 p.m. b.Resolution Adopting Assessment Roll c.Resolution Receiving Bids and Awarding Construction Contract i.City Engineer, Deputy Public Works Director, Michael Thompson gave a presentation and answered questions of the council. ii.Assistant City Engineer, Steve Love gave the presentation. iii.City Attorney, Alan Kantrud addressed the council. iv.Civil Engineer, Steve Kummer answered questions of the council. Mayor Rossbach opened the public hearing. 1.KristinBorowske, Maplewood. 2.Christine Lehto, Maplewood. 3.Blong Yang, Maplewood. 4.Bill Taylor, Maplewood. 5.Laurie Sherman, Maplewood. 6.Lynn Carter, Maplewood. 7.Jerry O’Brien, Maplewood. 8.Male speaker who didn’t sign in or give his name and address. 9.Nicola Opine, Maplewood. 10.Chuck Berglund, Maplewood. 11.Marvella Lackner, Maplewood. 12.Donald Smieja, Maplewood. 13.Fred Bauer, Maplewood. May 9, 2011 4 City Council MeetingMinutes Mayor Rossbach closed the public hearing. CouncilmemberNephewmoved toapprove the resolution adopting the assessment roll for the Western Hills Area Street Improvements, City Project 10-14, minus the objections received. RESOLUTION11-05-570 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 11, 2011, calling for a Public Hearing, the assessment roll for the Western HillsArea Street Improvements, City Project 10-14 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1.Parcel 182922340063–David Conover;1702 Abel Street It is currently proposed that the property be assessed for 1 unit. Mr. Conover is objecting to the assessment on the basis that theassessment amount is greater than benefit to the property. 2.Parcel 182922340045–Justin Balar;1705 Abel Street It is currently proposed that the property be assessed for 1 unit. Mr. Balar is requesting a revision to his assessment. 3.Parcel 182922340087–Don Smieja;0 Abel Street It is currently proposed that the property be assessed for 0.33units. Mr. Smieja is requesting an undeveloped property deferral. 4.Parcel 182922340058–Don Smieja;0 Abel Street It is currently proposed that the property be assessed for 0.33units. Mr. Smieja is requesting an undeveloped property deferral. 5.Parcel 182922340059–Don Smieja;0 Abel Street It is currently proposed that the property be assessed for 0.33units. Mr. Smieja is requesting an undeveloped property deferral. 6.Parcel 182922340064–Don Smieja;1706 Abel Street It is currently proposed that the property be assessed for 1 unit. Mr. Smieja is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 7.Parcel 182922340065–Maiyia Her;1712 Abel Street It is currently proposed that the property be assessed for 1 unit. Mrs. Her is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 8.Parcel 182922340043–Gerald Jahnke;1719 Abel Street It is currently proposed that the property be assessed for 1 unit. Mr. Jahnke is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a financial hardship deferral. 9.Parcel 182922340066–Steve M. Barsness;1724 Abel Street It is currently proposed that the property be assessed for 1 unit. Mr. Barsness is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 10.Parcel 182922410026–Linda Bowman;1902 Adolphus Street It is currently proposed that the property be assessed for 1 unit. Ms. Bowman is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 11.Parcel 182922410027–Johnnie and Gloria Rudolph;1912 Adolphus Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Rudolph are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 12.Parcel 182922430015–Nancy Tschida Stephenson;1706 Agate Street It is currently proposed that the property be assessed for 1 unit. Ms. Stephenson is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a financial hardship deferral. 13.Parcel 182922430045–Fred Bauer;1741 Agate Street May 9, 2011 5 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit. Mr. Bauer is requesting a senior citizen deferral. 14.Parcel 182922430043 –Kristin Ross; 1755 Agate Street It is currently proposed that the property be assessed for 1 unit. Ms. Ross is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 15.Parcel 182922430038–Brian and Rebecca Cortez;1793Agate Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Cortez are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 16.Parcel 182922430037–Jeff Olson;1799 Agate Street It is currently proposed that the property be assessed for 1 unit. Mr. Olson is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 17.Parcel 182922420089–Joy Nellessen;1800 Agate Street It is currently proposed that the property be assessed for 1 unit. Mrs. Nellessen is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a senior citizen deferral. 18.Parcel 182922420096–Karen and Jose Diaz;1805 Agate Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Diaz are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and request a financial hardship deferral. 19.Parcel 182922420085–John W. Peterson;1826 Agate Street It is currently proposed that the property be assessed for 1 unit. Mr. Peterson is objecting to the assessment on the basis that the assessment amount is greater than benefit tothe property and requests a senior citizen deferral. 20.Parcel 182922420084–Eileen R. Eaves;1832 Agate Street It is currently proposed that the property be assessed for 1 unit. Ms. Eaves is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a senior citizen deferral. 21.Parcel 182922420083–Paula B. Merth;1838 Agate Street It is currently proposed that the property be assessed for 1 unit. Ms. Merth is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 22.Parcel 172922330028–Daniel Underbakke;1705 Arkwright Street It is currently proposed that the property be assessed for 1 unit. Mr. Underbakke is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 23.Parcel 182922310034–Mee and Michel Vansoua;1845 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Vansoua are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 24.Parcel 182922310012–Wendy and Charles Dording;1860 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Dording are objectingto the assessment on the basis that the assessment amount is greater than benefit to the property. 25.Parcel 182922310032–Richard Willey;1861 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Mr. Willey is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 26.Parcel 182922310011 –Coleen Hanrahan; 1866 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Ms. Hanrahan is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 27.Parcel 182922310031–Laureen Sherman;1867 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Ms. Sherman is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 28.Parcel 182922310030–Todd and Laurette Alwin;1873 Beaumont Street May 9, 2011 6 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Alwin are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 29.Parcel 182922310008–Jerene Grilz;1888 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Ms. Grilz is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 30.Parcel 182922310027–Tammi Zapata;1895 Beaumont Street It is currently proposed that the property be assessed for 1 unit. Ms. Zapata is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 31.Parcel 182922420047–Dennis and Laurie Littlefield;104 Bellwood Avenue It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Littlefield are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 32.Parcel 182922420042–Brenda Murphy;142 Bellwood Avenue It is currently proposed that the property be assessed for 1 unit. Ms. Murphy is requesting a financial hardship deferral. 33.Parcel 182922420040–Mary E. Hackman;156 Bellwood Avenue It is currently proposed that the property be assessed for 1 unit. Ms. Hackman is requesting a senior citizen deferral. 34.Parcel 182922410029–Mary and Pat McMonigal;223 Bellwood Avenue It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. McMonigal are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 35.Parcel 182922430069–Yewondwossen Tsegaw;1733 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Mr. Tsegaw is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 36.Parcel 182922430054–Craig and Michelle Selbitschka;1766 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Selbitschka are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 37.Parcel 182922430055–Christine Holman-House;1774 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Ms. Holman-House is requesting a cancellation of assessment or a financial hardship deferral. 38.Parcel 182922430063–Jose D. Carbajal;1777 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Mr. Carbajal is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 39.Parcel 182922430057–Paal Salter Carter;1786 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Mr. Salter Carter is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a financial hardshipdeferral. 40.Parcel 182922430061–Michelle Irwin;1791 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Ms. Irwin is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 41.Parcel 182922420111–Dick Pierre;1803 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Mr. Pierre is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 42.Parcel 18-29-22-42-0097 –Mary Jane Hawkins; 1808 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Ms. Hawkins is requesting deferral of the assessment due to disability status and financial hardship. 43.Parcel 182922420104–Jamie Whitwood;1853 City Heights Drive It is currently proposed that the property be assessed for 1 unit. Mr. Whitwood is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 44.Parcel 182922420103–Ann Athen;130 East Summer Avenue It is currently proposed that the property be assessed for 1 unit. Ms. Athen is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. May 9, 2011 7 City Council MeetingMinutes 45.Parcel 182922420082–Mary J. Tills;154 East Summer Avenue It is currently proposed that the property be assessed for 1 unit. Ms. Tills is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a senior citizen deferral. 46.Parcel 182922420057–Kevin Osmundson;171 East Summer Avenue It is currently proposed that the property be assessed for 1 unit. Mr. Osmundson is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 47.Parcel 182922420066–Muriel Paulson;202 East Summer Avenue It is currently proposed that the property be assessed for 1 unit. Mrs. Paulson is requesting a senior citizen deferral. 48.Parcel 182922420063–Richard J. Towle;217 East Summer Avenue It is currently proposed that the property be assessed for 1 unit. Mr. Towle is requesting a financial hardship or senior citizen deferral. 49.Parcel 172922330016–Kenneth J. Pfarr;1695 Edgemont Street It is currently proposed that the property be assessed for 1 unit.Mr. Pfarr is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 50.Parcel 172922330024–Patrick Her;1700 Edgemont Street It is currently proposed that the property be assessed for 1 unit. Mr. Her isobjecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 51.Parcel 172922330023–Blong Yang;1706 Edgemont Street It is currently proposed that the property be assessed for 1 unit. Mr. Yang is objecting tothe assessment on the basis that the assessment amount is greater than benefit to the property and requests a financial hardship deferral 52.Parcel 172922330022–Paula Vang;1714 Edgemont Street It is currently proposed that the property be assessed for 1 unit. Ms. Vang is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a financial hardship deferral. 53.Parcel 172922330019–Thomas Azzone;1723 Edgemont Street It is currently proposed thatthe property be assessed for 1 unit. Mr. Azzone is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 54.Parcel 182922310014–Richard E. Miller;63 Fenton Street It is currently proposed that the property be assessed for 1 unit. Mr. Miller is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 55.Parcel 182922310043–Richard E. Miller;95 Fenton Street It is currently proposed that the property beassessed for 1 unit. Mr. Miller is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 56.Parcel 182922310044–Richard E. Miller;97 Fenton Street It is currently proposed that the property be assessed for 1 unit. Mr. Miller is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 57.Parcel 182922340009 William Taylor;1765 Gurney Street It is currently proposed that the property be assessed for 1 unit. Mr. Taylor is requesting a cancellation of assessment or a disability deferral. 58.Parcel 182922340022–Jeff Hupert;5 Kingston Avenue East It is currently proposed that the property be assessed for 1 unit. Mr. Hupert is objecting to the assessment on thebasis that the assessment amount is greater than benefit to the property. 59.Parcel 182922340090–Kristin R. Borowske;63 Kingston Avenue East It is currently proposed that the property be assessed for 1 unit. Ms. Borowske is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests that the assessment be reduced and the interest rate set to zero percent. 60.Parcel 182922340084–Jennifer and Bradley Johnson;76 Kingston Avenue East It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Johnson are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 61.Parcel 182922340014–John and Doris Slama;77 Kingston Avenue East May 9, 2011 8 City Council MeetingMinutes It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Slama are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and request a senior citizen deferral. 62.Parcel 172922330058–Katherine L. Graham;385 Kingston Avenue East It is currently proposed that the property be assessed for 1 unit. Ms. Graham is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 63.Parcel 172922330059–Marvella M. Lackner;395 Kingston Avenue East It is currently proposed that the property be assessed for 1 unit. Ms. Lackner is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a senior citizen or financial hardship deferral. 64.Parcel 182922430104–Bezaneh Gebremedhin;191 D Larpenteur Avenue East It is currently proposed that the property be assessed for 1 unit. Bezaneh Gebremedhin is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 65.Parcel 182922430010–Timothy and Michelle Cover;1740 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Cover are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 66.Parcel 182922430009–Allan C. Button;1744 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. Button is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 67.Parcel 182922430007–Lawrence A. Dittel;1754 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. Dittel is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 68.Parcel 182922430030–Michael Ziolkowski;1757 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. Ziolkowski is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 69.Parcel 182922430004–Roger J. Beran;1770 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. Beran is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 70.Parcel 182922430027–Jack McGee;1783 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. McGee is objecting to the assessment on the basis that the assessment amount isgreater than benefit to the property. 71.Parcel 182922430026–Seth Miller;1793 Onacrest Curve It is currently proposed that the property be assessed for 1 unit. Mr. Miller is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 72.Parcel 182922310024–Clarence Osen;50 Roselawn Avenue It is currently proposed that the property be assessed for 1 unit. Mr. Osen is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and requests a revision to his assessment due to years of residency and previous assessments and taxes paid. 73.Parcel 182922340040–Nicola and James Opine;1730 Sylvan Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Opine are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 74.Parcel 182922340024–Todd P. Williams;1754 Sylvan Street It is currently proposed that the property be assessed for 1 unit. Mr. Williams is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 75.Parcel 182922340025–Michael and Carol Bisson;1758 Sylvan Street It is currently proposed that the property be assessed for 1 unit. Mr. and Mrs. Bisson are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. 76.Parcel 182922340011–Marvin Hodgin;1766 Sylvan Street It is currently proposed that the property be assessed for 1 unit. Mr. Hodgin is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. May 9, 2011 9 City Council MeetingMinutes 77.Parcel 182922340010–Christine and David Lehto;1772 Sylvan Street It is currently proposed that the property be assessed for 1unit. Mr. and Mrs. Lehto are objecting to the assessment on the basis that the assessment amount is greater than benefit to the property and request a cancellation of the assessment ora financial hardship deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 23, 2011, as to their recommendations for adjustments. 3.The assessment roll for the Western Hills AreaStreet Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4.Such assessments shall be payable in equal annual installments extending over a period of 15 yearsfor residential properties and 8 years for commercial properties,the first installments to be payable on or before the first Monday in January 2012and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the firstinstallment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2011, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption ofthis resolution; and they may, at any time after November 15, 2011, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November15 or interest will be charged through December 31 of the next succeeding year. 6.The city engineer and city clerk shall forthwith after November 15, 2011, but no later than November 16, 2011, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the council on this 9day of May 2011. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. Councilmember Nephew moved to approve the resolution acceptingthe bids award construction contract with T.A. Schifsky and Sons, Inc. for the Western Hills Area Street Improvements –City Project 10-14. May 9, 2011 10 City Council MeetingMinutes RESOLUTION11-05-571 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons in the amount of $5,406,359.31 for the Base Bid and Bid Alternates 1 through 8is the lowest responsible bid for the construction of Western HillsArea Street Improvements –City Project 10-14, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. Furthermore, official award of Bid Alternate #3 is authorized by the council however is contingent upon the ratification of an agreement between the City and SaintPaul Regional Water Services. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council. th Adopted by the council on this 9day of May, 2011. Seconded by Councilmember Juenemann.Ayes –All The motion passed. I.UNFINISHED BUSINESS 1.Consideration of Penaltyfor Alcohol Compliance Failure –The Ponds at Battle Creek Golf Course Mayor Rossbach asked the representative from The Ponds at Battle Creek to come forward and address the council. Brad Behnke, Owner, The Ponds at Battle Creek Golf Course addressed the council. Councilmember Nephewmoved toapprove the $500 alcohol fine toThe Ponds at Battle Creek Golf Course. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. The city council took a break at 8:49 p.m. The city reconvened at 9:00 p.m. 2.Bid Award on Improvement Bonds –General Obligation Improvement Bonds Series 2011A a.Assistant City Manager, Public Works Director Chuck Ahlgave the reportand answered questions of the council. b.Terrie Heaton, Springsted, Inc. addressed the council and gave a presentation. CouncilmemberNephewmoved toapprove the resolution for the General Obligation Improvement Bonds Series 2011Ato MorganKeegan. May 9, 2011 11 City Council MeetingMinutes EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: MAY 9, 2011 Pursuantto 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 May 9, 2011, at 7:00 P.M., for the purpose, in part, of considering proposalsand awarding the competitive negotiated sale of, $10,000,000 General Obligation Improvement Bonds, Series 2011A. The following members were present:All and the following were absent:None In accordance with the resolution adopted by the City Council on April 11, 2011, the City Clerk presented proposals on $10,000,000 General Obligation Improvement Bonds, Series 2011A, which were received and tabulated at the offices of Springsted Incorporated on this same day: BidderInterest RateTrue Interest Cost The Council then proceeded to consider and discuss the proposals, after which member Nephew introduced the following resolution and moved its adoption: RESOLUTION 11-05-572 ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $10,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A, 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 $10,000,000 General Obligation Improvement Bonds, Series 2011A (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 Morgan Keegan in Memphis, Tennessee(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 $10,261,393.35, 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. May 9, 2011 12 City Council MeetingMinutes 2.Bond Terms . (a)Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2011A", shall be dated June 1, 2011, 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: YearAmountYearAmount 2013$555,0002023$510,000 2014500,0002024520,000 2015495,0002025525,000 2016500,0002026530,000 2017500,0002027540,000 2018495,0002028435,000 2019500,0002029450,000 2020505,0002030460,000 2021510,0002031475,000 2022510,0002032485,000 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"). With respect to the Bonds neither the City nor the Bond Registrar shall have any (iii) 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 amountwith 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 May 9, 2011 13 City Council MeetingMinutes 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 inthe 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. In connection with any notice or other communication to be provided to the (viii) 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. May 9, 2011 14 City Council MeetingMinutes (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 determineto 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 toassure 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 February 1, 2012, 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: MaturityInterestMaturityInterest YearRateYearRate 20133.00%20233.00% 20143.0020243.00 20154.0020253.25 20164.0020263.25 20174.0020273.50 20183.0020283.50 20193.0020294.00 20203.0020304.00 20213.0020314.00 20223.0020324.00 May 9, 2011 15 City Council MeetingMinutes 5.Redemption. All Bonds maturing on February 1, 2022, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2021, 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 $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and theCity shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to 6. act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall executewhich is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7.Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_______$_________ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2011A INTERESTMATURITYDATE OF RATEDATEORIGINAL ISSUECUSIP 3.1805%FEBRUARY 1,2032JUNE 1, 2011 May 9, 2011 16 City Council MeetingMinutes REGISTERED OWNER:CEDE & CO. PRINCIPAL AMOUNT:$10,000,000.00DOLLARS 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 February 1, 2012, 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 InterestPayment 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 businesson 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 bepayable 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 thisBond 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, 2022 and thereafter are subject to redemption and prepayment at the option of the Issuer on February 1, 2021, 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 May 9, 2011 17 City Council MeetingMinutes 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 $10,000,000, 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 May 9, 2011 (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 2011A 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 theprincipal 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 aggregateprincipal 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 asthe 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. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 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 andmanner as required by law, and that this Bond, together with all other debts of May 9, 2011 18 City Council MeetingMinutes the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration:Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF MAPLEWOOD, RAMSEY COUNTY CERTIFICATE OF MINNESOTA AUTHENTICATION This Bond is one of the Bonds /s/ Facsimile described in the Resolution Mayor mentioned within. /s/ Facsimile U.S. BANK NATIONAL Clerk ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature May 9, 2011 19 City Council MeetingMinutes 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 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.) PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: May 9, 2011 20 City Council MeetingMinutes AUTHORIZED DATEAMOUNTSIGNATURE OF HOLDER 8.Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either 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 bondsin substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single May 9, 2011 21 City Council MeetingMinutes 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 signedby 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 June 1, 2011. 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. Wheneverany 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 dulyauthorized 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. May 9, 2011 22 City Council MeetingMinutes 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 theBond 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 pursuantto 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 2011A 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 May 9, 2011 23 City Council MeetingMinutes 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 onthe 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 interestin the amount of $227,441.66, sufficient to pay interest due on the Bonds on or before February 1, 2012; (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 theConstruction 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 moneyswhich 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, Subdivision1(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 atthe 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: May 9, 2011 24 City Council MeetingMinutes ImprovementCollection DesignationAmountLevy YearsYearsRates Western Hills$1,691,3002011-20302011-20315.18% Gladstone2,200,0002011-20302012-20315.15% 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. 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 ofYear of Tax LevyTax CollectionAmount 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 produceat 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 rightand 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 thedate 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. 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 May 9, 2011 25 City Council MeetingMinutes 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 minimisamount 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 costof 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. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. 20. 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 tobe provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org 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 to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c)Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business daysfollowing such amendment. (d)The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; providedthat the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in May 9, 2011 26 City Council MeetingMinutes substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with therequirements 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 24-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.Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a)the Bonds are issued after August 7, 1986; (b)the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c)the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d)the reasonably anticipated amountof tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the May 9, 2011 27 City Council MeetingMinutes City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2011 will not exceed $10,000,000; and (e)not more than $10,000,000 of obligations issued by the City during this calendar year 2011 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27.Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28.Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Koppen and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: All councilmembers voted for and the following voted against the same:None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITYOF 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, $10,000,000 General Obligation Improvement Bonds, Series 2011A. WITNESS my hand on May 9, 2011. ______________________________ Clerk Seconded by CouncilmemberKoppen.Ayes –All The motion passed. May 9, 2011 28 City Council MeetingMinutes 3.Consider Approval of Emerald Ash Borer Plan a.Park & Recreation Manager, DuWayne Konewko gave thereportand answered questions of the council. b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c.City Manager, James Antonen answered questions of the council. Councilmember Nephewmoved toapprove the Emerald Ash Borer Management Plan. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. Councilmember Nephew moved to approve the RFP for the boulevardtree inventory plan and payment for this shall be from available monies in the tree preservation fund, the available fund balance in the CIP fund is not to exceed $10,000,and not to take money from the community fields and park upgrades but instead find any balance necessary from fund reserves. Seconded byCouncilmember Llanas.Ayes –Mayor Rossbach, Councilmember’s Juenemann, Llanas& Nephew Nay –Councilmember Koppen The motion passed. J.NEW BUSINESS 1.Consider Approval of the Tax-Increment Financing Development Agreement for the Shores Seniors Living Facility Located at 940 Frost Avenue a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. Councilmember Koppenmoved to approve the TIF Development Agreement for the Shores Seniors Living Facility located at 940 Frost Avenue. Seconded by CouncilmemberLlanas.Ayes –All The motion passed. 2.Approval of Joint Powers Agreement with the City of Roseville for Shared Engineering Services a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Juenemannmoved toapprove the joint powers agreement with the City of Roseville for Shared Engineering Services and authorizes the Mayor and city Manager to execute said agreement. Furthermore, minor adjustments to the agreement, if needed prior to obtaining signatures, are hereby authorized to be made by the City Attorney. Seconded by CouncilmemberKoppen.Ayes –All The motion passed. May 9, 2011 29 City Council MeetingMinutes 3.Approval of the Goodrich Park Master Plan a.Parks & Recreation Director, DuWayne Konewko introduced the item. b.Recreation Supervisor, Jim Taylor gave the reporton the Goodrich Park Master Plan. c.Landscape Architect, SEH, Veronica Andersongave further information on the Goodrich Park Master Plan. d.City Attorney, Alan Kantrud answered questions of the council. CouncilmemberJuenemannmoved toapprove the Goodrich Park Master Plan. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 4.Approval to Proceed with MCC Repair and Improvements and Request for Advancementof Funds a.Parks & Recreation Director, DuWayne Konewko introduced the itemand answered questions of the council. b.AquaticProgramSupervisor, Ron Horwath gave the report and answered questions of the council. c.Assistant City Manager, Public Works Director, Chuck Ahl addressed and answered questions of the council. Councilmember Koppenmoved toapprove to spend one time monies from the city’s general fund of $150,000 as recommended at the 4/11/2011 Council Workshop and to advance funds from 2012, with the understanding that the tax levy allocated to the MCC Fund in 2012 will increase as proposed in the 2012-2016 CIP, in an amount not to exceed $75,000 to complete these projects throughout the 2011 fiscal year. Seconded by Mayor Rossbach.Ayes –All The motionpassed. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul. Mr. Zick spoke about the 2011-2013city council goalsand he encouraged citizens to sign up for elections to serve on the Maplewood City Council. The filing period is open from May 17 –May 31, 2011. 2.Mark Bradley, Maplewood. Mr. Bradley said one good thing in Maplewood is the Maplewood Business & Economic Development Commission. Mr. Bradley talked at length about the Emergency Response Routes going North-South and East-Westand the emergency vehicle response times. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.FallenOfficer Memorial – Councilmember Juenemannthanked everyone involved with the Fallen Police Officer MemorialSunday, May 1, 2011. May 9, 2011 30 City Council MeetingMinutes 2.Trash Group – Councilmember Nephewsaid the trash work group meeting was held at th city hall in the council chambersFriday, May 6from 1:00-3:00 and was televised on cable and will be replayedon GTN. 3.Redistricting – Councilmember Nephewinformed citizens that 2011 is a redistricting year since the census was taken in 2010. The proposed planwould givethe City of Maplewood 4 different state representatives and 3 different state senators. Councilmember Nephew asked staff if the city will have to have to redraw precinct boundaries if the current redistricting proposal is approved. Staff will bring further information regarding redistricting to the council in the near future. 4.Municipal Legislative CommissionMeeting with Governor Dayton – Mayor Rossbach gave a brief report onthe meeting with Governor Dayton. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 11:08p.m. May 9, 2011 31 City Council MeetingMinutes City of Maplewood Official Public Hearing Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. Pudic Hearing: Western Hills Area Street Improvements, Project 10-14 Date: May 9, 2011 Time: 7:00 p.m. or later 7A 0,-4SJVII_Ly Na e first & last p -please -p lTint 2. 3 H Address 7. { Pl )Ae - 9.U/Vltac_v 10. 13. 14. 31�_ s�-