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HomeMy WebLinkAbout11-23-2009MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, November 23, 2009 Council Chambers, City Hall Meeting No.23 -09 Q A A 0 E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:31 p.m. by Acting Mayor Juenemann. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Absent Erik Hjelle, Councilmember Absent Kathleen Juenemann, Acting Mayor Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA The following item was added to the agenda by the council: H1. League of Minnesota Cities /Metro Cities Regional Meeting — Councilmember Rossbach Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of November 9, 2009, Council Manager Workshop Minutes Acting Mayor Juenemann had a correction to the last page, correcting that Mayor Longrie was absent from the meeting and it should state that Acting Mayor Juenemann adjourned the meeting. Councilmember Nephew moved to approve the November 9, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Approval of November 9, 2009, City Council Meeting Minutes Councilmember Nephew had corrections to the minutes on page 8 of 206, page 3 of the minutes; the minutes should reflect when Councilmember Hjelle departed the meeting during the 10 minute recess. Also right above the 10 minute recess the motion there should say publish not the word pub4G. November 23, 2009 City Council Meeting Minutes Agenda item L2. should say Adoption of the Recycling and Sanitary Sewer Rates for 2010 in the heading. The second to the motion from Councilmember Juenemann is missing And Councilmember Hjelle left the meeting and his vote should not be reflected. Councilmember Nephew moved to approve the November 9, 2009, City Council Meeting Minutes as amPnripd Seconded by Councilmember Rossbach. Ayes — All The motion passed. F. VISITOR PRESENTATIONS — PART I 1. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling asked how many tons of salt the city bought for the roads in Maplewood for 2009. Mr. Schilling commented that the ball fields on Edgerton Street and Desoto Street had two - 300 gallon carts used to spray the park with and he asked what they were spraying the park with. His concern was that the product would go into the wetlands. 2. Mark Bradley, 2164 Woodlyn Avenue, Maplewood. Mr. Bradley is concerned about the economy and the Maplewood Mall and the tax base. G. ADMINISTRATIVE PRESENTATIONS Cancellation of December 28, 2009, City Council Meeting a. City Manager, James Antonen gave a short report. Councilmember Rossbach moved to cancel the December 28, 2009, scheduled City Council meeting. Seconded by Councilmember Nephew. Ayes — All The motion passed H. COUNCIL PRESENTATIONS 1. League of Minnesota Cities /Metro Cities Regional Meeting — Councilmember Rossbach said Thursday, November 19, 2009, was there last meeting. Councilmember Rossbach shared who attended the meeting and what the purpose of the meeting was. 1. APPOINTMENTS AND PRESENTATIONS J. PUBLIC HEARINGS 1. Consider Adoption Of The Revised Sign Ordinance — First Reading (Heard after K1. Because it was too early to begin the 7:00 p.m. public hearing. a. Environmental Planner, Shann Finwall gave the presentation b. City Attorney, Alan Kantrud answered questions of the council. November 23, 2009 2 City Council Meeting Minutes 1. CDRB Chairperson, Matt Ledvina, addressed the council and gave the report for the CDRB. Acting Mayor Juenemann opened the public hearing 1. Mark Bradley, 2164 Woodlyn Avenue, Maplewood. 2. Mary Koppen, 1990 Ripley Avenue, Maplewood. 3. DuWayne Hejny, Hejny Rental, 1829 White Bear Avenue, Maplewood 4. Joe Fox, 1821 Myrtle Street, Maplewood. Acting Mayor Juenemann closed the public hearing. Seconded by Acting Mayor Juenemann. Ayes — All The motion passed. K. UNFINISHED BUSINESS 1. Approval of Conservation Easement For Priory Neighborhood Preserve (This item was heard out of order because it was too soon for the public hearing to begin) a. Community Development and Parks Director, DuWayne Konewko introduced the agenda item. b. Naturalist, Ginny Gaynor gave the presentation and answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. d. Sarah Strommen, Representing Minnesota Land Trust addressed and answered questions of the council. Councilmember Rossbach moved to approve the resolution for a conservation easement for the Priory Neighborhood Preserve. RESOLUTION 09 -11 -286 APPROVING CONSERVATION EASEMENT FOR PRIORY NEIGHBORHOOD PRESERVE CITY OF MAPLEWOOD, MINNESOTA WHEREAS the Priory Neighborhood Preserve is one of the city's most treasured natural areas; and WHEREAS the Priory Neighborhood Preserve is valued for its ecological quality and the opportunities it offers for education and enjoyment of nature; and WHEREAS the Priory Neighborhood Preserve is located in one of Maplewood's Natural Area Greenways; and WHEREAS a conservation easement will permanently protect this land as a natural area; and WHEREAS the City of Maplewood supports executing a conservation easement for Priory Neighborhood Preserve with Minnesota Land Trust as the easement holder; and NOW THEREFORE BE IT RESOLVED: November 23, 2009 3 City Council Meeting Minutes THAT after appropriate examination and due consideration, the governing body of the City authorizes staff to proceed with filing the legal documents to grant a conservation easement for Priory Neighborhood Preserve to Minnesota Land Trust; and THAT the Mayor of Maplewood, Diana Longrie is hereby authorized to execute the conservation easement on behalf of the city. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on November 23, 2009. (Signature) Mayor WITNESSED: (Signature) City Clerk, ( Date) ( Date) Seconded by Councilmember Juenemann. Ayes — Acting Mayor Juenemann, Councilmember Rossbach Nay — Councilmember Nephew The motion passed. Returned to item J1. Public Nearing 2. Approve Resolution For Adoption Of Electric Franchise Tax Rates For 2010 Councilmember Nephew moved to table the adoption of the electric franchise tax rates for 2010. Seconded by Councilmember Rossbach. Ayes — All The motion to table passed. 3. Approve Resolution Accepting Proposal On The Competitive Negotiated Sale Of $2,770,000 General Obligation Refunding Bonds, Series 20098, and Providing For Their Issuance a. Finance Director, Bob Mittet gave the report. Councilmember Nephew moved to approve the resolution accepting the competitive negotiated sale of the $2,770,000 General Obligation Refunding Bonds, Series 20098 and providing for their Issuance. Seconded by Councilmember Rossbach. Ayes — All The motion passed. L. NEW BUSINESS 1. Authorization To Obtain Web Streaming Services a. IT Director, Mychal Fowlds gave the presentation and answered questions of the council. November 23, 2009 4 City Council Meeting Minutes Councilmember Nephew moved to approve the web streaming services for all meeting bodies and all meetings. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Sidewalk Improvement (English Street south of Burke Circle), Project 09 -17 a. Report On Cost Of Work Done By Day Labor b. Resolution Accepting Work i. Deputy Public Works Director, City Engineer, Michael Thompson gave the report and answered questions of the council. Councilmember Rossbach moved to approve the cost of work done by day labor for the Sidewalk Improvement (English Street south of burke Circle), City Proiect 09 -17, and approve the resolution for accepting the work and authorization of a budget transfer. RESOLUTION 09 -11 -287 ACCEPTING WORK AND AUTHORIZING BUDGET TRANSFER CITY PROJECT 09 -17 WHEREAS, pursuant to resolution passed by the city council on September 14, 2009, ordering the Sidewalk Improvement (English Street south of Burke Circle), City Project 09 -17, city staff has satisfactorily completed the improvement in accordance with the approved plans and specifications, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that 1. The work completed under said contract is hereby accepted and approved by the City 2. The finance director is authorized and directed to complete a budget transfer of $5,696.22 from Fund 582 (City Project 07 -19) into the Street Maintenance budget 101 -502 -000 -4180 Approved this 23` day of November, 2009. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Rice Street/TH 36 Interchange Improvements, City Project 09 -07, Resolution Ordering Preparation Of Feasibility Study a. Deputy Public Works Director, City Engineer, Michael Thompson gave the report and answered questions of the council. Councilmember Nephew moved to approve the resolution ordering the preparation of the feasibility study for the Rice/TH 36 Interchange Improvement Project, city Project 09 -07. RESOLUTION 09 -11 -288 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Rice1TH36 Interchange Improvements, City Project 09 -07, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, November 23, 2009 5 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he/she is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. report. FURTHERMORE, funds in the amount of $20,000 are appropriated to prepare this feasibility Seconded by Acting Mayor Juenemann. Ayes — All The motion passed. 4. Approval Of Resolution Adopting 2010 Assessment Rates, Public Works Permit Fees, And Pac Charges a. Deputy Public Works Director, City Engineer, Michael Thompson gave the report and answered questions of the council. Councilmember Nephew moved to approve the resolution for Adoption of the 2010 Assessment Rates, Public Works Permit Fees, and Park Availability Charges. RESOLUTION 09 -11 -289 ADOPTION OF THE 2010 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES, AND PARK AVAILABILITY CHARGES WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park availability charges, and WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated assessment and improvement rates shall become effective beginning January 1, 2010. 2. The updated public works fees are approved for all related permit applications received on or after January 1, 2010. 3. The updated park availability charge shall become effective beginning January 1, 2010. 4. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 5. Approval Of Resolution For 2010 Community Development Fees November 23, 2009 6 City Council Meeting Minutes a. Community Development and Parks Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Rossbach moved to approve the 2010 building permit, planning and restaurant inspection fees for the office of Community Development. RESOLUTION 09 -11 -290 COMMUNITY DEVELOPMENT FEES WHEREAS, the Maplewood City Council has performed their annual evaluation of the fees charged by the city for building permits, planning reviews and restaurant inspections; WHEREAS, the Maplewood City Council hereby sets the following fees listed in the table entitled Table A -1 Buildina Permit Fees: WHEREAS, the Maplewood City Council hereby sets the Community Development Service Charges for planning and health related fees as outlined on the fee chart entitled 2010 Community Development Service Charges NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt the above mentioned 2010 fee amounts. Maplewood City council passed this resolution on November 23, 2009. Seconded by Acting Mayor Juenemann. Ayes — All The motion passed. 6. Approval Of Lions Park Master Plan And Authorize Staff To Prepare Plans And Specifications a. Community Development and Parks Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Nephew moved to approve the Lions Park Master Plan and give staff approval to proceed with the preparation of plans and specifications. RESOLUTION 09 -11 -291 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07 -25 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07 -25, the Hazelwood Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Hazelwood Street Improvements, City Project 07 -25, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 07 -25 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $1,215,290.14. Final payment to Tower November 23, 2009 7 City Council Meeting Minutes Asphalt, Incorporated, and the release of any retainage or escrow is hereby authorized. Approved this 23� day of November 2009. Seconded by Acting Mayor Juenemann. Ayes — All The motion passed. M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1 -11. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 739,563.42 Checks # 79770 thru # 79826 Dated 11/03/09 thru 11/10/09 $ 129,250.76 Disbursements via debits to checking account Dated 10/30/09 thru 11/06/09 $ 81,923.85 Checks # 79827 thru # 79884 Dated 11/17/09 $ 103,044.32 Disbursements via debits to checking account Dated 11/09/09 thru 11/13/09 $ 1,053,782.35 Total Accounts Payable PAYROLL $ 509,400.85 Payroll Checks and Direct Deposits dated 11/13/09 $ 2,229.75 Payroll Deduction check #1008222 thru #1008223 Dated 11/13/09 $ 511,63.60 Total Payroll $ 1 ,565 412.95 GRAND TOTAL Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Resolution Accepting Donation To The Fire Department From Residential Mortgage Group November 23, 2009 8 City Council Meeting Minutes Councilmember Nephew moved to approve the resolution accepting the donation to the fire department from the residential mortgage group. RESOLUTION 09 -11 -292 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHOIRIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so- prescribed, and; WHEREAS, Residential Mortgage Group (RMG) wishes to grant the city of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Group has instructed that the City will be required to use the aforementioned for: use by the fire department to directly improve the community where the donator will be living, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agree that it will accept the gift by a four - fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four- fifths or more majority vote of its membership on November 23, 2009. Signed: Signed: Witnessed: (Signature) (Signature) (Signature) Mayor Chief of Fire City Clerk (Title) (Title) (Title) (Date) (Date) (Date) Seconded by Councilmember Rossbach. Ayes — All The motion passed. 3. Resolution Accepting Donation To The Community Center In Memory Of North St. Paul Officer Richard Crittenden Councilmember Nephew moved to approve the resolution accepting the donation to the community center in memory of the North St. Paul Officer Richard Crittenden. RESOLUTION 09 -11 -293 ACCEPTANCE OF DONATION WHEREAS the Maplewood Community Center has received a donation of an arcade style November 23, 2009 9 City Council Meeting Minutes hockey game in remembrance of North St. Paul Police Office Crittenden. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Center to accept this donation. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 4. Kohlman Area Street Improvements, City Project 07 -21 a. Approval Of Final Project Financing And Closure Of Fund 584 b. Authorize Transfer Of Excess Funds Councilmember Nephew moved to approve the Kohlman Area Street Improvements, City Project 07 -21. Approval Of Final project financing and closure of fund 584. And the Authorization to transfer excess funds. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 5. Lark - Prosperity Street Improvements, City Project 07 -15 a. Approval Of Final Project Financing And Closure Of Fund 584 b. Authorize Transfer Of Excess Funds Councilmember Nephew moved to approve the Lark Prosperity Street Improvements, City Project 07 -15. Approval of Final Proiect Financing and Closure of Fund 584. And the Authorization to transfer excess funds. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 6. Hazelwood Street Improvements, City Project 07 -25, Approve Final Payment And Acceptance Of Project Councilmember Nephew moved to approve the Hazelwood Street Improvements, City Project 07- 25, Approval of the final payment and acceptance of the project. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 7. Approval Of Mn /DOT Agency Agreement Councilmember Nephew moved to approve the MN /DOT agency agreement. RESOLUTION 09 -11 -306 APPROVING MN /DOT AGENCY AGREEMENT BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Maplewood to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. November 23, 2009 10 City Council Meeting Minutes BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency agreement No. 95463, a copy of which said agreement was before the City Council and which is made a part hereof by reference. STATE OF MINNESOTA COUNTY OF RAMSEY I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Maplewood at a duly authorized meeting thereof held on the 23rd day of November, 2009, as shown by the minutes of said meeting in my possession. City Clerk Notary Public My Commission expires Seconded by Councilmember Rossbach. Ayes — All The motion passed. 8. Lift Station No. 17 Upgrades, Project 08 -03, Resolution Approving Final Payment And Acceptance Of Project (includes Change Order No. 1) Councilmember Nephew moved to approve the Lift Station No. 17 Upgrades, Proiect 08 -03, Resolution Approving Final Payment and Acceptance Of Project (Includes Change Order No. 11 RESOLUTION 09 -11 -294 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT LIFT STATION NO. 17 - CITY PROJECT 08 -03 (INCLUDES CHANGE ORDER NO. 1) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08 -03, Lift Station No. 17 Upgrades, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 08 -03, Change Order No. 1, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Lift Station No. 17 Upgrades, City Project 08 -03, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $8,129.50. The revised contract, and earned amount, by the contractor is $138,461.93. November 23, 2009 11 City Council Meeting Minutes 2. City Project 008 -03 is complete and maintenance of these improvements is accepted by the City; and the final construction cost is $138,461.93. Final payment to Lametti & Sons, Inc., and the release of any retainage or escrow is hereby authorized. 3. The finance director is hereby authorized to close the project fund 596 upon making the necessary transfer of $165,712.60 to cover total project cost funded by the Sanitary Sewer Fund. Approved this 23` day of November 2009. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 9. Approval Of Resolution For Six -Month Extension To Consider Property Purchase Or Use Deed — Tax Forfeited Property Councilmember Nephew moved to approve the resolution for the six -month extension to consider the property purchase or use of deed -tax forfeited property. RESOLUTION 09 -11 -285 REQUEST TO WITHHOLD PARCELS FROM PUBLIC SALE WHEREAS, Ramsey County has informed the City of Maplewood of the opportunity for the city to acquire use deeds or to purchase two tax forfeited lots. WHEREAS, the first property is located at the northwest corner of Clarence Street and Ripley Avenue, legally described as follows: GLADSTONE, RAMSEY CO., MINN., VACATED ALLEY ACCRUING & FOLLOWING; LOT 16, BLOCK 5. PID #15- 29 -22 -32 -0069. WHEREAS, the second parcel is located on the west side of Kennard Street between Legacy Parkway and County Road D, legally described as follows: LEGACY VILLAGE OF MAPLEWOOD, LOT 2, BLOCK 1. PID #03- 29 -22 -12 -0026 WHEREAS, the City of Maplewood, has the option to request a six -month extension to delay the County's sale of these parcels to the public. The city can use this time to further evaluate the city's need for these properties and to submit the required documentation for a use deed or land purchase. NOW, THEREFORE, BE IT RESOLVED that the city council hereby formally requests by that Ramsey County withhold the parcel on the northwest corner of Clarence Street and Ripley Avenue and the parcel on the west side of Kennard Street between Legacy Parkway and County Road D for six months from public sale or auction. This will enable the city time to more thoroughly analyze their need for these parcels for public purposes and to submit the necessary application materials requesting the granting of use deeds or public purchase. November 23, 2009 12 City Council Meeting Minutes The Maplewood City Council passed this resolution on November 23, 2009. Seconded by Councilmember Rossbach. Ayes – All The motion passed. 10. Approval Of 2010 SCORE Funding Grant Application Councilmember Nephew moved to approve the 2010 SCORE Funding Grant Application. SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION 2010 SCORE FUNDING GRANT APPLICATION CITY/TOWNSHIP: CONTACT PERSON: ADDRESS: PHONE: FAX: EMAIL: SCORE GRANT REQUEST City of Maplewood Bill Priefer 1902 County Road B East, Maplewood, MN 55109 651 - 249 -2406 651- 249 -2409 bill. priefer a@ci.maplewood.mn.us 1. What measurable goals does your municipality have for waste reduction and recycling activities in 2010? Please describe how progress toward these goals will be measured and evaluated At least ONE measurable goal must be listed. Continue to increase participation at multi - family locations. Progress will be measured by examining pulls from these locations and determining if increases in material recycling tonnage were observed. Identify multi - family locations that do not currently offer recycling and enforce compliance with our ordinance that requires multi - family property owners to offer recycling services. Continue studying away from home recycling and recycling at large events and in other public spaces. Pilot programs will be initiated to determine the best approach to increase recycling away from home. 2. Describe the activities a SCORE grant would be used for in your municipality and how these funds will enhance your existing waste reduction and recycling programs. Identify expenses for activities within each applicable budget category. SCORE funds will help offset the rising cost of recycling due to the shrinking revenue share from the sale of recyclables through Eureka Recycling. It is costing more to process certain materials (especially fiber) than Eureka can sell them for. The depressed markets have reduced our revenue share in 2009 by almost 100 %. PROPOSED SCORE BUDGET —SCORE EXPENSES ONLY ADMINISTRATION Total: $ Please detail activities and expenses: PROMOTION ACTIVITIES Total: $ November 23, 2009 City Council Meeting Minutes Please detail activities and expenses: EQUIPMENT Total: Please detail activities and expenses: COLLECTION OF RECYCLABLES Total:$73,475, Please detail activities and expenses: TOTAL SCORE GRANT Requested$73,475 RECYCLING BUDGET 3. Attach a copy of your 2010 municipal budget for all recycling activities, including all funding sources. If your governing body has not adopted the budget, attach the most current draft budget. PUBLIC ENTITIES LAW COMPLIANCE 4. Attach a copy of the disclosure from your hauler(s), or a copy of the relevant portion of any contracts with haulers, that specifies the facility at which waste collected from municipal facilities is deposited. Minn. Stat. § 115A.9302 requires haulers to disclose this information to customers annually. RESOLUTION 09 -11 -284 5. Attach a resolution from your governing body requesting the SCORE funding allocation, or a certified copy of the official proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment. William J. Priefer NAME OF PERSON AUTHORIZED TO SUBMIT GRANT SIGNATURE (electronic signature is acceptable) Recycling Coordinator TITLE November 9, 2009 DATE Applications will be considered complete when items 1 - 5 above are submitted and a signature is on file. Please return the completed grant application form by DECEMBER 1, 2009. SCORE Program November 23, 2009 City Council Meeting Minutes m Saint Paul — Ramsey County Department of Public Health Environmental Health Section 2785 White Bear Avenue N., Suite 350 Maplewood, MN 55109 -1320 Seconded by Councilmember Rossbach. Ayes — All The motion passed. 11. Resolution In Support Of The Community Access Preservation Act — Councilmember Nephew Councilmember Nephew moved to approve the resolution in support of the community access Preservation act. RESOLUTION 09 -11 -295 IN SUPPORT OF H.R. 3745, THE COMMUNITY ACCESS PRESERVATION ACT WHEREAS, public, educational and government (PEG) channels play a significant role in Maplewood; and WHEREAS, PEG channels are a unique and valuable resource for local information and discourse for the residents of Maplewood; and WHEREAS, PEG channels televise local government meetings, including city council, city advisory boards and commissions, county board and school board meetings, so that citizens are informed about the actions taken by local elected officials; and WHEREAS, PEG channels contribute to the democratic process by providing opportunities for candidates and others, such as the League of Women Voters, to discuss local issues during election campaigns; and WHEREAS, PEG channels provide a window through which residents can view the diversity of cultures, recreational activities and artistic endeavors in their local community; and WHEREAS, PEG channels reflect the unique identity of the communities they serve; and WHEREAS, it is important to preserve PEG channels and funding for PEG channels, and to ensure that the channels continue to be available to the entire community to serve the residents of Maplewood; and WHEREAS, HR 3745, the Community Access Preservation Act, addresses critical and immediate threats to PEG. NOW THEREFORE BE IT RESOLVED: The City Council of the City of Maplewood supports immediate passage of HR 3745; and The City Council of the City of Maplewood calls on our Congressional delegation to take all possible actions in support of the passage of HR 3745, including but not limited to endorsing, co- sponsoring and voting for HR 3745, and to work for its rapid passage. Passed and adopted this 23rd day of November, 2009. November 23, 2009 15 City Council Meeting Minutes Mayor: Attest: City Clerk Seconded by Councilmember Rossbach. Ayes — All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART 11 P. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:20 p.m. November 23, 2009 16 City Council Meeting Minutes ,-{ t0 Ln O N" 0 h 6 tD M O a� 00 00 h .-i Ln M N 'T h O m m G ,-a ri 00 c r+ 00 O .-t m m N m m m m N m Go Ln .-i Eta .O m U') N N zt m d LO ' M N N M to 00 N C L4 N M m M Ln M t0 Ln O N N h m h t0 O. m . i d" O N m m to tD O m :Ln N Ln N N m w v N o6 01 h h CV ri: Ln oo r4 Lf) Lfi 6 Q) p N I1r IH M N V N M m d' m N N N U h N m O O N to N Ln 0 m m O O m m N Ln ++ � t0 'd° Lfl Ln C0 O h O O O M tl'! O m t0 m In M Lf) N Lf) Lr1 C6 Lf). M N 'F N oa Lf) CT +-i Lf) r. r� C� q 00 h N to h 00 O CT kD O m m O ri tD h N w O O Ln r T N o0 m V m M m O m m O m r� M m 1-1 1 - 1 U') a) O Ln - *4 Ln, N. 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D v c ro v J v L c_ c 0 10 .w u m' v 0 1- O O fu � p 'C Q O O (v 0 0 ro G b m CL L. zc> >t>o` (2 LL. mci m2:;.J - VS i�:5Suo laMINE • 1; 111 ON i Dear Mayor Longrie and Council members, I apologize for not being able to attend tonight's meeting, but wanted to make sure that the views of the Maplewood members of the Saint Paul Area Chamber of Commerce were represented as you discuss proposed changes to the sign ordinance. First, let me thank you for undertaking a public involvement process that included outreach to the business community. Our members in Maplewood are partners in the community and appreciate the way city staff reached out to solicit their input. We remain concerned about some of the provisions in this ordinance. Some examples include the decrease in allowable commercial window signage, decrease in size and number of temporary portable signs on a business property, and the change in temporary banner regulations. We certainly appreciate the city's interest in ensuring that the city retains a livable feel, but ask that you keep in mind that these kind of changes could be harmful to many small businesses relying on visual dvertising to attract customers. Thank you for the opportunity to weigh in on this. Sincerely, For The Permanent Meeting D. Agenda Itemm ti Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, IVIN 55101-2887 Tel 651-223-3000 Fax: 651-223-3002 Email: advisors@springsted.com www,springsted.com INCORPORATED C.L. KING & ASSOCIATES LOOP CAPITAL MARKETS, LLC KILDARE CAPITAL NW FINANCIAL GROUP, LLC UBS FINANCIAL SERVICES INC. 2.00% 2011-2014 $2,793,114.10 $318,865.07 2.4424% 2.50% 2015 3.00% 2016-2018 Rate $2,770,000 Yield 2.50% 2011 CITY OF MAPLEWOOD, MINNESOTA 2.50% 2012 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009B 2013 1.20% (BOOK ENTRY ONLY) 2014 1,50% AWARD: CRONIN & COMPANY, INC. 1.90% 2.75% 2016 WELLS FARGO ADVISORS 3.00% 2017 2.50% WACHOVIA BANK, N.A. 2018 2.80% SALE: November 23, 2009 Moody's Rating: Aa2 Interest Net Interest True Interest Bidder Rates Price Cost Rate CRONIN & COMPANY, INC. 2.50% 2011-2015 $2,834,114.80 $290,999.78 2.2110% WELLS FARGO ADVISORS 2.75% 2016 WACHOVIA BANK, N.A. 3.00% 2017-2018 M&I MARSHALL & ILSLEY BANK 2,00% 2011-2013 $2,818,714.85 $296,858.07 2.2596% UNITED BANKERS' BANK 2,50% 2014-2016 3.00% 2017 3.25% 2018 ROBERT W. BAIRD & COMPANY, 3.00% 2011-2018 $2,847,707.45 $310,092.55 2.3527% INCORPORATED C.L. KING & ASSOCIATES LOOP CAPITAL MARKETS, LLC KILDARE CAPITAL NW FINANCIAL GROUP, LLC UBS FINANCIAL SERVICES INC. 2.00% 2011-2014 $2,793,114.10 $318,865.07 2.4424% 2.50% 2015 3.00% 2016-2018 Rate Year Yield 2.50% 2011 0.65% 2.50% 2012 1.00% 2.50% 2013 1.20% 2.50% 2014 1,50% 2.50% 2015 1.90% 2.75% 2016 2.20% 3.00% 2017 2.50% 3,00% 2018 2.80% BBI: 4.35% Average Maturity: 4.667 Years Subsequent to bid opening, the issue size decreased from $2,770, 000 to $2,690, 000. A-1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: November 23, 2009 Pursuant to due call, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on November 23, 2009, at 7:00 P.M, for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $2,690,000 General Obligation Improvement Refunding Bonds, Series 2009B. The following members were present: and the following were absent: The City Clerk presented proposals on $2,690,000 General Obligation Improvement Refunding Bonds, Series 2009B, for which proposals were received, opened and tabulated by the City Clerk, or designee, this same day, in accordance with the resolution adopted by the City Council on October 26, 2009. The following proposals were received, opened and tabulated at 11:00 A.M., central time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or designee, on this same day: Bidder Interest Rate True Interest Cost (See attached Exhibit A) RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $2,690,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 2009B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Maplewood, Minnesota (the "City "), hereby determines and declares that it is necessary and expedient to provide moneys for a current refunding on February 1, 2010 (the "Call Date ") the City's outstanding $4,815,000 original principal amount of General Obligation Improvement Bonds, Series 2002A, dated August 1, 2002 (the "Prior Bonds "), which mature on and after February 1, 2011, in the aggregate principal amount of $2,720,000 (the "Refunded Bonds "), at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on July 18, 2002 (the "Prior Resolution "); and B. WHEREAS, the refunding of the Refunded Bonds on the Call Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and The Council then proceeded to consider and discuss the proposals, after which Member introduced the following resolution and moved its adoption: 2429406v1 C. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $2,690,000 General Obligation Improvement Refunding Bonds, Series 2009B, pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a current refunding of the Refunded Bonds; and D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book - entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal The proposal of Cronin & Company, Inc. (the "Purchaser "), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $2,752,263.90, 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 Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful bidders their good faith checks and Financial Surety Bonds. 2. Terms of Bonds (a) Original Issue Date; Denominations; Maturities The Bonds shall be dated December 1, 2009, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. 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: Year Amount 2011 $320,000 2012 335,000 2013 335,000 2014 335,000 2015 335,000 2016 340,000 2017 345,000 2018 345,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry 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: 24294060 2 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. 2429406v1 (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, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only S sue Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its 2429406v1 4 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 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings The Bonds shall provide funds for a current refunding of the Refunded Bonds (the "Refunding "). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2010, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2011 2.50% 2012 2.50 2013 2.50 2014 2.50 2015 2.50 2016 2.75 2017 3.00 2018 3.00 2429406v1 5. No Optional Redemption The Bonds shall not be subject to redemption and prepayment prior to their stated maturity dates. 6. Bond Registrar U.S. Bank National Association, St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 2429406v1 6 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R- $ GENERAL OBLIGATION REFUNDING IMPROVEMENT BOND, SERIES 2009B Interest Rate Maturity Date Date of Original Issue CUSIP February 1, December 1, 2009 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: 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, without option of prior payment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing August 1, 2010, 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 (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or 'Bondholder ") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as t1ds Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of 2429406v1 7 this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. No Optional Redemption The Bonds of this issue (the "Bonds ") are not subject to redemption and prepayment prior to their stated maturity date. Issuance; Purpose; General Obli ag tion This Bond is one of an issue in the total principal amount of $2,690,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on November 23, 2009 (the "Resolution "), for the purpose of providing funds for a current refunding of the Issuer's General Obligation Improvement Bonds, Series 2002A, dated August 1, 2002 which mature on and after February 1, 2011. This Bond is payable out of the General Obligation Improvement Refunding Bonds, Series 2009B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 2429406v1 R Authentication This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligations The Bonds have been designated by the Issuer as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Charter of the Issuer to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, statutory or charter 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 BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. Bank National Association St. Paul, Minnesota, Bond Registrar IC Authorized Signature Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk 2429406v1 9 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.) 2429406v1 10 8. Execution The Bonds shall be in typewritten form, 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, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of December 1, 2009. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2429406v1 11 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator-Clerk- Treasurer is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery, Application of Proceeds The Bonds when so prepared and executed shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Improvement Refunding Bonds, Series 2009B Fund" 2429406v1 12 (the "Fund ") to be administered and maintained by the Finance and Administration Manager as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall have been fully paid. There shall be maintained and created in the fund the 'Payment Account" and a "Debt Service Account." (a) Payment Account The proceeds of the Bonds, less accrued interest shall be deposited in the Payment Account. On or prior to the Call Date, the Finance and Administration Manager shall transfer $2,720,000 of the proceeds of the Bonds from the Payment Account to the paying agent for the Prior Bonds. The sums are sufficient, together with other funds on deposit in the debt service fund for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds after the Call Date, including the principal of the Refunded Bonds called for redemption on the Call Date. The remainder of the monies in the Payment Account shall be used to pay the costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Debt Service Account. (b) Debt Service Account To the Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (1) accrued interest; (2) any balance remaining after the Call Date, in the Prior Bonds Debt Service Account created by the Prior Resolution; (3) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the payment of the Bonds; (4) all investment earnings on funds in the Debt Service Account; (5) any taxes herein or hereafter levied for the payment of the Bonds; (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the 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 The City has heretofore levied special assessments pursuant to the Prior Resolution, which have been pledged to the payment of the principal and interest on the 2429406v1 13 Prior Bonds. All uncollected special assessments are now pledged to the payment of principal of and interest on the Bonds. The balance of the special 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 installments as follows: Improvement Designation Uncollected Amount Collection Years 2002 Improvements $363,506.82 2010-2017 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: Levy Years Collection Years Amount (See attached Exhibit B) The tax levies are such that if collected in full they, together with estimated collections of special assessments herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. The taxes levied by the Prior Resolution in the years 2010 to 2016 shall be canceled. 18. General Obligation Pledge For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Prior Bonds; Security and Prepayment Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit C which terms and conditions are hereby approved and incorporated herein by reference. 20. Supplemental Resolution The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 21. Certificate of Registration The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate 2429406v1 14 that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 22. 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. 23. Continuing Disclosure The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rule Making Board (the "MSRB ") by filing at www.emma.msrb.org in accordance with the Undertaking, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to the MSRB notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk or any other officer of the City authorized to act in their place are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Mayor and Clerk. 24. Negative Covenant as to Use of Bond Proceeds and Project The City hereby covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the Prior Bonds (the "Project "), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 2429406v1 15 25. Tax - Exempt Status of the Bonds; Rebate The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety -five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. Furthermore: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (f) the aggregate face amount of the Bonds does not exceed $5,000,000; (g) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Bonds does not exceed the average maturity of the Refunded Bonds; and (i) no part of the Bonds has a maturity date which is later than the date which is thirty years after the dates the Refunded Bonds were issued. 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: 2429406v1 16 (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2009 will not exceed $30,000,000; (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2009 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $30,000,000. Furthermore: (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b)(3) of the Code; (h) the aggregate face amount of the Bonds does not exceed $30,000,000; (i) the average maturity of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; 0) no part of the Bonds has a maturity date which is later than the date which is thirty years after the date the Refunded Bonds were issued; and (k) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the $30,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Defeasance When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by 2429406v1 17 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. 28. Severabilily 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. 29. Headings Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 2429406v1 18 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $2,690,000 General Obligation Improvement Refunding Bonds, Series 11' C WITNESS my hand on November 23, 2009. Clerk 2429406v1 EXHIBIT B $2,690,000 City of Maplewood, Minnesota General Obligation Improvement Refunding Bonds, Series 2009B Current Refunding of Series 2002A Post -Sale Tax Levies Payment Date Principal Coupon Interest Total P +I 105% Overlevy Assessments Levy Amount Levy /Collect Year 0210112011 320,000.00 2.500% 83,475.00 403,475.00 423,648.75 56,185.47 367,463.28 2009/2010 02/01/2012 335,000.00 2.500% 63,550.00 398,550.00 418,477.50 56,185.47 362,292.03 2010/2011 02101/2013 335,000.00 2.500% 55,175.00 390,175.00 409,683.75 56,185.47 353,498.28 2011/2012 02/01/2014 335,000.00 2.500% 46,800.00 381,800.00 400,890.00 56,185.47 344,704.53 2012/2013 02/01/2015 335,000.00 2.500% 38,425.00 373,425.00 392,096.25 56,185.47 335,910.78 2013/2014 02/01/2016 340,000.00 2.750% 30,050.00 370,050.00 388,552.50 53,705.44 334,847.06 2014/2015 02/01/2017 345,000.00 3.000% 20,700.00 365,700.00 383,985.00 20,129.36 363,855.64 2015/2016 02/01/2018 345,000.00 3.000% 10,350.00 355,350.00 373,117.50 8,744.67 364,372.83 2016/2017 Total $2,690,000.00 - $348,525.00 $3,038,525.00 $3,190,451.25 $363,506.82 $2,826,944.43 Series 2009E Ref 02A POST SINGLE PURPOSE 1 1112312009 12:17 PM Springsted 2429406v 1 B- I EXHIBIT C NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2002A CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Maplewood, Ramsey County, Minnesota, there have been called for redemption and prepayment on February 1, 2010 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 2002A, dated as of August 1, 2002, subject to mandatory redemption or having stated maturity dates in the years 2011 through 2018, inclusive, and totaling $2,720,000 in principal amount and having CUSIP numbers listed below: Year CUSIP 2011 565557 BJ3 2012 565557 BKO 2013 565557 BL8 2014 565557 BM6 2015 565557 BN4 2016 565557 BP9 2017 565557 BQ7 2018 565557 BR5 The bonds are being called at a price of par plus accrued interest to February 1, 2010, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107 on or before February 1, 2010. Dated: November 23, 2009 BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile, Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience of the holders. 2429406x1 C -1