HomeMy WebLinkAbout06-11-2012 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,June 11,2012
Council Chambers, City Hall
Meeting No.10-12
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at7:03p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Robert Cardinal, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Marvin Koppen, CouncilmemberPresent
James Llanas, CouncilmemberPresent
D.APPROVAL OF AGENDA
M1.Fish Creek
M2.Good Samaritan
M3.Parking
M4.Comcast
M5.Thursday Ground Breaking
M6.Moody Rating
CouncilmemberLlanas moved to approve the agenda as amended.
Seconded by Councilmember KoppenAyes–All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of May 7, 2012 City Council Workshop Minutes
Councilmember Juenemannmoved to approve theMay 7, 2012City Council WorkshopMinutes
as submitted.
Seconded by Councilmember LlanasAyes–All
The motion passed.
2.Approval of May 14, 2012City Council WorkshopMinutes
Councilmember Juenemannmoved to approve theMay 14, 2012City Council WorkshopMinutes
as submitted.
Seconded by Councilmember KoppenAyes–All
The motion passed.
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3.Approval ofMay 14, 2012 City Council MeetingMinutes
Change minutes item D M2 to Tree City USA.
CouncilmemberLlanasmoved to approve the May 14, 2012City Council MeetingMinutes as
amended.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Commission Appointments
Councilmember Juenemannmoved to approve the Resolutionto Appoint Candidates to the
Commissionasindicated.
RESOLUTION 12-6-741
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:
Human Rights Commission
-Julie Xiong, term expires May 1, 2015
-Nate Danielson, term expires May 1, 2014
Planning Commission
Stephen Wensman, term expires December 31, 2012
Seconded by Councilmember CardinalAyes–All
The motion passed.
G.CONSENT AGENDA
Councilmember Llanas requested that agenda item G2 be highlighted. Councilmember Cardinal
requested that agenda item G14 be pulled for further discussion.Councilmember Juenemann
requested agenda items G11 and G18 be highlighted.
Mayor Rossbach moved to approve agenda itemsG1-G13 and G15-G18.
Seconded by Councilmember KoppenAyes–All
The motion passed.
1.Approval of Claims
Mayor Rossbach moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 124,532.61 Checks # 87052 thru # 87094
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dated 5/9/12 thru 5/15/12
$ 256,795.08 Disbursements via debits to checking account
dated 5/7/12 thru 5/11/12
$ 169,993.26 Checks # 87095 thru # 87130
dated 5/22/12
$ 340,969.06 Disbursements via debits to checking account
dated 5/14/12 thru 5/18/12
$ 268,080.78 Checks # 87131 thru # 87171
dated 5/23/12 thru 5/29/12
$ 205,932.71 Disbursements via debits to checking account
dated 5/21/12 thru 5/25/12
$ 84,183.42 Checks # 87173 thru # 87202
dated 5/29/12 thru 6/5/12
$ 385,087.98 Disbursements via debits to checking account
dated 5/29/12 thru 6/1/12
$ 1,835,574.90 Total Accounts Payable
PAYROLL
$ 493,126.60 Payroll Checks and Direct Deposits dated 5/11/12
$ 2,265.89 Payroll Deduction check # 9986835 thru # 9986839
dated 5/11/12
$ 502,673.82 Payroll Checks and Direct Deposits dated 5/25/12
$ 2,200.89 Payroll Deduction check # 9986862 thru # 9986865
dated 5/25/12
$ 1,000,267.20 Total Payroll
Seconded by Councilmember KoppenAyes–All
The motion passed.
2.Approval of Agreement for Use of Harvest Park for the 2012 Susan G. Komen Twin
Cities 3-Day Event
City Clerk Guilfoile presented that staff report.
Mayor Rossbachmoved toapprove the Susan G. Komen Race for the Cure Event Agreement.
Seconded by Councilmember KoppenAyes–All
The motion passed.
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3.Approval of Temporary Gambling Permit for White Bear Avenue Business
Association
Mayor Rossbach moved toapprove the Resolutionfor a Temporary Gambling Permit for White
Bear Avenue Business Associationto be used at the Ramsey County Fair.
RESOLUTION12-6-742
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for White Bear Avenue Business Association to
be used at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood,MN from July 11
through July 15, 2012.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood,Minnesota, be forwarded to the Gambling Control Division for their approval.
Seconded by Councilmember KoppenAyes–All
The motion passed.
4.Approval of Storm Water Facilities Maintenance Agreement Between J&R
Maplewood LLC and the City of Maplewood, LaMettry’s Collision Building, City
Project 11-21
Mayor Rossbach moved toapprovetheStorm Water Facilities Maintenance Agreement Between
J&R Maplewood LLC and the City of Maplewood, LaMettry’s Collision Building, City Project 11-21.
Seconded by Councilmember KoppenAyes–All
The motion passed.
5.Approval of Storm Water Facilities Maintenance Agreement Between Maplewood
2007 LLC and the City of Maplewood, Maplewood Town Center, City Project 12-02
Mayor Rossbach moved toapprove the Storm Water Facilities Maintenance Agreement Between
Maplewood 2007 LLC and the City of Maplewood, Maplewood Town Center, City Project 12-02.
Seconded by Councilmember KoppenAyes–All
The motion passed.
6.Approval of Storm Water Facilities Maintenance Agreement Between Kennard
Professional Building East LLC and the City of Maplewood, Kennard East
Professional Building (VA Medical Center), City Project 11-27
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Mayor Rossbach moved toapprove theStorm Water Facilities Maintenance Agreement Between
Kennard Professional BuildingEast LLC and the City of Maplewood, Kennard East Professional
Building (VA Medical Center), City Project 11-27.
Seconded by Councilmember KoppenAyes–All
The motion passed.
7.Approval to Maintain Statutory Tort Liability Limits
Mayor Rossbachmoved toapprove keeping the election in place to not waive the monetary limits
on municipal tort liability established by Minnesota Statute 466.04.
Seconded by Councilmember KoppenAyes–All
The motion passed.
8.Approval of Resolution Authorizing Purchase of Insurance Agent Services
Mayor Rossbachmoved toapprove the Resolution to retain Arthur J. Gallagher and Company as
insurance agent for the City of Maplewood at a cost of $12,000.
RESOLUTION 12-6-743
BE IT RESOLVED THAT Arthur J. Gallagher and Company bere-appointed as the broker
of record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2012 and
continuing through June 30, 2013.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Koppenand upon vote being taken thereon, the following voted in favorand the following voted
against the same:
Whereupon said resolution was declared duly passed and adopted.
Seconded by Councilmember KoppenAyes–All
The motion passed.
9.Approval of Maplewood Community Center Budget Adjustments for 2012
Mayor Rossbach moved toapprove the 2012 Budget Adjustments for the Maplewood Community
Center.
Seconded by Councilmember KoppenAyes–All
The motion passed.
10.Approval of US Bank as a Discretionary Investment Manager and Custodian
Mayor Rossbach moved toapprove the Agreement using US Bank as a Discretionary Investment
Manager and Custodian for the City’s investment portfolio.
Seconded by Councilmember KoppenAyes–All
The motion passed.
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11.Approval of Purchasing Policies and Procedures
Finance Manager Bauman presented the staff report.
Mayor Rossbach moved toapprove thePurchasing Policies and Procedures.
Seconded by CouncilmemberKoppenAyes–All
The motion passed.
12.Approval of Purchase forWater Proofing, Exterior Caulking and Crack Repair at Public
Works / City Hall
Mayor Rossbach moved toapprove the Expenditures of $9,795 for Building Repairs and
Maintenance using Western Waterproofing Company as the Contractor.
Seconded by Councilmember KoppenAyes–All
The motion passed.
13.Approval of Purchase for Repairing Entryway Roofs at Maplewood Community Center
Mayor Rossbachmoved toapprove the Expenditures of $10,350 to Repair the Roofs of the Four
Entry Ways at the Maplewood Community Center using Ettel & Franz.
Seconded by Councilmember KoppenAyes–All
The motion passed.
14.Approval of an Agreement with Trane to Perform a Facility Audit (Engineering Study)
of the Maplewood Community Center
Chief Building Engineer Farr presented the staff report and answered questions of the council.
Councilmember Cardinalmoved toapprove the Agreement with Trane to Perform the Facility Audit
for the Maplewood Community Center with Expenditures up to$40,000.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
15.Approval to Authorize Contract to Resurface the Tennis Courts at Playcrest and
Harvest Parks
Mayor Rossbachmoved toapprove the Expenditures of $45,414.00 for Tennis Court Doctor to
Resurface the Tennis Courts at Playcrest and Harvest.
Seconded by CouncilmemberKoppenAyes–All
The motion passed.
16.Approval of Services Agreement between the City of Maplewood and Kokoro
Volleyball for Usage of Carver Community Gym
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Mayor Rossbachmoved toapprove the Services Agreement Between the City of Maplewood and
Kokoro Vollyball for Usage of Carver Community Gym.
Seconded by Councilmember KoppenAyes–All
The motion passed.
17.Approval of Social Media Contract with Gannett Local
Mayor Rossbachmoved toapprove the Expenditures of $9,996.00 for Gannett Local to Provide
Social Media Marketing Services.
Seconded by Councilmember KoppenAyes–All
The motion passed.
18.Approval of Agreement with Pyrotechnic Display, Inc. for July 4th Fireworks
City Clerk Guilfoile presented the staff report.
Mayor Rossbach moved toapprove the Expenditures of $15,000 for Pyrotechnic Display to
th
Provide Fireworks Display at the Taste of Maplewood July 4Celebration at Hazelwood Park.
Seconded by Councilmember KoppenAyes–All
The motion passed.
H.PUBLICHEARING
1.Approval of Solid Waste Management Ordinance and Standards –Second Reading
Environmental Planner Finwall presented the staff report and answered questions of the council.
Mayor Rossbach opened the public hearing. No one spoke.
Mayor Rossbachclosed the public hearing.
Councilmember Llanasmoved toapprove the Second Reading of theSolid Waste Management
Ordinance and Standards.
ORDINANCE 921
An Ordinance Amending Section 30(Solid Waste Management)
The Maplewood city council approves thefollowing changes to the Maplewood Code of
Ordinances:
This ordinance deletes the Solid Waste Management Ordinance (Chapter 30) which deals
with the management of solid waste in the City of Maplewood in its entirety (except Section
30-7 as noted hereafter) and replaces it with a new ordinance. This ordinance moves
Section 30-7 of the existing Solid Waste Management Ordinance dealing with portable on-
demand storage units to Chapter 18 (Environment) of the City Code.
Section 1. This section moves portions of the Solid Waste Management Ordinance dealing
with portable on-demand storage units from Chapter 30, Section 7(h) to Chapter 18
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(Environment), Article II (Nuisances), Section 18-33 (Nuisances Affecting Peace and Safety)
at subsection (25).
(25) No property owner or person shall store on a residential property a portable on-
demand storage unit (POD) more than 60 days in any 12-month period starting with the
day/date the POD is first moved on site. All PODs must be stored on an impervious surface
on the property. The city may grant a time extension of an additional 60 days provided the
property owner gets a tracking permit for the POD from the city. In no case shall a POD be
stored on a property more than 120 days in any 12-month period. This provision applies to
all residential properties including townhouses, condominiums, and multi-family complexes.
PODs stored on residential properties in conjunction with a building permit or home
improvement project are exempt from this provision, except for the requirement to keep the
POD on an impervious surface. In such a case, the property owner shall make every effort
to adhere to the 120-day-maximum time limit.
Section 2. This section creates a new Solid Waste Management Ordinance (Chapter 30).
Chapter 30
SOLID WASTE MANAGEMENT*
Article I -In General (Residential, Multiple-Family, Commercial)
Sec. 30-1Purpose.
Sec. 30-2Definitions.
Sec. 30-3Source separation required.
Sec. 30-4City recycling program generally.
Sec. 30-5Collection anddisposal generally.
Sec. 30-6Collection requirements generally.
Sec. 30-7Hours of collection.
Sec. 30-8Unauthorized collections.
Sec. 30-9Disposal required.
Sec. 30-10Unlawful disposal; location of containers for collection; disposal of flammable or
explosive materials.
Sec. 30-11Manner of transporting materials.
Sec. 30-12Obstruction, delay or interference with contractor.
Sec. 30-13Penalty for violation of ordinance.
Secs. 30-14–30-20Reserved.
Article II -Recycling Requirements (Residential, Multiple-Family, Commercial)
Sec. 30-21Collection and processing of residential recyclables.
Sec. 30-22Collection and processing of multiple-family recyclables.
Sec. 30-23Collection and composting or disposal of yard waste.
Sec. 30-24Collection of source-separated organic materials. (Reserved)
Secs. 30-25–30-40Reserved.
Article III -Solid Waste Requirements (Residential)
Sec. 30-41Collection and disposal of residential garbage by city-contracted hauler.
Sec. 30-42Requirements to dispose of residential appliances, bulky waste and large items.
Sec. 30-43Collection and disposal of garbage for multiple-family properties without curbside
collection.
Sec. 30-44Requirements to dispose of multiple-family bulky waste and other large items.
Sec. 30-45Delinquent accounts.
Secs. 30-46–30-50Reserved.
Article IV -Solid Waste Requirements (Multiple Family and Commercial)
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Sec. 30-51Collection and disposal of commercial garbage.
Sec.30-52Manufactured Homes, Townhomes May Opt In
Secs. 30-53–3 0-59Reserved.
Article V -Collection Licenses (Residential, Multiple-Family, and Commercial)
Sec. 30-60Collection licenses required.
Sec. 30-61Application; fee; duration.
Sec. 30-62Insurance.
Sec. 30-63Vehicle requirements.
Sec. 30-64Pickup schedules.
Sec. 30-65Duty of licensees to report accumulations of garbage.
Sec. 30-66Prohibited mailings.
Sec. 30-67Suspension or revocation.
Sec. 30-68Volume-based rates.
Secs. 30-69–30-75 Reserved.
Article VI -Disposal Sites (Generally)
Sec. 30-76Unlawful deposit of garbage and other substances.
Secs. 30-77–30-105Reserved.
Statutory Authority:
*Authority for city council to provide for or regulate the disposal of garbage
and other solid waste, Minn. Stats. § 412.221, subd. 22.
SOLID WASTE MANAGEMENT§ 30
Article I -In General (Residential, Multiple-Family, Commercial)
Sec. 30-1-Purpose.
The city’s goal is to improve solid waste management and to serve the following purposes:
(a)Achieve a reduction in waste generated.
(b)Encourage the separation and recovery of materials and energy from waste.
(c)Ensure the protection of public health and safety and promote city cleanliness and livability.
(d)Promote best management practices in solid waste management to protect air quality, water
quality, and natural resources.
(e)Be consistent with the requirements of the State statutes, State rules and Ramsey County
ordinances, and with State and Ramsey County solid waste plans.
(f)Provide high quality solid waste and recycling services in the most cost-effective manner
possible.
(g)Coordinate solid waste management among political subdivisions.
The city has authority to enact ordinances for these purposes under Minnesota Statutes, section
412.221, subdivision 22, which requires the city council to provide for or regulate the disposal of
garbage and other solid waste. (The city has enacted standards for the implementation of these
ordinances as specific requirements for the storage, collection and transportation of solid waste.)
Sec. 30-2-Definitions.
The following words, terms and phrases, when used in this ordinance, shall have the meanings
ascribed to them in this ordinance, except where the context clearly indicates a different meaning:
Additional/overflow garbagemeans garbage in excess of the capacity of the city-provided
garbage cart with the lid in the fully closed position.
Appliancesinclude washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers,
humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large household
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items that require electricity and/or special processing under Minnesota laws, but do not include
“electronic waste.”
Bulky wastemeans all large, bulky household materials which are too large for one person to pick
up and/or do not fit within the city-provided garbage cart, and include (but are not limited to)
carpeting and padding, mattresses, chairs, couches, tables, appliances and car parts including
wheels, rims and tires.
City-contracted garbage hauleris the company that the city contracts with in accordance with
Minnesota Statutes, section 115A.94 to provide residential garbage collection and disposal
services in the city. The city-contracted garbage hauler is the sole garbage hauler for single family
residential properties in the city, and for other properties that the city has allowed to opt-in to the
city-contracted garbage hauler service.
City-contracted recyclables haulermeans the hauler(s) contracted by the city to provide
collection of designated recyclables in the city for single and multiple family residential properties
in the city.
City-provided garbage cartsare the wheeled containers for residential garbage in the city that
are owned by the city and provided to garbage customers for their use; the containers are of
various sizes and ownership is retained by the city.
Collectionmeans the aggregation and transportation of solid waste from the place at which it is
generated and includes all activities up to the time when it is delivered to a designated disposal
facility.
Collection serviceis the process of collection and transportation of garbage, yard waste,
recyclables, bulky waste and/or source-separated organic materials by a licensed hauler.
Commercial propertymeans properties in the city that are classified generally as commercial or
business in the City zoning code which generates garbage and recyclables and are typically
serviced by a dumpster form of garbage container.
Composting has the meaning set forth in Minnesota Statutes, section 115A.03, and means the
controlled microbial degradation of organic waste to yield a humus-like product.
Contractor’s garbage billis the Contractor’s bill for services, from either the city-contracted
garbage hauler or a commercial hauler, which is directly submitted to customers.
Construction debrismeans building materials, packaging, and rubble resulting from construction,
remodeling, repair, and demolition of buildings, roads or other facilities.
Day-certain collectionis a city-approved plan for weekly collection services by an established
day-certain schedule which requires garbage, yard waste, recyclables, and source-separated
compostable materials collections on the same day of the week, and which is based on a five (5)
day work week (Monday through Friday).
Designated recyclablesshall mean those materials designated as recyclables in the city
recycling program in the City of Maplewood Solid Waste Management Standards
Dumpster has the commonly used meaning in the solid waste industry of a commercial garbage
container made of metal or durable plastic with a lid that can be serviced by a front-end loading
automated or rear-loading semi-automated garbage truck.
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Electronic waste (electronic items)has the meaning set forth in Minnesota Statutes, section
115A.1310, subdivision 7 as “covered electronic device” and includes items such as television and
computer monitors, computers, computer peripheral devices, fax machines, DVD players, video
cassette recorders, other video display devices, cell phones and other small appliances with an
electric cord.
Every other week collection garbage servicemeans garbage collection on the same day of the
week as day-certain service but on specified every other week dates. Residents must apply to the
city to receive approval for this every other week service.
Food waste means residential food waste and includes meal preparation and left over food scraps
from households intentionally separated at the source by residents for the purpose of backyard
composting or separate collection for centralized recovery.
Garbage has the meaning set forth in Minnesota Statues, section 115A.03, subdivision 21, mixed
municipal solid waste, and means solid waste from residential, commercial, industrial, and
community activities that the generator of the waste aggregates for collection, but does not include
auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural
waste, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected,
processed, and disposed of as separate waste streams.
Household garbage means garbage from residential properties.
Household hazardous wastehas the meaning set forth in Minnesota Statutes, section 115A.96,
subdivision 1, paragraph (b), and/or Minnesota Pollution Control Agency regulations and means
waste generated from household activities that exhibits the characteristics of or that is listed as
hazardous waste under agency rules, but does not include waste from commercial activities that is
generated, stored, or present in a household and includes items such as paint, fluorescent light
bulbs, mercury thermometers, cleaning fluids, herbicides, pesticides, fertilizers and other waste as
defined in Minnesota statutes or regulations in that paragraph.
Load sensitive streets are those streets identified by the Public Works Director of the City of
Maplewood as being at risk of accelerated deterioration due to excessive or high axle weight
loads.
Manufactured homemeans a dwelling unit that is consistent with Section 44-6 of the Maplewood
Zoning Code.
Mixed municipal solid wastehas the meaning set forth in Minnesota Statutes, section 115A.03,
subdivision 21, and includes garbage, refuse and other solid waste from residential, commercial,
industrial, and community activities that the generator of the garbage aggregates for collection, but
does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural waste
and other materials collected, processed and disposed of as separate waste streams.
Multiple-family dwelling or unit for purposes of this ordinance meansa building or a portion
thereof containing five (5) or more residential dwelling units.
Residentmeans the person(s) living in a residential dwelling unit.
Residential dwelling unitis a separate dwelling place with a kitchen in buildings with up to four
(4) units per structure.
Residential propertymeans a property containing between one (1) and up to four (4) units per
structure.
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Self–haulis the city-approved method for a resident to contain and transport garbage from their
own household to a licensed/permitted mixed municipal solid waste facility. Self-haul requires the
specific approval of the city.
Single-family dwelling unitmeans a building, including a manufacturedhome, containing up to
four (4) residential units whose occupants and owner are required to participate in the city-
contracted garbage service unless exempted by the city.
Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, subdivision 22(1)(9),
but is further defined for purposes of this ordinance to include garbage, recyclables, appliances,
bulky waste, yard waste, and household hazardous waste.
Source-separated compostable materialshas the meaning set forth in Minnesota Statutes,
section 115A.03, subdivision 32(a) and means materials that: (1) are separated at the source by
waste generators for the purpose of preparing them for use as compost; (2) are collected
separately from mixed municipal solid waste; and (3) are comprised of food waste, fish and animal
waste, plant materials, diapers, sanitary products, and paper that is not recyclable.
Townhousemeans a residence for one family that is attached either horizontally or vertically to at
least two other residences as defined in Section 44-6 of the Maplewood Zoning Code, each with a
private outside entrance.
Vectors of diseaseare animals including, but not limited, to insects, mice, rats, squirrels, crows,
flies and other vermin that are capable of carrying, transmitting and/or infecting humans with
disease.
Walk-upservicemeans special garbage or recycling service that is provided from the side of the
house or garage, for which the contractor walks the cart or recycling container to and from the side
of the house or garage and the collection vehicle, and which is applied for on a case by case
basis.
Yard wastemeans garden waste, leaves, lawn cuttings, weeds, prunings, shrub and small tree
branches as defined by the City of Maplewood Solid Waste Standards, generated at residential or
commercial properties.
Sec. 30-3–Source Separation Required
All residents and commercial property shall separate all designated recyclables, and other items
designated by City of Maplewood Solid Waste Management Standards, from garbage. These
source separated items shall be collected for separate recycling, processing or treatment.
Sec. 30-4-City Recycling Program Generally
The city has established and developed, or encouraged, recycling programs throughout the city,
including residential, multiple-family and commercial programs. The city’s goal is to promote solid
waste reduction and recycling through education and incentives.
Sec. 30-5-Collection and Disposal Generally
(a)All garbage, recyclables, yard waste, source-separated compostable materials and other waste
material accumulated in the city shall be collected and conveyed under the supervision of the
city manager. The city manager or their designee shall have the authority to develop Solid
Waste Management Standards concerning days of collection, type and location of waste
containers and other matters as they deem necessary to provide for the safe, orderly and cost-
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efficient preparation, storage, collection and disposal of all waste materials covered in this
ordinance. These standards shall not be contrary to this ordinance.
(b)Except on days of collection when garbage may be put on the curb for collection in residential
areas, every person as a householder, occupant or owner of any dwelling, boardinghouse,
apartment building or any other structure utilized for dwelling purposes and any restaurant,
firm, corporation or establishment that accumulates garbage in the city shall provide and use
one or more fly tight, watertight, rodent proof garbage containers that is removed from the
public right of way until lawful collection and disposal is made.
(c)Fees for hauling garbage, yard waste, and bulky waste under this ordinance shall be paid
directly to the garbage hauler by the owner, agent, occupant or tenant of the premises at which
the garbage is collected, and such fees shall be paid in full.
(d)The city has the authority to charge residents for recycling programs and services and such
fees shall be paid in full.
Sec. 30-6-Collection Requirements Generally
It shall be the duty of every garbage hauler, contractor, subcontractor, and person, including their
agents and employees, who has contracted or undertaken to remove any garbage, or any other
waste material or who is engaged in the removal, loading or unloading of any such substance in
the city to do such with dispatch, in a clean manner and with as little danger and prejudice to life
and health as possible.
Sec. 30-7-Hours of Collection
The collection of garbage for residential and multiple-family dwellings shall be in accordance with
the times outlined in the city’s contract for garbage collection, Monday through Saturday.
Collection of residential and multiple-family dwelling units’ recyclables shall be in accordance with
the times outlined in the city’s contract for recyclables collection, Monday through Saturday. The
collection of garbage and recyclables for commercial properties shall occur between the hours of 6
a.m. to 6 p.m. Collection outside these hours shall be grounds for suspension or revocation of a
hauler’s license to operate in the city.
Sec. 30-8-Unauthorized Collections
Any person who permits garbage to be picked up from their premises in the city by an
unauthorized or unlicensed collector under this ordinance shall be guilty of a violation of this
ordinance.
Sec. 30-9-Disposal Required
(a)Every person shall legally dispose of garbage that accumulates upon their property in the city
at least once a week or more often as directed by the city manager unless given special
permission as per Sections 30-41 (d) and (e). Every firm, corporation, occupant or owner of
any dwelling, boardinghouse, apartment building, manufactured home, or any other structure in
the city, including churches and halls, shall have garbage collected by haulers licensed by the
city andshall comply with this ordinance and with the dates of collection and requirements
therefore as established by the city manager.
(b)All garbage shall be disposed of in compliance with state law and county policies regarding
required processing of waste.
Sec. 30-10 -Unlawful Disposal; Location of Containers for Collection; Disposal of
Flammable or Explosive Materials
(a)No person, business or commercial property in the city shall place any garbage or any other
waste material in a street, alley or other public place or upon any private property, whether
owned by such person or not, except as provided by this ordinance.
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(b)No person shall throw or place any garbage in any stream, wetland or other body of water in
the city.
(c)No person in the city shall store, sweep or deposit any garbage, or any other waste in such a
manner that it may be carried by elements off their property.
(d)No person shall bury or burn any garbage, or any other waste in the city.
(e)Highly flammable or explosive materials shall not be placed in city-provided garbage carts for
regular collection, but shall be disposed of in accordance with state law and Minnesota
Pollution Control Agency regulations.
Sec. 30-11 -Manner of Transporting Materials
All persons engaged in the business of hauling recyclables or garbage and/or yard waste in the
city shall transport the materials in enclosed vehicles, carts, dumpsters, bins, or other secure
containers so as to prevent any loss of these materials and to prevent litter. Care shall be taken to
ensure no blowing or escape of garbage, litter, yard waste or liquids from truck operations occurs
during the collection and transportation of garbage, designated recyclables, bulky waste, yard
wastes or source-separated compostable materials
Sec. 30-12 -Obstruction, Delay or Interference with Contractor
(a)No person shall obstruct, delay or interfere with any contractor or person engaged in the city in
removing any offal, garbage, dirt, dead animals, sewage or other like substances or with the
proper performance of their contract.
(b)Scavenging of any waste or material is prohibited.
Sec. 30-13 -Penalty for Violation of Ordinance.
Any person violating any of the sections of this ordinance shall be guilty of a misdemeanor, and
upon conviction, shall be punished in accordance with Section 1-15. The city may also handle
violations of this ordinance through the administrative offenses procedures in Section 1-17.
Secs. 30-14 –Exceptions for Storm Clean-Up or Other Emergency Circumstances
The City Manager shall have the authority to grant temporary exceptions to the requirements in
this ordinance and in the standards for purposes of efficient solid waste management during storm
clean-up events or other emergency circumstances. Any such exceptions shall be immediately
executed in writing and shall have specific sunset dates specified.
Sections 30-15–30-20Reserved
Article II –Recycling Requirements (Residential, Multiple-Family, Commercial)
Sec. 30-21 -Collection and Processing of Residential Recyclables
(a)Designated recyclables from residential dwellings that are placed on the curb or alley for
collection must be in curbside recycling bins, carts, boxes or paper bags as prescribed by the
City of Maplewood Solid Waste Management Standards such that blowing of recyclables does
not occur, and recyclables remain as dry and clean as practicable.
(b)When designated recyclables are placed at the curb or alley line they are the sole property of
the city, and shall be removed only by the city-contracted recyclables collector.
(c)Only the city-contracted recyclables collector or their city-approved sub-contractor may collect
and process recyclables set out for recyclables collection at the curb or alley line.
Sec. 30-22 -Collection of Recyclables from Multiple-Family Dwellings
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The city requires all the owners and managers of multiple-family dwellings to provide recycling
services to all their residents.
(a)Collection Service Required. The owner of a multiple-family dwelling shall make available to
the occupants of all dwelling units on the premise services for the collection of designated
recyclables.
(b)Recycling Information Required. The owner of a multiple-family dwelling shall provide
recycling information to the occupants of each dwelling unit on the property consistent with the
City of Maplewood Solid Waste Management Standards.
(c)Responsibility for Providing and Maintaining Recycling Containers.
(1) If the owner of a multiple-family dwelling uses the city’s recycling contractor, then the
contractor shall provide and maintain adequate recycling containers for the needs of the
property and its occupants; or
(2)If the owner uses an independent recycling contractor, the owner shall assure adequate
recycling containers are provided and maintained by the independent contractor.
(d)Transportation and Disposal. Upon collection by the city-contracted recyclables hauler or the
owner’s independent hauler, that person shall deliver the designated recyclables to a
recyclable material processing center, an end market for sale or reuse, or to an intermediate
collection center for later delivery to a processing center or end market. It is unlawful for any
person to transport for disposal or to dispose of designated recyclables in a mixed municipal
solid waste disposal facility.
(e)Annual Report. Each owner or manager of a multiple-family dwelling that does not employ the
city’s recycling contractor shall file an annual report with the city by January 31 of each year on
a form detailed in the City of Maplewood Solid Waste Management Standards.
(f)Administrative Penalties. Violation of this ordinance shall be charged as an administrative fine
as follows: a fine of $200.00 for the first offense; a fine of $300.00 for the second offense at
the same location within a 12 month period; a fine of $500.00 for the third offense or additional
offenses within a 24 month period at the same location. The owner shall be notified in writing of
the violation and if the owner fails to take action within 15 days of receiving the notice of
violation, the owner shall be cited for violation in accordance with the fine schedule.
Sec. 30-23 -Collection and Composting or Disposal of Yard Waste
(a)Yard waste to be collected by the city’s contract garbage hauler shall be placed on the curb or
alley line for collection in carts or state approved compostable or paper bags subject to special
arrangements with the city-contracted garbage hauler.
(b)Home lawn, garden waste, and kitchen food scraps may be composted in small quantities on a
residential lot as long as the compost pile does not create a nuisance for neighbors due to
objectionable odor, vectors of disease, attraction of unwanted wildlife, or unsightliness.
Compost piles must be placed at least five (5) feet from rear-and side-yard property lines and
shall not be placed in a front yard. Residents must follow composting operation guidelines
referenced by City of Maplewood Solid Waste Management Standards.
(c)Yard waste not collected by the city-contracted garbage hauler, or not compostedby the
resident or shrubs, tree limbs, stumps and roots must be transported to a properly permitted
and licensed yard waste transfer, composting, or processing facility. The City of Maplewood
Solid Waste Management Standards may allow for exceptions if atree service provides for on-
site chipping to produce a suitable mulch product.
Sec 30-24-Collection of Source-Separated Compostable Materials
Sections 30-25–30-40Reserved
Article III -Solid Waste Requirements (Residential)
Sec. 30-41 -Collection and Disposal of Residential Garbage by City-Contracted Hauler
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(a)Occupants of residential properties shall store all garbage in city-provided garbage carts
between collections. On the designated day of collection in their area they may place the city-
provided garbage cart on the curb or alley line for collection by the city-contracted garbage
hauler.
(b)Instead of the requirement to place the city-provided garbage cart at the curb or alley line,
residents with physical challenges may apply to the city for walk-up service as provided by the
City of Maplewood Solid Waste Management Standards.
(c) Every person occupying a residential property shall utilize city-provided garbage carts for the
disposal of garbage. The carts are the property of the city,and shall be used solely for
disposal of garbage. Only city-provided garbage carts, or approved plastic garbage bags for
overflow garbage, in addition to the cart shall be used for the disposal of garbage.
(d)Persons who wish to self-haul their own garbage may apply to the city to do so. Permission
may be granted to self-haul if proof is submitted of an environmentally responsible means of
disposal that complies with state laws and regulations and county policies and in conformance
with the City of Maplewood Solid Waste Management Standards. Residents that are approved
by the city for self-haul must remove their garbage at least once per week. Self-haul can only
be accomplished with the specific approval of the city using an application form provided inthe
City of Maplewood Solid Waste Management Standards.
(e)Persons may apply to the city for less than weekly service on a form provided by City of
Maplewood Solid Waste Management Standards. Permission may be granted for less than
once per week garbageremoval provided that sufficient removal is accomplished to prevent
nuisance or unhealthful accumulations of garbage. Such permission will be withdrawn and
weekly garbage removal required, if nuisance or unhealthful conditions exist.
(f)Except on specified collection days as provided in Section 30-41(g) below, all city-provided
garbage carts shall be located behind the front line of the dwelling, in the garage or screened
from view from the street, and at least ten (10) feet from any abutting dwelling or sufficiently
distant so as not to be a nuisance to those properties, unless other provisions are allowed by
the city due to special site conditions.
(g)City–provided garbage carts and any additional bagged overflow garbage may be placed on
the alley line or curb line for collection no earlier than 5:00 p.m. on the day before collection.
City-provided garbage carts must be removed from the curb line no later than 6:00 a.m. on the
day after collection.
Sec. 30-42 -Requirements to Dispose of ResidentialAppliances and Bulky Waste
(a)Residents shall dispose of appliances or any other bulky waste such as furniture, mattresses
or large household or garage waste as specified by the City of Maplewood Solid Waste
Management Standards.
(b)Upon resident request, the city-contracted garbage hauler must collect and properly dispose of
appliances or other bulky waste in accordance with Sec. 30-62(e).
Sec. 30-43 -Collection and Disposal of Garbage for Multiple-Family Properties without
Curbside Collection
(a)The owner, operator or manager of any multiple-family property with more than four (4) units
that do not have curbside collection shall have dumpster or equivalent service from a
commercial hauler licensed to do business in the city. The dumpsters shall beof a minimum
capacity of one cubic yard, covered, and of a city-approved sanitary type with the proper
attachments for lifting onto garbage trucks.
(b)Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters
become full. Garbage shall be transported and disposed of in accordance with state laws and
rules and county policies regarding licensed disposal and processing.
Sec. 30-44 –Requirements to Dispose of Multiple-Family Bulky Waste
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The owner, operator or manager of any building containing more than four (4) dwelling units shall
provide on-site disposal of large or bulky waste for all occupants. Disposal of these items shall be
in compliance with all state laws and regulations and county policies.
Sec. 30-45 -Delinquent Accounts
(a)The city contracted garbage hauler is responsible for collection of all fees associated with the
collection and processing of garbage from residential properties. The city-contracted hauler
shall make good-faith efforts to collect all amounts due, including use of a collection agency.
All such efforts shall be documented.
(b)The St. Paul Regional Water Authority and adjacent cities, as applicable, are responsible for
the collection of all fees associated with the City of Maplewood recycling program. The St. Paul
Regional Water Authority or the appropriate cities shall make good-faith efforts to collect all
amounts due, including use of a collection agency.
(c)Delinquent accounts shall be defined as those residents who have not paid andare over three
(3) months past due.
(d)If the amount continues to be delinquent past the three (3) months from the account being
declared “past due” by the above entity, the City of Maplewood shall declare the amount
delinquent. The entity shall submit a written request to the City of Maplewood with adequate
documentation of the efforts made to collect the past due amounts. If the city determines that a
good faith effort was made and that adequate documentation was submitted, the city shall
place the amount on the property taxes associated with the property for which the amount is
due. The city shall follow all practices required by the state and city ordinance to assess the
delinquent amount to the property.
Sections 30-46–30-50Reserved
Article IV -Solid Waste Requirements (Multiple Family and Commercial)
Sec. 30-51 –Collection and Disposal of Commercial Garbage
(a)The owner, operator or manager of any firm or corporation shall have a dumpster or equivalent
service from a commercial hauler licensed to do business in the city. The dumpsters shall be
of a minimum capacity of one cubic yard, covered, and of a city-approved sanitary type with
the proper attachments for lifting onto garbage trucks.
(b)Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters
become full. Garbage shall be transported and disposed of in accordance with state laws and
rules and county policies regarding licensed disposal and processing.
Sec. 30-52 –Manufactured Homes, Townhouses May Opt-In
The owners of manufactured homes or manufactured home parks and of townhouses and
townhouse associations may opt-in to the city-contracted garbage hauling service, at their
application and with the city’s approval.
Sections 30–53 –30-59Reserved
Article V -Collection Licenses (Residential, Multiple-Family, and Commercial)
Sec. 30-60 -Collection Licenses Required
It shall be unlawful for any person to collect any garbage, designated recyclables, or other solid
waste in the city from any residential, multiple-family, or commercial property without having first
secured a license from the city to do so.
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Sec. 30-61 -Application; Fee; Duration
(a)Any person desiring a license to collect garbage, yard waste, recyclables, or other solid waste
in the city shall apply for a license to the city clerk by first submitting an application with the
name and address of the applicant.
(b)The application described in subsection (a) of this section shall be submitted to the city
manager. Upon finding that the applicant is responsible, has proper equipment for such
collection and that no nuisance is liable to be created by the granting of the license, the city
manager shall endorse and approve the application.
(c)Before any license may be issued, the applicant shall pay to the city clerk a license fee
imposed, set, established and fixed by the city council, by resolution, from time to time, which
fee shall accompany the application.
(d)No license issued under this article shall be for a longer periodthan one year, and all licenses
shall expire on December 31 of each year.
Sec. 30-62 –Licensee Operating Requirements
The applicant shall:
(a)Use tandem axles or flotation tires to reduce the per-axle weight of all trucks used for collection
of solidwaste.
(b)Provide maps of service routes configured so that customers on load-sensitive streets will be
among the first served on such routes to minimize damage to load-sensitive streets and alleys.
(c)Provide collection carts or dumpsters to customers upon their request.
(d)Provide collection of yard waste to customers upon their request.
(e)Provide special or extraordinary collection services, such as bulky waste removal, within two
(2) business days of a customer’s request.
(f)Provide special service collection arrangements for customers to accommodate their physical
health concerns.
(g)Properly contain all garbage or recyclables such that no blowing or escape from trucks of solid
or liquid waste or recyclables occurs.
(h)Provide information to all customers that may be required of the city by county, metropolitan,
state, or federal governments.
Sec. 30-63 -Insurance
The applicant for the license required under this article shall provide a certificate of public liability
insurance in the amountsspecified in this section for collecting garbage. Such insurance policy
shall be subject to the approval of the city manager. The applicant must also provide a
comprehensive general policy of liability insurance with minimum coverages as stated. At a
minimum, the insurance shall conform to the following requirements:
(a)General liability in the following amounts:
(1)Bodily injury, per occurrence, or combined single limit, $1,500,000.00.
(2)Property damage, $500,000.00.
(b)Auto liability in the following amounts:
(1)Property damage or combined single limit, $500,000.00.
(2)Bodily injury in the following amounts:
a)Per person, $1,000,000.00.
b)Per occurrence, $5,000,000.00.
(c)Workers Compensation Insurance as specified by the Minnesota Department of Occupational
Health and Safety and federal law.
Sec. 30-64 -Vehicle Requirements
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Each garbage collector licensed under this article shall provide a covered or enclosed truck, tank
or trailer so constructed that the contents will not leak or spill from it, in which all garbage collected
shall be conveyed to an approved disposal facility. The truck or conveyance used shall be kept
clean and as free from offensive odors as possible and shall not be allowed to stand in any street,
alley or public place longer than is reasonably necessary to collect garbage. Any litter or truck fluid
leaks shall be immediately cleaned up. Significant release of any truck fluid leaks shall be
immediately noticed to the appropriate authorities. Each truck used undera city license shall
remain in compliance with all federal and Minnesota Department of Transportation rules and
regulations.
Sec. 30-65 -Pickup Schedules (Residential)
Each residential licensee under this article shall consent to and follow a scheduleof pickups,
setting the day and area of pickups, as established by City of Maplewood Solid Waste
Management Standards, to limit area pickups for residential collections to the same day per week
each week.
Sec. 30-66 -Duty of Licensees to Report Accumulations of Garbage
Each licensee under this article shall report any accumulations of garbage that violates this
ordinance or other city ordinances to the city as per City of Maplewood Solid Waste Management
Standards.
Sec. 30-67 –Prohibited Mailings (Residential and Multiple Family)
No notices shall be sent from licensees or other persons to dwelling units within the City of
Maplewood or dwelling unit owners that are subject to or participating in the city-contracted
garbage service. These prohibited mailings shall include those for advertising rates or services not
available under the city’s contract for garbage collection services or any other services covered
under the city contract for garbage service. No notices shall be sent to any residential dwelling in
the City of Maplewood by licensees without prior written approval by the City of Maplewood.
Sec. 30-68 -Suspension or Revocation
(a)Failure by a licensee under this article to comply with this ordinance shall be grounds for
revocation of thelicense by the city council after a hearing for the purpose.
(b)If the city finds a violation of this ordinance by a licensee under this article and the city orders
correction of the violation which the licensee fails to make, the city may suspend the licensee’s
right to operate under the terms of the license and order his appearance at the next regular
meeting of the city council for a hearing on whether the suspension should continue in effect.
(c)Continued willful or egregious violations of this ordinance by any licensed or unlicensed hauler
of solid waste shall result in fines and/or liquidated damages as deemed reasonable by the city
council.
Sec. 30-69 -Volume-Based Rates (Residential)
(a)The city’s contract hauler for residential garbage shall provide to its residential customers a
system of volume-based rates. A volume-based rate includes a solid waste collection charge
and a disposal charge based on the volume of the solid waste generated by the customer.
(b) The city shall determine the increments upon which the volume-based rate will depend and the
difference between the rates for each increment.
Sections 30-70–30-75. Reserved
Article VI –Disposal Sites (Generally)
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Sec. 30-76 -Unlawful Deposit of Garbage and Other Substances
(a)No manure or pet feces, garbage, or other waste which may be detrimental to health, shall be
deposited at any place within the city limits, except in accordance with Section 30-23 and
Section 30-24, relating to composting and source separated compostable materials.
(b)No unauthorized landfill (or dump) for garbage materials and other solid waste shall be
operated within the city by any person
Sections 30-77–30-105 Reserved
ORDINANCE AMENDMENT EXECUTION:
SIGNATURES OF CITY OFFICERS
The city council approved the first reading of this ordinance on May 14, 2012.
The city council approved the second reading of this ordinance on June 11, 2012
Seconded by Councilmember JuenemannAyes–All
The motion passed.
2.Approval of Ordinance Amendment Regarding Variances for Metal Storage
Buildings, Section 12-5 (d) –First Reading
Assistant City Manager Ahl presented the staff report and answered questions of the council.
Mayor Rossabach opened the public hearing. No one spoke.
Mayor Rossbach closed the public hearing.
Councilmember Juenemannmoved toapprove the First Reading of theOrdinance Amendment
Regarding Variances for Metal Storage Buildings, Section 12-5 (d).
Seconded by Councilmember LlanasAyes–All
The motion passed.
3.Approval of Ordinance Amendment Regarding Variances for Commercial Use
Antennas and Towers, Section 44-1334 –First Reading
Assistant City Manager Ahl presented the staff report and answered questions of the council.
Mayor Rossbach opened the public hearing. No one spoke.
Mayor Rossbach closed the public hearing.
Councilmember Llanasmoved toapprove the First Reading of theOrdinance Amendment
Regarding Variances for Commercial Use Antennas and Towers, Section 44-1334.
Seconded by Councilmember KoppenAyes–All
The motion passed.
I.UNFINISHED BUSINESS
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1.Approval of Bartelmy-Meyer Area Street Improvements, Project 11-14, Resolution
Adopting Revised Assessment Roll
City Engineer/Deputy Public Works Director Thompson presented the staff report and answered
questions of the council.
The following people spoke:
1.Deena Drewes, Maplewood Resident
Councilmember Juenemannmoved toapprove theResolutionAdopting the Revised Assessment
Roll for the Bartelmy-Meyer Area Street Improvements, Project 11-14.
RESOLUTION 12-6-744
ADOPTING REVISED ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 14, 2012, the
assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, ten (10) property owners filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1.Parcel 25-29-22-43-0002 –Union Cemetery Association; 0 Minnehaha Avenue East
It is currently proposed that the property be assessed for 359.78 feet of frontage. The owner is
objecting to the assessment on the basis that the Union Cemetery Association is a 501 (c)(13)
exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14.
2.Parcel 25-29-22-31-0023 –Deena J. Drewes; 882 Bartelmy Lane
It is currently proposed that the property be assessed for 1 residential unit. The owner is
objecting to the assessment on the basis that the assessment will create a financial hardship.
3.Parcel 25-29-22-34-0018 –Dale Dombrock; 784 Mary Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a senior citizen deferral.
4.Parcel 25-29-22-31-0031 –Gethsemane Lutheran Church; 2410 Stillwater Road
It is currently proposed that the property be assessed for 234.37 feet of frontage. The owner is
objecting to the assessment on the basis that the assessment is inconsistent with the lease
agreement between the City and Gethsemane. The owner is also objecting on the basis that
the assessment amount is greater than the benefit to the property.
5.Parcel 25-29-22-31-0034 –Gethsemane Lutheran Church; 0 Bartelmy Lane
It is currently proposed that the property be assessed for 703.63 feet of frontage. The owner is
objecting to the assessment on the basis that the assessment is inconsistent with the lease
agreement between the City and Gethsemane. The owner is also objecting on the basis that
the assessment amount is greater than the benefit to the property.
6.Parcel 25-29-22-34-0092 –Kathleen P. Baldwin; 765 Meyer Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a senior citizen deferral.
7.Parcel 25-29-22-31-0022 –Shelagh Stoerzinger; 868 Bartelmy Lane
It is currently proposed that the property be assessed for 1 residential unit. The owner is
objecting to the assessment on the basis that the assessment amount is greater than the
benefit to the property. The owner requests a revision of assessment.
8.Parcel 25-29-22-34-0099 –Riaz Islam; 740 Meyer Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a revision of assessment. The owner is also requesting a copy of the special benefit
appraisal report.
9.Parcel 25-29-22-34-0097 –William Mensen; 2391 Minnehaha Avenue E.
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It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a revision of assessment.
10.Parcel 25-29-22-34-0070 –Billy K. Johnson; 819 Meyer Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
objecting to the assessment on the basis that the assessment will create a financial hardship.
The owner requests a financial hardship or disability deferral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A.That the City Engineer and City Clerk are hereby instructed to make the following adjustments
to the assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14:
1.Parcel 25-29-22-43-0002 –Union Cemetery Association; 0 Minnehaha Avenue East
It is currently proposed that the property be assessed for 359.78 feet of frontage. The
owner is objecting to the assessment on the basis that the Union Cemetery Association is a
501 (c)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat.
306.14. Staff recommendation is to grant a cancellation of assessment upon approval of
necessary paperwork.
2.Parcel 25-29-22-31-0023 –DeenaJ. Drewes; 882 Bartelmy Lane
It is currently proposed that the property be assessed for 1 residential unit. The owner is
objecting to the assessment on the basis that the assessment will create a financial
hardship. Staff recommendation is to grant a financial hardship deferral (8 year) upon
approval of necessary paperwork. After the 8 year deferral time period the assessment
would become due in total with interest. This property is being assessed per the City’s
assessment policy and the assessment does not exceed the benefit to the property as
determined through the special benefit appraisal.
3.Parcel 25-29-22-34-0018 –Dale Dombrock; 784 Mary Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen
deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time
period the assessment would become due in total with interest.
4.Parcel 25-29-22-31-0031 –Gethsemane Lutheran Church; 2410 Stillwater Road
It is currently proposed that the property be assessed for 234.37 feet of frontage. The
owner is objecting to the assessment on the basis that the assessment amount is greater
than the benefit to the property. Staff recommendation is to deny the request for revision of
assessment as this property is being assessed per the City’s assessment policy and the
assessment does not exceed the benefit to the property as determined through the special
benefit appraisal.
5.Parcel 25-29-22-31-0034 –Gethsemane Lutheran Church; 0 Bartelmy Lane
It is currently proposed that the property be assessed for 703.63 feet of frontage. The
owner is objecting to the assessment on the basis that the assessment is inconsistent with
the lease agreement between the City and Gethsemane. The owner is also objecting on
the basis that the assessment amount is greater than the benefit to the property. Staff feels
that the assessment is not in conflict with the lease agreement and is recommending
granting an undeveloped property deferral (8 years) upon approval of necessary
paperwork. If the property remains undeveloped during the entire 8 year deferral time
period the assessment will be cancelled. If at any point during the 8 year deferral period
theproperty is developed the assessment would become active.
6.Parcel 25-29-22-34-0092 –Kathleen P. Baldwin; 765 Meyer Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen
deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time
period the assessment would become due in total with interest.
7.Parcel 25-29-22-31-0022 –Shelagh Stoerzinger; 868 Bartelmy Lane
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It is currently proposed that the property be assessed for 1 residential unit. The owner is
objecting to the assessment on the basis that the assessment amount is greater than the
benefit to the property. The owner requests a revision of assessment.Staff
recommendation is to deny the request for revision of assessment as this property is being
assessed per the City’s assessment policy and the assessment does not exceed the
benefit to the property as determined through the special benefit appraisal.
8.Parcel 25-29-22-34-0099 –Riaz Islam; 740 Meyer Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a revision of assessment. The owner is also requesting a copy of the special
benefit appraisal report. Staff recommendation is to deny the request for revision of
assessment as this property is being assessed per the City’s assessment policy and the
assessment does not exceed the benefit to the property as determined through the special
benefit appraisal. Mr. Islam needs to request this information through the City Attorney.
9.Parcel 25-29-22-34-0097 –William Mensen; 2391 Minnehaha Avenue E.
It is currently proposed that the property be assessed for 1 residential unit. The owner is
requesting a revision of assessment. Staff recommendation is to deny the request for
revision of assessment as this property is being assessed per the City’s assessment policy
and the assessment does not exceed the benefit to the property as determined through the
special benefit appraisal.
10.Parcel 25-29-22-34-0070 –Billy K. Johnson; 819 Meyer Street
It is currently proposed that the property be assessed for 1 residential unit. The owner is
objecting to the assessment on the basis that the assessment will create a financial
hardship. The owner requests a financial hardship or disability deferral. Staff
recommendation is to grant a financial hardship/disability deferral (8 year) upon approval of
necessary paperwork. After the 8 year deferral time period the assessment would become
due in total with interest.
B.The assessment roll for the Bartelmy-Meyer Area Street Improvements, City Project 11-14, as
amended, is hereby accepted, a copy of which is attached hereto and made a part hereof.
Said assessment roll shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
C.Such assessments shall be payable in equal annual installments extending over a period of 8
years for commercial properties and 15 years for residential properties, the first installments to
be payable on or before the first Monday in January 2013 and shall bear interest at the rate of
4.30 percent per annum from the date of the adoption of this assessment resolution. To the
first installment shall be added interest on the entire assessment from the date of this
resolution until December 31, 2012. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
D.The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than November 15, 2012, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city
clerk, except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this resolution; and they may, at any time after November 15, 2012, pay to
the county auditor the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the next
succeeding year.
E.The city engineer and city clerk shall forthwith after November 15, 2012, but no later than
November 16, 2012, 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.
June 11, 2012
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th
Adopted by the council on this 11day of June 2012.
Seconded by Councilmember KoppenAyes–All
The motion passed.
2.Bid Award on Bonds –GO Improvement -2012A and GO State Aid Street Refunding -
2012B
Finance Manager Bauman presented the staff report and answered questions of the council.
Kathy Aho, Client Representative from Springsted was present and addressed the council to give
the report on the City’s Rating and Bid Award on Bonds.
Mayor Rossbach opened the public hearing. No one spoke.
Mayor Rossbach closed the public hearing.
Councilmember Juenemannmoved toapprove theResolutionon Bid Awards the Bonds Go
Improvement -2012 A and GO State Aid Street Refunding –2012B.
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 11, 2012
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City
of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 11,
2012, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive
negotiated sale of $5,780,000 General Obligation Bonds, Series 2012A.
The following members were present:
and the following were absent:
In accordance with the resolution adopted by the City Council on May 14, 2012, the City Clerk
presented proposals on $5,780,000 General Obligation Bonds, Series 2012A, which were received
and tabulated at the offices of Springsted Incorporated on this same day:
BidderInterest RateTrust Interest Cost
SEE ATTACHED
The Council then proceeded to consider and discuss the proposals, after which member
Juenemannintroduced the following resolution and moved its adoption:
RESOLUTION 12-6-745
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF
$5,780,000 GENERAL OBLIGATION BONDS, SERIES 2012A, PLEDGING FOR THE SECURITY
THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF
AND PROVIDING FOR THEIR ISSUANCE
A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has
heretofore determined and declared that it is necessary and expedient to issue $5,780,000
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General Obligation Bonds, Series 2012A (the "Bonds" or individually a "Bond"), pursuant to
Minnesota Statutes, Chapter 475 and:
1.Chapter 429, to finance the construction of various street improvement projects
within the City (the "Improvements"), in the amount of $5,330,000 (the "ImprovementPortion of the
Bonds"). 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
2.Section 412.301 to finance the purchase of various items of capital equipment (the
"Equipment"), in the amount of $450,000 (the "Equipment Portion of the Bonds"). Each item of
Equipment to be financed by the Equipment Portion ofthe Bonds has an expected useful life at
least as long as the term of the Equipment Portion of the Bonds. The principal amount of the
Equipment Portion of the Bonds does not exceed one-quarter of one percent (0.25%) of the
market value of the taxable property in the City ($3,168,106,800 times 0.25% is $7,920,267); and
B.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 Sterne, Agee & Leach, Inc, Birmingham,
AL (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal
established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum
of $5,902,268.85, plus interest accrued to settlement, is hereby found, determined and declared to
be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded
to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith
return to the unsuccessful bidders any good faith checks or drafts.
2.Bond Terms.
(a)Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds
shall be dated July 1, 2012, as the date of original issue and shall be issued forthwith on or after
such date in fully registered form, shall be numbered from R-1 upward in the denomination of
$5,000 each or in any integral multiple thereof of a single maturity (the "Authorized
Denominations") and shall mature on February 1 in the years and amounts as follows:
YearAmountYearAmount
2014$570,0002022$145,000
2015575,0002024300,000
2016585,0002026315,000
2017585,0002028330,000
2018595,000
2019605,000
2020615,000
2021560,000
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)Allocation. The Improvement Portion of the Bonds, being the aggregate principal
amount of $5,330,000, maturing in each of the years and amounts hereinafter set forth, is issued
to finance the Improvements. The Equipment Portion of the Bonds, being the aggregate principal
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amount of $450,000, maturing in each of the years and amounts hereinafter set forth, is issued to
finance the Equipment.
Improvement Equipment
YearPortion Portion Total
(Amount)(Amount)Amount
2014$510,000$60,000$570,000
2015510,00065,000575,000
2016520,00065,000585,000
2017520,00065,000585,000
2018530,00065,000595,000
2019540,00065,000605,000
2020550,00065,000615,000
2021560,000560,000
2022145,000145,000
2023150,000150,000
2024150,000150,000
2025155,000155,000
2026160,000160,000
2027165,000165,000
2028165,000165,000
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service
(and hence allocated to the payment of Bonds treated as relating to a particular portion of debt
service) as provided in this paragraph. If the source of prepayment moneys is the general fund of
the City, or other generallyavailable source, the prepayment may be allocated to any of the
portions of debt service in such amounts as the City shall determine. If the source of a
prepayment is special assessments pledged to the Improvements, the prepayment shall be
allocated to the Improvement Portion of debt service.
(c)Book Entry Only System. The Depository Trust Company, a limited purpose trust
company organized under the laws of the State of New York or any of its successors or its
successors to its functions hereunder (the"Depository") will act as securities depository for the
Bonds, and to this end:
(i)The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully
registered Bond for each maturity of the Bonds; and for purposes of complying with this
requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed
to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond.
(ii)Upon initial issuance, ownership of the Bonds shall be registered in a bond register
maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the
nominee (it or any nominee of the existing or a successor Depository, the "Nominee").
(iii)With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution for which
the Depository holdsBonds 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 deliveryto 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
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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.
(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.
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(d)Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i)The Depository may determine to discontinue providing its services with respect to
the Bonds at any time by giving written notice to the City and discharging its responsibilities with
respect thereto under applicable law. The City may terminate the services of the Depository with
respect to the Bond if it determines that the Depository is no longer able to carry out its functions
as securities depository or the continuation of the system of book-entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii)Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions of the
Depository hereunder can be found which, in the opinion of the City, is willing and able to assume
such functions upon reasonable or customary terms, or if the City determines that it is in the best
interests of the City or the Beneficial Ownersof 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 ofthe 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.
(e)Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
3.Purpose. The Improvement Portion of the Bonds shall provide funds to finance the
Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition of
the Equipment. The Improvements and Equipment are herein referred to together as the Project.
The total cost of the Project, which shall include all costs enumerated inMinnesota Statutes,
Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants
that it shall do all things and perform all acts required of it to assure that work on the Project
proceeds with due diligence to completion and that any and all permits and studies required under
law for the Project 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, 2013,
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 YearInterest RateMaturity YearInterest Rate
20142.00%20222.125%
20152.0020232.125
20162.0020242.125
20172.0020252.375
20182.0020262.375
20192.0020272.50
20202.0020282.50
20212.00
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5.Redemption. All Bonds maturing on February 1, 2023 and thereafter, shall be
subject to redemption and prepayment at the option of the City on February 1, 2022, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts
within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds
having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall
be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be
due and payable on the redemption date, and interest thereon shall cease to accrue from and after
the redemption date. Mailed notice of redemption shall be given to the paying agent and to each
affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior
to giving notice of redemption shall assign to each Bond having a common maturity date a
distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall
then select by lot, using such method of selection as it shall deem proper in its discretion, from the
numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal
the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the
Bonds to which were assigned numbers so selected; provided, however, that only so much of the
principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as
shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed
only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so
requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly
executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City
shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of
the Bond, without service charge, a new Bond or Bonds having the same stated maturity and
interest rate and of any Authorized Denomination or Denominations, as requested by the Holder,
in aggregate principal amount equal to and in exchange for the unredeemed portion of the
principal of the Bond so surrendered.
6.Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in theform of Bond and paragraph 12.
7.Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
UNITED STATES OFAMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-_______$_________
GENERAL OBLIGATION BOND, SERIES 2012A
Interest RateMaturity DateDate of Original IssueCUSIP
1.7666%February 1,July 1, 2012
REGISTERED OWNER:CEDE & CO.
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PRINCIPAL AMOUNT:$5,780,000.00
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the
principal amount specified above, on the maturity date specified above, and to pay interest thereon
semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"),
commencingFebruary 1, 2013, 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, 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 SpecialRecord
Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The
principal of and premium, if any, and interest on this Bond are payable in lawful money of the
United States of America. So long as this Bond is registered in the name of the Depository or its
Nominee as provided in the Resolution hereinafter described, and as those terms are defined
therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect
thereto shall be made as provided in the Letter of Representations, as defined in the Resolution,
and surrender of this Bond shall not be required for payment of the redemption price upon a partial
redemption of this Bond. Until termination of the book-entry only system pursuant to the
Resolution, Bonds may only be registered in the name of the Depository or its Nominee.
Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2023,
and thereafter, are subject to redemption and prepayment at the option of the Issuer on February
1, 2022, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and
the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and
if only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to
the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date
fixed for redemption.
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 suchBond 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
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City Council MeetingMinutes
Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly
authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal
amount of $5,780,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with
the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the
City Council onJune 11, 2012 (the "Resolution"), for the purpose of providing money to finance
various projects within the jurisdiction of the Issuer. This Bond is payable out of the General
Obligation Bonds, Series 2012A 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 uponpresentation 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 executeand 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 namethis Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except as otherwise provided herein with respect to the Record Date) and for all
other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be
entitled to any security unless the Certificate of Authentication hereon shall have been executed by
the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a
"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of
1986, as amended.
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IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by
the Constitution and laws of the State of Minnesota to be done, to happen and to be performed,
precedent to and in the issuance of this Bond, have been done, have happened and have been
performed, in regular and due form, time and manner as required by law; and that this Bond,
together with all other debts of the Issuer outstanding on the date of original issue hereof and the
date of its issuance and delivery to the original purchaser, does not exceed any constitutional or
statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City
Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor
and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted
by law.
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 City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City
may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further
that both of such signatures may be printed (or, at the request of the Purchaser, photocopied)
facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event
of disability or resignation or other absence of either officer, the Bonds may be signed by the
manual or facsimile signature of that officer who may act on behalf of the absent or disabled
officer. In case either officer whose signature or facsimile of whose signature shall appear on the
Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained
in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more
typewritten temporary bonds in substantially the form set forth above, with such changes as may
be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds
may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such
temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be
exchanged therefor and canceled.
9.Authentication. No Bond shall be valid or obligatory for any purpose or be entitled
to any security or benefit under this resolution unless a Certificate of Authentication on the Bond,
substantially in the form hereinabove set forth, shall have been duly executed by an authorized
representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be
signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the
City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting
as the date of registration in thespace provided the date on which the Bond is authenticated,
except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall
insert as a date of registration the date of original issue, which date is July 1, 2012. 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.
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At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly
executed by the Holderthereof or the Holder's attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge payable in connection with the transfer or exchange of any Bond and any
legal or unusualcosts 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 City Clerk is hereby authorized
to negotiate and execute the terms of said agreement.
11.Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12.Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest
Payment Date by check or draft mailed to the person in whose name the Bond is registered (the
"Holder") on the registration books of the City maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so
timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular
Record Date, and shall be payable to the person who is the Holder thereof at the close of business
ona date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given
by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date.
13.Treatment of Registered Owner. The City and Bond Registrar may treat the person
in whose name any Bond is registered as the owner of such Bond for the purpose of receiving
payment of principal of and premium, if any, and interest (subject to the payment provisions in
paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond
shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the
contrary.
14.Delivery; Application of Proceeds. The Bonds when so prepared and executed
shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and
the Purchaser shall not be obliged to see to the proper application thereof.
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15.Fund and Accounts. There is hereby established a special fund to be designated
"General Obligation Bonds, Series 2012A Fund" (the "Fund") to be administered and maintained
by the Finance Director as a bookkeeping account separate and apart from all other funds
maintained in the official financial records of the City. The Fund shall be maintained in the manner
herein specified until all of the Bonds and the interest thereon have been fully paid. In such
records there shall be established accounts or accounts shallcontinue to be maintained as the
case may be, of the Fund for the purposes and in the amounts as follows:
(a)ConstructionAccount. To the Construction Account there shall be credited the
proceeds of the sale of the Bonds, less any accrued interest and less capitalized interest. From
the Construction Account there shall be paid all costs and expenses of the Project, 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. Moneys in the Construction 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
Project there shall remain any unexpended balance (other than any special assessments) in the
Construction Account, the balance shall be transferred to the Debt Service Account or the fund of
any other improvement instituted pursuant to Minnesota Statutes Chapter 429, and provided
further that any special assessments credited to the Construction Account shall only be applied
toward 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 475.1, Subdivision 1.
(b)Debt Service Account. There shall be maintained two separate subaccounts in the
Debt Service Account to be designated the "Improvements Debt Service Subaccount", and the
"Equipment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged
to, and there shall be credited to the separate subaccounts of the Debt Service Account:
(i)Improvements Debt Service Subaccount. To the Improvements Debt Service
Subaccount there shall be credited: (A) all collections of special assessments herein covenanted
to be levied with respect to the Improvements and either initially credited to the Construction
Account and not already spent as permitted above and required to pay any principal and interest
due on the Bonds or collected subsequent to the completion of the Improvements and payment of
the costs thereof; (B) a pro rata share of all accrued interest received upon delivery of the Bonds;
(C) capitalized interest in the amount of $0.00; (D) any collections of all taxes herein or hereafter
be levied for the payment of the Improvements Portion of the Bonds and interest thereon; (E) a pro
rata share of all funds remaining in the Construction Account after completion of the Project and
payment of the costs thereof; (F) all investment earnings on funds held in the Improvements Debt
Service Subaccount; and (G) any and all other moneys which are properly available and are
appropriated by the governing body of the City to the Improvements Debt Service Subaccount.
The Improvements Debt Service Subaccount shall be used solely to pay the principal and interest
and any premium for redemption of the Improvement Portion of the Bonds and any other general
obligation bonds of the City hereafter issued by the City and made payable from said subaccount
as provided by law
(ii)Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount
there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Equipment
Portion of the Bonds; (B) a pro rata share of all accrued interest received upon delivery of the
Bonds; (C) a pro rata share of all funds remaining in the Construction Account after completion of
the Project and payment of the costs thereof; (D) all investment earnings on funds held in the
Equipment Debt Service Subaccount; and (E) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the Equipment Debt Service
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Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal
and interest and any premiums for redemption of the Equipment Portion of the Bonds.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly or indirectly to acquire higher
yielding investments, except (1) for a reasonable temporary period until such proceeds are needed
for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not
greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect,
any proceeds of the Bonds and any sums from time to time held in the Construction Account or
Debt Service Account (or any other City account which will be used to pay principal or interest to
become due on the bonds payable therefrom) in excess of amounts which under then applicable
federal arbitrage regulations may be invested without regard to yield shall not be investedat a
yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such
investments after taking into account any applicable "temporary periods" or "minor portion" made
available under the federal arbitrage regulations. Money in the Fund shall not be invested in
obligations or deposits issued by, guaranteed by or insured by the United States or any agency or
instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986,
as amended (the "Code").
16.Covenants Relating to the Improvement Portion of the Bonds.
(a)Special Assessments. It is hereby determined that no less than twenty percent of
the cost to the City of each Improvement financed by the Improvement Portion of the Bonds within
the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special
assessments to be levied against every assessable lot, piece and parcel of land benefited by any
of the Improvements. The City hereby covenants and agrees that it will let all construction
contracts not heretofore let within one year after ordering each Improvement by the Improvement
Portion of the Bonds 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 the special assessments, and in the event that any special 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, either in the making of the special
assessments or in the performance of any condition precedent thereto, the City will forthwith do all
further acts and take all further proceedings as may be required by law to make the special
assessments valid and binding liens upon the properties. The special assessments have
heretofore been authorized. Subject to such adjustments as are required by the conditions in
existence at the time the special assessments are levied, it is hereby determined that 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 special assessments at a
rate of 3.766% per annum, as set forth opposite the yearsspecified below:
Improvement DesignationLevy YearsCollection YearsAmount
Bartelmy-Meyer Area Sts2011-20262012-2027$2,180,000
Mill & Overlays20122011-20192012-20202,080,000
Gladstone2011-20192012-20201,070,000
At the time the special assessments are in fact levied the City Council shall, based on the
then current estimated collections of the special assessments, make any adjustments in any ad
valorem taxes required to be levied in order to assure that the City continues to be in compliance
with Minnesota Statutes, Section 475.61, Subdivision 1.
(b)Tax Levy; Coverage Test. To provide moneys for payment of the principal and
interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable
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property in the Citya 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 YearsCollection YearsAmount
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 Improvement
Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet
when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable
so long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that
the City reserves the right and power to reduce the tax levies in the manner and to the extent
permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
(c)Covenants Relating to the Equipment Portion of the Bonds. To provide moneys for
payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied
upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread
upon the tax rolls and collected with and as part of other general property taxes in the City for the
years and in the amounts as follows:
Years of Tax LevyYears of Tax CollectionAmount
See attached levy schedule
(Equipment Portion)
The tax levies are such that if collected in full they, together with other revenues herein
pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent
in excess of the amount needed to meet when due the principal and interest payments on the
Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the
Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the
right and power to reduce the levies in the manner and to the extent permitted by Minnesota
Statutes, Section 475.61, Subdivision 3.
17.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 bereimbursed with or without
interest from the Debt Service Account when a sufficient balance is available therein.
18.Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar
on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be
paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date ofsuch 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
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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 atsuch times and at such rates
and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to
pay all amounts to become due thereon to maturity or, if notice of redemption as herein required
has been duly provided for, to such earlier redemption date.
19.Compliance With Reimbursement Bond Regulations. The provisions of this
paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the
City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing
Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a)Not later than 60 days after the date of payment of a Reimbursement Expenditure,
the City (or person designated to do so on behalf of the City) has made or will have made a written
declaration of the City's official intent (a "Declaration") which effectively (i) states the City's
reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out
of the proceeds of a subsequent borrowing; (ii) gives a generaland 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 whichthe 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 cost of issuance of
the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c)The "reimbursement allocation" described in the Reimbursement Regulations for
each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the
issuance of the Bonds and in all events within the period ending on the date which is the later of
three years after payment of the Reimbursement Expenditure or one year after the date onwhich
the Project to which the Reimbursement Expenditure relates is first placed in service.
(d)Each such reimbursement allocation will be made in a writing that evidences the
City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30
days after the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of the foregoing covenants
in this paragraph upon receipt of an opinion of its BondCounsel for the Bonds stating in effect that
such action will not impair the tax-exempt status of the Bonds.
20.Continuing Disclosure. The City is the sole obligated person with respect to the
Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"),
promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the
Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the
"Undertaking") hereinafter described to:
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(a)Provide or cause to be 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 daysafter 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 days following such amendment.
The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the
Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable
on behalf of such Holders; provided that the right to enforce the provisions of these covenants
shall be limited to a right to obtain specific enforcement of the City's obligations under the
covenants.
The Mayor and Clerk of the City, or any other officerof the City authorized to act in their
place (the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required
by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
21.Certificate of Registration. A certified copy of this resolution is hereby directed to be
filed in the office of the County Auditor of Ramsey County, together with such other information as
the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have
been entered in the Bond Register and the tax levies required by law have 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 asthe 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 thefacts recited therein.
23.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 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.
24.Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross
income under Section 103 of the Code of the interest on the Bonds, including without limitation (i)
requirements relating to temporary periods for investments, (ii)limitations on amounts invested at
a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to
the United States. The City expects to satisfy the 18-month expenditure exemption for gross
proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the
Clerk or either one of them, are hereby authorized and directed to make such elections as to
arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or
desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and
treated as, elections of the City.
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25.Designation of Qualified Tax-Exempt Obligations.In order to qualify the Bonds as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City
hereby makes the following factual statements and representations:
(a)the Bonds are issued after August 7, 1986;
(b)the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c)the City hereby designates the Bonds as "qualified tax exempt obligations" for
purposes of Section 265(b)(3) of the Code;
(d)the reasonably anticipated amount of tax exempt obligations (other than private
activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be
issued by the City (and all entities treated as one issuer with the City, and all subordinate entities
whose obligations are treated as issued by the City) during this calendar year 2012 will not exceed
$10,000,000;
(e)not more than $10,000,000 of obligations issued by the City during this calendar
year 2012 have been designated for purposes of Section 265(b)(3) of the Code; and
(f)the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
26.Governmental Bonds Post-Issuance Compliance Policies and Procedures. The
City hereby approves the Governmental Bonds Post-Issuance Compliance Policies and
Procedures in substantially the form presented to the City Council.
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
Llanas and, after a full discussion thereof and upon a vote being takenthereon, the following voted
in favor thereof: Mayor Rossbach, Councilmember Cardinal, Juenemann, Koppen and Llanas;
and the following voted against the same: None.
Whereupon the resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council, duly called and held on the date therein
indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of
$5,780,000 General Obligation Bonds, Series 2012A.
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WITNESS my hand on June 11, 2012.
________________________________
Clerk
EXHIBIT A
PROPOSALS
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 11, 2012
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of
the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on
June 11, 2012, at 7:00P.M., for the purpose, in part, of considering proposals and awarding the
competitive negotiated sale of $2,505,000 General Obligation State-Aid Road Refunding Bonds,
Series 2012B.
The following members were present:
and the following were absent:
In accordance with the resolution adopted by the City Council on May 14, 2012, the City
Clerk presented proposals on $2,505,000 General Obligation State-Aid Road Refunding Bonds,
Series 2012B, which were received and tabulated at the offices of Springsted Incorporated on this
same day:
BidderInterest RateTrustInterest Cost
SEE ATTACHED
The Council then proceeded to consider and discuss the proposals, after which member
Juenemannintroduced the following resolution and moved its adoption:
RESOLUTION 12-6-746
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF
$2,505,000 GENERAL OBLIGATION STATE-AID ROAD REFUNDING BONDS, SERIES 2012B
AND PROVIDING FOR THEIR ISSUANCE
A.
WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"),
hereby determines and declares that it is necessary and expedient to provide moneys for a
crossover refunding of the City's $5,355,000 original principal amount of General Obligation State-
Aid Street Bonds, Series 2004E, dated August 1, 2004 (the "Prior Bonds"), which mature on and
after April 1, 2016; and
B.
WHEREAS, $2,385,000 aggregate principal amount of the Prior Bonds which
matures on and after April 1, 2016, is callable on April 1, 2015 (the "Refunded Bonds"), at a price
of par plus accrued interest, as provided in the Resolution adopted on August 5, 2004, authorizing
the issuance of the Prior Bonds (the "Prior Resolution"); anD
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C.
WHEREAS, the refunding of the Refunded Bonds is consistent with covenants
made with the holders thereof, and is necessary and desirable for the reduction of debt service
cost to the City; and
D.
WHEREAS, the City Council hereby determines and declares that it is necessary
and expedient to issue $2,505,000 General Obligation State-Aid Road Refunding Bonds, Series
2012B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to
provide moneys for a crossover refunding of the Refunded Bonds; and
E.
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 Stifel, Nicolaus & Co., Inc., in Memphis,
TN (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, and at the
rates of interest hereinafter set forth, and to pay therefor the sum of $2,547,616.70, plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal
maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith
return to the unsuccessful proposal makers their good faith checks and drafts.
2.Bond Terms.
(a)Original Issue Date; Denominations; Maturities.The Bonds shall dated July 1,
2012, as the date of original issue, shall be issued forthwith on or after such date in fully registered
form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral
multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on April 1
in the years and amounts as follows:
YearAmountYearAmount
2016$300,0002021$275,000
2017300,0002022260,000
2018300,0002023255,000
2019280,0002024255,000
2020280,000
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.
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(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) thedelivery 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 thanthe
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 dateidentified 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 theBonds, 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 bevalid 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, 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.
(vii)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
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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.
In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds
for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the
reduction in principal amount on the panel provided on the Bond stating the amount so redeemed.
(c)Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i)The Depository may determine to discontinue providing its services with respect to
the Bonds at any time by giving written notice to the City and discharging its responsibilities with
respect thereto under applicable law. The City may terminate the services of the Depository with
respect to the Bond if it determines that the Depository is no longer able to carry out its functions
as securities depository or the continuation of the system of book-entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii)Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions of the
Depository hereunder can be found which, in the opinion of the City, is willing and able to assume
such functions upon reasonable or customary terms, or if the City determines that it is in the best
interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to
obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the
bond register in the name of the Nominee, but may be registered in whatever name or names the
Holder of the Bonds shall designate at that time, in accordance with paragraph 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 (c) 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 crossover
refundingof the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared
that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of
the crossover date of the Bonds, shall result in a reduction of the present value of the dollar
amount of the debt service to the City from a total dollar amount of $4,136,943.75 for the Prior
Bonds to a total dollar amount of $3,956,762.50 for the Bonds, computed in accordance with the
provisions of Minnesota Statutes, Section475.67, Subdivision 12, and accordingly the dollar
amount of such present value of the debt service for the Bonds is lower by at least three percent
than the dollar amount of such present value of the debt service for the Prior Bonds as required in
Minnesota Statutes, Section 475.67, Subdivision 12. The average annual amount of principal and
interest due in all subsequent calendar years on the Bonds and on all other bonds payable from
the City's account in the Municipal State-Aid Street Fund ($2,505,000)does not exceed 90% of the
amount of the last annual allotment preceding the issuance of the Bonds received by the City from
the Construction Account of the Municipal State-Aid Street Fund ($2,254,500).
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4.Interest. The Bonds shall bear interest payablesemiannually on April 1 and
October 1 of each year (each, an "Interest Payment Date"), commencing April 1, 2013, 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 YearInterest RateMaturity YearInterest Rate
20162.00%20212.00%
20172.0020222.00
20182.0020232.25
20192.0020242.25
20202.00
5.Redemption. All Bonds maturing on April 1, 2023, and thereafter, shall be subject
to redemption and prepayment at the option of the City on April 1, 2022, 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 morethan $5,000 shall be redeemed as
shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed
only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so
requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly
executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City
shall execute (if necessary) and the Bond Registrar shall authenticate and deliverto the Holder of
such Bond, without service charge, a new Bond or Bonds of the same series having the same
stated maturity and interest rate and of any Authorized Denomination or Denominations, as
requested by such Holder, in aggregate principal amount equal to and in exchange for the
unredeemed portion of the principal of the Bond so surrendered.
6.Bond Registrar. U.S. Bank National Association, in Saint Paul, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds(the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7.Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
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UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-_________$_________
GENERAL OBLIGATION STATE-AID ROAD REFUNDING BOND, SERIES 2012B
Interest RateMaturity DateDate of Original IssueCUSIP
1.8296%April 1, July 1, 2012
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:$2,505,000.00
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 April 1 and October 1 of each year (each, an "Interest Payment Date"),
commencing April 1, 2013, 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 Saint Paul, Minnesota (the "Bond Registrar"), acting as
paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond
will be paid on each Interest Payment Date by check or draft mailed to the person in whose name
this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person
who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is
the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond
Registrar whenever money becomes available for payment of the defaulted interest. Notice of the
Special Record Date shall be given to Bondholders not less than ten days prior to the Special
Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful
money of the United States of America. So long as this Bond is registered in the name of the
Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms
are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice
with respect thereto shall be made as provided in the Letter of Representations, as defined in the
Resolution, and surrender of this Bond shall not be required for payment of the redemption price
upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to
the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing on April 1, 2023 and thereafter
are subject to redemption and prepayment at the option of the Issuer on April 1, 2022, and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or inpart 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
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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 tothe Bond Registrar (with, if the
Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly
authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds
of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issuein the total principal
amount of $2,505,000, 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 on June
11, 2012 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding
on April 1, 2015, of the Issuer's General Obligation State-Aid Street Bonds, Series 2004E, dated
August 1, 2004, which mature on and after April1, 2016. This Bond is payable out of the Escrow
Account and the Debt Service Account. 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 by the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and surrender
hereof to the Bond Registrar, all subject to the terms andconditions 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, oneor 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.
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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 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 and manner as required by law, and that this Bond,
together with all other debts of the Issuer outstanding on the date of original issue hereof and the
date of its issuance and delivery to the original purchaser, does not exceed any constitutional or
statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City
Councilhas 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
CERTIFICATE OFCITY OF MAPLEWOOD,
AUTHENTICATIONRAMSEY COUNTY, MINNESOTA
This Bond is one of the Bonds
described in the Resolution
mentioned within./s/ Facsimile
Mayor
U.S. Bank National Association
Saint Paul, Minnesota
Bond Registrar/s/ Facsimile
Clerk
By
Authorized Signature
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 Transfers to Minors Act
(State)
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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 totransfer 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 orany 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: ________________________________________
________________________________________
________________________________________
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
DATEAMOUNTSIGNATURE OF HOLDER
8.Execution; Temporary Bonds. 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
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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 such Bond,
substantially in the form hereinabove set forth, shall have been duly executed by an authorized
representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be
signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the
City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting
as the date of registration in the space provided the date on which the Bond is authenticated,
except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall
insert as a date of registration the date of original issue of July 1, 2012. 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 registeredin blank or in the name of
"bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever
any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond
Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the
Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general
obligations of the City evidencing the same debt, and entitled to the same benefits under this
resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly
executed by the Holder thereof or his, her or its attorney duly authorized in writing.
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
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its transfer books between record dates and payment dates. The Clerk is hereby authorized to
negotiate and execute the terms of said agreement.
11.Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in
exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid,
and to accrue, which were carried by such other Bond.
12.Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest
Payment Date by check or draft mailed to the person in whose name the Bond is registered (the
"Holder") on the registrationbooks 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 Administrator-Clerk-Treasurer to the Purchaser upon receipt of the
purchase price, and the Purchaser shall not be obliged to see to the proper application thereof.
15.Fund and Accounts. There is hereby created a special fund designated the General
Obligation State-Aid Road Refunding Bonds, Series 2012B Fund (the "Fund"), to be administered
and maintained by the Finance Director as a bookkeeping account separate and apart from all
other funds maintained in the official financial records of the City. The fund shall be maintained in
the manner herein specified until all of the Bonds and the interest thereon have been fully paid.
There shall be maintained in the Fund the following separate accounts:
(a)Escrow Account. The Escrow Account shall be maintained as an escrow account
with U.S. Bank National Association (the "Escrow Agent"), in Saint Paul, Minnesota, which is a
suitable financial institution within or without the State. $2,504,978.68 proceeds of the sale of the
Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay
costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby
irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings
thereon. The Escrow Account shall be invested in securities maturing or callable at the option of
the holder on such dates and bearing interest at such rates as shall be required to provide
sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay
when due the interest to accrue on the Bonds to and including April 1, 2015; and (ii) to pay when
called for redemption on April 1, 2015, the principal amount of the Refunded Bonds. The Escrow
Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and
including April 1, 2015, and (ii) the principal of the Refunded Bonds due by reason of their call for
redemption on April 1, 2015. The moneys in the Escrow Account shall be used solely for the
purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account
may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and
between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk.
Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in
the Debt Service Account.
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(b)Debt Service Account. To the Debt Service Account there is hereby pledged and
irrevocably appropriated and there shall be credited: (i) after the crossover date, all uncollected
moneys allotted to the City from its account in the Municipal State-Aid Street Fund pledged to the
payment of the Prior Bonds; (ii) any collections of all taxes heretofore or hereafter levied for the
payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a
result of the Refunding; (iii) any balance remitted to the City upon the termination of the Escrow
Agreement; (iv) all investment earnings on funds in the Debt Service Account; and (v) any and all
other moneys which are properly available and are appropriated by the governing body of the City
to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account
when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes,
Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to
pay the principal of and interest on the Bonds or any other bonds hereafter issued and made
payable from the Fund.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher
yielding investments or to replace funds which were used directly orindirectly to acquire higher
yielding investments, except (a) for a reasonable temporary period until such proceeds are needed
for the purpose for which the Bonds were issued, and (b) in addition to the above, in an amount
not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this
effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other
City account which will be used to pay principal and interest to become due on the Bonds) in
excess of amounts which under the applicable federal arbitrage regulations may be invested
without regard as to yield shall not be invested in excess of the applicable yield restrictions
imposed by the arbitrage regulations on such investments after taking into account any applicable
"temporary periods" or "minor portion" made available under the federal arbitrage regulations. In
addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or
deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality
thereof if and to the extent that such investment would cause the Bonds to be "federally
guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986,
as amended (the "Code").
16.Certification to Commissioner; Expenditure Consistent with Minnesota Statutes,
Chapter 162. Upon the sale of the Bonds, the officers of the City shall promptly certify to the
Commissioner of Transportation of the State of Minnesota the amount of money required annually
for the payment of principal and interest on the Bonds, all in accordance with Minnesota Statutes,
Section 162.18. Proceeds of the Bonds shall be spent only in accordance with the provisions of
law, including Chapter 162, and the rules and regulations of the Commissioner of Transportation
relating to the establishment, location, relocation, construction, reconstruction and/or improvement
of municipal state-aid streets within the City.
17.General Obligation Pledge.For the prompt and full payment of the principal of 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 Escrow Account or
Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds
payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City
which are available for such purpose, and such other funds may be reimbursed without interest
from the Escrow Account or Debt Service Account when a sufficient balance is available therein.
18.Debt Service Coverage. It is hereby determined and reasonably anticipated that
the estimated collections of the revenues pledged to the Debt Service Account pursuant to
paragraph 15 of this Resolution will produce at least five percent in excess of the amount needed
to meet, when due, the principal of and interest on the Bonds.
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19.Securities; Escrow Agent. Securities purchased from moneys in the Escrow
Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision
8, and any amendments or supplements thereto. Securities purchased from the Escrow Account
shall be purchased simultaneously with the delivery of the Bonds. The City Council has
investigated the facts and hereby finds and determines that the Escrow Agent is a suitable
financial institution to act as escrow agent.
20.Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Finance
Director shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow
Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this
resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of
default thereunder by the Escrow Agent.
21.Purchase of SLGS or Open Market Securities. The Purchaser, as agent for the
City, is hereby authorized and directed to purchase on behalf of the Council and in its name the
appropriate United States Treasury Securities, State and Local Government Series and/or open
market securities as provided in paragraph 18, from the proceeds of the Bonds and, to the extent
necessary, other available funds, all in accordance with the provisions of this resolution and the
Escrow Agreement and to execute all such documents (including the appropriate subscription
form) required to effect such purchase in accordance with the applicable U.S. Treasury
Regulations.
22.Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in
accordance with the terms and conditions set forth in the Notice of Call for Redemption, in the form
attached to the Escrow Agreement, which terms and conditions are hereby approved and
incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to
the Escrow Agreement.
23.Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore
made for the security thereof shall be observed by the City and all of its officers and agents.
24.Supplemental Resolution. The Prior Resolution is hereby supplemented to the
extent necessary to give effect to the provisions of this resolution.
25.Defeasance. When all Bonds have been discharged as provided in this paragraph,
all pledges, covenants and other rights granted by this resolution to the registered holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar
on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be
paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum
sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City
may also at any time discharge its obligations with respect to any Bonds, subject to the provisions
of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
26.Certificate of Registration. The Clerk is hereby directed to file a certified copy of
this resolution with the County Treasurer-Auditor of Ramsey County, Minnesota, together with
such other information as the County Treasurer-Auditor shall require, and to obtain the County
Treasurer-Auditor's Certificate that the Bonds have been entered in the County Treasurer-Auditor's
Bond Register.
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27.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.
28.Negative Covenant as to Use of Proceeds and Project. The City hereby covenants
not to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, 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.
29.Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate
requirement imposed by Section 148(f) of the Code by reason of issuing (together with all
subordinate entities thereof, and all entities treated as one issuer with the City) more than
$5,000,000 of tax-exempt governmental obligations during this calendar year as provided in
Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations.
30.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) ofthe 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 2012 will not exceed
$10,000,000; and
(e)not more than $10,000,000 of obligations issued by the City during this calendar
year 2012 have been designated for purposes of Section 265(b)(3) of the Code.
(f)the aggregate face amount of the Bonds does not exceed $10,000,000.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
31.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 Rulemaking Board (the
"MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial
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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 days following 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; provided that the right to enforce the provisions of these
covenants shall be limited to a right to obtain specific enforcement of the City's obligations under
the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their
place(the "Officers") are hereby authorized and directed to execute on behalf of the City the
Undertaking in substantially the form presented to the City Council subject to such modifications
thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required
by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
32.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.
33.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
Llanasand, after a full discussion thereof and upon a vote being taken thereon, the following voted
in favor thereof:Mayor Rossbach, Council Members Cardinal, Juenemann, Koppen, and Llanas.
and the following voted against the same:None.
whereupon the resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council, duly called and held on the date therein
indicated, insofar as such minutes relate to providing for the issuance and sale of $2,505,000
General Obligation State-Aid Road Refunding Bonds, Series 2012B.
WITNESS my hand on June 11, 2012.
___________________________
Clerk
Seconded by Councilmember LlanasAyes–All
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The motion passed.
J.NEW BUSINESS
1.Approval of Resolution Opposing the Proposed Marriage Amendment
Councilmember Llanas presented the report. The following people spoke:
1.Arianne Maxwell, Maplewood Resident
2.Tim Kinley, Maplewood Resident
3.Jon Brandt, Human Rights Commission Chair
Councilmember Cardinal moved that the vote should be unanimous.
Motion died forlack of a second.
Mayor Rossbach read the resolution.
Councilmember Llanasmoved toapprove theResolutionOpposing the Proposed Marriage
Amendment.
Resolution in Opposition to Proposed
“Recognition of Marriage” Constitutional Amendment
WHEREAS, in 2011 the Minnesota State Legislature voted to include the following question
on the election ballot in November 2012: “Shall the Minnesota Constitution be amended to provide
that only a union of one man and one woman shall be valid or recognized as a marriage in
Minnesota?” and
WHEREAS, the proposed amendment would add a new Section 13 to the Minnesota
Constitution stating: “Only a union of one man and one woman shall be valid or recognized as a
marriage in Minnesota"; and
WHEREAS, constitutions historically have been designed and interpreted to protect
minorities from the arbitrary imposition of unjust barriers by the majority; and
WHEREAS, the proposed amendment would be contrary to the purpose of our State
Constitution to protect the rights, privileges and freedom of conscience of all citizens by
withholding from some individuals and families important legal rights and obligations; and
WHEREAS, Maplewood' s commitment to equality for all residents and citizens is shown, in
part, by its adaption and implementation of the Maplewood Domestic Partnership Registration
Ordinance in 2010; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Maplewood,
hereby opposes the proposed constitutional amendment entitled “Recognition of MarriageSolely
Between One Man and One Woman," and urges Minnesota citizens to vote “No" on Tuesday,
November 6, 2012.
Seconded by Mayor RossbachAyes–Mayor Rossbach, Council Members
Juenemann and Llanas
Nays–Council Members Cardinal and
Koppen
The motion passed.
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2.Approval of Architect Contract for New Fire Station Site Evaluation
Assistant City Manager Ahl presented the staff report and answered questions of the council.
Councilmember Koppenmoved toapprove thearchitect contract for new fire station site
evaluation.
Seconded by Councilmember JuenemannAyes–Mayor Rossbach, Council Member
Juenemann, Koppen and Llanas
Nays–Councilmember Cardinal
The motion passed.
3.Consider Termination of Police and Fire Protection Services to City of Landfall
CityManager presented the staff report and answered questions of the council. Jim Domar,
Landfall resident addressed and spoke to the council.
Mayor Rossbach moved to direct staff to follow the terms of the contract and work with Landfall as
necessary to make preparations for the contractually guided termination of police services to the
City of Landfall.
Seconded by Councilmember CardinalAyes–All
The motion passed.
MayorRossbachmoved toauthorize City Manager Antonen to negotiate the termination of fire
protectionto the City of Landfall per that contractual agreement.
Seconded by Councilmember JuenemannAyes–All
The motion passed.
K.AWARD OF BIDS
None.
L.ADMINISTRATIVE PRESENTATIONS
None.
M.COUNCIL PRESENTATIONS
1.Fish Creek
Councilmember Juenemann informed resident that the Fish Creek event will be held Saturday,
June 16, 2012. The event will be held at the FishCreek Bluff from 1:00 p.m. to 4:00 p.m.
2.Good Samaritan
Councilmember Llanas encouraged residentsto Google the story that happened inMaplewood on
County Road B and Birmingham where a recently married mother of a 13-year old ran over a
curb,hit a mailbox and a treewhich resulted in her car starting on fireand how residents of
Maplewood rushed into to help her save her life.
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3.Parking
Councilmember Koppentalked about a topic that was discussed at the listening forum early this
evening regarding the overnight parking. He asked if a new resident to Maplewood could be given
a warning ticket instead of a parking ticket. Chief Thomallaresponded that it would be difficult to
enforce.
4.Comcast
Councilmember Cardinal informed residents that Comcast has a program to help kids that don’t
have the internet at home for $9.95 per month plus tax. They have computers for sale for $149.99
andthey do offer scholarships.A brochure will be left with the City Manager and City Clerk
regarding this offer.
5.Thursday Ground Breaking
Councilmember Cardinal informed residents that the ground breaking for the new fire training
facility will be on Thursday, June 14, 2012. He asked that City Attorney Kantrud discuss the
following with the Fire Chief prior to the groundbreaking so everyone has a consistent answer.
How we’re proceeding with groundbreaking when MNDot Owns that Land
If there’s a joint power agreement in place
How assessment will be handle
6.Moody Rating
The item was covered during the regular council meeting.
N.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 9:47p.m.
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