HomeMy WebLinkAbout11-14-2013 City Council Meeting MinutesNovember 14, 2013
City Council Meeting Minutes 1
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Thursday, November 14, 2013
Council Chambers, City Hall
Meeting No. 20-13
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:00 p.m. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Will Rossbach, Mayor Present
Robert Cardinal, Councilmember Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
D. APPROVAL OF AGENDA
N1 Video on Demand for Cities
N2 Disability Forum
N3 Election Comment
N4 Parks System Plan Task Force
N5 Pension Costs
Councilmember Juenemann
E. APPROVAL OF MINUTES
moved to approve the agenda as amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of October 28, 2013 City Council Workshop Minutes
Councilmember Juenemann
2. Approval of October 28, 2013 City Council Meeting Minutes
moved to approve the October 28, 2013 City Council
Workshop Minutes as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann noted that item N1 need to be changed to indicate the
School District 623 and 624 both had a school board election and referendum question
on the ballot.
November 14, 2013
City Council Meeting Minutes 2
Councilmember Koppen
F. APPOINTMENTS AND PRESENTATIONS
moved to approve the October 28, 2013 City Council Meeting
Minutes as amended.
Seconded by Mayor Rossbach Ayes – All
The motion passed.
1. Approval of a Proclamation Establishing November 15, 2013, as America
Recycles Day in Maplewood
Mayor Rossbach read the proclamation establishing November 15, 2013 as America
Recycles Day.
Councilmember Juenemann moved to approve the Proclamation Establishing November
15, 2013 as America Recycles Day.
Proclamation by the Mayor of Maplewood Establishing
November 15, 2013 as America Recycles Day
Whereas, Maplewood recognizes the importance of protecting and preserving
our natural resources and adopting conscientious habits that will improve our daily lives
and bring about a cleaner, safer, and more sustainable environment; and
Whereas, although Maplewood residents have a high participation rate in the
City’s recycling program, we must also continue to focus on other initiatives such as
waste reduction, composting, the reuse of products and materials, and purchasing
recycled products; and
Whereas, by encouraging businesses, state agencies, nonprofit organizations,
schools and individuals to celebrate America Recycles Day 2013, we can further
promote recycling as an environmentally efficient and economically smart habit; and
Whereas, state and community leaders can help encourage recycling by
informing citizens about local recycling options, they can also help foster greater
awareness of the need to expand collections programs by promoting the benefits of
recycling investments for businesses; and
Whereas, it is important that all Maplewood citizens become involved in recycling
activities and learn more about the many recycled and recyclable products available to
them as consumers; it is also fitting for Maplewood to celebrate America Recycles Day
2013 and take action by educating citizens about the recycling options available in our
community;
Now, therefore, I Mayor Rossbach, do hereby recognize November 15, 2013 as
America Recycles Day.
Seconded by Councilmember Koppen Ayes – All
November 14, 2013
City Council Meeting Minutes 3
The motion passed.
2. Resolution for Appointment to Commissions
a. Environmental & Natural Resources
b. Planning Commission
c. Parks & Recreation Commission
City Manager Ahl gave the staff report and answered questions of the council.
Councilmember Juenemann moved to approve the Resolution to appoint candidates to
the Planning Commission and Parks & Recreation Commission.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the Resolution to appoint Deborah
Fideldy to the Environmental and Natural Resources Commission.
Resolution13-11-997
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:
Planning Commission
- Yaya Diatta, term expires on 12/31/2016
:
- Donn Lindstrom, term expires on 12/31/2014
- Rick Brandon, term expires on 4/30/2016
Parks & Recreation Commission:
- Deborah Fideldy, term expires 9/30/2016
Environmental & Natural Resources Commission
Seconded by Councilmember Koppen Ayes – All
The motion passed.
G. CONSENT AGENDA
Councilmember Juenemann requested agenda items G8 and G9 be highlighted.
Councilmember Juenemann moved to approve agenda items G1-G15.
November 14, 2013
City Council Meeting Minutes 4
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the Approval of Claims.
ACCOUNTS PAYABLE:
$ 323,403.52 Checks # 90935 thru # 90975
dated 10/15/13 thru 10/22/13
$ 277,349.68 Disbursements via debits to checking account
dated 10/21/13 thru 10/25/13
$ 1,086,482.21 Checks # 90976 thru # 91025
dated 10/23/13 thru 10/29/13
$ 381,987.44 Disbursements via debits to checking account
dated 10/28/13 thru 11/01/13
$ 2,069,222.85 Total Accounts Payable
PAYROLL
$ 512,649.08 Payroll Checks and Direct Deposits dated 10/25/13
$ 821.50 Payroll Deduction check # 9989622 thru # 9989623 dated 10/25/13
$ 513,470.58 Total Payroll
$ 2,582,693.43 GRAND TOTAL
Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Approval of Resolution Certifying Special Assessments for Unpaid
Ambulance Bills
Councilmember Juenemann moved to approve the resolution to certify $17,674.53 of
unpaid ambulance bills for collection with 2014 property taxes which includes interest at
the rate of ten percent on the total amount for one year.
Resolution 13-11-998
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following ambulance bills totaling $17,674.53 for
collection with the taxes of said property owner for the year 2013, collectible in 2014,
which included interest at the rate of ten percent (10%) on the total amount for one year.
November 14, 2013
City Council Meeting Minutes 5
Seconded by Councilmember Koppen Ayes – All
The motion passed.
3. Approval of Resolution Certifying Special Assessments for Unpaid
Miscellaneous Charges
Councilmember Juenemann
4. Approval of Resolution Certifying Special Assessments for Unpaid Trash
Bills
moved to approve the resolution to certify $23,622.34 of
unpaid miscellaneous charges for collection with 2014 property taxes which includes
interest at the rate of ten percent on the total amount for one year.
Resolution 13-11-999
Resolved, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following miscellaneous charges totaling $23,622.34 for
collection with the taxes of said property owner for the year 2013, collectible in 2014,
which included interest at the rate of ten percent (10%) on the total amount for one year.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
5. Approval of 2013 Budget Adjustments and Transfers to Close TIF Funds
moved to approve the resolution to certify $45,672.18 of
unpaid trash bills for collection with 2014 property taxes which includes interest at the
rate of ten percent on the total amount for one year.
Resolution 13-11-1000
Resolved, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following trash bills totaling $45,672.18 for collection with
the taxes of said property owner for the year 2013, collectible in 2014, which included
interest at the rate of ten percent (10%) on the total amount for one year.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve a transfer of $1,008.44 from fund 426
(TIF 1-5) to fund 438 (TIF 1-9) and a transfer of $10,448.98 from fund 426 (TIF 1-5) to
fund 414 (TIF 1-2); and direct the Finance Director to make the appropriate budget
adjustments.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
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City Council Meeting Minutes 6
6. Approval of Resolution Adopting Ambulance Rates for 2014
Councilmember Juenemann
1. The updated ambulance rates with a 3% increase shall become effective
beginning January 1, 2014, with rates set as follows:
moved to approve the resolution authorizing ambulance
rates for 2014.
Resolution 13-11-1001
Adoption of the 2014 Ambulance Rates
WHEREAS, the City of Maplewood has established ambulance rates, and
WHEREAS, city staff has reviewed the ambulance rates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
Non-transport $637.00
Basic life support $1,683.00
Advanced life support 1 $2,212.00
Advanced life support 2 $2,440.00
Charge per mile $21.84
2. The updated ambulance rates are approved for all related ambulance runs
received on or after January 1, 2014.
3. The rates shown will be reviewed by staff on an annual basis with
recommendations for revisions brought to the city council for consideration.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
7. Approval of Additional Office Furniture for Police Department Expansion
Project
Councilmember Juenemann
8. Approval of Summary Ordinance for the Maplewood Green Building
Program Ordinance
moved to approve the Commercial Furniture Systems
(CFS) – office furniture purchases and installation for Phase 1, 1A and 2 utilizing US
Communities pricing not to exceed $27,750.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the Green Building Ordinance Summary
Publication.
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City Council Meeting Minutes 7
Seconded by Councilmember Koppen Ayes – All
The motion passed.
9. Approval of Summary of the City of Maplewood’s First Annual Fall Clean
Up Campaign
Assistant City Manager/Community Development Director Coleman gave the staff
report.
Councilmember Juenemann
10. Approval of Planned Unit Development Review for the Metro Transit Park
and Ride Parking Ramp, 1793 Beam Avenue
moved to approve the summary of the first annual fall
clean-up campaign.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
11. Approval of Conditional Use Permit Review for Walser Automotive Used
Car Sales and Vehicle Repair, 2590 Maplewood Drive
moved to approve to review the conditional use permit for
Metro Transit Park and Ride facility only if the applicant proposes a change or if a
problem arises.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
12. Approval of Conditional Use Permit Review for the Ramsey County Family
Service Center, 2001 Van Dyke Street
moved to approve to review the conditional use permit for
used car sales and auto repair at 2590 Maplewood Drive only if the property owner
proposes a change or expansion of these businesses or if a problem arises.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve to review the conditional use permit for
the Ramsey County Family Services Center again only if the property owner proposes a
change or if a problem arises.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
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City Council Meeting Minutes 8
13. Approval of a Motor Fuel Station License for Arnie’s Market, 1690 McKnight
Rd N, Suite A
Councilmember Juenemann
14. Approval of 3M Land Donation, Easements, and Revised Developer
Agreement Projects 12-14 and 12-15
moved to approve the Motor Fuel Station License for
Arnie’s Market located at 1690 McKnight Road N, Suite A.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
15. Approval of the Construction Grant Agreement East Metro Public Safety
Training Center with the State of Minnesota Department of Public Safety
moved to approve the 3M Land Donation, Easements and
Revised Developer Agreement related to City Projects 12-14 and 12-15.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
H. PUBLIC HEARING
moved to approve the construction grant for the East Metro
Regional Public Safety Training Facility with the State of Minnesota Department of
Public Safety.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
None
I. UNFINISHED BUSINESS
1. Approval of Resolution Authorizing the Issuance and Awarding the Sale of
General Obligation Refunding Bonds, Series 2013B
Finance Director made the initial introduction. Terri Heaton from Springsted, Inc.
reviewed the bond rating the City received and answered questions of the council.
Councilmember Juenemann moved to approve the resolution for the Sale of General
Obligation Refunding Bonds, Series 2013B.
Resolution 13-11-1002
RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE
OF $3,700,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013B,
PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND
LEVYING A TAX FOR THE PAYMENT THEREOF
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City Council Meeting Minutes 9
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:
1. a current refunding of the City's $2,940,000 original principal amount
of General Obligation Refunding Bonds, Series 2004A, dated April 1,
2004 (the "Prior 2004A Bonds"); and
2. a crossover advance refunding of the City's $13,010,000 General
Obligation Improvement Bonds, Series 2004B, dated August 1, 2004
(the "Prior 2004B Improvement Bonds" and together with the Prior
2004A Bonds, the "Prior Bonds"); and
B. WHEREAS, the Prior 2004A Bonds are callable on February 1, 2014 and
on any date thereafter, at a price of par plus accrued interest, as provided in the
Resolution adopted by the City Council on March 18, 2004 (the "Prior 2004A Bonds
Resolution"), authorizing the issuance of the Prior 2004A Bonds; and
C. WHEREAS, $1,905,000 of the principal amount of the Prior 2004B
Improvement Bonds which matures or are subject to mandatory redemption on and after
August 1, 2016, is callable on August 1, 2015 and any date thereafter, at a price of par
plus accrued interest, as provided in the resolution, adopted by the City Council on July
22, 2004, authorizing the issuance of the Prior 2004B Improvement Bonds (the "Prior
2004B Improvement Bonds Resolution" and together with the Prior 2004A Bonds
Resolution, the "Prior Resolutions"); and
D. WHEREAS, the current refunding on February 1, 2014 (the "Call Date") of
$1,755,000 aggregate prior amount of the Prior 2004A Bonds maturing on and after
February 1, 2015 (the "Refunded 2004A Bonds"); and the partial crossover advance
refunding on August 1, 2015 (the "Crossover Date") of the Prior 2004B Improvement
Bonds maturing on and after August 1, 2018 (the "Refunded 2004B Improvement
Bonds" and, together with the Refunded 2004A Bonds, 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
E. WHEREAS, the City Council hereby determines and declares that it is
necessary and expedient to issue $3,700,000 General Obligation Refunding Bonds,
Series 2013B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes,
Chapter 475, to provide moneys for i. a current refunding of the Refunded 2004A Bonds;
and ii. a partial crossover advance refunding of the Refunded 2004B Improvement
Bonds; and
F. 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 City Council of the City of
Maplewood, Minnesota, as follows:
(a) Acceptance of Proposal. The proposal of Raymond James & Associates,
Inc., Memphis, Tennessee (the "Purchaser"), to purchase the Bonds, in accordance with
November 14, 2013
City Council Meeting Minutes 10
the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set
forth, and to pay therefor the sum of $3,772,735.94, 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. The Bonds shall dated
as of the date of delivery, 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, without option of prepayment, on August
1 in the years and amounts as follows:
Year
Amount
2015 $250,000
2016 270,000
2017 260,000
2018 530,000
2019 935,000
2020 430,000
2021 440,000
2022 190,000
2023 195,000
2024 200,000
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 6 and 11
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").
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City Council Meeting Minutes 11
(iii) With respect to the Bonds neither the City nor the Bond Registrar
shall have any responsibility or obligation to any broker, dealer, bank, or any
other financial institution for which the Depository holds Bonds as securities
depository (the "Participant") or the person for which a Participant holds an
interest in the Bonds shown on the books and records of the Participant (the
"Beneficial Owner"). Without limiting the immediately preceding sentence,
neither the City, nor the Bond Registrar, shall have any such responsibility or
obligation with respect to (A) the accuracy of the records of the Depository, the
Nominee or any Participant with respect to any ownership interest in the Bonds,
or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any
other person, other than the Depository, of any amount with respect to the
principal of or premium, if any, or interest on the Bonds, or (D) the consent given
or other action taken by the Depository as the Registered Holder of any Bonds
(the "Holder"). For purposes of securing the vote or consent of any Holder under
this Resolution, the City may, however, rely upon an omnibus proxy under which
the Depository assigns its consenting or voting rights to certain Participants to
whose accounts the Bonds are credited on the record date identified in a listing
attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the
Depository to be the absolute owner of the Bonds for the purpose of payment of
the principal of and premium, if any, and interest on the Bonds, for the purpose of
giving notices of redemption and other matters with respect to the Bonds, for the
purpose of obtaining any consent or other action to be taken by Holders for the
purpose of registering transfers with respect to such Bonds, and for all purpose
whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all
principal of and premium, if any, and interest on the Bonds only to the Holder or
the Holders of the Bonds as shown on the bond register, and all such payments
shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to the principal of and premium, if any, and interest on the Bonds to
the extent of the sum or sums so paid.
(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 11, 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
November 14, 2013
City Council Meeting Minutes 12
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued
in book-entry form shall be limited in principal amount to Authorized
Denominations and shall be effected by procedures by the Depository with the
Participants for recording and transferring the ownership of beneficial interests in
such Bonds.
(viii) In connection with any notice or other communication to be
provided to the Holders pursuant to this Resolution by the City or Bond Registrar
with respect to any consent or other action to be taken by Holders, the
Depository shall consider the date of receipt of notice requesting such consent or
other action as the record date for such consent or other action; provided, that
the City or the Bond Registrar may establish a special record date for such
consent or other action. The City or the Bond Registrar shall, to the extent
possible, give the Depository notice of such special record date not less than 15
calendar days in advance of such special record date to the extent possible.
(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 6 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
(ii) Upon termination of the services of the Depository as provided in
the preceding paragraph, and if no substitute securities depository is willing to
undertake the functions of the Depository hereunder can be found which, in the
opinion of the City, is willing and able to assume such functions upon reasonable
or customary terms, or if the City determines that it is in the best interests of the
City or the Beneficial Owners of the Bond that the Beneficial Owners be able to
obtain certificates for the Bonds, the Bonds shall no longer be registered as
being registered in the bond register in the name of the Nominee, but may be
registered in whatever name or names the Holder of the Bonds shall designate at
that time, in accordance with paragraph 11. To the extent that the Beneficial
. 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.
November 14, 2013
City Council Meeting Minutes 13
Owners are designated as the transferee by the Holders, in accordance with
paragraph 11, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the
provisions of paragraph 11.
(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. Allocation of Bonds to Prior 2004A Bonds and Prior 2004B Improvement
Bonds; Allocation of Prepayments to Portions of Debt Service. The aggregate principal
amount of $1,735,000 maturing in each of the years and amounts hereinafter set forth
are issued to refund the Prior 2004A Bonds (the "Prior 2004A Bonds Refunding
Portion"). The aggregate principal amount of $1,965,000 maturing in each of the years
and amounts hereinafter set forth are issued to refund the Prior 2004B Improvement
Bonds (the "Prior 2004B Improvement Bonds Refunding Portion"):
Prior
2004A
Bonds
Refunding
Year
Prior 2004B
Improvement
Bonds
Refunding
Portion
Portion
2015 $250,000
2016 250,000 $ 20,000
2017 240,000 20,000
2018 245,000 285,000
2019 250,000 685,000
2020 245,000 185,000
2021 255,000 185,000
2022 190,000
2023 195,000
2024 200,000
The Prior 2004A Bonds Refunding Portion is further allocated as follows:
Special
Assessment
and Tax
Levy
Year
Tax Levy
Refunding
Refunding
Portion
Portion
2015 $20,000 $230,000
2016 20,000 230,000
2017 240,000
2018 245,000
November 14, 2013
City Council Meeting Minutes 14
2019 250,000
2020 245,000
2021 255,000
2022
2023
2024
4. Purpose; Refunding Findings. The Bonds shall provide funds for (i)
current refunding of the Refunded 2004A Bonds (the "Current Refunding") and (ii) a
partial crossover advance refunding of the Refunded 2004B Improvement Bonds (the
"Crossover Refunding" and, together with the Current Refunding, the "Refundings"). It is
hereby found, determined and declared that the Refundings are pursuant to Minnesota
Statutes, Section 475.67.
With respect to the Refunded 2004B Improvement Bonds, as of the Crossover
Date there shall result a reduction in the present value of the dollar amount of the debt
service to the City from a total dollar amount of $6,652,200.00 for the Prior 2004B
Improvement Bonds to a total dollar amount of $6,481,812.50 for the Prior 2004B
Improvement Bonds Refunding Portion of the Bonds computed in accordance with the
provisions of Minnesota Statutes, Section 475.67, Subdivision 12. The dollar amount of
such present value of the debt service for the Prior 2004B Improvement Bonds
Refunding Portion of the Bonds is lower by at least three percent than the dollar amount
of such present value of the debt service for the Prior 2004B Improvement Bonds as
required by Minnesota Statutes, Section 475.67, Subdivision 12.
5. Interest. The Bonds shall bear interest payable semiannually on
February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing
August 1, 2014, calculated on the basis of a 360-day year of twelve 30-day months, at
the respective rates per annum set forth opposite the maturity years as follows:
Maturity Year
Interest
Rate
2015 2.000%
2016 2.000
2017 2.000
2018 2.000
2019 2.000
2020 2.000
2021 2.500
2022 2.500
2023 2.500
2024 2.500
6. No Redemption
7.
. The Bonds shall not be subject to redemption and
prepayment prior to their stated maturity date.
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
November 14, 2013
City Council Meeting Minutes 15
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 13.
8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate
of Authentication, the form of Assignment and the registration information thereon, shall
be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-_________ $_________
GENERAL OBLIGATION REFUNDING BOND, SERIES 2013B
Interest Rate Maturity Date Date of Original Issue
CUSIP
August 1, _________ , 2013
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it
is indebted and for value received promises to pay to the registered owner specified
above, or registered assigns, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, without option of prior payment,
and to pay interest thereon semiannually on February 1 and August 1 of each year
(each, an "Interest Payment Date"), commencing August 1, 2014, at the rate per annum
specified above (calculated on the basis of a 360-day year of twelve 30-day months)
until the principal sum is paid or has been provided for. This Bond will bear interest from
the most recent Interest Payment Date to which interest has been paid or, if no interest
has been paid, from the date of original issue hereof. The principal of and premium, if
any, on this Bond are payable upon presentation and surrender hereof at the principal
office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"),
acting as paying agent, or any successor paying agent duly appointed by the Issuer.
Interest on this Bond will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Bond is registered (the "Holder" or
"Bondholder") on the registration books of the Issuer maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth day of the
calendar month next preceding such Interest Payment Date (the "Regular Record
Date"). Any interest not so timely paid shall cease to be payable to the person who is
the Holder hereof as of the Regular Record Date, and shall be payable to the person
who is the Holder hereof at the close of business on a date (the "Special Record Date")
fixed by the Bond Registrar whenever money becomes available for payment of the
defaulted interest. Notice of the Special Record Date shall be given to Bondholders not
less than ten days prior to the Special Record Date. The principal of and premium, if
any, and interest on this Bond are payable in lawful money of the United States of
November 14, 2013
City Council Meeting Minutes 16
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.
No Optional Redemption. The Bonds of this issue (the "Bonds") are not subject
to redemption and prepayment prior to their stated maturity dates.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total
principal amount of $3,700,000 (the "Bonds"), 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 November 14, 2013 (the "Resolution"), for the
purpose of providing funds sufficient for current and crossover advance refunding of
certain outstanding general obligation bonds of the Issuer. This Bond is payable out of
the General Obligation Refunding Bonds, Series 2013B Fund established by the Issuer
pursuant to the Resolution. 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 and
conditions provided in the Resolution and to reasonable regulations of the Issuer
contained in any agreement with the Bond Registrar. Thereupon the Issuer shall
execute and the Bond Registrar shall authenticate and deliver, in exchange for this
Bond, one or more new fully registered Bonds in the name of the transferee (but not
registered in blank or to "bearer" or similar designation), of an Authorized Denomination
or Denominations, in aggregate principal amount equal to the principal amount of this
Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss
. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the
transfer or exchange of this Bond and any legal or unusual costs regarding transfers and
lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
person in whose name this Bond is registered as the owner hereof for the purpose of
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City Council Meeting Minutes 17
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
Date of Registration:
________________________
BOND REGISTRAR'S
CERTIFICATE OF
AUTHENTICATION
This Bond is one of the Bonds
described in the Resolution
mentioned within.
U.S. BANK NATIONAL ASSOCIATION
St. Paul, Minnesota
Bond Registrar
By ____________________
Authorized Signature
. 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 Council has caused this Bond to be executed on its behalf by the facsimile
signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been
intentionally omitted as permitted by law.
Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA
/s/ Facsimile
Mayor
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:
/s/ Facsimile
Clerk
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City Council Meeting Minutes 18
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)
Additional abbreviations may also be used though not in the above list.
___________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
________ the within Bond and does hereby irrevocably constitute and appoint ________
attorney to transfer the Bond on the books kept for the registration thereof, with full
power of substitution in the premises.
Dated:__________
Notice: The assignor's signature to this assignment must
correspond with the name as it appears upon the
face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
___________________________
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage
firm having a membership in one of the major stock exchanges or any other "Eligible
Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the transferee requested below is provided.
Name and Address: ________________________________________
________________________________________
________________________________________
9. Execution
10.
. The Bonds shall be in typewritten form, shall be executed on
behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of
the City; provided, as permitted by law, both signatures may be photocopied facsimiles
and the corporate seal has been omitted. In the event of disability or resignation or other
absence of either officer, the Bonds may be signed by the manual or facsimile signature
of the officer who may act on behalf of the absent or disabled officer. In case either
officer whose signature or facsimile of whose signature shall appear on the Bonds shall
cease to be such officer before the delivery of the Bonds, the signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if the officer had
remained in office until delivery.
Authentication. No Bond shall be valid or obligatory for any purpose or be
November 14, 2013
City Council Meeting Minutes 19
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 the date of delivery. The
Certificate of Authentication so executed on each Bond shall be conclusive evidence that
it has been authenticated and delivered under this resolution.
11. Registration; Transfer; Exchange
Transfers shall also be subject to reasonable regulations of the City contained in
. 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 10) of, and deliver,
in the name of the designated transferee or transferees, one or more new Bonds of any
Authorized Denomination or Denominations of a like aggregate principal amount, having
the same stated maturity and interest rate, as requested by the transferor; provided,
however, that no Bond may be registered in blank or in the name of "bearer" or similar
designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any
Authorized Denomination or Denominations of a like aggregate principal amount and
stated maturity, upon surrender of the Bonds to be exchanged at the principal office of
the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City
shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of
registration of, and deliver the Bonds which the Holder making the exchange is entitled
to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall
be promptly canceled by the Bond Registrar and thereafter disposed of as directed by
the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid
general obligations of the City evidencing the same debt, and entitled to the same
benefits under this resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or
be accompanied by a written instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized
in writing.
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.
November 14, 2013
City Council Meeting Minutes 20
any agreement with the Bond Registrar, including regulations which permit the Bond
Registrar to close its transfer books between record dates and payment dates. The
Clerk is hereby authorized to negotiate and execute the terms of said agreement.
12. 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.
13. Interest Payment; Record Date. Interest on any Bond shall be paid on
each Interest Payment Date by check or draft mailed to the person in whose name the
Bond is registered (the "Holder") on the registration books of the City maintained by the
Bond Registrar and at the address appearing thereon at the close of business on the
fifteenth day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any such interest not so timely paid shall cease to be payable
to the person who is the Holder thereof as of the Regular Record Date, and shall be
payable to the person who is the Holder thereof at the close of business on a date (the
"Special Record Date") fixed by the Bond Registrar whenever money becomes available
for payment of the defaulted interest. Notice of the Special Record Date shall be given
by the Bond Registrar to the Holders not less than ten days prior to the Special Record
Date.
14. 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 13) 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.
15. Delivery; Application of Proceeds. The Bonds when so prepared and
executed shall be delivered by the Finance Manager to the Purchaser upon receipt of
the purchase price, and the Purchaser shall not be obliged to see to the proper
application thereof.
16. Funds and Accounts. There is hereby created a special fund to be
designated the "General Obligation Refunding Bonds, Series 2013B Fund" (the "Fund")
to be administered and maintained by the Finance Manager as a bookkeeping account
separate and apart from all other funds maintained in the official financial records of the
City. In such records there shall be established accounts or accounts shall continue to
be maintained as the case may be, of the Fund for the purposes and in the amounts as
follows:
(a) Payment Account. Proceeds of the sale of the Prior 2004A Bonds
Refunding Portion in the amount of $1,755,000.00 shall be deposited in the Payment
Account. On or prior to the Call Date, the Finance Manager shall transfer $1,755,000.00
of the Prior 2004A Bonds Refunding Portion of the Bonds from the Payment Account to
the paying agent for the Prior 2004A Bonds, which sum is sufficient, together with other
funds on deposit in the debt service fund for the Refunded 2004A Bonds, to pay the
principal and any accrued interest due on the Prior 2004A Bonds on the Call Date. Any
monies remaining in the Payment Account after payment of the Refunded 2004A Bonds
shall be transferred to the Debt Service Subaccount.
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City Council Meeting Minutes 21
(b) Escrow Account. The Escrow Account is established for the Refunded
2004B Improvement Bonds and shall be maintained as an escrow account with U.S.
Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a
suitable financial institution within or without the State. $1,968,279.01 in proceeds of the
sale of the Prior 2004B Improvement Bonds Refunding Portion 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. $46,629.04 in proceeds of the sale of the Prior 2004A Bonds
Refunding Portion shall be received by the Escrow Agent to pay costs of issuing the
Bonds. Proceeds of the Prior 2004B Improvement Bonds Refunding Portion and the
Prior 2004A Bonds Refunding Portion of the Bonds not used to pay costs of issuance or
any Bond proceeds returned to the City 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 Prior 2004B Improvement Refunding Portion of
the Bonds to and including the Crossover Date; and (ii) to pay when called for
redemption on the Crossover Date, the principal amount of the Refunded 2004B
Improvement Bonds. The Escrow Account shall be irrevocably appropriated to the
payment of (i) all interest on the Prior 2004B Improvement Bonds Refunding Portion of
the Bonds to and including the Crossover Date, and (ii) the principal of the Refunded
2004B Improvement Bonds due by reason of their call for redemption on the Crossover
Date. 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 the Escrow Agreement, by and between
the City and Escrow Agent (the "Escrow Agreement"), a form of which is on file in the
office of the Finance Manager. Any moneys remitted to the City upon termination of the
Escrow Agreement shall be deposited in the Debt Service Account.
(c) Debt Service Account
(i)
. There shall be maintained the following separate
subaccounts in the Debt Service Account to be designated the "Improvement Debt
Service Subaccount" and the "Tax Levy 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:
Improvement Debt Service Subaccount. To the Improvement
Debt Service Subaccount there is hereby pledged and irrevocably appropriated
and there shall be credited: (1) after the Crossover Date, all uncollected special
assessments pledged to the payment of the Prior 2004B Improvement Bonds; (2)
After the Call Date, all uncollected special assessments pledged to the payment
of the Special Assessment and Tax Levy Refunding Portion of the Prior 2004A
Bonds; (3) a proportionate share of any accrued interest received upon delivery
of the Bonds; (4) any collections of all taxes heretofore or hereafter levied for the
payment of the Prior 2004B Improvement Bonds and interest thereon and for the
payment of the Special Assessment and Tax Levy Refunding Portion of the Prior
2004A Bonds and interest thereon which are not needed to pay the Prior 2004B
Improvement Bonds as a result of the Crossover Refunding and not needed to
pay the Prior 2004A Bonds as a result of the current refunding; (5) all investment
earnings on funds in the Improvement Debt Service Subaccount; and (6) any
balance remitted to the City upon the termination of the Escrow Agreement; (7)
any and all other moneys which are properly available and are appropriated by
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City Council Meeting Minutes 22
the governing body of the City to the Improvement Debt Service Subaccount.
The amount of any surplus remaining in the Improvement Debt Service
Subaccount when the Prior 2004B Improvement Bonds Refunding Portion of the
Bonds and interest thereon are paid and when the Special Assessment and Tax
Levy Refunding Portion of the Prior 2004A Bonds Refunding Portion of the
Bonds and interest thereon are paid shall be used consistent with Minnesota
Statutes, Section 475.61, Subdivision 4. The moneys in the Improvement Debt
Service Subaccount shall be used solely to pay the principal of and interest on
the Prior 2004B Improvement Bonds Refunding Portion of the Bonds and the
Special Assessment and Tax Levy Refunding Portion of the Prior 2004A
Refunding Portion of the Bonds or any other bonds hereafter issued and made
payable from the Fund.
(ii) Tax Levy Debt Service Subaccount
17.
. To the Tax Levy Debt
Service Account there is hereby pledged and irrevocably appropriated and there
shall be credited: (1) any collections of all taxes heretofore or hereafter levied or
collected for the payment of the Tax Levy Refunding Portion of the Prior 2004A
Bonds Refunding Portion of the Bonds and interest thereon which are not
needed to pay the Tax Levy Refunding Portion of the Prior 2004A Bonds
Refunding Portion of the Bonds as a result of the current Refunding; (2) all
investment earnings on funds held in the Tax Levy Debt Service Subaccount;
and (3) any and all other moneys which are properly available and are
appropriated by the governing body of the City to the Tax Levy Debt Service
Subaccount. The Tax Levy Debt Service Subaccount shall be used solely to pay
the principal and interest and any premiums for redemption of the Tax Levy
Refunding Portion of the Prior 2004A Bonds Refunding Portion of the Bonds and
any other general obligation bonds of the City hereafter issued by the City and
made payable from said account as provided by law.
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 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 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").
Covenants Relating to the Prior 2004A Bonds Refunding Portion of the
November 14, 2013
City Council Meeting Minutes 23
Bonds and the Prior 2004B Improvement Bonds Refunding Portion.
(a) Special Assessments. The City has heretofore levied special
assessments pursuant to the Prior 2004A Bonds Resolution, which were pledged to the
payment of the principal and interest on the Special Assessment and Tax Levy
Refunding Portion of the Prior 2004A Bonds and, after the Call Date, the uncollected
special assessments for the Special Assessment and Tax Levy Refunding Portion of the
Prior 2004A Bonds are now pledged to the payment of principal and interest on the
Special Assessment and Tax Levy Refunding Portion of the Prior 2004A Bonds
Refunding Portion of the Bonds. The City has heretofore levied special assessments
pursuant to the Prior 2004B Improvement Bonds Resolution, which were pledged to the
payment of the principal and interest on the Prior 2004B Improvement Refunding Portion
of the Prior 2004B Improvement Bonds and, after the Crossover Date, the uncollected
special assessments for the Prior 2004B Improvement Refunding Portion of the Bonds
are now pledged to the payment of principal and interest on the Prior 2004B
Improvement Bonds Refunding Portion of the Bonds. The special assessments are
such that if collected in full they, together with estimated collections of taxes herein
pledged for the payment of the Special Assessment and Tax Levy Refunding Portion of
the Prior 2004A Bonds Refunding Portion of the Bonds and Prior 2004B Improvement
Bonds Refunding 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 Special
Assessment and Tax Levy Refunding Portion of the Prior 2004A Bonds Refunding
Portion of the Bonds and the Prior 2004B Improvement Bonds Refunding Portion of the
Bonds. The special assessments were levied as provided below, payable in equal,
consecutive, annual installments, with general taxes for the years shown below and with
interest on the declining balance of all such assessments at the rate shown opposite
such years:
Improvement Designations Amounts Interest Rate
See attached schedules
(b)
Collection Years
Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide
moneys for payment of the principal and interest on the Special Assessment and Tax
Levy Refunding Portion of the Prior 2004A Bonds Refunding Portion of the Bonds and
the Prior 2004B Improvement Bonds Refunding 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 Levy Years of Tax Collection
See attached schedule
Amounts
The tax levies are such that if collected in full they, together with estimated
collections of special assessments and any other revenues herein pledged for the
payment of the Special Assessment and Tax Levy Refunding Portion of the Prior 2004A
Bonds Refunding Portion of the Bonds and Prior 2004B Improvement Bonds Refunding
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 Special Assessment and
Tax Levy Refunding Portion of the Prior 2004A Bonds Refunding Portion of the Bonds
November 14, 2013
City Council Meeting Minutes 24
and the Prior 2004B Improvement Bonds Refunding Portion of the Bonds. The tax
levies shall be irrepealable so long as any of the Special Assessment and Tax Levy
Refunding Portion of the Prior 2004A Bonds Refunding Portion of the Bonds and Prior
2004B Improvement Bonds Refunding 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.
Upon payment of the Special Assessment and Tax Levy Refunding Portion of the
Prior 2004A Bonds, the uncollected taxes levied in the Prior 2004A Bonds Resolution
authorizing the issuance of the Prior 2004A Bonds which are not needed to pay the Prior
2004A Bonds as a result of the Current Refunding shall be canceled. Upon payment of
the Prior 2004B Improvement Bonds, the uncollected taxes levied in the Prior 2004B
Improvement Bonds Resolution authorizing the issuance of the Prior 2004B
Improvement Bonds which are not needed to pay the Prior 2004B Improvement Bonds
as a result of the Crossover Refunding shall be canceled.
(c) General Obligation Pledge. For the prompt and full payment of the
principal and interest on the Special Assessment and Tax Levy Refunding Portion of the
Prior 2004A Bonds Refunding Portion of the Bonds and the Prior 2004B Improvement
Bonds Refunding Portion of 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 Improvement Debt Service Subaccount is ever insufficient to pay all
principal and interest then due on the Special Assessment and Tax Levy Refunding
Portion of the Prior 2004A Bonds Refunding Portion of the Bonds and Prior 2004B
Improvement Bonds Refunding Portion of the Bonds and any other bonds payable
therefrom, the deficiency shall be promptly paid out of any other funds of the City which
are available for such purpose, and such other funds may be reimbursed with or without
interest from the Improvement Debt Service Subaccount when a sufficient balance is
available therein.
18. Covenants Relating to the Tax Levy Refunding Portion of the Prior 2004A
Bonds Refunding Portion of the Bonds.
(a) Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide
moneys for payment of the principal and interest on the Tax levy Refunding Portion of
the Prior 2004A Bonds Refunding 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 Levy Years of Tax Collection
See attached schedule
Amounts
The tax levies are such that if collected in full they, together with estimated
collections of special assessments and any other revenues herein pledged for the
payment of the Tax Levy Refunding Portion of the Prior 2004A Bonds Refunding 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 Tax Levy Refunding Portion of the
Prior 2004A Bonds Refunding Portion of the Bonds. The tax levies shall be irrepealable
so long as any of the Tax Levy Refunding Portion of the Prior 2004A Bonds Refunding
November 14, 2013
City Council Meeting Minutes 25
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.
Upon payment of the Tax Levy Refunding Portion of the Prior 2004A Bonds, the
uncollected taxes levied in the Tax Levy Refunding Portion of the Prior 2004A Bonds
Resolution authorizing the issuance of the Prior 2004A Bonds which are not needed to
pay the Prior 2004A Bonds as a result of the Current Refunding shall be canceled.
(b) General Obligation Pledge. For the prompt and full payment of the
principal and interest on the Tax Levy Refunding Portion of the Prior 2004A Bonds
Refunding Portion of 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 Tax Levy Debt Service Subaccount is ever insufficient to pay all principal
and interest then due on the Tax Levy Refunding Portion of the Prior 2004A Bonds
Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency
shall be promptly paid out of any other funds of the City which are available for such
purpose, and such other funds may be reimbursed with or without interest from the
Improvement Debt Service Subaccount when a sufficient balance is available therein.
19. 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.
20. Defeasance
21.
. When all Bonds have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the
registered holders of the Bonds shall, to the extent permitted by law, cease. The City
may discharge its obligations with respect to any Bonds which are due on any date by
irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for
the payment thereof in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit. The City
may also discharge its obligations with respect to any prepayable Bonds called for
redemption on any date when they are prepayable according to their terms, by
depositing with the Bond Registrar on or before that date a sum sufficient for the
payment thereof in full, provided that notice of redemption thereof has been duly given.
The City may also at any time discharge its obligations with respect to any Bonds,
subject to the provisions of law now or hereafter authorizing and regulating such action,
by depositing irrevocably in escrow, with a suitable banking institution qualified by law as
an escrow agent for this purpose, cash or securities described in Minnesota Statutes,
Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates
and maturing on such dates as shall be required, without regard to sale and/or
reinvestment, to pay all amounts to become due thereon to maturity or, if notice of
redemption as herein required has been duly provided for, to such earlier redemption
date.
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
November 14, 2013
City Council Meeting Minutes 26
determines that the Escrow Agent is a suitable financial institution to act as escrow
agent.
22. Redemption of Refunded Bonds. The Clerk is hereby authorized and
directed to give a mailed notice of redemption prior to the Call Date, to the paying agent
for the Refunded 2004A Bonds in substantially the form attached hereto as Exhibit A,
which terms and conditions are hereby approved and incorporated herein by reference.
The Refunded 2004B Improvement Bonds shall be redeemed and prepaid on the
Crossover Date in accordance with the terms and conditions set forth in the Notice of
Call for Redemption, in substantially the form attached to the Escrow Agreement, which
terms and conditions are hereby approved and incorporated herein by reference.
23. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor
and Finance Manager shall, and are hereby authorized and directed to, execute the
Escrow Agreement on behalf of the City. 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.
24. Purchase of SLGS or Open Market Securities. The Escrow Agent, as
agent for the City, is hereby authorized and directed to purchase on behalf of the City
and in its name the appropriate United States Treasury Securities, State and Local
Government Series and/or open market securities as provided in paragraph 21, from the
proceeds of the Prior 2004B Improvement Bonds Refunding Portion of the Bonds, 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.
25. Certificate of Registration. The Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Ramsey County, Minnesota, together
with such other information as each County Auditor shall require, and to obtain the
County Auditor's Certificate from each County that the Bonds have been entered in the
County Auditor's Bond Register and that the tax levy required by law has been made.
26. 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 re furnished, shall be deemed
representations of the City as to the facts recited therein.
27. Negative Covenant as to Use of Proceeds and Projects
28.
. The City hereby
covenants not to use the proceeds of the Bonds or to use the projects originally 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 projects, 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.
Continuing Disclosure. The City is the sole obligated person with respect
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City Council Meeting Minutes 27
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 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 occurrence.
(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.
(e) 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.
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 Issuer)
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.
(d) the reasonably anticipated amount of tax exempt obligations (other than
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;
November 14, 2013
City Council Meeting Minutes 28
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 2013 will not exceed $10,000,000;
(e) not more than $10,000,000 of obligations issued by the City during this
calendar year 2013 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.
31. Official Statement. The Official Statement relating to the Bonds prepared
and distributed by the Springsted Incorporated is hereby approved and the officers of the
City are authorized in connection with the delivery of the Bonds to sign such certificates
as may be necessary with respect to the completeness and accuracy of the Official
Statement.
32. Supplemental Resolution. The Prior Resolutions are hereby
supplemented to the extent necessary to give effect to the provisions hereof.
33. 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.
34. Headings
J. NEW BUSINESS
. 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.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of Resolution for Community Development Fees for 2014
Building Official Fisher gave the staff report and answered questions of the council.
Councilmember Juenemann moved to approve the resolution setting the 2014 Building
Permit Fees and the 2014 Community Development Charges.
Resolution 11-13-1003
COMMUNITY DEVELOPMENT FEES
HEREAS, the Maplewood City Council has performed their annual evaluation of
the fees charged by the city for building permits, planning reviews and restaurant
inspections;
November 14, 2013
City Council Meeting Minutes 29
HEREAS, the Maplewood City Council hereby sets the following fees listed in the
table entitled Table A-1 Building Permit Fees;
HEREAS, the Maplewood City Council hereby sets the Community Development
Service Charges for planning and health related fees as outlined on the fee chart entitled
2014 Community Development Service Charges
2. Approval of a Resolution Calling a Public Hearing on the Proposed
Adoption of a Modification to the Development Program for Development
District No. 1, the Proposed Establishment of Tax Increment Financing
(Housing) District No. 1-13 Therein, and the Proposed Adoption of a Tax
Increment Financing Plan
;
OW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt the
above mentioned 2014 fee amounts.
Maplewood City council approved this resolution on November 14, 2013.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Assistant City Manager Coleman gave a brief introduction and answered questions of
the council. Tom Dunaway from Springsted, Inc. gave the presentation on the proposed
TIF (Housing) District No. 1-13, Londin Lane Project.
City Attorney Kantrud answered questions of the council City Manager Ahl answered
additional questions of the council. Mark Jenkins, HEDC Commissioner was present
and addressed the council to give a brief report from the HEDC Commission.
Mayor Rossbach
1.
moved to approve the resolution calling for a Public Hearing on
December 9, 2013 to consider modification to the development program for
Development District No. 1, the proposed establishment of Tax Increment Financing
(Housing) District No. 1-13 Therein, and the proposed adoption of a Tax Increment
Financing Plan.
Resolution 11-13-1004
RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF A
MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT
DISTRICT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT
FINANCING (HOUSING) DISTRICT NO. 1-13 THEREIN AND THE PROPOSED
ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood,
Minnesota (the “City”), as follows:
Public Hearing. This Council shall meet on December 9, 2013, at approximately
7:00 p.m., to hold a public hearing on the following matters: (a) the proposed adoption of
a Modification to the Development Program for Development District No. 1; (b) the
proposed establishment of Tax Increment Financing (Housing) District No. 1-13 therein;
November 14, 2013
City Council Meeting Minutes 30
and (c) the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant
to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both
inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1794,
both inclusive, as amended (collectively, the “Act”).
2. Notice of Hearing; Program Modification and Plan. The City Manager is hereby
authorized to cause a notice of the hearing, substantially in the form attached hereto as
Exhibit A, to be published as required by the Act and to place a copy of the proposed
Modification to the Development Program and Tax Increment Financing Plan on file in
the Manager’s Office at City Hall and to make such copies available for inspection by the
public.
3. Consultation with Other Taxing Jurisdictions
3. Approval of Resolution Canvassing the Results of the November 5, 2013
Municipal General Election
. The City Manager is hereby
directed to mail a notice of the public hearing and a copy of the Tax Increment Financing
Plan to Ramsey County and Independent School District No. 622 informing those taxing
jurisdictions of the estimated fiscal and economic impact of the establishment of the
proposed tax increment financing district.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
City Manager Ahl gave the staff report.
Councilmember Koppen moved to approve the Resolution Canvassing the Results of the
November 5, 2013 Municipal General Election.
Resolution 13-11-1005
CANVASS OF ELECTION
RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota,
acting as a canvassing board on November 14, 2013, hereby declares the following
results from the November 5, 2013 Municipal General Election.
Mayor:
Diana Longrie 1803
Nora Slawik 3777
Councilmembers:
Marylee Abrams 2988
Margaret Ann Behrens 2294
Rebecca Cave 2307
Kathleen Juenemann 2891
Receiving the highest number of votes in the election for Mayor is Nora Slawik. Marylee
Abrams and Kathleen Juenemann received the highest number of votes for the office of
Councilmember. All elected terms are for four years.
November 14, 2013
City Council Meeting Minutes 31
A swearing-in and oath of office ceremony will take place on January 6, 2014.
A recording of write-in votes received can be found in the office of the city clerk.
Seconded by Mayor Rossbach Ayes – All
The motion passed.
4. Approval of Settlement for Damages in Condemnation Case – Cramer
Parcel
a. Declaration of Intent to Consider Closed Session (§13D.04 subd. 5)
City Attorney Kantrud gave the staff report.
Councilmember Juenemann moved to close the meeting for the purpose of discussing
settlement for damages in the Condemnation Case – Cramer Parcel per MN Statute
13D.04 subd.5.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Mayor Rossbach called the meeting back to order. City Attorney gave an overview of
the closed meeting discussion.
City Attorney Kantrud gave the staff report.
Councilmember Koppen
K. AWARD OF BIDS
moved to approve the settlement with Mr. Cramer in the
amount of $645.000.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
None
L. VISITOR PRESENTATION
None
M. ADMINISTRATIVE PRESENTATIONS
1. Council Calendar Update
City Manager Ahl gave an update to the council calendar.
2. Update on Progress Toward 2012-2014 City Council Goals
City Manager Ahl gave a presentation on the City Council progress towards 2012-2014
November 14, 2013
City Council Meeting Minutes 32
goals.
3. Cancellation of the December 2, 2013 Council Manager Workshop
Mayor Rossbach
N. COUNCIL PRESENTATIONS
moved to cancel the Council Manager Workshop scheduled for
December 2, 2013.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Video on Demand
Councilmember Cardinal reported on the new free Video on Demand service that the
Cable Franchise Commission will be offering.
2. Disability Forum
Councilmember Cardinal noted that Mayor Rossbach had attended the Disability Forum
at the Maplewood Library. Mayor Rossbach gave a brief overview of the event.
Councilmember Juenemann made further comments about disability transportation
problems indicating that individuals with disabilities have fewer options about where to
live because of transportation limitations. She further stated that the City needs to keep
individuals with disabilities informed about the availability of transportation options in
Maplewood.
3. Election Comments
Councilmember Cardinal congratulated Nora Slawik for being elected Mayor and Diana
Longrie for being a candidate. He also congratulated Marylee Abrams and Kathy
Juenemann for being elected as councilmembers. He also congratulated Rebecca Cave
and Margaret Ann Behrens for being candidates.
Councilmember Juenemann thanked the staff for conducting the election.
4. Parks System Plan Task Force
Councilmember Cardinal informed residents that there will be a parks system survey
conducted in early 2014. The three part survey will assist in the current planning of the
parks and for future park planning and sustainability. Information gathered from the
survey will assist the council in making decision about future projects.
5. Pension Costs
Councilmember Cardinal reported on an article that was in the paper about problems
with public employee pension costs and requested that the City review its pension
related costs in the near future.
November 14, 2013
City Council Meeting Minutes 33
O. ADJOURNMENT
Mayor Rossbach adjourned the meeting at 8:51 p.m.