HomeMy WebLinkAbout2022-05-23 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, May 23, 2022
City Hall, Council Chambers
Meeting No. 12-22
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was
called to order at 7:02 p.m. by Mayor Abrams.
Mayor Abrams reported on a busy Maplewood weekend which included the tree sale
pick up and spring clean-up. Councilmember Juenemann shared the statistics of the
clean-up event. Mayor Abrams and Councilmember Knutson also attended the Fire
OPS event at the Maplewood Fire Training Center and participated in different
firefighting exercises.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
William Knutson, Councilmember Present
Nikki Villavicencio, Councilmember Present
D. APPROVAL OF AGENDA
The following items were added to Council Presentations:
Thank You for City Clean-Up
Catalytic Converter Kits
Councilmember Knutson moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. May 09, 2022 City Council Workshop Meeting Minutes
Councilmember Juenemann moved to approve the May 09, 2022 City Council Workshop
Meeting Minutes as submitted.
Seconded by Councilmember Cave Ayes – All
The motion passed.
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2. May 09, 2022 City Council Meeting Minutes
Mayor Abrams corrected F2, Catalytic Converter Thefts to read: “for thefts of catalytic
converters”.
Councilmember Juenemann moved to approve the May 09, 2022 City Council Meeting
Minutes as amended.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar and reviewed other
topics of concern or interest requested by councilmembers.
2. Council Presentations
Thank You for City Clean-Up
Councilmember Juenemann thanked the Public Works Department and Police Reserves
for assisting with the event and commented on the participation and success of the
event.
Catalytic Converter Kits
Mayor Abrams shared that city hall has a limited number of catalytic converter kits
available for residents to apply to their vehicle, and shared there is a list on the city
website of the most at risk and targeted vehicles for catalytic converter thefts.
3. Resolution Awarding Pete Boulay the 2021 Maplewood Heritage Award
Communications Manager Sheeran gave the staff report. Mayor Abrams read the
resolution awarding Peter Boulay the 2021 Maplewood Heritage Award. Councilmember
Cave read the previously approved resolution awarding Janice Quick the 2020
Maplewood Heritage Award. Councilmember Villavicencio read the previously approved
resolution awarding Gary Bastian the 2019 Maplewood Heritage Award.
Councilmember Juenemann moved to approve the Resolution Awarding the 2021
Maplewood Heritage Award to Pete Boulay.
Resolution 22-05-2085
RESOLUTION AWARDING THE 2021 MAPLEWOOD HERITAGE
AWARD TO PETE BOULAY
WHEREAS, Pete Boulay, actively served on the Heritage Preservation
Commission from 1995 to 2021, serving as chair from 2011 to 2021;
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WHEREAS, Pete Boulay has been a member of the Maplewood Area Historical
Society, serving as President from 1997 to 2001;
WHEREAS, Pete Boulay was a dedicated volunteer at the Bruentrup Farm;
WHEREAS, Pete Boulay has authored or contributed to several published books,
articles and video productions, including Lost City of Gladstone: A History of Maplewood
from its Beginnings, 60 Stories of Maplewood, and History of the Gladstone Shops;
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, that Pete Boulay is hereby presented the Maplewood Heritage Award,
which recognizes an individual who has significantly contributed to preservation of
Maplewood history or historic sites through research, preservation, or education and
outreach.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
4. Resolution of Appreciation for HPC Commissioner Margaret Fett
Communications Manager Sheeran gave the staff report. Mayor Abrams read the
resolution of appreciation.
Councilmember Juenemann moved to approve the resolution of appreciation for
Margaret Fett.
Resolution 22-05-2086
RESOLUTION OF APPRECIATION
WHEREAS, Margaret Fett has been a member of the Maplewood Heritage
Preservation Commission from November 2017 to April 2022; and
WHEREAS, the Heritage Preservation Commission and the City Council
appreciate her experience, insights, and good judgment; and
WHEREAS, Ms. Fett has freely given of her time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, Ms. Fett has shown dedication to her duties and has consistently
contributed her leadership and efforts for the benefits of the City;
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens that Margaret Fett is hereby extended our
gratitude and appreciation for her dedicated service.
Seconded by Councilmember Cave Ayes – All
The motion passed.
5. Resolution for Commissioner Reappointment
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City Manager Coleman gave the staff report.
Councilmember Juenemann moved to approve the resolution for Commissioner
Reappointment.
Resolution 22-05-2087
RESOLUTION
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
Hereby appoints the following individual, who the Maplewood City Council has
reviewed, to be reappointed to the following commission:
Community Design Review Board
Ananth Shankar, term expires 4/30/2025
Seconded by Councilmember Knutson Ayes – All
The motion passed.
6. YMCA Annual Report
City Manager Coleman introduced the item. Mike Lavin, the YMCA Vice President of
Operations, addressed council and gave the presentation.
No Action Required.
7. Update on the Ponds of Battle Creek
Community Development Director Thomson gave the presentation.
No Action Required.
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
Agenda item G5 was pulled for discussion and separate vote. Agenda items G6 & G10
were highlighted.
Councilmember Juenemann moved to approve agenda items G1-G4 & G6-G10.
Seconded by Councilmember Cave Ayes – All
The motion passed.
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1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 866,240.20 Checks # 108947 thru # 108983
dated 05/10/22
$ 457,053.79 Checks # 108984 thru # 109010
dated 05/17/22
$ 1,041,393.48 Disbursements via debits to checking account
dated 05/02/22 thru 05/15/22
$ 2,364,687.47 Total Accounts Payable
PAYROLL
$ 647,465.88 Payroll Checks and Direct Deposits dated 05/13/22
$ 647,465.88 Total Payroll
$ 3,012,153.35 GRAND TOTAL
Seconded by Councilmember Cave Ayes – All
The motion passed.
2. Financial Report for the Month Ended April 30, 2022
No action required.
3. Resolution Adopting State Performance Measures
Councilmember Juenemann moved to approve the Resolution to Adopt the State
Performance Measures for 2022.
Resolution 22-05-2088
RESOLUTION ADOPTING STATE PERFORMANCE MEASURES
WHEREAS, Benefits to the City of Maplewood for participation in the
Minnesota Council on Local Results and Innovation’s comprehensive performance
measurement program are outlined in MS 6.91 and include eligibility for a
reimbursement as set by State statute; and
WHEREAS, Any city or county participating in the comprehensive performance
measurement program is also exempt from levy limits for taxes, if levy limits are in effect;
and
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WHEREAS, The City Council of Maplewood has adopted and implemented at
least 10 of the performance measures, as developed by the Council on Local Results
and Innovation, and a system to use this information to help plan, budget, manage and
evaluate programs and processes for optimal future outcomes; and
NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of
Maplewood will continue to report the results of the performance measures to its
citizenry by the end of the year through publication, direct mailing, posting on the city’s
website, or through a public hearing at which the budget and levy will be discussed and
public input allowed.
BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the
Office of the State Auditor the actual results of the performance measures adopted by
the city/county.
Seconded by Councilmember Cave Ayes – All
The motion passed.
4. Approval of Budgeted Transfers
Councilmember Juenemann moved to approve the transfers dated May 23, 2022 and
authorize the Finance Director to make the necessary accounting entries.
Seconded by Councilmember Cave Ayes – All
The motion passed.
5. Conditional Use Permit Review, Menards, 2280 Maplewood Drive
Community Development Director Thomson gave the staff report. Nick Brenner, from
Menards, addressed council and provided information.
Councilmember Juenemann moved to approve the CUP review for the Menards
redevelopment project, located at 2280 Maplewood Drive, for a period of six months.
Seconded by Councilmember Cave Ayes – All
The motion passed.
6. Conditional Use Permit Review, John Glenn Middle School, 1560 County
Road B East
Councilmember Juenemann moved to approve the CUP review for Independent School
District 622’s building addition and renovation to John Glenn Middle School, located at
1560 County Road B East, for one year.
Seconded by Councilmember Cave Ayes – All
The motion passed.
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7. Conditional Use Permit Review, Carver Elementary School, 2680 Upper Afton
Road East
Councilmember Juenemann moved to approve the CUP review for Independent School
District 622’s building addition and remodel at Carver Elementary, located at 2680 Upper
Afton Road East, for one year.
Seconded by Councilmember Cave Ayes – All
The motion passed.
8. Conditional Use Permit Review, Cassia Senior Housing Facility, 1438 County
Road C East
Councilmember Juenemann moved to approve the CUP review for Cassia’s new senior
housing facility, located at 1438 County Road C East, for one year.
Seconded by Councilmember Cave Ayes – All
The motion passed.
9. Conditional Use Permit Review, Saint John’s Hospital, 1575 Beam Avenue
East
Councilmember Juenemann moved to approve the CUP review for Saint John’s
Hospital’s building expansion, located at 1575 Beam Avenue East, for one year.
Seconded by Councilmember Cave Ayes – All
The motion passed.
10. Resolution Approving Grant Agreement To State Transportation Fund Local
Road Improvement Program Grant Terms and Conditions SAP 138-141-001,
McMenemy Street Improvements, City Project 21-02
Councilmember Juenemann moved to approve the resolution for the Grant Agreement to
State Transportation Fund Local Road Improvement Program Grant Terms and
Conditions, SAP 138-141-001, McMenemy Street Improvements, City Project 21-02 and
authorize the Mayor and City Manager to sign the attached resolution and LRIP Grant
Agreement. Minor revisions as approved by the City Attorney are authorized as needed.
Resolution 22-05-2089
GRANT AGREEMENT TO STATE TRANSPORTATION FUND
LOCAL ROAD IMPROVEMENT PROGRAM
GRANT TERMS AND CONDITIONS
SAP 138-141-001
WHEREAS, the City of Maplewood has applied to the Commissioner of
Transportation for a grant from the Minnesota State Transportation Fund for Local Road
Improvement; and
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WHEREAS, the Commissioner of Transportation has given notice that funding for
this project is available; and
WHEREAS, the amount of the grant has been determined to be $1,250,000.00
by reason of the lowest responsible bid;
NOW THEREFORE, be it resolved that the City of Maplewood does hereby
agree to the terms and conditions of the grant consistent with Minnesota Statutes,
section 174.52 and will pay any additional amount by which the cost exceeds the
estimate, and will return to the Minnesota State Transportation Fund any amount
appropriated for the project but not required. The proper city officers are authorized to
execute a grant agreement and any amendments thereto with the Commissioner of
Transportation concerning the above-referenced grant.
Seconded by Councilmember Cave Ayes – All
The motion passed.
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
None
otion passed
I. UNFINISHED BUSINESS
1. Resolution Awarding the Sale of G.O. Improvement Bonds, Series 2022A
Finance Director Paulseth gave the staff report. Jason Aarsvold, Senior Municipal
Advisor with Ehlers addressed the council and provided further information.
Councilmember Juenemann moved to adopt the Resolution Awarding the Sale of
General Obligation Improvement Bonds, Series 2022A, in the Original Aggregate
Principal Amount of $2,925,000; Fixing Their Form and Specifications; Directing Their
Execution and Delivery; and Providing for Their Payment.
Resolution 22-05-2090
A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2022A, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF
$2,925,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
BE IT RESOLVED by the City Council of the City of Maplewood, Ramsey County,
Minnesota (the “City”), as follows:
Section 1. Sale of Bonds.
1.01 Authority. It is hereby determined that:
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(a) Certain assessable public improvements within the City, including but not
limited to the projects designated by the City as Cope Avenue Improvements, City Project
21-06, and McMenemy Street Improvement Project, City Project 21-02 (collectively, the
“Improvements”), have been made, duly ordered or contracts have been let for the
construction thereof pursuant to the provisions of Minnesota Statutes, Chapters 429
and 475, as amended (collectively, the “Act”).
(b) It is necessary and expedient to the sound financial management of the
affairs of the City to issue its General Obligation Improvement Bonds, Series 2022A (the
“Bonds”), in the original aggregate principal amount of $2,925,000, pursuant to the Act, to
provide financing for the Improvements.
(c) The City is authorized by Section 475.60, subdivision 2(9) of the Act to
negotiate the sale of the Bonds, it being determined that the City has retained an
independent municipal advisor in connection with such sale. The actions of the City staff
and the City’s municipal advisor in negotiating the sale of the Bonds are ratified and
confirmed in all aspects.
1.02. Award to the Purchaser and Interest Rates. The proposal of Robert W. Baird & Co.,
Inc., Milwaukee, Wisconsin (the “Purchaser”), to purchase the Bonds of the City is hereby found
and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase
the Bonds at a price of $3,020,023.80 (the par amount of $2,925,000.00, plus original issue
premium of $117,739.00, less underwriter’s discount of $22,715.20), plus accrued interest, if any,
to the date of delivery, for Bonds bearing interest as follows:
Year Interest Rate Year Interest Rate
2024 4.000% 2030 4.000%
2025 4.000 2031 4.000
2026 4.000 2032 3.000
2027 4.000 2034* 4.000
2028 4.000 2036* 3.500
2029 4.000 2038* 3.500
______________________
*Term Bond
True interest cost: 3.2740802%
1.03. Purchase Contract. Any amount paid by the Purchaser in excess of the minimum
purchase price, shall be credited to the Debt Service Fund hereinafter created or deposited in the
Construction Fund hereinafter created, as determined by the City’s Finance Director (the “Finance
Director”) in consultation with the City’s municipal advisor. The Finance Director is directed to
retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to
return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are
directed to execute a contract with the Purchaser on behalf of the City.
1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell
the Bonds pursuant to the Act in the total principal amount of $2,925,000, originally dated June
15, 2022, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-
1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years
and amounts as follows:
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Year Amount Year Amount
2024 $145,000 2030 $185,000
2025 $155,000 2031 $200,000
2026 $155,000 2032 $200,000
2027 $165,000 2034* $420,000
2028 $170,000 2036* $460,000
2029 $180,000 2038* $490,000
______________________
*Term Bond
1.05. Optional Redemption. The City may elect on February 1, 2031, and on any day
thereafter to prepay the Bonds maturing on or after February 1, 2032. Redemption may be in whole
or in part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section
7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the
amount of each participant’s interest in such maturity to be redeemed and each participant will then
select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will
be at a price of par plus accrued interest.
1.06. Mandatory Redemption; Term Bond. The Bonds maturing on February 1, 2034,
February 1, 2036, and February 1, 2038 shall hereinafter be referred to as the “Term Bonds.” The
principal amount of the Term Bonds subject to mandatory sinking fund redemption on any date may
be reduced through earlier optional redemptions, with any partial redemptions of the Term Bonds
credited against future mandatory sinking fund redemptions of such Term Bond in such order as the
City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall
be redeemed in part at par plus accrued interest on February 1 of the following years and in the
principal amounts as follows:
Sinking Fund Installment Date Principal Amount
February 1, 2034 Term Bond
2033 $205,000
2034* 215,000
____________________
* Maturity
February 1, 2036 Term Bond
2035 $225,000
2036* 235,000
____________________
* Maturity
February 1, 2038 Term Bond
2037 $240,000
2038* 250,000
____________________
* Maturity
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Section 2. Registration and Payment.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid
or made available for payment, unless (i) the date of authentication is an interest payment date
to which interest has been paid or made available for payment, in which case the Bond will be
dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest
payment date, in which case the Bond will be dated as of the date of original issue. The interest
on the Bonds is payable on February 1 and August 1 of each year, commencing February 1,
2023, to the registered owners of record thereof as of the close of business on the fifteenth day
of the immediately preceding month, whether or not that day is a business day.
2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of
the City and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed
by the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar will authenticate
and deliver, in the name of the designated transferee or transferees, one or more new
Bonds of a like aggregate principal amount and maturity, as requested by the transferor.
The Registrar may, however, close the books for registration of any transfer after the
fifteenth day of the month preceding each interest payment date and until that interest
payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the
owner’s attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be
promptly cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improper or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
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(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name a Bond is registered in the bond register as the absolute owner of the
Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on
account of, the principal of and interest on the Bond and for all other purposes and
payments so made to the registered owner or upon the registered owner’s order will be
valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the
sum or sums so paid.
(g) Taxes, Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar
for any tax, fee or other governmental charge required to be paid with respect to the
transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated
or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or
indemnity in form, substance and amount satisfactory to it and as provided by law, in which
both the City and the Registrar must be named as obligees. Bonds so surrendered to the
Registrar will be cancelled by the Registrar and evidence of such cancellation must be
given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or
been called for redemption in accordance with its terms it is not necessary to issue a new
Bond prior to payment.
(i) Redemption. In the event any of the Bonds are called for redemption, notice
thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy
of the redemption notice by first class mail (postage prepaid) to the registered owner of each
Bond to be redeemed at the address shown on the registration books kept by the Registrar
and by publishing the notice if required by law. Failure to give notice by publication or by mail
to any registered owner, or any defect therein, will not affect the validity of the proceedings
for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after
the specified redemption date, provided that the funds for the redemption are on deposit with
the place of payment at that time.
2.04. Appointment of Initial Registrar. The City appoints Bond Trust Services
Corporation, Roseville, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon
merger or consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon thirty (30) days’ notice and upon the appointment of a successor Registrar, in
which event the predecessor Registrar must deliver all cash and Bonds in its possession to the
successor Registrar and must deliver the bond register to the successor Registrar. On or before
each principal or interest due date, without further order of the City Council, the City Manager
must transmit to the Registrar money sufficient for the payment of all principal and interest then
due.
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2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor
and the City Manager, provided that those signatures may be printed, engraved or lithographed
facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears
on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile
will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained
in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for
any purpose or entitled to any security or benefit under this resolution unless and until a certificate
of authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be
signed by the same representative. The executed certificate of authentication on a Bond is
conclusive evidence that it has been authenticated and delivered under this resolution. When the
Bonds have been so prepared, executed and authenticated, the City Manager will deliver the
same to the Purchaser upon payment of the purchase price in accordance with the contract of
sale heretofore made and executed, and the Purchaser is not obligated to see to the application
of the purchase price.
Section 3. Form of Bond.
3.01. Execution of the Bonds. The Bonds will be printed or typewritten in substantially
the form as attached hereto as EXHIBIT B.
3.02. Approving Legal Opinion. The City Manager is directed to obtain a copy of the
proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, and
to cause the opinion to be printed on or accompany each Bond.
Section 4. Payment; Security; Pledges and Covenants.
4.01. Debt Service Fund. The Bonds are payable from the General Obligation
Improvement Bonds, Series 2022A Debt Service Fund (the “Debt Service Fund”) hereby created,
and the proceeds of general taxes hereinafter levied (the “Taxes”) and special assessments levied
or to be levied (the “Assessments”) for the Improvements described herein are hereby pledged to
the Debt Service Fund. There is appropriated to the Debt Service Fund: (i) capitalized interest
financed from Bond proceeds, if any; (ii) any amount over the minimum purchase price of the Bonds
paid by the Purchaser, to the extent designated for deposit in the Debt Service Fund in
accordance with Section 1.03 hereof; (iii) all investment earnings on funds in the Debt Service
Fund; and (iv) certain available funds of the City appropriated to the payment of principal or
interest on the Bonds.
4.02. Construction Fund. The proceeds of the Bonds, less the appropriations made in
Section 4.01 hereof and costs of issuance paid pursuant to Section 4.08, together with any other
funds appropriated for the Improvements, the Assessments and the Taxes collected during the
construction of the Improvements, will be deposited in a separate construction fund (the
“Construction Fund”) to be used solely to defray expenses of the Improvements and the payment
of principal of and interest on the Bonds prior to the completion and payment of all costs of the
Improvements. Any balance remaining in the Construction Fund after completion of the
Improvements may be used to pay the cost in whole or in part of any other improvement instituted
under the Act under the direction of the City Council. When the Improvements are completed and
the cost thereof paid, the Construction Fund is to be closed and subsequent collections of
Assessments for the Improvements and any Taxes are to be deposited in the Debt Service Fund.
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4.03. City Covenants. It is hereby determined that the Improvements will directly and
indirectly benefit abutting property, and the City hereby covenants with the holders from time to
time of the Bonds as follows:
(a) It is hereby determined that the Improvements will directly and indirectly
benefit abutting property and other identified property, and that at least twenty percent (20%)
of the cost of the assessable Improvements described herein will be specially assessed
against benefited properties. The City has caused or will cause the Assessments for the
Improvements to be promptly levied so that the first installment will be collectible not later
than 2023 and will take all steps necessary to assure prompt collection, and the levy of
the Assessments is hereby authorized. The City Council will cause to be taken with due
diligence all further actions that are required for the construction of each Improvement
financed wholly or partly from the proceeds of the Bonds, and will take all further actions
necessary for the final and valid levy of the Assessments and the appropriation of any
other funds needed to pay the Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in Assessments and
Taxes, the City Council will levy additional ad valorem taxes in the amount of the current
or anticipated deficiency.
(c) The City will keep complete and accurate books and records showing
receipts and disbursements in connection with the Improvements, Assessments and
Taxes levied therefor and other funds appropriated for their payment, collections thereof
and disbursements therefrom, money on hand, and the balance of unpaid Assessments.
(d) The City will cause its books and records to be audited at least annually
and will furnish copies of such audit reports to any interested person upon request.
4.04. Pledge of Tax Levy. For the purpose of paying a portion of the principal of and
interest on the Bonds, there is levied a direct annual irrepealable ad valorem tax upon all of the
taxable property in the City, which will be spread upon the tax rolls and collected with and as part
of other general taxes of the City. The Taxes will be credited to the Debt Service Fund above
provided and will be in the years and amounts as attached hereto as EXHIBIT C.
4.05. General Obligation Pledge. For the prompt and full payment of principal of and
interest on the Bonds, as the same respectively become due, the full faith, credit, and taxing
powers of the City are irrevocably pledged. If a payment of principal of or interest on the Bonds
becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the
City Manager is directed to pay such principal or interest from the general fund of the City, and
the general fund will be reimbursed for those advances with or without interest from the Debt
Service Fund when a sufficient balance is available therein.
4.06. Certification to County Auditor as to Debt Service Fund Amount. It is hereby
determined that the estimated collections of Assessments and the foregoing Taxes will produce
at least five percent (5%) in excess of the amount needed to meet when due the principal and
interest payments on the Bonds. The tax levy herein provided for the Bonds is irrepealable until
all of the Bonds are paid, provided that at the time the City makes its annual tax levies the Finance
Director may certify to the Director of Property Records and Revenue of Ramsey County,
Minnesota (the “County Auditor”) the amount available in the Debt Service Fund to pay principal
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and interest due during the ensuing year, and the County Auditor will thereupon reduce the levy
collectible during such year by the amount so certified.
4.07. Certificate of County Auditor as to Registration. The City Manager is authorized
and directed to file a certified copy of this resolution with the County Auditor and to obtain the
certificate required by Section 475.63 of the Act.
4.08. Payment of Costs of Issuance. The City authorizes the Purchaser to deposit the
amount of Bond proceeds allocable to the payment of issuance expenses being paid on the
closing date in accordance with the closing memorandum prepared by City’s municipal adviser,
Ehlers & Associates, Inc. for further distribution by Ehlers & Associates, Inc.
Section 5. Authentication of Transcript.
5.01. City Proceedings and Records. The officers of the City are authorized and directed
to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies
of proceedings and records of the City relating to the Bonds and to the financial condition and
affairs of the City, and such other certificates, affidavits and transcripts as may be required to
show the facts within their knowledge or as shown by the books and records in their custody and
under their control, relating to the validity and marketability of the Bonds, and such instruments,
including any heretofore furnished, may be deemed representations of the City as to the facts
stated therein.
5.02. Certification as to Final Official Statement. The Mayor and the City Manager are
authorized and directed to certify that they have examined the Final Official Statement prepared
and circulated in connection with the issuance and sale of the Bonds and that to the best of their
knowledge and belief the Final Official Statement is a complete and accurate representation of
the facts and representations made therein as of the date of the Final Official Statement.
5.03. Other Certificates. The Mayor, the City Manager, and the Finance Director are
hereby authorized and directed to furnish to the Purchaser at the closing such certificates as are
required as a condition of sale. Unless litigation shall have been commenced and be pending
questioning the Bonds or the organization of the City or incumbency of its officers, at the closing
the Mayor and the City Manager shall also execute and deliver to the Purchaser a suitable
certificate as to absence of material litigation, and the Finance Director shall also execute and
deliver a certificate as to payment for and delivery of the Bonds.
5.04. Electronic Signatures. The electronic signature of the Mayor, City Manager, and
Finance Director, to this resolution or to any certificate authorized to be executed hereunder shall
be as valid as an original signature of such party and shall be effective to bind the City thereto.
For purposes hereof, (i) “electronic signature” means a manually signed original signature that is
then transmitted by electronic means; and (ii) “transmitted by electronic means” means sent in
the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other
replicating image attached to an electronic mail or internet message.
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Section 6. Tax Covenants.
6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to
time of the Bonds that it will not take or permit to be taken by any of its officers, employees or
agents any action which would cause the interest on the Bonds to become subject to taxation
under the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury
Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or
cause its officers, employees or agents to take, all affirmative action within its power that may be
necessary to ensure that such interest will not become subject to taxation under the Code and
applicable Treasury Regulations, as presently existing or as hereafter amended and made
applicable to the Bonds.
6.02. No Rebate. For purposes of qualifying for the small issuer exception to the federal
arbitrage rebate requirements, the City hereby finds, determines, and declares that the aggregate
face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all
subordinate entities of the City) during the calendar year in which the Bonds are issued and
outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of
Section 148(f)(4)(D) of the Code.
6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of
the Bonds or the Improvements financed by the Bonds or to cause or permit them or any of them
to be used, 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.
6.04. 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 makes the
following factual statements and representations:
(a) the Bonds are not “private activity bonds” as defined in Section 141 of the
Code;
(b) the City hereby designates the Bonds as “qualified tax-exempt obligations”
for purposes of Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by
the City (and all subordinate entities of the City) during calendar year 2022 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during
calendar year 2022 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. Procedural Requirements. The City will use its best efforts to comply with any
federal procedural requirements which may apply in order to effectuate the designations made by
this section.
6.06. Reimbursement. The City has or may have incurred certain expenditures with
respect to the Improvements that were financed temporarily from other sources but are expected to
be reimbursed with proceeds of the Bonds. The City hereby declares its intent to reimburse certain
costs of the Improvements from proceeds of the Bonds (the “Declaration”). This Declaration is
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intended to constitute a declaration of official intent for purposes of the Section 1.150-2 of the
Treasury Regulations promulgated under the Code.
Section 7. Book-Entry System; Limited Obligation of City.
7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten
or printed fully registered Bond for each of the maturities of the Bonds as described in Section
1.04 hereof. Upon initial issuance, the ownership of each Bond will be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository
Trust Company, New York, New York, and its successors and assigns (“DTC”). Except as
provided in this section, all of the outstanding Bonds will be registered in the registration books
kept by the Registrar in the name of Cede & Co., as nominee of DTC.
7.02. Participants. With respect to Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying
Agent will have no responsibility or obligation to any broker dealers, banks and other financial
institutions from time to time for which DTC holds Bonds as securities depository (the
“Participants”) or to any other person on behalf of which a Participant holds an interest in the
Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy
of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of
Bonds, as shown by the registration books kept by the Registrar) of any notice with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat
and consider the person in whose name each Bond is registered in the registration books kept by
the Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Registrar, and all such payments will be
valid and effectual to fully satisfy and discharge the City’s obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid.
No person other than a registered owner of Bonds, as shown in the registration books kept by the
Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon
delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the words “Cede & Co.” will refer to such new
nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy
of the same to the Registrar and Paying Agent.
7.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (the “Representation Letter”) which shall govern
payment of principal of, premium, if any, and interest on the Bonds and notices with respect to
the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the
Bonds will agree to take all action necessary for all representations of the City in the
Representation Letter with respect to the Registrar and Paying Agent, respectively, to be complied
with at all times.
7.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interests
in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon
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DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event
the City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the
City and discharging its responsibilities with respect thereto under applicable law. In such event,
if no successor securities depository is appointed, the City will issue and the Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC’s
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Disclosure.
8.01. Execution of Continuing Disclosure Certificate. “Continuing Disclosure Certificate”
means that certain Continuing Disclosure Certificate executed by the Mayor and the City Manager
and dated the date of issuance and delivery of the Bonds, as originally executed and as it may
be amended from time to time in accordance with the terms thereof.
8.02. City Compliance with Provisions of Continuing Disclosure Certificate. The City
hereby covenants and agrees that it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure
of the City to comply with the Continuing Disclosure Certificate is not to be considered an event
of default with respect to the Bonds; however, any Bondholder may take such actions as may be
necessary and appropriate, including seeking mandate or specific performance by court order, to
cause the City to comply with its obligations under this Section.
Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution to the
holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the
prompt and full payment of the principal of and interest on the Bonds will remain in full force and
effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar
on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit.
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EXHIBIT A
PROPOSALS
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EXHIBIT B
FORM OF BOND
No. R-_____ $________
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
GENERAL OBLIGATION IMPROVEMENT BOND
SERIES 2022A
Date of
Interest Rate Maturity Date Original Issue CUSIP
______, 20__ June 15, 2022
Registered Owner: Cede & Co.
The City of Maplewood, Minnesota, a duly organized and existing municipal corporation in
Ramsey County, Minnesota (the “City”), acknowledges itself to be indebted and for value received hereby
promises to pay to the Registered Owner specified above or registered assigns, the principal sum of
$__________ on the maturity date specified above, with interest thereon from the date hereof at the annual
rate specified above (calculated on the basis of a 360 day year of twelve 30 day months), payable February 1
and August 1 in each year, commencing February 1, 2023, to the person in whose name this Bond is
registered at the close of business on the fifteenth day (whether or not a business day) of the immediately
preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by Bond Trust Services
Corporation, Roseville, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating
Agent, or its designated successor under the Resolution described herein. For the prompt and full payment
of such principal and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2031, and on any day thereafter to prepay the Bonds due on or after
February 1, 2032. Redemption may be in whole or in part and if in part, at the option of the City and in such
manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will
notify The Depository Trust Company (“DTC”) of the particular amount of such maturity to be prepaid. DTC
will determine by lot the amount of each participant’s interest in such maturity to be redeemed and each
participant will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
The Bonds maturing on February 1, 2034, February 1, 2036, and February 1, 2038 shall hereinafter be
referred to as the “Term Bonds.” The principal amount of the Term Bonds subject to mandatory sinking fund
redemption on any date may be reduced through earlier optional redemptions, with any partial redemptions of
the Term Bonds credited against future mandatory sinking fund redemptions of such Term Bond in such order
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as the City shall determine. The Term Bonds are subject to mandatory sinking fund redemption and shall be
redeemed in part at par plus accrued interest on February 1 of the following years and in the principal amounts
as follows:
Sinking Fund Installment Date Principal Amount
February 1, 2034 Bond
2033 $205,000
2034* 215,000
____________________
* Maturity
February 1, 2036 Term Bond
2035 $225,000
2036* 235,000
____________________
* Maturity
February 1, 2038 Term Bond
2037 $240,000
2038* 250,000
____________________
* Maturity
This Bond is one of an issue in the original aggregate principal amount of $2,925,000, all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all
issued pursuant to a resolution adopted by the City Council on May 23, 2022 (the “Resolution”), for the
purpose of providing money to defray the expenses incurred and to be incurred in making certain assessable
local improvements, pursuant to and in full conformity with the Constitution and laws of the State of
Minnesota, including Minnesota Statutes, Chapters 429 and 475, as amended, and the principal hereof and
interest hereon are payable in part from special assessments against property specially benefited by local
improvements and in part from ad valorem taxes for the City’s share of the cost of the improvements, as
set forth in the Resolution to which reference is made for a full statement of rights and powers thereby
conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the
City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in
the event of any deficiency in special assessments and taxes pledged, which additional taxes may be levied
without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds
in denominations of $5,000 or any integral multiple thereof of single maturities.
The City Council has designated the issue of Bonds of which this Bond forms a part as “qualified
tax-exempt obligations” within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the “Code”) relating to disallowance of interest expense for financial institutions and within the
$10 million limit allowed by the Code for the calendar year of issue.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner
hereof in person or by the owner’s attorney duly authorized in writing, upon surrender hereof together with
a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner
or the owner’s attorney; and may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in
the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at
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the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving
payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any
notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions
and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen
and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding
general obligation of the City in accordance with its terms, have been done, do exist, have happened and
have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of
the City to exceed any constitutional or statutory limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the
Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by
manual signature of one of its authorized representatives.
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 or manual signatures of the
Mayor and City Manager and has caused this Bond to be dated as of the date set forth below.
Dated: June __, 2022
CITY OF MAPLEWOOD, MINNESOTA
(Facsimile) (Facsimile)
Mayor City Manager
_________________________________
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
BOND TRUST SERVICES CORPORATION
By
Authorized Representative
_________________________________
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
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TEN COM -- as tenants in common UNIF GIFT MIN ACT
_________ Custodian _________
(Cust) (Minor)
TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors
Act, State of _______________
JT TEN -- as joint tenants with right of
survivorship and not as tenants in common
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 all rights thereunder, and does
hereby irrevocably constitute and appoint _________________________ attorney to transfer the said Bond
on the books kept for registration of the within Bond, 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:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program (“STAMP”), the Stock Exchange Medallion Program (“SEMP”), the
New York Stock Exchange, Inc. Medallion Signatures Program (“MSP”) or other such “signature guarantee
program” as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or
MSP, all in accordance with the Securities Exchange Act of 1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information concerning the
assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is
held by joint account.)
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Please insert social security or other identifying
number of assignee
_________________________________
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the books
of the Registrar in the name of the person last noted below.
Signature of
Date of Registration Registered Owner Officer of Registrar
Cede & Co.
Federal ID #13-2555119
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EXHIBIT C
TAX LEVY SCHEDULE
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Seconded by Councilmember Cave Ayes – All
The motion passed.
J. NEW BUSINESS
1. Rental Licensing and Excessive Calls for Service
a. Ordinance Amending Maplewood City Code Pertaining to Licensing of Rental
Dwellings and Repeat Nuisance Service Calls
b. Resolution Authorizing Publication of Ordinance by Title and Summary (4
votes)
Community Development Thomson gave the staff report.
Councilmember Juenemann moved to adopt the Ordinance Amending Maplewood City Code
Pertaining to Licensing of Rental Dwellings and Repeat Nuisance Service Calls.
Ordinance 1030
AN ORDINANCE AMENDING CHAPTER 12 AND CHAPTER 24 OF THE MAPLEWOOD
CITY CODE PERTAINING TO LICENSING OF RENTAL DWELLINGS AND
REPEAT NUISANCE SERVICE CALLS
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. Section 12-600 of the Maplewood City Code is hereby amended as follows:
Sec. 12-600. Purpose.
It is the purpose of this chapter to protect the public health, safety and welfare of the
city by adopting a rental dwelling licensing, inspection, and maintenance program that corrects
substandard conditions, maintains standards for existing and newly constructed rental
dwellings, protects the safety of residents and the community and ensures neighborhood
stability in the city. The operation of rental properties is a business enterprise that includes
certain responsibilities. Rental dwelling owners and managers are responsible to take such
reasonable steps as are necessary to ensure that the residents who occupy such rental units,
as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of
life in surroundings that are safe, secure, sanitary, free from noise, nuisances and
annoyances, and free from unreasonable fears about safety of persons and property.
Section 2. Section 12-608 of the Maplewood City Code is hereby amended as follows:
Sec. 12-608. Tenant background checks and roster.
As a condition of the license, the licensee must, as a continuing obligation, conduct a
criminal background check on all prospective tenants and maintain a current roster of tenants
and other persons who have a lawful right to occupy the rental dwelling. The licensee must
designate the name of the person or persons who will have possession of the roster and must
promptly notify the city manager of any change in the identity, address or telephone numbers
of the designee. The roster must be available for inspection by city officials upon request. If a
person under investigation by the city claims a lawful right to occupy a rental dwelling or be
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present on the rental property, the city manager may request to inspect the lease for the unit
in which the person claims to reside. Upon such request, the licensee shall provide the lease
for inspection by the city manager and cooperate in identifying persons with a lawful right to
be present on the rental property.
Section 3. Section 12-614 of the Maplewood City Code is hereby amended as follows:
Sec. 12-614. Maintenance standards.
(a) It is the responsibility of the licensee to assure that every rental dwelling is
maintained in compliance with all city ordinances and state and federal laws. A
violation of any of the following City Code titles or chapters constitutes a
violation of this chapter and a public nuisance and may be abated under the
provisions of the Nuisances chapter (18-26) or Administrative Offenses chapter
(section 1-17) of City Code:
(1) Building and Building Regulations Code (chapter 12),
(2) Zoning Code (chapter 44),
(3) Animals Code (chapter 10),
(4) Fire Prevention and Protection Code (chapter 20),
(5) Offenses and Miscellaneous Provisions (chapter 24),
(6) Environment (chapter 18).
(b) Snow and ice removal. Rental dwellings containing four or more dwelling units
must remove snowfalls of one inch or more, or successive snowfalls
accumulating to a depth of one inch or more, from all walkways, sidewalks and
steps within 12 hours of cessation of the snowfall. Rental dwellings containing
four or more dwelling units must remove snowfalls of three inches or more, or
successive snowfalls accumulating to a depth of three inches or more from
parking aisles, parking areas, and drives within 72 hours of cessation of the
snowfall.
(c) Inspections. The building official, fire chief, police chief and their respective
representatives are authorized to make inspections reasonably necessary to
enforce this chapter. All authorized inspectors have the authority to enter any
rental dwelling at all reasonable times. Pursuant to Minn. Stats. § 504B.211, the
licensee is responsible for scheduling the inspection and notifying any existing
tenant of the inspection. The licensee must provide access to the requesting city
official at the date and time of the scheduled inspection. Failure to provide
access for any reason may result in a re-inspection fee, in addition to any other
sanctions imposed for noncompliance.
(d) Access by occupant. Each occupant of a rental dwelling shall give the licensee
or manager or authorized city official access to any part of such rental dwelling
at reasonable times for the purpose of inspection, maintenance, repairs or
alterations as are necessary to comply with the provisions of this chapter.
(e) Solid waste. Rental dwellings must comply with the Solid Waste Management
Ordinance (chapter 30) for trash and recycling collection.
Section 4. Section 12-615 of the Maplewood City Code is hereby amended as follows:
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Sec. 12-615. License denial, suspension, or revocation.
(a) Grounds for denial, suspension or revocation. The city manager may deny or
not renew a license and the city council may revoke or suspend a license for
any of the following reasons that shall also constitute a violation of this chapter:
(1) The property does not conform to City Code;
(2) The property does not comply with a health, building, maintenance, or
other provisions of the City Code or state law;
(3) The licensee has failed to pay the license fee, inspection fees, or a fine
that has been imposed;
(4) The licensee has made fraudulent statements, misrepresentations, or
false statements in the application or investigation or in any information
required by this chapter;
(5) The licensee has been convicted of a background check crime as defined
in Minn. Stats. § 299C.67, subd. 2, as may be amended from time to time,
or any crime related to the licensed business, and failure to show, by
competent evidence, rehabilitation and present fitness to perform the
duties of the business;
(6) Operating or allowing the rental property to be used in such a manner as
to constitute a breach of the peace, a menace to the health, safety, and
welfare of residents or the public, or a disturbance of the peace, comfort
or safety of the residents or the public, upon recommendation of the chief
of police;
(7) Actions unauthorized or beyond the scope of the license granted;
(8) The licensee's rental license to operate another rental dwelling in the City
of Maplewood or in another jurisdiction has been denied, revoked, or
suspended within the past year;
(9) Failure to schedule or allow inspections of the licensed premises for the
purpose of ensuring compliance with rental licensing requirements, City
Code requirements, state building codes, or other applicable state or
federal law;
(10) Failure to continuously comply with all conditions required in the approval
of the license;
(11) Real estate taxes or city fees for the property are delinquent;
(12) Violation of any regulation or provision of the City Code applicable to the
activity for which the license has been granted, or any regulation or state
or federal law that may be applicable;
(13) Excessive calls for service as determined by the chief of police under
section 1-15.5, or section 24-148 of the City Code based on the number
and nature of the calls compared to the number of dwelling units on the
property when the licensee has been notified of the calls by the chief of
police and the licensee has failed to supply an appropriate written action
plan for reducing the calls for service, or when the calls for service
exceed an established threshold a second time within 12 months of
completing an action plan for previously exceeding the threshold;
(14) Failure to actively pursue the eviction of tenants who have violated the
provisions of the crime free lease addendum or who have otherwise
created a nuisance in violation of the provisions of the written lease;
(15) Failure of the licensee to provide a copy of the lease or otherwise
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cooperate with the city manager in identifying individuals with a lawful
right to occupy a rental dwelling or to be present on the rental property; or
(16) Other good cause as determined by the city council after conducting a
public hearing.
(b) The city council may revoke a license or suspend a license for a set period of
time or until violations of City Code, or state or federal law are corrected and, in
addition, impose a civil penalty for each violation or impose a combination of
these sanctions.
(c) Temporary suspension. The city council may temporarily suspend a license
pending a hearing on the suspension or revocation when, in its judgment, the
public health, safety, and welfare is endangered by the continuance of the
licensed activity.
(d) Notice. Before the suspension or revocation of the rental license, the city must
provide written notice informing the licensee of the right to a hearing. The notice
must provide at least 20 calendar days notice of the time and place of the
hearing and must state the grounds for the proposed suspension or revocation
of the license. The notice may be served upon the licensee personally, by
leaving the notice at the licensed premises with the designated manager, or by
certified mail to the address listed on the license application.
(e) Hearing. A hearing will be conducted before the city council at a public meeting.
The licensee shall have the right to be represented by counsel, the right to
respond to the charged violations, and the right to present evidence through
witnesses. The rules of evidence do not apply to the hearing and the city council
may rely on all evidence it determines to be reasonably credible. The
determination to suspend or revoke the license shall be made upon a
preponderance of the evidence. It is not necessary that criminal charges be
brought in order to support a suspension or revocation of a license violation nor
does the dismissal or acquittal of such a criminal charge operate as a bar to
suspension or revocation.
(f) Final decision. Following the hearing, the council may revoke or suspend the
license for all or any part of the licensed premises, may stay the revocation or
suspension upon such terms and conditions as it deems reasonable and
necessary to accomplish the purposes of this chapter, or grant or continue the
license. If the council suspends or revokes the rental license, the council may
also order that any rent payable during the suspension or revocation period be
paid into an escrow account to be maintained by the city. The city may use the
escrowed funds to pay for the cost of abating violations at the property. Funds
that remain in the escrow account after paying for abatement items shall be
returned to the licensee upon the licensee receiving a valid rental license or
upon the sale of the rental to an unrelated purchaser and after the rental
dwelling has been brought into full compliance with City Code. The decision by
the city council following a hearing is final. Upon a decision to suspend a
license, no new application from the current licensee for the same rental
dwelling will be accepted for a period of time specified in the council's decision,
not exceeding one year. A decision to revoke a license will result in no new
application being accepted from the same licensee for a minimum of one year.
(g) Appeal of decision to deny or not renew license. If the city manager denies or
does not renew a license, the licensee shall be notified in writing, specifying the
reasons for denying or not renewing the license. If the licensee corrects the
conditions leading to the denial or non-renewal within seven days, the city
manager shall issue the license. A licensee whose license has been denied or
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31
not renewed by the city manager may appeal the decision by filing with the city
manager a written notice of appeal within seven days of receiving notice of the
city manager's decision. The hearing will be conducted pursuant to section 12-
615(e).
(h) Notification to tenants. Upon denial, suspension, revocation or other
enforcement action of a license, the city will notify all affected tenants of the
action against the license. If the license is revoked or suspended the licensee
may not let, rent or allow to be occupied any vacant dwelling units, or dwelling
units that become vacant during the revocation or suspension period.
Section 5. Section 24-147 of the Maplewood City Code is hereby amended as follows:
Sec. 24-147. Scope and application.
This section applies to the owner of any private property which is the subject or
location of repeat nuisance service calls by city officials, including locations in which persons
under investigation for criminal activity reside or seek refuge. This section applies to any
repeat nuisance service calls made by a city peace officer, part-time peace officer, community
service officer, animal control, or other designated city official.
Section 6. Effective Date. This Ordinance shall be effective following its adoption and
publication.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
Councilmember Juenemann moved to adopt the Resolution Authorizing Publication of the
Ordinance by Title and Summary. (Requires 4 votes).
Resolution 22-05-2091
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE
NO. 1030 BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.1030, an
ordinance amending Chapter 12 and Chapter 24 of the Maplewood city code pertaining to licensing
of rental dwellings and repeat nuisance service calls; and
WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is several pages in length; and
WHEREAS, the City Council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that
the City Clerk shall cause the following summary of Ordinance No.1030 to be published in the
official newspaper in lieu of the entire ordinance:
Public Notice
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The Maplewood City Council has adopted Ordinance No. 1030 which amends Chapter
12 and Chapter 24 of the Maplewood City Code pertaining to licensing of rental dwellings and
repeat nuisance service calls. The ordinance: (1) expands the purpose statement to explicitly
include protecting the safety of residents and the community; (2) requires property owners and
managers to cooperate with the city to identify persons that have a lawful right to reside and
be present on the rental property; (3) corrects the city code citation for excessive calls for
service to reference public safety calls for service; (4) expands the grounds for denial,
suspension or revocation of a license to include the failure of the licensee to provide a copy of
a tenant’s lease, if requested by the city, or failure to cooperate with the city in identifying
individuals with a lawful right to occupy a rental dwelling or be present on the rental property;
and (5) expands the scope and application of the excessive calls for service ordinance to
locations in which persons under investigation for criminal activity reside or seek refuge. The
ordinance is effective upon adoption and publication.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
2. Public Works Mutual Aid Agreements
a. Resolution Authorizing The Public Works Mutual Aid Pact
b. Resolution Authorizing The Public Works Equipment Loan Agreement
Public Works Director Love gave the staff report.
Councilmember Juenemann moved to approve the resolution authorizing the Public Works
Mutual Aid Pact and further authorize the Mayor and City Manager to sign the attached Public
Works Mutual Aid Pact.
Resolution 22-05-2092
RESOLUTION AUTHORIZING THE PUBLIC WORKS MUTUAL AID PACT
WHEREAS, this agreement provides a process for units of government to share public
works personnel and equipment with other agencies within the State of Minnesota; and
WHEREAS, the City of Maplewood desires to enter into said agreement which
becomes effective upon the execution of the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA hereby authorizes the public works mutual aid pact and the City Manager and
Mayor are authorized to sign said agreement.
Seconded by Councilmember Villavicencio Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the attached resolution authorizing the Public
Works Equipment Loan Agreement and further authorize the Mayor and City Manager to sign
the attached Public Works Equipment Loan Agreement.
Resolution 22-05-2093
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RESOLUTION AUTHORIZING THE PUBLIC WORKS EQUIPMENT LOAN AGREEMENT
WHEREAS, this agreement provides a process for units of government to loan public
works equipment with other agencies within the State of Minnesota; and
WHEREAS, the equipment can be loaned in response to emergencies or normal
operational needs; and
WHEREAS, the City of Maplewood has a resolution Authorizing The Public Works
Joint Powers Mutual Aid Agreement; and
WHEREAS, the City of Maplewood desires to enter said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA hereby authorizes the public works equipment loan agreement and the City
Manager and Mayor are authorized to sign said agreement.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
3. Resolution Adopting the Fencing Consortium Joint Powers Agreement
Public Safety Director Bierdeman gave the staff report.
Councilmember Juenemann moved to approve the resolution adopting the Fencing
Consortium Joint Powers Agreement.
Resolution 22-05-2094
RESOLUTION ADOPTING THE FENCING CONSORTIUM
JOINT POWERS AGREEMENT
WHEREAS, the governmental units in the state have experienced an increase in
incidences of civil unrest with violent and destructive actors who pose a threat to the public,
public personnel, buildings, and critical infrastructure; and
WHEREAS, the First Amendment of the United States Constitution protects the
freedom of speech, the press, and the right of the people peaceably to assemble, and to
petition the government for a redress of grievances; and
WHEREAS, recent experience has shown that the use of anti-scale fencing has
greatly de-escalated tension between law enforcement and protesters; and
WHEREAS, by de-escalating the tension, the anti-scale fencing helps to reduce the
trauma on the community, improve the safety for all, minimize the impact on neighboring
properties, and reduce the community resources that have to be committed to such events;
and
WHEREAS, governmental units have recognized the need to have ready access to
anti-scalable fencing as a tool for de-escalation and community safety while protecting against
violent and destructive actors; and
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WHEREAS, the best means for a governmental unit to access such fencing in a timely
and cost-effective manner is to work cooperatively with other governmental units; and
WHEREAS, the Fencing Consortium Joint Powers Agreement (“Fencing JPA”), which
is incorporated herein by reference, establishes a joint board to obtain and make available to
members anti-scalable fencing in response to critical incidences, sets out the powers of the
joint board, requires members to pay their share of the fencing costs and operational costs of
the Fencing Consortium, requires members to provide staffing to assemble and disassemble
the fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the
operation of the Fencing Consortium as a joint powers entity; and
WHEREAS, the governmental unit is a member of the Public Works Mutual Aid Pact
and is otherwise eligible to adopt the Fencing JPA; and
WHEREAS, it is in the best interests of the community to become a member and
participate in the Fencing Consortium.
NOW, THEREFORE, BE IS RESOLVED, by the governing body as follows:
1. The Fencing JPA is hereby approved and adopted.
2. The City Manager is authorized and directed to make nominations and to cast
votes on persons to be elected to the Fencing Consortium Board of Directors.
3. Staff are authorized and directed to do each of the following:
a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA
to indicate membership in the Fencing Consortium;
b. Designate a primary and secondary point of contact for the Fencing
Consortium for administrative purposes.
c. Coordinate with the other Fencing Consortium members and the Board on the
selection of staff from the public works department to serve on the fencing
deployment team; and
d. To take such other actions as may be needed to carry out the intent of this
Resolution and as may be required under the terms of the Fencing JPA.
Seconded by Councilmember Cave Ayes – All
The motion passed.
4. Resolution Approving Plans And Specifications And Advertising For Bids For The
Parkway Drive Improvements, City Project 21-09
Public Works Director Love gave the staff report.
Councilmember Juenemann moved to approve the resolution approving plans and
specifications and advertising bids for Parkway Drive Improvements, City Project 21-09.
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Resolution 22-05-2095
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ADVERTISING FOR BIDS
WHEREAS, the plans and specifications for the Parkway Drive Improvements, City
Project 21-09, have been prepared by (or under the direction of) the City Engineer, who has
presented such plans and specification to the City Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications are hereby approved and ordered placed on file in
the office of the City Engineer.
2. The City Clerk or office of the City Engineer shall prepare and cause to be
inserted into the official paper and Finance and Commerce an advertisement for
bids upon the making of such improvement under such approved plans and
specifications. The advertisement shall be published twice, at least twenty-one
days before the date set for bid opening, shall specify the work to be done, shall
state that bids will be received online only at QuestCDN.com until 10:00 A.M. on
the 11th day of July 2022, at which time the bids will be opened and publicly read
at the Office of the City Engineer, City of Maplewood, 1902 County Road B East,
Maplewood, MN 55109. A certified check or bid bond, payable to the City of
Maplewood, Minnesota for five percent of the amount of such bid is required.
3. The City Clerk and City Engineer are hereby authorized and instructed to receive,
open, and read aloud bids received at the time and place herein noted, and to
tabulate the bids received. The City Council will consider the bids, and the award
th
of a contract, at the regular City Council meeting of July 11, 2022.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 9:11 p.m.
Andrea Sindt, City Clerk
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