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HomeMy WebLinkAbout02-27-2006MINUTES MAPLEWOOD CITY COUNCIL 7:18 P.M. Monday, February 27, 2006 Council Chambers, City Hall Meeting No. 06-04 A. B. C. D. E CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:18 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present David Bartol, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach. Councilmember Present APPROVAL OF AGENDA M1. Thank you from Councilmember Bartol M2. Chinese Delegation Update G1. Park Board Appointments Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Hjelle Ayes-All APPROVAL OF MINUTES 1. Clarification of Minutes from the January 23, 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the January 23, 2006 City Council/Manager Workshop. Seconded by Councilmember Bartol Ayes-All 2. Minutes from the February 13, 2006 Council/Manager Workshop Mayor Longrie moved to approve the minutes from the Februarv 13, 2006 City Council/Manager Workshop. Seconded by Councilmember Hjelle Ayes-All 3. Minutes from the February 13`h and 16`h (continuation) 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the Februarv 13 and 16 (continuation) 2006 City Council Meeting. City Council Meeting 02-27-06 F G Seconded by Councilmember Hjelle VISITOR PRESENTATIONS None APPOINTMENTS/PRESENTATIONS Ayes-All Parks and Recreation Commission Appointments City Manager Fursman presented the report. Parks Director Anderson presented specifics from the report. H. Mayor Longrie moved to appoint Don Christenson, Michele Gran and Gaoly Yang for a three year term and Bruce Roman for a one year term to the Maplewood Parks and Recreation Commission. Seconded by Councilmember Bartol Ayes-Mayor Longrie, Councilmembers Bartol and Hjelle Nays-Councilmembers Juenemann and Rossbach CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1-3, 7, 9, 10. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to adopt consent agenda items 4 and 5. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to adopt consent agenda item 6. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to direct staff to re-evaluate the Sewer Use/Connection Agreement with the City of Woodburn (Consent Agenda Item 8) and bring back to council at the March 27`h City Council Meeting. Seconded by Councilmember Hjelle Ayes-All Councilmember Rossbach moved to direct staff to review the wording of the proposed purchasing policv (Consent agenda Item 11) and to include a price sheet in the policv for price comparisons which will a valid for six months and is required by the policv. Seconded by Councilmember Hjelle Ayes-All Councilmember Bartol moved to adopt Consent Agenda Item 12. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 02-27-06 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,895.27 Manual Check # 69208 dated 02/09/06 $ 130,590.92 Checks # 69209 thru # 69251 dated 2/10/06 thru 2/14/06 $ 132,392.61 Disbursements via debits to checking account dated 02/03/06 thru 02/09/06 $ 163,534.14 Checks # 69252 thru # 69323 dated 02/21/06 $ 270,608.31 Disbursements via debits to checking account dated 02/10/06 thru 02/15/06 $ 699,021.25 Total Accounts Payable PAYROLL $ 487,652.17 Payroll Checks and Direct Deposits dated 02-10-06 $ 2,284.75 Payroll Deduction check # 104158 thru # 104159 dated 02/10/06 $ 489,936.92 Total Payroll $ 1,188,958.17 GRAND TOTAL 2. Final Plat -Mapletree Townhomes (2811 - 2827 Southlawn Drive) Moved to approve the final plat for the Mapletree Townhouse date-stamped January 24, 2006. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the City Engineer. 3. Purchase of Police Vehicles Approved the purchase of six 2006 Ford Crown Victoria Police Interceptor squad cars. City Council Meeting 02-27-06 3 Acceptance of 2005 Justice Assistance Grant Approved acceptance of the JAG funds and authorized the appropriate budget adjustments. The interlocal agreement required to participate in this grant has been reviewed and approved by the City Attorney's office. 5. Acceptance of 2005 Buffer Zone Protection Plan Grant Approved acceptance of the BZPP funds and authorized the appropriate budget adjustments. 6. Carry Over of 2005 Appropriations to 2006 Approved the carryover of 2005 appropriations to 2006. Approve Purchase of Single-Axle Plow Truck Body and Plow/Wing Attachment Authorized entering into a contract wit Aspen Equipment, under State Contract #433309, and J-Craft Equipment under State Contract #435404, for the Purchase of one single-axle truck body and open plow/wing attachment at a combined cost of $62,188.26. Approve Sewer Use/Connection Agreement with the City of Woodbury -North of Highwood Avenue See motion (page 3). Venburg/Guldens T.H. 61 Frontage Road -City Project 04-04 -Resolution for Modification of Existing Construction Contract, Change Orders 1, 2, and 3 Adopted the following resolution directing the modification of the existing construction contract, Change Orders 1, 2, and 3 for the Venburg/Guldens Frontage Road, City Project 04-04 (02-08). RESOLUTION 06-02-025 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04-04 (02-08), CHANGE ORDER No. 1, 2 and 3 (Imperial Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-04 (02-08), Venburg/Guldens Frontage Road, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-04 (02-08) Change Order Nos. 1, 2, and 3 as an increase to said contract by an amount of $3,521.00, such that the new contract amount is now and hereby established as $428,337.34. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to City Council Meeting 02-27-06 sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1, 2 and 3 as a contract increase in the amount of $3,521.00. The revised contract amount is $428,337.34. No revisions to the project budget are proposed at this time, as these changes fall within the revised project budget approved by the city council on December 12, 2005. 10. Gladstone North Area Street Improvements -City Project 04-15 -Resolution for Modification of Existing Construction Contract, Change Orders 2 and 3 Adopted the following resolution directing the modification of the existing construction contract for the Gladstone North Area Street Improvements, City Project 04-15. 11. Purchasing Policies and Procedures See motion (page 3). 12. Transportation Alliance Resolution Adopted the following resolution supporting transportation revenues for public transit assistance and highway purposes: RESOLUTION 06-02-026 Whereas, Minnesota's transportation infrastructure forms the backbone of the state's economy and has a direct impact on future economic development; Whereas, too many Minnesotans are being killed in traffic crashes on dangerous roadways; Whereas, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and growing demands; Whereas, local governments throughout the state are struggling to maintain local transportation systems while the state's gas tax has not been increased since 1988 and transit budgets have been cut in recent years; Whereas, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenue, in order to fund both highway and transit systems including the current dedication of 54°~ of motor vehicle sales tax for transportation purposes; Whereas, the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006 asking voters if the remaining 46°~ of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; Whereas, passage of this amendment would mean an increase in stable revenue for highway and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased-in by 2011; City Council Meeting 02-27-06 NOW, THEREFORE, Be It Resolved That the City of Maplewood strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40°~ of the revenue for public transit assistance and not more than 60°~ of the revenue for highway purposes. PUBLIC HEARINGS 8:00 p.m. Reduced Front Yard Setback Authorization (2413 Linwood Avenue) City Manager Fursman presented the report. Planner Finwall presented specific from the report. Councilmember Juenemann moved to table the public hearing for the reduced front yard setback authorization at 2413 Linwood Avenue until the March 27, 2006 City Council Meeting. Seconded by Councilmember Bartol Ayes-All AWARD OF BIDS Maplewood Community Center Pool Ceiling Painting City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented specifics from the report. c. Finance Director Faust addressed council questions regarding budgeting issues for this project. Councilmember Juenemann Seconded by Councilmember Hjelle Ayes-All K. UNFINISHED BUSINESS TH 5 and TH 120 Property Owned by MnDOT -City Project 03-20 -Approve Resolution Calling Public Hearing for March 13`h to Review Marsh 212 and Hill - Murray School's Concepts for Property Usage City Manager Fursman presented the report. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the attached resolution calling for a public hearing for March 13, 2006, at 7:00 p.m. for the TH 5 and TH 120 excess MnDOT property for Marsh 212 and Hill-Murray: City Council Meeting 02-27-06 RESOLUTION 06-02-028 CALLING FOR PUBLIC HEARING WHEREAS, the Maplewood City Council has previously reviewed a proposal from Independent School District No. 622 for relocation of their bus garage facility from North St. Paul to vacant MnDOT property at the intersection of TH 5 and TH 120 (Century Avenue), and WHEREAS, the Council requested a review of alternative proposals from a group called Marsh 212 and also from Hill-Murray School, and WHEREAS, said proposals require extensive public review and comment, and WHEREAS, the Council desires to hear all relative comment on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider presentations by representatives from Marsh 212 and representations from Hill-Murray School for the MnDOT property at TH 5 and TH 120. 2. A public hearing shall be held on such proposed proposals on the 13th day of March 2006, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required. Seconded by Councilmember Rossbach Ayes-All L. NEW BUSINESS 1. Intoxicating Liquor License -Off-Sale -Blianchong Lor - Lor's Liquor Store a. City Manager Fursman presented the report. b. Police Chief Thomalla presented specifics from the report. c. Blianchong Lor, the applicant, was presented for council questions. Councilmember Rossbach moved to approve the off-sale intoxicating liquor license change of manager to Blianchong Lor for Lor's Liquor Store at 1347 Frost Avenue. Seconded by Councilmember Hjelle Ayes-All 2. Intoxicating Liquor License - On-Sale -Jill Skogheim - 5-8 Tavern & Grill a. City Manager Fursman presented the report. b. Police Chief Thomalla presented specifics from the report. c. Jill Skogheim, the applicant, was presented for council questions. Councilmember Rossbach moved to approve the on-sale intoxicating liquor license change of manager to Jill Skogheim for the 5-8 Tavern & Grill at 2289 Minnehaha Avenue East. Seconded by Councilmember Hjelle Ayes-All City Council Meeting 02-27-06 3. City Code Amendment -Nonconforming Uses (First Reading) City Manager Fursman presented the report. b. Planner Finwall presented specifics from the report. c. Planning Commissioner Dierich provided the Maplewood Planning Commission Report. Councilmember Juenemann moved to approve the first reading of the following proposed ordinance amendment changing the nonconforming ordinance (Section 42-12) to make it consistent with Minnesota Statute, Section 462.357, subdivision 1(e): ORDINANCE NO. 867 AN ORDINANCE AMENDING THE NONCONFORMING BUILDINGS OR USES SECTION The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 42-12 (c) (Nonconforming buildings or uses) (additions are underlined and deletions are stricken): A nonconforming building, structure or use destroved by fire or other peril may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not expansion, unless more than fifty (50) percent of its market value is destroved and provided that a building permit has been applied for within one-hundred and eighty (180) days from the date the building, structure or use was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on an adjacent property. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Rossbach Ayes-All Preliminary Approval for Issuance of Bonds and Equipment Certificates City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. Councilmember Hjelle moved to adopt the following resolutions providing preliminary approval for the sale of $6,085,000 General Obligation Improvement Bonds and providing preliminary approval for the sale of $290,000 General Obligation Equipment Certificates, and authorized the appropriate budget changes and a transfer of $40,516.83 from the General Fund to the project fund to finance 2004 equipment City Council Meeting 02-27-06 purchases and scheduled a special council meeting at 5:00 p.m. on Thursday. March 23 for a bid award on the bond issue and equipment certificates: 06-02-027 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $6,085,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds"), to finance various improvement projects within the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. EXHIBIT A TERMS OF PROPOSAL $6,085,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Thursday, March 23, 2006, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, City Council Meeting 02-27-06 Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY0.. For purposes of the electronic bidding process, the time as maintained by PARITY° shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY' for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY®shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY®shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY° solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2"' Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE BONDS The Bonds will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature August 1 in the years and amounts as follows: 2007 $ 35,000 2014 $325,000 2021 $380,000 2008 $ 35,000 2015 $330,000 2022 $395,000 2009 $295,000 2016 $335,000 2023 $305,000 2010 $300,000 2017 $345,000 2024 $315,000 2011 $305,000 2018 $355,000 2025 $330,000 2012 $310,000 2019 $360,000 2026 $345,000 2013 $315,000 2020 $370,000 City Council Meeting 02-27-06 10 Proposals for the Bonds may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bonds shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on August 1, 2016, and on any day thereafter, to prepay Bonds due on or after August 1, 2017. 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 shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify 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. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $6,008,938 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $60,850, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the City Council Meeting 02-27-06 10 Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 °~. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- City Council Meeting 02-27-06 11 litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. 06-02-029 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 20066 A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $290,000 General Obligation Equipment Certificates of Indebtedness, Series 20066 (the "Certificates"), to finance the acquisition of equipment for the City's police and fire department; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell City Council Meeting 02-27-06 12 these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Certificates. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Certificates. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Certificates, and to execute and deliver it on behalf of the City upon its completion. EXHIBIT A TERMS OF PROPOSAL $290,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 20066 (BOOK ENTRY ONLY) Proposals for the Certificates will be received on Thursday, March 23, 2006, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Certificates will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223-3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3046 for inclusion in the submitted Proposal. OR City Council Meeting 02-27-06 13 (b) Electronic Bidding. Notice is hereby given that electronic proposals will be received via PARITY®. For purposes of the electronic bidding process, the time as maintained by PARITY° shall constitute the official time with respect to all Bids submitted to PARITY®. Each bidder shall be solely responsible for making necessary arrangements to access PARITY' for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY®shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY®shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY®. The City is using the services of PARITY° solely as a communication mechanism to conduct the electronic bidding for the Certificates, and PARITY® is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY®, this Terms of Proposal shall control. Further information about PARITY®, including any fee charged, may be obtained from: PARITY®, 1359 Broadway, 2"' Floor, New York, New York 10018 Customer Support: (212) 849-5000 DETAILS OF THE CERTIFICATES The Certificates will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Certificates will mature August 1 in the years and amounts as follows: 2007 $ 50,000 2008 $ 55,000 2009 $ 60,000 2010 $ 60,000 2011 $ 65,000 BOOK ENTRY SYSTEM The Certificates will be issued by means of a book entry system with no physical distribution of Certificates made to the public. The Certificates will be issued in fully registered form and one Certificate, representing the aggregate principal amount of the Certificates maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Certificates. Individual purchases of the Certificates may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Certificates. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Certificates, will be required to deposit the Certificates with DTC. City Council Meeting 02-27-06 14 REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Certificates will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition of equipment for the City's police and fire departments. TYPE OF PROPOSALS Proposals shall be for not less than $285,070 and accrued interest on the total principal amount of the Certificates. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $2,900, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 °~. Rates must be in level or ascending order. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. AWARD The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. CUSIP NUMBERS If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with City Council Meeting 02-27-06 15 respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Certificates shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Certificates has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non- compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Certificates, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Certificates to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that term is defined in Rule 15c2-12. By awarding the Certificates to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Certificates are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Certificates agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Certificates for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 02-27-06 16 M. COUNCIL PRESENTATIONS Thank you Councilmember David Bartol recapped his observations while temporarily serving on the City Council over the last 3 Y months and thanked the Maplewood residents for affording him the honor of serving them. Chinese Delegation Mayor Longrie and City Manager Fursman hosted a Chinese Delegation on Saturday, February 25th at City Hall. The visitors were from the City of Loude, population of 4.5 million, and here with the intention to establish various trade relationships. The Delegation is seriously considering Maplewood as an option for a satellite office. N. ADMINISTRATIVE PRESENTATIONS Set Date for Council/Staff Retreat Council/Staff Retreat-City Manager Fursman invited the council to consider dates in March or April for acouncil/staff retreat where plans will be laid out for 2006/2007 and to assess future goals for the community. This retreat also assists staff in defining the direction. Mayor Longrie suggested each Councilmember submit 2 dates in April (Friday's) that would be feasible for them. Councilmember Rossbach suggested that the location be off-campus with Mayor Longrie suggesting the Ramsey County Family Services Center Conference Room. Canvass of Election Results Monday, March 6th, 5:00 p.m. City Manager Fursman reminded council of the special meeting to canvass the results from the February 28`h Special Election. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:08 p.m. City Council Meeting 02-27-06 17