HomeMy WebLinkAbout04-12-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,April 12, 2010
Council Chambers, City Hall
Meeting No.08-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:00p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
Julie Wasiluk, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda by the city council:
N1.Extreme Green Makeover –Councilmember Juenemann
N2.Adopt a Park and Spring Clean Up –Councilmember Juenemann
N3.Eagle Award –Councilmember Juenemann
N4.Citizens Forum –Councilmember Nephew
CouncilmemberNephewmoved to approve the agenda as amended.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of March 22, 2010, City Council Workshop Minutes
Councilmember Juenemannmoved toapprove the March 22, 2010,City Council Workshop
Minutes as submitted.
Seconded by CouncilmemberNephew.Ayes –Mayor Rossbach,
Councilmember Juenemann,
& Councilmember Nephew
Abstentions
–Councilmember’sLlanas
&Wasiluk
The motion passed.
2.Approval of March 22, 2010, City Council Meeting Minutes
April 12, 2010 1
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Councilmember Nephew had a correction on page 26,of the minutes or page 31 of 296changing
the vote to Ayes –All.
Councilmember Nephewmoved toapprovethe March 22, 2010, City Council Meeting Minutes as
amended.
Seconded by CouncilmemberJuenemann.Ayes –Mayor Rossbach,
Councilmember Juenemann,
& Councilmember Nephew
Abstentions
–Councilmember’sLlanas,
&Wasiluk
The motion passed.
3.Approval of April 5, 2010, City Council Workshop Minutes
Councilmember Nephewmoved toapprove the April 5, 2010, City Council Workshop Minutes as
submitted.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
None.
G.CONSENT AGENDA
1.CouncilmemberJuenemannmoved to approve items1-5 and 7-11
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
2.Councilmember Llanasmoved to approve item 6.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3.Councilmember Juenemannmoved to tableitem12.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion to tablepassed.
1.Approval of Claims
April 12, 2010 2
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CouncilmemberJuenemannmoved Approval of Claims.
ACCOUNTS PAYABLE:
$143,545.19Checks #80837thru #80895
Dated 03/16/2010 thru 03/23/2010
$ 144,706.55Disbursements via debits to checking account
Dated 03/12/10 thru 03/18/10
$607,952.37Checks #80896 thru #80939
Dated 03/19/2010 thru 03/30/2010
$ 331,696.63Disbursements via debits to checking account
dated 03/19/10 thru 03/26/10
$217,035.45Checks #80940 thru #81002
Dated 03/26/10 thru 04/06/10
$126,030.88Disbursements via debits to checking account
Dated 03/26/10 thru 04/01/10
__________________
$ 1,570,967.07Total Accounts Payable
PAYROLL
$495,696.90Payroll Checks and Direct Deposits dated 03/19/10
$ 2,757.45Payroll Deduction check #8796thru #8798
dated 03/19/10
$494,863.91Payroll checks and Direct Deposits dated 04/02/10
$ 2,691.45Payroll Deduction Check #1008836 thru #1008838
Dated 04/02/10
___________________
$996,009.71Total Payroll
GRAND TOTAL
$ 2,566,976.78
Seconded by Councilmember Wasiluk.Ayes –All
The motion passed.
2.Approval of Temporary Gambling Permit for Church of the Presentation of the Blessed
Virgin Mary and Request to Waive Fees forCarnival/Miscellaneous Permit
CouncilmemberJuenemann moved toapprove the temporary gambling permit resolution and
waiving the fee for the carnival ride permit fee for the church of the presentation of the blessed
virgin Mary.
RESOLUTION10-04-373
April 12, 2010 3
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BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling on May 1, 2010 and May 2, 2010 is approved for
the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street,
Maplewood.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
3.Approval of Ramsey County Fair Temporary Gambling Permit and Fee Waiver Request
CouncilmemberJuenemannmoved toapprove the fee waiverfor 3.2 beer and the resolution for a
temporary gambling permit for the St. Paul Lions Club July 13 through July 18, 2010.
RESOLUTION 10-04-374
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club to be used at
the Ramsey County Fair, 2020 White Bear Avenue, Maplewood, MN from July14through July
12, 2010.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness
of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
4.Request Approval to Accept Donations to Landfall Cops ‘N Kids Fishing Clinic
Councilmember Juenemannmoved toapprove the resolution and $100 donation from St. Paul
Harley-Davidson/Buell and $700 from the City of Landfall Villageto the Landfall Cops ‘N Kids
Fishing Clinic.
RESOLUTION 10-04-375
AUTHORIZING GIFT TO CITY
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WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real
and personal property and maintain the same for the benefit of the citizens and pursuant to the
donors’ terms if so-prescribed, and;
WHEREAS, St. Paul Harley-Davidson/Buell and the City of Landfall Villagewish to grant the City
of Maplewood the following: $100 and $700 respectively, and;
WHEREAS, St. Paul Harley-Davidson/Buell and the City of Landfall Villagehave instructed that
the City of Maplewood will be required to use the aforementioned for: 2010 Cops & Kids Fishing
Clinic, and;
WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the
purposes and under the terms prescribed, and;
WHEREAS, the City agrees that it will accept the gifts by a two-thirdsmajority of its governing
body’s membership pursuant to Minnesota Statute §465.03;
NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the
Maplewood City Council approves, receives and accepts the gifts aforementioned and under
such terms and conditions as may be requested or required.
The Maplewood City Council passed this resolution by two-thirdsor more majority vote of its
membership on April 12, 2010.
Signed:Signed:Witnessed:
__________________________________________________________
(Signature)(Signature)(Signature)
Mayor______________Chief of Police_________City Clerk____________
(Title)(Title)(Title)
____________________________________________________________
(Date)(Date)(Date)
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
5.Approve Resolution Accepting a Donation of Medical Equipment to the Fire Department
Councilmember Juenemannmoved toapprove the resolution accepting four portable nitrous
oxide units from the Burnsville Fire Department to the fire department.
RESOLUTION 10-04-376
AUTHORIZING GIFT TO CITY
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WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real
and personal property and maintain the same for the benefit of the citizens and pursuant to the
donor’s terms if so-prescribed, and;
WHEREAS, Burnsville Fire Department wishes to grant the city of Maplewood four portable
nitrous oxide units, and;
WHEREAS, Burnsville Fire Department has instructed that the City will be required to use the
aforementioned for: use by the fire department to directly improve their service to the community,
and;
WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the
purposes and under the terms prescribed, and;
WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing
body’s membership pursuant to Minnesota Statute §465.03;
NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the
Maplewood City Council approves, receives and accepts the gift aforementioned and under such
terms and conditions as may be requested or required.
The Maplewood City Council passed this resolution by four-fifths or more majority vote of its
membership on April 12, 2010.
Signed:Signed:Witnessed:
___________________________________________________________________________
(Signature)(Signature)(Signature)
Mayor Chief of Fire City Clerk _
(Title)(Title)(Title)
___________________________________________________________________________
(Date)(Date)(Date)
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
6.Approval of Eureka Recycling 2009 Work Report
Councilmember Llanasmoved toapprove the 2009 Eureka Recycling Year-End and 2010 Work
Plan Reports.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
7.White Bear Avenue/County Road D improvements, Project 08-13, Acceptance of $10,000
Grant From Minnesota Department of Employment and Economic Development
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Councilmember Juenemannmoved toapprove the Mayor and City Manager to sign the grant
contract signifying council approval and grant acceptance.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
8.Priory Public Improvements (St. Paul’s Monastery), Project 07-24, Transfer to Close Fund
586
Councilmember Juenemannmoved toapprove the resolution and for the finance director to
implement the final financing plan, transfer any excess funds to the PIP fund account, and close
project fund 586 for city project 07-24.
RESOLUTION 10-04-377
FINAL FINANCING AND CLOSURE OF PROJECT FUND 586
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
improvement to City Project 07-24, Priory Public Improvements,and the City Council accepted
the project and approved final payment on October 12, 2009. The total project cost is
$978,061.69.
NOW, THEREFORE, BIT IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the finance director shall transfer $321.07 in developer charges from Account
No. 0866 (Project 07-02) to Fund 586.
BE IT FURTHER RESOLVED that the finance director is hereby authorized to make the
financial transfers necessary to implement the final financing plan and transfer any excess funds
to the PIP Account:
Final Financing Plan
$ 40,370.44
G.O. Improvement Bonds(Trail)
$925,019.57(approved & levied)
Special Assessments
$ 10,000.00
Developer Cash
$ 2,671.68
Interest on Investments
$ 978,061.69
TOTAL
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
9.Approve Purchase of 2010-2011 Winter Road Salt
Councilmember Juenemannmoved toapprove the city to purchase de-icing salt in the range of
$50,000 to $60,000 from fund 101-514-000-4180 under the state contract.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
10.Myrtle-Sterling Street Improvements, Project 07-19, Resolution Approving Final Payment
and Acceptance of Project
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Councilmember Juenemannmoved toapprove the resolution for the Myrtle-Sterling Street
Improvements, City Project 07-19: approving Final Payment and Acceptance of Project.
RESOLUTION 10-04-378
APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT
WHEREAS, the City Engineer for the City of Maplewood has determined that the Myrtle-Sterling
Improvements, City Project 07-19,iscomplete and recommends acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 07-19is complete and maintenance of these improvements is
accepted by the city; and the final construction cost is $638,498.77. Final payment to Tower
Asphalt, Inc. and the release of any retainage or escrow is hereby authorized.
th
Approved this 12day of April 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
11.Approval of Change to the Rules and Procedures for City Council and Council Meetings
Councilmember Juenemannmoved toapprove the amended changes to the City Council Rules
of Procedure for Council Meetings and Council Administrative Policies that reflect the changes as
outlined in the report.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
12.Approval of Adoption of Business & Economic Development Commission(BEDC) Rules of
Procedures
Councilmember Juenemannmoved totablethe Business & Economic Development Commission
(BEDC’s) rules of procedure.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion to tablepassed.
H.PUBLIC HEARING
1.Consider Approving Financing Plan for Proposed Project and the Issuance of
Revenue Obligations for Tubman
a.Resolution Giving Host Approval to the Issuance of Revenue Obligations With
Respect to a Project for Tubman and Located in Part in the City of Maplewood, Under
Minnesota Statutes, Sections 469.165
i.Assistant City Manager, Public Works Director, Chuck Ahl gave the report
and answered questions of the council.
ii.ChristineBrinkman, Tubman Alliance addressed the council.
Mayor Rossbach opened up the public hearing.
No one came forward to address the council.
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Councilmember Nephewmoved toapprovethe resolution giving host approval to the issuance of
revenue obligations with respect to a project for Tubman and located in part in the Cityof
Maplewood, under Minnesota StatutesSection 469.152 through 469.165.
RESOLUTION 10-04-379
GIVING HOST APPROVAL TO THE ISSUANCE
OF REVENUE OBLIGATIONS WITH RESPECT TO A PROJECT FOR TUBMAN
AND LOCATED IN PART IN THE CITY OF MAPLEWOOD, UNDER
MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165
BE IT RESOLVED, by the City Council (the “Council”) of the City of Maplewood, Minnesota (the
“City”) as follows:
1.Description of the Project.
a.Tubman, a Minnesota nonprofit corporation and an organization described in Section
501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Company”), has
proposed the issuance of revenue obligations under Minnesota Statutes, Sections
469.152 to 469.165, as amended (the “Act”), in an aggregate amount expected to not
exceed $4,500,000, with respect to the project described below. The proposed project will
involve the refinancing of the acquisition and construction of the Company’sbuilding
located at 4432 Chicago Avenue South in the City of Minneapolis, Minnesota, as well as
refinancing acquisition costs and financing renovation costs of the Company’sbuilding
located 1725 Monastery Way in the City of Maplewood, Minnesota. The revenue
obligations are expected to be issued in an amount not to exceed $1,200,000 for the
property in Minneapolis and $3,300,000 for the property in Maplewood. The Company
helps women, children and families struggling with relationship violence, substance abuse
and mental health issues, and provides safe shelter, legal advocacy and counseling
services.
b.The Companyhas proposed that the Minneapolis Community Development Agency (the
“Issuer”) issue the revenue obligations.
2.Costs of the City. The Company has agreed to pay any and all costs incurred by the City in
connection with this Resolution and the issuance ofthe revenue obligations, whether or not such
issuance is carried to completion.
3.Public Hearing.
a.As required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the
“Code”), a Notice of Public Hearing was published in the City’s official newspaper, the
Maplewood Review (which is of general circulation in the City), at least 14 days prior to
the date hereof, calling a public hearing on the proposed issuance of the revenue
obligations and the proposal to finance and refinance the facilities of the Company
mentioned in the notice.
b.On the date hereof, the Council has held a public hearing on the issuance of the revenue
obligations by the Issuer with respect to the project, at which all those appearing who
desired to speak were heard and written comments were accepted.
4.Approval. The proposal to finance and refinance the Company’s facilities as described above,
and the issuance of the revenue obligations by the Issuer, are hereby given approval by the City
as required by the Code and byMinnesota Statutes, Section 471.656.
5.Limited Obligations. The revenue obligations when and if issued, shall not constitute a charge,
lien or encumbrance, legal or equitable, upon any property of the City or the Issuer. The revenue
April 12, 2010 9
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obligations, when and if issued, shall recite in substance that the revenue obligations and the
interest thereon, are payable solely from revenues received from the Company and property of
the Company pledged for payment thereof, and shall not constitute a debt of the Issuer, the City,
the State of Minnesota or any political subdivision thereof.
Adopted by the City Council of the City of Maplewood, Minnesota, this 12th day of April, 2010.
Approved:
Mayor
Attest:
City Clerk
Seconded by CouncilmemberJuenemann.Ayes–All
The motion passed.
I.UNFINISHED BUSINESS
1.Consideration of Penalties for Tobacco and Alcohol Compliance Failures
a.City Clerk, Director of Citizen Services, Karen Guilfoile gave the report.
b.City Attorney, Alan Kantrud answered questions of the council.
c.City Manager, James Antonen addressed the council.
The following businesses have spoken to staff and willcome back to the city council April
26, 2010:
1.Amarose Convenience Store, 3001 White Bear Avenue,hasbeenrescheduleduntil
April 26, 2010.
2.AMF Maplewood Lanes –Maplewood Bowl –1955 English,hasbeen rescheduled
until April 26, 2010.
3.Maplewood BP –1987 County Road D East,hasbeen rescheduleduntil April 26,
2010.
Councilmember Juenemannmoved toapprove imposing the penalties included in the staff report.
Broadway Pizza$500 Fine
Keller Lake Convenience$250 Fine
“$500 Fine
“$500 Fine
Maplewood Kwik Mart$250 Fine
Merwin Liquors$500 Fine
MGM Liquor Warehouse$250 Fine
“$500 Fine
Outback Steakhouse$500 Fine
White Bear Liquor$500 Fine
“$1,000 Fine
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
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2.Approve Resolution Accepting Proposal on the Competitive Negotiated Sale
of $11,790,000 Taxable General Obligation Bonds, Series 2010A, Providing
for Their Issuance and Pledging for the Security Thereof Special
Assessments and Levying a Tax for the Payment Thereof
a.Finance Director, Bob Mittet gave the report and answered questions of the
council.
b.Terrie Heaton, Springsted Incorporated,addressed and answered
questions of the council.
c.Assistant City Manager, Public Works Director, Chuck Ahl addressed and
answered questions of the council.
Councilmember Nephewmoved toapprove the resolution accepting the proposal on the
competitive negotiated sale of $11,790,000 taxable general obligation bondswith Cronin &
Company, Inc., Series 2010A, providing for their issuance and pledging for the security thereof
special assessments and levying a tax for the payment thereof.
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: APRIL 12, 2010
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of
Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on April 12, 2010, at
7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated
sale of, $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds-Direct
Pay).
The following members were present:All
and the following were absent:None
In accordance with the resolution adopted by the City Council on March 8, 2010, the City Clerk
presented proposals on $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America
Bonds-Direct Pay), which were received and tabulated at the offices of Springsted Incorporated on this
same day:
BidderInterest RateTrue Interest Cost
The Council then proceeded to consider and discuss the proposals, after whichmember Nephew
introduced the following resolution and moved its adoption:
RESOLUTION 10-04-380
ACCEPTING PROPOSAL ON THE COMPETITIVE
NEGOTIATED SALE OF $11,790,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010A
(BUILD AMERICA BONDS-DIRECT PAY), PROVIDING FOR THEIR
ISSUANCE, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY
THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF
A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), owns and
operates a municipal sewer system (the "Sewer System") and a municipal water system (the "Water
System") as separate revenue producing utilities of the City (combined, the "System") and there are
currently outstanding $1,490,000 original principal amount of General Obligation Sewer Revenue Bonds,
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Series 2003B, dated August 1, 2003 (the "Outstanding Bonds") of the City payable from the net revenues
of the Sewer System; and
B.WHEREAS, the City has heretofore determined and declared that it is necessary and
expedient to issue $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America Bonds-
Direct Pay) (the "Bonds"), of the City, pursuant to Minnesota Statutes, Chapters 429, 444.075 and 475,
to finance the construction of various improvement projects within the City (the "Improvements"); and
C.WHEREAS, the Improvements and all their components have been ordered prior to the
date hereof, after a hearing thereon for which notice was given describing the Improvements or all their
components by general nature, estimated cost, and area to be assessed; and
D.WHEREAS, Build America Bonds are authorized by the American Recovery and
Reinvestment Tax Act of 2009, enacted on February 17, 2009 and require an irrevocable election to
apply Section 54AA of the Internal Revenue Code of 1986, as amended (the "Code"); and
E.WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry
form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of theCity of Maplewood, Minnesota, as
follows:
1.Acceptance of Proposal. The proposal of Cronin & Company, Inc(the "Purchaser"), to
purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Terms of Proposal, at
the rates of interest hereinafter set forth, and to pay therefor the sum of $11,674,972.24, plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable proposal
received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City
Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful
proposal makers their good faith checks and drafts.
2.Elections for Build America Bonds; Findings. The City hereby makes an irrevocable
election to have Section 54AA of the Code apply to the Bonds, in order to designate the Bonds as Build
America Bonds pursuant to Section 54AA(d)(1)(C) of the Code. The City hereby makes an irrevocable
election to have Subsection 54AA(g) of the Code apply to the Bonds, in order to designate the Bonds
as qualified bonds pursuant to Section 54AA(g)(2)(B) of the Code. In support of such elections, it is
hereby found, determined and declared that:
(a)the Bonds are not private activity bonds and the interest on the Bonds would (but for this
election) be excludable from gross income under Section 103 of the Code;
(b)the Bonds are issued after February 17, 2009 and before January 1, 2011;
(c)no more than 2% of the proceeds of the Bonds will be used to finance costs of issuance of
the Bonds;
(d)the issue price of the Bonds does not have more than a de minimis amount of premium
over the stated principal amount of the Bonds;
(e)100% of the available project proceeds of the Bonds, there being no reasonably required
reserve therefor, are to be used for capital expenditures which are not working capital expenditures.
3.Bond Terms.
(a)Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall
be titled "General Obligation Bonds, Series 2010A (Build America Bonds-Direct Pay)", shall be dated the
date of delivery, as the date of original issue and shall be issued forthwith on or after such date as fully
registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or
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in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall
mature on February 1 in the years and amounts as follows:
YearAmountYearAmount
2012$620,000 2020$ 660,000
2013945,0002021660,000
2014900,0002022670,000
2015890,0002023670,000
2016885,0002024690,000
2017865,0002025695,000
2018865,0002026705,000
2019860,0002027210,000
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory
sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment
schedule, and corresponding additions may be made to the provisions of the applicable Bond(s).
(b)
Allocation. The aggregate principal amount of $10,245maturing in each of the years and
amounts hereinafter set forth are issued to finance the Improvements (the "Improvement Portion"); and
the aggregate principal amount of $1,545,000maturing in each of the years andamounts hereinafter set
forth are issued to finance the System Improvements (the "System Portion"):
Improvement PortionSystem Portion
Year (Amount) (Amount) Total Amount
2012530,00090,000620,000
2013855,00090,000945,000
2014810,00090,000900,000
2015800,00090,000890,000
2016790,00095,000885,000
2017770,00095,000865,000
2018765,000100,000865,000
2019760,000100,000860,000
2020555,000105,000660,000
2021555,000105,000660,000
2022560,000110,000670,000
2023560,000110,000670,000
2024570,000120,000690,000
2025575,000120,000695,000
2026580,000125,000705,000
2027210,000210,000
If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and
hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as
provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other
generally available source, the prepayment may be allocated to eitheror both of the portions of debt
service in such amounts as the City shall determine. If the source of the prepayment is special
assessments pledged to the Improvements, the prepayment shall be allocated to the Improvement
Portion of debt service. If thesource of a prepayment is excess net revenues of the System pledged to
the System Improvements, the prepayment shall be allocated to the System Portion of debt service.
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(a)Book Entry Only System. The Depository Trust Company, a limited purpose trust
companyorganized under the laws of the State of New York or any of its successors or its successors to
its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end:
(i)The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully
registered Bond for each maturity of the Bonds; and for purposes of complying with this
requirement under paragraphs 5 and 10Authorized Denominations for any Bond shall be
deemed to be limited during the Book Entry Only Period to the outstanding principal amount of
that Bond.
(ii)Upon initial issuance, ownership of the Bonds shall be registered in a bond register
maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the
nominee (it or any nominee of the existing or a successor Depository, the "Nominee").
(iii)With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution for which
the Depository holds Bonds as securities depository (the "Participant") or the person for which a
Participant holds an interest in the Bonds shown on the books and records of the Participant (the
"Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor
the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the
accuracy of the records of the Depository, the Nominee or any Participant with respect to any
ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other
person, other than the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person,
other than the Depository, of any amount with respect to the principal of or premium, if any, or
interest on the Bonds, or (D) the consent given or other action taken by the Depository as the
Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of
any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under
which the Depository assigns its consenting or voting rights to certain Participants to whose
accounts the Bonds are credited on the record date identified in a listing attached to the omnibus
proxy.
(iv)The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any,
and interest on the Bonds, for the purpose of giving notices of redemption and other matters with
respect to the Bonds, for the purpose of obtaining any consent or other action to betaken by
Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose
whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as
shown on the bond register, and all such payments shall be valid and effective to fully satisfy and
discharge the City's obligations with respect to the principal of and premium, if any, and interest
on the Bonds to the extent of the sum or sums so paid.
(v)Upon delivery by the Depository to the Bond Registrar of written notice to the
effect that the Depository has determined to substitute a new Nominee in place of the existing
Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the
Nominee hereunder shall refer to such new Nominee.
(vi)So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all notices with
respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the
case may be, to the Depository as provided in the Letter of Representations to the Depository
required by the Depository as a condition to its acting as book-entry Depository for the Bonds
(said Letter of Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced therein or applicable
thereto respecting the procedures and other matters relating to the Depository's role as book
April 12, 2010 14
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entryDepository for the Bonds, collectively hereinafter referred to as the "Letter of
Representations").
(vii)All transfers of beneficial ownership interests in each Bond issued in book-entry
form shall be limited in principal amount to Authorized Denominations and shall be affectedby
procedures by the Depository with the Participants for recording and transferring the ownership of
beneficial interests in such Bonds.
(viii)In connection with any notice or other communication to be provided to the
Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or
other action to be taken by Holders, the Depository shall consider the date of receipt of notice
requesting suchconsent or other action as the record date for such consent or other action;
provided, that the City or the Bond Registrar may establish a special record date for such consent
or other action. The City or the Bond Registrar shall, to the extent possible,give the Depository
notice of such special record date not less than 15 calendar days in advance of such special
record date to the extent possible.
(ix)Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of Representations.
(x)In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof,
make a notation of the reduction in principal amount on the panel provided on the Bond stating
the amount so redeemed.
(b)Termination of Book-Entry Only System. Discontinuance of a particular Depository's
services and termination of the book-entry only system may be effected as follows:
(i)The Depository may determine to discontinue providing its services with respect to
the Bonds at any time by giving written notice to the City and discharging its responsibilities with
respect thereto under applicable law. The City may terminate the services of the Depository with
respect to the Bond if it determines that the Depository is no longer able to carry out its functions
as securities depository orthe continuation of the system of book-entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii)Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions of the
Depository hereunder can be found which, in the opinion of the City, is willing and able to assume
such functions upon reasonable or customary terms, or if the City determines that it is in the best
interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to
obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in
the bond register in the name of the Nominee, butmay be registered in whatever name or names
the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To
the extent that the Beneficial Owners are designated as the transferee by the Holders, in
accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
(iii)Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph
10 hereof.
(c)Letter of Representations
. The provisions in the Letter of Representations are
incorporatedherein by reference and made a part of the resolution, and if and to the extent any such
provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of
Representations shall control.
4.Purpose; Cost. The Bonds shall provide funds to finance the Improvements. The total
cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section
April 12, 2010 15
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475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall
proceed with due diligence to completion. The City covenants that it shall do all things and perform all
acts required of it to assure that work on the Improvements proceeds with due diligence to completion
and that any and all permits and studies required under law for the Improvements are obtained.
5.Interest. The Bonds shall bear interest payable semiannually on February 1 and August
1 of each year (each, an "Interest Payment Date"), commencing February 1, 2011, calculated on the
basis of a 360-day yearof twelve 30-day months, at the respective rates per annum set forth opposite
the maturity years as follows:
MaturityInterestMaturityInterest
YearRateYearRate
2012%2020%
20132021
20142022
20152023
20162024
20172025
20182026
20192027
6.Redemption. All Bonds maturing on February 1, 2021, and thereafter, shall be subject
to redemption and prepayment at the option of the City on February 1, 2020, and on any date
thereafter at a price of par plus accruedinterest. Redemption may be in whole or in part of the Bonds
subject to prepayment. If redemption is in part, the maturities and the principal amounts within each
maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a
common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by
lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on
the redemption date, and interest thereon shall cease to accrue from and after the redemption date.
Mailed notice of redemption shall be given to the paying agent and to each affected registered holder
of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to
giving notice of redemption shall assign to each Bond having a common maturity date a distinctive
number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by
lot, using such method of selection as it shall deem proper in its discretion, from the numbers so
assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal
amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were
assigned numbers so selected; provided, however, that only so much of the principal amount of each
such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each
number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered
to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in
form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its
attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the
same series having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange
for the unredeemed portion of the principal of the Bond so surrendered.
7.Extraordinary Redemption. Upon the occurrence of an Extraordinary Event, the City may
elect to prepay the Bonds on a date designated by the City at a redemption price of par plus accrued
interest for which timely notice of redemption shall be given.
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An "Extraordinary Event" will have occurred if a material adverse change has occurred to Section
54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act,
pertaining to "Build America Bonds") pursuant to which the City's 35% direct payment credit from the
United States Treasury is reduced or eliminated.
8.Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so
unless and untila successor Bond Registrar is duly appointed, all pursuant to any contract the City and
Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as
paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the
Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in
the form of Bond and paragraph 12 of this resolution.
9.Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-_______$_________
TAXABLE GENERAL OBLIGATION BOND, SERIES 2010A
(BUILD AMERICA BONDS-DIRECT PAY)
INTERESTMATURITYDATE OF
RATEDATEORIGINAL ISSUECUSIP
____%FEBRUARY 1, ________________, 2010
REGISTERED OWNER:CEDE & CO.
PRINCIPAL AMOUNT:_______________________________DOLLARS
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for
value received promises to pay to the registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August
1 of each year (each, an "Interest Payment Date"), commencing February 1, 2011, at the rate per annum
specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal
sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment
Date to which interest has been paid or, if no interest has been paid, from the date of original issue
hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender
hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond
Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest
on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose
name this Bond is registered(the "Holder" or "Bondholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business on the
fifteenth day of the calendar month next preceding such Interest Payment Date (the"Regular Record
Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof
as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close
of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be
given to Bondholders not less than ten days prior to the Special Record Date. The principal of and
April 12, 2010 17
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premium, if any, and interest on this Bond are payable in lawful money of the United States of America.
So long as this Bond is registered in the name of the Depository or its Nominee as provided in the
Resolution hereinafter described, and as those terms are defined therein, payment of principal of,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in
the Letter of Representations, as defined in the Resolution, and surrender of thisBond shall not be
required for payment of the redemption price upon a partial redemption of this Bond. Until termination of
the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the
Depository or its Nominee.
Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2021 and thereafter are
subject to redemption and prepayment at the option of the Issuer on February 1, 2020, and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds
subject to prepayment. If redemption is in part, the maturities and the principal amounts within each
maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a
common maturity dateare called for prepayment, the specific Bonds to be prepaid shall be chosen by lot
by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the
redemption date, and interest thereon shall cease to accrue from andafter the redemption date. Mailed
notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial Redemption. To affecta partial redemption of Bonds
having a common maturity date, the Bond Registrar shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond
Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion,
from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal
the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to
which were assigned numbers so selected; provided, however, that only so much of the principal amount
of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each
number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall besurrendered
to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in
form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its
attorney duly authorized inwriting) and the Issuer shall execute (if necessary) and the Bond Registrar
shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds
of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to
and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Extraordinary Redemption. Upon the occurrence of an Extraordinary Event, the City may elect to
prepay the Bonds on a date designated by the City at a redemption price of par plus accrued interest for
which timely notice of redemption shall be given.
An "Extraordinary Event" will have occurred if a material adverse change has occurred to Section
54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act,
pertaining to "Build America Bonds") pursuant to which the City's 35% direct payment credit from the
United States Treasury is reduced or eliminated.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of
$11,790,000, all of like date of original issue and tenor, except as to number, maturity, interest rate,
denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City
Council on April 12, 2010 (the "Resolution"). The Improvement Portion of the Bonds shall provide funds
to finance the Improvements (the "Improvement Project") and the System Portion of the Bonds shall
provide funds to finance the System Improvements Project" and together with the Improvement Project,
the "Improvements"). This Bond is payable out of the General Obligation Bonds, Series 2010A (Build
America Bonds-Direct Pay) Fund of the Issuer. This Bond constitutes a general obligation of the Issuer,
and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when
the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
April 12, 2010 18
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Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in
Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered
Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of
the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution.
Reference is hereby made to the Resolution for a description of the rights and duties of the Bond
Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof
to the Bond Registrar, all subject to the terms and conditions providedin the Resolution and to
reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon
the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond,
one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to
"bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal
amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same
rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover
any tax or other governmental charge payable in connection with the transfer or exchange of this Bond
and any legal orunusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name
this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided
(exceptas otherwise provided with respect to the Record Date) and for all other purposes, whether or not
this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to
the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar.
Taxable Obligation. THE ISSUER HAS ELECTED TO ISSUE THIS BOND AS A TAXABLE
OBLIGATION, AND ACCORDINGLY THE INTEREST ON THE BOND IS INTENDED TO BE INCLUDED
IN GROSS INCOME FOR FEDERAL INCOME TAXATION PURPOSES AND, TO THE SAME EXTENT,
IN BOTH GROSS INCOME AND TAXABLE NET INCOME FOR STATE INCOME TAXATION
PURPOSES. This Bond does not qualify for designation by the Issuer as a "qualified tax exempt
obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the
Constitutionand laws of the State of Minnesota to be done, to happen and to be performed, precedent to
and in the issuance of this Bond, have been done, have happened and have been performed, in regular
and due form, time and manner as required by law, and that this Bond, together with all other debts of
the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the
original purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has
caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the
corporate seal of the Issuer having been intentionally omitted as permitted by law.
Date of Registration:Registrable by: U.S. BANK NATIONAL
ASSOCIATION
Payable at: U.S. BANK NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CITY OF MAPLEWOOD, RAMSEY COUNTY
CERTIFICATE OF
MINNESOTA
AUTHENTICATION
This Bond is one of the Bonds
/s/ Facsimile
described in the Resolution
April 12, 2010 19
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mentioned within.Mayor
U.S. BANK NATIONAL /s/ Facsimile
ASSOCIATIONClerk
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
ABBREVIATIONS
The following abbreviations, when used in theinscription on the face of this Bond, shall be construed
as though they were written out in full according to applicable laws or regulations:
TEN COM -as tenants in common
TEN ENT -as tenants by the entireties
JT TEN -as joint tenants with right of survivorship
and not as tenants in common
UTMA-___________ as custodian for _____________
(Cust) (Minor)
under the _____________________ Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
_________________________________________________________ the within Bond and does
hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Notice:The assignor's signature to this assignment must correspond with
the name as it appears upon the face of the within Bond in every
particular, without alteration or any change whatever.
Signature Guaranteed:
___________________________
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a
membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined
in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar willnot affecttransfer of this Bond unless the information concerning the
transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
April 12, 2010 20
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PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
DATEAMOUNTSIGNATURE OF HOLDER
10.Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the
Purchaser, typewritten) andshall be executed on behalf of the City by the signatures of its Mayor and
Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a
printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of
such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the
corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation
or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of
that officer who may act on behalf of such absent or disabled officer. In case either such officer whose
signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before
the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all
purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in
lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set
forth above, with such changes as may be necessary to reflect more than one maturity in a single
temporary bond. Such temporary bonds may be executed withphotocopied facsimile signatures of the
Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the
execution thereof, be exchanged therefor and canceled.
11.Authentication
. No Bond shall be valid or obligatory for any purpose or be entitled to any
security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially
in the form hereinabove set forth, shall have been duly executed by an authorized representative of the
Bond Registrar.Certificates of Authentication on different Bonds need not be signed by the same
person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by
execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in
the space provided the date on which the Bond is authenticated, except that for purposes of delivering
the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of
original issue, which date is the date of delivery. The Certificate of Authentication so executed on each
Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution.
12.Registration; Transfer; Exchange. The City will cause tobe kept at the principal office of
the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond
Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the
registration of transfers ofBonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall
execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as
provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal
amount, having the same stated maturity and interest rate, as requested by the transferor; provided,
however, that no Bond may be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or
Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to
be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for
exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date
of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive.
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All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly
canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the
City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds
surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed
by the Holder thereof or his, her or its attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental
charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs
regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any agreement with
the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books
between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the
terms of said agreement.
13.Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange
for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue,
which were carried by such other Bond.
14.Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest
Payment Date by check or draft mailed to the person in whose name the Bond is registered (the
"Holder") on the registration books of the City maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid
shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and
shall be payableto the person who is the Holder thereof at the close of business on a date (the "Special
Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the
defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders
notless than ten (10) days prior to the Special Record Date.
15.Treatment of Registered Owner. The City and Bond Registrar may treat the person in
whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of
principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above)
on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and
neither the City nor the Bond Registrar shall be affected by notice to the contrary.
16.Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be
delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser
shall not be obliged to see to the proper application thereof.
17.Funds and Accounts. There has heretofore been created a capital projects fund
designated the "Public Improvement Projects Fund" held and administered by the Finance Director
separate and apart from all other funds of the City. The PublicImprovement Projects Fund shall
continue to be maintained in the manner heretofore specified. In the Public Improvement Projects Fund
there shall be created and maintained separate construction accounts (the "Construction Accounts") for
each improvement financed by this bond issue. To the Construction Accounts there shall be credited the
proceeds of the sale of the Bonds, less accrued interest received thereon, and less capitalized interest
and less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments
levied with respect to the Improvements and collected prior to completion of the Improvements and
payment of the costs thereof. From the Construction Accounts there shall be paid all costs and
expenses of making the Improvements listed in paragraph 16, including the cost of any construction
contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in
Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose
except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the
April 12, 2010 22
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extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the
collection of taxes or special assessments herein levied or covenanted to be levied; and provided further
that if upon completion of the Improvements there shall remain any unexpended balance in the
Construction Accounts, the balance (other than any special assessments) may be transferred bythe City
Council to the accounts of any other improvement instituted pursuant to Minnesota Statutes, Chapter
429, and provided further that any special assessments credited to the Construction Accounts shall only
be applied towards payment of the costs ofthe Improvements upon adoption of a resolution by the City
Council determining that the application of the special assessments for such purpose will not cause the
City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1.
The Operation and Maintenance Account heretofore established for the Sewer System by the City
shall continue to be maintained in the manner heretofore provided by the City. The Operation and
Maintenance Account heretofore established for the Water Systemshall continue to be maintained in the
manner heretofore provided by the City. All moneys remaining after paying or providing for the items set
forth in the resolution establishing the Operation and Maintenance Accounts shall constitute or are
referred to as "net revenues" until the System Portion of the Bonds and the Outstanding Bonds have
been paid. There shall be maintained in the Fund the following separate accounts to which shall be
credited and debited all income and disbursements of the System as hereinafter set forth. The Finance
Director and all officials and employees concerned therewith shall establish and maintain financial
records of the receipts and disbursements of the System in accordance with this resolution. In such
records there shallbe established accounts or accounts shall continue to be maintained as the case may
be, of the Fund for the purposes and in the amounts as follows:
There is hereby created a debt service fund to be designated the Taxable General Obligation Bonds,
Series 2010A (Build America Bonds-Direct Pay) Fund (the "Debt Service Fund") to be administered and
maintained by the Finance Director as a bookkeeping account separate and apart from all other funds
maintained in the official financial records of the City. Thereshall be maintained two separate
subaccounts in the Debt Service Fund to be designated the "Improvement Project Debt Service
Subaccount" and the "System Improvements Project Debt Service Subaccount."
(i)Improvement Project Debt Service Subaccount. There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the Improvement Project Debt
Service Subaccount: (a) all collections of special assessments herein covenanted to be
levied with respect to the Improvement Portion of the Bonds and either initially credited to
the Construction Accounts and not already spent as permitted above and required to pay
any principal and interest due on the Improvement Portion of the Bonds or collected
subsequent to the completion of the Project and payment of the costs thereof; (b) any
accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in
excess of the minimum bid; (d) a pro rata amount of cash of the City in the amount of
$_____________, sufficient to pay interestdue on the Improvement Portion of the Bonds
on or before February 1, 2011; (e) any collections of all taxes herein or hereafter levied for
the payment of the principal and interest on the Improvement Portion of the Bonds; (f) all
funds remaining in the Construction Accounts after completion of the Project and payment
of the costs thereof, not so transferred to the account of another improvement; (g) all
investment earnings on funds held in the Debt Service Fund; and (h) any and all other
moneys which are properly available and are appropriated by the governing body of the
City to the Improvement Project Debt Service Subaccount. The Improvement Project
Debt Service Subaccount shall be used solely to pay the principal and interest and any
premiums for redemption of the Improvement Portion of the Bonds and any other general
obligation bonds of the City hereafter issued by the City and made payable from said
account as provided by law.
System Improvements Project Debt Service Subaccount.To the System Improvements
Project Debt Service Subaccount there shall be credited: (A) the net revenues of the
System not otherwise pledged and applied to the payment of other obligations of the City,
in an amount, together with other funds which may herein or hereafter from time to time
be irrevocably appropriated to the System Improvements Project Debt Service
Subaccount, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for
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the payment of the principal and interest of the System Portion of the Bonds;(B) a pro
rata share of all accrued interest received upon delivery of the Bonds; (C) a pro rata
amount of cash of the City in the amount of $_________, sufficient to pay interest due on
the System Portion of the Bonds on or before February 1, 2011; (D) any collections of all
taxes which may hereafter be levied in the event that the net revenues of the System and
other funds herein pledged to the payment of the principal and interest on the System
Portion of the Bonds are insufficient therefore; (E) a pro rata share of all funds remaining
in the Construction Account after completion of the Project and payment of the costs
thereof; (F) all investment earnings on funds held in the System Improvements Project
Debt Service Subaccount; and (G) any and all other moneys which are properly available
and are appropriated by the governing body of the City to the System Improvements
Project Debt Service Subaccount. The System Improvements Project Debt Service
Subaccount shall be used solely to pay the principal and interest and any premium for
redemption of the System Portion of the Bonds and any other general obligation of the
City hereafter issued by the City and made payable from said subaccount as provided by
law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire
higher yielding investments or to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (i) for a reasonable temporary period until
such proceeds are needed for the purpose for which the Bonds were issued and (ii) in
addition to the above in an amount not greater than the lesser of five percent of the
proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any
sums from time to time held in the Construction Accounts or Debt Service Fund (or any
other City accountwhich will be used to pay principal or interest to become due on the
bonds payable therefrom) in excess of amounts which under then applicablefederal
arbitrage regulations may be invested without regard to yield shall not be invested at a
yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on
such investments after taking into account any applicable "temporary periods" or "minor
portion" made available under the federal arbitrage regulations. Money in the Fund shall
not be invested in obligations or deposits issued by, guaranteed by or insured by the
United States or any agency or instrumentality thereof if and to the extent that such
investment would cause the Bonds to be "federally guaranteed" within the meaning of
Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code").
18.Covenants Relating to the Improvement Portion of the Bonds
.
(a)Assessments. It is hereby determined that no less than twenty percent (20%) of the cost
to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section
475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot,
piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees
that it will let all construction contracts not heretofore let within one year after ordering each Improvement
financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the
letting of construction contracts. The City hereby further covenants and agrees that it will do and perform
as soon as they may be done all acts and things necessary for the final and valid levy of such special
assessments, and in the event that any such assessment be at any time held invalid with respect to any
lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to
be taken by the City or the City Council or any of the City officers or employees, either in the making of
the assessments or in the performance of any condition precedent thereto, the City and the City Council
will forthwith do all further acts and take all further proceedings as may be required by law to make the
assessments a valid and binding lien upon such property. The special assessments have heretofore
been authorized in accordance with Minnesota Statutes, Section 475.55, Subdivision 3. The
assessments are payable in equal annualinstallments with interest on the declining balance at the rates
specified below. Subject to such adjustments as are required by conditions in existence at the time the
assessments are levied, the assessments are hereby authorized and it is hereby determined that the
April 12, 2010 24
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assessments shall be payable in equal, consecutive, annual installments, with general taxes for the
years shown below and with interest on the declining balance of all such assessments at a rate per
annum not greater than the maximum permitted by law and not less than the rates per annum specified
below:
ImprovementCollection
DesignationAmountLevy YearsYearsRates
$1,886,5002010-20182011-20195.40%
3,923,5002011-20252012-2026
At the time the assessments are in fact levied the City Council shall, based on the then-current
estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be
levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section
475.61, Subdivision 1.
(b)Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on
the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a
direct annual ad valorem tax whichshall be spread upon the tax rolls and collected with and as part of
other general property taxes in the City for the years and in the amounts as follows:
Year ofYear of
Tax LevyTax CollectionAmount
SEE ATTACHED SCHEDULE
The tax levies are such that if collected in full they, together with estimated collections of special
assessments and other revenues herein pledged for the payment of the Improvement Portion of the
Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal
and interest payments on the Improvement Portion of the Bonds. The tax levies shall be irrepealable so
long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City
reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota
Statutes, Section 475.61, Subdivision 3.
19.Covenants Relating to the System Portion of the Bonds
.
(a)Sufficiency of Net Revenues
. It is hereby found, determined and declared that the net
revenues of the System are sufficient in amount to pay when due the principal of and interest on the
System Portion of the Bonds and the net revenues of the Sewer System are sufficient in amount to pay
when due the principal of and interest on the Outstanding Bonds and a sum at least five percent in
excess thereof, and the net revenues of the System are hereby pledged for the payment of the System
Portion of the Bonds and shall be applied for that purpose, but solely to the extent required to meet the
principal and interest requirements of the System Portion of the Bonds as the same become due.
Nothing contained herein shall be deemed to preclude the City from making further pledges and
appropriations of the net revenues of the System for the paymentof other or additional obligations of the
City, provided that it has first been determined by the City Council that the estimated net revenues of the
System will be sufficient in addition to all other sources, for the payment of the System Portion of the
Bonds and such additional obligations and any such pledge and appropriation of the net revenues may
be made superior or subordinate to, or on a parity with the pledge and appropriation herein.
(b)Excess Net Revenues
. Net revenues in excess of those required for the foregoing may
be used for any proper purpose.
(c)Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes,
Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose
April 12, 2010 25
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and collect charges for the service, use, availability and connection to the System at the times and in the
amounts required to produce net revenues adequate to pay all principal and interest when due on the
System Portion of the Bonds. Minnesota Statutes, Section 444.075,Subdivision 2, provides as follows:
"Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special
obligations when the other revenues are insufficient to meet the obligations."
20.Defeasance. When all Bonds have been discharged as provided in this paragraph, all
pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds
shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any
Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with theBond Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they are
prepayableaccording to their terms, by depositing with the Bond Registrar on or before that date a sum
sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given.
The City may also at any time discharge its obligations with respect to any Bonds, subject to the
provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in
escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at
such times and at such rates and maturing on such dates as shall be required, without regard to sale
and/or reinvestment, to pay all amounts to become duethereon to maturity or, if notice of redemption as
herein required has been duly provided for, to such earlier redemption date.
21.Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are
intended to establish and provide for theCity's compliance with United States Treasury Regulations
Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the
Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure
which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure").
The City hereby certifies and/or covenants as follows:
(a)Not later than 60 days after the date of payment of a Reimbursement Expenditure, the
City (or person designated to do so on behalf of the City) has made or will have made a written
declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable
expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of
a subsequent borrowing; (ii) gives a general and functional description of the property, project or program
to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a
specific fund or account of the City and the general functional purpose thereof from which the
Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum
principal amount of debt expected to be issued by the City for the purpose of financing the Project;
provided, however, that no such Declaration shall necessarily have been made with respect to: (i)
"preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include
engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the
aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimisamount of
Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% ofthe proceeds of the
Bonds.
(b)Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the
Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the
Reimbursement Regulations.
(c)The "reimbursement allocation" described in the Reimbursement Regulations for each
Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of
the Bonds and in all events within the period ending on the date which is the later of three years after
payment of the Reimbursement Expenditure or one year after the date on which the Project to which the
Reimbursement Expenditure relates is first placed in service.
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(d)Each such reimbursement allocation will be made in a writing that evidences the City's
use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after
the Bonds are issued, shall be treated as made on the day the Bonds are issued.
Provided, however, that the City may take action contrary to any of theforegoing covenants in this
paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such
action will not impair the tax-exempt status of the Bonds.
22.Continuing Disclosure. The City is the sole obligated person with respect to the Bonds.
The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by
the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act
of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter
described to:
(a)Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by
filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and
operating data in accordance with the Undertaking. The City reserves the right to modify from time to
time the terms of the Undertaking as provided therein.
(b)Provide or cause to be provided, in a timely manner to the MSRB notice of the occurrence of
certain material events with respect to the Bonds in accordance with the Undertaking.
(c)Provide or cause to be provided, in a timely manner to the MSRB notice of a failure by the City to
provide the annual financial information with respectto the City described in the Undertaking.
(d)The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the
Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on
behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be
limited to a right to obtain specific enforcement of the City's obligations under the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the
"Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in
substantially the form presented to the City Council subject to such modifications thereof or additions
thereto as are (i)consistent with the requirements under the Rule, (ii) required by the Purchaser of the
Bonds, and (iii) acceptable to the Officers.
23.General Obligation Pledge. For the prompt and full payment of the principal and interest
on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City
shall be and are hereby irrevocably pledged. If the balance in the Debt Service Fund is ever
insufficient to pay all principal and interest then due on the Bonds and any other bonds payable
therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available
for such purpose, and such other funds may be reimbursed with or without interest from the Debt
Service Fund when a sufficient balance is available therein.
24.Certificate of Registration. A certified copy of this resolution is hereby directed to filed in
the offices of the County Auditor of Ramsey County, Minnesota, together with such other information
such County Auditor shall require, and to obtainthe County Auditor's certificate that the Bonds have
been entered in the County Auditor's Bond Register, and that the tax levy required by law has been
made.
25.Records and Certificates. The officers of the City are hereby authorized and directed to
prepareand furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the
Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the
financial condition and affairs of the City, and such other affidavits, certificates and information as are
required to show the facts relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
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26.Negative Covenant as to Use of Proceeds and Improvements
. The City hereby covenants
not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used,
or to enter into any deferred payment arrangements for the cost of the Improvements, 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.
27.Status of the Bonds as Build America Bonds; Rebate; Elections. The yield on the Bonds
shall be reduced by the tax credit allowed under Section 6431 of the Code. As a condition for their
designation as Build America Bonds, the Bonds shall meet all requirements for the exclusion of interest
from gross income under Section 103 of the Code. The City shall comply with requirements necessary
under the Code to establish and maintain the status of the Bonds as Build America Bonds which are
qualified bonds, including requirements relating to the exclusion from gross income under Section 103 of
the Code of the interest on the Bonds but for their election of Build America Bonds, including without
limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts
invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings
to the United States.
28.Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with
requirements necessary under the Code to establish and maintain the exclusion from gross income
under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements
relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than
the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The
Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to
arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in
connection with the Bonds, and all such elections shall be, and shall be deemed and treated as,
elections of the City.
29.Payable 35% Credits
. Sections 54AA(g) and 6431 of the Code provide that the issuer of
Build America Bonds which are qualified bonds, for which the City in paragraph 2 has made the
irrevocable elections required by law, shall be allowed a credit with respect to each interest payment date
under such bonds, which shall be payable by the Secretary of the Treasury. The Secretary of the
Treasury shall pay (contemporaneously with each interest payment date under such bonds) to the issuer
of such bonds (or to any person who makes such interest payments on behalf of the issuer) 35% of the
interest payable under such bonds on such date. The City and its officers and staff shall take such
actions as are necessary to timely apply for and receive such credits, including filing a Form 8038
information return with respect to the Bonds and Form 8038-CP returns for credit payments to issuers of
qualified bonds with respect to each interest payment on the Bonds.
30.Severability. If any section, paragraph or provision of this resolution shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or
provision shall not affect any of the remaining provisions of this resolution.
31.Headings. Headings in this resolution are included for convenience of reference only and
are not a part hereof, and shall not limit or define the meaning of any provision hereof.
The motion for the adoption of the foregoing resolution was duly seconded by member
_____________ and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:All
and the following voted against the same:None
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OFRAMSEY
April 12, 2010 28
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CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota,
DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with
the original thereof on file in my office, and that the same is a full, true and complete transcript of
the minutes of a meeting of the City Council of said City, duly called and held on the date therein
indicated, insofar as such minutes relate to considering bids for, and awarding the competitive
negotiated sale of, $11,790,000 Taxable General Obligation Bonds, Series 2010A (Build America
Bonds-Direct Pay).
WITNESS my hand on April 12, 2010.______________________________
Clerk
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3.Approve Resolution Accepting Proposal on the Competitive Negotiated Sale
of $4,115,000 General Obligation Refunding Bonds, Series 2010B, Providing
for Their Issuance and Pledging for the Security Thereof Special
Assessments and Levying a Taxfor the Payment Thereof.
a.Finance Director, Bob Mittet gave the report and answered questions of the
council.
b.Terrie Heaton, Springsted, Incorporated addressed and answered
questions of the council.
c.Assistant City Manager, Public Works Director, Chuck Ahl answered
questions of the council.
Mayor Rossbachmoved toapprove the resolution authorizing private placement of $4,115,000
general obligation refunding bonds, series 2010B, within 180 days of the date of this resolution,
provided that the net present value savings as a percentage of the present value of the refunded
debt service is at least 3.5%.
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE
CITY OF MAPLEWOOD, MINNESOTA
HELD: April 12, 2010
Pursuant to due call thereof, a regular or special meeting of the City Council of the City of Maplewood,
Minnesota, was duly held at the City Hall on April 12, 2010, at 7:00 P.M.
The following members were present: All
and the following were absent: None
Member Rossbachintroduced the following resolution and moved its adoption:
RESOLUTION 10-04-381
April 12, 2010 29
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APPROVING THE ISSUANCE OF GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2010B
A.
WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has been
advised by Springsted Incorporated, in St. Paul, Minnesota ("Springsted") that a current or crossover
refunding of the City's General Obligation Tax Increment Bonds, Series 2002C, dated December 1,
2002; the General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003; and the
General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003 is currently not feasible
based on interest rates presently available through the issuance of General Obligation Refunding Bonds
(the "Bonds"), and interest rates presently available for permissible investments utilized in the escrow
account established for the refunding; and
B.
WHEREAS, the City would like to privately place the Bonds whenever market conditions
are appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
1.Authorization. The City Council hereby authorizes the City Manager to execute a Bond
Purchase Agreement which will approve the sale of the Bonds, provided that the net present value
savings as a percentage of the present value of the refunded debt service is at least 3.5%. This
authorization will expire within 180 days of the date of this resolution.
2.Meeting. Upon approval of the sale of the Bonds by the City Manager, the City Council
shall meet at its next regularly scheduled Council meeting to adopt the necessary approving resolutions
and related documents to be prepared by Briggs and Morgan, Professional Association, as Bond
Counsel.
3.Official Statement. The Finance Director 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.
The motion for the adoption of the foregoing resolution was duly seconded by member Nephew, and
upon vote being taken thereon the following voted in favor thereof: All
and the following voted against the same: None
whereupon the resolution was declared duly passed and adopted.
Passed: April 12, 2010.
__________________________
Clerk
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
4.Consider Adoption of Amendments to the Rural Conservation Dwelling District (R1-
R) Ordinance –(Second Reading)
a.Planner, Michael Martin gave the report and answered questions of the council.
Councilmember Wasiluk moved toapprove the adoption of amendments to the rural
conservation dwelling district (R1-R) ordinance –Second Reading.
April 12, 2010 30
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ORDINANCE NO. 899
PROPOSED ORDINANCE MODIFYING THE R-1R (RURAL CONSERVATION DWELLING
RESIDENCE) ZONING DISTRICT
THE MAPLEWOOD CITY COUNCILPASSEDthe following changes to the Maplewood Code of
(Deletions are crossed out and additions are underlined.)
Ordinances:
DIVISION 3.5 R-1(R) RURAL CONSERVATION DWELLING DISTRICT
Sec. 44-117. Purpose and Intent.
The City of Maplewood finds that there is adirect link between the natural systems and character that
exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling
District are meant to preserve and enhance the ecological/aesthetic character by providing incentives
that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance
drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and
improve vistas; and 5) preserve or reinterpret local historical landmarks.
To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning district that
is intended to encourage conservation based development. This zoning district is for the areas of
Maplewood that are not suitable for suburban or tract development because of topography, vegetation or
other factors that make the area unique. The city finds the most suitable use of these areas is single
dwellings on large lots, but is interested in protecting the naturalresources and will encourage
developments to follow the conservation principles and initiatives identified in subsequent sections of this
ordinance. To further support the rural quality of the area, the density calculations in the R-1R district
shall be calculated on a net acre basis which is further described Section 44-130 (c) of this ordinance.
Low-density residential development and conservation development will lessen grading and soil erosion
and will help protect ground water, vegetation, ecological communitiesand wooded areas.
Sec. 44-118. Uses.
The City shall only allow the following uses:
(a)Permitted uses:
1)Any permitted use in the R-1 District, subject to its regulations.
(b)Conditional uses. The City may permit the following by conditional use permit:
1)Any use allowed by conditional use permit in the R-1 (single dwelling) District.
2)Commercial farming or gardening, including the use or storage or associated equipment,
when on a property with a single dwelling.
3)Stands for the sale of agricultural products grown or produced on the property.
4)Metal storage buildings, commonly known as pole barns or agri-buildings, subject to the
applicable size and height requirements.
(c)Prohibited uses. The city prohibits the following uses in the R-1R zoning district:
1)Accessory buildings without an associated single dwelling on the same property.
2)Reserved.
Sec. 44-119. Height of buildings.
The maximum height of a single-family dwelling shall be thirty-five (35) feet.
Sec. 44-120. Lot dimensions, lot area, width requirements, and side yards.
(a)No person shall build a single dwelling on a site less than eighty seven thousand one hundred
twenty (87,120) square feet (2 acres) in area; unless the conservation design principles are
applied as described in Section 44-128.
(b)Each lot or parcel shall have enough area or usable space for a house, driveway, and if needed,
awell and individual sewage treatment system (ISTS) with a primary and secondary site or an
acceptable design and plan for a community septic system or regional sewer.
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(c)Each dwelling and any accessory structure(s) shall have side yard setbacks as defined in table
44-120.1 and shall be measured from the property line to the structure. The following exceptions
to this standard shall apply:
1)The side yard on the street side of a corner lot shall have a width of at least thirty (30)
feet.
2)When a property owner uses two (2) or more adjoining lots as a single-building site, the
side yard requirements shall apply only to the outside lot lines.
(d)The following table identifies the minimum lot area and lot width based on the conservation tiers:
Table 44-120.1
Conservation Density Minimum Minimum Side Yard Front Yard
TierRange AreaFrontageSetbackSetback
Tier I (0-20.5 –1.5015,000100’30’50’
Principles)U/A43,560SF
Tier II (3-541.61–3.510,00080’15’30’
Principles)1.5U/A15,000SF
Tier III (6-73.6 –4.3 7,500 SF50’10’20’
Principles)U/A
(e)Each interior lot shall have at least eighty (80) feet of frontage on an improved public street.
(f)Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the public
streets.
Sec. 44-121. Front Yards.
(a)Each dwelling and any accessory structure(s) shall have a front yard setback as defined in table
44-120.1. Except that:
1)If each of the lotsnext to an interior lot has a dwelling, the minimum setback shall be the
setback of the adjacent dwelling closest to the street. The maximum setback shall be the
setback of the adjacent dwelling farthest from the street.
2)If subsection (a)(1) above does not apply and there is a predominant setback, a dwelling
shall be no further forward and no more than five feet to the rear of the predominant
setback.
3)Regardless of the above, if the city council has approved special setbacks for a
development, those setbacks shall apply. City approval of a preliminary plat with building
pads does not constitute approval of special setbacks.
4)Regardless of the above, homeowners may add on to their homes using the existing
setback.
5)In all cases, the accessory structures shall be no closer than the principle structure unless
approved by the City Council.
(b)The director of community development may allow a different front yard setback if the proposed
setback would not adversely affect the drainage of surrounding properties and ifany of the
following conditions apply:
1)The proposed setback would not affect the privacy of adjacent homes.
2)The proposed setback would save significant natural features, as defined in Section 9-
188.
3)The proposed setback is necessary to meet city, state orfederal regulations, such as
pipeline setback or noise regulations.
4)The proposed setback is necessary for energy saving, health or safety reasons.
Sec. 44-123. Rear Yards.
(a)Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot depth.
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(b)Accessory buildings shall have a rear yard setback of at least thirty (30) feet.
Sec. 44-124. Tower, antenna and flagpole setbacks.
Antennas and flagpoles for residential (non-commercial) use in the R-1R zoning district shall meet the
same setbacks as accessory buildings in the R-1 (single dwelling) district.
Sec. 44-125. Minimum foundation areas; room requirements.
(a)The minimum foundation area shall be at least:
1)A one-story dwelling, nine hundred fifty (950) square feet.
2)A one and one-half story dwelling, seven hundred twenty (720) square feet.
3)A bi-level dwelling, eight hundred sixteen (816) square feet.
4)A tri-level dwelling, seven hundred sixty five (765) square feet.
5)A two story dwelling, five hundred twenty-eight (528) square feet.
(b)Room size and number shall be consistent with the standards of the International Residential
Code.
Sec. 44-126. Building-width requirements.
The minimum building width on the primary frontage shall be at least twenty-one (21) feet. The building
width shall not include entryways or other appurtenances that do not run the fully depth of the building.
Sec. 44-127. Accessory buildings.
(a)Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height of
accessory buildings and garages in the R-1R zoning district.
(b)For lots in the R-1R zoning district, the following size standards shall apply to accessory buildings
and garages:
Table 44-127.1 Accessory Sizes
Detached Buildings (Max Attached Garages (Max Combination of detach
Area, Square Feet)Area, Square Feet)buildings and attached
Garage (Max Area)
Tier I1,400 (garages), 1,100 1,4002,800
(other)
Tier II1,0001,250SF Total1,000 1,2501,480 1,850
Tier III850 SF Total8501,000
Sec. 44-128. Definitions and Conservation Principles.
The conservation principles in the following table shall represent the conservation incentives for this
ordinance. The definitions of each principle follow the table. All incentives, and subsequent
conservation bonuses as described in Table 44-130.1, shall only be granted IF they exceed the minimum
standards set forth in the existing City ordinances that relate to environmental protection as identified in,
but are not limited to, Ordinance Chapters 12 and 44.
It shall be noted that the City has several ordinances that control and define natural resources and
environmental quality, in all cases, the more restrictive ordinance shall apply and it is the developer’s
responsibility to discuss any issues or questions regarding the applicable ordinances with the City
Planner.
The developer shall be aware that the conservation principles shall be subject to the
recommendations of the city staff, applicable commissions, planning commission and ultimate
approval by the city council. As stated in Sec. 44-129 the developer shall be required to work
closely with these bodies to develop a plan that supports the goals and objectives for the R-1R
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District. Without council approval the developer will be entitled to a base entitlement of one unit
per two acres with a 2.0 acre lot minimum.
In all cases, the developer shall receive a conservation bonus as described in Table 44-130.1 ONLY if
the development integrates the conservation principle as a dominant theme throughout the proposed
development. This shall be required of all proposed conservation principles. The City’s objective is to
maintain the rural quality of the R-1R district and encourage conservation principles and development in
the city’s areas with natural resource quality.
Table 44-128.1 identifies the conservation principles that may qualify for density incentives. The table is
categorized into two groups: Group A –Natural Characteristics and Group B –Design Characteristics.
The developer shall be required to present a diverse set of conservation principles for a site.
Additionally, the developer is encouraged to use a mix of conservation principles and may not duplicate
principles and receive a density incentive in exchange. For example if the developer proposes to
preserve a large wooded area and consequently preserves an important stand of oak trees, the
developer will receive the density incentive for one conservation principle not two.
Table 44-128.1 Conservation Principles for Density Incentives
Group A: Natural CharacteristicsGroup B: Design Characteristics
Additional Shoreline BuffersClustering
Additional Stormwater ManagementCreate/Develop Trail Connections
Creek Restoration ManagementCreate Passive Parks
Dedicate 50% Open SpaceEnergy Efficiency
Enhance/Preserve Large Wooded Areas or ForestHistoric Preservation
Enhance Wetlands, Create Management PlanLEED Certified Buildings/Development
Prairie RestorationLow Impact Development (LID)
Slope Buffer PreservationPreserve and Establish Natural Area Greenways
Tree PreservationVista Shed/Corridor Preservation
GROUP A: Natural Characteristics
The following conservation principles are defined for this ordinance as natural characteristics because
they directly apply specifically to naturally occurring characteristics ona site. The principles are
presented in alphabetical order.
Additional Shoreline Buffers:Beyond those already identified in the Shoreland Overlay District, the
creation and plan for permanent protection of protective buffers around those areas which are more
sensitive to the negative impacts of development, especially areas that are defined as bluffs or steep
slopes, where critical habitat may dwell, near historic tree clusters or heritage trees etcetera for which the
additional buffers may vary or be averaged near the location of protection importance.
Additional Stormwater Management:The city has existing stormwater management policies, but there is
opportunity to further improve the stormwater management on a site. The developer shall be given a
conservation bonus for a stormwater management plan and implementation that exceeds the city’s
existing policy.
Creek Restoration Management:Restoration projects that the city believes would assist in the restoration
of the stream or natural creek that compensate for the loss of past uses of the watershed due to
contamination, erosion and other influences or issues. Specific types of projects proposed for
implementation as part of a development plan would be those that enhance habitat, water quality, and
flow regime such as stormwater management, stream channel stabilization or greenways by
implementing conservation easements, or additional buffers in riparian corridors.
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Dedicate 50% Open Space:Open space is defined as public or publicly held land that is generally
natural in character and contains relatively few human-made structures. The developer can achieve a
conservation bonus for dedication of 50% of a site to open space. The open space dedication must be
developable or have buildable qualities inorder to achieve this principle. This conservation principle will
be mandatory to achieve the full density allocation.
Enhance/Preserve Large Wooded Areas or Forest:An act of deliberately avoiding the removal of clusters
of structurally healthy mature trees and understory trees which are native to the area and non-invasive,
individual heritage trees which are structurally healthy and greater than 20 caliper inches in order to
protect the present or future value for their use in protection from erosion, for their landscape and
aesthetic value, for their use in screening development or for other environmental or intrinsic benefits. To
meet this standard, the developer must prepare a health assessment of the trees on site, and must show
a polygon area on the site with permanent protection plan that the Developer shall implement, for the
areas to be preserved and a management plan including removal of invasive species on the site.
Enhance Wetlands, Create a Comprehensive Wetland Management Plan (CWMP):A plan to resolve
development and protection conflicts where wetlands affect a significant portion of a community. The
plan encompasses the identification, study, and evaluation of wetland functions and community values,
and development needs and investments with regard to wetlands protection, enhancement and
regulation. The applicant shall be required to create a plan, that the developer shall implement, that
exceeds the standards of the adopted Wetland Ordinance.
Prairie Restoration:After performing a historical analysis to determine pre-settlement conditions,
prepare a plan for prairie restoration with a specific management strategy that the developer shall
implement, over the course of five years in order to assure that the prairie establishes. This planshall be
submitted and approved by the city’s natural resource coordinator to determine if it meets this
requirement and subsequently qualifies for the conservation bonus.
Slope Buffer Preservation:A development plan that deliberately avoids placing anylots,in the buffer
area of a slope exceeding 12 percent,or as described in the city’s slope ordinance section 44-1238 and
building code section 12-308. The developer shall establish a buffer with permanent protection to
demonstrate how the buffer and slope is protected and the purpose of the protection measures and how
it exceeds the current slope ordinance requirements. A conservation bonus will be given for those plans
that exceed the standards identified in the current steep slopes ordinance.
Tree Preservation:Through means of a tree inventory, identifying the most significant trees on a site and
permanently protecting them. The developer shall be required to present a plan for protection of these
trees, and will be required to demonstrate how these trees will be integrated as a key component of the
development.
GROUP B: Design Characteristics
The following conservation principles relate to the design of a project or of a site. The principles are
presented in alphabetical order.
Clustering:A design technique that groups housing or development sites in a manner that allows for the
conservation and preservation of open spaces such as farmland, natural areas, including habitat areas
and open vistas.
Create/Develop Trail Connections:A plan that illustrates the development of trails that are indicated on
the Parks, Trails and Open Space Plan map as part of the subdivision process, whether active or passive
in nature, with an emphasis on creating trail connections to existing trails. A conservation bonus will be
given for the development and construction of the trail not for the land dedication which will be
considered part of the city’s park accessibility charges.
Create Passive Parks:An area set aside through the development process that is environmentally
sensitive and may or may not be developable. These parks may support passive uses such as walking
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trails, boardwalks and nature observation areas, but some areas may be too environmentally sensitive to
accommodate any public access. A conservation bonus will only be given for passive dedication areas
that are permanently protected and that are dedicated to a public entity.
Energy Efficiency: Using the Minnesota Greenstar Program, develop energy efficient and Greenstar
rated projects and buildings. A conservation bonus will be given when the developer utilizes the program
to create a ‘theme’ in a development and uses the Greenstar and conservation principles in marketing
the project.
Historic Preservation:Identifying and protecting through permanent means, any historically significant
areas on a specific site. If historical preservation is proposed as a conservation principle, the city’s
Historical Preservation Commission shall review and provide recommendations to the City Council
regarding this principle. To reinforce the historical quality, a signage plan shall be included to clearly
communicate the historical significance of the area or artifact.
LEED Certified Buildings/Development (3 Practices per structure):A national set of standards for
buildings and neighborhoods that focuses on the principles of green building, smart growth, sustainability
andhealthy living.The LEED for Neighborhood Development Rating System provides independent,
third-party verification that a development's location and design meet accepted high levels of
environmentally responsible, sustainable development. A conservation bonus will be given for a
minimum of 3 practices in the LEED standards certification criteria. The conservation bonus shall only be
given if the LEED standards are applied to all structures throughout a development. Developers are
encouraged to seek LEED certification.
Low Impact Development (LID):An ecologically friendly approach to site development and storm water
management thataims to mitigate development impacts to land, water and air. The approach
emphasizes the integration of site design and planning techniques that conserve the natural systems and
hydrologic functions of a site. In all cases, the developer must minimize the impervious surface coverage
to achieve low impact development, and must be a minimum of 5% below the 30% coverage standard
allowed. This must be accomplished in conjunction with other LID techniques to achieve this principle. In
order to achieve this principle the developer must demonstrate how they will achieve these principles.
Preserve and Establish Natural Area Greenways:The dedication, maintenance or management of an
area identified on the City’s Natural Areas Greenway map. The Natural Area Greenway is defined as
large contiguous areas of natural habitat that cross ownership boundaries.
Vista Shed/Corridor Preservation:A site plan or development pattern that is designed specifically to
protect an area on or near the development site that is viewed as integral to protecting the sense of
place, whether the features in the vista are cultural, historical or natural or whether they are viewed from
the street or within the development site.
Sec. 44-129 Application Requirements and Procedures.
The developer shall follow the steps outlined below as part of the development review process. The
developer shall be required to review the contents of this ordinance and prepare a plan consisting of
written and visual documents to support the proposed development.
(a)The developer shall review this ordinance and available natural resource data. The intent is to
establish the property’s ecological connections both within Maplewood and as part of the regional
ecological system. If the developer chooses not to use a conservation approach the developer
may develop at the base entitlement of one (1) unit per two (2) acres of land and skip to step e. If
the developer is interested in additional units and smaller lot sizes, then the developer shall follow
steps b-e.
(b)The developer shall prepare and submit a natural resources evaluation of the site, including all of
the following elements, this step is in preparation for meeting with the city planner and should be
completed prior to developing a concept plan:
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1)Tree survey, including all significant individual trees greater than 6 inches in diameter, and
stands of trees, identifying tree species and size.
2)Wetland inventory, including delineation reports; and MnRAM verification
3)Topographic survey indicating existing drainage patterns. This shall include one foot (1’)
contours for steep slope areas to better understand where the top and bottom of the
slopes are for preservation and placement
(c)The developer shall set up a meeting with the city planner to discuss and establish the intent and
goal for the subdivision. The process shall include a discussion regarding the appropriate
conservation principles as identified in Table 44-128.1 for the specific site and shall be based on
The principles utilized to
the preliminary natural resource information collected in step (b).
achieve higher densities on a site must be reviewed and recommended by the City Staff,
Planning Commission and approved by the City Council
. The conservation principles and
corresponding conservation bonuses are shown in table 44-130.1
(d)The developer shall create a concept plan that includes the following information:
1)A base yield plan, which demonstrates the number of allowed lots as determined by the
base entitlement of one unit per two acres.
2)A description of the conservation principles that are used and the corresponding
conservation bonus and unit count as the developer understands it. This shall also
include information and data that supports how the concept plan addresses the
conservation principle and how the plan meets and exceeds the standards of the city’s
existing natural resource ordinances.
3)A graphic that demonstrates generally how the lots would be laid out and the unit types
proposed as part of the development.
4)A narrative that describes theconservation principles used in the concept plan and
supporting data demonstrating how the concept meets the standards of existing
ordinances, and data demonstrating how the concept plan exceeds them.
5)The developer shall submit, with their concept plans, data and reports related to the
conservation principles performed by a reputable ecologist or ecological firm. The city
shall reserve the right, if needed, to hire their own ecological expert at the cost of the
developer to verify and further understand the plans submitted by the applicant/developer.
6)Submit twenty (20) copies of items 1 through 4 for informal or non-binding comments by
city staff, planning commission and city council. Each body will provide feedback and
recommendations to the developer sothe developer understands the changes they need
to make moving forward to the preliminary plat. It will be up to the city council to make the
final decision with respect to the implementation of the conservation principles and final
density of a project.
(e)After the concept plan review, the developer shall take and integrate the recommendations and
prepare a preliminary plat and final plat submittal in accordance with section 34-5 of the
subdivision ordinance.
(f)A full developer’s agreement as well as any necessary agreements that document the
conservation principles and how they will be upheld will be required as a part of any final plat
approval. This shall also include, if applicable, any dedication or transfer of property for the
purpose of permanent conservation which shall be completed prior to final plat approval or the
issuance of any building permit.
Sec. 44-130 Conservation Bonus Standards
The following conservation bonuses shall be rewarded based on the number of conservation principles
(as identified in Table 44-128.1) integrated within a development. The conservation principles and their
application must be agreed to by both the developer and the city.
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(a)Conservation bonus is defined as the additional allotment of a lot or lots as determined by the
number of conservation principles met. Conservation bonus is also commonly referred to as a
density bonus.
(b)The units obtained through the conservation bonus calculation shall always be rounded down to
the nearest whole number.
(c)The density and number of units shall be calculated on a net area basis. Net density shall be
defined as the number of dwelling units per acre exclusive of arterial streets and right of ways,
steep slopes (in excess of 18%), wetlands and water features, and other publicly dedicated
improvements such as parks.
Table 44-130.1Conservation Bonus Allotment for Conservation Principles
The following table identifies the baseline entitlement for all property zoned R-1R of 0.5 units per acre.
All conservation bonuses are cumulative andthe percentage bonus calculated as such.
Density Number of Conservation bonus (Housing Number of Lots on a 10
RangeConservation Units) Acre Site (Example)
Principles
Tier 1:0None –base entitlement of 2 Acre 5 Lots
0.5 –1Lots7 lots
1.50250%10 lots
100%
Tier 2:3-16 lots
1.6 –3.5 450100%2415lots
1.1 –1.55100%32 lots
Tier 3:6-36 lots
3.6 –4.37*20%43 lots
The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fifty percent
(50%) of a proposed project in open space. A management plan for all protected open space shall be
required to achieve final plat approval. Potential options include management by a Homeowners
Association, dedicated to a public use or interested agency.
This ordinance shall take effect after the approval by the city council and publishing in the official
newspaper.
The Maplewood City Council approved this ordinance revision on April 12, 2010.
_________________________________
Mayor
Attest:
______________________
City Clerk
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
5.Consider Adoption of the Rural Conservation Dwelling District (R1-R)
Ordinance, Summary Publication Review (Super Majority Vote Required)
a.Planner, MichaelMartin gave the reportand answered questions of the
council.
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Councilmember Juenemannmoved toapprove the R-1R summary ordinance amendments for
publication purposes. Staff will publish the summary ordinance in the city’s official newspaper.
SUMMARY ORDINANCE 899
THE FOLLOWING IS A SUMMARY OF THE MAJOR ORDINANCE REVISIONS TO THE CITY OF
MAPLEWOOD’S RURAL CONSERVATION DWELLING DISTRICT (R-1R)
ORDINANCE REQUIREMENTS
DIVISION 3.5 (R-1R)RURAL CONSERVATION DWELLING DISTRICT
Sec. 44-117. Purpose and Intent.
The City of Maplewood finds that there is a direct link between the natural systems and character that
exists throughout certain areas of the community. The requirements of this Rural Conservation Dwelling
District are meant to preserve and enhance the ecological/aesthetic character by providing incentives
that: 1) reinforce and establish ecological connections throughout the city; 2) protect and enhance
drainageways and water quality; 3) protect and enhance ecological communities; 4) preserve and
improve vistas; and 5) preserve or reinterpret local historical landmarks.
To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning district that
is intended to encourage conservation based development. This zoning district is for the areas of
Maplewood that are not suitable for suburban or tract development because of topography, vegetation or
other factors that make the area unique. The city finds the most suitable use of these areas is single
dwellings on large lots, but is interested in protecting the natural resources and will encourage
developments to follow the conservation principles and initiatives identified in subsequent sections of this
ordinance. To further support the rural quality of the area, the density calculations in the R-1R district
shall be calculated on a net acre basis which is further described Section 44-130 (c) of this ordinance.
Low-density residential development and conservation development will lessen grading and soil erosion
and will help protect ground water, vegetation, ecological communities and wooded areas.
The following major ordinance changes to the Rural Conservation Dwelling District (R-1R)
Ordinancewere passed by the Maplewood City Council on April 12, 2010:
The major changes to the rural conservation dwelling district ordinance are:
Section 44-120 reflects updated density ranges and conservation tiers. The first conservation tier
has a density range of 0.5 –1.0 units per net acre and requires either zero or two conservation
principles. The second conservation tier has a density range of 1.0 –1.5 units per net acre and
requires four conservation principles. The third conservation tier was been eliminated from the
ordinance.
Section 44-127 revises the criteria for accessory building sizes within the second conservation tier.
The maximum area for detached buildings is 1,250 square feet. The maximum area for attached
garages is 1,250 square feet. The maximum combined area for detach buildings and attached
garages is 1,850 square feet. The accessory building requirements for the third conservation tier
was been eliminated.
Section 44-130 revises Table 44-130.1 to reflect the updated and revises conservation tiers and
number of required conservation principles. Also language requiring 50 percent of land to be
dedicated for open space within the now eliminated third conservation tier has been removed.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
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6.Consider Adoption of the Conditional UsePermit/Planned Unit Development
Ordinance –Second Reading
Community Development and ParksDirector, DuWayne Konewkogave the
a.
report and answered questions of the council.
b.Planning Commissioner, Dale Trippler gave the planning commission
report.
Councilmember Nephewmoved toapprove the (second reading)to adopt the proposed
amendment of the conditional use permit/planned unit development ordinanceas amended.
ORDINANCE NO.900
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT
DEVELOPMENT REQUIREMENTS
The Maplewood City Council approves the following additions to the Maplewood Code of
Ordinances. (Additions are underlined and deletions are crossed out.)
Section 1. This section revises Article V of the Maplewood Code of Ordinancesdealing with
conditional use permits and planned unit developments.
ARTICLE V. CONDITIONAL USE PERMITS
Sec. 44-1091. Purpose.
The purpose of a conditional use permit is to provide the city with some discretion, based on
specific standards, in determining the suitability of conditional uses. The city is not obligated to approve
such uses.
(Code 1982, ss 36-436)
Sec.44-1092. Conditional uses.
The city council may issue conditional use permits for the following uses in any zoning district in
fromwhich they are not permitted andnot specifically prohibited:
(1)Public and private utilitiesutility, public service or public building uses.
(2)Mining. Refer to the requirements under article IV of this chapter.
(3)Library; community center; state-licensed day care or residential program unless exempted by state
law; church; hospital and a helistop as an accessory use to a hospital; any institution of any
educational, philanthropic or charitable nature; cemetery, crematory or mausoleum.
(4)An off-street parking lot as a principal use in a commercial or industrial zoning district.other than a
commercial or industrial district.
(5)Part of an apartment building for commercial use, intended for the building’s residents, such as
drugstore, beauty parlor, barbershop, medical office or similar use.
(6)Planned unit developments (PUD).
(7)Construction of an outlot.
(Code 1982, ss 36-437)
Sec. 44-1093. Planned unit developments.
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(a)A planned unit development (PUD) may not be divided unless the density distribution approved in
the PUD is ensured.
(b)The city councilmay consider flexibility from strict code compliance in the internal and external
design requirements of a proposed PUD and may consider deviations from those requirements.
It is the intention of this section and the other sections of this article relating to planned unit
developments to provide a means to allow flexibility by substantial deviations from this chapter,
including uses, setbacks, height and other regulations. Deviations may be granted for planned
unit developments provided that:
1.The proposed development and the surrounding neighborhood can be better served by
relaxing the code requirements that regulate the physical development or layout of the project
because of its unique nature.Certain regulations contained in this chapter should not apply
to the proposed development because of its unique nature.
2.The PUD would be consistent with the spirit, intent andpurposes of this chapter.
3.The planned unit development would produce a development of equal or superior quality to
that which would result from strict adherence to this chapter.
4.The deviations would notconstitute a significant threat to the property values, safety, health
or general welfare of the owners or occupants of nearby land or to the environment.
5.The deviations are required for thereasonable and practicalpracticable physical development
of the projectand are not required solely for financial reasons.
(c)The development shall conform to the plans and specifications as filed with the city. Any
substantive changes in the plans and specifications shall require arecommendation by the
planning commission and approval by the city council after a public hearing.
(d)Common open space. The developer shall provide deed restrictions, covenants, easements,
public dedication or other equally effective and permanent means to preserve and maintain any
common open space. The instruments must include all the following protection:
1.Except for routine maintenance, the city must approve the alteration of any vegetation or
topography that is visible from public water.
2.Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine
vehicle parking or the temporary storage of materials for an ongoing construction project.
3.Ifon a public water, prohibit the uncontrolled beaching of watercraft.
(e)Owners’ association. All planned unit developments with common open space must have an
owners’ association with the following features:
1.Each lot owner must be a member.
2.Each member must pay a pro rata share of the association’s expenses, and unpaid
association assessments can become liens on units or sites.
3.Association assessments must be adjustable to adapt to changing conditions.
4.The association must be responsible for insurance,taxes and maintenance of all commonly
owned property and facilities.
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(f)The city shall designate PUDs on the official city zoning map.
(Code 1982, ss 36-438)
Sec. 44-1094. Outlots.
(a)No building permit shall be issued for construction upon an outlot, except by conditional use
permit.
(b)The city council shall not grant a conditional use permit for building upon any outlot, unless the
outlot meets the following conditions:
1.It meets the minimum size and frontage requirements provided for in this chapter.
2.It has the requisite public improvements.
3.The permitted density under this Code has not been transferred to another parcel and is,
therefore, sufficient to accommodate the proposed construction.
4.The outlot is not used for permanent common open space.
5.The proposed construction can overcome or accommodate the topographical problems and
peculiar site characteristics.
(Code 1982, ss 36-439)
Sec. 44-1095. Application.
(a)An application for a conditional use permit may be made by any person having a legal interest in
the property described in the application. All applications shall be submitted to the director of
community development upon the form supplied by the city. The director shall not accept an
application that is not complete. Specific requirements shall be as stated on this form, but shall
include at least the following information, if applicable:
(1)All information required on the community design review board application.
(2)Written justification for any PUD deviations.
(3)An abstractor’s certificate showing property owners’ names and addresses within 500350
feet of the boundaries of the property for which the permit is requested.
(4)Any other information required by the director of community development, the city council or
the council’s advisory bodies.
(b)The applicant shall also, at the time of filing such application, pay a fee to the director of
community development to defray administrative expenses incurred by the city in the handling of
the application, which fee shall be established by the city council, by ordinance, from time to time.
(Code 1982, ss 36-440)
Sec. 44-1096. Procedure.
(a)After an application for a conditional use permit has been submitted, the director of community
development shall prepare a report and recommendation and submit it to theplanning
commission, andcommunity design review board and any other commission as appropriate, for a
recommendation to the city council. The staff report and the planning commission’s and
community design review board’srecommendations by all applicableadvisory boards or
commissionsshallthen be forwarded to the city council. The city councilplanning commission
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and community design review boardshall take action on the application within 60 days of their
respective hearing dates,unless an extension is approved in accordance with state statute.
writing by the applicant.
(b)The director of community development shall have a notice of the hearing published in the official
newspaper at least ten days before the hearing. The director shall also mail causea notice to be
mailedto each of the owners of property within 500350feet of the boundary lines of theproperty
upon which such use has been requested which notices are to be mailed to the last known address
of such owners at least ten days before the date of the hearing. Such notice shall include the date,
time and place of the hearing and shall describe the conditional use request. Failure of property
owners to receive notice shall not invalidate any of the proceedings in this section. The planning
commissioncity councilshall hold at least one public hearing on each application for a conditional
use permit. This hearing shall not be held untiltheThe citycouncil shall take final action after
considering thehas received writtenrecommendations or reports from the city staff, planning
commission, and community design review board and other applicable commissions.or until 60
days have elapsed from the respective hearing dates.
(c)The council may refer the application back to the planning commission when the council finds that
specific questions or information that may affect the final decision was not considered by the
planning commission. This procedure shall only be used once for each application.
(d)The city council may approve, amend or deny an application for a conditional use permit by a
majority vote.
(e)All decisions by the city council shall be final, except that any person aggrieved by a decision, may
within 30 days of the decision, appeal tothe county district court.
(Code 1982, ss 36-441)
Sec. 44-1097. Standards.
(a)A conditional use permit may be approved, oramended or deniedby satisfying all of based on
the following standards for approval, in addition to any standards or findings for a specific
conditional use found elsewhere in the Maplewood Code of Ordinances:in this chapter:
(1)The use would be located, designed, maintained, constructed and operated to be in
conformity with the city’s comprehensive plan and this Code.
(2) The use would not change the existing or planned character of the surrounding area.
(3)The use would not depreciateproperty values.
(4)The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any
personor property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution,drainage water runoff, vibration, general unsightliness, electrical interference or
othernuisances.
(5)The use wouldnot exceed the design standards ofany affected street.generate only minimal
vehicular traffic on local streets and would not create traffic congestion or unsafe access on
existing or proposed streets.
(6)The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
(7)The use would not create excessive additional costs for public facilities or services.
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(8)The use would maximize the preservation of and incorporate the site'snatural andscenic
features into the development design.
(9)The use wouldcause no more than
minimal adverse environmental effects.
(b)The city council may waive any of the requirements in subsection (a) of this section for a public
building or utility structure, provided the council shall first make a determination that the balancing
ofpublic interest between governmental units of the statewould be best served by such waiver.
(c)The applicant shall have the burden of proving that the use would meet all of thestandards
required for approval of a conditional use permit. The city may require the applicant provide, at
his cost, any information, studies or expert testimony necessary to establish whether these
standardswould be met or to establish conditions for approval.
(Code 1982, § 36-442)
Sec. 44-1098. Conditions.
(a)The city council, in granting a conditional use permit, may impose such conditions and
guarantees that it considers necessary and as supported by the record of the proceedings to
protect adjacent properties and the public interest and to achieve the goals and objectives of the
comprehensive plan.
(b) Conditions and guarantees may include but are not limited to the following:
(1)Controlling the number, area, bulk, height, illumination and location of such uses.
(2)Regulating access to the property, with particular reference to vehicle and pedestrian
safety and convenience, traffic control and emergency vehicle access.
(3)Regulating off-street parking and loading areas, including the number and width ofparking
spaces.
(4)The location and design of utilities including drainage.
(5)Berming,fencing, screening and landscaping, including underground sprinkling.
(6)Compatibility of appearance with surrounding land uses.
(7)Preservation of the site's natural, historic and scenic features in the developmentdesign.
(8)Limiting the number, size, location or lighting of signage, notwithstanding article IIIof this
chapter which pertains to signs.
(9)The location, dimensions and upkeep of open space.
(10)Increasing required lot size, yard dimensions or setback requirements.
(11)Compliance with any plans presented.
(12)A time limit for review of the permit.
(13)A written agreement, cash escrow, letter of credit orother guarantee to ensure that the
project will be built as approved.
(14)Restrictive covenants.
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(15)Control of the interior and exterior components of a building, provided that such condition
does not conflict with the building code. Such components may include but not be limited
to the finished exterior materials and installation of elevators.
(16)Control of potential noise generators.
(Code 1982, § 36-443)
Sec. 44-1099. Start of construction or use.
The proposed construction must be substantially started or the proposed use utilized withinone year of
council approval or the conditionaluse permit shall become null and void. Thecouncil may grant up to
one one-year extension of the permit if just cause isshown. Thisrequirement shall not apply to PUDs
with an approved phasing plan. Such extension shall be requested in writing and filed with the director of
community development at least 30 days before the expiration of the original conditional use permit.
There shall be no charge for filing such petition. The request for extension shall state facts showing a
good faith attempt to complete or utilize the use permitted in the conditional use permit.
(Code 1982, § 36-444)
Sec. 44-1100. Duration.
(a)All conditional use permits shall be reviewed by the council within one year of the date of initial
approval, unless such review is waived by council decision or ordinance. At theone-year review,
the council may specify an indefinite term or specific term, not to exceed five years, for
subsequent reviews. The council may impose new or additional conditions upon the permit at the
time of the initialor subsequent reviews.
(b)A conditional use permit shall remain in effect as long as the conditions agreed upon are
observed, but nothing in this section shall prevent the city from enacting or amending official
controls to change the status of conditional uses. Any conditional use that meets the agreed upon
conditions and is later allowed because of the city enacting or amending official controls shall be
considered a legal nonconforming use.
(Code 1982, § 36-445)
Sec. 44-1101. Termination, suspension or revision.
(a)The council may suspend or terminate the permit if the approved conditions have beenviolated or
the use is no longer in effect. Where the construction of a building or structure ofa monetary
value in excess of $100,000.00 has been permitted, the council shall provide for aperiod of
amortization of not less than five years. Where public health, safety and welfareconcerns are
threatened, the five-year amortization period is not required, and the council maydetermine the
amortization period, if any, to be allowed. The owner of the property upon whichthe conditional
use permit was issued shall be notified in writing at least ten days before themeeting. If the
proposed termination is based on a violation of conditions, the property ownerswithin 500350
feet shall also be notified. The director of community development may issue a stoporder for
work in progress until the council hears the matter.
(b)The city council may review a permit at any time. If the council decides to consider adding,
dropping or changing conditions, the council shall follow the procedures in section 44-1096 for
approving a new permit. The council shall not change conditions unless the conditional use no
longer meets one of the standards in section 44-1097 for approving a new permit.
(Code 1982, § 36-446)
Sec. 44-1102. Reapplication.
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Whenever an application for a conditional use permit has been denied by the city council, a similar
application affecting substantially the same property shall not be considered again by the cityfor at least
one year from the date of its denial, unless the council directs such reconsideration by at least four votes.
(Code 1982, § 36-447)
Sec. 44-1103. Conditional uses to conform to terms and conditions attached toissuance.
(a)Any use permittedunder the terms of any conditional use permit shall be established and
conducted in conformity with the terms and conditions of the permit.
(b)Any change involving structural alteration, enlargement, intensification of use, or similar change
not specifically permitted by the conditional use permit shall require anamended permit, and all
procedures shall apply as if a new permit were being issued. All uses existing on the effective
date of the ordinance from which this article derives shall be considered ashaving a conditional
use permit which contains conditions that permit the land use and structures as they existed on
such date. Any enlargement, structural alteration, or intensification of use shall require an
amended conditional use permit as provided for in this subsection.
(Code 1982, § 36-448)
Sec. 44-1104. Records.
The director of community development shall maintain a record of all conditional use permits issued,
including information on the use, location, conditions imposed by the council, time limits, review dates
and other information as may be appropriate.
(Code 1982, § 36-449)
Sec. 44-1105. Filing.
A certified copy of any resolution approving a conditional usepermit shall be filed with the county
recorder or registrar of titles. The resolution shall notinclude the legal description of the property. Failure
to file does not affect the validity or enforceability of the permit.
(Code 1982, § 36-450)
Secs. 44-1106—44-1130. Reserved.
Section 2. This section revises Section 44-6. Definitions.
Basic structural alterationmeans any enlargement of a building or modification to the framing of a
building, whether by extending on any side or by increasing in height, length, width or changes caused
byorthe moving of a building from one location to another.
Conditional usemeans a land use or development that would not be appropriate generally, but may be
allowed with appropriate conditions or restrictions as provided by theofficial controls outlined in Article V,
Conditional Use Permits.
Planned unit developments (PUD)means a type of development characterized by a unified site design,
with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use
structures such as an apartment with commercial shops, or similar projects. Residential PUDs must
have at least five dwelling units or dwelling sites. The PUD application, timing and recording process is
described under Article V, Conditional Use Permits.
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Section 3. This ordinance shall take effect after the approval by the city council and publishing in the
official newspaper.
The Maplewood City Council approved this ordinance revision on April 12, 2010.
_________________
Mayor
Attest:
______________________
City Clerk
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
7.Consider Adoption of the Conditional Use Permit/Planned Unit Development
Ordinance, Summary Publication Review (Super Majority Vote Required)
a.Community Development and ParksDirector, DuWayne Konewkogave the
report and answered questions of the council.
Mayor Rossbachmoved toapprove the adoption of the of the conditional use permit/planned unit
development ordinance, summary publication review.
SUMMARY ORDINANCE 900
THE FOLLOWING IS A SUMMARY OF THE MAJOR ORDINANCE REVISIONS TO THE CITY OF
MAPLEWOOD CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT
REQUIREMENTS
ARTICLE V. CONDITIONAL USE PERMITS
Sec. 44-1091. Purpose.
The purpose of a conditional use permit is to provide the city with some discretion, based on
specific standards, in determining the suitability of conditional uses. The city is not obligated to approve
such uses.
The following major ordinance changes to the conditional use permit/planned unit development
ordinance were approved by the Maplewood City Council on April 12, 2010:
Section 44-1092 is revised to state that the city council may issue a conditional use permit for listed
uses in any zoning district in which they are not specifically prohibited.
Section 44-1093 clarifies the criteria by which the city council may approve flexibility or deviation from
the code requirements.
Section 44-1096 recognizes that all of the city’s various advisory commissions serve to provide input
to the city council when the specific proposal involves their area of expertise. Previously, the
ordinance only recognized the planning commission and community design review board.
Section 44-1096 also revises the notification distance for mailing public hearing notices from 350 feet
to 500 feet.
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Section 44-1096 (a) (b) were reordered to properly reflect the project review sequence that actually
takes place.
Section 44-1097 (a) (5) is revised to state that one basis for approving a conditional use permit is that
the proposed use would not exceed the design standards of any affected street.
Section 44-1097 requires that in order to approve a conditional use permit, allof the required
standards for approval must be met.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
8.Consider Authorizing Consultant Contract for Review and Evaluation of
Water Utility Capital and Operating Expenses
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report
and answered questions of the council.
CouncilmemberJuenemannmoved toapprove a consultant contract with the team of Kimley-
Horn and Associates/Ehlers and Associates in an amount of $39,780 for the purpose of reviewing
and evaluating the water service utility expenses for operating and capital expenses incurred by
Maplewood residents, and authorize the Assistant City Manager to execute said contract
agreement and coordinate the study with this team.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
J.NEW BUSINESS
1.Approval of Off-Sale Intoxicating Liquor License New Store Manager –Jonathan
Edward Ingebretsen, Costco Wholesale Liquor
a.City Clerk, Director of Citizen Services Karen Guilfoile gave the report.
b.Costco Wholesale Liquor Store Manager, John Ingebretsen, 1431 Beam Avenue
addressed the council.
Councilmember Nephewmoved toapprove the Off-Sale Intoxicating Liquor License for Mr.
Ingebretsen at Costco Wholesale Liquor,1431 Beam Avenue.
Seconded by Mayor Rossbach.Ayes –All
The motion passed.
The city council took a 15-minute breakaround 9:30 p.m.
The council reconvened at 9:45 p.m.
2.Consider the Rezoning of Properties from M1 (light Manufacturing) to MU (Mixed Use)
Located at 2055 White Bear Avenue, 2080 Prosperity Avenue and 2075 Prosperity
Avenue
a.Community Development and Parks Director, DuWayne Konewkogave the report
and answered questions of the council.
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b.Planning Commissioner, Dale Trippler gave the planning commission report.
Councilmember Nephewmoved toapprove the rezoning of properties from M1 (light
manufacturing) to MU (mixed use) located at 2055 White Bear Avenue, 2080 Prosperity Avenue
and 2075 Prosperity Avenue. Therezoning is based on Minnesota Statute 473.865 subdivision 3,
requiring the city to bring the zoning of these properties into conformance with the adopted
comprehensive land use plan classification.
REZONING RESOLUTION 10-04-382
WHEREAS
,the City of Maplewood City Staffproposed a change to the city's zoning map from M1
(light manufacturing) to MU (mixed use);
WHEREAS
,this zoning map change applies tothe propertieslocated at 2055 White Bear Avenue,
2080 Prosperity Avenue and 2075 Prosperity Avenue. The property identification numbers
identifying the affected properties are:
PIN 15-29-22-11-0047; PIN 15-29-22-11-0050; PIN 15-29-22-11-0049; PIN 15-29-22-12-0030;
WHEREAS
,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that
reclassified the land use plan for the above referenced properties to MU.
WHEREAS
,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities
amend their official zoning map within nine months of their adopting their revised comprehensive
land use plan to match the new land use classification.
WHEREAS
, the history of this change is as follows:
1.OnMarch 16, 2010, theplanning commission held a public hearingto consider this rezoning.
The city staff published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the hearing a
chance to speak and present written statements prior to their recommendation.
2.On April 12,2010, the city council discussed the proposed zoning map change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED
that the city council approve the above-described
change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring the city to
bring the zoning of these properties into conformance with the adopted comprehensive land use plan
classification.
The Maplewood City Council approved this resolution on April 12, 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3.Consider the Rezoning of the Town & Country Manufactured Home Park and Adjacent
Vacant Properties From F (Farm Residential), R1 (Single Dwelling Residential) and M1
(Light Manufacturing) to R3 (Multiple Dwelling Residential)
a.Community Development and Parks & Recreation Director, DuWayne Konewko
gave the report and answered questions of the council.
b.Planning Commissioner, Dale Trippler gave the planning commission report.
Councilmember Nephewmoved toapprove the rezoning of the properties located on the west
side of Highway 61, south of the homes at 1094 to 1122 County Road C, including the Town &
April 12, 2010 49
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CountryManufactured Home Park, from F (farm residential), R1 (single-dwelling residential) and
M1 (light manufacturing) to R3 (multiple-dwelling residential). This rezoning is based on
Minnesota Statute 473.865 subdivision 3, requiring the city to bring the zoning of these properties
into conformance with the adopted comprehensive land use plan classification.
REZONING RESOLUTION 10-04-383
WHEREAS
,the City of Maplewood City Staffproposed a change to the city's zoning map from
F (farm residential), R1 (single dwelling residential) and M1 (light manufacturing) to R3 (multiple
dwelling residential);
WHEREAS
,this zoning map change applies to propertieslocated on the west side of Highway
61, south of the homes at 1094 to 1122 County Road C and the Town & Country Manufactured
Home Park. The property identification numbers identifying the affected properties are:
PIN 09-29-22-12-0012; PIN 09-29-22-12-0009; PIN 09-29-22-12-0010;
PIN 09-29-22-12-0011;PIN 09-29-22-21-0002;
WHEREAS
,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that
reclassified the land use plan for the above referenced properties to R3.
WHEREAS
,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities
amend their official zoningmap within nine months of their adopting their revised comprehensive
land use plan to match the new land use classification.
WHEREAS
, the history of this change is as follows:
1.OnMarch 16, 2010, theplanning commission held a public hearingto consider this
rezoning. The city staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The planning commission gave everyone at
the hearing a chance to speak and present written statements prior to their
recommendation.
2.On April 12, 2010, the city council discussed the proposed zoning map change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED
that the city council approve the above-
described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, requiring
the city to bring the zoning of this property into conformance with the adopted comprehensive
land use plan classification.
The Maplewood City Council approvedthis resolution on April 12, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
4.Resolution Requesting the Metropolitan Council to Study Fixed Bus Routes to Better
Serve Maplewood and Surrounding Communities
a.City Engineer, DeputyPublic Works Director, Michael Thompson gave the report and
answered questions of the council.
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Councilmember Wasilukmoved toapprove the resolution requesting the metropolitan council to
study the possible restructuring of fixed bus routes to better serve North St. Paul and Oakdale
and Maplewood.
CITY OF MAPLEWOOD
RESOLUTION 10-04-384
RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO STUDY THE POSSIBLE
RESTRUCTURING OF FIXED BUS ROUTES TO BETTER SERVE THE COMMUNITIES
OF NORTH ST. PAUL, OAKDALE AND MAPLEWOOD
WHEREAS,
Northeast Suburban Transit (NEST) has been serving the communities of North St.
Paul, Oakdale and Maplewood since its inception in 1987; and
WHEREAS,
with the transfer of service from NEST to Transit Link when the NEST service ended
on March 31, 2010; and
WHEREAS,
research shows that the new distance rule of one quarter mile in the winter and one
half mile in the summer will impact many elderly residents, and when mapped out that distance
will eliminate the ability of many of the elderly in our city the opportunity to qualify for the new
Transit Link Service; and
WHEREAS,
fixed routes servicing the residents of Maplewood, including routes 64, 80, and 219,
could potentially be better designed by linking senior housing areas to shopping and medical
destinations to lessen the loss of dial-a-ride service, which will happen in our community with
Transit Link; and
NOW THEREFORE BE IT RESOLVED
by the City Council of the City of Maplewood:
1.It hereby requests that the Metropolitan Council study fixed routes 64 and 80 to
understand if alternate routes could better service the community of Maplewood; and
2.Also requests that the Metropolitan Council study fixed route 219 to understand if an
alternate route could better service the communities of North St. Paul, Oakdale, and
Maplewood.
th
Adopted this 12day of April, 2010.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
5.Hills and Dales Area Street Improvements, Project 09-15, Resolution Accepting
Assessment Rolland Ordering Assessment Hearing For May 10, 2010
a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and
answered questions of the council.
Councilmember Juenemannmoved toapprove the resolution for the Hills and Sales Area Street
Improvements. Project 09-15: Accepting Assessment Roll and Ordering Assessment Hearing for
May 10, 2010.
RESOLUTION 10-04-385
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING
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WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared
an assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, andthe
said assessment roll is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1.A hearing shall be held on the 10th day of May2010, at the city hall at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2.The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said assessment.
The notice of hearing shall state the date, time and place of hearing, the general nature of the
improvement the area to be assessed, that the proposed assessment roll is on file with the clerk
and city engineer and that written or oral objections will be considered.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
6.Consider Ordinance Revisions for Commission and Board Member Term Expiration
Dates
a.Ordinance Amending the Historical Preservation Commission, Community Design Review
Board and Park & Recreation Commission –(First Reading)
b.Resolution Changing Commission and Board Member Term Expiration Dates
i.Assistant City Manager, Public Works Director Chuck Ahl gave the report and
answered questions of the council.
Councilmember Wasilukmoved totablethe proposed ordinance making revisions to the city
ordinances for the Community Design Review Board, Historical Preservation Commission and the
Park & Recreation Commission.
Seconded by CouncilmemberJuenemann.Ayes –All
The motionto tablepassed.
K.VISITOR PRESENTATIONS
1.Mark Bradley, Maplewood. Mr. Bradley spoke regarding the placement of Visitor
Presentations on the agenda and his opinion that the city should have an active compost site.
2.John Wykoff, Maplewood. Mr. Wykoff questioned if privately owned emergency vehicles with
emergency lights can be used for rally’s. Staff informed Mr. Wykoff that the state prohibits this
useunder State Statute 16964.
3.Bob Zick, Maplewood. Mr. Zick spoke on cuts to be made in the 2010 city budget.
L.AWARD OF BIDS
None.
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M.ADMINISTRATIVE PRESENTATIONS
1.Approval of Resolution Adopting the 2010 City Council Goals
a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered
questions of the council.
Councilmember Juenemannmoved toapprove the resolution adopting the 2010 City Council
Goals.
Resolution 10-04-386
Establishing City Council Three Year Goals
WHEREAS
, the city council of the City of Maplewood on February 5,2010 held acity
council retreat and discussed their goals ranking them inorder of priority as follows;
Goal Number 1 -Restore Reputation of Maplewood
Re-establish Maplewood’s reputation as an attractive, viable community withgood management,
financial stability,sensible leadership with professional anddedicated staff.
Goal Number 2 -
Good Government
Make Maplewood city government transparent and accessible; operate within anenvironment of
efficiency and mutual respect. Take steps to restore trust andrespect between the citizens, staff
and elected officials.
Goal Number 3 -
Parks and Recreation Department
Re-establish a Parks and Recreation Department using input from citizensurveys; revitalize
leadership, establish new direction, programdetermination/stabilization, and possible joint
venture with neighboringcommunities.
Goal Number 4 -
Environmental Planning
Further develop processes for “going green,” sustainability.
Goal Number 5 -
Fiscal Responsibility
Manage the city’s finances and financial planningeffectively with an eye toproviding stability and
maximum value in the long term for our citizens.
Goal Number 6 -
Infrastructure
Complete infrastructure upgrades.
Goal Number 7 -
Redevelopment Plan
Create and commit to a redevelopment plan for the city through prioritizing andupdating the
Master Plan.
WHEREAS
, these goals were established by the city council with inputfrom city staff and
will be placed in prominent places so that they may beviewed by the citizens of Maplewood.
NOW, THEREFORE, BE IT RESOLVED,
that the City Council of the City of Maplewood
hereby approves the Resolution Establishing City Council Three Year Goals that were set on
February 5, 2010.
Approved this 12thDay of April, 2010.
_________________________
Mayor Will Rossbach
_______________________
Attest: Karen Guilfoile
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City Clerk
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
N.COUNCIL PRESENTATIONS
Extreme Green Makeover Reminder -
1.Councilmember Juenemann gave an update on the
Extreme Green Makeoverprogram.She informed everyone that application forms can be
th
obtained at the Maplewood Nature Center, 2659 7Street East, Maplewood and submit the
form by Friday, June 25, 2010. Further information is on the city’s website.
Adopt a Park Day –Spring Clean Up Day -
2.Councilmember Juenemann gave an update on
Adopt a Park Day on April 17, 2010. Interested parties can contact the Maplewood Nature
Center for more information. Councilmember Juenemann also noted that April 24, 2010, from
8 to 1 p.m. is the city Spring Clean upday at Aldrich Arena.
Eagle Scout Award -
3.Councilmember Juenemann gave an update on the Eagle Scout Award
Ceremony at the Arlington Hills Methodist Church. TheEagle Scout Awardwent to Zachury
Sether from Troup 25.
Citizens Forum -
4.Councilmember Nephew asked the council if the city should begin audio
recording the Citizens Forum and make it available for citizens to refer back to.He also
announced that the next Citizens Forum will be hosted by Councilmember Llanas on
Saturday, May 1, 2010at 10 a.m.
Sod -
5.Councilmember Juenemann gave citizens afriendly reminder that ifthey received new
sodfrom the cityafter a street projectto water the sod so it doesn’t die.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at 10:50p.m.
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