HomeMy WebLinkAbout06-28-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,June 28, 2010
Council Chambers, City Hall
Meeting No.14-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:07p.m.byMayor 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.National Night Out–Councilmember Juenemann
N2.League of Minnesota Cities Conference–Councilmember Nephew
CouncilmemberNephewmoved to approve the agenda asamended.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
Approval of the June 7, 2010, City Council Workshop Minutes (Closed Session).
CouncilmemberNephewmoved to approve the June 7, 2010, City Council Workshop Minutes
(Closed Session) as submitted.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
Approval of the June 7, 2010, City Council Workshop Minutes.
Councilmember Nephewmoved to approve the June 7, 2010, City Council Workshop Minutes as
submitted.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
June 28, 2010 1
City Council MeetingMinutes
Approval of the June 14, 2010, Council Manager Workshop Minutes
Councilmember Nephewmoved to approve the June 14, 2010, City Council Manager Workshop
Minutes as submitted.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
Approval of the June 14, 2010,City Council Meeting Minutes
Mayor Rossbach had a correction on page 12, item 3. a. the motion should be seconded by
Councilmember Wasiluknot Councilmember Juenemann.
Councilmember Nephew had emailed the following changes to the June 14, 2010, City Council
Meeting Minutesto the city clerk:
1.On page 5, item 5, it should say iMac PowerPC G5 not 65.
2.On page 6 of the minutes,item 6,it should sayWhereas it is nownecessary not no
necessary.
3.On page 9 of the minutes, under Ordinance No. 903, it should read (Article VII) not (Article)
VII moving the )over.
4.On page 12 of the minutes, above item 3, it should say assume the rolenot assume the roll.
Councilmember Nephewmoved to approve the June 14, 2010, City Council Meeting Minutes as
amended.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Promotion of Sergeant Michael Nye
a.Maplewood Police Chief, Dave Thomalla gave the introduction and recognized the
promotion of Sergeant Michael Nye.
G.CONSENT AGENDA
1.Councilmember Juenemannmoved to approve items1-12.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
1.Approval of Claims
CouncilmemberJuenemannmoved Approval of Claims.
ACCOUNTS PAYABLE:
June 28, 2010 2
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$148,575.73Checks #81523thru #81575
Dated 06/04/10 thru 06/15/10
$ 162,552.91Disbursements via debits to checking account
Dated 06/04/10 thru 06/11/10
$257,067.49Checks # 81576thru # 81630
Dated 06/10/10 thru 06/22/10
$ 309,408.04Disbursements via debits to checking account
Dated 06/11/10 thru 06/18/10
__________________
$ 877,604.17Total Accounts Payable
PAYROLL
$497,046.29Payroll Checks and Direct Deposits dated 06/11/10
$ 2,800.75Payroll Deduction check #1009080thru #1009082
Dated 06/11/10
___________________
$499,847.04Total Payroll
GRAND TOTAL
$ 1,377,451.21
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
2.Approval of Miscellaneous Permits Ramsey County Fair
Councilmember Juenemannmoved toapprove the permits to be waived for the Ramsey County
Fair for July 14 –July 18, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
3.Approval of Resolution Authorizing Purchase of Insurance Agent Services
Councilmember Juenemann moved toapprove the resolution to retain Arthur J. Gallagher and
Company as the insurance agent at a cost of $12,000.
Councilmember Juenemann introduced the following resolution and moved its adoption:
RESOLUTION 10-06-416
BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of
record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2010 and
continuing through June 30, 2011.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Wasilukand upon vote being taken thereon, the following voted in favor ALL
June 28, 2010 3
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and the following voted against the same:NONE
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA)
COUNTY OF RAMSEY) SS
CITY OF MAPLEWOOD)
I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
28th day of June2010
minutes of a regular meeting of the City of Maplewood, held on the , with
the original on file in my office, and the same is a full, true and complete transcript therefrom
insofar as the same relates to the Reappointment of Arthur J. Gallagher and Company as the
broker of record and insurance agent for the City of Maplewood starting July1, 2010 through
June 30, 2011.
28thday of June2010.
WITNESS my hand this
________________________________
Karen Guilfoile -City Clerk
City of Maplewood, Minnesota
Seconded by CouncilmemberWasiluk.Ayes –All
The motionpassed.
4.Resolution Establishing Depository Services Account for Trans Medic Ambulance Billing
Activity
Councilmember Juenemannmoved toapprove the resolution establishing depository services
account for trans medic ambulance billing activity.
RESOLUTION 10-06-418
DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES
DEPOSITOR NAME:
City of Maplewood
CONTACT:
Gayle Bauman
ADDRESS:1830 County Road B East
Maplewood, MN 55109
TAX IDENTIFICATION NUMBER:41-6008920
Karen GuilfoileCity Clerk
I, do hereby certify that I am the of the above-named governmental
CityMinnesota
entity (therein called the “Depositor”) aexisting under the laws of the State of
and that the following is a true, complete and correct copy of resolutions adopted at a meeting of
th
28June10
the Depositor duly and properly called and held on thedayof , 20; that a quorum was
present at said meeting; and that said resolutions are now in full force and effect.
RESOLVED
, that U.S. Bank National Association is hereby designated as a depository of the
Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by
June 28, 2010 4
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whomsoever made of funds and other property in whatever form or manner transferred to
endorse; and that any officer of the Depositor is hereby authorized to open or cause to be opened
one or more accounts with the Bank on such terms, conditions and agreements as the Bank may
now or hereafter require and to make any other agreements deemed advisable in regard to any of
the foregoing. Depositor acknowledges and agrees that the services contemplated by this
resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit
accounts, as amended from time to time.
RESOLVED
, that checks, drafts or other orders for the payment, transfer or withdrawal of any of
the funds or other property of the Depositor on deposit with the Bank shall be binding on the
Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise
authorized, byany one of the individual listed in the section entitled “Authorized Signers”, and the
Bank is hereby authorized to pay and charge to the account of the Depositor any such checks,
drafts or other orders so signed or otherwise authorized, including those payable to the individual
order of the same person for application, or which are actually applied to the payment of any such
indebtedness awing the Bank from the person or persons who signed such checks, drafts or
other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in
limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or
telephonic directions to the Bank complying with such rules and regulations relating to such
authorization as the Bank may communicate to the depositor from time to time.
RESOLVEDCity Clerk
, that the hereby certifies to the Bank the names and signatures (either
actual or any form or forms of facsimile or mechanical signatures adopted by the person
authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter,
upon a change in the facts so certified, immediately certify to the Bank the names and signatures
(actual or facsimile) of the persons then authorized to sign or to act. TheBank shall be fully
protected in relying on such certificates and on the obligation of the certifying officer (set forth
above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall
be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss
ordamage resulting from or growing out of honoring or relying on the signature of other authority
(whether or not properly used and, in the case of any facsimile signature, regardless of when or
bywhom or by what means such signature may have been made or affixed) of any officer or
person whose name and signature was so certified, or refusing to honor any signature or
authority not so certified.
RESOLVED
, That these resolutions shall continue in force until express written notice of their
rescission or modification has been furnished to and received by the Bank; and
RESOLVED
, That any and all transactions by or on behalf of the Depositor with the Bank [prior to
the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and
confirmed.
I further certify that the officers of the Depositor signing the resolution, have, and at the time of
adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions
and to confer the powers therein granted to the persons named, and that such persons have full
power and authority to exercise the same.
I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons
authorized to sign or act on behalf of the Depositor by its governing board identified above are as
set forth below in the section of this Resolution entitled “Authorized Signers”.
I further certify, under penalties of perjury, that the tax identification number shown above is
correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b)
has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the
Depositor that it is no longer subject to backup withholding.
Account Number: ______________________________
Authorized Signers
June 28, 2010 5
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NameTitleSignatures
Will RossbachMayor
James W. AntonenCity Manager
Gayle BaumanFinance Manager
__________________________________________
__________________________________________
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this
28thJune10.
day of ,20
____________________________________ __________________________________________
(Certifying Officer) (Title)
____________________________________ __________________________________________
(Attest by one other officer) (Title)
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
5.Resolution Authorizing the Sale of 2010B Bonds
CouncilmemberJuenemann moved toapprove the resolution authorizing the sale of the 2010B
Bonds.
EXTRACT OF MINUTES OF A MEETING
OF THE CITY COUNCIL
CITY OF MAPLEWOOD, MINNESOTA
HELD: June 28, 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 June 28, 2010, at
7:00 P.M., for the purpose, in part, of authorizing the issuance and sale of $4,050,000 General
Obligation Refunding Bonds, Series 2010B.
The following members were present:ALL
and the following were absent:NONE
Member Juenemannintroduced the following resolution and moved its adoption:
RESOLUTION 10-06-417
PROVIDING FOR THE ISSUANCE AND SALE OF $4,050,000 GENERAL OBLIGATION
REFUNDING BONDS, SERIES 2010B AND PLEDGING TAX INCREMENTS, NET REVENUES
AND SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF
A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has
heretofore created Development District No. 1 ("Development District No. 1") pursuant to the provisions
of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program
(the "Program") with respect to Development District No. 1; has also approved tax increment financing
plans (the "Plans"), and designated Housing Districts No. 1-1, 1-2 and 1-3 housing districts (collectively,
June 28, 2010 6
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the "Tax Increment District") under the provisions of Minnesota Statutes, Section 469.174 through
469.179; and
B.WHEREAS, tax increments derived from the Tax Increment District are referred to herein
as the "Tax Increments"; and
C.WHEREAS, the City hereby determines and declares that it is necessary and expedient to
provide moneys for a crossover refunding of the City's $5,185,000 original principal amount of General
Obligation Tax Increment Refunding Bonds, Series 2002C, dated December 1, 2002 (the "Prior Tax
Increment Bonds"), which mature on and after February 1, 2012; and
D.WHEREAS, $1,370,000 aggregate principal amount of the Prior Tax Increment Bonds
which matures on and after February 1, 2012 (the "Refunded Tax Increment Bonds"), is callable on
February 1, 2011 (the "Call Date"), at a price of par plus accrued interest, as provided in the resolution
adopted on November 7, 2002, authorizing the issuance of the Prior Tax Increment Bonds (the "Prior
Tax Increment Resolution"); and
E.WHEREAS, the City owns and operates a municipal sanitary sewer system (the "System")
as a separate revenue producing public utility, and there are outstanding $1,490,000 original principal
amount of General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003 (the "Prior
Sewer Bonds"), which mature on and after February 1, 2012; and
F.WHEREAS, the City hereby determines and declares that it is necessary and expedient to
provide moneys for a crossover refunding of the $750,000 aggregate principal amount of the Prior Sewer
Bonds which matures on and after February 1, 2012 (the "Refunded Sewer Bonds"), is callable on
February 1, 2011 (the "Call Date"), at a price of par plus accrued interest, as provided in the resolution
adopted on July 10, 2003, authorizing the issuanceof the Prior Sewer Bonds (the "Prior Sewer
Resolution"); and
G.WHEREAS, the City hereby determines and declares that it is necessary and expedient to
provide money for a crossover refunding of the City's $3,650,000 original principal amount of General
Obligation Improvement Bonds, Series 2003A, dated August 1, 2003 (the "Prior Improvement Bonds")
which mature on and after February 1, 2012; and
H.WHEREAS, $1,880,000 aggregate principal amount of the Prior Improvement Bonds
which matures on and after February 1,2012 (the "Refunded Improvement Bonds"), is callable on
February 1, 2011 (the "Call Date") at a price of par plus accrued interest, as provided in the resolution
adopted on July 10, 2003, authorizing the issuance of the Prior Improvement Bonds (the "Prior
Improvement Resolution"); and
I.WHEREAS, the Prior Tax Increment Bonds, Prior Sewer Bonds and Prior Improvement
Bonds may hereinafter be referred to as the "Prior Bonds"; and
J.WHEREAS, the Refunded Tax Increment Bonds, Refunded Sewer Bonds and Refunded
Improvement Bonds may hereinafter be referred to as the "Refunded Bonds"; and
K.WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with
the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and
L.WHEREAS, in accordance with the Resolution Approving the Issuance of General
Obligation Refunding Bonds, Series 2010B, adopted by the City Council on April 12, 2010, the City
Council hereby determines and declares that it is necessary and expedient to issue $4,050,000 General
Obligation Refunding Bonds, Series 2010B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota
Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and
M.WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry
form as hereinafter provided; and
June 28, 2010 7
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as
follows:
1.Acceptance of Proposal. The proposal of Cronin & Company, Incorporated (the
“Purchaser”) to purchase the bonds, in accordance with the Terms of Proposal established for the
Bonds, at the rates of interest hereinafter set forth, and to pay therefore the sum of $4,102,035.85, plus
interest accrued to settlement, is hereby ratified, confirmed and accepted and the Bonds are hereby
awarded to the Purchaser.
2.Bond Terms.
(a)
Original Issue Date; Denominations; Maturities. The Bonds shall be dated as of the date
of delivery, as the date of original issue, shall be issued forthwithon or after such date in fully registered
form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple
thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years
andamounts as follows:
YearAmount
2012$670,000
2013660,000
2014690,000
2015710,000
2016330,000
2017330,000
2018335,000
2019325,000
As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory
sinking fundredemption 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 $1,390,000 maturing in eachof the years
and amounts hereinafter set forth are issued to refund the Prior Tax Increment Bonds (the "Tax
Increment Refunding Portion"); and the aggregate principal amount of $760,000 maturing in each of the
years and amounts hereinafter set forth are issued to refund the Prior Sewer Bonds (the "System
Refunding Portion"); and the aggregate principal amount of $1,900,000 maturing in each of the years
and amounts hereinafter set forth are issued to refund the Prior Improvement Bonds (the "Improvement
Refunding Portion"):
Tax Increment System Refunding Improvement
YearRefunding PortionPortionRefunding PortionTotal Amount
(Amount) (Amount) (Amount)
2012$315,000$90,000$265,000$670,000
2013335,00090,000235,000660,000
2014360,00095,000235,000690,000
2015380,00095,000235,000710,000
201695,000235,000330,000
2017100,000230,000330,000
2018100,000235,000335,000
201995,000230,000325,000
June 28, 2010 8
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If the 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 any 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 Prior Improvement Bonds, the prepayment shall be allocated to the Improvement Refunding Portion
of debt service. If the source of prepayment is special assessments pledged to the Prior Sewer Bonds,
the prepayment shall be allocated to the System Refunding Portion. If the source of prepayment is
excess net revenues of the System pledged to the Prior Sewer Bonds, the prepayment shall be allocated
to the System Refunding Portion of debt service. If the source of prepayment is Tax Increments pledged
to the Prior Tax Increment Bonds, the prepayment shall be allocated to the Tax Increment Refunding
Portion of debt service.
(a)
Book Entry Only System. The Depository Trust Company, a limited purpose trust
company organized under the laws of the State of New York or any of its successors or its successors to
its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end:
(i)
The Bonds shall be initially issued and, so long as they remain in book entry form
only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully
registered Bond for each maturity of the Bonds; and for purposes of complying with this
requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be
deemed to be limited during the Book Entry Only Period to the outstanding principal amount of
that Bond.
(ii)
Upon initial issuance, ownership of the Bonds shall be registered in a bond register
maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the
nominee (it or any nominee of the existing or a successor Depository, the "Nominee").
(iii)
With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution for which
the Depository 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 therecord date identified in a listing attached to the omnibus
proxy.
(iv)
The City and the Bond Registrar may treat as and deem the Depository to be the
absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any,
and interest on the Bonds, for the purpose of giving notices of redemption and other matters with
respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by
Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose
whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and
premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as
shown on the bond register, and all such payments shall be valid and effective to fully satisfy and
discharge the City's obligations with respect to the principal of and premium, if any, and interest
on the Bonds to the extent of the sum or sums so paid.
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(v)
Upon delivery by the Depository to the Bond Registrarof written notice to the
effect that the Depository has determined to substitute a new Nominee in place of the existing
Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee
hereunder shall refer to such new Nominee.
(vi)
So long as any Bond is registered in the name of a Nominee, all payments with
respect to the principal of and premium, if any, and interest on such Bond and all notices with
respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the
case may be, to the Depository as provided in the Letter of Representations to the Depository
required by the Depository as a condition to its acting as book-entry Depository for the Bonds
(said Letter of Representations, together with any replacement thereof or amendment or
substitute thereto, including any standard procedures or policies referenced therein or applicable
thereto respecting the procedures and other matters relating to the Depository's role as book
entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of
Representations").
(vii)
All transfers of beneficial ownership interests in each Bond issued in book-entry
form shall be limited in principal amount to Authorized Denominations and shall be 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 Cityor Bond Registrar with respect to any consent or
other action to be taken by Holders, the Depository shall consider the date of receipt of notice
requesting such consent or other action as the record date for such consent or other action;
provided, that the City or the Bond Registrar may establish a special record date for such consent
or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository
notice of such special record date not less than 15 calendar days in advance of such special
record date to the extent possible.
(ix)
Any successor Bond Registrar in its written acceptance of its duties under this
Resolution and any paying agency/bond registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of Representations.
(x)
In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination, 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 or the continuation of the system of book-entry transfers through the
Depository is not in the best interests of the City or the Beneficial Owners.
(ii)
Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions of the
Depository hereunder can be found which, in the opinion of the City, is willing and able to assume
such functions upon reasonable or customary terms, or if the City determines that it is in the best
interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to
obtain certificatesfor the Bonds, the Bonds shall no longer be registered as being registered in
the bond register in the name of the Nominee, but may be registered in whatever name or names
the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the
June 28, 2010 10
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extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance
with paragraph 10, the Bonds will be delivered to the Beneficial Owners.
(iii)
Nothing in this subparagraph (c) shall limit or restrict the provisions ofparagraph
10.
(c)
Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any such
provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of
Representations shall control.
3.Purpose; Refunding Findings. The Bonds shall provide funds for a crossover refunding of
the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding
is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the
Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City
from a total dollar amount of $5,747,053.76 for the Prior Bonds to a total dollar amount of $5,588,831.26
for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67,
Subdivision 12 and that the savings test required by Minnesota Statutes, Section 475.67, subdivision 12
is met for each series of Refunded Bonds refunded by the Bonds.
4.Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1
of each year (each, an "Interest Payment Date"), commencing February 1, 2011, calculated on the basis
of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the
maturity years as follows:
Maturity YearInterest Rate
20122.00%
20132.00
20142.00
20152.00
20162.50
20173.00
20183.25
20193.25
5.No Optional Redemption. The Bonds are not subject to optional redemption and
prepayment.
6.Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to
act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so
unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and
Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as
paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the
Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in
the form of Bond and paragraph 12.
7.Form of Bond. TheBonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
RAMSEY COUNTY
CITY OF MAPLEWOOD
R-_________$_________
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GENERAL OBLIGATION REFUNDING BOND, SERIES 2010B
Interest RateMaturity DateDate of Original IssueCUSIP
February 1, July 8, 2010
REGISTERED OWNER:CEDE & CO.
PRINCIPAL AMOUNT:
The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for
value received promises to pay to the registered owner specified above, or registered assigns, in the
manner hereinafter set forth, the principal amount specified above, on the maturity date specified above,
without option of prior 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 dateof 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 registrationbooks of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business on the
fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record
Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof
as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close
of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money
becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be
given to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bondare 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 principalof,
premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in
the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be
required for payment of the redemption price upon a partial redemption of this Bond. Until termination of
the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the
Depository or its Nominee.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of
$4,050,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and
denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of
Minnesotaand pursuant to a resolution adopted by the City Council on June 28, 2010 (the "Resolution"),
for the purpose of providing funds sufficient for a crossover refunding on February 1, 2011, of the
Issuer's (i) General Obligation Tax Increment Refunding Bonds, Series 2002C dated December 1, 2002,
which mature on and after February 1, 2012; (ii) General Obligation Improvement Bonds, Series 2003A,
dated August 1, 2003, which mature on and after February 1, 2012; and (iii) General Obligation Sewer
Revenue Bonds, Series 2003B, dated August 1, 2003, which mature on and after February 1, 2012.
This Bond is payable out of the Escrow Account and the Debt Service Account established by the City
pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide
moneys for the prompt and full payment of its principal, premium, if any, and interest when the same
become due, the full faith and credit and taxing powers of the Issuer have been and are hereby
irrevocably pledged.
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in
Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered
Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of
the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution.
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Reference is hereby made to the Resolution for a description of the rights and duties of the Bond
Registrar. Copies of theResolution are on file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized
in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond
Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable
regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer
shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or
more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer"
or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount
equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover
any tax or other governmental charge payable in connection with the transfer or exchange of this Bond
and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name
this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and
for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar.
Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-
exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to
and in the issuance of this Bond, have been done, have happened and have been performed, in regular
and due form, time and manner as required by law, and that this Bond, together with all other debts of
the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the
original purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City 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
CERTIFICATE OF
CITY OF MAPLEWOOD,
AUTHENTICATION
RAMSEY COUNTY, MINNESOTA
This Bond is one of the Bonds
described in the Resolution
mentioned within.
/s/ Facsimile
Mayor
U.S. Bank National Association
St. Paul, Minnesota
Bond Registrar
/s/ Facsimile
Clerk
By____________________
Authorized Signature
ABBREVIATIONS
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The following abbreviations, when used in the inscription on the face of this Bond, shall be construed
as though they were written out in full according to applicable laws or regulations:
TEN COM -as tenants in common
TEN ENT -as tenants by the entireties
JT TEN -as joint tenants with right of survivorship and not as tenants in common
UTMA-_____________ as custodian for _____________
(Cust)(Minor)
under the _____________________ Uniform Transfers to Minors Act
(State)
Additional abbreviations may also be used though not in the above list.
___________________________________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto ________ the within
Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the
books kept for the registration thereof, with full power of substitution in the premises.
Dated:__________ _____________________________________________________
Notice:The assignor's signature to this assignment must
correspond with the name as it appears upon the face of
the within Bond in every particular, without alteration or any
change whatever.
Signature Guaranteed:
___________________________
Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a
membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined
in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will notaffecttransfer of this Bond unless the information concerning the transferee
requested below is provided.
Name and Address: ________________________________________
________________________________________
________________________________________
8.Execution; Temporary Bonds. The Bonds shall be in typewritten form, shall be executed
on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City;
provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has
been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may
be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or
disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on
the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until
delivery.
9.Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any
security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially
in the form hereinabove set forth, shall have been duly executed by an authorized representative of the
Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same
person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by
execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in
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the space provided the date on which the Bond is authenticated, except that for purposes of delivering
the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of
original issue of the date of delivery. The Certificate of Authentication so executed on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution.
10.Registration; Transfer; Exchange. The City will cause to be kept at the principal office of
the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond
Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the
registration of transfers of Bonds entitled to be registered or transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall
execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as
provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal
amount, having the same stated maturity and interest rate, as requested by the transferor; provided,
however, that no Bond may be registered in blank or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or
Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to
be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for
exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date
of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly
canceled by the Bond Registrar and thereafter disposed of as directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the
City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds
surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be
accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed
by the Holder thereof or his, her or its attorney duly authorized in writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental
charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs
regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in any agreement with
the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books
between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the
terms of said agreement.
11.Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange
for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue,
which were carried by such other Bond.
12.Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest
Payment Date by check or draft mailed to the person in whose name the Bond is registered (the
"Holder") on the registration books of the City maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth day of the calendar month next preceding
such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall
cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be
payable to the person who is the Holder thereof at the close of business on a date (the "Special Record
Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted
interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less
than ten days prior to the Special Record Date.
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13.Treatment of Registered Owner
. The City and Bond Registrar may treat the person in
whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of
principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on,
such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and
neither the City nor the Bond Registrar shall be affected by notice to the contrary.
14.Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be
delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser
shall not be obliged to see to the proper application thereof.
15.Fund and Accounts. There is hereby created a special fund designated the General
Obligation Refunding Bonds, Series 2010B Fund (the "Fund"), to be administered and maintained by the
Finance Director as a bookkeeping account separate and apart from all other funds maintained in the
official financial records of the City. The Operation and Maintenance Account heretofore established by
the City for the System shall 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 Account shall constitute or are referred to as "net revenues". 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 Administrator and all officials and
employees of the City concerned therewith shall establish and maintain financial records of the receipts
and disbursements of the System in accordance with this resolution. The fund shall be maintained in the
manner herein specified until all ofthe Bonds and the interest thereon have been fully paid. There shall
be maintained in the Fund the following separate accounts:
(a)
Escrow Account. The Escrow Account shall be maintained as an escrow account with
U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial
institution within or without the State. All proceeds of the sale of the Bonds shall be received by the
Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of
the Bonds less proceeds used to pay costs of issuance and any proceeds returned to the City, are
hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment
earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option
of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient
funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the
interest to accrue on the Bonds to and including the Call Date; and (ii) to pay when called for redemption
on the Call Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably
appropriated to the payment of (i) allinterest on the Bonds to and including the Call Date, and (ii) the
principal of the Refunded Bonds due by reason of their call for redemption on the Call Date. The moneys
in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose,
except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an
agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which
agreement is on file in the office of the Clerk. Any moneys remitted to the City pursuant to the Escrow
Agreement shall be deposited in the Debt Service Account.
(b)
Debt Service Account. There shall be maintained the following separate subaccounts in
the Debt Service Account to be designated the "Sewer System Debt Service Subaccount, the
"Improvement Debt Service Subaccount" and the "Tax Increment Debt Service Subaccount". There are
hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts
of the Debt Service Account:
(i)
Sewer System Debt Service Subaccount. To the Sewer System Debt Service
Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1)
the net revenues of the Sewer System not otherwise pledged and appliedto 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 account sufficient to meet the requirements of
Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the System
Refunding Portion of the Bonds; (2) after the Call Date, all uncollected special assessments
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pledged to the payment of the Prior Sewer Bonds; (3) any collections of all taxes which may
hereafter belevied in the event the net revenues of the Sewer System, the special assessments
and other funds herein pledged to the payment of the principal and interest on the System
Refunding Portion of the Bonds are insufficient therefor; (4) any balance remainingafter the Call
Date in the Debt Service Account of the General Obligation Sewer Revenue Bonds, Series 2003B
Debt Service Account heretofore created by the Prior Sewer Resolution for the Prior Sewer
Bonds; (5) all investment earnings on funds in the Sewer System Debt Service Subaccount; and
(6) any and all other moneys which are properly available and are appropriated by the governing
body of the City to the Sewer System Debt Service Subaccount. The amount of any surplus
remaining in the Sewer System Debt Service Subaccount when the System Refunding Portion of
the Bonds are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision
4.
(ii)
Tax Increment Debt Service Subaccount. To the Tax Increment Debt Service
Subaccount there is herebypledged and irrevocably appropriated and there shall be credited: (1)
Tax Increments in an amount which together with other revenues herein pledged to the payment
thereof, are sufficient to pay the principal of and interest to become due on the Tax Increment
Refunding Portion of the Bonds; (2) a proportionate share of any accrued interest received upon
delivery of the Bonds; (3) any collections of all taxes herein or hereafter levied in the event the
Tax Increments and other funds herein pledged to the payment of the principal and interest on
the Tax Increment Refunding Portion of the Bonds are insufficient therefor; (4) any balance
remaining after the Call Date in the Debt Service Account of the General Obligation Tax
Increment Bonds, Series 2002C Debt Service Account heretofore created by the Prior Tax
Increment Resolution for the Prior Tax Increment Bonds; (5) all investment earnings on funds in
the Tax Increment Debt Service Subaccount; and (6) any and all other moneys which are
properly available and are appropriated by the governing body of the City to the Tax Increment
Debt Service Subaccount. The amount of any surplus remaining in the Tax Increment Debt
Service Subaccount when the Tax Increment Refunding Portion of the Bonds are paid shall be
used consistent with Minnesota Statutes, Section 475.61, Subdivision 4.
(iii)
Improvement Debt Service Subaccount. To the Improvement Debt Service
Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1)
after the Call Date, all uncollected special assessments pledged to the payment of the Prior
Improvement Bonds; (2) a proportionate share of any accrued interest received upon delivery of
the Bonds; (3) any collections of all taxes heretofore or hereafter levied for the payment of the
Prior Improvement Bonds and interest thereon which are not needed to pay the Prior
Improvement Bonds as a result of the Refunding; (4) all investment earnings on funds in the
Improvement Debt Service Subaccount; and (5) any and all other moneys which are properly
available and are appropriated by the governing body of the City to the Improvement Debt
Service Subaccount. The amount of any surplus remaining in the Improvement Debt Service
Subaccount when the Improvement Refunding Portion of the Bonds and interest thereon are paid
shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in
the Improvement Debt Service Subaccount shall be used solely to pay the principal of and
interest on the Improvement Refunding Portion of the Bonds or any other bonds hereafter issued
and made payable from the Fund.
No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding
investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (a) for a reasonable temporary period until such proceeds are needed for the
purpose for which the Bonds were issued, and (b) in addition to the above, in an amount not greater than
the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the
Bonds and any sums from time to time held in the Fund (or any other City account which will be used to
pay principal and interest to become due on the Bonds) in excess ofamounts which under the applicable
federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of
the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking
into account any applicable "temporary periods" or "minor portion" made available under the federal
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arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be
invested in obligations or deposits issued by, guaranteed by or insured by the United States or any
agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of
1986, as amended (the "Code").
16.Covenants Relating to the Tax Increment Refunding Portion of the Bonds.
(a)
Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for
payment of the principal and interest on the Tax Increment Refunding Portion of the Bonds, there is
hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be
spread upon the tax rolls and collected with and as part of other general property taxes in the City for the
years and in the amounts asfollows:
Years of Tax LevyYears of Tax CollectionAmounts
See attached schedule
The tax levies are such that if collected in full they, together with estimated collections of any other
revenues herein pledged for the payment of the Tax Increment Refunding Portion of the Bonds, will
produce at least five percent in excess of the amount needed to meet when due the principal and interest
payments on the Tax Increment Refunding Portion of the Bonds. The tax levies shall be irrepealable so
long as any of the Tax Increment Refunding Portion of the Bonds are outstanding and unpaid, provided
that the City reserves the right and power to reduce the levies in the manner and to the extent permitted
by Minnesota Statutes, Section 475.61, Subdivision 3.
Uponpayment of the Prior Tax Increment Bonds, the taxes levied in the Prior Tax Increment
Resolution authorizing the issuance of the Prior Tax Increment Bonds for the years 20__ to 20__ shall be
canceled.
(a)
Tax Increments. The City hereby pledges and appropriates the Tax Increments to the Tax
Increment Debt Service Subaccount, which pledge and appropriation shall continue until the Tax
Increment Refunding Portion of the Bonds and any additional bonds payable from the Tax Increment
Debt Service Subaccount are paid or discharged.
(b)
Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City
reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein
pledged to the payment of the Tax Increment Refunding Portion of the Bonds and interest thereon to the
extent and in the manner permitted by law.
(c)
General Obligation Pledge. For the prompt and full payment of the principal of and
interest on the Tax Increment Refunding Portion of the Bonds as the same respectively become due, the
full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance
in the Escrow Account or Tax Increment Debt Service Subaccount is ever insufficient to pay all principal
and interestthen due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any
other accounts of the City which are available for such purpose, and such other funds may be
reimbursed without interest from the Escrow Account or Tax Increment Debt Service Subaccount when a
sufficient balance is available therein.
17.Covenants Relating to the System Refunding Portion of the Bonds.
(a)
Special Assessments. The City has heretofore levied special assessments pursuant to
the Prior Sewer Resolution, which were pledged to the payment of the principal and interest on the Prior
Sewer Bonds and, after the Call Date the uncollected special assessments for the Prior Sewer Bonds are
now pledged to the payment of principal and interest on the System Refunding Portion of the Bonds.
The special assessments are such that if collected in full they, together with estimated collections of
taxes herein pledged for the payment of the System Refunding Portion of the Bonds, will produce at least
five percent in excess of the amount needed to meet when due the principal and interest payments on
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the System Refunding Portion of the Bonds. The special assessments were levied as provided below,
payable in equal, consecutive, annual installments, with general taxes for the years shown below and
with interest on the declining balance of all such assessments at the rate shown opposite such years:
Improvement DesignationsAmountsInterest RateCollection Years
See attached schedules
(a)
Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared
that the net revenues of the Sewer System are sufficient to pay, together with special assessments and
other sums pledged to the payment of the Outstanding Sewer Bonds, one hundred five percent of the
principal ofand interest on the System Refunding Portion of the Bonds and the net revenues of the
System are hereby pledged on a parity lien with the Outstanding Sewer Bonds to the payment of the
System Refunding Portion of the Bonds, but solely to the extent required to meet, together with other
pledged sums, the principal and interest requirements of the System Refunding Portion of the Bonds.
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 payment of 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 Refunding 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)
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 System Refunding
Portion of the Bonds that it will impose 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 Refunding Portion of the Bonds.
(c)
Excess Net Revenues. Net revenues in excess of those required forthe foregoing may
be used for any proper purpose.
(d)
General Obligation Pledge. For the prompt and full payment of the principal of and
interest on the System Refunding Portion of the Bonds as the same respectively become due, the full
faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in
the Sewer System Debt Service Subaccount is ever insufficient to pay all principal and interest then due
on the System Refunding Portion of the Bonds payable therefrom, the deficiency shall be promptly paid
out of any other accounts of the City which are available for such purpose, and such other funds may be
reimbursed without interest from the Sewer System Debt Service Subaccount when a sufficient balance
is available therein.
18.Covenants Relating to the Prior Improvement Bonds Refunding Portion of the Bonds.
(a)
Special Assessments. The City has heretofore levied special assessments pursuant to
the Prior Improvement Resolution, which were pledged to the payment of the principal and interest on
the Prior Improvement Bonds and, after the Call Date the uncollected special assessments for the Prior
Improvement Bonds are now pledged to the payment of principal and interest on the Improvement
Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together
with estimated collections of taxes herein pledged for the payment of the Improvement Refunding Portion
of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the
principal and interest payments on the Improvement Refunding Portion of the Bonds. The special
assessments were levied as provided below, payable in equal, consecutive, annual installments, with
general taxes for the years shown below andwith interest on the declining balance of all such
assessments at the rate shown opposite such years:
Improvement DesignationsAmountsInterest RateCollection Years
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See attached schedules
(b)
Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for
payment of the principal and interest on the Improvement Refunding Portion of the Bonds, there is
hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be
spread upon the tax rolls and collected with and as part of other general property taxes in the City for the
years and in the amounts as follows:
Years of Tax LevyYears of Tax CollectionAmounts
See attached schedule
The tax levies are such that if collected in full they, together with estimated collections of special
assessments and any other revenues herein pledged for the payment of the Improvement Refunding
Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when
due the principal and interest payments on the Improvement Refunding Portion of the Bonds. The tax
levies shall be irrepealable so long as any of the Improvement Refunding Portion of the Bonds are
outstanding and unpaid, provided that the City reserves the right andpower to reduce the levies in the
manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
Upon payment of the Prior Improvement Bonds, the taxes levied in the Prior Improvement Resolution
authorizing the issuance of the Prior Improvement Bonds for the years 20__ to 20__ shall be canceled.
(c)
General Obligation Pledge. For the prompt and full payment of the principal and interest
on the Improvement Refunding Portion of the Bonds, as the same respectively become due, the full faith,
credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the
Improvement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on
the Improvement Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency
shall be promptly paid out of any other funds of the City which are available for such purpose, and such
other funds may be reimbursed with or without interest from the Improvement Debt Service Subaccount
when a sufficient balance is available therein.
19.Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall
be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any
amendments or supplements thereto. Securities purchased from the Escrow Account shall be
purchased simultaneously with the delivery of the Bonds. The CityCouncil has investigated the facts
and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow
agent.
20.Escrow Agreement. On or prior to the delivery of the Bonds the Mayor and Clerk shall,
and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The
Escrow Agreement is hereby approvedand adopted and made a part of this resolution, and the City
covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the
Escrow Agent.
21.Purchase of SLGS or Open Market Securities. The Purchaser, as agent for the City, is
hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate
United States Treasury Securities, State and Local Government Series and/or open market securities as
provided in paragraph 20, from the proceedsof the Bonds and, to the extent necessary, other available
funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute
all such documents (including the appropriate subscription form) required to effect such purchase in
accordance with the applicable U.S. Treasury Regulations.
22.Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in
accordance with the terms and conditions set forth in the Notices of Call for Redemption, in the forms
attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated
herein by reference. The Notices of Call for Redemption shall be given pursuant to the Escrow
Agreement.
June 28, 2010 20
City Council MeetingMinutes
23.Prior Bonds; Security
. Until retirement of the Prior Bonds, all provisions theretofore made
for the security thereof shall be observed by the City and all of its officers and agents.
24.Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent
necessary to give effect to the provisions of this resolution.
25.Defeasance. When all Bonds have been discharged as provided in this paragraph, all
pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds
shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any
Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that
date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may
nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment
thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge
its obligations with respect to any Bonds, subjectto the provisions of law now or hereafter authorizing
and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution
qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes,
Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on
such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity or, if notice ofredemption as herein required has been duly provided for,
to such earlier redemption date.
26.Certificate of Registration. The Clerk is hereby directed to file a certified copy of this
resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as
the Auditor shall require, and to obtain the Auditor's Certificate that the Bonds have been entered in the
Auditor's Bond Register.
27.Records and Certificates. The officers of the City are hereby authorized and directed to
prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the
Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the
financial condition and affairs of the City, and such other affidavits, certificates and information as are
required to show the facts relating to the legality and marketability of the Bonds as the same appear from
the books and records under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
28.Negative Covenant as to Use of Proceeds and Project
. The City hereby covenants not to
use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, or to cause or permit
them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such
a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and
141 through 150 of the Code.
29.Tax-Exempt Status of the Bonds; Rebate; 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.
30.Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as
"qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby
makes the following factual statements and representations:
(a)
the Bonds are issued after August7, 1986;
June 28, 2010 21
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(b)
the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(c)
the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of
Section 265(b)(3) of the Code;
(d)
the reasonably anticipated amount of tax-exempt obligations (other than private activity
bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the
City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are
treated as issued by the City) during this calendar year 2010 will not exceed $30,000,000;
(e)
not more than $30,000,000 of obligations issued by the City during this calendar year
2010 have been designated for purposes of Section 265(b)(3) of the Code; and
(f)
the aggregate face amount of the Bonds does not exceed $30,000,000.
The City shall use its best efforts to comply with any federal procedural requirements which may apply in
order to effectuate the designation made by this paragraph.
31.Continuing Disclosure. The City is the sole obligated person with respect to the Bonds.
The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by
the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act
of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter
described to:
(a)
Provide or cause to be provided to the Municipal Securities Rulemaking Board (the
"MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial
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 Bondsin 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 respect to the City described in the Undertaking.
(d)
The City agrees that itscovenants 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, 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 ofthe Bonds, and (iii)
acceptable to the Officers.
32.Severability. If any section, paragraph or provision of this resolution shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or
provision shall not affect any of the remaining provisions of this resolution.
33.Headings
. Headings in this resolution are included for convenience of reference only and
are not a part hereof, and shall not limit or define the meaning of any provision hereof.
Themotion for the adoption of the foregoing resolution was duly seconded by member Wasiluk
and, after a full discussion thereof and upon a vote being taken thereon, the following voted in
favor thereof:ALL
June 28, 2010 22
City Council MeetingMinutes
and the following voted against the same:NONE
whereupon the resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota,
DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the
original thereof on file in my office, and that the same is a full, true and complete transcript of the
minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar
as such minutes relate to providing for the issuance and sale of $4,050,000 General Obligation
Refunding Bonds, Series 2010B.
WITNESS my hand on June 28, 2010.
___________________________
Clerk
$4,050,000
City of Maplewood, Minnesota
General Obligation Refunding Bonds, Series 2010B
Crossover Refunding of Series 2002C, 2003A and 2003B
Post-Sale Tax Levies
Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect
Years
02/01/2011--53,118.3453,118.34--
02/01/2012670,000.002.000%94,200.00764,200.00802,410.00802,410.002010/2011*
02/01/2013660,000.002.000%80,800.00740,800.00777,840.00777,840.002011/2012
02/01/2014690,000.002.000%67,600.00757,600.00795,480.00795,480.002012/2013
02/01/2015710,000.002.000%53,800.00763,800.00801,990.00801,990.002013/2014
02/01/2016330,000.002.500%39,600.00369,600.00388,080.00388,080.002014/2015
02/01/2017330,000.003.000%31,350.00361,350.00379,417.50379,417.502015/2016
02/01/2018335,000.003.250%21,450.00356,450.00374,272.50374,272.502016/2017
02/01/2019325,000.003.250%10,562.50335,562.50352,340.63352,340.632017/2018
Total$4,050,000.00-$452,480.84$4,502,480.84$4,671,830.63$4,671,830.63-
* A portion to be paid by a deposit to the Debt Service Fund of $4,328.43 of rounding.
$1,390,000
City of Maplewood, Minnesota
General Obligation Tax Increment Refunding Bonds, Series 2010B
Crossover Refunding of Series 2002C
Post-Sale Tax Levies
Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect
Years
02/01/2011--15,676.1115,676.11--
02/01/2012315,000.002.000%27,800.00342,800.00359,940.00359,940.00
2010/2011*
02/01/2013335,000.002.000%21,500.00356,500.00374,325.00374,325.00
2011/2012
02/01/2014360,000.002.000%14,800.00374,800.00393,540.00393,540.002012/2013
02/01/2015380,000.002.000%7,600.00387,600.00406,980.00406,980.002013/2014
Total$1,390,000.00-$87,376.11$1,477,376.11$1,534,785.00$1,534,785.00-
June 28, 2010 23
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$1,900,000
City of Maplewood, Minnesota
General Obligation Improvment Refunding Bonds, Series 2010B
Crossover Refunding of Series 2003A
Post-Sale Tax Levies
Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect
Years
02/01/2011--26,664.9026,664.90--
02/01/2012265,000.002.000%47,287.50312,287.50327,901.88327,901.88
2010/2011*
02/01/2013235,000.002.000%41,987.50276,987.50290,836.88290,836.88
2011/2012
02/01/2014235,000.002.000%37,287.50272,287.50285,901.88285,901.882012/2013
02/01/2015235,000.002.000%32,587.50267,587.50280,966.88280,966.882013/2014
02/01/2016235,000.002.500%27,887.50262,887.50276,031.88276,031.882014/2015
02/01/2017230,000.003.000%22,012.50252,012.50264,613.13264,613.132015/2016
02/01/2018235,000.003.250%15,112.50250,112.50262,618.13262,618.13
2016/2017
02/01/2019230,000.003.250%7,475.00237,475.00249,348.75249,348.75
2017/2018
Total$1,900,000.00-$258,302.40$2,158,302.40$2,238,219.38$2,238,219.38-
$760,000
City of Maplewood, Minnesota
General Obligation Sewer Revenue Refunding Bonds, Series 2010B
Crossover Refunding of Series 2003B
Post-Sale Tax Levies
Pay YearPrincipalCouponInterestTotal P+I105% Levy AmountLevy/Collect
OverlevyYears
02/01/2011--10,777.3310,777.33--
02/01/201290,000.002.000%19,112.50109,112.50114,568.13114,568.132010/2011*
02/01/201390,000.002.000%17,312.50107,312.50112,678.13112,678.132011/2012
02/01/201495,000.002.000%15,512.50110,512.50116,038.13116,038.13
2012/2013
02/01/201595,000.002.000%13,612.50108,612.50114,043.13114,043.13
2013/2014
02/01/201695,000.002.500%11,712.50106,712.50112,048.13112,048.13
2014/2015
02/01/2017100,000.003.000%9,337.50109,337.50114,804.38114,804.38
2015/2016
02/01/2018100,000.003.250%6,337.50106,337.50111,654.38111,654.38
2016/2017
02/01/201995,000.003.250%3,087.5098,087.50102,991.88102,991.882017/2018
Total$760,000.00-$106,802.33$866,802.33$898,826.25$898,826.25-
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
6.Resolution Accepting Donation From Schmelz Countryside
Councilmember Juenemannmoved toapprove the resolution accepting the $750 donation to the
Police Department from Schmelz Countryside.
RESOLUTION 10-06-419
AUTHORIZINGGIFT TO CITY
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, Schmelz Countryside wishes to grant the City of Maplewood the following:
$750, and;
June 28, 2010 24
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WHEREAS, Schmelz Countrysidehas instructed that the City will be required to use the
aforementioned for: item(s) commemorating Sergeant Joseph Bergeron, and;
WHEREAS, the City ofMaplewood 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 super 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 a super majority vote of its membership on
June 28, 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.
7.Request Approval to Purchase 2010 Chevy Tahoe
Councilmember Juenemannmoved toapprove the use of drug forfeiture money to purchase a
2010 Chevy Tahoe for $33,996.27 to replace the vehicle occupied by Sergeant Joseph Bergeron
at the time of his death on May 1, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
8.Request Approval to Purchase Automated/Mobile License Plate Reader
CouncilmemberJuenemannmoved toapprove the purchase of an automated/mobile license
plate reader for $20,880 to be paidfor by grant monies.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
9.County Road D Realignment (West) Improvements (TH 61 to Walter Street), Project 02-08,
Resolution Accepting Project and Adopting Final Financing Plan in Order to Close Project
June 28, 2010 25
City Council MeetingMinutes
CouncilmemberJuenemannmoved toapprove resolution for acceptance of project for the County
Road D realignment (west) improvements, city project 02-08 and authorize the finance director to
make the necessary financial transfers as noted in the revised financing plans and close the
project fund.
RESOLUTION 10-06-420
ACCEPTANCE OF PROJECT AND
MODIFICATION OF PROJECT BUDGET
WHEREAS, the city engineer for the City of Maplewood has determined that the County Rd D
Realignment (West) Improvements, City Project 02-08 is complete and recommends acceptance of the
project, and
WHEREAS, the project budget must be modified as noted in the revised financing plan to reflect
final costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that
1.City Project 02-08 is complete and maintenance of these improvements is accepted by the city.
Final payment and release of any retainage or escrow is hereby authorized.
2.The finance director is authorized to make the necessary financial transfers as noted in the
revised financing plan.
3.Upon making final transfers the project fund shall be closed.
Below is the final revised budget for project 02-08:
Funding SourceOriginal BudgetRevised Budget
State Aid:$532,510 $666,903
Bonds$1,904,785 $2,003,008
Environmental Utility Fund$18,000 $18,000
Ramsey County$690,582 $981,861
SPRWS$33,378 $24,300
City of Vadnais Heights$304,908 $106,768
Trust Account Interest$0$3,680
Interest on Investments$0$7,701
Transfers from other projects$0$488,482
Developer (Troutland)$10,000$29,649
Total:$3,494,163 $4,330,352
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
10.Approval of the Drinking Water Protection Delegation Agreement with the Minnesota
Department of Health
Councilmember Juenemannmoved torenew the new delegation agreement with the Minnesota
Department of Health for drinking water protection/safe drinking water act responsibilities.
June 28, 2010 26
City Council MeetingMinutes
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
11.Approval of the Trout Brook Trail Feasibility Proposal
Councilmember Juenemannmoved toapprove the trout brook trail feasibility proposal with the
cost not to exceed $14,990.00.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
12.Lions Park Improvements, City Project No. 08-09, Resolution Approving Plans and
Specifications and Advertising for Bids
Councilmember Juenemannmoved toapprove the resolution for the Lions Park Improvements
for 2010, city project 08-09, approving plans and advertisement for bids.
RESOLUTION 10-06-421
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on November 23, 2009, plans and
specifications for the Lions Park Improvements, City Project 08-09, have been prepared by (or under the
direction of) the City Engineer, who has presented such plans and specifications to the Council for
approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1.Such plans and specifications, a copy of which are attached hereto and made a part hereof,
are hereby approved and ordered placed on file in the office of the city engineer.
2.The city clerk shall prepare and cause to be inserted in the official paper and in the periodical
Finance and Commerce, an advertisement for bids upon the making of such improvement
under such approved plans and specifications. The advertisement shall be published twice,
at least twenty-one days before the date set for bid opening, shall specify the work to be
done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m.
th
on the 30day of July, 2010, at city hall and that no bids shall be considered unless sealed
and filed with the clerk and accompanied by a certified check or bid bond, payable to the City
of Maplewood, Minnesota for five percent of the amount of such bid.
3.The city clerk and city engineer are hereby authorized and instructed to receive, open and
read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The Council will consider the bids, and the award of a contract, at the regular city
Council meeting of August 9, 2010.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
H.PUBLIC HEARING
June 28, 2010 27
City Council MeetingMinutes
1.Sign Ordinance Amendment –Political Campaign Signs (First Reading) (7:00 p.m.)
a.Environmental Planner, Shann Finwall gave the reportand answered questions of
the council.
b.City Attorney, Alan Kantrud answered questions of the council.
c.City Clerk, Director Citizen Services, Karen Guilfoile answered questions of the
council.
Mayor Rossbach opened the public hearing.
1.Marv Koppen, Maplewood.
Mayor Rossbach closed the public hearing.
Councilmember Nephewmoved toapprove the (first reading) of the political campaign sign
ordinance. This ordinance amends the city’s sign ordinance pertaining to the time limit political
campaign signs can be posted during local regular elections.
Seconded by CouncilmemberWasiluk.Ayes –All
The motion passed.
2.NPDES Phase II Annual Report –Public Meeting (7:00 p.m.)
a.Community Development and Parks Director,DuWayne Konewkogave the report and
answered questions of the council.
b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
c.Deputy Public Works Director, City Engineer, Michael Thompson answered questions
of the council.
Mayor Rossbach opened the public hearing.
1.John Schmahl, North St. Paul.
Mayor Rossbach closed the public hearing.
No action required for this item.
I.UNFINISHED BUSINESS
1.Temporary Sign Ordinance Review –Banners and Window Signs
a.Environmental Planner, Shann Finwall gave the report and answered questions of the
council.
b.Mark Jenkins, Chair of the Business and Economic Development Commission addressed
the council.
c.Marv Koppen, White Bear Avenue BusinessAssociation member addressed the council.
Mayor Rossbach moved to direct staff to bring the temporary sign ordinance reviewback to the
council for further discussionincluding setting the limits in windows at 30% and banners as per
the staff report.
Seconded by Councilmember Juenemann.Ayes –Mayor Rossbach,
Councilmembers Juenemann,
& Llanas
Nays
–Councilmembers Nephew,
June 28, 2010 28
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& Wasiluk
The motion passed.
2.Storm Water Ordinance Summary Publication (Super Majority Vote Required)
a.Environmental Planner, Shann Finwall gave the report and answered questions of the
council.
Councilmember Nephewmoved toapprove the storm water ordinance summary publication tobe
printed in the city’s official newspaper.
ENTER THESUMMARYORDINANCE HERE AND SHANN TO GET IT PRINTED
City of Maplewood
ORDINANCE NO. 903
An Ordinance Creating New Stormwater Management Requirements
On June 14, 2010, the Maplewood City Council adopted a new stormwater management ordinance and
amended the Environmental Protection and Critical Area (Article VII) ordinance dealing with the
Nationwide Urban Runoff Program (Section 12-307(f)). A summary of the stormwater management
ordinance is described below:
1.The Environmental Protection and Critical Area ordinance at Section 12-307(f) (Nationwide Urban
Runoff Program) is deleted in its entiretyand a new stormwater management ordinance is
created and defined below (items 2 through 7).
2.Applicability.The proposed standards and ordinance would apply to projects which result in new
development and redevelopment on projects which encompass one-half acre (21,780 square-
feet) or more of disturbed area or 5,000 square-feet or more of new impervioussurface.
3.Runoff Rate.Runoff rates resulting from a project subject to the standards shall not
exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration
storm events.
4.Water Quality Treatment.The city’s existing standards require the removal of 80% total
suspended solids. The new standards and ordinance will require treatment through
infiltration practices for runoff volumes of at least 1.0inch over all new impervious and
redevelopment impervious portions ofa project. This is a new requirement by the
Minnesota Pollution Control Agency (MPCA) under the city's National Pollutant Discharge
Elimination System (NPDES) permit program, in order to conform to non-degradation
requirements. Filtration practices mustbe designed for partial recharge (e.g.,
bioretention basin with under drains). These practices will receive 70% credit for the
runoff volume treatment requirement of 1.0 inch. For projects where infiltration or
filtration is not feasible, or is prohibited as described in the stormwater management
standards, the project must provide treatment systems that remove 90% total suspended
solids and 60%total phosphorus on an annual basis.
5.Erosion Control.Erosion control standards apply to all land disturbance activity unless
specifically exempted by the definition of the term “land disturbance activity” in the City’s
Erosion and Sedimentation Control Ordinance.
6.Illicit Discharges.No draining or discharging into the storm sewer any pollutants or
waters containing pollutants, other than stormwater. The following discharges are
June 28, 2010 29
City Council MeetingMinutes
exempt:
a.Water line flushing performed by a government agency, other potable water
sourcessuch as landscape irrigation or lawn watering, diverted stream flows,
rising ground water, ground water infiltration to stormdrains, uncontaminated
pumped ground water, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air conditioning
condensation, springs, natural riparian habitat or wetland flows, and any other
water source not containing pollutants.
b.Discharges or flows from fire fighting, and other discharges specified in writing by
the city as being necessary to protect public health and safety.
7.Coal Tar Sealants.The use of coal tar sealers on asphalt driveways is a common
practice. Coal tar sealant products contain polycyclic aromatic hydrocarbons (PAHs),
which are a group of organic chemicals formed during the incomplete burning of coal, oil,
gas, or other organic substances. Scientific studies have demonstrated a relationship
between the use of these products on stormwater runoff and certain health and
environmental concerns. The coal tar sealer section of the ordinance will prohibit any
person from applying this material to any driveway, parking lot, or other surface in the
city. Asphalt-based driveway sealers are still permitted as an alternative to coal tar
sealants, which are not harmful on the environment. The purpose of the coal tar sealant
banis to protect, restore, and preserve the quality of our waters.
The stormwater management ordinance goes into effect after publication. An official copy of the
stormwater management ordinance is on filein the office of the Maplewood Community
Development and Parksand Public Works Departmentsor can be obtained on the city’s website
at www.ci.maplewood.mn.us/stormwater.Questions regarding this ordinance should be directed
to Michael Thompson, City Engineer at (651) 249-2403or he can be reached by email at
michael.thompson@ci.maplewood.mn.us.
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
3.Historical Preservation Ordinance Amendments –Second Reading
a.Environmental Planner, Shann Finwallgave the report and answered questions of the
council.
Councilmember Wasilukmoved toapprove the (second reading) of the historical preservation
ordinance amendments.
AMENDMENT ORDINANCE 905
THE HERITAGE PRESERVATION COMMISSION ORDINANCE
Section 1This amendment revises Sections 2-87 to 2-91of Ordinance 845
(additions are underlined
and deletions are stricken):
DIVISION 4 HERITAGE PRESERVATION COMMISSION (“Commission”)
Section 2-87 Authority for Establishment
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There is hereby established for the City a Heritage Preservation Commission as an independent
commission to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and
138.51.
Section 2-88 Statement of public policy and purpose
The City Council hereby declares as a matter of public policy that the protection, preservation,
perpetuation and use of places, areas, buildings, structures and other objects having a special historical,
community or aesthetic interest or value is a public necessity and is required in the interest of the people.
The purpose of this Chapter is to:
(a)Safeguard the cultural resources of the City by preserving sites, structures, districts and
landmarks which reflect elements of the City's cultural, social, economic, political or architectural
history;
(b)Protect and enhance the City's attractions to residents and visitors;
(c)Foster civic pride in the beauty and notable achievements of the past;
(d)Enhance the visual and aesthetic character, diversity and interest of the City; and
(e)Promote the use and preservation of historic sites and landmarks for the education and general
welfare of the people of the City.
Section 2-89 Advisory body
All actions of the Commission shall be in the nature of recommendations to the City Council, and said
Commission shall have no final authority with reference to any matters, except as the Council may
lawfully delegate authority to it.
Section 2-90 Composition; Appointment; Qualifications; Terms
(a)
The Heritage Commission shall be composed of seven (7) members appointed by the City
Council, who shall be residents of the City, and shall be selected to assure that the Commission is
representative of the various areas of the City and responsive to the needs of the people.
(b)
Commission membership shall be drawn from persons with demonstrated interest and/or
expertise in historic preservation. If available in the community, at least two members of the Commission
shall be heritage preservation-related professionals (e.g. the professions of history, architecture,
architectural history, archeology, planning, real estate, design, building trades, landscape architecture, or
law). A member of the Maplewood Heritage Preservation Commission is required tobe a representative
to the Ramsey County Historical Society. The City shall pay for the membership of the Commission or
designee.
(c)
The members of the heritage preservation commission shall serve staggered terms. All
appointments shall be assigned by the city council for a term of three years.
Section 2-91 Officers Generally
The chairperson and vice-chairperson of the Commission shall be elected by the Commission at
the first meeting in January of each year from among the members of the Commission. The Chairperson
shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with
other members of the Commission. If the Chairperson is unable to attend a meeting, the vice-
chairperson shall conduct the meeting.
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Section 2-92 Designation of historic sites and landmarks
(a)
Procedures: The City Council, upon the request of the Commission, may by resolution designate
an historic site, landmark, or district. Prior to such designation, the city council shall hold a public
hearing, notice of which shall be published at least ten (10) days prior to the date of the hearing. Notice
of the hearing shall also be mailed to all owners of property which is proposed to be designated as an
historic site, landmark or district and to all property owners within five hundred (500) feet of the boundary
of the area to be designated. Every nomination shall be forwarded to the Minnesota Historical Society
for review and comment within sixty (60) days of the Commission’s request.
(b)
Eligibility criteria: In considering the designation of any area, site, place, district, building or
structure in the city as an historic site, landmark, or district the Commission shall consider the following
factors with respect to eligibility:
(1)
Its character, interest or value as part of the history or cultural heritage of the City, the
State or the United States;
(2)
Its association with persons or events that have made a significant contribution to the
cultural heritage of the City;
(3)
Its potential to yield information important in history or prehistory;
(4)
Its embodiment of distinguishing characteristics of architectural type or style, or elements
of design, detail materials or craftsmanship; and
(5)
Its unique location or singular physical appearance representing an established or familiar
visual feature of a neighborhood or community of the City.
Section 2-93 Alterations to landmarks, sites or districts; review
(a)
Review and recommendations generally: The Commission shall review and make
recommendations to the Council concerning proposed alterations to an historic site, landmark or district.
(b)
Land use permit: Every application for a land use permit which may result in the alteration of a
designated historic site, landmark or district in the City shall be reviewed by the Commission; thereafter,
the Commission shall make a recommendation and may recommend conditions regarding approval to
the City Council concerning the proposed permit.
(c)
Other building permits: The Commissionshall review and make recommendations to the Council
concerning the issuance of building permits to do any of the following in a historic district or State
designated historic site:
(1)
New construction –New building or new addition to an existing building
(2)
Remodel –Alter, change or modify building or site
(3)
Move a building –Building or structure moved into the city.
(4)
Excavation –Dig out materials from the ground.
(5)
Demolition –Destroy, remove or raze –completely tear down
(d)
Factors considered: The Commission, upon receipt of the permit application and plans, shall
determine if the work to be performed adversely affects the designated historic site, landmark or district.
In determining whether or not there is an adverse effect to the historic site, landmark, or district the
Commission shall consider the following factors:
(1)
Whether the work will significantly alter the appearance of the building or structure so as
to remove the features which distinguish the historic site, landmark or district as a significant cultural
resource.
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(2)
Whether the use of the property will destroy, disturb or endanger a known or suspected
archaeological feature site.
(e)
Standards and guidelines: The Comprehensive Plan adopted by the City shall be the
authoritative guide to reviewing permits in relation to designated historic sites, landmarks and historic
districts.
(f)
Appeals: Any party aggrieved by a decision of the Commission shall within ten (10) days of the
Commission’s action recommending denying the issuance of a building permit within a historic district
have a right to appeal such decision to the City Council. The Commission in recommending denial of a
building permit shall advise the applicant of his/her right to appeal to the City Council. The aggrieved
party shall file with the Building Official a written notice requesting Council review of the action taken by
the Commission.
Section 2-94 Maintenance of records and documents
The Commission shall conduct a continuing survey of cultural resources in the City which the
Commission has reason to believe are or will be eligible for designation as historic sites, landmarks or
districts. The Commission shall also prepare and maintain a Comprehensive map and survey.
(a)
Register of Historic Sites and Landmarks: The City shall maintain a register of historic sites and
landmarks.
(b)
Repository for Documents: The office of the Building Official is designated as the repository for
all studies, surveys, reports, programs, and designations of historic sites and landmarks.
Section 2-95 Violation
It shall be a misdemeanor to alter, disturb, deface or materially change the appearance or use of a
designated historic site, landmark, or district without a permit.
This ordinance shall take effectafter the city publishes it in the official newspaper.
This Historical Preservation Commission recommended approval of this ordinance.
The City Council approved this ordinance on June 28, 2010.
_______________________________
Attest:Mayor
________________________________
City Clerk
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
The city council took a 10-minute break
The city council reconvenedat 9:04 p.m.
J.NEW BUSINESS
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1.Goodwill –Design Review, Parking Waiver, Wetland Buffer Variances and Lot
Combination, 2580 and 2582 White Bear Avenue
a.Senior Planner, Tom Ekstrandgave the report and answered questions of the council.
b.Environmental Planner, Shann Finwall answered questions of the council.
c.City Attorney, Alan Kantrud answered questions of the council.
d.Ginny Yingling, Environmental and Natural Resources Commission member addressed
the council.
e.Jim Kellison, Kelco Services, LLC, 1935 West County Road B2, Suite 68, Roseville,
representing Mogren Properties addressed the council.
Mayor Rossbach moved to approve combining the two lots currently addressed as 2580 and
2582 White Bear Avenue into one legally-described property. The applicant shall provide
evidence that these lots have been combined as one before getting a building permit.
Seconded by Councilmember Wasiluk.Ayes –All
The motion passed.
Councilmember Nephew moved to approve the Parking Waiver for Goodwillallowing the
applicant to provide eight fewer parking spaces than the city code requires.
Seconded by Councilmember Wasiluk.Ayes –All
The motion passed.
Councilmember Nephew moved to approve the Wetland Buffer VarianceResolutionfor Goodwill.
VARIANCE RESOLUTION10-06-422
WHEREAS, James Kellison, of Kelco Services, LLC, applied for a variance from the wetland
protection ordinance.
WHEREAS, this variance applies to property located at 2580 and 2582 White Bear Avenue. The
property identification numbers for these properties are:
11-29-22-21-0060 and 11-29-22-21-0061
WHEREAS, Ordinance No. 895, the Environmental Protection and Critical Area Ordinance
dealing with Wetlands, requires a wetland protection buffer of 100 feet in width adjacent to creeks and a
wetland protection bufferof 50 feet in width adjacent to Manage C wetlands.
WHEREAS, the applicant is proposing wetland protection buffers of 30 feet, requiring a variance
of 70 feet, from the creek and a wetland protection buffer of 35 feet from the Manage C wetland,
requiring a variance of 35 feet.
WHEREAS, the history of this variance is as follows:
1.On June 15, 2010, the planning commission held a public hearing to review this proposal.
City staff published a notice in the paper and sent notices to the surrounding property
owners as required by law. The planning commission gave everyone at the hearing a
chance to speak and present written statements. The planning commission also
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considered the report and recommendation of the city staff. The planning commission
recommended that the city council approve thesevariance requests.On June 23, 2010,
the environmental and natural resources commission reviewed these variances and
recommended approval.
2.The city council held a public meeting on June 28, 2010, to review this proposal. The
council considered the report and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described
variances based on the following reasons:
1.Strict enforcement ofthe ordinance would cause the applicant undue hardship because
complying with all of the wetland buffer requirements stipulated by the ordinance would deplete
the site area by approximately one half of its original size, substantially diminishing the
re
development potential of this lot.
2.Approval of the requested wetland buffer variances would benefit the adjacent wetland and creek
because the site is presently developed up to the wetland and creek edges.
3.Approval would meet the spirit and intent of the ordinance since the proposed restoration and
mitigation of the wetland and creek buffers will greatly improve the quality of the creek to the
north and the wetland to the east.
4.The Ramsey Washington Metro Watershed District has approved the applicant’s plans.
Conditions of Approval
Approval of the wetland buffer variancesshall be subject to complying with all of the conditions of
approval in the Environmental Review report by Shann Finwall, Maplewood Environmental
Planner, and Ginny Gaynor, Maplewood Natural Resources Coordinator, dated June 21, 2010
attached to this resolution.
The Maplewood City Council approved this resolution on June 28,2010.
Seconded by Mayor Rossbach.Ayes –Mayor Rossbach,
Councilmembers Llanas,
&Nephew
Nays
–CouncilmembersJuenemann,
&Wasiluk
The motion passed.
Councilmember Nephewmoved to approve the civil-engineering plans date-stamped May 4,
2010,and the revised site, landscaping and architectural plans date-stamped June 7, 2010,for
the proposed Goodwill store at 2580 White Bear Avenue. Approval is subject to the findings
required by ordinance and subject to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Comply with the requirements in Steve Kummer’s engineering report dated June 18,
2010.
3. Comply with the requirements in the Environmental Review report by Shann Finwall and
Ginny Gaynor dated June 21, 2010.
4. Before getting a building permit, the applicant shall do the following:
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a. Resubmit the landscaping plan for staff approval to meet all requirements of the
environmental planner and natural resources coordinator for all areas involving
wetland buffers, rainwater gardens, stormwater ponds and tree replacement.
b. All areas on the landscaping plan shown as lawn shall be sod not seed.
c. Provide cross easements between Discount Tire and the proposed Goodwill site.
d. Obtain wetland buffer variances from the city council.
e. Provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of
the cost of the landscaping, wetland buffer/storm pond plantings and other site
improvements that may not be installed by occupancy.
An irrevocable letter of credit shall include the following provisions:
D
The letter of credit must clearly indicate that it is an irrevocable letter of credit in
the name of the City of Maplewood, payable on demand.
b.The letter of credit shall have a stipulation indicating automatic renewal, with
notification to the city by certified mail a minimum of 60 days prior to its expiration.
5. Before getting a certificate of occupancy, the applicant shall:
a. Comply with or complete all aspects of these plans or any required revisions.
b. Install a concrete sidewalk as shown on the plans. The dimensions and location of
this sidewalk shall be subject to staff approval. This sidewalk shall be ramped at the
driveway crossing.
c. Paint the roof-top equipment to match the building as required by code.
d. Provide in-ground lawn irrigation as required by code.
e. Comply with all requirements of the fire marshal, building official and police
departments.
f. Install a “no left turn” sign and a stop sign at the exit onto White Bear Avenue. There
shall also be a “porkchop” divider or island installed in the driveway curb cut to force
right turn exits.
g. Provide on-site traffic directional signs guiding cars to the donation drop-off area,
due to the one-way traffic flow proposed.
6. The community design review board shall review major changes to these plans. Minor
changes may be approved by staff.
Seconded by Mayor Rossbach.Ayes –Mayor Rossbach,
Councilmembers Llanas,
Nephew & Wasiluk
Nay
–Councilmember Juenemann
The motion passed.
K.VISITOR PRESENTATIONS
None.
L.AWARD OF BIDS
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1.Rice/36 Interchange Improvements, Project 09-07, Resolution of Concurrence with
Ramsey County for Award of Bid
a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report
and answered questions of the council.
Councilmember Juenemannmoved toapprove the Rice/36 Interchange improvements, project
09-07, resolution of concurrence with Ramsey County for award of bid to Lunda Construction
Company for $16,590,088.00.
RESOLUTION 10-06-423
CONCURRENCE FOR AWARD OF BID
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Lunda Construction Company in the amount of $16,590,088.00 is the lowest responsible bid for
the construction of the Rice/36 Interchange Improvements –City Project 09-07, and per the
cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW
2010-15), the City of Maplewood, through this resolution, is signifying concurrence in order for
Ramsey County to enter into a construction contract with Lunda Construction Company for said
improvements.
Adopted by the council this 28th day of June 2010.
Seconded by CouncilmemberLlanas.Ayes –All
The motion passed.
M.ADMINISTRATIVE PRESENTATIONS
1.Audit of 2009 Comprehensive Annual Financial Report –Schedule Information
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered
questions of the council.
N.COUNCIL PRESENTATIONS
National Night Out –
1.Councilmember Juenemannand Police Chief Thomalla reminded
people that National Night Outis Tuesday, August 3, 2010.
League of Minnesota CitiesConference–
2.Councilmember Nephew stated he attended
the League of Minnesota Cities Conferencelast week in St. Cloud as did Mayor
Rossbach, Councilmember Juenemannand City Manager, JamesAntonen.
Councilmember Nephew gave a brief report on topics that were discussed.
th
Mayor Rossbach reminded people there won’t be fireworks at the 4of July celebration at
Hazelwood Parkbut there will be fireworks at the Ramsey County Fair.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at10:09p.m.
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