HomeMy WebLinkAbout2026-07-27 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, July 27, 2026
City Hall, Council Chambers
Meeting No. 15-26
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was
called to order at 7:00 p.m.by Mayor Abrams.
Mayor Abrams shared attending St. John’s groundbreaking and shared the hospital’s
expansion plans.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
Chonburi Lee, Councilmember Present
Nikki Villavicencio, Councilmember Present
D. APPROVAL OF AGENDA
The following was added to Council Presentations:
Ribbon Cutting at County Road D Assisted Living
National Night Out
In Memory of Gigi Monk
Councilmember Cave moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. June 22, 2026 City Council Meeting Minutes
Councilmember Lee moved to approve the June 22, 2026 City Council Meeting Minutes
as submitted.
Seconded by Councilmember Cave Ayes – Mayor Abrams
Councilmember Cave
Councilmember Lee
Councilmember Villavicencio
Abstain – Councilmember Juenemann
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The motion passed.
2. July 13, 2026 City Council Workshop Meeting Minutes
Councilmember Juenemann moved to approve the July 13, 2026 City Council Workshop
Meeting Minutes as submitted.
Seconded by Councilmember Cave Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Sable gave an update to the council calendar and reviewed other topics of
concern or interest requested by council members.
2. Council Presentations
Ribbon Cutting, County Road D Assisted Living
Mayor Abrams attended the ribbon cutting of the new assisted living facility on County
Road D.
National Night Out
Councilmember Juenemann shared National Night Out will be Tuesday, August 4, and
encouraged residents to register their party.
In Memory of Gigi Monk
Councilmember Villavicencio took a moment to honor the life and memory of Gigi Monk,
a member of the disability community in Maplewood. Councilmember Villavicencio also
thanked Maplewood Police Department for their professional response to the incident,
reaffirming the city’s commitment to building an inclusive community.
3. 2025 Annual Comprehensive Financial Report
Finance Director Rueb introduced the agenda item. Andy Grice, Audit Partner with
berganKDV, gave the presentation.
Councilmember Cave moved to accept the Maplewood 2025 Annual Comprehensive
Financial Report.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
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requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
Councilmember Lee moved to approve agenda items G1-G9.
Seconded by Councilmember Cave Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Lee moved to approve the approval of claims.
Seconded by Councilmember Cave Ayes – All
The motion passed.
2. Resolution Approving Assignment of Tax Increment Financing (Sibley Cove
Project)
Councilmember Lee moved to approve the resolution approving assignment of tax
increment financing.
Resolution 26-07-2510
RESOLUTION APPROVING ASSIGNMENT OF TAX INCREMENT FINANCING
WHEREAS, in 2003, the City established Tax Increment Financing District 1-8, a
housing tax increment district, and issued to Sibley Cove, Limited Partnership, the developer,
a pay-as-you-go TIF Note in the principal amount of $1,175,234; and
WHEREAS, in 2021, Sibley Cove, Limited Partnership sold the project to Sibley Cove
II, LLC and Northway Apartment Property II, LLC and the City issued a new Note to the buyer
because the original Note had been lost; and
WHEREAS, the project is now being sold to Sibley Cove Equity Partners, LLC, a
Minnesota limited liability company (the “Buyer”) and the parties wish to assign the Note to
the new Buyer; and
WHEREAS, the 2003 TIF agreement prohibits the assignment of the Note without
the consent of the City; and
WHEREAS, the Note remains a valid obligation of the City and there are no pending
Events of Default or conditions which with the passage of time would constitute an Event of
Default; and
WHEREAS, appropriate documents have been submitted by the parties to this
transaction and reviewed by the City and have been found to be in proper form.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood, Minnesota as follows:
1. The Assignment of Tax Increment Financing and Allonge are approved in the
forms attached hereto.
2. City staff and consultants are authorized and directed to take all additional
actions as may be necessary or convenient to facilitate the intent of this
resolution.
Seconded by Councilmember Cave Ayes – All
The motion passed.
3. Timesheet Software Master Services Agreement
Councilmember Lee moved to approve the Timesheet Software Master Services
Agreement.
Seconded by Councilmember Cave Ayes – All
The motion passed.
4. Purchase of Two Toolcat Work Machines
Councilmember Lee moved to approve the purchase of two toolcat work machines and
direct the mayor and city manager to enter into a contract with Tri-State Bobcat under
Sourcewell Contract #020223-CEC in the amount of $150,274.98.
Seconded by Councilmember Cave Ayes – All
The motion passed.
5. Resolution Accepting Grant Award from the Metropolitan Council for Inflow
and Infiltration Improvements
Councilmember Lee moved to approve the resolution accepting the grant award from the
Metropolitan Council for inflow and infiltration improvements and direct the mayor and
the city manager to sign the agreement. Minor revisions as approved by the city attorney
are authorized as needed.
Resolution 26-07-2511
RESOLUTION ACCEPTING GRANT AWARD FROM THE METROPOLITAN COUNCIL
FOR INFLOW AND INFILTRATION IMPROVEMENTS
WHEREAS, the city council of Maplewood, Minnesota, approved a preliminary
grant agreement from the Metropolitan Council on May 27, 2025 for inflow and infiltration
improvements as a part of the 2023 I&I Grant Program.
WHEREAS, the Metropolitan Council has determined that the final grant award
amount is $121,235 and further prepared the final grant agreement.
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NOW, THEREFORE, BE IT RESOLVED by the city council of Maplewood,
Minnesota:
1. The final grant award amount of $121,235 is accepted by the city and the
mayor and manager are authorized to sign the agreement on behalf of the
city.
Seconded by Councilmember Cave Ayes – All
The motion passed.
6. Use of Bolton and Menk, Inc. for Professional Services, Century Ponds
Development, City Project 24-07
Councilmember Lee moved to approve the professional services agreement with Bolton
and Menk, Inc. and direct the mayor and the city manager to sign the agreement. Minor
revisions as approved by the city attorney are authorized as needed.
Seconded by Councilmember Cave Ayes – All
The motion passed.
7. Use of WSB, Inc. for Professional Services, 2026 Maplewood Street
Improvements, City Project 25-21
Councilmember Lee moved to approve the professional services agreement with WSB,
Inc. and direct the mayor and the city manager to sign the agreement. Minor revisions as
approved by the city attorney are authorized as needed.
Seconded by Councilmember Cave Ayes – All
The motion passed.
8. 3071 Walter Street Trail Easement, City Project 25-11
Councilmember Lee moved to approve the trail easement over the property of 3071
Walter Street, City Project 25-11, and direct the mayor and city manager to sign the
easement. Minor revisions as approved by the city attorney are authorized as needed.
Seconded by Councilmember Cave Ayes – All
The motion passed.
9. Award of Wakefield Open Space Grant
Councilmember Lee moved to accept the Expedited Conservation Project grant with the
Minnesota Department of Natural Resources and direct the mayor and city manager to
sign required acceptance forms upon receival. Minor revisions as approved by the city
attorney are authorized as needed.
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Seconded by Councilmember Cave Ayes – All
The motion passed.
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
None
I. UNFINISHED BUSINESS
1. Resolution Awarding the Sale of General Obligation Bonds, Series 2026A
Finance Director Rueb introduced the agenda item. Brian Reilly, Senior Municipal
Advisor with Ehlers, gave the presentation.
Councilmember Cave moved to approve the Resolution Relating to $6,100,000 General
Obligation Bonds, Series 2026A; Authorizing the Issuance, Awarding the Sale, Fixing the
Form and Details, Providing for the Execution and Delivery Thereof and the Security
Therefor and Levying Ad Valorem Taxes for the Payment Thereof.
Resolution 26-07-2512
RESOLUTION RELATING TO $6,100,000 GENERAL OBLIGATION BONDS, SERIES
2026A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM
AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND
THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE
PAYMENT THEREOF
BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota
(the “City”), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. This City Council, by resolution duly adopted on June 22, 2026,
authorized the issuance and sale of its General Obligation Bonds (the “Bonds”), in one or more
series, pursuant to Minnesota Statutes, Chapters 429 and 475 and Minnesota Statutes, Sections
469.1812 – 469.1815, as amended (the “Abatement Act”), for the purpose of financing (i) various
street improvement projects in the City (the “Improvement Projects”); (ii) certain improvement
projects at Harvest Park in the City (the “Park Projects,” and together with the Improvement
Projects, the “Projects”); and (iii) paying costs of issuance of the Bonds.
To finance the Park Projects, this Council, by resolution adopted after a public hearing
held on June 22, 2026, granted a fifteen (15) year abatement of property taxes to be imposed by
the City on certain parcels in the City (the “Tax Abatement”), pursuant to the Abatement Act. The
revenues received by the City from such Tax Abatement are herein referred to as the “Tax
Abatement Revenue.”
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The portion of the Bonds ($4,785,000) being issued pursuant to the Minnesota Statutes,
Chapters 429 and 475 to finance the Improvement Projects is herein referred to as the
“Improvement Bonds.”
The portion of the Bonds ($1,315,000) being issued pursuant to the Abatement Act and
Chapter 475 to finance the Park Projects is herein referred to as the “Abatement Bonds.”
Maturity schedules for the separate portions of the Bonds are shown in Appendix I
attached hereto.
1.02. Sale. Pursuant to the Terms of Proposal and the Preliminary Official Statement
prepared on behalf of the City by Ehlers & Associates, Inc. (“Ehlers”), municipal advisors to the
City, sealed or electronic proposals for the purchase of the Bonds were received at or before the
time specified for receipt of proposals. The proposals have been opened and publicly read and
considered and the purchase price, interest rates and net interest cost under the terms of each
proposal have been determined. The most favorable proposal received is that of Raymond James
& Associates, Inc. in St. Petersburg, Florida (the “Purchaser”), to purchase the Bonds at a
purchase price of $6,338,287.31, on the further terms and conditions hereinafter set forth.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Clerk are hereby authorized and directed on behalf of the City to execute a contract for
the sale of the Bonds with the Purchaser in accordance with the Preliminary Official Statement.
The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds
have been delivered, and shall be deducted from the purchase price paid at settlement.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the Council to establish the
form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each,
or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and
amounts stated below, and shall bear interest from date of issue until paid or duly called for
redemption, at the annual rates set forth opposite such years and amounts, as follows:
Year Principal ($) Rate (%) Year Principal ($) Rate (%)
2028 190,000 5.000 2039 480,000 4.000
2029 315,000 5.000 2040 500,000 4.000
2030 330,000 5.000 2041 520,000 4.000
2031 345,000 5.000 2042 540,000 4.000
2036 1,970,000 4.125
2037 445,000 4.000
2038 465,000 4.000
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued
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by the Registrar described herein, provided that so long as the Bonds are registered in the name
of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal
and interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date
of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest
on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1,
2027, each such date being referred to herein as an Interest Payment Date, to the persons in
whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the
Registrar’s close of business on the fifteenth day of the calendar month preceding that in which
such Interest Payment Date occurs, whether or not such day is a business day. Interest shall be
computed on the basis of a 360-day year composed of twelve 30-day months.
2.04. Redemption. Bonds maturing on or after February 1, 2037, shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of maturity
dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if
applicable, by the bond depository in accordance with its customary procedures) in integral
multiples of $5,000, on February 1, 2036, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Clerk shall
cause notice of the call for redemption thereof to be published if and as required by law, and at
least thirty (30) and not more than sixty (60) days prior to the designated redemption date, shall
cause notice of call for redemption to be mailed, by first class mail, to the Registrar and registered
holders of any Bonds to be redeemed at their addresses as they appear on the Bond Register
described in Section 2.06 hereof, provided that notice shall be given to any securities depository
in accordance with its operational arrangements. No defect in or failure to give such notice of
redemption shall affect the validity of proceedings for the redemption of any Bond not affected by
such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or
portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at
the redemption price therein specified and from and after such date (unless the City shall default
in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear
interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the
owner without charge, representing the remaining principal amount outstanding.
Bonds maturing on February 1, 2036 (the “Term Bonds”) shall be subject to mandatory
redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.04 at a
redemption price equal to the stated principal amount thereof plus interest accrued thereon to the
redemption date, without premium. The Registrar shall select for redemption, by lot or other
manner deemed fair, on February 1 in each of the following years the following stated principal
amounts of such Bonds:
Term Bonds Maturing in 2036
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Sinking Fund Aggregate
Payment Date Principal Amount
2032 $365,000
2033 375,000
2034 395,000
2035 410,000
2036* 425,000
*stated maturity
Notice of redemption shall be given as provided in the preceding paragraph.
2.05. Appointment of Registrar. The City hereby appoints Bond Trust Services
Corporation, Minneapolis, Minnesota, as the initial Bond registrar, transfer agent and paying agent
(the “Registrar”). The Mayor and City Clerk are authorized to execute and deliver, on behalf of
the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company organized under the laws of
the United States or one of the states of the United States and authorized by law to conduct such
business, such corporation shall be authorized to act as successor Registrar. The City agrees to
pay the reasonable and customary charges of the Registrar for the services performed. The City
reserves the right to remove the Registrar, effective upon not less than thirty days’ written notice
and upon the appointment and acceptance of a successor Registrar, in which event the
predecessor Registrar shall deliver all cash and Bonds in its possession to the successor
Registrar and shall deliver the Bond Register to the successor Registrar.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
register (the “Bond Register”) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person (whether a natural person, corporation, association, partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed
by the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding that in which the interest payment date occurs and until such interest
payment date.
(c) Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than $5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
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authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
(d) Cancellation. All Bonds surrendered for payment, transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine
and that the requested transfer is legally authorized. The Registrar shall incur no liability
for the refusal, in good faith, to make transfers which it, in its judgment, deems improper
or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person
in whose name any Bond is at any time registered in the Bond Register as the absolute
owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving
payment of or on account of, the principal of and interest on the Bond and for all other
purposes; and all payments made to or upon the order of such Holder shall be valid and
effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or
sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds
(except for an exchange upon a partial redemption of a Bond), the Registrar may impose
a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of
the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of
Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to
the same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
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2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Clerk and shall be executed on behalf of the City by the signatures of the
Mayor and the City Clerk, provided that the signatures may be printed, engraved or lithographed
facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature
shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such
signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if
such officer had remained in office until the date of delivery of such Bond. Notwithstanding such
execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit
under this Resolution unless and until a certificate of authentication on the Bond, substantially in
the form provided in EXHIBIT B, has been executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be
signed by the same representative. The executed certificate of authentication on any Bond shall
be conclusive evidence that it has been duly authenticated and delivered under this Resolution.
When the Bonds have been prepared, executed and authenticated, the City Clerk shall deliver
them to the Purchaser upon payment of the purchase price in accordance with the contract of
sale theretofore executed, and the Purchaser shall not be obligated to see to the application of
the purchase price.
2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
“Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person’s subrogee.
“Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
“DTC” shall mean The Depository Trust Company of New York, New York.
“Participant” shall mean any broker-dealer, bank or other financial institution for which
DTC holds bonds as securities depository.
“Representation Letter” shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC’s Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered
bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds.
Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the
name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its
nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes
of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to
be redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the Bond Register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or required
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to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any
Participant of any person to receive payment in the event of a partial redemption of the Bonds, or
with respect to any consent given or other action taken by DTC as registered owner of the Bonds.
So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar
shall pay all principal of and interest on such Bond, and shall give all notices with respect to such
Bond, only to Cede & Co. in accordance with DTC’s Operational Arrangements, 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 interest on the Bonds to the extent of the sum or sums so paid. No
person other than DTC shall receive an authenticated Bond for each separate stated maturity
evidencing the obligation of the City to make payments of principal and interest. Upon delivery
by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a
new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in
accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds in the form of physical certificates, the City may notify
DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through
DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in
accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging
its responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Clerk is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph
(b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar
of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the
permitted transferee in accordance with the provisions of this resolution. In the event Bonds in
the form of certificates are issued to owners other than Cede & Co., its successor as nominee for
DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the
provisions of this resolution shall also apply to all matters relating thereto, including, without
limitation, the printing of such Bonds in the form of physical certificates and the method of payment
of principal of and interest on such Bonds in the form of physical certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the form found as
EXHIBIT B attached hereto.
Section 3. USE OF PROCEEDS; PROJECT FUND.
There is hereby created a special bookkeeping fund to be designated as the “General
Obligation Bonds, Series 2026A Project Fund” (the “Project Fund”), to be held and administered
by the City Manager separate and apart from all other funds of the City. Within the Project Fund
shall be established the following accounts:
(a) Park Projects Account. The Park Projects Account shall be credited with (i)
$1,366,429.65 from the proceeds of the Abatement Bonds, representing the estimated
costs of the Park Projects ($1,350,000.00) and costs of issuance of the Abatement
Bonds ($16,429.65). The City Manager shall maintain the Park Projects Account until
payment of all costs and expenses incurred in connection with the construction of the
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Park Projects Account and all costs of issuance of the Abatement Bonds have been
paid. The City may deposit funds from other available sources into the Park Projects
Account.
(b) Improvement Projects Account. The Improvement Projects Account shall be credited
with (i) $4,971,857.66 from the proceeds of the Improvement Bonds, representing the
estimated costs of the Improvement Projects ($4,902,197.31) and costs of issuance
of the Improvement Bonds ($69,660.35) and (ii) all prepaid special assessments
collected with respect to the Improvement Projects. The City Manager shall maintain
the Improvement Projects Account until payment of all costs and expenses incurred in
connection with the construction of the Improvement Projects and all costs of issuance
of the Improvement Bonds have been paid. The City may deposit funds, including
prepaid assessments and funds from other available sources, into the Improvement
Projects Account.
From the Project Fund there shall be paid all costs and expenses related to the
construction of the Project. In addition, costs of issuance are expected to be paid from proceeds
of the Bonds in the Project Fund and are included in the respective accounts above. After
payment of all such costs and expenses, the Project Fund shall be terminated. All funds on hand
in the Project Fund when terminated shall be credited to the Bond Fund described in Section 4
hereof, unless and except as such proceeds may be transferred to some other fund or account
as to which the City has received from bond counsel an opinion that such other transfer is
permitted by applicable laws and does not impair the exemption of interest on the Bonds from
federal income taxes. In no event shall funds remain in the Project Fund later than three years
following the date of issuance of the Bonds.
SECTION 4. GENERAL OBLIGATION BONDS, SERIES 2026A BOND FUND. The Bonds shall
be payable from a separate General Obligation Bonds, Series 2026A Bond Fund (the “Bond
Fund”) of the City, which shall be created and maintained on the books of the City as a separate
debt redemption fund until the Bonds, and all interest thereon, are fully paid. Within the Debt
Service Account of the Bond Fund shall be established the following subaccounts:
(a) Abatement Bonds Subaccount. Into the Abatement Bonds Subaccount shall be paid:
i. the amounts specified in Section 3(a) above upon termination of the Park
Projects Account of the Project Fund;
ii. any funds received from the Purchaser upon delivery of the Abatement
Bonds in excess of the amounts specified in Section 3(a) above; (c) Tax
Abatement Revenue received by the City;
iii. any taxes collected pursuant to Section 7 hereof;
iv. any other funds appropriated by this Council for the payment of the
Abatement Bonds.
(b) Improvement Bonds Subaccount. Into the Improvement Bonds Subaccount shall be paid:
i. the amounts specified in Section 3(b) above upon termination of the
Improvement Projects Account of the Project Fund;
ii. any funds received from the Purchaser upon delivery of the Improvement
Bonds in excess of the amounts specified in Section 3(b) above;
iii. special assessments levied and collected in accordance with this
Resolution except prepaid assessments applied to the Improvement
Projects Account;
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iv. any taxes collected pursuant to Section 7 hereof; and
v. any other funds appropriated by this Council for the payment of the
Improvement Bonds.
The principal of and interest on the Bonds shall be payable from the Bond Fund, and the money
on hand in the Bond Fund from time to time shall be used only to pay the principal of and interest
on the Bonds. On or before each principal and interest payment date for the Bonds, the City
Finance Director is directed to remit to the Registrar from funds on deposit in the Bond Fund the
amount needed to pay principal and interest on the Bonds on the next succeeding principal and
interest payment date.
There are hereby established two accounts in the Bond Fund, designated as the “Debt
Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt
Service Account upon the issuance of the Bonds the amount set forth in clause (b) above.
Thereafter, during each bond year (each twelve month period commencing on February 1 and
ending on the following January 31, a “Bond Year”), as monies are received into the Bond Fund,
the City Finance Director shall first deposit such monies into the Debt Service Account until an
amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds
through the end of the Bond Year. All subsequent monies received in the Bond Fund during the
Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in
the Debt Service Account is insufficient for the payment of principal and interest then due, the
City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus
Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on
amounts from time to time held in the Debt Service Account and Surplus Account shall be credited
or charged to said accounts.
If the balance in the Bond Fund is at any time insufficient to pay all interest and principal
then due on all Bonds payable therefrom, the payment shall be made from any fund of the City
which is available for that purpose, subject to reimbursement from the Surplus Account when the
balance therein is sufficient, and the City covenants and agrees that it will each year levy a
sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency,
which levy is not subject to any constitutional or statutory limitation.
SECTION 5. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the costs of the Improvement Projects, the City has done or will do and perform all
acts and things necessary for the final and valid levy of special assessments in a principal amount
of $1,946,565, which amount is not less than 20% of the cost of the Improvement Projects. The
principal of the assessments shall be made payable in annual installments, with interest as
established by this Council in accordance with law on unpaid installments thereof from time to
time remaining unpaid. In the event any special assessment shall at any time be held invalid with
respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding
taken or to be taken by the City or by this Council or by any of the officers or employees of the
City, either in the making of such special assessment or in the performance of any condition
precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further
things and take all such further proceedings as shall be required by law to make such special
assessment a valid and binding lien upon said property.
SECTION 6. RESERVED.
SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the principal
of and interest on the Bonds as such payments respectively become due, the full faith, credit and
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14
unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to
produce aggregate amounts which, together with the collections of other amounts as set forth in
Section 4, will produce amounts not less than 5% in excess of the amounts needed to meet when
due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all
taxable property in the City, the taxes to be levied and collected in the years and amounts as
shown on EXHIBIT C.
The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,
provided that the City reserves the right and power to reduce the tax levies from other legally
available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61.
SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also discharge its
obligations with respect to any prepayable Bonds called for redemption on any date when they
are prepayable according to their terms by depositing with the Registrar on or before that date an
amount equal to the principal, redemption premium, if any, and interest then due, provided that
notice of such redemption has been duly given as provided herein. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the
Registrar or with a bank or trust company qualified by law to act as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited for such purpose,
bearing interest payable at such times and at such rates and maturing or callable at the holder’s
option on such dates as shall be required to pay all principal and interest to become due thereon
to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an
earlier designated redemption date. If such deposit is made more than ninety days before the
maturity date or specified redemption date of the Bonds to be discharged, the City must have
received a written opinion of Bond Counsel to the effect that such deposit does not adversely
affect the exemption of interest on any Bonds from federal income taxation and a written report
of an accountant or investment banking firm verifying that the deposit is sufficient to pay when
due all of the principal and interest on the Bonds to be discharged on and before their maturity
dates or earlier designated redemption date.
SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE.
9.01. General Tax Covenant. The City agrees with the registered owners from time to
time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any action that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and
applicable Treasury Regulations (the “Regulations”), and agrees to take any and all actions within
its powers to ensure that the interest on the Bonds will not become includable in gross income of
the recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the
Project Fund will be expended solely for the payment of the costs of the Projects. The Projects
are and will be owned and maintained by the City and available for use by members of the general
public on a substantially equal basis. The City shall not enter into any lease, management
contract, use agreement, capacity agreement or other agreement with any non-governmental
person relating to the use of the Projects, or any portion thereof, or security for the payment of
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the Bonds which might cause the Bonds to be considered “private activity bonds” or “private loan
bonds” pursuant to Section 141 of the Code.
9.02. Arbitrage Certification. The Mayor and City Clerk being the officers of the City
charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized
and directed to execute and deliver to the Purchaser a certificate in accordance with Section 148
of the Code, and applicable Regulations, stating the facts, estimates and circumstances in
existence on the date of issue and delivery of the Bonds which make it reasonable to expect that
the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be
“arbitrage bonds” within the meaning of the Code and Regulations.
9.03. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the
rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such
records, make such determinations, file such reports and documents and pay such amounts at
such times as are required under said Section 148(f) and applicable Regulations to preserve the
exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the
Bonds qualify for an exception from the rebate requirement pursuant to one of the spending
exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds
(other than amounts constituting a “bona fide debt service fund”) arise during or after the
expenditure of the original proceeds thereof.
9.04. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Projects which the City paid
or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to
such prior expenditures, the City shall have made a declaration of official intent which complies
with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not
apply (i) with respect to certain de minimis expenditures, if any, with respect to the Projects
meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to
“preliminary expenditures” for the Projects as defined in Section 1.150-2(f)(2) of the Regulations,
including engineering or architectural expenses and similar preparatory expenses, which in the
aggregate do not exceed 20% of the “issue price” of the Bonds.
9.05. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bonds
as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code relating to the
disallowance of interest expense for financial institutions, and hereby finds that the reasonably
anticipated amount of tax-exempt obligations (within the meaning of Section 265(b)(3) of the
Code) which will be issued by the City and all subordinate entities during calendar year 2026 does
not exceed $10,000,000.
9.06. Continuing Disclosure (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit the
Purchaser and other participating underwriters in the primary offering of the Bonds to comply with
amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of
1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted
from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby
makes the following covenants and agreements for the benefit of the Owners (as hereinafter
defined) from time to time of the outstanding Bonds. The City is the only obligated person in
respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in
respect of which continuing disclosure must be made. If the City fails to comply with any
provisions of this section, any person aggrieved thereby, including the Owners of any outstanding
Bonds, may take whatever action at law or in equity may appear necessary or appropriate to
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enforce performance and observance of any agreement or covenant contained in this section,
including an action for a writ of mandamus or specific performance. Direct, indirect, consequential
and punitive damages shall not be recoverable for any default hereunder to the extent permitted
by law. Notwithstanding anything to the contrary contained herein, in no event shall a default
under this section constitute a default under the Bonds or under any other provision of this
resolution. As used in this section, Owner or Bondowner means, in respect of the Bonds, the
registered owner or owners thereof appearing in the bond register maintained by the Registrar or
any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the
Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to
the Registrar. As used herein, Beneficial Owner means, in respect of the Bonds, any person or
entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to
dispose of ownership of, such Bonds (including persons or entities holding Bonds through
nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bonds for
federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c)
hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) On or before 12 months after the end of each fiscal year of the City, commencing
with the fiscal year ending December 31, 2026, the following financial information
and operating data in respect of the City (the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, prepared in
accordance with generally accepted accounting principles in accordance
with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided
under Minnesota law, as in effect from time to time, or, if and to the extent
such financial statements have not been prepared in accordance with such
generally accepted accounting principles for reasons beyond the
reasonable control of the City, noting the discrepancies therefrom and the
effect thereof, and certified as to accuracy and completeness in all material
respects by the fiscal officer of the City; and
(B) to the extent not included in the financial statements referred to in
paragraph (A) hereof, the information for such fiscal year or for the period
most recently available of the type contained in the Official Statement under
headings: “VALUATIONS – Current Property Valuations,” “DEBT – Direct
Debt;” “TAX LEVIES, COLLECTIONS AND RATES – Tax Levies and
Collections,” “GENERAL INFORMATION – U.S. Census Data – Population
Trend,” and “– Employment/Unemployment Data,” which information may
be unaudited.
Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been filed with
the SEC or have been made available to the public by the Municipal Securities Rulemaking Board
(the “MSRB”) through its Electronic Municipal Market Access System (EMMA). The City shall
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clearly identify in the Disclosure Information each document so incorporated by reference. If any
part of the Disclosure Information can no longer be generated because the operations of the City
have materially changed or been discontinued, such Disclosure Information need no longer be
provided if the City includes in the Disclosure Information a statement to such effect; provided,
however, if such operations have been replaced by other City operations in respect of which data
is not included in the Disclosure Information and the City determines that certain specified data
regarding such replacement operations would be a Material Fact (as defined in paragraph (2)
hereof), then, from and after such determination, the Disclosure Information shall include such
additional specified data regarding the replacement operations. If the Disclosure Information is
changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then
the City shall include in the next Disclosure Information to be delivered hereunder, to the extent
necessary, an explanation of the reasons for the amendment and the effect of any change in the
type of financial information or operating data provided.
(2) In a timely manner, not in excess of 10 business days, to the MSRB through EMMA,
notice of the occurrence of any of the following events (each a “Material Fact,” as
hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax status of the Bonds, or other material events affecting the
tax status of the Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities, if material;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or similar event of the City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry
into a definitive agreement to undertake such an action or the termination
of a definitive agreement relating to any such actions, other than pursuant
to its terms, if material; and
(N) Appointment of a successor or additional paying agent or the change of
name of a paying agent, if material.
(O) Incurrence of a financial obligation of the obligated person, if material, or
agreement to covenants, events of default, remedies, priority rights, or
other similar terms of a financial obligation of the obligated person, any of
which affect security holders, if material; and
(P) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a financial obligation of the obligated
person, any of which reflect financial difficulties.
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For purposes of the events identified in paragraphs (O) and (P) above, the term “financial
obligation” means (i) a debt obligation; (ii) a derivative instrument entered into in connection with,
or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a
guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to
which a final official statement has been provided to the MSRB consistent with the Rule.
As used herein, for those events that must be reported if material, a “Material Fact” is a
fact as to which a substantial likelihood exists that a reasonably prudent investor would attach
importance thereto in deciding to buy, hold or sell the Bonds or, if not disclosed, would significantly
alter the total information otherwise available to an investor from the Official Statement,
information disclosed hereunder or information generally available to the public. Notwithstanding
the foregoing sentence, a Material Fact is also a fact that would be deemed material for purposes
of the purchase, holding or sale of the Bonds within the meaning of applicable federal securities
laws, as interpreted at the time of discovery of the occurrence of the event.
For the purposes of the event identified in (L) hereinabove, the event is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer
for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of the obligated person, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the obligated person.
(3) In a timely manner, to the MSRB through EMMA, notice of the occurrence of any
of the following events or conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph (b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection
(d), together with a copy of such amendment or supplement and any
explanation provided by the City under subsection (d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection (d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are
prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB through EMMA, in an electronic
format as prescribed by the MSRB, the information described in subsection (b).
(2) All documents provided to the MSRB pursuant to this subsection (c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
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(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are outstanding. Notwithstanding the preceding sentence, however, the
obligations of the City under this section shall terminate and be without further
effect as of any date on which the City delivers to the Registrar an opinion of Bond
Counsel to the effect that, because of legislative action or final judicial or
administrative actions or proceedings, the failure of the City to comply with the
requirements of this section will not cause participating underwriters in the primary
offering of the Bonds to be in violation of the Rule or other applicable requirements
of the Securities Exchange Act of 1934, as amended, or any statutes or laws
successory thereto or amendatory thereof.
(2) This section (and the form and requirements of the Disclosure Information) may
be amended or supplemented by the City from time to time, without notice to
(except as provided in paragraph (c)(2) hereof) or the consent of the Owners of
any Bonds, by a resolution of this Council filed in the office of the recording officer
of the City accompanied by an opinion of Bond Counsel, who may rely on
certificates of the City and others and the opinion may be subject to customary
qualifications, to the effect that: (i) such amendment or supplement (a) is made in
connection with a change in circumstances that arises from a change in law or
regulation or a change in the identity, nature or status of the City or the type of
operations conducted by the City, or (b) is required by, or better complies with, the
provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or
supplemented would have complied with the requirements of paragraph (b)(5) of
the Rule at the time of the primary offering of the Bonds, giving effect to any change
in circumstances applicable under clause (i)(a) and assuming that the Rule as in
effect and interpreted at the time of the amendment or supplement was in effect at
the time of the primary offering; and (iii) such amendment or supplement does not
materially impair the interests of the Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of
the reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 10. CERTIFICATION OF PROCEEDINGS.
10.01. Registration of Bonds. The City Clerk is hereby authorized and directed to file a
certified copy of this resolution with the County Auditor of Ramsey County, together with such
additional information as is required, and to obtain a certificate from each that the Bonds and the
taxes levied pursuant hereto have been duly entered upon such County Auditor’s bond register.
10.02. Authentication of Transcript. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney
LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such
other affidavits, certificates and information as may be required to show the facts relating to the
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legality and marketability of the Bonds, as the same appear from the books and records in their
custody and control or as otherwise known to them, and all such certified copies, affidavits and
certificates, including any heretofore furnished, shall be deemed representations of the City as to
the correctness of all statements contained therein.
10.03. Official Statement. The Preliminary Official Statement relating to the Bonds
prepared and distributed by Ehlers is hereby approved. Ehlers is hereby authorized on behalf of
the City to prepare and distribute to the Purchaser within seven business days from the date
hereof, a Final Official Statement listing the offering price, the interest rates, selling compensation,
delivery date, the underwriters and such other information relating to the Bonds required to be
included in the Official Statement by Rule l5c2-12 adopted by the Securities and Exchange
Commission under the Securities Exchange Act of 1934. The officers of the City are hereby
authorized and directed to execute such certificates as may be appropriate concerning the
accuracy, completeness and sufficiency of the Official Statement.
10.04. Authorization of Payment of Certain Costs of Issuance of the Bonds
The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to
the payment of issuance expenses to Wells Fargo Bank, N.A. on the closing date for further
distribution as directed by Ehlers.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
______________________ and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said 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 City Clerk of the City of Maplewood,
Minnesota (the “City”), hereby certify that I have carefully compared the attached and foregoing
extract of minutes of a regular meeting of the City Council of the City held on Monday, July 27,
2026, with the original minutes on file in my office and the extract is a full, true, and correct copy
of the minutes, insofar as they relate to the issuance and sale of the City’s General Obligation
Bonds, Series 2026A, in the proposed aggregate principal amount of $6,100,000.
WITNESS My hand as City Clerk and the corporate seal of the City this ____ day of July, 2026.
_______________________________
City Clerk
City of Maplewood, Minnesota
(SEAL)
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APPENDIX I
Maturity Schedules
YEAR ABATEMENT IMPROVEMENT TOTAL
BONDS BONDS
2028 $ 40,000 $ 150,000 $ 190,000
2029 70,000 245,000 315,000
2030 70,000 260,000 330,000
2031 75,000 270,000 345,000
2032 80,000 285,000 365,000
2033 80,000 295,000 375,000
2034 85,000 310,000 395,000
2035 90,000 320,000 410,000
2036 90,000 335,000 425,000
2037 95,000 350,000 445,000
2038 100,000 365,000 465,000
2039 105,000 375,000 480,000
2040 110,000 390,000 500,000
2041 110,000 410,000 520,000
2042 115,000 425,000 540,000
TOTAL $1,315,000 $4,785,000 $6,100,000
TERM MATURITY
APPENDIX II
Bid Comparison
It was reported that nine (9) proposals for the purchase of $6,100,000 General Obligation
Bonds, Series 2026A were received prior to 10:00 a.m., Central time, on Monday, July 27, 2026,
pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by
Ehlers & Associates, Inc., municipal advisors to the City. The proposals have been publicly
opened, read and tabulated and were found to be as follows:
SEE ATTACHED
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EXHIBIT A
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
GENERAL OBLIGATION BOND,
SERIES 2026A
R-___ $_________
INTEREST MATURITY DATE OF ORIGINAL
RATE DATE ISSUE CUSIP NO.
FEBRUARY 1,
__% 20__ AUGUST 19, 2026
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
CITY OF MAPLEWOOD, State of Minnesota (the “City”) acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns, the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or
duly provided for, at the annual interest rate specified above, payable on February 1 and August 1
in each year, commencing August 1, 2027 (each such date, an “Interest Payment Date”), all
subject to the provisions referred to herein with respect to the redemption of the principal of this
Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the
person in whose name this Bond is registered at the close of business on the fifteenth day
(whether or not a business day) of the calendar month preceding that in which such Interest
Payment Date occurs. Interest hereon shall be computed on the basis of a 360-day year
composed of twelve 30-day months. The interest hereon and, upon presentation and surrender
hereof at the principal office of the agent of the Registrar described below, the principal hereof
are payable in lawful money of the United States of America by check or draft drawn on Bond
Trust Services Corporation, Minneapolis, Minnesota, as Bond registrar, transfer agent and paying
agent, or its successor designated under the Resolution described herein (the “Registrar”) or other
agreed-upon means of payment by the Registrar or its designated successor. For the prompt
and full payment of such principal and interest as the same respectively come due, the full faith
and credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue (the “Bonds”) in the aggregate principal amount of $6,100,000
issued pursuant to a resolution adopted by the City Council on July 27, 2026 (the “Resolution”),
to finance various street improvement projects and park projects. This Bond is issued by authority
of and in strict accordance with the provisions of the Constitution and laws of the State of
Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475, and
Sections 469.1812 – 469.1815, as amended. For the full and prompt payment of the principal of
July 27, 2026
City Council Meeting Minutes
25
and interest on the Bonds as the same become due, the full faith, credit and taxing power of the
City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully
registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities.
Bonds maturing on February 1, 2037 and later years shall be subject to redemption and
prepayment at the option of the City, in whole or in part, in such order of maturity dates as the
City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the
Bond depository in accordance with its customary procedures) in multiples of $5,000, on February
1, 2036 and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City shall cause notice of the call for redemption thereof
to be published if and to the extent required by law, and at least thirty (30) and not more than sixty
(60) days prior to the designated redemption date, shall cause notice of call for redemption to be
mailed, by first class mail (or, if applicable, provided in accordance with the operational
arrangements of the securities depository), to the registered holders of any Bonds, at the holders’
addresses as they appear on the Bond register maintained by the Bond Registrar, but no defect
in or failure to give such mailed notice of redemption shall affect the validity of proceedings for
the redemption of any Bond not affected by such defect or failure. Official notice of redemption
having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified and from
and after such date (unless the City shall default in the payment of the redemption price) such
Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a
new Bond or Bonds will be delivered to the owner without charge, representing the remaining
principal amount outstanding.
Bonds maturing in the year 2036 shall be subject to mandatory redemption, at a
redemption price equal to their principal amount plus interest accrued thereon to the redemption
date, without premium, on February 1 in each of the years shown below, in an amount equal to
the following principal amounts:
Term Bonds Maturing in 2036
Sinking Fund Aggregate
Payment Date Principal Amount
2032 $365,000
2033 375,000
2034 395,000
2035 410,000
2036* 425,000
*stated maturity
Notice of redemption shall be given as provided in the preceding paragraph.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Registrar, by the registered
owner hereof in person or by the owner’s attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Registrar, duly executed by the
registered owner or the owner’s attorney, and may also be surrendered in exchange for Bonds of
other authorized denominations. Upon such transfer or exchange the City will cause a new Bond
or Bonds to be issued in the name of the designated transferee or registered owner, of the same
aggregate principal amount, bearing interest at the same rate and maturing on the same date;
July 27, 2026
City Council Meeting Minutes
26
subject to reimbursement for any tax, fee or governmental charge required to be paid with respect
to any such transfer or exchange.
The Bonds have been designated as “qualified tax-exempt obligations” pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment as herein provided and for all other purposes, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that, prior to the
issuance hereof, the City Council has by the Resolution covenanted and agreed to collect and
apply to payment of the bonds tax abatement revenues, special assessments, and ad valorem
taxes levied on all taxable property in the City, which abatement revenues, special assessments,
and taxes are estimated to be collectible in years and amounts sufficient to produce sums not
less than 5% in excess of the principal of and interest on the Bonds when due, and has
appropriated such taxes to its General Obligation Bonds, Series 2026A Bond Fund for the
payment of such principal and interest; that if necessary for the payment of such principal and
interest, additional ad valorem taxes are required to be levied upon all taxable property in the City,
without limitation as to rate or amount; that all proceedings relative to the projects financed by this
Bond have been or will be taken according to law and that the issuance of this Bond, together
with all other indebtedness of the City outstanding on the date hereof and on the date of its actual
issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional
or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by
the facsimile signatures of its Mayor and City Clerk and has caused this Bond to be dated as of
the date set forth below.
CITY OF MAPLEWOOD, MINNESOTA
(facsimile signature – City Clerk) (facsimile signature – Mayor)
_________
July 27, 2026
City Council Meeting Minutes
27
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication: __________________
BOND TRUST SERVICES CORPORATION
as Registrar
By
Authorized Representative
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 the applicable laws or regulations:
TEN COM --as tenants in common UTMA …………. as Custodian for …………..
(Cust) (Minor)
TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ....……..
(State)
JT TEN --as joint tenants with right of survivorship and not as tenants in common
Additional abbreviations may also be used.
__________
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
______________________________________________________________________ the
within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
______________________________________________________________________
attorney to transfer the said Bond on the books kept for registration of the within Bond, with full
power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or
enlargement or any change whatsoever.
Signature Guaranteed:
July 27, 2026
City Council Meeting Minutes
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Improvements
Tax Levy Schedule
Tax Tax Bond
Levy Collect Pay
YearYearYearTotal P+INet New D/SP & I @105%Net Levy
----
202620272028443,742.82443,742.82465,929.96465,929.96
202720282029440,081.26440,081.26462,085.32462,085.32
202820292030442,831.26442,831.26464,972.82464,972.82
202920302031439,831.26439,831.26461,822.82461,822.82
203020312032441,331.26441,331.26463,397.82463,397.82
203120322033439,575.00439,575.00461,553.75461,553.75
203220332034442,406.26442,406.26464,526.57464,526.57
203320342035439,618.76439,618.76461,599.70461,599.70
203420352036441,418.76441,418.76463,489.70463,489.70
203520362037442,600.00442,600.00464,730.00464,730.00
203620372038443,600.00443,600.00465,780.00465,780.00
203720382039439,000.00439,000.00460,950.00460,950.00
203820392040439,000.00439,000.00460,950.00460,950.00
203920402041443,400.00443,400.00465,570.00465,570.00
204020412042442,000.00442,000.00464,100.00464,100.00
Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements
Total--$6,620,436.64$6,620,436.64$6,951,458.47$6,951,458.47
of the Registrar, which requirements include membership or participation in STAMP or such other
“signature guaranty program” as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.
PLEASE INSERT SOCIAL SECURITY OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE:
EXHIBIT C
TAX LEVIES
July 27, 2026
City Council Meeting Minutes
29
Tax Abatement
Tax Levy Schedule
Tax Tax Bond Tax
Levy Collect Pay Abatement
YearYearYearTotal P+INet New D/SP & I @105%RevenueNet Levy
202620272028120,737.82120,737.82126,774.71126,774.71-
202720282029123,681.26123,681.26129,865.32129,865.32-
202820292030120,181.26120,181.26126,190.32126,190.32-
202920302031121,681.26121,681.26127,765.32127,765.32-
203020312032122,931.26122,931.26129,077.82129,077.82-
203120322033119,631.26119,631.26125,612.82125,612.82-
203220332034121,331.26121,331.26127,397.82127,397.82-
203320342035122,825.00122,825.00128,966.25128,966.25-
203420352036119,112.50119,112.50125,068.13125,068.13-
203520362037120,400.00120,400.00126,420.00126,420.00-
203620372038121,600.00121,600.00127,680.00127,680.00-
203720382039122,600.00122,600.00128,730.00128,730.00-
203820392040123,400.00123,400.00129,570.00129,570.00-
203920402041119,000.00119,000.00124,950.00124,950.00-
204020412042119,600.00119,600.00125,580.00125,580.00-
Total--$1,818,712.88$1,818,712.88$1,909,648.52$1,909,648.52-
RAMSEY COUNTY AUDITOR’S
CERTIFICATE AS TO REGISTRATION AND TAX LEVY
The undersigned, being the duly qualified and acting County Auditor of Ramsey County,
Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution
duly adopted on July 27, 2026, by the City Council of Maplewood, Minnesota, setting forth the
form and details of an issue of $6,100,000 General Obligation Bonds, Series 2026A dated the
date of issuance thereof.
I further certify that the issue has been entered on my bond register and the tax required
by law for their payment has been levied and filed as required by Minnesota Statutes, Sections
475.61 through 475.63.
WITNESS my hand and official seal on the _____ day of _______, 2026.
Ramsey County Auditor
(SEAL)
July 27, 2026
City Council Meeting Minutes
30
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
J. NEW BUSINESS
1. Residential Recycling and Trash Request for Proposal
Public Works Director Love introduced the agenda item. Sustainability Coordinator
Finwall gave the presentation. City Manager Sable added further information.
Councilmember Lee moved to authorize the release of the request for proposals for
residential recycling and trash collection.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
K. AWARD OF BIDS
1. Resolution Receiving Bids and Awarding Construction Contract, 2026
Boulevard Ash Tree Removal and Replacement Project, City Project 26-07
Public Works Director Love gave the staff report.
Councilmember Juenemann moved to approve the resolution receiving bids and
awarding a construction contract for the 2026 Boulevard Ash Tree Removal and
Replacement Project, city project 26-07, to Hoffman & McNamara Company.
Resolution 26-07-2513
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
CITY PROJECT 26-07
WHEREAS, a resolution was passed by the city council on April, 27, 2026,
approving plans and specifications and advertising for bids for the 2026 Boulevard Ash
Tree Removal and Replacement Project, City Project 26-07; and
WHEREAS, the plans and specifications were advertised for bids, bids were
received, opened, tabulated according to the law, and the following bids were received
complying with the advertisement:
Bid Tabulation
Bidder Bid Amount
Hoffman & McNamara Company $355,368.00
Tree Story, Inc. $357,831.55
Hugo Tree $375,161.29
Alpha Services, LLC $462,581.00
July 27, 2026
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Urban Companies $470,450.00
Pro-Tree Outdoor Services $499,999.27
WHEREAS, Hoffman & McNamara Company is the lowest responsible bidder;
and
WHEREAS, the proposed funding plan for the $355,368 from the Street
Revitalization Fund, with $271,611 being reimbursed to the city by the Minnesota
Department of Natural Resources through a Community Tree Planting Grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood,
Minnesota
1. The mayor and city manager are authorized and directed to enter into a
contract with Hoffman & McNamara Company, in the name of the City of
Maplewood for the 2026 Boulevard Ash Tree Removal and Replacement
Project, City Project 26-07, according to the plans and specifications
approved by the city council and on file in the office of the city engineer.
2. The finance director is hereby authorized to make the financial transfers
necessary to implement the funding plan for the project noted above and to
further prepare a budget adjustment based on final construction costs after
project completion.
Seconded by Councilmember Villavicencio Ayes – All
The motion passed.
2. Resolution Receiving Bids and Awarding Construction Contract, Public
Works Yard Improvements, City Project 26-09
Public Works Director Love gave the staff report.
Councilmember Lee moved to approve the resolution receiving bids and awarding a
construction contract for the Public Works Yard Improvements, City Project 26-09, to
Bituminous Roadways, Inc.
Resolution 26-07-2514
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
CITY PROJECT 26-09
WHEREAS, a resolution was passed by the city council on June 22, 2026,
approving plans and specifications and advertising for bids for the Public Works Yard
Improvements, City Project 26-09; and
WHEREAS, the plans and specifications were advertised for bids, six bids were
received, opened, tabulated according to the law, and the following bids were received
complying with the advertisement:
July 27, 2026
City Council Meeting Minutes
32
Bid Tabulation
Bidder Bid Amount
Bituminous Roadways $275,652.30
Park Construction Company $295,627.55
JCF Builders $297,670.00
Pember Companies $301,617.05
Urban Companies $303,349.50
Dresel Contracting $374,914.30
WHEREAS, Bituminous Roadways, Inc. is the lowest responsible bidder; and
WHEREAS, the proposed funding plan for the Public Works Yard Improvements
is set at $350,000 from the Street Revitalization Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood,
Minnesota
1. The mayor and city manager are authorized and directed to enter into a
contract with Bituminous Roadways, Inc., in the name of the City of
Maplewood for the Public Works Yard Improvements, City Project 26-09,
according to the plans and specifications approved by the city council and
on file in the office of the city engineer.
2. The finance director is hereby authorized to make the financial transfers
necessary to implement the funding plan for the project noted above and to
further prepare a budget adjustment based on final construction costs after
project completion.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 8:01 p.m.
Andrea Sindt, City Clerk
July 27, 2026
City Council Meeting Minutes
33