HomeMy WebLinkAbout2018-02-26 City Council Meeting PacketAGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, February 26, 2018
City Hall, Council Chambers
Meeting No. 04-18
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Mayor's Address on Protocol:
"Welcome to the meeting of the Maplewood City Council. It is our desire to keep all
discussions civil as we work through difficult issues tonight. If you are here for a
Public Hearing or to address the City Council, please familiarize yourself with the
Policies and Procedures and Rules of Civility, which are located near the entrance.
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."
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. Approval of the February 12, 2018 City Council Workshop Minutes
2. Approval of the February 12, 2018 City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
2. Council Presentations
3. Presentation by Ramsey County Sheriff Serier
4. Presentation of 2017 Heritage Preservation Commission Annual Report
5. Approval of Resolutions of Appreciation for Eagle Scouts Ben Boulay and Brandon Ong
G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember requests
additional information or wants to make a comment regarding an item, the vote should be
held until the questions or comments are made then the single vote should be taken. If a
councilmember objects to an item it should be removed and acted upon as a separate item.
1. Approval of Claims
2. Approval of Resolution Authorizing Issuance, Sale, and Delivery of Obligations to
Finance the Maple Pond Apartments Project
3. Approval of the April 21, 2018 Spring Clean Up Event
4. Approval of Maplewood Living Contract
5. Approval Authorizing Purchase of Bituminous Materials for 2018
H. PUBLIC HEARINGS
1. Comcast Cable Franchise Renewal Public Comment
UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Consider Approval of an On -Sale Intoxicating Liquor and Sunday Sales License for TK
Inspiration, Inc d/b/a Bleechers Bar and Grill, 2220 White Bear Avenue N
2. Consider Approval of a Wetland Buffer Waiver for a Spent Lime Treatment Structure at
Joy Park Neighborhood Preserve
3. Consider Approval for Improvements at Edgerton Community Garden
4. Consider Approval of Wakefield Park Improvements, 1725 Prosperity Road North
a. Conditional Use Permit Resolution
b. Approval of Plans and Advertising for Bids Resolution
K. AWARD OF BIDS
None
L. ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at
651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the
City Clerk for availability.
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council
Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's
opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing
at Council meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by your
colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst
each other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff
or others in public.
Be respectful of each other's time keeping remarks brief, to the point and non -repetitive.
MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:45 P.M. Monday, February 12, 2018
Council Chambers, City Hall
A. CALL TO ORDER
E1
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 5:45 p.m. by Mayor Slawik.
B. ROLL CALL
C
E
F
Nora Slawik, Mayor
Marylee Abrams, Councilmember
Kathleen Juenemann, Councilmember
Bryan Smith, Councilmember
Tou Xiong, Councilmember
APPROVAL OF AGENDA
Present
Present
Present
Present
Present — Arrived at 6:00 p.m.
Councilmember Abrams moved to approve the agenda as submitted.
Seconded by Councilmember Juenemann Ayes — Mayor Slawik, Council
Members Abrams,
Juenemann, and Smith
The motion passed.
UNFINISHED BUSINESS
None
NEW BUSINESS
1. YMCA/MCC Operations Report
City Manager Coleman introduced the staff report. Kristin Reither, Branch Director of
White Bear Area YMCA and Maplewood Community Center gave the operations report
on the YMCA/MCC.
2. Discussion Regarding City Property Located at 2494 Harvester
City Manager Coleman introduced the staff report. Environment & Economic
Development Director Konewko gave the staff report and answered questions of the
council. Environmental and City Code Specialist Swanson answered additional
questions of the council.
ADJOURNMENT
Mayor Slawik adjourned the meeting at 6:49 p.m.
February 12, 2018
City Council Workshop Minutes
Packet Page Number 1 of 153
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, February 12, 2018
City Hall, Council Chambers
Meeting No. 03-18
A. CALL TO ORDER
E2
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:03 p.m. by Mayor Slawik.
Mayor Slawik highlighted the City of Maplewood's publication, Maplewood Living.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Nora Slawik, Mayor Present
Marylee Abrams, Councilmember Present
Kathleen Juenemann, Councilmember Present
Bryan Smith, Councilmember Present
Tou Xiong, Councilmember Present
D. APPROVAL OF AGENDA
The following item was added to the agenda under Appointments and Presentations,
Council Presentations:
Reg rets
Councilmember Xiong moved to approve the agenda as amended.
Seconded by Councilmember Smith Ayes — All
The motion passed.
E. APPROVAL OF MINUTES
1. Approval of the January 25, 2018 Special City Council Meeting Minutes
Councilmember Abrams moved to approve the January 25, 2018 Special City Council
Meeting Minutes as submitted.
Seconded by Councilmember Smith
The motion passed.
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Ayes — Mayor Slawik, Council
Members Abrams, Smith
and Xiong
Abstain — Councilmember
Juenemann
February 12, 2018
City Council Meeting Minutes
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F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave the update to the council calendar and discussed with
council other items to be added to future agendas.
City Manager Coleman then gave an update on the Ramsey -Washington County
Cable Commission lawsuit.
2. Council Presentations
Regrets
Councilmember Juenemann gave regrets for missing the State of the City Meeting that
was held on January 11, 2018; and the discussion on the Fire Department issue at the
January 25, 2018 City Council Meeting due to health/surgery.
3. Presentation of the 2017 Environmental and Economic Development
Department Annual Report
City Manager Coleman introduced the staff report. Economic Development Coordinator
Martin gave an overview of the report. Bill Kempe, Community Design Review Board
Chair; Paul Arbuckle, Planning Commission Chair; Ryan Reis, Environmental & Natural
Resource Commission Chair; and Mark Jenkins, Housing & Economic Development
Chair addressed the council to give the report on the perspective commissions/boards.
CONSENT AGENDA
The following items were highlighted — G2, G7 and G9.
Councilmember Abrams moved to approve agenda items G1 -G9.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
1. Approval of Claims
Councilmember Abrams moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 199,714.44 Checks #101035 thru #101073
dated 01/23/18
$ 194,370.21 Disbursements via debits to checking account
dated 01/16/18 thru 01/19/18
$ 391,360.95 Checks #101074 thru # 101098
dated 01/30/18
February 12, 2018 2
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$ 233,867.83 Disbursements via debits to checking account
dated 01/22/18 thru 01/26/18
$ 405,607.75 Checks # 101099 thru # 101141
dated 01/25/18 thru 02/06/18
$ 693,541.32 Disbursements via debits to checking account
dated 01/29/18 thru 02/02/18
$ 2,118,462.50 Total Accounts Payable
PAYROLL
$ 709,561.89 Payroll Checks and Direct Deposits dated 01/26/18
$ 2,764.57 Payroll Deduction check # 99103064 thru # 99103068 dated 01/26/18
$ 712,326.46 Total Payroll
$ 2,830,788.96 GRAND TOTAL
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
2. Approval of Agreement for Use of Harvest Park for the 2018 Susan G. Komen
3 -Day Event
Councilmember Abrams moved to approve the Use Agreement of Harvest Park for the
2018 Susan G. Komen 3-Dav Event.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
3. Approval of 2018 Master Group Contract with Medica Insurance Company
Councilmember Abrams moved to approve the master group contract with Medica
Insurance Company for 2018.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
4. Approval of Government Relations Agreements with Jacobson, Magnuson,
Anderson & Halloran, P.C.
Councilmember Abrams moved to approve the Government Relations Agreement
between the City of Maplewood and Jacobson, Magnuson, Anderson & Halloran, P.C.;
January 30, 2018 to February 19, 2018 and Government Relations Agreement between
the City of Maplewood and Jacobson, Magnuson, Anderson & Halloran, P.C.; February
February 12, 2018
City Council Meeting Minutes
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Cl
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20, 2018 to May 22, 2018.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
5. Approval of Agreement with Ideal Energies to Reinstall the Solar Array at the
MCC
Councilmember Abrams moved to approve staff create an agreement between the City
of Maplewood and Ideal Energies in the amount of $7,500.00 to reinstall the solar array
at the MCC and direct the city attorney to review the agreement prior to the city manager
and mayor signing the agreement.
Seconded by Councilmember Juenemann Ayes — All
The motion passed.
6. Approval of Bill of Sale, Termination, and Release Agreement Between the
City of Maplewood and EA Solar
Councilmember Abrams moved to approve the Bill of Sale, Termination, and Release
Agreement between the City of Maplewood and EA Solar.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
7. Approval of a Conditional Use Permit Review, Health Partners' Residential
Treatment Center, 2715 Upper Afton Road
Councilmember Abrams moved to approve the Conditional Use Permit Review for
Health Partners' Residential Treatment Center, 2715 Upper Afton Road and the project
be reviewed again in one year.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
8. Approval of the 2017 Environmental and Economic Development Department
Annual Report
Councilmember Abrams moved to approve the Environmental & Economic Development
Department's 2017 annual report.
Seconded by Councilmember Juenemann Ayes — All
The motion passed
9. Approval of Severance Package for Part -Time Fire/EMS Employees
Councilmember Abrams moved to approve the Severance Package for Part -Time
February 12, 2018 4
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Fire/EMS Employees.
Seconded by Councilmember Juenemann
The motion passed
G. PUBLIC HEARINGS
None
H. UNFINISHED BUSINESS
None
NEW BUSINESS
Ayes — All
Consider Approval of Penalties for Alcohol Compliance Failures
City Manager Coleman introduced the staff report. City Clerk Sindt gave the details of
the staff report. The following approached the council to give additional information on
the alcohol compliance failure at their establishment:
Daniel Lee, Maplewood Wine Cellar
Ron Polzin, Cub Foods
Kelly O'Neil, Osaka
Kate Claiborne, Chipotle
Shelly Brown, SA
Brenda Gengler, Gulden's
Councilmember Juenemann moved to approve the proposed penalties as proposed by
staff.
Chipotle Mexican Grill/Colorado LLC
Chipotle Mexican Grill/Colorado LLC
Crooked Pint Ale House
Cub Foods/Supervalu Inc
Gulden's Roadhouse
Maplewood Wine Cellar
Osaka Sushi Inc
SA/Northern Tier Retail LLC
Seconded by Councilmember Abrams
The motion passed
$500
$500
$500
$1,000
$500
$500
$1,000
$500
Ayes — All
2. Consider Approval of Resolution Accepting Feasibility Study, Authorizing
Preparation of Plans & Specifications, and Calling for Public Hearing,
Londin-Highpoint Area Street Improvements, City Project 17-19
Public Works Director Love gave the staff report and requested the public hearing date
be changed to March 12, 2018.
February 12, 2018
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Councilmember Juenemann moved to approve the Resolution Accepting the Feasibility
Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public
Hearing for 7:00 p.m. on March 12, 2018 for the Londin-Highpoint Area Pavement
Improvements, City Project 17-19.
Resolution 18-02-1535
Accepting Feasibility Study, Authorizing Preparation of Plans and
Specifications, and Calling for Public Hearing
WHEREAS, pursuant to a resolution of the council adopted August 23, 2017, a
report has been prepared by the City Engineering Division with reference to the
improvement of Londin-Highpoint Area Street Improvements, City Project 17-19, and this
report was received by the council on February 12, 2018, and
WHEREAS, the report provides information regarding whether the proposed
project is necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. The City Council will consider the Londin-Highpoint Area Street
Improvements, City Project 17-19 in accordance with the report and the assessment of
abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of $1,001,409.
2. The City Engineer or his designee is the designated engineer for this
improvement project and is hereby directed to prepare final plans and specifications for
the making of said improvement.
3. The Finance Director is hereby authorized to make the financial transfers
necessary for the preparation of plans and specifications. A proposed budget of
$1,001,409.00 shall be established. The proposed financing plan is as follows:
ESTIMATED PROJECT COST RECOVERY
FUNDING SOURCE
TOTAL
AMOUNT
% OF TOTAL
PROJECT
GAS FRANCHISE FEE FUND
$416,171
42%
SPECIAL BENEFIT ASSESSMENT
$468,859
47%
ENVIRONMENTAL UTILITY FUND
$28,882
3%
SANITARY SEWER FUND
$59,6341
6%
ST. PAUL W.A.C. FUND
$27,863
3%
TOTAL PROJECT FUNDING
$1,001,4091
100%
4. A public hearing shall be held on such proposed improvement on the 12th
day of March, 2018 in the council chambers of city hall at 7:00 p.m., and the clerk shall
give mailed and published notice of such hearing and improvement as required by law.
Seconded by Councilmember Xiong Ayes — All
The motion passed
3. Consider Approval of a Resolution Ordering Preparation of Feasibility Study,
February 12, 2018 6
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Gladstone Phase 3 Corridor Improvements, City Project 16-18
City Manager Coleman introduced the staff report. Public Works Director Love gave the
details of the staff report.
Councilmember Juenemann moved to approve the Resolution Ordering Preparation of a
Feasibility Study for the Gladstone Phase 3 Corridor Improvements, City Project 16-18
and to utilize the services of Kimley-Horn and Associates, Inc. to complete the feasibility
study.
Resolution 18-02-1536
Ordering Preparation of a Feasibility Study
WHEREAS, it is proposed to make improvements to the Gladstone Phase 3
Corridor, which is depicted on the attached project location map, and is hereby called
Gladstone Phase 3 Corridor Improvements, City Project 16-18 and to assess the
benefited property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
That the proposed improvement be referred to the City Engineer for study and
that he is instructed to report to the City Council with all convenient speed advising the
council in a preliminary way as to whether the proposed improvement is necessary, cost
effective and feasible, and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the improvement as
recommended.
FURTHERMORE, funds in the amount of $100,000 are appropriated to prepare
this feasibility report.
Seconded by Councilmember Smith Ayes — All
The motion passed
J. AWARD OF BIDS
None
K. ADJOURNMENT
Mayor Slawik adjourned the meeting at 8:26 p.m.
February 12, 2018
City Council Meeting Minutes
Packet Page Number 8 of 153
7
MEMORANDUM
TO: City Council
FROM: Melinda Coleman, City Manager
DATE: February 26, 2018
SUBJECT: Council Calendar Update
Introduction/Background
This item is informational and intended to provide the Council an indication on the current
planning for upcoming agenda items and the Work Session schedule. These are not official
announcements of the meetings, but a snapshot look at the upcoming meetings for the City
Council to plan their calendars. No action is required.
Upcoming Agenda Items & Work Session Schedule
1. March 12th
a. Workshop: Review Rice/Larpenteur Gateway Plan, St. Paul Chamber of
Commerce Update
2. March 26th
a. Workshop: Finance Department Presentation
3. April 91h
a. Workshop: Review Light It Up Maplewood Celebration Activities
4. April 171h
a. Council Staff Retreat: Confirm Time and Content
Council Comments
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
1. Rental Licensing Survey (EEDD/Police Coordination) — in progress
Recommendation
No action required.
A ��.... i...........a.
None.
Fla
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F3
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator
DATE: February 20, 2018
SUBJECT: Presentation by Ramsey County Sheriff Serier
Introduction & Background
Ramsey County Sheriff Jack Serier will be presenting an update to the Maplewood City Council.
Budget Impact
None.
Recommendation
No action required.
Attachments
None.
Packet Page Number 10 of 153
F4
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Heritage Preservation Commission
Ginny Gaynor, Natural Resources Coordinator/HPC Staff Liaison
DATE: February 26, 2018
SUBJECT: Presentation of 2017 Heritage Preservation Commission Annual Report
I ntroduction/Background
The Heritage Preservation Commission (HPC) approved their annual report on January 11,
2018 (Attachment 1). Peter Boulay, HPC Chair, will present the 2017 HPC Annual Report at the
February 26, 2018, City Council meeting.
Budget Impact
None.
Recommendation
Approve the 2017 Heritage Preservation Commission Annual Report.
Attachments
1. 2017 HPC Annual Report
Packet Page Number 11 of 153
00MMI S IS ION
2017 ANNUAL REPORT
Purpose
The Heritage Preservation Commission (HPC) is charged with preserving significant historic resources in Maple-
wood. It pursues this by recommending to City Council sites to designate as historic landmarks and by providing
design review for designated sites.
2017 Highlights
The City celebrated it's 60th Anniversary in February with a 1950's theme.
Gladstone Savanna was designated
a Maplewood Heritage Landmark.
Packet Page Number 12 of 153
7
�s
7, ua
f I
The 2016 Maplewood Heritage Award
was presented to these residents:
F4, Attachment 1
The Heritage Preservation Commission
consists of seven members appointed by the
k City Council. Current commissioners are: I
Tou Xiong- City Council Liason
Ginny Gaynor- Staff Liason
Maple aplewood
Peter Boulay - Chair
Member Since 10/09/06; Term Expires 4/30/18
Richard Currie - Vice Chair
Member Since 07/26/04; Term Expires 4/30/19
-r
Leon Axtman - Member
..
Member Since 09/11/17; Term Expires 04/30/20
Bob Cardinal - Member
f
V .
Member Since 01/25/16; Term Expires 4/30/18
Margaret Fett - Member
Member Since 11/27/17; Term Expires 4/30/19
John Gaspar - Member
Member Since 01/14/13; Term Expires 4/30/20
•
-• - •- - - •
Frank Gilbertson - Member
• -
• - • • - • - - • : • •
Member Since 09/09/13; Term Expires 4/30/19
Tou Xiong- City Council Liason
Ginny Gaynor- Staff Liason
Maple aplewood
Reviews
Accomplishments
1. Maintained MN Certified Local Government (CLG) status by performing the responsibilities listed
in the MN CLG Procedures Manual and those specifically delegated to it under the Act by the
Minnesota State Historic Preservation Office.
2. Gladstone Savanna, the site of the former Gladstone Shops of the St. Paul and Duluth Railroad,
was designated a Maplewood Heritage Landmark.
3. Planned and hosted Maplewood's 60th Anniversary Celebration, in partnership with Maplewood
Area Historical Society (MAHS).
4. Completed the 60 Stories of Maplewood History Project, in partnership with MAHS. This culmi-
nated in the printing of a bound copy of the book by MAHS.
5. Honored Century Homes owners with certificates.
6. Recommended three citizens receive the 2016 Maplewood Heritage Award: Joe Fox, Al Galbraith,
and Lois Behm.
7. Revised procedures for the Maplewood Heritage Award, including opening nominations to the
public.
8. Provided input and reviewed draft of 2040 Comprehensive Plan Chapter on Historic Resources.
9. Reviewed the following projects:
-Gladstone Savanna Well Interpretive Sitting Area
•Bruentrup Farm Smoke House
-Interpretive Sign for Conifer Ridge
-Text for interpretive signs for Gladstone Savanna
10. Recognized the following buildings that were demolished in 2017:
•2228 Maplewood Drive
•1797 Cope Avenue East (McDonalds)
•3070 White Bear Avenue North (North China Restaurant)
•2694 Maplewood Drive North (cabins)
•3M Center, Hudson Road (parking ramp at 3M building 229)
•1706 White Bear Avenue North (Boca Chica)
•799 Meyer Street North (house demo due to fire damage)
•2580 Larpenteur Avenue East (house and garage)
11. Commissioner Cardinal and staff member Gaynor attended Preserve Minnesota, the annual Min-
nesota state preservation conference.
12. Reviewed training materials prepared by a group of Minnesota cities to help HPC members un-
derstand their role and how to ensure preservation of historic resources.
1
2
3
4
5
6
7
8
0
ommission Goals
Complete work on 2040 Comprehensive Plan Chapter on Historic Resources.
Make recommendation for the 2017 Maplewood Heritage Award.
Submit grant and begin additional survey work on historic sites and structures.
Review designs for interpretive signs at Gladstone Savanna.
Participate in history component of city's celebration of Gladstone Savanna.
Complete text and review sign for Lookout Park.
Prepare application and designate one historic site.
Work with Communications Department to create history videos:
a. Gladstone Shops
b. Poor Farm Cemetery
c. Changes on a site through aerial maps
d. Gladstone Walking Tour
Research and document Wakefield Park history.
Packet Page Number 15 of 153
F5
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: DuWayne Konewko, EEDD/ Parks & Recreation Director
Ann Hutchinson, Lead Naturalist
DATE: February 26, 2018
SUBJECT: Approval of Resolutions of Appreciation for Eagle Scouts Ben Boulay and
Brandon Ong
Introduction/Backaround
The Eagle Scout Service Project is an opportunity for a Boy Scout to demonstrate leadership of
others while performing a project for the benefit of his community. This is the culmination of the
Scout's leadership training, and it requires a significant effort on his part.
In 2017, two Eagle Scouts did service projects for the City of Maplewood, mentored by
Maplewood Nature Center staff. Ben Boulay constructed and installed wildlife boxes in natural
areas at City Hall campus. Brandon Ong installed boot brush stations at Applewood Preserve to
help stop the spread of invasive plants. Resolutions of Appreciation recognizing their service are
attached (Attachments 1 and 2).
Recommendation
Approve the attached resolutions appreciating Eagle Scouts Ben Boulay and Brandon Ong.
Attachments
1. Resolution of Appreciation for Ben Boulay
2. Resolution of Appreciation for Brandon Ong
Packet Page Number 16 of 153
F5, Attachment 1
RESOLUTION OF APPRECIATION FOR BEN BOULAY
WHEREAS, Ben Boulay, Northern Star Council, Boy Scout Troop 9461, was
instrumental in researching, planning, construction and installation of 4 unique wildlife
houses in appropriate areas and habitat around the pond and trail at City Hall campus to
complete his Eagle Scout Service Project; and
WHEREAS, Ben Boulay's project has provided potential nesting and roosting sites for
saw whet owls, bluebirds, wood ducks and bats, helping increase wildlife populations and
diversity of species; and
WHEREAS, Ben Boulay has freely given his wisdom, time, energy, and leadership for
the benefit of the City of Maplewood.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens that Ben Boulay is awarded this resolution of
appreciation for his service to the city.
Passed by the Maplewood City Council on February 26, 2018.
Nora Slawik, Mayor
Attest:
Andrea Sindt, City Clerk
Packet Page Number 17 of 153
F5, Attachment 2
RESOLUTION OF APPRECIATION FOR BRANDON ONG
WHEREAS, Brandon Ong, Northern Star Council, Boy Scout Troop 9513,
coordinated the installation of three boot brush stations at Applewood Preserve, to fulfill his
Eagle Scout Service Project; and
WHEREAS, Brandon Ong's leadership and hard work will help prevent the spread of
invasive plants; and
WHEREAS, Brandon Ong's boot brush stations will protect public health by helping
prevent contact with wild parsnip; and
WHEREAS, Brandon Ong's project will protect plant and wildlife diversity from
invasive plant infestation; and
WHEREAS, Brandon Ong has freely given his wisdom, time, energy, and leadership
for the benefit of the City of Maplewood.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens that Brandon Ong is awarded this resolution of
appreciation for his service to the city.
Passed by the Maplewood City Council on February 26, 2018.
Nora Slawik, Mayor
Attest:
Andrea Sindt, City Clerk
Packet Page Number 18 of 153
G1
MEMORANDUM
TO:
Melinda Coleman, City Manager
FROM:
Ellen Paulseth, Finance Director
DATE:
February 20, 2018
SUBJECT:
Approval of Claims
Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and
authorized payment in accordance with City Council approved policies.
ACCOUNTS PAYABLE:
$ 193,852.42 Checks # 101142 thru #101188
dated 02/13/18
$ 5,781,082.17 Disbursements via debits to checking account
dated 01/30/18 thru 02/09/18
$ 75,591.67 Checks #101189 thru #101215
dated 02/20/18
$ 572,519.56 Disbursements via debits to checking account
dated 02/12/18 thru 02/16/18
$ 6,623,045.82 Total Accounts Payable
PAYROLL
$ 542,634.26 Payroll Checks and Direct Deposits dated 02/09/18
$ 2,101.26 Payroll Deduction check # 99103096 thru # 99103099
dated 02/09/18
$ 544,735.52 Total Payroll
$ 7,167,781.34 GRAND TOTAL
Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions
on the attached listing. This will allow me to check the supporting documentation on file if necessary.
Attachments
Packet Page Number 19 of 153
Check Register
City of Maplewood
02/08/2018
Check
Date
Vendor
101142
02/13/2018
05028
ENERGY ALTERNATIVES SOLAR, LLC
101143
02/13/2018
02728
KIMLEY-HORN & ASSOCIATES INC
02/13/2018
02728
KIMLEY-HORN & ASSOCIATES INC
101144
02/13/2018
00393
MN DEPT OF LABOR & INDUSTRY
101145
02/13/2018
05311
WILLIE MCCRAY
101146
02/13/2018
04316
CITY OF MINNEAPOLIS RECEIVABLES
101147
02/13/2018
01202
NYSTROM PUBLISHING CO INC
101148
02/13/2018
02274
SPRINT
101149
02/13/2018
04845
TENNIS SANITATION LLC
101150
02/13/2018
03334
UNIQUE PAVING MATERIALS CORP
101151
02/13/2018
05013
YALE MECHANICAL LLC
101152
02/13/2018
05761
YMCA
02/13/2018
05761
YMCA
02/13/2018
05761
YMCA
02/13/2018
05761
YMCA
101153
02/13/2018
00043
ADAM'S PEST CONTROL INC
02/13/2018
00043
ADAM'S PEST CONTROL INC
02/13/2018
00043
ADAM'S PEST CONTROL INC
101154
02/13/2018
05896
AMERICAN LIBERTY CONSTRUCTION
101155
02/13/2018
05559
APPRIZE TECHNOLOGY SOLUTIONS
101156
02/13/2018
04848
AVESIS
101157
02/13/2018
05187
WHITE BEAR AREA CHAMBER OF COMME
101158
02/13/2018
00036
CHARITABLE GAMBLING
101159
02/13/2018
00036
CHARITABLE GAMBLING
101160
02/13/2018
00036
CHARITABLE GAMBLING
101161
02/13/2018
00036
CHARITABLE GAMBLING
101162
02/13/2018
05369
CINTAS CORPORATION #470
101163
02/13/2018
03731
DAMA METAL PRODUCTS INC.
101164
02/13/2018
05843
DVS RENEWAL
02/13/2018
05843
DVS RENEWAL
101165
02/13/2018
04337
GARY CARLSON EQUIPMENT
101166
02/13/2018
01816
IAFC MEMBERSHIP
101167
02/13/2018
05898
JACOBSON, MAGNUSON,
101168
02/13/2018
05897
LAKE AREA ROOFING & CONST
101169
02/13/2018
01083
MDR A
101170
02/13/2018
03838
MN FIAM BOOK SALES
101171
02/13/2018
01044
MN FIRE SERVICE CERT BD
101172
02/13/2018
04807
NUSS TRUCK & EQUIPMENT
02/13/2018
04807
NUSS TRUCK & EQUIPMENT
101173
02/13/2018
00001
ONE TIME VENDOR
101174
02/13/2018
00001
ONE TIME VENDOR
101175
02/13/2018
05121
OTTO ENVIRONMENTAL SYS NA INC
101176
02/13/2018
05888
RAPP STRATEGIES, INC.
101177
02/13/2018
04130
SCHINDLER ELEVATOR CORP
101178
02/13/2018
02653
SIMPLEX GRINNELL LP
101179
02/13/2018
01510
ST PAUL PIONEER PRESS
101180
02/13/2018
00198
ST PAUL REGIONAL WATER SRVS
101181
02/13/2018
01836
ST PAUL, CITY OF
101182
02/13/2018
03488
STABNER ELECTRIC
101183
02/13/2018
05800
STRENGTHSWISE LLC
02/13/2018
05800
STRENGTHSWISE LLC
101184
02/13/2018
04207
STRYKER SALES CORP.
101185
02/13/2018
01550
SUMMIT INSPECTIONS
101186
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
Packet Page Number 20 of 153
G1. Attachments
Description
SOLAR SYS OPERATION & MAINT - FEB
PROJ 18-01 FERNDALE-IVY RGNL FLD STD
2040 COMPREHENSIVE PLAN UPDATE
MONTHLY SURTAX - JAN 1230352018
BASKETBALL REFEREES 02/03 & 02/04
AUTO PAWN SYSTEM - DECEMBER
PARKS & REC BROCHURE FEB -APRIL
PHONE TRACKING SRVS CN 17033085
RECYCLING FEE - JAN/CITY WIDE RECY
WINTER PATCHING MATERIAL
PD HOLDING CELLS VALVE REPLACE
EMPLOYEE MEMBERSHIPS - JANUARY
EMPLOYEE MEMBERSHIPS - DECEMBER
SRVS FOR STAFF TRAINING SESSION
REFRESHMENTS COMP PLAN O HOUSE
QUARTERLY SERVICE - PUBLIC WORKS
QUARTERLY SERVICE - CITY HALL
QUARTERLY SRVS - PARK/REC GARAGE
PROJ 17-01 MUNICIPAL BLDG IMP PMT#1
ONLINE BENEFITS ADMIN FEE- JAN
MONTHLY PREMIUM - FEBRUARY
TABLE FOR LEARNING LUNCHEON
CHARITABLE GAMBLING -N LIGHTS CHOIR
CHARITABLE GAMBLING -N HIGH ROBOTICS
CHARITABLE GAMBLING MW MONARCHS
CHARITABLE GAMBLING -AQUATIC RES
CLEANING SUPPLIES-CH/PD/PW/PM
KEYS FOR LOCK BOX POLICE
LICENSE RENEWAL POLICE #015UTU
LICENSE RENEWAL POLICE #553KUK
SCARIFIER -CONCRETE GRINDER
MEMBERSHIP DUES 3/1/2018 - 2/28/2019
CONSULTANT FEES -GOVT RELATIONS
ROOF REPAIR INTERIOR & EXTERIOR
DUES FOR DEPUTY #149 MAPLEWOOD
OFFICER TRAINING BOOKS
INSTRUCTOR 1 CERTIFICATION EXAMS
REMAN DIFFERENTAL FOR TRUCK#544
CORE RETURN TRUCK#544
CARMAX-MNLARS SYS -NO TABS ISSUED
REFUND TACHENY EXT BLDG PERMIT
MAPLEWOOD TRASH CARTS
PR CONSULTANT FEES - JANUARY
QUARTERLY MAINT - 1902 PW 02/01-04/30
FIRE ALARM/SPRINKLER TEST - 1902
NEWSPAPER SUBSCRIPTION 52WEEKS
WATER UTILITY
RADIO MAINT & SRVS - DECEMBER
REFUND PERMIT 2259 MINNEHAHA AVE
EMPLOYEE TRAINING WORKSHOP
WORKSHOP CODES & BOOKS
COT REPAIRS
ELECTRICAL INSPECTIONS - JANUARY
CONTRACT 7950665-004
CONTRACT 7950665-011
Amount
397.00
20,309.57
3,193.22
1,105.53
1,045.00
604.80
11,266.08
120.00
43,610.20
197.10
7,825.00
1,497.00
1,337.00
193.28
193.27
168.54
90.10
54.06
17,158.77
310.00
324.01
280.00
1,050.00
1,040.00
790.00
740.00
94.97
163.00
11.00
11.00
5,052.11
234.00
20,000.00
4,200.00
545.00
801.00
460.00
3,099.42
-747.50
260.00
117.00
24,470.30
3,500.00
746.97
981.00
263.00
1,413.69
60.00
121.00
6,000.00
680.00
184.27
1,837.60
468.83
378.48
G1. Attachments
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-005
318.91
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-002
293.74
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-013
284.91
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-003
238.16
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-001
187.37
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-012
110.83
02/13/2018
05528
TOSHIBA FINANCIAL SERVICES (2)
CONTRACT 7950665-010
93.17
101187 02/13/2018
05842
MIKE TURNBULL
FIRE MARSHAL SERVICES 11/29 - 12/27
900.00
101188 02/13/2018
05578
Z PUPPETS ROSENSCHNOZ
ARTIST COMPENSATION (GRANT)
1,119.66
193.852.42
47 Checks
in this report.
Packet Page Number 21 of 153
Settlement
Date Payee
1/30/2018
1/31/2018
2/2/2018
2/5/2018
2/6/2018
2/6/2018
2/7/2018
2/8/2018
2/9/2018
2/9/2018
2/9/2018
2/9/2018
2/9/2018
2/9/2018
2/9/2018
2/9/2018
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
US Bank
US Bank
MN Dept of Natural Resources
MN State Treasurer
MN State Treasurer
Delta Dental
MN State Treasurer
MN State Treasurer
MN State Treasurer
MN Dept of Natural Resources
US Bank VISA One Card*
Optum Health
ICMA (Vantagepointe)
Empower - State Plan
MidAmerica - ING
Labor Unions
Description
Debt Service payments
Debt Service payments
DNR electronic licenses
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Dental Premium
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
DNR electronic licenses
Purchasing card items
DCRP & Flex plan payments
Deferred Compensation
Deferred Compensation
HRA Flex plan
Union Dues
*Detailed listing of VISA purchases is attached.
Packet Page Number 22 of 153
G1. Attachments
Amount
5,187,157.94
150,000.00
1,537.50
29,200.50
59,014.75
1,693.35
83,197.47
66,880.39
85,169.07
1,201.50
53,853.34
4,482.77
4,966.00
31,644.28
18,731.27
2,352.04
5,781,082.17
G1. Attachments
Transaction Date
Posting Date
Merchant Name
Transaction Amount
Name
01/24/2018
01/25/2018
CUB FOODS#1599
$3.49
JOSH UA ABRAHAM
01/25/2018
01/26/2018
PAKOR, INC.
$553.73
REGAN BEGGS
01/19/2018
01/22/2018
SAMEPAGE
$77.33
CHAD BERGO
01/21/2018
01/22/2018
AVANGATE*SORCIM TECHNO 67
$39.97
CHAD BERGO
01/23/2018
01/25/2018
LYNDA.COM, INC.
$34.99
CHAD BERGO
01/26/2018
01/29/2018
DOMAINAGENTS.COM
$19.95
CHAD BERGO
01/30/2018
02/01/2018
OFFICEMAX/DEPOT 6164
$8.54
BRIAN BIERDEMAN
01/30/2018
02/01/2018
ECOLLARTECH
$14.00
BRIAN BIERDEMAN
01/22/2018
01/23/2018
PETCO 1652 63516520
$16.04
OAKLEY BIESANZ
01/31/2018
02/02/2018
SUPERAMERICA 4848
$29.41
OAKLEY BIESANZ
02/01/2018
02/02/2018
PETSMART # 0461
$7.82
OAKLEY BIESANZ
01/25/2018
01/26/2018
MN RECREATION AND PARKA
$840.00
NEIL BRENEMAN
02/01/2018
02/02/2018
BCS*ISD 622 COMMUNITY ED
$1,290.50
NEIL BRENEMAN
01/24/2018
01/26/2018
THE HOME DEPOT 2801
$557.67
TROY BRINK
01/27/2018
01/29/2018
CUB FOODS #1599
$5.36
DANIEL BUSACK
01/27/2018
01/29/2018
NAPA STORE 3279016
$7.99
JOHN CAPISTRANT
01/24/2018
01/25/2018
STATE SUPPLY CO
$510.25
SCOTT CHRISTENSON
01/30/2018
01/31/2018
VIKING ELECTRIC -CREDIT DE
($44.85)
SCOTT CHRISTENSON
01/30/2018
01/31/2018
VIKING ELECTRIC -CREDIT DE
($154.52)
SCOTT CHRISTENSON
01/30/2018
01/31/2018
VIKING ELECTRIC -CREDIT DE
$38.80
SCOTT CHRISTENSON
01/30/2018
01/31/2018
VIKING ELECTRIC -CREDIT DE
$151.18
SCOTT CHRISTENSON
01/30/2018
01/31/2018
VIKING ELECTRIC -CREDIT DE
$9.39
SCOTT CHRISTENSON
01/31/2018
02/01/2018
COMMERCIAL FURNITURE SERV
$95.00
SCOTT CHRISTENSON
02/01/2018
02/02/2018
NARDINI FIRE EQUIPMENT
$569.00
SCOTT CHRISTENSON
01/26/2018
01/29/2018
U OF M CONTLEARNING
$225.00
LUANNE CORTESI
01/18/2018
01/22/2018
MINNESOTA CHIEFS OF POLIC
$410.00
KERRY CROTTY
01/18/2018
01/22/2018
MINNESOTA CHIEFS OF POLIC
$143.00
KERRY CROTTY
01/24/2018
01/25/2018
IN *ENCOMPASS TELEMATICS,
$676.00
KERRY CROTTY
01/24/2018
01/25/2018
CANON SOLUTIONS AMER INC
$907.33
JOHN DUCHARME
01/18/2018
01/22/2018
MILL MPLSPARKING
$7.00
SHANN FINWALL
01/25/2018
01/26/2018
NOODLES & CO WEB 313
$75.51
SHANN FINWALL
01/25/2018
01/29/2018
LEN'S FAMILY FOODS
$6.10
SHANN FINWALL
01/18/2018
01/22/2018
NINO S PIZZERIA
$76.24
CASSIE FISHER
01/22/2018
01/23/2018
G&K SERVICES AR
$94.50
CASSIE FISHER
01/29/2018
01/30/2018
MID -STATES ORGANIZED CRIM
$250.00
CASSIE FISHER
01/29/2018
01/30/2018
PAYPAL *MAC IA
$40.00
CASSIE FISHER
01/29/2018
01/31/2018
IACP
$150.00
CASSIE FISHER
01/20/2018
01/22/2018
IDU*INSIGHT PUBLIC SEC
$797.45
MYCHAL FOWLDS
01/23/2018
01/23/2018
COMCAST CABLE COMM
$140.95
MYCHAL FOWLDS
01/23/2018
01/24/2018
HP DIRECT-PUBLICSECTOR
$1,630.00
MYCHAL FOWLDS
01/23/2018
01/25/2018
US INTERNET CORP
$788.00
MYCHAL FOWLDS
01/28/2018
01/29/2018
NEOPOST USA
$97.71
MYCHAL FOWLDS
01/30/2018
01/31/2018
IN *GHG CORPORATION
$3,240.00
MYCHAL FOWLDS
01/31/2018
02/01/2018
VZWRLSS*MY VZ VB P
$7,861.11
MYCHAL FOWLDS
01/31/2018
02/01/2018
IDU*INSIGHT PUBLIC SEC
$58.76
MYCHAL FOWLDS
02/01/2018
02/02/2018
DRI*VMWARE
$1,132.55
MYCHAL FOWLDS
01/24/2018
01/25/2018
FOUNDATION TECHNOLOGIE
$288.75
NICK FRANZEN
01/27/2018
01/29/2018
IDU*INSIGHT PUBLIC SEC
$31.44
NICK FRANZEN
01/27/2018
01/29/2018
IDU*INSIGHT PUBLIC SEC
$2.32
NICK FRANZEN
01/31/2018
02/02/2018
DATA Q DIRECT
$359.16
NICK FRANZEN
01/23/2018
01/24/2018
BLUE RIBBON BAIT
$147.80
CAROLE GERNES
01/23/2018
01/24/2018
TARGET 00011858
$54.69
CAROLE GERNES
01/23/2018
01/24/2018
PETSMART # 0461
$3.87
CAROLE GERNES
01/22/2018
01/23/2018
AMAZON MKTPLACE PMTS
$211.21
ALEX GERONSIN
02/01/2018
02/01/2018
APL*APPLE ONLINE STORE
$149.00
ALEX GERONSIN
01/29/2018
01/30/2018
FASTENAL COMPANY01
$2.56
MARK HAAG
01/29/2018
01/31/2018
MENARDS MAPLEWOOD MN
$162.53
MARK HAAG
01/30/2018
01/31/2018
FASTENAL COMPANY01
$20.44
MARK HAAG
Packet Page Number 23 of 153
G1. Attachments
01/30/2018
02/01/2018
THE HOME DEPOT #2801
$25.71
MARK HAAG
01/18/2018
01/22/2018
MENARDS OAKDALE MN
$18.48
TAMARA HAYS
01/18/2018
01/22/2018
THE HOME DEPOT #2801
$3.97
TAMARA HAYS
01/18/2018
01/22/2018
VIKING INDUSTRIAL CENTER
$79.20
TAMARA HAYS
01/24/2018
01/25/2018
U OF M CONTLEARNING
$210.00
TAMARA HAYS
01/26/2018
01/29/2018
THE HOME DEPOT #2801
$11.47
TAMARA HAYS
01/19/2018
01/22/2018
GERTEN'S
$85.61
GARY HINNENKAMP
01/19/2018
01/22/2018
KWIK TRIP 86900008698
$51.33
GARY HINNENKAMP
01/30/2018
01/31/2018
HENRIKSEN ACE HDWE
$7.90
GARY HINNENKAMP
01/22/2018
01/23/2018
G&K SERVICES AR
$15.46
ANN HUTCHINSON
01/23/2018
01/24/2018
TARGET 00011858
$19.52
ANN HUTCHINSON
01/23/2018
01/24/2018
CUB FOODS #1599
$48.45
ANN HUTCHINSON
01/23/2018
01/24/2018
CUB FOODS #1599
$6.64
ANN HUTCHINSON
01/30/2018
01/31/2018
KNOWLAN'S MARKET#2
$36.24
ANN HUTCHINSON
01/24/2018
01/25/2018
DALCO ENTERPRISES
$481.99
DAVID JAHN
01/30/2018
02/01/2018
MENARDS MAPLEWOOD MN
$41.97
DAVID JAHN
01/21/2018
01/22/2018
AMAZON MKTPLACE PMTS WWW.
$27.80
MEGHAN JANASZAK
01/18/2018
01/22/2018
OFFICE DEPOT#1090
$150.50
ELIZABETH JOHNSON
01/31/2018
02/02/2018
OFFICE DEPOT#1090
($33.19)
ELIZABETH JOHNSON
01/25/2018
01/29/2018
HONEYBAKED HAM 2527-ECOMM
$127.01
LOIS KNUTSON
01/29/2018
01/30/2018
PEACHJAR
$450.00
GINA KUCHENMEISTER
01/23/2018
01/24/2018
DALCO ENTERPRISES
$330.88
CHING LO
01/25/2018
01/26/2018
PRZCHARGE.PREZI.COM
$228.00
STEVE LOVE
01/25/2018
01/26/2018
EMERGENCY APPARATUS MAINT
$447.76
STEVE LUKIN
01/30/2018
02/01/2018
AIRGASS NORTH
$550.28
STEVE LUKIN
01/30/2018
02/01/2018
AIRGASS NORTH
$118.79
STEVE LUKIN
01/31/2018
02/02/2018
AIRGASS NORTH
$19.08
STEVE LUKIN
02/01/2018
02/02/2018
MINNESOTA STATE FIRE CHIE
$228.00
STEVE LUKIN
01/29/2018
01/30/2018
TARGET 00011858
$8.58
MIKE MARTIN
01/18/2018
01/22/2018
EVEREST EMERGENCY VEHICLE
$402.20
MICHAEL MONDOR
01/18/2018
01/22/2018
EVEREST EMERGENCY VEHICLE
$199.23
MICHAEL MONDOR
01/20/2018
01/22/2018
HEALTH CARE LOGISTICS
$426.99
MICHAEL MONDOR
01/22/2018
01/24/2018
BOUND TREE MEDICAL LLC
$1,000.80
MICHAEL MONDOR
01/23/2018
01/24/2018
CHANNING BETE CO AHA
$28.50
MICHAEL MONDOR
01/23/2018
01/25/2018
BOUND TREE MEDICAL LLC
$39.50
MICHAEL MONDOR
01/24/2018
01/26/2018
BOUND TREE MEDICAL LLC
$77.76
MICHAEL MONDOR
01/24/2018
01/26/2018
BOUND TREE MEDICAL LLC
$708.28
MICHAEL MONDOR
01/25/2018
01/26/2018
CHANNING BETE CO AHA
$57.00
MICHAEL MONDOR
01/26/2018
01/29/2018
BOUND TREE MEDICAL LLC
$24.40
MICHAEL MONDOR
01/19/2018
01/22/2018
FASTENAL COMPANY01
$29.98
JOHN NAUGHTON
01/19/2018
01/22/2018
MILLS FLEET FARM 2700
$29.85
JOHN NAUGHTON
01/21/2018
01/22/2018
AMAZON MKTPLACE PMTS
$16.70
MICHAEL NYE
01/22/2018
01/23/2018
NAPA STORE 3279016
$47.92
ERICK OSWALD
01/18/2018
01/22/2018
WHEELCO BRAKE &SUPPLY
$125.00
STEVEN PRIEM
01/18/2018
01/22/2018
AN FORD WHITE BEAR LAK
$27.43
STEVEN PRIEM
01/18/2018
01/22/2018
AN FORD WHITE BEAR LAK
$70.23
STEVEN PRIEM
01/19/2018
01/22/2018
FACTORY MOTOR PARTS #19
$29.48
STEVEN PRIEM
01/19/2018
01/22/2018
FACTORY MOTOR PARTS #19
$11.02
STEVEN PRIEM
01/19/2018
01/22/2018
AUTO PLUS -LITTLE CANADA
$264.42
STEVEN PRIEM
01/22/2018
01/23/2018
ZARNOTH BRUSH WORKS INC
$390.60
STEVEN PRIEM
01/24/2018
01/25/2018
FACTORY MOTOR PARTS #19
$6.34
STEVEN PRIEM
01/25/2018
01/26/2018
POMP'S TIRE #021
$518.60
STEVEN PRIEM
01/25/2018
01/26/2018
FACTORY MOTOR PARTS #19
$12.02
STEVEN PRIEM
01/25/2018
01/26/2018
FACTORY MOTOR PARTS #19
$7.64
STEVEN PRIEM
01/25/2018
01/26/2018
TRI-STATE BOBCAT
$594.86
STEVEN PRIEM
01/25/2018
01/29/2018
EMERGENCY AUTOMOTIVE
$219.75
STEVEN PRIEM
01/26/2018
01/29/2018
KATH FUEL OFFICE
$820.60
STEVEN PRIEM
01/26/2018
01/29/2018
HENRIKSEN ACE HDWE
$12.52
STEVEN PRIEM
01/27/2018
01/29/2018
FORCE AMERICA DISTRIBUTIN
$564.66
STEVEN PRIEM
Packet Page Number 24 of 153
G1. Attachments
01/29/2018
01/30/2018
FACTORY MOTOR PARTS #19
$9.44
STEVEN PRIEM
01/29/2018
01/30/2018
ZARNOTH BRUSH WORKS INC
$1,095.00
STEVEN PRIEM
01/29/2018
01/30/2018
AUTO PLUS -LITTLE CANADA
$72.90
STEVEN PRIEM
01/30/2018
01/31/2018
TRI-STATE BOBCAT
$37.39
STEVEN PRIEM
01/30/2018
02/01/2018
WHEELCO BRAKE &SUPPLY
$91.30
STEVEN PRIEM
01/30/2018
02/01/2018
FLEETPRIDE 570
$36.43
STEVEN PRIEM
01/30/2018
02/01/2018
FRONTIER -HASTINGS-
$170.00
STEVEN PRIEM
01/31/2018
02/01/2018
SP*AUTOTEX
$183.00
STEVEN PRIEM
01/18/2018
01/22/2018
DEPARTMENT OF LABOR AND 1
$50.00
KELLY PRINS
01/19/2018
01/22/2018
WW GRAINGER
$16.40
KELLY PRINS
01/23/2018
01/24/2018
DALCO ENTERPRISES
$192.42
KELLY PRINS
01/19/2018
01/22/2018
TRI TECH SOFTWARE SYSTEMS
$795.00
MICHAEL RENNER
01/19/2018
01/22/2018
EXPEDIA 7323685515984
$25.00
MICHAEL RENNER
01/19/2018
01/22/2018
EXPEDIA 7323685515984
$2.93
MICHAEL RENNER
01/19/2018
01/22/2018
EXPEDIA 7323686174519
$50.00
MICHAEL RENNER
01/19/2018
01/22/2018
UNITED 0167077698144
$219.00
MICHAEL RENNER
01/19/2018
01/22/2018
DELTAAIR 0067040105305
$133.30
MICHAEL RENNER
01/21/2018
01/22/2018
AMAZON MKTPLACE PMTS
$138.98
MICHAEL RENNER
01/25/2018
01/26/2018
AMAZON MKTPLACE PMTS
$91.07
MICHAEL RENNER
01/25/2018
01/29/2018
BAYCOM
$243.00
MICHAEL RENNER
01/29/2018
01/29/2018
AMAZON.COM AMZN.COM/BILL
$84.70
MICHAEL RENNER
01/29/2018
01/29/2018
AMAZON.COM AMZN.COM/BILL
$90.18
MICHAEL RENNER
01/29/2018
01/29/2018
AMAZON MKTPLACE PMTS
$69.98
MICHAEL RENNER
01/30/2018
01/31/2018
AMAZON MKTPLACE PMTS
$16.12
MICHAEL RENNER
01/31/2018
02/01/2018
IDU*INSIGHT PUBLIC SEC
$3,662.00
MICHAEL RENNER
01/29/2018
01/31/2018
OFFICEMAX/DEPOT 6164
$67.15
JOSEPH RUEB
01/30/2018
01/31/2018
GOVERNMENT FINANCE OFF
$380.00
JOSEPH RUEB
01/31/2018
02/01/2018
AMERICAN PAYROLL ASSOC
$380.00
JOSEPH RUEB
01/31/2018
02/01/2018
QUILL CORPORATION
$78.13
JOSEPH RUEB
01/18/2018
01/22/2018
LILLIE SUBURBAN NEWSPAPER
$77.63
DEB SCHMIDT
01/25/2018
01/26/2018
LILLIE SUBURBAN NEWSPAPER
$77.63
DEB SCHMIDT
01/27/2018
01/29/2018
CINTAS 60A SAP
$112.24
SCOTT SCHULTZ
01/27/2018
01/29/2018
CINTAS 60A SAP
$160.46
SCOTT SCHULTZ
01/29/2018
01/31/2018
ON SITE SANITATION INC
$58.00
SCOTT SCHULTZ
01/30/2018
02/01/2018
SPOK INC
$16.19
SCOTT SCHULTZ
01/18/2018
01/22/2018
GREAT RIVER OFFICE PRODUC
$1,614.00
MICHAEL SHORTREED
01/19/2018
01/22/2018
WALMART.COM 8009666546
$103.00
MICHAEL SHORTREED
01/20/2018
01/22/2018
GALLS
$329.18
MICHAEL SHORTREED
01/24/2018
01/25/2018
STREICHER'S MO
$5.99
MICHAEL SHORTREED
01/31/2018
02/01/2018
ANCOM COMMUNICATIONS INC
$308.00
MICHAEL SHORTREED
01/31/2018
02/01/2018
DON'S PAINT & COLLISION
$1,800.34
MICHAEL SHORTREED
02/02/2018
02/02/2018
GALLS
$77.50
MICHAEL SHORTREED
02/01/2018
02/02/2018
FREDPRYOR CAREERTRACK
$149.00
ANDREA SINDT
01/25/2018
01/26/2018
CVS/PHARMACY#01751
$10.73
RONALD SVENDSEN
01/25/2018
01/26/2018
REPUBLIC SERVICES TRASH
$1,573.63
CHRIS SWANSON
01/29/2018
01/30/2018
ST PAUL WATER UTILITY
$398.30
CHRIS SWANSON
01/28/2018
01/29/2018
CUB FOODS #1599
$13.98
PAUL THIENES
01/19/2018
01/22/2018
PEACHJAR
$100.00
KAREN WACHAL
01/25/2018
01/26/2018
PAYPAL *FRSHWTR SOC
$40.90
KAREN WACHAL
01/29/2018
01/30/2018
DISCOUNT STEEL -MN
$104.71
JEFF WILBER
01/19/2018
01/22/2018
OFFICE DEPOT #1090
$68.84
TAMMY WYLIE
01/20/2018
01/22/2018
STORAGE WEST SOLUTIONS
$58.86
TAMMY WYLIE
01/23/2018
01/23/2018
ULINE *SHIP SUPPLIES
($57.25)
TAMMY WYLIE
01/25/2018
01/26/2018
GLOCK PROFESSIONAL INC
$250.00
TAMMY WYLIE
01/25/2018
01/26/2018
GLOCK PROFESSIONAL INC
$250.00
TAMMY WYLIE
01/25/2018
01/26/2018
GLOCK PROFESSIONAL INC
$250.00
TAMMY WYLIE
01/25/2018
01/26/2018
GLOCK PROFESSIONAL INC
$250.00
TAMMY WYLIE
01/25/2018
01/29/2018
LIFELINE TRAINING - CA
$149.00
TAMMY WYLIE
01/31/2018
02/01/2018
GLOCK PROFESSIONAL INC
$250.00
TAMMY WYLIE
Packet Page Number 25 of 153
01/31/2018
02/01/2018
GLOCK PROFESSIONAL INC
01/31/2018
02/01/2018
GLOCK PROFESSIONAL INC
01/31/2018
02/01/2018
GLOCK PROFESSIONAL INC
01/31/2018
02/01/2018
GLOCK PROFESSIONAL INC
01/31/2018
02/02/2018
LIFELINE TRAINING
01/31/2018
02/02/2018
OFFICE DEPOT #1090
Packet Page Number 26 of 153
G1. Attachments
$250.00
TAMMY WYLIE
$250.00
TAMMY WYLIE
$250.00
TAMMY WYLIE
$250.00
TAMMY WYLIE
$259.00
TAMMY WYLIE
$28.93
TAMMY WYLIE
$53,853.34
02/15/2018
Check
101189
101190
101191
101192
101193
101194
101195
101196
101197
101198
101199
101200
101201
101202
101203
101204
101205
101206
101207
101208
101209
101210
101211
101212
101213
101214
101215
Date
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
02/20/2018
Vendor
05598
05311
04252
04192
01190
05013
05761
05559
05759
04345
05889
05618
04067
05313
02263
05760
05760
05760
05760
05760
05760
05760
05760
05760
00986
05838
05899
00001
00001
00001
01345
01345
01345
01345
01345
05900
05320
01552
01026
Check Register
City of Maplewood
KELLY & LEMMONS, P.A.
WILLIE MCCRAY
TOWMASTER, INC.
TRANS -MEDIC
XCELENERGY
YALE MECHANICAL LLC
YMCA
APPRIZE TECHNOLOGY SOLUTIONS
CENTER FOR ENERGY/ENVIRONMENT
DAHLEN, DWYER FOLEY & TINKER
DEARBORN NATIONAL
ENTERPRISE FM TRUST
ESCAPE FIRE
GRAPHIC DESIGN, INC.
HILLCREST ANIMAL HOSPITAL PA
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
KEEPRS, INC.
METROPOLITAN COUNCIL
MINNESOTA BENEFIT ASSOCIATION
MORPHOTRUST USA
ONE TIME VENDOR
ONE TIME VENDOR
ONE TIME VENDOR
RAMSEY COUNTY
RAMSEY COUNTY
RAMSEY COUNTY
RAMSEY COUNTY
RAMSEY COUNTY
ROD RASSMAN PRODUCTIONS, INC.
SUN BADGE CO
SUNRAM CONSTRUCTION, INC.
DEPT OF TRANSPORTATION
27 Checks in this report.
G1. Attachments
Description
PROSECUTION SERVICES - JANUARY
BASKETBALL REFEREES 02/10 & 02/11
CUTTING EDGES FOR SNOWPLOWS
EMS BILLING - JANUARY
ELECTRIC & GAS UTILITY
BOILER REPAIR - CITY HALL
MCC IMPROV - PROJECT 2C, 11, 2B
ONLINE BENEFITS ADMIN FEE- FEB
MCCIMPROVEMENTS
PROJ 17-19 COUNSULTING REPORT
STD GROUP #F022290 - FEBRUARY
LEASE CHARGES FIRE & PD VEHICLES
FIRE SPRINKLER INSPECTION - MCC
BUSINESS CARD ORDERS
ANIMAL IMPOUNDS & SRVS
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
UNIFORM PURCHASES
MONTHLY SAC - JANUARY
POLICY #1545249740
IBIS UNIT/SOFTWARE PKG SQUAD #951
REFUND R NEUS - TRANS MEDIC
REFUND D YANG - TRANS MEDIC
REFUND L WINTERBAUER - TRANS MEDIC
PROPERTY FILING FEES - EEDD
PROPERTY FILING FEES - EEDD
PROPERTY FILING FEES - EEDD
PROPERTY FILING FEES - EEDD
PROPERTY FILING FEES - EEDD
TRAINING ON ADOBE & CAMERA
PD BADGES AND WALLET
PROJ 15-19 FISH CREEK TRAIL PMT#4
GREENSTEP CITIES SIGNS
Amount
16,250.00
1,430.00
3,610.00
5,910.00
3,844.69
1,039.25
4,739.50
310.00
5,220.00
3,700.00
2,231.50
3,031.74
480.00
97.90
219.00
662.44
343.97
268.28
104.98
95.96
74.99
64.99
39.99
17.98
2,460.15
263.31
2,839.00
794.00
579.00
192.00
276.00
138.00
46.00
46.00
46.00
200.00
307.00
13,358.05
260.00
Packet Page Number 27 of 153
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
Settlement
Date Payee
2/12/2018
MN State Treasurer
2/12/2018
U.S. Treasurer
2/12/2018
P.E.R.A.
2/13/2018
MN State Treasurer
2/13/2018
MN State Treasurer
2/14/2018
MN State Treasurer
2/14/2018
Delta Dental
2/15/2018
MN State Treasurer
2/16/2018
MN State Treasurer
2/16/2018
MN Dept of Natural Resources
2/16/2018
Optum Health
Packet Page Number 28 of 153
Description
Drivers License/Deputy Registrar
Federal Payroll Tax
P.E.R.A.
Drivers License/Deputy Registrar
State Payroll Tax
Drivers License/Deputy Registrar
Dental Premium
Drivers License/Deputy Registrar
Drivers License/Deputy Registrar
DNR electronic licenses
DCRP & Flex plan payments
G1. Attachments
Amount
104,369.38
94,866.33
107,045.79
31,807.41
21,765.00
61,765.74
4,589.88
84,712.19
59,988.68
932.50
676.66
572,519.56
G1. Attachments
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
Exp Reimb,
Severance,
Conversion
CHECK # CHECK DATE EMPLOYEE NAME AMOUNT incl in Amount
02/09/18
ABRAMS, MARYLEE
473.60
02/09/18
JUENEMANN, KATHLEEN
473.60
02/09/18
SLAWIK, NORA
537.68
02/09/18
SMITH, BRYAN
473.60
02/09/18
XIONG, TOU
473.60
02/09/18
COLEMAN, MELINDA
6,411.41
02/09/18
FUNK MICHAEL
5,740.33
02/09/18
KNUTSON, LOIS
2,872.83
02/09/18
CHRISTENSON, SCOTT
2,268.19
02/09/18
JAHN, DAVID
2,426.10
02/09/18
PRINS, KELLY
2,185.59
02/09/18
HERZOG, LINDSAY
2,165.63
02/09/18
RAMEAUX, THERESE
3,552.06
02/09/18
TEGEGNE, HAILE-SELASE
132.00
02/09/18
ANDERSON, CAROLE
1,945.94
02/09/18
DEBILZAN, JUDY
2,442.59
02/09/18
OSWALD, BRENDA
2,398.36
02/09/18
PAULSETH, ELLEN
5,108.56
02/09/18
RUEB, JOSEPH
3,874.18
02/09/18
ARNOLD, AJLA
2,770.19
02/09/18
BEGGS, REGAN
2,101.00
02/09/18
EVANS, CHRISTINE
2,184.99
02/09/18
LARSON, MICHELLE
2,185.00
02/09/18
SCHMIDT, DEBORAH
3,514.05
02/09/18
SINDT, ANDREA
3,373.63
02/09/18
HANSON, MELISSA
1,516.06
02/09/18
KRAMER, PATRICIA
1,614.87
02/09/18
MOY, PAMELA
2,339.54
02/09/18
OSTER, ANDREA
2,234.16
02/09/18
RICHTER, CHARLENE
2,499.29
02/09/18
VITT, SANDRA
2,101.00
02/09/18
WEAVER, KRISTINE
2,992.60
02/09/18
ABEL, CLINT
3,224.58
02/09/18
ALDRIDGE, MARK
3,440.68
02/09/18
BAKKE, LONN
3,488.96
02/09/18
BARTZ, PAUL
4,376.32
02/09/18
BELDE, STANLEY
3,488.96
02/09/18
BENJAMIN, MARKESE
3,218.30
02/09/18
BERGERON, ASHLEY
2,347.06
02/09/18
BIERDEMAN, BRIAN
3,978.70
02/09/18
BURT-MCGREGOR, EMILY
2,092.63
02/09/18
BUSACK, DANIEL
5,047.25
02/09/18
CARNES, JOHN
3,095.79
02/09/18
CORCORAN, THERESA
2,187.29
02/09/18
GROTTY, KERRY
4,466.44
02/09/18
DEMULLING, JOSEPH
4,245.98
02/09/18
DUALEH, AHMED
116.00
02/09/18
DUGAS, MICHAEL
4,130.33
02/09/18
ERICKSON, VIRGINIA
3,782.24
02/09/18
FISHER, CASSANDRA
2,318.59
28.88
Packet Page Number 29 of 153
G1. Attachments
02/09/18
FORSYTHE, MARCUS
3,095.79
02/09/18
FRITZE, DEREK
3,797.38
02/09/18
GABRIEL, ANTHONY
3,473.69
02/09/18
HAWKINSON JR, TIMOTHY
3,247.79
02/09/18
HENDRICKS, JENNIFER
1,843.63
02/09/18
HER, PHENG
3,160.08
02/09/18
HIEBERT, STEVEN
3,313.02
02/09/18
HOEMKE, MICHAEL
3,095.79
02/09/18
JOHNSON, KEVIN
4,517.42
02/09/18
KONG, TOMMY
3,510.71
02/09/18
KREKELER, NICHOLAS
719.10
02/09/18
KROLL, BRETT
3,224.58
02/09/18
KVAM, DAVID
4,874.70
02/09/18
LANDEROS CRUZ, JESSICA
464.00
02/09/18
LANGNER, SCOTT
3,246.60
02/09/18
LANGNER, TODD
3,655.65
02/09/18
LENERTZ, NICHOLAS
2,256.59
02/09/18
LYNCH, KATHERINE
3,352.36
02/09/18
MARINO, JASON
3,224.58
02/09/18
MCCARTY, GLEN
3,224.58
02/09/18
METRY, ALESIA
3,521.73
02/09/18
MICHELETTI, BRIAN
3,323.85
02/09/18
MOE, AEH BEL
348.00
02/09/18
MULVIHILL, MARIA
283.42
02/09/18
MURRAY, RACHEL
2,165.76
02/09/18
NADEAU, SCOTT
5,604.65
02/09/18
NYE, MICHAEL
4,504.42
02/09/18
OLSON, JULIE
3,459.48
02/09/18
PARKER, JAMES
3,723.98
02/09/18
PETERSON, JARED
2,924.86
02/09/18
REZNY, BRADLEY
3,889.66
02/09/18
SHEA, STEPHANIE
1,893.79
02/09/18
SHORTREED, MICHAEL
4,738.82
02/09/18
STARKEY, ROBERT
2,500.35
02/09/18
STEINER, JOSEPH
4,773.10
02/09/18
SYPNIEWSKI, WILLIAM
3,224.58
02/09/18
TAUZELL, BRIAN
3,913.23
02/09/18
THIENES, PAUL
4,130.33
02/09/18
VANG, PAM
2,818.19
02/09/18
WENZEL, JAY
3,283.54
02/09/18
WYLIE, TAMMY
2,080.20
02/09/18
XIONG, KAO
3,224.58
02/09/18
XIONG, TUOYER
464.00
02/09/18
ZAPPA, ANDREW
3,090.36
02/09/18
ANDERSON, BRIAN
167.04
02/09/18
BAHL, DAVID
194.88
02/09/18
BAUMAN, ANDREW
3,062.90
02/09/18
BEITLER, NATHAN
755.16
02/09/18
BOURQUIN, RON
315.52
02/09/18
CAPISTRANT, JOHN
324.80
02/09/18
CONWAY, SHAWN
4,015.19
02/09/18
COREY, ROBERT
160.08
02/09/18
CRAWFORD - JR, RAYMOND
3,170.84
02/09/18
CRUMMY, CHARLES
167.04
02/09/18
DABRUZZI, THOMAS
3,202.06
02/09/18
DAWSON, RICHARD
3,496.59
02/09/18
HAGEN, MICHAEL
713.40
02/09/18
HALE, JOSEPH
458.78
02/09/18
HALWEG, JODI
3,832.33
02/09/18
HAWTHORNE, ROCHELLE
3,481.35
02/09/18
HUTCHINSON, JAMES
284.20
Packet Page Number 30 of 153
G1. Attachments
02/09/18
IMM, TRACY
267.96
02/09/18
JANSEN, CHAD
1,002.24
02/09/18
KANE, ROBERT
812.00
02/09/18
KARRAS, JAMIE
334.08
02/09/18
KERSKA, JOSEPH
1,047.48
02/09/18
KONDER, RONALD
212.28
02/09/18
KUBAT, ERIC
3,132.13
02/09/18
LANDER, CHARLES
3,298.50
02/09/18
LINDER, TIMOTHY
3,624.49
02/09/18
LO, CHING
1,155.15
02/09/18
LOCHEN, MICHAEL
334.08
02/09/18
LUKIN, STEVEN
5,343.65
02/09/18
MERKATORIS, BRETT
334.08
02/09/18
MONDOR, MICHAEL
4,893.47
02/09/18
NEILY, STEVEN
629.88
02/09/18
NIELSEN, KENNETH
389.76
02/09/18
NOVAK, JEROME
3,286.74
02/09/18
NOWICKI, PAUL
438.48
02/09/18
OPHEIM, JOHN
247.66
02/09/18
PACHECO, ALPHONSE
334.08
02/09/18
PETERSON, ROBERT
3,811.09
02/09/18
POWERS, KENNETH
3,703.53
02/09/18
SAUERWEIN, ADAM
668.16
02/09/18
SEDLACEK, JEFFREY
3,168.17
02/09/18
STREFF, MICHAEL
4,527.15
02/09/18
SVENDSEN, RONALD
6,023.29
02/09/18
ZAPPA, ERIC
3,147.56
02/09/18
CORTESI,LUANNE
2,184.60
02/09/18
JANASZAK, MEGHAN
2,462.31
02/09/18
BRINK, TROY
3,519.10
02/09/18
BUCKLEY, BRENT
2,831.07
02/09/18
DOUGLASS, TOM
2,696.71
02/09/18
EDGE, DOUGLAS
3,468.30
02/09/18
JONES, DONALD
3,021.41
02/09/18
MEISSNER, BRENT
3,185.15
02/09/18
NAGEL, BRYAN
4,372.60
02/09/18
OSWALD, ERICK
2,935.82
02/09/18
RUIZ, RICARDO
794.52
02/09/18
RUNNING, ROBERT
3,317.72
02/09/18
TEVLIN, TODD
3,195.45
02/09/18
BURLINGAME, NATHAN
3,471.70
02/09/18
DUCHARME, JOHN
3,152.71
02/09/18
ENGSTROM, ANDREW
3,173.29
02/09/18
JAROSCH, JONATHAN
3,948.28
02/09/18
LINDBLOM, RANDAL
3,152.71
02/09/18
LOVE, STEVEN
5,100.68
02/09/18
ZIEMAN, SCOTT
136.00
02/09/18
HAMRF, MILES
2,498.08
02/09/18
HAYS, TAMARA
2,280.33
02/09/18
HINNENKAMP, GARY
3,004.73
02/09/18
NAUGHTON, JOHN
2,865.97
02/09/18
ORE, JORDAN
2,260.89
02/09/18
SAKRY, JASON
2,150.61
02/09/18
BIESANZ, OAKLEY
2,166.35 179.76
02/09/18
GERNES, CAROLE
1,750.25
02/09/18
HER, KONNIE
816.00
02/09/18
HUTCHINSON, ANN
3,077.92
02/09/18
TROENDLE, CATHY JO
832.00
02/09/18
WACHAL, KAREN
1,164.55
02/09/18
WOLFE, KAYLA
342.00
02/09/18
GAYNOR, VIRGINIA
3,763.50
Packet Page Number 31 of 153
G1. Attachments
02/09/18
JOHNSON, ELIZABETH
1,952.19
02/09/18
KONEWKO, DUWAYNE
5,680.60
02/09/18
KROLL, LISA
2,187.29
02/09/18
ADADE, JANE
2,558.47
02/09/18
FINWALL, SHANN
3,896.80 150.00
02/09/18
MARTIN, MICHAEL
3,791.58
02/09/18
BRASH, JASON
3,661.90
02/09/18
SWAN, DAVID
3,209.19
02/09/18
SWANSON, CHRIS
2,319.39
02/09/18
WEIDNER, JAMES
2,623.39
02/09/18
WELLENS, MOLLY
2,614.62
02/09/18
ABRAHAM, JOSHUA
2,238.61
02/09/18
AYD, GWEN
42.00
02/09/18
BJORK, BRANDON
384.00
02/09/18
BRENEMAN, NEIL
2,798.49
02/09/18
CHUHEL, BRADY
150.00
02/09/18
CUMMINGS, KATIA
80.00
02/09/18
FISHER, JADE
40.00
02/09/18
FISHER, QUINN
102.50
02/09/18
FRANK, PETER
90.00
02/09/18
GORACKI, GERALD
126.00
02/09/18
KORF, CAIN
40.00
02/09/18
KUBAT, STEPHANIE
124.00
02/09/18
KUCHENMEISTER, GINA
1,896.81
02/09/18
LO, SATHAE
220.00
02/09/18
LUSHANKO, ADAM
120.00
02/09/18
MALLETT, DERRICK
112.00
02/09/18
MCCRARY, JOLETTA
129.00
02/09/18
MERRITT, JACOB
204.75
02/09/18
MEYER, ZACHARY
98.00
02/09/18
NEUMANN, BRAD
320.00
02/09/18
NZARA, MUNASHE
150.00
02/09/18
PIEPER, THEODORE
185.50
02/09/18
RANKINS, JASMINE
30.00
02/09/18
ROBBINS, AUDRA
3,951.83
02/09/18
ROBBINS, CAMDEN
375.00
02/09/18
SMITHSON, JONAH
240.00
02/09/18
THIELMAN, RICHARD
113.75
02/09/18
VUKICH, CANDACE
165.00
02/09/18
WERTZLER, PETER
84.00
02/09/18
WERTZLER, ROBERT
84.00
02/09/18
WHITE, LINDA
57.00
02/09/18
WILLIAMS III, WALLACE
69.75
02/09/18
WISTL, MOLLY
219.00
02/09/18
BERGO, CHAD
3,435.59
02/09/18
SCHMITZ, KEVIN
2,107.69
02/09/18
SHEERAN JR, JOSEPH
3,569.39
02/09/18
ADAMS, DAVID
2,417.38
02/09/18
HAAG, MARK
3,437.54
02/09/18
JENSEN, JOSEPH
2,200.03
02/09/18
SCHULTZ, SCOTT
4,339.22
02/09/18
WILBER, JEFFREY
2,594.65
02/09/18
PRIEM, STEVEN
2,831.50
02/09/18
WOEHRLE, MATTHEW
2,957.51
02/09/18
XIONG, BOON
2,232.35
02/09/18
FOWLDS, MYCHAL
4,631.73
02/09/18
FRANZEN, NICHOLAS
4,048.19
02/09/18
GERONSIN, ALEXANDER
2,977.09
02/09/18
RENNER, MICHAEL
2,933.00
99103082 02/09/18
CHEVRE, YSAREIA
109.00
99103083 02/09/18
DIEZ, ANTONIO
354.00
Packet Page Number 32 of 153
99103084
02/09/18
ISERMAN, HANNA
78.00
99103085
02/09/18
JORGENSON, SETH
175.50
99103086
02/09/18
KOSTECKI, HANNAH
31.50
99103087
02/09/18
KRATTENMAKER, JACOB
124.00
99103088
02/09/18
KRUEGER, SCOTT
231.38
99103089
02/09/18
MASON, TAKARA
190.00
99103090
02/09/18
MEISSNER, MICHAEL
57.00
99103091
02/09/18
MOORE, PATRICK
87.75
99103092
02/09/18
PFEFFERLE, LILY
84.00
99103093
02/09/18
PURCELL, TYLER
64.00
99103094
02/09/18
SLOAN, MADELYNN
56.00
99103095
02/09/18
WARNER, MACKENZIE
69.00
542,634.26
G1. Attachments
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G2
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Ellen Paulseth, Finance Director
DATE: February 26, 2018
SUBJECT: Approval of Resolution Authorizing the Issuance, Sale, and Delivery
of Obligations to Finance the Maple Pond Apartments Project
Introduction
The City Council will consider a resolution authorizing issuance of bonds to finance the Maple
Pond Apartments Project. The Council already authorized the issuance of these conduit bonds
in December of 2017. Because the structure of the bonds is changing to better meet the needs
of the developer, a new resolution is required. The project is not changing. The aggregate
principal amount of $11.2M already authorized by the Council will not change. The structure of
the financing is changing to include not only the publicly offered 2018A Bonds, but also a Series
2018B Note to be purchased by Bridgewater Bank on a private placement basis. This structure
better aligns with the developer's project phasing and does not exceed the amount already
authorized by the City Council. Because there is no change to the amount of the issuance, a
public hearing is not required. The City is not responsible for the debt and the issuance will not
adversely impact the City in any way, including the bank qualified (BQ) debt limitation.
Background
Project Description - Maple Pond Homes consists of 168 apartment units located in two
buildings, 1816 and 1854 Beebe Road in Maplewood. It was constructed in 1974. There is a
total of 99 one -bedroom units, 63 two-bedroom units and 6 three-bedroom units. There is a HUD
contract (Section 8) on 121 of the apartments and 47 units under a HUD 236 agreement. There
are 102 garages in addition to surface parking. The complex was purchased in 1998 and
renovated in 1999, including new siding, a new roof, upgraded kitchens, heating system
improvements, and other improvements.
Project Outcomes - The objectives of the current renovation project are to preserve the
affordability of Maple Pond for the long term and complete necessary capital improvements. A
significant part of the equity for the upgrades will be created through the use of Low Income
Housing Tax Credits. The financing plan for the renovation includes approximately $3,900,000 in
improvements. Significant upgrades will be made to the exterior as well as the interior of the
property including replacing the roof, upgrading the heating system to a high efficiency system,
kitchen and bathroom upgrades, updating the security system and common area improvements.
A solar power system will also be installed to continue the investors' focus on sustainability. These
improvements will reduce utility usage and improve the overall livability for the residents. There
will also be upgrades to the landscaping and outdoor space so the residents will have places to
gather outside.
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G2
Preliminary Approval - On July 10, 2017, following a duly noticed public hearing, the City Council
adopted Resolution No. 17-07-1475, which granted preliminary approval to the issuance of
Multifamily Housing Revenue Bonds, in an aggregate principal amount not to exceed
$15,000,000, on behalf of Maple Pond MDG Limited Partnership. The Bonds were issued
pursuant to the Housing Act (M.S. Chapter 462C), to finance a portion of the costs of the
acquisition and rehabilitation of 168 units of multifamily rental apartments.
Temporary Financing - On November 11, 2017, the Council adopted Resolution 17-11-1513
authorizing interim financing for the project. Maple Pond MDG, LP had requested that the City
issue Multifamily Housing Revenue Notes in one or more series, in the maximum principal amount
of $11,200,000. Bridgewater Bank was the purchaser of the Temporary Note.
Permanent Financing — On December 11, 2017, the Council adopted Resolution 17-12-1523
authorizing permanent financing for the project, which allowed for the proceeds of the Bonds to
refund the Temporary Note and finance the remaining costs of the project. By adopting the
resolution, the City Council gave final approval for the permanent financing.
Restructuring of the Bonds — At this meeting, the City Council is being asked to restructure the
debt to include both the publicly offered bonds and a privately placed note with Bridgewater Bank.
The borrower and underwriter estimate that the Series 2018A Bonds will be issued in the
approximate amount of $9 million, and the Series 2018B Note will be issued in the approximate
amount of $2.2 million. There is no change to the project or the amount of financing previously
authorized.
Obligation of the City - The issuance of the bonds does not impact the City's debt capacity and
does not constitute a general or moral obligation of the City. The bonds will not be secured by
the taxing powers of the City or any assets of the City, and will not adversely impact the City's
ability to issue bank -qualified obligations for City projects.
Budget Impact
The City received an application fee of $3,400 and an administrative fee of $28,600 for the
temporary bonds. The City also received an administrative fee in the amount of $28,600 for
facilitating the permanent bonds. The City bears no responsibility for the debt. The conduit debt
issuance does not add to the City's debt load and has no impact on the City's credit rating.
Because these bonds are Housing Revenue Bonds (M.S. 462C), the issuance does not affect the
City's Bank Qualification (BQ) limit.
Recommendation
It is recommended that the City Council approve the attached Resolution Authorizing the
Issuance, Sale, and Delivery of its Obligations to Finance the Maple Pond Apartments Project;
Approving the Forms of and Authorizing the Execution and Delivery of the Obligations and
Related Documents; Providing for the Security, Rights, and Remedies with Respect to the
Obligations; and Granting Approval for Certain Other Actions with Respect Thereto.
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G2
Attachments
1. Resolution Authorizing the Issuance, Sale, and Delivery of its Obligations to Finance the
Maple Pond Apartments Project; Approving the Forms of and Authorizing the Execution
and Delivery of the Obligations and Related Documents; Providing for the Security, Rights,
and Remedies with Respect to the Obligations; and Granting Approval for Certain Other
Actions with Respect Thereto.
2. Assignment of Loan Agreement
3. Multifamily Housing Revenue Refunding Note
4. Loan Agreement
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G2, Attachment 1
CITY OF MAPLEWOOD, MINNESOTA
RESOLUTION NO.
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY
HOUSING REVENUE OBLIGATIONS TO FINANCE THE MAPLE POND
APARTMENTS PROJECT; APPROVING THE FORMS OF AND AUTHORIZING
THE EXECUTION AND DELIVERY OF THE OBLIGATIONS AND RELATED
DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES
WITH RESPECT TO THE OBLIGATIONS; AND GRANTING APPROVAL FOR
CERTAIN OTHER ACTIONS WITH RESPECT THERETO
WHEREAS, the City is a statutory city duly organized and existing under the Constitution
and laws of the State of Minnesota.
WHEREAS, pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the
City is authorized to carry out the public purposes described in the Act by issuing revenue bonds
and notes or other obligations to finance or refinance multifamily housing developments located
within the City, and as a condition to the issuance of such revenue bonds and notes, adopt a
housing program providing the information required by Section 462C.03, subdivision 1a, of the
Act.
WHEREAS, in the issuance of the City's revenue bonds and notes and in the making of a
loan to finance a multifamily housing development the City may exercise, within its corporate
limits, any of the powers that the Minnesota Housing Finance Agency may exercise under
Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of
Minnesota Statutes, Chapter 475, as amended.
WHEREAS, Maple Pond MDG Limited Partnership, a Minnesota limited partnership (the
"Borrower"), has requested that the City issue its revenue bonds and notes under the Act and
lend the proceeds thereof to the Borrower to finance the acquisition and rehabilitation of 168 units
of multifamily rental apartments, and facilities functionally related and subordinate thereto,
commonly known as Maple Pond Apartments, located at 1854 Beebe Road in the City (the
"Project").
WHEREAS, on July 10, 2017, following a duly noticed public hearing, the City Council of
the City the ("City Council") adopted Resolution No. 17-07-1475 (the "Preliminary Resolution")
pursuant to which the City Council, among other things, preliminarily approved the issuance of
multifamily housing revenue obligations, in an aggregate principal amount not to exceed
$15,000,000, under the terms of the Act for the benefit of the Borrower to finance the acquisition
and rehabilitation of the Project, and adopted a housing program providing the information
required by Section 462C.03, subdivision 1a of the Act (the "Housing Program").
WHEREAS, the Preliminary Resolution constitutes a reimbursement resolution and an
official intent of the Issuer to reimburse expenditures with respect to the Project from the proceeds
of tax-exempt revenue obligations in accordance with the provisions of Treasury Regulations,
Section 1.150-2.
WHEREAS, on November 13, 2017, the City Council adopted Resolution No. 17-11-1513
(the "Temporary Note Resolution"), pursuant to which the City Council authorized the issuance of
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G2, Attachment 1
the City's Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series 2017 (the
"Temporary Note"), in the principal amount of $11,200,000, to provide short-term financing for the
acquisition and rehabilitation of the Project.
WHEREAS, the Temporary Note was issued on December 4, 2017 and sold to
Bridgewater Bank. The Borrower intended to refund the Temporary Note with the proceeds of
permanent obligations to be issued by the City. The Temporary Note had an initial mandatory
tender date of May 4, 2018. The Temporary Note was drawn down for the purposes of financing
the Project.
WHEREAS, the Borrower is requesting that the City now issue its multifamily housing
revenue obligations, as tax-exempt bonds and a note (the "Bonds" and the "Note" and collectively,
the "Obligations"), in the maximum aggregate principal amount of $11,200,000, to refund the
Temporary Note, the unspent proceeds of which, will be applied to the acquisition and
rehabilitation of the Project.
WHEREAS, the Borrower has requested that the City issue, sell, and deliver a portion of
the principal amount of the Obligations pursuant to the Preliminary Resolution, the Temporary
Note Resolution, this resolution, the Act, and a Trust Indenture, dated on or after March 1, 2018
(the "Series A Indenture" or "Indenture"), between the City and the U.S. Bank National Association
(the "Trustee") as the Multifamily Housing Revenue Refunding Bonds (Maple Pond Apartments
Project), Series 2018A (the "Series A Bonds" or "Bonds") to be sold publicly and underwritten by
Dougherty & Company LLC, a Delaware limited liability company (the "Underwriter").
WHEREAS, the Borrower has requested that the City issue a portion of the principal
amount of the Obligations pursuant to the Preliminary Resolution, the Temporary Note Resolution,
this resolution, and the Act, as a Multifamily Housing Revenue Note, Series 2018B (the "Series B
Note" or "Note") to be purchased by Bridgewater Bank (or another financial institution selected by
the Borrower, the "Lender") in accordance with the terms of a Loan Purchase Agreement, dated
on or after March 1, 2018, by and between the Borrower and the Lender.
WHEREAS, the proceeds derived from the sale of the Bonds will be loaned by the City to
the Borrower (the "Series A Loan") pursuant to the terms of a Loan Agreement, dated on or after
March 1, 2018 (the "Series A Loan Agreement"), by and among the Borrower and the City, and
the proceeds derived from the sale of the Note will be loaned by the City to the Borrower (the
"Series B Loan") pursuant to the terms of a Loan Agreement, dated on or after March 1, 2018 (the
"Series B Loan Agreement"), by and among the Borrower and the City.
WHEREAS, the Obligations and the interest on the Obligations (i) shall be payable solely
from the revenues pledged and security provided therefor under the Series A Loan Agreement
and the Series B Loan Agreement (together, the "Loan Agreements") and the Indenture, and
additional sources of revenue provided by or on behalf of the Borrower; (ii) shall not constitute a
debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii) shall not
constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit
or taxing powers; (iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon
any property of the Issuer other than the Issuer's interest in the Loan Agreement; and (v) shall
not constitute a general or moral obligation of the Issuer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA, AS FOLLOWS:
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G2, Attachment 1
1. Authorization for Issuance of Obligations. For the purposes set forth above, there
is hereby authorized the issuance, sale, and delivery of the Obligations in the maximum aggregate
principal amount not to exceed $11,200,000. The Obligations shall be special, limited obligations
of the City payable solely from the funds pledged thereto. The Obligations are not to be payable
from nor charged upon any funds of the City other than the revenues pledged to their payment,
nor is the City subject to any liability thereon; no holders of the Obligations shall ever have the
right to compel any exercise of the taxing power of the City to pay any of the principal of, premium,
if any, or interest on the Obligations; the Obligations shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City, and each Obligation shall recite
that the Obligations, including interest thereon, are payable solely from the revenues pledged to
the payment thereof and that no Obligation shall constitute a debt of the City within the meaning
of any constitutional or statutory limitation.
2. Series A Bonds Structure. Pursuant to the Series A Loan Agreement the City will
loan the proceeds of the Series A Bonds to the Borrower to refinance a portion of the Project.
The payments to be made by the Borrower under the Series A Loan Agreement are fixed so as
to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series
A Bonds when due. When executed, the right, title and interest of the City in, to and under, among
other things, the Series A Loan Agreement (except as therein provided) will be assigned to the
Trustee pursuant to the Indenture. The Bonds will be purchased by the Underwriter pursuant to
the Bond Purchase Agreement, dated on or after the date this resolution is approved (the "Bond
Purchase Agreement"), among the Underwriter, the City, and the Borrower. The Bonds shall bear
interest at the rates, shall be numbered, shall be dated, shall mature, shall be subject to
redemption prior to maturity, and shall be in such form and have such other details and provisions
as may be prescribed in the Indenture, as executed in accordance with Sections 7 and 13. The
Trustee is hereby appointed as the Paying Agent and the Bond Registrar for the Bonds.
3. Series B Note Structure. Pursuant to the Series B Loan Agreement, the City will
loan the proceeds of the Series B Note to the Borrower to refinance a portion of the Project. The
payments to be made by the Borrower under the Series B Loan Agreement are fixed so as to
produce revenue sufficient to pay the principal of, premium, if any, and interest on the Series B
Note when due. When executed, the right, title and interest of the City in, to and under, among
other things, the Series B Loan Agreement (except as therein provided) will be assigned to the
Lender pursuant to an Assignment of Loan Agreement, dated on or after March 1, 2018, between
the City and the Lender (the "Loan Assignment Agreement"). The Series B Note proceeds will be
disbursed pursuant to a disbursing agreement, between the Borrower, the Lender, and a
disbursing agent to be selected by the Borrower. The Series B Note will be further secured by
certain security instruments required by the Lender and in forms authorized by the Borrower to
be executed by or on behalf of the Borrower in favor of the Lender which may include: (i)
assignments of capital contributions and contract rights; (ii) one or more security agreements and
indemnity agreements; (iii) one or more guaranty agreements; (iv) a general partner pledge; and
(v) other security documents that are intended to ensure timely payment of the Series B Loan and
the Note (collectively, the "Series B Security Documents"). The Series B Note shall bear interest
at a variable rate. The Series B Note shall be in the principal amount, shall be numbered, shall
be dated, shall mature, shall be subject to redemption prior to maturity, and shall be in such form
and have such other details and provisions as may be set forth therein, as executed in accordance
with Sections 7 and 13.
4. Additional Provisions Relating to Series B Note.
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G2, Attachment 1
(a) Registration of Transfer. The City will cause to be kept at the office of
the City Finance Director a Note Register in which, subject to such reasonable regulations as it
may prescribe, the City shall provide for the registration of transfers of ownership of the Series B
Note. The Series B Note shall be initially registered in the name of the Lender and shall be
transferable, subject to the provisions herein and in the Series B Note, upon the Note Register by
the Lender in person or by its agent duly authorized in writing, upon surrender of the Series B
Note together with a written instrument of transfer satisfactory to the City Finance Director, duly
executed by the Lender or its duly authorized agent. The City may require, as a precondition to
any transfer, that the transferee provide to the City an investor letter in a form satisfactory to the
City and other evidence satisfactory to the City that the transferee is a financial institution or other
accredited investor under the securities laws. The following form of assignment shall be sufficient
for said purpose.
For value received hereby sells, assigns and transfers unto
the attached Note of the City of Maplewood, Minnesota, and
does hereby irrevocably constitute and appoint attorney
to transfer said Note on the books of said City with full power of substitution in the
premises. The undersigned certifies that the transfer is made in accordance with
the provisions of Section 5(d) of the Resolution authorizing the issuance of the
Note.
Dated:
Registered Owner
Upon such transfer the City Finance Director shall note the date of registration and the name
and address of the new holder thereof in the Note Register, and in the registration blank
appearing on the Series B Note.
(b) Mutilated, Lost or Destroyed Series B Note. In case a Series B Note
issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then
prohibited by law, cause to be executed and delivered, a new Series B Note, of like outstanding
principal amount, number and tenor in exchange and substitution for and upon cancellation of
such mutilated Series B Note, or in lieu of and in substitution for such Series B Note destroyed or
lost, upon the Lender paying the reasonable expenses and charges of the City in connection
therewith, and in the case of a Series B Note destroyed or lost, the filing with the City of evidence
satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Series
B Note has already matured or been called for redemption in accordance with its terms it shall
not be necessary to issue a new Series B Note, prior to payment.
(c) Ownership of Series B Note. The City may deem and treat the person in
whose name the Series B Note is last registered in the Note Register and by notation on the
Series B Note, whether or not such Series B Note shall be overdue, as the absolute owner of
such Series B Note, for the purpose of receiving payment of or on account of the principal thereof,
redemption price or interest and for all other purposes whatsoever, and the City shall not be
affected by any notice to the contrary.
(d) Limitation on Series B Note Transfers. The Series B Note will be issued
to either (a) a "qualified institutional buyer" as defined in Rule 144A promulgated under the 1933
Act, that purchases for its own account or for the account of a qualified institutional buyer, or (b)
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G2, Attachment 1
an "accredited investor" as defined in Regulation D promulgated under the 1933 Act, that
purchases for its own account and without registration under state or other securities laws,
pursuant to an exemption for such issuance; and accordingly the Series B Note may not be
assigned or transferred in whole or part, nor may a participation interest in the Series B Note be
given pursuant to any participation agreement, except to another "qualified institutional buyer" or
"accredited investor" in accordance with an applicable exemption from such registration
requirements and with full and accurate disclosure of all material facts to the prospective
purchaser(s) or transferee(s) and in a single denomination equal to the entire outstanding
principal balance thereof and in accordance with Section 4(a) hereof.
(e) Issuance of Replacement Series B Note. Subject to the provisions of
Section 4(d), the City shall, at the request and expense of the Lender issue a new Series B Note,
in aggregate outstanding principal amount equal to that of such Series B Note, and of like tenor
except as to number, principal amount, and the amount of the periodic installments payable
thereunder, and registered in the name of the Lender, or such transferee as may be designated
by the Lender, as applicable.
5. Compliance with Certain Rental and Occupancy Restrictions as to the Project. To
ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section
142(d) of the Code and to ensure compliance with certain restrictions imposed by the City, the
Project will be subject to a Regulatory Agreement, dated on or after March 1, 2018, among the
City, the Borrower, and the Trustee (the "Regulatory Agreement").
6. Findings, Determinations, Declarations. The City acknowledges, finds,
determines, and declares that:
(a) the issuance of the Obligations, and the other actions of the City under the
Indenture, the Loan Agreements, and this resolution constitute a public purpose and are in the
interests of the City;
(b) the Project constitutes a "qualified residential rental project" within the
meaning of Section 142(d) of the Code, and a "multifamily housing development" authorized by
the Act, and furthers the purposes of the Act;
(c) in authorizing the issuance of the Obligations for the refinancing of the
Project and the related costs, the City's purpose is and the effect thereof will be to promote the
public welfare of the City and its residents by providing or preserving affordable multifamily
housing developments for low or moderate income residents of the City and otherwise furthering
the purposes and policies of the Act;
(d) the Act authorizes the acquisition and rehabilitation of the Project to be
financed and refinanced by the Obligations, the issuance and sale of the Obligations, the
execution and delivery by the City of the Bond Purchase Agreement, the Loan Agreements, the
Indenture, the Loan Assignment Agreement, the Regulatory Agreement, any Security
Agreements required to be executed or assigned by the City, and such other documents as Bond
Counsel considers appropriate in connection with the issuance of the Obligations, the
performance of all covenants and agreements of the City contained in the documents to which it
is a party, and the performance of all other acts and things required under the constitution and
laws of the State of Minnesota to make the documents to which it is a party and Obligations valid
and binding obligations of the City in accordance with their terms;
(e) the City hereby approves the Series B Security Documents and the
execution by the Borrower and delivery to the Trustee, as security for the Series A Bonds, of: (i)
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G2, Attachment 1
any mortgage or security agreements granting a mortgage lien or security interest with respect to
the Project or any portion thereof to the Trustee; (ii) one or more collateral assignments of the
contracts between the Borrower and the architect and contractor with respect to the Project; (iii)
one or more indemnity agreements; and (iv) other security documents that are intended to ensure
timely payment of the Series A Loan and the Bonds. All such security documents, if any are
delivered, shall be substantially in the forms authorized by the Borrower;
(f) it is desirable that the Series A Bonds be issued by the City upon the terms
set forth in the Series A Indenture and that the Series B Note be issued by the City upon the terms
set forth herein and in the Series B Loan Agreement;
(g) the payments under the Series A Loan Agreement are structured to
produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and
interest on the Series A Bonds when due, and the Series A Loan Agreement and the Series A
Indenture also provide that the Borrower is required to pay all expenses of the operation and
maintenance of the facilities to be financed by the Obligations, including, but without limitation,
adequate insurance thereon and insurance against all liability for injury to persons or property
arising from the operation thereof, and any taxes and special assessments levied upon or with
respect to the premises of said facilities and payable during the term of the Series A Loan
Agreement and the Series A Indenture;
(h) the payments under the Series B Loan Agreement are structured to
produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and
interest on the Series B Note when due, and the Series B Loan Agreement also provides that the
Borrower is required to pay all expenses of the operation and maintenance of the facilities to be
financed by the Obligations, including, but without limitation, adequate insurance thereon and
insurance against all liability for injury to persons or property arising from the operation thereof,
and any taxes and special assessments levied upon or with respect to the premises of said
facilities and payable during the term of the Series B Loan Agreement;
(i) as provided therein and in the Loan Agreements and the Indenture, the
Obligations are not to be payable from or charged upon any funds other than the revenue pledged
to the payment thereof; the City is not subject to any liability thereon; no holder of any Obligation
shall ever have the right to compel any exercise by the City of any taxing powers to pay any of
the Obligations or the interest or premium thereon, or to enforce payment thereof against any
property of the City, except the interests of the City in the Series A Loan Agreement which have
been assigned to the Trustee under the Series A Indenture and the interests of the City in the
Series B Loan Agreement which have been assigned to the Lender under the Loan Assignment
Agreement; the Obligations shall not constitute a charge, lien or encumbrance, legal or equitable,
upon any property of the City except the interests of the City in the Series A Loan Agreement
which have been assigned to the Trustee under the Series A Indenture and the interests of the
City in the Series B Loan Agreement which have been assigned to the Lender under the Loan
Assignment Agreement; the Obligations shall recite that the Obligations do not constitute or give
rise to a pecuniary liability or moral obligation of the City, the State of Minnesota, or any political
subdivision thereof, and that the Obligations, including interest thereon, are payable solely from
the revenues pledged to the payment thereof; and the Obligations shall not constitute a debt of
the City within the meaning of any constitutional or statutory limitation.
7. Approval of Forms; Execution. The Mayor and the City Manager (the "City
Officials") are hereby authorized and directed to execute and deliver the Indenture, the Loan
Agreements, the Loan Assignment Agreement, the Bonds, the Note, the Bond Purchase
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Agreement, the Regulatory Agreement, and any consents or such other documents and
certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of
the Obligations, including without limitation various certificates of the City, the Information Return
for Tax -Exempt Private Activity Bond Issues, Form 8038, a letter prepared in accordance with
Section 42(m)(2)(D) of the Code evidencing the determination of the City, as the issuer of the
Obligations, based on conclusions of a third party analyst, that the amount of tax credits to be
allocated to the Project will not exceed the amount necessary for the financial feasibility of the
Project and its viability as a qualified low-income housing project, a certificate as to arbitrage and
rebate and similar documents (collectively, the "Financing Documents"). Subject to the provisions
of Section 13 hereof, the Bonds are to be in executed the name of and on behalf of the City by
the City Officials, and are to be delivered to the Trustee for authentication and delivery to or at
the direction of the holders thereof. Subject to the provisions of Section 13 hereof, the Note is to
be executed in the name of and on behalf of the City Officials, and is to be delivered to the Lender.
Any other documents and certificates necessary to the transaction described above may be
executed by one or more appropriate officers of the City, including but not limited to the City
Manager. Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the City Council by the provisions of
this resolution or of the aforementioned documents shall be exercised or performed by the City
or by such members of the City Council, or such officers, board, body or agency thereof as may
be required or authorized by law to exercise such powers and to perform such duties. Copies of
all of the documents necessary to the transaction herein described shall be delivered, filed and
recorded as provided herein and in the Loan Agreements and Indenture.
8. Official Statement. The City has not participated in the preparation of the Official
Statement relating to the offer and sale of the Bonds (the "Official Statement"), and has made no
independent investigation with respect to the information contained therein, including the
appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or
completeness of such information. Subject to the foregoing, the City hereby consents to the
distribution and the use by the Underwriter of the Official Statement in connection with the offer
and sale of the Bonds. The Official Statement is the sole material consented to by the City for
use in connection with the offer and sale of the Bonds.
9. Incorporation of Provisions of Financing Documents. All of the provisions of the
Financing Documents, when executed and delivered as authorized herein, shall be deemed to be
a part of this resolution as fully and to the same extent as if incorporated verbatim herein and
shall be in full force and effect from the date of execution and delivery thereof. The Indenture,
the Loan Agreements, the Loan Assignment Agreement, the Bonds, the Note, and the Regulatory
Agreement shall be substantially in the forms currently on file with the City, which are hereby
approved, with such necessary and appropriate variations, omissions and insertions as do not
materially change the substance thereof, and as the City Officials, in their discretion, shall
determine, and the execution thereof by the City Officials shall be conclusive evidence of such
determination.
10. Individual Capacity; Personal Liability. No covenant, stipulation, obligation or
agreement herein contained or contained in the aforementioned documents shall be deemed to
be a covenant, stipulation, obligation or agreement of any member of the City Council, or any
officer, agent or employee of the City in that person's individual capacity, and neither the City
Council nor any officer or employee executing the Obligations shall be personally liable on the
Obligations or be subject to any personal liability or accountability by reason of the issuance
thereof.
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11. Rights, Remedies or Claims Are Sole and Exclusive Benefit of City and Holders of
Obligations. Except as otherwise expressly provided herein, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon
any person or firm or corporation, other than the City, or any holder of the Obligations issued
under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and
by reason of this resolution or any provisions hereof, this resolution, the aforementioned
documents, and all of their provisions being intended to be and being for the sole and exclusive
benefit of the City, and any holder from time to time of the Obligations issued under the provisions
of this resolution.
12. Illegal or Invalid Provisions. In case any one or more of the provisions of this
resolution, other than the provisions contained Section 1, or of the aforementioned documents,
or of the Obligations issued hereunder shall for any reason be held to be illegal or invalid, such
illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned
documents, or of the Obligations, but this resolution, the aforementioned documents, and the
Obligations shall be construed and endorsed as if such illegal or invalid provisions had not been
contained therein.
13. Changes in Forms Approved; Authorization to Act; Delegation of Duties. The
approval hereby given to the various documents referred to in this resolution includes approval of
such additional details therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be necessary and appropriate as
determined by the parties thereto and approved by the appropriate City staff person or by the
officers authorized herein to execute or accept, as the case may be, said documents prior to their
execution; and said officers or staff members are hereby authorized to approve said changes on
behalf of the City. The execution of any instrument by the appropriate officer or officers of the City
herein authorized shall be conclusive evidence of the approval of such document in accordance
with the terms hereof. The officers of the City, bond counsel, other attorneys, engineers, and
other agents or employees of the City are hereby authorized to do all acts and things required of
them by or in connection with this resolution, the aforementioned documents, and the Obligations,
for the full, punctual, and complete performance of all the terms, covenants, and agreements
contained in the Obligations, the aforementioned documents, and this resolution. If for any reason
either of the City Officials is unable to execute and deliver the documents referred to in this
resolution, such documents may be executed by any member of the City Council or any officer of
the City delegated the duties of such City Officials with the same force and effect as if such
documents were executed and delivered by such City Officials.
14. Future Amendments. The authority to approve, execute and deliver future
amendments to the Financing Documents herein authorized entered into by the City in connection
with the issuance of the Obligations and any consents required under the Financing Documents
is hereby delegated to the City Officials upon consultation with the City's bond counsel, subject
to the following conditions: (a) such amendments or consents do not require the consent of the
holder of the Obligations or such consent has been obtained; (b) such amendments or consents
to not materially adversely affect the interests of the City; (c) such amendments or consents do
not contravene or violate any policy of the City; and (d) such amendments or consents are
acceptable in form and substance to the City's bond counsel. The authorization hereby given
shall be further construed as authorization for the execution and delivery of such certificates and
related items as may be required to demonstrate compliance with the agreements being amended
and the terms of this resolution. The execution of any instrument by the City Officials shall be
conclusive evidence of the approval of such instruments in accordance with the terms hereof. In
the absence of either of the City Officials, any instrument authorized by this paragraph to be
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executed and delivered may be executed by the officer of the City or the City authorized to act in
his/her place and stead.
15. Bond Counsel. The City hereby authorizes Kennedy & Graven, Chartered, as
bond counsel, to prepare, execute, and deliver its approving legal opinions with respect to the
Obligations.
16. Validity. The Obligations, when executed and delivered, shall contain a recital that
they are issued pursuant to the Act, and such recital shall be conclusive evidence of the validity
of the Obligations and the regularity of the issuance thereof, and that all acts, conditions, and
things required by the laws of the State of Minnesota relating to the adoption of this resolution, to
the issuance of the Obligations, and to the execution of the aforementioned documents to happen,
exist, and be performed precedent to the execution of the aforementioned documents have
happened, exist, and have been performed as so required by law.
17. Administrative Fee; Indemnification by Borrower. The Borrower shall pay the
administrative fee of the City as provided in the Financing Documents. The Borrower will also
pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City
in connection with the Project and the issuance of the Obligations, whether or not the Obligations
are issued, including any costs for attorneys' fees. The Borrower shall indemnify the City against
all liabilities, losses, damages, costs and expenses (including attorney's fees and expenses
incurred by the City) arising with respect to the Project or the Obligations, as provided for and
agreed to by the Borrower in the Loan Agreements.
18. Denominations. The City hereby authorizes the issuance of the Series A Bonds in
minimum denominations of $5,000 subject to obtaining a rating in the A or higher category,
otherwise the Series A Bonds will be issued in minimum denominations of $100,000. The Series
B Note shall be in a denomination equal to its entire principal amount.
19. Governmental Program. The City has established a governmental program of
acquiring purpose investments for qualified residential rental projects. The governmental program
is one in which the following requirements of §1.148-1(b) of the federal regulations relating to tax-
exempt obligations shall be met:
(a) the program involves the origination or acquisition of purpose investments;
(b) at least 95% of the cost of the purpose investments acquired under the program
represents one or more loans to a substantial number of persons representing the general public,
states or political subdivisions, 501(c)(3) organizations, persons who provide housing and related
facilities, or any combination of the foregoing;
(c) at least 95% of the receipts from the purpose investments are used to pay principal,
interest, or redemption prices on issues that financed the program, to pay or reimburse
administrative costs of those issues or of the program, to pay or reimburse anticipated future
losses directly related to the program, to finance additional purpose investments for the same
general purposes of the program, or to redeem and retire governmental obligations at the next
earliest possible date of redemption;
(d) the program documents prohibit any obligor on a purpose investment financed by
the program or any related party to that obligor from purchasing Obligations of an issue that
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finances the program in an amount related to the amount of the purpose investment acquired
from that obligor; and
(e) the City shall not waive the right to treat the investment as a program investment.
20. Headings; Terms. Paragraph headings in this resolution are for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any provision
hereof. Capitalized terms used but not defined herein shall have the meanings given them in the
Financing Documents.
21. Previous Resolutions Supplemented. The provisions of this resolution hereby
supplement the Preliminary Resolution and the Temporary Note Resolution.
22. Effective Date. This resolution shall be in full force and effect from and after its
approval.
Adopted this 26th day of February, 2018.
Nora Slawik, Mayor
ATTEST:
Melinda Coleman, City Manager
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G2, Attachment 2
$[2,555,000]
City of Maplewood, Minnesota
Multifamily Housing Revenue Refunding Note
(Maple Pond Apartments Project)
Series 2018B
ASSIGNMENT OF LOAN AGREEMENT
This Assignment of Loan Agreement, dated as March 15, 2018 (the "Assignment"), is
made and entered into between the City of Maplewood, Minnesota, a statutory city, municipal
corporation, and political subdivision duly organized and existing under the Constitution and
laws of the State of Minnesota (the "Issuer"), and Bridgewater Bank, a Minnesota banking
corporation (the "Lender").
RECITALS
WHEREAS, Maple Pond MDG Limited Partnership, a Minnesota limited partnership,
(the "Borrower") and the Issuer have entered into a Loan Agreement, dated as of the date hereof
(the "Loan Agreement"), pursuant to which the Issuer will lend to the Borrower the proceeds
derived from the sale to the Lender of its Multifamily Housing Revenue Refunding Note (Maple
Pond Apartments Project), Series 2018B (the "Series 2018B Note"), issued by the Issuer in the
original aggregate principal amount of $[2,555,000]; and
WHEREAS, the Series 2018B Note (the "Note") is to be payable from and secured by the
loan repayments (the "Loan Repayments") to be made by the Borrower under the Loan
Agreement; and the Lender, as a condition to the purchase of the Note, has required the execution
of this Assignment;
NOW THEREFORE, as an inducement to the Lender to purchase the Note, and in
consideration of the premises and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. In order to secure the due and punctual payment of the Note and all other sums
due the Lender under the Loan Agreement, the Issuer does hereby assign to the Lender all of the
Issuer's right, title, and interest in and to the Loan Agreement, including the Loan Repayments
payable by the Borrower thereunder, subject to the Issuer's rights under the provisions of Section
7.10 thereof.
2. The Issuer hereby represents and warrants to the Lender that the Issuer's right,
title, and interest in the Loan Agreement is free and clear of any lien, security interest, or other
encumbrance other than that arising under this Assignment.
3. The Issuer hereby authorizes the Lender to exercise, whether or not a default
exists under the Note or an Event of Default has occurred under the Loan Agreement, either in
the Issuer's name or the Lender's name, any and all rights or remedies available to the Issuer
under the Loan Agreement. The Issuer agrees, on request of the Lender, to execute and deliver
to the Lender such other documents or instruments as shall be deemed necessary or appropriate
by the Lender at any time to confirm or perfect the security interest hereby granted. The Issuer
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hereby appoints the Lender its attorney-in-fact to execute on behalf of the Issuer, and in its name,
any and all such assignments, financing statements, or other documents or instruments which
the Lender may deem necessary or appropriate to perfect, protect, or enforce the security interest
hereby granted.
4. The Issuer will not:
(a) exercise or attempt to exercise any remedies under the Loan Agreement,
except as permitted by Sections 6.2 and 7.7 of the Loan Agreement, or terminate, modify
or accept a surrender of the same, or by affirmative act, consent to the creation or
existence of any security interest or other lien in the Loan Agreement to secure payment
of any other indebtedness; or
(b) receive or collect or permit the receipt or collection of any payments,
receipts, rentals, profits, or other money under the Loan Agreement (except as permitted
under Section 7.10 thereof) or assign, transfer, or hypothecate (other than to the Lender
hereunder) any of the same then due or to accrue in the future.
5. The Issuer expressly covenants and agrees that the Lender shall be entitled to
receive all Loan repayments and other payments under the Loan Agreement (except any
payments due the Issuer under Section 7.10 thereof), and hereby authorizes and directs the
Borrower to make such Loan repayments and other payments directly to the Lender. The Lender
covenants and agrees that all payments received by the Lender pursuant to the Loan Agreement
shall be applied as provided in the Loan Agreement, the Note and the Loan Documents (hereafter
defined).
6. The Lender agrees to advance the purchase price of the Note directly to the
Borrower as provided in the Note, the Loan Agreement, and the other agreements between the
Borrower and the Lender entered into in connection with the issuance and delivery of the Note
(the "Loan Documents"). In accordance with Section 7.10 of the Loan Agreement, the Lender
hereby assumes the Issuer's and Lender's obligations to the Borrower thereunder.
7. If an Event of Default (as defined in the Loan Agreement) shall occur and be
continuing after the expiration of any cure rights under the terms of the Loan Agreement, the
Lender may exercise any one or more or all, and in any order, of the remedies hereinafter set
forth, in addition to any other remedy at law or in equity or specified in the Loan Agreement, it
being expressly understood that no remedy herein conferred is intended to be exclusive of any
other remedy or remedies; but each and every remedy shall be cumulative and shall be in addition
to every other remedy given herein or now or hereafter existing at law or in equity or by statute:
(a) The Lender may, without prior notice of any kind, declare the principal of
and interest accrued on the Note immediately due and payable.
(b) The Lender may exercise any rights and remedies and options of a secured
party under the Uniform Commercial Code as adopted in the State of Minnesota and any
and all rights available to it under the Loan Agreement, or the other Loan Documents.
8. Whenever any of the parties hereto is referred to, such reference shall be deemed
to include the successors and assigns of such party; and all the covenants, promises, and
agreements in this Assignment contained by or on behalf of the Issuer or the Lender shall bind
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and inure to the benefit of the respective successors and assigns of such parties whether so
expressed or not.
9. The unenforceability or invalidity of any provision or provisions of this Assignment
shall not render any other provision or provisions herein contained unenforceable or invalid.
10. This Assignment shall in all respects be construed in accordance with and
governed by the laws of the State of Minnesota. This Assignment may not be amended or
modified except in writing signed by the Issuer and the Lender.
11. This Assignment may be executed, acknowledged, and delivered in any number
of counterparts and each of such counterparts shall constitute an original but all of which together
shall constitute one agreement.
12. The terms used in this Assignment which are defined in the Loan Agreement shall
have the meanings specified therein, unless the context of this Assignment otherwise requires,
or unless such terms are otherwise defined herein.
13. No obligation of the Issuer hereunder shall constitute or give rise to a pecuniary
liability of the Issuer or a charge against its general credit or taxing powers, but shall be payable
solely out of the proceeds and the revenues derived under the Loan Agreement.
(The remainder of this page is intentionally left blank.)
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G2, Attachment 2
IN WITNESS WHEREOF, the Issuer and the Lender have caused this Assignment to be
duly executed as of the date first above written.
CITY OF MAPLEWOOD, MINNESOTA
By
Its Mayor
By
Its City Manager
[Signature page to Assignment of Loan Agreement]
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G2, Attachment 2
Execution page of the Lender to the Assignment of Loan Agreement.
BRIDGEWATER BANK
M
Nicholas Place
Its Senior Vice President
[Signature page to Assignment of Loan Agreement]
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G2, Attachment 3
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD, MINNESOTA
MULTIFAMILY HOUSING REVENUE REFUNDING NOTE
(MAPLE POND APARTMENTS PROJECT)
SERIES 2018B
March 15, 2018
No. R-1 $[2,555,000]
For value received the CITY OF MAPLEWOOD, MINNESOTA, a statutory city, municipal
corporation, and political subdivision duly organized and existing under the Constitution and laws
of the State of Minnesota (the "Issuer" or the "City"), hereby promises to pay to BRIDGEWATER
BANK, a Minnesota banking corporation, its successors or registered assigns (the "Lender"), from
the source and in the manner hereinafter provided, the principal sum of and
no/100 Dollars $[2,555,000], or so much thereof as has been advanced hereunder and remains
unpaid from time to time (the "Principal Balance"), with interest on the outstanding Principal
Balance as set forth below. All payments of principal and interest on this Multifamily Housing
Revenue Refunding Note (Maple Pond Apartments Project), Series 2018B (the "Note") shall be
made in any coin or currency which, at the time or times of payment, are legal tender for the
payment of public or private debts in the United States of America, in accordance with the terms
hereinafter set forth.
(1) Interest shall accrue at an annual rate equal to the 30 -day Prime rate as published
by the Wall Street Journal (the "Index") in effect two Banking Days prior to the Reprice Date, less
25 basis points, such rate to be reset daily on each Reprice Date; provided however, the rate of
interest payable hereunder shall not be less than 4.25% on any Reprice Date prior to the
Conversion Date (as defined below). The term "Conversion Date" means the date that
construction has been completed and a certificate of occupancy has been issued for the Project
(as defined below). The term "Banking Day" means any date (other than a Saturday or Sunday)
on which commercial banks are open for business in Minneapolis, Minnesota. The term "Reprice
Date" means each Business Day prior to the Conversion Date. If the initial advance under this
Note occurs other than on a Reprice Date, the initial Index shall be the Index in effect two Banking
Days prior to the date hereof, which rate plus the percentage described above shall be in effect
until the next Reprice Date. Lender's internal records of applicable interest rates shall be
determinative in the absence of manifest error. On and after the Conversion Date Interest shall
accrue on this Note at an annual rate equal to %.
(2) Notwithstanding the foregoing, upon the failure to pay the principal of or interest
on this Note when due or upon the occurrence of any Event of Default, as hereafter defined,
interest on the Principal Balance shall accrue at an annual rate which is 500 basis points in excess
of the interest rate otherwise payable hereunder ("Default Rate"). The interest rate may also be
adjusted to the Default Rate as provided in Section 8 below. Interest shall be computed on the
basis of actual days elapsed in a year of 360 days.
(3) Interest is payable beginning April 15, 2018, and on the earlier of the last day of
the month or the 15th day of each consecutive month thereafter, plus a final interest payment with
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the final payment of principal.
(4) Principal is payable on March 15, 2020 (the "Maturity Date"), subject to mandatory
purchase in accordance with Section 9 hereof.
(5) A late payment fee in an amount equal to 5% of the delinquent amount shall be
paid with respect to all payments not made within 10 days of the date due. The late payment fee
shall not apply to a payment of all principal due upon maturity or acceleration.
(6) Payments shall be applied first to any fees owing to the Lender, second to accrued
and unpaid interest on the Principal Balance, and thereafter to reduction of the Principal Balance.
(7) In any event, the payments hereunder shall be sufficient to pay all principal and
interest due, as such principal and interest becomes due, at maturity, upon earlier redemption
and prepayment, or otherwise.
(8) If the interest on this Note should become subject to federal income taxation
pursuant to a "Determination of Taxability" as that term is defined in Section 4.5 of the Loan
Agreement, dated as of the date hereof (the "Loan Agreement"), between the Issuer and Maple
Pond MDG Limited Partnership, a Minnesota limited partnership (the "Borrower"), relating to the
Note, and the Purchaser delivers to the Borrower a copy of the notice of the "Determination of
Taxability," the interest rate per annum on this Note shall be immediately adjusted to be equal to
the Default Rate. In addition, the Lender shall be entitled to receive upon demand an amount
equal to the aggregate difference between the monthly payments theretofore made to the Lender
on this Note and the monthly payments which would have been made during such period if the
Default Rate had been in effect from and after the "Date of Taxability," as that term is defined in
Section 4.5 of the Loan Agreement.
(9) In lieu of providing for a balloon maturity of this Note prior to the Maturity Date, the
Lender has agreed to the terms of this paragraph. This Note is subject to mandatory purchase by
the Borrower on , 20_ (the "Purchase Date"). At the option of the Lender, the Purchase
Date may be extended and all principal of and interest on the Note shall be paid in full on the
Maturity Date if all the conditions for an extension set forth in Section 1 of the Loan Purchase
Agreement, dated the date hereof (the "Loan Purchase Agreement"), between the Borrower and
the Lender, have been met. On the Purchase Date, the Lender shall deliver this Note to the
Borrower and this Note shall be purchased by the Borrower at a price equal to the sum of: (i) the
outstanding Principal Balance of this Note as of the Purchase Date; plus (ii) accrued and unpaid
interest on this Note to the Purchase Date; plus (iii) all other amounts owing from the Borrower to
the Lender under the Loan Documents (as such term is defined in the Loan Purchase Agreement)
as of the Purchase Date. If this Note is not purchased by the Borrower on the Purchase Date,
such failure to purchase this Note shall constitute an event of default under this Note and shall
constitute an "Event of Default" under the Loan Agreement.
(10) Principal and interest due hereunder shall be payable at the office of the Lender
set forth in the attached Note register, or at such other place as the Lender may designate in
writing.
(11) This Note is issued by the Issuer to provide funds for the refunding of the Issuer's
Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series 2017, issued by the
Issuer on December 4, 2017 in the principal amount of $11,200,000, the proceeds of which
financed the acquisition and rehabilitation of a multifamily housing development, as defined in
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G2, Attachment 3
Minnesota Statutes, Chapter 462C, as amended, consisting of 168 units of multifamily rental
apartments, and facilities functionally related and subordinate thereto, commonly known as Maple
Pond Apartments, located at 1854 Beebe Road (the "Project") in the City, and this Note is issued
pursuant to and in full compliance with the Constitution and laws of the State of Minnesota,
particularly Minnesota Statutes, Chapter 462C, as amended, and pursuant to a resolution of the
governing body of the Issuer duly adopted on February 26, 2018 (the "Resolution").
(12) The proceeds of this Note are being loaned by the Issuer to the Borrower pursuant
to the terms and conditions of the Loan Agreement. This Note is secured by, among other
documents and instruments: (i) an Assignment of Loan Agreement, dated as of the date hereof
(the "Assignment of Loan Agreement"), between the Issuer and the Lender; (ii) an Assignment
of Capital Contributions, a Collateral Assignment of Contract Rights, and Pledge Agreement
Deposit Account, each dated the date hereof, from Borrower to the Lender, and a Pledge
Agreement, dated the date hereof, by Maple Pond MDG LLC with respect to its the general
partner interest in the Borrower to Lender (collectively, the "Security Documents"); (iii) each of
the Guaranty agreements, dated as of the date hereof, by Harold Teasdale, an individual, and
Matt Teasdale, an individual (the "Guarantors"), respectively, in favor of the Lender (collectively,
the "Guaranties"); and (iv) the other Loan Documents. The entire proceeds of this Note shall be
advanced by the Lender on the date hereof and will be applied, along with the proceeds of tax-
exempt revenue bonds issued by the Issuer on the date hereof (the "Series 2018A Bonds") to the
redemption and prepayment of the Prior Note. Transferred, unspent proceeds of the Prior Note
will be deposited in the Project Fund established under the Trust Indenture, dated as of March 1,
2018, between the Issuer and U.S. Bank National Association (the "Trustee") with respect to the
Series 2018A Bonds and disbursed by the Trustee to pay Project Costs.
(13) The Issuer, for itself and its successors and assigns, hereby waives demand,
presentment, protest and notice of dishonor; and to the extent permitted by law, the Lender may
extend interest and/or principal of or any service charge or premium due on this Note, or release
any part or parts of the property and interest subject to any security document from the same, all
without notice to or consent of any party liable hereon or thereon and without releasing any such
party from such liability and whether or not as a result thereof the interest on this Note is no longer
excludable from gross income for federal income tax purposes. In no event, however, may the
Maturity Date be extended.
(14) This Note may be prepaid, in whole or in part, at any time without premium or
penalty, upon written notice given to the Lender by certified or registered mail, addressed to the
Lender at its registered address. On the date fixed for prepayment funds shall be paid to the
Lender at its registered address. Upon any partial or full prepayment of the Principal Balance of
this Note, there shall also be paid, with respect to the portion of the Principal Balance prepaid,
the accrued and unpaid interest on the Principal Balance to be prepaid, plus any reasonable
attorneys' fees and costs. Any prepayment shall not affect the monthly payments of principal to
be made pursuant to the terms of this Note. No penalty will be imposed if Borrower elects to
prepay this Note.
(15) As provided in the Resolution and subject to certain limitations set forth therein,
this Note is only transferable upon the books of the Issuer by the Lender in person or by its agent
duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written
instrument of transfer satisfactory to the Finance Director of the Issuer, duly executed by the
Lender or its duly authorized agent. Upon such transfer the Finance Director of the Issuer will
note the date of registration and the name and address of the new registered Holder in the
registration blank appearing below. The Issuer may deem and treat the person in whose name
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this Note is last registered upon the books of the Issuer with such registration noted on this Note,
as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or
on the account of the Principal Balance, redemption price, or interest and for all other purposes,
and all such payments so made to the Lender or upon its order shall be valid and effective to
satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the
Issuer shall not be affected by any notice to the contrary.
(16) All of the agreements, conditions, covenants, provisions, and stipulations
contained in the documents described in Section 12 and any other documents securing this Note
(collectively, the "Security Documents") are hereby made a part of this Note to the same extent
and with the same force and effect as if they were fully set forth herein.
(17) This Note and interest thereon and any service charge or premium due hereunder
(payable solely from payments to be made by the Borrower under the Security Documents) do
not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation,
are not payable from or a charge upon any funds other than the revenues and proceeds pledged
to the payment thereof, and do not give rise to a pecuniary liability of the Issuer or, to the extent
permitted by law, of any of its officers, agents, or employees, and no holder of this Note shall ever
have the right to compel any exercise of the taxing power of the Issuer to pay this Note or the
interest thereon, or to enforce payment thereof against any property of the Issuer, and this Note
does not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the
Issuer, and the agreement of the Issuer to perform or cause the performance of the covenants
and other provisions herein referred to shall be subject at all times to the availability of revenues
or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to
pay all costs of such performance or the enforcement thereof.
(18) It is agreed that time is of the essence of this Note. If an Event of Default (as that
term is defined in the Loan Purchase Agreement or the Loan Agreement) shall occur, then Issuer,
upon written direction of the Lender, or the Lender shall have the right and option to declare the
Principal Balance and accrued interest thereon, immediately due and payable, whereupon the
same, plus any other amounts owing to the Lender, shall be due and payable (but shall be payable
solely from payments to be made by the Borrower under the Security Documents). Failure to
exercise such option at any time shall not constitute a waiver of the right to exercise the same at
any subsequent time.
(19) The remedies of the Lender, as provided herein and in the Security Documents,
are not exclusive and shall be cumulative and concurrent and may be pursued singly,
successively, or together, at the sole discretion of the Lender, and may be exercised as often as
occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no
event be construed as a waiver or release thereof.
(20) The Lender shall not be deemed, by any act of omission or commission, to have
waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the
Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to
one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as
to a subsequent event.
(21) This Note has been issued without registration under state or federal or other
securities laws, pursuant to an exemption for such issuance; and accordingly this Note may not
be assigned or transferred in whole or part, nor may a participation interest in this Note be given
Packet Page Number 55 of 153
G2, Attachment 3
pursuant to any participation agreement, except in accordance with the Resolution and an
applicable exemption from such registration requirements.
(22) THIS NOTE, INTEREST HEREON, AND ANY PENALTY OR CHARGE OR ANY
AMOUNTS PAYABLE HEREUNDER, OR HOWEVER DESIGNATED, IS A SPECIAL LIMITED
OBLIGATION OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES AND PROCEEDS
PLEDGED HERETO. THIS NOTE AND THE INTEREST HEREON DO NOT CONSTITUTE OR
GIVE RISE TO A PECUNIARY LIABILITY, GENERAL OR MORAL OBLIGATION OR A PLEDGE
OF THE FULL FAITH AND CREDIT OR TAXING POWER OF THE ISSUER, THE STATE OF
MINNESOTA, OR ANY POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA WITHIN
THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS AND ARE NOT
PAYABLE FROM OR A CHARGE UPON ANY FUNDS OF THE ISSUER OTHER THAN THE
REVENUES AND PROCEEDS PLEDGED BY THE ISSUER TO THE PAYMENT HEREOF AND
DO NOT GIVE RISE TO A PECUNIARY LIABILITY OF THE ISSUER OR ITS OFFICERS,
AGENTS OR EMPLOYEES AND NO HOLDER OF THIS NOTE SHALL EVER HAVE THE RIGHT
TO COMPEL ANY EXERCISE OF THE TAXING POWER OF THE ISSUER OR THE STATE OR
ANY OF ITS POLITICAL SUBDIVISIONS TO PAY THIS NOTE OR TO ENFORCE PAYMENT
HEREOF AGAINST ANY PROPERTY OF THE ISSUER OR ANY POLITICAL SUBDIVISION OF
THE STATE OF MINNESOTA. THIS NOTE DOES NOT CONSTITUTE A CHARGE, LIEN OR
ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE ISSUER, AND
THE AGREEMENT OF THE ISSUER TO PERFORM OR CAUSE THE PERFORMANCE OF THE
COVENANTS AND OTHER PROVISIONS HEREIN REFERRED TO SHALL BE SUBJECT AT
ALL TIMES TO THE AVAILABILITY OF REVENUES OR OTHER FUNDS FURNISHED FOR
SUCH PURPOSE IN ACCORDANCE WITH THE LOAN AGREEMENT SUFFICIENT TO PAY
ALL COSTS OF SUCH PERFORMANCE OR THE ENFORCEMENT HEREOF. NEITHER THE
STATE OF MINNESOTA NOR THE ISSUER NOR ANY OTHER POLITICAL SUBDIVISION OF
THE STATE OF MINNESOTA SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF THIS
NOTE OR INTEREST HEREON OR OTHER COSTS INCIDENT HERETO EXCEPT FROM
REVENUES PLEDGED THEREFOR UNDER THE LOAN AGREEMENT AND THE
ASSIGNMENT OF LOAN AGREEMENT, AS MORE FULLY SET FORTH IN THOSE
DOCUMENTS. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER, IF ANY,
OF THE ISSUER, THE STATE OF MINNESOTA, NOR ANY POLITICAL SUBDIVISION
THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THIS NOTE OR
INTEREST HEREON OR OTHER COSTS INCIDENT HERETO. THIS NOTE IS NOT A DEBT
OF THE UNITED STATES OF AMERICA OR ANY OTHER AGENCY THEREOF AND IS NOT
GUARANTEED BY THE FULL FAITH AND CREDIT OF THE UNITED STATES OF AMERICA.
THIS NOTE IS NEITHER A MORAL NOR AN ANNUAL APPROPRIATION OBLIGATION OF THE
ISSUER, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF. THE PROVISIONS OF
THIS PARAGRAPH SHALL, FOR PURPOSES OF THIS NOTE, BE CONTROLLING AND SHALL
BE GIVEN FULL FORCE AND EFFECT, ANYTHING ELSE TO THE CONTRARY IN THIS NOTE
NOTWITHSTANDING.
IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required
to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have
happened, and have been performed in regular and due form as required by law.
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G2, Attachment 3
IN WITNESS WHEREOF, the Issuer has caused this Note to be duly executed in its name
and has caused this Note to be dated as of the date first written above.
CITY OF MAPLEWOOD, MINNESOTA
By
Its Mayor
By
Its City Manager
Packet Page Number 57 of 153
G2, Attachment 3
NOTE REGISTER
The ownership of the unpaid Principal Balance of this Note and the interest accruing
thereon is registered on the books of the City of Maplewood, Minnesota, in the name of the holder
last noted below.
Name and Address Signature of
Date of Registration Registered Owner City Finance Director
Bridgewater Bank
3800 American Blvd., Suite 100
March , 2018 Bloomington, MN 55431
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LOAN AGREEMENT
between
CITY OF MAPLEWOOD, MINNESOTA
and
MAPLE POND MDG LIMITED PARTNERSHIP
Dated as of March 15, 2018
Relating to:
$[2,555,000]
City of Maplewood, Minnesota
Multifamily Housing Revenue Refunding Note
(Maple Pond Apartments Project)
Series 2018B
Except for certain reserved rights, the interest of the
Loan Agreement has been pledged and assigned t
Assignment of Loan Agreement of even date herewith
This instrument was drafted by:
Kennedy & Graven, Chartered (SEL)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
G2, Attachment 4
City of Maplewood, Minnesota in this
o Bridgewater Bank, pursuant to an
Packet Page Number 59 of 153
TABLE OF CONTENTS
G2, Attachment 4
Paqe
PARTIES............................................................................................................................. 1
ARTICLE I DEFINITIONS, EXHIBITS AND RULES OF INTERPRETATION ......................
1
Section 1.1
Definitions......................................................................................
1
Section 1.2
Rules of Interpretation....................................................................4
ARTICLE II REPRESENTATIONS......................................................................................
6
Section 2.1
Representations by the Issuer........................................................
6
Section 2.2
Representations by the Borrower ...................................................
6
ARTICLE III LOAN TO THE BORROWER..........................................................................
9
Section 3.1
Amount and Source of Loan...........................................................
9
Section 3.2
Disbursement of the Loan..............................................................
9
Section 3.3
Repayment of the Loan..................................................................
9
Section 3.4
Borrower's Obligations Unconditional ..........................................
10
Section 3.5
Borrower's Remedies...................................................................
10
Section 3.6
Administrative Fee.......................................................................
10
Section 3.7
Loan Origination Fee....................................................................
10
ARTICLE IV BORROWER'S COVENANTS......................................................................
11
Section 4.1
Financial Statements....................................................................
11
Section 4.2
Indemnity.....................................................................................
11
Section 4.3
Reports to Governmental Agencies .............................................
11
Section 4.4
Security for the Loan....................................................................
12
Section 4.5
Preservation of Tax Exemption ....................................................
12
Section 4.6
Lease or Sale of Project...............................................................
15
Section 4.7
Project Operation and Maintenance Expenses ............................
15
Section 4.8
Notification of Changes................................................................
15
Section 4.9
Maintenance of Facility as Qualified Residential Rental Project...
16
Section 4.10
Development Fee.........................................................................
16
Section 4.11
Compliance with Issuer's Private Activity Bond Policy .................
16
ARTICLE V PREPAYMENT OF LOAN..............................................................................
17
Section 5.1
Prepayment at Option of Borrower ...............................................
17
Section 5.2
Termination Upon Retirement of the Note ....................................
17
Section 5.3
Partial Prepayment.......................................................................
17
ARTICLE VI EVENTS
OF DEFAULT AND REMEDIES ....................................................
18
Section 6.1
Events of Default..........................................................................
18
Section6.2
Remedies.....................................................................................
19
Section 6.3
Disposition of Funds.....................................................................
19
Section 6.4
Manner of Exercise......................................................................
19
Section 6.5
Attorneys' Fees and Expenses .....................................................
19
Section 6.6
Effect of Waiver............................................................................
19
ARTICLE VII GENERAL.................................................................................................... 20
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G2, Attachment 4
Section7.1
Notices.........................................................................................
20
Section 7.2
Binding Effect...............................................................................
21
Section 7.3
Severability..................................................................................
21
Section 7.4
Amendments, Changes and Modifications........................................21
Section 7.5
Execution Counterparts.....................................................................21
Section 7.6
Limitation of Issuer's Liability.............................................................21
Section 7.7
Issuer's Attorneys' Fees and Costs...................................................21
Section7.8
Release.............................................................................................22
Section 7.9
Audit Expenses.................................................................................22
Section 7.10
Assignment by Issuer and Survivorship of Obligations ......................22
Section 7.11
Required Approvals...........................................................................22
Section 7.12
Nature of Borrower's Obligation........................................................22
Section 7.13
HUD Required Provisions.................................................................22
SIGNATURES.......................................................................................................................S-1
EXHIBIT A — LEGAL DESCRIPTION.....................................................................................A-1
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G2, Attachment 4
LOAN AGREEMENT
This Loan Agreement, dated as of March 15, 2018 (the "Agreement"), is made and
entered into by and between the City of Maplewood, Minnesota, a statutory city, municipal
corporation, and political subdivision duly organized and existing under the Constitution and
laws of the State of Minnesota (the "Issuer" or "City"), and Maple Pond MDG Limited
Partnership, a Minnesota limited partnership (the "Borrower").
RECITALS
WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the "Act"), authorizes
the Issuer to issue revenue obligations to finance the acquisition, construction, rehabilitation,
and equipping of multifamily housing developments; and
WHEREAS, the Issuer will issue the Multifamily Housing Revenue Refunding Note
(Maple Pond Apartments Project), Series 2018B, in the principal amount not to exceed
$[2,555,000] pursuant to this Loan Agreement, a resolution adopted by the City Council of
the Issuer on February 26, 2018 and the Act; and
WHEREAS, the Note will be purchased by Bridgewater Bank, a Minnesota banking
corporation (the "Lender"); and
WHEREAS, the Borrower agrees to be absolutely and unconditionally obligated to
repay the Loan together with interest thereon, at times and in amounts sufficient to pay when
due the principal of and interest on the Note; and
NOW THEREFORE, the Issuer and the Borrower each in consideration of the
representations, covenants and agreements of the other as set forth herein, mutually
represent, covenant and agree as follows:
ARTICLE I
DEFINITIONS, EXHIBITS AND RULES OF INTERPRETATION
Section 1.1. Definitions. In this Agreement the following terms have the following
respective meanings unless the context hereof clearly requires otherwise:
Act: Minnesota Statutes, Chapter 462C, as amended.
Agreement: this Loan Agreement, dated as of March 15, 2018, between the Issuer
and the Borrower, as the same may from time to time be amended or supplemented as herein
provided.
Assignment of Loan Agreement: the Assignment of Loan Agreement, dated as of
March 15, 2018, between the Issuer and the Lender, assigning the Issuer's interest in the
Agreement (except for certain retained rights) to the Lender to the extent provided therein.
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G2, Attachment 4
Bond Counsel: the firm of Kennedy & Graven, Chartered of Minneapolis, Minnesota,
or any other firm of nationally -recognized bond counsel experienced in tax-exempt bond
financing acceptable to the Issuer, and any opinion of Bond Counsel shall be a written opinion
signed by such Bond Counsel.
Borrower: Maple Pond MDG Limited Partnership, a Minnesota limited partnership, its
successors and assigns, and any surviving, resulting, or transferee business entity which
may assume its obligations in accordance with the provisions of this Agreement.
Borrower Tax Certificate: the Borrower Tax Certificate, dated the date of Closing,
executed and delivered by the Borrower in connection with the issuance of the Note.
Building: an approximately 168 -unit multifamily rental housing development located at
1854 Beebe Road in the City to be acquired and rehabilitated or constructed, in part, with the
proceeds of the Note and comprising a portion of the Improvements.
City: the City of Maplewood, Minnesota.
Closing: March [15], 2018, which is the date there is physical delivery of the Note to
the Lender.
Code: the Internal Revenue Code of 1986, as amended, and the Treasury Regulations
promulgated thereunder.
Construction Costs: all direct costs authorized by the Act and paid or incurred by the
Borrower to acquire the Land, rehabilitate and complete the Improvements, and acquire and
install the Equipment, including, but not limited to, interest on the Note during rehabilitation,
site preparation costs, architectural fees, engineering fees, contractor's fees, and all costs of
labor, material, and services.
Combined Bonds: collectively, the Series 2018A Bonds and the Note.
Counsel: an attorney designated by or acceptable to the Lender, duly admitted to
practice law before the highest court of any state; and an attorney for the Borrower or the
Issuer may be eligible for appointment as Counsel.
Date of Taxability: this term shall have the meaning ascribed to it in Section 4.5(2)
hereof.
Determination of Taxability: this term shall have the meaning ascribed to it in
Section 4.5(2) hereof.
Equipment: any and all machinery, equipment, furniture, and other tangible personal
property purchased or to be purchased by the Borrower with the proceeds of the Loan.
Event of Default: any of the events described in Section 6.1 hereof.
FHA: the Federal Housing Administration.
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G2, Attachment 4
FHA Insured Mortgage Loan: the mortgage loan in the original principal amount of
$[ 1 to be advanced by the FHA Lender to the Borrower and insured by FHA under
Section 221(d)(4) of the National Housing Act, as amended.
FHA Lender: Dougherty Mortgage LLC, a Delaware limited liability company, its
successors and assigns.
General Partner: Maple Pond MDG LLC, a Minnesota, a Minnesota limited liability
company, its successors and assigns.
Guarantors: Harold Teasdale, an individual, and Matt Teasdale, an individual;
Guaranties: collectively, each of the Guaranty agreements, dated as of the date
hereof, by the Guarantors, respectively, in favor of the Lender, as each may be amended
from time to time;
HUD: the United States Department of Housing and Urban Development.
HUD Regulatory Agreement: the Regulatory Agreement for Multifamily Projects dated
as of March 1, 2018 between the Borrower and HUD, related to the FHA Insured Mortgage
Loan.
Improvements: the acquisition and rehabilitation of 168 units of multifamily rental
apartments, and facilities functionally related and subordinate thereto, commonly known as Maple
Pond Apartments, located at 1854 Beebe Road in the City and any equipment or tangible
personal property to be constructed or installed by the Borrower, in accordance with the plans
and specifications approved by the Lender.
Issuance Expenses: shall mean any and all costs and expenses relating to the
issuance, sale, and delivery of the Note, including, but not limited to, any fees of the Lender,
all fees and expenses of legal counsel, financial consultants, feasibility consultants, and
accountants, any fee to be paid to the Issuer, the preparation and printing of the Related
Documents, and all other expenses relating to the issuance, sale, and delivery of the Note
and any other costs which are treated as "issuance costs" within the meaning of Section
147(g) of the Code.
Issuer: the City of Maplewood, a statutory city, municipal corporation, and political
subdivision duly organized and existing under the Constitution and laws of the State of
Minnesota, its successors or assigns.
Land: the real property and any other easements and rights described in Exhibit A
hereto.
Lender: Bridgewater Bank, a Minnesota banking corporation, its successors and
assigns.
Loan: the loan from the Issuer to the Borrower of the proceeds derived from the sale
of the Note pursuant to the terms of this Agreement, as described in Section 3.1 of this
Agreement.
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G2, Attachment 4
Loan Purchase Agreement: the Loan Purchase Agreement, dated March 15, 2018,
between the Borrower and the Lender, together with any amendment thereto.
Note Register: the records kept by the Issuer to provide for the registration of transfer
of ownership of the Note.
Note: the Series 2018B Note.
Partnership Agreement: the Amended and Restated Agreement of Limited Partnership
of the Borrower, dated , 20_, as amended, modified, supplemented or restated
from time to time, or any agreement entered into in substitution therefor.
Principal Balance: so much of the principal sum of the Note as from time to time
remains unpaid.
Prior Note: the Multifamily Housing Revenue Note (Maple Pond Apartments Project),
Series 2017, issued by the Issuer on December 4, 2017 in the principal amount of
$11,200,000 to be refunded with the proceeds of the Combined Bonds.
exist.
Project: the Land, Building, Improvements, and Equipment as they may at anytime
Project Costs: the total of all Construction Costs and Issuance Expenses.
Regulatory Agreement: the Regulatory Agreement, dated as of March 1, 2018,
between the Issuer, the Borrower, and the Trustee, relating to the Project.
Rehabilitation Expenditures: means any amount properly chargeable to capital
account which is incurred by the Borrower (excluding any expenditure described in Section
47(c)(2)(B) of the Code) in connection with the rehabilitation of the Building.
Related Documents: this Loan Agreement, the Assignment of Loan Agreement, the
Loan Purchase Agreement, the Regulatory Agreement, the Security Documents, the
Guaranties, and all other documents securing the Note or the Borrower's obligations under
this Agreement.
Resolution: the resolution of the governing body of the Issuer, adopted February 26,
2018, authorizing the issuance of the Note, together with any supplement or amendment
thereto.
Security Documents: an Assignment of Capital Contributions, a Collateral Assignment
of Contract Rights, dated the date hereof, from Borrower to the Lender; and A Pledge
Agreement of Escrow Account by in favor of Lender.
Series 2018A Bonds: the Multifamily Housing Revenue Refunding Bonds (Maple
Pond Apartments Project), Series 2018A to be issued by the Issuer pursuant to the
Resolution in the principal amount not to exceed $[8,645,000].
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G2, Attachment 4
Series 2018B Note: the Multifamily Housing Revenue Refunding Note (Maple Pond
Apartments Project), Series 2018B, to be issued by the Issuer pursuant to the Resolution in
the principal amount not to exceed $[2,555,000].
State: the State of Minnesota.
Treasury Regulations: all proposed, temporary, or permanent federal income tax
regulations then in effect and applicable.
Trustee: U.S. Bank National Association, a national banking association, and any co -
trustee or successor trustee appointed, qualified and then acting as such under the provisions of
the Trust Indenture related to the Series 2018A Bonds.
Section 1.2. Rules of Interpretation.
(1) This Agreement shall be interpreted in accordance with and governed by the laws
of the State of Minnesota.
(2) The words "herein" and "hereof' and words of similar import, without reference to
any particular section or subdivision, refer to this Agreement as a whole rather than to any
particular section or subdivision hereof.
(3) References herein to any particular section or subdivision hereof are to the section
or subdivision of this instrument as originally executed.
(4) Where the Borrower is permitted or required to do or accomplish any act or thing
hereunder, the Borrower may cause the same to be done or accomplished with the same force
and effect as if done or accomplished by the Borrower.
(5) The Table of Contents and titles of articles and sections herein are for convenience
only and are not a part of this Agreement.
(6) Unless the context hereof clearly requires otherwise, the singular shall include the
plural and vice versa and the masculine shall include the feminine and vice versa.
(7) Articles, sections, subsections and clauses mentioned by number only are those
so numbered which are contained in this Agreement.
(8) References to the Note as "tax exempt" or to the "tax exempt status of the Note"
are to the exclusion of interest on the Note from gross income pursuant to Section 103(a) of the
Code, except during any period the Note is held by a "substantial user" or "related person,"
irrespective of such forms of taxation as the alternative minimum tax or branch profits tax on
foreign corporations, as is consistent with the approach taken in Section 59(i) of the Code.
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G2, Attachment 4
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by the Issuer. The Issuer makes the following
representations as the basis for its covenants herein:
(1) The Issuer is a home rule charter city and municipal corporation organized
and existing under the Constitution and laws of the State and is authorized to issue the
Note pursuant to the Act.
(2) To the actual knowledge of the undersigned, without inquiry or
investigation, there is no pending or threatened suit, action, or proceeding against the
Issuer before any court, arbitrator, administrative agency, or other governmental authority
that challenges the execution and delivery by the Issuer of the Note, this Loan Agreement,
the Assignment of Loan Agreement, or the Regulatory Agreement (collectively, the "Issuer
Documents").
(3) To the actual knowledge of the undersigned, without inquiry or
investigation, the execution and delivery of the Issuer Documents will not constitute a
breach of or default under any existing (a) provisions of any special legislative act relating
to the establishment of the Issuer, or (b) agreement, indenture, mortgage, lease, or other
instrument to which the Issuer is a party or by which it is bound.
(4) No proceeding of the Issuer for the issuance and delivery of the Note or the
execution and delivery of the Issuer Documents has been repealed, rescinded, amended,
or revoked.
(5) The Note is issued as a "qualified residential rental bond" within the
meaning of Section 142(a)(7) of the Code.
(6) The Issuer has received an allocation of tax exempt bonding authority for
the Note pursuant to Minnesota Statutes, Chapter 474A.
Section 2.2. Representations by the Borrower. The Borrower makes the following
representations as the basis for its covenants herein:
(1) The Borrower is a limited partnership duly organized under the laws of
the State, is in good standing and duly authorized and qualified to conduct its business
in the State and all other states where its activities require such authorization, has
power to enter into the Related Documents to which it is a party and to use the Project
for the purpose set forth in this Agreement and by proper corporate action has
authorized the execution and delivery of the Related Documents to which it is a party.
(2) The General Partner is a limited liability company duly organized under
the laws of the State, is in good standing and duly authorized and qualified to conduct
its business in the State, is duly authorized to conduct its business in all states where
its activities require such authorization, and by proper corporate action is authorized
to enter into the Partnership Agreement.
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G2, Attachment 4
(3) The execution and delivery of the Related Documents to which it is a
party, the consummation of the transactions contemplated hereby and thereby, and
the fulfillment of the terms and conditions thereof do not and will not conflict with or
result in a breach of any of the terms or conditions of the Borrower's organizational
documents, any restriction or any agreement or instrument to which the Borrower or
any of its partners is now a party or by which it is bound or to which any property of
the Borrower is subject, and do not and will not constitute a default under any of the
foregoing or, to the best of the Borrower's knowledge, a violation of any order, decree,
statute, rule or regulation of any court or of any state or federal regulatory body having
jurisdiction over the Borrower or its properties, including the Project, and do not and
will not result in the creation or imposition of any lien, charge, or encumbrance of any
nature upon any of the property or assets of the Borrower contrary to the terms of any
instrument or agreement to which the Borrower is a party or by which it is bound.
(4) The design and plan of the Project comprise a multifamily residential
rental housing development, as contemplated by the Act; and subject to the other
provisions of this Agreement, it is presently intended and reasonably expected that
any equipment purchased from the proceeds of the Note will be permanently located
and exclusively used on the Land and that the Borrower will operate the Project on
the Land throughout the term of this Agreement in the normal conduct of the
Borrower's business;
(5) The Note is to be issued within the exemption provided under Sections
142(a)(7) and 142(d) of the Code with respect to a "qualified residential rental project"
(as defined in the Code), and at least 95% of the net proceeds of the Note will be used
for expenditures chargeable to the capital account of the Project.
(6) 100% of the apartment units in the Project will be eligible for low income
housing tax credits under Section 42 of the Code.
(7) There is public access to the Project; and, as of the date hereof, the use
of the Project as designed and proposed to be operated complies, in all material
respects, with all presently applicable development, pollution control, water
conservation, and other laws, regulations, rules, and ordinances of the federal
government and the State of Minnesota and the respective agencies thereof and the
political subdivisions in which the Project is located. All necessary and material
approvals of and licenses, permits, consents, and franchises from federal, state,
county, municipal, or other governmental authorities having jurisdiction over the
Project have been or will be obtained to acquire, construct, install, and operate the
Project and the Borrower has obtained all necessary approvals to enter into, execute,
and perform its obligations under the Related Documents.
(8) The transferred, unspent proceeds of the Prior Note, together with any
other funds to be contributed to the Project by the Borrower or otherwise in accordance
with this Agreement, shall be sufficient to pay the costs of completing the Project, and
all costs and expenses incidental thereto, and the proceeds of the Note and the Prior
Note shall be used only for the purposes contemplated hereby and allowable under
the Act.
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G2, Attachment 4
(9) The Borrower is not in the trade or business of selling properties such
as the Project and is rehabilitating the Project for investment purposes only or
otherwise for use by the Borrower in its trade or business, and therefore the Borrower
has no intention now or in the foreseeable future to voluntarily sell, surrender, or
otherwise transfer, in whole or part, its interest in the Project, except pursuant to a
mortgage.
(10) There are no actions, suits, or proceedings pending or, to the
knowledge of the Borrower, threatened against or affecting the Borrower or any
property of the Borrower in any court or before any federal, state, municipal, or other
governmental agency, which, if decided adversely to the Borrower would have a
material adverse effect upon the Borrower or upon the business or properties of the
Borrower; and the Borrower is not in default with respect to any order of any court or
governmental agency.
(11) The Borrower is not in default in the payment of the principal of or
interest on any indebtedness for borrowed money nor in default under any instrument
or agreement under and subject to which any indebtedness for borrowed money has
been issued.
(12) The Borrower has filed all federal and state income tax returns which,
to the knowledge of the General Partner of the Borrower, are required to be filed and
has paid all taxes shown on said returns and all assessments and governmental
charges received by the Borrower to the extent that they have become due.
(13) No public official of the Issuer has either a direct or indirect financial
interest in this Agreement nor will any public official either directly or indirectly benefit
financially from this Agreement within the meaning of Minnesota Statutes, Section
412.311, as amended, and Minnesota Statutes, Section 471.87, as amended.
(14) The Borrower has approved the terms and conditions of the Note.
(15) The Borrower will comply with all provisions of the Act, including without
limitation any notice and filing requirements imposed under the Act.
(16) The Borrower has not knowingly taken or permitted to be taken and will
not knowingly take or permit to be taken any action which would have the effect,
directly or indirectly, of causing interest on any of the Note to be included in the gross
income of the owners thereof for purposes of federal income taxation.
(17) No obligations, other than the Combined Bonds, have been or will be
issued under Section 103 of the Code which are sold at substantially the same time
as the Note, pursuant to the same plan of financing, which are reasonably expected
to be paid out of substantially the same source of funds as the Note.
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ARTICLE III
LOAN TO THE BORROWER
Section 3.1. Amount and Source of Loan. The Issuer has authorized the issuance
of the Note and the loan of the proceeds thereof to the Borrower to refund the Prior Note, the
transferred proceeds of which are to be applied to the payment of Project Costs. The Issuer
agrees to lend to the Borrower, upon the terms and conditions set forth herein and in the
Note, the proceeds of the Note by causing such sums to be advanced to the Borrower upon
satisfaction of all terms and conditions set forth herein and in the Loan Purchase Agreement
and the Related Documents.
Section 3.2. Disbursement of the Loan. Pursuant to this Agreement and the Act, the
Issuer has authorized the Borrower to provide directly for the financing of the Project in such
manner as determined by the Borrower and hereby authorizes the Lender to advance the
entire proceeds of the Note to refund the Prior Note, the unspent transferred proceeds of
which will be deposited in the Project Fund established under the Trust Indenture related to
the Series 2018A Bonds and disbursed by the Trustee to pay Project Costs. Prior to any
advance of the proceeds of the Note, the Borrower shall deliver to the Lender executed
copies of the following:
(1) The Note.
(2) This Agreement.
(3) The Assignment of Loan Agreement.
(4) The Regulatory Agreement.
(5) The Guaranties.
(6) The approving resolutions of the Borrower and the General Partner.
(7) Certificate of good standing for the Borrower and the General Partner
of recent date issued by the Secretary of State of Minnesota.
(8) Copies of the organizational documents of the Borrower and the
General Partner, certified by the Secretary of State of Minnesota, (together with copies
of all amendments thereto) certified by the Borrower and the General Partner, to be
true and correct copies of such instruments.
(9) An opinion of Bond Counsel to the effect that the Issuer has duly
authorized the Note and that the interest thereon is exempt from federal income
taxation and subject to other conditions acceptable to the Lender.
(10) Any other items reasonably required by the Lender.
Section 3.3. Repayment of the Loan. Subject to the prepayment provisions set forth
in Sections 5.1 and 5.2 and in the Note, the Borrower agrees to repay the Loan by making
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all payments of principal, interest, redemption price, and any premium, penalty, or charge
that are required to be made by the Issuer under the Note at the times and in the amounts
provided therein. All payments shall be made directly to the Lender for the account of the
Issuer. The Borrower shall also pay the reasonable fees and expenses of the Issuer,
including the Issuer's administrative fee and the reasonable fees and expenses of the
Issuer's counsel in connection with issuance of the Note. Notwithstanding anything to the
contrary, for so long as HUD is the holder or insurer of a loan encumbering the Project, all
payments on the Loan shall be made solely from the collateral pledged under the Security
Documents securing the Loan, from the Guaranties, from insurance proceeds or from
"Surplus Cash" as defined in the HUD Regulatory Agreement. No claims shall be made
under this Loan Agreement against the Project, FHA Lender, the Borrower, except for claims
related to collateral pledged under the Security Documents securing the Loan, proceeds of
the FHA Insured Mortgage Loan, or any reserves or deposits required by HUD in connection
with the Project, or the rents or deposits or other income of the Project.
Section 3.4. Borrower's Obligations Unconditional. All payments required of the
Borrower hereunder shall be paid without notice or demand and without setoff, counterclaim,
abatement, deduction, or defense. The Borrower will not suspend or discontinue any
payments, and will perform and observe all of its other agreements in this Agreement, and,
except as expressly permitted herein, will not terminate this Agreement for any cause,
including but not limited to any acts or circumstances that may constitute failure of
consideration, destruction or damage to the Project, eviction by paramount title, commercial
frustration of purpose, bankruptcy or insolvency of the Issuer or the Lender, change in the
tax or other laws or administrative rulings or actions of the United States of America or of the
State of Minnesota or any political subdivision thereof, or failure of the Issuer to perform and
observe any agreement, whether express or implied, or any duty, liability, or obligation arising
out of or connected with this Agreement, the Assignment of Loan Agreement, or the Note.
Section 3.5. Borrower's Remedies. Nothing contained in this Article shall be
construed to release the Issuer from the performance of any of its agreements in this
Agreement.
Section 3.6. Administrative Fee. The Issuer acknowledges that it has received from
the Borrower an administrative fee equal to one percent (1 %) of the aggregate principal amount
of the Combined Bonds, not exceeding $28,600.00. The administrative fee is not pledged to
payment of the Combined Bonds and may be used by the Issuer for any proper purpose.
Section 3.7. Loan Origination Fee. The Borrower agrees to pay to the Lender a loan
origination fee of (representing 1% of the total principal amount of the Note)
payable on the date of the Closing.
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ARTICLE IV
BORROWER'S COVENANTS
Section 4.1. Financial Reporting. The Borrower will deliver to the Lender financial
information of the Borrower upon such terms and conditions as are imposed by the terms of
the Loan Purchase Agreement.
Section 4.2. Indemnity. The Borrower will, to the extent permitted by law, pay, and
will protect, indemnify, and save the Issuer, its officers, agents, and employees harmless
from and against all liabilities, losses, damages, costs, expenses (including reasonable
attorneys' fees and expenses), causes of action, suits, claims, demands, and judgments of
any nature (collectively, "Losses") arising from:
(1) any injury to or death of any person or damage to property in or upon
the Project or growing out of or connected with the use, non-use, condition, or
occupancy of the Project or a part thereof;
(2) violation of any agreement or condition of this Agreement, except by
the Issuer;
(3) violation of any contract, agreement, or restriction by the Borrower
relating to the Project;
(4) violation of any law, ordinance, or regulation affecting the Project or a
part thereof or the ownership, occupancy, or use thereof, or arising out of this
Agreement, the Note, or the transactions contemplated thereby, including any
requirements imposed on the Lender as a financial institution or any disclosure or
registration requirements imposed by any federal or state securities law; and
(5) any statement or information relating to the expenditure of the proceeds
of the Note or the Prior Note contained in the Borrower Tax Certificate or similar
document furnished by the Borrower to the Issuer which, at the time made, is
misleading, untrue, or incorrect in any material respect.
Notwithstanding the foregoing, the Borrower shall not be responsible for any Losses arising
from the willful misconduct or gross negligence of the Issuer, its officers, agents, or
employees. Further, the Borrower's source of payment of any indemnification costs found
under this Section 4.2, for so long as HUD is the insurer or holder of a loan encumbering the
Project will be limited to available liability insurance proceeds, collateral pledged under the
Security Documents securing the Loan, from the Guaranties, and/or Surplus Cash, as such
term is defined in the Regulatory Agreement for Multifamily Projects by and between the
Borrower and HUD.
Section 4.3. Reports to Governmental Agencies. The Borrower will furnish to
agencies of the State of Minnesota, including but not limited to the Minnesota Housing
Finance Agency, such periodic reports or statements as are required under the Act or
Minnesota Statutes, Chapter 474A, as amended, or as they may otherwise reasonably
require of the Issuer or the Borrower throughout the term of this Agreement in connection
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with the transaction contemplated herein; provided, however, the Issuer shall promptly notify
the Borrower of any reports or statements being required by agencies of the State of which
the Issuer has received notice to allow the Borrower a reasonable and adequate amount of
time to prepare and submit any such reports or statements. Copies of such reports will be
provided, upon request, to the Issuer and, upon request, to the Lender.
Section 4.4. Security for the Loan. As additional security for the Loan, and to induce
the Issuer to issue and deliver the Note, the Borrower agrees to execute and deliver the
Related Documents and such other documents reasonably requested by the Issuer, the
Lender, or Counsel, in such places and in such manner as the Issuer, the Lender, or Counsel
deems necessary or desirable to perfect or protect the security interest of the Lender in and
to the Project and other collateral referred to in such documents; provided that no such
instruments or acts shall change the economic terms of the transactions described herein or
expand the liabilities of the parties hereunder without the consent of all the parties hereto.
Section 4.5. Preservation of Tax Exemption.
(1) In order to ensure that interest on the Note shall at all times be excludable from
gross income for federal income tax purposes, the Borrower represents, warrants, and
covenants with the Issuer and the Lender that it will comply with the applicable provisions of
Section 103 and Sections 141 through 150 of the Code and applicable Treasury Regulations
promulgated thereunder as follows:
(a) The Borrower will have acquired title to the Land on or before the date
of delivery of the Note and no more than 25% of the net proceeds of the Combined
Bonds or the Prior Note will be allocated to the acquisition of the land; the Project will
continue to be owned and operated by the Borrower, except as provided in Section
4.6, and in no event will the Project be managed in a manner that would cause
interest on the Note to be includable in gross income for federal income tax purposes.
(b) The Borrower will fulfill all continuing conditions specified in Section 142
of the Code and Section 1.103-8(b) of the Treasury Regulations applicable
thereunder, to qualify the Note as an "exempt facility bond" issued to provide a
"qualified residential rental project" thereunder and to qualify the Project as a
"qualified residential rental project" thereunder; and the Borrower shall fulfill its
obligations under the Regulatory Agreement.
(c) At least 95% of the net proceeds of the Combined Bonds will be used
to finance costs properly chargeable to the capital account of a "qualified residential
rental project," and functionally related and subordinate property thereto, within the
meaning of Section 142(d) of the Code, and Rehabilitation Expenditures with respect
to the Building shall equal or exceed 15% of the portion of the cost of acquiring the
Building financed with the proceeds of the Combined Bonds and such Rehabilitation
Expenditures shall be incurred on or before the date that is 2 years after the later of:
(i) the date on which the Building was acquired by the Borrower; or (ii) the date on
which the Note was issued.
(d) The Borrower understands that the Code imposes a penalty for failure
to file with the Secretary of the Treasury an annual certification of compliance with
low income occupancy requirements (currently under an Annual Certification of a
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Residential Rental Project, Form 8703 (Rev. September 2013)), and if the
requirements for a "qualified residential rental project" are not met, does not allow
deduction for interest paid on the Note which accrues during the period beginning on
the first day of the taxable year in which the Project ceases to meet such
requirements and ending on the date the Project again meets such requirements.
(e) In order to qualify the Combined Bonds and this Agreement under the
"governmental program" provisions of Section 1.148-2(d)(2)(iii) of the Treasury
Regulations, the Borrower (and any "related person" thereto) will take no action the
effect of which would be to disqualify this Agreement as a "program investment"
under Section 1.148-1(b), including but not limited to entering into any arrangement,
formal or informal, for the Borrower or any related person to purchase any obligations
that finance the program in an amount related to the amount of the Agreement.
(f) The Borrower has not paid or incurred any costs (except for "preliminary
expenditures" (within the meaning of Treasury Regulations, Section 1.150-2(f)(2)) for
the Project, including engineering or architectural expenses and similar preparatory
expenses, which in the aggregate do not exceed 20% of the aggregate "issue price"
of the Combined Bonds, or expenditures in the de minimis amount of $100,000 (as
defined in Treasury Regulations, Section 1.150-2(f)(1)) to be reimbursed from
proceeds of the Note before the date 60 days before July 10, 2017, the date of
adoption by the City Council of the City on behalf of the Issuer of a preliminary
resolution which complies with the provisions of Treasury Regulations, Section
1.150-2(d) and (e), as a written declaration of official intent to reimburse
expenditures.
(g) The weighted average maturity of the Note will not exceed the
estimated economic life of the Project by more than 20%, all within the meaning of
Section 147(b) of the Code.
(h) While the Note remains outstanding, no portion of the proceeds of the
Note or the Prior Note will be used to provide any airplane, skybox or other private
luxury box, any facility primarily used for gambling, or a store, the principal business
of which is the sale of alcoholic beverages for consumption off premises.
(i) Any Issuance Expenses financed by the Note shall not exceed 2% of
the proceeds of the Combined Bonds. Except as permitted by Treasury Regulations
1.148-6(d)(3)(ii), none of the proceeds of the Note will be used for working capital
purposes.
Q) The Borrower agrees it will not use the proceeds of the Note or the Prior
Note in such manner as to cause the Note or the Prior Note to be an "arbitrage bond"
within the meaning of Section 148 of the Code and applicable Treasury Regulations.
(k) The Borrower, on behalf of the Issuer, shall pay to the United States,
as a rebate, an amount equal to the sum of (A) the excess of (i) the aggregate amount
earned on all nonpurpose investments (other than investments attributable to an
excess described in this clause), over (ii) the amount which would have been earned
if all nonpurpose investments were invested at a rate equal to the yield on the
Combined Bonds, plus (B) any income attributable to the excess described in
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clause (A), at the times and in the amounts required by Section 148(f) of the Code
and applicable Treasury Regulations, all within the meaning of Section 148(f) of the
Code and applicable Treasury Regulations. The Borrower shall maintain records of
the interest rate borne by the Combined Bonds and earnings thereon in adequate
detail to enable the Borrower to calculate the amount of any rebate required to be
made to the United States at times and in installments which satisfy Section 148(f)
of the Code and applicable Treasury Regulations, at least once every 5 years and
within 60 days after the day on which the Combined Bonds are paid in full.
Calculations of the amount to be rebated shall be made at least once every 5 years
(or at such other times as may be required by Section 148(f) of the Code and
applicable Treasury Regulations) and the Lender shall be furnished with such
calculations within 60 days of the time they are made. If the Lender is not furnished
with such calculations, the Lender may undertake to have such calculations made at
the expense of the Borrower. Such calculations shall be retained until 6 years after
the Combined Bonds are paid in full. The rebate shall be calculated as provided in
Section 148(f) of the Code and Treasury Regulations, Sections 1.148-0 through
1.148-9, including taking into account the gain or loss on the disposition of
nonpurpose investments. The Borrower shall acquire, and shall cause the Lender to
acquire, all nonpurpose investments at their fair market value in arm's length
transactions.
(1) The Borrower has not leased, sold, assigned, granted, or conveyed and
will not lease, sell, assign, grant, or convey all or any portion of the Project or any
interest therein to the United States, or any agency or instrumentality thereof, within
the meaning of Section 149(b) of the Code.
(m) In addition to the Combined Bonds, no other obligations have been or
will be issued under Section 103 of the Code which are sold at substantially the same
time as the Combined Bonds pursuant to a common plan of marketing and at
substantially the same rate of interest as the Combined Bonds and which are payable
in whole or part by the Borrower or otherwise have with the Combined Bonds any
common or pooled security for the payment of debt service thereon, or which are
otherwise treated as the same "issue of obligations" as the Combined Bonds under
Treasury Regulations, Section 1.50(1)(c)(1).
(n) The Borrower will observe the requirements of this Agreement with
respect to the obligations imposed by applicable provisions of the Code and the
representations, warranties, covenants, and requirements of the Borrower Tax
Certificate.
(o) No proceeds of the Note or the Prior Note shall be invested in
investments which cause the Note to be federally guaranteed within the meaning of
Section 149(b) of the Code.
(p) The Borrower will not otherwise use proceeds of the Note or the Prior
Note, or take or fail to take any action, the effect of which would be to impair the
exclusion of interest on the Note from gross income for federal income tax purposes.
(2) For the purpose of this Section, a "Determination of Taxability" shall mean the
issuance of a statutory notice of deficiency by the Internal Revenue Service, or a ruling of the
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National Office or any District Office of the Internal Revenue Service, or a final decision of a
court of competent jurisdiction, or a change in any applicable federal statute, which holds or
provides in effect that the interest payable on a Note is included, for federal income tax
purposes under Section 103 of the Code, in the gross income of the Lender or any other
holder or prior holder of such Note, if the period, if any, for contest or appeal of such action,
ruling, or decision by the Borrower or Lender or any other interested party has expired without
any such contest or appeal having been properly instituted by the Lender, the Borrower, or
any other interested party. The expenses of any such contest shall be paid by the party
initiating the contest, and neither the Lender nor the Borrower shall be required to contest or
appeal any Determination of Taxability. The "Date of Taxability" shall mean that point in time,
as specified in the determination, ruling, order, or decision, that the interest payable on a
Note becomes included in the gross income of the Lender or any other holder or prior holder
of such Note, as the case may be, for federal income tax purposes.
(3) If the Lender receives notice of a "Determination of Taxability" with respect to
the Note and delivers to the Borrower a copy of that notice, the rate of interest on the Note
shall be automatically adjusted and additional charges shall be paid as provided in the Note
and the Borrower shall be obligated to pay the same as provided in Section 3.4 herein.
(4) If the Borrower becomes aware of a Determination of Taxability it will promptly
give notice of such Determination of Taxability to the Issuer and the Lender.
Section 4.6. Lease or Sale of Project. Except as permitted under the terms of the
Loan Purchase Agreement, the Borrower shall not lease, sell, convey, or otherwise transfer
the Project, in whole or part, without first securing the written consent of the Lender; provided
that in no event shall any lease, transfer, assignment, or sale be permitted if the effect thereof
would be to cause the Note to be deemed issued in violation of the requirement under Section
142(a) of the Code, and the Treasury Regulations promulgated thereunder, that substantially
all of the net proceeds of the Note and the Prior Note be used to provide a qualified residential
rental project, or under the Act that no portion of the Project to be financed or refinanced from
proceeds of the Note or the Prior Note be acquired in whole or part for sale, nor shall any
such transaction be permitted if the effect thereof would otherwise be to impair the validity or
the tax-exempt status of the Note, nor shall any such transaction release the Borrower of any
of its obligations under this Agreement. The Borrower shall promptly notify the Issuer and
the Lender of any such sale, transfer, assignment, or lease. Nothing contained in this Section
shall prohibit the Borrower from (a) entering into leases with residential tenants in the ordinary
course of business, or (b) entering into easement or other agreements necessary for the
operation of the Project. Any transfer of any interest in the Borrower shall require the consent
of the Lender, which shall not be unreasonably withheld, delayed or conditioned.
Section 4.7. Project Operation and Maintenance Expenses.
(1) The Borrower shall pay all expenses of the operation and maintenance of the
Project including, but without limitation, adequate insurance thereon and insurance against
all liability for injury to persons or property arising from the operation thereof and all taxes
and special assessments levied upon or with respect to the Project and payable during the
term of this Agreement, all in conformance with the provisions of the Loan Purchase
Agreement.
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(2) The Project shall not be used for purposes which violate any federal, State or
other laws prohibiting discrimination in access or employment based on race, creed, sex,
handicap, ethnic origin, age or marital status.
Section 4.8. Notification of Changes. The Borrower covenants and agrees that it will
promptly notify the Issuer and the Lender of:
(1) any litigation which might materially and adversely affect the Borrower
and any of its properties;
(2) the occurrence of any Event of Default under this Agreement the
occurrence of any "Event of Default" under the Related Documents or any other loan
agreement, debenture, note, purchase agreement, or other agreement providing for
the borrowing of money by the Borrower or any event of which the Borrower has
knowledge and which, with the passage of time or giving of notice, or both, would
constitute an Event of Default under this Loan Agreement or an "Event of Default"
under the Related Documents or such other agreements; and
(3) any material adverse change in the operations, business, properties,
assets, or conditions, financial or otherwise, of the Borrower.
Section 4.9. Maintenance of Facility as Qualified Residential Rental Project. The
Borrower covenants that following its acquisition and rehabilitation of the Project and subject
to the provisions of any recorded document amending, terminating, or deleting such
covenants, the Project is to be owned, operated, and managed as a "qualified residential
rental project" within the meaning of Section 142(d) of the Code. To that end, the Borrower
further represents, covenants and agrees that it shall fulfill its obligations under the
Regulatory Agreement.
Section 4.10. Development Fee. The Issuer agrees to waive its policy on maximum
development fee limits; provided that any development fee payable to the Borrower or its Affiliates
(the "Developer Fee") shall not exceed 15% of the total development costs of the Project as
certified by the Developer to the Issuer upon completion of the Project net of the Developer Fee,
construction management fee and capitalized reserves. The Borrower represents, warrants and
agrees with the Issuer that a significant portion of the Developer Fee will be deferred and paid
only from Surplus Cash (as defined in the Regulatory Agreement for Multifamily Projects by and
between the Borrower and HUD).
Section 4.11. Compliance with Issuer's Private Activity Bond Policy. The Borrower
agrees to comply with the Issuer's post -issuance compliance policy related to tax-exempt
financing.
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ARTICLE V
PREPAYMENT OF LOAN
Section 5.1. Prepayment at Option of Borrower. The Borrower may at its option
prepay the Loan, in whole or in part, by prepaying a like amount of the Principal Balance of
the Note, but only in the manner, at the times and under the conditions provided in the Note.
Section 5.2. Termination Upon Retirement of the Note. At such time as (a) no
Principal Balance on the Note remains outstanding, (b) any obligation of the Lender to
advance funds under this Agreement, the Note, the Loan Purchase Agreement, or the
Related Documents has expired, and (c) arrangements satisfactory to the Lender and the
Issuer have been made for the prepayment or discharge of all other accrued liabilities, if any,
under the Related Documents, this Agreement will by its terms terminate and any and all
obligations of Borrower and Guarantors under the Loan Documents will be deemed satisfied.
Section 5.3. Partial Prepayment. If the Loan is prepaid hereunder only in part, the
Lender shall apply any prepayment first against reasonable attorneys' fees and collection
costs, second against accrued interest due under the Note, and then against the Principal
Balance due under the Note; and the Borrower shall continue to pay in full the monthly
payments due under the Note until the entire Principal Balance and accrued interest due on
the Note and any other charges or premiums due hereunder or under the Note have been
paid.
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ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
Section 6.1. Events of Default. Any one or more of the following events continuing
beyond any applicable cure period is an Event of Default under this Agreement:
(1) If the Borrower shall fail to make any payments required under this
Agreement on or before the date that the payment is due and such default continues
for 10 business days.
(2) If the Borrower shall fail to observe and perform any other covenant,
condition, or agreement on its part under this Agreement for a period of 30 days after
written notice (a "Default Notice"), specifying such default and requesting that it be
remedied, given to the Borrower by the Issuer or the Lender, or for such longer period
as may be reasonably necessary to remedy such default provided that the Borrower
is proceeding with reasonable diligence to remedy the same, but not exceeding 90
days after the Default Notice is given, unless the Lender shall agree in writing to an
extension of such time prior to its expiration.
(3) If the Borrower shall file a petition in bankruptcy or for reorganization
or for an arrangement pursuant to any present or future federal bankruptcy act or
under any similar federal or state law, shall consent to the entry of an order for relief
pursuant to any present or future federal bankruptcy act or under any similar federal
or state law, or shall make an assignment for the benefit of its creditors or shall admit
in writing its inability to pay its debts generally as they become due, or if a petition or
answer proposing the entry of an order for relief of the Borrower under any present
or future federal bankruptcy act or any similar federal or state law shall be filed in any
court and such petition or answer shall not be filed in any court and such petition or
answer shall not be discharged or denied within 180 days after the filing thereof, or a
receiver, trustee, or liquidator of the Borrower of all or substantially all of the assets
of the Borrower, or of the Project, shall be appointed in any proceeding brought
against the Borrower and shall not be discharged within 180 days after such
appointment or if the Borrower shall consent to or acquiesce in such appointment, or
if the estate or interest of the Borrower in the Project or a part thereof shall be levied
upon or attached in any proceeding and such process shall not be vacated or
discharged within 180 days after such levy or attachment.
(4) If the Partnership Agreement of the Borrower shall expire or be
annulled; if the Partnership Agreement of the Borrower shall be amended or modified
without the consent of the Lender, which shall not be unreasonably delayed, withheld
or conditioned; or if the Borrower shall be dissolved or liquidated (other than when a
new entity assumes the obligations of the Borrower under the conditions permitting
such action contained in Section 4.5).
(5) If any representation or warranty made by the Borrower herein, or by
an officer or representative of the Borrower in any document or certificate furnished
the Lender or the Issuer in connection herewith or therewith or pursuant hereto or
thereto, shall prove at any time to be, in any material respect, incorrect or misleading as
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of the date made, and is not cured within 60 days after a Default Notice, specifying such
default and requesting that it be remedied, has given to the Borrower by the Issuer
or the Lender.
(6) If the Borrower shall default or fail to perform any covenant, condition, or
agreement on its part under any of the Related Documents or any other security document
securing the Note, and such failure continues beyond the period, if any, set forth in such
documents during which the Borrower may cure the default.
Any partner of the Borrower shall have the right, but not the obligation, to cure any default under
this Agreement within the same cure period afforded to the Borrower to cure such default.
Section 6.2. Remedies. Whenever any Event of Default referred to in Section 6.1 hereof
shall have happened and be subsisting, any one or more of the following remedial steps, to the
extent permitted by law, may be taken by the Issuer with the prior written consent of the Lender
(except that rights arising under the sections listed in Section 7.10 hereof may not require such
consent in order to be exercised by the Issuer) or by the Lender itself:
(1) The Issuer, upon written direction of the Lender, or the Lender may declare
all installments of the Loan (being an amount equal to that necessary to pay in full the
Principal Balance plus accrued interest thereon and any premium due thereunder of the
Note assuming acceleration of the Note under the terms thereof and to pay all other
indebtedness thereunder) to be immediately due and payable, whereupon the same shall
become immediately due and payable by the Borrower; or
(2) The Issuer, upon written direction of the Lender (except as otherwise
provided in Section 7.10 herein), or the Lender (in either case at no expense to the Issuer)
may take whatever action at law or in equity may appear necessary or appropriate to
collect the amounts then due and thereafter to become due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant of the
Borrower under this Agreement.
(3) The Lender may exercise its rights under the Guaranties.
In addition, the Lender will have such remedies as are provided in the Assignment of Loan
Agreement upon an Event of Default under this Agreement.
Section 6.3. Disposition of Funds. Notwithstanding anything to the contrary contained
in this Agreement, any amounts collected, up to the amounts due, pursuant to action taken under
Section 6.2 hereof, except for any amounts collected solely for the benefit of the Issuer under any
of the provisions set forth in Section 7.10, shall, after deducting all expenses incurred in collecting
the same, be applied as a prepayment of the Note in accordance with Section 5.1.
Section 6.4. Manner of Exercise. No remedy herein conferred upon or reserved to the
Issuer or the Lender is intended to be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity by statute. No delay
or omission to exercise any right or power accruing upon any default shall impair any such right
or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the
Packet Page Number 80 of 153
G2, Attachment 4
Issuer or the Lender to exercise any remedy reserved to either of them in this Article, it shall not
be necessary to give any notice, other than such notice as may be herein expressly required.
Section 6.5. Attorneys' Fees and Expenses. In the event the Borrower should default
under any of the provisions of this Agreement and the Issuer or the Lender should employ
attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement
of performance of any obligation or agreement on the part of the Borrower, the Borrower will on
demand pay to the Issuer or the Lender the reasonable fees and costs of such attorneys and such
other expenses so incurred.
Section 6.6. Effect of Waiver. In the event any agreement contained in this Agreement
should be breached by either party and thereafter waived by the other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other breach
hereunder.
(The remainder of this page is intentionally left blank.)
Packet Page Number 81 of 153
G2, Attachment 4
ARTICLE VII
GENERAL
Section 7.1. Notices. All notices, certificates, or other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by certified or registered
mail, postage prepaid, with proper address as indicated below. The Issuer, the Borrower,
and the Lender may, by written notice given by each to the others, designate any address or
addresses to which notices, certificates, or other communications to them shall be sent when
required as contemplated by this Agreement. Until otherwise provided by the respective
parties, all notices, certificates, and communications to each of them shall be addressed as
follows:
To the Issuer City of Maplewood, Minnesota
1830 County Road B East
Maplewood, MN 55109-2702
Attn: Ellen Paulseth, Finance Director
To the Borrower: Maple Pond MDG Limited Partnership
4725 Excelsior Boulevard, Suite 510
Minneapolis, MN55416
Attn: Harold Teasdale
With a copy to: Winthrop & Weinstine, P.A.
Capella Tower, Suite 3500
225 South Sixth Street
Minneapolis, MN 55402-4629
Attn: Jeffrey J. Koerselman, Esq.
and
Investor Limited Partner: WNC Institutional Tax Credit Fund 44, LP
c/o WNC & Associates, Inc.
17782 Sky Park Circle
Irvine, CA 92614-6404
Attn: Wendy A. Yan
With a copy to Holland & Knight LLP
10 Saint James Avenue, 11th Floor
Boston, MA 02116
Attention: Jonathan Sirois, Esq.
To the Lender: Bridgewater Bank
3800 American Blvd., Suite 100
Bloomington, MN 55431
Attn: Nicolas Place, Senior Vice President
Packet Page Number 82 of 153
G2, Attachment 4
With a copy to: Messerli & Kramer P.A.
100 South Fifth Street, Suite 1400
Minneapolis, MN 55402
Attn: Michelle Jester
Section 7.2. Binding Effect. This Agreement shall inure to the benefit of and shall be
binding upon the Issuer and the Borrower and their respective successors and assigns.
Section 7.3. Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
Section 7.4. Amendments, Changes and Modifications. Except as otherwise provided
in this Agreement or in the Resolution, subsequent to the initial issuance of the Note and
before the Note is satisfied and discharged in accordance with their respective terms, this
Agreement may not be effectively amended, changed, modified, altered, or terminated
without the written consent of the Lender.
Section 7.5. Execution Counterparts. This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
Section 7.6. Limitation of Issuer's Liability. No covenant, provision or agreement of
the Issuer herein or in the Note or in any other document executed by the Issuer (or any other
party) in connection with the issuance, sale and delivery of the Note, or any obligation herein
or therein imposed upon the Issuer or respecting the breach thereof, shall give rise to a
pecuniary liability of the Issuer, its officers, employees or agents, or a charge against the
Issuer's general credit or taxing powers or shall obligate the Issuer, its officers, employees
or agents, financially in any way except with respect to this Agreement and the application of
revenues herefrom and the proceeds of the Note or the transferred unspent proceeds of the
Prior Note. The Note shall be and constitutes only a special and limited revenue obligation
of the Issuer, payable solely from the revenues pledged to the payment thereof pursuant to
this Agreement and the Assignment of Loan Agreement, and the Note does not now and
shall never constitute an indebtedness, a general or moral obligation or a loan of the credit
of the Issuer, the State or any political subdivision thereof or a lien, charge or encumbrance,
legal or equitable, against the Issuer's general credit or taxing powers or any of the Issuer's
property. No failure of the Issuer to comply with any term, condition, covenant or agreement
therein shall subject the Issuer, its officers, employees or agents, to liability for any claim for
damages, costs or other financial or pecuniary charges except to the extent that the same
can be paid or recovered from this Agreement or revenues therefrom or proceeds of the Note
or the Prior Note. No execution on any claim, demand, cause of action or judgment shall be
levied upon or collected from the general credit, general funds or taxing powers of the Issuer.
In making the agreements, provisions and covenants set forth herein, the Issuer has not
obligated itself except with respect to this Agreement and the application of revenues
hereunder as hereinabove provided. It is further understood and agreed by the Borrower
and the Lender that the Issuer, its officers, employees or agents shall incur no pecuniary
liability hereunder and shall not be liable for any expenses related hereto, all of which the
Borrower agrees to pay. If, notwithstanding the provisions of this Section, the Issuer, its
officers, employees or agents incurs any expense, or suffers any losses, claims or damages
or incurs any liabilities, the Borrower will indemnify and hold harmless the Issuer, its officers,
Packet Page Number 83 of 153
G2, Attachment 4
employees or agents from the same and will reimburse the Issuer, its officers, employees or
agents for any legal or other expenses incurred by the Issuer, its officers, employees or
agents in relation thereto, and this covenant to indemnify, hold harmless and reimburse the
Issuer, its officers, employees or agents shall survive delivery of and payment for the Note
and expiration or termination of this Loan Agreement. The liability of the Issuer is further
restricted as provided in the Act.
Section 7.7. Issuer's Attorneys' Fees and Costs. The Borrower shall reimburse the
Issuer and the Lender, upon demand, for all costs and expenses, including without limitation
reasonable attorneys' fees, paid or incurred by the Issuer and the Lender in connection with
(i) the discussion, negotiation, preparation, approval, execution, and delivery of the Related
Documents and the documents and instruments related hereto or thereto; (ii) any
amendments or modifications to any of the foregoing documents, instruments or agreements
and the discussion, negotiation, preparation, approval, execution, and delivery of any and all
documents necessary or desirable to effect such amendments or modifications; (iii) the
servicing and administration of the Loan during the term hereof or thereafter; and (iv) the
enforcement by the Issuer and the Lender during the term hereof or hereafter of any of the
rights or remedies of the Issuer and the Lender hereunder or under the foregoing documents,
or any document, instrument or agreement related hereto or thereto, including, without
limitation, costs and expenses of collection in the Event of Default, whether or not suit is filed
with respect thereto.. Further, the Borrower's source of payment of any indemnification costs
or attorneys fees found under this Section 7.7 and in the Loan Agreement, for so long as
HUD is the insurer or holder of a loan encumbering the Project will be limited to available
liability insurance proceeds, collateral pledged under the Security Documents securing the
Loan, from the Guaranties and/or Surplus Cash, as such term is defined in the Regulatory
Agreement for Multifamily Projects by and between the Borrower and HUD.
Section 7.8. Release. The Borrower hereby acknowledges and agrees that the Issuer
and the Lender shall not be liable to the Borrower, and hereby releases and discharges the Issuer
and the Lender from any liability, for any and all losses, costs, expenses (including reasonable
attorneys' fees), damages, judgments, claims, and causes of action paid, incurred, or sustained
by the Borrower as a result of or relating to any action, or failure or refusal to act, on the part of
any party with respect to the Note, this Agreement, or the documents and transactions related
hereto or thereto or contemplated hereby or thereby, including, without limitation, the exercise by
the Lender of any of its rights or remedies pursuant to Article 6, the Note, and the Related
Documents or any collateral security documents.
Section 7.9. Audit Expenses. The Company agrees to pay any costs incurred by the
Issuer as a result of the Issuer's compliance with an audit, random or otherwise, by the Internal
Revenue Service or the Minnesota Department of Revenue with respect to the Note, the
Borrower, or the Project.
Section 7.10. Assignment by Issuer and Survivorship of Obligations. The Issuer may
assign its rights under this Agreement and any related documents to the Lender to secure
payment of the principal of and interest and premium, if any, on the Note, conditioned upon the
Lender's assumption of the Issuer's and Lender's obligations to the Borrower hereunder, but any
such assignment shall not operate to limit or otherwise affect the following provisions hereof to
the extent that they run to the Issuer from the Borrower to which extent they shall survive any
such assignment: Sections 3.4, 3.6, 4.1, 4.2, 4.3, 4.5, 4.11, 6.6, 7.6, 7.7, 7.8, 7.9, and 7.10.
Packet Page Number 84 of 153
G2, Attachment 4
Upon any such assignment, the provisions immediately above running to the Issuer from
the Borrower for the Issuer's benefit shall run jointly and severally to the Issuer and the Lender (if
appropriate), provided that the Issuer shall have the right to enforce any retained rights without
the approval of the Lender but only if the Lender is not enforcing such rights in a manner to protect
the Issuer or is otherwise taking action with respect thereto that brings adverse consequences to
the Issuer. The obligations of the Borrower running to the Issuer for the purpose of preserving
the tax-exempt status of the Note or otherwise for the Issuer's benefit under the foregoing
Sections shall survive repayment of the Note and interest thereon.
Section 7.11. Required Approvals. Consents and approvals required by this Agreement
to be obtained from the Borrower or the Issuer shall be in writing and shall not be unreasonably
withheld or delayed.
Section 7.12. Nature of Borrower's Obligations. The Borrower's obligations under the
Agreement, the Note, and the Related Documents are non-recourse to the Borrower at all times
the Project is subject to a loan held or insured by HUD. Except during any period in which HUD
is the holder or insurer of a loan encumbering the Project, the Borrower's obligations under this
Agreement, the Note, and the Related Documents shall be fully recourse to the Borrower during
the term of the Note.
Section 7.13. HUD Required Provisions. In addition, the rights and obligations of the
parties under this Loan Agreement and all other documents evidencing, implementing, or securing
this Loan Agreement and the Note (collectively, the "Subordinate Bond Documents") are and shall
be subordinated in all respects to the rights and obligations of the parties to and under the FHA
Loan Documents. In the event HUD acquires title to the Project by foreclosure or deed in lieu of
foreclosure, the Subordinate Bond Documents automatically terminate and the Borrower shall be
released of all its obligations with respect to the Loan Agreement. Notwithstanding the foregoing,
nothing in this Section 7.13 shall affect, limit, or impair the ability of the Lender to seek a monetary
judgment, pursue other remedies against the Guarantors and shall be allowed to name the
Borrower to any such suit against the Guarantors for the sole purpose of proving the Borrower's
default under the Related Documents and the amounts due and owing thereunder by the
Guarantors.
(The remainder of this page is intentionally left blank.)
Packet Page Number 85 of 153
G2, Attachment 4
IN WITNESS WHEREOF, the Issuer and the Borrower have caused this Loan Agreement
to be duly executed in their respective names, all as of the date hereinbefore written.
CITY OF MAPLEWOOD, MINNESOTA
By
Its Mayor
By
Its City Manager
[Signature Page to Loan Agreement]
Error! Unknown document property name. S_1
Packet Page Number 86 of 153
G2, Attachment 4
MAPLE POND MDG LIMITED PARTNERSHIP,
a Minnesota limited partnership
By: Maple Pond MDG LLC,
a Minnesota limited liability company
Its: General Partner
By:
Matt Teasdale
Its: Treasurer
[Signature Page to Loan Agreement]
Error! Unknown document property name. S_2
Packet Page Number 87 of 153
G2, Attachment 4
EXHIBIT A
Legal Description of the Land
The real property located in the City of Maplewood, County of Ramsey, State of
Minnesota, and legally described as follows:
All that part of the South Three -Quarters of the East Half of the Northwest Quarter of the Southeast
Quarter (S3/4 E1/2 NW1/4 SE1/4) of Section Fourteen (14), Township Twenty-nine (29), Range
Twenty-two (22), Ramsey County, Minnesota lying Westerly of the following described line:
Commencing at a point on the North line of the above described tract of land distant 532.84 feet
East of the Northwest corner of the above described tract; thence South parallel with the West
line of the above described tract of land to its intersection with the Southerly line of the above
described tract and there terminating.
Abstract Property
Packet Page Number 88 of 153
G3
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Chris Swanson, Environmental and City Code Specialist
DATE: February 20, 2018
SUBJECT: Approval of the April 21, 2018 Spring Clean Up Event
Introduction
The 2018 Spring Clean Up Event is scheduled for Saturday, April 21 from 8 a.m. to 1 p.m. at
Aldrich Arena, 1850 White Bear Avenue. The event allows residents to dispose of bulky items
and household hazardous waste. The event also offers an opportunity for the City to recycle or
reuse items that might end up in the waste stream.
Background
Items accepted at the Spring Clean Up include miscellaneous junk, construction debris, bulky
metals, tires, appliances, electronics, furniture (including mattresses), carpet, bicycles, and
household hazardous waste.
Reuse and recycling of materials is a big component of the City's clean up events. During the
Spring Clean Up several nonprofit and recycling companies will be accepting materials at no or
minimal cost to the City including The Small Engine Doctors (small engines to be refurbished),
Re -Cycle (bicycles to be refurbished), Bro-Tex (carpet to be recycled), and Momentum
(mattresses to be recycled).
In previous years, there have been vendors collecting gently used furniture and household items
for reuse. Because of a decrease in staffing and business operations changes in local reuse
organizations there will no longer be a staffed truck at the event. Staff will hand out a donations
resource list to residents who attend the event and will have additional material available on our
website for residents who wish to donate household goods.
The Maplewood Police Department will not be collecting unused medicine from residents at the
event. Last year we collected only 10 lbs. of material during the cleanup. This is due to the fact
that most residents are using the City Hall drop off location during the year. The City hall drop-
off site is available to residents 24 hours a day, 7 days a week. Items accepted include pills,
capsules, gel packs, IVs, inhalers, creams, and other items.
Ramsey County's Household Hazardous Waste collection program will take place during the
event. Ramsey County will accept oil, paint, antifreeze, fluorescent bulbs, and other hazardous
household chemicals free of charge.
As part of the event, Maplewood will sponsor a food drive. Residents can drop off
nonperishable food and cash donations at the event's entry gate. All donations will go to
Second Harvest Heartland Food Bank.
Packet Page Number 89 of 153
G3
Over the last three years the city hosted a mobile onsite shredding truck during the spring
cleanup events. Over 7,000 lbs. of material was collected and responsibly shredded at the
2017 clean up. The city will have a shredding vendor from 8 a.m. to 1 p.m. or until the truck fills
up. Residents can bring confidential papers to the event for shredding free of charge.
The sixth annual Fall Clean Up Campaign is tentatively scheduled for October 2018. The event
will allow residents to schedule curbside pickup of bulky items from the City's trash hauling
contractor at a reduced rate.
Budaet Imaact
The attached 2018 Spring Clean Up flyer includes pricing for the event. Residents will pay
approximately 40 percent of the cost to dispose of the items, with the City subsidizing 60
percent (an average of $9,000 per event). The cost for the event will be a little higher than
previous years as the price for processing the material has increased (mattresses and
electronics) and because the City is offering paper shredding free of charge.
Recommendation
Staff recommends City Council approve the 2018 Spring Clean Up Event scheduled for
Saturday, April 21 from 8 a.m. to 1 p.m. at Aldrich Arena, 1850 White Bear Avenue.
Attachment
1. 2018 Spring Clean Up Flyer
Packet Page Number 90 of 153
Maplewood Spring Clean Up
Saturday, April 21, 2018
8AM-1 PM
Aldrich Arena (1850 White Bear Avenue)
G3 Attachment 1
The Spring Clean Up provides Maplewood residents a way to dispose or recycle items that
are not accepted in the regular trash service. Items accepted include appliances, electronics,
bulky metals, tires, furniture (including mattresses), carpet, bicycles, and household
hazardous waste. Residents can bring sensitive documents (bank and credit card
statements, medical records, etc.) and have the documents shredded from 8 am to 1 for free.
Residents are encouraged to bring a food or cash donation to support Second Harvest
Heartland, a local food shelf.
Type of Load and Fee
• Vehicle Loads
o Pick -Up Truck $25.00
0 4'x 8' Trailer $30.00
o Car $20.00
o Mini Van $25.00
Bulky Items*
o Appliances** $20.00
o Electronics (w/screen) $15.00
o Car Tires $5.00
o Furniture Which $10.00
Cannot Be Reused
(couches, mattresses, chairs)
Additional Materials Collected at No Charge
• Bicycles (any condition) - Re -Cycle
(www. re-cycle.com)
• Carpet (dry carpet and foam padding,
maximum 6 -foot wide roll) — Bro-Tex
(www.brotex.com/carpetrecycling)
• Small Engines (lawn mower, snow blower,
etc., any condition) — Small Engine Doctors
• Household Hazardous Waste — Ramsey
County (RamsevAtoZ.com)
Bulky item charge in addition to load charge
" Appliances with ammonia subject to increased charge
Information:
• Chris Swanson, Environmental and City Code Specialist at 651.249.2305 or
chris.swanson(cD-maplewoodmn.gov
• Maplewood Spring Clean Up Webpage, www.maplewoodmn.gov/cleanups
Packet Page Number 91 of 153
G4
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Joe Sheeran, Communications Manager
DATE: February 26, 2018
SUBJECT: Approval of Maplewood Living Contract
Introduction
On January 17, 2018 Maplewood's Communications Manager sent out an RFP to nine (9)
printers in the metro and surrounding areas asking for pricing on laying out, printing, and mailing
of Maplewood Living and the Park and Recreation guide. The RFP's were due into the
Communications Manager by Tuesday, January 30, 2018.
Major details of the RFP specifications are as following:
Laying out, printing and mailing Maplewood Living 24 times (from March 2018 — February
2020), 8 pages per issue with approximately 20,850 copies printed each time. Four of these
editions would include the 4 -page Seasons insert.
Printing and mailing of the Maplewood Parks and Recreation guide 6 times (from March 2018 —
February 2020), consisting of 24 pages with 23,000 copies to be printed and mailed.
Background
Eight of the nine printers in the RFP query submitted proposals. The three lowest RFPs are as
follows:
Johnson Litho Graphic — $227,056
Nystrom Publishing — $227,771
Sexton Printing — $231,638
After reviewing the RFP's, it is recommended that the City of Maplewood continue its agreement
with Nystrom Publishing to include lay out, printing and postage beginning March 1, 2018
through February 28, 2020 for the Maplewood Monthly, Maplewood Seasons, and Maplewood
Parks & Recreation brochures.
In the RFP process, it was explained to the printers that while cost was important, other factors
would apply. While Nystrom was slightly higher than the lowest RFP, the Communications
Division is recommending continuing the City's relationship with Nystrom for the following
reasons: Nystrom has been delivering a high quality print product that enables the city to put its
best image forward. Retaining a relationship with Nystrom saves staff time and resources
associated with transitioning to a new layout and publishing company; and it avoids missed
drop-offs to apartment complexes in transitioning to a new delivery service. The lowest printing
cost was from a Wisconsin -based company and required additional mailing time.
Packet Page Number 92 of 153
G4
Budaet Imaact
The new contract saves the City approximately $12,400 in total publication costs over two
years. This new agreement coincides with the expiration of Carey Communications contract,
which saves the City up $80,000.
Recommendation
It is recommended that the City Council approve the continuation of the agreement with
Nystrom Publishing to include lay out, printing and postage beginning March 1, 2018 through
February 28, 2020 for the Maplewood Monthly, Maplewood Seasons, and Maplewood Parks &
Recreation brochures.
Attachments
1. RFP pricing sheet from Johnson Litho
2. RFP pricing sheet from Nystrom
3. RFP pricing sheet from Sexton Printing
Packet Page Number 93 of 153
G4, Attachment 1
City of Maplewood
Maplewood Living Newsletter, Seasons Insert and Park and Recreation Guide
March 2018 - February 2020
Specifications
Quantity: Maplewood Living
Maplewood Seasons
Maplewood Parks &
Recreation
Maplewood Living
Maplewood Seasons
Pages: Maplewood Parks &
Recreation
Maplewood Living
Maplewood Seasons
20,850 copies printed 24 times
20,850 copies printed 4 times
23,000 copies printed 6 times
24 issues of 8 pages
4 issues of 4 pages
6 issues of approximately 24
pages
4 color, 70# recycled dull enamel text
4 color 70# recycled opaque text (100%
Paper: PCW)
Maplewood Parks & 70# Silk/Flo Dull Text, Front and back
Recreation cover (inside and out) 4 color, inside
pages black and white
Must be at least 10% post -consumer paper product
Binding: Trim, Fold, Saddle Stitched
Postage: Use of the printer's Presort Postage account with printer being reimbursed
postage amount by the City.
Mailing: U.S. Postal carrier route -- 19,996 pieces to zip codes 55109, 55117, 55119
(Maplewood Residents Only). An additional -725 are apartment drop-offs to
approximately 5 complexes with 16 total buildings; the remainder shall be delivered to
Maplewood City Hall.
Printing $ 44,4000
/total cost 20 Maplewood Living issues
Price: $ 14,620
/total cost 4 Maplewood Living issues with Seasons section
$ 31,560
/total cost for 6 Maplewood Parks & Recreation brochure 2018/19
$ 90,580
/TOTAL PRINTING
46,!080
/total cost for Maplewood Living 2018, including two (2) Seasons for
Postage
approximately 20,000 pieces
Price:
(Includes presort/bundling/shipping/drops plus estimated postage)
$ 47,268
/total anticipated cost for Maplewood Living 2019, including two (2) Seasons
for approximately 20,000 pieces
(Includes presort/bundling/shipping/drops plus estimated postage)
$ 14.820
/total cost for Maplewood Park and Recreation Guide 2018 for
approximately 23,000 pieces
(Includes inkjet/presort/bundling/shipping/drops plus estimated postage)
$ 15,210
/total anticipated cost for Maplewood Park and Recreation Guide 2019 for
approximately 23,000 pieces
(Includes inkjet/presort/bundling/shipping/drops plus estimate postage)
Packet Page Number 94 of 153
G4, Attachment 1
Layout Services: $_13,100 /total cost for laying out 24 editions of Maplewood Living and four
Seasons inserts, including initial set up
Additional: $ 80.00 /hour for corrections
Submitted By:
Company: Johnson Litho Graphics
Phone: (715) 832-3211 Date: January 30, 2018
PROPOSAL ACCEPTANCE
Signature of Official:
Name (typed):
Title:
Firm:
Date:
Packet Page Number 95 of 153
G4, Attachment 2
Gitv of FV;ar)Iewood
Maialiewood Living Newsletter. Seasons Insert and Flare: and Recreation Guicie
IV;ar--h 2016 - February 2020
Snecift-ations
F,
MaDiewood Living
2 Ck copies, primed 2-,� rimec-1
Miapiewood Season -s-
copies DIrintec Z urnes;
K,Iiapiewood �Iarks L.
-
.-.00(, copies printed e. times
Recreation
24 issues of 8 pages
[Viaplewood 'Living
Maplewood Seasons
z! issues cif4 pages.
Paaes:MiaDlewood
ParKS:
cl6 issues of aDroximate,ki 24
Recreation
pages
kiianlewooc Living
color, 70# recycled dull enarne! Text
[Vapiewood Seasons
4 color 70# recycled opaque text
Paper:
MlaDlewood Parks &
Front and back cover (inside and out; 4
Recreation
color. inside pages black and white
I
[Vast be at leas f post -consumer paper product
Binding:
Saddle Stitched
Postage.
Use of the printer's Presort Postage
account with printer being reimbursed
postage amount by the City.
jai in U.S. Postal carrie- route -- 19,996 Pieces to Zip codes 5-109, 4551 '� 7, 55119
(lViaplewood Pesidents, On€y)- Ar; additional 725 are apartment drop-offs to
approximaieiv 5 complexes with 16 total buildings: the remainder shall" be delivered tc
I'Viaplewood City Hall. 11)
Printing $_59,13180.- /total cost ,24 Maplewood Living issues el�
Price - $ 17,882.32 /total cost 4 Maplewood Living issues with Seasons section
$ 37,161 .60 /total cost for 6 Maplewood Parks & Recreation brochure 2018 4 PC lei
$ 114,17772 /TOTAL PRINTING
$ 39,832.08 /total cost for Maplewood Living 2018, including two (2) Seasons
Postage $ 40,628.72 /total anticipated cost for Maplewood Living 2019, including two (21) Seasons
Price: $ 11,205.00 /total cost for Maplewood Park and Recreation Guide 2018
$ 11,429.10 /total anticipated cost for Maplewood Park and Recreation Guide 2019
Layout Services: $_10,500-00, /total cost for laying out 24 editions of Maplewood Living and four Seasons
inserts, including initial set up,
Additional,- $ __60.00_ — /hour for corrections
Submitted By: Lynn Reemtsma — Company _Nystrom Publishing Co.
Phone 763.255.3501 or 763.425.7900. Date: 01-25-2018
4
Packet Page Number 96 of 153
G4.Attachment 2
wo time-, annUally the monthly newsletter will contain four (4) additional D,ages dedicated tc,
environmental issues on which the city isworking. This Section is knmvvn as Seasons. it will be inth-�
April and October editions.
Additionally. the city will require the publishing firm to print and D)@\| (via the United Btanea Postal
Service) the Maplewood Parks, and Recreation guide, a 24 -page (including the front and baU coveri
booklet distributed toapproximately 23.00Ohouseholds.
Each of these publications have, specified paper quality. binding and mailing, naqUinsrnenbs as imkj out
in the specification s sheet below.
C. Principal Contacts
The principal contact with the City ofMa'
plewood wiUbeJoe Sheeran, Cornmunicatons��anagerora
de�Ana��dnspresentobve.vvhoviUcoonJinetethe assistance iobeprovided bythe City cf
Maplewood 10the auditor. The Communications Manager's contact information is 651-36-E-20,51 or
The proposer certifies bcan and will provide and make available, es aDliniUnunn.all services setforth in
1Required-
Proposer wamsDts, that Kiswilling and able to comply with State, ofMinnesota laws with respect to foreign
(non -State of Minnesota,) corporations.
2. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy provi'ding a
prudent amount of coverage, for the willful or negligent actsissions of any officers. employees or
agents thereof. / \
3� Proposer warrants that all d ncuurate
Signature of Official:
Name (typed): Lynn Ree sma
Title-. «
Sec./Treas. & Office M
Fimn�
Nystrom PNi hi Co
Date:
D1/25/2O18
3
Packet Page Number S7of158
G4, Attachment 3
City of Maplewood
Maplewood Living Newsletter, Seasons Insert and Park and Recreation Guide
March 2018 - February 2020
Specifications
Quantity: Maplewood Living 20,850 copies printed 24 times
Maplewood Seasons 20,850 copies printed 4 times
Maplewood Parks & 23,000 copies printed 6 times
Recreation
Maplewood Living 24 issues of 8 pages
Maplewood Seasons 4 issues of 4 pages
Pages: Maplewood Parks & 6 issues of approximately 24
Recreation pages
Maplewood Living 4 color, 70# recycled dull enamel text
Maplewood Seasons 4 color 70# recycled opaque text
Paper: Maplewood Parks & Front and back cover (inside and out) 4
Recreation color, inside pages black and white
Must be at least 10% post -consumer paper product
Binding: Saddle Stitched
Postage: Use of the printer's Presort Postage account with printer being reimbursed
postage amount by the City.
Mailing: U.S. Postal carrier route -- 19,996 pieces to zip codes 55109, 55117, 55119
(Maplewood Residents Only). An additional 725 are apartment drop-offs to
approximately 5 complexes with 16 total buildings; the remainder shall be delivered to
Maplewood City a all.
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Printing $50,800.00 /total cost 24 Maplewood Living issues
Price: $ 16, 824.00 /total cost 4 -Maplewood Living issues with Seasons section
tal cost for 6 Maplewood Parks & Recreation brochure 2018
$ i n5_ pati _nn TAL PRINTING
$ 39,832,0 3 , /total cost for Maplewood Living 2018, including two (2) Seasons
Postage $ 41,026.99 /total anticipated cost for Maplewood Living 2019, including two (2) Seasons
Price: $ 14, 278.01 /total cost for Maplewood Park and Recreation Guide 2018
$ 14, 706.35 /total anticipated cost for Maplewood Park and Recreation Guide 2019
Layout Services: 16,000.00 / tal cost for laying out 24 editions of Maplewood Living and four Seasons
inserts, including i
TWO ROUNDS OF COPY EDITS INCLUDED IN OUR COST OF $16,000.00
Additional: $ /hour for corrections
r
Submitted By. Company a7 -
4C4 9 3
atitiN 011 3
SD&&o'Pag Number 98 of 3
G5
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Steve Love, Public Works Director/City Engineer
Bryan Nagel, Street/Storm/Building Superintendent
DATE: February 13, 2018
SUBJECT: Approval Authorizing Purchase of Bituminous Materials for 2018
Introduction
The council will consider the approval authorizing the purchase of bituminous materials for
maintenance activities in 2018.
Background
An allocation is made in the Public Works operating budget each year for bituminous material in
order to maintain roads through patching, paving, and curb repairs.
It is anticipated that the bituminous purchases will be $70,000 during the 2018 season. This
amount is already budgeted and was approved as part of the 2018 budget.
The proposed supplier of bituminous materials is T.A. Schifsky and Sons due to their nearby
location in North St. Paul and lower pricing compared to other bituminous suppliers. The second
closest plant is owned by the City of St. Paul., requiring a 30-45 minute round trip drive. By
adding the extra travel time per load, the City's paving operation would become less efficient.
Budget Impact
There is no impact on the approved 2018 budget as this expenditure was expected and
approved in the Street Maintenance operating budget under budget code: 101-502-000-4180.
Recommendation
It is recommended that the City Council authorize the Street Superintendent to purchase
bituminous materials in an amount up to $70,000.00 from T.A. Schifsky and Sons during the
2018 calendar year.
Attachments
None.
Packet Page Number 99 of 153
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Packet Page Number 100 of 153
H1
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Mychal Fowlds, IT Director
DATE: February 18, 2018
SUBJECT: Comcast Cable Franchise Renewal Public Comment
Introduction
Comcast has notified the City of Maplewood that it wishes to renew its cable franchise. The City
has hired Bob Vose from Kennedy & Graven to help assist with the renewal proceedings. On
November 13, 2017, Mr. Vose presented to the Council an overview of the renewal process. One
of the requirements of the renewal process is that public comment be accepted.
Background
As stated above, Mr. Bob Vose and staff presented an overview of the franchise renewal process
to the City Council on November 13, 2017. Under the Cable Act, after receiving notice of a
renewal request the franchising authority is to identify future cable -related community needs and
interests and review the operator's past performance and franchise compliance. The Cable Act
does not indicate how the City is to do this but typically a Community Needs Assessment report is
created to help identify areas to be addressed in negotiations.
The City has begun work on its own Community Needs Assessment report which will be
presented to Council in March. Staff wants to ensure that any concerns regarding the renewal of
Comcast's cable franchise renewal are included in the report and in order to do so, a public
hearing has been scheduled. Any person may speak to the City Council concerning the renewal
of Comcast's cable television franchise at the time of the public hearing. Topics of interest to the
City include customer service, quality and reliability of cable signals, use of the right-of-way by
Comcast to install its cable system facilities and related issues regarding the delivery of cable
services in the City of Maplewood. Comments regarding the rates charged by Comcast for cable
services and the type of programming to be carried on Comcast's cable system are not
encouraged as federal law limits the City's regulatory authority in these areas.
Recommendation
It is recommended that City Council hold the Public Hearing to accept public comment regarding
the Cable Franchise renewal with Comcast.
Attachments
None
Packet Page Number 101 of 153
City of Maplewood
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By putting your name and address on this sheet, you are requesting to address the Maplewood
City Council on the following topic for up to three minutes.
Agenda Item: H1 Comcast Cable Franchise Renewal Public Comment
Date: •
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Packet Page Number 102 of 153
J1
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Andrea Sindt, City Clerk
Regan Beggs, Business License Specialist
DATE: February 20, 2018
SUBJECT: Consider Approval of an On -Sale Intoxicating Liquor and Sunday Sales License
for TK Inspiration, Inc d/b/a Bleechers Bar and Grill, 2220 White Bear Avenue N
Introduction
An application for an On -Sale Intoxicating Liquor, Sunday Sales, 2AM and Patio license has
been submitted by Dao Hoang, of TK Inspiration, Inc which will be taking over ownership of
Bleechers Bar & Grill, located at 2220 White Bear Avenue N.
City of Maplewood Code of Ordinances Sec. 6-119 and Sec. 6-163 requires City Council
approval for all On -Sale Intoxicating Liquor and Sunday Sales licenses.
Backaround and Discussion
TK Inspiration, Inc is owned by Dao Thanh Hoang and Kevin Khoa Vu, who also own and
operate Tracks Bar & Grill, located in St. Paul. For the purposes of these license applications, a
background investigation was conducted on Ms. Hoang and Mr. Vu; nothing has been identified
that would prohibit the issuance of these licenses.
City staff will be making periodic onsite visits to ensure compliance to eliminate the sale of
alcoholic beverages to underage persons, and compliance with the City's code of ordinances
and applicable statutes. In addition, the applicants have received a copy of the City Code and
have familiarized themselves with the provisions contained within it.
Budaet Imaact
None
Recommendation
Staff recommends the City Council approve the issuance of an On -Sale Intoxicating Liquor and
Sunday Sales license for TK Inspiration, Inc d/b/a Bleechers Bar and Grill, 2220 White Bear
Avenue N, contingent upon satisfactory results of building, fire, and health inspections.
Attachments
None
Packet Page Number 103 of 153
J2
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: DuWayne Konewko, EEDD/Parks and Recreation Director
Ginny Gaynor, Natural Resources Coordinator
Shann Finwall, Environmental Planner
DATE: February 26, 2018
SUBJECT: Consider Approval of a Wetland Buffer Waiver for a Spent Lime Treatment
Structure at Joy Park Neighborhood Preserve
Introduction
Valley Branch Watershed District (VBWD) is proposing to construct a spent lime system at Joy
Park Neighborhood Preserve to treat stormwater entering Silver Lake. The proposal is to
construct the system in the buffer of a Manage B wetland. Maplewood's wetland ordinance
requires a 75 -foot wetland buffer be maintained around a Manage B wetland. The City Council
may waive the requirements of the wetland ordinance for construction or maintenance of public
or semi-public streets and utilities through buffers where it determines there is a greater public
need for the project than to meet the requirement of the code.
Request
VBWD is requesting that the City Council waive the wetland buffer requirements for the
construction of a spent lime treatment structure in the wetland buffer located in the Joy Park
Neighborhood Preserve.
Discussion
Spent Lime Treatment Structure
The Board of Water and Soil Resources (BWSR) has awarded the VBWD a Clean Water Fund
grant to construct improvements within the Silver Lake watershed. The work plan for this grant
includes several best management practices, including an enhanced filtration system located in
the SLV-10 subwatershed north of Silver Lake in Maplewood.
Water quality modeling indicates that approximately 50 percent of the phosphorus loading to
Silver Lake from the watershed is routed through the SLV-10 subwatershed (Attachment 1).
Stormwater from north of Interstate 694 flows through pipes and wetlands in Joy Park
Neighborhood Preserve into a wetland northwest of Silver Lake. The proposal is to construct a
spent lime basin in the buffer of this city -owned wetland, between the Lake Links Trail and the
wetland (Attachment 2). Attachment 3 shows the preliminary design and proximity of the basin
to the wetland boundary. The proposed basin would capture a significant amount of
phosphorous prior to entering the wetland northwest of Silver Lake, resulting in cleaner water for
the wetland and for Silver Lake.
Packet Page Number 104 of 153
J2
The existing vegetation in the project area is not of high ecological quality. The east half of the
proposed basin is currently a monoculture of reed canary grass, a non-native invasive grass.
The west half is comprised primarily of ash trees. A tree inventory was prepared and identified
38 ash, five boxelder, and seven other trees (4 different species) for removal. Most of the trees
were 8" diameter or less.
The footprint of the proposed basin is approximately 9,500 square feet, with 3,000 square feet
of that containing filter material. The filter material is spent lime, a readily available byproduct of
drinking water treatment. This enhanced filtration practice can provide significant removal of
both particulate and dissolved phosphorus within a small footprint. Because 54 percent of the
stormwater entering Silver Lake goes through this point, it is an ideal location for stormwater
treatment.
The City will not incur any costs for the construction or maintenance of this system.
Construction costs will be covered by the Clean Water Fund grant awarded to VBWD with a
match provided by VBWD. In addition, the City of North St. Paul will contribute funding for the
construction to help meet stormwater requirements for a street improvement project on the west
side of Silver Lake. VBWD will be responsible for routine and long-term maintenance of the
basin.
Maplewood Wetland Ordinance
The City's wetland ordinance (18-201) states that the City Council "may waive the requirements
of this ordinance for the construction or maintenance of public or semipublic streets and utilities
through buffers where it determines that there is a greater public need for the project than to
meet the requirement of this article." The following standards must be met:
1. Before the City Council acts on the waiver, the Environmental and Natural Resources
Commission and the Planning Commission shall make a recommendation to the City
Council. The City shall hold a public hearing for the waiver. The City shall notify the
property owners within 500 feet of the property for which the waiver is being requested
at least ten days before the hearing.
2. Utilities shall not be allowed near endangered or threatened species.
3. Utilities shall be as far from the wetland as possible.
4. Large trees should be avoided to the greatest extent possible during construction of a
utility in the buffer.
5. The City shall not allow the use of pesticides or other hazardous or toxic substances in
buffers or wetlands; however, in some situations, the use of herbicides may be used if
prior approval is obtained from the administrator.
6. The owner or contractor shall replant utility corridors with appropriate native
vegetation, except trees, at preconstruction densities or greater after construction
ends. Trees shall be replaced as required by city ordinance.
7. Any additional corridor access for maintenance shall be provided as much as possible
at specific points rather than to the road which is parallel to the wetland edge. If
parallel roads are necessary they shall be no greater than 15 feet wide.
8. The City Council, upon recommendation of the administrator, may require additional
mitigation actions as a condition of granting the waiver.
Packet Page Number 105 of 153
J2
Mitigation Strategies
Mitigation activities will include replanting the area disturbed with native plants (except for
the bottom of the basin which will consist of the filter material). City code does not require
replacement of trees removed as part of a public improvement project. However, staff is
looking at opportunities for planting additional trees in this neighborhood to help replace tree
canopy. In addition, the grant supporting this project funded four interpretive signs educating
visitors about watersheds, water quality, buffers, and habitats. These signs were installed at
Joy Park in late 2017.
Deaartment Comments
Staff from three departments — Engineering, Parks and Recreation, and Environmental and
Economic Development Department — have reviewed the project and support it. We concur the
water quality benefits for Silver Lake will outweigh any negative impacts from locating a
treatment basin in the buffer.
Citizen Comments
The City of Maplewood mailed notices to property owners within 500 feet of this site. No
comments have been received.
Commission Review
November 20, 2017: The Environmental and Natural Resources Commission recommended
approval of the waiver and proceeding with the project.
January 17, 2018: The Parks and Recreation Commission recommended approval of the
project.
February 20, 2018: The Planning Commission held a public hearing. Two residents testified and
one resident had a water quality question for the consulting engineer that was not related to the
project.
David Johnson, who lives across the street from the project, raised concerns about:
1. The capacity of the existing stormwater culvert that goes into this wetland and whether
the project would result in backing up of water onto his property. The consulting engineer
indicated the project should not result in changes to the water flow through the existing
pipe.
2. Traffic safety if equipment will be on the road during construction.
3. If removal of trees will impact views from his house. During the detailed design phase,
we will do as much as we can on the site to address aesthetics and views.
4. Removal of cattails. Staff indicated few cattails would be removed since most are in the
wetland itself, not in the buffer.
Kevin Berglund raised the following concerns related to the project:
1. Requested the City replace trees removed or pay into the tree fund.
2. Wanted the report to include a broader discussion on water quality in Silver Lake and
questioned why the City permits the Lake Association to use herbicide in the lake.
The Planning Commission recommended approval of the waiver.
Packet Page Number 106 of 153
J2
Budget Impact
None.
Recommendation
Approve the wetland buffer waiver to construct a spent lime treatment facility within the buffer of
a Manage B wetland located in the Joy Park Neighborhood Preserve.
Attachments
1. Map of Silver Lake Subwatershed
2. Location of Proposed Basin
3. Preliminary Design
Packet Page Number 107 of 153
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Location of Proposed Spent Lime Basin at Joy Park Neighborhood Preserve
The proposed spent -lime basin is located on land owned by the City of Maplewood, on the south
side of Lydia Avenue East, west of Lake Boulevard East. It would be constructed between the
Lake Links Trail and the wetland south of the trail.
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MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: DuWayne Konewko, Parks and Recreation Director
Ginny Gaynor, Natural Resources Coordinator
DATE: February 26, 2018
SUBJECT: Consider Approval for Improvements at Edgerton Community Garden
Introduction
The City Council will consider approval of improvements at Edgerton Community Garden
Background
Edgerton Community Garden is located in Edgerton Park, at 2005 Edgerton Street. The garden
is adjacent to Edgerton Elementary School and apartment complexes and serves a diverse
group of citizens. It is the only community garden managed by the City of Maplewood. Other
community gardens in the City are managed by the school district, townhome associations, or
church groups. Oakley Biesanz, Naturalist at Maplewood Nature Center, is the Community
Garden Coordinator and is supported in her efforts by Maplewood's Park Maintenance crew and
a committee of volunteers from the garden. In addition, Maplewood Nature Center staff assist
with educational programming at the garden.
Edgerton Community Garden currently has 46 tilled plots (12'x15' each), and seven raised bed
plots (4'x8'). It is an organic garden. Water is provided via a water tank that staff fills weekly
during the growing season. A temporary fence has been installed on the south side of the
garden and a compost bin is located on the west side. No permanent infrastructure has been
installed.
Discussion
The Parks System Master Plan calls for providing community gardens and for reaching diverse
populations with park facilities and programming. There is a need to expand the Edgerton
Community Garden so it can serve more residents and to add infrastructure and amenities to
better serve users. Currently, the garden has no ADA -accessible garden plots. The proposed
improvements include making some plots accessible. Another obstacle is the water tank. It
requires weekly filling by staff, is gravity -fed making it difficult for gardeners to use, and it is very
unattractive.
The proposed improvements include:
1. Expand the garden to add additional garden plots.
2. Install two to four ADA -accessible raised garden beds.
3. Install water infrastructure including water main from Edgerton Street and spigots.
4. Extend existing sidewalk to the new ADA raised beds.
5. Install fence, garden sign, benches, shed, and a dedicated area for compost.
6. Fix soil and drainage issues.
Packet Page Number 111 of 153
J3
7. Plant fruit trees and pollinator garden.
Budget Impact
The 2018-2022 Capital Improvement Plan allocates $50,000 for improvements at Edgerton
Community Garden. Monies have been allocated in the Park Improvement Fund for these
expenses pending Council approval.
Amount Funding Source
$50,000 Park Improvement Fund
Recommendation
Staff recommends approval of Edgerton Community Garden improvements not to exceed
$50,000. Staff further recommends the City Council authorizes staff to seek quotes and
authorizes the City Manager and Mayor to enter into contracts with contractors for the
landscape improvements.
Attachments
1. Edgerton Community Garden Plot Map
Packet Page Number 112 of 153
A Attachment 1
Edgerton Community Garden Plot Map
Existing Plot Configuration
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Aerial map of Site
The garden plots are shown to the northwest of the parking lot. Edgerton School is south of the
parking lot.
Packet Page Number 113 of 153
J4
MEMORANDUM
TO: Melinda Coleman, City Manager
FROM: Michael Martin, AICP, Economic Development Coordinator
Audra Robbins, Parks and Recreation Manager
DATE: February 21, 2018
SUBJECT: Consider Approval of the Wakefield Park Improvements, 1725 Prosperity
Road North
A. Conditional Use Permit Resolution
B. Approval of Plans and Advertising for Bids Resolution
Introduction
Project Description
The City of Maplewood Parks and Recreation Department is seeking city approval to build a
3,300 square foot community use building at Wakefield Park which is located at 1725 Prosperity
Road. This new multi-purpose facility at Wakefield Park would serve as a local "hub" and
gathering place for residents. This facility will also provide programming space for youth/adult
dance classes, arts and education programs, preschool classes and City Special Events.
Request
The applicant is requesting that the city council approve:
A. A conditional use permit (CUP) amendment for a community building. City code requires
a CUP for public uses.
B. Approval of Plans and Advertising for Bids Resolution.
Design plans for this project will be reviewed and approved by the community design review
board (CDRB) in the next few weeks, prior to any building permits being issued. The CDRB's
February 20, 2018 meeting was not held due to a lack of quorum. The CDRB did review this
project three times in 2017 and in December made material and color recommendations which
have been incorporated into the plans already.
Background
April 18, 2017: The planning commission and community design review board were introduced
to the Wakefield Community Building project.
October 17, 2017: Joint Board and Commission meeting to discuss the building's proposed
colors and materials.
Packet Page Number 114 of 153
J4
December 19, 2017: The community design review board reviewed and made
recommendations regarding the proposed materials and colors
Discussion
Conditional Use Permit
Wakefield is currently guided by the 2030 Comprehensive Plan as park (P). The site is zoned as
open space and parks (OSP). Because the City of Maplewood owns the parks and associated
structures a CUP is required because of its public use. The proposed community building and
park improvements are compliant with the city's comprehensive plan and zoning designation.
Site Plan
The proposed building is well beyond the required setback of 30 feet from the front property line.
Wakefield Lake is classified as a Class III public water in the City's shoreland ordinance and
nonresidential developments must maintain a 50 -foot setback from the ordinary high water mark
of Wakefield Lake. As proposed the Wakefield Community Building will maintain a 104 -foot
setback to the ordinary high water mark of Wakefield Lake. There is a Manage B wetland
located around the edges of Wakefield Lake and the wetland ordinance requires a 50 -foot
minimum buffer for Manage B wetlands that are adjacent a lake. The building, grading, and all
stormwater structures will be constructed outside of the required 50 -foot wetland buffer.
In addition to the community building, the parking lot will be slightly moved east and expanded,
the hockey and pleasure skating rinks will be rebuilt and an additional picnic shelter will be
added. The existing playground areas will remain in place and unchanged.
Design Review
Architectural
The exterior of the proposed building will be sided with a combination of vertical cedar tongue
and groove boards and cementitious fiberboard siding. The fiberboard siding will be in shades of
green and brown. There will also be a "black mocha" trim added to the building. The roof will be
constructed with grey standing seem metal panels.
Parking
City ordinance requires recreational buildings to have 1 space for every 200 square foot of
building space. For a 3,300 square foot building, this means 17 spaces are required. The
submitted plans show 45 parking spaces being provided with spaces that are nine feet wide.
The existing parking lot's parking spaces are also nine feet wide and it has been past practice of
the City to allow the continuance of existing nine foot wide spaces in public uses.
Some of the neighborhood comments staff received regarding this project discussed park users
parking on the street. Staff appreciates the neighborhood impact a park can have but believes
there is also a balance of not building a parking lot that will sit empty most of the time.
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Landscaping
Seven significant trees will be removed with the development of the Wakefield Park Community
Building. Five of those trees are ash trees. The landscape plan calls for 29 new trees to be
planted with the development: 25 deciduous (2.5 caliper inch trees) and 4 evergreen (8 -foot
high trees). The Wakefield Park Community building meets the requirements of the tree
ordinance. In addition to the trees numerous trees and shrubs will be added near the new
building making for an attractive site.
Lighting
The parking lot and trail leading to the community building area will be lighted. The applicant's
lighting plan indicates four light poles near the parking lot and four along the trail. City code
limits light pole height to 25 feet. The submitted lighting plan meets ordinance compliance and
ensures that light spillage does not impact nearby residential properties.
ADDroval of Plans and Advertisina for Bids Resolution
One of the major recommendations and strategies identified in the Maplewood Parks System
Master Plan was to build a multi-purpose facility at Wakefield Park that would provide needed
space for the City's Parks & Recreation programs. The Parks System Master Plan envisions
Wakefield Park as one of the City's signature parks. The new multi-purpose facility at Wakefield
Park will embrace Maplewood's diverse population and serve as a local "hub" and gathering
place for residents. This facility will provide much needed programming space for youth/adult
dance classes, arts and education programs, preschool classes and City special events.
Staff previously entered into a professional design services contract with Kimley-Horn and
Associates, Inc. for improvements at Wakefield Park which included a Preliminary Architectural
Plan, Preliminary Design and now Final Design. Staff also met with representatives from the
Police, Fire and Public Works Departments to identify additional design elements that pertained
to environmental design standards, crime prevention and maintenance.
These design element recommendations include:
• The Community Building and its related site improvements will be designed to meet the
2012 Green Construction Code (IgCC) which was adopted by the City as a Code
requirement. The IgCC includes criteria with respect to the following:
o Material resource conservation and efficiency.
o Energy conservation, efficiency and CO2 emission reduction.
o Water resource conservation, quality and efficiency.
o Indoor environmental quality and comfort.
o Commissioning, operation and maintenance.
• Our asset management software, Cartegraph, will be used to track the building condition
and manage maintenance needs and costs.
• We are proposing to use quality and locally sourced building materials that may be more
expensive up front but will result in long-term savings due to reduced maintenance costs
and building longevity. These materials include:
o Real stone veneer
o Prefinished metal roofing
o Sustainably grown wood products
• The Wakefield Community Building will be solar ready.
Packet Page Number 116 of 153
Project Schedule
• Begin Final Design
• City Council/PRC/PC/CDRB Joint Workshop
• 60% Plans CDRB
• 60% Plans City Council
• 75% Plans ENRC
• 90% Plans CDRB/PC
• 90% Plans PRC
• 100% Plans City Council
• Plans available for bidding
• Open Bids
• Award Bids
• Break Ground
• Construction Substantially Complete
Department Comments
Engineering
September 12, 2017
October 17, 2017
December 19, 2017
January 8, 2018
January 25, 2018
February 20, 2018
February 21, 2018
February 26, 2018
February 28, 2018
March 21, 2018
March 26, 2018 (April 9)
April 21, 2018
November 30, 2018
J4
Please see Jon Jarosch's engineering report, dated February 13, 2018, attached to this report.
Building Official, Jason Brash
Applicant must meet the City's green building code and all Minnesota State Building Code
requirements.
Commission Review
Planning Commission
February 20, 2018: The planning commission held a public hearing and reviewed this project
and recommended approval by a 3-1 vote. The one nay vote was related to concerns with
funding and was not specific to the physical details of the proposed project.
Community Design Review Board
The community design review board (CDRB) was scheduled to review this project on February
20, 2018 but did not have the needed quorum in order to hold a meeting. Since the CDRB
reviewed this project three times in 2017 staff is comfortable recommending a condition be
added to the conditional use permit requiring the CDRB review and approve the final design
plans before any buildings permits can be issued.
Budget Impact
Approval of a CUP and design plans by themselves have no budget impact. Staff worked with
the Finance Director on the project budget. The project will carry a not to exceed budget of $3
million and will be funded through the CIP Fund (through the issuance of general obligation
bonds) and the Park Improvement Fund. One million was allocated in the CIP Fund in 2017 -
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Park Maintenance and Reinvestment (PM 16.001) and an additional $1.6 million was included in
the 2018 CIP Plan. The remaining $400K will come from the Park Improvement Fund.
Recommendations
A. Approve the attached conditional use permit resolution. This conditional use permit allows
a 3,300 square foot community building within the OSP (open space and parks) zoning
district for the property located 1725 Prosperity Road North. This approval shall be subject
to the following conditions:
All construction shall follow the project plans as approved by the city. The director of
environmental and economic development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall end. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The use of nine foot wide parking spaces is approved as an expansion of a legal,
nonconforming use.
5. Prior to receiving any building permits related to this project, the Community Design
Review Board must approve all design plans.
B. Approve the attached resolution for the Wakefield Park Improvements, City Project PR 17-
01, Approving Plans and Advertising for Bids.
Citizen Comments
Staff surveyed the 256 surrounding property owners within 500 feet of the proposed site for their
opinion about this proposal. Staff received 13 responses as shown below.
For
In response to the letter I received concerning the community use building to be built at
the Wakefield Park, I wholeheartedly agree with the plan and urge a "go ahead". I live
nearby, am retired and am on or near the park a few times a week. It is quite often full of
people and an attractive building would serve the area students and users well. I also
agree that all measures should be taken to improve the water quality and perhaps turn it
into a decent pan fishing fishery. Thank you. (Jon Kalata, 1575 Christie Place)
2. Every suburb has a community center. Let's have one too. There is lots of trash in the
lake. I can't keep up to it. (Leonard A. Jablonski, 1763 Maryknoll Avenue)
3. It really looks good! I'm already thinking about arranging a multi -state, multi -national
family reunion at Wakefield! (Lee Egerstrom, 1808 Prosperity Road)
4. My wife Diane and I live 1 block from Wakefield Park. We are both in favor of the
community building, and see the value it adds for community purposes, as well as the
potential opportunities with renting on occasion to families and community groups. I don't
see this as a wasteful use of tax funding, and know that as the construction costs are
Packet Page Number 118 of 153
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paid -off, the annual maintenance costs will have little impact on annual property taxes.
Definitely great for rain or shine events!
On a related issue, we also realize the importance of getting the water condition of
Wakefield Lake cleaned from its current distressed state. It's been a shame that a place
of such beauty has had such treatment of the water over the years. We understand that
some years back, people could safely swim in the lake. One other issue is that we are
baffled at all the tree and bush cutting along the east side of the park - with all the
stumps left behind. Does that serve some purpose? Anyway, thanks for your time! (Bob
Muldoon, 1885 Maryknoll Ave N)
5. Wonderful idea! My husband, Mike Seppelt (EDA director in Hutchinson), is in support
as well. (Ann Seppelt, owner of 1876 Barclay Street North)
Against
1. I am 100% against the project. (Ricky Stubbs, 1860 Barclay Street)
2. 1 would rather the city put money into improving water quality in Wakefield Lake. No
need for another community center when there is one less than a mile away. (No name
or address given)
3. 1 am against this project.* (No name or address given) *Staff could not read the
handwriting on the rest of this letter.
4. 1 am opposed to the plan for 1725 Prosperity Rd N that is currently written for the
following reasons:
1.) 1 have been a resident near Wakefield Lake for over 20 years. Over 15 years ago,
Wakefield Park was updated with waking paths, the restroom building was taken down
and the lights an the field lights were taken down. The neighborhood was presented a 3
phase plan that included additional walking trails, sand lot volleyball, lighted trails and
other enhancements. None of this was ever completed. The area for the sandlot
volleyball was started and is now just grass grown over sand. The sliding hill was
supposed to have been re -graded for recreational use with lights added. When the street
re -development was done and the water gardens were added, the existing culverts were
just buried and you can see the exits of them along the north side of the lake, too.
2.) Wakefield Park was also discussed by the city as a neighborhood park. Adding this
large development would change this.
3.) There are issues in the park now with after hours use and things going on at night in
the woods at the southeast end of the lake. A walk through of this area will uncover a lot
of trash and evidence of over night use. The area behind the East Twins ball park is
treated like a yard compost site and also has trash.
4.) The park as it is now is not as well-maintained as I think it should be. The current
paved paths are broken up in places, park benches are sometimes left broken for long
lengths of time, and trash barrels and picnic tables are thrown in the lake. Tree damage
from storms and old age have usually been left un maintained for long lengths of time
and the rock fishing piers have sunken in. The ball fields have been getting over used for
Packet Page Number 119 of 153
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volleyball to the extent that the grass gets worn out. The ball field closest to
Hazelwood/Ripley has the recreational ice rink dirt mound as a hazard in right field. The
general condition of the ball fields is bad.
I would prefer that funding be used to clean up the issues that I have mentioned,
remodel the warming house, move the recreation rink away from the Hazelwood/Ripley
ball field, fix up the ball fields and enhance the walking paths and spruce up the area
with more attractive benches, trash containers and better -looking portable bathrooms. I
would like to see the winter accessibility of the warming house increased and
communication of its availability improved (Add signage). I would like to see the
volleyball area completed and maybe add more to offset the over use of the baseball
fields. The boarded ice rink area looks bad in the summer and I could see it being
improved with a concrete surface that could be used in the summer for roller hockey or
other activities.
I think the addition of the building that is being proposed would be a target for vandalism,
too, without proper oversight. Instead of the building as proposed, how about
another/larger picnic area similar to Oakdale's Walton Park? Maybe include an outdoor
entertainment stage... (Tim McKane, 1491 Ripley Avenue)
5. We have lived in our home for 28 years at 1523 Ripley Ave. Unfortunately we will be
unable to attend the meeting on Tues. Feb 20th but would like to have the following
points discussed:
a. When the park was originally redeveloped the main reason of eliminating the 3rd
softball field and parking lot was reduce the traffic and parking issues in the
neighborhood.
b. It was determined back then that the neighborhood roads were not meant to
handle high traffic flow.
c. When there is any event at the park currently - the roads are packed with
vehicles parking in our yards, people walking across our yard, garbage from
them left in our yard.
d. A 3,300 sq foot building is larger than 3 homes in the area.
e. This building would be built right out of our picture window - eliminating our
peaceful view of the rolling hills of the park.
f. If this building is built the park would then have a warming house, Gazebo and
this building.
g. If a place is needed to have exercise classes - why not have them at Gladstone
or the YMCA?
Another building to encourage vandalism and encourage homeless to seek
shelter (we see them staying in the park on a regular basis during summer
months)
Many people also park along Frost Ave and it is very difficult to see oncoming
vehicles when trying to pull out from Hazelwood onto Frost Ave.
Overflow parking also happens at Cross Lutheran Church in their parking lot
which should not be happening as that is their private lot.
I do not believe having this building will help property values either - in fact for us
we feel this will cause our home value to decrease. (Tim and Debbie Walker,
1523 Ripley Ave)
Packet Page Number 120 of 153
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Other Comments
1. Before this project goes anywhere, Wakefield Lake needs to be cleaned up. There need
to be a plan to address the asian milfoil in the lake. I have been a resident here for over
30 years and this is as bad as I have ever seen the water quality. Please feel free to
send me an email to let me know how the water quality will be addressed. Thank you.
(Jeffrey C. Brastad, 1887 Dieter Street)
2. Will the ice rink and hockey rink stay? Along with the warming house?
• Will the play area stay? — Add more benches and tables
• Improve the amount of parking — the lot is too small
• 1 can't tell if the outside Gazebo is staying
• Will the building be for rent and will it have a kitchen?
• They need to have at least a side walk going from Frost Avenue to the Park
on the side of the street that the park is on and not the side the houses are
on. This is a very active park in the spring, summer and fall with groups and
families playing volleyball. They park along the street, making it difficult to
walk to the park. I don't know why it wasn't done when they did the
Hazelwood of Frost Avenue. John Glenn middle school takes the children
with physical and intellectual disabilities to the park in the spring and fall.
(Deborah Tschida, 1941 Hazelwood Ave)
3. Before moving forward on the proposed building of a 3,300 square foot building at
Wakefield Park there are several questions we would like to have answered:
a. It appears that the building would displace the two skating rinks as well as the
sand, volley ball area .... Is that correct?
b. Is the current Eagle Scout wildflower garden going to be retained?
c. What is being done to improve the quality of the lake? Will it ever be clean
enough to swim in?
d. Is the lake still being stocked with fish by the DNR, and if so, how can the city
encourage fishing from a lake too polluted to swim in as one that's OK to eat fish
from?
e. Is the increased parking area going to displace one of the ball fields?
f. Are there plans to add a sidewalk on Hazelwood, along the west side of the park,
too?
Other concerns:
a. The shoreline of the lake is not being taken care of ... excessive growth and years
of debris.
b. The Boy Scout trail along the southeast part of the lake should be improved.
c. The sliding hill has been fenced off — will the site be cleaned up and improved so
that winter activity will be available for kids again?
These are questions and concerns we feel should be addressed before adding the
community use building, especially the lack of parking and loss of existing facilities
and activities. (Richard and Judith Steenberg 1854 Barclay Street)
Packet Page Number 121 of 153
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Reference Information
Site Description
Site Size: 34.32 Acres
Existing Land Use: Park and associated building and structures
Surrounding Land Uses
North:
Frost Avenue and a church
South:
Residential properties
East:
Residential properties and a church
West:
Residential properties
Planning
Existing Land Use: Parks (P)
Existing Zoning: Open Space and Parks (OSP)
Code Requirements
Section 44-1092(1) requires a conditional use permit for any public service or public building
use.
Findings for CUP Approval
Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer
to the findings for approval in the resolution attached to this report.
Application Date
The city deemed the applicant's applications complete on January 31, 2018. The initial 60 -day
review deadline for a decision is April 1, 2018. As stated in Minnesota State Statute 15.99, the
city is allowed to take an additional 60 days if necessary in order to complete the review of the
application.
Attachments
1. Overview Map
2. Land Use Map
3. Zoning Map
4. Applicant's Letter
5. Applicant's Site Plan
6. Applicant's Building Elevations
7. Shann Finwall, Environmental comments, dated February 12, 2018
8. Jon Jarosch, Engineering comments, dated February 13, 2018
9. Project Presentation
10. Conditional Use Permit Resolution
11. Advertising for Bids Resolution
12. Applicant's Plan Set (separate attachment)
Packet Page Number 122 of 153
Wakefield Park - 1725 Prosperity Road North
City of Maplewood
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Wakefield Park - 1725 Prosperity Road North J4, Attachment 2
W V—*' M City of Maplewood February 13, 2018
Maplewood
Packet Page Number 124 of 153
Wakefield Park - 1725 Prosperity Road North
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February 13, 2018
Packet Page Number 125 of 153
Wakefield Park Improvements Narrative
Project Introduction
J4, Attachment 4
One of the major recommendations and strategies identified in the Maplewood Parks System
Master Plan was to build a multi-purpose facility at Wakefield Park that would provide needed
space for the City's Parks & Recreation programs. The Parks System Master Plan envisions
Wakefield Park as one of the City's signature parks. The new multi-purpose facility at Wakefield
Park will embrace Maplewood's diverse population and serve as a local "hub" and gathering
place for residents. This facility will also provide much needed programming space for
youth/adult dance classes, arts and education programs, preschool classes and City Special
Events.
Project Background
In accordance with City Council's strategic priority of Coordinated Communication, a significant
public engagement process was utilized to help inform the design process for the proposed
improvements as summarized below:
• Project kick-off at a City Council work session on March 27, 2017
• Community Design Review Board (CDRB) meeting on April 18, 2017
• Planning Commission meeting on April 18, 2017
• Parks and Recreation Commission (PRC) meeting on April 19, 2017
• Environmental and Natural Resources Commission (ENRC) meeting on May 15,
2017
• Community Open House on June 28, 2017
• Parks and Recreation Commission (PRC) meeting on August 16, 2017
• Environmental and Natural Resources Commission (ENRC) meeting on August 21,
2017
To engage stakeholders (residents, businesses, and park users) and ensure that all had an
opportunity to participate in the process, a survey was made available to residents and park
users in May 2017 to capture the needs of the community and users of the park system. The
survey was mailed to Maplewood residents who live near/around Wakefield Park, was included
in the Maplewood Living Newsletter (both hard copy and an online link) and was promoted on
the City website, City social media sites, and in the Parks & Recreation brochure.
A Community Open House was held at Wakefield on June 28, 2017. An invitation to attend was
mailed to over 500 households, promoted in the Parks & Recreation brochure, Maplewood
Living newsletter and on the City website and City social media sites. City staff, along with our
consultants and a member of the Parks and Recreation Commission were on hand to talk about
the project, gather feedback and answer questions. Over 45 people attended the meeting.
Overall, the feedback from the public regarding the preliminary park design was positive,
specifically concerning the proposed building location and its proximity to the lake. However, a
group of residents did raise concerns about the water quality of Wakefield Lake. As a result,
City staff is working in cooperation with the Ramsey -Washington Metro Watershed District
(RWMWD) to develop plans to address these water quality concerns.
Packet Page Number 126 of 153
J4, Attachment 4
Staff also met with representatives from the Police, Fire and Public Works Departments to
identify additional design elements that pertain to environmental design standards, crime
prevention and maintenance. That information includes the following:
• The Community Building and its related site improvements will be designed to meet the
2012 Green Construction Code (IgCC) which was adopted by the City as a Code
requirement. The IgCC includes criteria with respect to the following:
o Material resource conservation and efficiency.
o Energy conservation, efficiency and CO2 emission reduction.
o Water resource conservation, quality and efficiency.
o Indoor environmental quality and comfort.
o Commissioning, operation and maintenance.
Our asset management software, Cartegraph, will be used to track the building condition
and manage maintenance needs and costs.
We are proposing to use quality and locally sourced building materials that may be more
expensive up front but will result in long-term savings due to reduced maintenance costs
and building longevity. These materials include:
o Real stone veneer
o Prefinished metal roofing
o Sustainably grown wood products
Packet Page Number 127 of 153
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Environmental Review
Project: Wakefield Park Community Building
Date of Plans: November 21, 2017 Landscape Plan
January 25, 2018 Wetland and Tree Plan
Date of Review: February 12, 2018
Location: 1725 Prosperity Road
Reviewer: Shann Finwall, Environmental Planner
(651) 249-2304; shann.finwall(a-)maplewoodmn.gov
Background
Maplewood Parks and Recreation Department is proposing to build a 3,300 square foot
community building in Wakefield Park (1725 Prosperity Road North). The project will be
constructed near Wakefield Lake, which is a Class III Public Water, and Manage B
wetlands adjacent the lake. There are significant trees that will be impacted by the
development. The project must comply with the City's shoreland, wetland, and tree
preservation ordinance.
Discussion
Shoreland Ordinance: Wakefield Lake is classified as a Class III public water in
the City's shoreland ordinance. Nonresidential developments must maintain a
50 -foot setback from the ordinary high water mark of Wakefield Lake.
Shoreland Impacts: As proposed the Wakefield Community Building will
maintain a 104 -foot setback to the ordinary high water mark of Wakefield Lake.
The Wakefield Park Community building meets the requirements of the
shoreland ordinance.
2. Wetland Ordinance: There is a Manage B wetland located around the edges of
Wakefield Lake. The wetland ordinance requires a 50 -foot minimum buffer for
Manage B wetlands that are adjacent a lake. No building, grading, or stormwater
structures can be located within the buffer.
Wetland Impacts: The building, grading, and all stormwater structures will be
constructed outside of the required 50 -foot wetland buffer. The Wakefield Park
Community building meets the requirements of the wetland ordinance.
3. Tree Ordinance: Maplewood's tree preservation ordinance describes a
significant tree as a hardwood tree with a minimum of 6 inches in diameter, an
evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with
a minimum of 12 inches in diameter. A specimen tree is defined as a healthy
tree of any species which is 28 inches in diameter or greater. The ordinance
Packet Page Number 134 of 153
J4, Attachment 7
does not require tree replacement for public improvement projects. The City
should, however, replant one tree for one tree removed at a minimum.
Tree Impacts: Seven significant trees will be removed with the development of
the Wakefield Park Community building. Five of those trees are ash trees. The
landscape plan calls for 29 new trees to be planted with the development: 25
deciduous (2.5 caliper inch trees) and 4 evergreen (8 -foot high trees). The
Wakefield Park Community building meets the requirements of the tree
ordinance.
2
Packet Page Number 135 of 153
J4, Attachment 8
Engineering Plan Review
PROJECT: Wakefield Park Community Building
PROJECT NO: 18-04
COMMENTS BY: Jon Jarosch, P.E. — Staff Engineer
DATE: 2-13-2018
PLAN SET: Engineering plans dated 11-21-2017
The Parks and Recreation Department is proposing to construct a 3,300 square foot community
building at Wakefield Park. They are requesting review of the current design.
Drainage and Stormwater Management
1) The amount of disturbance on this site is greater than '/2 acre. As such, the applicant is
required to meet the City's stormwater volume reduction, rate control, and other
stormwater management requirements.
2) The project shall be submitted to the Ramsey -Washington Metro Watershed District
(RWMWD) for review. All conditions of RWMWD shall be met.
Grading and Erosion Control
3) Inlet protection devices shall be installed on all existing and proposed onsite storm
sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent
streets that could potentially receive construction related sediment or debris.
4) Adjacent streets and parking areas shall be swept as needed to keep the pavement
clear of sediment and construction debris.
5) All pedestrian facilities shall be ADA compliant.
6) The total grading volume (cut/fill) shall be noted on the plans.
7) All areas disturbed within the right-of-way shall be restored per the City's right-of-way
ordinance.
8) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the
issuance of a grading permit.
9) Two rows of heavy-duty mesh backed silt fencing, or other approved perimeter control
measures shall be installed between any disturbed areas of the site and Wakefield Lake.
Packet Page Number 136 of 153
J4, Attachment 8
Sanitary Sewer and Potable Water
10) A SAC determination shall be obtained for this project. The applicant shall be
responsible for all SAC and WAC charges associated with this development.
Public Works Permits
The following permits are required by the Maplewood Public Works Department for this project.
The applicant should verify the need for other City permits with the Building Department.
11) Grading and erosion control permit
12) Storm Sewer Permit
- END COMMENTS -
Packet Page Number 137 of 153
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J4, Attachment 10
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, the City of Maplewood Parks and Recreation Department has applied for a
conditional use permit to build a community building at 1725 Prosperity Road North.
WHEREAS, conditional use permits are required for any public service or public building
use.
WHEREAS, this permit applies to the 34.32 acre site at 1725 Prosperity Avenue North.
The property identification number is:
15-29-22-43-0022
WHEREAS, the history of this conditional use permit is as follows:
On February 20, 2018, the planning commission held a public hearing. The city
staff published a hearing notice in the Maplewood Review and sent notices to the
surrounding property owners. The planning commission gave everyone at the
hearing a chance to speak and present written statements. The planning
commission recommended that the city council approve the conditional use
permit.
2. On February 26, 2018, the city council discussed the conditional use permit.
They considered reports and recommendations from the planning commission
and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council the above-
described conditional use permit because:
The use would be located, designed, maintained, constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods
of operation that would be dangerous, hazardous, detrimental, disturbing or
cause a nuisance to any person or property, because of excessive noise, glare,
smoke, dust, odor, fumes, water or air pollution, drainage, water run-off,
vibration, general unsightliness, electrical interference or other nuisances.
5. The use would not exceed the design standards of any affected street.
6. The use would be served by adequate public facilities and services, including
streets, police and fire protection, drainage structures, water and sewer systems,
schools and parks.
Packet Page Number 151 of 153
J4, Attachment 10
7. The use would not create excessive additional costs for public facilities or
services.
8. The use would maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
All construction shall follow the project plans as approved by the city. The
director of environmental and economic development may approve minor
changes.
2. The proposed construction must be substantially started within one year of
council approval or the permit shall end. The council may extend this deadline
for one year.
3. The city council shall review this permit in one year.
4. The use of nine foot wide parking spaces is approved as an expansion of a
legal, nonconforming use.
5. Prior to receiving any building permits related to this project, the Community
Design Review Board must approve all design plans.
The Maplewood City Council this resolution on February 26, 2018.
Packet Page Number 152 of 153
J4, Attachment 11
RESOLUTION
APPROVING PLANS
ADVERTISING FOR BIDS
WHEREAS, the City Council on February 27, 2017 authorized City staff to proceed with
the Wakefield Park Improvements, City Project PR 17-01,
WHEREAS, City staff has contracted with Kimley-Horn and Associates, Inc. to prepare
plans and specifications and 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 Parks and
Recreation Director.
2. The City Clerk or office of the Parks and Recreation Director shall prepare and
cause to be inserted into the official paper and Finance and Commerce an advertisement for
bids upon the making of such improvement under such approved plans and specifications. The
advertisement shall be published twice, at least twenty-one days before the date set for bid
opening, shall specify the work to be done, shall state that bids will be publicly opened and
considered by the Council at 10:00 a.m. on the 21s' day of March, 2018, 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 the Parks and Recreation Director 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 March 26, 2018.
The Maplewood City Council this resolution on February 26, 2018.
Packet Page Number 153 of 153
FOR THE PERMANENT RECORD
Meeting Date: 02/26/2018
To: Maplewood City Council Agenda Item: J4
From: Rita Andreoli, 1776 Maryknoll Ave. N, Maplewood MN
Date: Monday, 2/26/2018
Re: Wakefield Lake Proposed Park Renovation and Entertainment Building/Club House
Good evening, I am here to address the approximate $3 million -dollar project that is to be funded by the taxpayers for a
building to be built within Wakefield Lake Park. This will take away the citizen's land/field for outdoor activities, such as,
soccer, baseball, skating, and volleyball. In addition, I would like to point out this proposed "clubhouse" type of building
should not be the board's priority for the taxpayer's money.
I am here tonight to plead with the City Council to vote against funding for this Wakefield "Clubhouse" development
project especially since it appears our safety and infrastructure have long been ignored.
I am proposing the following:
(1.) A portion of the $3 million dollars be put towards raising our Police base pay yearly salary from approximately $55K
to match the base average of the citizen of Maplewood to approximately $65K. Our police force risks their lives
every day for the citizens of Maplewood and should be well compensated by the citizens of Maplewood. In addition,
MN has been recently portrayed on a documentary that we have become the corridor for drug smuggling from east
to west and from the south. So, in today's environment, we need to keep the best of the best within our police
department and compensate them as they are laying down their lives every day to protect us. It is the least we can
do for our unsung heroes.
(2) Use a portion of the proposed $3million dollars to fund Wakefield park building plans to repair our infrastructure. I
have lived in Maplewood for over 11 years and not once have I seen Frost road or Prosperity road replaced. Every
year, these patched up roads get so bad that it was like driving on an obstacle course. This potentially poses a
pedestrian hazard as cars try to dodge these potholes.
(3.) Use the remaining monies to fund the local school system facilities near Wakefield Lake Park to do after school
indoor activities. Hire the school professionals to run these programs.
I ask the council to seriously consider voting in favor of using our hard-earned taxpayer's money for increasing the police
salary; local road replacement projects; and supplementing the local school systems to have indoor activities within their
facilities after school hours.
(4.) In addition, I would also like to bring to the council members attention a recent news report. As of Feb 20th, 2018,
there was an $850million dollar settlement in MN. This money is actually a grant to be used for the Twin Cities east
metro region. "it is to be used to continue delivery of water to residents and enhancing ground water recharge to
support sustainable growth. The projects will also result in habitat and recreation improvements, such as, fishing
piers, trails and oven space preservation." If it is truly the intent of the park/recreation panel to "beautify"
Page 1 of 2
Wakefield Lake, then I encourage the City Council members to pursue this grant in order to clean up Wakefield Lake.
Currently, there is a gentleman who the parks/recreation folks have hired to evaluate the dredging/cleaning of a
wetland project that was also proposed on Feb. 20th, 2018. 1 did not get the gentleman's name, but I had asked
him to define what aeration does for stagnant bodies of water in regard to pollution/runoff. He very eloquently
defined its benefits to keeping the phosphates in a form that is unable to promote algae bloom in a stagnating body
of water. I equate stagnated lakes akin to fish tanks and how they are kept clean by using filtration and aeration. As
an example, Mounds Park Academy located on the northside of Larpenteur Road that is located between Whitebear
Road and Mcknight Road, has a small narrow pond in front of their property and it's aerated and wild -life enjoy it
without having to treat the water. We should take their lead and use aeration for Wakefield Lake in addition to
supporting 3M by purchasing their filtration products to trap any water contaminants. This type of cleanup for
Wakefield Lake Park will be sustainable using a portion of the $850 million -dollar grant money rather than trying to
bleed the taxpayers to build a useless building and the addition cost of removing the children's playing fields.
These suggestions I have brought before you, (1.) to use our taxes for ensuring the base salary of our police force meets
with at least the medium of our citizens salaries; (2.) repaving Frost & Prosperity roads this summer; (3.) supplementing
the local school systems for after-hours indoor activities; and (4.) using the Grant money to clean up Wakefield Lake
appears to offer the council efficient and effective means to sustain a healthy and happy environment for the taxpayers
of Maplewood.
Thank you for your time and I do hope you vote against the "clubhouse development" of Wakefield Lake Park and take
my alternative suggestions as the more favorable options for the citizens of Maplewood. We, I, love our city and
Wakefield Park Lake and its open spaces.
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