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HomeMy WebLinkAbout2016 06-27 City Council Meeting Packet AMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 27, 2016 City Hall, Council Chambers Meeting No. 12-16 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 City Council Workshop Minutes from June 13, 2016 2. Approval of City Council Meeting Minutes from June 13, 2016 F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Presentation of Police Study by Roseville Area League of Women Voters 4. Presentation of Awards – Police Department a. Presentation of Lifesaving Award to Sgt. Brian Bierdeman and Officer William Sypniewski b. Presentation of Medal of Special Commendation to Detective Paul Theisen c. Presentation of Medal of Special Commendation to Sgt. Joe Steiner d. Presentation of Lifesaving Award to Sgt. Paul Thienes e. Presentation of Citizen Award to David Geiger 5. Approval of a Resolution of Appreciation for Leo Burger, Community Design Review Board 6. Approval of Resolution of Appreciation for Brenda Rudberg 7. Approval of Resolution of Appreciation for Robert Creager 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 a Resolution for an Application to Conduct Off-Site Gambling for Merrick, Inc at Light It Up Maplewood, 1663 County Road C 3. Approval of Resolution Authorizing Purchase of Insurance Agent Services 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 Cit y 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 appreciat e 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. 4. Approval of Joint Powers Agreement Renewal and a Resolution for the Minnesota Internet Crimes Against Children Task Force (MICAC) 5. Approval of a Resolution Identifying Support and Authorizing an Application for a Metropolitan Council Planning Assistance Fund Grant – 2040 Comprehensive Plan Update 6. Approval of 2016 Spring Clean Up Summary H. PUBLIC HEARINGS 1. Public Hearing for 2016 CIP Projects I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Consider Approval of Operational Action Plan for Stargate Night Club, 1700 Rice Street 2. Consider Approval of a Proposed Medical Office Building, Northwest Corner of Hazelwood Street North and Beam Avenue East a. Conditional Use Permit Resolution b. Design Plans c. Comprehensive Sign Plan d. Lot Division 3. Consider Preliminary Approval of Issuance of Bonds 4. Consider Approval of Goodrich Park Playground Improvements 5. Consider Approval of Gladstone Savanna Playground Project 6. Consider Approval of a Resolution Authorizing the City of Maplewood to Serve as the Responsible Governmental Unit for the 3M B229 Parking Ramp Environmental Assessment Worksheet (EAW) 7. Consider Approval of a Solar Garden Subscription Agreement K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADJOURNMENT E1 June 13, 2016 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday, June 13, 2016 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:00 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Absent C. APPROVAL OF AGENDA Councilmember Smith moved to approve the agenda as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Communication Update IT Director Fowlds gave the communications update presentation and answered questions of the council. 2. 2016 Strategic Objectives Update Assistant City Manager/HR Director Funk gave the update to the 2016 Strategic Objectives and answered questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:58 p.m. Packet Page Number 1 of 199 E2 June 13, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 13, 2016 City Hall, Council Chambers Meeting No. 11-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:06 p.m. by Mayor Slawik. 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 Absent D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentation: Trash cans and thanks to staff. The following items under Appointments and Presentation were moved as follows: F1 (previously F3) Swearing in Ceremony for Firefighters Andrew Atwater, Charles Lander, George O’Gara and Adam Sauerwein. F2 (previously F4) Swearing in Ceremony for Police Officer Robert Starkey. F3 Update on July 4th Event F4a (previously F1a) Council Calendar Update F4b (previously F1b) Presentation of MCC Report from Hamlin University F5a (previously F2a) Proclamation of Mark Wiegel Day F5b Trach Cans and Thanks to Staff Councilmember Abrams moved to approve the agenda as amended. Seconded by Councilmember Smith Ayes – All The motion passed. Packet Page Number 2 of 199 E2 June 13, 2016 2 City Council Meeting Minutes E. APPROVAL OF MINUTES 1. Approval of May 23, 2016 City Council Workshop Minutes Councilmember Juenemann moved to approve the May 23, 2016 City Council Workshop Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of May 23, 2016 City Council Meeting Minutes Councilmember Smith moved to approve the May 23, 2016 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update (this item was moved to F4a) City Manager Coleman gave the update to the council calendar. b. Presentation of MCC Report from Hamline Students (this item was moved to F4b) Assistant City Manager/HR Director Funk gave the staff report. City Manager Coleman gave additional information about the MCC Report from Hamline Students. 2. Council Presentations a. Trach Cans and Thanks to Staff (this item was moved to F5a) Councilmember Juenemann reported on where to place your trash cans on pickup day and reminded residents that the lid should be left closed so that the trucks are able to properly pick up the cans. Councilmember Smith thanked staff for their quick response to email concerns and questions that he receives from residents. b. Proclamation of Mark Wiegel Day (this item was moved to F5b) Mark Wiegel, retired Inspector with the Ramsey County Sheriff’s Office addressed the council and gave a synopsis of his career in law enforcement. Mayor Slawik then read the Proclamation of Mark Wiegel Day. Packet Page Number 3 of 199 E2 June 13, 2016 3 City Council Meeting Minutes 3. Swearing in Ceremony for Firefighters Andrew Atwater, Charles Lander, George O’Gara and Adam Sauerwein (this item was moved to F1) Fire Chief Lukin gave the staff report. City Clerk Haag administered the oath to Firefighters Atwater, Lander, O’Gara and Sauerwein. 4. Swearing in Ceremony for Police Officer Robert Starkey (this item was moved to F2) Police Chief Schnell gave the staff report. City Clerk Haag administered the oath to Police Officer Starkey. 5. Update on July 4th Event (this item was moved to F3) Citizen Services Director/City Clerk Haag gave the update on the July 4th Event. G. CONSENT AGENDA Councilmember Abrams moved to approve consent agenda items G1-G7. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE $ 158,180.65 Checks #97368 thru #97398 dated 05/24/16 $ 189,489.56 Disbursements via debits to checking account dated 05/16/16 thru 05/20/16 $ 363,877.02 Checks # 97399 thru # 97432 dated 05/31/16 $ 533,879.79 Disbursements via debits to checking account dated 05/23/16 thru 05/27/16 $ 256,318.45 Checks #97433 thru # 97460 dated 05/31/16 thru 06/07/16 $ 272,348.96 Disbursements via debits to checking account dated 05/31/16 thru 06/03/16 $ 1,774,094.43 Total Accounts Payable PAYROLL Packet Page Number 4 of 199 E2 June 13, 2016 4 City Council Meeting Minutes $ 531,576.48 Payroll Checks and Direct Deposits dated 01/29/16 $ 1,789.03 Payroll Deduction check # 99102196 thru # 99102199 dated 05/20/16 $ 538,419.26 Payroll Checks and Direct Deposits dated 06/03/16 $ 1,331.53 Payroll Deduction check # 99102214 thru #99102216 dated 06/03/16 $ 1,073,116.30 Total Payroll $ 2,847,210.73 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of a Temporary Lawful Gambling - Local Permit for the St. Paul East Parks Lions Club at the Ramsey County Fair, 2020 White Bear Avenue Councilmember Abrams moved to approve the Temporary Lawful Gambling – Local Permit for the St. Paul East Parks Lion Club on July 13th through July 17th at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval to Purchase Laserfiche Licenses Councilmember Abrams moved to approve the purchase Laserfiche licenses via the City’s Laserfiche reseller, OPG-3 in the amount of $33,796.25. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of VantageTrust II Multiple Collective Investment Funds Trust Participation Agreement with ICMA Retirement Corporation (ICMA-RC) Councilmember Abrams moved to approve the Participation Agreement with ICMA-RC. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Approval to Purchase 800 MHz Radios Councilmember Abrams moved to approve the expenditure of $30,000 to ANCON communications for the purchase of 800 MHz radios using the State bid providing us the Packet Page Number 5 of 199 E2 June 13, 2016 5 City Council Meeting Minutes lowest possible cost. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval to Adopt the 2015 Minnesota State Fire Code Councilmember Abrams moved to approve the new 2015 Minnesota State Fire Code. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Approval of a Resolution for a Temporary Lawful Gambling - Local Permit for the White Bear Avenue Business Association at the Ramsey County Fair, 2020 White Bear Avenue Councilmember Abrams moved to approve the Resolution for a temporary Lawful Gambling – Local permit for the White Bear Avenue Business Association on July 13th through July 17th at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood. Resolution 16-06-1345 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary lawful gambling – local permit is approved for the White Bear Avenue Business Association, 2201 Birmingham St in Maplewood. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Consider Adoption of an Ordinance Repealing All Provisions of the Currency Exchange Ordinance and Replacing It with New Provisions - Second Reading Citizen Services Director/City Clerk gave the staff report. Packet Page Number 6 of 199 E2 June 13, 2016 6 City Council Meeting Minutes Councilmember Juenemann moved to approve the second reading of the ordinance repealing all provisions of the current Currency Exchange ordinance and replacing it with new provisions. Ordinance 966 An Ordinance Repealing all Provisions of the Currency Exchange Ordinance and Replacing it with New Provisions The Maplewood City Council approves the following revisions to the Maplewood Code of Ordinances: SECTION 1. This section repeals all sections of Chapter 14, Article XII, Division 4, Currency Exchange and replaces them with new sections as follows: DIVISION 4. – CURRENCY EXCHANGE Subdivision I. – In General Sec. 14-801. – Definitions. For the purpose of this chapter, the following words and terms shall have the meanings given them: (1) Application. The term “application” includes applications for both new and renewal licenses. (2) Commissioner. The Minnesota Commissioner of Commerce. (3) Currency Exchange Business. Any person, except a bank, trust company, savings bank, savings and loan association, credit union or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders, or traveler’s checks for a fee. A person who provides these services incidental to the person’s primary business is not included in the definition if the charge for cashing a check or draft does not exceed one dollar or one percent of the value of the check or draft, whichever is greater. (4) Person. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or non-profit corporation; a trust; a political subdivision of the State; or any other business organization. Subdivision II. - License Sec. 14-802. – State License Required. No person may engage in the business of currency exchange in the city without first obtaining a license from the Commissioner as provided by Minnesota Statutes Chapter 53A, and without first obtaining a conditional use permit for the permitted zoning district in accordance with Sections 44-512(14) and 44-637(1) of this Code. Sec. 14-803. - License Application Review Procedures. (1) Notice of Application from the Commissioner. Upon receipt of the notice of application from the Commissioner, the city clerk will request the complete application file from the Commissioner’s office including any background check reports. The city Packet Page Number 7 of 199 E2 June 13, 2016 7 City Council Meeting Minutes clerk may request additional information from the applicant at any time during the application review process as deemed necessary. (2) Application Review Fee. Immediately upon the receipt of the notice of application from the Commissioner the city clerk shall send a certified letter to the applicant requesting an application review fee be paid within 15 days of the date on the Commissioner’s notice. The fee shall be set by council resolution from time to time and shall be non-refundable. (3) Application Verification. Upon receipt from the Commissioner of a complete application for the currency exchange license, the city clerk will cause to be published in the official newspaper of the City notice of the date, time, and place for a public hearing before the Council on the application. Prior to the public hearing, the city clerk shall cause to be submitted to the Council reports regarding compliance of the application with zoning regulations, access, property tax regulations as well as with Section 14-804. (4) Public Hearing. The public hearing before the City Council shall take place no later than forty-five (45) days after receipt of the notice of application from the Commissioner. At the public hearing the City Council shall solicit testimony from any interested persons. Following the public hearing the Council will vote to concur with or reject the application. If the application is accepted, the city clerk shall notify the Commissioner of the City Council’s concurrence pursuant to Minnesota Statutes, Section 53A.04. If the application is denied by the City Council the city clerk shall notify the Commissioner and send the applicant by certified mail notice of the denial and the reasons therefor. (5) Appeal. Within 30 days of receiving the notice of denial from the City, an applicant may request an evidentiary hearing. The evidentiary hearing may be held before a hearing examiner or a designee of the City Manager, who shall follow the contested case procedure detailed in Minnesota Statutes, Sections 14.57-14.62. The hearing examiner or designee shall make written findings of fact and a written recommendation to the City Council. Following receipt of such findings and recommendation, the City Council shall vote on issuance or non-issuance of the license and that decision shall be forwarded to the Commissioner. Sec. 14-804. – Standards for Withholding Local Concurrence of a State Currency Exchange License. The council may withhold its concurrence of a new or renewal state currency exchange license, if the principal applicant person fails to meet any one of the following standards or requirements: (1) Applicant Ineligibility. (a) Is not at least 18 years of age on the date the license application is received by the City. (b) Is not the real party in interest in the business to be licensed. (c) Has falsified information or omitted material information on the license application form required by State Law or this Division. (d) Has violated any provision of Minnesota Statutes Chapter 53A or this Division within three (3) years prior to the application date. Packet Page Number 8 of 199 E2 June 13, 2016 8 City Council Meeting Minutes (e) Has been convicted of a crime that is directly related to the license sought as defined by Minnesota Statutes, Section 364.03, subdivision 2, and is not able to show competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of the licensed occupation, as defined by Minn. Statutes 364.03, subdivision 3. (2) Improper Zoning. Local concurrence may be withheld if the place of business to be operated under the license is located in a zoning district in which a currency exchange business is not permitted and/or a conditional use permit has not been obtained pursuant to the Code. (3) Distance Limitations. Local concurrence may be withheld if the proposed currency exchange business is not located at least 500 feet away from a residential lot line and at least 500 feet of any school or church as provided in Section 44-512(14). (4) Nonpayment of Fee. Local concurrence may be withheld if the applicant does not submit the appropriate application review fee to the City as required in Section 14- 803(2). (5) Noncompliance with other provisions of the code. Local concurrence may be withheld if the currency exchange business does not comply with applicable zoning, building or fire codes. Sec. 14-805. – Limitation on Number. No more than one currency exchange license shall be issued by the city at any time. The city shall give priority to qualified applicants for renewal of an existing license. Sec. 14-806. – Penalties. A violation of any provision of this chapter will be a misdemeanor under Minnesota Law. Seconded by Councilmember Abrams Ayes – All The motion passed. J. NEW BUSINESS 1. Consider Approval of a Noise Control Waiver Request for Destiny Café 2 Corp at the Aldrich Arena, 1850 White Bear Avenue Citizen Services Director/City Clerk Haag gave the staff report and answered questions of the council. Councilmember Abrams moved to approve Noise Control Waiver Request for Destiny Café 2 Corp at the Aldrich Arena, 1850 White Bear Avenue on Friday, July 1, 2016 from 7:00 PM to 2:00 A.M on Saturday, July 2, 2016. Seconded by Councilmember Smith Ayes – All The motion passed. Packet Page Number 9 of 199 E2 June 13, 2016 9 City Council Meeting Minutes 2. Consider Approval of 2017 – 2019 Strategic Plan Assistant City Manager/HR Director Funk gave the staff report. City Manager Coleman gave additional information about the Strategic Plan. Councilmember Abrams moved to approve the 2017-2019 Strategic Plan and directed staff to add additional wording under Targeted Redevelopment relating to Environmental Impact as targeted redevelopment is done. Staff was further directed at a future retreat to include a column to the Strategic Plan Summary referencing Resident Benefits/Outcomes between Strategic Priority and Key Outcomes Indicators. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Consider Approval of Data Sharing/Research Agreement with and Between the City of Maplewood, Maplewood Police Department and the Center for Policing Equity (CPE) at the University of California – Los Angeles (UCLA) Police Chief Schnell gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Data Sharing/Research Agreement with and between the City of Maplewood, Maplewood Police Department and the Center for Policing Equity (CPE) at the University of California – Los Angeles (UCLA) Seconded by Councilmember Abrams Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. None M. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:00 p.m. Packet Page Number 10 of 199 F1a MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: June 22, 2016 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. July 11th a. Workshop: Election Equipment Demonstration, Report from Ramsey County Attorney John Choi, Preliminary CIP Review 2. July 12th a. Business Retention Programming Planning Meeting with HEDC at 7 pm 3. July 13th a. White Bear Avenue Parade 4. July 25th a. Workshop: Preliminary Budget Discussion, Including Setting Schedule 5. August 8th a. Workshop: Begin Budget Presentations Budget Impact None Recommendation No action required. Attachments None Packet Page Number 11 of 199 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: June 22, 2016 SUBJECT: Presentation of Police Study by Roseville Area League of Women Voters Introduction/Background Carrie Dickson will be giving a presentation of the Police Study completed by the Roseville Area League of Women Voters. Budget Impact None Recommendation No action required. F3 Packet Page Number 12 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Chief of Police/Public Safety Director DATE: June 20, 2016 SUBJECT: Presentation of Awards Introduction The Maplewood Police Department will be presenting a series of significant awards to Police personnel and members of the public. Background Presentation of Lifesaving Award to Sgt. Brian Bierdeman and Officer William Sypniewski. Presentation of Medal of Special Commendation to Detective Paul Theisen. Presentation of Medal of Special Commendation to Sgt. Joe Steiner. Presentation of Lifesaving Award to Sgt. Paul Thienes. Presentation of Citizen Award to David Geiger. Budget Impact Information only. Recommendation None. Attachments 1. Award Certificates F4 Packet Page Number 13 of 199 Maplpwooo Polrcs DBpaRtuBNt a a PRESEN OD TO SnnCUANT BnrIN BTENNNMAN FOR YOUR STRA'I'EGIC'I'HINKINO AND DEDICATION TO SUCCESSFULLY BRINC A SI.]ICIDAI, INDIVIDUAL To SAFETY oN DECEMBER 2, 20 I 5 M^Y 3t.2016 " ' ""' "' '\"1' ('l'/' i ' lav ( ,t (. l(1,r1,,.(' PA(]I, P. SCTINEI,CHIEF oF PoLICE F4, Attachment 1Packet Page Number 14 of 199 Maplewoop Pot-tce DspaRrueNr a a PRESENToD TO OrrrcER WILLIAM SypNmWSKI F'()tryotIIts {A'tti(iI( t'l NKtN(iANr)I)lit)t(AltoN t'o st.rC('tisst:t Il.t.Y t}tt tN(; A sUICIt)n l. tNI)tv )tiAt. t() sAt:ri|y oN Dti( tiMB|R. 2.2015 M^Y 31,2016 ,,( l,(it: (,('\,,.1'(tli/ ( ,l ",1iI,1,r,/r'I { '(IPAUL P.TINELL, CHIEF OF POLICE tt F4, Attachment 1Packet Page Number 15 of 199 Mapr-pwooo Polrcs DepaRrrueNt frle[ut ot bpedu[ @ommen[stton PRESENTED To FoR oUTSTANDING woRK AND EFFoRTS IN TIIE INVDSTIGATIONS UNIT AS A DIGITAL FORENSICS AND MOBILE DEVICE ANALYSIS AND FOR HIS INVESTIGATIVE EI.FoRTS IN INTERNET CRIMES ACAINST CHILDREN CASES. AwARDED oN JUNE 27,2016 AI.JI, P.CHNELL, CHIEF oF PoLICE ( Paur TnErsuN .,1,{tli/ii/ (:'j I r (r\\F4, Attachment 1Packet Page Number 16 of 199 ( #[e[st ot spectsl ff,ommenlutton PR.T,SEN,t'ED To SGT. Josnpu Srnmnn FOR DEMONSTRA'I'ING TREMENDOUS BRAVERY AND SELF CONTROL W}III,E EXECUTING A SEARCH WARRANT oN A HoSTILE SUSPECT IN AUGUST 20 I3. AwARDED oN JrJNE 27,2016 ?,,r ,! ii1,;,,,,,,i,, ,,, ,,,1, ,':,\,PAUI, P, SCTINEt,L, CHIEF oF PoI-ICE .,. Mapr-pwooo Polrcp DBpeRrnrpNt (r, (t (,\'.1'('li/.. ', 't/, :(It,/.t F4, Attachment 1Packet Page Number 17 of 199 MnplBwooo PoLtcp DppaRrl,tsNr a a PRf,s[]N'l'ED 'r'o SGT. P,tur Turnxns FOII DEMONSTRATINC BRAVDRY IN TIJE RESCUF] OF A DROWNINC VICTIM IN THE MIDDI,E OF LAKE PHALEN IN JUNE 20 I 6. \.t'/.1'1 ,",,,,, '' . ,,, /;, tl',!'(rli1,'.( ) '. (t (t : .,/,,, "1'r:i it,,llit',PAUL P. SCHNDLL, CI.III]F OI.. POLTCE JUNE 27,2016 , (t, (, ?a F4, Attachment 1Packet Page Number 18 of 199 Maplpwoop Por-rce DepaRrupNr [,tttlwt thur[ PRoSENTED TO Davro J. GETGER FoR EXTREME BRAVERY SHowN ON MARCH 3, 20 I 6, AND PROVIDING CITIZEN ASSISTANCE IN APPREHENDING A SUSPECT t,t /t AwARDED oN JUNE 27, 2016 ,,1"1'('liI( t , \t (j PAUL P.CHNELL, CHIEF oF PoLICE ,! f f r' 1,,,; ;, .' ;'; ;,t ",t tr t rrrrl''F4, Attachment 1Packet Page Number 19 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, Economic Development Coordinator DATE: Jun 21, 2016 SUBJECT: Approval of Resolution of Appreciation for Leo Burger, Community Design Review Board Introduction Leo Burger recently moved out of the city of Maplewood and did not apply to renew his term as a member of the Maplewood Community Design Review Board (CDRB). His granddaughter recently contacted city staff to update his residence information. The city council appointed Mr. Burger to the CDRB on February 26, 2013 and he served until April 26, 2016. Commission Review On May 24, 2016, the CDRB recommended approval of the resolution of appreciation. Budget Impact None Recommendation Approve a resolution of appreciation for Community Design Review Board member Leo Burger Attachment 1. Resolution of Appreciation for Leo Burger F5 Packet Page Number 20 of 199 RESOLUTION OF APPRECIATION WHEREAS, Leo Burger has been a member of the Maplewood Community Design Review Board since February 26, 2013 and has served faithfully in that capacity to the present time; and WHEREAS, the Community Design Review Board has appreciated Leo’s experience, insights and good judgment; and WHEREAS, Leo has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Leo has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Leo is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on ___________, 2016 ____________________________________ Nora Slawik, Mayor Passed by the Maplewood Community Design Review Board On May 24, 2016 ____________________________________ Bill Kempe, Chairperson Attest: ________________________________ Karen Haag, City Clerk F5, Attachment 1 Packet Page Number 21 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks & Recreation Director Ginny Gaynor, Natural Resources Coordinator DATE: June 27, 2016 SUBJECT: Approval of Resolution of Appreciation for Brenda Rudberg Introduction Brenda Rudberg has moved out of Maplewood and is thus no longer eligible to be a member of the Heritage Preservation Commission. Ms. Rudberg served on the HPC from April 2011 through May 2016. Budget Impact None Recommendation Approve a Resolution of Appreciation for Heritage Preservation Commissioner Brenda Rudberg. Attachment 1.Resolution of Appreciation for Brenda Rudberg F6 Packet Page Number 22 of 199 RESOLUTION OF APPRECIATION WHEREAS, Brenda Rudberg has been a member of the Maplewood Heritage Preservation Commission from April 2011 through May 2016, and has served faithfully in that capacity; and WHEREAS, the Heritage Preservation Commission has appreciated Ms. Rudberg’s experience, insights and good judgment; and WHEREAS, Ms. Rudberg has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Rudberg has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the City; and WHEREAS, Ms. Rudberg has gone beyond her responsibilities as a commissioner in working on committee assignments including the 60 Stories Project and helping write a grant that enabled the City to conduct the Historic Context Study. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Brenda Rudberg is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on ___________, 2016 ____________________________________ Nora Slawik, Mayor Passed by the Maplewood Heritage Preservation Commission On June 9, 2016 ____________________________________ Peter Boulay, Chairperson Attest: ________________________________ Karen Haag, City Clerk F6, Attachment 1 Packet Page Number 23 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks & Recreation Director Ginny Gaynor, Natural Resources Coordinator DATE: June 27, 2016 SUBJECT: Approval of Resolution of Appreciation for Robert Creager Introduction Robert Creager has moved out of Maplewood and is thus no longer eligible to be a member of the Heritage Preservation Commission. Mr. Creager served on the HPC from July 2004 through April 2016. Budget Impact None Recommendation Approve a Resolution of Appreciation for Heritage Preservation Commissioner Robert Creager. Attachment 1.Resolution of Appreciation for Robert Creager F7 Packet Page Number 24 of 199 RESOLUTION OF APPRECIATION WHEREAS, Robert Creager has been a member of the Maplewood Heritage Preservation Commission from July 26, 2004 through April 2016, and has served faithfully in that capacity; and WHEREAS, the Heritage Preservation Commission has appreciated Mr. Creager’s experience, insights and good judgment; and WHEREAS, Mr. Creager has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Creager has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Robert Creager is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on ___________, 2016 ____________________________________ Nora Slawik, Mayor Passed by the Maplewood Heritage Preservation Commission On June 9, 2016 ____________________________________ Peter Boulay, Chairperson Attest: ________________________________ Karen Haag, City Clerk F7, Attachment 1 Packet Page Number 25 of 199 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 26 of 199 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 100,218.94$ Checks # 97461 thru # 97496 dated 06/14/16 552,395.16$ Disbursements via debits to checking account dated 06/03/16 thru 06/10/16 117,932.93$ Checks #97497 thru #97522 dated 06/21/16 199,743.74$ Disbursements via debits to checking account dated 06/13/16 thru 06/17/16 970,290.77$ Total Accounts Payable 540,253.44$ Payroll Checks and Direct Deposits dated 06/17/16 1,789.03$ Payroll Deduction check # 99102229 thru # 99102232 dated 06/17/16 542,042.47$ Total Payroll 1,512,333.24$ GRAND TOTAL Attachments 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. PAYROLL MEMORANDUM June 22, 2016 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: G1 Packet Page Number 27 of 199 Check Description Amount 97461 05028 CITY HALL SOLAR SYSTEM LEASE-JUNE 397.00 05028 MCC SOLAR SYSTEM LEASE - JUNE 369.00 97462 02728 PROJ 09-08 PROF SRVS THRU 04/30 1,458.83 02728 PROJ 14-01 PROF SRVS THRU 04/30 1,237.57 97463 00393 MONTHLY SURTAX - MAY 24924123035 725.74 97464 05311 SOFTBALL UMPIRES 5/31 - 6/5 636.00 97465 01337 MULCH FOR CITY GARDENS 1,200.00 01337 SHRUBS FOR RAINGARDENS 195.00 97466 01337 FLEET SUPPORT FEES - FEBRUARY 427.44 01337 FLEET SUPPORT FEES - JANUARY 427.44 01337 FLEET SUPPORT FEES - MAY 421.20 97467 01574 VARIOUS BITUMINOUS MATERIALS~3,980.77 01574 VARIOUS BITUMINOUS MATERIALS~2,733.39 01574 VARIOUS BITUMINOUS MATERIALS~1,719.85 01574 VARIOUS BITUMINOUS MATERIALS~337.08 97468 04845 SPRING CLEAN UP-TRASH & BULKY ITEMS 8,255.12 97469 04192 EMS BILLING - MAY 4,395.00 97470 05630 NEEDS ASSESSMENT FOR P&R/MEETING 4,000.00 97471 05559 ELECT ENROLLMENT ADMIN FEE-JUNE 301.50 97472 04848 MONTHLY PREMIUM - JUNE 269.81 97473 05369 ULTRA CLEAN SRVS - CITY HALL/PARKS 462.53 05369 CLEANING SUPPLIES-CITY HALL/PARKS 124.98 97474 05507 MDSE FOR RESALE 458.88 97475 05643 ACUPUNCTURE - MAY 846.00 97476 04067 FIRE SPRINKLER INSPECTION - MCC 475.00 04067 FIRE SPRINKLER INSPECTION - FD#2 350.00 04067 FIRE SPRINKLER INSPECTION-CITY HALL 255.00 04067 FIRE SPRINKLER INSPECTION - FD#1 250.00 04067 FIRE SPRINKLER INSPECTION-PARK&REC 225.00 04067 FIRE SPRINKLER INSPECTION - NC 200.00 97477 00479 CONCRETE PRODUCTS 1,613.72 00479 CONCRETE PRODUCTS 355.00 97478 05476 KID CITY GRANT SERVICES 2016 937.50 97479 05014 DEPOSIT - SOUND,LIGHTING,STAGE 800.00 97480 05030 EQUIP LEASE - MCC - PMT#47 4,344.07 97481 05598 PROSECUTION SERVICES - MAY 11,250.00 97482 00244 WIRING LOW VOLTAGE AT EMTF 1,499.86 97483 00942 JANITORIAL SERVICES - JUNE 2,887.00 97484 01088 HAZARDOUS WASTE ANNUAL FEE (2015 W 261.58 97485 04779 SPRING CLEAN UP-MATTRESS COLLECT 2,720.00 97486 01136 ALARM TEST AT STATION 1 244.00 97487 01184 SALLY PORT GARAGE REPAIR - PD 760.70 97488 03271 MASONRY WORK - PD GARAGE DOOR 4,102.00 97489 05212 SPRING CLEAN UP-APPLIANCES/ELECT 5,900.00 97490 04074 TAI CHI INSTRUCTION 5/25 - 7/27 302.40 97491 01550 ELECTRICAL INSPECTIONS - MAY 3,054.00 97492 05528 CONTRACT 7950665-002 204.77 05528 CONTRACT 7950665-003 190.95 05528 CONTRACT 7950665-011 190.95 05528 CONTRACT 7950665-004 183.91 05528 CONTRACT 7950665-005 183.91 05528 CONTRACT 7950665-001 156.20 05528 CONTRACT 7950665-010 120.22 97492 05528 CONTRACT 7950665-012 102.62 97493 01669 TOW AMB 393 125.00 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 AVESIS 06/14/2016 CINTAS CORPORATION #470 06/14/2016 CINTAS CORPORATION #470 06/14/2016 COCA-COLA REFRESHMENTS 06/14/2016 LEAH EICHMILLER 06/14/2016 T A SCHIFSKY & SONS, INC 06/14/2016 TENNIS SANITATION LLC 06/14/2016 TRANS-MEDIC 06/14/2016 AMHERST H. WILDER FOUNDATION 06/14/2016 APPRIZE TECHNOLOGY SOLUTIONS 06/14/2016 WILLIE MCCRAY 06/14/2016 RAMSEY COUNTY-PROP REC & REV 06/14/2016 RAMSEY COUNTY-PROP REC & REV 06/14/2016 RAMSEY COUNTY-PROP REC & REV 06/14/2016 RAMSEY COUNTY-PROP REC & REV 06/14/2016 NARDINI FIRE EQUIP CO INC 06/14/2016 NORTHERN DOOR COMPANY, INC. 06/14/2016 R J MARCO CONSTRUCTION INC 06/14/2016 RETROFIT COMPANIES, INC. 06/14/2016 ELAINE SCHRADE 06/14/2016 KANSAS STATE BANK OF MANHATTAN 06/14/2016 KELLY & LEMMONS, P.A. 06/14/2016 LINE 1 PARTNERS, INC 06/14/2016 MARSDEN BLDG MAINTENANCE CO 06/14/2016 MN POLLUTION CONTROL AGENCY 06/14/2016 ESCAPE FIRE 06/14/2016 EULL'S MANUFACTURING CO., INC. 06/14/2016 EULL'S MANUFACTURING CO., INC. 06/14/2016 JESSICA HUANG 06/14/2016 ICABOD PRODUCTIONS LLC 06/14/2016 MOMENTUM ENTERPRISES, INC. 06/14/2016 T A SCHIFSKY & SONS, INC 06/14/2016 T A SCHIFSKY & SONS, INC 06/14/2016 ESCAPE FIRE 06/14/2016 ESCAPE FIRE 06/14/2016 ESCAPE FIRE 06/14/2016 ESCAPE FIRE 06/14/2016 ESCAPE FIRE 06/14/2016 RAMSEY COUNTY-PROP REC & REV 06/14/2016 T A SCHIFSKY & SONS, INC Check Register City of Maplewood 06/09/2016 Date Vendor 06/14/2016 ENERGY ALTERNATIVES SOLAR, LLC 06/14/2016 ENERGY ALTERNATIVES SOLAR, LLC 06/14/2016 KIMLEY-HORN & ASSOCIATES INC 06/14/2016 KIMLEY-HORN & ASSOCIATES INC 06/14/2016 MN DEPT OF LABOR & INDUSTRY 06/14/2016 SUMMIT INSPECTIONS 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TOSHIBA FINANCIAL SERVICES (2) 06/14/2016 TWIN CITIES TRANSPORT & G1, Attachments Packet Page Number 28 of 199 97494 00063 MONTHLY PMT 04/17 - 05/16 7,499.68 97495 05531 PLAYGROUND MULCH LEGACY/WAKEF 6,825.00 97496 05013 REPAIR HOT WATER HEATER FD#1 5,756.27 05013 SPRING HVAC MAINT-NORTH FS #3 256.25 05013 SPRING HVAC MAINT-PARK MAINT 256.25 06/14/2016 WINDSCAPES 06/14/2016 YALE MECHANICAL LLC 06/14/2016 YALE MECHANICAL LLC 06/14/2016 YALE MECHANICAL LLC 100,218.94 36 Checks in this report. 06/14/2016 VERIZON WIRELESS G1, Attachments Packet Page Number 29 of 199 Settlement Date Payee Description Amount 6/3/2016 Delta Dental Dental Premium 675.62 6/6/2016 MN State Treasurer Drivers License/Deputy Registrar 47,902.74 6/6/2016 U.S. Treasurer Federal Payroll Tax 103,348.74 6/6/2016 P.E.R.A.P.E.R.A.103,301.16 6/6/2016 Empower - State Plan Deferred Compensation 31,468.00 6/6/2016 MidAmerica HRA Flex plan 13,904.26 6/6/2016 Labor Unions Union Dues 2,248.88 6/6/2016 MN State Treasurer State Payroll Tax 20,940.47 6/7/2016 MN State Treasurer Drivers License/Deputy Registrar 48,882.12 6/7/2016 US Bank Merchant Services Credit Card Billing fee 78.20 6/8/2016 MN State Treasurer Drivers License/Deputy Registrar 87,589.65 6/9/2016 MN State Treasurer Drivers License/Deputy Registrar 40,900.42 6/10/2016 MN State Treasurer Drivers License/Deputy Registrar 51,154.90 552,395.16 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 30 of 199 Check Description Amount 97497 00585 NET BILLABLE TICKETS - MAY 892.35 97498 00687 HAZARDOUS TREE REMOVAL-SKILLMAN 220.00 97499 01337 911 DISPATCH SERVICES - MAY 30,236.58 01337 CAD SERVICES - MAY 5,995.67 01337 FLEET SUPPORT FEES - MAY 461.76 97500 01750 MDSE FOR RESALE 162.98 97501 01190 ELECTRIC & GAS UTILITY 1,965.81 01190 ELECTRIC & GAS UTILITY 1,701.47 01190 ELECTRIC & GAS UTILITY 244.40 01190 FIRE SIRENS 55.12 97502 00043 EXTERIOR PEST CONTROL TREATMENT 159.00 00043 EXTERIOR PEST CONTROL TREATMENT 85.00 00043 EXTERIOR PEST CONTROL TREATMENT 51.00 97503 05434 REPAIRS TO AMB #M311 #003 VEM 3,225.16 97504 01811 MDSE FOR RESALE 405.00 97505 05318 MN PUBLIC SAFETY-POST OFFER TEST 415.00 97506 05618 LEASE CHARGES FIRE & PD VEHICLES 3,605.19 97507 05577 PLANTS FOR MCC & CITY HALL CAMPUS 976.50 97508 05649 PETTING ZOO - MOVIE EVENT AT BARN 550.00 97509 05651 PARTIAL ESCROW 2684 VAN DYKE ST N 1,501.55 97510 05448 ESCROW RELEASE 1811 ARCADE ST N 1,521.97 97511 00532 HR ATTORNEY FEE LABOR REL-MAY 641.50 97512 00986 MONTHLY SAC - MAY 14,760.90 97513 01136 ALARM SYSTEM INSPECTION 201.00 97514 01175 MONTHLY UTILITIES - MAY 3,188.63 01175 FIBER OPTIC ACCESS CHG - JUNE 1,000.00 97515 00001 REFUND F TSEGAW 2 WEEKS DAYCAMP 270.00 97516 01345 RANGE RENTAL FOR TRAINING 1,080.00 01345 RANGE RENTAL FOR TRAINING 720.00 01345 RANGE RENTAL FOR TRAINING 360.00 97517 05338 WASTE & RECYCLING SRVS - JUNE 1,040.72 97518 02001 PHONE SERVICE - MAY 2,859.49 97519 04578 TREE INSPECTION SERVICES FOR 2016 51.00 97520 01836 RADIO MAINT & SRVS - APRIL 695.18 97521 04179 PROGRAM DISPLAY SIGN MCC - MAY 325.00 97522 05491 ANNUAL MAINTENANCE FEE 36,308.0006/21/2016 ZUERCHER TECHNOLOGIES, LLC 117,932.93 26 Checks in this report. 06/21/2016 S & S TREE SPECIALISTS, INC 06/21/2016 ST PAUL, CITY OF 06/21/2016 VISUAL IMAGE PROMOTIONS 06/21/2016 RAMSEY COUNTY 06/21/2016 REPUBLIC SERVICES #923 06/21/2016 CITY OF ROSEVILLE 06/21/2016 ONE TIME VENDOR 06/21/2016 RAMSEY COUNTY 06/21/2016 RAMSEY COUNTY 06/21/2016 NARDINI FIRE EQUIP CO INC 06/21/2016 CITY OF NORTH ST PAUL 06/21/2016 CITY OF NORTH ST PAUL 06/21/2016 HASSE FAMILY ENTERPRISES LLC 06/21/2016 HIGH CALIBER BUILDERS LLC 06/21/2016 JENDI PROPERTIES LLC 06/21/2016 CAMPION, BARROW & ASSOCIATES 06/21/2016 ENTERPRISE FM TRUST 06/21/2016 GERTENS 06/21/2016 ADAM'S PEST CONTROL INC 06/21/2016 AUTONATION FORD 06/21/2016 BERNATELLO'S PIZZA 06/21/2016 XCEL ENERGY 06/21/2016 ADAM'S PEST CONTROL INC 06/21/2016 ADAM'S PEST CONTROL INC 06/21/2016 XCEL ENERGY 06/21/2016 XCEL ENERGY 06/21/2016 XCEL ENERGY 06/21/2016 RAMSEY COUNTY-PROP REC & REV 06/21/2016 RAMSEY COUNTY-PROP REC & REV 06/21/2016 THE WATSON CO INC 06/21/2016 GOPHER STATE ONE-CALL 06/21/2016 HUGO'S TREE CARE INC 06/21/2016 RAMSEY COUNTY-PROP REC & REV Check Register City of Maplewood 06/16/2016 Date Vendor 06/21/2016 MADDEN GALANTER HANSEN, LLP 06/21/2016 METROPOLITAN COUNCIL G1, Attachments Packet Page Number 31 of 199 Settlement Date Payee Description Amount 6/13/2016 MN State Treasurer Drivers License/Deputy Registrar 32,239.59 6/14/2016 MN State Treasurer Drivers License/Deputy Registrar 37,650.60 6/15/2016 MN State Treasurer Drivers License/Deputy Registrar 60,992.68 6/16/2016 MN State Treasurer Drivers License/Deputy Registrar 38,566.23 6/17/2016 MN State Treasurer Drivers License/Deputy Registrar 23,082.27 6/17/2016 MN Dept of Natural Resources DNR electronic licenses 1,834.62 6/15/2016 US Bank Merchant Services Credit Card Billing fee 105.05 6/17/2016 Optum Health DCRP & Flex plan payments 1,387.60 6/15/2016 Delta Dental Dental Premium 386.10 6/17/2016 ICMA (Vantagepointe)Deferred Compensation 3,499.00 199,743.74 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 32 of 199 CHECK #CHECK EMPLO CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, ConversioAMOUNT 06/17/16 ABRAMS, MARYLEE 456.30 SMITH, BRYAN 456.30 06/17/16 XIONG, TOU 456.30 06/17/16 JUENEMANN, KATHLEEN 456.30 06/17/16 SLAWIK, NORA 518.43 06/17/16 ANDERSON, CAROLE 1,549.16 06/17/16 DEBILZAN, JUDY 2,282.59 06/17/16 OSWALD, BRENDA 2,048.63 06/17/16 PAULSETH, ELLEN 4,378.46 06/17/16 BEGGS, REGAN 1,820.81 06/17/16 BURLINGAME, SARAH 315.10 06/17/16 RUEB, JOSEPH 3,322.60 06/17/16 ARNOLD, AJLA 868.33 06/17/16 LO, CHING 874.99 06/17/16 SCHMIDT, DEBORAH 3,281.11 06/17/16 HAAG, KAREN 4,707.36 06/17/16 KELSEY, CONNIE 739.50 06/17/16 MECHELKE, SHERRIE 1,324.91 06/17/16 MOY, PAMELA 1,634.07 06/17/16 CRAWFORD, LEIGH 1,964.19 06/17/16 LARSON, MICHELLE 2,042.59 06/17/16 VITT, SANDRA 774.67 06/17/16 WEAVER, KRISTINE 2,534.49 06/17/16 OSTER, ANDREA 2,049.51 06/17/16 RICHTER, CHARLENE 1,048.07 06/17/16 SCHNELL, PAUL 5,248.65 06/17/16 SHEA, STEPHANIE 1,610.59 06/17/16 CORCORAN, THERESA 2,044.89 06/17/16 KVAM, DAVID 4,551.01 06/17/16 WYLIE, TAMMY 1,801.79 06/17/16 ABEL, CLINT 3,191.25 06/17/16 SHEPPERD, FAITH 2,023.70 06/17/16 SHORTREED, MICHAEL 4,423.36 06/17/16 BARTZ, PAUL 3,560.43 06/17/16 BELDE, STANLEY 3,421.30 06/17/16 ALDRIDGE, MARK 3,752.81 06/17/16 BAKKE, LONN 3,392.41 06/17/16 BUSACK, DANIEL 3,857.55 06/17/16 CARNES, JOHN 3,035.88 06/17/16 BENJAMIN, MARKESE 3,408.17 06/17/16 BIERDEMAN, BRIAN 3,898.98 06/17/16 CROTTY, KERRY 4,167.21 06/17/16 DEMULLING, JOSEPH 3,907.63 06/17/16 JAHN, DAVID 2,381.38 06/17/16 RAMEAUX, THERESE 3,554.71 06/17/16 KNUTSON, LOIS 2,528.39 06/17/16 CHRISTENSON, SCOTT 2,662.82 06/17/16 COLEMAN, MELINDA 5,911.41 06/17/16 FUNK, MICHAEL 4,887.30 06/17/16 G1, Attachments Packet Page Number 33 of 199 220.00 200.00 06/17/16 DUGAS, MICHAEL 5,553.53 06/17/16 ERICKSON, VIRGINIA 3,446.88 06/17/16 FRITZE, DEREK 3,603.03 06/17/16 GABRIEL, ANTHONY 4,207.39 06/17/16 FISHER, CASSANDRA 1,812.83 06/17/16 FORSYTHE, MARCUS 3,035.88 06/17/16 HIEBERT, STEVEN 3,673.72 06/17/16 HOEMKE, MICHAEL 2,658.66 06/17/16 HAWKINSON JR, TIMOTHY 4,997.10 06/17/16 HER, PHENG 3,184.92 06/17/16 JOHNSON, KEVIN 4,073.52 06/17/16 KONG, TOMMY 3,375.70 06/17/16 HOFMEISTER, TIMOTHY 496.00 06/17/16 JAMES JR, JUSTIN 232.00 06/17/16 LANDEROS CRUZ, JESSICA 514.75 06/17/16 LANGNER, SCOTT 3,162.13 06/17/16 KREKELER, NICHOLAS 1,087.55 06/17/16 KROLL, BRETT 3,375.70 06/17/16 MARINO, JASON 3,375.70 06/17/16 MCCARTY, GLEN 3,693.26 06/17/16 LANGNER, TODD 3,526.85 06/17/16 LYNCH, KATHERINE 2,514.29 06/17/16 MULVIHILL, MARIA 2,796.10 06/17/16 NYE, MICHAEL 3,996.69 06/17/16 METRY, ALESIA 4,323.16 06/17/16 MICHELETTI, BRIAN 2,820.35 06/17/16 PARKER, JAMES 3,035.88 06/17/16 PETERSON, JARED 2,657.19 06/17/16 OLDING, PARKER 3,511.78 06/17/16 OLSON, JULIE 3,219.93 06/17/16 SLATER, BENJAMIN 2,982.05 06/17/16 STARKEY, ROBERT 2,012.19 06/17/16 REZNY, BRADLEY 3,744.70 06/17/16 SCHOEN, ZACHARY 2,844.61 06/17/16 TAUZELL, BRIAN 3,161.82 06/17/16 THEISEN, PAUL 3,519.06 06/17/16 STEINER, JOSEPH 3,666.68 06/17/16 SYPNIEWSKI, WILLIAM 3,098.90 06/17/16 WENZEL, JAY 3,375.70 06/17/16 XIONG, KAO 3,162.13 06/17/16 THIENES, PAUL 3,909.47 06/17/16 VANG, PAM 2,698.78 06/17/16 ATWATER, ANDREW 77.95 06/17/16 BAHL, DAVID 375.62 06/17/16 ZAPPA, ANDREW 2,549.38 06/17/16 ANDERSON, BRIAN 155.88 06/17/16 BEITLER, NATHAN 276.04 06/17/16 BOURQUIN, RON 207.84 06/17/16 BASSETT, BRENT 233.83 06/17/16 BAUMAN, ANDREW 3,164.11 06/17/16 COREY, ROBERT 155.88 06/17/16 CRAWFORD - JR, RAYMOND 3,325.48 06/17/16 CAPISTRANT, JACOB 311.77 06/17/16 CAPISTRANT, JOHN 378.78 06/17/16 DAWSON, RICHARD 3,477.11 06/17/16 EVERSON, PAUL 3,992.38 06/17/16 CRUMMY, CHARLES 311.76 06/17/16 DABRUZZI, THOMAS 3,641.87 06/17/16 HAGEN, MICHAEL 626.78 G1, Attachments Packet Page Number 34 of 199 06/17/16 HALWEG, JODI 3,294.08 06/17/16 HAWTHORNE, ROCHELLE 3,108.76 06/17/16 HALE, JOSEPH 363.60 06/17/16 JANSEN, CHAD 155.88 06/17/16 KANE, ROBERT 727.20 06/17/16 HUTCHINSON, JAMES 363.60 06/17/16 IMM, TRACY 815.42 06/17/16 KONDER, RONALD 477.66 06/17/16 KUBAT, ERIC 3,385.28 06/17/16 KARRAS, JAMIE 630.02 06/17/16 KERSKA, JOSEPH 804.40 06/17/16 LOCHEN, MICHAEL 415.68 06/17/16 MONDOR, MICHAEL 4,748.91 06/17/16 LANDER, CHARLES 2,777.78 06/17/16 LINDER, TIMOTHY 4,315.12 06/17/16 NIELSEN, KENNETH 363.60 06/17/16 NOVAK, JEROME 3,706.26 06/17/16 MORGAN, JEFFERY 365.83 06/17/16 NEILY, STEVEN 107.17 06/17/16 PETERSON, ROBERT 3,582.33 06/17/16 POWERS, KENNETH 3,487.44 06/17/16 OPHEIM, JOHN 363.60 06/17/16 PACHECO, ALPHONSE 623.52 06/17/16 SEDLACEK, JEFFREY 3,233.34 06/17/16 SHAW, ANTHONY 311.76 06/17/16 RODRIGUEZ, ROBERTO 3,083.39 06/17/16 SAUERWEIN, ADAM 389.71 06/17/16 TROXEL, REID 491.64 06/17/16 GERVAIS-JR, CLARENCE 4,281.98 06/17/16 STREFF, MICHAEL 3,237.55 06/17/16 SVENDSEN, RONALD 4,451.01 06/17/16 CORTESI, LUANNE 2,042.59 06/17/16 SINDT, ANDREA 2,814.60 06/17/16 LUKIN, STEVEN 4,988.41 06/17/16 ZWIEG, SUSAN 1,249.98 06/17/16 DEBILZAN, THOMAS 2,327.20 06/17/16 EDGE, DOUGLAS 2,294.50 06/17/16 BRINK, TROY 2,672.29 06/17/16 BUCKLEY, BRENT 2,447.49 06/17/16 NAGEL, BRYAN 3,888.60 06/17/16 OSWALD, ERICK 2,374.70 06/17/16 JONES, DONALD 2,327.19 06/17/16 MEISSNER, BRENT 2,344.89 06/17/16 TEVLIN, TODD 2,337.19 06/17/16 BURLINGAME, NATHAN 2,612.01 06/17/16 RUIZ, RICARDO 2,015.29 06/17/16 RUNNING, ROBERT 2,841.19 06/17/16 JAROSCH, JONATHAN 3,490.69 06/17/16 LINDBLOM, RANDAL 2,946.31 06/17/16 DUCHARME, JOHN 2,946.31 06/17/16 ENGSTROM, ANDREW 2,966.91 06/17/16 ZIEMAN, SCOTT 1,088.00 06/17/16 JANASZAK, MEGHAN 2,065.80 06/17/16 LOVE, STEVEN 4,167.26 06/17/16 THOMPSON, MICHAEL 5,176.00 06/17/16 HAYS, TAMARA 2,015.29 06/17/16 HINNENKAMP, GARY 2,676.12 06/17/16 KONEWKO, DUWAYNE 4,943.59 06/17/16 HAMRE, MILES 1,962.40 G1, Attachments Packet Page Number 35 of 199 43.74 06/17/16 ORE, JORDAN 2,015.29 06/17/16 RANWEILER, GABRIEL 810.00 06/17/16 NAUGHTON, JOHN 2,327.20 06/17/16 NORDQUIST, RICHARD 2,312.00 06/17/16 DEAVER, CHARLES 859.56 06/17/16 GERNES, CAROLE 1,488.00 06/17/16 SALCHOW, CONNOR 787.50 06/17/16 BIESANZ, OAKLEY 1,664.64 06/17/16 SOUTTER, CHRISTINE 685.00 06/17/16 WACHAL, KAREN 1,301.01 06/17/16 HER, KONNIE 936.00 06/17/16 HUTCHINSON, ANN 2,873.90 06/17/16 JOHNSON, ELIZABETH 1,610.59 06/17/16 KROLL, LISA 2,042.59 06/17/16 WOLFE, KAYLA 990.00 06/17/16 GAYNOR, VIRGINIA 3,513.22 06/17/16 MARTIN, MICHAEL 3,371.97 06/17/16 BRASH, JASON 2,941.29 06/17/16 RINEAR, STACY 966.35 06/17/16 FINWALL, SHANN 3,812.39 06/17/16 SWANSON, CHRIS 2,068.19 06/17/16 WEIDNER, JAMES 1,584.00 06/17/16 CARVER, NICHOLAS 4,517.64 06/17/16 SWAN, DAVID 2,970.59 06/17/16 BRENEMAN, NEIL 2,558.95 06/17/16 HILDEBRANDT, ADAM 28.00 06/17/16 WELLENS, MOLLY 1,899.73 06/17/16 BJORK, BRANDON 132.00 06/17/16 PHENGPHAENG, RICKY 29.25 06/17/16 ROBBINS, AUDRA 3,605.73 06/17/16 JACOBS, ROCHELLE 322.50 06/17/16 LARSON, MARIAH 31.50 06/17/16 SIEVERT, ALEXIS 31.50 06/17/16 SLAWIK, VICTORIA 9.00 06/17/16 ROBBINS, CAMDEN 96.25 06/17/16 RYCHLICKI, NICHOLE 31.50 06/17/16 HAAG, MARK 2,561.99 06/17/16 JENSEN, JOSEPH 1,923.29 06/17/16 TAYLOR, JAMES 3,605.73 06/17/16 ADAMS, DAVID 2,246.40 06/17/16 BIDWELL JR, GEORGE 344.75 06/17/16 DIONNE, ANN 399.00 06/17/16 SCHULTZ, SCOTT 3,894.83 06/17/16 WILBER, JEFFREY 1,905.80 06/17/16 GIBSON, CHRISTINE 2,144.58 06/17/16 HENDRICKS, JENNIFER 505.03 06/17/16 EVANS, CHRISTINE 2,174.03 06/17/16 FINNEY, LINDA 246.75 06/17/16 NEDEAU, NICOLE 252.00 06/17/16 O'CONNER, TERRINA 877.27 06/17/16 HOFMEISTER, MARY 1,280.04 06/17/16 KRECH, TRAVIS 285.75 06/17/16 RYDEL, KATHRYN 21.00 06/17/16 SEMONICK, MARJORIE 21.00 06/17/16 ORTIZ, ROSALIA 342.50 06/17/16 RUZICHKA, JANICE 257.51 06/17/16 WISTL, MOLLY 183.00 06/17/16 SKRYPEK, JOSHUA 305.25 06/17/16 ST SAUVER, CRAIG 787.64 G1, Attachments Packet Page Number 36 of 199 64.51 06/17/16 GRACE, EMILY 252.01 06/17/16 HER, ONG 40.00 06/17/16 CUMMINGS, KYRAYA 136.50 06/17/16 ELLISON, LELIA 130.00 06/17/16 BASSETT, ANDREA 67.50 06/17/16 CURLEY, ELAINE 15.00 06/17/16 DEMPSEY, BETH 369.77 06/17/16 BEAR, AMANDA 178.50 06/17/16 BESTER, MICHAEL 69.76 06/17/16 GREGG, PETER 114.50 06/17/16 GRUENHAGEN, LINDA 522.85 06/17/16 ERICKSON-CLARK, CAROL 37.50 06/17/16 GARTNER, DARYL 80.75 06/17/16 HANES, CHAD 49.50 06/17/16 HANSON, REBECCA 60.00 06/17/16 GUSTAFSON, BRENDA 95.00 06/17/16 HAASCH, ANGELA 66.50 06/17/16 LAMSON, ELIANA 27.38 06/17/16 MCINERNEY, JANICE 81.00 06/17/16 HOLMBERG, LADONNA 76.88 06/17/16 JOHNSON, BARBARA 238.13 06/17/16 MUSKAT, JULIE 242.51 06/17/16 NITZ, CARA 325.66 06/17/16 MCKILLOP, AMANDA 146.26 06/17/16 MILAN, COLIN 172.00 06/17/16 RESENDIZ, LORI 2,837.55 06/17/16 RICHTER, DANIEL 95.75 06/17/16 OHS, CYNTHIA 104.63 06/17/16 RANEY, COURTNEY 913.01 06/17/16 SCHREIER, ROSEMARIE 74.38 06/17/16 SMITLEY, SHARON 209.19 06/17/16 ROMERO, JENNIFER 47.00 06/17/16 SCHERER, KATHLENE 44.19 06/17/16 TUPY, MARCUS 72.00 06/17/16 WAGNER, JODY 137.00 06/17/16 TREPANIER, TODD 58.13 06/17/16 TRUONG, CHAU 70.00 06/17/16 ZIMMERMAN, JANE 209.64 06/17/16 AUBUCHON, IMAGINARA 637.44 06/17/16 WAKEM, CAITLYN 72.00 06/17/16 YANG, JUDY 110.00 06/17/16 CARTER, PRECIOUS 31.50 06/17/16 CHRISTAL, JENNIFER 162.25 06/17/16 PRIEM, STEVEN 2,612.79 06/17/16 WOEHRLE, MATTHEW 2,399.77 06/17/16 COUNTRYMAN, BRENDA 1,512.00 06/17/16 HARRER, NATALIE 1,330.00 06/17/16 KRECH, ELAINE 757.48 06/17/16 MALONEY, SHAUNA 238.50 06/17/16 DOUGLASS, TOM 2,129.99 06/17/16 HEINTZ, JOSHUA 117.00 06/17/16 STEFFEN, MICHAEL 81.00 06/17/16 TRAUTMAN, JACOB 708.04 06/17/16 PRINS, KELLY 2,023.70 06/17/16 REILLY, MICHAEL 2,081.69 06/17/16 VANG, VICHAI 75.00 06/17/16 CRAWFORD, SHAWN 658.00 06/17/16 LANGER, CHELSEA 128.26 06/17/16 MCGUIRE, FREEDA G1, Attachments Packet Page Number 37 of 199 -10.00 99102227 99102228 06/17/16 SMITH, JEROME 173.75 06/17/16 RENNER, MICHAEL 2,199.29 06/17/16 GLAUS, MEGAN 18.00 06/17/16 FOWLDS, MYCHAL 4,136.85 06/17/16 FRANZEN, NICHOLAS 3,373.63 06/17/16 XIONG, BOON 1,869.29 06/17/16 BERGO, CHAD 3,278.08 540,253.44 G1, Attachments Packet Page Number 38 of 199 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag , Citizen Services Director DATE: June 22, 2016 SUBJECT: Approval of a Resolution for an Application to Conduct Off-Site Gambling for Merrick, Inc at Light It Up Maplewood, 1663 County Road C Introduction An application has been submitted by Wendy Busch on behalf of Merrick, Inc to conduct off-site gambling during the City of Maplewood’s annual Light It Up event, held on July 4th from 4:00pm to 10:00pm at Hazelwood Park, 1663 County Road C. The Application to Conduct Off-Site Gambling is required by MN Statute §349.165 and is processed and approved by the Minnesota Gambling Control Board. In order for the Board to approve an application to conduct off-site gambling, approval of the attached resolution from the City is required. Budget Impact None Recommendation Staff recommends that Council approve the Resolution for an Application to Conduct Off-Site Gambling for Merrick, Inc on July 4th during the City of Maplewood’s annual Light It Up event. Attachments 1. Resolution for an Application to Conduct Off-Site Gambling Packet Page Number 39 of 199 G2, Attachment 1 RESOLUTION _____ WHEREAS, Merrick, Inc has submitted an Application to Conduct Off-Site Gambling at Hazelwood Park, 1663 County Road C in Maplewood, MN 55109; and WHEREAS, the off-site gambling will take place during the City of Maplewood’s Light It Up event on July 4, 2016. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that Application to Conduct Off-Site Gambling is approved for Merrick Inc during the date stated above. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Board for their approval. Adopted by the Maplewood City Council this 27th day of June 2016 ________________________ Nora Slawik, Mayor Attest: _________________________ Karen Haag, City Clerk Packet Page Number 40 of 199 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: June 27, 2016 SUBJECT: Approval of Resolution Authorizing Purchase of Insurance Agent Services Introduction Council authorization is requested to purchase insurance agent and broker of record services from Arthur J. Gallagher and Company at a cost of $14,000 for the period from 7/1/16 through 6/30/17. This company serves as the broker of record for the city’s property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. This is a recurring contract. Arthur J. Gallagher and Company was selected through a request for proposals (RFP) process in 2004. Budget Impact This cost is budgeted for in the 2016 budget. Recommendation Staff recommends approval of the attached resolution to retain Arthur J. Gallagher and Company as insurance agent for the city of Maplewood at a cost of $14,000. Attachments 1. Resolution Authorizing Purchase of Insurance Agent Services G3, Attachment 1 Packet Page Number 41 of 199 Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of record and insurance agent at a cost of $14,000 for the insurance year starting July 1, 2016 and continuing through June 30, 2017. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the re-appointment of Arthur J. Gallagher and Company as the broker of record and insurance agent for the City of Maplewood starting July 1, 2016 through June 30, 2017. ______________________________ City Clerk G3, Attachment 1 Packet Page Number 42 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Chief of Police/Public Safety Director DATE: June 20, 2016 SUBJECT: Approval of Joint Powers Agreement Renewal and a Resolution for the Minnesota Internet Crimes Against Children Task Force (MICAC) Introduction City Council approval is requested to renew the multi-agency Joint Powers Agreement with the Minnesota Department of Public Safety/Bureau of Criminal Apprehension for the Minnesota Crimes Against Children Task Force (MICAC). Approval of a Resolution for Chief Schnell to be designated as the legal authority/authorized representative. Background In 2013, the Maplewood City Council approved the Police Department entering into a Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension to participate in the multi-agency Minnesota Internet Crimes Against Children Task Force. This Task Force is intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers and to disrupt and dismantle organizations engaging in such activity. It also assists law enforcement by providing funding for equipment, training and expenses (including travel and overtime funding), which may be incurred as a result of such investigations. Approval is being requested to again renew the Joint Powers Agreement, which will then be in effect through May 31, 2019. Budget Impact No adverse budgetary impact. Recommendation It is recommended that City Council approval be given to sign the MICAC Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension and that the Resolution authorizing Chief Schnell to be the legal authority/authorized representative. Attachments 1.Agreement 2.Resolution G4 Packet Page Number 43 of 199 SWIFT Contract Number: 1 10279 oRt # MN0520400 Minnesota lnternet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement This Multi-Agency Law Enforcement Joint Powers Agreement. and amendments and supplements lhereto, ("Agreement') is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("Grantee') empowered to enter into this Agreement pursuant to Minnesota Statutes S 471.59. subdivisrons 10 and 12, and Maplewood PD 1830 Co. Road B East Maplewood, MN 55109 ("Undersigned Law Enforcement Agency") empowered to enter into this Agreement pursuant to Minnesota Statules S 471 .59, subdivision 10. WHEREAS, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecule crimes commitled against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers and to disrupt and dismantle organizations engaging in such activity: and WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to proseGUte criminal. civil. and forfeiture actions against identified violators. as appropriate; and WHEREAS, the Grantee is the recipient of a federal grant. attached and incorporated rnto this Agreemenl as Exhibit A, disbursed by the Office of Juvenile Justice and Delinquency Prevention ('OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the explotation of children which occurs through the use of compulers by provrdrng fundrng for equipment, lraining, and expenses. including travel and overtime fundrng, which are incurred by law enforcement as a result of such investigations: and WHEREAS, the OJJDP lnternet Crimes Agarnst Children ("|CAC') has established a Working Group of Direclors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients; and the State of Minnesota. actrng through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ('BCA') has desrgnated Donald Cheung as the Commander of the Minnesota ICAC Task Force NOW THEREFORE, the parties agree as follows The Undersigned Law Enforcement Agency approves authoflzes. and enters into this Agreement with the purpose of implementing a three-pronged approach. prevention, education, and enforcement. to combat lnternet Crimes Against Children, and 3. Exhibits A and B are incorporated into this Agreement and made a part thereof. ln the event of a conflict between this Agreement and the Exhibits, the lerms of the Exhibits ICAC JPA_MN Political Subdivision Page I of 4 1 2 The Undersagned Law Enforcement Agency shall adhere to the Mrnnesota ICAC Task Force Program Standards identifled in Exhibit B, attached and incorporated into thrs Agreement, in addition to complying wrth applicable Minnesota state and federal laws in the performance of this Agreement, including conducting undercover operations relative to ICAC (a list of Regional ICAC Task Force. Minnesola State Affiliate Agency and Training & Technical Assastance Program contact information is available at http://www.oiidp qov/proqrams/proosummarv. asp?oi=3#Resources). and G4, Attachment 1 Packet Page Number 44 of 199 4 SWIFT Contract Number: 'l 10279 oRt # MN0520400 prevail; and The Undersigned Law Enforcement Agency and the Grantee agree thal each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee s liabllity shall be governed by provisions of the Minnesota Tort Claims Act. Minnesota Statutes S 3.735, and other applicable law. The Undersigned Law Enforcement Agency s liability shall be govemed by provisions of the Municipal Tort Claims Act, Minnesota Statutes SS 466.01-466. 1 5, and other applicable law; and All members and representatives of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervjsed by the same law enforcement agency employer which currently employs the member performing Minnesota ICAC Task Force assignments, and all services, dulies, acts or omrssions performed by the member wrll be wrthin the course and duty of that employment. and therefore. are covered by the Workers Compensation programs of that employer; will be paid by that employer and enlitled to that employer's fringe benefits; and The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee: and The Undersigned Law Enforcement Agency must supply onginal receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within thirty (30) calendar days of the date of invoice, with payment made to Maplewood PD 1830 Co. Road B East Maplewood, MN 55109: and The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention. education. and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander. or his successor or designee, for statistical reporting purposes, and The Undersrgned Law Enforcement Agency shall partrcipate fully in any audits requrred by the OJJDP ln addition. under Minnesota Statutes S 16C.05 subdivision 5, the Undersigned Law Enforcement Agency s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examinatton by the Grantee and/or the Minnesola State Auditor and/or the Legislative Auditor. as appropriate. for a minimum of six (6) years from the end date of this Agreement; and 10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represenled at any scheduled regional meetings in order to share information and resources amongsl lhe multiple entities, and The Undersigned Law Enforcement Agency shall be solely responsible for forwardrng information relative to investigative targets to the Chrld Pornography Pointer Systern ("CPPS') pursuant to the OJJDP guidelines. and 6 9 11 12 ln the event future federal {unding rs no longer available. or if this Agreement is terminated ICAC JPA_MN Pohtic€l SuMrvision Page ? oI 4 G4, Attachment 1 Packet Page Number 45 of 199 by either the State or the Undersigned Law Enforcement Agency, or if the Undersrgned Law Enforcement Agency breaches this Agreement. then the Undersigned Law Enforcement Agency shall, at the request of the Minnesota ICAC Task Force Commander or his successor or designee, return all investigative equipment acquired through OJJDP funding within sixty (60) calendar days of such request. 1 3. That the Grantee may reimburse, the Undersigned Law Enforcemenl Agency for the following duties:A. lnvestigations by the Undersigned Law Enforcement Agency under this Agreement shall be conducted in accordance with the OJJDP ICAC Task Force Program Standards identified in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe beneflts of actual hours and/or actual expenses jncurred related to performing Minnesota ICAC Task Force assignments and/or training approved by the Minnesota ICAC Task Force Commander, or hrs successor or designee, through the term of this Agreement or until all federal funds under the OJJDP grant have been expended, whichever comes first. B. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be relmbursed by the Grantee for actual costs as defined in Clause 13, Section A, to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander. or his successor or designee. 14 Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by lhe same parties who executed and approved the original agreement, or their successors in office. 1 5. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement.at any time, with or without cause, upon 30 days written notice to the other party. 16. Term of this Agreement This Agreement shall be effective on the date the Grantee and the Undersigned Law Enforcement Agency obtain all required signatures under Minnesota Statules S 16C.05, subdivision 2, and shall remain in effective through May 3'1, 2019 unless terminated or canceled. Upon the effective date of this Agreement, the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to June 1, 2016 for overtime salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clause 13, Sections A and B. Nothing in this Agreement shall otherwise limit the Jurisdiction, powers. and responsrbrlities normally possessed by an employee as a member oflhe Undersigned Law Enforcement Agency 17. Venue Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent .jurisdiction in Ramsey County, Minnesota. ICAC JPA_MN Political Subdivision Page 3 ot 4 G4, Attachment 1 Packet Page Number 46 of 199 1 Undorsigned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s) have executed the Agreement on behalf of the Undersigned Law Enforcemenl Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title Undersigned Law Enforcement Agency {Name}, flitle} {Name}. fitlei {Mayor or Board Chair} 2. Department or Public Safety; Bureau of Criminal Apprehension Name Signed: Title. (With delegated authority) 3. Commissioner of Administration As delegated to Materials Management Division By and Title ICAC JPA_MN Political Subdivision Page 4 ol 4 Date Date Date Date Date Date G4, Attachment 1 Packet Page Number 47 of 199 EXHIBIT A Depsrtmcnt ofJBtico Offrce ofJusticePlt8mms Oflicc of the Assistanl Attorney Generdl Sept.mber 16,2013 Mr. Wsde SetLr Mmncsota Deparhent of Public Safety 1430 Maryland AlenDe !; Sanrt Paul, MN 55106-2802 Dear Mr. Setter: Ifyou hhve quesdons rcgarding lhis award, plcsse contect: - Progrsm Qucstions, Scott Pestridge, Prog.sin Maflager ot (2O2) 5 14-5655; and - Iimrcial Questions, the OlEce of the ChiefFincncial Ofiicor, Custom€r Sorvice Celltcr (CSC) at (800) 458-0786, or you may contsct the CSC at $k.ocfo@usdoj.gov. Codgr.tularions, and we look forward ro working with you. Sincerely, On bchalf of A(omey General Eric Holder, it is my pl€aswe to inlorm you that the OfEce of Ju$iice progams has approved your spplication for fimding under the FY 13 Intemet Crimes Again3t Childrcn Task Force Invited Awards in the amount of t347,101 forMilulesota Depanment of Public Sefety. Enclosed you will fiIld thc Gtrnt Award trnd Sp€cial Corditions documents. This awsrd is subject lo all administradve and Ii[ancial rcquiremcnts, including the limely submission ofall financisl and progranyratic reporu, resolution ofall int€rim audit findin8s, and the mai . noa ofa mioimum lcvcl ofcash-on-hand. Should you not adhcr. to thcsc rcquircmcnts, you will b. iD violrtion of the !cr!$ ofthis agrccmcnt and tle awad will bc sl6jec! to r.rminstiol for causc or orher administ,ativc sction as lpproprirte. +n^9 ls,fiaa.r-- Karol Virginia Mason Assirtant Adomey Geneml Enclosurcs G4, Attachment 1 Packet Page Number 48 of 199 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF MAPLEWOOD ON BEHALF OF ITS POLICE DEPARTMENT WHEREAS, the City of Maplewood, on behalf of its Police Department, desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, to participate in the Minnesota Internet Crimes Against Children Task Force; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, as follows: 1.That the State of Minnesota Joint Powers Agreement, by and between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, and the City of Maplewood, on behalf of its Police Department, is hereby approved. 2.That Police Chief Paul Schnell, or his successor, is designated the Legal Authority/Authorized Representative for the Maplewood Police Department. The Legal Authority/Authorized Representative is also authorized to sign any subsequent Amendments or Agreements that may be required by the State of Minnesota to maintain participation in this Joint Powers Agreement. 3.That Nora Slawik, the Mayor for the City of Maplewood, and Karen Haag, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreement. Adopted this 27th day of June, 2016, by the City Council of Maplewood, Minnesota. _________________________________ __________________________________ Nora Slawik, Mayor Karen Haag, City Clerk G4, Attachment 2 Packet Page Number 49 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, Economic Development Coordinator DATE: Jun 21, 2016 SUBJECT: Approval of a Resolution Identifying Support and Authorizing an Application for a Metropolitan Council Planning Assistance Fund Grant – 2040 Comprehensive Plan Update Introduction City staff is requesting the city council adopt the attached resolution. This resolution is required by the Metropolitan Council as part of the city’s application for a planning assistance grant. This grant program was established by the Metropolitan Council to assist eligible cities with costs associated with developing the 2040 Comprehensive Plan Update which would include staff pay, consultant and professional services, printing and publishing. Discussion This grant program is non-competitive and Maplewood is eligible for a maximum grant award of $32,000. By receiving the grant, Maplewood will be expected to have its 2040 Comprehensive Plan Update reviewed and adopted by December 31, 2018. This update must conform to metropolitan system plans of the Metropolitan Council, must be consistent with the adopted policies of the Metropolitan Council, and must be compatible with the plans of adjacent and affected jurisdictions. Staff will be developing a work plan for the 2040 update this year with the intention of starting work in 2017. Budget Impact Adopting the resolution will not have a budget impact, but receiving the grant award will work to off-set costs associated with the 2040 Comprehensive Plan Update. Recommendation Adopt the attached resolution authorizing staff to submit an application for a planning assistance grant from the Metropolitan Council Attachment 1. Resolution of Authorizing an Application for Planning Assistance Grant Funds 2. Metropolitan Council Letter, dated May 25, 2016 G5 Packet Page Number 50 of 199 RESOLUTION NO. _____ RESOLUTION IDENTIFYING THE NEED FOR FUNDING TO COMPLETE ITS 2040 COMPREHENSIVE PLAN UPDATE AND AUTHORIZING AN APPLICATION FOR PLANNING ASSISTANCE GRANT FUNDS WHEREAS the City of Maplewood must review and update its comprehensive plan as required by the “decennial” review provision of Minnesota Statutes section 473.864 , subdivision 2; and WHEREAS, on April 27, 2016, the Metropolitan Council adopted need-based eligibility criteria for awarding available local planning assistance grant funds and established maximum grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the “decennial” review provisions of Minnesota Statutes section 473.864, subdivision 2; and WHEREAS, the City is an eligible city, county, or town in the metropolitan area as defined in Minnesota Statutes section 473.121; AND WHEREAS, planning assistance grant funds will be made available to eligible applicants subject to terms and conditions contained in Metropolitan Council grant agreements. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: Authorizes its city staff to: 1) submit on behalf of the City an application to the Metropolitan Council for Local Planning Assistance grant funds for the decennial review and update of the City’s local comprehensive plan required under Minnesota Statutes section 473.864; and 2) execute on behalf of the City a grant agreement with the Metropolitan Council for planning assistance grant funds. Adopted this ___ day of _____________, 2016. ___________________________________ Mayor ___________________________________ Clerk G5, Attachment 1 Packet Page Number 51 of 199 May 25 , 2016 Mr. Michael Martin 1830 E Co Rd B East Maplewood, MN 55109-2797 Dear Mr. Martin , l am pleased to inform you that you .are e Ligibl e for the Met Counci l's 2016 -2018 Planning Assistance Grant program , and to encourage you to apply at your earliest convenience through metrocouncilgrants. org . City of Maplewood is eligible for a maximum grant award of $32000 , which can be used for costs directly associated with your local 2040 Comprehensive Plan Update . Eligible costs include staff pay , consultant and professional se rvic es , printing and publishing ; provided that they are entirely consistent with a Council-approved work plan and budget and executed two- party grant agreement , the Council 's Comprehensive Development Guide , the Metropolitan Land Planning Act , and other applicable state laws . Grant funds may not be used for costs incurred prior to execution of a grant agreement between the Metropolitan Council and City of Maplewood . It is important to note that Planning Assistance Grants are non-competitive grants to eligible communities for the 10-year update to their loc al comprehensive plans . As a non-competitive grant , all applications received from eligible applicants by the submission deadline of September 5, 2016 will be awarded funding up to the award maximum based upon which eligibility criteria the applicant meets (see bulleted li st below). Upon execution of a grant agreement , communities will be expected to have their local Comprehensive Plan Update reviewed and adopted by December 31 , 2018 . To retain eligibility for funding , the local Plan Update will be required to meet the Statutory 6-month Requirements for Adjacent and Affected Jurisdiction Review . In addit-ien , the !ocal Plan---- Update must be complete as described in the Council 's Local Planning Handbook (see http://metrocouncil.org!Handbook.aspx ), must conform to metropolitan system plans of the Council , must be consistent with the adopted policies of the Council , and must be compatib le with the plans of adjacent and affected jurisdictions . Grantees will also be expected to submit both a mid-point and final progress report and to maint ain accurate and complete accounts , ~ METROPOLITAN COUNCIL G5, Attachment 2 Packet Page Number 52 of 199 financial records , and support in g documents relating to the receipt and expend iture of the grant funds. The Planning Ass istance Grant will be disbursed in two in sta llm ents , with the first 50% of the grant amount disbursed to the Grantee w ithin 30 days after final execution of a grant agreement and the rem aining 50% disbursed after the Council has rev iewed and acted upon the Grantee 's Comprehens ive Plan Update , with that act ion finding that the Update meets a ll Statutory requ ireme nt s for timeliness , completeness , conformance , cons istency , a nd compatibility . A full li st and map of the communities e li g ibl e for Plann ing Assistance Grants can be found at http://www. metrocouncil. org!Communities/Planning!Loca/-P/anning-Assistance/Maps, -forms- misc/P/anning-Assistance-Fund-Communities. aspx . Please be advised that City of Maplewood is e li g ibl e for a MAXIMUM award amount of $32000 . Appl ic ations which request -grant-assistance-in excess of the €!es ignate€! award amount may be de.l.a-yed in processingT and w ill only be appro ved for funding up to the maximum awa rd a mount . Commun iti es are el igibl e for a Plan ning Assistance Grant for the 2018 Comprehensive Pla n Update cycle , at the designated funding leve l only , if they meet one of the following criteria : • $20 ,000 per community for un sewered commun it ies with 2015 Net Tax Capacity (NTC) pe r capita less than or equal to the reg ional median NTC per cap it a ($1 ,213. 78) AND Forecasted 2010 -2040 growth greater than or equa l to the reg iona l medi a n forecasted growth of 24.4% • $32 ,000 per com munity for sewered commun ities with 2015 Net Tax Capacity (NTC ) per capita less than or equa l to the reg ional median NTC per capita AND Forecasted 2010 -2040 growth greater than or equa l to the reg ional median forecasted growth of 24.4% • $84 ,000 per county or consortium group to 2 counties (Scott and Carver) and the Dakota County consort ium • $10 ,000 per community to cit ies with a 2014 Met Council popu lat ion est imate less than or equal to 5,000 AND 2015 NTC per capita less than or eq ua l to 125% of region a l median NTC per cap it a Please feel fre-e-to contactrzyan Ga rcia ( ryan . garc ia@metc.mn. state . u~T aT 6511)02 . 1832 tor more information about the program or the app lic at ion process. Thank you , and congratulations ! Ryan Garcia Page -2 I Ma y 25 , 20 16 I METRO POLITAN COUNCIL G5, Attachment 2 Packet Page Number 53 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental Specialist Shann Finwall, Environmental Planner DATE: June 21, 2016 SUBJECT: Approval of 2016 Spring Clean Up Summary Introduction The Spring Clean Up event was held on Saturday, April 23, 2016 at Aldrich Arena. The City worked with Tennis Sanitation, LLC, as the main contractor for this event. This memorandum summarizes the attendance and materials collected during the event. Background Clean Up Comparisons Following is a comparison of attendance and materials collected during clean up events since 2012. Both fall of 2013 and 2014 represent the tonnages collected during the Fall Clean Up Campaigns. Attendance and # of Items Collected Year 2012 2015 2016 Fall Spring Fall Spring Fall Spring Spring Attendance (# of vehicles)266 252 312 550 333 307 564 Garbage /MSW/Construction (Tons) 34.69 19.14 25.4 49.52 19.285 28.39 43.57 Appliances (#) 64 115 71 177 0 60 142 Tires (# at event)17 18 20 40 N/A 10 92 Tires (# from yard)192 152 172 152 N/A 80 273 Electronic Waste 6,287 lbs 14,695 lbs 8,810 lbs 24,002 lbs N/A 9,104 lbs 22,721 lbs Mattresses Recycled (#)41 65 79 80 102 51 159 Furniture Collected for Reuse 6,000 lbs 6,000 lbs N/A 200 lbs N/A 1,000 lbs 6,000 lbs Carpet Recycled 800 lbs 4,750 lbs N/A 3,410 lbs N/A 2,195 lbs 3,288 lbs Bicycles Collected for Reuse (# of bikes) 1,600 lbs (64) 850 lbs (29) N/A 1,800 lbs (73) N/A 600 lbs (25)2,000 (82) Small Engines N/A N/A N/A N/A 9,000 lb 500 lbs 11,000 lbs Food/22lbs 76 lbs 39 lbs 0 102 lbs 42 lbs 411 lbs Donations (Second Harvest Heartland) $0 $30 $0 $0 $50 $0 $298.90 Medicine – unwanted, expired, unused N/A N/A N/A 74.5 lbs N/A 50 lbs 97.5 lbs 2013 2014 Year G6 Packet Page Number 54 of 199 2 Materials Collected Paper Shredding: Residents were able to have their sensitive documents (old bank accounts, credit card statements, old medical records, etc.) shredded for free at the event. The City contracted with Shred It for this service. During the event the City collected over 8,000 pounds of material for shredding and recycling. With the recent very public data breaches, residents expressed their support for this service. The City noted a large increase in the number of screens (196 screen) collected during the event. This is directly related to the move by Best Buy to start charging $25 per screen for electronics drop off. This may cause an increase in cost to the city for future cleanup events. Every year Ramsey County operates a household hazardous waste collection location during the event. During the Spring Cleanup there were 144 visits by residents with a total of 6,979 lbs of hazardous material collected at the event. Volunteers and Staff Thank you to the volunteers who donated their time and resources to the Spring Clean Up event including Mayor Slawik, and Councilmembers Abrams, Juenemann, and Smith. Acknowledgement of Maplewood staff who worked during the event include Maplewood Police Officer Glen McCarty for organizing the medicine collection, the Maplewood Police Reserves for assisting with layout and traffic control, and the Environment and Economic Development and Public Works staff that assisted with the event. 2016 Fall Clean Up Campaign and 2017 Spring Clean Up Event The 2016 Fall Clean Up Campaign will be held throughout the month of October. The City will partner with Republic Services, the City’s residential trash hauler, to collect bulky items curbside at a reduced rate. The 2017 Spring Clean Up event is tentatively scheduled for April 22, 2017 at Aldrich Arena. Budget Impact Since 2010 the City has subsidized approximately 60 percent of the disposal cost associated with the drop-off clean up events (an average of $9,000 per event). The cost for the 2016 Spring Clean Up was $10,289.08, which is funded through the City’s recycling program. SUMMARY No action is required on this item. ATTACHMENTS 1. Spring Cleanup Poster G6 Packet Page Number 55 of 199 G6, Attachment 1 Packet Page Number 56 of 199 H1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: June 27, 2016 SUBJECT: Public Hearing for 2016 CIP Introduction Minnesota Statute Chapter 475.521 requires municipalities to hold a public hearing before issuing General Obligation Capital Improvement Bonds and before adopting a Capital Improvement Plan (CIP). The 2016 CIP was adopted in 2015 by the City Council, subsequent to a public hearing. On the advice of the City’s bond attorney, the City has published notice of a public hearing specifically for the items that will be financed with the proposed 2016A General Obligations under consideration later in the meeting. General Obligation Capital Improvement Bonds totaling $1,320,000 will finance the proposed 2016 and 2017 improvements to City Buildings previously approved by the Council in the 2016- 2020 CIP. The CIP projects described in the attached CIP bonding supplement are as follows: City Hall Chiller $ 500,000 Structural Repairs 70,000 Emergency Lighting 160,000 Ceiling Tile/Carpeting 415,000 Safety Repairs PW 140,000 Issuance Costs 35,000 $1,320,000 Budget Impact This is a public hearing to obtain input on the issuance of G.O. debt to finance capital improvement projects. Budget impact is discussed in a subsequent staff report related to the bond issuance approval. Recommendation It is recommended that the City Council hold a public hearing to consider input on the 2016 CIP items proposed to be financed with General Obligation bonds. Attachments 1. CIP Bonding Document H1, Attachment 1 2016 through 2020 Capital Improvement CIP Bonding Plan City of Maplewood, Minnesota June 2016 Prepared by: City of Maplewood Finance and Public Works H1, Attachment 1 Table of Contents I. INTRODUCTION ........................................................................ 3 II. PURPOSE ............................................................................................ 4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS ............................ 5 IV. PROJECT(S) SUMMARY....................................................................... 6 V. FINANCING THE CAPITAL IMPROVEMENT PLAN………………………..…..13 H1, Attachment 1 City of Maplewood, Minnesota CIP BONDING PLAN 2016 - 2020 I. INTRODUCTION In 2003, the Minnesota State Legislature adopted a statute that generally exempts municipal bonds issued under a capital improvement program from the referendum requirements usually required for city halls, public works, and public safety facilities. The 2005 Legislature added towns to the meaning of a municipality and town halls and libraries to the meaning of a capital improvement. H1, Attachment 1 II. PURPOSE A capital improvement is a major expenditure of municipal funds for the acquisition or betterment to public lands, buildings, or other improvements used as a city hall, town hall, library, public safety, or public works facility, which has a useful life of 5 years or more. For the purposes of Minnesota Statutes, Section 475.521, capital improvements do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town hall, or land for those facilities. However, this plan includes certain additional capital improvements beyond the scope of that statute. A Capital Improvement Plan (CIP) is a document designed to anticipate Capital Improvement expenditures and schedule them over a period so that they may be purchased in the most efficient and cost effective method possible. A CIP allows the matching of expenditures with anticipated revenue. As potential expenditures are reviewed, the municipality considers the benefits, costs, alternatives and impact on operating expenditures. The City of Maplewood, Minnesota (the “City”) believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical public assets, preservation of public assets and sound fiscal management. In these financially difficult times good planning is essential for the wise and prudent use of limited financial resources. The Capital Improvement Plan is designed for an annual update. In this manner, it becomes an ongoing fiscal planning tool that continually anticipated future capital expenditures and funding sources. H1, Attachment 1 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows; the City Council authorizes the preparation of the Capital Improvement Plan (CIP). The City staff is instructed to assemble the capital expenditures to be undertaken within the next five years. The City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary capital improvement plan is prepared. A public hearing is held to solicit input from citizens and other governmental units. Changes are made based on that input, and a final project list is established. The City Council then prepares a plan based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor and bond attorney to prepare a bond sale and repayment schedule. Over the life of the CIP, once the funding, including proceeds from the bond sales becomes available; the individual capital expenditures can be made. In subsequent years, the process is repeated as expenditures are completed and as new needs arise. Capital improvement planning looks five years into the future. For a municipality to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the governing body must approve the sale of capital improvement bonds by a 3/5ths majority of its membership. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City’s official web site. The governing body approves the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall H1, Attachment 1 be called (if a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity). PROJECT(S) SUMMARY The expenditures to be undertaken with this Capital Improvement Plan (CIP) are limited to those listed below. All other foreseeable capital expenditures within the municipal government will come through other means. The following expenditures have been submitted for inclusion in this CIP (net of bond issuance and related costs): 2016 Expenditures  City Hall Chiller Replacement Project; $500,000.00 (Planned for Replacement Prior to Asset Management Study Completed in 2015)  City Hall and Public Works Exterior Wall Structural Repairs: $70,000.00 (Recommended for Action in 2015 per the Asset Management Study) 2017 Expenditures  City Hall, Public Works, and Fire Stations: Emergency Lighting, Exit Signs - Safety; $160,000.00 (Recommended for Action in 2015/2016 per the Asset Management Study)  City Hall Ceiling Tile Replacement, Painting, Carpeting/Flooring, Counter Adjustment; $415,000.00 (Recommended for Action in 2016 per the Asset Management Study)  Park Maintenance Building (Public Works): Electric, Flooring, Overhead Doors, Exhaust Systems, Switchgear; $140,000.00 (Recommended for Action in 2016 per the Asset Management Study) 2018 Expenditures  Public Works 1902 Building Central Air Handler Unit/VAV System w/ Distribution Renewal and Unit Heaters; $360,000.00 H1, Attachment 1 (Recommended for Action in 2020 per the Asset Management Study) 2019 Expenditures  Public Works 1902 Building Roofing (BUR) Renewal; $410,000.00 (Recommended for Action in 2018 per the Asset Management Study) The statute has established certain criteria that must be met. Under these criteria, the City has considered the following eight points: 1. Condition of the City’s infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefits of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments The CIP is composed of projects that will preserve, develop and enhance land located within the City for parks, recreation, trails & greenways, provide safer roads, provide more space for the City’s facilities, improve and maintain the City’s facilities, and other uses. The City has analyzed the eight points required per statute for each project on an individual basis and as a whole. Findings are as follows: PROJECTS (CIP Bond Projects) Conditions of City Infrastructure and Need for the Projects The City employs the VFA asset management system which assists in assessing the community’s “above ground” facilities including the City Hall, Public Works, and Fire Station facilities. The asset management system, among a wide variety of inputs, provides an objective assessment and analysis of the City’s current above ground facilities and their current and future needs requirements. For inclusion in the CIP the H1, Attachment 1 VFA asset management data are carefully reviewed, assessed, and complimented by the City’s building and grounds maintenance staff’s facility inspections and observations. Using facility performance and use objectives, the CIP integrates service and use demands to assist in assuring facilities meet current and future needs and facility objectives. The integration of the fixed asset data, inspections, observations, analysis, and performance objectives results in the prioritization of facility needs and recommendations for current facility improvements and replacements. Recommendations made herein regarding the Public Works, City Hall, and Fire Station facilities resulted from a careful analysis of the VFA asset management data, statutory criteria and other factors including significant known facility deficiencies and the assessment of aged and failing systems resulting in the deterioration of publicly owned facilities. Improvements to these facilities will assist in ensuring that the public’s investments in such are protected and that such facilities are available and able to serve their intended public purpose. Demand for Projects The Public Works, City Hall, and North and South Fire Station facilities have needed renewal, repair and replacements for numerous years. However, as a result of fiscal constraints; the projects have been deferred but are currently necessary to address escalating facility issues resulting in the premature aging of publicly owned facilities (measured by the Facility Condition Index; FCI); inoperability of facility systems; energy inefficiencies; water and other structural damage; and to ensure the public’s investment in the facilities are protected and that the facilities available and able to serve their intended public purpose and use. The City Hall facility is in need of exterior structural and other improvements in addition to replacement of internal system components as outlined in this plan. The Public Works facility is in need of repair to its exterior along with other HVAC systems. H1, Attachment 1 The design and remodeling of the North and Central Fire Station facilities is warranted based on current and projected public safety service demands, City growth patterns and risk factors. Please refer to Fire Department service delivery report in which the City consolidated down to three strategically located fire station buildings. Availability of Public Resources Bonded debt is needed to finance the Public Works facility, City Hall and Fire Station projects. The availability of financing a portion of any of the project from funds on hand is limited. Level of Overlapping Debt Direct and overlapping governmental activities debt at December 31, 2015 is presented in the table on below: H1, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT Table 11 December 31, 2015 Estimated Gross Estimated City Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable Debt Debt repaid with property taxes: Ramsey County $162,575,000 8.3%$13,493,725 Ramsey County Library 19,925,000 16.3%$3,247,775 School Districts: Maplewood-No. St. Paul School District #622 120,470,000 42.1%$50,717,870 Roseville School District #623 39,470,000 8.3%$3,276,010 White Bear Lake School District #624 84,050,000 0.9%$756,450 Other Debt: Metropolitan Council 14,500,000 1.3%$188,500 Metropolitan Transit District 247,215,000 1.7%$4,202,655 Subtotal - overlapping debt 75,882,985 City direct debt 70,638,237 100.0%70,638,237 Total direct and overlapping debt $146,521,222 Source: Ramsey County Relative Costs and Benefits of Alternative Uses of the Funds If the projects are not approved, debt will not be issued. If there were other financing sources, such as funds on hand, then alternative uses of the funds could be evaluated. Operating Costs of the Proposed Improvements Lower operating and maintenance costs are anticipated as a result of the Public Works, City Hall and Fire Station Improvements due to reducing maintenance needs in addition to installation of energy efficient systems such as the new chiller to serve city hall. H1, Attachment 1 Options for Shared Facilities with Other Cities or Local Government There are always opportunities to share or partner with other cities and local governments. Those discussions always remain open and pursuit would be based a mutual benefit, however would be limited since these are existing, not new, facilities. FINANCING THE CAPITAL IMPROVEMENT PLAN The total amount of requested expenditures under the 2016-2020 Capital Improvement Facility Bonding Plan is up to $1,400,000. In the financing of the Capital Improvement Plan, two statutory limitations apply. Under Chapter 475, with few exceptions, municipalities cannot incur debt in excess of 3% of the assessor’s taxable market value for the municipality. In the City, the Payable 2015 TMV is $3,242,412,200 that yields a debt limit of $97,272,366. The City currently has $9,970,000 of existing debt that counts against the statutory debt limitation; the amount available is $87,302,366. Another limitation on bonding under the Capital Improvement Plan Statute (475.521) is that without referendum, the total amount that can be used for principal and interest in any one year for CIP debt cannot exceed 0.16% of the TMV for the municipality. In the City, that amount is $5,187,859. With the issuance of the proposed 2016 capital improvement program bonds, interest payments would commence in 2018 at an estimated $31,748. Principal and interest payments on the proposed 2016 issuance are estimated to average $102,984 each year from 2018 through 2032. Under the Capital Improvement Bonding Plan, the City will secure up to $1,400,000 (inclusive of issuance costs) for the Public Works facility, City Hall, Fire Stations described herein. The 2016 general obligation capital improvement bond issue for the projects is proposed to be repaid over a fifteen-year period. H1, Attachment 1 Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services – Present Staff Report Paul Schnell, Police Chief – Present Operation Action Plan SUBJECT: Consider Approval of Operational Action Plan for Stargate Night Club, 1700 Rice Street DATE: June 21, 2016 Introduction In April of 2016, the Stargate Night Club located at 1700 Rice Street became under the operating ownership Paul Xiong. Prior to Mr. Xiong assuming ownership of the business and intoxicating liquor license, the Nightclub was under the ownership of Mai Yang. During her tenure from November 2008 to April of 2016, there were numerous incidents requiring a public safety response. Background Maplewood Police and other responders from surrounding communities have expressed concerns with prior incidences at 1700 Rice Street, which include shootings, stabbings, fights, and other criminal activity that impact or degrades the general safety and welfare of the area. On June 16, 2016, Maplewood Police responded to a fight at Stargate with reports of shots fired. Roseville Police made an arrest that is believed to be related to this incident and is currently under investigation. On Monday, Chief Schnell and I met with the current owner regarding the June 16th incident. The individual that performed at the club on June 16th was under contract to perform by the previous owner. Mr. Xiong has indicated that he will no longer honor the existing contract between the promoter and the former owner and will be booking his own music. In our discussion with Mr. Xiong, it appears that he has already taken some cautionary steps moving forward before this incident occurred. It is his intent to change the atmosphere of the Club by, among other things, expanding the kitchen to have a full Asian inspired menu. Even though Mr. Xiong is the new owner of just over two months, there is a concerning history of violence associated with this venue no matter who the owner is. In the interest of public safety, staff has developed an action plan addressing public safety concerns for the Council’s consideration and approval. Packet Page Number 57 of 199 Stargate Nightclub 1700 Rice Street Operational Action Plan To minimize public safety risk, the following action plan is recommended as a condition of continued operation as licensed establishment within the City of Maplewood. The goals of the action plan include:  Enhancement of business security processes and protocols  Review and consideration of business focus: Remodel kitchen to develop into dining establishment.  Review and consideration of event types, musical genre, and performer background  Mandated staff training for security personnel and bartenders  Monthly security staff meeting with Police Chief or designee (first 4-6 months) Enhanced Security:  A security staff member will be posted outside the door who is familiar with gang signs and will control and will advise potential patrons of dress code violations.  Before entering, everyone will be carded and walk through the metal detector door for security and safety.  Every person must be patted down and searched before entering the premises.  Monitor and patrol the inside and inspect/investigate any suspicious activity, and take any appropriate course of action necessary.  All internal and external security cameras shall be fully operational.  On weekends or during special events, access to and egress from the alcohol service areas must be staffed with security personnel at all times during service hours.  Monitor and be on the lookout for any under-age drinking and the appropriate measure. Control and prevent alcohol consumption beyond designated areas preventing any under-age drinking.  Outside security personnel will monitor any unusual/suspicious activity outside in the parking lot.  Security personnel will patrol the parking lot throughout hours of operation for additional monitoring.  At closing, outside security personnel will control and direct patrons leaving the premises to ensure safe, orderly departure.  The owner shall request and secure from the property owner (landlord) written authority for the Maplewood Police Department to deploy its video trailer to the parking lot outside the business on a periodic basis. Security Personnel:  The owner shall engage private security to work special events and weekends as dictated by anticipated event size. Packet Page Number 58 of 199 J1  Security personnel may be obtained from a private firm that specializes in security services. The private security firm shall be appropriately bonded and insured.  The owner may establish an internal security team or cadre as an alternative to an outside contract. Should this option be selected the owner shall provide the City Clerk with proof of insurance coverage for security operations. In addition, the owner shall provide the police chief with a copy of the businesses written security polices and protocols.  Security personnel need not be uniformed, but must wear some type of shirt/outerwear that readily identifies them as SECURITY.  Regardless of whether the security personnel are contracted or internal, a lead security representative shall be established and known to all Stargate staff. The lead security representative will be responsible for ensuring operational compliance (**) with all security requirements established by internal policy or as a condition of business licensure. The lead security representative shall also serve as the primary security liaison with Maplewood Police personnel on event nights or weekends. (**Nothing in this provision relieves the licensee of overall responsibility for the totality of business operations, including security operations.)  Security personnel are expected to immediately report to the Maplewood Police Department anticipated traffic safety issues, disorderly conduct, or criminal behavior that might affect the safety of employees, patrons, and the surrounding community. Business Focus:  Owner will continue assessment of operational business. Currently operated as a nightclub, the owner is assessing a change or expansion of business focus toward a restaurant and entertainment focus.  Owner will secure all necessary approvals, permits, and/or licenses should business focus or operations be changed or expanded.  The owner shall consider safety and security before booking acts, performers or events when there is known or expected levels of security concern associated with the act or event.  The owner will not hold 18+ (year-old) events unless the event is alcohol free. Dress code:  The owner will establish a dress code and publicize dress code in the entryway of the premises.  The established dress code will be strictly enforced.  The owner present a copy of the establishment’s dress code to the Police Chief. Alcohol Service Personnel:  All bartenders and alcohol servers will complete training offered by the Minnesota Liquor and Alcohol Beverage Association to ensure adequate knowledge of Minnesota law pertaining to safe service of intoxicating beverages.  Ensure age appropriateness before serving alcohol.  Compliance with all Minnesota Statutes and/or City Ordinance pertaining of under-age alcohol consumption, and alcohol possession. Packet Page Number 59 of 199 J1  Establish clear policies and protocols regarding over-service and service to obviously intoxication patrons. Recommendation This report is submitted for discussion purposes and it is recommended implementation of this Operational Action Plan be made a condition of the license. Packet Page Number 60 of 199 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: June 21, 2016 SUBJECT: Consider Approval of a Proposed Medical Office Building, Northwest Corner of Hazelwood Street North and Beam Avenue East a. Conditional Use Permit Resolution b. Design Plans c. Comprehensive Sign Plan d. Lot Division Introduction Patrick Giordana, on behalf of Davis Group Development, is seeking approval to build an 80,000-square-foot medical office building on the vacant property located at the northwest corner of Hazelwood Street and Beam Avenue. Additional phases will include another 60,000 square feet of medical office space and a retail building near Beam Avenue. The applicant is requesting city approval for a conditional use permit, design plans, comprehensive sign plan and lot division. Background On November 10, 1997 the city council approved a conditional use permit and design review for a fuel station, convenience store, bank and car wash. This project now sits on a separate legal parcel. Discussion Conditional Use Permit This site is zoned light manufacturing (m1) which requires all new buildings within 350 feet of residential property to receive approval from the city council for a conditional use permit. Cardinal Pointe, a senior cooperative living community is directly to the north of this site. All 108 units of this building were notified of this proposed project and given the chance to provide feedback. The main concerns focused on landscaping and screening between the sites. The medical office building is within the 350 foot range, the proposed retail building would be more than 800 feet from the Cardinal Pointe parcel. The applicant is also seeking a parking waiver of 88 spaces. Parking is described later on in this report. J2 Packet Page Number 61 of 199 Landscaping This parcel is currently vacant and holds 51 significant trees. The applicant is proposing to remove all but one of the site’s significant trees. The city’s tree preservation ordinance is in affect for this site and development. The residents to the north have expressed concern about the loss of the trees and other natural screening. City ordinance requires a landscaped, and possibly screened area, of not less than 20 feet when a nonresidential use abuts a residentially zoned property. Parking lots are also required to be setback 20 feet from shared residential property lines. A petition was signed by 110 residents of Cardinal Pointe and submitted to the city asking for a green space of at least 50 yards – 150 feet – between the new medical office building at its property line. A 150-foot green space requirement would equate to approximately 1.4 acres or 16 percent of the 9.13 acre site. The Cardinal Pointe building is currently setback approximately 68 feet from the south property line. Cardinal Pointe residents currently use the area south of their building for a bocce ball court and other social activities. In response to the neighborhood concerns and to work towards meeting the tree preservation requirements, the applicant submitted an updated landscape plan showing 33, 8-foot-tall pine and spruce trees along the shared Cardinal Pointe property line. The proposed trees should provide adequate screening between the two parcels. The project’s first phase will have a building setback of almost 280 feet from the property line to the north and the trees will be planted as part of this first phase to allow additional maturation of the trees prior to phase two. In addition, when the medical office project is built out there will be approximately 88 feet between the Cardinal Pointe building and the parking lot and 172 feet between buildings. Traffic Another concern heard from the neighborhood regarding this project is the impact it will have on existing traffic. The city’s engineering department required the applicant to submit a traffic study. This traffic study incorporated potential impacts by the recently approved Conifer Ridge apartment project within Legacy Village. The study did find that no changes will be needed to the street infrastructure to handle this project and Conifer Ridge. Design Plans Building Design The new building’s exterior will consist of stone and brick veneer, composite metal panels and roof cap details, glass curtain walls and punched style windows, and a distinctive glass canopy at the building’s main entrance. The building incorporates an exterior roof deck for use by staff and patients. The applicant will be required to apply for city design approval prior to the second phase of the medical office building and the retail building being built. Site Plan The primary access to the site is from Hazelwood Street and would align with the main access to St. John’s Hospital – Hazelwood has already been programmed for this access. A secondary access is a current shared drive located along Beam Avenue. The proposed buildings and parking lots meet all setback requirements – including the required 100 foot setback between the medical office building and the north property line. J2 Packet Page Number 62 of 199 Parking City ordinance requires one space for every 200 square feet of building square footage for office buildings. This means the first phase of the development, 80,000 square feet, would require 400 spaces. The applicant’s site plan indicates a total of 410 parking spaces will be provided to serve the first phase of the development. The site’s second phase would require 300 additional spaces. This applicant is proposing to provide a total of 541 spaces, with 71 more spaces provided as proof-of-parking. Therefore, the applicant it requesting a parking waiver of 88 spaces. Parking count analyses would be required for the site’s third phase. City ordinance requires five spaces per 1,000 square feet of office space and the applicant is proposing to provide 4.4 spaces per 1,000 square feet which is what they have done on similar projects in the metro. The city’s requirement of five spaces per 1,000 square feet is the same regardless of the size of the building. The applicant has indicated in its experience that as building size increases the parking demand does not increase at the same rate and this has been their experience with other similar projects. The applicant submitted a parking study it had conducted on two other sites they developed – one in Crystal and one in Savage. This study is attached to this report. In Crystal the applicant provided 4.5 spaces per 1,000 square feet and had a maximum usage of 2.3 spaces per 1,000 square feet. In Savage, 5.8 spaces per 1,000 square foot was provided and the maximum usage was 1.9 spaces per 1,000 square feet. In addition, the applicant completed a site visit to its Vadnais Heights Medical Building project last week. This project is 60,500 square feet in size and is currently 80 percent occupied. The applicant provided 292 parking spaces of which 190 were occupied and 102 were vacant – which represents a 4 spaces per 1,000 square foot ratio. This data provides the justification in allowing a parking waiver of 88 spaces. Landscaping In addition to the discussion earlier in the report regarding the 33 trees being planted along the north property line, 154 more trees will be planted throughout the site as well. More than 700 shrubs, perennials and ornamental grasses will also be planted attractively throughout the site. Lighting The applicant’s photometric plan shows the proposed lighting will meet the city’s lighting ordinance requirements. The applicant has also indicated parking lot lights will automatically shut off so they are not on through the night. Comprehensive Sign Plan Comprehensive sign plans are required for business premises with five or more tenants on the premises and all multiple-story buildings with two or more tenants in the building. The applicant is proposing a main 10’ x 30’ sign over the main entrance, three 3’ x 25’ tenant signs on the east building elevation and two 3’ x 25’ tenant signs on the south building elevation. No signs are being proposed for the west or north elevation. The signs will have channel letters and each letter shall not be any taller than 48 inches. The applicant is also proposing a single monument sign along Hazelwood Avenue. This sign will be 12 feet tall and its base will incorporate similar materials and design as the building. Any signs for future phases would require amending this sign plan. J2 Packet Page Number 63 of 199 Lot Division The applicant is requesting the property be divided in three to create a parcel for each phase. The proposed lot division does not create any issues with the city’s comprehensive plan or zoning ordinance. The three parcels will require cross access easements. In addition, a cross access easement will be required for the shared drive with the 1535 Beam Avenue parcel. Department Comments Building Department Nick Carver, building official – Applicant must follow all Minnesota State Building Code requirements. Fire Department Butch Gervais, fire marshal – Applicant will be required to add fire protection throughout the entire building with visual and audio notification inside per code and the system is required to be monitored. Fire department lock box is required. Permits are required for all work and must be done by a licensed contractor. Police Department Paul Schnell, police chief – No issues. Engineering Department Below are staff engineer’s initial comments: 1. The applicant will need to submit stormwater calculations for an official project review. It should be noted that the biofiltration basin would receive a 55% credit for volume reduction as proposed. If they changed the filter media to an iron-enhanced version, they would receive an 80 percent credit for the basin volume. 2. The project will need to be reviewed by the Ramsey-Washington Metro Watershed District for stormwater and erosion control purposes. I would also highly encourage the applicant to discuss the Watersheds Grant Program and how they can work together to best meet both parties goals. 3. Ramsey County will need to review the project for impacts to Beam Avenue, as well as the signal system at Beam and Hazelwood. 4. An analysis will need to be performed to ensure the sanitary sewer system has the capacity for the proposed development. Likewise, a traffic impact study will be needed to assess the impacts to Hazelwood, Beam, and the intersection of the two. These studies can be done by the applicant and reviewed by the City, or the City can hire a consultant to perform the studies and charge the applicant the appropriate costs. 5. Saint Paul Water will need to review the water system improvements. J2 Packet Page Number 64 of 199 6. The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. 7. The Owner shall sign a maintenance agreement, prepared by the City, for all storm water treatment devices (sumps, storm sewer, infiltration systems, ponds, etc.). 8. The applicant shall provide a signed copy of the MPCA construction stormwater permit prior to the issuance of a grading permit. 9. The applicant shall provide a self-renewing letter of credit or cash escrow in the amount of 125% of the proposed site improvements including earthwork, grading, erosion control, site vegetation establishment, aggregate base, and paving. Commission Actions Community Design Review Board On May 24, 2016, the community design review board reviewed the design plans and comprehensive sign plan for this project and recommended approval. Planning Commission On June 7, 2016, the planning commission held a public hearing on this project and reviewed the requests for a conditional use permit and a lot division and recommended approval. Budget Impact None Recommendation A. Adopt the resolution approving a conditional use permit for a medical office building and retail building to be constructed on a parcel within the light manufacturing (m1) zoning district that is within 350 feet of a residential zoning district. Approval of this resolution is based on the findings required by the ordinance and subject to the following conditions: 1. All construction shall follow the plans date-stamped May 18, 2016. The director of the environmental and economic development department 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. Prior to the issuance of a grading permit, the applicant must meet the requirements of the city’s tree preservation ordinance. J2 Packet Page Number 65 of 199 5. This permit approves the first and second phases of the medical office building and the retail building near Beam Avenue. All phases must receive city approval of design plans before a building permit can be issued. 6. The total parking requirement for the two phases of the medical office building are 700 parking spaces. The site will provide 541 parking spaces. The applicant shall submit to the city a site plan showing the location of 71 additional provided as proof-of-parking spaces. A waiver of 88 parking spaces is approved. B. Approve the plans date-stamped May 18, 2016 for the proposed medical office building at Hazelwood Street North and Beam Avenue east. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes. 2. All trash receptacles must either be kept inside the building or an outside trash enclosure must be built on site. 3. Satisfy the requirements set forth in this report by staff engineer Jon Jarosch. 4. Satisfy the requirements set forth in the environmental report authored by Shann Finwall, dated May 13, 2016. 5. Submit the following for staff approval before the city issues a grading or building permit: a. Final grading, paving, drainage, utility, traffic/street improvement and erosion control plans. These plans shall meet the requirements of the city code and the city engineer. b. Verification that all watershed district special provisions, as indicated on the watershed district permit, are met before the city issues a building or grading permit for the site. c. Payment of the required park availability charge of $286,344, as determined by city ordinance. d. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 6. The applicant or the contractor shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Install a reflectorized stop sign at the exits and a handicap-parking sign for each handicap accessible parking space. c. Install an in-ground lawn irrigation system for the parking lot islands and for all landscape areas (except the ponding areas). J2 Packet Page Number 66 of 199 d. Post signs identifying the customer and employee parking spaces. e. Install all the required exterior improvements, including landscaping and signs. f. Install all bituminous and the engineered porous or permeable surface and the curb and gutter. g. Stripe all drive aisles. h. Install all required landscaping by June 1 if the building is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. i. Install all exterior lighting. j. Screen all roof-mounted equipment visible from public streets. 7. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 8. All work shall follow the approved plans. The director of the Environmental and Economic Development Department may approve minor changes. 9. This approval does not include any of the other buildings on the site (only the first phase medical office building). The owner shall apply to the city for design approval for each of the additional phases (including the architectural, landscaping and drainage plans). The community design review board (CDRB) must approve the project plans for each of these buildings before the city can issue a building permit for each building. C. Approve the plans date-stamped May 18, 2016 for a comprehensive sign plan to allow signage for a new medical office building located at Hazelwood Street and Beam Avenue. Approval of the comprehensive sign plan amendment is subject to the following conditions: 1. Signs on the east elevation shall be limited to one 10’ x 30’ sign over the main entrance and three 3’ x 25’ tenant signs. 2. Signs on the south elevation shall be limited to two 3’ x 25’ tenant signs. 3. No signs are permitted for the west or north elevations. 4. All wall signs shall be of individual letters and each letter shall be no more than 48 inches in height. J2 Packet Page Number 67 of 199 5. One monument sign is allowed along the Hazelwood Street frontage. The monument sign must be no more than 12 feet in height and must incorporate building materials and design in its base. 6. Any signs for future phases will require amendment of this sign plan. D. Approve the lot division for the Hazelwood Medical Office Building, subject to the following conditions: 1. The applicant shall comply with the requirements of the city’s engineer. 2. Prior to submitting to the county for recording, cross access easement agreements shall be submitted to city staff covering the three created parcels and the shared drive with 1535 Beam Avenue East. Citizen Comments Staff surveyed the 130 property owners – including the 108 units within Cardinal Pointe - within 500 feet of this property for their comments about this proposal. Staff received a petition signed by 110 residents and the following 8 comments. A copy of the petition is included with this report as an attachment. For 1. “HealthEast and St. John’s Hospital supports the development of this office building.” (Doug Davenport, SVP, CFO of HealthEast) 2. “This is a good proposal. We like it.” (Chongqi Zhang, 7120 Meadow Grass Ave S, Cottage Grove; owners of 3024 Cottage Ln N) Against 1. “We believe there is already enough medical buildings in area. More added traffic on Hazelwood St. When a survey was done for apartment buildings on County Road D and Hazelwood Cardinal Pointe and Legacy Village were against it and council passed it anyway, so don’t know if surveys help. (Les Kotula, 3003 Hazelwood St., Unit 204) 2. “I visited with you by phone last week and need to put in my objection to this proposal as it does not include any green space between the northern boundary line with Cardinal Pointe. Both myself in Unit 201 and my partner Elizabeth Vonderharr in Unit 200 face this boundary and feel that here should be a green space along the boundary to protect some of the tall trees and greenery that is currently there. Replacing a 75 foot tree with a 5 foot. twig is not an adequate substitution. As I mentioned we have circulated a petition here at Cardinal Pointe and there are over 100 Maplewood residents that support this request for a “GREEN SPACE’ TO PROVIDE SOME NATURAL BEAUTY IN THIS PROPOSAL”. We feel that this is not an unreasonable request and ask that you contact the developers to tell them of our concern and request that they change their plan to accommodate this request. Thank you.” (Thomas Carey, 3003 Hazelwood St., Unit 201) J2 Packet Page Number 68 of 199 3. “Consideration given to requiring “green zone” of 50 yards between Cardinal Pointe on the north.” (Truman Ingersoll, 3003 Hazelwood St., Unit 133) 4. “My main concern is the additional traffic Hazelwood Street would receive. I face Hazelwood and observe traffic that speeds both ways (mornings and early evenings are heavy) Monday – Friday. Speeding along with noisy mufflers in this mostly residential area should be enforced! Speeding is a problem and will increase with the addition of this building.” (Janet Stolts, 3003 Hazelwood St., Unit 332) No Comments 1. “I have no comments.” (Barbara Hart, 3003 Hazelwood St., Unit 207) 2. “I have no comments.” (Name Not Listed, 3003 Hazelwood St., Unit 229) Reference Information Site Description Site size: 9.13 acres Existing land use: Vacant Surrounding Land Uses North: Cardinal Pointe South: Beam Avenue, fuel station and bank West: Bruce Vento Trail East: Hazelwood Street and St. John’s Hospital Planning Land Use Plan designation: C (commercial) Zoning: M1 (light manufacturing) Attachments 1. Location Map 2. Land Use Map 3. Zoning Map 4. Applicant’s Letter, April 25, 2016 5. Proposed Site and Landscape Plan 6. Building Elevations 7. Environment Report, Shann Finwall, May 13, 2016 8. Cardinal Pointe Resident Petition 9. Proposed Lot Division Plan 10. Applicant’s Parking Study, June 10, 2016 11. Draft CDRB Minutes, May 24, 2016 12. Draft PC Minutes, June 7, 2016 13. Conditional Use Permit Resolution J2 Packet Page Number 69 of 199 14. Applicant’s plans (separate attachment) J2 Packet Page Number 70 of 199 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Hazelwood Medical Office Building - Overview Map Conditional Use Permit, Design Review, Comprehensive Sign Plan and Lot Division J2, Attachment 1 Packet Page Number 71 of 199 Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Hazelwood Medical Office Building - Land Use Map Conditional Use Permit, Design Review, Comprehensive Sign Plan and Lot Division Legend High Density Residential Open Space Commercial J2, Attachment 2 Packet Page Number 72 of 199 Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Hazelwood Medical Office Building - Zoning Map Conditional Use Permit, Design Review, Comprehensive Sign Plan and Lot Division Legend Open Space/Park Planned Unit Development (pud) Light Manufacturing (m1) Business Commercial Modified (bcm) J2, Attachment 3 Packet Page Number 73 of 199 www.bdhyoung.com H:\Davis Group Development - Buildings\A-MWMB - Maplewood (Hazelwood)Medical Center\Plots & PDFs\Planning & Zoning\Project Description letter.docx 4/25/2016 10:03:00 AM 7001 France Avenue South | Suite 200 | Edina, Minnesota 55435 p 952.893.9020 | f 952.893.9299 Hazelwood Medical CenterHazelwood Medical CenterHazelwood Medical CenterHazelwood Medical Center Project Description: Hazelwood Medical Center is a proposed 80,000 square foot three story class A multi-tenant medical building located at the northwest corner of Hazelwood and Beam Avenues. The primary entrance to the site is from Hazelwood Avenue and would align with the main entrance/exit to St. John’s Hospital. A secondary entrance/exit is a current shared access located along Beam Avenue. The proposed building design incorporates class A building materials including stone and brick veneer, composite metal panels and roof cap details, glass curtain walls and punched style windows, and a distinctive glass canopy at the buildings main entrance. The building incorporates an exterior roof deck for use by staff and patients. A large green space provides a beutiful landscaped yard between the parking lot and the building as well as a natural buffer between the building and the residential development to the north. The use of this property for a medical building helps to strengthen and anchor the medical campus that has developed around St. John’s Hospital. The proposed development is very complimentary to the existing uses in the area and is respectful to the residential district to the north. Although there may be some afterhours urgent care type uses within the facility, the primary building activities will occur from 7:00 AM to 6:00 PM Monday through Friday. This allows for the majority of traffic to be generated during the typical work week with minimal impact during evening and weekend hours. The proposed Hazelwood Medical Center development is consistent with the City of Maplewood’s Comprehensive Plan and meets all the requirements outlined in the Code of ordinances. The building design and overall development will provide an outstanding medical facility to serve the City of Maplewood for years to come. J2, Attachment 4 Packet Page Number 74 of 199 W:\2016\16108\CADD DATA\LANDSCAPE\_dwg Sheet Files\Phase 1\L1-1Plotted: 05 /11 / 2016 4:18 PMSUBMITTAL/REVISIONSPROFESSIONAL SIGNATUREQUALITY CONTROLCADD files prepared by the Consultant for this project areinstruments of the Consultant professional services for use solelywith respect to this project. These CADD files shall not be usedon other projects, for additions to this project, or for completionof this project by others without written approval by theConsultant. With the Consultant's approval, others may bepermitted to obtain copies of the CADD drawing files forinformation and reference only. All intentional or unintentionalrevisions, additions, or deletions to these CADD files shall bemade at the full risk of that party making such revisions, additionsor deletions and that party shall hold harmless and indemnify theConsultant from any & all responsibilities, claims, and liabilities.CADD QUALIFICATIONHAZELWOODM.O.B.PHASE 1Maplewood, MinnesotaTHE DAVIS GROUP222 SOUTH 9TH STREET, SUITE 3255MINNEAPOLIS, MN 55402L1-1LANDSCAPE PLANL2-1 TREE PRESERVATION PLAN03/18/16 PRELIMINARY PRICING04/22/16 CITY SUBMITTALREG. NO.23849DATEDebra BrodshoI hereby certify that this plan was prepared by me or under mydirect supervision and that I am a duly licensed LandscapeArchitect under the laws of the State of Minnesota.Project LeadChecked ByWARNING:THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALLEXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES INMAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 ATLEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFOREDIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGEDDURING CONSTRUCTION AT NO COST TO THE OWNER.LANDSCAPEPLANL1-1DBDB104'J2, Attachment 5Packet Page Number 75 of 199 J2, Attachment 6 Packet Page Number 76 of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ttachment 6 Packet Page Number 77 of 199 72),1,6+('),567)/225 72522) 72),1,6+('6(&21')/225 72),1,6+('7+,5')/225 723$5$3(7% 723$5$3(7& &20326,7(0(7$/)$&,$3$1(/6<67(0$12',=('$/80,1807+(50$/%52.(1*/$=,1*)5$0(6:/2:(,168/$7('*/$6687,/,7<%5,&.;;:&2/25('0257$535(),1,6+('&20326,7(0(7$/&$3)/$6+,1*35(&2/25('35(&$676721(:,1'2:6,//87,/,7<%5,&.;;:&2/25('0257$5$&&(176721($&&(17%5,&.62/',(5&2856(72),1,6+('),567)/225 72522) 72),1,6+('6(&21')/225 723$5$3(7$ 72),1,6+('7+,5')/225 723$5$3(7% 723$5$3(7& 35(/,0,1$5<(;7(5,25(/(9$7,216  3=(;7(5,25(/(9$7,21:(67  3=(;7(5,25(/(9$7,211257+3=J2, Attachment 6 Packet Page Number 78 of 199 Environmental Review Project: Hazelwood Medical Office Building Date of Plans: April 22, 2016 (Tree and Landscape Plan) Date of Review: May 13, 2016 Location: Northwest Corner of Hazelwood Street and Beam Avenue Reviewer: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@maplewoodmn.gov Background: BDH+Young are proposing to construct an approximately 140,000 square foot office building on the vacant lot located on the northwest corner of Hazelwood Street and Beam Avenue. The office building will be constructed on the south side of the lot, with a phase 2 office building development on the north side of the lot. The applicant proposes to grade and remove trees on the entire site for the first phase of the development. Tree Preservation 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. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. The calculation takes into account the size of a tree and bases replacement on that size. In essence, the ordinance requires an applicant to plant a greater amount of smaller replacement trees because they removed a significant number of large trees. Tree Removal and Required Replacement: The tree plan shows 51 significant trees, 853 inches in diameter. The applicant proposes to remove 50 significant trees, 832 inches in diameter. The required tree replacement is 967.7 caliper inches. The landscape plan shows 187 new trees, 497 caliper inches. This is 470.7 caliper inches, or 235 trees, short of the requirement. It is clear that 235 additional trees will not fit on the property. Recommendation: In order to comply with the City’s tree preservation ordinance, the applicant must: 1. Submit a revised landscape plan that shows the following additional trees, larger trees, or mulched beds of native or drought tolerant shrubs to increase the number of replacement trees. 2. If the applicant is still unable to meet the tree replacement requirements through additional trees, larger trees, or shrubs, they may pay into the City’s tree fund as outlined in the City’s tree standards. J2, Attachment 7 Packet Page Number 79 of 199 {, : I.,'. I*,/ ntd;^l Pto\b** Ee,;D-;r.*tnilr*t Ra)rf.Fr?',"' Ml -T14alt<-/14 Hnr<lwaa4*tca*L 6{S,i.ra -BU? h4,* so*L .d'l\P +f\res W h }frd"/ t'.* rtlL +h"tJ h^* gu e,*t t,\W l/lnrJ A-yr& p$oi +.\A ,+ h)-<J-+,.-*,uu 24/ 3>r{ z-z-l 3)) 3z/ 7<3/a5 a\ \E \ lA V-a-z'z,)- {\\ -? )->3)7 32 ?4;^*-//( JA"^ilq-t,^? ^LaQ- (_- @ t b,- *e;k tt (I<-e- t lrtL O J2, Attachment 8 Packet Page Number 80 of 199 ( r I ( J/ {\ -v;6 3/7 ffi3/g ( P*/^"L ') 7? )f,l-=t{ Ut33 'l I /o7 j: 1-tx. at- --- 7aa*"*"e /o 3 o 5su /37 )a1 l N"/\*( a6 t-? I s \ L /r-ZX-*-.*. g V=>- l;-;]{u CN, _3 7x 3 i3 \ .{ ,,tt,r{ //c \\tA Q <'J,-ArL" n 6t/- 0- tl ,1 5 ao+ \!112Ni t ,il I.\ r-/ N\J (, -f /,t#-^7- h '/r'- I J2, Attachment 8 Packet Page Number 81 of 199 - 3N a2L ol z/q /3f 1-zo Jtlzyt-)3 L / c,4n ef 3z\ 3s= 4-,- Klrilp JA6 3cs 3 33t [5 /_ 27{ )1 0 3 @/,ffi- dJt !, t-Jrr 30 1 3aD \ J2, Attachment 8 Packet Page Number 82 of 199 f3- /,ry't-Z- 3 --r35 3eS 3/<_ --ao 7- +d- J2, Attachment 8 Packet Page Number 83 of 199 LOUCKSW:\2016\16108\CADD DATA\SURVEY\S16108-MASTERPlotted: 05 /02 / 2016 2:19 PM7200 Hemlock Lane, Suite 300Maple Grove, MN 55369763.424.5505www.loucksinc.comPLANNINGCIVIL ENGINEERINGLAND SURVEYINGLANDSCAPE ARCHITECTUREENVIRONMENTALSUBMITTAL/REVISIONSPROFESSIONAL SIGNATUREQUALITY CONTROLCADD files prepared by the Consultant for this project areinstruments of the Consultant professional services for use solelywith respect to this project. These CADD files shall not be usedon other projects, for additions to this project, or for completionof this project by others without written approval by theConsultant. With the Consultant's approval, others may bepermitted to obtain copies of the CADD drawing files forinformation and reference only. All intentional or unintentionalrevisions, additions, or deletions to these CADD files shall bemade at the full risk of that party making such revisions, additionsor deletions and that party shall hold harmless and indemnify theConsultant from any & all responsibilities, claims, and liabilities.CADD QUALIFICATIONHazelwoodMedical BuildingMaplewood, MNThe Davis Group222 S. 9th St. Suite 3255Minneapolis, Mn 55402Preliminary Platof Hazelwood1 of 105-02-16CITY SUBMITTALSCALE IN FEET040 80License No.Date I hereby certify that this survey, plan or report wasprepared by me or under my direct supervision and thatI am a duly Licensed Land Surveyor under the laws ofthe State of Minnesota.VICINITY MAPField CrewHenry D. Nelson - PLS17255Project LeadDrawn ByChecked ByLoucks Project No.16108HDNTMBBS/DJP/BHNOTES1. This property is contained in Zone X (areas determined to be outside the 0.2% annual chance floodplain)per Flood Insurance Rate Map, Community Panel No. 270378-0043-G, effective date of June 4, 2010.2. The Gross land area is 435,678+/- square feet or 10.00+/- acres.Lot 1 Area = 126,421 Sq.Ft. or 2.90 AcresLot 2 Area = 231,705 Sq.Ft. or 5.32 AcresLot 3 Area = 48,134 Sq.Ft. or 1.11 AcresRight of way Dedication Area = 47,393 Sq.Ft. or 1.09 AcresTotal Property Area = 453,653 Sq.Ft. or 10.41 Acres3. Current Zoning: Light Manufacturing (M-1);The setbacks as received from BDH Young Architects are :Building:Street = 30 feetResidential = 100 feetParking:Street = 15 feetInterior Lot = 5 feetResidential = 20 feet4. We have shown underground utilities on and/or serving the surveyed property per Gopher StateOne-Call Ticket No's 160700713 and 160700705. The following utilities and municipalities were notified:AT&T LOCAL SVCS/TRANSMISSI-TCG (608)850-9280BP PIPELINE (800)548-6482CITY OF MAPLEWOOD (651)249-2410COMCAST - COMCST01 (612)522-8141CENTURYLINK - CTLQL (855)742-6062CITY OF VADNAIS HEIGHTS (651)204-6000WINDSTREAM COMMUNICATIONS (763)682-3514METRO WASTE COMMISSION (651)602-4511RAMSEY COUNTY PUBLIC WORKS (651)266-7100ST PAUL REGIONAL WATER (651)266-6868ST PAUL SEWER (651)266-9850ST PAUL TRAFFIC AND LIGHTING (651)266-9777ST PAUL PARKS (651)632-5129XCEL ENERGY (651)229-2427i. Utility operators do not consistently respond to locate requests through the Gopher State One Callservice for surveying purposes such as this. Those utility operators that do respond, often will notlocate utilities from their main line to the customer's structure or facility. They consider those utilities“private” installations that are outside their jurisdiction. These “private” utilities on the surveyedproperty or adjoining properties, may not be located since most operators will not mark such"private" utilities. A private utility locator may be contacted to investigate these utilities further, ifrequested by the client.ii. The locations of underground utility lines shown hereon is an approximation based on availablemaps, unless otherwise noted on the survey.iii. Maps provided by those notified above, either along with a field location or in lieu of such a location,are very often inaccurate or inconclusive. EXTREME CAUTION MUST BE EXERCISED BEFORE ANEXCAVATION TAKES PLACE ON OR NEAR THIS SITE. BEFORE DIGGING, YOU ARE REQUIRED BYLAW TO NOTIFY GOPHER STATE ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 811 or (651)454-0002.DESCRIPTION OF PROPERTY SURVEYED(Per Commitment for Title Insurance issued by Commercial Partners Title, LLC as agent for Old RepublicNational Title Insurance Company, File No. 50191, dated September 9, 2015.)All that part of the South 1,119.50 feet of the Northwest Quarter of Section 3, Township 29 North, Range 22West, which lies East of the East right-of-way line of the Burlington Northern Railroad (formerly known as theSt. Paul & Duluth Railway) Excepting therefrom the following described parcel:All that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 22West, City of Maplewood, Ramsey County, Minnesota, described as follows:Beginning at the Southeast corner of the Southeast Quarter of the Northwest Quarter; thence North 01degrees 06 minutes 59 seconds West (bearing based on the Ramsey County Coordinate System, NorthAmerican Datum of 1983), along the East line of said Southeast Quarter of the Northwest Quarter, adistance of 374.77 feet; thence North 89 degrees 48 minutes 35 seconds West, parallel with the Southline of said Southeast Quarter of the Northwest Quarter, a distance of 371.33 feet; thence South 00degrees 11 minutes 25 seconds West, a distance of 374.67 feet to the South line of said SoutheastQuarter of the Northwest Quarter; thence South 89 degrees 48 minutes 35 seconds East, along theSouth line of said Southeast Quarter of the Northwest Quarter, a distance of 379.88 feet to the point ofbeginning.Ramsey County, MinnesotaAbstract PropertyPreliminary Plat of HazelwoodSURVEY LEGENDSPOT ELEVATIONGATE VALVESIGNLIGHT POLESANITARY MANHOLEPOWER POLEHYDRANTSTORM MANHOLECATCH BASINCONTOURCONCRETE CURBSTORM SEWERSANITARY SEWERUNDERGROUND CABLE TVWATERMAINCONCRETEGAS METERUNDERGROUND UTILITYSANITARY SEWER SERVICEWATER SERVICEGUY WIRECULVERTOVERHEAD UTILITYTOP OF CURBTCJ2, Attachment 9Packet Page Number 84 of 199  www.bdhyoung.com  7001 France Avenue South Suite 200 Edina, Minnesota 55435 p 952.893.9020 f 952.893.9299 June 10, 2016 Michael Martin, Economic Development Coordinator City of Maplewood 1830 County Road B East Maplewood, MN 55109 Regarding: Hazelwood Medical Commons Dear Michael, Attached is a parking comparison study we have completed for your use in determining parking requirements for the proposed Hazelwood Medical Commons project. I have including information on two similar multi-tenant medical building projects that have been previously completed. The study consists of a count of parking spaces occupied by vehicles at 10:00 A.M. and 2:00 P.M. on two typical work days – see attached documents. Below is a recap of the information obtained during the site visits. Should you have any questions or require additional information, feel free to contact me. Sincerely, Patrick J. Giordana AIA V.P. Architecture J2, Attachment 10 Packet Page Number 85 of 199  www.bdhyoung.com  7001 France Avenue South Suite 200 Edina, Minnesota 55435 p 952.893.9020 f 952.893.9299 Crystal Medical Building Building size: 46,630 S.F (80% occupied) Parking provided: 213 spaces 4.5 spaces/1,000 S.F. Maximum parking spaces utilized: 107 spaces 2.3 spaces/1,000 S.F. Savage Medical Building Building size: 32,530 S.F (Fully occupied) Parking provided: 190 spaces 5.8 spaces/1,000 S.F. Maximum parking spaces utilized: 61 spaces 1.9 spaces/1,000 S.F. J2, Attachment 10 Packet Page Number 86 of 199 J2, Attachment 10 Packet Page Number 87 of 199 J2, Attachment 10 Packet Page Number 88 of 199 J2, Attachment 10 Packet Page Number 89 of 199 J2, Attachment 10 Packet Page Number 90 of 199 J2, Attachment 10 Packet Page Number 91 of 199 J2, Attachment 10 Packet Page Number 92 of 199 J2, Attachment 10 Packet Page Number 93 of 199 J2, Attachment 10 Packet Page Number 94 of 199 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 24, 2016 5. DESIGN REVIEW b. Consider Approval of a Proposed Medical Office Building, Northwest Corner of Hazelwood Street North and Beam Avenue East i. Economic Development Coordinator, Michael Martin gave the report on the Proposed Medical Office Building, Northwest Corner of Hazelwood Street North and Beam Avenue East. ii. Mark Davis, Davis Group Development, 2487 Crown Hill Rd, Minnetonka, addressed and answered questions of the board. iii. Vice President of Architecture, Patrick Giordana, BDH+Young, 7001 France Avenue South, Edina, addressed and answered questions of the board. a. Conditional Use Permit Resolution (to be discussed at the Planning Commission Meeting) b. Design Plans c. Comprehensive Sign Plan d. Lot Division (to be discussed at the Planning Commission Meeting) Boardmember Ledvina moved to approve the plans date-stamped May 18, 2016 and the revised elevations for the north and west facades for the proposed medical office building at Hazelwood Street North and Beam Avenue east. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes. 2. All trash receptacles must either be kept inside the building or an outside trash enclosure must be built on site. 3. Satisfy the requirements set forth in this report by staff engineer Jon Jarosch. 4. Satisfy the requirements set forth in the environmental report authored by Shann Finwall, dated May 13, 2016. 5. Submit the following the staff approval before the city issues a grading or building permit: a. Final grading, paving, drainage, utility, traffic/street improvement and erosion control plans. These plans shall meet the requirements of the city code and the city engineer. J2, Attachment 11 Packet Page Number 95 of 199 b. Verification that all watershed district special provisions, as indicated on the watershed district permit, are met before the city issues a building or grading permit for the site. c. Payment of the required park availability charge of $286,344, as determined by city ordinance. d. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 6. The applicant or the contractor shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Install a reflectorized stop sign at the exits and a handicap-parking sign for each handicap accessible parking space. c. Install an in-ground lawn irrigation system for the parking lot islands and for all landscape areas (except the ponding areas). d. Post signs identifying the customer and employee parking spaces. e. Install all the required exterior improvements, including landscaping and signs. f. Install all bituminous and the engineered porous or permeable surface and the curb and gutter. g. Stripe all drive aisles h. Install all required landscaping by June 1 if the building is finished in the fall or winter, or within six weeks of completion if it is finished in the spring or summer. i. Install all exterior lighting. j. Screen all roof-mounted equipment visible from public streets. 7. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. 8. All work shall follow the approved plans. The director of the environmental and economic development department may approve minor changes. J2, Attachment 11 Packet Page Number 96 of 199 9. This approval does not include any of the other buildings on the site (only the first phase medical office building). The owner shall apply to the city for design approval for each of the additional phases (including the architectural, landscaping and drainage plans). The community design review board (CDRB) must approve the project plans for each of these buildings before the city can issue a building permit for each building. Boardmember Ledvina moved to approve the plans date-stamped May 18, 2016 for a comprehensive sign plan to allow signage for a new medical office building located at Hazelwood. Approval of the comprehensive sign plan is subject to the following conditions: (changes to the conditions are in bold and underlined). 1. Signs on the east elevation shall be limited to one 10’ X 30’ sign over the main entrance and three 3’ and 25’ tenant signs. 2. Signs on the south elevation shall be limited to two 3’ X 25’ tenant signs. 3. No signs are permitted for the west or north elevations. 4. Any signs for future phases will require an amendment of this sign plan. 5. The maximum size of the letters shall be 48 inches and be channel letters. 6. The monument sign shall have a maximum height of 12 feet from the base and shall incorporate design and materials of the building subject to staff approval. Seconded by Boardmember Lamers. Ayes – All The motion passed. This item goes to the planning commission on June 7, 2016 and then to the city council on June 13, 2016 or June 27, 2016 J2, Attachment 11 Packet Page Number 97 of 199 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 7, 2016 7:00 P.M. 5. PUBLIC HEARING a. 7:00 p.m. or later: Consider Approval of a Proposed Medical Office Building, Northwest Corner of Hazelwood Street North and Beam Avenue East i. Economic Development Coordinator, Mike Martin gave the report on the proposed medical office building and answered questions of the commission. ii. Maplewood Civil Engineer II, Jon Jarosch, addressed and answered questions of the commission. iii. Mark Davis, Davis Group Development, 2487 Crown Hill Rd, Minnetonka, addressed and answered questions of the board. The planning commission is reviewing the: a. Conditional Use Permit Resolution b. Lot Division Chairperson Arbuckle opened the public hearing. 1. Thomas Carey, resident at Cardinal Pointe spoke about the petition included in the planning commission packet and the concerns about the buffer, landscaping and the parking. Chairperson Arbuckle closed the public hearing. Commissioner Kempe moved to approve the resolution approving a conditional use permit for a medical office building and retail building to be constructed on a parcel within the light manufacturing (m1) zoning district that is within 350 feet of a residential zoning district. Approval of this resolution is based on the findings required by the ordinance and subject to the following conditions: 1. All construction shall follow the plans date-stamped May 18, 2016. The director of the environmental and economic development department 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. Prior to the issuance of a grading permit, the applicant must meet the requirements of the city’s tree preservation ordinance. J2, Attachment 12 Packet Page Number 98 of 199 5. This permit approves the first and second phases of the medical office building and the retail building near Beam Avenue. All phases must receive city approval of design plans before a building permit can be issued. 6. The total parking requirement for the two phases of the medical office building are 700 parking spaces. The site will provide 541 parking spaces. The applicant shall submit to the city a site plan showing the location of 71 additional provided as proof- of-parking spaces. A waiver of 88 parking spaces is approved. Commissioner Kempe moved to approve the lot division for the Hazelwood Medical Office Building, subject to the following conditions: a. The applicant shall comply with the requirements of the city’s engineer. b. Prior to submitting to the county for recording, cross access easement agreements shall be submitted to city staff covering the three created parcels and the shared drive with 1535 Beam Avenue East. Seconded by Commissioner Desai. Ayes - All The motion passed. This item goes to the city council on June 27, 2016. J2, Attachment 12 Packet Page Number 99 of 199 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Patrick Giordana, on behalf of Davis Group Development, is seeking approval to build an 80,000-square-foot medical office building on the vacant property located at the northwest corner of Hazelwood Street and Beam Avenue. Additional phases will include another 60,000 square feet of medical office space and a retail building near Beam Avenue. WHEREAS, Section 44-637(b) of the city ordinances requires a conditional use permit for buildings within 350 of a residential district. WHEREAS, this permit applies to the vacant property located at the northwest corner of Beam Avenue East and Hazelwood Street North. The property description is: All that part of the South 1,119.50 feet of the Northwest Quarter of Section 3, Township 29 North, Range 22 West, which lies East of the East right-of-way line of the Burlington Northern Railroad (formerly known as the St. Paul & Duluth Railway) Excepting therefrom the following described parcel: All that part of the Southeast Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, described as follows: Beginning at the Southeast corner of the Southeast Quarter of the Northwest Quarter; thence North 01 degrees 06 minutes 59 seconds West (bearing based on the Ramsey County Coordinate System, North American Datum of 1983), along the East line of said Southeast Quarter of the Northwest Quarter, a distance of 374.77 feet; thence North 89 degrees 48 minutes 35 seconds West, parallel with the South line of said Southeast Quarter of the Northwest Quarter, a distance of 371.33 feet; thence South 00 degrees 11 minutes 25 seconds West, a distance of 374.67 feet to the South line of said Southeast Quarter of the Northwest Quarter; thence South 89 degrees 48 minutes 35 seconds East, along the South line of said Southeast Quarter of the Northwest Quarter, a distance of 379.88 feet to the point of beginning. WHEREAS, the history of this conditional use permit is as follows: 1. On June 7, 2016, the planning commission held a public hearing. The city staff published a notice in the paper 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 also considered the report and recommendation of city staff. The planning commission recommended that the city council ______ this permit. 2. On June 27, 2016, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ the above-described conditional use permit, because: J2, Attachment 13 Packet Page Number 100 of 199 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not 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. 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 no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped May 18, 2016. The director of the environmental and economic development department 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. Prior to the issuance of a grading permit, the applicant must meet the requirements of the city’s tree preservation ordinance. 5. This permit approves the first and second phases of the medical office building and the retail building near Beam Avenue. All phases must receive city approval of design plans before a building permit can be issued. 6. The total parking requirement for the two phases of the medical office building are 700 parking spaces. The site will provide 541 parking spaces. The applicant shall submit to the city a site plan showing the location of 71 additional provided as proof-of-parking spaces. A waiver of 88 parking spaces is approved. The Maplewood City Council __________ this resolution on June 27, 2016. J2, Attachment 13 Packet Page Number 101 of 199 J3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: June 27, 2016 SUBJECT: Preliminary Approval for Issuance of Bonds Introduction General Obligation Bonds in the amount of $9,955,000 will be issued to finance the following: 1. General Obligation Special Assessment Improvement Bonds totaling $1,935,000 will finance the Sterling Street and Bebe Road improvements. Principal and interest on the bonds will be paid over 15 years with the following revenue sources: Special Assessments $1,496,616 State Aid Funds 410,037 Property Tax Levy 357,519 Total Revenue Sources $2,264,172 2. General Obligation Equipment Certificates will be issued in the amount of $510,000 to cover the cost of equipment needs previously approved by the Council. Property taxes will be used to pay the principal and interest on the bonds over five years, as follows: Ambulance $ 265,587 Goodrich Park Playground 265,587 Total Revenue Sources $ 531,174 3. General Obligation Capital Improvement Bonds totaling $1,320,000 will finance the proposed 2016 and 2017 improvements to City Buildings previously approved by the Council in the CIP. The CIP projects are described in the attached CIP bonding supplement and are summarized as follows: City Hall Chiller $ 500,000 Structural Repairs 70,000 Emergency Lighting 160,000 Ceiling Tile/Carpeting 415,000 Safety Repairs PW 140,000 Issuance Costs 35,000 Principal and interest on the improvement bonds will be paid over 15 years as follows: Property Tax Levy $1,544,764 Packet Page Number 102 of 199 J3 4. General Obligation Refunding Bonds totaling $6,190,000 will be used to refund maturities of the City’s 2007A and 2008A General Obligation Special Assessment Improvement Bonds. The refunding (refinancing) of these bonds will save the City an estimated $415,489 over the remaining life of the bonds (final maturity 4/1/2024). Because the existing bonds are not callable until the year 2018, this will be an advance refunding of the maturities remaining after the call date. The refunding bond proceeds will be placed in an escrow account, earning interest until the call date of the bonds. The net present value benefit of the savings is estimated at $400,759, or 6.641% of outstanding principal, much higher than the 3.5% required by City policy. The CIP projects are described in the attached 2016-2020 CIP Bonding Plan. Financing plans are illustrated in the attached report from Springsted Incorporated. A 30-day reverse referendum period for the CIP bonds begins June 28, 2016. A rating conference is scheduled for the week of July 25, 2016. The City Council will consider the award of bids for the bond sale at 7:00 p.m. on Monday, August 8, 2016. Budget Impact Estimated net present value benefit to the City for the refunding bonds is $400,759. Estimated interest costs on the CIP, improvement, and equipment bonds is $575,109 over the life of the bonds. Estimated impact on taxpayers: The average Maplewood household can expect to an estimated property tax impact as follows: Street improvement bonds $1/year for 15 years = $15 Equipment certificates $5/year for 5 years = $25 Capital improvement $5/year for 15 years = $75 Refunding savings $3/year for 7 years = ($21) Estimated total impact over 15 years $94 or $6.26/year Recommendation It is recommended that the City Council approve the attached resolutions providing preliminary approval for the sale of:  General Obligation Capital Improvement Bonds in an amount not to exceed $1,400,000, Series 2016A, and  Equipment Certificates in the amount of $510,000, Series 2016A, and  General Obligation Improvement Bonds in the amount of $1,935,000, Series 2016A, and  General Obligation Refunding Bonds in the amount of $6,190,000, Series 2016B. Attachments 1. Resolution giving preliminary approval of CIP Bonds for Series 2016A 2. Resolution authorizing sale of 2016A bonds 3. Resolution authorizing sale of 2016B bonds 4. CIP Bonding Document 5. Recommendations from Springsted, Inc. Packet Page Number 103 of 199 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED $1,400,000 AND ADOPTING THE CITY OF MAPLEWOOD, MINNESOTA, CAPITAL IMPROVEMENT PLAN FOR THE YEARS 2016 THROUGH 2021 SECTION 1. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") proposes to issue its general obligation capital improvement plan bonds (the "Bonds") and adopt the City of Maplewood, Minnesota, Capital Improvement Plan for the Years 2016 Through 2021 (the "Plan"); and SECTION 2. WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.521; and SECTION 3. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has been held on this date, following published notice of the public hearing as required by law; and SECTION 4. WHEREAS, in approving the Plan, the City Council considered for each project and for the overall Plan: A. The condition of the City's existing infrastructure, including the projected need for repair and replacement; B. The likely demand for the improvement; C. The estimated cost of the improvement; D. The available public resources; E. The level of overlapping debt in the City; F. The relative benefits and costs of alternative uses of the funds; G. Operating costs of the proposed improvements; and H. Alternatives for providing services more efficiently through shared facilities with other local governmental units; and SECTION 5. WHEREAS, the City Council has determined that the issuance of general obligation capital improvement plan bonds in the aggregate principal amount of up to $1,400,000 is the best way to finance the capital improvements identified in the Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, that the City hereby adopts the Plan and authorizes the issuance of up to $1,400,000 aggregate principal amount of general obligation capital improvement plan bonds. J3, Attachment 1 Packet Page Number 104 of 199 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $3,765,000 GENERAL OBLIGATION BONDS, SERIES 2016A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $3,765,000 General Obligation Bonds, Series 2016A (the "Bonds") to finance (i) various street improvement projects; (ii) improvements to the city hall, fire stations, and public works buildings; and (iii) the purchase of capital equipment; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. J3, Attachment 2 Packet Page Number 105 of 199 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,190,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $6,185,000 General Obligation Refunding Bonds, Series 2016B (the "Bonds") to refund (i) the February 1, 2018 through February 1, 2023 maturities of the City’s General Obligation Improvement Bonds, Series 2007A, dated July 1, 2007 and (ii) the April 1, 2018 through April 1, 2023 maturities of the City’s General Obligation Bonds, Series 2008A, dated July 1, 2008; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. J3, Attachment 3 Packet Page Number 106 of 199 2016 through 2020 Capital Improvement CIP Bonding Plan City of Maplewood, Minnesota June 2016 Prepared by: City of Maplewood Finance and Public Works J3, Attachment 4 Packet Page Number 107 of 199 Table of Contents I. INTRODUCTION ........................................................................ 3 II. PURPOSE ............................................................................................ 4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS ............................ 5 IV. PROJECT(S) SUMMARY....................................................................... 6 V. FINANCING THE CAPITAL IMPROVEMENT PLAN………………………..…..13 J3, Attachment 4 Packet Page Number 108 of 199 City of Maplewood, Minnesota CIP BONDING PLAN 2016 - 2020 I. INTRODUCTION In 2003, the Minnesota State Legislature adopted a statute that generally exempts municipal bonds issued under a capital improvement program from the referendum requirements usually required for city halls, public works, and public safety facilities. The 2005 Legislature added towns to the meaning of a municipality and town halls and libraries to the meaning of a capital improvement. J3, Attachment 4 Packet Page Number 109 of 199 II. PURPOSE A capital improvement is a major expenditure of municipal funds for the acquisition or betterment to public lands, buildings, or other improvements used as a city hall, town hall, library, public safety, or public works facility, which has a useful life of 5 years or more. For the purposes of Minnesota Statutes, Section 475.521, capital improvements do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town hall, or land for those facilities. However, this plan includes certain additional capital improvements beyond the scope of that statute. A Capital Improvement Plan (CIP) is a document designed to anticipate Capital Improvement expenditures and schedule them over a period so that they may be purchased in the most efficient and cost effective method possible. A CIP allows the matching of expenditures with anticipated revenue. As potential expenditures are reviewed, the municipality considers the benefits, costs, alternatives and impact on operating expenditures. The City of Maplewood, Minnesota (the “City”) believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical public assets, preservation of public assets and sound fiscal management. In these financially difficult times good planning is essential for the wise and prudent use of limited financial resources. The Capital Improvement Plan is designed for an annual update. In this manner, it becomes an ongoing fiscal planning tool that continually anticipated future capital expenditures and funding sources. J3, Attachment 4 Packet Page Number 110 of 199 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows; the City Council authorizes the preparation of the Capital Improvement Plan (CIP). The City staff is instructed to assemble the capital expenditures to be undertaken within the next five years. The City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary capital improvement plan is prepared. A public hearing is held to solicit input from citizens and other governmental units. Changes are made based on that input, and a final project list is established. The City Council then prepares a plan based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor and bond attorney to prepare a bond sale and repayment schedule. Over the life of the CIP, once the funding, including proceeds from the bond sales becomes available; the individual capital expenditures can be made. In subsequent years, the process is repeated as expenditures are completed and as new needs arise. Capital improvement planning looks five years into the future. For a municipality to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the governing body must approve the sale of capital improvement bonds by a 3/5ths majority of its membership. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City’s official web site. The governing body approves the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall J3, Attachment 4 Packet Page Number 111 of 199 be called (if a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity). PROJECT(S) SUMMARY The expenditures to be undertaken with this Capital Improvement Plan (CIP) are limited to those listed below. All other foreseeable capital expenditures within the municipal government will come through other means. The following expenditures have been submitted for inclusion in this CIP (net of bond issuance and related costs): 2016 Expenditures  City Hall Chiller Replacement Project; $500,000.00 (Planned for Replacement Prior to Asset Management Study Completed in 2015)  City Hall and Public Works Exterior Wall Structural Repairs: $70,000.00 (Recommended for Action in 2015 per the Asset Management Study) 2017 Expenditures  City Hall, Public Works, and Fire Stations: Emergency Lighting, Exit Signs - Safety; $160,000.00 (Recommended for Action in 2015/2016 per the Asset Management Study)  City Hall Ceiling Tile Replacement, Painting, Carpeting/Flooring, Counter Adjustment; $415,000.00 (Recommended for Action in 2016 per the Asset Management Study)  Park Maintenance Building (Public Works): Electric, Flooring, Overhead Doors, Exhaust Systems, Switchgear; $140,000.00 (Recommended for Action in 2016 per the Asset Management Study) 2018 Expenditures  Public Works 1902 Building Central Air Handler Unit/VAV System w/ Distribution Renewal and Unit Heaters; $360,000.00 J3, Attachment 4 Packet Page Number 112 of 199 (Recommended for Action in 2020 per the Asset Management Study) 2019 Expenditures  Public Works 1902 Building Roofing (BUR) Renewal; $410,000.00 (Recommended for Action in 2018 per the Asset Management Study) The statute has established certain criteria that must be met. Under these criteria, the City has considered the following eight points: 1. Condition of the City’s infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefits of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments The CIP is composed of projects that will preserve, develop and enhance land located within the City for parks, recreation, trails & greenways, provide safer roads, provide more space for the City’s facilities, improve and maintain the City’s facilities, and other uses. The City has analyzed the eight points required per statute for each project on an individual basis and as a whole. Findings are as follows: PROJECTS (CIP Bond Projects) Conditions of City Infrastructure and Need for the Projects The City employs the VFA asset management system which assists in assessing the community’s “above ground” facilities including the City Hall, Public Works, and Fire Station facilities. The asset management system, among a wide variety of inputs, provides an objective assessment and analysis of the City’s current above ground facilities and their current and future needs requirements. For inclusion in the CIP the J3, Attachment 4 Packet Page Number 113 of 199 VFA asset management data are carefully reviewed, assessed, and complimented by the City’s building and grounds maintenance staff’s facility inspections and observations. Using facility performance and use objectives, the CIP integrates service and use demands to assist in assuring facilities meet current and future needs and facility objectives. The integration of the fixed asset data, inspections, observations, analysis, and performance objectives results in the prioritization of facility needs and recommendations for current facility improvements and replacements. Recommendations made herein regarding the Public Works, City Hall, and Fire Station facilities resulted from a careful analysis of the VFA asset management data, statutory criteria and other factors including significant known facility deficiencies and the assessment of aged and failing systems resulting in the deterioration of publicly owned facilities. Improvements to these facilities will assist in ensuring that the public’s investments in such are protected and that such facilities are available and able to serve their intended public purpose. Demand for Projects The Public Works, City Hall, and North and South Fire Station facilities have needed renewal, repair and replacements for numerous years. However, as a result of fiscal constraints; the projects have been deferred but are currently necessary to address escalating facility issues resulting in the premature aging of publicly owned facilities (measured by the Facility Condition Index; FCI); inoperability of facility systems; energy inefficiencies; water and other structural damage; and to ensure the public’s investment in the facilities are protected and that the facilities available and able to serve their intended public purpose and use. The City Hall facility is in need of exterior structural and other improvements in addition to replacement of internal system components as outlined in this plan. The Public Works facility is in need of repair to its exterior along with other HVAC systems. J3, Attachment 4 Packet Page Number 114 of 199 The design and remodeling of the North and Central Fire Station facilities is warranted based on current and projected public safety service demands, City growth patterns and risk factors. Please refer to Fire Department service delivery report in which the City consolidated down to three strategically located fire station buildings. Availability of Public Resources Bonded debt is needed to finance the Public Works facility, City Hall and Fire Station projects. The availability of financing a portion of any of the project from funds on hand is limited. Level of Overlapping Debt Direct and overlapping governmental activities debt at December 31, 2015 is presented in the table on below: J3, Attachment 4 Packet Page Number 115 of 199 CITY OF MAPLEWOOD, MINNESOTA DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT Table 11 December 31, 2015 Estimated Gross Estimated City Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable Debt Debt repaid with property taxes: Ramsey County $162,575,000 8.3% $13,493,725 Ramsey County Library 19,925,000 16.3% $3,247,775 School Districts: Maplewood-No. St. Paul School District #622 120,470,000 42.1% $50,717,870 Roseville School District #623 39,470,000 8.3% $3,276,010 White Bear Lake School District #624 84,050,000 0.9% $756,450 Other Debt: Metropolitan Council 14,500,000 1.3% $188,500 Metropolitan Transit District 247,215,000 1.7% $4,202,655 Subtotal - overlapping debt 75,882,985 City direct debt 70,638,237 100.0% 70,638,237 Total direct and overlapping debt $146,521,222 Source: Ramsey County Relative Costs and Benefits of Alternative Uses of the Funds If the projects are not approved, debt will not be issued. If there were other financing sources, such as funds on hand, then alternative uses of the funds could be evaluated. Operating Costs of the Proposed Improvements Lower operating and maintenance costs are anticipated as a result of the Public Works, City Hall and Fire Station Improvements due to reducing maintenance needs in addition to installation of energy efficient systems such as the new chiller to serve city hall. J3, Attachment 4 Packet Page Number 116 of 199 Options for Shared Facilities with Other Cities or Local Government There are always opportunities to share or partner with other cities and local governments. Those discussions always remain open and pursuit would be based a mutual benefit, however would be limited since these are existing, not new, facilities. FINANCING THE CAPITAL IMPROVEMENT PLAN The total amount of requested expenditures under the 2016-2020 Capital Improvement Facility Bonding Plan is up to $1,400,000. In the financing of the Capital Improvement Plan, two statutory limitations apply. Under Chapter 475, with few exceptions, municipalities cannot incur debt in excess of 3% of the assessor’s taxable market value for the municipality. In the City, the Payable 2015 TMV is $3,242,412,200 that yields a debt limit of $97,272,366. The City currently has $9,970,000 of existing debt that counts against the statutory debt limitation; the amount available is $87,302,366. Another limitation on bonding under the Capital Improvement Plan Statute (475.521) is that without referendum, the total amount that can be used for principal and interest in any one year for CIP debt cannot exceed 0.16% of the TMV for the municipality. In the City, that amount is $5,187,859. With the issuance of the proposed 2016 capital improvement program bonds, interest payments would commence in 2018 at an estimated $31,748. Principal and interest payments on the proposed 2016 issuance are estimated to average $102,984 each year from 2018 through 2032. Under the Capital Improvement Bonding Plan, the City will secure up to $1,400,000 (inclusive of issuance costs) for the Public Works facility, City Hall, Fire Stations described herein. The 2016 general obligation capital improvement bond issue for the projects is proposed to be repaid over a fifteen-year period. J3, Attachment 4 Packet Page Number 117 of 199 Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. J3, Attachment 4 Packet Page Number 118 of 199 City of Maplewood, Minnesota Recommendations for Issuance of Bonds $3,765,000 General Obligation Bonds, Series 2016A $6,190,000 General Obligation Refunding Bonds, Series 2016B The Council has under consideration the issuance of two series of bonds: the Series 2016A Bonds will finance (i) various street improvement projects; (ii) various improvements as detailed in the City’s 2016 – 2020 Capital Improvement Plan; and (iii) the purchase of capital equipment; the Series 2016B Bonds will refund the callable maturities of two outstanding bond issues of the City to provide interest cost savings. This document provides information relative to the proposed issuance. KEY EVENTS: The following summary schedule includes the timing of some of the key events that will occur relative to the bond issuance. June 27, 2016 Council sets sale date and terms Week of July 25, 2016 Rating conference is conducted August 8, 2016, 10:00 a.m. Competitive proposals are received August 8, 2016, 7:00 p.m. Council considers award of the Bonds September 8, 2016 Proceeds are received RATING: An application will be made to S&P Global Ratings for a rating on the Bonds. The City’s general obligation debt is currently rated “AA+” by S&P. THE MARKET: Performance of the tax-exempt market is often measured by the Bond Buyer’s Index (“BBI”) which measures the yield of high grade municipal bonds in the 20 th year for general obligation bonds (the BBI 20 Bond Index) and the 30th year for revenue bonds (the BBI 25 Bond Index). The following chart illustrates these two indices over the past five years. Study No.: 1408.133.134 June 21, 2016 J3, Attachment 5 Packet Page Number 119 of 199 Page 2 POST ISSUANCE COMPLIANCE: The issuance of the Bonds will result in post-issuance compliance responsibilities. The responsibilities are in two primary areas: i) compliance with federal arbitrage requirements and ii) compliance with secondary disclosure requirements. Federal arbitrage requirements include a wide range of implications that have been taken into account as your issue has been structured. Post-issuance compliance responsibilities for your tax-exempt issue include both rebate and yield restriction provisions of the IRS Code. In general terms the arbitrage requirements control the earnings on unexpended bond proceeds, including investment earnings, moneys held for debt service payments (which are considered to be proceeds under the IRS regulations), and/or reserves. Under certain circumstances any “excess earnings” will need to be paid to the IRS to maintain the tax-exempt status of the Bonds. Any interest earnings on gross bond proceeds or debt service funds should not be spent until it has been determined based on actual facts that they are not “excess earnings” as defined by the IRS Code. The arbitrage rules provide for spend-down exceptions for proceeds that are spent within either a 6-month, 18-month or 24-month period in accordance with certain spending criteria. Proceeds that qualify for an exception will be exempt from rebate. These exceptions are based on actual expenditures and not based on reasonable expectations; and expenditures, including any investment proceeds, will have to meet the spending criteria to qualify for the exclusion. The City’s expectation are as follows:  2016A Bonds – 24-month spending exception  2016B Bonds - this transaction will not qualify for a spending exception since it is being conducted as an advanced refunding in which the proceeds will be placed into an escrow account until the call date of the Prior Bonds. However, investments in an escrow account are not permitted to exceed the yield on the Bonds; therefore, no excess arbitrage will be earned on escrowed proceeds Yield restriction provisions will apply to the debt service fund and any project proceeds unspent after three years and the funds should be monitored on an ongoing basis. Secondary disclosure requirements result from an SEC requirement that underwriters provide ongoing disclosure information to investors. To meet this requirement, any prospective underwriter will require the City to commit to providing the information needed to comply under a continuing disclosure agreement. Springsted and the City have entered into an Agreement for Municipal Advisor Services under which Springsted provides arbitrage and continuing disclosure services to the City, including the Bonds. SUPPLEMENTAL INFORMATION AND BOND RECORD: Supplementary information will be available to staff including detailed terms and conditions of sale, comprehensive structuring schedules and information to assist in meeting post - issuance compliance responsibilities. Upon completion of the financing, a bond record will be provided that contains pertinent documents and final debt service calculations for the transaction. J3, Attachment 5 Packet Page Number 120 of 199 Page 3 $3,765,000 General Obligation Bonds, Series 2016A Description of Issue PURPOSE: Proceeds of the Series 2016A Bonds will be used to finance the following:  three street improvement projects; Sterling Street (area 1), Sterling Street (area 2) and Beebe Road (the “Improvement Bond Portion”)  improvements to the City Hall, Public Works Building and Fire Stations as detailed in the City’ 2016 – 2020 Capital Improvement Plan (the “CIP Bond Portion”)  the purchase of an ambulance and playground equipment (the “Equipment Certificate Portion”) AUTHORITY: Statutory Authority: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475 and Sections 412.301 and 475.521. Statutory Requirements: Pursuant to Minnesota Statutes, Chapter 429, at least 20% of the City’s share of the projected cost of the project(s) must be paid from special assessments. The street improvement projects being financed with the Improvement Bond Portion meet this requirement. Pursuant to Minnesota Statues Section 475.521, the maximum calendar year debt service on all outstanding capital improvement plan bonds including the proposed issue cannot exceed an amount equal to 0.16% of the estimated market value of the property within the City for taxes payable in the year the bonds are issued or sold. The City has two outstanding bond issues under this statute; the 2013A Bonds and the 2014A Bonds. Based on the City’s 2015/2016 estimated market value of $3,507,754,800, the statutory maximum allowable for annual debt service is $5,612,408. The projected maximum debt service on the outstanding and projected CIP debt is $600,195, which is within the statutory limit. The aggregate CIP debt and statutory test is shown on page 13. Pursuant to Minnesota Statutes, Section 412.301, the City may issue certificates of indebtedness without exposure to a petition requirement calling for a referendum if the total amount of the issue does not exceed ¼ of 1% of the estimated market value of the taxable property in the City. Based on the City's 2015/2016 estimated market value of $3,507,754,800 this represents a maximum issue size of $8,769,387. The principal amount of the Equipment Certificate Portion is projected to be $510,000 and is therefore within that limitation and not subject to taxpayer petition for a referendum. SECURITY AND SOURCE OF PAYMENT: The Series 2016A Bonds are a general obligation of the City, secured by its full faith and credit and taxing power. The Series 2016A Bonds will be repaid with a combination of ad valorem tax levies and special assessments filed against benefited properties. Assessments in the principal amount of $1,117,715 will be filed in the fall of 2016 and collected over a term of 15 years with level payments of principal and interest. Interest on the unpaid balance will be charged at a rate of 2.0% over the true interest cost of the Improvement Bond Portion. For structuring purposes, we have assumed a rate of 4.110%. J3, Attachment 5 Packet Page Number 121 of 199 Page 4 The City will make their first levy for the Series 2016A Bonds in 2016 for collection in 2017. Each year’s collection of taxes and assessments will be used to make the interest payment due on August 1 of the collection year and the principal and interest payment due February 1 of the following year. STRUCTURING SUMMARY: The Series 2016A Bonds have been structured by statutory authority as defined above under “Purpose” section and as follows:  Improvement Bond Portion – debt service has been structured for a repayment term of 15 years around the projected assessment revenue to result in approximately level annual tax levy requirement.  CIP Bond Portion – debt service has been amortized over a term of 15 years to result in an approximately level annual tax levy requirement.  Equipment Certificate Portion - debt service has been amortized over a term of 5 years to result in an approximately level annual tax levy requirement. SCHEDULES ATTACHED: Schedules attached for the Series 2016A Bonds include sources and uses, net debt service schedule for the Bonds as a whole and by purpose, projected assessment income; and aggregated CIP debt. RISKS/SPECIAL CONSIDERATIONS: The outcome of this financing will rely on the market conditions at the time of the sale. Any projections included herein are estimates based on current market conditions. Levy projections for the Series 2016A Bonds are based on the estimated assessment income. If actual assessment collections are different than projected, the resulting levy requirement could differ significantly from what is projected in these schedules. SALE TERMS AND MARKETING: Variability of Issue Size: A specific provision in the sale terms permits modifications to the issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Series 2016A Bonds maturing on or after February 1, 2026 may be prepaid at a price of par plus accrued interest on or after February 1, 2025. Bank Qualification: The City does not expect to issue more than $10 million in tax-exempt obligations that count against the $10 million limit for 2016; therefore, the Series 2016A Bonds are designated as bank qualified. $6,190,000 General Obligation Refunding Bonds, Series 2016B Description of Issue PURPOSE: Proceeds of the Series 2016B Bonds will be used to advance crossover refund the following:  the February 1, 2018 through 2023 maturities of the City’s General Obligation Improvement Bonds, Series 2007A, dated July 1, 2007 (the “Series 2007A Bonds”). The principal amount of the refunded maturities is $2,490,000; and J3, Attachment 5 Packet Page Number 122 of 199 Page 5  the April 1, 2019 through 2024 maturities of the City’s General Obligation Bonds, Series 2008, dated July 1, 2008 (the “Series 2008A Bonds”). The principal amount of the refunded maturities is $3,545,000. Together the Series 2007A Bonds and the Series 2008A Bonds are referred to as the “Prior Bonds”. The refunding transaction is being undertaken to provide interest cost savings to the City. The table below shows the detailed information related to the Prior Bonds: PRIOR BONDS: The Series 2007A Bonds were originally issued pursuant to Minnesota Statutes, Chapters 429 and 475. Proceeds were used to finance six street reconstruction projects. The Series 2008A Bonds were originally issued pursuant to Minnesota Statutes, Chapters 162, 429 and 475. Proceeds were used to finance (i) five state-aid street improvement projects within the City (“MSA Portion of the Series 2008A Bonds”) and seven street reconstruction projects included in the City’s Capital Improvement Plan (the “Improvement Portion of the 2008A Bonds”). AUTHORITY: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 162, 429 and 475. For advance refunding issues, a statutory test exists which establishes a minimum present value interest cost savings of 3% of the present value of refunded debt service. Based on current interest market, the present estimate of the refunding savings is 6.434% for the Series 2007A Bonds and 5.976% and 6.095% for the MSA Portion and Improvement Portions of the Series 2008A Bonds respectively. SECURITY AND SOURCE OF PAYMENT: The Series 2016B Bonds are a general obligation of the City, secured by its full faith and credit and taxing power. The Series 2016B Bonds will be repaid with a combination of ad valorem tax levies, special assessments filed against benefited properties and MSA allotments received annually from the Minnesota Department of Transportation. The City will continue to pay the originally scheduled debt service payments on the Prior Bonds through and including the respective call dates of the Prior Bonds. The issuance of the Series 2016B Bonds is being conducted as a “crossover” advance refunding in which the proceeds are placed in an escrow account with a major bank and invested in government securities. These investments and their earnings are structured to pay the scheduled interest payments on the Series 2016B Bonds up to and including the respective call dates on the Prior Bonds (August 1, 2017 and April 1, 2018), at which time the escrow account will prepay the remaining principal due on the Prior Bonds. The City will use MSA allotments to pay the debt service applicable to the MSA Portion of the Series 2016B Bonds and general ad valorem property taxes and special assessments to pay the debt service applicable to the Series 2007A Bonds and the Improvement Portion of the 2008A Bonds. Refunded Issue Refunded Maturities Refunded Principal Call Date Series 2007A Feb 1, 2018 - 2023 $2,490,000 August 1, 2017 Series 2008A April 1, 2019 - 2024 $3,545,000 April 1, 2018 J3, Attachment 5 Packet Page Number 123 of 199 Page 6 The City will be providing Springsted their current estimate of assessments pledged to the Series 2007A Bonds and the Improvement Portion of the Series 2008A Bonds prior to the sale of the Series 2016B Bonds. Additionally, the City will be required to levy general ad valorem property taxes to pay a portion of the debt service on the Series 2016B Bonds. The City will make their first levy for the Series 2016B Bonds in 2016 for collection in 2017. Each year’s collection of taxes and assessments will be used to pay the interest payment due October 1 in the collection year and the principal and interest payment due April 1 of the following year. STRUCTURING SUMMARY: In consultation with City staff, the Series 2016B Bonds have been structured to provide uniform interest cost savings with the same term as the Prior Bonds. Based on current interest rate estimates, this refunding transaction is projected to result in the City realizing aggregate future value savings of approximately $418,976, with a net present value benefit to the City of approximately $400,760. These estimates are net of all costs associated with the refunding. The City will realize cash flow savings on the beginning with the August 1, 2016 interest payment. Pursuant to this refunding transaction, the debt service payments on the Series 2007A Bonds have been changed to April 1 principal payments to match the original payment cycle of the Series 2008A Bonds and the City’s receipt of their MSA allotments. SCHEDULES ATTACHED: Schedules attached for the Series 2016B Bonds include a refunding summary, debt service schedules for the Series 2016B Bonds as a whole and by purpose; debt service comparison schedules showing the projected savings; and an aggregate MSA debt service schedule. RISKS/SPECIAL CONSIDERATIONS: The outcome of this financing will rely on the market conditions at the time of the sale. Any projections included herein are estimates based on current market conditions. SALE TERMS AND MARKETING: Variability of Issue Size: A specific provision in the sale terms permits modifications to the issue size and/or maturity structure to customize the issue once the price and interest rates are set on the day of sale. Prepayment Provisions: Based on the short duration of the Series 2016B Bonds, and to avoid possible negative pricing impacts, the bonds will not be subject to redemption prior to their stated maturities. Bank Qualification: The City does not expect to issue more than $10 million in tax-exempt obligations that count against the $10 million limit for 2016; therefore, the Series 2016B Bonds are designated as bank qualified. FEDERAL CONSIDERATIONS AND/OR REQUIREMENTS: Tax-exempt advance refunding transactions have more restrictive federal arbitrage limitations than current refunding issues as they pertain to the escrow account. Therefore a verification agent will be retained by the City to insure the adequacy of the escrow and to confirm that the escrow is in compliance with federal yield restrictions. J3, Attachment 5 Packet Page Number 124 of 199 Page 7 $3,765,000 City of Maplewood, Minnesota General Obligation Bonds, Series 2016A Issue Summary Total Issue Sources And Uses Dated 09/08/2016 | Delivered 09/08/2016 Improvement Bond Portion CIP Bond Portion Equipment Certs Portion Issue Summary Sources Of Funds Par Amount of Bonds.....................................................................................................................................................................................$1,935,000.00 $1,320,000.00 $510,000.00 $3,765,000.00 Total Sources...........................................................................................................................................................................................$1,935,000.00 $1,320,000.00 $510,000.00 $3,765,000.00 Uses Of Funds Deposit to Project Construction Fund....................................................................................................................................................................- 1,285,000.00 500,000.00 1,785,000.00 Beebe Road..............................................................................................................................................................................................930,827.00 -- 930,827.00 Sterling Street (Area 1)................................................................................................................................................................................502,295.00 -- 502,295.00 Sterling Street (Area 2)................................................................................................................................................................................452,152.00 -- 452,152.00 Costs of Issuance.......................................................................................................................................................................................28,729.48 19,598.41 7,572.11 55,900.00 Total Underwriter's Discount (1.000%)..................................................................................................................................................................19,350.00 13,200.00 5,100.00 37,650.00 Rounding Amount.........................................................................................................................................................................................1,646.52 2,201.59 (2,672.11)1,176.00 Total Uses..............................................................................................................................................................................................$1,935,000.00 $1,320,000.00 $510,000.00 $3,765,000.00 2016A GO Bonds 6.8 | Issue Summary | 6/ 8/2016 | 10:44 AM J3, Attachment 5 Packet Page Number 125 of 199 Page 8 $3,765,000 City of Maplewood, Minnesota General Obligation Bonds, Series 2016A Issue Summary NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% of Total Assessment Levy Required 02/01/2017 ------- 02/01/2018 275,000.00 0.950% 86,481.07 361,481.07 379,555.12 102,303.61 277,251.51 02/01/2019 300,000.00 1.050% 59,282.50 359,282.50 377,246.63 102,303.48 274,943.15 02/01/2020 300,000.00 1.150% 56,132.50 356,132.50 373,939.13 102,303.04 271,636.09 02/01/2021 310,000.00 1.250% 52,682.50 362,682.50 380,816.63 102,303.30 278,513.33 02/01/2022 310,000.00 1.350% 48,807.50 358,807.50 376,747.88 102,303.18 274,444.70 02/01/2023 210,000.00 1.450% 44,622.50 254,622.50 267,353.63 102,303.48 165,050.15 02/01/2024 210,000.00 1.600% 41,577.50 251,577.50 264,156.38 102,302.82 161,853.56 02/01/2025 220,000.00 1.700% 38,217.50 258,217.50 271,128.38 102,302.66 168,825.72 02/01/2026 220,000.00 1.800% 34,477.50 254,477.50 267,201.38 102,303.26 164,898.12 02/01/2027 225,000.00 1.900% 30,517.50 255,517.50 268,293.38 102,302.60 165,990.78 02/01/2028 225,000.00 2.000% 26,242.50 251,242.50 263,804.63 102,302.64 161,501.99 02/01/2029 235,000.00 2.100% 21,742.50 256,742.50 269,579.63 102,302.94 167,276.69 02/01/2030 235,000.00 2.200% 16,807.50 251,807.50 264,397.88 102,302.96 162,094.92 02/01/2031 245,000.00 2.350% 11,637.50 256,637.50 269,469.38 102,302.88 167,166.50 02/01/2032 245,000.00 2.400% 5,880.00 250,880.00 263,424.00 102,302.66 161,121.34 Total $3,765,000.00 - $575,108.57 $4,340,108.57 $4,557,114.00 $1,534,545.51 $3,022,568.49 Dated...................................................................................................................................................................................................9/08/2016 Delivery Date...........................................................................................................................................................................................9/08/2016 First Coupon Date.......................................................................................................................................................................................8/01/2017 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$30,235.54 Average Life............................................................................................................................................................................................8.031 Years Average Coupon..........................................................................................................................................................................................1.9020945% Net Interest Cost (NIC).................................................................................................................................................................................2.0266168% True Interest Cost (TIC)................................................................................................................................................................................2.0242420% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.8866705% All Inclusive Cost (AIC)................................................................................................................................................................................2.2321755% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.9020945% Weighted Average Maturity...............................................................................................................................................................................8.031 Years 2016A GO Bonds 6.8 | Issue Summary | 6/ 8/2016 | 10:44 AM J3, Attachment 5 Packet Page Number 126 of 199 Page 9 $1,935,000 City of Maplewood, Minnesota General Obligation Bonds, Series 2016A Improvement Bond Portion NET DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% of Total Assessment Levy Required 02/01/2017 ------- 02/01/2018 105,000.00 0.950% 46,517.02 151,517.02 159,092.87 102,303.61 56,789.26 02/01/2019 120,000.00 1.050% 32,295.00 152,295.00 159,909.75 102,303.48 57,606.27 02/01/2020 120,000.00 1.150% 31,035.00 151,035.00 158,586.75 102,303.04 56,283.71 02/01/2021 120,000.00 1.250% 29,655.00 149,655.00 157,137.75 102,303.30 54,834.45 02/01/2022 120,000.00 1.350% 28,155.00 148,155.00 155,562.75 102,303.18 53,259.57 02/01/2023 125,000.00 1.450% 26,535.00 151,535.00 159,111.75 102,303.48 56,808.27 02/01/2024 125,000.00 1.600% 24,722.50 149,722.50 157,208.63 102,302.82 54,905.81 02/01/2025 130,000.00 1.700% 22,722.50 152,722.50 160,358.63 102,302.66 58,055.97 02/01/2026 130,000.00 1.800% 20,512.50 150,512.50 158,038.13 102,303.26 55,734.86 02/01/2027 135,000.00 1.900% 18,172.50 153,172.50 160,831.13 102,302.60 58,528.53 02/01/2028 135,000.00 2.000% 15,607.50 150,607.50 158,137.88 102,302.64 55,835.24 02/01/2029 140,000.00 2.100% 12,907.50 152,907.50 160,552.88 102,302.94 58,249.94 02/01/2030 140,000.00 2.200% 9,967.50 149,967.50 157,465.88 102,302.96 55,162.92 02/01/2031 145,000.00 2.350% 6,887.50 151,887.50 159,481.88 102,302.88 57,179.00 02/01/2032 145,000.00 2.400% 3,480.00 148,480.00 155,904.00 102,302.66 53,601.34 Total $1,935,000.00 - $329,172.02 $2,264,172.02 $2,377,380.62 $1,534,545.51 $842,835.11 Dated...................................................................................................................................................................................................9/08/2016 Delivery Date...........................................................................................................................................................................................9/08/2016 First Coupon Date.......................................................................................................................................................................................8/01/2017 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$16,928.63 Average Life............................................................................................................................................................................................8.749 Years Average Coupon..........................................................................................................................................................................................1.9444699% Net Interest Cost (NIC).................................................................................................................................................................................2.0587733% True Interest Cost (TIC)................................................................................................................................................................................2.0577776% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.8866705% All Inclusive Cost (AIC)................................................................................................................................................................................2.2497918% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.9444699% Weighted Average Maturity...............................................................................................................................................................................8.749 Years 2016A GO Bonds 6.8 | Improvement Bonds | 6/ 8/2016 | 10:44 AM J3, Attachment 5 Packet Page Number 127 of 199 Page 10 $1,320,000 City of Maplewood, Minnesota General Obligation Bonds, Series 2016A CIP Bond Portion DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02/01/2017 ----- 02/01/2018 70,000.00 0.950%31,748.38 101,748.38 106,835.80 02/01/2019 80,000.00 1.050%22,057.50 102,057.50 107,160.38 02/01/2020 80,000.00 1.150%21,217.50 101,217.50 106,278.38 02/01/2021 85,000.00 1.250%20,297.50 105,297.50 110,562.38 02/01/2022 85,000.00 1.350%19,235.00 104,235.00 109,446.75 02/01/2023 85,000.00 1.450%18,087.50 103,087.50 108,241.88 02/01/2024 85,000.00 1.600%16,855.00 101,855.00 106,947.75 02/01/2025 90,000.00 1.700%15,495.00 105,495.00 110,769.75 02/01/2026 90,000.00 1.800%13,965.00 103,965.00 109,163.25 02/01/2027 90,000.00 1.900%12,345.00 102,345.00 107,462.25 02/01/2028 90,000.00 2.000%10,635.00 100,635.00 105,666.75 02/01/2029 95,000.00 2.100%8,835.00 103,835.00 109,026.75 02/01/2030 95,000.00 2.200%6,840.00 101,840.00 106,932.00 02/01/2031 100,000.00 2.350%4,750.00 104,750.00 109,987.50 02/01/2032 100,000.00 2.400%2,400.00 102,400.00 107,520.00 Total $1,320,000.00 - $224,763.38 $1,544,763.38 $1,622,001.55 SIGNIFICANT DATES Dated...................................................................................................................................................................................................9/08/2016 Delivery Date...........................................................................................................................................................................................9/08/2016 First Coupon Date.......................................................................................................................................................................................8/01/2017 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$11,559.33 Average Life............................................................................................................................................................................................8.757 Years Average Coupon..........................................................................................................................................................................................1.9444320% Net Interest Cost (NIC).................................................................................................................................................................................2.0586255% True Interest Cost (TIC)................................................................................................................................................................................2.0575654% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.8866705% All Inclusive Cost (AIC)................................................................................................................................................................................2.2493836% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.9444320% Weighted Average Maturity...............................................................................................................................................................................8.757 Years 2016A GO Bonds 6.8 | CIP Bonds - 15YR | 6/ 8/2016 | 10:44 AM J3, Attachment 5 Packet Page Number 128 of 199 Page 11 $510,000 City of Maplewood, Minnesota General Obligation Bonds, Series 2016A Equipment Certificate Portion DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I 105% Levy 02/01/2017 ----- 02/01/2018 100,000.00 0.950%8,215.67 108,215.67 113,626.45 02/01/2019 100,000.00 1.050%4,930.00 104,930.00 110,176.50 02/01/2020 100,000.00 1.150%3,880.00 103,880.00 109,074.00 02/01/2021 105,000.00 1.250%2,730.00 107,730.00 113,116.50 02/01/2022 105,000.00 1.350%1,417.50 106,417.50 111,738.38 Total $510,000.00 -$21,173.17 $531,173.17 $557,731.83 SIGNIFICANT DATES Dated...................................................................................................................................................................................................9/08/2016 Delivery Date...........................................................................................................................................................................................9/08/2016 First Coupon Date.......................................................................................................................................................................................8/01/2017 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$1,747.58 Average Life............................................................................................................................................................................................3.427 Years Average Coupon..........................................................................................................................................................................................1.2115685% Net Interest Cost (NIC).................................................................................................................................................................................1.5034001% True Interest Cost (TIC)................................................................................................................................................................................1.5112710% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.8866705% All Inclusive Cost (AIC)................................................................................................................................................................................1.9663549% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.2115685% Weighted Average Maturity...............................................................................................................................................................................3.427 Years 2016A GO Bonds 6.8 | Equipment Certificates | 6/ 8/2016 | 10:44 AM J3, Attachment 5 Packet Page Number 129 of 199 Page 12 $1,117,715 City of Maplewood, Minnesota General Obligation Bonds, Series 2016A Improvement Bond Portion - Assessment Income ASSESSMENT INCOME Date Principal Coupon Interest Total P+I 12/31/2016 ---- 12/31/2017 44,881.00 4.110%57,422.61 102,303.61 12/31/2018 58,210.00 4.110%44,093.48 102,303.48 12/31/2019 60,602.00 4.110%41,701.04 102,303.04 12/31/2020 63,093.00 4.110%39,210.30 102,303.30 12/31/2021 65,686.00 4.110%36,617.18 102,303.18 12/31/2022 68,386.00 4.110%33,917.48 102,303.48 12/31/2023 71,196.00 4.110%31,106.82 102,302.82 12/31/2024 74,122.00 4.110%28,180.66 102,302.66 12/31/2025 77,169.00 4.110%25,134.26 102,303.26 12/31/2026 80,340.00 4.110%21,962.60 102,302.60 12/31/2027 83,642.00 4.110%18,660.64 102,302.64 12/31/2028 87,080.00 4.110%15,222.94 102,302.94 12/31/2029 90,659.00 4.110%11,643.96 102,302.96 12/31/2030 94,385.00 4.110%7,917.88 102,302.88 12/31/2031 98,264.00 4.110%4,038.66 102,302.66 Total $1,117,715.00 -$416,830.51 $1,534,545.51 SIGNIFICANT DATES Filing Date.............................................................................................................................................................................................10/01/2016 First Payment Date......................................................................................................................................................................................12/31/2017 2016A GO Bonds - Assessme | SINGLE PURPOSE | 6/ 8/2016 | 10:46 AM J3, Attachment 5 Packet Page Number 130 of 199 Page 13 City of Maplewood, Minnesota General Obligation Capital Improvement Plan Debt Total Outstanding and Projected Debt Service Aggregate Debt Service -- Accrual Basis Calendar Year 2013A Bonds CIP Portion 2013A Bonds Ref 04E CIP 2014A Bonds 2016A GO Bonds - CIP Portion TOTAL 2016 254,400.00 53,325.00 148,762.50 -456,487.50 2017 251,000.00 52,425.00 192,112.50 20,387.13 515,924.63 2018 252,550.00 51,525.00 194,962.50 92,390.00 591,427.50 2019 254,000.00 50,625.00 192,762.50 101,637.50 599,025.00 2020 255,350.00 49,725.00 194,362.50 100,757.50 600,195.00 2021 251,650.00 48,825.00 194,662.50 104,766.25 599,903.75 2022 252,662.50 47,868.75 194,762.50 103,661.25 598,955.00 2023 253,087.50 46,800.00 189,762.50 102,471.25 592,121.25 2024 252,900.00 45,618.75 194,562.50 101,175.00 594,256.25 2025 252,331.25 -194,762.50 104,730.00 551,823.75 2026 251,362.50 -190,562.50 103,155.00 545,080.00 2027 249,987.50 -191,287.50 101,490.00 542,765.00 2028 253,106.25 -191,862.50 99,735.00 544,703.75 2029 250,712.50 -192,287.50 102,837.50 545,837.50 2030 252,775.00 -192,462.50 100,795.00 546,032.50 2031 249,287.50 -192,281.25 103,575.00 545,143.75 2032 --191,837.50 101,200.00 293,037.50 2033 --191,012.50 -191,012.50 2034 --189,800.00 -189,800.00 2035 --193,325.00 -193,325.00 - $4,037,162.50 $446,737.50 $3,808,193.75 $1,544,763.38 $9,836,857.13 MN Statute, Section 475.521 Requirement 2015/16 Estimated Market Value $3,507,754,800 Statutory Limit .16%0.1600% Statutory max debt service $5,612,408 Projected Existing + Projected CIP DS $600,195 Remaining CIP Capacity $5,012,213 Aggregate | 6/20/2016 | 1:25 PM J3, Attachment 5 Packet Page Number 131 of 199 Page 14 $6,190,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2007A, 2008A Refunding Summary Dated 09/08/2016 | Delivered 09/08/2016 Series 2016 Ref 2007A Series 2016 Ref 2008A MSAS Series 2016 Ref 2008A Improvement Issue Summary Sources Of Funds Par Amount of Bonds.....................................................................................................................................................................................$2,540,000.00 $1,655,000.00 $1,995,000.00 $6,190,000.00 Total Sources...........................................................................................................................................................................................$2,540,000.00 $1,655,000.00 $1,995,000.00 $6,190,000.00 Uses Of Funds Deposit to Crossover Escrow Fund........................................................................................................................................................................2,496,928.58 1,623,192.05 1,962,061.67 6,082,182.30 Costs of Issuance.......................................................................................................................................................................................25,030.69 16,309.37 19,659.94 61,000.00 Total Underwriter's Discount (0.700%)..................................................................................................................................................................17,780.00 11,585.00 13,965.00 43,330.00 Rounding Amount.........................................................................................................................................................................................260.73 3,913.58 (686.61) 3,487.70 Total Uses..............................................................................................................................................................................................$2,540,000.00 $1,655,000.00 $1,995,000.00 $6,190,000.00 Flow of Funds Detail State and Local Government Series (SLGS) rates for......................................................................................................................................................6/17/2016 6/17/2016 6/17/2016 6/17/2016 Date of OMP Candidates.................................................................................................................................................................................. Primary Purpose Fund Solution Method....................................................................................................................................................................Net Funded Net Funded Net Funded Net Funded Total Cost of Investments...............................................................................................................................................................................$2,496,928.58 $1,623,192.05 $1,962,061.67 $6,082,182.30 Interest Earnings @ 0.566%..............................................................................................................................................................................10,253.11 15,400.28 18,615.08 44,268.47 Total Draws.............................................................................................................................................................................................$2,507,181.69 $1,638,592.33 $1,980,676.75 $6,126,450.77 PV Analysis Summary (Net to Net) Net PV Cashflow Savings @ 1.328%(Bond Yield)...........................................................................................................................................................172,395.49 101,139.69 130,519.33 397,271.52 Contingency or Rounding Amount..........................................................................................................................................................................263.85 3,995.46 (700.97) 3,487.70 Net Present Value Benefit...............................................................................................................................................................................$172,659.34 $105,135.15 $129,818.36 $400,759.22 Net PV Benefit / $6,035,000 Refunded Principal.........................................................................................................................................................6.934% 6.550% 6.692% 6.641% Bond Statistics Average Life............................................................................................................................................................................................4.060 Years 4.966 Years 5.023 Years 4.612 Years Average Coupon..........................................................................................................................................................................................1.2719953% 1.3606610% 1.3653924% 1.3302959% Net Interest Cost (NIC).................................................................................................................................................................................1.4444111% 1.5016279% 1.5047642% 1.4820622% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.3283511% 1.3283511% 1.3283511% 1.3283511% True Interest Cost (TIC)................................................................................................................................................................................1.4492514% 1.5059086% 1.5090744% 1.4864834% All Inclusive Cost (AIC)................................................................................................................................................................................1.7038730% 1.7153979% 1.7162818% 1.7115293% 2016B Ref 2007A, 2008A | Issue Summary | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 132 of 199 Page 15 $6,190,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2007A, 2008A Debt Service Schedule Date Principal Coupon Interest Total P+I 04/01/2017 --43,960.77 43,960.77 04/01/2018 425,000.00 0.950%77,960.00 502,960.00 04/01/2019 1,075,000.00 1.050%73,922.50 1,148,922.50 04/01/2020 1,050,000.00 1.150%62,635.00 1,112,635.00 04/01/2021 1,020,000.00 1.250%50,560.00 1,070,560.00 04/01/2022 1,035,000.00 1.350%37,810.00 1,072,810.00 04/01/2023 1,015,000.00 1.450%23,837.50 1,038,837.50 04/01/2024 570,000.00 1.600%9,120.00 579,120.00 Total $6,190,000.00 -$379,805.77 $6,569,805.77 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$28,550.47 Average Life............................................................................................................................................................................................4.612 Years Average Coupon..........................................................................................................................................................................................1.3302959% Net Interest Cost (NIC).................................................................................................................................................................................1.4820622% True Interest Cost (TIC)................................................................................................................................................................................1.4864834% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.3283511% All Inclusive Cost (AIC)................................................................................................................................................................................1.7115293% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.3302959% Weighted Average Maturity...............................................................................................................................................................................4.612 Years 2016B Ref 2007A, 2008A | Issue Summary | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 133 of 199 Page 16 $2,540,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2007A Debt Service Schedule Date Principal Coupon Interest Total P+I 04/01/2017 --17,181.69 17,181.69 04/01/2018 425,000.00 0.950%30,470.00 455,470.00 04/01/2019 435,000.00 1.050%26,432.50 461,432.50 04/01/2020 415,000.00 1.150%21,865.00 436,865.00 04/01/2021 410,000.00 1.250%17,092.50 427,092.50 04/01/2022 430,000.00 1.350%11,967.50 441,967.50 04/01/2023 425,000.00 1.450%6,162.50 431,162.50 Total $2,540,000.00 -$131,171.69 $2,671,171.69 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$10,312.28 Average Life............................................................................................................................................................................................4.060 Years Average Coupon..........................................................................................................................................................................................1.2719953% Net Interest Cost (NIC).................................................................................................................................................................................1.4444111% True Interest Cost (TIC)................................................................................................................................................................................1.4492514% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.3283511% All Inclusive Cost (AIC)................................................................................................................................................................................1.7038730% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.2719953% Weighted Average Maturity...............................................................................................................................................................................4.060 Years 2016B Ref 2007A, 2008A | Series 2016 Ref 2007A | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 134 of 199 Page 17 $1,655,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2008A - MSA Portion Debt Service Schedule Date Principal Coupon Interest Total P+I 04/01/2017 --12,112.33 12,112.33 04/01/2018 --21,480.00 21,480.00 04/01/2019 300,000.00 1.050%21,480.00 321,480.00 04/01/2020 290,000.00 1.150%18,330.00 308,330.00 04/01/2021 280,000.00 1.250%14,995.00 294,995.00 04/01/2022 270,000.00 1.350%11,495.00 281,495.00 04/01/2023 260,000.00 1.450%7,850.00 267,850.00 04/01/2024 255,000.00 1.600%4,080.00 259,080.00 Total $1,655,000.00 -$111,822.33 $1,766,822.33 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$8,218.24 Average Life............................................................................................................................................................................................4.966 Years Average Coupon..........................................................................................................................................................................................1.3606610% Net Interest Cost (NIC).................................................................................................................................................................................1.5016279% True Interest Cost (TIC)................................................................................................................................................................................1.5059086% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.3283511% All Inclusive Cost (AIC)................................................................................................................................................................................1.7153979% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.3606610% Weighted Average Maturity...............................................................................................................................................................................4.966 Years 2016B Ref 2007A, 2008A | Series 2016 Ref 2008A MSA | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 135 of 199 Page 18 $1,995,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2008A Improvement Portion Debt Service Schedule Date Principal Coupon Interest Total P+I 04/01/2017 --14,666.75 14,666.75 04/01/2018 --26,010.00 26,010.00 04/01/2019 340,000.00 1.050%26,010.00 366,010.00 04/01/2020 345,000.00 1.150%22,440.00 367,440.00 04/01/2021 330,000.00 1.250%18,472.50 348,472.50 04/01/2022 335,000.00 1.350%14,347.50 349,347.50 04/01/2023 330,000.00 1.450%9,825.00 339,825.00 04/01/2024 315,000.00 1.600%5,040.00 320,040.00 Total $1,995,000.00 -$136,811.75 $2,131,811.75 Yield Statistics Bond Year Dollars.......................................................................................................................................................................................$10,019.96 Average Life............................................................................................................................................................................................5.023 Years Average Coupon..........................................................................................................................................................................................1.3653924% Net Interest Cost (NIC).................................................................................................................................................................................1.5047642% True Interest Cost (TIC)................................................................................................................................................................................1.5090744% Bond Yield for Arbitrage Purposes.......................................................................................................................................................................1.3283511% All Inclusive Cost (AIC)................................................................................................................................................................................1.7162818% IRS Form 8038 Net Interest Cost.......................................................................................................................................................................................1.3653924% Weighted Average Maturity...............................................................................................................................................................................5.023 Years 2016B Ref 2007A, 2008A | Series 2016 Ref 2008A Imp | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 136 of 199 Page 19 $2,540,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2007A Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 04/01/2017 17,181.69 (17,181.69) 468,118.75 468,118.75 468,118.75 - 04/01/2018 455,470.00 (2,490,000.00) 2,544,512.50 509,982.50 514,025.00 4,042.50 04/01/2019 461,432.50 -- 461,432.50 496,812.50 35,380.00 04/01/2020 436,865.00 -- 436,865.00 469,600.00 32,735.00 04/01/2021 427,092.50 -- 427,092.50 462,318.76 35,226.26 04/01/2022 441,967.50 -- 441,967.50 474,600.00 32,632.50 04/01/2023 431,162.50 -- 431,162.50 465,025.00 33,862.50 Total $2,671,171.69 (2,507,181.69) $3,012,631.25 $3,176,621.25 $3,350,500.01 $173,878.76 PV Analysis Summary (Net to Net) Net FV Cashflow Savings.................................................................................................................................................................................173,878.76 Gross PV Debt Service Savings...........................................................................................................................................................................172,395.49 Net PV Cashflow Savings @ 1.328%(Bond Yield)...........................................................................................................................................................172,395.49 Contingency or Rounding Amount..........................................................................................................................................................................263.85 Net Future Value Benefit................................................................................................................................................................................$174,142.61 Net Present Value Benefit...............................................................................................................................................................................$172,659.34 Net PV Benefit / $324,016.89 PV Refunded Interest.......................................................................................................................................................53.287% Net PV Benefit / $2,719,642.06 PV Refunded Debt Service.................................................................................................................................................6.349% Net PV Benefit / $2,490,000 Refunded Principal.........................................................................................................................................................6.934% Refunding Bond Information Refunding Dated Date....................................................................................................................................................................................9/08/2016 Refunding Delivery Date.................................................................................................................................................................................9/08/2016 2016B Ref 2007A, 2008A | Series 2016 Ref 2007A | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 137 of 199 Page 20 $1,655,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2008A - MSA Portion Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 04/01/2017 12,112.33 (12,112.33) 356,437.50 356,437.50 356,437.50 - 04/01/2018 21,480.00 (1,626,480.00) 1,951,312.50 346,312.50 346,312.50 - 04/01/2019 321,480.00 -- 321,480.00 336,187.50 14,707.50 04/01/2020 308,330.00 -- 308,330.00 325,387.50 17,057.50 04/01/2021 294,995.00 -- 294,995.00 314,587.50 19,592.50 04/01/2022 281,495.00 -- 281,495.00 298,787.50 17,292.50 04/01/2023 267,850.00 -- 267,850.00 287,525.00 19,675.00 04/01/2024 259,080.00 -- 259,080.00 276,262.50 17,182.50 Total $1,766,822.33 (1,638,592.33) $2,307,750.00 $2,435,980.00 $2,541,487.50 $105,507.50 PV Analysis Summary (Net to Net) Net FV Cashflow Savings.................................................................................................................................................................................105,507.50 Gross PV Debt Service Savings...........................................................................................................................................................................101,139.69 Net PV Cashflow Savings @ 1.328%(Bond Yield)...........................................................................................................................................................101,139.69 Contingency or Rounding Amount..........................................................................................................................................................................3,995.46 Net Future Value Benefit................................................................................................................................................................................$109,502.96 Net Present Value Benefit...............................................................................................................................................................................$105,135.15 Net PV Benefit / $221,747.81 PV Refunded Interest.......................................................................................................................................................47.412% Net PV Benefit / $1,759,386.64 PV Refunded Debt Service.................................................................................................................................................5.976% Net PV Benefit / $1,605,000 Refunded Principal.........................................................................................................................................................6.550% Refunding Bond Information Refunding Dated Date....................................................................................................................................................................................9/08/2016 Refunding Delivery Date.................................................................................................................................................................................9/08/2016 2016B Ref 2007A, 2008A | Series 2016 Ref 2008A MSA | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 138 of 199 Page 21 $1,995,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2016B Crossover Refunding of Series 2008A - Improvement Portion Debt Service Comparison Date Total P+I Escrow Existing D/S Net New D/S Old Net D/S Savings 04/01/2017 14,666.75 (14,666.75) 553,400.00 553,400.00 553,400.00 - 04/01/2018 26,010.00 (1,966,010.00) 2,341,712.50 401,712.50 401,712.50 - 04/01/2019 366,010.00 -- 366,010.00 390,087.50 24,077.50 04/01/2020 367,440.00 -- 367,440.00 387,687.50 20,247.50 04/01/2021 348,472.50 -- 348,472.50 369,887.50 21,415.00 04/01/2022 349,347.50 -- 349,347.50 372,287.50 22,940.00 04/01/2023 339,825.00 -- 339,825.00 363,262.50 23,437.50 04/01/2024 320,040.00 -- 320,040.00 344,025.00 23,985.00 Total $2,131,811.75 (1,980,676.75) $2,895,112.50 $3,046,247.50 $3,182,350.00 $136,102.50 PV Analysis Summary (Net to Net) Net FV Cashflow Savings.................................................................................................................................................................................136,102.50 Gross PV Debt Service Savings...........................................................................................................................................................................130,519.33 Net PV Cashflow Savings @ 1.328%(Bond Yield)...........................................................................................................................................................130,519.33 Contingency or Rounding Amount..........................................................................................................................................................................(700.97) Net Future Value Benefit................................................................................................................................................................................$135,401.53 Net Present Value Benefit...............................................................................................................................................................................$129,818.36 Net PV Benefit / $272,436.41 PV Refunded Interest.......................................................................................................................................................47.651% Net PV Benefit / $2,129,750.48 PV Refunded Debt Service.................................................................................................................................................6.095% Net PV Benefit / $1,940,000 Refunded Principal.........................................................................................................................................................6.692% Refunding Bond Information Refunding Dated Date....................................................................................................................................................................................9/08/2016 Refunding Delivery Date.................................................................................................................................................................................9/08/2016 2016B Ref 2007A, 2008A | Series 2016 Ref 2008A Imp | 6/20/2016 | 10:11 AM J3, Attachment 5 Packet Page Number 139 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager DATE: June 27, 2016 SUBJECT: Goodrich Park Playground Improvements Introduction As part of the Parks System Master Plan implementation, staff is proposing to replace the playground at Goodrich Park. This improvement will be funded by the issuance of an Equipment Certification Bond for the amount of $250,000. The playground will have universally designed components. Staff is recommending using Flagship Recreation/Landscape Structures for this project and purchasing directly off the State Purchasing Contract. Background Upon the adoption of the Parks System Master Plan in early 2015, staff has been working with the Parks and Recreation Commission and the City Council on an implementation plan. This improvement is the first step towards that implementation of the plan. Two major outcomes were to “Take Care of What We Have” and to improve accessibility and ADA facilities. This project will address both of these. Staff is recommending utilizing Flagship Recreation/Landscape Structures through the State Purchasing Contract for the purchase and installation of this equipment. Flagship Recreation/Landscape Structures are industry leaders in inclusive play. We feel there mission very closely relates to the goals of this project and supports the outcomes of the Parks System Master plan. In addition to their expertise in the inclusion area, they are leaders in guiding public process. This is another area staff feels is very important. For this project we feel public meetings on the front end are very important to accomplish a playground the residents and stakeholders want to see. The public process we will follow for this project is: 1.Approval by Commission and City Council to move forward with the project 2.Meeting with staff and inclusion experts 3. Community meeting 4.Public Hearing at the Parks and Recreation Commission with the unveiling of the design Budget This project will have a $250,000 budget funded through an Equipment Certification Bond. J4 Packet Page Number 140 of 199 Recommendation Staff recommends the Council authorize the City Manager to enter into a contract with Flagship Recreation/Landscape Structures for the Goodrich Park Playgound improvements utilizing State Contract #444927 with a not to exceed budget of $250,000. Attachments None J4 Packet Page Number 141 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager DATE: June 27, 2016 SUBJECT: Gladstone Savanna Playground Addition Introduction Staff is recommending the addition of a new themed playground at the Gladstone Savanna. This playground will celebrate the history and ecological significant of the site. Discussion The Gladstone area continues to be one of the City’s top priorities. In 2015, the City began Phase 2 of the Gladstone redevelopment, included in this phase of the plan was a playground at the site. This project falls under the approved master plan for the site. The Gladstone Neighborhood Master Plan lists the following nine guiding principles: 1. Design the future of Gladstone as a “village.” 2. Transform regional trails into celebrated village corridors. 3. Make Gladstone a compelling “quality of life” choice. 4. Weave natural systems and ecological function into the built and recreational fabric. 5. Allow Gladstone’s future to whisper the story of its past. 6. Make “walkability” THE standard. 7. Think of Gladstone as a neighborhood for all stages of life. 8. Make the Gladstone Master Plan a model for others to follow. 9. Make multi-modal links between Gladstone and areas beyond. The Gladstone Savanna Master Plan integrates the site’s natural and historic resources and provides for recreation. Rather than having a lot of interpretive signage on the site, the master plan calls for a more subtle approach to interpretation of site history and natural resources. It relies on design elements and features that hint at the site’s history, while making more in-depth interpretation available via electronic media. This approach received full support from the commissions and City Council. This playground project will help tell that story. This project will have a full community process with the design team working with the community, commissions, and council on the front end to ensure everybody is heard. Once the concept is developed it will be presented at the Parks and Recreation Commission. Staff is again recommending utilizing the state contract to work with Flagship/Landscape Structures. We believe this company has the expertise to deliver a unique project to the site. This playground will not be our tradition deck and post system, but will be customized to interpret the rich history of the site. J5 Packet Page Number 142 of 199 Budget The funding for this project is $250,000 and budgeted in the Park Development Fund. In the approved 2016-2020 Capital Improvement Plan there is $295,000 allocated for work at the site in 2016. Recommendation Staff recommends approval of the Gladstone Savanna playground project and authorizes the Finance Director to set up a budget for this project with a not to exceed amount of $250,000. In addition, staff recommends the Council authorizes the City Manager to enter into a contract with Flagship Recreation/Landscape Structures for the completion of this project. Attachments None J5 Packet Page Number 143 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, Economic Development Coordinator DATE: Jun 21, 2016 SUBJECT: Consider Approval of a Resolution Authorizing the City of Maplewood to Serve as the Responsible Governmental Unit for the 3M B229 Parking Ramp Environmental Assessment Worksheet (EAW) Introduction Sherri Buss of TKDA, representing 3M Company, is requesting the Maplewood City Council authorize the City to act as the responsible governmental unit (RGU) for its environmental assessment worksheet (EAW) approval. The EAW is needed for 3M Company’s proposed rebuild of a parking ramp facility. The current structure is Building 229 on the 3M campus on 12th Street – location map is attached to this report. After the conclusion of the EAW review process, the city council would make the final determination as to whether the EAW would pose any environmental concerns or if there is a negative declaration. TKDA will facilitate the various steps involved in the processing of the EAW. Please refer to the attached memorandum. Budget Impact None Recommendation Adopt the resolution establishing Maplewood as the responsible governmental unit in the evaluation of the 3M Company environmental assessment worksheet to determine if there is any environmental impact with the proposed 3M parking ramp facility. Attachments 1. Location Map 2. Memorandum from TKDA dated June 20, 2016 3. Resolution Authorizing the City of Maplewood to Serve as the Responsible Governmental Unit for 3M’s EAW J6 Packet Page Number 144 of 199 3M Company - EAW Request Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and Overview Map 0 0.15 0.30.075 mi 0 0.2 0.40.1 km c.bergo | Maplewood | USDA FSA, DigitalGlobe, GeoEye, Microsoft |Maplewood J6, Attachment 1Packet Page Number 145 of 199 Memorandum To: Maplewood City Council Reference: EAW for 3M Parking Ramp -- Copies To: Michael Martin, Economic Development Coordinator Request for City of Maplewood to be the RGU for the EAW Mary Carlson-Lenzmeier, 3M Brian Fitzgerald, AIA, TKDA Project No.: 13317.087 From: Sherri Buss, RLA AICP, TKDA Routing: Date: June 20, 2016 Background 3M Company is planning to demolish its existing B229 Ramp and design and construct a new four-level parking ramp in the same location as the existing ramp. The new ramp will accommodate approximately 1,866 stalls. The project will also include a new surface parking lot. The project location on the 3M Campus is identified on the attached figure. The size of the new ramp requires preparation of a mandatory Environmental Assessment Worksheet (EAW). Minnesota rules that govern the environmental review process require that the City of Maplewood be the Responsible Governmental Unit (RGU) for the EAW. 3M is requesting that the City Council approve the attached resolution to serve as the RGU for the EAW process. EAW 3M is proposing that its consultant, TKDA, complete the Draft EAW data collection, analyses, and report. TKDA will work with City staff to obtain the required maps and data for the EAW, and to understand city ordinances and policies that affect the proposed project. The City staff will review and comment on the Draft EAW, and TKDA will present the revised draft to the City’s Planning Commission. The City Council will review and approve the Draft EAW for distribution and comments by agencies and the public. The City may hold a public informational meeting during the 30-day comment period, but Minnesota Rules do not require a public meeting or hearing. 3M and TKDA will prepare responses to all agencies and public comments received on the Draft EAW, and revise the document if needed to address the comments. The City will review the Final EAW, and determine whether it is sufficient to complete the environmental review for the project, or if significant impacts are identified in the EAW that would require an Environmental Impact Statement (EIS). The estimated schedule for the EAW process is as follows: June 27, 2016 City Council authorizes the City to act as the RGU for the EAW July 15, 2016 Draft EAW to City of Maplewood staff for review August 2, 2016 Draft EAW to City Planning Commission for comments August 22, 2016 City Council authorizes Draft EAW for distribution to Environmental Quality Board (EQB) distribution list J6, Attachment 2 Packet Page Number 146 of 199 3M Parking Ramp EAW Maplewood City Council Page 2 June 27, 2016 August 29, 2016 Submit Draft EAW notice to EQB Monitor September 5, 2016 30-day comment period begins October 4, 2016 30-day comment period ends October 11, 2016 TKDA provides draft responses to comments to 3M and City October 24, 2016 City Council approves Findings of Fact and Record of Decision for EAW October 31, 2016 City decision notice to EQB Monitor and distributed to commenting agencies November 7, 2016 City decision published in EQB Monitor. Environmental review process completed. Permits and Approvals for the Project 3M will need permits from the City, the Watershed District, and other agencies to begin construction. No permits may be issued or project approvals given while the EAW is in-process. 3M may submit its permit applications during the EAW process, and the permits may be reviewed during that time. Requested Action 3M requests that the Maplewood City Council approve the resolution that authorizes the City to act as the Responsible Governmental Unit (RGU) for the 3M B229 Parking Ramp EAW. J6, Attachment 2 Packet Page Number 147 of 199 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. _____ RESOLUTION AUTHORIZING THE CITY OF MAPLEWOOD TO SERVE AS THE RESPONSIBLE GOVERNMENTAL UNIT (RGU) FOR THE 3M B229 PARKING RAMP ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) WHEREAS, 3M Company, located at 3M Center in the City of Maplewood, is proposing to construct a new parking ramp on its corporate campus; and WHEREAS, the proposed project requires completion of an Environmental Assessment Worksheet (EAW) that meets the requirements of Minnesota Rules Chapter 4410, Sections 4410.1000 through 4410.1700; and WHEREAS, Minnesota Rules 4410.4600, subpart 14 specifies that the local governmental unit shall serve as the RGU for construction of new industrial and commercial facilities proposed within its boundaries that exceed the minimum threshold for environmental review; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that it should and herby determines that it will serve as the RGU for the 3M B2229 Parking Ramp EAW process as required by Minnesota Rules 4410. Adopted by the Maplewood City Council this 27th day of June, 2016. _________________________________ Nora Slawik, Mayor __________________________________ Karen Haag, City Clerk J6, Attachment 3 Packet Page Number 148 of 199 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, Environmental Planner DATE: June 21, 2016 SUBJECT: Consider Approval of a Solar Garden Subscription Agreement Introduction In 2013, Minnesota legislation directed Minneapolis-based utility, Xcel Energy, to create a program for community solar gardens. Xcel Energy named the program the Xcel Energy Solar Rewards Community Program, and it is overseen by the state’s Public Utilities Commission. A community solar garden is a centralized, shared solar project connected to the energy grid that has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill based upon the production of the solar facility and their subscription share of that facility. For additional information on community solar gardens, refer to the fact sheet titled “What is a Community Solar Garden?” published by the Metro Clean Energy Resource Teams (Attachment1). Discussion City Electricity Use In 2015, Maplewood City facilities used 3,445,336 kWh of electricity at a cost of $312,524.77. Maplewood has seven buildings on the Xcel Energy grid and one on North St. Paul’s Minnesota Municipal Power Agency grid. The average electricity use of the buildings located on the Xcel Energy grid are as follows: Buildings on Xcel Energy Grid Average Electricity Use Over the Last 24 Months 1. Community Center 2,166,624 kWh 2. City Hall 766,906 kWh 3. Fire Station 2 (1955 Clarence Street) 116,080 kWh 4. Fire Station 1 (600 McKnight Road) 99,616 kWh 5. Fire Station 3 (1530 County Road C) 53,973 kWh 6. Parks Maintenance Building 47,360 kWh 7. Nature Center 20,141 kWh Letter of Intent On July 24, 2015, the City of Maplewood submitted a letter of intent to subscribe to one or more community solar gardens through the Governmental Solar Subscriber Collaborative (Attachment 2). Through the Collaborative the Metropolitan Council issued a Request for Proposal to find businesses and get proposals to develop community solar gardens to which the Metropolitan Council and other interested government entities could subscribe. The City’s letter of intent expressed interest in subscribing to enough solar power to offset up to 50% of our electricity use. J Packet Page Number 149 of 199 2 Lottery Results Since that time the Metropolitan Council has concluded the solar garden vendor solicitation and negotiation and conducted a lottery to equitably assign the solar garden shares. Maplewood was issued one lottery ticket to the Geronimo Energy/BHE Renewables solar garden which would offset up to 8% of the City’s electricity use. The cost savings was $.01 rebate per kilowatt of electricity used – an accumulated savings of $47,460 over the life of the 25-year contract. Geronimo Energy/BHE Renewables Geronimo Energy is a North American utility-scale wind and solar development company based in Minneapolis, Minnesota. Geronimo has developed over 1,400 megawatts of contracted wind farms and solar projects throughout the United States. Berkshire Hathaway Energy is an $80 billion portfolio of locally managed businesses, including BHE Renewables that share a vision for the energy future. Their headquarters are in Des Moines, IA. BHE Renewables owns solar, wind, geothermal and hydro projects that produce energy for both the wholesale market and for customers under long-term power purchase agreements. Subcommittee Review of Lottery Results City staff formed a Community Solar Garden Subcommittee to look at the energy and cost savings analysis of the original lottery. The subcommittee was made up of staff (Nick Carver, Shann Finwall, Chris Swanson), the City Attorney (Alan Kantrud), Environmental Commissioners (Commissioners Miller, Yingling, and Sinn), and a resident (Matt Ledvina). Earlier this year the subcommittee determined that signing onto a long-term contract for the 8% solar power offset would not be in the City’s best interest. Additional Solar Capacity Since that time Geronimo Energy/BHE Renewables has informed the City that additional solar capacity has become available through the Governmental Solar Subscriber Collaborative. The additional capacity is due to other organizations declining their Agreements and additional solar garden opportunities. The City now has the opportunity to subscribe to 1,460,730 kWh, enough solar power to offset 45% of the City’s electricity use (buildings on the Xcel Energy grid). The Agreement will specify that the community solar power offset electricity from the Community Center building - enough solar power to offset 67% of the Community Center’s electricity use. The terms of the agreement would be the same as the initial contract, with a cost savings of $.01 rebate per kilowatt of electricity used, regardless of price adjustments to electricity. There would be three agreements, representing the City’s subscription to 29% of three community solar gardens with an accumulated solar capacity of 1,460,730 kWh. Agreement number one is included for review (Attachment 3). The other two agreements are the same except for the name of the community solar garden. The cost analysis reflects an accumulated savings of $344,088.85 over the term of the 25-year agreement (Attachment 4). Subcommittee Review of Additional Solar Capacity The Community Solar Garden Subcommittee and City management have reviewed the new subscription and find that it warrants further consideration by the Environmental and Natural Resources Commission and City Council. Following are benefits and issues to consider: J Packet Page Number 150 of 199 3 Benefits: 1. Support renewable energy; 2. Save the City money; 3. No upfront investment; 4. Pricing structure is straight-forward; 5. Subscription is transferrable; 6. There is no maintenance or overhead costs. Issues to consider: 1. Xcel Energy gets to claim the environmental benefit (renewable energy credits) of a shared solar project. For more information on renewable energy credits refer to the Renewable Energy Credits fact sheet published by Metro Clean Energy Resource Teams (Attachment 5). 2. New renewable energy technologies could become available during the 25-year agreement. Commission Review The Environmental and Natural Resources Commission recommended approval of the community solar garden subscription agreement during their June 20, 2016, meeting. Solar Presentation Doug Wester of Geronimo Energy will be present during the June 27 City Council meeting to present the details of the Community Solar Garden Subscription Agreement and answer questions of the City Council. Mr. Wester’s presentation is attached for review (Attachment 6). Budget Impact By signing the community solar garden subscription agreement the City will receive a $.01 rebate per kilowatt of electricity used at the Maplewood Community Center building, with an accumulated savings of $344,088.85 over the term of the 25-year agreement. There is no upfront investment. Recommendation Consider approval of the Community Solar Garden Subscription Agreement (Attachment 3). The Agreement authorizes the City of Maplewood to enter into a 25-year agreement with Geronimo Energy/BHE Renewables to subscribe to 1,460,730 kWh of community solar garden solar capacity, enough solar power to offset 45% of the City’s electricity use (buildings on the Xcel Energy grid). Attachments 1. “What is a Community Solar Garden?” Fact Sheet 2. Governmental Solar Subscriber Collaborative Letter of Intent 3. Community Solar Garden Subscription Agreement 4. Solar Garden Cost Analysis 5. Renewable Energy Credit Fact Sheet 6. Geronimo Energy Presentation J Packet Page Number 151 of 199 Are you interested in going solar but unable to do so on your own?Perhaps you live in an apartment, have a shaded roof at home, or don’t have space at your organization. Now you can join a community solar garden installed near you! Community solar gardens are a simple way to go solar.You purchase an up-front subscription, then soak in the rays (much of Minnesota is as sunny as places like Houston, TX and Tallahassee, FL). WHAT IS A COMMUNITYSOLAR GARDEN? Q Who is it for & why would I do it? Community Solar Gardens are centrally-located solar photovoltaic (PV) systems that provide electricity to participating subscribers. Could it work for you? OTHERS YOU 2 Individual entities can subscribe to enough solar to cover up to 120% of their annual electricity usage 3 Each subscriber’s utility bill is credited with the electricity created by their share of the solar garden 1 Solar PV panels are installed in sunny locations to produce renewable electricity How does it work? Q J, Attachment 1 Packet Page Number 152 of 199 SolarGardens.MnCERTs.org Learn more, ask questions & take action: CERTs: Minnesotans building a clean energy future Q How much solar should I get? The amount of electricity you use each year helps you decide how much solar to get. Your solar garden subscription can cover up to 120% of your usage. A typical Minnesota home uses 800 kilowatt-hours (kWh) a month. Remember: a more efficient home means more cost-effective solar! SUBSCRIBERS: individual entities who get solar power FINANCE: sources of financing for the project HOST SITE: location where solar garden is installed DEVELOPER: primary group organizing the solar garden UTILITY: electricity provider where solar garden is installed OUTREACH PARTNERS: groups that find subscribers SITE ASSESSOR: expert that studies solar garden location INSTALLER: expert that installs the solar garden As a subscriber, you don't have to worry about every detail. See below for key players. Utility Bill Solar power production is shown and credited on the subscriber’s utility bill 4 kW of solar could provide half the electricity used by the typical MN home Solar Subscription JDNOSAJJMAMF A typical MN home uses 800 kWh each month, or 9,600 kWh each year Electricity Use See more details about utility programs and rules for community solar gardens on our website at SolarGardens.MnCERTs.org#Who. Q Who is involved in a project? * * J, Attachment 1 Packet Page Number 153 of 199 J, Attachment 2 Packet Page Number 154 of 199 1 SOLAR GARDEN SUBSCRIPTION AGREEMENT This Solar Garden Subscription Agreement (―Agreement‖) is entered into as of the ______ day of ________________, 20_____ (the “Effective Date”) by and between Argo Navis CSG1, LLC, a Minnesota limited liability company (―ANCSG1‖), and City of Maplewood, a Minnesota municipal corporation (the ―Subscriber‖). In this Agreement, ANCSG1 and Subscriber are sometimes referred to individually as a ―Party‖ and collectively as the ―Parties.‖ RECITALS A. ANCSG1 intends to develop, operate and maintain a photovoltaic generation facility qualified as a ―Community Solar Garden‖ pursuant to Minn. Stat. 216B.1641 (―CSG Program”) to be located at 21205 St. Croix Trail N, Scandia, MN 55073 (the ―Facility‖) and has entered or will enter into a Standard Contract for Solar Rewards Community (―CSG Contract‖) with the local electric distribution company (the ―LDC‖). The designed capacity of the Facility shall be approximately 1,000 kWAC (1,279 kWDC) (subject to adjustment as described herein, the ―Facility Capacity‖); B. The energy produced by the Facility will be delivered by ANCSG1 via interconnection of the Facility to the electric grid, to the LDC, which will calculate the monetary value of the energy received from the Facility per applicable utility tariff and convert that amount into credits per kilowatt hour (the ―Bill Credit Rate‖ as defined in the CSG Contract) on the bills from LDC to the subscribers of ANCSG1 (―Credits‖); C. ANCSG1 will, in accordance with the terms hereof, and through the administrative process established by the LDC as approved by the Minnesota Public Utilities Commission (―MPUC‖), allocate and sell the right to receive Credits to its subscribers according to their respective Allocations (as defined below); D. Subscriber is an LDC customer (Premise. No. 303792399 and desires to purchase Credits from ANCSG1 in proportion to its expected consumption of electricity at 2100 White Bear Ave N, Maplewood, MN 55109 (―Customer Site‖). NOW, THEREFORE, in consideration of the foregoing recitals, the mutual premises, representations, warranties, covenants, conditions herein contained, and the Exhibits attached hereto, Subscriber and ANCSG1 agree as follows. 1. Term. The term of this Agreement shall commence on the Effective Date, and, unless terminated earlier pursuant to the provisions hereof, shall terminate on the 25th anniversary of the Commercial Operation Date (as defined below) (the ―Term”). The Term shall not be extended by virtue of any period of disconnection or event of Force Majeure experienced by the Facility. 2. Operation of the Facility. a. ANCSG1 shall operate the Facility during the Term so as to deliver all energy generated by the Facility to LDC in accordance with the CSG Contract and applicable LDC tariffs. J7, Attachment 3 Packet Page Number 155 of 199 2 b. ANCSG1 shall maintain the Facility in good working order at all times during the Term, and shall operate the Facility in a manner reasonably intended to maximize the amount of Credits allocable to Subscriber, consistent with good custom and practice for operation of utility generating facilities. 3. Sale and Purchase of Credits; Allocation. a. ANCSG1 shall promptly notify Subscriber of the Date of Commercial Operation of the Facility as established pursuant to the CSG Contract (―Commercial Operation Date‖). In the event that the Commercial Operation Date is not achieved by December 31, 2017, and any of the following events or circumstances occur, either Party may terminate this Agreement, without liability, upon delivery of such notice to the other Party: i. after timely application to the LDC (or other applicable distribution service provider whose system the Facility connects to deliver energy (the ―Distribution Provider‖) and commercially reasonable efforts to secure interconnection services, ANCSG1 has not received written confirmation and evidence that interconnection services will be available for the energy generated by the Facility at the Facility Capacity; or ii. if the LDC or another party with the authority to do so disqualifies ANCSG1 or the Facility from participating in the CSG Program. b. ANCSG1 shall allocate a portion of Facility Capacity to Subscriber consisting of 370.910 kWDC (subject to update by ANCSG1 in connection with finalizing the Facility Capacity) equal to twenty-nine percent (29.0%) of Facility Capacity (the ―Allocation‖). ANCSG1 shall provide to LDC the Allocation along with Subscriber’s name, LDC account number(s), and service address(es) (―Subscriber Data‖). c. ANCSG1 shall sell to Subscriber and Subscriber shall purchase from ANCSG1, the right to receive an amount of Credits calculated on the basis of that portion of the total kilowatt hours (in AC) delivered by the Facility to LDC which corresponds to the Allocation. The Allocation shall be effective for each and every LDC Production Month (as defined in the CSG Contract) during the Term. ANCSG1 shall post Credits to Subscriber’s account monthly for invoicing pursuant to Section 4 of this Agreement (―Subscriber’s Monthly Credits‖). Thus, where x = # of Credits, y = kWhAC delivered in a Production Month, and a = Allocation, x = y x a. 4. Price and Payment. a. For the right to receive Credits generated by the Facility each month, Subscriber shall pay to ANCSG1 an amount equal to the product of (i) the corresponding Subscriber’s Monthly Credits, and (ii) the Bill Credit Rate then applicable to the LDC’s Solar Rewards Community Program minus one cent ($.01) (the ―Monthly Allocation Payment‖). b. Beginning with the second calendar month following the Commercial Operation Date, ANCSG1 shall invoice Subscriber, utilizing Subscriber’s preferred invoicing service, for the Monthly Allocation Payment for the Credits posted to Subscriber’s account since the prior invoice date. Subscriber shall make its payments to ANCSG1 no later than thirty (30) J7, Attachment 3 Packet Page Number 156 of 199 3 days following receipt of the applicable invoice. ANCSG1 shall include with each invoice, a copy of the LDC statement delivered to ANCSG1 that indicates the kWhAC upon which the LDC calculates the Credit to Subscriber. 5. Records and Audits. a. Upon request by Subscriber, ANCSG1 shall provide (i) evidence of the accuracy of its metering equipment for the Facility and/or (ii) such other information and records requested by Subscriber to enable Subscriber to verify the accuracy of the Credits awarded by the LDC and any other calculation and/or measurements described in this Agreement. b. ANCSG1 shall provide reports to Subscriber (i) monthly, containing the energy produced by the Facility, and (ii) annually, containing an audited financial statement of ANCSG1, and a current statement of management, financing parties, and operatorship of ANCSG1. Subscriber may provide comments to ANCSG1 on the accuracy and completeness of the annual reports, and shall provide a copy of any such comments to LDC. c. As required by Minnesota Statutes, section 16C.05, subdivision 5, the records, books, documents, and accounting procedures and practices of ANCSG1 and of any subcontractor of ANCSG1 relating to work performed pursuant to this Agreement shall be subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor as described in such subdivision. ANCSG1 and any subcontractor of ANCSG1 shall permit, upon reasonable advance written notice, the Subscriber or its designee to inspect, copy, and audit its accounts, records, and business documents at any reasonable time during regular business hours, as they may relate to the performance under this Agreement. Audits conducted by the Subscriber under this provision shall be in accordance with generally accepted auditing standards. 6. Taxes. a. Subscriber shall be solely liable for sales or similar taxes imposed by a governmental entity, if any, attributable to the sale of Credits allocated to the Subscriber. b. Subscriber shall have no interest in and have no entitlement to claim any investment tax credit or other tax benefits related to ownership of the Facility. 7. Representations, Warranties and Covenants. a. Each Party represents and warrants to the other Party: i. The Party is duly organized, validly existing, and in good standing in the jurisdiction of its organization and is qualified to do business in the State of Minnesota; ii. The Party has full legal capacity to enter into and perform this Agreement; J7, Attachment 3 Packet Page Number 157 of 199 4 iii. The execution of the Agreement has been duly authorized, and each person executing the Agreement on behalf of the Party has full authority to do so and to fully bind the Party; and iv. To the best of its knowledge, there is no litigation, action, proceeding or investigation pending before any court or other Governmental Authority by, against, affecting or involving its ability to carry out the transactions contemplated herein. b. ANCSG1 represents, warrants, and covenants to Subscriber: i. ANCSG1 has, or in the ordinary course will obtain, all licenses, permits and any other required documents to construct and operate the Facility; ii. ANCSG1 shall perform its obligations under the CSG Contract and otherwise comply with all provisions of the CSG Program and other applicable tariffs. iii. Except as may be required by law or regulation, or with Subscriber’s consent, ANCSG1 will not publicly disclose Subscriber’s LDC account information, energy usage data, or Credits. c. Subscriber represents, warrants, and covenants to ANCSG1: i. Subscriber’s average annual energy consumption for its subscribing account(s) over the two year period prior to the Effective Date is 2,166,624 kWhAC; ii. Subscriber shall not install or procure any other distributed generation resource(s) serving Subscriber’s premises to which energy is delivered by LDC under Account No. 51-5867471-0, which resource(s), when combined with the Allocation, may generate energy (including energy upon which the Credits are based) exceeding one hundred twenty percent (120%) of Subscriber’s average annual energy consumption over the twenty-four (24) months prior to such installment or procurement. iii. Within thirty (30) days of request by ANCSG1, which request shall be made not sooner than the date of commencement of construction of the Facility, Subscriber shall complete, execute, and deliver to ANCSG1 the Subscriber Agency Agreement in the form attached hereto as Exhibit A. Upon execution, all of the information and statements of Subscriber provided therein shall be accurate. iv. Subscriber understands and agrees it will have no interest in or entitlement to (a) benefits or derivatives of ―Unsubscribed Energy‖ or ―RECs‖ associated with the Facility as each is defined in the CSG Contract; and (b) incentives under the MN Department of Commerce’s Made in Minnesota program and LDC’s Solar Rewards program associated with the Facility. 8. Performance Guarantee. ANCSG1 hereby guarantees that in every period of two consecutive calendar years during the Term, beginning with the first full calendar year, ANCSG1 will provide Credits from operation of the Facility in an amount not less than ninety percent (90%) of Expected Deliveries (weather adjusted) which will be set forth on Exhibit B J7, Attachment 3 Packet Page Number 158 of 199 5 hereto (the ―Guaranteed Performance‖) not later than the date of commencement of construction of the Facility. ANCSG1 shall pay Subscriber one cent ($.01) per Credit to the extent the actual number of Credits purchased by Subscriber during any such two year period (the ―Measurement Period‖) is less than the Guaranteed Performance for the entire Measurement Period (combining the Expected Deliveries for both calendar years). Such payment shall be Subscriber’s sole remedy for default by ANCSG1 under this Section 8. ANCSG1 shall have no liability under this Section 8 if the Facility’s failure to achieve Guaranteed Performance is due to an event of Force Majeure. 9. Default. a. Events of Default. The following shall each constitute an Event of Default by a Party: i. The Party fails to make any material payment due under this Agreement within thirty (30) days after delivery of notice from the other Party that such payment is overdue. ii. The Party materially fails to perform or comply with any material representation, warranty, obligation, covenant or agreement set forth in this Agreement and such failure continues for a period of thirty (30) days after delivery of notice thereof from the other Party. iii. The Party is subject to a petition for dissolution or reorganization, voluntary or involuntary, under the U.S. Bankruptcy Code. b. Force Majeure. Except as specifically provided herein, if by reason of Force Majeure, a Party is unable to carry out, either in whole or in part, any of its obligations herein contained, such Party shall not be deemed to be in default during the continuation of such inability, provided that: (i) the non-performing Party, within a reasonable time after the occurrence of the Force Majeure event, gives the other Party notice describing the particulars of the occurrence and the anticipated period of delay; (ii) the suspension of performance be of no greater scope and of no longer duration than is required by the Force Majeure event; (iii) no obligations of the non-performing Party which were to be performed prior to the occurrence causing the suspension of performance shall be excused as a result of the occurrence; and (iv) the non-performing Party shall use reasonable efforts to remedy the cause(s) preventing it from carrying out its obligations. ―Force Majeure‖ as used in this Agreement shall mean an event or circumstances beyond the reasonable control of a Party and not resulting from the Party’s negligence, including, but not limited to fire, acts of God, earthquake, flood or other casualty or accident; break down or failure of the Distribution Provider’s electric distribution system; serial equipment defect; strikes or labor disputes; war, civil strife or other violence; and any law, order, proclamation, regulation, ordinance, action, demand or requirement of any government agency or utility. Either Party may terminate this Agreement upon 15 days’ written notice to the other Party if any event of Force Majeure affecting such other Part y has been in existence for a period of 180 J7, Attachment 3 Packet Page Number 159 of 199 6 consecutive days or longer, unless such event of Force Majeure expired before the end of the 15 day notice period. 10. Remedies; Limitation of Liability; Waiver. a. Remedies. Subject to the limitations set forth in this Agreement, the Parties each reserve and shall have all rights and remedies available to it at law or in equity with respect to the performance or non-performance of the other Parties hereto under this Agreement. Under no circumstances shall ANCSG1’s liability for breach of this Agreement exceed, in any one calendar year, an amount equal to (i) the Allocation percentage times (ii) $15,000; provided, however that such limitation shall not apply to damages arising out of the sale or allocation by ANCSG1 to a third party of the Credits allocated and committed to Subscriber hereunder. For example, if the Allocation is 40%, then the limit described in the preceding sentence shall equal 40% x $15,000 or $6,000 total. b. ANCSG1 Damages. In the event of Subscriber’s breach, repudiation, or termination of this Agreement in violation of the provisions hereof, ANCSG1 shall be entitled to recover from Subscriber (subject to ANCSG1’s duty to mitigate damages including its duty to try and find a replacement subscriber): (i) the unpaid Monthly Allocation Payments due at the time of termination; and (ii) ANCSG1’s actual, reasonable, and verifiable damages resulting from Subscriber’s breach. Any post-termination Monthly Allocation Payments that may qualify as damages under this section, will be calculated based upon the Schedule of Expected Deliveries of Credits (Exhibit B, hereto), and the Bill Credit Rate at the time of S ubscriber’s breach of this Agreement. c. Limitation of Liability. EXCEPT AS EXPRESSLY ALLOWED HEREIN, NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY CHARACTER, RESULTING FROM, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY INCIDENT TO ANY ACT OR OMISSION OF A PARTY RELATED TO THE PROVISIONS OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER CLAIMS OR ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY. d. Exclusions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 10, THE LIMITATIONS OF THIS SECTION 10 DO NOT APPLY TO A CLAIM FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; FOR FAILURE TO COMPLY WITH LAWS; FOR INDEMNIFICATION; FOR BREACH OF CONFIDENTIALITY OR FOR INTELLECTUAL PROPERTY INFRINGEMENT. 11. Early Termination. a. Either Party may terminate this Agreement on notice thereof to Subscriber in the event that ANCSG1 is unable to obtain financing for the Facility on commercially reasonable terms on or before December 31, 2017. b. If ANCSG1 fails to perform under this Agreement due to an event of Force Majeure that lasts more than twelve (12) months or fails to restore the Facility to full J7, Attachment 3 Packet Page Number 160 of 199 7 operation at Capacity within twelve (12) months following an event of Force Majeure causing damage to the Facility, Subscriber shall have the right to terminate this Agreement by giving ANCSG1 at least sixty (60) days prior notice of its intent to terminate based on such failure(s). Any such notice of termination shall be given within three (3) months of such failure(s). In the event of termination pursuant to this Section 11(b), ANCSG1 shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the six month period following the expiration of such twelve (12) month period. c. In the event (i) the CSG Contract is terminated based on ANCSG1’s breach thereof or (ii) ANCSG1 materially breaches its obligations of performance in this Agreement and such breach is not cured within thirty (30) days after ANCSG1 receives written notice of such breach from Subscriber (provided, however, that if such breach is not capable of being cured within such thirty-day period and ANCSG1 has commenced and diligently continued actions to cure such breach within such thirty-day period, the cure period shall be extended to 180 days, so long as ANCSG1 is making diligent efforts to do so), then Subscriber may terminate this Agreement as provided in this Section 11. In the event of a termination by Subscriber described in the preceding sentence, ANCSG1 shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the calendar year following termination according to the Schedule of Expected Deliveries, Exhibit B. d. The Parties agree that actual damages in the event of termination of this Agreement as specified in Sections 11(b) and 11(c), would be difficult to calculate and that the liquidated damages specified herein are a reasonable approximation of such actual damages. 12. Assignment. No Party shall assign or in any manner transfer this Agreement or any part thereof except in connection with (a) Subscriber’s assignment to a party approved in advance by ANCSG1, with such approval not unreasonably withheld, on the bases of (i) creditworthiness, (ii) the party’s eligibility under the Solar Rewards Community Program, (iii) Subscriber’s payment to ANCSG1 of seven hundred fifty dollars ($750) to cover ANCSG1’s administrative expenses associated with the transfer (the ―Transfer Fee‖) and (iv) other factors evidencing an increase in a material risk of a breach of this Agreement, (b) ANCSG1’s assignment of this Agreement to any Affiliate that owns or, by long-term lease, controls the Facility, provided that such Affiliate has the same or better credit strength and has agreed in writing to recognize Subscriber’s rights under this Agreement and to not disturb any of Subscriber’s rights hereunder; (c) ANCSG1’s collateral assignment of this Agreement to any financial institution that provides financing for the Facility (including a financial institution that enters into a sale/leaseback transaction with respect to the Facility) that has agreed in writing to recognize Subscriber’s rights under this Agreement and to not disturb any of Subscriber’s rights hereunder upon the foreclosure or conveyance in lieu thereof, and, in connection with any collateral assignment of this Agreement, Subscriber agrees to comply with the lender accommodations set forth in Exhibit C to this Agreement; (d) ANCSG1’s assignment of this Agreement, prior to the Commencement of Operations Date, to another operator/owner of a community garden facility, in the same County and qualified under the Solar Rewards Community Program which has sufficient capacity to accept Subscriber’s Allocation, has the same or better credit strength, and agrees in writing to recognize Subscriber’s rights under this Agreement and to not disturb any of Subscriber’s rights hereunder; or (e) Subscriber’s assignment of this Agreement to any of its Affiliates or successor entity if the Minnesota J7, Attachment 3 Packet Page Number 161 of 199 8 legislature reassigns responsibility for the services provided by Metropolitan Council (without change of service address) provided that such Affiliate or successor entity has the same or better credit strength. 13. Miscellaneous. a. LDC Disputes. ANCSG1 shall be solely responsible for resolving any dispute with LDC regarding the production of energy by the Facility. Subscriber shall be solely responsible for resolving any dispute with LDC regarding the calculation of the Bill Credit Rate. b. Notices. i. All notices and other formal communications which any Party may give to another under or in connection with this Agreement shall be in writing (except where expressly provided for otherwise), shall be deemed delivered upon mailing, deposit with a courier for hand delivery, or electronic transmission, and shall be sent by any of the following methods: hand delivery; reputable overnight courier; certified mail, return receipt requested; or email transmission. ii. Subscriber shall promptly notify ANCSG1 of any changes in Subscriber Data. The notices and communications shall be sent to the following addresses: If to ANCSG1: BHE Renewables, LLC Program Manager – MN Community Solar Gardens 1850 N. Central Avenue Suite 1025 Phoenix, AZ 85004 BHERenewables@bherenewables.com 515-252-6677 If to Subscriber: Attn: City Manager City of Mapleton 1830 County Road B East Maplewood, MN 55109 c. Severability. If any term, covenant or condition in the Agreement shall, to any extent, be invalid or unenforceable in any respect under Applicable Law, the remainder of the Agreement shall not be affected thereby, and each term, covenant or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law, unless such invalidity or unenforceability frustrates or negates an essential purpose of this Agreement. J7, Attachment 3 Packet Page Number 162 of 199 9 d. Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Minnesota without reference to any choice of law principles. e. Dispute Resolution. i. Amicable Settlement. The Parties shall attempt in good faith to resolve all disputes arising in connection with the interpretation or application of the provisions of this Agreement or in connection with the determination of any other matters arising under this Agreement by mutual agreement. ii. Continuation of Performance. During the pendency of any dispute hereunder, the Parties shall continue to perform their respective obligations under this Agreement. iii. Equitable Relief. Nothing in this Agreement shall be construed to preclude either Party from seeking or obtaining urgent equitable or injunctive relief from a court of law in relation to this Agreement. iv. Venue and Jurisdiction. The Parties agree that the courts of the State of Minnesota and the Federal Courts sitting therein shall have jurisdiction over any action or proceeding arising under the Agreement to the fullest extent permitted by Applicable Law. f. Insurance. With respect to the services provided pursuant to this Agreement, ANCSG1 shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following insurance coverages and limits: i. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence—Combined Bodily Injury and Property Damage $1,500,000 ii. Workers’ Compensation and Employer’s Liability: Workers’ Compensation Statutory (If ANCSG1 is based outside the state of Minnesota, coverage must comply with Minnesota Law). iii. Employer’s Liability. Bodily injury by: Accident—Each Accident $500,000 J7, Attachment 3 Packet Page Number 163 of 199 10 Disease—Policy Limit $500,000 Disease—Each Employee $500,000 An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of ANCSG1 to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, ANCSG1 shall promptly submit copies of insurance policies to Subscriber. iv. ANCSG1 shall not commence work until it has obtained required insurance and filed with Subscriber a properly executed Certificate of Insurance establishing compliance. The certificate(s) must name Subscriber as the certificate holder and as an additional insured for the liability coverage(s) for all operations covered under this Agreement. ANCSG1 shall furnish to Subscriber updated certificates during the term of this Agreement as insurance policies expire. g. Compliance with Law. ANCSG1 shall comply with all laws (including common laws), ordinances, codes, rules and regulations (collectively, ―Laws‖) regarding ANCSG1’s obligations and performance under this Agreement. ANCSG1 shall obtain and maintain any and all permits, licenses, bonds, certificates and other similar approvals required in connection with this Agreement. In the event of an allegation that ANCSG1 has failed to comply with any Laws or failed to obtain any and all permits, licenses, bonds, certificates and/or any other similar approvals required in connection with this Agreement, ANCSG1 shall pay any fines or penalties imposed upon Subscriber as a result of such failure and shall reimburse Subscriber for any expenses (including attorneys’ fees) incurred by Subscriber in responding to such allegation. h. Entire Agreement. This Agreement, and all documents referenced herein, contain the entire agreement between Parties with respect to the subject matter hereof, and supersede all other understandings or agreements, both written and oral, between the Parties relating to the subject matter hereof. i. No Joint Venture. Each Party will perform all obligations under this Agreement as an independent contractor. Nothing herein contained shall be deemed to constitute any Party a partner, agent or legal representative of another Party or to create a joint venture, partnership, agency or any relationship between the Parties. The obligations of Subscriber and ANCSG1 hereunder are individual and neither collective nor joint in nature. j. Amendments; Binding Effect. This Agreement may not be amended, changed, modified, or altered unless such amendment, change, modification, or alteration is in writing and signed by each Party to this Agreement or its successor in interest. This Agreement inures to the benefit of and is binding upon the Parties and their respective successors and permitted assigns. k. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. J7, Attachment 3 Packet Page Number 164 of 199 11 l. Further Assurances. From time to time and at any time at and after the execution of this Agreement, each Party shall execute, acknowledge and deliver such documents and assurances, reasonably requested by the other for the purpose of effecting or confirming any of the transactions contemplated by this Agreement. m. Survival. The provisions of Sections 10, (Remedies, Limitation of Liability; Waiver), 13(c) (Severability), 13(d) (Governing Law), and 13(e) (Dispute Resolution) shall survive the expiration or earlier termination of this Agreement for a period of six (6) years thereafter. n. No Third-Party Beneficiaries. This Agreement is intended solely for the benefit of the Parties hereto. Except as expressly set forth in this Agreement, nothing in this Agreement shall be construed to create any duty to or standard of care with reference to, or any liability to, or any benefit for, any person not a party to this Agreement. o. Confidentiality. Each Party agrees that it will not disclose Not Public Data (as hereinafter defined), directly or indirectly, under any circumstances or by any means (excluding disclosures to the LDC or as are required as a participant in the CSG Program), to any third person without the express written consent of the other Party unless such disclosure is permitted by the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, or required by applicable Law. ―Not Public Data‖ means, not public data as defined in Minnesota Statutes § 13.02, subd. 8a (2014). p. Data Practices. i. Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on individuals is made available to ANCSG1 by the Subscriber under this Agreement, ANCSG1 will administer and maintain any such data in accordance with Minnesota Statutes, Chapter 13 (the ―Minnesota Government Data Practices Act‖), and any other statutory provisions applicable to the data. If and to the extent that Minnesota Statutes, section 13.05, subdivision 11, is applicable to this Agreement, then: (A) all of the data created, collected, received, stored, used, maintained, or disseminated by ANCSG1 in performing this Agreement are subject to the requirements of the Minnesota Government Data Practices Act; (B) ANCSG1 must comply with those requirements as if it were a government entity; and (C) the remedies in Minnesota Statutes, section 13.08 apply to ANCSG1. ii. Consistent with Minnesota Statutes, section 13.055, if ―private data on individuals,‖ ―confidential data on individuals‖ or other ―not public data‖ are provided to or made accessible to ANCSG1 by the Subscriber, ANCSG1 must: (A) have safeguards to ensure private or confidential data on individuals or other not public data are only accessible or viewable by ANCSG1 employees and agents whose work assignments in connection with the performance of this Agreement reasonably require them to have access to the data; (B) immediately notify the Subscriber of any unauthorized access by ANCSG1 employees and agents, and unauthorized access by third parties; (C) fully cooperate with Subscriber investigations into any breach in the security of private or confidential data on individuals or other not public data that may have occurred in connection with ANCSG1’s access to or use of the data; and (D) fully cooperate with the Subscriber in fulfilling the notice and reporting J7, Attachment 3 Packet Page Number 165 of 199 12 requirements of Minnesota Statutes, section 13.055. The penalties in Minnesota Statutes, section 13.09 governing unauthorized acquisition of not public data apply to ANCSG1 and ANCSG1 employees and agents. If ANCSG1 is permitted to use a subcontractor to perform ANCSG1’s work under this Agreement, ANCSG1 shall incorporate these data practices provisions into the subcontract. The remainder of this page is intentionally blank. J7, Attachment 3 Packet Page Number 166 of 199 13 iii. If ANCSG1 receives a request to release data referred to in this section, ANCSG1 must immediately notify the Subscriber. The Subscriber will give ANCSG1 instructions concerning the release of the data to the requesting party before the data is released. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. THE CITY OF MAPLEWOOD By: Name: Melinda Coleman Title: City Manager ARGO NAVIS CSG1, LLC By: Name: Eric Besseling Title: Authorized Representative J7, Attachment 3 Packet Page Number 167 of 199 14 EXHIBIT A Subscriber Agency Agreement and Consent Form J7, Attachment 3 Packet Page Number 168 of 199 15 Solar*Rewards Community Subscriber Agency Agreement and Consent Form The undersigned (“Subscriber”) has a Subscription to the following Community Solar Garden: Community Solar Garden Name: Argo Navis CSG1, LLC Community Solar Garden Address: 21205 St. Croix Trail N, Scandia, MN 55073 Community Solar Garden Operator: Argo Navis CSG1, LLC Community Solar Garden contact information for Subscriber questions and complaints: Address (if different from above): 1850 N. Central Avenue, Suite 1025, Phoenix, AZ 5804 Telephone number: 515-252-6677 Email address: BHERenewables@bherenewables.com Web Site URL: http://www.bherenewables.com Subscriber Name: The City of Maplewood Subscriber’s Account Number with Northern States Power Company: 51-5867471-0 Subscriber Service Address where receiving electrical service from Northern States Power Company: 2100 White Bear Ave N, Maplewood, MN 55109 J7, Attachment 3 Packet Page Number 169 of 199 16 By signing this Solar Rewards Community Subscriber Agency Agreement and Consent Form, the Subscriber agrees to all of the following: 1. Assignment of Renewable Energy Credits (“RECs”), Energy and Capacity to Northern States Power Company, a Minnesota corporation. The Subscriber agrees that the Community Solar Garden Operator has authority to assign all energy produced and capacity associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company, and the Subscriber agrees that all energy produced, and capacity associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. The Subscriber also agrees that the Community Solar Garden Operator has authority to assign all RECs associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company, and that if the Community Solar Garden or a person or entity on its behalf has assigned the RECs to Northern States Power Company, then all RECs associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. 2. Tax Implications. The Community Solar Garden Operator has provided the Subscriber with a statement that Northern States Power Company makes no representations concerning the taxable consequences to the Subscriber with respect to its Bill Credits to the Subscriber or other tax issues relating to participation in the Community Solar Garden. 3. Northern States Power Company hereby discloses to the Subscriber that it recognizes that not all production risk factors, such as grid-failure events or atypically cloudy weather, are within the Community Solar Garden Operator's control. 4. Information Sharing. Participating in the Solar*Rewards Community Program will require sharing Subscriber's Account Information (name, account number, service address, telephone number, email address, web site URL, information on Subscriber participation in other distributed generation serving the premises of the Subscriber, Subscriber specific Bill Credit(s)) and Subscriber's Energy Use Data (the past, present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden). The following outlines the type of information that will be shared, and how that information will be used. a. Subscriber's Account Information and Subscriber Energy Usage Data. The Subscriber authorizes Northern States Power Company to provide the Community Solar Garden Operator (and the Community Solar Garden Operator's designated subcontractors and agents) with the Subscriber's Account Information and Subscriber's Energy Usage Data as described in Section 4 above. This information is needed to allow the Community Solar Garden Operator determine the extent to which the Subscriber is entitled to participate in the Community Solar Garden, and to validate the amount of the Bill Credits to be provided by Northern States Power Company to the Subscriber. The current data privacy policies of Northern States Power Company applicable to its Solar*Rewards Community Program provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above are attached as Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form. J7, Attachment 3 Packet Page Number 170 of 199 17 These privacy policies include definitions of ―Subscriber's Account Information‖ and "Subscriber's Energy Usage Data." b. Subscriber's Subscription Information: The Subscriber authorizes the Community Solar Garden Operator to provide information to Northern States Power Company identifying the Subscriber (with the Subscriber's name, service address, and account number) and detailing the Subscriber's proportional share in kilowatts of the Community Solar Garden and to provide additional updates of this information to Northern States Power Company as circumstances change. This information is needed to allow Northern States Power Company to properly apply Bill Credits for the photovoltaic energy generated by the Community Solar Garden. Also, this information is needed to allow Northern States Power Company to send to the Subscriber notices or other mailings pertaining to their involvement in the Solar*Rewards Community Program. The Community Solar Garden Operator shall not disclose Subscriber information in annual reports or other public documents absent explicit, informed consent from the Subscriber. The Community Solar Garden Operator will not release any Subscriber data to third parties except to fulfill the regulated purposes of the Solar*Rewards Community Program, to comply with a legal or regulatory requirement, or upon explicit, informed consent from the Subscriber. c. Aggregate Information. Aggregate information concerning production at the Community Solar Garden may be publicly disclosed to support regulatory oversight of the Solar*Rewards Community Program. This includes annual reports available to the public related to specific Community Solar Gardens, including but not limited to production from the Community Solar Gardens; size, location and the type of Community Solar Garden subscriber groups; reporting on known complaints and the resolution of these complaints; lessons learned and any potential changes to the Solar*Rewards Community Program; reporting on Bill Credits earned and paid; and reporting on the application process. Aggregated information will not identify individual Subscribers or provide Subscriber-Specific Account Information, Subscriber-Specific Energy Usage Data or Subscriber-specific Bill Credits unless a Subscriber provides explicit informed consent. Depending on the nature of the aggregated information, however, it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. The Subscriber agrees to the inclusion of its production information in the creation of the aggregated information. The Community Solar Garden Operator will not use aggregated information for purposes unrelated to the Solar*Rewards Community Program without first providing notice and obtaining further consent, unless the aggregated information is otherwise available as public information. The policies of Northern States Power Company related to sharing aggregated information are part of the data privacy policies contained in the attached Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form and should be provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above. d. Information Requests from the MPUC or the Department of Commerce. The Subscriber agrees that the Community Solar Garden Operator and Northern States Power Company are authorized to provide any information they possess related to the J7, Attachment 3 Packet Page Number 171 of 199 18 Subscriber or the Subscriber's participation in the Community Solar Garden to the Minnesota Public Utilities Commission (MPUC), the Minnesota Department of Commerce, or the Minnesota Office of Attorney General. This information is needed to allow proper regulatory oversight of Northern States Power Company and of the Solar*Rewards Community Program. e. Liability Release. Northern States Power Company shall not be responsible for monitoring or taking any steps to ensure that the Community Solar Garden Operator maintains the confidentiality of the Subscriber's Account Information, the Subscriber's Energy Usage or the Bill Credits received pertaining to the Subscriber's participation in the Community Solar Garden. However, Northern States Power Company shall remain liable for its own inappropriate release of Subscriber's Account Information and Subscriber's Energy Use Data. f. Duration of Consent. The Subscriber's consent to this information sharing shall be ongoing for the Term of the CSG Contract between the Community Solar Garden Operator and Northern States Power Company, or until the Subscriber no longer has a Subscription to the Community Solar Garden and the Community Solar Garden Operator notifies Northern States Power Company of this fact through the CSG Application System. Provided, however, the Subscriber's consent shall also apply thereafter to all such information of the Subscriber pertaining to that period of time during which the Subscriber had a Subscription to the Community Solar Garden. g. Modification. The above provisions addressing data privacy and in Exhibit 1 shall remain in place until and unless other requirements are adopted by the MPUC in its generic privacy proceeding, Docket No. E,G999/CI-12-1344, or other MPUC Order. Northern States Power Company shall file necessary revisions to its tariffs and contracts within thirty (30) days of such Order. Subscriber's Name: The City of Maplewood Subscriber's Signature: Melinda Coleman, City Manager Date: J7, Attachment 3 Packet Page Number 172 of 199 19 Exhibit 1 to Solar*Rewards Community Subscriber Agency Agreement and Consent Form Data Privacy Policies of Northern States Power Company Pertaining to the Solar*Rewards Community Program The data privacy policies of Northern States Power Company pertaining to the Solar*Rewards Community Program are as follows and may be changed from time to time as filed in the Company's tariff or as otherwise may be authorized by the Minnesota Public Utilities Commission ("MPUC"): Definitions Unless indicated otherwise, the same definition and meaning of terms in this document are the same as contained in the Standard Contract for Solar*Rewards Community. For ease of reference, here are some of the specific definitions: ―Company‖ means Northern States Power Company, a Minnesota Corporation, and its affiliates and agents. ―Subscribed Energy‖ means electricity generated by the PV System attributable to the Subscribers' Subscriptions and delivered to the Company at the Production Meter on or after the Date of Commercial Operation. ―Subscriber‖ means a retail customer of the Company who owns one or more Subscriptions of a community solar garden interconnected with the Company. ―Subscriber’s Account Information‖ consists of the Subscriber's name, account number, service address, telephone number, email address, web site URL, information on Subscriber participation in other distributed generation serving the premises of the Subscriber, and Subscriber specific Bill Credit(s). ―Subscriber's Energy Usage Data‖ includes the past, present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden. J7, Attachment 3 Packet Page Number 173 of 199 20 Overview This section addresses how Subscriber's Account Information and Subscriber's Energy Usage Data will be collected, used and shared as part of participation in the Solar*Rewards Community Program. 1. How Subscriber's Account Information and Energy Usage Data Will Be Exchanged a. Subscriber Specific Information Once a Subscriber has executed a Subscriber Agency Agreement and Consent Form, an ongoing data exchange will occur between the Company and a Community Solar Garden Operator (and their designated subcontractors and agents): (i) The Company will disclose the following Subscriber-specific information to the Community Solar Garden Operator:  Subscriber's Account Information  Subscriber's Energy Usage Data  Bill credits (ii) The Community Solar Garden Operator will disclose to the Company the following Subscriber-specific information:  Subscriber's Account Information  Community Solar Garden Allocation for each Subscriber's Subscription stated in kW  Production data related to the PV System  Monthly Subscription Information b. Aggregated Subscriber Information Aggregated Subscriber information will be reported as part of Permitted Public Reporting, outlined in Section 2(b) below. To be considered "aggregated" the reported information must include information attributable to all Subscribers participating in a specific Solar*Rewards Community program site, which based on program requirements will contain a minimum of five Subscribers. Depending on the nature of the aggregated information, however, from this information alone or in combination with other publicly available information it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. J7, Attachment 3 Packet Page Number 174 of 199 21 2. How Subscriber's Information Will Be Used The following outlines how the Subscriber's Account Information and Subscriber Energy Usage Data will be used as part of the Solar*Rewards Community Program. a. Program Management As part of administering the Solar*Rewards Community program, the Solar Garden Operator and the Company may provide information related to the Subscriber and/or the Community Solar Garden to:  the MPUC  the Minnesota Department of Commerce  the Minnesota Office of Attorney General  Other governmental or private entities as required by law or regulation Account Information and Subscriber's Energy Usage Data to service providers, agents, or contracted agents who support the program on its behalf. The Company prohibits these service providers from using or disclosing the Subscriber's information except as necessary to perform these specific services or to comply with legal requirements. More information about the Company's general privacy practices is explained in its Privacy Policy available on www.xcelenerqy.com. b. Permitted Public Reporting The Subscriber's Energy Usage Data of each participating Subscriber to a Community Solar Garden will be combined and reported in the aggregate by the Community Solar Garden Operator in its annual report on the Solar*Rewards Community program. The identity of specific Subscribers, the specific Subscriber's Account Information, Subscriber's Energy Usage Data and Subscriber-specific Bill Credit will not be listed in the public annual report unless the Subscriber has provided the Community Solar Garden Operator with prior written consent. Per the requirements of the MPUC, the Company will provide to the MPUC annual reports which will include information or data requested by the MPUC or Minnesota Department of Commerce, including the following:  Reporting on Solar*Rewards Community program costs, including an analysis of the deposit, application, participation and metering fees and further justification for these fees going forward;  Reporting on the Solar*Rewards Community Gardens, including but not limited to size, location and the type of Solar*Rewards Community subscriber groups;  Reporting on known complaints and the resolution of these complaints; J7, Attachment 3 Packet Page Number 175 of 199 22  A copy of each contract signed with a Community Solar Garden Operator, if not previously filed;  Lessons learned and any potential changes to the program;  Report on bill credits earned and paid; and the  Application process c. Prohibited Reporting or Sharing Except as otherwise provided in this document, the Company will not disclose the Subscriber's Account Information, Subscriber's Energy Usage Data or Subscriber-specific Bill Credits to a third party without first obtaining the Subscriber's written consent. Any requests by the Community Solar Garden Operator to the Company for information about a Subscriber that is not Subscriber's Account Information or Subscriber's Energy Usage Data will require execution of a separate written consent by the Subscriber. Notwithstanding the previous statement, the Company will not provide the Community Solar Garden Operator with the Subscriber's Social Security Number unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. 3. Subscriber Data Access and Correction The following outlines what information is available to the Subscriber from the Company and the Community Solar Garden Operator, and methods of correcting any inaccuracies. a. Information Available from the Company Subscribers can contact the Company's call center to obtain information pertaining to their specific Bill Credit attributable to their participation in Solar*Rewards Community Program. The correction of any allocation of previously-applied Bill Credits among Subscribers or payments to the Community Solar Garden Operator for Unsubscribed Energy, pertaining to a particular month due to any inaccuracy reflected in such Monthly Subscription Information with regard to a Subscriber's Subscription in the PV System and the beneficial share of photovoltaic energy produced by the PV System, or the share of Unsubscribed Energy, shall be the full responsibility of the Community Solar Garden Operator, unless such inaccuracies are caused by the Company . Subscribers may also obtain from the Company the following information related to the Solar*Rewards Community Program without obtaining written consent from the Community Solar Garden Operator:  Site location  Operator name  Nameplate capacity J7, Attachment 3 Packet Page Number 176 of 199 23  Production data related to the PV system  Bill Credit Rate and total amount of Bill Credits applied to the PV System  Any other information pertaining to the Subscriber's Subscription Other information regarding the Community Solar Garden Operator known to the Company will not be disclosed unless the Subscriber obtains prior explicit informed consent from the Community Solar Garden Operator or unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. b. Information Available from the Community Solar Garden Operator Subscribers and prospective subscribers can contact the Community Solar Garden Operator to obtain the following information:  Future costs and benefits of the Subscription, including: i. All nonrecurring (i.e., one-time) charges; ii. All recurring charges; iii. Terms and conditions of service; iv. Whether any charges may increase during the course of service, and if so, how much advance notice is provided to the Subscriber; v. Whether the Subscriber may be required to sign a term contract; vi. Terms and conditions for early termination; vii. Any penalties that the Community Solar Garden may charge to the Subscriber; viii. The process for unsubscribing and any associated costs; ix. An explanation of the Subscriber data the Community Solar Garden Operator will share with Northern States Power Company and that Northern States Power Company will share with the Community Solar Garden Operator; x. The data privacy policies of Northern States Power Company and of the Community Solar Garden Operator; xi. The method of providing notice to Subscribers when the Community Solar Garden is out of service, including notice of estimated length and loss of production; J7, Attachment 3 Packet Page Number 177 of 199 24 xii. Assurance that all installations, upgrades and repairs will be under direct supervision of a NABCEP-certified solar professional and that maintenance will be performed according to industry standards, including the recommendations of the manufacturers of solar panels and other operational components; xiii. Allocation of unsubscribed production; and xiv. A statement that the Community Solar Garden Operator is solely responsible for resolving any disputes with Northern States Power Company or the Subscriber about the accuracy of the Community Solar Garden production and that Northern States Power Company is solely responsible for resolving any disputes with the Subscriber about the applicable rate used to determine the amount of the Bill Credit.  Copy of the contract with Northern States Power Company for the Solar*Rewards Community Program  Copy of the solar panel warranty  Description of the compensation to be paid for any underperformance  Proof of insurance  Proof of a long-term maintenance plan  Current production projections and a description of the methodology used to develop production projections  Community Solar Garden Operator contact information for questions and complaints  Demonstration to the Subscriber by the Community Solar Garden Operator that it has sufficient funds to operate and maintain the Solar*Rewards Community Program The Community Solar Garden Operator is solely responsible for the accuracy of the Subscriber's share of the Community Solar Garden production information forwarded to the Company, and should resolve with the Subscriber any dispute regarding the accuracy of such information. Subscribers can submit comments to the Company on the accuracy and completeness of its annual report by contacting solarrewardscommunity@xcelenergy.com. J7, Attachment 3 Packet Page Number 178 of 199 25 4. Data Retention The Company will retain the Subscriber's Account Information, Subscriber's Energy Usage Data and information on Bill Credits for as long as required under applicable law. J7, Attachment 3 Packet Page Number 179 of 199 26 EXHIBIT B Schedule of Expected Deliveries of Credits [pro forma; final to be provided prior to commencement of construction] Subscriber's Share (kWh) Year 1 486,910 Year 2 484,475 Year 3 482,053 Year 4 479,643 Year 5 477,245 Year 6 474,858 Year 7 472,484 Year 8 470,122 Year 9 467,771 Year 10 465,432 Year 11 463,105 Year 12 460,790 Year 13 458,486 Year 14 456,193 Year 15 453,912 Year 16 451,643 Year 17 449,384 Year 18 447,137 Year 19 444,902 Year 20 442,677 Year 21 440,464 Year 22 438,262 Year 23 436,070 Year 24 433,890 Year 25 431,720 J7, Attachment 3 Packet Page Number 180 of 199 27 Weather Adjustment Protocol for Expected Deliveries For any two-year Measurement Period respecting application of the Performance Guarantee, Expected Deliveries shall be adjusted to reflect any negative difference (shortfall) between Expected Solar Irradiation (―ESI‖) and Actual Solar Irradiation (―ASI‖). The ratio of ASI to ESI for the Measurement Period shall be applied to Expected Deliveries as a weather adjustment prior to comparing Actual Deliveries to Expected Deliveries for the purposes of the Performance Guarantee. The method of the weather adjustment is as follows. 1. The ESI for the Facility is 1390 KWh per square meter. 2. The ASI is to be determined by monthly pyranometer readings at the Facility. The monthly readings are to be averaged for each of the two calendar years in the Measurement Period. 3. The weather adjustment factor for the measurement period is the ratio of (i) ASI, determined per Step 2 of this method to (ii) ESI, determined per Step 1 of this method. The Expected Deliveries for the Measurement Period is multiplied by this factor to derive the Guaranteed Performance. J7, Attachment 3 Packet Page Number 181 of 199 28 EXHIBIT C Lender Accommodations Subscriber acknowledges that ANCSG1 will be financing the installation of the Facility either through a lessor, lender or with financing accommodations from one or more financial institutions and that ANCSG1 may sell or assign the Facility and/or may secure ANCSG1’s obligations by, among other collateral, a pledge or collateral assignment of this Agreement and a first security interest in the Facility. In order to facilitate such sale, conveyance, or financing, and with respect to any such financial institutions of which ANCSG1 has notified Subscriber in writing Subscriber agrees as follows: (a) Consent to Collateral Assignment. Provided the Financing Party has agreed in writing to recognize Subscriber’s rights under this Agreement and to not disturb any of Subscriber’s rights thereunder upon the foreclosure or conveyance in lieu thereof, Subscriber consents to either the sale or conveyance by ANCSG1 to a Financing Party that has provided financing of ANCSG1’s right, title and interest in the Facility and to this Agreement. (b) Notices of Default. Subscriber will deliver to the Financing Party, concurrently with delivery thereof to ANCSG1, a copy of each notice of default given by Subscriber under the Agreement, inclusive of a reasonable description of ANCSG1 default. Subscriber will not mutually agree with ANCSG1 to terminate the Agreement without the written consent of the Financing Party. (c) Rights Upon Event of Default. Notwithstanding any contrary term of this Agreement, during the continuation of an event of default by ANCSG1 under its agreements with Financing Party, provided that the Financing Party has agreed in writing to recognize Subscriber’s rights under the Agreement and to not disturb any of Subscriber’s rights thereunder: i. The Financing Party, as collateral assignee, shall be entitled to exercise, in the place and stead of ANCSG1, any and all rights and remedies of ANCSG1 under this Agreement in accordance with the terms of this Agreement and the Financing Party shall also be entitled to exercise all rights and remedies of secured parties generally with respect to this Agreement. ii. The Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of ANCSG1 thereunder or cause to be cured any default of ANCSG1 thereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of ANCSG1 under this Agreement or (unless the Financing Party has succeeded to ANCSG1’s interests under this Agreement) to perform any act, duty or obligation of ANCSG1 under this Agreement, but Subscriber hereby gives it the option to do so. iii. Upon the exercise of remedies under its security interest in the Facility, including any sale thereof by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from ANCSG1 to the Financing Party (or any assignee of the Financing Party). Any such exercise shall not constitute a default under this Agreement. J7, Attachment 3 Packet Page Number 182 of 199 29 iv. Upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to ANCSG1 under the United States Bankruptcy Code, at the request of the Financing Party made within ninety (90) days of such termination or rejection, Subscriber shall enter into a new agreement with the Financing Party or its assignee having the same terms and conditions as this Agreement. (d) Right to Cure. i. Except for termination pursuant to Section 3(a) of the Subscription Agreement in connection with a failure to achieve commercial operation by December 31, 2016, Subscriber will not exercise any right to terminate or suspend this Agreement unless it shall have given the Financing Party prior written notice by sending notice to the Financing Party (at the address provided by ANCSG1) of its intent to terminate or suspend this Agreement, specifying the condition giving rise to such right, and the Financing Party shall not have caused to be cured the condition giving rise to the right of termination or suspension within thirty (30) days after such notice or (if longer) the periods provided for in this Agreement. The Parties respective obligations will otherwise remain in effect during any cure period; provided that if such ANCSG1 default reasonably cannot be cured by the Financing Party within such period and the Financing Party commences and continuously pursues cure of such default within such period, such period for cure will be extended for a reasonable period of time under the circumstances, such period not to exceed additional sixty (60) days. ii. If the Financing Party (including any transferee), pursuant to an exercise of remedies by the Financing Party, shall acquire title to or control of ANCSG1’s assets and shall, within the time periods described in Sub-section (d)(i) above, cure all defaults under this Agreement existing as of the date of such change in title or control in the manner required by this Agreement and which are capable of cure by a third person or entity, then such person or entity shall no longer be in default under this Agreement, and this Agreement shall continue in full force and effect. *** 53116334 J7, Attachment 3 Packet Page Number 183 of 199 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 55435| P 952.988.9000 | F 952.988.9001 www.geronimoenergy.com/solargardens The City of Maplewood Solar Rewards Cost Savings Analysis June 15, 2016 XCEL ENERGY SOLAR*REWARDS PROGRAM OVERVIEW In 2013, Minnesota State legislation directed Minneapolis-based utility, Xcel Energy, to create a program for community solar gardens (Minnesota Statute # 216b.1641). Xcel named the program the Xcel Energy Solar*Rewards Program, and it is overseen by the state’s Public Utilities Commission. A community solar garden is a centralized, shared solar project connected to the energy grid that has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill based upon the production of the solar facility and their subscription share of that facility. Xcel Energy Program Rules (apply to all community solar garden developments)  Eligible gardens are up to 1 MW, and up to five gardens may be located next to one another.  The program is limited to Xcel Energy electric customers in the state of Minnesota.  Subscribers must be located within the same county, or within an adjacent county, to the subscribed solar garden location(s).  Each subscriber may be allocated up to 40% of a single community solar garden.  There is a minimum requirement of 5 subscribers per solar garden. ABOUT GERONIMO ENERGY (Site Development) Geronimo Energy is a North American utility-scale wind and solar development company based in Minneapolis, Minnesota. Geronimo has developed over 1,500 megawatts of contracted wind farms and solar projects throughout the United States and has a pipeline of projects that boast an aggregate nameplate capacity exceeding 3,000 megawatts of clean energy – roughly enough to power one million American homes. Geronimo solar projects provide clean electricity to utilities and other large energy consumers. Recent Geronimo Energy solar developments include the multi-store Slumberland Furniture installation and the internationally recognized Aurora Utility-Scale Distributed Solar Generation Project. ABOUT BHE RENEWABLES (Construction and Operations) Berkshire Hathaway Energy is an $80 billion portfolio of locally managed businesses, including BHE Renewables that share a vision for the energy future. These businesses deliver affordable, safe and reliable service each day to more than 11.5 million electric and gas customers and end-users around the world and consistently rank high among energy companies in customer satisfaction. Berkshire Hathaway Energy is headquartered in Des Moines, Iowa, U.S.A. BHE Renewables owns solar, wind, geothermal and hydro projects that produce energy for both the wholesale market and for customers under long-term power purchase agreements. BHE Solar, a division of BHE Renewables, owns 1,271 megawatts of solar-powered generation. COMMUNITY SOLAR GARDENS Geronimo Energy, on behalf of BHE Renewables, is actively working with and seeking subscribers. Like all Minnesota community solar garden developments, the energy produced by BHE Renewables’ solar gardens will be delivered to Xcel’s local distribution system under Xcel Solar*Rewards Community program. BHE Renewables provides a complete set of services to guarantee a superior level of service and reliability for subscribers. Subscribers under Geronimo’s community solar garden program are ensured smooth implementation and operation of community solar garden projects, including subscription management, real-time solar production monitoring, and lifetime maintenance and facility upkeep. J, Attachment 4 Packet Page Number 184 of 199 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 55435| P 952.988.9000 | F 952.988.9001 www.geronimoenergy.com/solargardens **These solar gardens are offered by BHE Renewables, not Xcel Energy. Xcel Energy is not affiliated or otherwise legally asso ciated with BHE Renewables and your subscription contract, and all terms and conditions are with BHE Renewables, not with Xcel Energy. Garden Argo Navis 1 Argo Navis 2 Argo Navis 3 Annual Total Year 1 4,869.10$ 4,869.10$ 4,869.10$ 14,607.30$ Year 2 4,844.75$ 4,844.75$ 4,844.75$ 14,534.26$ Year 3 4,820.53$ 4,820.53$ 4,820.53$ 14,461.59$ Year 4 4,796.43$ 4,796.43$ 4,796.43$ 14,389.28$ Year 5 4,772.45$ 4,772.45$ 4,772.45$ 14,317.34$ Year 6 4,748.58$ 4,748.58$ 4,748.58$ 14,245.75$ Year 7 4,724.84$ 4,724.84$ 4,724.84$ 14,174.52$ Year 8 4,701.22$ 4,701.22$ 4,701.22$ 14,103.65$ Year 9 4,677.71$ 4,677.71$ 4,677.71$ 14,033.13$ Year 10 4,654.32$ 4,654.32$ 4,654.32$ 13,962.97$ Year 11 4,631.05$ 4,631.05$ 4,631.05$ 13,893.15$ Year 12 4,607.90$ 4,607.90$ 4,607.90$ 13,823.69$ Year 13 4,584.86$ 4,584.86$ 4,584.86$ 13,754.57$ Year 14 4,561.93$ 4,561.93$ 4,561.93$ 13,685.79$ Year 15 4,539.12$ 4,539.12$ 4,539.12$ 13,617.37$ Year 16 4,516.43$ 4,516.43$ 4,516.43$ 13,549.28$ Year 17 4,493.84$ 4,493.84$ 4,493.84$ 13,481.53$ Year 18 4,471.37$ 4,471.37$ 4,471.37$ 13,414.12$ Year 19 4,449.02$ 4,449.02$ 4,449.02$ 13,347.05$ Year 20 4,426.77$ 4,426.77$ 4,426.77$ 13,280.32$ Year 21 4,404.64$ 4,404.64$ 4,404.64$ 13,213.92$ Year 22 4,382.62$ 4,382.62$ 4,382.62$ 13,147.85$ Year 23 4,360.70$ 4,360.70$ 4,360.70$ 13,082.11$ Year 24 4,338.90$ 4,338.90$ 4,338.90$ 13,016.70$ Year 25 4,317.20$ 4,317.20$ 4,317.20$ 12,951.61$ 25 Year Total 114,696.28$ 114,696.28$ 114,696.28$ 344,088.85$ PROGRAM BENEFITS FOR SUBSCRIBERS  No upfront investment or future capital requirements.  Annual energy savings through a simple, straight-forward pricing structure.  Xcel Energy remains your electricity provider.  Our subscriptions are transferable.  Work with one of the nation’s best and most landowner-friendly development companies.  Support renewable energy.  Keep your energy dollars’ local.  Our projects are real – advanced site control, permitting, and interconnection.  No maintenance or overhead - each solar facility is professionally maintained. PROGRAM BENEFITS FOR THE CITY MAPLEWOOD  There are (3) 1MW gardens open for new subscriptions within your County or adjacent Counties.  Your average annual usage is 2,533,729 kWh.  Subscribing to the remaining capacity of each garden available to you will allow you to offset 1,460,730 kWh.  First Year savings of $14,607.30 – at one penny ($0.01) per kWh.  25 year savings of $344,088.85 – including a slight degradation factor at one half of one percent (0.5%) per year. COMMUNITY SOLAR REWARDS PROGRAM COST SAVINGS *Solar garden electric savings analysis is an estimate only. Variations will depend upon amount of allocation, available gardens, space in available gardens, permit approvals from cities and counties, interconnection agreement with Xcel Energy, and terms agreed upon with financial partner. J, Attachment 4 Packet Page Number 185 of 199 J, Attachment 5 Packet Page Number 186 of 199 Minnesota Community Solar Gardens J7, Attachment 6Packet Page Number 187 of 199 COMPANY BACKGROUNDS J7, Attachment 6Packet Page Number 188 of 199 •A LEADING RENEWABLE DEVELOPMENT COMPANY o Over 1,500 MW of wind and solar developed and in operation or currently under construction with leading customers and partners o Experienced team of development professionals with successful development throughout the country and multiple markets • MINNESOTA COMMUNITY SOLAR GARDENS o Geronimo to provide site development, permitting and subscription marketing for approximately 100 community solar gardens in partnership with BHE Renewables 3 Geronimo Energy Proprietary and Confidential J7, Attachment 6Packet Page Number 189 of 199 BHE Renewables 4 •A LEADING RENEWABLE ENERGY COMPANY o BHE Renewables owns solar, wind, hydro and geothermal projects that produce over 3,000 MW of renewable energy in 7 States. •SOLAR PIONEER o BHE Renewables owns 1,271 MW of solar generation, including the largest solar power plant in the United States (550 MW Topaz project in California) • MINNESOTA COMMUNITY SOLAR GARDENS o BHE Renewables is to construct, own and operate approximately 100 community solar gardens and provide subscription agreements for 100 MW of net generating capacity. Proprietary and Confidential J7, Attachment 6Packet Page Number 190 of 199 OVERVIEW AND BACKGROUND MINNESOTA COMMUNITY SOLAR GARDEN PROGRAM J7, Attachment 6Packet Page Number 191 of 199 **These solar gardens are offered by Geronimo Energy and BHE Renewables , not Xcel Energy. Xcel Energy is not affiliated or otherwise legally associated with Geronimo Energy and your subscription contract, and all terms and conditions are with Geronimo Energy, not with Xcel Energy. Xcel Energy’s Solar*Rewards Community enables the solar garden to connect to our electricity system to deliver the solar energy to all of our customers, and makes it possible for you to receive payment for your subscription’s energy through a credit on your monthly Xcel Energy bill. Rules for Xcel Energy Solar*Rewards Community Program 6 •Authorized by MN Statute 216b.1641 •Project must be in Xcel Energy service territory •Eligible gardens are up to 1 megawatt (MW) •40% maximum ownership limit of each individual garden by any one subscriber •Minimum of 5 subscribers per garden •Subscribers must be located within same the county, or within an adjacent county, to the solar garden location. Proprietary and Confidential J7, Attachment 6Packet Page Number 192 of 199 Community Solar Garden Subscriptions – How Do They Work? 7 Proprietary and Confidential J7, Attachment 6Packet Page Number 193 of 199 SUBSCRIPTION DETAILS J7, Attachment 6Packet Page Number 194 of 199 Community Solar Garden Transaction Structure •NO UPFRONT INVESTMENT IS REQUIRED FROM SUBSCRIBER •SUBSCRIBER WILL SUBSCRIBE FOR UP TO A 40% SHARE IN ONE OR MORE INDIVIDUAL 1 MW GARDENS •25-YEAR SOLAR GARDEN SUBSCRIPTION AGREEMENT o Price set at Solar Garden Credit Rate (Xcel’s Applicable Retail Rate) Minus 1.0 cent/kilowatt hour (kWh) Example: 1st year Solar Garden Rate of 11.5 cents/kWh (credit on Customer bill) Solar Power Purchase Agreement for that year would be 10.5 cents/kWh Ensures 1.0 cent/kWh savings for Customer •TRANSFERRABLE TO OTHER SUBSCRIBER FACILITIES OR ENTITIES SHOULD SUBSCRIBER CHANGE LOCATIONS OR CLOSE A STORE/FACILITY •BHE RENEWABLES WILL BEAR DEVELOPMENT, CONSTRUCTION AND OPERATIONAL COST RISK OF THE PROJECT o Will align incentives to maximize solar generation 9 Proprietary and Confidential J7, Attachment 6Packet Page Number 195 of 199 Example of Subscriber Monthly Bill Credit 10 Amount Due to Xcel = $2,100.00 Amount Due to BHE Ren. = $6,300.00 Total Payment = $8,400.00 Savings = $600.00 Proprietary and Confidential J7, Attachment 6Packet Page Number 196 of 199 Contacts 11 LEE BJERK SOLAR GARDEN REPRESENTATIVE O 952.988.9000 LEE@GERONIMOENERGY.COM DOUG WESTER SOLAR GARDEN MANAGER O 952.988.9000 DOUG@GERONIMOENERGY.COM ERIC BESSELING VP BUSINESS DEVELOPMENT, BHE O 760.550.8726 EBESSELING@BHERENEWABLES.COM WWW.GERONIMOENERGY.COM/SOLARGARDENS WWW.BHERENEWABLES.COM Proprietary and Confidential J7, Attachment 6Packet Page Number 197 of 199 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 55435| P 952.988.9000 | F 952.988.9001 www.geronimoenergy.com/solargardens The City of Maplewood Solar Rewards Cost Savings Analysis June 15, 2016 XCEL ENERGY SOLAR*REWARDS PROGRAM OVERVIEW In 2013, Minnesota State legislation directed Minneapolis-based utility, Xcel Energy, to create a program for community solar gardens (Minnesota Statute # 216b.1641). Xcel named the program the Xcel Energy Solar*Rewards Program, and it is overseen by the state’s Public Utilities Commission. A community solar garden is a centralized, shared solar project connected to the energy grid that has multiple subscribers. Each subscriber receives a credit on their Xcel Energy electric bill based upon the production of the solar facility and their subscription share of that facility. Xcel Energy Program Rules (apply to all community solar garden developments)  Eligible gardens are up to 1 MW, and up to five gardens may be located next to one another.  The program is limited to Xcel Energy electric customers in the state of Minnesota.  Subscribers must be located within the same county, or within an adjacent county, to the subscribed solar garden location(s).  Each subscriber may be allocated up to 40% of a single community solar garden.  There is a minimum requirement of 5 subscribers per solar garden. ABOUT GERONIMO ENERGY (Site Development) Geronimo Energy is a North American utility-scale wind and solar development company based in Minneapolis, Minnesota. Geronimo has developed over 1,500 megawatts of contracted wind farms and solar projects throughout the United States and has a pipeline of projects that boast an aggregate nameplate capacity exceeding 3,000 megawatts of clean energy – roughly enough to power one million American homes. Geronimo solar projects provide clean electricity to utilities and other large energy consumers. Recent Geronimo Energy solar developments include the multi-store Slumberland Furniture installation and the internationally recognized Aurora Utility-Scale Distributed Solar Generation Project. ABOUT BHE RENEWABLES (Construction and Operations) Berkshire Hathaway Energy is an $80 billion portfolio of locally managed businesses, including BHE Renewables that share a vision for the energy future. These businesses deliver affordable, safe and reliable service each day to more than 11.5 million electric and gas customers and end-users around the world and consistently rank high among energy companies in customer satisfaction. Berkshire Hathaway Energy is headquartered in Des Moines, Iowa, U.S.A. BHE Renewables owns solar, wind, geothermal and hydro projects that produce energy for both the wholesale market and for customers under long-term power purchase agreements. BHE Solar, a division of BHE Renewables, owns 1,271 megawatts of solar-powered generation. COMMUNITY SOLAR GARDENS Geronimo Energy, on behalf of BHE Renewables, is actively working with and seeking subscribers. Like all Minnesota community solar garden developments, the energy produced by BHE Renewables’ solar gardens will be delivered to Xcel’s local distribution system under Xcel Solar*Rewards Community program. BHE Renewables provides a complete set of services to guarantee a superior level of service and reliability for subscribers. Subscribers under Geronimo’s community solar garden program are ensured smooth implementation and operation of community solar garden projects, including subscription management, real-time solar production monitoring, and lifetime maintenance and facility upkeep. J7, Attachment 6 Packet Page Number 198 of 199 7650 EDINBOROUGH WAY, STE 725, EDINA, MN 55435| P 952.988.9000 | F 952.988.9001 www.geronimoenergy.com/solargardens **These solar gardens are offered by BHE Renewables, not Xcel Energy. Xcel Energy is not affiliated or otherwise legally asso ciated with BHE Renewables and your subscription contract, and all terms and conditions are with BHE Renewables, not with Xcel Energy. Garden Argo Navis 1 Argo Navis 2 Argo Navis 3 Annual Total Year 1 4,869.10$ 4,869.10$ 4,869.10$ 14,607.30$ Year 2 4,844.75$ 4,844.75$ 4,844.75$ 14,534.26$ Year 3 4,820.53$ 4,820.53$ 4,820.53$ 14,461.59$ Year 4 4,796.43$ 4,796.43$ 4,796.43$ 14,389.28$ Year 5 4,772.45$ 4,772.45$ 4,772.45$ 14,317.34$ Year 6 4,748.58$ 4,748.58$ 4,748.58$ 14,245.75$ Year 7 4,724.84$ 4,724.84$ 4,724.84$ 14,174.52$ Year 8 4,701.22$ 4,701.22$ 4,701.22$ 14,103.65$ Year 9 4,677.71$ 4,677.71$ 4,677.71$ 14,033.13$ Year 10 4,654.32$ 4,654.32$ 4,654.32$ 13,962.97$ Year 11 4,631.05$ 4,631.05$ 4,631.05$ 13,893.15$ Year 12 4,607.90$ 4,607.90$ 4,607.90$ 13,823.69$ Year 13 4,584.86$ 4,584.86$ 4,584.86$ 13,754.57$ Year 14 4,561.93$ 4,561.93$ 4,561.93$ 13,685.79$ Year 15 4,539.12$ 4,539.12$ 4,539.12$ 13,617.37$ Year 16 4,516.43$ 4,516.43$ 4,516.43$ 13,549.28$ Year 17 4,493.84$ 4,493.84$ 4,493.84$ 13,481.53$ Year 18 4,471.37$ 4,471.37$ 4,471.37$ 13,414.12$ Year 19 4,449.02$ 4,449.02$ 4,449.02$ 13,347.05$ Year 20 4,426.77$ 4,426.77$ 4,426.77$ 13,280.32$ Year 21 4,404.64$ 4,404.64$ 4,404.64$ 13,213.92$ Year 22 4,382.62$ 4,382.62$ 4,382.62$ 13,147.85$ Year 23 4,360.70$ 4,360.70$ 4,360.70$ 13,082.11$ Year 24 4,338.90$ 4,338.90$ 4,338.90$ 13,016.70$ Year 25 4,317.20$ 4,317.20$ 4,317.20$ 12,951.61$ 25 Year Total 114,696.28$ 114,696.28$ 114,696.28$ 344,088.85$ PROGRAM BENEFITS FOR SUBSCRIBERS  No upfront investment or future capital requirements.  Annual energy savings through a simple, straight-forward pricing structure.  Xcel Energy remains your electricity provider.  Our subscriptions are transferable.  Work with one of the nation’s best and most landowner-friendly development companies.  Support renewable energy.  Keep your energy dollars’ local.  Our projects are real – advanced site control, permitting, and interconnection.  No maintenance or overhead - each solar facility is professionally maintained. PROGRAM BENEFITS FOR THE CITY MAPLEWOOD  There are (3) 1MW gardens open for new subscriptions within your County or adjacent Counties.  Your average annual usage is 2,533,729 kWh.  Subscribing to the remaining capacity of each garden available to you will allow you to offset 1,460,730 kWh.  First Year savings of $14,607.30 – at one penny ($0.01) per kWh.  25 year savings of $344,088.85 – including a slight degradation factor at one half of one percent (0.5%) per year. COMMUNITY SOLAR REWARDS PROGRAM COST SAVINGS *Solar garden electric savings analysis is an estimate only. Variations will depend upon amount of allocation, available gardens, space in available gardens, permit approvals from cities and counties, interconnection agreement with Xcel Energy, and terms agreed upon with financial partner. J7, Attachment 6 Packet Page Number 199 of 199