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2016 08-08 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 08, 2016 City Hall, Council Chambers Meeting No. 15-16 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 the July 25, 2016 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Approval of Resolution for Commission and Board Appointments b. Council Calendar Update c. Recognition of Service of K-9 Team – Officer Tony Gabriel and K-9 Yoda 2. Council Presentations 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 Temporary Lawful Gambling - Local Permit for the Church of St Jerome, 380 Roselawn Ave E 3. Approval of School Resource Officer Agreement with Independent School District 622 4. Approval of Resolution Accepting Donation to Maplewood Police Reserves from Ramsey County Fair 5. Approval to Authorize Sanitary Lift Station #6 Repairs 6. Approval to Transfer Ownership of K-9 Yoda to Officer Gabriel and Family 7. Approval of Memorandum of Understanding for Interim Legal Services H. PUBLIC HEARINGS 1. Consider Approval of an Amendment to the Maplewood Rental and Owner- Occupied Housing Maintenance Ordinance 2. Consider Approval of Amendments to the Maplewood Planning and Parks and Recreation Commission Ordinances 3. Consider Approval of an Amendment to the Maplewood Zoning Ordinance Regarding Temporary Accessory Dwelling Units I. UNFINISHED BUSINESS 1. Consider Approval of Bond Resolutions a. Approval of Resolution Authorizing the Issuance and Awarding the Sale of General Obligation Bonds 2016A b. Approval of Resolution Authorizing the Issuance and Awarding the Sale of General Obligation Refunding Bonds 2016B J. NEW BUSINESS 1. Consider Approval of the Publication of the Draft Environmental Assessment Worksheet (EAW) for 3M Company 2. Consider Approval of Improvements to the MCC and Authorize a Commission Study for Locker Rooms HVAC Systems K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the 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 appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council mem bers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 July 25, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 25, 2016 City Hall, Council Chambers Meeting No. 14-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Acting Mayor Xiong. B. PLEDGE OF ALLEGIANCE Ryan Klontz, Boy Scout with Troop 9071 led the council in the pledge of allegiance. C. ROLL CALL Nora Slawik, Mayor Absent Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Absent Tou Xiong, Councilmember Present – Acting Mayor D. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of July 11, 2016 City Council Workshop Minutes Councilmember Abrams moved to approve the July 11, 2016 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of July 11, 2016 City Council Meeting Minutes Councilmember Abrams moved to approve the July 11, 2016 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. Packet Page Number 1 of 192 E1 July 25, 2016 2 City Council Meeting Minutes 3. Approval of July 18, 2016 Special City Council Meeting Minutes Councilmember Juenemann moved to approve the July 18, 2016 Special City Council Meeting Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update Assistant City Manager Funk gave the update to the council calendar. 2. Council Presentations None G. CONSENT AGENDA Councilmember Abrams moved to pulled agenda item G7 Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Abrams moved to approve consent agenda items G1-G6 and G8-G12. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 337,345.26 Checks #97570 thru #97602 dated 06/24/16 thru 07/05/16 $ 259,075.18 Disbursements via debits to checking account dated 06/27/16 thru 07/01/16 $ - No checks this period $ 499,788.67 Disbursements via debits to checking account dated 07/05/16 thru 07/08/16 Packet Page Number 2 of 192 E1 July 25, 2016 3 City Council Meeting Minutes $ 280,936.17 Checks #97604 thru # 97669 dated 07/19/16 $ 231,719.91 Disbursements via debits to checking account dated 07/11/16 thru 07/15/16 $ 1,608,865.19 Total Accounts Payable PAYROLL $ 550,718.84 Payroll Checks and Direct Deposits dated 07/01/16 $ 1,331.53 Payroll Deduction check # 99102247 thru # 99102249 dated 07/01/16 $ 553,081.26 Payroll Checks and Direct Deposits dated 07/15/16 $ 1,789.03 Payroll Deduction check # 99102261 thru #99102264 dated 07/15/16 $ 1,106,920.66 Total Payroll $ 2,715,785.85 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of a Temporary Lawful Gambling - Local Permit for the Carver Elementary PTO, 2680 Upper Afton Road Councilmember Abrams moved to approve the Lawful Gambling - Local permit for the Carver Elementary PTO fundraising event on October 14, 2016 at Carver Elementary School, 2680 Upper Afton Road. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of a Resolution Supporting the Petition from Valley Branch Watershed District to the Board of Water and Soils Resources Requesting a Boundary Change for the Transfer of Territory Between it and its Adjacent Watershed Management Organization Councilmember Abrams moved to approve the Resolution Supporting the Petition from Valley Branch Watershed District to the Board of Water and Soil Resources, requesting a boundary change for the transfer of territory between it and its adjacent watershed management plan. Resolution 16-07-1364 Ramsey County, Minnesota A Resolution Supporting the Petition from Valley Branch Watershed District to the Board of Water and Soil Packet Page Number 3 of 192 E1 July 25, 2016 4 City Council Meeting Minutes Resources, Requesting a Boundary Change for the Transfer of Territory Between it and its Adjacent Watershed Management Organizations WHEREAS, the City of Maplewood received map figures showing the proposed changes to the Valley Branch Watershed District and Ramsey-Washington Metro Watershed District (“the Districts”) boundaries. WHEREAS, these boundary changes will make the legal boundaries of the Districts better aligned with the hydrologic boundaries that exist between the Districts within the City of Maplewood. NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood City Council concurs with the proposed legal boundary changes to the Districts. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of a Conditional Use Permit Review, Our City, Our Neighborhood Church, 1812 North Saint Paul Road Councilmember Abrams moved to approve to review the conditional use permit for the Our City, Our Neighborhood Church again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Approval of a Conditional Use Permit Review, Tubman Center East Planned Unit Development, 1725 Monastery Way Councilmember Abrams moved to approve to review the conditional use permit for the St. Paul’s Monastery again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval of a Conditional Use Permit Review, Holiday Station Store, 1285 Cope Avenue East Councilmember Abrams moved to approve to review the conditional use permit for the Holiday Station Store again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. Packet Page Number 4 of 192 E1 July 25, 2016 5 City Council Meeting Minutes 7. Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36 Councilmember Abrams moved to table this item until further information is received from Whitaker Sports and Classic Cars. Seconded by Councilmember Juenemann Ayes – All The motion passed. 8. Approval of a Conditional Use Permit Review, Maplewood Collision Center, 2020 Rice Street Councilmember Abrams moved to approve to review the conditional use permit for Maplewood Collision Center again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 9. Approval of a Conditional Use Permit Review, The Shores at Lake Phalen, 1870 East Shore Drive Councilmember Abrams moved to approve to review the conditional use permit for The Shores at Lake Phalen again only if a problem arises or a major change is proposed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 10. Approval of Resolution Approving Final Payment and Acceptance of Project, East Metro Public Safety Training Center, Bid Package 3, City Project 09-09 Councilmember Abrams moved to approve the Resolution Approving Final Payment and Acceptance of Project for the East Metro Public Safety Training Center Phase 1 Bid Package 3 Improvements, City Project 09-09. Resolution 16-07-1365 Approving Final Payment and Acceptance of Project Project 09-09 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-09, East Metro Public Safety Training Center Phase I Bid Package 3 Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the Public Works Director for the City of Maplewood has determined that the East Metro Public Safety Training Center, Phase 1 Bid Package 3 Improvements, City Project 09-09 is complete and recommends acceptance of the project. Packet Page Number 5 of 192 E1 July 25, 2016 6 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: City Project 09-09, East Metro Public Safety Training Center, Phase 1 Bid Package 3 Improvements is complete and maintenance of these improvements is accepted by the city; the final construction cost is $776,294.68. Final payment to Miller Excavating, Inc., and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All The motion passed. 11. Approval of Resolution Approving Final Payment and Acceptance of Project, East Metro Public Safety Training Center, Bid Package 5B, City Project 09-09 Councilmember Abrams moved to approve the Resolution Approving Final Payment and Acceptance of Project for the East Metro Public Safety Training Center Phase 1 Bid Package 5B Improvements, City Project 09-09. Resolution 16-07-1366 Approving Final Payment and Acceptance of Project Project 09-09 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-09, East Metro Public Safety Training Center Phase I Bid Package 5B Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the Public Works Director for the City of Maplewood has determined that the East Metro Public Safety Training Center, Phase 1 Bid Package 5B Improvements, City Project 09-09 is complete and recommends acceptance of the project. WHEREAS, it is also now necessary and expedient that said contract be modified and designated as Improvement Project 09-09, Change Order No. 1 reflecting a downward adjustment in the contract to $938,303.00, from $943,366.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor and City clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is a decrease of $5,063.00. The revised contract amount is $938,303.00. 2. City Project 09-09, East Metro Public Safety Training Center, Phase 1 Bid Package 5B Improvements is complete and maintenance of these improvements is accepted by the city; the final construction cost is Packet Page Number 6 of 192 E1 July 25, 2016 7 City Council Meeting Minutes $938,303.00. Final payment to Terra General Contractors and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All The motion passed. 12. Approval of Resolution Approving Final Payment and Acceptance of Project, East Metro Public Safety Training Center, Bid Package 5C, City Project 09-09 Councilmember Abrams moved to approve the Resolution Approving Final Payment and Acceptance of Project for the East Metro Public Safety Training Center Phase 1 Bid Package 5C Improvements, City Project 09-09. Resolution 16-07-1367 Approving Final Payment and Acceptance of Project Project 09-09 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-09, East Metro Public Safety Training Center Phase I Bid Package 5C Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the Public Works Director for the City of Maplewood has determined that the East Metro Public Safety Training Center, Phase 1 Bid Package 5C Improvements, City Project 09-09 is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. City Project 09-09, East Metro Public Safety Training Center, Phase 1 Bid Package 5C Improvements is complete and maintenance of these improvements is accepted by the city; the final construction cost is $327,981.00. Final payment to Terra General Contractors, and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS None J. NEW BUSINESS Packet Page Number 7 of 192 E1 July 25, 2016 8 City Council Meeting Minutes 1. Consider Approval of Adopting Resolution of Support for Grant Application for Storm Water Quality Improvements within Wakefield Park and Frost Avenue from English Street to White Bear Avenue (Gladstone Phase 3 Corridor) Public Works Director Thompson gave the staff report and answered questions of the council. Councilmember Abrams moved to approve the Resolution of Support for CWF Grant Application for Storm Water Quality Improvements within Wakefield Park and Frost Avenue from English Street to White Bear Avenue (Gladstone Phase 3 Corridor). Resolution 16-07-1368 Resolution of Support for Grant Application for Storm Water Quality Improvements within Wakefield Park and Frost Avenue from English Street to White Bear Avenue (Gladstone Phase 3 Corridor) WHEREAS, the City Council of Maplewood, Minnesota has supported improvements along the Frost Avenue corridor through infrastructure and stormwater treatment enhancements from Highway 61 to English Street as part of Phase 1 and Phase 2 projects, and WHEREAS, Wakefield Lake is an impaired waterbody and additional stormwater enhancements are needed along the eastern portion of Frost Avenue to further improve the quality of water entering said waterbody, and WHEREAS, the Ramsey Washington Metro Watershed District is applying for fiscal year 2017 Clean Water Fund Competitive Grant funds to improve and enhance the quality of water entering Wakefield Lake. WHEREAS, water quality enhancement work, if the grant is successful, would implement additional stormwater enhancements within Wakefield Park and along Frost Avenue as part of a Phase 3 holistic improvement project as identified in the City of Maplewood’s 2017-2021 Capital Improvement Plan, Project PW 17.070, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Council hereby supports the grant submittal by Ramsey Washington Metro Watershed District for Clean Water Funds as part of the Fiscal Year 2017 solicitation. Seconded by Councilmember Juenemann Ayes – All The motion passed. K. AWARD OF BIDS 1. Consider Resolution Receiving Bids and Awarding Construction Contract, Chiller Replacement at City Hall Building, Project 16-08 Public Works Director Thompson gave the staff report and answered questions of the council. Packet Page Number 8 of 192 E1 July 25, 2016 9 City Council Meeting Minutes Councilmember Abrams moved to approve the Resolution for Receiving Bids and Awarding Construction Contract for the Chiller Replacement at City Hall, City Project 16- 08, to Cool Air Mechanical, Inc. in the amount of $324,800.00. Resolution 16-07-1369 Receiving BIDs and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Cool Air Mechanical, Inc. in the amount of $324,800.00 is the lowest responsible bid for the construction of the chiller replacement improvements, City Project 16-08, at city hall, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Furthermore, a budget of $500,000.00 is hereby established through CIP Bonds, and the Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan to finance said project. Seconded by Councilmember Juenemann Ayes – All The motion passed. L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. Ryan Klontz, Boy Scout with Troop 9071 addressed and informed the council he attended the City Council Meeting to work on his Citizenship in the Community Merit Badge and Communications. M. ADJOURNMENT Acting Mayor Xiong adjourned the meeting at 7:29 p.m. Packet Page Number 9 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Lois Knutson, Senior Administrative Assistant DATE: August 3, 2016 SUBJECT: Resolution Approving Commission & Board Appointments Introduction Currently there is one opening on the Planning Commission and one opening on the Housing & Economic Development Commission. The openings are due to resignations and term expirations. The City has advertised and accepted applications from interested individuals. The City Council then interviewed the candidates for the commissions and filled out ballots during the Workshop prior to this meeting. Staff has tallied the ballots. Recommendation Staff recommends the City Council approve the attached resolution to appoint the candidates to the commissions indicated. Planning Commission (one opening) John Eads or Benosi Maduka term expires December 31, 2018 Housing & Economic Development Commission (one opening) Patricia Krageland or Benosi Maduka term expires April 30, 2019 *Note: Recommendation will be modified to reflect the Council votes. Attachment: 1.Resolution for Appointments F1a Packet Page Number 10 of 192 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Planning Commission (one opening) John Eads or Benosi Maduka term expires December 31, 2018 Housing & Economic Development Commission (one opening) Patricia Krageland or Benosi Maduka term expires April 30, 2019 *Note: Recommendation will be modified to reflect the Council votes. F1a, Attachment 1 Packet Page Number 11 of 192 F1b MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: August 3, 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. August 15 th a.Workshop: 2017 Budget Presentations (EEDD, Parks & Recreation, Public Works, and Citizen Services) 2.August 22nd a.Workshop: 2017 Budget Presentations (Public Safety and Fire/EMS) 3.September 12th a.Workshop: Finish Budget Presentations, if necessary b.Council Meeting: Set Preliminary Tax Levy Budget Impact None Recommendation No action required. Attachments None. Packet Page Number 12 of 192 MEMORANDUM TO: FROM: DATE: SUBJECT: Melinda Coleman, City Manager Paul Schnell, Chief of Police August 2, 2016 Recognition of Service of K-9 Team – Officer Tony Gabriel and K-9 Yoda Introduction In recognition of 9 years of service to the people of Maplewood and in honor of his retirement from service, Police K-9 “Yoda” shall be presented the department’s Meritorious Service Award. Background Officer Tony Gabriel and K-9 “Yoda” began their partnership in service to the City of Maplewood on March 5, 2007. In the 9 years since, Yoda and Officer Gabriel were responsible for the apprehension of numerous criminal suspects, and the execution of countless building and evidence searches. Thieir partnership increased community safety and deepend community engagement benefitting those who live, work, and visit Maplewood. Budget Impact No adverse budgetary impact. Recommendation Information only. Attachments 1.Award Certificate F1c Packet Page Number 13 of 192 MaplBwoon PotrcB DBpeRrunNr frlerftorto us sefif ce thur[ PR.ESENTED'I'O Por-,rcn K-9 ttYoTrA" IN RECOCNITION OT YOUR DEDICATED SERVICE PARTNERSHIP WITH YOUR HANDLER, MAPLEwooD PoLICE oFFIcER ToNY GABRIEL. THIs INcREDIBLE 9-YEAR PARINERsHIP INCREASED CoMMUNITY SAI.ETY & DEEPENED COMMUNITY ENOAGEMENT BENEFITING 'I'tIOSti WHO LIVI', WORK, AND VISIT MAPLEwooD. AwARDBD oN AuGUsr' 8, 2016 AUL P. SCHNEI,L, CHIEF oF PoLICE ;rtll,tl (..(, ',,rrrirrrrt \ F1c, Attachment 1Packet Page Number 14 of 192 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 537,799.74$ Checks # 97670 thru # 97707 dated 07/26/16 490,524.24$ Disbursements via debits to checking account dated 07/18/16 thru 07/22/16 783,666.08$ Checks #97708 thru #97749 dated 07/25/16 thru 08/02/16 516,821.35$ Disbursements via debits to checking account dated 07/25/16 thru 07/29/16 2,328,811.41$ Total Accounts Payable 556,417.92$ Payroll Checks and Direct Deposits dated 07/29/16 490.00$ Payroll Deduction check # 99102273 dated 07/29/16 556,907.92$ Total Payroll 2,885,719.33$ 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 August 2, 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 15 of 192 Check Description Amount 97670 04206 ATTORNEY SERVICES - AUG 1ST - 5TH 1,739.15 97671 03759 SOAP & NOZZLE REPLACE-1902 WASHBAY 197.35 97672 00687 HANGER/STORM TREE TRIMMING 1,500.00 00687 REMOVE BLVD ASH 184 BELLWOOD 550.00 00687 REMOVE BLVD TREE 2399 STANDRIDGE 350.00 00687 HANGER TRIMMING-2951 FURNESS 250.00 00687 TREE TRIMMING 3009 LAKEWOOD DR 250.00 00687 TREE TRIMMING-ROAD 1899 PHALEN 220.00 97673 00985 WASTEWATER - AUGUST 253,253.08 97674 04316 WORKFORCE DIRECTOR - 2ND QTR 2016 1,960.00 04316 AUTO PAWN SYSTEM - JUNE 868.50 97675 01819 LOCAL PHONE SERVICE 06/15 - 07/14 720.62 97676 01337 911 DISPATCH SERVICES - JUNE 30,236.58 01337 CAD SERVICES - JUNE 5,995.67 01337 FLEET SUPPORT FEES - JUNE 461.76 01337 FLEET SUPPORT FEES - JUNE 421.20 97677 05488 PREMIUM - LIFE,LTD,STD - JULY 7,873.79 97678 05305 CONTRACT 500-0371083 639.36 05305 CONTRACT 500-0371999 439.78 05305 CONTRACT 500-0395052 100.01 05305 CONTRACT 500-0349366 64.15 05305 CONTRACT 500-0373496 64.15 05305 CONTRACT 500-0395065 64.15 05305 CONTRACT 500-0380041 42.42 97679 04192 EMS BILLING - JUNE 4,365.00 97680 01750 MDSE FOR RESALE 279.59 97681 05630 2016 RACIAL EQUALITY PARTICIPATION 10,000.00 05630 NEEDS ASSESSMENT FOR P&R/MEETING 4,000.00 97682 00100 CHARGER ADAPTER 843.00 97683 04848 MONTHLY PREMIUM - AUGUST 269.81 97684 00230 ROCK FOR NATURE CENTER TRAILS 1,422.79 97685 02679 EXTERIOR / INTERIOR IMPOUND FENCE 7,505.00 97686 00354 SNAP ROLLER PLUNGER-TRUCK PART 34.25 97687 04846 MEDICAL SUPPLIES 916.42 97688 05642 TRAINING CENTER SERVICE CONTRACT 3,986.00 97689 00393 ELEVATOR OPERATIONAL PERMIT PW 100.00 00393 PRESSURE VESSEL 1810 E CNTY RD B 20.00 97690 00857 CLERKS CONFERENCE - D SCHMIDT 250.00 97691 03818 MONTHLY PREMIUM - AUGUST 171,890.24 97692 01175 MONTHLY UTILITIES - JUNE 3,676.50 01175 FIBER OPTIC ACCESS CHG - JULY 1,000.00 97693 05356 VIDEOGRAPHER SRVS - JUNE 961.40 97694 00001 DEPT OF VET AFFAIRS - TRANS MEDIC 2,772.59 97695 00001 REFUND S MOREHEAD - DANCE MCC 20.00 97696 00001 DEPT OF VET AFFAIRS - TRANS MEDIC 17.57 97697 01225 FILL HOSE FOR STREET SWEEPER 212.10 97698 00396 SRVS (CJDN) PROVIDED TO PD-2ND QTR 1,920.00 97699 05338 WASTE & RECYCLING SRVS - JULY 1,035.20 97700 02001 PHONE SERVICE - JUNE 2,859.49 97701 01578 SUPPLIES 1,809.20 97702 05600 LOCKER DOOR PARTS 409.73 97703 01669 FORFEITED VEHICLE TOWING - JUNE 2,210.00 97704 01698 2ND QTR PMT 2016 355.00 97705 04357 BIOMEDICAL SERVICE 931.50 97706 05525 DEER CONTROL SRVS-FINAL PMT 2016 3,209.39 97707 05013 INSPECTION OF THERMODYNE UNIT 256.25 07/26/2016 OSWALD HOSE & ADAPTERS 07/26/2016 MN DEPT OF PUBLIC SAFETY 07/26/2016 REPUBLIC SERVICES #923 07/26/2016 CITY OF ROSEVILLE USDA, APHIS, GENERAL 07/26/2016 T R F SUPPLY CO. 07/26/2016 THE LOCKER GUY, LLC 07/26/2016 TWIN CITIES TRANSPORT & 07/26/2016 GREATER TWIN CITIES UNITED WAY 07/26/2016 UNIVERSAL HOSPITAL SRVS, INC. 07/26/2016 07/26/2016 MEDICA 07/26/2016 CITY OF NORTH ST PAUL 07/26/2016 CITY OF NORTH ST PAUL 07/26/2016 NORTH SUBURBAN ACCESS CORP 07/26/2016 ONE TIME VENDOR 07/26/2016 CENTURY FENCE CO 07/26/2016 CUSTOM FIRE APPARATUS, INC. 07/26/2016 HEALTHEAST 07/26/2016 KFT FIRE TRAINER, LLC 07/26/2016 MN DEPT OF LABOR & INDUSTRY 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) 07/26/2016 TRANS-MEDIC 07/26/2016 THE WATSON CO INC 07/26/2016 AMHERST H. WILDER FOUNDATION 07/26/2016 CITY OF MINNEAPOLIS RECEIVABLES 07/26/2016 PAETEC 07/26/2016 RAMSEY COUNTY-PROP REC & REV 07/26/2016 RAMSEY COUNTY-PROP REC & REV 07/26/2016 RAMSEY COUNTY-PROP REC & REV 07/26/2016 HUGO'S TREE CARE INC 07/26/2016 HUGO'S TREE CARE INC 07/26/2016 HUGO'S TREE CARE INC 07/26/2016 HUGO'S TREE CARE INC 07/26/2016 HUGO'S TREE CARE INC Check RegisterCity of Maplewood 07/21/2016 Date Vendor 07/26/2016 H A KANTRUD 07/26/2016 HOTSYMINNESOTA.COM 07/26/2016 YALE MECHANICAL LLC 537,799.74 38 Checks in this report. 07/26/2016 ONE TIME VENDOR 07/26/2016 AMHERST H. WILDER FOUNDATION 07/26/2016 ANCOM COMMUNICATIONS INC 07/26/2016 RAMSEY COUNTY-PROP REC & REV 07/26/2016 AVESIS 07/26/2016 BRYAN ROCK PRODUCTS, INC. 07/26/2016 MN DEPT OF LABOR & INDUSTRY 07/26/2016 LEAGUE OF MINNESOTA CITIES 07/26/2016 ONE TIME VENDOR 07/26/2016 HUGO'S TREE CARE INC 07/26/2016 METROPOLITAN COUNCIL 07/26/2016 CITY OF MINNEAPOLIS RECEIVABLES 07/26/2016 SUN LIFE FINANCIAL 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) 07/26/2016 TOSHIBA FINANCIAL SERVICES (1) G1, Attachments Packet Page Number 16 of 192 Settlement Date Payee Description Amount 7/18/2016 MN State Treasurer Drivers License/Deputy Registrar 27,397.14 7/18/2016 US Bank VISA One Card*Purchasing card items 49,707.65 7/18/2016 MN Dept of Revenue Sales Tax 8,561.00 7/18/2016 U.S. Treasurer Federal Payroll Tax 107,170.45 7/18/2016 P.E.R.A.P.E.R.A.106,956.28 7/18/2016 Empower - State Plan Deferred Compensation 32,000.00 7/18/2016 MidAmerica HRA Flex plan 13,829.26 7/18/2016 Labor Unions Union Dues 4,154.42 7/18/2016 MN State Treasurer State Payroll Tax 21,740.87 7/19/2016 MN State Treasurer Drivers License/Deputy Registrar 43,097.22 7/19/2016 MN Dept of Revenue Fuel Tax 375.92 7/20/2016 MN State Treasurer Drivers License/Deputy Registrar 26,827.19 7/20/2016 Delta Dental Dental Premium 2,701.32 7/21/2016 MN State Treasurer Drivers License/Deputy Registrar 24,637.74 7/22/2016 MN State Treasurer Drivers License/Deputy Registrar 18,788.19 7/22/2016 MN Dept of Natural Resources DNR electronic licenses 1,209.00 7/22/2016 Optum Health DCRP & Flex plan payments 1,370.59 490,524.24 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 17 of 192 Transaction Date Posting Date Merchant Name Transaction Amount Name 07/06/2016 07/07/2016 AUTOZONE3948 $11.08 PAUL BARTZ 07/06/2016 07/08/2016 MENARDS MAPLEWOOD MN $4.25 PAUL BARTZ 06/23/2016 06/27/2016 OFFICE DEPOT #1090 $78.37 REGAN BEGGS 06/24/2016 06/27/2016 OFFICE DEPOT #1090 $13.14 REGAN BEGGS 06/29/2016 06/29/2016 PITNEY BOWES PI $828.00 REGAN BEGGS 07/01/2016 07/04/2016 OFFICE DEPOT #1090 $134.10 REGAN BEGGS 06/24/2016 07/04/2016 CENTURY HOUSE INC $913.00 CHAD BERGO 06/27/2016 06/28/2016 AMAZON MKTPLACE PMTS $62.07 CHAD BERGO 06/28/2016 06/29/2016 BUYONLINENOW.COM $802.76 CHAD BERGO 06/28/2016 06/29/2016 AMAZON MKTPLACE PMTS $134.76 CHAD BERGO 06/30/2016 07/04/2016 OFFICE DEPOT #1090 $103.96 CHAD BERGO 07/01/2016 07/04/2016 BEST BUY MHT 00000109 $364.16 CHAD BERGO 07/01/2016 07/04/2016 THE HOME DEPOT 2801 $10.68 CHAD BERGO 06/29/2016 07/01/2016 SAFARILAND, LLC $34.81 BRIAN BIERDEMAN 07/06/2016 07/07/2016 STILLWATER VETERINARY $390.00 BRIAN BIERDEMAN 07/06/2016 07/07/2016 CDNN SPORTS, INC.$393.83 BRIAN BIERDEMAN 06/30/2016 07/01/2016 USPS 26835300233402066 $22.56 OAKLEY BIESANZ 07/05/2016 07/06/2016 PETSMART INC 467 $28.83 OAKLEY BIESANZ 07/05/2016 07/06/2016 DOLLAR TREE $36.28 NEIL BRENEMAN 07/05/2016 07/06/2016 CVS/PHARMACY #01751 $40.14 NEIL BRENEMAN 06/24/2016 06/27/2016 GRUBERS POWER EQUIPMENT $39.95 TROY BRINK 06/27/2016 06/28/2016 MIKES LP GAS INC $58.43 BRENT BUCKLEY 07/06/2016 07/07/2016 THE STAR TRIBUNE CIRCULAT $14.99 SARAH BURLINGAME 06/28/2016 06/30/2016 THE HOME DEPOT 2801 $5.55 SCOTT CHRISTENSON 06/29/2016 07/01/2016 MENARDS OAKDALE MN $10.98 SCOTT CHRISTENSON 06/29/2016 07/04/2016 THE HOME DEPOT 2801 $19.53 SCOTT CHRISTENSON 06/29/2016 07/04/2016 THE HOME DEPOT 2801 $17.97 SCOTT CHRISTENSON 06/29/2016 07/04/2016 THE HOME DEPOT 2801 $30.87 SCOTT CHRISTENSON 07/05/2016 07/06/2016 VIKING ELECTRIC-CREDIT DE $15.66 SCOTT CHRISTENSON 07/05/2016 07/07/2016 MENARDS OAKDALE MN $6.99 SCOTT CHRISTENSON 07/07/2016 07/08/2016 TRANE SUPPLY-113507 $14.81 SCOTT CHRISTENSON 06/29/2016 06/30/2016 MINNESOTA COUNTY ATTORNEY $55.00 KERRY CROTTY 07/07/2016 07/08/2016 USPS 26834500133401316 $12.45 KERRY CROTTY 06/24/2016 06/27/2016 HAWKINS INC $315.00 TOM DOUGLASS 06/29/2016 06/29/2016 MSC $125.98 TOM DOUGLASS 06/29/2016 06/30/2016 ALBRECHT SIGN COMPANY $170.00 TOM DOUGLASS 06/30/2016 07/01/2016 WW GRAINGER $225.23 TOM DOUGLASS 06/30/2016 07/04/2016 THE HOME DEPOT 2801 $41.92 TOM DOUGLASS 07/01/2016 07/04/2016 TRI-DIM FILTER CORP $638.15 TOM DOUGLASS 07/01/2016 07/04/2016 THE HOME DEPOT 2801 $8.70 TOM DOUGLASS 07/02/2016 07/04/2016 MSC $64.92 TOM DOUGLASS 07/05/2016 07/07/2016 MUSKA ELECTRIC CO.$1,592.93 TOM DOUGLASS 07/06/2016 07/06/2016 SPORTSMITH $132.39 TOM DOUGLASS 07/06/2016 07/07/2016 WW GRAINGER $29.70 TOM DOUGLASS 07/07/2016 07/08/2016 NUCO2 LLC $188.58 TOM DOUGLASS 07/07/2016 07/08/2016 NUCO2 LLC $190.04 TOM DOUGLASS 07/07/2016 07/08/2016 NUCO2 LLC $195.85 TOM DOUGLASS 07/07/2016 07/08/2016 NUCO2 LLC $152.81 TOM DOUGLASS 07/07/2016 07/08/2016 NUCO2 LLC $149.05 TOM DOUGLASS 07/07/2016 07/08/2016 NUCO2 LLC $289.95 TOM DOUGLASS 06/29/2016 07/01/2016 BLADE TECH $246.00 MICHAEL DUGAS 06/27/2016 06/29/2016 MENARDS MAPLEWOOD MN $13.96 ANDREW ENGSTROM 06/29/2016 06/30/2016 AMAZON MKTPLACE PMTS $3.96 CHRISTINE EVANS 07/01/2016 07/01/2016 AMAZON MKTPLACE PMTS $78.59 CHRISTINE EVANS 07/01/2016 07/04/2016 SHRED-IT MINNEAPOLIS $13.00 CHRISTINE EVANS G1, Attachments Packet Page Number 18 of 192 07/01/2016 07/04/2016 OFFICE DEPOT #1090 $73.07 CHRISTINE EVANS 07/03/2016 07/04/2016 AMAZON MKTPLACE PMTS $69.99 CHRISTINE EVANS 07/07/2016 07/07/2016 AMAZON MKTPLACE PMTS $145.90 CHRISTINE EVANS 07/05/2016 07/07/2016 BOUND TREE MEDICAL LLC $1,072.42 PAUL E EVERSON 06/26/2016 06/27/2016 TARGET 00024067 $450.00 SHANN FINWALL 06/23/2016 06/28/2016 SAGE SOFTWARE INC $1,705.00 MYCHAL FOWLDS 06/28/2016 06/29/2016 BEST BUY MHT 00000109 $128.53 MYCHAL FOWLDS 06/28/2016 06/29/2016 ELECTRO WATCHMAN INC $419.40 MYCHAL FOWLDS 06/28/2016 06/29/2016 ELECTRO WATCHMAN INC $599.40 MYCHAL FOWLDS 06/28/2016 06/29/2016 ELECTRO WATCHMAN INC $780.00 MYCHAL FOWLDS 06/28/2016 06/29/2016 ELECTRO WATCHMAN INC $2,340.00 MYCHAL FOWLDS 06/30/2016 07/01/2016 CBT NUGGETS $179.28 MYCHAL FOWLDS 06/24/2016 06/27/2016 IDU*INSIGHT PUBLIC SEC $145.94 NICK FRANZEN 06/29/2016 06/30/2016 IDU*INSIGHT PUBLIC SEC $548.44 NICK FRANZEN 07/01/2016 07/04/2016 IDU*INSIGHT PUBLIC SEC $927.72 NICK FRANZEN 07/03/2016 07/04/2016 THAWTE $495.00 NICK FRANZEN 07/04/2016 07/05/2016 HP DIRECT-PUBLICSECTOR $4,043.04 NICK FRANZEN 06/24/2016 06/27/2016 FORESTRY SUPPLIERS $123.18 CAROLE GERNES 06/27/2016 06/29/2016 MENARDS MAPLEWOOD MN $8.55 CLARENCE GERVAIS 06/27/2016 06/29/2016 ACE OF SALES $20.00 CHRISTINE GIBSON 06/28/2016 06/29/2016 GRANDMAS BAKERY INC $111.84 CHRISTINE GIBSON 07/06/2016 07/07/2016 GRANDMAS BAKERY INC $48.48 CHRISTINE GIBSON 06/29/2016 06/30/2016 PARTY CITY #768 $63.04 KAREN HAAG 06/30/2016 07/01/2016 FEDEXOFFICE 00006171 $188.51 KAREN HAAG 07/01/2016 07/04/2016 OFFICEMAX/OFFICE DEPOT616 $165.12 KAREN HAAG 07/03/2016 07/04/2016 RAINBOW #7300 $16.77 KAREN HAAG 06/23/2016 06/27/2016 THE HOME DEPOT 2801 $10.65 MARK HAAG 06/29/2016 06/30/2016 SITE ONE LANDSCAPES530 $197.66 MILES HAMRE 06/24/2016 06/27/2016 TESSMAN COMPANY SAINT $303.03 GARY HINNENKAMP 06/29/2016 06/30/2016 SITE ONE LANDSCAPES530 $287.59 GARY HINNENKAMP 07/04/2016 07/05/2016 HENRIKSEN ACE HDWE $8.49 GARY HINNENKAMP 07/04/2016 07/06/2016 THE HOME DEPOT 2801 $115.46 GARY HINNENKAMP 07/06/2016 07/08/2016 LTG POWER EQUIPMENT $30.08 GARY HINNENKAMP 07/05/2016 07/07/2016 THE HOME DEPOT 2801 $25.45 TIMOTHY HOFMEISTER 06/30/2016 07/01/2016 STATE SUPPLY ($6.99)DAVID JAHN 07/06/2016 07/07/2016 CUB FOODS #1599 $53.19 DAVID JAHN 07/06/2016 07/07/2016 AMERICAN PUBLIC WORKS $550.00 JON JAROSCH 06/24/2016 06/27/2016 MENARDS MAPLEWOOD MN $29.36 KEVIN JOHNSON 06/27/2016 06/29/2016 OLIVE GARDEN 00012005 $116.02 LOIS KNUTSON 06/27/2016 06/29/2016 OLIVE GARDEN 00012005 $12.84 LOIS KNUTSON 07/01/2016 07/04/2016 SHRED-IT MINNEAPOLIS $7.15 LOIS KNUTSON 07/01/2016 07/04/2016 SHRED-IT MINNEAPOLIS $73.15 LOIS KNUTSON 06/26/2016 06/27/2016 NATIONAL NIGHT OUT $175.00 NICHOLAS KREKELER 07/03/2016 07/04/2016 CUB FOODS #1599 $17.98 NICHOLAS KREKELER 07/05/2016 07/06/2016 HARBOR FREIGHT TOOLS 612 $31.95 NICHOLAS KREKELER 07/03/2016 07/04/2016 COMCAST CABLE COMM $73.82 DAVID KVAM 07/05/2016 07/06/2016 THOMSON WEST*TCD $385.00 DAVID KVAM 07/06/2016 07/07/2016 AMERICAN PUBLIC WORKS $799.00 STEVE LOVE 06/28/2016 06/29/2016 IN *EMERGENCY RESPONSE SO $840.57 STEVE LUKIN 06/29/2016 06/30/2016 ASPEN MILLS INC.$52.95 STEVE LUKIN 06/29/2016 06/30/2016 ASPEN MILLS INC.$199.20 STEVE LUKIN 06/29/2016 06/30/2016 ASPEN MILLS INC.$95.60 STEVE LUKIN 06/30/2016 07/01/2016 ASPEN MILLS INC.$156.00 STEVE LUKIN 06/30/2016 07/01/2016 ASPEN MILLS INC.$406.80 STEVE LUKIN 07/01/2016 07/04/2016 MENARDS MAPLEWOOD MN $167.08 STEVE LUKIN 07/01/2016 07/04/2016 MENARDS MAPLEWOOD MN $22.99 STEVE LUKIN G1, Attachments Packet Page Number 19 of 192 07/02/2016 07/04/2016 AIRGASS NORTH $30.40 STEVE LUKIN 07/02/2016 07/04/2016 COMCAST CABLE COMM $2.27 STEVE LUKIN 07/05/2016 07/07/2016 MENARDS OAKDALE MN $24.99 STEVE LUKIN 07/06/2016 07/07/2016 AIRGASS NORTH $171.46 STEVE LUKIN 07/06/2016 07/07/2016 AIRGASS NORTH $280.58 STEVE LUKIN 07/07/2016 07/08/2016 JOANN ETC #1970 $5.89 STEVE LUKIN 06/28/2016 06/28/2016 U OF M CONTLEARNING $45.00 BRENT MEISSNER 06/24/2016 06/27/2016 VL OAKDALE CONTRAC $71.90 JOHN NAUGHTON 06/24/2016 06/27/2016 BROCK WHITE 180 $112.15 JOHN NAUGHTON 06/24/2016 06/27/2016 UNIFORMS UNLIMITED INC.$167.97 MICHAEL NYE 06/23/2016 06/27/2016 GOVERNMENT FINANCE $73.50 ELLEN PAULSETH 06/23/2016 06/27/2016 GOVERNMENT FINANCE $31.50 ELLEN PAULSETH 06/24/2016 06/27/2016 WHEELCO BRAKE &SUPPLY $317.67 STEVEN PRIEM 06/24/2016 06/27/2016 AUTO PLUS-LITTLE CANADA $236.12 STEVEN PRIEM 06/27/2016 06/28/2016 AUTO PLUS-LITTLE CANADA ($45.00)STEVEN PRIEM 06/27/2016 06/28/2016 AUTO PLUS-LITTLE CANADA $26.46 STEVEN PRIEM 06/27/2016 06/28/2016 CUMMINS NPOWER LLC $10.96 STEVEN PRIEM 06/27/2016 06/29/2016 WHEELCO BRAKE &SUPPLY $235.23 STEVEN PRIEM 06/27/2016 06/29/2016 ROAD MACHINERY AND SUPPLI $211.82 STEVEN PRIEM 06/28/2016 06/29/2016 AUTO PLUS-LITTLE CANADA $21.04 STEVEN PRIEM 06/29/2016 06/30/2016 FACTORY MOTOR PARTS #19 $11.34 STEVEN PRIEM 06/29/2016 06/30/2016 BAUER BUILT TIRE 18 $114.67 STEVEN PRIEM 07/05/2016 07/06/2016 AUTO PLUS-LITTLE CANADA $45.05 STEVEN PRIEM 07/05/2016 07/06/2016 AUTO PLUS-LITTLE CANADA $9.14 STEVEN PRIEM 07/05/2016 07/06/2016 AN FORD WHITE BEAR LAK $91.51 STEVEN PRIEM 07/06/2016 07/07/2016 AUTO PLUS-LITTLE CANADA $9.18 STEVEN PRIEM 07/06/2016 07/08/2016 METRO PRODUCTS INC $17.06 STEVEN PRIEM 07/07/2016 07/08/2016 FACTORY MOTOR PARTS #19 $48.58 STEVEN PRIEM 07/07/2016 07/08/2016 AN FORD WHITE BEAR LAK $24.60 STEVEN PRIEM 06/27/2016 06/29/2016 CINTAS 60A SAP $176.57 KELLY PRINS 06/28/2016 06/29/2016 PARK SUPPLY OF AMERICA $278.33 KELLY PRINS 06/29/2016 06/30/2016 PARK SUPPLY OF AMERICA $32.34 KELLY PRINS 07/05/2016 07/07/2016 MENARDS OAKDALE MN $50.89 KELLY PRINS 06/23/2016 06/27/2016 THE HOME DEPOT 2801 $122.88 MICHAEL REILLY 07/01/2016 07/04/2016 AMAZON MKTPLACE PMTS $23.24 MICHAEL RENNER 06/24/2016 06/27/2016 TRX TRAINING $710.85 LORI RESENDIZ 06/29/2016 07/01/2016 APPOINTMENT-PLUS/STORMSOU $49.00 LORI RESENDIZ 06/30/2016 06/30/2016 PPL*INSANITY $29.95 LORI RESENDIZ 07/07/2016 07/07/2016 LES MILLS US TRADING $270.00 LORI RESENDIZ 06/24/2016 06/27/2016 STARS AND STRIKES $311.50 AUDRA ROBBINS 06/24/2016 06/27/2016 STARS AND STRIKES $416.00 AUDRA ROBBINS 06/25/2016 06/27/2016 AMAZON.COM $66.30 AUDRA ROBBINS 06/29/2016 06/30/2016 MICHAELS STORES 2744 $64.83 AUDRA ROBBINS 07/01/2016 07/04/2016 HOLIDAY INN ELK RIVER $610.00 AUDRA ROBBINS 07/01/2016 07/04/2016 CUB FOODS #1599 $58.01 AUDRA ROBBINS 07/06/2016 07/07/2016 TARGET 00011858 $71.12 AUDRA ROBBINS 07/06/2016 07/07/2016 TARGET 00007518 $10.67 AUDRA ROBBINS 07/07/2016 07/08/2016 MALL OF AMERICA ($29.00)AUDRA ROBBINS 07/07/2016 07/08/2016 MALL OF AMERICA $944.50 AUDRA ROBBINS 07/05/2016 07/07/2016 MINNESOTA GOVERNMENT FINA $105.00 JOSEPH RUEB 07/05/2016 07/07/2016 GRUBERS POWER EQUIPMENT $25.20 RICK RUIZ 06/28/2016 06/29/2016 LILLIE SUBURBAN NEWSPAPER $362.50 DEB SCHMIDT 06/28/2016 06/30/2016 BANNERS.COM $94.95 DEB SCHMIDT 07/05/2016 07/06/2016 ZOZTWIN CITIES INFLAT $2,188.60 DEB SCHMIDT 06/27/2016 06/28/2016 MARSHALLCRETIN MINNOCO $31.42 PAUL SCHNELL 06/23/2016 06/27/2016 ON SITE SANITATION INC $40.00 SCOTT SCHULTZ G1, Attachments Packet Page Number 20 of 192 06/23/2016 06/27/2016 ON SITE SANITATION INC $80.00 SCOTT SCHULTZ 06/25/2016 06/27/2016 CINTAS 60A SAP $93.36 SCOTT SCHULTZ 06/27/2016 06/29/2016 ON SITE SANITATION INC $119.00 SCOTT SCHULTZ 06/28/2016 06/29/2016 NW LASERS AND INSTRUMENT $292.96 SCOTT SCHULTZ 06/28/2016 06/30/2016 SPOK INC $16.12 SCOTT SCHULTZ 06/30/2016 07/04/2016 ON SITE SANITATION INC $13.00 SCOTT SCHULTZ 07/02/2016 07/04/2016 CINTAS 60A SAP $101.98 SCOTT SCHULTZ 07/07/2016 07/08/2016 TRI-STATE BOBCAT $410.00 SCOTT SCHULTZ 06/23/2016 06/27/2016 KUSTOM SIGNALS $4,068.00 MICHAEL SHORTREED 06/23/2016 06/27/2016 UNIFORMS UNLIMITED INC.$26.10 MICHAEL SHORTREED 06/24/2016 06/27/2016 UNIFORMS UNLIMITED INC.$3,565.07 MICHAEL SHORTREED 06/28/2016 06/29/2016 GRAFIX SHOPPE $60.00 MICHAEL SHORTREED 06/29/2016 07/01/2016 OFFICE DEPOT #1090 $118.28 ANDREA SINDT 06/23/2016 06/27/2016 MONARCH WATCH $15.00 CHRISTINE SOUTTER 06/28/2016 06/30/2016 HC CENTRAL LIBRARY PARKIN $6.00 CHRIS SWANSON 06/24/2016 06/27/2016 TARGET 00007518 $113.39 JAMES TAYLOR 06/24/2016 06/27/2016 WINDSCAPES $518.23 JAMES TAYLOR 06/29/2016 06/30/2016 CUB FOODS #1599 $44.84 JAMES TAYLOR 06/29/2016 07/01/2016 SUPERAMERICA 4022 $14.97 JAMES TAYLOR 07/06/2016 07/07/2016 THE WEBSTAURANT STORE $119.57 KAREN WACHAL 06/23/2016 06/27/2016 THE HOME DEPOT 2801 $39.04 JEFF WILBER 06/27/2016 06/28/2016 PEAVEY CORP.$53.50 TAMMY WYLIE 06/28/2016 06/28/2016 ULINE *SHIP SUPPLIES $154.94 TAMMY WYLIE 06/30/2016 07/01/2016 EVIDENT INC $146.50 TAMMY WYLIE 07/01/2016 07/04/2016 PEAVEY CORP.$105.00 TAMMY WYLIE 06/29/2016 06/30/2016 DALCO ENTERPRISES $211.75 SUSAN ZWIEG $49,707.65 G1, Attachments Packet Page Number 21 of 192 Check Description Amount 97708 02464 FUNDS FOR CITY HALL ATM 10,000.00 97709 00120 LEISURE POOL REPAIR PARTS 201.93 97710 05324 RETAINER FEE - JUNE 850.00 97711 05114 PROJ 16-14 LIFT STATION 6 MOD 2,094.70 05114 PROJ 16-14 LIFT STATION 6 MOD 777.50 97712 02149 MARKETING & ADVERTISING - JULY 4,000.00 97713 02728 PROJ 09-08 PROF SRVS THRU 06/30 1,545.16 97714 05353 CONTRACT GASOLINE - JULY 9,251.62 97715 05311 SOFTBALL UMPIRES 7/11 - 7/17 768.50 05311 SOFTBALL UMPIRES 7/18 - 7/24 742.00 05311 SOFTBALL UMPIRES 7/5 - 7/10 583.00 97716 01409 PROJ 16-08 CH HVAC UPGRADES 21,010.80 01409 JOY PARK RAINGARDEN REVIEW 248.21 97717 01574 VARIOUS BITUMINOUS MATERIALS~2,273.46 01574 VARIOUS BITUMINOUS MATERIALS~1,065.83 01574 VARIOUS BITUMINOUS MATERIALS~970.43 01574 VARIOUS BITUMINOUS MATERIALS~645.76 97718 01750 MDSE FOR RESALE 410.08 01750 MDSE FOR RESALE 158.93 97719 01190 ELECTRIC & GAS UTILITY 21,170.28 01190 ELECTRIC UTILITY 14,434.82 01190 ELECTRIC & GAS UTILITY 7,514.19 01190 ELECTRIC & GAS UTILITY 1,270.56 01190 ELECTRIC UTILITY 874.70 01190 ELECTRIC UTILITY 109.15 01190 ELECTRIC UTILITY 51.15 01190 GAS UTILITY 49.91 01190 ELECTRIC UTILITY 48.03 01190 ELECTRIC UTILITY 15.79 01190 ELECTRIC UTILITY 15.26 97720 05641 TIF PMT TO DEVELOPER 1ST HALF 2016 80,683.16 97721 03616 TIF PMT TO DEVELOPER 1ST HALF 2016 36,267.94 97722 05026 2016 - TENNIS INSTRUCTION 423.50 97723 03870 PROJ 15-11 O&E 350.00 97724 00230 ROCK FOR NATURE CENTER TRAILS 1,397.89 97725 00036 CHARITABLE GAMBLING-RAMSEY CARE CT 400.00 97726 05369 ULTRA CLEAN SRVS - CITY HALL/PARKS 555.96 05369 CLEANING SUPPLIES-CITY HALL/PARKS 143.37 97727 05507 MDSE FOR RESALE 653.76 97728 00003 ESCROW MN WOMEN'S CARE 2603 WBA 7,556.16 97729 05657 GARNISHMENT ORDER 307.50 97730 00827 WORK COMP QTR JULY - SEPT 2016 127,638.00 97731 05666 CLEANING OF MCC 778.75 97732 04318 PROJ 09-09 EMPSTC PHASE 1 PMT#5 41,335.09 97733 01089 QTR UNEMPLOYMENT - 2ND QTR 1,153.46 97734 01126 MONTHLY PREMIUM - AUGUST 528.00 97735 01184 OVERHEAD GARAGE DOOR SRVS-PARKS 849.75 97736 05665 PROJ 15-11 LAKEWOOD/STERLING PMT#2 335,077.46 97737 04507 PROJ 15-11 PROF SRVS 6/1 - 6/30 5,264.25 04507 PROJ 13-10 PROF SRVS 6/1 - 6/30 4,131.00 04507 PROJ 15-11 PROF SRVS 5/1 - 5/31 2,250.00 04507 PROJ 13-11 PROF SRVS 5/1 - 5/31 1,806.25 97738 00001 REIMB CRESTVIEW-SPRINKLER SYS 153.03 97739 00001 REFUND KEYPRIME-ROOFING PERMIT 146.00 97740 00001 REFUND J BLOMKER - DAY CAMP 135.00 08/02/2016 ONE TIME VENDOR 08/02/2016 ONE TIME VENDOR 08/02/2016 NORTHERN TECHNOLOGIES, LLC 08/02/2016 NORTHERN TECHNOLOGIES, LLC 08/02/2016 NORTHERN TECHNOLOGIES, LLC 08/02/2016 NORTHERN TECHNOLOGIES, LLC 08/02/2016 ONE TIME VENDOR 08/02/2016 MILLER EXCAVATING, INC. 08/02/2016 MN UC FUND 08/02/2016 NCPERS MINNESOTA 08/02/2016 NORTHERN DOOR COMPANY, INC. 08/02/2016 NORTHERN ESCROW INC. COCA-COLA REFRESHMENTS 08/02/2016 ESCROW REFUND 08/02/2016 GREAT LAKES HIGHER EDUCATION 08/02/2016 L M C I T 08/02/2016 MIDWEST SPECIAL SERVICES, INC. 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY 08/02/2016 Check Register City of Maplewood 07/28/2016 Date Vendor 07/25/2016 US BANK 08/02/2016 AQUA LOGIC INC 08/02/2016 CHRISTIE BERNARDY 08/02/2016 BOLTON & MENK, INC. 08/02/2016 BOLTON & MENK, INC. 08/02/2016 HEIDI CAREY 08/02/2016 KIMLEY-HORN & ASSOCIATES INC 08/02/2016 MANSFIELD OIL CO 08/02/2016 WILLIE MCCRAY 08/02/2016 WILLIE MCCRAY 08/02/2016 WILLIE MCCRAY 08/02/2016 S E H 08/02/2016 S E H 08/02/2016 T A SCHIFSKY & SONS, INC 08/02/2016 T A SCHIFSKY & SONS, INC 08/02/2016 T A SCHIFSKY & SONS, INC 08/02/2016 T A SCHIFSKY & SONS, INC 08/02/2016 THE WATSON CO INC 08/02/2016 THE WATSON CO INC 08/02/2016 XCEL ENERGY 08/02/2016 XCEL ENERGY XCEL ENERGY 08/02/2016 XCEL ENERGY 07/29/2016 CHP MAPLEWOOD MN OWNER, LLC 07/29/2016 SIBLEY COVE, LTD PARTNERSHIP 08/02/2016 ADVANTAGE SPORTS LLC 08/02/2016 BASIAGO LAW OFFICE 08/02/2016 BRYAN ROCK PRODUCTS, INC. 08/02/2016 CHARITABLE GAMBLING 08/02/2016 CINTAS CORPORATION #470 08/02/2016 CINTAS CORPORATION #470 08/02/2016 G1, Attachments Packet Page Number 22 of 192 97741 00001 REFUND T LITTLE - ELECT PERMIT 29.00 97742 05601 V-BALL CLINIC INSTRUCTIONS 6/14-7/19 240.00 97743 05667 TRACK UNDER LIGHTING 1,329.12 97744 05658 GARNISHMENT ORDER 235.32 97745 04578 TREE INSPECTION SERVICES FOR 2016 1,071.00 97746 01418 DAYCAMP & WOW EVENT SUPPLIES 473.03 01418 MDSE FOR RESALE 296.20 01418 DAY CAMP SUPPLIES 286.58 01418 MDSE FOR RESALE 280.27 01418 CANDY FOR WHITE BEAR AVE PARADE 184.96 01418 MDSE FOR RESALE 80.96 01418 SUPPLIES FOR SENIOR PROGRAMS 73.11 01418 MDSE FOR RESALE 64.38 01418 MDSE FOR RESALE 42.02 01418 MDSE FOR RESALE - PRO SHOP 39.76 97747 01836 RADIO MAINT & SRVS - JUNE 546.79 97748 05342 PROJ 09-09 EAST METRO PSTC PMT#4 16,399.05 97749 05578 ARTIST COMPENSATION (GRANT)5,557.50 05578 ARTIES COMPENSATION (GRANT)3,300.0008/02/2016 Z PUPPETS ROSENSCHNOZ 783,666.08 42 Checks in this report. 08/02/2016 ST PAUL, CITY OF 08/02/2016 TERRA GENERAL CONTRACTORS 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT Z PUPPETS ROSENSCHNOZ 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 ONE TIME VENDOR 08/02/2016 ALEC PEROZA 08/02/2016 PROTEK LIGHTING SOLUTIONS 08/02/2016 RODENBURG LAW FIRM 08/02/2016 S & S TREE SPECIALISTS, INC 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 SAM'S CLUB DIRECT 08/02/2016 G1, Attachments Packet Page Number 23 of 192 Settlement Date Payee Description Amount 7/25/2016 MN State Treasurer Drivers License/Deputy Registrar 112,888.93 7/26/2016 MN State Treasurer Drivers License/Deputy Registrar 20,497.50 7/27/2016 MN State Treasurer Drivers License/Deputy Registrar 28,989.77 7/27/2016 Commercial Partners Met Council Developer Clean-Up Grant 7,255.47 7/27/2016 Delta Dental Dental Premium 381.07 7/28/2016 MN State Treasurer Drivers License/Deputy Registrar 69,815.44 7/29/2016 MN State Treasurer Drivers License/Deputy Registrar 30,414.13 7/29/2016 MN Dept of Natural Resources DNR electronic licenses 497.92 7/29/2016 Optum Health DCRP & Flex plan payments 704.22 7/29/2016 U.S. Treasurer Federal Payroll Tax 112,067.48 7/29/2016 P.E.R.A.P.E.R.A.106,974.02 7/29/2016 ICMA (Vantagepointe)Deferred Compensation 3,505.00 7/29/2016 MN State Treasurer State Payroll Tax 22,830.40 516,821.35 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 24 of 192 CHECK #CHECK EMPLO 180.36 07/29/16 COLEMAN, MELINDA 5,970.78 07/29/16 FUNK, MICHAEL 4,907.80 07/29/16 SMITH, BRYAN 456.30 07/29/16 XIONG, TOU 456.30 07/29/16 JAHN, DAVID 2,068.03 07/29/16 RAMEAUX, THERESE 3,592.81 07/29/16 KNUTSON, LOIS 2,553.99 07/29/16 CHRISTENSON, SCOTT 2,185.79 07/29/16 BELDE, STANLEY 3,454.97 07/29/16 BENJAMIN, MARKESE 3,129.34 07/29/16 BAKKE, LONN 3,425.78 07/29/16 BARTZ, PAUL 3,473.10 07/29/16 ABEL, CLINT 3,193.20 07/29/16 ALDRIDGE, MARK 4,283.72 07/29/16 WELCHLIN, KATHLEEN 429.25 07/29/16 WYLIE, TAMMY 1,908.19 07/29/16 SHEPPERD, FAITH 2,044.37 07/29/16 SHORTREED, MICHAEL 4,439.74 07/29/16 SCHNELL, PAUL 5,274.01 07/29/16 SHEA, STEPHANIE 1,625.79 07/29/16 CORCORAN, THERESA 2,064.89 07/29/16 KVAM, DAVID 4,568.32 07/29/16 MAHRE, GERALDINE 96.00 07/29/16 THOMALLA, CAROL 841.50 07/29/16 WEAVER, KRISTINE 2,559.32 07/29/16 JAGOE, CAROL 96.00 07/29/16 RICHTER, CHARLENE 1,283.90 07/29/16 VITT, SANDRA 1,226.63 07/29/16 MOY, PAMELA 1,651.91 07/29/16 OSTER, ANDREA 2,069.52 07/29/16 LARSON, MICHELLE 2,062.59 07/29/16 MECHELKE, SHERRIE 1,237.56 07/29/16 SPANGLER, EDNA 408.00 07/29/16 CRAWFORD, LEIGH 1,983.39 07/29/16 LO, CHING 1,077.73 07/29/16 SCHMIDT, DEBORAH 3,285.83 07/29/16 HAAG, KAREN 4,727.05 07/29/16 KELSEY, CONNIE 722.50 07/29/16 BEGGS, REGAN 1,892.00 07/29/16 BURLINGAME, SARAH 1,415.66 07/29/16 RUEB, JOSEPH 3,355.41 07/29/16 ARNOLD, AJLA 1,961.23 07/29/16 ANDERSON, CAROLE 1,267.29 07/29/16 DEBILZAN, JUDY 2,304.99 07/29/16 OSWALD, BRENDA 2,103.63 07/29/16 PAULSETH, ELLEN 4,422.35 07/29/16 JUENEMANN, KATHLEEN 456.30 07/29/16 SLAWIK, NORA 518.43 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, ConversioAMOUNT 07/29/16 ABRAMS, MARYLEE 456.30 G1, Attachments Packet Page Number 25 of 192 72.65 280.00 07/29/16 CRAWFORD - JR, RAYMOND 3,617.43 07/29/16 CAPISTRANT, JOHN 405.47 07/29/16 COREY, ROBERT 190.24 07/29/16 BOURQUIN, RON 988.21 07/29/16 CAPISTRANT, JACOB 350.96 07/29/16 BAUMAN, ANDREW 2,992.77 07/29/16 BEITLER, NATHAN 419.84 07/29/16 BAHL, DAVID 619.68 07/29/16 BASSETT, BRENT 190.24 07/29/16 ANDERSON, BRIAN 383.76 07/29/16 ATWATER, ANDREW 236.16 07/29/16 XIONG, KAO 3,369.69 07/29/16 ZAPPA, ANDREW 2,566.73 07/29/16 VANG, PAM 2,658.03 07/29/16 WENZEL, JAY 3,987.41 07/29/16 THEISEN, PAUL 3,222.62 07/29/16 THIENES, PAUL 3,824.12 07/29/16 SYPNIEWSKI, WILLIAM 3,129.34 07/29/16 TAUZELL, BRIAN 4,346.84 07/29/16 STARKEY, ROBERT 2,087.70 07/29/16 STEINER, JOSEPH 4,177.07 07/29/16 SCHOEN, ZACHARY 2,803.24 07/29/16 SLATER, BENJAMIN 3,538.09 07/29/16 PETERSON, JARED 2,585.01 07/29/16 REZNY, BRADLEY 4,381.04 07/29/16 OLSON, JULIE 3,425.78 07/29/16 PARKER, JAMES 3,239.88 07/29/16 NYE, MICHAEL 4,000.78 07/29/16 OLDING, PARKER 2,668.35 07/29/16 MICHELETTI, BRIAN 2,807.16 07/29/16 MULVIHILL, MARIA 2,668.35 07/29/16 MCCARTY, GLEN 4,190.43 07/29/16 METRY, ALESIA 4,355.29 07/29/16 LYNCH, KATHERINE 3,065.68 07/29/16 MARINO, JASON 3,193.20 07/29/16 LANGNER, SCOTT 3,193.20 07/29/16 LANGNER, TODD 3,676.83 07/29/16 KROLL, BRETT 3,281.84 07/29/16 LANDEROS CRUZ, JESSICA 464.00 07/29/16 KONG, TOMMY 3,737.57 07/29/16 KREKELER, NICHOLAS 1,020.90 07/29/16 JAMES JR, JUSTIN 464.00 07/29/16 JOHNSON, KEVIN 4,260.42 07/29/16 HOEMKE, MICHAEL 349.35 07/29/16 HOFMEISTER, TIMOTHY 496.00 07/29/16 HER, PHENG 3,359.86 07/29/16 HIEBERT, STEVEN 3,741.85 07/29/16 GABRIEL, ANTHONY 4,310.97 07/29/16 HAWKINSON JR, TIMOTHY 3,347.08 07/29/16 FORSYTHE, MARCUS 3,164.65 07/29/16 FRITZE, DEREK 3,303.54 07/29/16 ERICKSON, VIRGINIA 4,551.25 07/29/16 FISHER, CASSANDRA 1,615.39 07/29/16 DEMULLING, JOSEPH 3,734.84 07/29/16 DUGAS, MICHAEL 5,661.41 07/29/16 CARNES, JOHN 3,065.68 07/29/16 CROTTY, KERRY 4,301.32 07/29/16 BIERDEMAN, BRIAN 3,929.04 07/29/16 BUSACK, DANIEL 3,895.57 G1, Attachments Packet Page Number 26 of 192 07/29/16 LINDBLOM, RANDAL 2,975.11 07/29/16 LOVE, STEVEN 4,208.69 07/29/16 ENGSTROM, ANDREW 2,968.24 07/29/16 JAROSCH, JONATHAN 3,420.19 07/29/16 BURLINGAME, NATHAN 2,638.40 07/29/16 DUCHARME, JOHN 2,975.11 07/29/16 RUNNING, ROBERT 2,556.99 07/29/16 TEVLIN, TODD 2,332.09 07/29/16 OSWALD, ERICK 2,357.20 07/29/16 RUIZ, RICARDO 2,016.99 07/29/16 MEISSNER, BRENT 2,329.79 07/29/16 NAGEL, BRYAN 3,898.70 07/29/16 EDGE, DOUGLAS 2,731.68 07/29/16 JONES, DONALD 2,346.31 07/29/16 BRINK, TROY 2,592.63 07/29/16 BUCKLEY, BRENT 2,329.79 07/29/16 CORTESI, LUANNE 2,062.59 07/29/16 SINDT, ANDREA 2,909.17 07/29/16 LUKIN, STEVEN 5,010.71 07/29/16 ZWIEG, SUSAN 1,234.87 07/29/16 TROXEL, REID 787.20 07/29/16 GERVAIS-JR, CLARENCE 4,324.94 07/29/16 STREFF, MICHAEL 3,245.62 07/29/16 SVENDSEN, RONALD 5,385.86 07/29/16 SAUERWEIN, ADAM 236.16 07/29/16 SEDLACEK, JEFFREY 3,052.33 07/29/16 RANGEL, DERRICK 337.84 07/29/16 RODRIGUEZ, ROBERTO 2,788.67 07/29/16 PETERSON, ROBERT 3,272.90 07/29/16 POWERS, KENNETH 4,325.71 07/29/16 OPHEIM, JOHN 409.30 07/29/16 PACHECO, ALPHONSE 472.32 07/29/16 NOWICKI, PAUL 544.48 07/29/16 O'GARA, GEORGE 511.68 07/29/16 NIELSEN, KENNETH 405.47 07/29/16 NOVAK, JEROME 3,267.85 07/29/16 MORGAN, JEFFERY 170.52 07/29/16 NEILY, STEVEN 334.56 07/29/16 MERKATORIS, BRETT 426.40 07/29/16 MONDOR, MICHAEL 4,409.19 07/29/16 LINDER, TIMOTHY 3,806.19 07/29/16 LOCHEN, MICHAEL 664.62 07/29/16 KUBAT, ERIC 3,236.97 07/29/16 LANDER, CHARLES 2,858.69 07/29/16 KERSKA, JOSEPH 839.68 07/29/16 KONDER, RONALD 656.00 07/29/16 KANE, ROBERT 822.43 07/29/16 KARRAS, JAMIE 341.12 07/29/16 IMM, TRACY 193.52 07/29/16 JANSEN, CHAD 442.80 07/29/16 HAWTHORNE, ROCHELLE 3,074.23 07/29/16 HUTCHINSON, JAMES 225.69 07/29/16 HALE, JOSEPH 638.81 07/29/16 HALWEG, JODI 3,177.42 07/29/16 EVERSON, PAUL 3,296.79 07/29/16 HAGEN, MICHAEL 36.08 07/29/16 DABRUZZI, THOMAS 2,944.24 07/29/16 DAWSON, RICHARD 3,204.79 07/29/16 CRUMMY, CHARLES 193.52 G1, Attachments Packet Page Number 27 of 192 192.24 07/29/16 EBERHARDT, AUSTEN 130.00 07/29/16 BIDWELL JR, GEORGE 400.25 07/29/16 DIONNE, ANN 525.00 07/29/16 SCHULTZ, SCOTT 3,906.15 07/29/16 WILBER, JEFFREY 2,036.79 07/29/16 HAAG, MARK 3,150.40 07/29/16 JENSEN, JOSEPH 1,924.19 07/29/16 XIONG, YIA 60.00 07/29/16 ADAMS, DAVID 2,274.40 07/29/16 TAYLOR, JAMES 3,613.75 07/29/16 VUKICH, CANDACE 560.00 07/29/16 SIEVERT, ALEXIS 760.00 07/29/16 SLAWIK, VICTORIA 703.00 07/29/16 ROBBINS, AUDRA 3,613.75 07/29/16 RYCHLICKI, NICHOLE 490.00 07/29/16 PHENGPHAENG, MAICHOUA 70.00 07/29/16 PHENGPHAENG, RICKY 45.00 07/29/16 LARSON, MARIAH 513.38 07/29/16 MOUA, CHEE 30.00 07/29/16 KONEWKO, QUINN 513.38 07/29/16 LARSON, KATELYN 446.50 07/29/16 HILDEBRANDT, ADAM 28.00 07/29/16 JACOBS, ROCHELLE 390.00 07/29/16 BRENEMAN, NEIL 2,584.55 07/29/16 CHRISTOPHER, EMMA 99.00 07/29/16 WELLENS, MOLLY 2,002.20 07/29/16 BJORK, BRANDON 1,140.00 07/29/16 SWANSON, CHRIS 2,088.19 07/29/16 WEIDNER, JAMES 1,540.00 07/29/16 CARVER, NICHOLAS 4,727.81 07/29/16 SWAN, DAVID 2,999.39 07/29/16 MARTIN, MICHAEL 3,546.84 07/29/16 BRASH, JASON 2,942.59 07/29/16 RINEAR, STACY 975.47 07/29/16 FINWALL, SHANN 3,508.09 07/29/16 JOHNSON, ELIZABETH 1,704.19 07/29/16 KROLL, LISA 2,064.90 07/29/16 WOLFE, KAYLA 891.00 07/29/16 GAYNOR, VIRGINIA 3,520.41 07/29/16 SOUTTER, CHRISTINE 160.00 07/29/16 WACHAL, KAREN 1,056.39 07/29/16 HER, KONNIE 772.00 07/29/16 HUTCHINSON, ANN 2,874.48 07/29/16 DEAVER, CHARLES 779.10 07/29/16 GERNES, CAROLE 1,515.60 07/29/16 SALCHOW, CONNOR 871.88 07/29/16 BIESANZ, OAKLEY 1,757.41 07/29/16 ORE, JORDAN 2,016.99 07/29/16 RANWEILER, GABRIEL 720.00 07/29/16 NAUGHTON, JOHN 2,511.33 07/29/16 NORDQUIST, RICHARD 2,334.40 07/29/16 HAYS, TAMARA 1,820.83 07/29/16 HINNENKAMP, GARY 2,585.06 07/29/16 XIONG, BRANICA 960.00 07/29/16 HAMRE, MILES 2,091.94 07/29/16 JANASZAK, MEGHAN 2,085.79 07/29/16 KONEWKO, DUWAYNE 4,965.06 07/29/16 THOMPSON, MICHAEL 5,199.84 07/29/16 ZIEMAN, SCOTT 1,112.00 G1, Attachments Packet Page Number 28 of 192 15.39 200.57 2,838.14 07/29/16 NITZ, CARA 383.80 07/29/16 OHS, CYNTHIA 127.88 07/29/16 MILAN, COLIN 100.00 07/29/16 MUSKAT, JULIE 172.76 07/29/16 BUTLER-MILLER, JADE 197.15 07/29/16 CARTER, PRECIOUS 189.00 07/29/16 ZIMMERMAN, JANE 247.26 07/29/16 AUBUCHON, IMAGINARA 798.95 07/29/16 ELLISON, LELIA 100.00 07/29/16 GRACE, EMILY 107.63 07/29/16 CHRISTAL, JENNIFER 217.25 07/29/16 CUMMINGS, KYRAYA 68.25 07/29/16 TREPANIER, TODD 255.76 07/29/16 TRUONG, CHAU 168.00 07/29/16 SCHREIER, ROSEMARIE 54.88 07/29/16 SMITLEY, SHARON 281.11 07/29/16 WAKEM, CAITLYN 36.00 07/29/16 YANG, JUDY 143.00 07/29/16 TUPY, MARCUS 96.00 07/29/16 WAGNER, JODY 150.00 07/29/16 MCINERNEY, JANICE 59.50 07/29/16 MCKILLOP, AMANDA 148.12 07/29/16 JOHNSON, BARBARA 287.23 07/29/16 LAMSON, ELIANA 27.38 07/29/16 HANSON, REBECCA 54.00 07/29/16 HOLMBERG, LADONNA 174.26 07/29/16 HAASCH, ANGELA 80.75 07/29/16 HANES, CHAD 36.00 07/29/16 GRUENHAGEN, LINDA 378.02 07/29/16 GUSTAFSON, BRENDA 109.50 07/29/16 GARTNER, DARYL 102.00 07/29/16 GREGG, PETER 113.00 07/29/16 DEMPSEY, BETH 401.64 07/29/16 ERICKSON-CLARK, CAROL 37.50 07/29/16 BUTLER, ANGELA 54.76 07/29/16 CURLEY, ELAINE 30.00 07/29/16 BESTER, MICHAEL 52.32 07/29/16 BUCKLEY, BRITTANY 251.62 07/29/16 BASSETT, ANDREA 121.50 07/29/16 BEAR, AMANDA 241.50 07/29/16 ST SAUVER, CRAIG 668.19 07/29/16 WISTL, MOLLY 456.88 07/29/16 SEMONICK, MARJORIE 315.00 07/29/16 SKRYPEK, JOSHUA 462.00 07/29/16 ORTIZ, ROSALIA 63.00 07/29/16 RUZICHKA, JANICE 242.06 07/29/16 NEDEAU, NICOLE 152.25 07/29/16 O'CONNER, TERRINA 1,015.01 07/29/16 JAMES, JESSE 39.00 07/29/16 KRECH, TRAVIS 112.50 07/29/16 HENDRICKS, JENNIFER 1,043.85 07/29/16 HOFMEISTER, MARY 1,333.00 07/29/16 FINNEY, LINDA 278.25 07/29/16 GIBSON, CHRISTINE 2,107.14 07/29/16 EVANS, CHRISTINE 2,195.52 07/29/16 RICHTER, DANIEL 95.75 07/29/16 ROMERO, JENNIFER 47.00 07/29/16 RANEY, COURTNEY 992.77 07/29/16 RESENDIZ, LORI G1, Attachments Packet Page Number 29 of 192 550.04 9997618 99102271 99102272 07/29/16 KRECH, ELAINE 791.40 07/29/16 CRAWFORD, SHAWN 743.64 07/29/16 DOUGLASS, TOM 2,840.43 07/29/16 REILLY, MICHAEL 2,101.69 07/29/16 STEFFEN, MICHAEL 108.00 07/29/16 MALONEY, SHAUNA 297.00 07/29/16 PRINS, KELLY 2,044.35 1,453.50 07/29/16 PRIEM, STEVEN 2,789.10 07/29/16 TRAUTMAN, JACOB 709.32 07/29/16 COUNTRYMAN, BRENDA 1,407.00 556,417.92 07/15/16 HARRER, NATALIE 703.00 07/29/16 TRIANA, YADIRA 75.00 07/29/16 FRANZEN, NICHOLAS 3,930.03 07/29/16 RENNER, MICHAEL 2,106.30 07/29/16 SMITH, JEROME 169.50 07/29/16 BERGO, CHAD 3,467.31 07/29/16 FOWLDS, MYCHAL 4,150.65 07/29/16 WOEHRLE, MATTHEW 2,410.87 07/29/16 XIONG, BOON 1,880.19 07/29/16 HARRER, NATALIE 07/29/16 MCGUIRE, FREEDA 112.89 07/29/16 VANG, VICHAI 200.00 07/29/16 HER, ONG 40.00 07/29/16 LANGER, CHELSEA 133.01 07/29/16 HEINTZ, JOSHUA 72.00 G1, Attachments Packet Page Number 30 of 192 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag , Director Citizen Services DATE: July 29, 2016 SUBJECT: Approval of a Temporary Lawful Gambling - Local Permit for the Church of St. Jerome, 380 Roselawn Ave E Introduction An application has been submitted for a temporary Lawful Gambling - Local permit by Father Cletus Basekela on behalf of the Church of St. Jerome, 380 Roselawn Ave. Background This permit will be used to conduct a bingo and pull-tabs at the church’s annual Fall Festival on Sunday, September 18, 2016 from 6:00am to 5:00pm. Proceeds will go towards raising money for the church and school to off-set the organization’s operating deficit. Budget Impact None Recommendation Staff recommends that Council approve the Lawful Gambling - Local permit for the Church of St. Jerome’s Fall Festival on September 18, 2016 at 380 Roselawn Ave E. Packet Page Number 31 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul P. Schnell, Chief of Police DATE: July 26, 2016 SUBJECT: Approval of School Resource Officer Agreement with Independent School District 622 Introduction The City of Maplewood Police Department would like to enter into a contract with North St. Paul- Maplewood-Oakdale School District 622 to provide School Resource Officer services, and City Council approval is required. Background For the past several decades, the Maplewood Police Department has provided School Resource Officer services to School District 622. The School District, in return, has paid the City of Maplewood part of the salary costs for the officer assigned to this position. City Council approval is requested to enter into a Contract for Services with School District 622 for School Resource Officer services from September 1, 2016, through August 30, 2017. The School District will pay $65,000 over the term of this agreement. The contract is for the officer’s salary only and does not include any fringe benefits, unemployment compensation, or Workers Comp. Both parties have the right to cancel the contract at any time should funding for this position cease for any reason. The agreement also provides for reimbursable overtime of up to 30 hours at a rate of $75.00 per hour. Budget Impact The City will receive a minimum payment of $65,000 for the 2016-2017 academic year for School Resource Officer services to School District 622. Recommendation It is recommended that the City Council approve the agreement between the City of Maplewood and North St. Paul-Maplewood-Oakdale School District 622 for School Resource Officer services and that the Finance Director be authorized to make any necessary budget adjustments. Attachments 1. School District 622 School Resource Officer Agreement G3 Packet Page Number 32 of 192 .4.. SchoolDistrict 622 NoRTH 5T. PAUL IMAPLEWOOD IOAKDALE Reodg for tomorrow SCHOOL RESOURCE OFFICER AGREEMENT This School Resource Officer Agreement (the "Agreement") dated September 1, 2016 is by and between the city of Maplewood and Independent School District No. 622 ("School District"). RECITALS WHEREAS, the School District and the City are both corporate bodies politic under the Laws of the State of Minnesota; and WHEREAS, both the City and District desire to enter this agreement for the provision of law enforcement services by the Maplewood to the District; and WHEREAS, this Agreement is authorized and provided for by Minn. Stat. $ 471.59. NOW, THEREFORT, in consideration of the mutual covenants and conditions contained in this Agreement, the School District and City agree as follows: l. I'urpose The City and School District will collaborate on a law enforcement services provided by a School Resource Officer. Both the City and School District have determined that the law enforcement provided by the SRO is beneficial to school and community safety and promotes collaboration between the City, District, parents and students. This Agreement is intended, in part, to set forth the terms and conditions, to create, fund, and implement the position of a police School Resource Officer ("SRO"). The SRO reports to Maplewood designated Police Supervisor in collaboration with school administrators. 2. Job Duties The SRO will work towards carrying out the mission of the Maplewood Police Department within the school community as per the City's job description for the position [INSERT JOB DESCRIPTION AS EXHIBIT Al. The SRO will act in their capacity and authority as a Police Officer for the City of Maplewood Police Department to provide a safe leaming environment, to prevent crime, and to investigate and solve crimes. 2520 East 12th Avenue I North St. Paut, MN 55109 | 651 .748.7411 | 651 .748.74'13 (fax)isd622.org G3, Attachment 1 Packet Page Number 33 of 192 .4{ SchootDistrict 622 NoRTH ST. PAUL IMAPLEWOOD IOAKDALE Reodg for tomorrow 3. Funding- SRO Program The City is responsible for hiring the SRO and paying his or her salary, benefits and training costs and the District witl contribute $65,000 to the city for those costs. Overtime for special events as may be required for the safety ofstudents, staff, and visitors to School District facilities. 4. Seruices a. The City shall provide the services of one primary police offrcer to assist the School District. The School District agrees to provide adequate office space, telephone access, computer and printer for use by the SRO(s). The SRO will be on duty during regular school hours in the school district all student contact days and also comply with the City of Maplewood job description [see EXHIBIT A]. While on duty with the school district, the SRO is primarity engaged in school district services; however, the Police Chiefhas the authority to redeploy the SRO should a specific emergency or public safety necessity require such deployment. The SRO will respond to calls to all schools in the City of Maplewood although maybe based primarily at one school in the city. b. Selection of SRO. The City will assign someone who already is currently employed by the City to the SRO position and the District will provide input on the assignment, with the Chief having final authority to select the SRO. The City of Maplewood has the authority of determining the rotation of the SRO assignment. Dress Code: The SRO may wear Police Department issued uniform or civilian clothing attire in compliance with the Police Department Uniforms and Appearance Policy. c The School District shall promptiy report to the ChiefofPolice any issues or concems it has regarding the assigned officer's work performance. The School District may also provide annual input to the ChiefofPolice regarding the officer's work performance. 6. Incidents: Incidents occurring on or about school premises that require police intervention, should be primarily investigated by the SRO. The assigned and/or participating officer shall prepare enue I North St. Paul, MN 55109 | 651.748.7411 I 651 .748.7413 (fax) | www.isd622.org2520 East 12 5. Performance Issues: G3, Attachment 1 Packet Page Number 34 of 192 .4<l SchoolDistrict 622 NORTH 5T. PAUL IMAPLEWOOD IOAKDALE Reodg for tomorrow customary police incident report(s) and perform investigations in accord with Maplewood Police Department Policy and Procedure. 7. School Discipline Rules: The SRO shall not enforce any school disciplinary rules or policies. 8. Coordinating Relrresentatives: Representatives of the City, the Police Department and School District will meet as necessary to discuss, coordinate and recommend revisions, if necessary, to the SRO services/agreement. 9. Pavment The City shall provide billing statements to the School district for services provided herein on a semi-annual basis on June 30 and January I ofeach year. Such statements will be due and payable by the School District to the City no more than thirty (30) days after receipt ofthe same. The billing to the School district shall be done so in arrears of service provision (January billing shall cover the immediately preceding period of July 1 through December 3 I ). 10. Term This Agreement shall commence on the l't day of September 2016, and shall end on the 3 I st day ofAugust,20l7. I l. Independent Contractor The City, through its Chielof Police, will remain free to exercise judgment in this Agreement. The City acknowledges that no withholding for state or federal benefits or taxes will be made from the payments due the City by the School District. The City also acknowledges that it has the sole obligation to comply with state, local and federal tax provisions with regard to these services and the employees hired by the City to perform services described herein, including workers compensation laws. 12. Scheduling The SRO will be on duty during regular school hours in the school district all days while school is in session and also comply with the City of Maplewood job description [see EXHIBIT A]. 2520 East 12th Avenue I North St. Paut, MN 55109 | 651 .748.7411 | 651 .748.7413 (fax) | www.isd6z2.org G3, Attachment 1 Packet Page Number 35 of 192 .4< SchoolDistrict 622 NORTH ST, PAUL IMAPLEWooD IoAKDALE Reodgfor tomorrow During non-student contact days during the school year and during the summer months the SRO's schedule will be determined bv the Chief of Police. Overtime: As requested by the school district with the approval olthe Chief of Police and/or his,iher Designee, the SRO is authorized to work special events (prom, homecoming, school dances, special athletic events, etc.), attend meetings, or complete investigations outside of the regular schedule to promote public safety and enhance safety lor students, staff, and visitor. Recognizing thejoint nature ofthe SRO program, and the desire to provide the School District with a fixed cost ofthe SRO program, the City shall invoice the School District up to 30 hours ofspecial event overtime at a flat rate of$75 per hour to offset overtime expenditures that stem from the school-based assignment ofthe SRO. Any additional overtime needed would be the responsibility of the individual school organization to cover the costs. Scheduling ofpolice coverage for special events will be completed between the police department and the Athletic/Activities Director at the respective school. 13. Termination of this Agreement Either party may terminate this Agreement by providing written notice to the other party no less than six months prior to the effective termination date. 14. Temporary Emergency Reassignment If, in the discretion ofthe ChiefofPolice, it becomes necessary to remove the SRO from the district, whenever possible, the ChiefofPolice will infbrm the School District officials in advance of such action. 15. Security/Linking The SRO(s) office will be locked and secured by a key issued only to the SRO(s). The SRO(s) will be provided a suitable computer, monitor, and printer and any other items or services necessary, at the expense olthe School District, so that the SRO will have full access to the City email and network system and the School District's email and network system at all times the SRO(s) is working pursuant to this Agreement. Any additional equipment costs to be bome by the City. 2520 East 12th Avenue North St. Paut, MN 55109 651 .748.741'l | 651.748.7413 (fax) | www.isd622.org 16. Indemnity and Hold Harmless G3, Attachment 1 Packet Page Number 36 of 192 -4<l SchoolDistrict 622 NORTH ST. PAUL IMAPLEWOOD IOAKDALE Reodgfor tomorrow The District and the City agree that they will be responsible for their own acts and omissions and those of their officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereofto the extent authorized by law and shall not be responsible for the acts or omissions ofthe other party and the results thereof. It is understood and agreed that each party's tiability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the District and the City. 17. Complete Agreement It is understood and agreed that this is the entire agreement between the parties and this Agreement supersedes all oral agreements and negotiations between the parties relating to this subject matter. 18. Amendments This Agreement contains the full understanding and agreement between the parties and may not be amended except in writing agreed to and executed by both parties. Ifany provision ofthis Agreement is found invalid by a court or agency, it shall not invalidate any remaining provisions. 19. Data Practices Sharing of data will be done only pursuant to the Minnesota Govemment Data Practices Act and the Family Educational fughts and Privacy Act. Any data shared between the two parties to this Agreement will be maintained in accordance with state and federal law. Because the City and the officer (s) are not employees ofthe School District, any violation of state or federal law in this regard is the sole responsibility ofthe City and the officer and each agrees to hold the School District harmless ifa claim or action arises because of the City's action or omissions. City shall provide reasonable data privacy training to all SRO's. 20. Discrimination The City and School District agree not to discriminate in providing services under this Agreement on the basis ofrace, sex, creed, nation origin, age or religion. The parties agree not to discriminate as required by state and federal laws. 2520 East 12th Avenue I North St. Paut, MN 55109 | 65'l .748.7411 I 651 .748.7413 (fax) I www.isd622.org G3, Attachment 1 Packet Page Number 37 of 192 .4< SchootDistrict 622 NoRTH ST. PAUL IMAPLEWOOD IOAKDALE Reodg for tomorrow 21. Interpretatir-rn This Agreement shall not be construed more strictly against one party than against the other party merely by virtue of the fact that it may have been prepared by counseler for one ofthe parties, it being recognized that both the City and the School District have contributed substantially and materially to the prepamtion of this Agreement. 22. Construction The headings ofthe sections and subsections ofthis Agreement are for convenience and reference only and do not form a part hereof; and in no way interpret or construe such sections and subsections. Wherever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship as co-partners, joint venture, orjoint enterprise between the parties hereto or as a constituting either party as an agent, representative or employee of the other for any purpose or in any manner whatsoever, excluding any agency relationship that may exist for purposes of educational data practices. This Agreement shall be binding open upon and inure to the benefit ofthe parties' respective heirs, representatives, successors, and assignees. This Agreement is for the sole benefit of City and the School District (including a permitted assignee), and no third party is intended to be a beneficiary of or have the right to enforce this Agreement. 24. Attornev's Fees ln the event oflitigation between the parties in connection with this Agreement, the prevailing party (i.e. the party whose position is substantially upheld by the court) shall be entitied to recover its reasonable attorney's fees and costs from the non-prevailing party. The obligation in the immediately preceding sentence shall survive any termination of this Agreement or the closing. 25. Definitions If any date herein set forth for the performance ol any obligations by the parties or for the delivery ofany instrument or notice as herein provided should be on a Saturday, Sunday or legal 2520 East 12th Avenue I North St. Paut, MN 551W I 651 .748.74'11 | 651.748.7413 (fax) | www.isd52z.org 23. Parties in Interest G3, Attachment 1 Packet Page Number 38 of 192 .4<l SchoolDistrict 622 NORTH ST. PAUL IMAPLEwOOD IOAKDALE Reodg for tomorrow holiday, the compliance with obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. As used in this Section, the term "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Minnesota. The term "including" shall mean including, as an example, without limiting the generality of the foregoing. 26. Counterparts This Agreement may be executed in any number ol counterparts, each of which shall be deemed to be an original, but all ofwhich together shall constitute one and the same document. A signature page to any counterpart may be detached from such counterpart without impairing the legal effect ofthe signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. 27. Governing Lar' This Agreement shall be construed as to both validity and performance enforcement in accordance with and governed by the laws ofthe State of Minnesota. 28. Heading The headings contained herein are for convenience of reference only and do not affect, define, describe or limit the scope or intent ofthis Agreement or any of its provisions. 29. Notices Notice to City provided for herein shall be sufficient if sent by the regular United States Mail, postage prepaid, addressed to City of Maplewood, City Administrator, 1830 County Road B East Maplewood, MN 55109. Notices sent to School District shall be sufficient if sent by the regular United State Mail, postage prepaid, addressed to ISD 622, Attentio , Superintendent, 2520 East l2lhAvenue, North St. Pau1, MN 55109. Either party may designate to each other in writing from time to time a different address for notice. 2520 East 12th Avenue t North 5t. Paut, MN 55109 | 651.748.7411 1651.748.7413 (fax) lwww.isd622.org G3, Attachment 1 Packet Page Number 39 of 192 -4<r SchoolDistrict 522 NORTH 5T. PAUL IMAPLEWooD IOAKDALE Readg for tomorrow IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first written above. City of Maplewood Mayor Date Citv Administrator Date Independent School District 622 Randy Anderson Director of Business Services Date Cory Mclntyre, Director of Student Support Services, ISD 622 Date 2520 East'l2th Avenue I North St. Paut, MN 55109 1651.748.7411 | 651.748.7413 (fax) | www.isd622.org G3, Attachment 1 Packet Page Number 40 of 192 MEMORADUM TO: Melinda Coleman, City Manager FROM: Paul Schnell , Police Chief DATE: July 26, 2016 SUBJECT: Approval of Resolution Accepting Donation to Maplewood Police Reserves from Ramsey County Fair Introduction The Maplewood Police Department's Reserve Unit has received a donation of $475 from the Ramsey County Agricultural Society/Fair Board. City Council approval is required before the donation can be accepted . Background For the past several years, following the close of the Ramsey County Fair, the Fair Board has made a donation to the City's Reserve Unit. In addition to the $475 donation, the Fair Board submitted a letter of appreciation acknowledging the service and commitment of our Reserves. The $475 is designated for use by the Reserves for equipment or other needs, such as uniforms . Budget Impact The receipt of the donated funds assists the City in funding Reserve Unit needs. Recommendation Approval of the resolution accepting the donation made by the Ramsey County Fair Board. Attachments 1. Resolution 2. Letter from Ramsey County Agricultural Society/Fair Board G4 Packet Page Number 41 of 192 CITY OF MAPLEWOOD RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE MAPLEWOOD POLICE DEPARTMENT WHEREAS ,the Ramsey County Agricultural Society/Fair Board has presented to the Maplewood Police Department a donation in the amount of $475; and WHEREAS, this donation is intended for the purpose of Maplewood Police Reserve Unit equipment and/or needs; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends the Ramsey County Agricultural Society/Fair Board for their civic efforts, NOW , THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The donation is accepted and acknowledged with gratitude ; and 2. The donation will be appropriated for the Police Department as designated; and 3. The appropriate budget adjustments be made . Passed by the Maplewood City Council on August 8, 2016. ___________________________ __________ Nora Slawik, Mayor Date Attest: ____________________________ ___________ Karen Haag, City Clerk Date G4, Attachment 1 Packet Page Number 42 of 192 ffi% BAI,{sEY COUN]Y E*ams eg C ourutg Agricwltwr al S o ciety Officercl lodie Grabarski President (612) 940-662r Sharoo Stilliogs Vice Presideat (651) 633-8s'17 Joe Fox Secretary (651\77?-6st4 Jill Bruhr Co-Treasurer (612) 109-204e Robef Reistad Co-Treasuer (65r) 7'144594 Directors: Catherine Daht Ron Ericksoo Jodie Graba$ki Donita Haack Mike Lund Al Pearsotr Ron Suiler Lisa Theis Kathy Tmvis Gdry Unger July 20,2016 Chief Paul Schnell Maplewood Police Departrnent 1830 Co. Rd. B Maplewood, MN 55109 Please convey our'gratitude to those that were at the fair this year and those that support the involvement of the Maplewood Police and Police Reserves each year at the Ramsey County Fair. We are very grateful for the support. It is, in large part, due to all ofthe volunteers that we are able to pull the fair together each year. The police reserves provide a significant support for safety during the fair, for the fireworks, and the parade. Thank you! It is our intention tlat this enclosed contribution be dedicated for materials and or training for the Police Reserves; and, we hope it will, in some way, communicate our apprcciation for their help. The contribution is a small token of thanks for the cooperation we have received from the City of Maplewood over the past many years. Thanks again for all ofyour assistance and support. Sincerely, Joe x S ecretarv,Manager C.C. Tom Tousignant RanreeyCoutdy Fain Board 2020 White Bear Av. Maple&oo{ MN 55109 Dear Paul; G4, Attachment 2 Packet Page Number 43 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works Scott Schultz, Utility/Fleet/Parks Superintendent DATE: August 2, 2016 SUBJECT: Approval to Authorize Sanitary Lift Station # 6 Repairs Introduction The 2016 capital outlay budget includes funding for the replacement of the valves and valve pit at lift station #6 located at 1035 Lakewood Dr. N. Council approval is requested to move forward with this project, City Project 16-14. Background This lift station, built in 1986, is located adjacent to Beaver Lake and is the largest volume lift station in Maplewood. The valves, piping, and valve pit are in very poor condition. The valves continuously leak and are not able to be serviced. Due to the valves being unserviceable there is a high possibility they could fail. Failure could result in costly sanitary sewer overflows affecting residents and the environment. This project was previously identified and approved within the 5-year capital improvement plan (CIP). Budget Impact The 2016 CIP identified $65,000.00 under project number PW03.210 for the project described above. The cost will be funded by the Sanitary Sewer enterprise fund. Due to the cost being in the 50 to 99 thousand dollar range, the purchasing policy allows us to obtain three quotes. Each quote includes a $10,000.00 construction allowance, so the planned cost is $10,000.00 less than the total quote if unforeseen conditions do not arise. The following three quotes were obtained: Magney Construction, Inc. $94,550.00 Minnesota Mechanical Solutions Inc. $77,200.00 Rice Lake Construction Group $69,150.00 Recommendation It is recommended that the council authorize the Sanitary Lift Station #6 Repairs to proceed with Rice Lake Construction Group with a quote of $69,150.00, and establish an overall budget of $80,000.00 from the Sanitary Sewer Fund, which would cover both construction and indirect costs. Attachments 1. Quote Results Letter G5 Packet Page Number 44 of 192 G5, Attachment 1 Packet Page Number 45 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Chief of Police DATE: August 2, 2016 SUBJECT: Approval to Transfer Ownership of K-9 Yoda to Officer Gabriel and Family Introduction Maplewood Police K-9 Yoda was retired from service with the City of Maplewood at the completion of his tour of duty on the morning of August 1, 2016. Now that Yoda is retired, the department seeks Council approval to transfer ownership of this unique item of property from the City to his handler, Officer Tony Gabriel. Background Officer Tony Gabriel and K-9 “Yoda” began their partnership in service to the City of Maplewood on March 5, 2007. The relationship between police officer handler and K-9 is unique and storied, and it is commonplace for official ownership of the retired police service dog to be transferred to the handler/partner. Officer Gabriel has agreed to assume full ownership, responsibility, and care of Yoda for the remainder of his days. It is acknowledged that due to the bond between the handler and the canine, to allow the canine to be disposed of by public auction, as a piece of surplus “property,” would be irresponsible, inhumane, and pose potential liability to the City in that the canine may never acclimate and accept another human handler and thus be then-disposed to antisocial, potentially harmful behavior. Officer Gabriel has agreed to take full possession, ownership and responsibility for the canine, Yoda, following approval by the City Council, August 8, 2016. The transfer of ownership of the canine from the City to Tony Gabriel without remuneration to the City is premised upon the purpose of protecting the City from potential liability and preserving the canine’s life by transitioning the animal to domestic pet environment. City acknowledges the aforementioned as appropriate and compelling under the circumstances. Officer Gabriel shall hold City harmless from this date forward and City shall be held harmless for any and all future actions attributable to the canine, “Yoda.” Budget Impact No adverse budgetary impact. Recommendation Approval of resolution pertaining to the retirement of and ownership status of Maplewood Police Service Dog (K-9) “Yoda.” G6 Packet Page Number 46 of 192 Attachments 1. Resolution G6 Packet Page Number 47 of 192 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA A RESOLUTION PERTAINING TO THE RETIREMENT AND OWNERSHIP STATUS OF MAPLEWOOD POLICE SERVICE DOG (K-9) “YODA.” WHEREAS, the Maplewood Police Department has had a successful police service dog (K-9) program that has honorably and ably served the City for many years; and WHEREAS, in 2007 Maplewood Police Officer Tony Gabriel was selected to serve as the department’s police service dog handler and completed a comprehensive and demanding training program with his canine partner “Yoda;” and WHEREAS, upon completion of the training program Officer Gabriel and Yoda began a successful partnership of service to the City; and WHEREAS, Officer Gabriel and Yoda were responsible for the apprehension of numerous criminal suspects, and the execution of countless building and evidence searches; and WHEREAS, during their partnership, Yoda and Officer Gabriel demonstrated the unique skills and abilities of police service dogs to thousands of local residents and visitors at community, civic, and school events; and WHEREAS, Yoda was retired from service with the City of Maplewood at the completion of his tour of duty on the morning of August 1, 2016; and WHEREAS, the relationship between the police officer handler and K-9 is unique and storied, and it is commonplace for official ownership of the retired police service dog to be transferred to the handler/partner; and WHEREAS, Officer Gabriel has agreed to assume full ownership, responsibility, and care of Yoda for the remainder of his days. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota; 1. That the faithful, valued, and committed service of Maplewood police service dog, Yoda, is hereby acknowledged and lauded; and 2. That the care and training of Yoda provided by Maplewood Police Officer Tony Gabriel is recognized and commended; and 3. That full ownership, responsibility, and care for Yoda shall be transferred to Officer Gabriel in accordance with the separate Agreement and “Bill of Sale” document; and G6, Attachment 1 Packet Page Number 48 of 192 4. That transfer of ownership to Officer Gabriel shall be without remuneration in recognition of the special bond and unique characteristics of police service dogs; and 5. That the City Attorney prepared Agreement and “Bill of Sale” transferring ownership from the City to Officer Gabriel as executed by Officer Gabriel and the Chief of Police is accepted and approved, and, finally 6. That the City Council extends its gratitude to Officer Gabriel for the competent care of his canine partner and publically acknowledges Yoda’s well-deserved transition from police service to family pet. Adopted this 8th day of August 2016, _______________________________ Nora Slawik, Mayor Attest: _____________________ Karen Haag, City Clerk G6, Attachment 1 Packet Page Number 49 of 192 MEMORANDUM TO: City Council FROM: Mike Funk, Assistant City Manager / Human Resources Director DATE: August 3, 2016 SUBJECT: Approval of Memorandum of Understanding for Interim Legal Services Introduction/Background The City’s Civil Attorney, Alan Kantrud, has tendered his resignation effective August 5, 2016. Mr. Kantrud was selected in January of 2015 to continue serving as the City’s Civil Attorney, a position he has held since 2006. Mr. Kantrud’s current contract runs through December 31, 2019. In the next few months, the City will be soliciting Requests for Proposals to retain a firm for civil representation. To ensure coverage until the RFP process is completed it is recommended to approve a Memorandum of Understanding with Kennedy & Graven, Chartered for civil representation. Recommendation It is recommended that the City Council approve the Memorandum of Understanding with Kennedy & Graven, Chartered for civil representation. Attachments 1. Memorandum of Understanding G7 Packet Page Number 50 of 192 G7, Attachment 1 Packet Page Number 51 of 192 G7, Attachment 1 Packet Page Number 52 of 192 G7, Attachment 1 Packet Page Number 53 of 192 G7, Attachment 1 Packet Page Number 54 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental and City Code Specialist DATE: July 27, 2016 SUBJECT: Consider Approval of an Amendment to the Maplewood Rental and Owner-Occupied Housing Maintenance Ordinance Introduction On average, Maplewood Code Enforcement sends more than 300 code violation notices a year to both rental and owner-occupied housing. Historically, when addressing code issues the city has used the same procedure for both types of properties. During the course of a recent code violation hearing staff determined that some of the wording in the current rental housing code is vague as it relates to the notification process and could cause issues in prosecuting code violations. Additionally, to clarify wording in the rental housing code, staff is proposing a few minor changes to the Owner-Occupied Housing Maintenance code that will streamline the enforcement process. By rewriting Section 12-110 and removing the majority of Section 12-154 the notification process for rental and owner-occupied housing will be congruent. Background Section 12-110 (compliance orders) in the rental housing maintenance regulations requires that aside from all the normal actions required for compliance orders, the enforcement officer shall send a registered or certified copy of the notice to the property owner before any court action is taken. Section 12-154 (compliance orders) in the owner-occupied housing regulations requires that the enforcement officer send a registered or certified copy of the orders to the property owner. Discussion The intent of the compliance order section is to provide reasonable notice to property owners. In this case, the requirement that the enforcement officer send a registered or certified letter to the property owner adds an additional enforcement hurdle in both time and resources. The process outlined in Sections 12-110 and 12-154 already provides the owners of the property a reasonable amount of notice to address and abate the existing code violations at their property without the need for a certified letter. H1 Packet Page Number 55 of 192 Upon conducting research, staff found cities such as Roseville, North Saint Paul, Stillwater, Richfield, and West Saint Paul have a wide range of requirements for code violation notices. Some are in line with the Maplewood’s existing code and some have a process that resembles the proposed code revisions. The change will be in line with what is legally required and expected for abatement orders for owner-occupied housing and will be in line with how staff has been issuing ordinance violation notifications in the past. Budget Impact None Recommendation Adopt the resolution amending Section 12-110 removing subsection (b) in the Maplewood Rental Housing Maintenance Code and amend the Owner-Occupied Housing Maintenance Code Section 12-154 (4) to follow the revised notification process outlined in Section 12-110. . Attachments 1. Ordinance Amendments to Section 12-110 and Section 12-154 H1 Packet Page Number 56 of 192 ORDINANCE NO. ___ AN ORDINANCE AMENDMENT TO THE MAPLEWOOD RENTAL HOUSING AND OWNER- OCCUPIED HOUSING MAINTENANCE CODE The Maplewood City Council _________ the following revision to the Maplewood Code of Ordinances. (Deletions are struck through, additions are underlined.) Section 1. Section 12-110 and 12-154 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 12-110. - Compliance orders. (a) Whenever an Enforcement Officer determines that any dwelling, dwelling unit or rooming unit, or the premises surrounding any of these, fails to meet the requirements of this Article, the Officer may issue a Compliance Order. Compliance Orders shall state the violation(s) of the Article and order the occupant and/or owner or agent to correct such violations. This Compliance Order shall: (1) Be in writing. (2) Describe the location and nature of the violation of this Article. (3) Set the required corrective action and a date and time for the completion of the correction of such violation. This compliance order shall also let the owner or operator know of the appeal recourse. (4) Advise the occupant and/or owner or agent of the appeal procedure. (b) Before taking any court action, the enforcement officer shall send a registered or certified copy of the notice to the owner. (5) Be served upon the owner, his agents or the occupant, as follows: a. Served upon him personally personal service; b. Sent by mail to his last known address; or to the property address; c. posted at a conspicuous place in on or about the dwelling property which the notice affects. conspicuously. (6) Be served upon the owner or agent as follows: a. personal service; b. sent by mail to the address indicated by County property records for owner or; c. sent by mail to the address and posted at property for Agent of Owner. H1, Attachment 1 Packet Page Number 57 of 192 Sec. 12-154. - Compliance order. (a) Whenever the enforcement officer determines that any owner-occupied dwelling or the premises fails to meet the requirements of this article, he may issue a compliance order setting forth the violation of this article and ordering the owner, occupant, operator or agent to correct such violation. This compliance order shall: be in accordance with Section 12-110. (1) Be in writing. (2) Describe the location and nature of the violation of this article. (3) Establish a time for the correction of such violation and give notice of the appeal recourse. (4) Be served upon the owner. Such notice shall be deemed to be properly served upon such owner if a copy thereof is: a. Served upon him personally; b. Sent by registered, or certified, or U.S mail; or c. Upon failure to effect notice through subsections (4)a and (4)b of this section, be Posted at a conspicuous place in or about the dwelling which is affected by the notice. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council ________ this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk H1, Attachment 1 Packet Page Number 58 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 1, 2016 SUBJECT: Consider Approval of Amendments to the Maplewood Planning and Parks and Recreation Commission Ordinances Introduction At the May 23, 2016 workshop, the city council was given updates on each of the city’s volunteer board and commissions and considered potential alterations to the groups to help with recruitment and to ensure the effectiveness of the time volunteered by commissioners. At the workshop reducing the amount of required members for two of the city’s commissions was discussed. Also, at an upcoming council meeting staff will be bringing proposed revisions to four of the commissions’ rules of procedures where minor adjustments will be proposed. Discussion Staff is recommending the city council consider reducing the memberships of the planning and parks and recreation commissions from nine members to seven members. Overall the city is having a difficult time recruiting new members to serve on its volunteer commissions. The planning commission currently has three vacancies and it has been a couple of years since all nine seats were filled. The city’s other nine-member commission – parks and recreation commission – has also had difficulty in recruiting enough members to fill all of its seats. Both commissions recently voted to recommend reducing its membership to seven. Commission Review Parks and Recreation Commission At the April 20, 2016 meeting, the commission reviewed the proposed ordinance amendment and voted to recommend reducing its membership from nine to seven members. Planning Commission At the June 7, 2016 meeting, the commission reviewed the proposed ordinance amendment and voted to recommend reducing its membership from nine to seven members. H2 Packet Page Number 59 of 192 Budget Impact None Recommendation Staff recommends approval of amendments to the planning and parks and recreation commissions’ enabling ordinances to reduce its memberships from nine to seven members. Attachment 1. Proposed Amendment to the Planning Commission’s Ordinance 2. Proposed Amendment to the Parks and Recreation’s Commission’s Ordinance H2 Packet Page Number 60 of 192 ORDINANCE NO. ___ AN ORDINANCE AMENDING THE MAPLEWOOD ADMINISTRATION CODE TO REDUCE THE NUMBER OF REQUIRED PLANNING COMMISSION MEMBERS Section 1. This amendment revises Section 2-248, Composition; appointment; qualifications; terms to read as follows (additions are underlined and deletions are crossed): Section 2-248. Composition; appointment; qualifications; terms. (a) The planning commission shall have nine seven members appointed by the city council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. Section 2. This ordinance shall take effect upon publication. The Maplewood City Council approved this ordinance on ____________, 2016. ____________________________ Mayor Attest: _____________________________ City Clerk H2, Attachment 1 Packet Page Number 61 of 192 ORDINANCE NO. ___ AN ORDINANCE AMENDING THE MAPLEWOOD PARKS AND RECREATION CODE TO REDUCE THE NUMBER OF REQUIRED PARKS AND RECREATION COMMISSION MEMBERS Section 1. This amendment revises Section 26-31, Created; composition; appointment to read as follows (additions are underlined and deletions are crossed): Sec. 26-31. - Created; composition; appointment. There is hereby created a city park and recreation commission consisting of nine seven members to be appointed by the city council. Section 2. This ordinance shall take effect upon publication. The Maplewood City Council approved this ordinance on ____________, 2016. ____________________________ Mayor Attest: _____________________________ City Clerk H2, Attachment 2 Packet Page Number 62 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 1, 2016 SUBJECT: Consider Approval of an Amendment to the Maplewood Zoning Ordinance Regarding Temporary Accessory Dwelling Units Introduction In this year's legislative session a bill was passed that requires cities to allow “temporary accessory dwelling units.” The law exempts said applications for units that meet the definition from typical zoning authority and requires cities to approve them within 15 days. The law requires the dwellings to be permitted with only a doctor's note confirming a qualified condition on the part of the resident(s) and provides blanket exceptions to typical building, zoning, and fire regulations. While being debated, many Minnesota cities presented concerns and objections to allowing said structures for health, safety, and neighborhood concerns to the legislature through the League of Minnesota Cities. The end result was a law requiring cities and counties to allow them; however, the law also provides that cities and counties may opt out of the law by local ordinance. The new law goes into effect on September 1, 2016. The League of Minnesota Cities has prepared the attached opt out ordinance for consideration. The City Attorney has also reviewed the ordinance and is in support of opting-out of this law until its impact can be better understood with respect to its impact in Maplewood. Discussion The requirement of approving this new form of housing in the City without regard to standard zoning procedures has many implications to the City and neighborhoods as it creates higher densities by allowing two dwelling units on lots zoned for only one dwelling unit. From a planning standpoint there are many concerns with the new law including: • Not requiring a survey (as is required for many other permits and structures) so the actual location may not be correct • There is no means to process or reject a temporary CUP • The permit circumvents the public input process • The permit is automatically extended with no option to revoke (arbitrary on its face) • There is no reference to compliance with shoreland, floodplain or wetland requirements There are several alternatives in Maplewood to house those needing temporary housing for health reasons. Those include: family member spare bedrooms, existing apartment-stock, assisted living facilities, short term health care facilities, and various group homes. H3 Packet Page Number 63 of 192 There are provisions within the legislation that are in conflict with other statutes as well. Some of the information required for permits is private and as such there are HIPPA data handling (privacy) concerns. The legislation requires the City to review and enforce its provisions but does not provide the tools and finances to do so (unfunded mandate). Based on Maplewood’s adopted policies, ordinances, and codes the provisions of this legislation are not consistent with the City’s objectives. The legislation allows people to live in a structure that does not have to meet state building, plumbing, electrical codes or building permit requirements. This legislation may be well-intended but it does not adequately address concerns of the City. If the City does not adopt the opt out ordinance, starting September 1, 2016, people will be able to move these temporary dwelling units (similar to a "Tiny House") onto lots that have an existing home with no way for the City to say, “no.” By opting out of this law, the City protects its zoning authority while also reserving the right to review its own ordinances if there is a desire to provide for this type of housing. Once considered by the City in a thoughtful manner such a housing option may be in the best interests of the City but it will be on the City’s terms and subject to much more review, process and authority. Commission Review At the July 19, 2016 Planning Commission meeting, the commission reviewed the proposed ordinance and recommended approval. Budget Impact None Recommendation Staff recommends the approval of the ordinance opting out of allowing temporary dwelling units. Attachment 1. Proposed Ordinance 2. League of Minnesota Cities’ Summary of Temporary Family Health Care Dwelling Statute H3 Packet Page Number 64 of 192 ORDINANCE NO. ___ AN ORDINANCE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 WHEREAS, on May 12, 2016 Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. 462.3593, which permit and regulate temporary family health care dwellings; WHEREAS, subdivision 9 of Minn. Stat. 462.3593 allows cities to “opt out” of those regulations; THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, ORDAINS: SECTION 1. Section 44-21 of the Maplewood Code of Ordinances is hereby added as follows: Sec. 44-21. OPT-OUT OF MINNESOTA STATUTES, SECTION 462.3593. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Maplewood opts-out of the requirements of Minnesota Statutes, Section 462.3593. SECTION 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk H3, Attachment 1 Packet Page Number 65 of 192 Temporary Family Health Care Dwellings of 2016 Allowing Temporary Structures – What it means for Cities Introduction: On May 12, 2016, Governor Dayton signed, into law, a bill creating a new process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling.1 Community desire to provide transitional housing for those with mental or physical impairments and the increased need for short term care for aging family members served as the catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short term care alternative for a “mentally or physically impaired person”, by allowing them to stay in a “temporary dwelling” on a relative’s or caregiver’s property.2 Where can I read the new law? Until the state statutes are revised to include bills passed this session, cities can find this new bill at 2016 Laws, Chapter 111. Does the law require cities to follow and implement the new temporary family health care dwelling law? Yes, unless a city opts out of the new law or currently allows temporary family health care dwellings as a permitted use. Considerations for cities regarding the opt-out? These new temporary dwellings address an emerging community need to provide more convenient temporary care. Cities may want to consider the below when analyzing whether or not to opt out: • The new law alters a city’s level of zoning authority for these types of structures. • While the city’s zoning ordinances for accessories or recreational vehicles do not apply, these structures still must comply with setback requirements. • A city’s zoning and other ordinances, other than its accessory use or recreational vehicle ordinances, still apply to these structures. Because conflicts may arise between the statute and a city’s local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. • Although not necessarily a legal issue for the city, it seems worth mentioning that the permit process does not have the individual with the physical or mental impairment or that 1 2016 Laws, Chapter 111. 2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute at the time of publication of this FAQ are North Carolina and Virginia. It is worth noting that some states have adopted Accessory Dwelling Unit (ADU) statutes to allow granny flats, however, these ADU statutes differ from Minnesota’s Temporary Health Care Dwelling law. H3, Attachment 2 Packet Page Number 66 of 192 individual’s power of attorney sign the permit application or a consent to release his or her data. • The application’s data requirements may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. • The new law sets forth a permitting system for both cities and counties 3. Cities should consider whether there is an interplay between these two statutes. Do cities need to do anything to have the new law apply in their city? No, the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don’t already allow temporary family health care dwellings as a permitted use under their local ordinances. By September 1, 2016, however, cities will need to be prepared to accept applications, must have determined a permit fee amount 4 (if the city wants to have an amount different than the law’s default amount), and must be ready to process the permits in accordance with the short timeline required by the law. What if a city already allows a temporary family health care dwelling as a permitted use? If the city already has designated temporary family health care dwellings as a permitted use, then the law does not apply and the city follows its own ordinance. The city should consult its city attorney for any uncertainty about whether structures currently permitted under existing ordinances qualify as temporary family health care dwellings. What process should the city follow if it chooses to opt out of this statute? Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide clear guidance on how to treat this opt-out ordinance. However, since the new law adds section 462.3593 to the land use planning act (Minn. Stat. ch. 462), arguably, it may represent the adoption or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357, subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to err on the side of caution and treat the opt-out ordinance as a zoning provision.5 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? 3 See Minn. Stat. §394.307 4 Cities do have flexibility as to amounts of the permit fee. The law sets, as a default, a fee of $100 for the initial permit with a $50 renewal fee, but authorizes a city to provide otherwise by ordinance. 5 For smaller communities without zoning at all, those cities still need to adopt an opt-out ordinance. In those instances, it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the statute, cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. H3, Attachment 2 Packet Page Number 67 of 192 Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute, the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out, the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute, the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including, but not limited to:6 • Name, address, and telephone number of the property owner, the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care, primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician, physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more “instrumental activities of daily life;”7 • An executed contract for septic sewer management or other proof of adequate septic sewer management; • An affidavit that the applicant provided notice to adjacent property owners and residents; • A general site map showing the location of the temporary dwelling and the other structures on the lot; and • Compliance with setbacks and maximum floor area requirements of primary structure. 6 New Minn. Stat. § 462.3593, subd. 3 sets forth all the application criteria. 7 This is a term defined in law at Minn. Stat. § 256B.0659, subd. 1(i) as “activities to include meal planning and preparation; basic assistance with paying bills; shopping for food, clothing, and other essential items; performing household tasks integral to the personal care assistance services; communication by telephone and other media; and traveling, including to medical appointments and to participate in the community.” H3, Attachment 2 Packet Page Number 68 of 192 The law requires all of the following to sign the application: the primary caregiver, the owner of the property (on which the temporary dwelling will be located) and the resident of the property (if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a “caregiver” or “relative” resides. The statute defines caregiver as “an individual, 18 years of age or older, who: (1) provides care for a mentally or physically impaired person; and (2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring.” The definition of “relative” includes “a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships.” Is this program just for the elderly? No. The legislature did not include an age requirement for the mentally or physically impaired dweller. 8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as “mentally or physically impaired,” defined as “a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state.” The law specifically limits the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month renewal option. Further, there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the “granny flat” with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; 8 The law expressly exempts a temporary family health care dwelling from being considered “housing with services establishment”, which, in turn, results in the 55 or older age restriction set forth for “housing with services establishment” not applying. H3, Attachment 2 Packet Page Number 69 of 192 • Must provide access to water and electrical utilities (by connecting to principal dwelling or by other comparable means 9); • Must have compatible standard residential construction exterior materials; • Must have minimum insulation of R-15; • Must be portable (as defined by statute); • Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361 (industrialized/modular buildings), “and contain an Industrialized Buildings Commission seal and data plate or to American National Standards Institute Code 119.2”10; and • Must contain a backflow check valve.11 Does the State Building Code apply to the construction of a temporary family health care dwelling? Mostly, no. These structures must meet accessibility standards (which are in the State Building Code). The primary types of dwellings proposed fall within the classification of recreational vehicles, to which the State Building Code does not apply. Two other options exist, however, for these types of dwellings. If these structures represent a pre-fabricated home, the federal building code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, they must be constructed consistent with the State Building Code (as stated in Minnesota Rules, Chapter 1361). What health, safety and welfare requirements does this new law include? Aside from the construction requirements of the unit, the temporary family health care dwelling must be located in an area on the property where “septic services and emergency vehicles can gain access to the temporary family health care dwelling in a safe and timely manner.” What local ordinances and zoning apply to a temporary health care dwelling? The new law states that ordinances related to accessory uses and recreational vehicle storage and parking do not apply to these temporary family health care dwellings. However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and applicable state laws still apply. Because conflicts may arise between the statute and one or more of the city’s other local ordinances, cities should confer with their city attorneys to analyze their current ordinances in light of the new law. What permit process should cities follow for these permits? The law creates a new type of expedited permit process. The permit approval process found in Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame for which the local governmental unit has to make a decision on granting the permit. Due to the time sensitive 9 The Legislature did not provide guidance on what represents “other comparable means”. 10 ANSI Code 119.2 has been superseded by NFPA 1192. For more information, the American National Standards Institute website is located at https://www.ansi.org/. 11 New Minn. Stat. § 462.3593, subd. 2 sets forth all the structure criteria. H3, Attachment 2 Packet Page Number 70 of 192 nature of issuing a temporary dwelling permit, the city has only 15 days (rather than 60 days) (no extension is allowed) to either issue or deny a permit. The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application, telling the requester what information is missing. For those councils that regularly meet only once a month, the law provides for a 30-day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at $100 for the initial permit with a $50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes, but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The permit holder then has sixty (60) days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data, the city could, for example, request that the required certification of need simply state “that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living”, without including in that certification data or information about the specific reasons for the assistance, the types of assistance, the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes. As with any new law, to determine the potential impact on cities, the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at pwhitmore@lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266. H3, Attachment 2 Packet Page Number 71 of 192 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 72 of 192 I1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: August 8, 2016 SUBJECT: Consider Approval of Bond Resolutions: a. General Obligation Bonds, Series 2016A b. General Obligation Refunding Bonds, Series 2016B ____________________________________________________________________________ Introduction On June 27, 2016, the Council gave preliminary approval for the sale of $3,765,000 of G.O. Bonds, Series 2016A and $6,190,000 of G.O. Refunding Bonds, Series 2016B. Bids for the sale of these bonds will be opened Monday, August 8, 2016. The 2016A bonds will finance capital improvements and equipment as follows: Street improvement bonds in the amount of $1,935,000 will finance the Sterling Street and Bebe Road improvements. CIP bonds in the amount of $1,320,000 will finance city building improvements. Equipment certificates will be issued in the amount of $510,000 to cover the cost of a new ambulance and a playground for Goodrich Park. The 2016B refunding bonds will serve the following purpose: Advance refunding bonds in the amount of $6,190,000 will be used to refund maturities of existing G.O. Bonds, Series 2007A and 2008A. The Council will award bids for the bonds at their regular meeting on Monday, August 8, 2016. A recommendation regarding the award will be made by a representative of Springsted Inc. Budget Impact Estimated net present value of savings to the City for the refunding bonds is $408,642, or 6.6% of the principal amount of the refunding bonds. Debt service for the street improvement, CIP and equipment bonds are reflected in the City’s CIP and long-term financial plan. Recommendation Staff recommends approval of the two resolutions on the recommendation of Springsted, Inc. Attachments 1. Resolution for Series 2016A bonds 2. Resolution for Series 2016B bonds Packet Page Number 73 of 192 7755897v1 I1, Attachment 1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: August 8, 2016 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 8th day of August, 2016, at 7:00 P.M., for the purpose of awarding the sale of, $3,765,000 General Obligation Bonds, Series 2016A of the City. The following members were present: and the following were absent: Member ____________ introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,765,000 GENERAL OBLIGATION BONDS, SERIES 2016A PLEDGING SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on June 27, 2016, after publication of a notice of public hearing, the City of Maplewood, Minnesota (the "City"), held a hearing on the proposed issuance of general obligation capital improvement plan bonds pursuant to Minnesota Statutes, Section 475.521, Subd. 2 and adopted the 2016 through 2021 Capital Improvement Plan for the City of Maplewood, Minnesota (the "Capital Improvement Plan"), in accordance with the provisions of Minnesota Statutes, Section 475.521, Subd. 3 and all persons who wished to speak or to provide written information relative to the public hearing were afforded the opportunity to do so; and B. WHEREAS, the Capital Improvement Plan provides for the financing of improvements to the city hall, public works and public safety facilities as outlined in the City's Capital Improvement Plan by the issuance of general obligation capital improvement bonds (the "Capital Improvements"); and C. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement bonds has been filed with the City Clerk within thirty days after the date the public hearing on the issuance of the general obligation capital improvement bonds was held; and D. WHEREAS, the City proposes to finance the construction of various public Improvements in the City (the "Improvements") pursuant to Minnesota Statutes, Chapters 429 and 475; and Packet Page Number 74 of 192 7755897v1 I1, Attachment 1 3 E. WHEREAS, the Improvements and all their components have been ordered, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and F. WHEREAS, pursuant to Minnesota Statutes, Section 412.301, the City proposes to finance the acquisition of capital equipment for the City through the issuance of general obligation bonds (the "Equipment"); and G. WHEREAS, each piece of equipment to be financed has an expected useful life at least as long as the term of the Equipment Portion of the Bonds (as hereinafter defined); and H. WHEREAS, the principal amount of the Equipment Portion of the Bonds does not exceed 0.25% of the market value of taxable property in the City; and I. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $3,765,000 General Obligation Bonds, Series 2016A (the "Bonds") of the City, pursuant to Minnesota Statutes, Chapters 429 and 475 and Minnesota Statutes, Section 412.301, to finance (i) the Capital Improvements set forth in the Capital Improvement Plan, (ii) the Improvements, and (iii) the acquisition of the Equipment; and J. WHEREAS, $___________ in principal amount of the Bonds (the "CIP Portion of the Bonds") will finance the Capital Improvements set forth in the Capital Improvement Plan and $_____________ in principal amount of the Bonds (the "Improvement Portion of the Bonds") will finance the Improvements and $_____________ in principal amount of the Bonds (the "Equipment Portion of the Bonds") will finance the acquisition of the Equipment; and K. WHEREAS, the City has retained Springsted Incorporated ("Springsted"), as its independent financial advisor, in connection with the sale of the Bonds, and therefore the City is authorized to negotiate the sale of the Bonds without compliance with the public sale requirements of Minnesota Statutes, Section 475.60; Subdivision 2(9); and L. WHEREAS, the proposals set forth on Attachment A attached hereto were received by the City Clerk, or designee, at the offices of Springsted, at 10:00 a.m. this same day pursuant to the Terms of Proposal established for the Bonds; and M. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ______________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. Packet Page Number 75 of 192 7755897v1 I1, Attachment 1 4 2. Terms of Bonds. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated September 8, 2016, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R 1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2018 $ 2026 $ 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 2032 2025 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final security amounts confirming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation of Bonds to Capital Improvements, Improvements and to Equipment. $______________ of aggregate principal amount of the Bonds maturing in the years and amounts hereinafter set forth are properly allocable to the costs of the Capital Improvements (the "CIP Portion of the Bonds"); $______________ of the aggregate principal amount of the Bonds maturing in the years and amounts hereinafter set forth are properly allocable to the costs of the Improvements (the "Improvement Portion of the Bonds"); and $__________ of the aggregate principal amount of the Bonds maturing in the years and amounts hereinafter set forth are properly allocable to the acquisition of the Equipment (the "Equipment Portion of the Bonds"): Packet Page Number 76 of 192 7755897v1 I1, Attachment 1 5 CIP Portion Improvement Portion Equipment Portion Year Amount Year Amount Year Amount 2018 2018 2018 2019 2019 2019 2020 2020 2020 2021 2021 2021 2022 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 2028 2029 2029 2030 2030 2031 2031 2032 2032 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, including a tax levy, the prepayment may be allocated to any portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). Packet Page Number 77 of 192 7755897v1 I1, Attachment 1 6 (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). Packet Page Number 78 of 192 7755897v1 I1, Attachment 1 7 (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any Packet Page Number 79 of 192 7755897v1 I1, Attachment 1 8 such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The CIP Portion of the Bonds shall provide funds to finance the construction of the Capital Improvements, the Improvement Portion of the Bonds shall provide funds to finance the construction of the Improvements, and the Equipment Portion of the Bonds shall provide funds to finance the acquisition of the Equipment (collectively, the "Project"). The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2018 % 2026 % 2019 2027 2020 2028 2021 2029 2022 2030 2023 2031 2024 2032 2025 5. Redemption. All Bonds maturing on February 1, 2026, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for Packet Page Number 80 of 192 7755897v1 I1, Attachment 1 9 each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holder) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution (with respect to interest payment and record date). 7. Form of Bond. The Bonds to be issued hereunder, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: Packet Page Number 81 of 192 7755897v1 I1, Attachment 1 10 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-___ $_____________ GENERAL OBLIGATION BOND, SERIES 2016A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % September 8, 2016 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: _______________________________ DOLLARS The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2017, at the rate per annum specified above (calculated on the basis of a 360 day year of twelve 30 day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Packet Page Number 82 of 192 7755897v1 I1, Attachment 1 11 Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2026, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2025, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,765,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on August 8, 2016 (the "Resolution"), for the purpose of providing money to finance the construction of the capital Packet Page Number 83 of 192 7755897v1 I1, Attachment 1 12 improvements set forth in the City's Capital Improvement Plan, various municipal improvements, and the acquisition of capital equipment. This Bond is payable out of the General Obligation Bonds, Series 2016A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Packet Page Number 84 of 192 7755897v1 I1, Attachment 1 13 Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration ____________________ BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By: ________________________ Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk Packet Page Number 85 of 192 7755897v1 I1, Attachment 1 14 ___________________________________________________________ ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ____________________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners Packet Page Number 86 of 192 7755897v1 I1, Attachment 1 15 if the Bond is held by joint account.) 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is September 8, 2016. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. Packet Page Number 87 of 192 7755897v1 I1, Attachment 1 16 All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Finance Director is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. Packet Page Number 88 of 192 7755897v1 I1, Attachment 1 17 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Bonds, Series 2016A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less any amount paid for the Bonds in excess of the minimum bid, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Capital Account there shall be paid all costs and expenses of making the the Capital Improvements, the Improvements and acquiring the Equipment, including the cost of any construction or other contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Capital Improvements or Improvements there shall remain any unexpended balance in the Capital Account attributable to the CIP Portion or the Improvement Portion of the Bonds, the balance (other than any special assessments) shall be transferred to the Debt Service Account or may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Capital Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There shall be maintained three separate subaccounts in the Debt Service Account to be designated the "Capital Improvement Debt Service Subaccount", the "Improvement Debt Service Subaccount", and the "Equipment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (a) Capital Improvement Debt Service Subaccount. To the Capital Improvement Debt Service Subaccount there shall be credited: (A) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (B) all taxes herein and hereafter levied for the payment of the CIP Portion of the Bonds; (C) a pro rata share of all funds remaining in the Capital Account after completion of the Capital Improvements and payment of the costs thereof; (D) all investment earnings on funds held in the Capital Improvement Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Capital Improvement Debt Service Subaccount. The Capital Improvement Debt Service Packet Page Number 89 of 192 7755897v1 I1, Attachment 1 18 Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the CIP Portion of the Bonds. (b) Improvement Debt Service Subaccount. To the Improvement Debt Service Subaccount there shall be credited: (A) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (B) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Capital Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (C) any collections of all taxes which herein or hereafter levied for the payment of the principal and interest on the Improvement Portion of the Bonds; (D) a pro rata share of all funds remaining in the Capital Account after completion of the Improvements and payment of the costs thereof; (E) all investment earnings on funds held in the Improvement Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Debt Service Subaccount. The Improvement Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (c) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (B) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (C) a pro rata share of all funds remaining in the Capital Account after acquisition of the Equipment and payment of the costs thereof; (D) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (E) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Equipment Portion of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect any special assessments against benefitted properties are also pledged to the Debt Service Account, in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). Packet Page Number 90 of 192 7755897v1 I1, Attachment 1 19 16. Covenants as to the Improvement Portion of the Bonds. (a) Assessments. It is hereby determined that a portion of the cost to the City of the Improvements financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be heretofore levied against every assessable lot, piece and parcel of land benefitted by the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering the Improvements financed hereunder unless the resolution ordering the Improvements specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments are payable in equal, consecutive installments of principal, with general taxes for the years shown below, and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than ______% per annum: Improvements Designation Amount Levy Years Collection Years 2016-2030 2017-2031 At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 2016-2030 2017-2031 See attached schedule The tax levies are such that if collected in full they, together with special assessments and other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Improvement Portion of the Bonds. The tax levies Packet Page Number 91 of 192 7755897v1 I1, Attachment 1 20 shall be irrepealable so long as the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (c) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Improvement Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Improvement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Improvement Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Improvement Debt Service Subaccount when a sufficient balance is available therein. 17. Covenants as to the CIP Portion of the Bonds. (a) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the CIP Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 2016-2030 2017-2031 See attached schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the CIP Portion of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the CIP Portion of the Bonds. The tax levies shall be irrepealable so long as the CIP Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (b) General Obligation Pledge. For the prompt and full payment of the principal and interest on the CIP Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Capital Improvement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the CIP Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Capital Improvement Debt Service Subaccount when a sufficient balance is available therein. 18. Covenants as to the Equipment Portion of the Bonds. (a) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and Packet Page Number 92 of 192 7755897v1 I1, Attachment 1 21 collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 2016-2020 2017-2021 See attached schedule The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (b) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Equipment Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Equipment Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Equipment Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Equipment Debt Service Subaccount when a sufficient balance is available therein. 19. Certificate of Registration and Tax Levy. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register and the tax levy required by law has been made. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called Packet Page Number 93 of 192 7755897v1 I1, Attachment 1 22 for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 22. Negative Covenant as to Use of Proceeds and Projects. The City hereby covenants not to use the proceeds of the Bonds or to use the Capital Improvements, Improvements or the Equipment, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Capital Improvements, the Improvements or the Equipment, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such Packet Page Number 94 of 192 7755897v1 I1, Attachment 1 23 modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 24. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment earnings to the United States. The City expects to satisfy the twenty four month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, the Finance Director, or either of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2016 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2016 have been designated for purposes of Section 265(b)(3) of the Code. (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). Packet Page Number 95 of 192 7755897v1 I1, Attachment 1 24 The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member __________________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Packet Page Number 96 of 192 7755897v1 I1, Attachment 1 25 and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Packet Page Number 97 of 192 7755897v1 I1, Attachment 1 26 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of $3,765,000 General Obligation Bonds, Series 2016A of said City. WITNESS my hand this ____ day of August, 2016. _______________________________________ Clerk Packet Page Number 98 of 192 7755897v1 I1, Attachment 2 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: August 8, 2016 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on August 8, 2016, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $6,190,000 General Obligation Refunding Bonds, Series 2016B. The following members were present: and the following were absent: Member ______________ introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $6,190,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016B, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to issue $6,190,000 General Obligation Refunding Bonds, Series 2016B (the "Bonds" or individually, a "Bond") pursuant to Minnesota Statutes Chapter 475 to provide moneys for a crossover refunding of the City's (i) $10,060,000 original principal amount General Obligation Improvement Bonds, Series 2007A, dated July 1, 2007 (the “Prior 2007A Bonds”), which mature or are subject to mandatory redemption on and after April 1, 2018 (the “2007A Refunding Portion of the Bonds); and (ii) $9,970,000 original principal amount of General Obligation Bonds, Series 2008A, dated July 1, 2008 (the "Prior 2008A Bonds") maturing on and after April 1, 2019, consisting of (a) an "Improvement Portion" (the "2008A Improvement Refunding Portion of the Bonds") to which special assessments were pledged and (b) a "State-Aid Portion" (the "2008A State-Aid Refunding Portion of the Bonds") to which revenues were pledged pursuant to Minnesota Statutes, Section 162.18, which Prior 2008A Bonds mature on and after April 1, 2019 (together, the "Refunding Portion of the Prior 2008A Bonds"); and B. WHEREAS, $2,490,000 aggregate principal amount of the Prior 2007A Bonds which mature or are subject to mandatory redemption on and after February 1, 2018 (the “Refunded 2007A Bonds”), is callable on August 1, 2017 (the "August 1, 2017 Crossover Date"), at a price of par plus accrued interest, as provided in the resolution adopted on June 11, 2007, authorizing the issuance of the Prior 2007A Bonds (the "Prior 2007A Resolution"); and C. WHEREAS, $3,545,000 aggregate principal amount of the Prior 2008A Bonds which mature on and after April 1, 2019 (the "Refunded 2008A Bonds", and together with the Refunded 2007A Bonds, the “Refunded Bonds”), is callable on April 1, 2018 (the "April 1, 2018 Packet Page Number 99 of 192 7755897v1 I1, Attachment 2 28 Crossover Date", and together with the August 1, 2017 Crossover Date, the “Crossover Dates”), at a price of par plus accrued interest, as provided in the resolution adopted on June 9, 2008, authorizing the issuance of the Prior 2008A Bonds (the "Prior 2008A Resolution", and together with the Prior 2007A Resolution, the “Prior Resolutions”); and D. WHEREAS, the crossover refunding of the Refunded 2007A Bonds on the August 1, 2017 Crossover Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and E. WHEREAS, the crossover refunding of the Refunded 2008A Bonds on the April 1, 2018 Crossover Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and F. WHEREAS, the average annual amount of principal and interest due in all subsequent calendar years on the 2008A State-Aid Refunding Portion of the Bonds, and on all other bonds (if any) payable from the City's account in the Municipal State-Aid Street Fund ($____________) does not exceed 90% of the amount of the last annual allotment preceding the issuance of the 2008A State-Aid Refunding Portion of the Bonds received by the City from the Municipal State-Aid Street Fund Construction Account ($____________); and G. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $6,190,000 General Obligation Refunding Bonds, Series 2016B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, Section 162.18, and Chapter 429 to provide moneys for a crossover refunding of the Refunded Bonds; and H. WHEREAS, the City has retained Springsted Incorporated, in St. Paul, Minnesota ("Springsted"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Springsted; and I. WHEREAS, the proposals set forth on Attachment A attached hereto were received by the City Clerk, or designee, at the offices of Springsted, at 10:00 a.m. this same day pursuant to the Terms of Proposal established for the Bonds; and J. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ______________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to Packet Page Number 100 of 192 7755897v1 I1, Attachment 2 29 the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities. The Bonds shall be dated September 8, 2016, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature, without option of prepayment, on April 1 in the years and amounts as follows: Year Amount 2018 2019 2020 2021 2022 2023 2024 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation of Bonds; Allocation of Prepayments to Portions of Debt Service. The 2007A Refunding Portion of the Bonds in the aggregate principal amount of $__________ maturing in each of the years and amounts hereinafter set forth, is issued to refund the Prior 2007A Bonds. The Improvement Refunding Portion of the Bonds, being the aggregate principal amount of $______________, is further bifurcated as follows: (i) the 2008A Improvement Refunding Portion of the Bonds in the aggregate principal amount of $__________ maturing in each of the years and amounts hereinafter set forth, is issued to refund the 2008A Improvement Refunding Portion of the Prior Bonds, and (ii) the 2008A State-Aid Refunding Portion of the Bonds in the aggregate principal amount of $__________ maturing in each of the years and amounts hereinafter set forth, is issued to refund the 2008A State-Aid Refunding Portion of the Prior 2008A Bonds. Packet Page Number 101 of 192 7755897v1 I1, Attachment 2 30 Year 2007A Refunding Portion of the Bonds (Amount) 2008A Improvement Refunding Portion of the Bonds (Amount) 2008A State-Aid Refunding Portion of the Bonds (Amount) Total Amount 2018 2019 2020 2021 2022 2023 2024 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, including a tax levy, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is special assessments pledged to the Prior 2007A Bonds or the 2008A Improvement Refunding Portion of the Bonds, the prepayment shall be allocated to the 2007A Refunding Portion of Debt Service or the 2008A Improvement Refunding Portion, as applicable, of debt service, as applicable. If the source of a prepayment is an allotment received from the City's account in the Municipal State-Aid Street Fund pledged to the 2008A State-Aid Refunding Portion of the Bonds, the prepayment shall be allocated to the 2008A State-Aid Refunding Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). Packet Page Number 102 of 192 7755897v1 I1, Attachment 2 31 (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). Packet Page Number 103 of 192 7755897v1 I1, Attachment 2 32 (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. Packet Page Number 104 of 192 7755897v1 I1, Attachment 2 33 (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. (a) The 2007A Refunding Portion of the Bonds shall provide funds for a crossover refunding of the Refunded 2007A Bonds (the "2007A Refunding"). It is hereby found, determined and declared that the 2007A Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13. With respect to the Refunded 2007A Bonds, as of the August 1, 2017 Crossover Date there shall result a debt service savings of $_______________ for the Prior 2007A Bonds computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12. The dollar amount of such present value of the debt service for the Prior 2007A Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior 2007A Bonds as required by Minnesota Statutes, Section 475.67, Subdivision 12. (b) The Refunding Portion of the Prior 2008A Bonds shall provide funds for a crossover refunding of the Refunded 2008A Bonds (the “2008A Refunding” and together with the 2007A Refunding, the "Refunding"). It is hereby found, determined and declared that the 2008A Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13. With respect to the Refunded 2008A Bonds, as of the April 1, 2018 Crossover Date there shall result a debt service savings of $_______________ for the Prior 2008A Bonds computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12. The dollar amount of such present value of the debt service for the Prior 2008A Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior 2008A Bonds as required by Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing April 1, 2017, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate 2018 2019 2020 2021 2022 2023 2024 5. No Optional. The Bonds shall maturing shall not be subject to redemption and prepayment prior to their stated maturity dates. Packet Page Number 105 of 192 7755897v1 I1, Attachment 2 34 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: Packet Page Number 106 of 192 7755897v1 I1, Attachment 2 35 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________ $_________ GENERAL OBLIGATION REFUNDING BOND, SERIES 2016B Interest Rate Maturity Date Date of Original Issue CUSIP April 1, September 8, 2016 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior payment, and to pay interest thereon semiannually on April 1 and October 1 of each year (each, an "Interest Payment Date"), commencing April 1, 2017, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Packet Page Number 107 of 192 7755897v1 I1, Attachment 2 36 No Optional Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $6,190,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on August 8, 2016 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding (i) on August 1, 2017, of the Issuer's General Obligation Improvement Bonds, Series 2007A, dated July 1, 2007, which mature on or are subject to mandatory redemption and after February 1, 2018, and (ii) on April 1, 2018, of the Issuer's General Obligation Bonds, Series 2008A, dated July 1, 2008, which mature on and after April 1, 2019. This Bond is payable out of the General Obligation Refunding Bonds, Series 2016B Fund of the Issuer established by the City pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Packet Page Number 108 of 192 7755897v1 I1, Attachment 2 37 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: ________________________ BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. Bank National Association St. Paul, Minnesota Bond Registrar By____________________ Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk Packet Page Number 109 of 192 7755897v1 I1, Attachment 2 38 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:__________ _____________________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ Packet Page Number 110 of 192 7755897v1 I1, Attachment 2 39 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of September 8, 2016. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. Packet Page Number 111 of 192 7755897v1 I1, Attachment 2 40 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund designated the General Obligation Refunding Bonds, Series 2016B Fund (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other Packet Page Number 112 of 192 7755897v1 I1, Attachment 2 41 funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been full paid. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Escrow Account. The Escrow Account is established and shall be maintained as an escrow account with U.S. Bank National Association. (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement by and between the City and Escrow Agent (the "Escrow Agreement"), a form of which is on file in the office of the Administrator. $__________ proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account, $____________ proceeds of the sale of the Bonds shall be used to pay costs of issuance of the Bonds, and any residual amount of Bond proceeds shall be returned to the City and deposited to the Debt Service Account. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the 2007A Refunding Portion of the Bonds to and including the August 1, 2017 Crossover Date; (ii) to pay when due the interest to accrue on the Refunding Portion of the Prior 2008A Bonds to and including the April 1, 2018 Crossover Date; (iii) to pay when called for redemption on the August 1, 2017 Crossover Date, the principal amount of the Refunded 2007A Bonds; and (iv) to pay when called for redemption on the April 1, 2018 Crossover Date, the principal amount of the Refunded 2008A Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the 2007A Refunding Portion of the Bonds to and including the August 1, 2017 Crossover Date; (ii) all interest on the Refunding Portion of the Prior 2008A Bonds to and including the April 1, 2018 Crossover Date; (iii) the principal of the Refunded 2007A Bonds due by reason of their call for redemption on the August 1, 2017 Crossover Date; and (iv) the principal of the Refunded 2008A Bonds due by reason of their call for redemption on the April 1, 2018 Crossover Date. (b) There shall be maintained three separate subaccounts in the Debt Service Account to be designated the "2007A Improvement Debt Service Subaccount", the "2008A Improvement Refunding Debt Service Subaccount" and the "2008A State-Aid Refunding Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) 2007A Improvement Refunding Debt Service Subaccount. To the 2007A Improvement Refunding Debt Service Subaccount there shall be credited: (A) after the August 1, 2017 Crossover Date, all uncollected special assessments pledged to the payment of the Prior 2007A Bonds; (B) collections of all taxes herein or hereafter levied for the payment of the Prior 2007A Bonds; (C) a pro rata share of any sums remitted to the City pursuant to the Escrow Agreement; (D) a pro rata share of any amount paid for the 2007A Refunding Portion of the Bonds in excess of the minimum bid; (E) all investment earnings on funds held in the 2007A Improvement Refunding Debt Service Subaccount; any funds remaining after the April 1, 2018 Crossover Date in the 2008A Packet Page Number 113 of 192 7755897v1 I1, Attachment 2 42 State-Aid Improvements Debt Service Subaccount established by the Prior 2008A Resolution; (F) any funds remaining after the August 1, 2017 Crossover Date in the Debt Service Fund established by the Prior 2007A Resolution (as defined therein); and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the 2007A Improvement Refunding Debt Service Subaccount. The 2007A Improvement Refunding Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the 2007A Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. The amount of any surplus remaining in the 2007A Improvement Refunding Debt Service Subaccount when the 2007A Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (ii) 2008A Improvement Refunding DebtService Subaccount. To the 2008A Improvement Refunding Debt Service Subaccount there shall be credited: (A) after the April 1, 2018 Crossover Date, all uncollected special assessments pledged to the payment of the 2008A Improvement Refunding Portion of the Bonds; (B) any collections of all taxes herein or hereafter levied for the payment of the 2008A Improvement Refunding Portion of the Bonds; (C) a pro rata share of any sums remitted to the City pursuant to the Escrow Agreement; (D) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (E) all investment earnings on funds held in the 2008A Improvement Refunding Debt Service Subaccount; (F) any funds remaining after the April 1, 2018 Crossover Date in the Debt Service Fund established by the Prior 2008A Resolution (as defined therein); and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the 2008A Improvement Refunding Debt Service Subaccount. The 2008A Improvement Refunding Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the 2008A Improvement Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. The amount of any surplus remaining in the 2008A Improvement Refunding Debt Service Subaccount when the 2008A Improvement Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (iii) 2008A State-Aid Refunding Street Debt Service Subaccount. To the 2008A State-Aid Refunding Street Debt Service Subaccount there shall be credited an amount of moneys allotted or to be allotted to the City from its account in the Municipal State-Aid Street Fund sufficient to pay the principal of and interest on the 2008A 2008A State-Aid Refunding Portion of the Bonds. Upon receipt from the Commissioner of Finance of the annual amount of money needed for payment of principal and interest due each year, the allotment shall be deposited in the State-Aid Refunding Street Debt Service Subaccount. There are also hereby irrevocably appropriated and pledged to, and there shall be credited to, the State-Aid Refunding Street Debt Service Subaccount: (A) collections of all taxes herein or hereinafter levied for the payment of the 2008A 2008A State-Aid Refunding Portion of the Bonds and interest thereon; (B) all investment earnings on funds held in the 2008A State-Aid Refunding Street Debt Service Subaccount; (C) any funds remaining after the April 1, 2018 Crossover Date in the Packet Page Number 114 of 192 7755897v1 I1, Attachment 2 43 2008A State-Aid Improvements Debt Service Subaccount established by the Prior 2008A Resolution; and (D) any and all other moneys which are properly available and are appropriated by the governing body of the City to the 2008A State-Aid Refunding Street Debt Service Subaccount. The 2008A State-Aid Refunding Street Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the 2008A 2008A State-Aid Refunding Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (b) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the 2007A Refunding Portion of the Bonds. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior 2007A Resolution, which were pledged to the payment of the principal and interest on the Prior 2007A Bonds and, after the August 1, 2017 Crossover Date, the uncollected special assessments for the Prior 2007A Bonds are now pledged to the payment of principal and interest on the 2007A Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together with estimated collections of other revenues pledged for the payment of the 2007A Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the 2007A Refunding Portion of the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Improvement Designations Amount Levy Years Collection Years Rate Five Projects 2016-2022 2017-2023 Packet Page Number 115 of 192 7755897v1 I1, Attachment 2 44 At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on 2007A Refunding Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 20__-20__ 20__-20__ See attached Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and any other revenues herein pledged for the payment of 2007A Refunding Portion of the Bonds and sums held in the Escrow Account, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on 2007A Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of 2007A Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior 2007A Bonds, the uncollected taxes levied in the Prior 2007A Resolution authorizing the issuance of the Prior 2007A Bonds which are not needed to pay the Prior 2007A Bonds as a result of the Refunding shall be canceled. (c) General Obligation Pledge. For the prompt and full payment of the principal and interest on the 2007A Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the 2007A Improvement Refunding Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the 2007A Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the 2007A Improvement Refunding Debt Service Subaccount when a sufficient balance is available therein. 17. Covenants Relating to the 2008A Improvement Refunding Portion of the Bonds. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior 2008A Resolution, which were pledged to the payment of the principal and interest on the 2008A Improvement Refunding Portion of the Bonds and, after the April 1, 2018 Crossover Date, the uncollected special assessments for the 2008A Improvement Refunding Portion of the Bonds are now pledged to the payment of principal and interest on the 2008A Improvement Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together with estimated collections of other revenues pledged for the payment of the 2008A Improvement Refunding Portion of the Bonds, will produce at least five percent in excess Packet Page Number 116 of 192 7755897v1 I1, Attachment 2 45 of the amount needed to meet when due the principal and interest payments on the 2008A Improvement Refunding Portion of the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Improvement Designations Amount Levy Years Collection Years Rate See Attached Schedule At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on 2008A Improvement Refunding Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount 20__-20__ 20__-20__ See attached Schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and any other revenues herein pledged for the payment of 2008A Improvement Refunding Portion of the Bonds and sums held in the Escrow Account, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on 2008A Improvement Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of 2008A Improvement Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the 2008A Improvement Refunding Portion of the Bonds, the uncollected taxes levied in the Prior 2008A Resolution authorizing the issuance of the Prior 2008A Bonds which are not needed to pay the 2008A Improvement Refunding Portion of the Bonds as a result of the Refunding shall be canceled. (c) General Obligation Pledge. For the prompt and full payment of the principal and interest on the 2008A Improvement Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the 2008A Improvement Refunding Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the 2008A Improvement Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the 2008A Improvement Refunding Debt Service Subaccount when a sufficient balance is available therein. Packet Page Number 117 of 192 7755897v1 I1, Attachment 2 46 18. Covenants Relating to the 2008A State-Aid Refunding Portion of the Bonds. (a) Certification to Commissioner. Upon the sale of the 2008A State-Aid Refunding Portion of the Bonds an officer of the City shall promptly certify to the Commissioner of Transportation, State of Minnesota, the amount of money required annually for the payment of principal and interest on the 2008A State-Aid Refunding Portion of the Bonds, all in accordance with Minnesota Statutes, Section 162.18. (b) Expenditure Consistent with Minnesota Statutes Chapter 162. Proceeds of the 2008A State-Aid Refunding Portion of the Bonds shall be spent only in accordance with the provisions of law and the rules and regulations of the Commissioner of Transportation relating to the establishment, location, relocation, construction, reconstruction and/or improvement of municipal State-Aid streets within the City. The City has been complying, and shall continue to comply with the requirements of Minnesota Statutes, Chapter 162 with respect to the 2008A State-Aid Refunding Portion of the Bonds and the 2008A State-Aid Refunding Portion of the Bonds. (c) 105% Debt Service Coverage. It is hereby determined and reasonably anticipated that the estimated collections of the sums pledged to the 2008A State-Aid Refunding Debt Service Subaccount will produce at least five percent in excess of the amount needed to meet, when due, the principal of and interest on the State-Aid Street Refunding Portion of the Prior 2008A Bonds. (d) General Obligation Pledge. For the prompt and full payment of the principal and interest on the 2008A State-Aid Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the 2008A State-Aid Street Refunding Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the 2008A State-Aid Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the 2008A State-Aid Street Refunding Debt Service Subaccount when a sufficient balance is available therein. 19. Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 20. Escrow Agreement. On or prior to the delivery of the Bonds the Mayor, Clerk and the Finance Director shall, and are hereby authorized and directed to, execute the Escrow Agreement on behalf of the City. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. Packet Page Number 118 of 192 7755897v1 I1, Attachment 2 47 21. Purchase of SLGS or Open Market Securities. The Escrow Agent, as agent for the City, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 19, from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 22. Redemption of Refunded Bonds. The Refunded 2007A Bonds and the Refunded 2008A Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notices of Call for Redemption, in the forms attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notices of Call for Redemption shall be given pursuant to the Escrow Agreement. 23. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24. Supplemental Resolution. The Prior Resolutions are hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 25. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 26. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 27. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Packet Page Number 119 of 192 7755897v1 I1, Attachment 2 48 Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 28. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Projects financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Projects, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 29. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code and no exceptions are available. 30. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2016 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2016 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 31. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 32. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Packet Page Number 120 of 192 7755897v1 I1, Attachment 2 49 The motion for the adoption of the foregoing resolution was duly seconded by member _______________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. Packet Page Number 121 of 192 7755897v1 I1, Attachment 2 50 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $6,190,000 General Obligation Refunding Bonds, Series 2016B. WITNESS my hand on August 8, 2016. ___________________________ Clerk Packet Page Number 122 of 192 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, Economic Development Coordinator DATE: August 1, 2016 SUBJECT: Consider Approval of the Publication of the Draft Environmental Assessment Worksheet (EAW) for 3M Introduction Sherri Buss of TKDA, representing 3M Company, is requesting that the city council authorize the publication of the Draft Environmental Assessment Worksheet (EAW) for 3M Company’s proposal 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. If approved for publication, the EAW would be published in the EQB Monitor and would be made available to public agencies, as well as the public, during the required 30 day comment period. Please refer to the attached memorandum from Sherri Buss, of TKDA, and the attached draft EAW with its supporting data. Budget Impact None Recommendation Authorize the publication of the 3M Company Draft Environmental Assessment Worksheet in the EQB Monitor for public agency comments. Attachments 1. Memorandum from Sherri Buss of TKDA dated July 28, 2016 2. Draft EAW J1 Packet Page Number 123 of 192 Memorandum To: Maplewood City Council Reference: EAW for proposed 3M B229 Parking Ramp Replacement Copies To: Michael Martin, Economic Development Coordinator Mary Lenzmeier-Carlson, 3M Company Project No.: From: Sherri Buss, Senior Planner, TKDA Routing: Brian Fitgerald, AIA, Project Manager, TKDA Date: July 28, 2016 Bradley Jones, P.E., Civil Engineer, TKDA 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 size of the new ramp requires preparation of a mandatory Environmental Assessment Worksheet (EAW). The City of Maplewood is the Responsible Governmental Unit for the EAW. Draft EAW and Authorization to Distribute to Reviewing Agencies and the Public TKDA completed the Draft EAW on 3M’s behalf. City staff have reviewed the Draft EAW. The next step in the EAW process is City Council approval of 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. The availability of the Draft EAW will be noticed in the EQB Monitor and local newspapers. TKDA will mail copies of the EAW to the state’s required distribution list, and copies will be available at the City and local libraries. 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: August 8, 2016 City Council authorizes Draft EAW for distribution to Environmental Quality Board (EQB) distribution list August 15, 2016 Submit Draft EAW notice to EQB Monitor for publication on August 22 J1, Attachment 1 Packet Page Number 124 of 192 August 22, 2016 30-day comment period begins September 20, 2016 30-day comment period ends September 28, 2016 TKDA provides draft responses to comments to 3M and City October 10, 2016 City Council approves Findings of Fact and Record of Decision for EAW October 17, 2016 City decision notice to EQB Monitor and distributed to commenting agencies October 24, 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 Draft EAW for public notice and distribution for the 30-day comment period. J1, Attachment 1 Packet Page Number 125 of 192 July 2013 version ENVIRONMENTAL ASSESSMENT WORKSHEET This Environmental Assessment Worksheet (EAW) form and EAW Guidelines are available at the Environmental Quality Board’s website . The EAW form provides information about a project that may have the potential for significant environmental effects. The EAW Guidelines provide additional detail and resources for completing the EAW form. Cumulative potential effects can either be addressed under each applicable EAW Item, or can be addresses collectively under EAW Item 19. Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project title: 3M B229 Parking Ramp Project EAW 2. Proposer: 3. RGU Mary A. Lenzmeier Carlson Michael Martin Project Leader Economic Development Coordinator 3M Center Resident Engineering City of Maplewood 3M Center, 216-3S-18 1830 County Road B East Saint Paul, MN 55144-1000 Maplewood, MN 55109 Phone: 651-269-1513 Phone: 651-249-2303 Email: macarlson-lenzmeier@mmm.com Email: michael.martin@maplewoodmn.gov 4. Reason for EAW Preparation: (check one) Required:Discretionary: EIS Scoping Citizen petition X Mandatory EAW RGU discretion Proposer initiated If EAW or EIS is mandatory give EQB rule category subpart number(s) and name(s): Response: Minnesota Rules 4410.4300 Subpart 14(B) – Construction of a New or Expansion of Existing Industrial, Commercial, or Institutional Facility 5. Project Location: County: Ramsey City/Township:Maplewood PLS Location (¼, ¼, Section, Township, Range): Section 36, Township 29N, Range 22W Watershed (81 major watershed scale): #20 – Upper Mississippi Watershed, Twin Cities GPS Coordinates: Latitude: 44d57’06”N; Longitude: 92d59’52”W Tax Parcel Number: 36.29.22.24.0005 At a minimum attach each of the following to the EAW: County map showing the general location of the project; U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); and Site plans showing all significant project and natural features. Pre-construction site plan and post-construction site plan. J1, Attachment 2 Packet Page Number 126 of 192 6. Project Description: a. Provide the brief project summary to be published in the EQB Monitor, (approximately 50 words). Response: 3M Company is proposing to demolish an existing parking ramp (including 1,556 parking spaces) and construct a new 4-level parking ramp in the same location. The new ramp will include approximately 1,866 stalls. The project will also include an adjacent surface parking lot. b. Give a complete description of the proposed project and related new construction, including infrastructure needs. If the project is an expansion include a description of the existing facility. Emphasize: 1) construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes, 2) modifications to existing equipment or industrial processes, 3) significant demolition, removal or remodeling of existing structures, and 4) timing and duration of construction activities. Response: The existing parking ramp on the site will be demolished in two phases, and the materials (mainly concrete) will be recycled or disposed safely in a licensed landfill. The ramp site will be cleared and graded as needed to accommodate the new parking ramp and surface parking lot. The footprint of the new ramp is approximately 150,000 square feet, and the ramp will include four levels of parking. Demolishing the existing ramp and constructing the new ramp will take approximately 15 months. The preconstruction project site with the existing ramp is shown on Figure 3. The post- construction site is shown on Figure 4. c. Project magnitude: Total Project Acreage 8.5 Acres Linear project length N/A Number and type of residential units N/A Commercial building area (in square feet) N/A Industrial building area (in square feet) Institutional building area (in square feet) Other uses – specify (in square feet)Parking Ramp total square footage is approximately 600,000 sq. ft. Structure height(s)4 levels (55 feet) J1, Attachment 2 Packet Page Number 127 of 192 J1, Attachment 2 Packet Page Number 128 of 192 J1, Attachment 2 Packet Page Number 129 of 192 J1, Attachment 2 Packet Page Number 130 of 192 J1, Attachment 2 Packet Page Number 131 of 192 d. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. Response: The project purpose is to replace an aging parking ramp with a new ramp. The existing ramp has experienced significant deterioration, and the cost to continue repairs would be high. The new ramp will replace the aging ramp and provide additional parking at the 3M Center Campus. e. Are future stages of this development including development on any other property planned or likely to happen? Yes X No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. f. Is this project a subsequent stage of an earlier project? Yes X No If yes, briefly describe the past development, timeline and any past environmental review. 7. Cover types: Estimate the acreage of the site with each of the following cover types before and after development: Table 1. Cover Types Before After Before After Wetlands Lawn/landscaping 5%5% Deep water/streams Impervious surface 95%95% Wooded/forest Storm water Pond Brush/Grassland Other (describe) Cropland TOTAL 100%100% 8. Permits and approvals required: List all known local, state and federal permits, approvals, certifications and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. All of these final decisions are prohibited until all appropriate environmental review has been completed. See Minnesota Rules, Chapter 4410.3100. J1, Attachment 2 Packet Page Number 132 of 192 Table 2. Permits and Approvals Required Unit of Government Type of Application Status State National Pollutant Discharge Elimination System Construction Storm water Permit To be applied forMinnesota Pollution Control Agency Section 401 Water Quality Certification To be applied for (if needed) Local Ramsey-Washington Metro Watershed District Watershed District Permit To be applied for City of Maplewood Building Permits Community Design Review Approval Grading Permit Approval to be requested To be applied for Cumulative potential effects may be considered and addressed in response to individual EAW Item Nos. 9-18, or the RGU can address all cumulative potential effects in response to EAW Item No. 19. If addressing cumulative effect under individual items, make sure to include information requested in EAW Item No. 19 9. Land use: a. Describe: i. Existing land use of the site as well as areas adjacent to and near the site, including parks, trails, prime or unique farmlands. Response: The site is located on the 3M Center Campus, north of Interstate 94 and between 8th Street and 11th Street. The City of Maplewood’s 2030 Comprehensive Plan identifies the entire 3M Center Campus as an area of “Mixed Use Industrial” land uses on the existing and future land use maps included in the plan. The City’s Zoning Map identifies the portion of the 3M Center Campus that includes the project site as a Heavy Manufacturing use. Land uses to the west and south of the 3M Center Campus, across McKnight Road North and Interstate 94, include existing single- family residential and commercial uses. The project site is surrounded by other developed portions of the 3M Center Campus. The project is compatible with and similar to existing uses on the 3M Center Campus. McKnight Road and Interstate 94 separate the site and surrounding campus from the residential and commercial areas to the west and south. The surrounding uses and 3M Center Campus have co-existed in this location for decades. Traffic to and from the new parking ramp will utilize McKnight Road, Interstate 94, and the roadways within the 3M Center Campus, and will not travel through the single family neighborhoods. Storm water from the project site will be managed within the campus using new and existing infrastructure and best management practices approved by the City of Maplewood and J1, Attachment 2 Packet Page Number 133 of 192 J1, Attachment 2 Packet Page Number 134 of 192 Ramsey-Washington Metro Watershed District. Treated storm water will discharge from the site to Battle Creek as it does under current site conditions. This analysis identified no new impacts to surrounding neighborhoods as a result of construction of the new parking ramp and surface parking lot. There is an existing open space area around 3M Lake at the north side of the 3M Center Campus, but there are no other parks, trails, or farmlands near the project site that will be affected by the project. ii. Plans. Describe planned land use as identified in comprehensive plan (if available) and any other applicable plan for land use, water, or resources management by a local, regional, state, or federal agency. Response: The City of Maplewood 2030 Comprehensive Plan identifies the 3M Center Campus, including the project site, as an area of “Mixed Industrial” use. The site is within the Ramsey- Washington Metro Watershed District, and the District’s current Watershed Management Plan indicates that the site is within the Battle Creek sub watershed. The project site is not within other regional, state or federal land use plans or districts. iii. Zoning, including special districts or overlays such as shore land, floodplain, wild and scenic rivers, critical area, agricultural preserves, etc. Response: The project site is not within a shore land, floodplain, wild and scenic river, critical area, agriculture preserves, or other special zoning district or overlay district. b. Discuss the project’s compatibility with nearby land uses, zoning, and plans listed in Item 9a above, concentrating on implications for environmental effects. Response: The project site is surrounded by other developed portions of the 3M Center Campus. The project is similar to and compatible with the other uses on the 3M Center Campus, which includes other parking ramps and surface parking areas, office buildings, and laboratory and research facilities. The project and use are consistent with the current zoning for the area (Heavy Manufacturing), and consistent with the existing and proposed land use plans in the City’s 2030 Comprehensive Plan. The replacement of the existing ramp with a new ramp and surface parking lot will not change traffic levels and patterns in the area, and is compatible with the City’s existing and proposed transportation system. The site is currently occupied by 100% impervious surface, and the land coverage will be the same after the development of the new ramp and parking lot. The project will obtain all necessary permits for potential environmental effects to be consistent with local plans and rules. c. Identify measures incorporated into the proposed project to mitigate any potential incompatibility as discussed in Item 9b above. Response: The project is consistent with adjacent land uses, zoning, and plans, and no mitigation is needed. 10. Geology, soils and topography/land forms: a. Geology - Describe the geology underlying the project area and identify and map any susceptible geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or karst conditions. Discuss any limitations of these features for the project and any effects the project could have on these features. Identify any project designs or mitigation measures to address effects to geologic features. Response: The Ramsey County Groundwater Protection Plan (2009) indicates that the uppermost bedrock layer in the area of the site is Platteville Limestone that is more than 90 feet J1, Attachment 2 Packet Page Number 135 of 192 below the surface. Soil layers above the bedrock are composed of glacial outwash materials that have been modified at the surface by urban land uses. There are no known or mapped sinkholes or karst conditions on the site or in the immediate area. The geology of the site does not limit the project or require mitigation measures to accommodate the project. b. Soils and topography - Describe the soils on the site, giving NRCS (SCS) classifications and descriptions, including limitations of soils. Describe topography, any special site conditions relating to erosion potential, soil stability or other soils limitations, such as steep slopes, highly permeable soils. Provide estimated volume and acreage of soil excavation and/or grading. Discuss impacts from project activities (distinguish between construction and operational activities) related to soils and topography. Identify measures during and after project construction to address soil limitations including stabilization, soil corrections or other measures. Erosion/sedimentation control related to storm water runoff should be addressed in response to Item 11.b.ii. Response: The Ramsey County Soil Survey indicates that the soils on the site are classified as #858—Urban land-Chetek complex, and the NRSC soil classification is Chetek Series. These soils are located on glacial outwash plains and have been developed for urban uses. The Soil Survey indicated that the soils are well-suited to building and urban development. The upper soil has been compacted by previous land uses and is not highly-permeable. Underlying soils are moderately-permeable, and surface runoff may be slow to rapid on Chetek Series soils. The potential for soil contamination from wastes or chemicals is moderate. The site slopes gently west to east, but has no steep slopes. Stabilization or soil correction will not be required to prepare this site for project construction. Construction will include demolishing and removing the existing structure, grading the site for the new structure, and excavation as needed for the new parking ramp. Estimated acreage of soil disturbance: 8.5 acres. NOTE: For silica sand projects, the EAW must include a hydrogeological investigation assessing the potential groundwater and surface water effects and geologic conditions that could create an increased risk of potentially significant effects on groundwater and surface water. Descriptions of water resources and potential effects from the project in EAW Item 11 must be consistent with the geology, soils and topography/land forms and potential effects described in EAW Item 10. Response: N/A 11. Water resources: a. Describe surface water and groundwater features on or near the site in a.i. and a.ii. below. i. Surface water - lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory waterfowl feeding/resting lake, and outstanding resource value water. Include water quality impairments or special designations listed on the current MPCA 303d Impaired Waters List that are within 1 mile of the project. Include DNR Public Waters Inventory number(s), if any. Response: The project area is not adjacent to any DNR protected public waters or wetlands. The project area is within approximately 1 mile of Battle Creek between Battle Creek Lake 82- 91P and Pigs Eye Lake 62-4P. The location of the DNR protected water is shown on Figure 6. The site runoff discharges through a 72-inch culvert under Interstate 94 to Battle Creek. Battle Creek is located within 1 mile of the project, and drains to Battle Creek Lake. Battle Creek Lake is listed on the current MPCA 303d Impaired Waters List, and is impaired for Aquatic Recreation and Aquatic Consumption. J1, Attachment 2 Packet Page Number 136 of 192 ii. Groundwater – aquifers, springs, seeps. Include: 1) depth to groundwater; 2) if project is within a MDH wellhead protection area; 3) identification of any onsite and/or nearby wells, including unique numbers and well logs if available. If there are no wells known on site or nearby, explain the methodology used to determine this. Response: Historic soil borings completed within the project area identified shallow ground water at 35-45 feet below the soil surface across the project area. There are no existing wells on the project site. The project is not located within a Minnesota Department of Health wellhead protection area. The Minnesota Well Index lists several 3M Company wells within ½ mile of the project, including: Well ID 767867 – located on 7th Street east of the project area and used by 3M for irrigation Well ID 207968 – located west of the project in 3M Building #201 Well ID 207969 – located west of the project area in 3M Building #207 b. Describe effects from project activities on water resources and measures to minimize or mitigate the effects in Item b.i. through Item b.iv. below. i. Wastewater - For each of the following, describe the sources, quantities and composition of all sanitary, municipal/domestic and industrial wastewater produced or treated at the site. 1) If the wastewater discharge is to a publicly owned treatment facility, identify any pretreatment measures and the ability of the facility to handle the added water and waste loadings, including any effects on, or required expansion of, municipal wastewater infrastructure. J1, Attachment 2 Packet Page Number 137 of 192 J1, Attachment 2 Packet Page Number 138 of 192 2) If the wastewater discharge is to a subsurface sewage treatment systems (SSTS), describe the system used, the design flow, and suitability of site conditions for such a system. 3) If the wastewater discharge is to surface water, identify the wastewater treatment methods and identify discharge points and proposed effluent limitations to mitigate impacts. Discuss any effects to surface or groundwater from wastewater discharges. Response: Waste water treatment at the project site will consist of sanitary floor drains within the enclosed portions of the ramp for the capture of snow melt and vehicle runoff and mop sinks for janitorial purposes. The site discharges sanitary wastewater to the Metropolitan Council’s Wastewater Treatment Plant via the Maplewood municipal sanitary sewer system. On site pretreatment will include a flammable waste trap. The increased demand will not require any modifications or expansion of the Maplewood municipal sewer system or the Metropolitan Waste water Treatment Facility. ii. Storm water - Describe the quantity and quality of storm water runoff at the site prior to and post construction. Include the routes and receiving water bodies for runoff from the site (major downstream water bodies as well as the immediate receiving waters). Discuss any environmental effects from storm water discharges. Describe storm water pollution prevention plans including temporary and permanent runoff controls and potential BMP site locations to manage or treat storm water runoff. Identify specific erosion control, sedimentation control or stabilization measures to address soil limitations during and after project construction. Response: Storm water runoff from the project area currently discharges to Battle Creek via storm sewer. The proposed project will maintain existing drainage patterns. The quantity of proposed impervious surface will be similar to the existing condition. The project will slightly reduce the amount of impervious surface within the project area, and will need to meet the current storm water volume reduction standards. The peak runoff rates are expected to be reduced from current levels, as shown on the table below. The use of the space will be similar to the existing condition and, as such, the types of potential contaminants in storm water runoff are expected to be similar, namely, suspended solids and contaminants related to sediment transport. These contaminants will be treated by infiltrating a depth of 1.1 inches of stormwater volume (filtration receives 55% credit, filtration with iron- enhanced media receives 80% credit) over the impervious area. Maintaining the existing peak discharge rates will be managed through the filtration/infiltration basins, releasing the water at a controlled rate. The filtration/infiltration basins will be designed in accordance with the Ramsey Washington Metro Watershed District requirements. Peak flow rates will be controlled for the 2-, 10-, and 100-year storm events. A comparison of existing and proposed peak discharges is shown below (calculations based on Atlas 14). Table 3. Existing and Proposed Peak Discharge to Battle Creek 1.1-inch Event (CFS) 2-Year Event (CFS) 10-Year Event (CFS) 100-Year Event (CFS) Receiving Water Ex.Prop.Ex.Prop.Ex.Prop.Ex.Prop. Battle Creek 10.5 2.0 40.2 7.8 68.4 25.0 136.9 70.5 A Storm Water Pollution Prevention Plan (SWPPP) will be developed in accordance with the requirements of the NPDES Construction Storm water Permit and the RWMWD permit. Specific J1, Attachment 2 Packet Page Number 139 of 192 erosion and sediment control measures consist of rock construction entrances to minimize tracking of sediments off site; culvert end controls and storm drain inlet protection; silt fence and sediment control logs installed down gradient of all construction areas prior to any soil disturbance; sediment control logs placed in ditches; and hydraulic soil stabilizers, mulch, and erosion control blankets applied over all temporary and permanently-seeded areas. iii. Water appropriation - Describe if the project proposes to appropriate surface or groundwater (including dewatering). Describe the source, quantity, duration, use and purpose of the water use and if a DNR water appropriation permit is required. Describe any well abandonment. If connecting to an existing municipal water supply, identify the wells to be used as a water source and any effects on, or required expansion of, municipal water infrastructure. Discuss environmental effects from water appropriation, including an assessment of the water resources available for appropriation. Identify any measures to avoid, minimize, or mitigate environmental effects from the water appropriation. Response: No dewatering or appropriate of ground or surface waters will be needed for this project. iv. Surface Waters a) Wetlands - Describe any anticipated physical effects or alterations to wetland features such as draining, filling, permanent inundation, dredging and vegetative removal. Discuss direct and indirect environmental effects from physical modification of wetlands, including the anticipated effects that any proposed wetland alterations may have to the host watershed. Identify measures to avoid (e.g., available alternatives that were considered), minimize, or mitigate environmental effects to wetlands. Discuss whether any required compensatory wetland mitigation for unavoidable wetland impacts will occur in the same minor or major watershed, and identify those probable locations. Response: Based on a survey of the national wetland inventory and existing land use, there are no identified wetlands that will be disturbed as part of the project. b) Other surface waters- Describe any anticipated physical effects or alterations to surface water features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment, aquatic plant removal and riparian alteration. Discuss direct and indirect environmental effects from physical modification of water features. Identify measures to avoid, minimize, or mitigate environmental effects to surface water features, including in-water Best Management Practices that are proposed to avoid or minimize turbidity/sedimentation while physically altering the water features. Discuss how the project will change the number or type of watercraft on any water body, including current and projected watercraft usage. Response: There are no surface waters that will be physically altered or disturbed as part of the project. 12. Contamination/Hazardous Materials/Wastes: a. Pre-project site conditions - Describe existing contamination or potential environmental hazards on or in close proximity to the project site such as soil or ground water contamination, abandoned dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects from pre-project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. J1, Attachment 2 Packet Page Number 140 of 192 Response: An environmental records search of State and Federal databases was used to assess potential environmental hazards on or near the project site due to past land uses. The MPCA and federal databases identified no locations of hazardous materials, spills, or pipelines on the project site. The MPCA database identified a Leaking Aboveground Storage Tank (LAST) approximately ½ mile from the project site that was reported in 1948, which has been remediated. The Ramsey County Groundwater Protection Plan (2009) indicates that the western edge of the 3M Perfluouochemicals (PFC) groundwater plume exists approximately ½ mile to the east of the project site. The plume extends to the north and east, and does not come within ½ mile of the project site. The project will not involve disturbing soils or sites outside the 8-acre project site. Therefore, there are no potential environmental hazards or contaminated sites that will be disturbed or could be impacted by the proposed project. b. Project related generation/storage of solid wastes - Describe solid wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from solid waste handling, storage and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of solid waste including source reduction and recycling. Response: Demolition of the existing parking ramp will generate solid waste, mainly consisting of concrete and reinforcing steel. The project contractor will recycle materials if possible, and dispose of materials that cannot be recycled in a licensed landfill. c. Project related use/storage of hazardous materials - Describe chemicals/hazardous materials used/stored during construction and/or operation of the project including method of storage. Indicate the number, location and size of any above or below ground tanks to store petroleum or other materials. Discuss potential environmental effects from accidental spill or release of hazardous materials. Identify measures to avoid, minimize or mitigate adverse effects from the use/storage of chemicals/hazardous materials including source reduction and recycling. Include development of a spill prevention plan. Response: No hazardous materials will be used or stored during construction or operation of the project. d. Project related generation/storage of hazardous wastes - Describe hazardous wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from hazardous waste handling, storage, and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of hazardous waste including source reduction and recycling. Response: No hazardous wastes have been identified at the site. If hazardous materials are identified during construction activities (such as asbestos), the owner and contractor will handle and dispose of the materials to meet all local, state and federal requirements. No above- or below- ground storage tanks exist or are planned for the site. J1, Attachment 2 Packet Page Number 141 of 192 13. Fish, wildlife, plant communities, and sensitive ecological resources (rare features): a. Describe fish and wildlife resources as well as habitats and vegetation on or in near the site. b. Describe rare features such as state-listed (endangered, threatened or special concern) species, native plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other sensitive ecological resources on or within close proximity to the site. Provide the license agreement number and/or correspondence number (ERDB 20160453) from which the data were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or species survey work has been conducted within the site and describe the results. Response: The DNR’s Natural Heritage Review of the proposed project identified two rare animal species that have been identified in the vicinity of the project: Blanding’s turtles (Emydoidea blandingii), a state-listed threatened species Northern long-eared bat (Myotis septentrionalis), a federally-listed threatened species and state-listed species of special concern c. Discuss how the identified fish, wildlife, plant communities, rare features and ecosystems may be affected by the project. Include a discussion on introduction and spread of invasive species from the project construction and operation. Separately discuss effects to known threatened and endangered species. Response: Neither of the rare species is likely to be impacted by the project, based on the species and habitat information provided by the DNR: Blanding’s turtles require both wetland and upland habitats to complete their life cycle. There are no wetlands or other vegetated habitats on the project site. The closest wetland is more than ½ mile to the north, and is separated from the site by streets, buildings, and parking lots in developed areas of the 3M Center Campus. Northern long-eared bats hibernate in caves and mines, and utilize trees during their active season (April-October). Activities that may impact the bats include disturbance of habitat in caves and mines, and tree removal. There are no caves or mines on the project site. The new parking ramp will be developed on the site of the existing ramp, and no tree removal will be required for the project. d. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife, plant communities, and sensitive ecological resources. Response: The DNR provided a list of recommendations for areas inhabited by Blanding’s turtles. While there is no Blanding’s turtle habitat within the project area, 3M will provide the DNR’s flyer about Blanding’s turtles to contractors working on the site so they are informed that the turtles have been identified in the project vicinity, and could remove them if any turtles are encountered on the site. The other DNR recommendations apply to projects that have wetlands on or near the site, or include roads as part of the project. The parking ramp project does not have wetlands on or near the site or include roadway development, so these recommendations are not applicable to this project. The Natural Heritage review noted that the NHIS data does not contain any known occurrences of the northern long-eared bat roosts or hibernacula within a one-mile radius of the project. The project will not impact any caves or mines, and will not include tree removal. Therefore, it will not require mitigation or a takings permit for northern long-eared bats. 14. Historic properties: Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close proximity to the site. Include: 1) historic designations, 2) known artifact areas, and 3) architectural features. Attach letter received from the State Historic Preservation Office (SHPO). J1, Attachment 2 Packet Page Number 142 of 192 Discuss any anticipated effects to historic properties during project construction and operation. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties. Response: The State Historic Preservation Office (SHPO) provided the results of their review of the cultural resources database for the project site and surrounding. A copy of the search results is included in the attachments. The search included SHPO’s databases for historic, archaeological, and architectural resources. The search identified five properties within 1 mile of the project site. None of the properties listed on the National Register, or Certified as Eligible for the National Register. None of the properties is located on the 3M Center Campus or near the project site. The properties include two properties on Minnehaha Avenue East, one property on Century Avenue, and Interstate 94, south of the project site. 15. Visual: Describe any scenic views or vistas on or near the project site. Describe any project related visual effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the project. Identify any measures to avoid, minimize, or mitigate visual effects. Response: The new parking ramp will replace an existing ramp, and will have little impact on views near the project site. The City and other agencies have not identified scenic views or vistas within the 3M Center Campus. The project will not produce visual effects such as vapor plumes or glare from intense lights. The lighting for the parking lot and surface ramp will meet the requirements of City ordinances. 16. Air: a. Stationary source emissions - Describe the type, sources, quantities and compositions of any emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors, human health or applicable regulatory criteria. Include a discussion of any methods used assess the project’s effect on air quality and the results of that assessment. Identify pollution control equipment and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary source emissions. Response: The project will not generate stationary source air emissions above those existing in the area of the project or change air quality from existing conditions. b. Vehicle emissions - Describe the effect of the project’s traffic generation on air emissions. Discuss the project’s vehicle-related emissions effect on air quality. Identify measures (e.g. traffic operational improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle-related emissions. Response: Carbon monoxide emissions from vehicles can cause elevated ambient levels of carbon monoxide at roadway intersections. In some cases, near intersections where traffic volume is very high and congestion is severe, emissions can cause violations of Federal and/or State standards for ambient concentrations of levels of carbon monoxide. The Twin Cities area has an EPA-approved screening method where traffic conditions at a potential carbon monoxide hot spot are compared to a set of the “worst” intersections (highest Annual Average Daily Traffic [AADT] and worst Level of Service [LOS]. If the project does not meet the AADT benchmark criteria and does not affect one of the top ten modeled intersections, then it can be concluded it will not cause any Carbon Monoxide (CO) violations, since the “worst” intersections did not. Using this screening method, the intersections near the proposed 3M Center Campus must have a highest annual average daily traffic volume of greater than 79,400 and an LOS of D or worse to J1, Attachment 2 Packet Page Number 143 of 192 be considered a potential carbon monoxide “hot spot.” None of the affected intersections have highest annual average traffic volumes exceeding the 79,400 threshold, and none of the intersections have an LOS of D or worse. Therefore, the traffic at these intersections will not cause a violation of the ambient carbon monoxide standards or require mitigation. c. Dust and odors - Describe sources, characteristics, duration, quantities, and intensity of dust and odors generated during project construction and operation. (Fugitive dust may be discussed under item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of dust and odors. Response: During construction, particulate emissions may temporarily increase due to the generation of fugitive dust. The following dust control measures will be implemented to control dust during construction: Minimize the period and extent of areas being exposed or graded. Spray construction areas and haul roads with water if needed, especially during periods of high wind or high levels of construction activity. Minimize the use of vehicles on unpaved surfaces. Cover or spray material stock piles and truck loads The construction and operation of the parking facilities will not involve processes or materials that would generate odors. 17. Noise Describe sources, characteristics, duration, quantities, and intensity of noise generated during project construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing noise levels/sources in the area, 2) nearby sensitive receptors, 3) conformance to state noise standards, and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise. Response: Noise from construction activity will be temporary. The hours of construction will conform to the City’s ordinance requirements The operation of the new ramp to replace the existing ramp will not changes the existing noise levels and sources in the area. There are no sensitive receptors near the project, which is located within an area of industrial land uses. The project construction and operation will conform to state noise standards, and no mitigation is required. 18. Transportation a. Describe traffic-related aspects of project construction and operation. Include: 1) existing and proposed additional parking spaces, 2) estimated total average daily traffic generated, 3) estimated maximum peak hour traffic generated and time of occurrence, 4) indicate source of trip generation rates used in the estimates, and 5) availability of transit and/or other alternative transportation modes. Response: i. Existing and proposed additional parking spaces The existing parking ramp has spaces to accommodate 1,556 vehicles. The proposed new parking ramp to replace the existing in the same location will include approximately 1,866 parking stalls. A proposed surface lot adjacent to and on the north side of the proposed parking ramp will include approximately 400 parking stalls. The project will create a total of approximately 710 new parking spaces. J1, Attachment 2 Packet Page Number 144 of 192 ii. Estimated total average daily traffic generated By itself, a parking ramp generates no traffic. Instead, the traffic for a parking ramp is generated by the land uses around it. The 3M Center Campus has an existing parking issue today. Motorists destined for the quad area, Buildings 220, 223, 224, and 225 to the east of the proposed parking ramp, must currently park in other areas around the campus. The proposed parking ramp will not draw new trips to the surrounding area, but will alter internal traffic and allow more employees to park closer to the 3M Center Campus buildings where they work. While overall traffic in the surrounding area is not expected to increase, the traffic on 8th Street will growth as travel patterns change and the additional parking stalls are used. To determine the expected additional vehicles to and from the proposed ramp, two calculations were completed; one examining typical employee driving habits and another using the existing peak hour trips per parking space. As with most office settings, 3M employees generally arrive in the morning, may drive off- campus for lunch either solo or with a group, and then depart in the early evening. The first assumption to complete this calculation is that all the proposed parking spaces will be filled during a typical workday morning and subsequently emptied during a typical workday early evening. The second assumption is that half of these parked vehicles will complete an additional trip over lunch. Under these assumptions, the proposed parking ramp would generate 2,130 new vehicles trips per day on 8th Street. For other projects on the 3M Center Campus, traffic counts were obtained for the existing parking ramp (a.m. and p.m. peak hours) and other roadways in the campus area (13-hour to full day counts). Using the ratio of existing parking spaces to proposed parking spaces, the anticipated peak hour volumes for the proposed parking ramp were established. Then a comparison of existing traffic counts showed that the peak hour volumes (both a.m. and p.m. peak hour together) represent between 25 and 40 percent of the daily volume, depending upon the exact area. To provide a conservatively high value, the ratio between peak hour and daily volume was assumed at 25 percent. By dividing the combined forecasted traffic for each peak hour by 25 percent this analysis found that the proposed parking ramp is expected to generate 2,224 new vehicle trips per day on 8th Street. Based on calculating expected daily traffic volumes using two methodologies, the proposed ramp is expected to generate approximately 2,200 new vehicles trips per day on 8th Street. It is important to note that these trips are expected to come from other areas of the 3M Center Campus and are not new traffic to and from the surrounding area. iii. Estimated maximum peak hour traffic generated and time of occurrence, The increase in peak hour traffic was estimated using existing traffic counts to/from the existing parking ramp and a ratio of existing parking spaces to proposed parking spaces. Based upon this calculation, the maximum peak hour traffic generated by the additional spaces is 298 trips during the a.m. peak hour. It is important to note that these trips are expected to come from other areas of the 3M Center Campus and are not new traffic to and from the surrounding area. iv. Indicate source of trip generation rates used in the estimates, The calculations and assumptions used to establish the forecasted daily and peak hour traffic are based upon existing daily and turning movement counts. These counts were completed in years 2012, 2013, or 2015 for previous projects on the 3M Center Campus. The Minnesota Department of Transportation (MnDOT) provided additional daily volumes in the surrounding area to complement the counts. J1, Attachment 2 Packet Page Number 145 of 192 v. Availability of transit and/or other alternative transportation modes. The 3M Center Campus is served by Metro Transit routes 219 and 294. Bus stops for these routes are available on McKnight Road, Conway Avenue, and Century Avenue (Highway 120), all within one mile of the proposed parking ramp. The closest stops are located to the northwest of the proposed site at the intersection of Conway Avenue and 5th Street, about a 1,500-foot walk. 3M Center Campus also has several sidewalks and trails that provide access around and to/from various buildings, including two east-west routes that cross 8th Street. A multi-modal transportation plan for the 3M Center Campus was recently completed that, when implemented, will improve vehicular, pedestrian, and bicycle transportation. The plan is designed to guide planning, development, and management of existing and future transportation facilities as well as connections to adjacent roads, trails, and sidewalks outside the campus. The proposed revision of 8th Street, associated with the proposed parking ramp, is working within the context of this master plan. Improvements incorporated in the design include reducing the number of vehicle lanes, revising intersections to the more traditional 90-degree geometry, and adding to the trail network. b. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project’s impact on the regional transportation system. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as part of the EAW. Use the format and procedures described in the Minnesota Department of Transportation’s Access Management Manual, Chapter 5 (available at: http://www.dot.state.mn.us/accessmanagement/resources.html) or a similar local guidance. The proposed parking ramp is expected to increase traffic on 8th Street by approximately 2,200 vehicle trips per day, 298 vehicle trips per a.m. peak hour, and 258 vehicle trips per p.m. peak hour during a typical workday. It is important to note that these vehicle trips are not new trips to the surrounding area, but a revision of travel patterns within the 3M Center Campus to make use of the new spaces. Therefore, the proposed parking ramp is not expected to have any impact on the regional transportation system. Due to the new traffic on 8th Street and the proposed changes to the road itself, the traffic operations on 8th Street were examined. Forecasts were developed using the existing counts on 8th Street, completed for an earlier 3M Center Campus project, and the trip generation discussed. In addition, due to the availability of direct left turns as oppose to the current U-turn geometry, a slight increase in traffic to/from the surface parking lot on the west side of 8th Street was assumed. As with the proposed parking ramp, this traffic is assumed to be a revision of travel from other areas of the campus, not new traffic in the surrounding area. The existing traffic volumes and forecasted new traffic on 8th Street were revised for the new geometry, with some adjustments assumed due to more direct access to the existing and proposed parking areas. This resulted in a more balanced distribution of traffic to/from the proposed parking ramp between Innovation Road to the north and Hudson Road to the south. J1, Attachment 2 Packet Page Number 146 of 192 Source: City of San Jose, CA With forecasts established for the proposed 8th Street and parking ramp, an intersection capacity analysis was conducted for the existing intersections per the Highway Capacity Manual, 2010. Intersections are assigned a “Level of Service” letter grade for the peak hour of traffic based on the number of lanes at the intersection, traffic volumes, and traffic control. Level of Service A (LOS A) represents light traffic flow (free flow conditions) while LOS F represents heavy traffic flow (over capacity conditions). LOS D is considered acceptable at intersections. Individual movements are also assigned LOS grades. At busy intersections, one or more individual movements may operate at a lower LOS when the overall intersection is operating acceptably. This situation often occurs for movements with relatively low volumes and a relatively high overall traffic signal cycle length or at side street stop controlled intersections with a high volume of through vehicles on the main line. The pictures on the left represent some of the LOS grades (from a signal controlled intersection in San Jose, CA). These LOS grades represent the overall intersection operation, not individual movements. The LOS results for the a.m. and p.m. peak hours using the projected volumes are summarized in Table 18-1 below. The LOS calculations were completed with the Synchro/SimTraffic software package, which uses the methodology detailed in the Highway Capacity Manual 2010. The full LOS calculations are provided in the Appendix. Table 4. Projected Peak Hour Level of Service (LOS)1 on 8th Street Intersection Traffic Control AM Peak Hour PM Peak Hour 8th Street at Eastbound Innovation Road A (a) A (a) 8th Street at North Parking Ramp Access A (c) A (c) 8th Street at South Parking Ramp Access A (f) A (a) 8th Street at Westbound Hudson Road Stop Sign Control on the side street (8th Street free- flowing) A (a) A (a) 1 The first letter is the Level of Service for the intersection. The second letter (in parentheses) is the Level of Service for the worst operating movement. As shown, the overall level of service is acceptable at each intersection during both peak hours studied. Individual movements are also acceptable at each intersection, with the exception of the westbound left turn from the south Parking Ramp access at 8th Street. However, this less-than- desired result impacts few vehicles (projected at 10 vehicles during the a.m. peak hour) and the 95th percentile stacking (vehicle queues that are exceeded only five percent of time) in this left turn lane was only two vehicles. Due to the low number of vehicles and minimal queue, this result is not a concern. Queue lengths for other movements are also reasonable for this type of control. The planned length of the turn lanes on 8th Street is sufficient to accommodate the expected vehicle stacking. Based on these results, the proposed 8th Street geometry is able to safely and efficiently accommodate the expected increase in traffic volumes on 8th Street associated with the proposed parking ramp. J1, Attachment 2 Packet Page Number 147 of 192 c. Identify measures that will be taken to minimize or mitigate project related transportation effects. Response: A multi-modal transportation plan for the 3M Center Campus that was completed in 2015 has identified improvements that, when implemented, will improve vehicular, pedestrian, and bicycle transportation. The plan is designed to guide planning, development, and management of existing and future transportation facilities as well as connections to adjacent roads, trails, and sidewalks outside the campus. The proposed revision of 8th Street, associated with the proposed parking ramp, is working within the context of this master plan. Improvements incorporated in the design include reducing the number of vehicle lanes, revising intersections to the more traditional 90-degree geometry, and adding to the trail network. As more elements of this plan are implemented, the safety and accessibility of bicycling and walking to/from and around campus will increase. In addition to this multi-modal transportation plan, 3M encourages and helps facilitate groups that work to reduce single-occupancy vehicle travel. For instance, the bicycle group provides communication between those who wish to bicycle to/from campus as well as advocacy for improvements to the campus and external connections that will improve those facilities. In addition, this group hosts a monthly ‘ride-to-work’ day that encourages other employees to ride to/from work in organized large groups. Other mitigation measures implemented by 3M include promotion of transit opportunities, campus shuttle to reduce driving between buildings, and allowing flextime among employees. By continuing to encourage these groups as well as continuing to promote education of alternative modes of transportation, 3M will help minimize the impacts of single-occupancy vehicles on the roadway system. 19. Cumulative potential effects: (Preparers can leave this item blank if cumulative potential effects are addressed under the applicable EAW Items) a. Describe the geographic scales and timeframes of the project-related environmental effects that could combine with other environmental effects resulting in cumulative potential effects. Response: The project will be constructed within a 8-acre site on the 3M Center Campus. Construction will be completed within 15 months. All potential project impacts (storm water impacts, construction noise and dust) will be addressed through permitting and compliance with City ordinances. There are no project-related environmental effects that could combine with other effects to result in cumulative potential impacts. b. Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid) that may interact with environmental effects of the proposed project within the geographic scales and timeframes identified above. Response: 3M has identified no future projects near the project site or within the time frame when the project will be constructed that will interact with the potential environmental effects of the project. c. Discuss the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects. Response: The project does not have the potential for significant environmental effects due to cumulative effects. All potential project impacts will be mitigated through compliance with permit requirements and City ordinances. There are no known past or future projects near the project area that will result in cumulative effects with the proposed project. J1, Attachment 2 Packet Page Number 148 of 192 20. Other potential environmental effects: If the project may cause any additional environmental effects not addressed by items 1 to 19, describe the effects here, discuss the how the environment will be affected, and identify measures that will be taken to minimize and mitigate these effects. Response: Not applicable. RGU CERTIFICATION (The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor.) I hereby certify that: The information contained in this document is accurate and complete to the best of my knowledge. The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9c and 60, respectively. Copies of this EAW are being sent to the entire EQB distribution list. Signature ________________________________ Date _______________________________ Title ________________________________ J1, Attachment 2 Packet Page Number 149 of 192 Attachments: DNR NHIS Data SHPO Data 8th Street Evaluations-AM Peak Hours 8th Street Evaluations-PM Peak Hours J1, Attachment 2 Packet Page Number 150 of 192 Minnesota Department of Natural Resources Division of Ecological and Water Resources, Box 25 500 Lafayette Road St. Paul, Minnesota 55155-4025 Phone: (651) 259-5091 E-mail: samantha.bump@state.mn.us June 23, 2016 Correspondence # ERDB 20160453 Ms. Sherri Buss TKDA, Inc. 444 Cedar Street, Suite 1500 St. Paul, MN 55101 RE: Natural Heritage Review of the proposed 3M B229 Parking Ramp EAW; T29N R22W Section 36; Ramsey County Dear Ms. Buss, As requested, the Minnesota Natural Heritage Information System (NHIS) has been queried to determine if any rare species or other significant natural features are known to occur within an approximate one-mile radius of the proposed project. Based on this query, the following rare species may be adversely affected by the proposed project: Blanding’s turtles (Emydoidea blandingii), a state-listed threatened species, have been reported in the vicinity of the proposed project and may be encountered on site. For your information, I have attached a Blanding’s turtle fact sheet that describes the habitat use and life history of this species. The fact sheet also provides two lists of recommendations for avoiding and minimizing impacts to this rare turtle. Please refer to the first list of recommendations for your project. In addition, if erosion control mesh will be used, the DNR recommends that the mesh be limited to wildlife- friendly materials (see enclosed fact sheet). If greater protection for turtles is desired, the second list of additional recommendations can also be implemented. The attached flyer should be given to all contractors working in the area. If Blanding’s turtles are found on the site, please remember that state law and rules prohibit the destruction of threatened or endangered species, except under certain prescribed conditions. If turtles are in imminent danger they should be moved by hand out of harm’s way, otherwise they should be left undisturbed. The northern long-eared bat (Myotis septentrionalis), federally listed as threatened and state- listed as special concern, can be found throughout Minnesota. During the winter this species hibernates in caves and mines, and during the active season (approximately April- October) it roosts underneath bark, in cavities, or in crevices of both live and dead trees. Pup rearing is during June and July. Activities that may impact this species include, but are not limited to, wind farm operation, any disturbance to hibernacula, and destruction/degradation of habitat (including tree removal). The U.S. Fish and Wildlife Service (USFWS) has published a final 4(d) rule that identifies prohibited take. To determine whether you need to contact the USFWS, please refer to the USFWS Key to the Northern Long-Eared Bat 4(d) Rule (see links below). Please note that the NHIS does not contain any known occurrences of northern long-eared bat roosts or hibernacula within an approximate one-mile radius of the proposed project. J1, Attachment 2 Packet Page Number 151 of 192 The Environmental Assessment Worksheet should address whether the proposed project has the potential to adversely affect the above rare features and, if so, it should identify specific measures that will be taken to avoid or minimize disturbance. Sufficient information should be provided so the DNR can determine whether a takings permit will be needed for any of the above protected species. Please include a copy of this letter in any state or local license or permit application. Please note that measures to avoid or minimize disturbance to the above rare features may be included as restrictions or conditions in any required permits or licenses. The Natural Heritage Information System (NHIS), a collection of databases that contains information about Minnesota’s rare natural features, is maintained by the Division of Ecological and Water Resources, Department of Natural Resources. The NHIS is continually updated as new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise significant species, native plant communities, and other natural features. However, the NHIS is not an exhaustive inventory and thus does not represent all of the occurrences of rare features within the state. Therefore, ecologically significant features for which we have no records may exist within the project area. If additional information becomes available regarding rare features in the vicinity of the project, further review may be necessary. For environmental review purposes, the results of this Natural Heritage Review are valid for one year; the results are only valid for the project location (noted above) and the project description provided on the NHIS Data Request Form. Please contact me if project details change or for an updated review if construction has not occurred within one year. The Natural Heritage Review does not constitute review or approval by the Department of Natural Resources as a whole. Instead, it identifies issues regarding known occurrences of rare features and potential effects to these rare features. To determine whether there are other natural resource concerns associated with the proposed project, please contact your DNR Regional Environmental Assessment Ecologist (contact information available at http://www.dnr.state.mn.us/eco/ereview/erp_regioncontacts.html). Please be aware that additional site assessments or review may be required. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. An invoice will be mailed to you under separate cover. Sincerely, Samantha Bump Natural Heritage Review Specialist enc. Blanding’s Turtle Fact Sheet and Flyer Wildlife Friendly Erosion Control J1, Attachment 2 Packet Page Number 152 of 192 Cc: Becky Horton, Leslie Parris Links: USFWS Key to the Northern Long-Eared Bat 4(d) Rule for Non-Federal Activities http://www.fws.gov/midwest/endangered/mammals/nleb/KeyFinal4dNLEB.html USFWS Key to the Northern Long-Eared Bat 4(d) Rule for Federal Actions http://www.fws.gov/midwest/endangered/mammals/nleb/KeyFinal4dNLEBFedProjects.html USFWS Northern Long-eared Bat Website http://www.fws.gov/midwest/endangered/mammals/nleb/index.html USFWS Northern Long-eared Bat Fact Sheet http://www.fws.gov/midwest/endangered/mammals/nleb/nlebFactSheet.html J1, Attachment 2 Packet Page Number 153 of 192 Environmental Review Fact Sheet Series Endangered, Threatened, and Special Concern Species of Minnesota Blanding’s Turtle (Emydoidea blandingii) Minnesota Status: Threatened State Rank1:S2 Federal Status:none Global Rank1:G4 HABITAT USE Blanding’s turtles need both wetland and upland habitats to complete their life cycle. The types of wetlands used include ponds, marshes, shrub swamps, bogs, and ditches and streams with slow- moving water. In Minnesota, Blanding’s turtles are primarily marsh and pond inhabitants. Calm, shallow water bodies (Type 1-3 wetlands) with mud bottoms and abundant aquatic vegetation (e.g., cattails, water lilies) are preferred, and extensive marshes bordering rivers provide excellent habitat. Small temporary wetlands (those that dry up in the late summer or fall) are frequently used in spring and summer -- these fishless pools are amphibian and invertebrate breeding habitat, which provides an important food source for Blanding’s turtles. Also, the warmer water of these shallower areas probably aids in the development of eggs within the female turtle. Nesting occurs in open (grassy or brushy) sandy uplands, often some distance from water bodies. Frequently, nesting occurs in traditional nesting grounds on undeveloped land. Blanding’s turtles have also been known to nest successfully on residential property (especially in low density housing situations), and to utilize disturbed areas such as farm fields, gardens, under power lines, and road shoulders (especially of dirt roads). Although Blanding’s turtles may travel through woodlots during their seasonal movements, shady areas (including forests and lawns with shade trees) are not used for nesting. Wetlands with deeper water are needed in times of drought, and during the winter. Blanding’s turtles overwinter in the muddy bottoms of deeper marshes and ponds, or other water bodies where they are protected from freezing. LIFE HISTORY Individuals emerge from overwintering and begin basking in late March or early April on warm, sunny days. The increase in body temperature which occurs during basking is necessary for egg development within the female turtle. Nesting in Minnesota typically occurs during June, and females are most active in late afternoon and at dusk. Nesting can occur as much as a mile from wetlands. The nest is dug by the female in an open sandy area and 6-15 eggs are laid. The female turtle returns to the marsh within 24 hours of laying eggs. After a development period of approximately two months, hatchlings leave the nest from mid-August through early- October. Nesting females and hatchlings are often at risk of being killed while crossing roads between wetlands and nesting areas. In addition to movements associated with nesting, all ages and both sexes move between wetlands from April through November. These movements peak in June and July and again in September and October as turtles move to and from overwintering sites. In late autumn (typically November), Blanding’s turtles bury themselves in the substrate (the mud at the bottom) of deeper wetlands to overwinter. IMPACTS / THREATS / CAUSES OF DECLINE loss of wetland habitat through drainage or flooding (converting wetlands into ponds or lakes) loss of upland habitat through development or conversion to agriculture human disturbance, including collection for the pet trade* and road kills during seasonal movements increase in predator populations (skunks, raccoons, etc.) which prey on nests and young *It is illegal to possess this threatened species. J1, Attachment 2 Packet Page Number 154 of 192 RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS These recommendations apply to typical construction projects and general land use within Blanding’s turtle habitat, and are provided to help local governments, developers, contractors, and homeowners minimize or avoid detrimental impacts to Blanding’s turtle populations. List 1 describes minimum measures which we recommend to prevent harm to Blanding’s turtles during construction or other work within Blanding’s turtle habitat. List 2 contains recommendations which offer even greater protection for Blanding’s turtles populations; this list should be used in addition to the first list in areas which are known to be of state-wide importance to Blanding’s turtles (contact the DNR’s Natural Heritage and Nongame Research Program if you wish to determine if your project or home is in one of these areas), or in any other area where greater protection for Blanding’s turtles is desired. List 1. Recommendations for all areas inhabited by Blanding’s turtles. List 2. Additional recommendations for areas known to be of state-wide importance to Blanding’s turtles.GENERAL A flyer with an illustration of a Blanding’s turtle should be given to all contractors working in the area. Homeowners should also be informed of the presence of Blanding’s turtles in the area. Turtle crossing signs can be installed adjacent to road- crossing areas used by Blanding’s turtles to increase public awareness and reduce road kills. Turtles which are in imminent danger should be moved, by hand, out of harms way. Turtles which are not in imminent danger should be left undisturbed. Workers in the area should be aware that Blanding’s turtles nest in June, generally after 4pm, and should be advised to minimize disturbance if turtles are seen. If a Blanding’s turtle nests in your yard, do not disturb the nest.If you would like to provide more protection for a Blanding’s turtle nest on your property, see “Protecting Blanding’s Turtle Nests” on page 3 of this fact sheet. Silt fencing should be set up to keep turtles out of construction areas. It is critical that silt fencing be removed after the area has been revegetated. Construction in potential nesting areas should be limited to the period between September 15 and June 1 (this is the time when activity of adults and hatchlings in upland areas is at a minimum). WETLANDS Small, vegetated temporary wetlands (Types 2 & 3) should not be dredged, deepened, filled, or converted to storm water retention basins (these wetlands provide important habitat during spring and summer). Shallow portions of wetlands should not be disturbed during prime basking time (mid-morning to mid- afternoon in May and June). A wide buffer should be left along the shore to minimize human activity near wetlands (basking Blanding’s turtles are more easily disturbed than other turtle species). Wetlands should be protected from pollution; use of fertilizers and pesticides should be avoided, and run-off from lawns and streets should be controlled. Erosion should be prevented to keep sediment from reaching wetlands and lakes. Wetlands should be protected from road, lawn, and other chemical run-off by a vegetated buffer strip at least 50' wide. This area should be left unmowed and in a natural condition. ROADS Roads should be kept to minimum standards on widths and lanes (this reduces road kills by slowing traffic and reducing the distance turtles need to cross). Tunnels should be considered in areas with concentrations of turtle crossings (more than 10 turtles per year per 100 meters of road), and in areas of lower density if the level of road use would make a safe crossing impossible for turtles. Contact your DNR Regional Nongame Specialist for further information on wildlife tunnels. J1, Attachment 2 Packet Page Number 155 of 192 Roads should be ditched, not curbed or below grade. If curbs must be used, 4 inch high curbs at a 3:1 slope are preferred (Blanding’s turtles have great difficulty climbing traditional curbs; curbs and below grade roads trap turtles on the road and can cause road kills). Roads should be ditched, not curbed or below grade. ROADS cont. Culverts between wetland areas, or between wetland areas and nesting areas, should be 36 inches or greater in diameter, and elliptical or flat-bottomed. Road placement should avoid separating wetlands from adjacent upland nesting sites, or these roads should be fenced to prevent turtles from attempting to cross them (contact your DNR Nongame Specialist for details). Wetland crossings should be bridged, or include raised roadways with culverts which are 36 in or greater in diameter and flat-bottomed or elliptical (raised roadways discourage turtles from leaving the wetland to bask on roads). Road placement should avoid bisecting wetlands, or these roads should be fenced to prevent turtles from attempting to cross them (contact your DNR Nongame Specialist for details). This is especially important for roads with more than 2 lanes. Culverts under roads crossing streams should be oversized (at least twice as wide as the normal width of open water) and flat-bottomed or elliptical. Roads crossing streams should be bridged. UTILITIES Utility access and maintenance roads should be kept to a minimum (this reduces road-kill potential). Because trenches can trap turtles, trenches should be checked for turtles prior to being backfilled and the sites should be returned to original grade. LANDSCAPING AND VEGETATION MANAGEMENT Terrain should be left with as much natural contour as possible.As much natural landscape as possible should be preserved (installation of sod or wood chips, paving, and planting of trees within nesting habitat can make that habitat unusable to nesting Blanding’s turtles). Graded areas should be revegetated with native grasses and forbs (some non-natives form dense patches through which it is difficult for turtles to travel). Open space should include some areas at higher elevations for nesting. These areas should be retained in native vegetation, and should be connected to wetlands by a wide corridor of native vegetation. Vegetation management in infrequently mowed areas -- such as in ditches, along utility access roads, and under power lines -- should be done mechanically (chemicals should not be used). Work should occur fall through spring (after October 1st and before June 1st ). Ditches and utility access roads should not be mowed or managed through use of chemicals. If vegetation management is required, it should be done mechanically, as infrequently as possible, and fall through spring (mowing can kill turtles present during mowing, and makes it easier for predators to locate turtles crossing roads). Protecting Blanding’s Turtle Nests: Most predation on turtle nests occurs within 48 hours after the eggs are laid. After this time, the scent is gone from the nest and it is more difficult for predators to locate the nest. Nests more than a week old probably do not need additional protection, unless they are in a particularly vulnerable spot, such as a yard where pets may disturb the nest. Turtle nests can be protected from predators and other disturbance by covering them with a piece of wire fencing (such as chicken wire), secured to the ground with stakes or rocks. The piece of fencing should measure at least 2 ft. x 2 ft., and should be of medium sized mesh (openings should be about 2 in. x 2 in.). It is very important that the fencing be removed before August 1st so the young turtles can escape from the nest when they hatch! J1, Attachment 2 Packet Page Number 156 of 192 REFERENCES 1Association for Biodiversity Information. “Heritage Status: Global, National, and Subnational Conservation Status Ranks.” NatureServe. Version 1.3 (9 April 2001). http://www.natureserve.org/ranking.htm (15April 2001). Coffin, B., and L. Pfannmuller. 1988. Minnesota’s Endangered Flora and Fauna. University of Minnesota Press, Minneapolis, 473 pp. Moriarty, J. J., and M. Linck. 1994. Suggested guidelines for projects occurring in Blanding’s turtle habitat. Unpublished report to the Minnesota DNR. 8 pp. Oldfield, B., and J. J. Moriarty. 1994. Amphibians and Reptiles Native to Minnesota. University of Minnesota Press, Minneapolis, 237 pp. Sajwaj, T. D., and J. W. Lang. 2000. Thermal ecology of Blanding’s turtle in central Minnesota. Chelonian Conservation and Biology 3(4):626-636. Compiled by the Minnesota Department of Natural Resources Division of Ecological Resources, Updated March 2008 Endangered Species Environmental Review Coordinator, 500 Lafayette Rd., Box 25, St. Paul, MN 55155 / 651-259-5109 J1, Attachment 2 Packet Page Number 157 of 192 CAUTION BLANDING’S TURTLES MAY BE ENCOUNTERED IN THIS AREA The unique and rare Blanding’s turtle has been found in this area. Blanding’s turtles are state-listed as Threatened and are protected under Minnesota Statute 84.095, Protection of Threatened and Endangered Species. Please be careful of turtles on roads and in construction sites. For additional information on turtles, or to report a Blanding’s turtle sighting, contact the DNR Nongame Specialist nearest you: Bemidji (218-308-2641); Grand Rapids (218-327-4518); New Ulm (507-359-6033); Rochester (507-206-2820); or St. Paul (651-259-5772). DESCRIPTION: The Blanding’s turtle is a medium to large turtle (5 to 10 inches) with a black or dark blue, dome-shaped shell with muted yellow spots and bars. The bottom of the shell is hinged across the front third, enabling the turtle to pull the front edge of the lower shell firmly against the top shell to provide additional protection when threatened. The head, legs, and tail are dark brown or blue-gray with small dots of light brown or yellow. A distinctive field mark is the bright yellow chin and neck. BLANDING’S TURTLES DO NOT MAKE GOOD PETS IT IS ILLEGAL TO KEEP THIS THREATENED SPECIES IN CAPTIVITY J1, Attachment 2 Packet Page Number 158 of 192 SUMMARY OF RECOMMENDATIONS FOR AVOIDING AND MINIMIZING IMPACTS TO BLANDING’S TURTLE POPULATIONS (see Blanding’s Turtle Fact Sheet for full recommendations) This flyer should be given to all contractors working in the area. Homeowners should also be informed of the presence of Blanding’s turtles in the area. Turtles that are in imminent danger should be moved, by hand, out of harm’s way. Turtles that are not in imminent danger should be left undisturbed to continue their travel among wetlands and/or nest sites. If a Blanding’s turtle nests in your yard, do not disturb the nest and do not allow pets near the nest. Silt fencing should be set up to keep turtles out of construction areas. It is critical that silt fencing be removed after the area has been revegetated. Small, vegetated temporary wetlands should not be dredged, deepened, or filled. All wetlands should be protected from pollution; use of fertilizers and pesticides should be avoided, and run-off from lawns and streets should be controlled. Erosion should be prevented to keep sediment from reaching wetlands and lakes. Roads should be kept to minimum standards on widths and lanes. Roads should be ditched, not curbed or below grade. If curbs must be used, 4" high curbs at a 3:1 slope are preferred. Culverts under roads crossing wetland areas, between wetland areas, or between wetland and nesting areas should be at least 36 in. diameter and flat-bottomed or elliptical. Culverts under roads crossing streams should be oversized (at least twice as wide as the normal width of open water) and flat-bottomed or elliptical. Utility access and maintenance roads should be kept to a minimum. Because trenches can trap turtles, trenches should be checked for turtles prior to being backfilled and the sites should be returned to original grade. Terrain should be left with as much natural contour as possible. Graded areas should be revegetated with native grasses and forbs. Vegetation management in infrequently mowed areas -- such as in ditches, along utility access roads, and under power lines -- should be done mechanically (chemicals should not be used). Work should occur fall through spring (after October 1st and before June 1st). Compiled by the Minnesota Department of Natural Resources Division of Ecological and Water Resources, Updated August 2012 Endangered Species Review Coordinator, 500 Lafayette Rd., Box 25, St. Paul, MN 55155 / 651-259-5109 J1, Attachment 2 Packet Page Number 159 of 192 J1, Attachment 2 Packet Page Number 160 of 192 3M B229 EAW July, 2016 page 36 J1, Attachment 2 Packet Page Number 161 of 192 3M B229 EAW July, 2016 page 37 History/Architecture Inventory PROPERTY NAME ADDRESS TwpRangeSec Quarters USGS Report NRHP CEF DOE Inventory Number COUNTY: Ramsey CITY/TOWNSHIP: Maplewood Minnehaha Drive-In Theater 2260 Minnehaha Ave. E 29 22 36 NWNW Saint Paul East RA-81-2H RA- MWC-0032 house 2415 Minnehaha Ave. E 29 22 36 NENW Lake Elmo RA-81-2H RA- MWC-0034 Carlson Auto 275 Century Ave N 29 22 36 SE-SE RA- MWC-0067 CITY/TOWNSHIP: St. Paul 9145 I 94 WB 29 22 36 SW-SW St. Paul East RA-SPC- 5955 9146 I 94 EB 29 22 36 SE-SE St. Paul East RA-SPC- 5956 Thursday, May 19, 2016 Page 1 of 1 J1, Attachment 2 Packet Page Number 162 of 192 3M B229 EAW July, 2016 page 38 J1, Attachment 2 Packet Page Number 163 of 192 3M B229 EAW July, 2016 page 39 J1, Attachment 2 Packet Page Number 164 of 192 3M B229 EAW July, 2016 page 40 J1, Attachment 2 Packet Page Number 165 of 192 3M B229 EAW July, 2016 page 41 J1, Attachment 2 Packet Page Number 166 of 192 3M B229 EAW July, 2016 page 42 J1, Attachment 2 Packet Page Number 167 of 192 3M B229 EAW July, 2016 page 43 J1, Attachment 2 Packet Page Number 168 of 192 3M B229 EAW July, 2016 page 44 J1, Attachment 2 Packet Page Number 169 of 192 3M B229 EAW July, 2016 page 45 J1, Attachment 2 Packet Page Number 170 of 192 3M B229 EAW July, 2016 page 46 J1, Attachment 2 Packet Page Number 171 of 192 3M B229 EAW July, 2016 page 47 J1, Attachment 2 Packet Page Number 172 of 192 J2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Park & Recreation & EEDD Director DATE: August 8, 2016 SUBJECT: Consider Approval of Improvements to the MCC and Authorize a Commission Study for the MCC Locker Rooms HVAC System Introduction The council will consider improvements at the Maplewood Community Center (MCC) which will improve air flow throughout the building, update the outdated building automation system controls to a web based system (that will allow real time monitoring and troubleshooting), and replace the existing 4100 Fire Panel to the 4100ES Fire Panel (replacing and rewiring all smoke detectors in the facility). All of these components were installed when the building was originally constructed in 1993/1994 and were also identified in the Asset Management Plan as critical and “beyond the useful life”. The MCC Asset Management Plan called for these components to be replaced in 2015. Staff is also requesting City Council approval to commission a study for the locker rooms HVAC system. Background / Discussion Replacement of Variable Air Volume Boxes (VAV) and Updating the Building Automation System: This proposed project would retrofit 35 variable air volume (VAV) boxes that are defective and obsolete with new wireless Bacnet Controllers throughout the MCC. Parts for the existing VAV are very difficult to find and staff continues to experience problems with repairs. These upgrades to the existing controllers will require installing a new system controller to accommodate the proposed control of these new VAV boxes. The new controller system is much more cost effective, requires little additional training of staff and will provide for a direct connection to the controller system to allow for remote monitoring and manipulation. City buildings including the MCC operate on the Trane Building Automation System and the upgrades require Trane to implement the improvements listed on the attached proposal. The total cost for this project is $136,170. Upgrade Existing 4100 Fire Panel to the 4100ES Fire Panel and Replace Smoke Detectors: The existing 4100 Fire Panel is no longer functioning as intended and needs to be replaced. The MCC has experienced a number of issues with the fire alarm system being set off by a faulty mechanism associated with the existing Fire Panel. In each of these cases where the fire alarm system is triggered the Fire Department must respond and patrons in the facility may be asked to leave until the issue is resolved. Staff received a bid from Tyco SimplexGrinnel, which is the system we are currently using, to replace and upgrade the existing 4100 Fire Panel to the new 4100ES Fire Panel. In addition, 107 smoke detectors, 19 heat detectors and 10 duct smoke detectors will be installed pursuant to the attached quote – attachment 2. Also included in this bid are the smoke detectors in the theatre and door holders for the auditorium. The total cost for this project is $41,563. HVAC Commission Study for the MCC Locker Rooms: The Heating, Ventilation, and Air Conditioning (HVAC) unit at the MCC that services the aquatic locker rooms is in a state of disrepair. This HVAC unit is a complete environmental control system that was Packet Page Number 173 of 192 J2 designed for the MCC locker rooms. The purpose of this unit is to dehumidify heat and cool the locker room areas. The HVAC unit that services the locker rooms (men’s/women’s/family) was not built with the capacity to adequately dehumidify these areas. As a result, the doors, metal frames, and partitions are rusting out and also will need to be repaired in the future as well. Staff received a bid from the Center for Energy & Environment in the amount of $15,000 to conduct this engineering study which is included as attachment three. Budget Impact The total cost for these three projects is $192,733. The proposal from Trane to replace the Variable Air Volume Boxes and upgrade the building automation system is $136,170. The proposal from Tyco SimplexGrinnel to update the fire panel and replace smoke and heat detectors is $41,563. The proposal from Center for Energy & Environment (CEE) is $15,000. Funds to pay for these MCC upgrades will come from existing capital improvement funds. Because of the efficiency improvements and energy reduction created with this work Xcel Energy will provide a rebate under its Efficiency Controls programs for these improvements. Staff will be working directly with Xcel to ensure that we receive the maximum rebate possible for these projects. The City’s Purchasing Procedures Manual (PPM) allows staff to utilize Cooperative Purchasing whereby supplies, materials, and equipment may be purchased through contracts with venders who are listed in the City’s PPM without subject to solicitation and/or sealed bids. Per MN Statute 471.345, subd. 15, municipalities may contract for services through the state’s cooperative purchasing venture authorized by section 16C.11.Trane is a member of the U.S Communities Government Purchasing Alliance and Tyco SimplexGrinnel is a member of the State of Minnesota’s Cooperative Purchasing Venture (CPV) Program both of which are listed in the City of Maplewood’s PPM. Recommendation It is recommended that the City Council authorize these MCC improvements which include replacement of VAV boxes, updating the buildings automation system and controls, replacing existing fire panel and all smoke and heat detectors throughout the MCC. In addition, it is recommended that City Council authorize the commissioning of a study for the HVAC system that services the locker rooms. Monies to pay for these improvements will come from existing capital improvement funds. If approved, it is further authorized to direct the Park & Recreation Director to execute the Trane Turnkey Installation of HVAC Proposal in the amount of $136,170 and the Tyco SimplexGrinnel Fire Panel Upgrade Proposal in the amount of $41,563 and the HVAC Commission Study in an amount not to exceed $15,000. In order to proceed with improvements identified within the attached proposals the Finance Director is authorized to make the appropriate budget adjustments to account for the purchases. Attachments 1. Trane Turnkey Installation of HVAC Proposal 2. Tyco SimplexGrinnel Fire Panel Upgrade Proposal 3. Center for Energy & Environment Commission Study Proposal Packet Page Number 174 of 192 Trane Turnkey Proposal Turnkey Proposal For: Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109. Local Trane Office: Trane U.S. Inc. dba Trane 775 Vandalia Street Saint Paul, MN 55114 Local Trane Representative: Russ Prososki Account Manager Cell: (612) 366-3287 Office: (651) 468-2759 Proposal ID: P-1908803 Date: July 15, 2016 J2, Attachment 1 Packet Page Number 175 of 192 TRANE TURNKEY PROPOSAL Executive Summary Trane is pleased to present a solution to help the Maplewood Community Center reach its performance goals and objectives. This proposed project would replace your failing Variable Air Volume Boxes and reheat valves, helping you to improve the comfort in your facility, and reduce energy costs with newer, more efficient, reliable equipment. We appreciate the effort from the City of Maplewood to assist in the HVAC system analysis and business discussions. Because of your efforts, we were able to develop a proposal that offers Turnkey retrofit service solutions to your specific concerns, based on Trane system knowledge and application expertise. As your partner, Trane is committed to providing Turnkey retrofit services to help achieve a comfortable building environment for the people who occupy the building. For the people who own, manage and maintain the building, Trane is committed to providing reliable HVAC systems and products that improve performance. Some key features and benefits Maplewood Community Center should expect from this project are highlighted below. · Services will be performed using Trane’s Exclusive Service Procedure to ensure you get full benefit of our extensive service experience, coupled with the distinct technical expertise of a HVAC Equipment manufacturing leader. · Our innovative procedure is environmentally and safety conscious, and aligns expectation of work scope while providing efficient and productive delivery of services. · Quoted equipment is a like for like change out saving on installation costs · Startup of new Trane equipment by factory certified Trane technicians · Seamless integration of your new VAV Boxes into your existing Trane Energy Management System is included · 1st year labor and refrigerant warranty After reviewing the project and the current condition of the VAV Boxes, we have determined that there could be significant savings by replacing all the boxes at the same time. The existing boxes have issues with worn out air valve assemblies, failed reheat valves and controllers causing an uncomfortable environment. We look forward to partnering with the city of Maplewood for your Turnkey retrofits service needs. I will be contacting you soon to discuss the proposal and to schedule the next steps WE VALUE THE CONFIDENCE YOU HAVE PLACED IN TRANE AND LOOK FORWARD TO PARTNERING WITH YOU. Russ Prososki Account Manager, Trane U.S. Inc. dba Trane J2, Attachment 1 Packet Page Number 176 of 192 Proposal Number: P-1908803 Rev. 1 © 2012 Trane All rights reserved Page 1 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Prepared For: Date: Mr. DuWayne Konewko– Parks & Recreation Director June 29, 2016 Job Name: Proposal Number: P-1908803 Rev. 1 Maplewood Community Center – VAV Box Replacement Delivery Terms: Payment Terms: Freight Allowed and Prepaid – F.O.B Factory Net 30 Proposal Expiration Date: 30 Days Scope of Work “Scope of Work” and notations within are based on the following negotiated scope of work with DuWayne Konewko and based on the site survey performed on 05/07/2015. Turnkey Installation of HVAC Equipment Tag Data - Air-Cooled Scroll (Qty: 1) Item Tag(s) Qty Description Model Number A1 VAV 35 Trane Variable Air Volume Boxes w/Air Fi wireless controls VCWFxxxxxxxxxxxxxx A2 BAS Tracer SC System BMSC Scope of Work and Pricing: This proposal includes: · Project management, engineering and technical checkout of the system · Sensors, actuators and end devices required to complete the sequence of operation as detailed below · Installation of the HVAC and BAS components except as noted · As-built documentation · One year component and labor warranty service. Project Scope: · Provide and install thirty five (35) NEW Trane VAV Boxes with factory mounted Air Fi wireless controls · Provide and install thirty five (35) new Belimo VAV reheat valves to replace existing · Programming, checkout and verification of new VAV Boxes · Upgrading the existing Tracer Summit System to Tracer SC and connecting to the City of Maplewood Tracer ES System · Monitoring of existing boilers via new Trane EMS · Installation of new VOC sensor for pool and monitoring via new Trane EMS Total Project Price:…………………………………………………………………….$136,170.00 J2, Attachment 1 Packet Page Number 177 of 192 Proposal Number: P-1908803 Rev. 1 © 2012 Trane All rights reserved Page 2 of 5 Confidential and Proprietary Information of Trane U.S. Inc. ACCEPTANCE Thank you for giving us this opportunity. If you have any questions or concerns, please call me at (651) 468-2759. Russ Prososki Account Manager Trane Company 775 Vandalia Street Saint Paul, MN 55114 reprososki@trane.com Proposal Notes/ Clarifications · All work to be performed during normal business hours (8am to 5pm, M-F, non-holidays) · Proposal does not include "Premium Time" or Price Contingency therefor · Equipment Order Release and Services rendered are dependent on receipt of PO/Subcontract and credit approval · Trane will not perform any work if working conditions could endanger or put at risk the safety of our employees or subcontractors · Asbestos or hazardous material abatement removal shall be performed by customer Financial items not included · Bid Bond · Payment and Performance Bond · Liquidated or Consequential Damages · Demurrage or Storage Charges · Participation in OCIOP or CCIP Insurance Programs · Equipment supplied under another proposal This proposal is subject to Customer’s acceptance of the attached Trane Terms and Conditions (Installation). We value the confidence you have placed in Trane and look forward to working with you. CUSTOMER ACCEPTANCE ___________________________________________ Authorized Representative ___________________________________________ Title __________________________________________ Acceptance Date J2, Attachment 1 Packet Page Number 178 of 192 Proposal Number: P-1908803 Rev. 1 © 2012 Trane All rights reserved Page 3 of 5 Confidential and Proprietary Information of Trane U.S. Inc. TERMS AND CONDITIONS – COMMERCIAL INSTALLATION “Company” shall mean Trane U.S. Inc. dba Trane. 1. Acceptance; Agreement. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the commercial goods and/or services described (the “Work”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counter-offer will be deemed accepted. Customer’s acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer’s tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, prices will be increased a straight 1% (not compounded) for each one-month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation, or at Company’s option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company’s obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer’s expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 5. Payment. Customer shall pay Company’s invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site’ owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company’s access to correct any emergency condition shall not be restricted. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re-inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re-inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer’s failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customer’s assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company’s subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company’s cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. J2, Attachment 1 Packet Page Number 179 of 192 Proposal Number: P-1908803 Rev. 1 © 2012 Trane All rights reserved Page 4 of 5 Confidential and Proprietary Information of Trane U.S. Inc. 12. Pre-Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving Pre-Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company’s Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl (“PCB”), or other hazardous materials (hereinafter, collectively, “Hazardous Materials”). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company’s Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer’s Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 19. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion (“Warranty Period”) commercial equipment manufactured by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. Trane equipment sold on an uninstalled basis is warranted in accordance with Company’s standard warranty for supplied equipment. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence J2, Attachment 1 Packet Page Number 180 of 192 Proposal Number: P-1908803 Rev. 1 © 2012 Trane All rights reserved Page 5 of 5 Confidential and Proprietary Information of Trane U.S. Inc. Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 22. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different state’s or province’s law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 23. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 24. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer’s ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 25. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.251-10(0614) Supersedes 1-26.251-10(1213) J2, Attachment 1 Packet Page Number 181 of 192 5400 Nathan Ln N Ste 100 PLYMOUTH, MN 55442-1953 (763) 367 5000 FAX: (763) 367 5002 www.simplexgrinnell.com SimplexGrinnell Quotation TO: MAPLEWOOD COMMUNITY CTR Project: Maplewood Comm Cntr-New FACP 2100 WHITE BEAR AVE N Customer Reference: Maplewood Comm Cntr-New FACP MAPLEWOOD, MN 55109-3710 SimplexGrinnell Reference: 337446336 Date: 08/01/2016 Page 1 of 5 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY MODEL NUMBER DESCRIPTION 4100ES Upgrade New Material List 1 4100-7150 4100+ MCTLR UPGD TO ES 2X40 1 4100-9921 4100ES RETROKT 2 BAY BGE GLS D 1 4100-5101 XPS POWER, 3 NACS, 120VAC 1 DPFA DP FIRE ALARM 19 4098-9733 HEAT SENSOR 117 4098-9714 PHOTO SENSOR 126 4098-9792 SENSOR BASE PM LAB PROJECT/CONSTRUCTION MGMT 8 4098-9714 PHOTO SENSOR 8 4098-9792 SENSOR BASE 1 DPIM INSTALLATION MATERIALS 4 4090-9002 RELAY IAM 8 DH24120FPC DR HLDR,SEMI-FLUSH,CHRM DPSVC Permit and Man Lift Rental 14 4099-9004 STATION-LED, SAADDR Install Labor Technical Services - Install Labor TECH LAB TECHNICAL SERVICE Professional Services Professional Services - Professional Services DSGN LAB DESIGN LABOR Total net selling price, FOB shipping point, $41,563.00 THIS QUOTATION AND ANY RESULTING CONTRACT SHALL BE SUBJECT TO THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America J2, Attachment 2 Packet Page Number 182 of 192 Project: Maplewood Comm Cntr-New FACP Customer Reference: Maplewood Comm Cntr-New FACP SimplexGrinnell Reference: 337446336 Date: 08/01/2016 Page 2 of 5 SimplexGrinnell Quotation Comments Minnesota special pricing for contract # 56032 has been applied to this quote. Scope of Work: SimplexGrinnell will upgrade the existing 4100 Fire Panel to the New 4100ES Fire Panel. We will also replace all the old smoke and heat detectors with New Addressable devices. Included in this bid there are the new smokes and door holders for the auditorium. Currently there are 107 Smoke Detectors, 19 Heat Detectors, & 10 Duct Smoke Detectors installed. This bid includes shipping, wire and low voltage installation of equipment listed above, system programming and final test by a factory trained representative. Any Fire Marshal upgrades are not included. Painting, patching, troubleshooting or repairs to existing conditions are not included. All work under this proposal will be done during normal business hours (7am - 5pm Monday - Friday) excluding holidays. All AC Electrical work including any conduit that may be needed will need to be done by the Owners Electrician. NOTE: This bid does not include replacement of Horn/Strobes. This quotation is valid for 30 days, based on acceptance of delivery within one year. Tax is NOT included. Best Regards, Scott Eccles Electronic Service Sales Representative Phone: (763)367-5000 Cell: (612)248-9836 Fax: (763)367-5002 email: seccles@simplexgrinnell.com Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America J2, Attachment 2 Packet Page Number 183 of 192 Project: Maplewood Comm Cntr-New FACP Customer Reference: Maplewood Comm Cntr-New FACP SimplexGrinnell Reference: 337446336 Date: 08/01/2016 Page 3 of 5 TERMS AND CONDITIONS 1. Payment.Payments shall be invoiced and due in accordance with the terms and conditions set forth above. Work performed on a time and material basis shall be at the then-prevailing Company rate for material, labor, and related items, in effect at the time supplied under this Agreement. Company shall invoice Customer for progress payments to one hundred (100%) percent based upon equipment delivered or stored, and services performed. Customers without established satisfactory credit shall make payments of cash in advance, upon delivery or as otherwise specified by Company. Where Customer establishes and maintains satisfactory credit, payments shall be due and payable thirty (30) days from date of invoice. Company reserves the right to revoke or modify Customer’s credit at its sole discretion. The Customer’s failure to make payment when due is a material breach of this Agreement. If Customer fails to make any payment when due, in addition to any other rights and remedies available, Company shall have the right, at Company’s sole discretion, to stop performing any Services and/or withhold further deliveries of materials, until the account is current. In the event payment is not received when due, Company may, at its discretion, assess late fees at the rate of 1.5% per month or the maximum rate allowed by law. Customer agrees to pay all costs of collection, including without limitation costs, fees, and attorneys’ fees. Customer’s failure to make payment when due is a material breach of this Agreement until the account is current. 2. Pricing.The pricing set forth in this Agreement is based on the number of devices to be installed and services to be performed as set forth in the Scope of Work (“Equipment” and “Services”). If the actual number of devices installed or services to be performed is greater than that set forth in the Scope of Work, the price will be increased accordingly. If this Agreement extends beyond one year, SimplexGrinnell may increase prices upon notice to the Customer. Customer agrees to pay all taxes, permits, and other charges, including but not limited to state and local sales and excise taxes, however designated, levied or based on the service charges pursuant to this Agreement. 3. Alarm Monitoring Services.Any reference to alarm monitoring services in this Agreement is included for pricing purposes only. Alarm monitoring services are performed pursuant to the terms and conditions of Company’s standard alarm monitoring services agreement. 4. Code Compliance.Company does not undertake an obligation to inspect for compliance with laws or regulations unless specifically stated in the Scope of Work. Customer acknowledges that the Authority Having Jurisdiction (e.g. Fire Marshal) may establish additional requirements for compliance with local codes. Any additional services or equipment required will be provided at an additional cost to Customer. 5. Limitation of Liability; Limitations of Remedy.It is understood and agreed by the Customer that Company is not an insurer and that insurance coverage, if any, shall be obtained by the Customer and that amounts payable to company hereunder are based upon the value of the services and the scope of liability set forth in this Agreement and are unrelated to the value of the Customer’s property and the property of others located on the premises. Customer agrees to look exclusively to the Customer’s insurer to recover for injuries or damage in the event of any loss or injury and that Customer releases and waives all right of recovery against Company arising by way of subrogation. Company makes no guaranty or Warranty, including any implied warranty of merchantability or fitness for a particular purpose that equipment or services supplied by Company will detect or avert occurrences or the consequences therefrom that the equipment or service was designed to detect or avert. It is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of Company to perform any of its obligations under this Agreement. Accordingly, Customer agrees that, Company shall be exempt from liability for any loss, damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or service was designed to detect or avert. Should Company be found liable for any loss, damage or injury arising from a failure of the equipment or service in any respect, Company’s liability shall be limited to an amount equal to the Agreement price (as increased by the price for any additional work) or where the time and material payment term is selected, Customer’s time and material payments to Company. Where this Agreement covers multiple sites, liability shall be limited to the amount of the payments allocable to the site where the incident occurred. Such sum shall be complete and exclusive. If Customer desires Company to assume greater liability, the parties shall amend this Agreement by attaching a rider setting forth the amount of additional liability and the additional amount payable by the Customer for the assumption by Company of such greater liability, provided however that such rider shall in no way be interpreted to hold Company as an insurer. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICING, ALTERATIONS, MODIFICATIONS, CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S) OR ANY OF ITS COMPONENT PARTS BY THE CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOSS OF THE USE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The limitations of liability set forth in this Agreement shall inure to the benefit of all parents, subsidiaries and affiliates of company, whether direct or indirect, company’s employees, agents, officers and directors. 6. Reciprocal Waiver of Claims (SAFETY Act).Certain of SimplexGrinnell's systems and services have received Certification and/or Designation as Qualified Anti-Terrorism Technologies (“QATT”) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441- 444 (the “SAFETY Act”). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, SimplexGrinnell and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an “Act of Terrorism” as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. 7. General Provisions.Customer has selected the service level desired after considering and balancing various levels of protection afforded, and their related costs. Customer acknowledges and agrees that by this Agreement, Company, unless specifically stated, does not undertake any obligation to maintain or render Customer's system or equipment as Year 2000 compliant, which shall mean, capable of correctly handling the processing of calendar dates before or after December 31, 1999. All work to be performed by Company will be performed during normal working hours of normal working days (8:00 a.m. – 5:00 p.m., Monday through Friday, excluding Company holidays), as defined by Company, unless additional times are specifically described in this Agreement. Company will perform the services described in the Scope of Work section (“Services”) for one or more system(s) or equipment as described in the Scope of Work section or the listed attachments (“Covered System(s)”). The Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer’s attention. This Agreement assumes the Covered System(s) are in operational and maintainable condition as of the Agreement date. If, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval prior to any work. Should such repair work be declined Company shall be relieved from any and all liability arising therefrom. UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, ANY INSPECTION (AND, IF SPECIFIED, TESTING) PROVIDED UNDER THIS AGREEMENT DOES NOT INCLUDE ANY MAINTENANCE, REPAIRS, ALTERATIONS, REPLACEMENT OF PARTS, OR ANY FIELD ADJUSTMENTS WHATSOEVER, NOR DOES IT INCLUDE THE CORRECTION OF ANY DEFICIENCIES IDENTIFIED BY COMPANY TO CUSTOMER. COMPANY SHALL NOT BE RESPONSIBLE FOR EQUIPMENT FAILURE OCCURRING WHILE COMPANY IS IN THE PROCESS OF FOLLOWING ITS INSPECTION TECHNIQUES, WHERE THE FAILURE ALSO RESULTS FROM THE AGE OR OBSOLESCENCE OF THE ITEM OR DUE TO NORMAL WEAR AND TEAR. THIS AGREEMENT DOES NOT COVER SYSTEMS, EQUIPMENT, COMPONENTS OR PARTS THAT ARE BELOW GRADE, BEHIND WALLS OR OTHER OBSTRUCTIONS OR EXTERIOR TO THE BUILDING, ELECTRICAL WIRING, AND PIPING. 8. Customer Responsibilities.Customer shall furnish all necessary facilities for performance of its work by Company, adequate space for storage and handling of materials, light, water, heat, heat tracing, electrical service, local telephone, watchman, and crane and elevator service and necessary permits. Where wet pipe system is installed, Customer shall supply and maintain sufficient heat to prevent freezing of the system. Customer shall promptly notify Company of any malfunction in the Covered System(s) which comes to Customer’s attention. This Agreement assumes any existing system(s) are in operational and maintainable condition as of the Agreement date. If, upon initial inspection, Company determines that repairs are recommended, repair charges will be submitted for approval prior to any work. Should such repair work be declined Company shall be relieved from any and all liability arising therefrom. Customer shall further: •supply required schematics and drawings unless they are to be supplied by Company in accordance with this Agreement; •Provide a safe work environment, in the event of an emergency or Covered System(s) failure, take reasonable safety precautions to protect against personal injury, death, and property damage, continue such measures until the Covered System(s) are operational, and notify Company as soon as possible under the circumstances. •Provide Company access to any system(s) to be serviced, •Comply with all laws, codes, and regulations pertaining to the equipment and/or services provided under this agreement. 9. Excavation.In the event the Work includes excavation, Customer shall pay, as an extra to the contract price, the cost of any additional work performed by Company dues to water, quicksand, rock or other unforeseen condition or obstruction encountered or shoring required. 10. Structure and Site Conditions.While employees of Company will exercise reasonable care in this respect, Company shall be under not responsibility for loss or damage due to the character, condition or use of foundations, walls, or other structures not erected by It or resulting from the excavation in proximity thereto, or for damage resulting from concealed piping, wiring, fixtures, or other equipment or condition of water pressure. All shoring or protection of Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America J2, Attachment 2 Packet Page Number 184 of 192 Project: Maplewood Comm Cntr-New FACP Customer Reference: Maplewood Comm Cntr-New FACP SimplexGrinnell Reference: 337446336 Date: 08/01/2016 Page 4 of 5 SALE AND INSTALLATION AGREEMENT (continued) foundation, walls or other structures subject to being disturbed by any excavation required hereunder shall be the responsibility of Customer. Customer shall have all things in readiness for installation including, without limitation, structure to support the sprinkler system and related equipment (including tanks), other materials, floor or suitable working base, connections and facilities for erection at the time the materials are delivered. In the event Customer fails to have all things in readiness at the time scheduled for receipt of materials, Customer shall reimburse Company for all expenses caused by such failure. Failure to make areas available to Company during performance in accordance with schedules that are the basis for Company’s proposal shall be considered a failure to have things in readiness in accordance with the terms of this Agreement. 11. Confined Space.If access to confined space by Company is required for the performance of Services, Services shall be scheduled and performed in accordance with Company’s then- current hourly rate. 12. Hazardous Materials.Customer represents that, except to the extent that Company has been given written notice of the following hazards prior to the execution of this Agreement, to the best of Customer’s knowledge there is no: •“permit confined space,” as defined by OSHA, •risk of infectious disease, •need for air monitoring, respiratory protection, or other medical risk, •asbestos, asbestos-containing material, formaldehyde or other potentially toxic or otherwise hazardous material contained in or on the surface of the floors, walls, ceilings, insulation or other structural components of the area of any building where work is required to be performed under this Agreement. All of the above are hereinafter referred to as “Hazardous Conditions”. Company shall have the right to rely on the representations listed above. If hazardous conditions are encountered by Company during the course of Company’s work, the discovery of such materials shall constitute an event beyond Company’s control and Company shall have no obligation to further perform in the area where the hazardous conditions exist until the area has been made safe by Customer as certified in writing by an independent testing agency, and Customer shall pay disruption expenses and re-mobilization expenses as determined by Company. This Agreement does not provide for the cost of capture, containment or disposal of any hazardous waste materials, or hazardous materials, encountered in any of the Covered System(s) and/or during performance of the Services. Said materials shall at all times remain the responsibility and property of Customer. Company shall not be responsible for the testing, removal or disposal of such hazardous materials. 13. OSHA Compliance.Customer shall indemnify and hold Company harmless from and against any and all claims, demands and/or damages arising in whole or in part from the enforcement of the Occupational Safety Health Act (and any amendments or changes thereto) unless said claims, demands or damages are a direct result of causes within the exclusive control of Company. 14. Interferences.Customer shall be responsible to coordinate the work of other trades (including but not limited to ducting, piping, and electrical) and for and additional costs incurred by Company arising out of interferences to Company’s work caused by other trades. 15. Modifications and Substitutions.Company reserves the right to modify materials, including substituting materials of later design, providing that such modifications or substitutions will not materially affect the performance of the Covered System(s). 16. Changes, Alterations, Additions.Changes, alterations and additions to the Scope of Work, plans, specifications or construction schedule shall be invalid unless approved in writing by Company. Should changes be approved by Company, that increase or decrease the cost of the work to Company, the parties shall agree, in writing, to the change in price prior to performance of any work. However, if no agreement is reached prior to the time for performance of said work, and Company elects to perform said work so as to avoid delays, then Company’s estimate as to the value of said work shall be deemed accepted by Customer. In addition, Customer shall pay for all extra work requested by Customer or made necessary because of incompleteness or inaccuracy of plans or other information submitted by Customer with respect to the location, type of occupancy, or other details of the work to be performed. In the event the layout of Customer’s facilities has been altered, or is altered by Customer prior to the completion of the Work, Customer shall advise Company, and prices, delivery and completion dates shall be changed by Company as may be required. 17. Commodities Availability.Company shall not be responsible for failure to provide services, deliver products, or otherwise perform work required by this Agreement due to lack of available steel products or products made from plastics or other commodities. 1) In the event Company is unable, after reasonable commercial efforts, to acquire and provide steel products, or products made from plastics or other commodities, if required to perform work required by this Agreement, Customer hereby agrees that Company may terminate the Agreement, or the relevant portion of the Agreement, at no additional cost and without penalty. Customer agrees to pay Company in full for all work performed up to the time of any such termination. 2) If Company is able to obtain the steel products or products made from plastics or other commodities, but the price of any of the products has risen by more than 10% from the date of the bid, proposal or date Company executed this Agreement, whichever occurred first, then Company may pass through that increase through a reasonable price increase to reflect increased cost of materials. 18. Project Claims.Any claim of failure to perform against Company arising hereunder shall be deemed waived unless received by Company, in writing specifically setting forth the basis for such claim, within ten (10) days after such claims arises. 19. Backcharges.No charges shall be levied against the Seller unless seventy-two (72) hours prior written notice is given to Company to correct any alleged deficiencies which are alleged to necessitate such charges and unless such alleged deficiencies are solely and directly caused by Company. 20. System Equipment.The purchase of equipment or peripheral devices (including but not limited to smoke detectors, passive infrared detectors, card readers, sprinkler system components, extinguishers and hoses) from Company shall be subject to the terms and conditions of this Agreement. If, in Company’s sole judgment, any peripheral device or other system equipment, which is attached to the Covered System(s), whether provided by Company or a third party, interferes with the proper operation of the Covered System(s), Customer shall remove or replace such device or equipment promptly upon notice from Company. Failure of Customer to remove or replace the device shall constitute a material breach of this Agreement. If Customer adds any third party device or equipment to the Covered System(s), Company shall not be responsible for any damage to or failure of the Covered System(s) caused in whole or in part by such device or equipment. 21. Reports.Where inspection and/or test services are selected, such inspection and/or test shall be completed on Company’s then current Report form, which shall be given to Customer, and, where applicable, Company may submit a copy thereof to the local authority having jurisdiction. The Report and recommendations by Company are only advisory in nature and are intended to assist Customer in reducing the risk of loss to property by indicating obvious defects or impairments noted to the system and equipment inspected and/or tested. They are not intended to imply that no other defects or hazards exist or that all aspects of the Covered System(s), equipment, and components are under control at the time of inspection. Final responsibility for the condition and operation of the Covered System(s) and equipment and components lies with Customer. 22. Limited Warranty.Subject to the limitations below, Company warrants any equipment (as distinguished from the Software) installed pursuant to this Agreement to be free from defects in material and workmanship under normal use for a period of one (1) year from the date of first beneficial us or all or any part of the Covered System(s) or 18 months after Equipment shipments, whichever is earlier, provided however, that Company’s soles liability, and Customer’s sole remedy, under this limited warranty shall be limited to the repair or replacement of the Equipment or any part thereof, which Company determines is defective, at Company’s sole option and subject to the availability of service personnel and parts, as determined by Company. Company warrants expendable items, including, but not limited to, video and print heads, television camera tubes, video monitor displays tubes, batteries and certain other products in accordance with the applicable manufacturer’s warranty. Company does not warrant devices designed to fail inprotecting the System, such as, but not limited to, fuses and circuit breakers. Company warrants that any Company software described in this Agreement, as well as software contained in or sold as part of any Equipment described in this Agreement, will reasonably conform to its published specifications in effect at the time of delivery and for ninety (90) days after delivery. However, Customer agrees and acknowledges that the software may have inherent defects because of its complexity. Company’s sole obligation with respect to software, and Customer’s sole remedy, shall be to make available published modifications, designed to correct inherent defects, which become available during the warranty period. If Repair Services are included in this Agreement, Company warrants that its workmanship and material for repairs made pursuant to this Agreement will be free from defects for a period of ninety (90) days from the date of furnishing. EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS, SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. COMPANY MAKES NO WARRANTY OR REPRESENTATION, AND UNDERTAKES NO OBLIGATION TO ENSURE BY THE SERVICES PERFORMED UNDER THIS AGREEMENT, THAT COMPANY’S PRODUCTS OR THE SYSTEMS OR EQUIPMENT OF THE CUSTOMER WILL CORRECTLY HANDLE THE PROCESSING OF CALENDAR DATES BEFORE OR AFTER DECEMBER 31, 1999. Warranty service will be performed during Company’s normal working hours. If Customer requests warranty service at other than normal working hours, service will be performed at Company’s then current rates for after ours services. All repairs or adjustments that are or may become necessary shall be performed by and authorized representative of Company. Any repairs, adjustments or interconnections performed by Customer or any third party shall void all warranties. 23. Indemnity.Customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages, costs, including expert fees and costs, and expenses including reasonable defense costs, arising from any and all third party claims for personal injury, death, property damage or economic loss, including specifically any damages resulting from the exposure of workers to Hazardous Conditions whether or not Customer pre-notifies Company of the existence of said hazardous conditions, arising in any way from any act or omission of Customer or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement, whether such claims are based upon contract, warranty, tort (including but not limited to active or passive negligence), strict liability or otherwise. Company reserves the right to select counsel to represent it in any such action. 24. Insurance.Customer shall name Company, its officers, employees, agents, subcontractors, suppliers, and Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America J2, Attachment 2 Packet Page Number 185 of 192 Project: Maplewood Comm Cntr-New FACP Customer Reference: Maplewood Comm Cntr-New FACP SimplexGrinnell Reference: 337446336 Date: 08/01/2016 Page 5 of 5 SALE AND INSTALLATION AGREEMENT (continued) representatives as additional insureds on Customer’s general liability and auto liability policies. 25. Termination.Any termination under the terms of this Agreement shall be made in writing. In the event Customer terminates this Agreement prior to completion for any reason not arising solely from Company’s performance or failure to perform, Customer understands and agrees that Company will incur costs of administration and preparation that are difficult to estimate or determine. Accordingly, should Customer terminate this Agreement as described above, Customer agrees to pay all charges incurred for products and equipment installed and services performed, and in addition pay an amount equal to twenty (20%) percent of the price of products and equipment not yet delivered and Services not yet performed, return all products and equipment delivered and pay a restocking fee of twenty (20%) percent the price of products or equipment returned. Company may terminate this Agreement immediately at its sole discretion upon the occurrence of any Event of Default as hereinafter defined. Company may also terminate this Agreement at its sole discretion upon notice to Customer if Company’s performance of its obligations under this Agreement becomes impracticable due to obsolescence of equipment at Customer’s premises or unavailability of parts. 26. No Option to Solicit.Customer shall not, directly or indirectly, on its own behalf or on behalf of any other person, business, corporation or entity, solicit or employ any Company employee, or induce any Company employee to leave his or her employment with Company, for a period of two years after the termination of this Agreement. 27. Default.An Event of Default shall be 1) failure of the Customer to pay any amount within ten (10) days after the amount is due and payable, 2) abuse of the System or the Equipment, 3) dissolution, termination, discontinuance, insolvency or business failure of Customer. Upon the occurrence of an Event of Default, Company may pursue one or more of the following remedies, 1) discontinue furnishing Services, 2) by written notice to Customer declare the balance of unpaid amounts due and to become due under the this Agreement to be immediately due and payable, provided that all past due amounts shall bear interest at the rate of 1 ½% per month (18% per year) or the highest amount permitted by law, 3) receive immediate possession of any equipment for which Customer has not paid. 4) proceed at law or equity to enforce performance by Customer or recover damages for breach of this Agreement, and 5) recover all costs and expenses, including without limitation reasonable attorneys’ fees, in connection with enforcing or attempting to enforce this Agreement. 28. Exclusions. Unless expressly included in the Scope of Work, this Agreement expressly excludes, without limitation, testing inspection and repair of duct detectors, beam detectors, and UV/IR equipment; provision of fire watches; clearing of ice blockage; draining of improperly pitched piping; replacement of batteries; recharging of chemical suppression systems; reloading of, upgrading, and maintaining computer software; system upgrades and the replacement of obsolete systems, equipment, components or parts; making repairs or replacements necessitated by reason of negligence or misuse of components or equipment or changes to Customer’s premises, vandalism, corrosion (including but not limited to micro- bacterially induced corrosion (“MIC”)), power failure, current fluctuation, failure due to non-Company installation, lightning, electrical storm, or other severe weather, water, accident, fire, acts of God or any other cause external to the Covered System(s). Repair Services provided pursuant to this Agreement do not cover and specifically excludes system upgrades and the replacement of obsolete systems, equipment, components or parts. All such services may be provided by Company at Company’s sole discretion at an additional charge. If Emergency Services are expressly included in the scope of work section, the Agreement price does not include travel expenses. 29. Force Majeure; Delays.Company shall not be liable for any damage or penalty for delays or failure to perform work due to acts of God, acts or omissions of Customer, acts of civil or military authorities, Government regulations or priorities, fires, epidemics, quarantine, restrictions, war, riots, civil disobedience or unrest, strikes, delays in transportation, vehicle shortages, differences with workmen, inability to obtain necessary labor, material or manufacturing facilities, defaults of Company’s subcontractors, failure or delay in furnishing compete information by Customer with respect to location or other details of work to be performed, impossibility or impracticability of performance or any other cause or causes beyond Company’s control, whether or not similar to the foregoing. In the event of any delay caused as aforesaid, completion shall be extended for a period equal to any such delay, and this contract shall not be void or voidable as a result of the delay. In the event work is temporarily discontinued by any of the foregoing, all unpaid installments of the contract price, les an amount equal to the value of material and labor not furnished, shall be due and payable upon receipt of invoice by Customer. 30. One-Year Limitation on Actions; Choice of Law.It is agreed that no suit, or cause of action or other proceeding shall be brought against either party more than one (1) year after the accrual of the cause of action or one (1) year after the claim arises, whichever is shorter, whether known or unknown when the claim arises or whether based on tort, contract, or any other legal theory. The laws of Massachusetts shall govern the validity, enforceability, and interpretation of this Agreement. 31. Assignment.Customer may not assign this Agreement without Company’s prior written consent. Company may assign this Agreement to an affiliate without obtaining Customer’s consent. 32. Entire Agreement.The parties intend this Agreement, together with any attachments or Riders (collectively the “Agreement) to be the final, complete and exclusive expression of their Agreement and the terms and conditions thereof. This Agreement supersedes all prior representations, understandings or agreements between the parties, written or oral, and shall constitute the sole terms and conditions of sale for all equipment and services. No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Company unless made in writing and signed by an Authorized Representative of Company. 33. Severability.If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part, this Agreement will continue to be valid as to the other provisions and the remainder of the affected provision. 34. Legal Fees.Company shall be entitled to recover from the customer all reasonable legal fees incurred in connection with Company enforcing the terms and conditions of this Agreement. 35. License Information (Security System Customers): AL Alabama Electronic Security Board of Licensure 7956 Vaughn Road, Pmb 392, Montgomery, Alabama 36116 (334) 264-9388: AR Regulated by: Arkansas Board of Private Investigators And Private Security Agencies, #1 State Police Plaza Drive, Little Rock 72209 (501)618-8600: CA Alarm company operators are licensed and regulated by the Bureau of Security and Investigative Services, Department of Consumer Affairs, Sacramento, Ca, 95814. Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act: NY Licensed by N.Y.S. Department of the State: TX Texas Commission on Private Security, 5805 N. Lamar Blvd., Austin, 78752-4422, 512-424-7710.License numbers available at www.simplexgrinnell.com or contact your local SimplexGrinnelloffice. (Rev. 10/08)©2006-8 SimplexGrinnell LP. All rights reserved. IMPORTANT NOTICE TO CUSTOMER In accepting this Proposal, Customer agrees to the terms and conditions contained herein including those on the following pages of this Agreement and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shallprevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS ON THE FOLLOWING PAGES. This Proposal shall be void if not accepted in writing within thirty (30) days from the date of the Proposal. Offered By:Accepted By: (Customer) SimplexGrinnell LP License#: 5400 Nathan Ln N Ste 100 PLYMOUTH, MN 55442-1953 Company: Telephone: (763) 367 5000 Fax: 763-367-5002 Address: Representative: Scott Eccles Signature: Email: seccles@simplexgrinnell.com Title: P.O.#:Date: Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America J2, Attachment 2 Packet Page Number 186 of 192 CEE Doc #2306 Center for Energy and Environment 212 Third Avenue North, Suite 560 Minneapolis, MN 55401 1 Proposal for Maplewood Community Center Locker Room HVAC Engineering Study J2, Attachment 3 Packet Page Number 187 of 192 CEE Doc #2306 2 Proposal for Maplewood Community Center Locker room HVAC Engineering Study August 2016 Prepared for DuWayne Konewko Park & Recreation Director Maplewood Community Center 2100 White Bear Avenue Maplewood, MN 55109 Prepared by Mark Hancock, P.E. Director of Engineering Center for Energy and Environment 212 Third Avenue N, Suite 560 Minneapolis, MN 55401 612-335-5861 J2, Attachment 3 Packet Page Number 188 of 192 CEE Doc # 2306 3 1.Proposal Overview This proposal covers engineering study of the locker room heating, ventilation, and cooling (HVAC) system at the Maplewood Community Center. The Center for Energy and Environment (CEE) will assess the condition and function of the locker room HVAC system and provide the City of Maplewood a report outlining the results of the investigation. Below is the Scope of Services this proposal covers. 2.Scope of Services A.Perform a site visit to collect information on building operation and document equipment used. Site visit will require the assistance of a person knowledgeable with the buildings and their systems, typically the lead building engineer. B.Assemble all existing design documents for the locker room system. These documents will include but not be limited to: i.Original design of the system ii.Space parameters used in the design of the locker room area such as temperature, relative humidity and outside volume. iii. Intended sequence of operation iv. Requirements from other central systems such as boilers or chillers to meeting design loads v.Other parameters as needed for assessment C.Make measurements required to assess the performance of the locker room HVAC system. These measurements will be a combination of handheld meters, time series data recorders or the harvesting of trend data from a building automation system (if one is present). If trends are present, CEE will setup trends to document the performance of the system over the study period. D.CEE may require the use of an outside contractor for the investigation of air and water flow to meet space requirements. CEE will gain approval from the City of Maplewood prior to the use of the outside contractor. Any outside contractor costs will be directly passed through to the City of Maplewood without markup from CEE. E.Develop a report with recommendations on best solutions to issues identified by the investigation process. Report will be submitted to the City of Maplewood 3.Proposed Fee CEE proposes to complete the above scope of work listed in Section 2 for a fee not to exceed $15,000. Services will be billed on a time and material basis (per the hourly rates below) with travel expenses. The use of a subcontractor for Test and Balance will be a direct pass through to the City with fees outside of the $15,000 CEE fee. Preliminary estimate on Test and Balance is $1,000. Terms: Billing with occur monthly with the final payment due within 30 days of delivery of the final report. J2, Attachment 3 Packet Page Number 189 of 192 CEE Doc # 2306 4 Services outside the scope of work will be billed on a time and material contract with the hourly rate establish in the table below: Director of Engineering $180.00 / hour Engineer 2 $130.00 / hour Engineer 1 $105.00 / hour Engineering Technician $65.00 / hour Administrative Support $50.00 / hour 4. Proposed Schedule CEE proposes an immediate project start on a contract has been fully excuted. Completion of the project will be dependent on the complexity of the system and the number of issues identified. CEE provide monthly updates to the City of Maplewood on the progress of the work. 5. Key Personnel Mark Hancock, P.E – Director of Engineering will be the principal in charge of the project. Mark will be the primary administrative and managerial point of contact for the project. Neal Ray – Engineer 1. Tim Ellingson –Engineer 1 will serve at the primary investigation engineers. Neal and Tim will be responsible for collection of information and the assembly recommendations. 6. Basis of Proposal 6.1 The Owner will provide the following items in a timely manner: A. Provide access to buildings and equipment documentation. B. Provide access to the building automation system trend data and graphical user interface. C. Provide access to building equipment located in mechanical rooms as well as classroom spaces. D. Provide CEE with utility energy consumption data. E. Review deliverables and status reports, and provide timely feedback. F. General staff support of all work scope activities through active participation in meetings, discussions, collaboration, input and information. 6.2 Deliverables- CEE shall provide: A. Recommendation Report Additional deliverables may be requested and will be billed based on the rates presented in Section 3. J2, Attachment 3 Packet Page Number 190 of 192 CEE Doc #2306 5 In performing the Services identified in the Center for Energy and Environment (“CEE”) RCx Proposal, Client and CEE agree to the following terms and conditions. 1. Definitions. As used herein the following definitions shall apply. The term “Agreement” m eans these Terms and Conditions and the associated Proposal(s). The term “CEE” means Center for Energy and Environment and includes its employees, agents, contractors, subcontractors or other representatives. Except as otherwise indicated, the term “Client” means the person or entity identified in the Proposal, including Client’s employees, agents, contractors, subcontractors, other representatives, heirs and assigns, and other residents or occupants of the Property. The term “Property” means the property where the Services are performed, as set forth in the Proposal(s). The term “Services” means the tasks and activities to be performed by CEE as described in the Scope of Work in the Proposal Agreement(s). 2. Safe Working Conditions. Client shall provide safe working conditions at the Property. Client shall inform CEE of any known or suspected hazardous materials or unsafe conditions at the Property prior to the commencement of the Services. CEE shall only be responsible for the safety of CEE employees at the Property. CEE shall not be responsible for supervising, directing the work of or ensuring the safety of Client or any third party at the Property. 3. Damage to Property. Client acknowledges that some damage may occur to the Property (including the building and grounds) or sampled materials during the performance of the Services. Unless the damage results from the sole negligence of CEE, correction of any such damage shall be Client’s sole responsibility. 4. Defense, Indemnification and Hold Harmless of CEE. Client agrees to defend, indemnify and hold harmless CEE from and against any and all claims, demands, causes of action, suits at law or in equity, or other loss of any kind arising out of or relating to the following: (a) any third party claims arising out of or relating to the Services provided or any report issued by CEE; (b) any acts or omissions by the Client; (c) any claims by governmental agencies as a result of CEE’s reporting of conditions at the Property to such agencies; and (d) any claims that relate to the evaluation, remediation, clean up, treatment and eradication of mold or other contaminants. 5. Shifting of Fees and Costs. Should Client assert a claim or cause of action against CEE that is dismissed or judged substantially in CEE’s favor, Client agrees to pay CEE’s fees, expenses and costs of defending the claim or cause of action, including but not limited to reasonable attorney and expert witness fees, arbitration costs, and court costs. Should CEE assert a claim or cause of action against Client that is dismissed or judged substantially in Client’s favor, CEE agrees to pay Client’s fees, expenses and costs of defending the claim or cause of action, including but not limited to reasonable attorney and expert witness fees, arbitration costs, and court costs. 6. Jurisdiction. This Agreement shall be construed and interpreted according to the substantive laws of the State of Minnesota without regard to choice of law principles. 7. No Assignment. Client agrees that it shall not and may not assign, sell, barter or transfer any legal rights, causes of action, claims or disputes arising out of or relating to this Agreement or the Services, any report that CEE may issue, or against CEE to any other persons or party, or to any trustee, receiver or other third party. 8. Binding Arbitration. Any controversy or dispute of any nature whatsoever between or among the parties hereto regarding or relating to this Agreement (including the formation, interpretation or alleged breach of this Agreement), Services or any report that CEE may issue shall be settled by binding arbitration. The arbitration shall comply with and be governed by the provisions of the Federal Arbitration Act and shall be conducted by a single arbitrator in Minneapolis, Minnesota, in accordance with the Home Construction Arbitration Rules of and by the American Arbitration Association. The decision of the arbitrator shall be final and conclusive. 9. Invalidity. In case any one or more of the provisions contained in this Agreement is held to be invalid, illegal, or unenforceable, for any reason and in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement. 10. Survival. The provisions of this Agreement shall remain effective following the completion of the Services and any termination of this Agreement J2, Attachment 3 Packet Page Number 191 of 192 CEE Doc #2306 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written below. CLIENT By: Its: Print Name: Date: CENTER FOR ENERGY & ENVIRONMENT (a Minnesota nonprofit corporation) By: Its: Operations and Contracts Manager Christopher Plum Date: Tax ID # 41-1647799 J2, Attachment 3 Packet Page Number 192 of 192