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Home My WebLink About2016 08-22 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 22, 2016 City Hall, Council Chambers Meeting No. 16-16 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 August 08, 2016 City Council Workshop Minutes 2. Approval of the August 08, 2016 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Presentation of Maplewood Acapulco Business Owner, Mr. Sam Leon, Awarded Business Person of the Year 4. Approval of Proclamation Designating September as Hunger Action Month 5. Approval of Resolution Appointing Applicants to the Police Department’s “Use of Force” Workgroup 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 Presentation of the Blessed Virgin Mary, 1725 Kennard Street 3. Approval of Public Utility Easement Over City Owned Land 4. Approval Authorizing Additional Purchase of Bituminous Materials 5. Approval Authorizing Exterior Block Wall Repairs at City Hall, 1902 and 1810 Maintenance Buildings 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 everyon e will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. 6. Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36 7. Approval of a Conditional Use Permit Review, Maple Hill Senior Living, 3030 Southlawn Drive 8. Approval to Purchase 800 MHz Radios 9. Approval of Pre-Hospital Medical Direction Services Agreement with Regions Hospital 10. Consider Approval of Playground Replacement at Vista Hills Park H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Consider Approval of an Amendment to the Maplewood Rental and Owner- Occupied Housing Maintenance Ordinance – Second Reading 2. Consider Approval of Amendments to the Maplewood Planning and Parks and Recreation Commission Ordinances – Second Reading 3. Consider Approval of an Amendment to the Maplewood Zoning Ordinance Regarding Temporary Accessory Dwelling Units – Second Reading J. NEW BUSINESS 1. Consider Approval of Amendments to Commissions’ Rules of Procedures K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADJOURNMENT E1 August 8, 2016 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, August 8, 2016 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present C. APPROVAL OF AGENDA Councilmember Abrams moved to approve the agenda as submitted. Seconded by Councilmember Smith Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Commissioner Interviews City Manager Coleman gave the staff report. The following candidates were interviewed for the commissions indicated. John Eads, Planning Commission Patricia Krageland, Housing & Economic Development Commission Benosi Maduka, Planning Commission and Housing & Economic Development Commission 2. Presentation of 2017 General Budget Overview City Manager Coleman gave the presentation for the 2017 General Budget Overview and answered questions of the council. Finance Director Paulseth gave additional information about the 2017 General Budget Overview and answered questions of the council. Packet Page Number 1 of 164 E1 August 8, 2016 City Council Workshop Minutes 2 3. Presentation of Proposed 2017 Executive/Legislative Budget Assistant City Manager/Human Resource Director Funk gave the presentation on the 2017 Executive Budget and answered questions of the council. The presentation on the Proposed 2017 Legislative Budget was deferred to the next City Council Workshop. 4. Presentation of Proposed 2017 IT Department Budget This item was deferred to the next City Council Workshop. 5. Presentation of Proposed 2017 Finance Department Budget This item was deferred to the next City Council Workshop. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 7:03 p.m. Packet Page Number 2 of 164 E2 August 8, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 8, 2016 City Hall, Council Chambers Meeting No. 15-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:08 p.m. by Mayor Slawik. Mayor Slawik thanked the staff that was involved in planning and participating in National Night Out. Mayor Slawik reported that the deadline to accept applications for the “Use of Force Task Force” has ended. The applications will be reviewed and ranked by the council and appoints will be made at the August 22, 2016 City Council Meeting. B. PLEDGE OF ALLEGIANCE Grace Gabriel, Ellie Gabriel and Annie Gabriel led the council in the pledge of allegiance. They were attending the council meeting for the Recognition of Service of K- 9 Team – Office Tony Gabriel and K-9 Yoda. C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA F2a Rice & Larpenteur Corridor Task Force Night F2b Meeting with Local Legislatures F2c Ribbon Cutting F2d Rush Line Corridor Meeting Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of July 25, 2016 City Council Meeting Minutes Councilmember Abrams moved to approve the July 25, 2016 City Council Meeting Minutes as submitted. Packet Page Number 3 of 164 E2 August 8, 2016 2 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Approval of Resolution for Commission and Board Appointments City Manager Coleman gave the staff report. Councilmember Smith moved to approve the resolution to appoint candidates to the Planning and Housing & Economic Development Commissions. Resolution 16-08-1370 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 term expires December 31, 2018 Housing & Economic Development Commission (one opening) Benosi Maduka term expires April 30, 2019 Seconded by Councilmember Abrams Ayes – All The motion passed. b. Council Calendar Update City Manager Coleman gave the update to the council calendar. c. Recognition of Service of K-9 Team – Officer Tony Gabriel and K-9 Yoda Police Chief Schnell gave the staff report and presented Office Tony Gabriel with the Recognition of Service of K-9 Team. 2. Council Presentations a. Rice & Larpenteur Corridor Meeting Councilmember Juenemann reported on the Rice & Larpenteur Corridor Task Force meeting she attended with Economic Development Coordinator Martin at Galilee Lutheran Church on Rice Street. Councilmember Abrams gave additional information on the meeting. Packet Page Number 4 of 164 E2 August 8, 2016 3 City Council Meeting Minutes b. Meeting with Local Legislatures Councilmember Abrams reported on the meeting with local Legislatures she and Police Chief Schnell attended. c. Ribbon Cutting Mayor Slawik reported on a ribbon cutting event she attended with Environmental & Economic Develop Director Konewko at Access Partners Staffing on County Road D East. Environmental & Economic Develop Director Konewko gave additional information. Mayor Slawik reported that Pediatric Dentistry located on County Road D East had a grand opening event that she attended. d. Rush Line Corridor Meeting Mayor Slawik reported there will be a Rush Line Corridor Meeting on Thursday at 2:00 p.m. at Boat Works in White Bear Lake. She gave additional information about the Rush Line Corridor routes. Public Works Director Thompson gave additional information. G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G7. Seconded by Councilmember Abrams Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 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 Packet Page Number 5 of 164 E2 August 8, 2016 4 City Council Meeting Minutes PAYROLL $ 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 Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of a Temporary Lawful Gambling - Local Permit for the Church of St Jerome, 380 Roselawn Ave E Councilmember Juenemann moved to approve the Lawful Gambling - Local permit for the Church of St. Jerome’s Fall Festival on September 18, 2016 at 380 Roselawn Ave E. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Approval of School Resource Officer Agreement with Independent School District 622 Councilmember Juenemann moved to 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. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of Resolution Accepting Donation to Maplewood Police Reserves from Ramsey County Fair Councilmember Juenemann moved to approve the Resolution Accepting Donation to Maplewood Police Reserves from Ramsey County Fair. Resolution 16-08-1371 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 Packet Page Number 6 of 164 E2 August 8, 2016 5 City Council Meeting Minutes 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. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval to Authorize Sanitary Lift Station #6 Repairs Councilmember Juenemann moved to approve 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. Seconded by Councilmember Abrams Ayes – All The motion passed. 6. Approval to Transfer Ownership of K-9 Yoda to Officer Gabriel and Family Councilmember Juenemann moved to approve the resolution to retirement and transfer ownership status of Maplewood Police Service Dog (K-9) “Yoda” to Officer Tony Gabriel and his family. Resolution 16-08-1372 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 Packet Page Number 7 of 164 E2 August 8, 2016 6 City Council Meeting Minutes 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 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. Seconded by Councilmember Abrams Ayes – All The motion passed. 7. Approval of Memorandum of Understanding for Interim Legal Services Assistant City Manager/Human Resource Director Funk gave the staff report and introduced Attorney Ronald Batty with Kennedy and Graven. Attorney Batty gave Packet Page Number 8 of 164 E2 August 8, 2016 7 City Council Meeting Minutes background information about the firm and working with the City. Councilmember Juenemann moved to approve the Memorandum of Understanding with Kennedy & Graven, Chartered for civil representation. Seconded by Councilmember Abrams Ayes – All The motion passed. H. PUBLIC HEARINGS 1. Consider Approval of an Amendment to the Maplewood Rental and Owner- Occupied Housing Maintenance Ordinance Economic Development Coordinator Martin gave the staff. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Xiong moved to approve 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. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Consider Approval of Amendments to the Maplewood Planning and Parks and Recreation Commission Ordinances Economic Development Coordinator Martin gave the staff report. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the amendments to the planning and parks & recreation commissions’ enabling ordinances to reduce its memberships from nine to seven members. Seconded by Councilmember Xiong Ayes – All The motion passed. 3. Consider Approval of an Amendment to the Maplewood Zoning Ordinance Regarding Temporary Accessory Dwelling Units Economic Development Coordinator Martin gave the staff report. Packet Page Number 9 of 164 E2 August 8, 2016 8 City Council Meeting Minutes Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the Amendment to the Maplewood Zoning Ordinance opting out of allowing temporary dwelling units. Seconded by Councilmember Abrams Ayes – All The motion passed. 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 Finance Director Paulson gave the staff report. Terri Heaton from Sprinsted, Inc. addressed the council to give additional information. Councilmember Abrams moved to approve the resolution for 2016A bonds that will finance capital improvements and equipment as follows:  Street improvement bonds in the amount of $1,935,000 will finance the Sterling Street and Beebe 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. Resolution 16-08-1373 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 Packet Page Number 10 of 164 E2 August 8, 2016 9 City Council Meeting Minutes 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 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, $1,320,000 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 $1,935,000 in principal amount of the Bonds (the "Improvement Portion of the Bonds") will finance the Improvements and $510,000 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 Packet Page Number 11 of 164 E2 August 8, 2016 10 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Robert W. Baird & Co., Inc. in Milwaukee, Wisconsin (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 $3,847,773.75, 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. 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 $265,000 2026 $220,000 2019 295,000 2027 225,000 2020 300,000 2028 230,000 2021 310,000 2029 235,000 2022 310,000 2030 240,000 2023 210,000 2031 245,000 2024 210,000 2032 250,000 2025 220,000 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. $1,320,000 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"); $1,935,000 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 $510,000 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"): CIP Portion Improvement Portion Equipment Portion Year Amount Year Amount Year Amount 2018 $ 70,000 2018 $ 95,000 2018 $100,000 Packet Page Number 12 of 164 E2 August 8, 2016 11 City Council Meeting Minutes CIP Portion Improvement Portion Equipment Portion 2019 80,000 2019 115,000 2019 100,000 2020 80,000 2020 120,000 2020 100,000 2021 85,000 2021 120,000 2021 105,000 2022 85,000 2022 120,000 2022 105,000 2023 85,000 2023 125,000 2024 85,000 2024 125,000 2025 90,000 2025 130,000 2026 90,000 2026 130,000 2027 90,000 2027 135,000 2028 90,000 2028 140,000 2029 95,000 2029 140,000 2030 95,000 2030 145,000 2031 100,000 2031 145,000 2032 100,000 2032 150,000 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"). (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 Packet Page Number 13 of 164 E2 August 8, 2016 12 City Council Meeting Minutes 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"). (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. Packet Page Number 14 of 164 E2 August 8, 2016 13 City Council Meeting Minutes (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 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 Packet Page Number 15 of 164 E2 August 8, 2016 14 City Council Meeting Minutes 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 2.00% 2026 2.00% 2019 2.00 2027 2.00 2020 2.00 2028 2.00 2021 2.00 2029 2.00 2022 2.00 2030 2.25 2023 2.00 2031 2.25 2024 2.00 2032 2.25 2025 2.00 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 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 Packet Page Number 16 of 164 E2 August 8, 2016 15 City Council Meeting Minutes 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: 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 Packet Page Number 17 of 164 E2 August 8, 2016 16 City Council Meeting Minutes 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. 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 Packet Page Number 18 of 164 E2 August 8, 2016 17 City Council Meeting Minutes 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 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. Packet Page Number 19 of 164 E2 August 8, 2016 18 City Council Meeting Minutes 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 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 ___________________________________________________________ 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: Packet Page Number 20 of 164 E2 August 8, 2016 19 City Council Meeting Minutes 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 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 Packet Page Number 21 of 164 E2 August 8, 2016 20 City Council Meeting Minutes 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. 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. Packet Page Number 22 of 164 E2 August 8, 2016 21 City Council Meeting Minutes 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. 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 Packet Page Number 23 of 164 E2 August 8, 2016 22 City Council Meeting Minutes 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 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 Packet Page Number 24 of 164 E2 August 8, 2016 23 City Council Meeting Minutes 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"). 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 Packet Page Number 25 of 164 E2 August 8, 2016 24 City Council Meeting Minutes 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 3.82% per annum: Improvements Designation Amount Levy Years Collection Years Sterling Street & Beebe Road $1,117,715 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 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 Packet Page Number 26 of 164 E2 August 8, 2016 25 City Council Meeting Minutes 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 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. Packet Page Number 27 of 164 E2 August 8, 2016 26 City Council Meeting Minutes (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 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 Packet Page Number 28 of 164 E2 August 8, 2016 27 City Council Meeting Minutes 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 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. Packet Page Number 29 of 164 E2 August 8, 2016 28 City Council Meeting Minutes 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"). 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 Packet Page Number 30 of 164 E2 August 8, 2016 29 City Council Meeting Minutes 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. Seconded by Councilmember Smith Ayes – All The motion passed. Councilmember Smith moved to approve the resolution for 2016B refunding bonds that will serve the following purpose:  Advance refunding bonds in the amount of $5,775,000 will be used to refund maturities of existing G.O. Bonds, Series 2007A and 2008A. Resolution 16-08-1374 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,775,000 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 $5,775,000 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 Packet Page Number 31 of 164 E2 August 8, 2016 30 City Council Meeting Minutes 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 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 ($607,578) 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 ($1,250,271); and G. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $5,775,000 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 Packet Page Number 32 of 164 E2 August 8, 2016 31 City Council Meeting Minutes 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 Piper Jaffray & Co. in Minneapolis, Minnesota (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 $6,247,424.40, 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. 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 $385,000 2019 970,000 2020 960,000 2021 950,000 2022 980,000 2023 980,000 2024 550,000 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 2,370,000 maturing in each of the years and amounts hereinafter set forth, is issued Packet Page Number 33 of 164 E2 August 8, 2016 32 City Council Meeting Minutes to refund the Prior 2007A Bonds. The Improvement Refunding Portion of the Bonds, being the aggregate principal amount of $3,405,000, is further bifurcated as follows: (i) the 2008A Improvement Refunding Portion of the Bonds in the aggregate principal amount of $1,860,000 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 $1,545,000 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. 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 $385,000 $385,000 2019 395,000 $270,000 $305,000 970,000 2020 380,000 265,000 315,000 960,000 2021 385,000 260,000 305,000 950,000 2022 410,000 255,000 315,000 980,000 2023 415,000 250,000 315,000 980,000 2024 245,000 305,000 550,000 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 Packet Page Number 34 of 164 E2 August 8, 2016 33 City Council Meeting Minutes CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on 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 35 of 164 E2 August 8, 2016 34 City Council Meeting Minutes (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. (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. Packet Page Number 36 of 164 E2 August 8, 2016 35 City Council Meeting Minutes 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 $203,243.31 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 $294,769.20 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 3.00% 2019 3.00 2020 3.00 2021 3.00 2022 3.00 2023 3.00 2024 3.00 5. No Optional. The Bonds shall maturing shall not be subject to redemption and prepayment prior to their stated maturity dates. 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. Packet Page Number 37 of 164 E2 August 8, 2016 36 City Council Meeting Minutes 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: 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 38 of 164 E2 August 8, 2016 37 City Council Meeting Minutes 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 $5,775,000, 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. 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. Packet Page Number 39 of 164 E2 August 8, 2016 38 City Council Meeting Minutes 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 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. ___________________________________ Packet Page Number 40 of 164 E2 August 8, 2016 39 City Council Meeting Minutes 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: ________________________________________ ________________________________________ ________________________________________ 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. Packet Page Number 41 of 164 E2 August 8, 2016 40 City Council Meeting Minutes 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Packet Page Number 42 of 164 E2 August 8, 2016 41 City Council Meeting Minutes 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 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. $6,187,004.17 proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account, $60,420.23 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 Packet Page Number 43 of 164 E2 August 8, 2016 42 City Council Meeting Minutes 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 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 Debt Service 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 Packet Page Number 44 of 164 E2 August 8, 2016 43 City Council Meeting Minutes 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 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 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 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 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"). Packet Page Number 45 of 164 E2 August 8, 2016 44 City Council Meeting Minutes 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 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 2016-2022 2017-2023 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 Packet Page Number 46 of 164 E2 August 8, 2016 45 City Council Meeting Minutes 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 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 2017-2022 2018-2023 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 Packet Page Number 47 of 164 E2 August 8, 2016 46 City Council Meeting Minutes 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. 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 Packet Page Number 48 of 164 E2 August 8, 2016 47 City Council Meeting Minutes 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. 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 Packet Page Number 49 of 164 E2 August 8, 2016 48 City Council Meeting Minutes 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 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; Packet Page Number 50 of 164 E2 August 8, 2016 49 City Council Meeting Minutes (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. Seconded by Councilmember Juenemann Ayes – All The motion passed. J. NEW BUSINESS 1. Consider Approval of the Publication of the Draft Environmental Assessment Worksheet (EAW) for 3M Company Economic Development Coordinator Martin gave the staff report. Sherri Buss, Senior Planner with TKDA addressed the council to give additional information about the project. Jana Guzman with 3M addressed the council to answer questions. Councilmember Xiong moved to approve the draft EAW for public notice and distribution for a 30-day comment period. Seconded by Councilmember Smith Ayes – All The motion passed. 2. Consider Approval of Improvements to the MCC and Authorize a Commission Study for Locker Rooms HVAC Systems Parks & Recreation Director/Environmental & Economic Development Director Konewko gave the staff report and answered questions of the council. Councilmember Abrams moved to approve the 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, the commissioning of a study for the HVAC system that services the locker rooms. Funds to pay for these improvements will come from existing capital improvement funds. Further authorize the Parks & Recreation Director to execute the Packet Page Number 51 of 164 E2 August 8, 2016 50 City Council Meeting Minutes 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, and authorize the Finance Director to make the appropriate budget adjustments to account for the purchases. Seconded by Councilmember Juenemann Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. None M. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:23 p.m. Packet Page Number 52 of 164 F1a MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: August 16, 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 29th a. Workshop: 2017 Budget Presentations (Citizen Services, IT, Public Safety: Fire, EMS and Police) 2. September 12th a. Workshop: Finish Budget Presentations and 2017 Budget Overview b. Council Meeting: Set Preliminary Tax Levy 3. September 26th a. Workshop: YMCA Contract Review Budget Impact None Recommendation No action required. Attachments None. Packet Page Number 53 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chad Bergo, Communications Coordinator SUBJECT: Presentation of Maplewood Acapulco Business Owner, Mr. Sam Leon, Awarded Business Person of the Year DATE : August 22, 2016 Introduction Staff along with Councilmember Abrams had the distinct honor to attend the Annual White Bear Area Chamber of Commerce (WBACC) 2016 Business & Achievement Awards on Tuesday, April 25, 2016 at the North Oaks Golf Club. The purpose of the luncheon was to formally recognize businesses and individuals who demonstrated leadership in the following areas: 1.Business Person of the Year; 2.Business of the Year; 3.Emerging Business; 4.Workplace Waste Reduction & Recycling Award; 5.Chamber Volunteer of the Year Award; 6.Legacy of Excellence. The keynote guest speaker for the event was Mr. George Zimmer, Entrepreneur, Founder, Chairman & CEO of Generation Tux. Prior to this, Mr. Zimmer served as the CEO of Men’s Warehouse. In addition, three youth scholarships were also awarded to three very deserving high school students. The 2016 Business Person of the Year Award was given to Mr. Sam Leon who owns and operates the Acapulco Restaurant in Maplewood. The Business Person of the Year award celebrates the individual business person who contributed to our local economy in an outstanding manner with proven exemplified outstanding business savvy. An outstanding individual, who directly helped in a business’ or industry growth, showed ingenuity, entrepreneurship or excelled in sales. Congratulations to Mr. Leon! As a successful entrepreneur, Mr. Leon went on to establish eight successful Mexican restaurants including the Acapulco Restaurant located in Maplewood and one Irish Pub in Stillwater. Mr. Leon is a member of the White Bear Area Chamber of Commerce and the Metro North Chamber of Commerce. Mr. Leon has also served as the Board Chair of Washington County East United Way and served on the Board of Directors of the Minnesota Restaurant Association. Mr. Tom Snell, Executive Director of the White Bear Area Chamber of Commerce, will be in attendance and will introduce Mr. Sam Leon. The City of Maplewood is a participating member of the White Bear Area Chamber of Commerce. Recommendation Recognize Mr. Sam Leon as the 2016 recipient of the WBACC Business Person of the Year. No formal action by the council is required. Attachments None F3 Packet Page Number 54 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation/EEDD Director DATE: August 22, 2016 RE: Approval of Proclamation Designating September as Hunger Action Month Introduction Second Harvest Heartland is a non-profit food bank located in Maplewood that serves the needs of Maplewood Residents and surrounding areas by providing food to individuals and families. Second Harvest Heartland has requested that the City of Maplewood help raise awareness of Hunger Action Month by approving the following proclamation. In addition, the City of Maplewood will provide space for food collection receptacles at the Maplewood Community Center, Maplewood Nature Center, City Hall, and Public Works. Heather Olson, Corporate Engagement Manager for Second Harvest Heartland, will be present at the council meeting to address the council and respond to any questions that council may have. Recommendation Staff recommends approval of the attached proclamation designating September as Hunger Action Month in Maplewood. Attachments 1.Proclamation Declaring September is Hunger Action Month F4 Packet Page Number 55 of 164 PROCLAMATION September is Hunger Action Month WHEREAS, hunger and poverty are issues of grave concern in the United States, the State of Minnesota and the City of Maplewood; and WHEREAS, the City of Maplewood is committed to taking steps to raise awareness about the need to combat hunger in every part of our city and to provide additional resources that citizens of Maplewood need; and WHEREAS, the City of Maplewood is committed to working with Second Harvest Heartland in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, more than one in 10 individuals in Minnesota rely on food provided by Second Harvest Heartland and Minnesota’s Feeding America Food Banks annually; and WHEREAS, Second Harvest Heartland distributed more than 7 million meals in 2015 through its network of food shelves, pantries and other partner programs; and WHEREAS, food banks across the country, including Second Harvest Heartland – will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in efforts to end hunger in their local community; NOW, THERFORE, I, Nora Slawik do hereby recognize September, as HUNGER ACTION MONTH in our CITY OF MAPLEWOOD and I call this observance to the attention of our citizens. SIGNATURE________________________________ DATE__________________ F4, Attachment 1 Packet Page Number 56 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Lois Knutson, Senior Administrative Assistant DATE: August 16, 2016 SUBJECT: Approval of Resolution Appointing Applicants to the Police Department’s “Use of Force” Workgroup Introduction The recent deaths of African American men in Baton Rouge, LA and Falcon Heights, MN, along with the sniper ambush resulting in the death of five police officers in Dallas, TX, have brought renewed attention to the need to redouble efforts to build trust across racial lines and re- evaluate police department policies and training protocols pertaining to “use of force.” On July 11, 2016, the City Council passed a resolution for the Establishment of a Workgroup to Review and Recommend Changes to the Police Department’s "Use of Force" Policies and Training Protocols. Background After the council voted to establish the Workgroup the City began to accept applications from interested citizens. The City accepted applications until Friday, August 5th. The City received 32 applications from individuals who have been determined eligible to serve on the Maplewood “Use of Force” workgroup. The workgroup is open to anyone who lives in Maplewood, owns or operates a business in Maplewood, or is a full—time employee of a Maplewood based business. The City Council members were given the applications and asked to select and rank their top 14. The candidates were scored with the number 1 choice receiving 14 points, number 2 receiving 13 points, number 3 receiving 12 points, etc. The totals were then tabulated and the applicants were ranked in order. The resolution specified that eight to fourteen individuals be selected for the workgroup. It is recommended that the top thirteen individuals be appointed to the workgroup, since there were two individuals tied for the 14th spot. The recommended individuals are: Sylvia Neblett, David Mathews, David Singleton, Evelyn Combs, William Josten, Rita Janisch, Mary Schoenborn, Kathryn Hatlestad, Sarah Lilja, Lenna Scott, Tzianeng Vang, Juan Wilson, and Melissa Sonnek. The resolution also specified that the Mayor will select one of the individuals to serve as co- chair of the Workgroup along with Police Chief Paul Schnell. Recommendation Staff recommends the City Council approve the attached resolution to appoint the top thirteen individuals to the Police Department’s “Use of Force” Workgroup. F5 Packet Page Number 57 of 164 Attachments 1. Resolution for Appointment 2. Score Sheet F5 Packet Page Number 58 of 164 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, whose applications have been reviewed and ranked by the Maplewood City Council, to serve on the Police Department’s “Use of Force” Workgroup. Sylvia Neblett David Mathews David Singleton Evelyn Combs William Josten Rita Janisch Mary Schoenborn Kathryn Hatlestad Sarah Lilja Lenna Scott Tzianeng Vang Juan Wilson Melissa Sonnek F5, Attachment 1 Packet Page Number 59 of 164 Police Department "Use of Force" Workgroup Score SheetFinal RankingID NumberFirst Name Last NameBryan RankingBryan ScoreKathy RankingKathy ScoreMarylee RankingMarylee ScoreNora RankingNora ScoreTou RankingTou ScoreTotal Score1 17 Sylvia Neblett1 14 1 14 114 213 1 14 692 14 David Mathews3 12 4 11 69 114 96 523 27 David Singleton87872 135 105 10474 1 Evelyn Combs12 3 2 13 123 96 2 13 385 10 William Josten5 10 7 8 510 123316 9 Rita Janisch9 6 13 2 31278 287 23 Mary Schoenborn 4 11 6 978288 8 Kathryn Hatlestad3 12114 69 259 13 Sarah Lilja10 5 9 6132 4 11 2410 24 Lenna Scott2 138711 4 2411 32 Melissa Sonnek11 4 114 132 69 13 2 2112 29 Tzianeng Vang7 8 14 14112013 31 Juan Wilson9 61413 12 1914 5 Stephen Fitze12 3 105 871515 21 Debra Porwoll13 278 1051516 15 Mollie Miller3121217 2 Scott Creer4111118 3 Steven De Bernardi5 101019 12 Tracey Kendall87720 25 Christine Seaton96621 11 Bill Kempe11414 1 522 20 Susan Paisley10 5 523 30 Joann Waid10 5524 28 Therese Sonnek12 3 325 4 John Eads141126 6 Jessica Gallardo14 1127 7 Nancy Gardner028 16 Robert Mittet029 18 Martha Nordin030 19 John Olson031 22 Robert Rozmarynowski032 26 Kim Shawbold0A ranking of 1 = 14 points, 2 = 13 points, 3 = 12 points, 4 = 11 points, 5 = 10 points, 6 = 9 points, 7 = 8 points, 8 = 7 points, 9 = 6 points, 10 = 5 points, 11 = 4 points, 12 = 3 points, 13 = 2 points, 14 = 1 pointF5, Attachment 2 Packet Page Number 60 of 164 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims -No checks this period. 2,984,121.24$ Disbursements via debits to checking account dated 08/01/16 thru 08/05/16 391,651.32$ Checks #97750 thru #97816 dated 08/09/16 thru 08/16/16 229,513.47$ Disbursements via debits to checking account dated 08/08/16 thru 08/12/16 3,605,286.03$ Total Accounts Payable 579,428.18$ Payroll Checks and Direct Deposits dated 08/12/16 1,476.53$ Payroll Deduction check # 99102289 thru # 99102292 dated 08/12/16 580,904.71$ Total Payroll 4,186,190.74$ 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 16, 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 61 of 164 Settlement Date Payee Description Amount 8/1/2016 MN State Treasurer Drivers License/Deputy Registrar 35,446.12 8/1/2016 US Bank VISA One Card*Purchasing card items 54,962.43 8/1/2016 Empower - State Plan Deferred Compensation 31,934.00 8/1/2016 Labor Unions Union Dues 1,362.59 8/1/2016 US Bank Debt Service payments 2,656,621.28 8/2/2016 MN State Treasurer Drivers License/Deputy Registrar 34,876.62 8/3/2016 MN State Treasurer Drivers License/Deputy Registrar 50,574.08 8/4/2016 MN State Treasurer Drivers License/Deputy Registrar 17,836.35 8/4/2016 Delta Dental Dental Premium 3,557.99 8/5/2016 MN State Treasurer Drivers License/Deputy Registrar 95,954.85 8/5/2016 MN Dept of Natural Resources DNR electronic licenses 493.50 8/5/2016 Optum Health DCRP & Flex plan payments 501.43 2,984,121.24 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 62 of 164 Transaction Date Posting Date Merchant Name Transaction Amount Name 07/07/2016 07/11/2016 MENARDS MAPLEWOOD MN $0.52 PAUL BARTZ 07/14/2016 07/18/2016 OFFICE DEPOT #1090 $78.48 REGAN BEGGS 07/15/2016 07/18/2016 OFFICE DEPOT #1090 $36.15 REGAN BEGGS 07/15/2016 07/18/2016 OFFICE DEPOT #1090 $8.82 REGAN BEGGS 07/15/2016 07/18/2016 OFFICE DEPOT #1090 $44.29 REGAN BEGGS 07/11/2016 07/12/2016 EXCLAIMER $350.00 CHAD BERGO 07/12/2016 07/13/2016 AUDIBLE $16.02 CHAD BERGO 07/13/2016 07/14/2016 IN *EASEL TRAINING INC $995.00 CHAD BERGO 07/21/2016 07/22/2016 GETTY IMAGES $99.00 CHAD BERGO 07/13/2016 07/13/2016 TI *TASER INTL $54.50 BRIAN BIERDEMAN 07/12/2016 07/13/2016 PCI*PATTERSON MEDICAL $171.77 OAKLEY BIESANZ 07/15/2016 07/18/2016 PETSMART INC 461 $29.32 OAKLEY BIESANZ 07/11/2016 07/12/2016 TARGET 00011858 $64.26 NEIL BRENEMAN 07/11/2016 07/12/2016 TOYS R US #6046 $53.55 NEIL BRENEMAN 07/14/2016 07/18/2016 DIAMOND VOGEL PAINT #807 $177.00 TROY BRINK 07/20/2016 07/22/2016 DIAMOND VOGEL PAINT #807 $366.75 TROY BRINK 07/12/2016 07/14/2016 OFFICEMAX/OFFICE DEPOT616 $10.70 DANIEL BUSACK 07/14/2016 07/15/2016 SUGAR LAKE LODGE $322.12 NICHOLAS CARVER 07/08/2016 07/11/2016 VIKING ELECTRIC-CREDIT DE $105.02 SCOTT CHRISTENSON 07/08/2016 07/11/2016 BREDEMUS HARDWARE CO INC $85.00 SCOTT CHRISTENSON 07/11/2016 07/12/2016 VIKING ELECTRIC-CREDIT DE $17.64 SCOTT CHRISTENSON 07/11/2016 07/13/2016 COMMERCIAL FURNITURE SERV $204.47 SCOTT CHRISTENSON 07/12/2016 07/13/2016 BEARING DIST*$222.65 SCOTT CHRISTENSON 07/12/2016 07/14/2016 MENARDS OAKDALE MN $24.84 SCOTT CHRISTENSON 07/13/2016 07/14/2016 G&K SERVICES AR $257.80 SCOTT CHRISTENSON 07/15/2016 07/18/2016 TWIN CITY FILTER SERVICE $69.88 SCOTT CHRISTENSON 07/15/2016 07/18/2016 TWIN CITY FILTER SERVICE $52.36 SCOTT CHRISTENSON 07/15/2016 07/18/2016 MUSKA ELECTRIC CO.$263.49 SCOTT CHRISTENSON 07/18/2016 07/20/2016 THE HOME DEPOT #2801 $28.94 SCOTT CHRISTENSON 07/12/2016 07/14/2016 VITAMINSHOPPE604 $10.70 KERRY CROTTY 07/08/2016 07/11/2016 FRATTALLONES WOODBURY AC $22.46 CHARLES DEAVER 07/13/2016 07/14/2016 G&K SERVICES AR $40.74 CHARLES DEAVER 07/20/2016 07/21/2016 DALCO ENTERPRISES $55.16 CHARLES DEAVER 07/08/2016 07/11/2016 THE HOME DEPOT 2801 $19.57 TOM DOUGLASS 07/12/2016 07/13/2016 BASKETBALL PRODUCTS INTL $176.10 TOM DOUGLASS 07/12/2016 07/13/2016 HENRIKSEN ACE HDWE $13.38 TOM DOUGLASS 07/12/2016 07/13/2016 HAWKINS INC $343.90 TOM DOUGLASS 07/12/2016 07/14/2016 THE HOME DEPOT 2801 $34.54 TOM DOUGLASS 07/13/2016 07/14/2016 G&K SERVICES AR $439.90 TOM DOUGLASS 07/13/2016 07/14/2016 MEI TOTAL ELEVATOR SOLUTI $621.85 TOM DOUGLASS 07/15/2016 07/18/2016 JOHNSON HLTH TECH-CRP $133.25 TOM DOUGLASS 07/20/2016 07/22/2016 JOHNSON HLTH TECH-CRP ($8.86)TOM DOUGLASS 07/20/2016 07/22/2016 THE HOME DEPOT #2801 $68.96 TOM DOUGLASS 07/13/2016 07/15/2016 MENARDS MAPLEWOOD MN $21.97 DOUG EDGE 07/11/2016 07/12/2016 JAMAR TECHNOLOGIES INC $294.48 ANDREW ENGSTROM 07/19/2016 07/20/2016 SPRINT AQUATICS $117.95 CHRISTINE EVANS 07/21/2016 07/21/2016 COMCAST CABLE COMM $84.28 CHRISTINE EVANS 07/18/2016 07/19/2016 CVS/PHARMACY #01751 $6.42 SHANN FINWALL 07/18/2016 07/20/2016 CARIBOU COFFEE CO # 155 $120.00 SHANN FINWALL 07/10/2016 07/11/2016 AT&T*BILL PAYMENT $37.26 MYCHAL FOWLDS 07/16/2016 07/18/2016 COMCAST CABLE COMM $4.51 MYCHAL FOWLDS 07/22/2016 07/22/2016 COMCAST CABLE COMM $68.95 MYCHAL FOWLDS 07/08/2016 07/11/2016 THE HOME DEPOT 2801 $38.50 NICK FRANZEN 07/08/2016 07/11/2016 IDU*INSIGHT PUBLIC SEC $2,194.98 NICK FRANZEN 07/17/2016 07/18/2016 HP DIRECT-PUBLICSECTOR $2,223.04 NICK FRANZEN G1, Attachments Packet Page Number 63 of 164 07/20/2016 07/20/2016 BRIGHTSIGN LLC $493.64 NICK FRANZEN 07/20/2016 07/21/2016 IDU*INSIGHT PUBLIC SEC $333.52 NICK FRANZEN 07/20/2016 07/22/2016 ZOHO CORPORATION $1,281.00 NICK FRANZEN 07/21/2016 07/22/2016 MEDIUS CISCO $199.99 NICK FRANZEN 07/22/2016 07/22/2016 BRIGHTSIGN LLC ($32.83)NICK FRANZEN 07/22/2016 07/22/2016 DRI*VMWARE $160.68 NICK FRANZEN 07/08/2016 07/11/2016 MENARDS OAKDALE MN $865.14 VIRGINIA GAYNOR 07/08/2016 07/11/2016 LANDSCAPE RESTORATION INC $165.00 CAROLE GERNES 07/08/2016 07/11/2016 BACHMAN'S INC. - MAPLEWO $64.24 CAROLE GERNES 07/13/2016 07/14/2016 MILLS FLEET FARM 2700 $29.99 CAROLE GERNES 07/14/2016 07/15/2016 SQ *KINNICKINNIC NA $109.00 CAROLE GERNES 07/12/2016 07/13/2016 GRANDMAS BAKERY INC $32.32 CHRISTINE GIBSON 07/19/2016 07/20/2016 GRANDMAS BAKERY INC $48.48 CHRISTINE GIBSON 07/18/2016 07/20/2016 THE HOME DEPOT #2801 $7.47 MARK HAAG 07/08/2016 07/11/2016 HENRIKSEN ACE HDWE $80.73 GARY HINNENKAMP 07/14/2016 07/15/2016 HENRIKSEN ACE HDWE $3.90 GARY HINNENKAMP 07/15/2016 07/18/2016 SITE ONE LANDSCAPES530 $124.17 GARY HINNENKAMP 07/18/2016 07/19/2016 SITE ONE LANDSCAPES530 $802.40 GARY HINNENKAMP 07/11/2016 07/12/2016 HENRIKSEN ACE HDWE $5.97 TIMOTHY HOFMEISTER 07/18/2016 07/19/2016 PANERA BREAD #1305 $43.90 TIMOTHY HOFMEISTER 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07/18/2016 N AMERICA RESCUE PRODUCT $69.90 MICHAEL MONDOR 07/19/2016 07/20/2016 AR 500 ARMOR $3,372.00 MICHAEL MONDOR 07/20/2016 07/22/2016 BOUND TREE MEDICAL LLC $1,451.47 MICHAEL MONDOR 07/07/2016 07/11/2016 MENARDS OAKDALE MN $8.83 JOHN NAUGHTON G1, Attachments Packet Page Number 64 of 164 07/19/2016 07/20/2016 SITE ONE LANDSCAPES530 $802.40 JOHN NAUGHTON 07/19/2016 07/20/2016 SITE ONE LANDSCAPES530 $802.40 JOHN NAUGHTON 07/07/2016 07/11/2016 EMERGENCY AUTOMOTIVE $16.24 STEVEN PRIEM 07/11/2016 07/12/2016 AUTO PLUS-LITTLE CANADA $87.07 STEVEN PRIEM 07/12/2016 07/13/2016 ZARNOTH BRUSH WORKS INC $458.00 STEVEN PRIEM 07/13/2016 07/14/2016 POMP'S TIRE #021 $688.06 STEVEN PRIEM 07/13/2016 07/14/2016 FACTORY MOTOR PARTS #19 $148.66 STEVEN PRIEM 07/14/2016 07/15/2016 AN FORD WHITE BEAR LAK $344.19 STEVEN PRIEM 07/14/2016 07/18/2016 FRONTIER INC $135.44 STEVEN PRIEM 07/14/2016 07/18/2016 LARSONS AUTOMOTIVE OF MAP $546.38 STEVEN PRIEM 07/15/2016 07/18/2016 TURFWERKS EAGAN $1,168.14 STEVEN 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$60.00 AUDRA ROBBINS 07/14/2016 07/15/2016 THE WORKS $636.00 AUDRA ROBBINS 07/18/2016 07/19/2016 TARGET 00006197 $20.56 AUDRA ROBBINS 07/20/2016 07/22/2016 408432 OAKDALE 20 $415.40 AUDRA ROBBINS 07/21/2016 07/22/2016 CUB FOODS #1599 $16.28 AUDRA ROBBINS 07/13/2016 07/14/2016 LILLIE SUBURBAN NEWSPAPER $1,827.00 DEB SCHMIDT 07/19/2016 07/20/2016 LILLIE SUBURBAN NEWSPAPER $353.50 DEB SCHMIDT 07/13/2016 07/14/2016 IN *ENCOMPASS TELEMATICS,$945.69 PAUL SCHNELL 07/16/2016 07/18/2016 STORCHAK CLEANERS $8.13 PAUL SCHNELL 07/16/2016 07/18/2016 STORCHAK CLEANERS $18.74 PAUL SCHNELL 07/16/2016 07/18/2016 STORCHAK CLEANERS $16.26 PAUL SCHNELL 07/08/2016 07/11/2016 ON SITE SANITATION INC $20.00 SCOTT SCHULTZ 07/08/2016 07/11/2016 FLEXIBLE PIPE TOOL COMPAN $225.00 SCOTT SCHULTZ 07/09/2016 07/11/2016 TRUGREEN LP *5635 $4,093.00 SCOTT SCHULTZ 07/12/2016 07/13/2016 FASTENAL COMPANY01 $243.99 SCOTT SCHULTZ 07/12/2016 07/13/2016 SITE ONE LANDSCAPES530 $197.66 SCOTT SCHULTZ 07/13/2016 07/14/2016 G&K 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#63 $3.49 KAREN WACHAL 07/08/2016 07/11/2016 OFFICE DEPOT #1090 $96.43 KAREN WACHAL 07/08/2016 07/11/2016 OFFICE DEPOT #1090 $50.09 KAREN WACHAL 07/11/2016 07/13/2016 OFFICE DEPOT #5910 $2.39 KAREN WACHAL 07/07/2016 07/11/2016 CASEYS GEN STORE 1116 $257.78 JEFF WILBER 07/15/2016 07/18/2016 TRI-STATE BOBCAT $220.00 JEFF WILBER 07/15/2016 07/18/2016 HEJNY RENTAL INC $253.62 JEFF WILBER 07/08/2016 07/11/2016 HILLAS PACKAGING LTD $66.48 TAMMY WYLIE 07/13/2016 07/15/2016 TRI TECH FORENSICS $245.50 TAMMY WYLIE 07/20/2016 07/21/2016 DALCO ENTERPRISES ($211.75)SUSAN ZWIEG $54,962.43 G1, Attachments Packet Page Number 66 of 164 Check Description Amount 97750 01111 11 POLICE/FIRE RADIOS 29,624.38 97751 05324 RETAINER FEE - JULY 500.00 97752 05234 CAR WASHES - MAY-AUG 291.75 97753 05114 GIS ASSSISTANCE - NEW PROJECTS 3,591.50 05114 GIS ASSSISTANCE - NEW PROJECTS 976.50 05114 PROJ 14-02 CNTY RD B TRAIL IMPRV 603.00 97754 00283 CEU FIREFIGHTER PROGRAM 2016 2,175.00 97755 05028 CITY HALL SOLAR SYSTEM LEASE-AUG 397.00 05028 MCC SOLAR SYSTEM LEASE - AUG 369.00 97756 00585 NET BILLABLE TICKETS - JULY 687.15 97757 00393 MONTHLY SURTAX - JULY 25382123035 1,738.28 97758 05353 CONTRACT DIESEL - JULY 5,855.64 97759 05311 SOFTBALL UMPIRES 8/1 - 8/4 636.00 05311 SOFTBALL UMPIRES 7/25 - 7/31 609.50 97760 04845 RECYCLING FEE - JUNE 42,831.25 04845 RECYCLING FEE - JULY 42,831.25 97761 04192 EMS BILLING - JULY 4,140.00 97762 00001 C VUKICH - PAYROLL CORRECTION 306.42 97763 02464 FUNDS FOR CITY HALL ATM 10,000.00 97764 05385 ONLINE EMS PROTOCOL AP 9/16-8/17 1,500.00 97765 01811 MDSE FOR RESALE 324.00 97766 00230 RIP RAP ROCK FOR RAINGARDENS 66.25 97767 05369 CLEANING SUPPLIES - CITY HALL 117.93 97768 00309 PROJ 13-10 BITUMINOUS PLANT INSP 184.05 97769 05605 ESCROW RELEASE 1870 E SHORE DR N 600.00 97770 05239 SCREENER RENTAL & TRAN SWEEPINGS 4,550.00 97771 03311 POLICE DEPT SQUAD PC'S 7,067.37 97772 00462 REPAIR TO TORNADO SIREN #4 100.00 97773 00003 ESCROW REL VOSS 1265 FROST AVE E 600.00 97774 00003 ESCROW RELEASE S HAMPTON CO 332.98 97775 00003 ESCROW MN WOMEN'S CARE 2603 WBA 300.00 97776 00531 CONCRETE DISPOSAL-S SEWER REPAIR 100.00 97777 00487 ESCROW RELEASE 2001 BEAM AVE E 5,040.00 97778 05668 TAC TEC PLATE CARRIER 2,583.00 97779 04846 MEDICAL SUPPLIES 698.55 97780 05055 MEDICAL DIRECTION - JULY-SEPT 2015 2,250.00 05055 MEDICAL DIRECTION - OCT-DEC 2015 2,250.00 05055 MEDICAL DIRECTION - JAN-MARCH 2016 2,250.00 05055 MEDICAL DIRECTION - APRIL-JUNE 2016 2,250.00 97781 00755 TFT MONITOR 3,208.92 97782 05030 EQUIP LEASE - MCC - PMT#49 4,344.07 97783 05598 PROSECUTION SERVICES - JULY 11,250.00 97784 00827 CLAIM DEDUCTIBLE C0024252 (13/14)3,053.53 00827 CLAIM DEDUCTIBLE C0025809 (13/14)3,053.53 97785 04900 CEILING DRAPING FOR MCC AUG 6 600.00 97786 04584 POLICY MANUAL UPDATE 5,929.00 97787 00942 JANITORIAL SERVICES - AUGUST 2,887.00 97788 04318 DISPOSAL OF "CLEAN" SWEEPINGS 568.00 97789 05364 ACUPUNCTURE SESSIONS JULY 1,278.00 97790 05633 HOME ENERGY AUDIT-TEAM CHALLENGE 120.00 97791 01175 FIBER MAINT ON RUN TO S FIRE STATION 4,409.46 97792 04807 2016 MACK GU712 AF SINGLE AXLE TRUCK 91,038.78 97793 00001 REIMB W SACHI SPRINKLER SYS REPAIR 770.00 97794 00001 REFUND S HUMAGAI DAMAGE DEPOSIT 250.00 97795 00001 REFUND J OCH - HP BENEFITS 215.19 08/16/2016 FRA-DOR INC. 08/16/2016 FRATTALONE COMPANIES INC. 08/16/2016 08/16/2016 MN DEPT OF LABOR & INDUSTRY 08/16/2016 MANSFIELD OIL CO 08/16/2016 WILLIE MCCRAY 08/16/2016 WILLIE MCCRAY 08/16/2016 TENNIS SANITATION LLC 08/16/2016 TENNIS SANITATION LLC 08/16/2016 DELL MARKETING LP 08/16/2016 EMBEDDED SYSTEMS, INC. 08/16/2016 ESCROW REFUND 08/16/2016 ESCROW REFUND 08/16/2016 ESCROW REFUND NEIGHBORHOOD ENERGY CONNECTION 08/16/2016 CITY OF NORTH ST PAUL 08/16/2016 NUSS TRUCK & EQUIPMENT 08/16/2016 L M C I T 08/16/2016 LASTING IMPRESSIONS BY AMY LLC 08/16/2016 LEXIPOL LLC 08/16/2016 MARSDEN BLDG MAINTENANCE CO GUARDIAN SUPPLY 08/16/2016 HEALTHEAST 08/16/2016 HEALTHEAST 08/16/2016 HEALTHEAST 08/16/2016 08/16/2016 BOLER EXPRESS CAR WASH 08/16/2016 BOLTON & MENK, INC. 08/16/2016 BOLTON & MENK, INC. 08/16/2016 08/16/2016 ONE TIME VENDOR 08/16/2016 ONE TIME VENDOR 08/16/2016 ONE TIME VENDOR 08/16/2016 MILLER EXCAVATING, INC. 08/16/2016 CRYSTALIN MONTGOMERY 08/16/2016 Check Register City of Maplewood 08/11/2016 Date Vendor 08/09/2016 MOTOROLA, INC 08/16/2016 CHRISTIE BERNARDY BOLTON & MENK, INC. 08/16/2016 CENTURY COLLEGE 08/16/2016 ENERGY ALTERNATIVES SOLAR, LLC 08/16/2016 ENERGY ALTERNATIVES SOLAR, LLC 08/16/2016 GOPHER STATE ONE-CALL 08/16/2016 TRANS-MEDIC 08/12/2016 ONE TIME VENDOR 08/12/2016 US BANK 08/16/2016 ACID REMAP LLC 08/16/2016 BERNATELLO'S PIZZA 08/16/2016 BRYAN ROCK PRODUCTS, INC. 08/16/2016 CINTAS CORPORATION #470 08/16/2016 COMMISSIONER OF TRANSPORTATION 08/16/2016 COVENTRY SENIOR LIVING 08/16/2016 DAKOTA WOOD - GRINDING INC. HEALTHEAST 08/16/2016 HEALTHEAST 08/16/2016 JEFFERSON FIRE & SAFETY INC 08/16/2016 KANSAS STATE BANK OF MANHATTAN 08/16/2016 KELLY & LEMMONS, P.A. 08/16/2016 L M C I T G1, Attachments Packet Page Number 67 of 164 97796 00001 REFUND L HASELMAN HP & MEDICA 200.00 97797 00001 REFUND M SCHULTZ - HP BENEFITS 193.22 97798 00001 REFUND R FOFANAH MVP CAMP 160.00 97799 00001 REFUND J WEISZ - MEDICA BENEFITS 60.00 97800 00001 REFUND D ZIEMAN - BCBS BENEFITS 40.00 97801 05103 PHYSICAL & MEDICAL EVALUATION 5,705.00 97802 03151 REPLENISH PETTY CASH 106.97 97803 02008 EMERGENCY VEH PRE-EMPTION SRVS 445.33 02008 LAMPING SRVS 120/CONWAY JAN-JUNE 159.06 02008 LAMPING SVC 120/HARVESTOR JAN-JUNE 34.20 97804 03446 DEER PICK UP - JULY 290.00 97805 01413 CONSULTANT FEE 09/2016 - 08/2017 9,410.52 97806 04130 QUARTERLY MAINT - 1902 PW 8/1-10/31 699.42 97807 01434 BANNER FOR FIRE DEPT 60.00 97808 05265 DISPOSAL "CONTAMINATED" SWEEPINGS 2,980.93 97809 00198 WATER UTILITY 7,268.21 97810 01550 ELECTRICAL INSPECTIONS - JULY 6,399.60 97811 05528 CONTRACT 7950665-003 429.29 05528 CONTRACT 7950665-005 375.36 05528 CONTRACT 7950665-011 357.53 05528 CONTRACT 7950665-002 262.26 05528 CONTRACT 7950665-001 257.81 05528 CONTRACT 7950665-004 238.41 05528 CONTRACT 7950665-013 180.37 05528 CONTRACT 7950665-012 112.98 05528 CONTRACT 7950665-010 92.03 97812 01683 BADGES 288.00 97813 02464 PAYING AGENT FEES 450.00 02464 PAYING AGENT FEES 450.00 02464 PAYING AGENT FEES 450.00 02464 PAYING AGENT FEES 450.00 02464 PAYING AGENT FEES 425.00 97814 00063 MONTHLY PMT 06/17 - 07/16 7,621.59 97815 04179 PROGRAM DISPLAY SIGN MCC - JULY 325.00 97816 05578 ARTIST KID CITY & LAUGHTER KIOSK 30,370.00 391,651.32 08/16/2016 SKB ENVIRONMENTAL 08/16/2016 ONE TIME VENDOR 08/16/2016 ONE TIME VENDOR RAMSEY COUNTY PUBLIC WORKS 08/16/2016 RICK JOHNSON DEER & BEAVER INC 08/16/2016 SAFEASSURE CONSULTANTS INC. 08/16/2016 SCHINDLER ELEVATOR CORP 08/16/2016 ONE TIME VENDOR 08/16/2016 ONE TIME VENDOR 08/16/2016 ONE TIME VENDOR 08/16/2016 PERFORMANCE PLUS LLC 08/16/2016 PETTY CASH 08/16/2016 RAMSEY COUNTY PUBLIC WORKS 08/16/2016 RAMSEY COUNTY PUBLIC WORKS 08/16/2016 SCREEN TECH 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 ST PAUL REGIONAL WATER SRVS 08/16/2016 SUMMIT INSPECTIONS 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 TOSHIBA FINANCIAL SERVICES (2) 08/16/2016 UNIFORMS UNLIMITED INC 08/16/2016 US BANK 08/16/2016 US BANK 08/16/2016 Z PUPPETS ROSENSCHNOZ 67 Checks in this report. 08/16/2016 US BANK 08/16/2016 US BANK 08/16/2016 US BANK 08/16/2016 VERIZON WIRELESS 08/16/2016 VISUAL IMAGE PROMOTIONS G1, Attachments Packet Page Number 68 of 164 Settlement Date Payee Description Amount 8/8/2016 MN State Treasurer Drivers License/Deputy Registrar 54,546.92 8/9/2016 MN State Treasurer Drivers License/Deputy Registrar 34,649.18 8/10/2016 MN State Treasurer Drivers License/Deputy Registrar 79,276.77 8/10/2016 Pitney Bowes Postage 2,985.00 8/10/2016 Delta Dental Dental Premium 2,877.70 8/11/2016 MN State Treasurer Drivers License/Deputy Registrar 13,960.50 8/12/2016 MN State Treasurer Drivers License/Deputy Registrar 35,599.39 8/12/2016 MN Dept of Natural Resources DNR electronic licenses 646.50 8/12/2016 Optum Health DCRP & Flex plan payments 1,466.51 8/12/2016 ICMA (Vantagepointe)Deferred Compensation 3,505.00 229,513.47 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 69 of 164 CHECK #CHECK EMPLO 20.00 08/12/16 JUENEMANN, KATHLEEN 456.30 08/12/16 SLAWIK, NORA 518.43 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversio 08/12/16 OSWALD, BRENDA 2,103.66 08/12/16 PAULSETH, ELLEN 4,622.35 08/12/16 KELSEY, CONNIE 578.00 08/12/16 SCHMIDT, DEBORAH 3,313.33 08/12/16 BEGGS, REGAN 1,892.00 08/12/16 HAAG, KAREN 4,954.55 08/12/16 LARSON, MICHELLE 2,062.60 08/12/16 MECHELKE, SHERRIE 1,237.55 08/12/16 SPANGLER, EDNA 790.50 08/12/16 CRAWFORD, LEIGH 1,983.39 08/12/16 RICHTER, CHARLENE 1,575.63 08/12/16 VITT, SANDRA 1,156.43 08/12/16 MOY, PAMELA 1,651.91 08/12/16 OSTER, ANDREA 2,069.51 08/12/16 MAHRE, GERALDINE 138.00 08/12/16 THOMALLA, CAROL 1,096.50 08/12/16 WEAVER, KRISTINE 2,559.29 08/12/16 JAGOE, CAROL 114.00 08/12/16 SCHNELL, PAUL 5,301.51 08/12/16 SHEA, STEPHANIE 1,625.79 08/12/16 CORCORAN, THERESA 2,064.89 08/12/16 KVAM, DAVID 4,595.82 08/12/16 WELCHLIN, KATHLEEN 480.25 08/12/16 WYLIE, TAMMY 1,908.19 08/12/16 SHEPPERD, FAITH 1,087.07 08/12/16 SHORTREED, MICHAEL 4,487.24 08/12/16 BAKKE, LONN 3,425.78 08/12/16 BARTZ, PAUL 3,687.35 08/12/16 ABEL, CLINT 3,281.45 08/12/16 ALDRIDGE, MARK 4,411.22 08/12/16 BIERDEMAN, BRIAN 3,627.65 08/12/16 BUSACK, DANIEL 3,895.57 08/12/16 BELDE, STANLEY 3,454.97 08/12/16 BENJAMIN, MARKESE 3,129.34 456.30 08/12/16 XIONG, TOU 456.30 08/12/16 JAHN, DAVID 2,459.39 08/12/16 RAMEAUX, THERESE 3,348.86 08/12/16 KNUTSON, LOIS 2,553.99 08/12/16 CHRISTENSON, SCOTT 2,185.79 AMOUNT 08/12/16 ABRAMS, MARYLEE 456.30 08/12/16 RUEB, JOSEPH 3,355.40 08/12/16 ARNOLD, AJLA 1,961.23 08/12/16 ANDERSON, CAROLE 1,276.88 08/12/16 DEBILZAN, JUDY 2,304.99 08/12/16 COLEMAN, MELINDA 6,470.77 08/12/16 FUNK, MICHAEL 5,335.30 08/12/16 SMITH, BRYAN G1, Attachments Packet Page Number 70 of 164 460.59 280.00 14,312.95 08/12/16 DEMULLING, JOSEPH 3,878.91 08/12/16 DUGAS, MICHAEL 4,813.43 08/12/16 CARNES, JOHN 3,291.46 08/12/16 CROTTY, KERRY 4,208.81 08/12/16 FORSYTHE, MARCUS 3,743.40 08/12/16 FRITZE, DEREK 3,547.14 08/12/16 ERICKSON, VIRGINIA 3,402.13 08/12/16 FISHER, CASSANDRA 1,615.39 08/12/16 HER, PHENG 4,109.05 08/12/16 HIEBERT, STEVEN 3,709.97 08/12/16 GABRIEL, ANTHONY 5,399.33 08/12/16 HAWKINSON JR, TIMOTHY 3,510.82 08/12/16 JAMES JR, JUSTIN 253.75 08/12/16 JOHNSON, KEVIN 4,297.10 08/12/16 HOEMKE, MICHAEL 349.35 08/12/16 HOFMEISTER, TIMOTHY 496.00 08/12/16 KROLL, BRETT 3,208.10 08/12/16 LANDEROS CRUZ, JESSICA 478.50 08/12/16 KONG, TOMMY 3,502.25 08/12/16 KREKELER, NICHOLAS 1,085.64 08/12/16 LYNCH, KATHERINE 3,065.68 08/12/16 MARINO, JASON 4,075.65 08/12/16 LANGNER, SCOTT 3,193.20 08/12/16 LANGNER, TODD 3,936.16 08/12/16 MICHELETTI, BRIAN 3,648.15 08/12/16 MULVIHILL, MARIA 2,692.85 08/12/16 MCCARTY, GLEN 3,724.68 08/12/16 METRY, ALESIA 4,634.54 08/12/16 OLSON, JULIE 3,425.78 08/12/16 PARKER, JAMES 3,700.47 08/12/16 NYE, MICHAEL 4,530.77 08/12/16 OLDING, PARKER 3,893.10 08/12/16 SCHOEN, ZACHARY 3,023.69 08/12/16 SLATER, BENJAMIN 4,199.45 08/12/16 PETERSON, JARED 3,020.46 08/12/16 REZNY, BRADLEY 3,791.15 08/12/16 SYPNIEWSKI, WILLIAM 5,239.29 08/12/16 TAUZELL, BRIAN 3,848.33 08/12/16 STARKEY, ROBERT 2,087.70 08/12/16 STEINER, JOSEPH 3,454.89 08/12/16 VANG, PAM 2,538.28 08/12/16 WENZEL, JAY 3,457.94 08/12/16 THEISEN, PAUL 17,506.15 08/12/16 THIENES, PAUL 4,636.77 08/12/16 ANDERSON, BRIAN 314.88 08/12/16 ATWATER, ANDREW 314.88 08/12/16 XIONG, KAO 3,252.03 08/12/16 ZAPPA, ANDREW 2,759.19 08/12/16 BAUMAN, ANDREW 2,886.45 08/12/16 BEITLER, NATHAN 262.40 08/12/16 BAHL, DAVID 332.79 08/12/16 BASSETT, BRENT 314.88 08/12/16 CAPISTRANT, JOHN 459.02 08/12/16 COREY, ROBERT 514.96 08/12/16 BOURQUIN, RON 419.76 08/12/16 CAPISTRANT, JACOB 157.44 08/12/16 DABRUZZI, THOMAS 3,024.31 08/12/16 CRAWFORD - JR, RAYMOND 2,663.24 08/12/16 CRUMMY, CHARLES 52.48 G1, Attachments Packet Page Number 71 of 164 5,481.87 08/12/16 DAWSON, RICHARD 3,641.63 08/12/16 HALWEG, JODI 3,081.33 08/12/16 HAWTHORNE, ROCHELLE 3,018.52 08/12/16 EVERSON, PAUL 3,383.25 08/12/16 HAGEN, MICHAEL 842.96 08/12/16 JANSEN, CHAD 314.88 08/12/16 KANE, ROBERT 994.55 08/12/16 HUTCHINSON, JAMES 367.22 08/12/16 IMM, TRACY 65.60 08/12/16 KONDER, RONALD 800.32 08/12/16 KUBAT, ERIC 2,955.37 08/12/16 KARRAS, JAMIE 410.00 08/12/16 KERSKA, JOSEPH 629.76 08/12/16 LOCHEN, MICHAEL 629.64 08/12/16 MONDOR, MICHAEL 4,436.69 08/12/16 LANDER, CHARLES 2,492.65 08/12/16 LINDER, TIMOTHY 3,651.57 08/12/16 NIELSEN, KENNETH 734.44 08/12/16 NOVAK, JEROME 3,283.03 08/12/16 MORGAN, JEFFERY 284.20 08/12/16 NEILY, STEVEN 465.76 08/12/16 OPHEIM, JOHN 550.83 08/12/16 PACHECO, ALPHONSE 403.44 08/12/16 NOWICKI, PAUL 209.92 08/12/16 O'GARA, GEORGE 446.08 08/12/16 RAINEY, JAMES 970.88 08/12/16 RANGEL, DERRICK 314.88 08/12/16 PETERSON, ROBERT 3,157.98 08/12/16 POWERS, KENNETH 4,207.39 08/12/16 SEDLACEK, JEFFREY 2,975.01 08/12/16 STREFF, MICHAEL 2,975.01 08/12/16 RODRIGUEZ, ROBERTO 2,593.61 08/12/16 SAUERWEIN, ADAM 472.32 08/12/16 GERVAIS-JR, CLARENCE 4,324.94 08/12/16 LO, CHING 1,843.40 08/12/16 SVENDSEN, RONALD 3,699.97 08/12/16 TROXEL, REID 872.48 08/12/16 CORTESI, LUANNE 2,062.61 08/12/16 SINDT, ANDREA 2,909.17 08/12/16 LUKIN, STEVEN 5,038.21 08/12/16 ZWIEG, SUSAN 6,265.20 08/12/16 EDGE, DOUGLAS 2,341.90 08/12/16 JONES, DONALD 2,349.59 08/12/16 BRINK, TROY 2,584.49 08/12/16 BUCKLEY, BRENT 2,195.66 08/12/16 OSWALD, ERICK 2,491.30 08/12/16 RUIZ, RICARDO 2,034.49 08/12/16 MEISSNER, BRENT 2,347.29 08/12/16 NAGEL, BRYAN 3,926.20 08/12/16 BURLINGAME, NATHAN 2,638.40 08/12/16 DUCHARME, JOHN 2,975.11 08/12/16 RUNNING, ROBERT 2,865.99 08/12/16 TEVLIN, TODD 2,349.59 08/12/16 LINDBLOM, RANDAL 2,975.11 08/12/16 LOVE, STEVEN 4,208.69 08/12/16 ENGSTROM, ANDREW 3,268.82 08/12/16 JAROSCH, JONATHAN 3,420.19 08/12/16 THOMPSON, MICHAEL 5,427.34 08/12/16 ZIEMAN, SCOTT 832.00 G1, Attachments Packet Page Number 72 of 164 -40.00 135.63 08/12/16 JANASZAK, MEGHAN 2,085.79 08/12/16 KONEWKO, DUWAYNE 5,192.56 08/12/16 HAYS, TAMARA 2,034.49 08/12/16 HINNENKAMP, GARY 2,585.06 08/12/16 XIONG, BRANICA 957.00 08/12/16 HAMRE, MILES 1,981.60 08/12/16 ORE, JORDAN 2,034.49 08/12/16 RANWEILER, GABRIEL 900.00 08/12/16 NAUGHTON, JOHN 2,486.19 08/12/16 NORDQUIST, RICHARD 2,462.35 08/12/16 DEAVER, CHARLES 857.01 08/12/16 GERNES, CAROLE 1,350.03 08/12/16 SALCHOW, CONNOR 900.00 08/12/16 BIESANZ, OAKLEY 1,696.03 08/12/16 SOUTTER, CHRISTINE 650.00 08/12/16 WACHAL, KAREN 1,028.94 08/12/16 HER, KONNIE 908.00 08/12/16 HUTCHINSON, ANN 2,901.98 08/12/16 JOHNSON, ELIZABETH 1,704.19 08/12/16 KROLL, LISA 2,064.89 08/12/16 WOLFE, KAYLA 432.00 08/12/16 GAYNOR, VIRGINIA 3,547.91 08/12/16 MARTIN, MICHAEL 3,840.53 08/12/16 BRASH, JASON 2,970.09 08/12/16 RINEAR, STACY 975.47 08/12/16 FINWALL, SHANN 3,590.59 08/12/16 SWANSON, CHRIS 2,088.19 08/12/16 WEIDNER, JAMES 1,760.00 08/12/16 CARVER, NICHOLAS 4,563.07 08/12/16 SWAN, DAVID 2,999.39 08/12/16 BRENEMAN, NEIL 2,584.55 08/12/16 CHRISTOPHER, EMMA 456.00 08/12/16 WELLENS, MOLLY 1,899.68 08/12/16 BJORK, BRANDON 895.38 08/12/16 KONEWKO, QUINN 612.75 08/12/16 LARSON, KATELYN 346.13 08/12/16 HILDEBRANDT, ADAM 28.00 08/12/16 JACOBS, ROCHELLE 330.00 08/12/16 PHENGPHAENG, MAICHOUA 70.00 08/12/16 PHENGPHAENG, RICKY 47.50 08/12/16 LARSON, MARIAH 674.50 08/12/16 MOUA, CHEE 60.00 08/12/16 ROBBINS, CAMDEN 350.75 08/12/16 RYCHLICKI, NICHOLE 538.13 08/12/16 PIEPER, THEODORE 60.00 08/12/16 ROBBINS, AUDRA 3,641.26 08/12/16 TAYLOR, JAMES 3,641.25 08/12/16 VUKICH, CANDACE 410.00 08/12/16 SIEVERT, ALEXIS 702.00 08/12/16 SLAWIK, VICTORIA 234.00 08/12/16 HAAG, MARK 2,896.43 08/12/16 JENSEN, JOSEPH 1,941.69 08/12/16 XIONG, YIA 60.00 08/12/16 ADAMS, DAVID 2,274.41 08/12/16 BIDWELL JR, GEORGE 31.50 08/12/16 DIONNE, ANN 564.00 08/12/16 SCHULTZ, SCOTT 3,933.65 08/12/16 WILBER, JEFFREY 1,924.19 08/12/16 EBERHARDT, AUSTEN 265.00 G1, Attachments Packet Page Number 73 of 164 08/12/16 FINNEY, LINDA 241.50 08/12/16 GIBSON, CHRISTINE 2,103.46 08/12/16 EVANS, CHRISTINE 2,195.52 08/12/16 KRECH, TRAVIS 327.75 08/12/16 NEDEAU, NICOLE 248.89 08/12/16 HENDRICKS, JENNIFER 1,204.67 08/12/16 HOFMEISTER, MARY 1,263.13 08/12/16 SEMONICK, MARJORIE 367.50 08/12/16 SKRYPEK, JOSHUA 501.00 08/12/16 O'CONNER, TERRINA 1,076.65 08/12/16 RUZICHKA, JANICE 321.89 08/12/16 WISTL, MOLLY 300.75 08/12/16 BASSETT, ANDREA 121.50 08/12/16 ST SAUVER, CRAIG 766.97 08/12/16 TRIANA, YADIRA 300.00 08/12/16 BUCKLEY, BRITTANY 226.19 08/12/16 BUTLER, ANGELA 27.38 08/12/16 BEAR, AMANDA 21.00 08/12/16 BESTER, MICHAEL 52.32 08/12/16 ERICKSON-CLARK, CAROL 18.75 08/12/16 GARTNER, DARYL 76.50 08/12/16 CURLEY, ELAINE 30.00 08/12/16 DEMPSEY, BETH 242.26 08/12/16 GUSTAFSON, BRENDA 101.00 08/12/16 HANDRAHAN, AMANDA 34.00 08/12/16 GREGG, PETER 141.00 08/12/16 GRUENHAGEN, LINDA 801.59 08/12/16 JOHNSON, BARBARA 306.05 08/12/16 LAMSON, ELIANA 13.69 08/12/16 HANSON, REBECCA 18.00 08/12/16 HOLMBERG, LADONNA 112.76 08/12/16 TRUONG, CHAU 182.00 08/12/16 TUPY, MARCUS 96.00 08/12/16 BUTLER-MILLER, JADE 66.51 08/12/16 YANG, JUDY 176.00 08/12/16 ZIMMERMAN, JANE 188.13 08/12/16 WAGNER, JODY 142.00 08/12/16 WAKEM, CAITLYN 72.00 08/12/16 CARTER, PRECIOUS 220.50 08/12/16 MCGUIRE, FREEDA 139.76 08/12/16 VANG, VICHAI 255.00 08/12/16 HER, ONG 35.00 08/12/16 LANGER, CHELSEA 160.13 08/12/16 ELLISON, LELIA 125.00 08/12/16 GRACE, EMILY 315.03 08/12/16 CHRISTAL, JENNIFER 170.50 08/12/16 CUMMINGS, KYRAYA 36.75 08/12/16 RESENDIZ, LORI 2,865.64 08/12/16 RICHTER, DANIEL 114.90 08/12/16 OHS, CYNTHIA 145.32 08/12/16 RANEY, COURTNEY 08/12/16 SMITLEY, SHARON 248.42 08/12/16 TREPANIER, TODD 273.20 08/12/16 ROMERO, JENNIFER 47.00 08/12/16 SCHREIER, ROSEMARIE 96.76 804.89 08/12/16 MUSKAT, JULIE 108.38 08/12/16 NITZ, CARA 283.29 08/12/16 MCKILLOP, AMANDA 148.12 08/12/16 MILAN, COLIN 84.00 G1, Attachments Packet Page Number 74 of 164 99102287 99102288 08/12/16 DOUGLASS, TOM 2,156.89 08/12/16 FOWLDS, MYCHAL 4,378.15 08/12/16 FRANZEN, NICHOLAS 3,407.49 08/12/16 HEINTZ, JOSHUA 239.88 08/12/16 KRECH, ELAINE 745.25 08/12/16 CRAWFORD, SHAWN 743.64 08/12/16 SMITH, JEROME 196.00 579,428.18 08/12/16 RENNER, MICHAEL 2,106.30 08/12/16 KRUEGER, SCOTT 19.00 08/12/16 XIONG, BOON 2,026.10 08/12/16 BERGO, CHAD 3,437.34 08/12/16 PRIEM, STEVEN 2,638.39 08/12/16 WOEHRLE, MATTHEW 2,569.58 08/12/16 HARRER, NATALIE 1,520.00 08/12/16 SCHILTZ, STEFAN 186.00 08/12/16 TRAUTMAN, JACOB 649.47 08/12/16 COUNTRYMAN, BRENDA 1,680.00 08/12/16 REILLY, MICHAEL 2,101.69 08/12/16 STEFFEN, MICHAEL 114.00 08/12/16 MALONEY, SHAUNA 279.50 08/12/16 PRINS, KELLY 2,126.27 G1, Attachments Packet Page Number 75 of 164 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: August 12, 2016 SUBJECT: Approval of a Temporary Lawful Gambling – Local Permit for the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard St Introduction An application for a temporary Lawful Gambling – Local permit has been submitted by Mary Woida on behalf of the Church of the Presentation of the Blessed Virgin Mary. The permit will be used at the church’s annual Mini-Cad fundraiser, held at Gulden’s 61 Restaurant, 2999 Highway 61 N on Monday, October 3, 2016. Recommendation Staff recommends that Council approve the temporary Lawful Gambling – Local permit for the Church of the Presentation of the Blessed Virgin Mary’s Mini-Cad on October 3, 2016 at Gulden’s 61 Restaurant, 2999 Highway 61 N, Maplewood. Packet Page Number 76 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steven Love, City Engineer / Deputy Public Works Director DATE: August 11, 2016 SUBJECT: Approval of Public Utility Easement Over City Owned Land Introduction The City Council will consider approving the attached public utility easement which retains rights for public utilities over a portion of vacated Sterling Street owned by the City. Background/Discussion On February 22, 1988 the City Council approved the preliminary plat of Maplewood Highlands Addition west of the ski jump property. The council also approved the vacation of Sterling Street lying north of Schadt Drive. The east half of the right-of-way went to the ski jump property and the west half was incorporated into the Maplewood Highlands Addition plat. No easements were retained as part of the vacation. On September 12, 1988 the City Council approved the final plat of Maplewood Highlands Addition. As a condition of the final plat 12 feet of the vacated right-of-way was required to be platted as Outlot A and ownership was transferred to the ski jump property. The ski jump property has a driveway that lies within Outlot A and the right-of-way that went to the ski jump property. On September 23, 1991 the City Council approved a lot division request for the ski jump property. As a condition of the lot split the ski jump property was required to transfer ownership of Outlot A and that part of the vacated Sterling Street right-of-way that went to ski jump property. This was done to ensure the City had access to public stormwater ponds north of the ski jump. Xcel Energy currently owns and operates overhead power lines within the vacated Sterling Street right- of-way owned by the City which serve the ski jump property. A public utility easement is proposed over the City owned property to allow utilities, such as Xcel, to continue to serve the ski jump property. Please refer to Attachment 1 for the public utility easement document requested for official approval. Budget There is no budget impact. Recommendation It is recommended that the City Council approve the attached public utility easement and authorize the Mayor and City Manager to sign said public utility easement signifying City Council approval. Attachments 1. Public Utility Easement G3 Packet Page Number 77 of 164 Property Recorded as: □ Torrens □ Abstract PUBLIC UTILITY EASEMENT THIS INDENTURE, made this_________ day of________________, 2016, by City of Maplewood, Minnesota, Ramsey County, a Minnesota Municipal Corporation, Declarant. WHEREAS, Declarant is the owner of the certain real property situated in the County of Ramsey, State of Minnesota, including property to which it hereby declares and reserves the following perpetual public easement for utility purposes described as follows: Permanent Public Utility Easement: A permanent easement for public utility purposes over, under, and across the south 300.00 feet of the following described property: Outlot A, MAPLEWOOD HIGHLANDS, according to the recorded plat thereof, Ramsey County, Minnesota. And, The east one-half of the Sterling Street right-of-way that is located in the south half of Section 13, Township 28, Range 22, which is south of the south line of the following described property and south of the easterly extension of the south line: The north 487.99 MDL feet of the SW 1/4 of the SE 1/4 of Section 13, Township 28, Range 22. PIN 13-28-22-34-0051 WHEREAS, the Declarant intends to preserve said public utility easement for the existing and future utilities; and WHEREAS, Which easement shall include the perpetual right of the Declarant to freely enter upon, over, across, through and under the real estate designated as the Permanent Public Utility Easement as described above and depicted by drawing on Exhibit “A” and at any time the Declarant may see fit, for the purpose of constructing, reconstructing, operating, maintaining, and/or repairing said utility appurtenances; including but not limited to boulevards, pipes, signage, utility structures, excavations, embankments, equipment, poles, and any other items related to utility functions. WHEREAS, in order to provide for utility infrastructure through said property, the Declarant desires to create an easement and provide for ingress and egress for installation and maintenance of utility infrastructure; NOW, THEREFORE, the Declarant hereby declares and preserves the nonexclusive permanent public easement for utility purposes and ingress and egress over and across said property and legally described in above and illustrated in Exhibit “A”, each attached hereto. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances there unto belonging, or in anyway appertaining, to the Declarant, its successors and assigns forever. No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required. Certificate of Real Estate Value No. ________ _______________________, 2016 _________________________________ County Auditor By_______________________________ Deputy (Reserved for recording data) G3, Attachment 1 Packet Page Number 78 of 164 IN WITNESS WHEREOF, the undersigned has executed this Declaration on the day and year first written on previous page. CITY OF MAPLEWOOD By:____________________________________ Exempt from Deed Tax per MSA 287.22F Its:____________________________________ STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) This instrument was acknowledged before me on this _____ day of , 2016, by _________________ the __________________________ of the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota. Notarial Stamp or Seal Signature of person taking acknowledgment CITY OF MAPLEWOOD By:____________________________________ Its:____________________________________ STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) This instrument was acknowledged before me on this _____ day of , 2016, by _________________ the __________________________ of the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota. Notarial Stamp or Seal Signature of person taking acknowledgment RETURN TO: Public Works Department 1902 County Road B East Maplewood Minnesota 55109 Document prepared by: Steven W. Love Maplewood Public Works 1902 County Road B East Maplewood, Minnesota 55109 Tax statements for the real property described in this instrument should be sent to: City of Maplewood 1830 County Rd B East Maplewood, MN 55109-2702 G3, Attachment 1 Packet Page Number 79 of 164 G3, Attachment 1 Packet Page Number 80 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works Bryan Nagel, Street Superintendent DATE: August 16, 2016 SUBJECT: Approval Authorizing Additional Purchase of Bituminous Materials Introduction The council will consider authorizing additional purchase of bituminous materials with T.A. Schifsky and Sons Inc. Background/Discussion On March 14, 2016 the City Council approved the purchase of bituminous materials from T.A. Schifsky and Sons Inc. in the amount of $55,000 for patching, paving, and curb repairs. These funds already within the approved 2016 budget approval will be exhausted by the end of August with the additional use of our paver this season. Authorization is requested to purchase up to an additional $25,000 of bituminous materials to continue additional paving and patching operations through the fall season. Budget Impact There will be no impact to the approved 2016 budget since the additional allocation would come from an internal transfer, from existing funds in the Park Maintenance Materials budget (101- 602-000-4180), to the Street Maintenance Materials budget (101-502-000-4180). The additional amount purchased would be limited to the amount available in the 101-602-000-4180 budget, with a cap of $25,000. Recommendation It is recommended that the City Council authorize the Street Superintendent to purchase additional bituminous materials in an amount up to $25,000 from TA Schifsky and Sons. Attachments None G4 Packet Page Number 81 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works Bryan Nagel, Street Superintendent DATE: August 16, 2016 SUBJECT: Approval Authorizing Exterior Block Wall Repairs at City Hall, 1902 and 1810 Maintenance Buildings Introduction The council will consider authorizing work to proceed repairing the deteriorating exterior block walls at City Hall, 1902 and 1810 Maintenance Buildings. Background/Discussion This project was identified as a critical repair item in the facilities asset management report as a 2015 project. Several blocks along the building foundations at all three buildings and the columns in front of City Hall are damaged and deteriorating. The repairs are necessary to main integrity of the structures. The asset management report initially estimated repair costs to be $40,000 - $60,000 range. Quotes were solicited from three or more companies and two quotes were received for the repairs. One from Building Restoration Corporation in the amount of $99,595.00. And the second from RJ Marco in an amount of $44,364.24. The City has worked successfully with RJ Marco in the past; most recently on the Police Department garage door retrofit project. Staff is confident they can complete the repair based on conversations and past work history. The second quote was much higher and others chose not to bid because of limited availability of crews. Budget Impact This project was identified and approved in the CIP Bonding Plan approved by the City Council on June 27, 2016. The amount included in the recent bond sale for this project was $70,000, and the repair project is projected to come in below that amount. Recommendation It is recommended that the City Council authorize RJ Marco to complete the block wall repairs at City Hall, 1902 and 1810 Maintenance Building in an amount of $44,364.24, and that a project budget of $55,000.00 be established to account for potential contingencies and indirect costs. Attachment 1. RJ Marco and Building Restoration Corp Quotes G5 Packet Page Number 82 of 164 G5, Attachment 1 Packet Page Number 83 of 164 G5, Attachment 1 Packet Page Number 84 of 164 G5, Attachment 1 Packet Page Number 85 of 164 G5, Attachment 1 Packet Page Number 86 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 15, 2016 SUBJECT: Approval of a Conditional Use Permit Review, Whitaker Sports and Classic Cars, 1081 Highway 36 Discussion The conditional use permit (CUP) for Whitaker Sports and Classic Cars located at 1081 Highway 36 is due for review. The conditional use permit was issued allowing for used car sales to take place at this site. This review also includes a variance to allow used car sales closer than 350 feet to a residential area. Background On July 14, 2014, the city council approved a conditional use permit for Chuck Whitaker to sell used cars from the property located at 1081 Highway 36. The city council also approved a variance to allow for the car sales to take place closer than 350 feet to a residential area. On July 13, 2015, the city council reviewed the CUP and approved for one year. On July 25, 2016, the city council tabled the review of this CUP so it could receive more information from the applicant. Discussion The exterior site improvements that were proposed last year have been completed and are meeting the conditions of approval. The city council approved a slight modification to the CUP to allow up to seven cars to be displayed outside. Staff had inspected this site several times in the last years for this review and found the site consistently within compliance except for the day of the council’s last review. On July 25, 2016, the applicant had eight cars parked in front. Since the July 25 city council meeting, staff has discussed the issue with the applicant and the applicant is requesting a minor amendment to the site’s CUP to allow up to 10 cars be parked outside on site. The applicant has indicated his business has grown considerably since the 2014 approval and by making the request for a minor CUP amendment he will be able to consistently stay within compliance. The applicant’s emailed request is attached to this report. The conditions from the original 2014 CUP approval stated staff may approve minor changes. Staff did want this request to be brought forward for the council’s review as part of the CUP review process. G6 Packet Page Number 87 of 164 Budget Impact None. Recommendation Staff recommends approval of a minor CUP amendment permitting up to 10 cars out in front of the property at one time and to review the conditional use permit for Whitaker Sports and Classic Cars again in one year to check for compliance. Attachments 1. Location Map 2. Floor Plan 3. July 14, 2014 city council minutes 4. Applicant email, dated August 12, 2016 G6 Packet Page Number 88 of 164 G6, Attachment 1 Packet Page Number 89 of 164 G6, Attachment 2 Packet Page Number 90 of 164 G6, Attachment 3 Packet Page Number 91 of 164 G6, Attachment 3 Packet Page Number 92 of 164 G6, Attachment 3 Packet Page Number 93 of 164 G6, Attachment 3 Packet Page Number 94 of 164 G6, Attachment 3 Packet Page Number 95 of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ŚƵĐŬtŚŝƚĂŬĞƌ Whitaker Automotive LLC Whitaker Sports & Import Cars Whitaker Sports & Classic Cars 1081 Highway 36 E. Maplewood, MN 55109 www.whitakerscc.com DĂŝŶϲϱϭͲϳϴϵͲϭϬϬϵ &ĂǆϲϱϭͲϳϴϵͲϬϴϰϵ ĞůůϲϭϮͲϲϳϬͲϳϬϱϮ &ƌŽŵ͗DŝĐŚĂĞůDĂƌƚŝŶфŵŝĐŚĂĞů͘ŵĂƌƚŝŶΛŵĂƉůĞǁŽŽĚŵŶ͘ŐŽǀх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕ƵŐƵƐƚϭϭ͕ϮϬϭϲϰ͗ϯϰ͗ϱϵWD dŽ͗ŚƵĐŬtŚŝƚĂŬĞƌ ^ƵďũĞĐƚ͗Z͗hWZĞǀŝĞǁ ,ŝŚƵĐŬʹƚŚĂŶŬƐĨŽƌƚŚĞůĞƚƚĞƌ͘/ƐƚŚĞƌĞĂƌĞĂƐŽŶƚŚĂƚĐŽƵůĚďĞůŝŶŬĞĚƚŽƚĞĐŚŶŝĐĂůůǇĂƐŬŝŶŐĨŽƌŵŽƌĞĐĂƌƐƚŽďĞĚŝƐƉůĂǇĞĚ ŝŶĨƌŽŶƚ͍ƵƐŝŶĞƐƐĞǆƉĂŶĚĞĚƐŝŶĐĞŽƌŝŐŝŶĂůƌĞƋƵĞƐƚ͍/ƚŚŝŶŬŝƚǁŽƵůĚďĞďĞŶĞĨŝĐŝĂůƚŽŚĂǀĞĂƌĞĂƐŽŶƐƚĂƚĞĚŽƚŚĞƌƚŚĂŶ ũƵƐƚƚŽƐƚĂǇǁŝƚŚŝŶĐŽŵƉůŝĂŶĐĞ͘ DŝĐŚĂĞůDĂƌƚŝŶͮϲϱϭͲϮϰϵͲϮϯϬϯ G6, Attachment 4 Packet Page Number 96 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 15, 2016 SUBJECT: Approval of a Conditional Use Permit Review, Maple Hill Senior Living, 3030 Southlawn Drive Discussion The conditional use permit (CUP) for Maple Hill Senior Living is due for its annual review. This CUP is for a 115-unit senior housing facility at 3030 Southlawn Drive. Background On July 28, 2014, the city council approved the following land use requests for the Maple Hill Senior Living development project: 1. Conditional use permit 2. Parking reduction for fewer spaces 3. Unit-size reduction variance 4. Design approval On July 27, 2015, the city council reviewed the CUP and approved for one year. Discussion The renovations of the exterior and interior portions of the building have been completed and occupancy of the building has been granted. There have been issues with establishing the vegetation to the north of the building – this is where a parking lot was removed. The applicant has received a grant from the Ramsey-Washington Watershed District for the planting work and the watershed is involved to ensure work is completed. Staff is working with the applicant to ensure this area is replanted. Also the applicant needs to install a walkway to Southlawn Drive and to reimburse the city for improvements for a pedestrian crossing. The city holds a sizable cash escrow to ensure this work is completed and the applicant is actively working with the city and the watershed to complete the remaining items. Budget Impact None. G7 Packet Page Number 97 of 164 Recommendation Extend the approval of the conditional use permit for Maple Hill Senior Living and review again in one year. Attachments 1. Location Map 2. July 28, 2014 City Council Minutes G7 Packet Page Number 98 of 164 G7, Attachment 1 Packet Page Number 99 of 164 (i) The names and addresses of persons in charge of the event. (j) Employee lists. The following information for each technician employed or performing body art procedures at the event: (i) name; (ii) home address; (iii) home telephone number; (iv) date of birth; (v) copy of an identification photo; and (vi) copy of current license as required by MN Stats. Ch. 146B.03 or current guest artist license as required by MN Stats. Ch. 146B.04 (3) License verification and issuance. The police department is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. Within seven days of receipt of a complete application, the issuing authority shall grant or deny the application. An applicant who is denied a license by the issuing authority shall be granted a right to appeal to the city council. Sec. 14-1345. Penalty. A violation of this article shall be a misdemeanor and, upon conviction, shall be punishable in accordance with section 1-15. Secs. 14-1346—14-1370. Reserved. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive a. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District b. A Parking Reduction for Fewer Parking Spaces than Required c. A Unit-Size Reduction Variance d. Design Plans Senior Planner Ekstrand gave the staff report and answered questions of the council. City Attorney Kantrud gave additional information and answered additional questions. Fire Chief Lukin answered additional questions. Link Wilson with Kaas Wilson Architects addressed the council and gave a presentation on the proposed senior housing. Albert Miller, the developer of the project addressed the council and gave additional information and answered questions. The following people addressed the council: 1. Mark Bradley, Maplewood Resident 2. Bob Zick, North St. Paul Resident G7, Attachment 2 Packet Page Number 100 of 164 Councilmember Juenemann moved to approve: A. Approve a conditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The applicant shall work with the city engineer/director of public works to provide a safe walkway across Southlawn Drive for their residents as described in the analysis by SEH dated July 21, 2014. This installation shall be paid for by the applicant. The applicant shall also provide the sidewalk and ADA compliant ramps as shown on the Public Works Director’s Suggested Pedestrian Way Additions detail dated July 18, 2014. 9. Before the applicant obtains a building permit, he shall sign an agreement with the city agreeing to pay an annual assessment of $1,000 per year for ten years to defray the cost of police calls to the facility. B. Approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi- family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. C. Approval of a variance resolution to allow a living-unit size reduction. This variance G7, Attachment 2 Packet Page Number 101 of 164 allows memory-care living units beginning at 312 square feet. Code requires a minimum of 580 square feet. This variance is based on the findings that: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. D. Approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3. The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4. After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5. The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6. The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7. The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. 9. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents as described in the analysis by SEH dated July 21, 2014. This installation shall be paid for by the applicant. The applicant G7, Attachment 2 Packet Page Number 102 of 164 shall also provide the sidewalk and ADA compliant ramps as shown on the Public Works Director’s Suggested Pedestrian Way Additions detail dated July 18, 2014. Resolution 14-7-1107 Conditional Use Permit WHEREAS, Albert Miller has applied for a conditional use permit to put a multi- housing seniors housing facility in a BC (business commercial) zoning district; WHEREAS, Section 44-512 (1) of the BC district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” WHEREAS, this permit applies to the property located at 3030 Southlawn Drive. The property identification number of this property is: 022922220010 WHEREAS, the history of this conditional use permit is as follows: 1. On June 17, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On July 28, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. G7, Attachment 2 Packet Page Number 103 of 164 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk- away” from the proposed seniors residence shall be paid by the applicant. The Maplewood City Council approved this resolution on July 28, 2014. Resolution 14-7-1108 Variance Resolution WHEREAS, Albert Miller applied for a variance from the minimum unit size requirements for multi-family housing developments. Mr. Miller is requesting that the G7, Attachment 2 Packet Page Number 104 of 164 minimum size of memory-care living units in his proposed senior housing facility start at 312 square feet in area; WHEARAS, city ordinance requires a minimum multi-family unit size of 580 square feet; WHEREAS, this variance applies to the property at 3030 Southlawn Drive. The property identification number for this property is: 022922220010 WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on June 17, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On July 28, 2014 the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described variances since: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. The Maplewood City Council approved this resolution on July 28, 2014. Seconded by Councilmember Abrams Ayes – Mayor Slawik, Council Member Abrams and Juenemann Nays – Council Member Cardinal and Koppen The motion passed. J. NEW BUSINESS G7, Attachment 2 Packet Page Number 105 of 164 G8 AGENDA REPORT TO: Melinda Coleman, City Manager CC: Ellie Paulseth, Finance Director FROM: Steve Lukin, Fire Chief SUBJECT: Approval to purchase 800 MHz radios DATE: August 15, 2016 Introduction At the City Council meeting on June 13, 2016, the Council approved the purchase of 800 MHz radios in the amount of $30,000 from the 2016 CIP. The new 800 MHz radios will be split between the police and fire as we begin the replacement process of old radios. Background When we placed the order for the new 800 MHz radios from the state bid form ANCON, our Motorola representative, learned about a promotion. The promotion offered a $500.00 rebate per radio when we turn in one old radio, in any condition, for each new radio we purchase. We were approved for this promotion. This promotion helped us recycle many of our old radios that were no longer in working condition and no longer had value. By utilizing this promotion, we were able to purchase three more radios within the approved budget amount of $30,000, increasing our total inventory from eight new radios to 11 new 800 MHz radios. We asked ANCON when this promotion would end, but we were not given a definite time-frame. Because of this great promotion, I met with City Manager Coleman, Finance Director Paulseth and Chief Schnell regarding the possibility of doubling our radio order, if funding was available. Everyone agreed that we could not pass up this promotion. Budget Impact We will need an additional $30,000 in funding from the CIP to purchase an additional 11 new 800 MHz radios. Finance Director Paulseth has the funds available. We received City Manager Coleman’s support to make the purchase. In total, this radio promotional rebate offer will have saved the City $11,000. We used this saving to purchase an additional six new 800 MHz radios. Recommendation It is recommended that the City Council approve and authorize the additional expenditure of $30,000 to ANCON for the purchase of 11 new 800 MHz radios. We will purchase the new radios off of the state bid to provide us the lowest possible cost as well as utilizing the $500 rebate radio promotion. Packet Page Number 106 of 164 G9 MEMORANDUM TO: Melinda Coleman, City Manager Ellen Paulseth, Finance Director FROM: Michael Mondor, Chief of EMS DATE: August 16, 2016 SUBJECT: Approval of Pre-Hospital Medical Direction Services Agreement with Regions Hospital Introduction The Maplewood Fire/EMS Department is licensed by the State of Minnesota Emergency Services Regulatory Board to provide emergency medical transport services in the City of Maplewood. Per State Statute 144E, an ambulance service shall have a medical director who is a licensed physician in the State of Minnesota. For the past 5 years, Maplewood Fire/EMS has utilized HealthEast to provide medical direction and education services. Background In January of 2016 the City Council authorized the formation of a Fire/EMS workgroup to study the City’s current Fire/EMS delivery model. The committee met during the subsequent months and ultimately developed a strategic framework. Following the Fire/EMS workgroup’s presentation to City Council on May 9, 2016 staff began to operationalize the strategic framework. The workgroup identified several potential partnership opportunities after the delivery of presentations by our public and private partners. Some of those presentations included discussion surrounding professional services such as; Medical Direction, EMS Education, Supply Chain Management, Research Opportunities, and integrated technology and/or data management. One clear direction from the Fire/EMS workgroup was that there is a desire to address capacity, to ensure that Maplewood Fire/EMS continues to have the ability to deliver the appropriate resource, for the right reason in the appropriate amount of time. The department sent out a Request for Quote (RFQ) to potential partners on June 6, 2016 to potential partners that had previously presented to the Fire/EMS workgroup. The RFQ asked potential providers to provide a quote to provide Medical Direction, EMS education, Supply Chain Management support and other services such as supporting the city’s community risk reduction activities, involvement in the city’s Heart Safe Community initiative and the ability to integrate and/or augment current technology to improve clinical best practices. Packet Page Number 107 of 164 G9 Regions Hospital was the only agency to submit a response to the RFQ process. After an administrative review, the response was reviewed by the Quality Assurance/Quality Improvement committee and was recommended for approval on July 13, 2016. The response was presented to the Fire/EMS workgroup on July 18, 2016 and received overwhelming support. With the proposed contract from Regions Hospital, Dr. Bjorn Peterson will be our primary Medical Director with assistance from other Regions EMS physicians. Dr. Peterson served as the Associate Medical Director for Maplewood Fire/EMS from 2010-2012. Along with this contract, the department will see an increase of physician/staff interaction, enhanced EMS education, support in supply chain management, physician involvement in community risk reduction program development and enhanced technology integration. The proposed contract is five years in length with an option to renew for successive one year terms. The annual cost of the contract is $15,000 with an annual increase based on the Consumer Price Index. While the proposed contract represents a $4,000 increase over our current contract, the contract represents additional services and will add capacity to allow staff to execute the work plan based on the strategic framework set forth by the Fire/EMS workgroup. Budget Impact The City will be invoiced on a prorated basis for 2016 which will be covered in the department’s existing budget. Beginning in 2017, the budget impact will be $15,000 annually which represents a $4,000 increase. This increase has been included in the department’s 2017 budget proposal. Recommendation It is recommended that the City Council approve the Pre-Hospital Medical Direction Services Agreement between the City of Maplewood and Regions Hospital. Attachments 1. Pre-Hospital Medical Direction Agreement Between Regions Hospital and The City of Maplewood Packet Page Number 108 of 164 G9, Attachment 1 1103819-9 1 PRE-HOSPITAL MEDICAL DIRECTION SERVICES AGREEMENT BETWEEN REGIONS HOSPITAL AND THE CITY OF MAPLEWOOD This pre-hospital medical direction services agreement (“Agreement”), effective on September 12, 2016 (“Effective Date”), is between Regions Hospital (“Regions”), a Minnesota nonprofit corporation, through its Emergency Medical Services Department, and the City of Maplewood (the “City”), through the Maplewood Fire Department (the “Fire Department”). RECITALS WHEREAS, the City operates an ambulance service (“Ambulance Service”) which provides emergency medical services in the City’s primary service area pursuant to a license granted by the Minnesota Emergency Medical Services Regulatory Board (“EMSRB”). WHEREAS, Regions operates an acute-care hospital in St. Paul, Minnesota, and provides emergency medical direction, emergency medical education and other associated services to municipal and private rescue-emergency medical service providers, through Regions’ Emergency Medical Services Program (“Regions EMS Program”); and WHEREAS, the City maintains and operates an emergency medical service (“EMS”) program and desires the assistance of the Regions EMS Program in the provision of such services; and WHEREAS, Regions, through the Regions EMS Program, desires to provide the City the assistance and training specified in this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties set forth above, intending to be legally bound, agree as follows: ARTICLE 1 Duties of the Parties 1.1 Duties of Regions. a. Services. Regions, through the Regions EMS Program, shall provide the City EMS Program the services specified in Schedule 1.1, which is attached hereto and incorporated herein by this reference. b. Medical Director. Regions shall designate a lead pre-hospital medical director (the “Medical Director”) and assistant pre-hospital medical directors (“Assistant Medical Directors”) for the City. (The Medical Director and Assistant Medical Directors are hereinafter collectively referred to as the “Medical Directors”). The names, duties and obligations of the Medical Director are specified in Schedule 1.1 (the “Medical Direction Services”). The Assistant Medical Packet Page Number 109 of 164 G9, Attachment 1 1103819-9 2 Directors shall be responsible to assist the Medical Director with some of the Medical Direction Services specified in this Agreement. The Medical Directors shall (a) be currently licensed as a physician in the state of Minnesota (b) be a board certified emergency medicine physician, (c) have experience in, and knowledge of, emergency care of acutely ill or traumatized patients, and (d) be familiar with the design and operation of local, regional and state emergency medical services systems. In the event that Regions replaces the individual(s) specified in Schedule 1.1, the City of Maplewood shall have the right to approve or reject the selection and appointment of any physicians appointed by Regions to service as Medical Director. c. EMS Clinical Supervisor. Regions shall designate one of its employees to serve as an EMS Clinical Supervisor (“EMS CS”) to the City. The EMS CS shall be responsible to assist the Medical Director with the duties and responsibilities specified in Schedule 1.1. 1.2 Duties of the City. To assist the Regions EMS Program in the discharge of its duties hereunder, the City shall be responsible for performing the duties set forth in Schedule 1.2, which is attached hereto and incorporated herein by this reference. 1.3 Joint Duties. In addition to the duties specified in Sections 1.1 and 1.2 above, Regions EMS Program and the City shall perform the following: 1.3.1 The parties shall meet at least annually to engage in medical oversight and vision planning; 1.3.2 The parties shall collaborate on EMS system guideline development and research specific to the emergency medical services provided by City; and 1.3.3 The parties shall schedule and attend regular meetings with the City’s leadership as mutually agreed upon. 1.4 Other Medical Direction and Continuing Medical Education Services. City of Maplewood and Regions agree that other services may be desired by City of Maplewood and/or offered by Regions and that such services may, by mutual assent and for agreed upon consideration, be provided under this Agreement. ARTICLE 2 Term and Termination 2.1 Term. This Agreement shall commence on the Effective Date and shall remain in effect for five (5) years (“Initial Term”). Thereafter, this Agreement shall automatically renew for successive one-year terms (each a “Renewal Term”) unless terminated as provided herein. For purposes of this Agreement the term “Contract Year” shall mean each twelve (12) month period beginning on the Effective Date. Packet Page Number 110 of 164 G9, Attachment 1 1103819-9 3 2.2 Termination. Subject to the continuing obligations of the parties as set forth in Articles 1, 4, 5 and 7: 2.2.1 Termination Without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Any termination of this Agreement pursuant to this Section shall be effective only at the end of the then current Contract Year. Further, no termination pursuant to this Section may be effective prior to the end of the first Contract Year of this Agreement. 2.2.2 Termination With Cause. Either party may terminate this Agreement with cause upon the default of the other party under any material term of this Agreement and the defaulting party’s failure to cure such default within thirty (30) days after receipt of written notice specifying the precise nature of the default. Upon the defaulting party’s failure to cure the default within the foregoing thirty-day cure period, this Agreement shall be deemed terminated without further action. 2.2.3 Termination Upon Change in Law. If any provision of this Agreement is in conflict with current state or federal laws, regulations or rules, or a subsequent change in state or federal law, regulations or rules, or judicial interpretation thereof, the parties mutually agree to amend this Agreement in writing to comply with the law, regulation, rule or interpretation, or, if the parties are unable to reach agreement through good faith negotiations within thirty (30) days of becoming aware of the conflict, either party may terminate this Agreement effective immediately upon notice in writing to the other party. 2.2.4 Termination Upon Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time. Further, no termination pursuant to this Section 2.2.4 may be effective prior to the end of the Initial Term of this Agreement. 2.3 Effect of Termination. The terms and conditions of Article 4, 5, and 7 shall survive the expiration or termination of this Agreement. In addition, Subsequent to termination of this Agreement under any provision above, the parties may not enter into a new agreement for the same or substantially similar services on materially different financial terms, unless the financial terms in effect at the time of termination were in effect for at least twelve (12) months prior to termination, or unless the financial terms in effect at the time of termination are continued such that those terms will remain in effect for a continuous period of at least twelve (12) months. ARTICLE 3 Compensation 3.1 Compensation. For Regions’ faithful performance of this Agreement, the City shall compensate Regions pursuant to the provisions set forth in Schedule 3.1 (the “Compensation”). Any payment rate implemented or offered under this Agreement must remain in effect for at least a period of 12 months before the payment rate may be changed pursuant to written agreement of the parties. Packet Page Number 111 of 164 G9, Attachment 1 1103819-9 4 3.2 Payment Schedule. The City shall pay the Compensation to Regions within thirty (30) days of the City’s receipt of an invoice from Regions. 3.3 No Referrals. The Compensation set forth in Schedule 3.1 is consistent with the fair market value of the services provided hereunder, has been arrived at through arm's length negotiations between the parties and is consistent with fair market value in arms-length transactions. Furthermore, the Compensation is not intended to and does not reflect in any way the level of activity or the volume or value of any referrals or business otherwise generated for or with respect to Regions or between the parties for which payment may be made in whole or in part under Medicare or any federal or state health care program or under any other payor program. ARTICLE 4 Indemnification 4.1 Indemnification. The City shall indemnify, defend, and hold harmless Regions, its corporate members, subsidiaries, affiliates, and their respective board of directors and individual directors, officers, employees, agents, successors and assigns from and against any and all liabilities, claims, damages, causes of actions, lawsuits, judgments, demands, and expenses, including court costs and reasonable attorneys’ fees, resulting from any act or omission of the City, its agents, employees, contractors, and trainees arising out of this Agreement. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law defenses, immunities, or limits on liability. The obligation of the City under this section cannot exceed the amount that it would be obligated to pay under the provisions and limitations of Minn. Stat. Chap. 466 without this indemnification language. Under no circumstances will the City be required to pay on behalf of itself and/or other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. 4.2 Regions Indemnification. Regions shall indemnify, defend, and hold harmless the City, its hospital administration, employees, and agents from and against any and all liabilities, claims, damages, causes of actions, lawsuits, judgments, demands, and expenses, including court costs and reasonable attorneys’ fees, resulting from any act or omission of Regions EMS Program, its agents, employees, and contractors arising out of this Agreement. ARTICLE 5 Confidentiality 5.1 Data Practices Act. Regions shall comply with the requirements of the Minnesota Government Data Practices Act (the “Act”) in providing services under this Agreement. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated, except as authorized or required by the Act either during the Term of this Agreement or thereafter. Any data supplied to City by Regions during the Term of this Agreement shall be administered in accordance with the provisions of the Act regardless of any internal classifications assigned to the data by Packet Page Number 112 of 164 G9, Attachment 1 1103819-9 5 Regions. 5.2 Other Confidential Information. During the course of the performance of the services under this Agreement, the parties may have access to or become acquainted with confidential information relating to each others’ business, including, without limitation, patient records, medical information, and/or other information that relates to or identifies patients. The parties acknowledge and understand the importance of keeping such information confidential and agree to never use, except in performing its duties under this Agreement, or disclose such information to any third party except as may be required by a court order. If disclosure is ordered by a court or administrative order, the party subject to the order shall immediately notify the other party to allow such party the opportunity to make a reasonable effort to obtain a protective order. Upon the expiration or termination of this Agreement, the parties shall immediately return to the other party all records or other tangible documents that contain, embody, or disclose, in whole or in part, any confidential information of the other party. Notwithstanding any term herein the City shall not be required to keep confidential any material, data, process or other matter which it is otherwise required to disclose under the provisions of the Minnesota Data Practices Act and subject to the City’s records retention schedule as it is currently or may be amended during the term of this Agreement. 5.3 Protected Health Information. Regions may use and/or disclose protected health information in providing the services under this Agreement. The parties are committed to complying with the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Regulation”) 45 C.F.R. Parts 160 & 164 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as it is currently drafted and as it may be subsequently updated, amended, or revised. The Addendum attached hereto as Schedule 5.3 is incorporated into this Agreement, and sets forth the terms and conditions pursuant to which protected health information that is provided by, or created or received by, Regions from or on behalf of the City will be handled between Regions and the City and with third parties during the term of this Agreement and after its expiration or termination. ARTICLE 6 Notices 6.1 Notices. All notices required or permitted under this Agreement shall be in writing and shall be delivered personally to a designated agent of the party to whom the notice is directed, or mailed by overnight mail or registered or certified mail return receipt requested, postage prepaid, addressed as shown below, or to such other address as the parties may from time to time provide. Any notice hereunder shall be deemed effective when personally delivered or when deposited postpaid in a United States mailbox or post office. Packet Page Number 113 of 164 G9, Attachment 1 1103819-9 6 If to the City If to Regions Maplewood Fire Department Regions Hospital 1955 Clarence Street North 640 Jackson Street MS: 13801B Maplewood, MN 55109 St. Paul, MN 55101-2592 Attn.: EMS Chief Attn.: EMS Director With a copy to: With a copy to: The City of Maplewood HealthPartners General Counsel Attn: City Attorney P.O. Box 1309 1830 County Road B Minneapolis, MN 55440-1309 Maplewood, MN 55109 ARTICLE 7 Relationship of Parties 7.1 Independent Contractor. The City shall neither have nor exercise any control or direction over the methods or procedures that Regions or any of its employees, agents or representatives use to perform the services under this Agreement. Regions shall perform all of its obligations under this Agreement as an independent contractor. The parties agree that this Agreement is not intended and shall not be construed to create an employer- employee relationship, partnership, or joint venture between the parties. 7.2 No Employment Relationship. The parties acknowledge and agree that because this Agreement anticipates no employment relationship between the parties no worker’s compensation insurance, unemployment insurance, pension plans, health insurance, life insurance, or other benefits made available to employees of the City will apply to Regions or Regions EMS Program. 7.3 No Withholding. The City shall not withhold from the amounts it pays Regions any money for state and federal income taxes, social security taxes, unemployment taxes and worker’s compensation taxes or any other payroll tax. It is Regions’ responsibility to make whatever withholdings from those payments the law requires. 7.4 Indemnification. Regions shall defend, indemnify and hold harmless the City its Administration, employees, and agents from any loss, liability, claim or expense (including reasonable attorneys’ fees and other expenses of litigation and administrative proceedings) on account of any claim by any federal, state or local authorities that (a) the role of Regions under this Agreement is not that of an independent contractor, (b) Regions is or has acted as the employer or employee of the City, or (c) is liable for any payroll-related tax or assessment on account of any work performed by Regions. ARTICLE 8 Miscellaneous Provisions 8.1 Assignment. Neither party may assign its rights or delegate or subcontract its duties under this Agreement, including by a change in ownership, without the prior written Packet Page Number 114 of 164 G9, Attachment 1 1103819-9 7 consent of the other party. Any attempted or actual assignment or delegation of this Agreement by either party in violation of this Section shall be void 8.2 Limitation on Liability. In no event shall either party be liable to the other party for any indirect, special, incidental, or consequential damages arising out of any breach of this Agreement. Neither party may bring an action arising out of the performance of this Agreement more than three (3) years after the cause of action occurred. 8.3 Modification. No amendment, alteration, modification of this Agreement shall be effective unless set forth in a writing which is signed by an authorized representative of the parties. Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. 8.4 Waiver. No consent to or waiver (whether expressed or implied) by any party to any breach or default by the other party in performance of its obligations under this Agreement shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance by such other party of the same or any other obligations of such party hereunder. The failure to act by one party or to declare another party in default, irrespective of how long such failures continue, shall not constitute a waiver of such party’s rights hereunder. 8.5 Severability. The invalidity or unenforceability of any provisions of this Agreement or the application thereof to any person or circumstances shall not affect or impair the validity or enforceability of any other provision hereof. Any provision of this Agreement that is subsequently determined to be invalid or unenforceable because of contravention of any applicable law, statute or government regulation shall be deemed to be amended to the extent necessary to remove the cause of such invalidation or unenforceability, and such provision, as so amended shall remain in full force and effect. 8.6 Medicare Sanctions or Exclusion. Each party hereby represents and warrants that it is not and at no time has been sanctioned or excluded from participation in any federally funded health care programs, including Medicare and Medicaid. Each party shall immediately notify the other party if it or any of its employees are sanctioned or excluded from any federally funded health care program, including Medicare and Medicaid, or threatened with the same. If either party or any of its employees is sanctioned or excluded from participation in any federally funded health care program during the Term of this Agreement, or if at any time after the Effective Date it is determined that a party is in breach of this requirement, this Agreement shall automatically terminate as of the effective date of such sanction, exclusion or breach. 8.7 Captions. The captions to each section of this Agreement are included for ease and convenience of reference only and are not to be considered a part hereof, and shall not be deemed to modify, restrict, or enlarge any of the terms or provisions of this Agreement. 8.8 Recitals. The recitals set forth above are by this reference incorporated in this Agreement. Packet Page Number 115 of 164 G9, Attachment 1 1103819-9 8 8.9 No Third Party Beneficiaries. Nothing in this Agreement is intended to create or creates any enforceable legal rights for third-party beneficiaries or individuals or entities other than the parties hereto. 8.10 Construction of Words. Where the context requires, the gender of all words used herein shall include the masculine, feminine and neuter, and the number of all words shall include the singular and plural. 8.11 No Inference. This Agreement is being entered into among competent and experienced business persons and the terms and provisions of this Agreement shall be construed fairly as to the parties hereto and not in favor of or against either party, regardless of which party was generally responsible for the preparation of this Agreement. 8.12 Execution and Counterparts. This Agreement and any amendments hereto may be executed by any form of signature allowed by law and in multiple counterparts. Each counterpart shall be deemed an original, and all counterparts together shall constitute one and the same instrument. 8.13 Entire Agreement. This Agreement shall constitute the entire agreement and understanding between the parties, and supersedes all prior oral or written agreements, proposals, promises, and representations of the parties regarding the subject matter hereof. No representation or promises hereafter made shall be binding upon either party, unless in writing and signed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first stated above. THE CITY OF MAPLEWOOD REGIONS HOSPITAL By: By: Mayor Mike McAvoy VP of Operations & Hospital Specialty By: Services City Manager Recommended for Approval: By: Chief of EMS Recommended for Approval: Approved as to Form: By: City Attorney Packet Page Number 116 of 164 G9, Attachment 1 1103819-9 9 SCHEDULE 1.1 SERVICES Regions shall assign the following individuals to serve as the Medical Director and Assistant Medical Directors: MEDICAL DIRECTORS 1 Medical Director Bjorn Peterson, M.D. 2 Assistant Medical Director R.J. Frascone, M.D. 3 Assistant Medical Director Aaron Burnett, M.D. Regions, through the Regions EMS Program, shall provide the following services: SERVICES Medical Direction 1 Acceptance of the Fire Department’s current EMS guidelines along with use of Regions EMS Guidelines 2 Provide access to electronic copies of EMS guidelines 3 Provide pocket size of Regions EMS’ written EMS guidelines 4 Provide physician representation on the Fire Department’s Quality Improvement/Quality Assurance committee 5 Provide physician on-scene, point-of-care response as deemed appropriate by the Fire Department/EMS department administration (proactive QA/QI, response to low-frequency/high- impact events, response as requested by incident commander) 6 Provide 24/7 access to online medical control and the ability to contact assigned medical director(s) through the EMRCC 7 Provide medical direction for the Fire Department’s emergency medical responder (“EMR”), public AED and community CPR program 8 Representation of the City’s interests in the broader medical community (local, state, regional, national) 9 Provide medical direction for the Fire Department’s EMS education program, including but not limited to, continuing education, CPR, ACLS, PALS, etc. 10 Provide medical direction for the Fire Department’s specialized teams and divisions, including but not limited to, the Community Risk Reduction Division (Community Paramedicine, Mobile Integrated Healthcare, etc.) and the department’s tactical EMS team. Education 1 Provide direct physician involvement in oversight, development and/or delivery of continuing medical education 2 Provide consultation on compliance with state and national standards 3 Represent the Fire Department’s/EMS department’s interests on regional, state and national industry working groups 4 Provide BLS continuing education offered in a modular and/or traditional/refresher format which includes maximum allowable distributive/online education 5 Provide ALS continuing education offered in a modular and/or traditional/refresher format which includes maximum allowable distributive/online education 6 Provide Community Paramedic continuing education in addition to above 7 Provide access to additional certification courses (ACLS, PALS, AMLS, PHTLS, CPR, CPR instructor, ACLS instructor, ACLS-EP Instructor, PALS instructor, AMLS instructor, PHTLS instructor, EMS DOT Instructor) Packet Page Number 117 of 164 G9, Attachment 1 1103819-9 10 SERVICES 8 Offer joint ALS/BLS education sessions upon the request of the City 9 Provide access to customizable, high fidelity simulation for BLS and ALS providers 10 Provide access to online/distributive education to maximize the use of the allowable distributive education 11 Track all EMS education online and establish a mechanism for reporting education to individual employees and the Fire Department/EMS department’s administration 12 Provide initial and refresher courses for the City’s EMR 13 Provide access to both ALS and BLS initial and ongoing provider skill validation (at least annually) 14 Participate in the clinical aspect of the City’s Field Training Program Supply Chain 1 Support Fire Department’s EMS supply chain for purchase of disposable and durable medical supplies 2 Provide access to an EMS Supply Technician and Pharmaceutical Supervisor and provide supply order process and delivery 3 Recommend options for augmenting the Fire Department’s durable medical equipment preventative maintenance (bio-med) services 4 Provide access to medical waste disposal as allowed by law 5 When available, provide pharmaceuticals including controlled substances within a process that complies with state and federal regulations 6 Provide consultation and assistance during limited supply situations (shortage of specific medications or supplies) Additional Services – (available upon request and at additional charge) 1 Medical Direction guidance and involvement in the Fire Department’s Community Risk Reduction efforts, including but not limited to, Community Paramedicine/Mobile Integrated Health Care, Illness and Injury Prevention, City and community wellness 2 Participate with the Fire Department in the delivery of the department’s Heartsafe community initiative 3 Provide Medical Direction guidance and involvement in the Fire Department’s tactical EMS team which supports the Ramsey County SWAT 4 Support event medicine requests and/or surge events with EMS personnel and/or Medical Director Involvement 5 Augment and/or integrate with current technology, including, but not limited to, patient care reporting, education and system QA/QI activities; includes integration with Regions EMS FirstWatch Data System (End of Schedule 1.1) Packet Page Number 118 of 164 G9, Attachment 1 1103819-9 11 SCHEDULE 1.2 DUTIES AND RESPONSIBILITIES OF THE CITY The City shall provide the following: I. Continuous Quality Improvement: 1. Assure that all City personnel meet CME requirements, including, CPR, run report sessions, infection control, advanced skills recertification, CME, annual guideline evaluation, and driving. 2. Collect, collate and report required CQI data points (outlined by Regions Hospital EMS Medical Direction) to the Medical Director on a monthly basis. 3. Implement the medical protocols and guidelines approved by the medical director. 4. Report all proposals for the purchase of patient care equipment to the Medical Director for evaluation and approval. 5. Provide the Medical Director access to copies of ambulance run reports for evaluation and review. II. Continuing Medical Education: 1. Maintain a current roster, training records, data collection forms, etc., on each Public Safety employee providing education or patient care. 2. Assure that all personnel meet continuing medical education requirements as established by applicable regulatory agencies. 3. Assist in maintaining Emergency Medical Services Regulatory Board EMS mandated continuing education records. 4. Annual refresher training in emergency driving is recommended. 5. Notify the Medical Director of situations involving potential need for Critical Incident Stress Debriefing, CISD. 6. Document annual continuing education on blood borne and airborne pathogens training for all City employees who may come into contact with patient care areas. 7. Document annual Right-to-Know training. 8. Document quarterly continuing education on basic and advanced airways. 9. Document quarterly continuing education on intravenous therapy. Packet Page Number 119 of 164 G9, Attachment 1 1103819-9 12 III. Medical Direction and Medical Advisory Committee: 1. Provide a tool to customers (patients) for determining customer satisfaction and report results to the Medical Director. 2. Consult with the Medical Director on anticipated changes in patient care, new equipment and service upgrades. 3. Advise the Medical Director in a timely manner of any: a. complaint received concerning the delivery of care by the City. b. medication or procedure (e.g., intubation) errors that occur. c. equipment, vehicle, or communication failures that impacts patient care. d. vehicle accidents that occur while responding to, on scene, or in route with a patient (in the vehicle) to a receiving facility, regardless of damage; such notice to be provided within 24 hours of the accident. e. City personnel gross deviation from standards of care, loss of licensure, deviation from applicable codes, ethical rules or applicable laws; such notice to be provided immediately. 4. Allow the Medical Director the opportunity to interview City clinical candidates for employment and offer input regarding that selection. 5. Designate an individual to be accessible to the EMS CS as needed. 6. Consult with the Medical Director on crew configuration and deployment changes. 7. Maintain the following documentation and records for each City personnel that may come into contact with patient care areas: a. Immunizations and screenings for Hepatitis B, Tetanus (every 10 years), Influenza (optional), and Mantoux (annually). Documentation must include refusal forms, if applicable; b. HEPA or N95 respirator fit-testing; c. Other licensing requirement documentation as required by Minnesota law; d. Background checks; e. Initial emergency driving training; and f. Annual practical skills proficiency statement for each individual. (End of Schedule 1.2) Packet Page Number 120 of 164 G9, Attachment 1 1103819-9 13 SCHEDULE 3.1 COMPENSATION First Year Base Price: $15,000 SERVICES Price Medical Direction 1 Acceptance of the Fire Department’s current EMS guidelines along with use of Regions EMS Guidelines Included in Base Price 2 Provide access to electronic copies of EMS guidelines Included in Base Price 3 Provide pocket size written EMS guidelines Included in Base Price 4 Provide physician representation on the Fire Department’s Quality Improvement/Quality Assurance committee Included in Base Price 5 Provide physician on-scene, point-of-care response as deemed appropriate by the Fire Department/EMS department administration (proactive QA/QI, response to low-frequency/high-impact events, response as requested by incident commander) Included in Base Price 6 Provide 24/7 access to online medical control and the ability to contact assigned medical director(s) through the EMRCC Included in Base Price 7 Provide medical direction for the Fire Department’s EMR, public AED and community CPR program Included in Base Price 8 Representation of the City’s interest in the broader medical community (local, state, regional, national) Included in Base Price 9 Provide medical direction for the Fire Department’s EMS education program, including but not limited to continuing education, CPR, ACLS, PALS, etc. Included in Base Price 10 Provide medical direction for the Fire Department’s specialized teams and divisions, including but not limited to the Community Risk Reduction Division (Community Paramedicine, Mobile Integrated Healthcare, etc.) and the tactical EMS team. Cost as mutually agreed based upon level of services provided Education 1 Provide direct physician involvement in oversight, development and/or delivery of continuing medical education Included in Base Price 2 Provide consultation on compliance with state and national standards Included in Base Price 3 Represent the Fire Department’s/EMS department’s interests on regional, state and national industry working groups Included in Base Price 4 Provide BLS continuing education offered in a modular and/or traditional/refresher format which includes maximum allowable distributive/online education Included in Base Price 5 Provide ALS continuing education offered in a modular and/or traditional/refresher format which includes maximum allowable distributive/online education Included in Base Price 6 Provide Community Paramedic continuing education in addition to above Included in Base Price Packet Page Number 121 of 164 G9, Attachment 1 1103819-9 14 SERVICES Price 7 Provide access to additional certification courses (ACLS, PALS, AMLS, PHTLS, CPR, CPR instructor, ACLS instructor, ACLS-EP Instructor, PALS instructor, AMLS instructor, PHTLS instructor, EMS DOT Instructor) Pricing as set forth in the Regions EMS Annual Course Guide fee schedule for Medical Direction students 8 Offer joint ALS/BLS education sessions at city’s request Included in Base Price 9 Provide access to customizable, high fidelity simulation for BLS and ALS providers Included in Base Price 10 Provide access to online/distributive education to maximize the use of the allowable distributive education Included in Base Price 11 Track all EMS education online, and establish a mechanism for reporting education to individual employees and the Fire Department’s/ EMS department’s administration Included in Base Price 12 Provide initial and refresher courses for City’s EMR Pricing as set forth in the Regions EMS Annual Course Guide fee schedule for Medical Direction students 13 Provide access to both ALS and BLS initial and ongoing provider skill validation (at least annually) Included in Base Price 14 Participate in the clinical aspect of City’s Field Training Program Included in Base Price Supply Chain 1 Support the Fire Department’s EMS supply chain for purchase of disposable and durable medical supplies Medical supplies at Regions cost 2 Provide access to an EMS Supply Technician and Pharmaceutical Supervisor. Preferred supply order process and delivery Included in Base Price 3 Recommend options for augmenting Fire Department’s durable medical equipment preventative maintenance (bio-med) services Included in Base Price 4 Provide access to medical waste disposal as allowed by law Medical waste disposal at Regions cost 5 When available, provide pharmaceuticals including controlled substances within a process that complies with state and federal regulations Pharmaceuticals at Regions cost 6 Provide consultation and assistance during limited supply situations (shortage of specific medications or supplies) Included in Base Price Additional Services 1 Medical Direction guidance and involvement in the Fire Department’s Community Risk Reduction efforts including but not limited to: Community Paramedicine/Mobile Integrated Health Care, Illness and Injury Prevention, City and community wellness Cost based upon level of services provided 2 Participate with the Fire Department in the delivery of the department’s Heartsafe community initiative Included in Base Price 3 Medical Direction guidance and involvement in the city’s public AED program Included in Base Price Packet Page Number 122 of 164 G9, Attachment 1 1103819-9 15 SERVICES Price 4 Provide Medical Direction guidance and involvement in the Fire Department’s tactical EMS team which supports the Ramsey County SWAT Included in Base Price 5 Support event medicine requests and/or surge events with EMS personnel and/or Medical Director Involvement Cost based upon level of services provided 6 Augment and/or integrate with current technology including, but not limited to, patient care reporting, education and system QA/QI activities; includes integration with Regions EMS FirstWatch Data System FirstWatch integration included at Base Price. Other costs based upon level of services provided 7 Regions Hospital can support the City to meet any EMS needs Cost based upon level of services provided Annual Base Price Increase. The Base Price payable by the City to Regions for each Renewal Term shall be the annual Base Price for the previous Contract Year plus an increase equal to the Consumer Price Index for all urban consumers, U.S. City average, other services published by the Bureau of Labor Statistics of the Department of Labor, seasonally adjusted over twelve months prior to January of each contract year. (End of Schedule 3.1) Packet Page Number 123 of 164 G9, Attachment 1 1103819-9 16 SCHEDULE 5.2 BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum (“BAA”) is incorporated into and is an integral part of the Pre-Hospital Medical Direction Services Agreement between the City of Maplewood (“Covered Entity”) and Regions Hospital dated September 12, 2016 (“Business Associate”) (“Underlying Agreement”) and has the same Effective Date as the Underlying Agreement. This BAA establishes the required, permitted, and prohibited Uses and Disclosures of Protected Health Information by Business Associate in connection with the Underlying Agreement and sets forth other expectations of the parties. Business Associate and Covered Entity are committed to complying with applicable law with regard to Protected Health Information received, created, maintained, used, transmitted, or disclosed to or by Business Associate in connection with the Underlying Agreement. These laws include, but are not limited to the Privacy Regulation and the Security Regulation promulgated under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). 1. DEFINITIONS. In general. Except as modified by this BAA, each capitalized term in this BAA has the meaning of that term as set forth in 45 C.F.R. Parts 160, 162 and 164. For purposes of this BAA, the following terms have the meaning given: 1.1. “Privacy Regulation” means 45 C.F.R. Parts 160 and 164, subparts A, D, and E. 1.2. “Protected Health Information” or “PHI” has the meaning set forth in 45 C.F.R. §160.103, but limited to information Used, Disclosed, received, created, maintained, or transmitted by Business Associate on behalf of Covered Entity pursuant to the Underlying Agreement. 1.3. “Regulations” means the Privacy Regulation and the Security Regulation. 1.4. “Secretary” means the Secretary of the United States Department of Health and Human Services. 1.5. “Security Regulation” means 45 C.F.R. Parts 160 and 164, subparts A and C. 1.6. “Services” means the services Business Associate performs for Covered Entity pursuant to the Underlying Agreement. 1.7. “Subcontractor” means a person or entity to whom Business Associate delegates a function, activity, or service under the Underlying Agreement or this BAA that involves PHI in any manner, other than delegation to a member of Business Associate’s Workforce, 1.8. “Unsecured Protected Health Information” or “Unsecured PHI” means PHI that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified in guidance issued in accordance with 45 C.F.R. § 164.402. Packet Page Number 124 of 164 G9, Attachment 1 1103819-9 17 2. PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION 2.1. Performance of Services. Except as otherwise expressly permitted in this BAA, Business Associate may create, maintain, Use, transmit, and Disclose PHI only to the extent necessary to perform Services for or on behalf of Covered Entity. Except for the Uses and Disclosures in Section 2.2 and 2.3, Business Associate may not Use or Disclose PHI in a manner that would violate the Privacy Regulation if done by the Covered Entity. 2.2. Other Permitted Uses and Disclosures. In addition to the Uses and Disclosures permitted by Section 2.1, unless otherwise limited by this BAA, the Business Associate may Use and Disclose PHI as follows, but only if the Use or Disclosure is permitted under applicable law: 2.2.1. Use for management of Business Associate’s business and to meet legal responsibilities. Business Associate may Use PHI for the proper management and administration of the Business Associate’s business, or to fulfill the Business Associate’s present or future legal responsibilities. 2.2.2. Disclosure for management of Business Associate’s business and to meet legal responsibilities. Business Associate may Disclose PHI for the proper management and administration of the Business Associate’s business, or to fulfill the Business Associate’s present or future legal responsibilities, but only if: (a) the Disclosure is Required by Law, or (b) Business Associate 1. obtains reasonable assurances from the person to whom the PHI is disclosed that the PHI will remain confidential and used or further disclosed only as Required by Law or for the purposes for which it was disclosed to the person, and 2. the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached. 2.3. Data aggregation. At Covered Entity’s request or with Covered Entity’s consent, Business Associate may aggregate the PHI in its possession with the protected health information of other covered entities that Business Associate has in its possession through its capacity as a business associate to those other covered entities, but only if the purpose of the aggregation is to provide Covered Entity with data analyses relating to the Covered Entity’s Health Care Operations. 2.4. Subcontractors. If Business Associate delegates one or more of its functions or activities under the Underlying Agreement to a Subcontractor, Business Associate may Disclose PHI to the Subcontractor, and Subcontractor may create, receive, maintain, transmit, Use or Disclose PHI on behalf of Business Associate, but only as follows: 2.4.1. Content of Subcontractor BAA. Business Associate and Subcontractor must have a written business associate agreement that complies with 45 C.F.R. § 164.504(e), and with 45 C.F.R. § 164.314(a) as applicable. In addition, the business associate agreement: Packet Page Number 125 of 164 G9, Attachment 1 1103819-9 18 (a) Must impose the same or greater restrictions, requirements and conditions with respect to PHI as this BAA imposes on Business Associate; and (b) Must require, with respect to Electronic PHI, that Subcontractor comply with the applicable requirements of the Security Regulation. 2.4.2. Response required in case of Subcontractor breach. If Business Associate knows of a pattern of activity or practice of its Subcontractor that is a material breach or violation of its business associate agreement with Subcontractor, Business Associate must take reasonable steps to cure the breach or end the violation, and if not successful, must terminate the contract with Subcontractor, if feasible. 2.5. As Required by Law. Business Associate may Use or Disclose PHI as Required by Law, including but not limited to Business Associate’s obligation to disclose PHI to Secretary when requested for investigation or determination of Business Associate’s compliance with the Regulations. 2.6. Minimum necessary. Any Use or Disclosure of, or request for, PHI by Business Associate must comply with the “minimum necessary” standard in 45 C.F.R. § 164.502(b). 2.7. De-identification of PHI. Business Associate may create De-identified Information from PHI. 2.8. Other Uses and Disclosures Prohibited. Any Use or Disclosure of PHI by the Business Associate not expressly permitted or required by this BAA is prohibited. 3. RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO PROTECTED HEALTH INFORMATION 3.1. Responsibilities of Business Associate. Business Associate has the following responsibilities with regard to its creation, receipt, maintenance, Use, transmission or Disclosure of PHI: 3.1.1. Establish and use safeguards. Business Associate must: (a) Establish and use appropriate safeguards to prevent the Use or Disclosure of PHI in any manner or for any purpose not permitted by this BAA; and (b) With regard to Electronic PHI, comply with the applicable provisions of the Security Regulation. 3.1.2. Mitigate harm. Business Associate must establish and follow procedures for mitigating harmful effects of Uses or Disclosures of PHI not permitted by the Regulations or this BAA. 3.1.3. Access and inspection by the Secretary. Business Associate must make available upon request all of its internal practices, records, books, agreements, policies and procedures relating to the Use or Disclosure of PHI to the Secretary for purpose of determining Covered Entity’s compliance with the Regulations. 3.1.4. Designated Record Set. If Business Associate maintains PHI in a Designated Record Set: Packet Page Number 126 of 164 G9, Attachment 1 1103819-9 19 (a) Access Request. Business Associate will provide PHI in a Designated Record Set to Covered Entity in order for Covered Entity to meet its obligations under 45 C.F.R. § 164.524. (b) Requests to Amend Designated Record Set. Business Associate will, upon written request from Covered Entity, amend PHI in a Designated Record Set, in order for Covered Entity to meet its obligations under 45 C.F.R. § 164.526. 3.1.5. Accounting for Disclosures. If Business Associate Discloses PHI that the Covered Entity must account for to an Individual under 45 C.F.R. § 164.528, Business Associate must document and keep sufficient records of each Disclosure so that Covered Entity can provide the required accounting. In order for Covered Entity to meet its obligations under 45 C.F.R. § 164.528, Business Associate will provide the documentation to Covered Entity upon written request. 3.1.6. Reporting to Covered Entity. Except as provided in (b), Business Associate must report in writing to Covered Entity any Use or Disclosure of PHI not permitted or required by this BAA and any Security Incident involving Covered Entity’s Electronic PHI, of which Business Associate becomes aware. (a) Business Associate will provide any and all information reasonably requested by Covered Entity with regard to any unauthorized Use, Disclosure, or Security Incident. This Section 3.1.6 applies in addition to, and whether or not there is a Breach of Unsecured PHI, as provided in Section 3.1.7. (b) An attempt by a third party to probe or test the vulnerability of Business Associate’s information system or to interfere with that system that does not result in penetration of the firewall or perimeter security measures of Business Associate’s system is not considered a “Security Incident” for purposes of Business Associate’s reporting obligations under this BAA. 3.1.7. Notification of Breach of Unsecured PHI. Business Associate must provide written notice to the Covered Entity of any Breach of Unsecured PHI by Business Associate or Subcontractor (“BA Breach”), within 30 days of Business Associate’s discovery of the BA Breach, or earlier if required by law. Each party agrees to cooperate with the other party’s investigation of a Breach of Unsecured PHI, and each party bears the costs of its own investigation. 3.1.8. Performance by Business Associate of Covered Entity Obligation. To the extent Business Associate is carrying out an obligation of Covered Entity under the Privacy Regulation, Business Associate will comply with the requirements of the Privacy Regulation that would be applicable to Covered Entity in performance of that obligation. 3.2. Responsibilities of Covered Entity. 3.2.1. Special Restrictions. Covered Entity must notify Business Associate in a timely manner of any arrangements the Covered Entity permits or requires that may Packet Page Number 127 of 164 G9, Attachment 1 1103819-9 20 affect the permitted Uses or Disclosures of PHI by Business Associate under this BAA. 3.2.2. Requests by Covered Entity. Covered Entity must not ask Business Associate to Use or Disclose PHI (including Disclosures to Covered Entity) in any manner that would not be permissible under the Privacy Regulation if done by Covered Entity, except as expressly permitted by the Regulations. 4. TERM AND TERMINATION 4.1. Term. This BAA has the same term as the Underlying Agreement, but may be terminated earlier as provided in Section 4.2. Certain provisions and requirements of this BAA survive the termination of the Underlying Agreement in accordance with Section 6.1. 4.2. Termination by Covered Entity for material breach. Notwithstanding anything to the contrary in the Underlying Agreement, and in addition to any termination provisions in the Underlying Agreement, Covered Entity may immediately terminate this BAA and the Underlying Agreement, if Covered Entity determines that Business Associate has breached a material term of this BAA. Alternatively, in its sole discretion and without waiving its power to terminate immediately, Covered Entity may: 4.2.1. Provide Business Associate with written notice of the material breach and give Business Associate an opportunity to cure the breach to Covered Entity’s satisfaction within a time period specified in the notice; and 4.2.2. If the material breach is not cured to the reasonable satisfaction of the Covered Entity within the time specified in the written notice of the breach, Covered Entity may immediately terminate this BAA and Underlying Agreement by providing written notice of termination to the Business Associate. 4.3. Protection of PHI after termination. Pursuant to 45 C.F.R. §164.504(e)(2)(J), when this BAA terminates, the following applies to all PHI that the Business Associate received from, created, or received on behalf of, Covered Entity. 4.3.1. Return or destroy PHI. Following the termination of this BAA, Business Associate must return or destroy all PHI, as follows: (a) Return PHI to Covered Entity and retain no copies; and/or (b) Securely destroy PHI in its possession. 4.3.2. If not feasible to return or destroy. If it is not feasible for Business Associate to return or destroy PHI as provided in Section 4.3.1, Business Associate must, following the termination of this BAA, give Covered Entity written notice stating the following: (a) That Business Associate has determined that it is not feasible to return or destroy the PHI in its possession; (b) The specific reasons for making this determination; and (c) That Business Associate will (1) extend all the protections, limitations and restrictions contained in this BAA to PHI retained after the termination of Packet Page Number 128 of 164 G9, Attachment 1 1103819-9 21 this BAA, and (2) limit any further Use and Disclosure of PHI to the purposes that make the return or destruction of the PHI infeasible. 5. MISCELLANEOUS PROVISIONS 5.1. Survival. The respective rights and obligations of Business Associate and Covered Entity under Section 2, Section 3 and Section 4.3 solely with respect to PHI Business Associate retains in accordance with Section 4.3 survive termination of this BAA. 5.2. Amendment. Except as provided in Section 5.2.1, this BAA may be amended only by a writing signed by the parties. 5.2.1. Automatic amendment due to change in law. This BAA will be deemed automatically amended to the extent necessary for the parties to comply with a change in applicable law. For purposes of this paragraph, a “change in applicable law” means a change in statute, regulation, rule, or interpretation or application of law by an authoritative judicial or administrative body. 5.3. Non-Waiver. The rights and remedies of the parties are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right under this BAA or the documents referred to in this BAA shall operate as a waiver of such right, and no single or partial exercise of any such right shall preclude any other or further exercise of such right or the exercise of any other right. 5.4. No Third Party Beneficiary. This BAA confers no enforceable legal right or remedy on any individual or entity other than the parties, unless otherwise expressly provided. 5.5. Notices. Any notice or other communication required or permitted by this BAA must be in writing. A notice will be deemed given or delivered at the earliest of the following: (a) When the notice is actually delivered to the intended recipient; (b) When deposited in the United States mail, certified or registered, return receipt requested, postage prepaid and properly addressed, or when deposited with a recognized overnight courier for next day delivery, charges prepaid and properly addressed, or (c) If given by facsimile, upon evidence that the facsimile was received, if promptly followed by delivery under Section 5.5(b). Notice is valid if addressed to the intended recipient as follows, as appropriate: If to Business Associate, to: Regions Hospital Attn: EMS Director 640 Jackson Street St. Paul, MN 55101 With a copy to: HealthPartners General Counsel P.O. Box 1309 Minneapolis MN 55440-1309 If to Covered Entity, to: The City of Maplewood Attn: EMS Chief 1955 Clarence Street North Maplewood, MN 55109 With a copy to: The City of Maplewood Attn: City Attorney 1830 County Road B Maplewood, MN 55109 Packet Page Number 129 of 164 G9, Attachment 1 1103819-9 22 A party may change its address and that of its representative(s) for notice by giving notice as provided in this section. 5.6. Interpretation. Any ambiguity in this BAA shall be resolved in favor of a meaning that permits each party to comply with applicable law. 5.7. Governing documents. If a conflict arises between any term or provision of this BAA and the Underlying Agreement, this BAA controls to the extent that the conflict relates to or arises from the Use or Disclosure of PHI or Individual rights regarding PHI. The Underlying Agreement controls all other conflicts. 5.8. Governing law, jurisdiction and venue. This BAA is governed by and interpreted under Minnesota law. Any lawsuit arising between the parties directly or indirectly out of this BAA must be brought in a court of competent jurisdiction located in the State of Minnesota. 5.9. Severability. This BAA must be interpreted in a way that if any provision is held invalid, the rest of the BAA shall remain in full effect, unless the invalid provision would materially alter a party’s interests or materially affect its ability to perform under the Agreement. 5.10. Legal Compliance. The parties must perform their respective duties and obligations under this BAA in compliance with all applicable state or federal law. 5.10.1. Any reference to a statute in this BAA shall be deemed to include its implementing regulations. 5.10.2. Any reference to a statute or regulation in this BAA means that statute or regulation as amended or supplemented and any corresponding provisions of successor statutes or regulations, unless context requires otherwise. 5.11. Interpretation of “includes” or “including.” The words “includes” or “including” in this BAA means “including but not limited to.” 5.12. Assignment. Business Associate may assign this BAA to one of its affiliates or related entities upon notice to Covered Entity. If the BAA is appropriately assigned, the BAA will bind the parties and their successors and assigns. 5.13. Limitation of Liability. Neither party shall be liable to the other party for any incidental, consequential, special, or punitive damages of any kind or nature, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if the other party has been advised of the possibility of such loss or damages. (SIGNATURE PAGE FOLLOWS) Packet Page Number 130 of 164 G9, Attachment 1 1103819-9 23 AGREED TO BY: REGIONS HOSPITAL _____________________________________ THE CITY OF MAPLEWOOD ______________________________________ Signature Signature _____________________________________ ______________________________________ Name printed Name printed _____________________________________ ______________________________________ Title Title _____________________________________ ______________________________________ Date Date THE CITY OF MAPLEWOOD ______________________________________ Signature ______________________________________ Name printed ______________________________________ Title ______________________________________ Date [END OF BUSINESS ASSOCIATE ADDENDUM] Packet Page Number 131 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager DATE: August 12, 2016 SUBJECT: Consider Approval of Playground Replacement at Vista Hills Park Introduction In the spring of 2016 Parks staff completed a thorough assessment of our entire playground system. As a result of this inspection, staff is recommending the replacement of the playground at Vista Hills Park. Background Parks staff currently has two Certified Playground Inspectors. In the spring of 2016 all of the City’s playgrounds were inspected and ranked according to safety and age. At the top of this list was the playground at Vista Hills. Discussion These priorities were made through thorough inspection and based on safety. Sometimes aesthetically a park looks in bad condition; however, structurally it is still functional. This improvement is based on safety. A community process will be followed for the selection of the Vista Hills Park replacement. Residents will be invited to decide on which proposals they like best. The winning proposal will be installed at the park. With improvements at Goodrich and Gladstone also happening this fall, staff believes selecting a park in the south Maplewood allows funding to be geographically distributed throughout the City. Budget Impact Money for this project is available in the parks portion of the C.I.P. Fund allocation. As in the past, staff is asking City Council to approve a best value approach to awarding this project with a not to exceed budget of $85,000. Recommendation Staff recommends City Council’s approval of a best value approach for Vista Hills Park and authorize the Park & recreation Director to enter into contract with the provider the residents choose for replacement with a not to exceed budget of $85,000. G10 Packet Page Number 132 of 164 Attachments None G10 Packet Page Number 133 of 164 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 134 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental and City Code Specialist DATE: August 15, 2016 SUBJECT: Approval of Ordinance Amendment to the Maplewood Rental and Owner- Occupied Housing Maintenance Code – Second Reading Introduction On average, Maplewood Code Enforcement sends over three hundred 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 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 On August 8, 2016, the city council gave first reading to this ordinance amendment to approve these changes. The city council did not have any suggested changes to the proposed amendment. To finalize the changes the city council must hold a second reading of the proposed ordinance amendment. Discussion As discussed in the August 8, 2016 report, staff is recommending changes to the rental and owner-occupied maintenance code. 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. To complete the ordinance amendment, the city council must approve the second reading of the proposed amendment to the city ordinances. I1 Packet Page Number 135 of 164 Budget Impact None Recommendation Staff recommends approval of the second reading of the proposed amendment to 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 I1 Packet Page Number 136 of 164 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. I1, Attachment 1 Packet Page Number 137 of 164 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 I1, Attachment 1 Packet Page Number 138 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 15, 2016 SUBJECT: Consider Approval of Amendments to the Maplewood Planning and Parks and Recreation Commission Ordinances – Second Reading Introduction At the August 8, 2016 meeting, the city council gave first reading to amendments to the planning commission and parks and recreation commission ordinances reducing the membership of each commission from nine to seven members. The city council did not have any suggested changes to the proposed amendments. To finalize the changes the city council must hold a second reading of the proposed ordinance amendments. 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. With the most recent appointment to the planning commission, there would be no vacancies on a seven- member commission. 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. It has been a couple of years since nine seats were filled on either commission. 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. I2 Packet Page Number 139 of 164 Budget Impact None Recommendation Staff recommends approval of the second reading of the proposed 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 I2 Packet Page Number 140 of 164 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 I2, Attachment 1 Packet Page Number 141 of 164 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 Attachment 2I2, Attachment 2 Packet Page Number 142 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 15, 2016 SUBJECT: Consider Approval of an Amendment to the Maplewood Zoning Ordinance Regarding Temporary Accessory Dwelling Units – Second Reading Introduction At the August 8, 2016 meeting, the city council gave first reading to an amendment to the city’s zoning code permitting the city to opt out of a recently adopted state statute allowing temporary dwelling units. The city council did not have any suggested changes to the proposed amendment. To finalize the changes the city council must hold a second reading of the proposed ordinance amendment. Discussion 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. Commission Review At the July 19, 2016 Planning Commission meeting, the commission reviewed the proposed ordinance and recommended approval. Budget Impact None I3 Packet Page Number 143 of 164 Recommendation Staff recommends the approval of the ordinance opting-out of the requirements of Minnesota Statutes, Section 462.3593. Attachment 1. Proposed Ordinance 2. League of Minnesota Cities’ Summary of Temporary Family Health Care Dwelling Statute I3 Packet Page Number 144 of 164 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 I3, Attachment 1 Packet Page Number 145 of 164 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. I3, Attachment 2 Packet Page Number 146 of 164 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. I3, Attachment 2 Packet Page Number 147 of 164 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.” I3, Attachment 2 Packet Page Number 148 of 164 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. I3, Attachment 2 Packet Page Number 149 of 164 • 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. I3, Attachment 2 Packet Page Number 150 of 164 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. I3, Attachment 2 Packet Page Number 151 of 164 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 152 of 164 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: August 15, 2016 SUBJECT: Consider Approval of Amendments to Commissions’ Rules of Procedures 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. After this workshop, each city staff liaison worked with the city’s board and commission to review each of its rules of procedures to see if any adjustments were needed. The city’s planning commission (PC), community design review board (CDRB), housing and economic development commission (HEDC) and parks and recreation commission (PRC) each approved minor changes to its rule of procedure relating to meeting times and dates. The city council must confirm any changes to the rules of procedures for each board and commission. Discussion Planning Commission For the last few years, staff has informed the planning commission that the intention was to hold monthly meetings. Currently, the planning commission’s rules of procedure states the group will meet twice a month. The need for two meetings a month is not there and staff would like to select a single monthly meeting – third Tuesday of every month – so that members can better anticipate when a meeting will be held. Last year the planning commission met eight times and the August 16 meeting will mark the eighth meeting of 2016. Also, it is being proposed that the community design review board’s meetings be the same night as the planning commission as it is not only an efficient use of staff and applicant time and efforts but will also allow for potential joint meetings for educational or training opportunities. Community Design Review Board The CDRB’s rules of procedure states the group shall meet on the second and fourth Tuesday of every month. For several years now the CDRB has been holding – at most – a single monthly meeting and the rules should be updated to reflect this. Last year the CDRB met eight times and the August 16 meeting will mark the sixth meeting of 2016. In addition, the CDRB is proposing to meet on the third Tuesday of every month which is the same night the planning commission will be holding its monthly meetings. The idea is that applicants, staff and currently a single board member would be able to attend both required meetings on a single evening. It J1 Packet Page Number 153 of 164 would also afford the opportunity to hold joint meetings for training purposes when one or both groups have light agendas. Housing and Economic Development Commission For the last few years, staff has informed the HEDC that the intention was to hold meetings on a quarterly and on an as needed basis. The city’s ordinance already reflects this but the HEDC’s rules of procedure sets the expectation of monthly meetings. The HEDC’s rules of procedure need to be updated to reflect the actual meeting frequency. In addition, the HEDC requested approval to amend its meeting date from the second Wednesday of each quarter to the third Thursday of each quarter and the start time of meetings from 7 p.m. to 6 p.m. to better serve the sittings member’s schedules. Parks and Recreation Commission The PRC also reviewed its rules of procedure earlier this year and indicated its preference for changing its meeting start time from 7 p.m. to 6 p.m. to better serve its members schedules. The PRC will be considering an official recommendation at its meeting on August 17 and city staff will inform the city council of its action on August 22. At this time the PRC does not have an official rules of procedure document but will be working to formalize such a document in the near future that will incorporate previous operational standards and this action. Commission Review At the June 7, 2016 planning commission meeting, the commission reviewed the proposed rules of procedure amendment and recommended approval. At the August 3, 2016 CDRB meeting, the board reviewed the proposed rules of procedure amendment and recommended approval. At the July 13, 2016 HEDC meeting, the commission reviewed the proposed rules of procedure amendment and recommended approval. At the August 17, 2016 PRC meeting, the commission will review the proposed amendment to its rules of procedure. The PRC has previously stated support of the amendment Recommendation Recommend approval of amendments to the rules of procedures for the planning commission, community design review board, housing and economic development commission and parks and recreation commission as it relates to meeting dates, time and election of officers. Attachment 1. Proposed Amendment to the PC’s Rules of Procedures 2. Proposed Amendment to the CDRB’s Rules of Procedures 3. Proposed Amendment to the HEDC’s Rules of Procedures J1 Packet Page Number 154 of 164 PLANNING COMMISSION RULES OF PROCEDURE Originally adopted by the Planning Commission on February 21, 1983 Last Changed by the City Council on February 13, 2012 Last Changed by the City Council on February 10, 2014 Last Changed by the City Council on January 26, 2015 Amendments Proposed June 7, 2016 (Proposed Deletions Are Crossed Out) We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by city staff, on behalf of the chairperson, or in his or her absence, by the vice chairperson or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as Attachment 1J1, Attachment 1 Packet Page Number 155 of 164 are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission and approval of the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson. The planning commission shall elect a new chairperson at the next possible planning commission meeting. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission shall elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. ENVIRONMENTAL AND ECONOMIC DEVELOPMENT DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Environmental and Economic Development staff shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. Attachment 1J1, Attachment 1 Packet Page Number 156 of 164 5. Commissioners are encouraged to email or contact staff regarding questions or comments they have on pending reviews prior to meetings in order to provide better data and information. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Public Hearings f. New Business g. Unfinished Business h. Visitor Presentations i. Commission Presentations j. Staff Presentations k. Adjournment 3. Only items that are on the agenda or added to the agenda prior to its adoption shall be considered by the Commission. H. ROSENBERG’S RULES OF ORDER Except as herein provided, Rosenberg’s Rules of Order shall be accepted as the authority on parliamentary practice. I. COMPREHENSIVE PLAN Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The City Council shall make all appointments to the Planning Commission by following the current city appointment policy. Attachment 1J1, Attachment 1 Packet Page Number 157 of 164 K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. ANNUAL REVIEW These Rules of Procedure shall be reviewed by the Planning Commission at the first meeting of each year. Attachment 1J1, Attachment 1 Packet Page Number 158 of 164 -1- COMMUNITY DESIGN REVIEW BOARD RULES OF PROCEDURE Revised by the Community Design Review Board on February 23, 2009 Adopted by the City Council on March 8, 2010 Amendments Proposed August 3, 2016 (Changes underlined if added and stricken if deleted) We, the members of the Community Design Review Board of the City of Maplewood, Minnesota, created pursuant to Article IV, Section 25 of the Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: I. MEETINGS A. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E. County Road B, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all members. B. Regular meetings shall be held at 6 p.m. on the second and fourth third Tuesdays of each calendar month, provided that when the meeting falls on a legal holiday or voting day, such meeting shall be rescheduled. C. Special meetings may be held upon call by the chairperson, or in his/her absence, by the vice chairperson, or by any other member with the concurrence of two other members of the board with at least 72 hours notice to all members. II. QUORUM A. Three members of the board shall constitute a quorum. B. Any member who abstains from voting on a particular question because of possible conflict of interest shall not be considered to be a member of the board for the purpose of determining a quorum for the consideration of the issue. C. Any action by the board shall require a majority vote of the members present. III. DUTIES OF THE CHAIRMAN A. In addition to presiding at all meetings of the board, the chairperson shall appoint such standing committees and temporary committees as may be required, and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chairperson. B. No standing or temporary committee shall have the power to commit the board to the endorsement of any plan or program without the express approval of the board. Attachment 2J1, Attachment 2 Packet Page Number 159 of 164 -2- IV. ELECTION OF OFFICERS A. The chairperson, vice chairperson, and such officers as the board may decide are needed, shall be appointed by the board at the second first meeting of each calendar year and will serve until their successors have been duly elected and qualified. B. In the absence of the chairperson, the vice chairperson shall perform the duties of the chairperson. In the event that both are absent, the members present shall elect a chairperson pro tem. V. DESIGN REVIEW BOARD VACANCIES A. The following are grounds for recommending to the city council the dismissal of a community design review board member: 1. Failure to serve, as shown by failure to attend six meetings in any calendar year, without good cause. 2. Resignation in writing. 3. Taking public office in Maplewood. 4. Moving out of Maplewood. VI. DIRECTOR OF COMMUNITY DEVELOPMENT AND PARKS A. In addition to carrying out the duties prescribed in city ordinance, the director or a designated replacement, shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor to the board on any matter which comes before the board. 3. Make written recommendations to the board on matters such as, but not limited to, architectural plans, site plans, signage and landscaping proposals. 4. Inspect the construction of all projects approved by the board for plan compliance. 5. Schedule any matter with the city council that has been reviewed by the board that requires city council approval. VII. AGENDA A. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting, shall be made available to each member of the board not later than three days prior to the next scheduled meeting. Attachment 2J1, Attachment 2 Packet Page Number 160 of 164 -3- B. The agenda format shall read as follows: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Approval of Agenda 5. Unfinished Business 6. Design Review 7. Visitor Presentations 8. Board Presentations 9. Staff Presentations 10. Adjournment C. The board shall only consider items on the agenda. D. The board’s review shall include, but shall not be limited to, the following items: 1. Site Considerations: a. Utilities b. Drainage c. Landscaping - fence, screening d. Traffic flow, parking and driveway access e. Trash receptacle enclosure f. Building setbacks g. Security lighting h. Access for emergency vehicles 2. Architectural Considerations: a. Materials must be compatible with neighboring buildings; such as block, metal, brick, etc., including colors. b. Building aesthetics must be compatible with neighboring buildings, scale of building, size in relation to surroundings, flat roof vs. pitched roof, etc. c. Location and concealment of outside equipment, e.g. air conditioning, and outside storage yards. VIII. AMENDMENT OR SUSPENSION OF RULES A. Any of the foregoing rules may be temporarily suspended by a majority vote of the members present. B. The "Rules of Procedure" may be amended at any regular meeting by a majority vote. IX. RULES OF ORDER Except as herein provided, Rosenberg’s Rules of Order, shall be followed. Attachment 2J1, Attachment 2 Packet Page Number 161 of 164 HOUSING AND ECONOMIC DEVELOPMENT COMMISSION RULES OF PROCEDURE Adopted by Housing and Economic Development Commission on February 28, 2013 Amendments Proposed July 13, 2016 (Changes underlined if added and stricken if deleted) We, the members of the Housing and Economic Development Commission of the City of Maplewood, Minnesota, created pursuant to the Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the provisions of said Article, which is hereby made a part of these Rules: A. APPOINTMENTS The city council shall make appointments to the housing and economic development commission by following the current city appointment policy. B. MEETINGS 1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 County Road B East, unless otherwise directed by the chairperson or staff, in which case at least 24 hours notice will be given to all commissioners. 2. Regular meetings shall be held at 7 6 p.m. on the second Wednesday third Thursday of each calendar month fiscal quarter (January, April, July and October) and as needed, provided that when the meeting falls on a legal holiday, such meeting shall be rescheduled. 3. Special meetings may be held upon call by the chairperson or in his/her absence, by the vice chairperson, or by any other commissioner with the concurrence of a majority of the commissioners with at least 72 hours notice to all commissioners. C. COMMUNITY DEVELOPMENT DEPARTMENT In addition to carrying out the duties prescribed in the city ordinance the planner or a designated replacement shall: 1. Prepare the agenda for each meeting. 2. Act as technical advisor on any matter which comes before the commission. 3. Make written recommendations to the commission on matters referred to the commission. 4. Schedule any matter with the city council that has been reviewed by the commission that requires city council approval. Attachment 3J1, Attachment 3 Packet Page Number 162 of 164 D. AGENDA 1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of the previous meeting shall be made available to each member of the commission no later than three days prior to the next scheduled meeting. 2. The agenda format shall generally read as follows: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. New Business f. Unfinished Business g. Visitor Presentations h. Commissioner Presentations i. Staff Presentations j. Adjournment E. QUORUM 1. A simple majority of the current membership of the commissioners shall constitute a quorum. 2. Any action by the commission shall require a majority vote of the members present. F. ELECTION OF OFFICERS A chairperson and vice-chairperson shall be elected at the regular meeting of the housing and economic development commission in December January. New terms begin in January following the election. Once elected, chairs and vice-chairs shall serve until a successor is elected. G. DUTIES OF THE CHAIRPERSON 1. In addition to the duties prescribed in the ordinance, the chair shall represent the commission at each city council meeting where a commission item is on the agenda, to present the commission’s recommendations and to answer questions from the city council regarding the decision. If the chair is unavailable to attend the city council meeting, the chair will appoint a representative from the commission. H. CHAIRPERSON AND VICE-CHAIRPERSON 1. The chairperson, vice chairperson, and such officers as the commission may decide shall be elected and assume duties according to the current ordinance. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the commission, the vice Attachment 3J1, Attachment 3 Packet Page Number 163 of 164 chairperson shall become the acting chairperson until the commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the commission, the commission will elect a new vice chairperson at the next possible commission meeting. I. TEMPORARY COMMITTEES 1. The commission shall elect by a majority vote such standing committees and temporary committees as may be required and such committees will be charged with the duties, examinations, investigations, and inquiries relative to subjects assigned by the chair. 2. No standing or temporary committee shall have the power to commit the commission to the endorsement of any plan or program without the express approval of the commission. J. VACANCIES The housing and economic development commission positions shall be vacated or recommended to the city council for vacation according to the current housing and economic development ordinances. K. AMENDMENT OR SUSPENSION OF RULES 1. Any of the foregoing rules may be temporarily suspended by a majority vote of the commissioners present. 2. The "Rules of Procedure" may be amended at any regular meeting by a supermajority vote. L. RULES OF ORDER In all points not covered by these rules, the commission shall be governed in its procedures by Rosenberg’s Rules of Order, Simple Parliamentary Procedures for the 21st Century. Attachment 3J1, Attachment 3 Packet Page Number 164 of 164